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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 w taw 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"