5. Ordinance 1516 - Adopting International Energy Conservation Codes - 2nd ReadingREPORT TO:
FROM:
SUBJECT:
MEETING DATE:
BACKGROUND:
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The Honorable Mayor Kennedy and City Council
Craig: Kerzan, Building Official
.tames H. Patrick, City Manager
Ordinance 1516 — 2nd Reading
November 15, 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).
No comments were received regarding this proposed code adoption.
RECOMMENDATION: The City Council passes second reading of Ordinance 1516.
FISCAL IMPACT: None.
ALTERNATIVES: As suggested by Council
Respectfully submitted,
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Craig Kerzman ,Tames I -I. Patrick
Building Official City Manager
Date prepared: November 10, 2004
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; AND 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 24301.161,
The fee schedule adopted pursuant to Ordinance No. 1291 shall be used
to deterrrrine 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 111. 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