06. Ordinance 1516 - Adopting International Energy Conservation Codes - 1st Readingammlm��M�
Post Office Box 1997 , Kalispell, Montana 59 5-1997 > Tejephom � XD) 758-77 • FAX t (;, 7 -7758
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
BACKGROUND:
The Honorable Mayor Kennedy and City Council
Craig Kerzman, Building Official
Frank Garner, Interim City Manager
Ordinance 1516 — I st Reading
November 1, 2004
In order to maintain up to date building codes the State of Montana
Department of Labor and Industry through its Building Codes Bureau adopted and/or amended
for statewide use the International Energy Conservation Code (IECC). The IECC will replace
the Model Energy Code which is the energy code that Kalispell has enforced for years. The
IECC is one of the codes in the International family of codes and is designed to be used along
with other International codes, some of which you have already adopted.
Each time the State deletes, adopts, amends or updates codes or administrative rules, the City, in
order to maintain its certification to enforce codes, must amend its code -adopting ordinance to
reflect the changes made by the State. (ARM 24.301.202)
RECOMMENDATION: The City Council passes first reading of Ordinance 1516.
FISCAL IMPACT: None.
ALTERNATIVES:
Respectfully submitted,
Craig Kerzman
Building Official
As suggested by Council
Date prepared: October 27, 2004
Frank Garner
Interim City Manager
ORDINANCE NO. 1516
AN ORDINANCE TO AMEND ORDINANCE NO. 1416, ADOPTING, BY REFERENCE, THE
"INTERNATIONAL ENERGY CONSERVATION CODE", 2003 EDITION, AS THE ENERGY
CODES OF THE CITY OF KALISPELL, AND APPLICABLE TO THE JURISDICTIONAL AREA
THEREOF; SUBJECT TO THE AMENDMENTS MADE, ADOPTED AND APPROVED BY THE
BUILDING CODES BUREAU, DEPARTMENT OF LABOR AND INDUSTRY, STATE OF
MONTANA; TO PROVIDE A PENALTY FOR THE VIOLATION OF ANY LAWFUL ORDER
ISSUED PURSUANT THERETO; A1N�D ESTABLISHING AN EFFECTIVE DATE.
PURSUANT TO THE AUTHORITY OF THE CITY OF KALISPELL UNDER THE PROVISIONS OF
SECTION 7-5-108, M.C.A., AND 7-5-4202, M.C.A., BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF KALISPELL, MONTANA, AS FOLLOWS:
SECTION I. There is hereby adopted by reference, Administrative Rules of the State of
Montana, ARM 24.301,101 through 24.301,169.
SECTION II. There is hereby adopted by reference, the "International Energy
Conservation Code", 2003 edition, as amended by ARM 24.301.16L
The fee schedule adopted pursuant to Ordinance No. 1291 shall be used to
determine the fees to be charged for permits issued pursuant to this Section.
At least one copy of said documents shall be kept on file in the office of the
City Clerk for inspection by the public.
SECTION II1. These codes are applicable to all buildings within the building code
enforcement area of the City of Kalispell, including but not limited to,
residential buildings containing less than five dwelling units or their
attached -to structures, any farm or ranch building, and any private garage or
private storage structure used only for the owner's own use as provided by §
50-60-102 (1) (a), MCA.
SECTION IV. It is unlawful for any person to knowingly, purposely, willfully, or
negligently violate any lawful order issued pursuant to said codes; such a
violation is an offense against the City punishable as provided in Section 1-9
of the Kalispell City Code.
SECTION V. This Ordinance is effective thirty days following final. approval by the
Council and Mayor and the filing with the City Clerk of the prescribed
copies of the Codes hereby adopted by reference.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AND
SIGNED BY THE MAYOR THIS 15TH DAY OF NOVEMBER, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
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BusinessStandards Division
Suilding Codes Bureau
TO: Directors of Certified Local Government Building Code Programs
FROM: Tim Lloyd, Acting Bureau Chief
SUBJECT: 90 day notice of changes to Administrative Rules of Montana (ARM)
DATE: September 8, 2004
Effective September 3, 2004, the Department of Labor and Industry, Building Codes
Bureau (DLI/BCB) adopted and began enforcing the following new code:
International Energy Conservation Code (IECC), 2003 Edition
In accordance with ARM 24.301,202, DLI/BCB must notify local governments of code
modifications, after which the local governments have 90 days to adopt those same
codes. Thus this letter notifies administrators of local code enforcement prog.rams their
local ciovernments have until December, 2004 to act in this regard, Failure to do so may
result in decertification of non -compliant programs.
Once local governments have conformed their respective building codes to the ones
adopted by DLI/BCB, they must so notify DLI/BCB, and provide a copy of the code
adoption ordinance or administrative action. A complete copy of the ARM's that pertain to
Certified Local Government Programs, which describes this process, is enclosed for your
reference and convenience.
Copies of the Proposal to Adopt New Rules and the Notice of Adoption for those rules are
enclosed for your reference, and copies will be provided of the finalized rule to all of you once
they are available as replacement pages from the Secretary of State's Office. Copies of the
IBC and IRC and other related reference materials may be purchased from the DLI/BCB or
by contacting the International Code Council at 800-284-4406 or online at
httw/hWww.iccsafe or,/.
If there are questions or concerns, please feel free to contact me at 841-2058, or Jennifer
Johnson at 841-2064.
P.O. BOX 200517 HELENA MT 59620-0517. BLDG PERMITS/PLAN REVIEWS (406) 841-20400
ELECTRICAL PERMITS (406) 841-2047s PLUMBING/MECH (406) 841-2051•
FAX (406) 841-2050 • TTD (406) 444-0532
'AN EQUAL OPPORTUNITY EMPLOYER"