01. Ordinance 1416 - Adopting Uniform Building Codes - 2nd ReadingFROM:
SUBJECT:
of
Post Office Box 1997 • I(alispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
The Honorable Mayor Kennedy and City Council
Craig Kerzman. Building Official
Chris Kukulski, City Manager
Ordinance 1416 — 2°d Reading
Ordinance 1417 — 2nd Reading
MEETING DATE: May 6, 2002
BACKGROUND: In July of 2001, the State Building Codes Division was transferred
Prom 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
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 public comments have been received in the Building Department.
RECOMMENDATION: The City Council approve Ordinance 1.416 and Ordinance 1417 on
second reading.
FISCAL IMPACT: None.
ALTERNATIVES:
Respectfully submitted.
Craig Kerzman
Building Official
As suggested by Council
Date prepared: April 30- 2002
Chris A. Kukulski
City Manager
ORDINANCE 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.
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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.
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.
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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.
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
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ATTEST:
Theresa White
City Clerk
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