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1. Ordinance 1444 - Adoption of International Building and Residential Codes 2000 - 2nd ReadingCity of Kalispell Post Office Box 1997 - Kalispell. Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 REPORT TO: The Honorable Mayor Kennedy and City Council FROM: Craig Kerzman, Building Official Chris Kukulski, City Manager SUBJECT: Ordinance 1444 — 2"a Reading MEETING DATE: March 3. 2003 BACKGROUND: The City of Kalispell currently utilizes within its ordinance, the Uniform Building Code (UBC), 1997 edition, and the CABO One and Two Family Dwelling Code (CABO), 1995 edition, for its local enforcement program and is certified by the State thereby to conduct its own enforcement program. The State Building Codes Division recently adopted the 2000 editions of the International Building Code (IBC) and International Residential Code (IRC) and is requiring all local governments pursuant to ARM 24.301.202 to adopt these codes in order to maintain their certification with the State. Ordinance 1444 makes the City compliant with the State requirements. On January 21, 2003, City Council passed first reading of Ordinance 1444. Legal notification was published in the paper and no comments were received. RECOMMENDATION: The City Council pass second reading of Ordinance 1444. FISCAL IMPACT: Enforcement of the 2000 IBC and IRC is not anticipated to create any adverse or positive impacts. ALTERNATIVES: As suggested by Council. Respectfully submitted, Craig Kerzman Chris A. Kukulski Building Official City Manager Date prepared: February 26, 2003 ORDINANCE NO. 1444 AN ORDINANCE TO AMEND ORDINANCE NO. 1416, ADOPTING, BY REFERENCE, THE "INTERNATIONAL BUILDING CODE", 2000 EDITION, AND THE "INTERNATIONAL RESIDENTIAL CODE", 2000 EDITION, AS THE BUILDING 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 Building Code", 2000 edition, as amended by ARM 24.301.131 and the "International Residential Code", 2000 edition, as amended by ARM 24.301.154. 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 III. 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 3RD DAY OF MARCH, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk