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4. Ordinance 1416 - Adopting Uniform Building Codes - 1st Reading4D City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 -Telephone (406)758-7700 Fax(406)758-7758 REPORT TO FROM: SUBJECT: Honorable Mayor and City Council Craig Kerzman, Building Official Chris A. Kukulski, City Manager Ordinance 1416 - 1 st Reading Ordinance 1417 - 1st Reading MEETING DATE: April 15, 2002 BACKGROUND: In July of 2001, the State Building Codes Division was transferred from the Department of Commerce to the Department of Labor and Industry. This transfer required a significant rewrite of the text and numbering of the Administrative Rules of Montana (ARM's) that apply to building codes enforcement. The basic codes we enforce remain unchanged. Each time the State deletes, adopts, amends or updates codes or administrative rules, the City, in oOrder 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 approve Ordinance1416 and Ordinance 1417 on first reading. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by Council. Respectively submitted, Craig K zman Chris A. Kukulski Building Official City Manager Report Compiled April 10, 2002 NO. 1416 AN ORDINANCE TO AMEND ORDINANCE NO. 1301 WHICH ADOPTED, BY REFERENCE, THE "UNIFORM BUILDING CODE", 1997 EDITION, THE "UNIFORM MECHANICAL CODE" (ICBO VERSION), 1997 EDITION, THE "COUNCIL OF AMERICAN BUILDING OFFICIALS, ONE & TWO FAMILY DWELLING CODE", 1995 EDITION; THE "UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS", 1997 EDITION; THE "UNIFORM HOUSING CODE", 1997 EDITION; AND THE "MODEL ENERGY CODE", 1993 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 DIVISION, 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 24.301.905. SECTION II. There is hereby adopted by reference, the "Uniform Building Code", 1997 edition, as amended by ARM 24.301.108, ARM 24.301.901, ARM 24.301.902, ARM 24.301.903, ARM 24.301.904 and ARM 24.301.905; together with the following Appendix Chapters: App. Ch. 3, Divisions I, II and III, as amended by ARM 24.301.108(11), Division IV; App. Ch. 4, Division II; App. Ch. 11; App. Ch. 13, as amended by ARM 24.301.108(10); App. Ch. 15; App. Ch. 16, Divisions I and IV; App. Ch. 18; App. Ch. 21; App. Ch. 23; App. Ch. 31, Divisions I, II and III; except for: the penalty portions thereof. 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 document shall be kept on file in the office of the City Clerk for inspection by the public. SECTION III. There is hereby adopted, by reference, the "Uniform Mechanical Code" (ICBO version), 1997 Edition, as amended by ARM 24.301.170(1)(d) and (e), (3) and (6); except for: the penalty portions thereof. V:\attsect\wp\ord\1416 uniform codes.wpd -1- The fee schedule adopted by the Department of Labor and Industry, Building Codes Bureau, State of Montana, for the Uniform Mechanical Code, 1988 Edition is hereby adopted by the City of Kalispell. At least one copy of said document shall be kept on file in the office of the City Clerk for inspection by the public. SECTION IV. There is hereby adopted, by reference, the "Council of American Building Officials, One & Two Family Dwelling Code", 1995 Edition, as amended by ARM 24.301.180 (3) through (9); except for: the penalty portions thereof. 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 document shall be kept on file in the office of the City Clerk for inspection by the public. SECTION V. There is hereby adopted, by reference, the "Uniform Code for the Abatement of Dangerous Buildings", 1997 Edition; except for; the penalty portions thereof. At least one copy of said document shall be kept on file in the office of the City Clerk for inspection by the public. SECTION VI. There is hereby adopted, by reference, the "Uniform Housing Code", 1997 Edition, except for: the penalty portion thereof. At least one copy of said document shall be kept on file in the office of the City Clerk for inspection by the public. SECTION VII. There is hereby adopted, by reference, the "Model Energy Code", 1993 Edition, as amended by ARM 24.301.160 (1); except for: the penalty portions. At least one copy of said document shall be kept on file in the office of the City Clerk for inspection by the public. SECTION VIII. There is hereby adopted, by reference, the "Uniform Code for Building Conservation, 1997 Edition, except for the penalty portion thereof. V:\attsect\wp\ord\1416 uniform codes.wpd -2- At least one copy of said document shall be kept on file in the office of the City Clerk for inspection by the public. SECTION IX. 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 use only for the owner's own use as provided by § 50-60- 102 (1) (a), MCA. SECTION X. 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 XI. Section 105 of the Uniform Building Code, providing for a Board of Appeals, shall be the provision applicable and shall be used for appeals under this Ordinance. SECTION XII. 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 DAY OF MAY, 2002. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk V:\attsect\wp\ord\1416 uniform codes.wpd -3-