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4. Ordinance 1221 - Amend Building Codes and Add Electrical Code - 1st Reading0 0 1 • AN ORDINANCE TO ADOPT, BY REFERENCE, THE "UNIFORM BUILDING CODE", 1991 EDITION, THE "UNIFORM MECHANICAL CODE", 1991 EDITION, THE "UNIFORM PLUMBING CODE", 1991 EDITION, THE "UNIFORM FIRE CODE", 1991 EDITION, THE "COUNCIL OF AMERICAN BUILDING OFFICIALS, ONE & TWO FAMILY DWELLING CODE", 1989 EDITION, WITH 1990 AND 1991 AMENDMENTS; THE "UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS", 1991 EDITION; THE "UNIFORM HOUSING CODE", 1991 EDITION; THE NATIONAL ELECTRICAL CODE, 1993 EDITION; AND THE "MODEL ENERGY CODE", 1989 EDITION, WITH AMENDMENTS; AS THE BUILDING CODES OF THE CITY OF KALISPELL, AND APPLICABLE TO THE JURISDICTIONAL AREA THEREOF; AS ADOPTED AND APPROVED BY THE BUILDING CODES BUREAU, DEPARTMENT OF COMMERCE, 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, the "Uniform Building Code", 1991 edition, ISSN No. 0896-9655, by the International Conference of Building Officials; said code is adopted in its entirety and Appendices Chapter 7 (Aviation Control Towers), Chapter 10 (Detention and Correctional Facilities), Chapter 11, (Agricultural Buildings), Chapter 12 (Requirements for Group R, Division 3 Occupancies), Chapter 23 (Divisions I, III and IV), Appendix Chapter 24 (Prescriptive Masonry Construction in High Wind Areas, Appendix Chapter 25 (Conventional Light -Frame in High Wind Areas), Appendix Chapter 29, Waterproofing and Damp Proofing Foundations), and Appendix Chapter (Division II - Accessibility for Existing Building), Chapter 32 (re -roofing), Chapter 49 (Patio Covers), Chapter 53 (Energy Conservation in New Building Construction), as amended by ARM 8-70-104, and Chapter 55 (Membrane Structures); except for: A) The penalty portions thereof. B) Section 5.04 which is amended by adding subsection (d) which reads as follows: (d) Openings for the purpose of interconnecting buildings of separate ownership in the Downtown Redevelopment area may occur, however, provided that they shall be protected as required in Section 505 (f)--Area Separation Walls. The protection may be provided by any labeled fire door assembly of proper rating, provided that; 1. The door shall be self -closing activated by smoke and heat as required by Section 4306. 1 2. No openings shall be made in existing walls before the fire doors are on site and the instal- lation of the doors shall be performed immediately after the opening is made. 3. Integrity of exiting. Each building shall have exits as required by the Uniform Building Code and the openings between buildings shall not serve as a required exit. SECTION II. There is hereby adopted by reference, the "Uniform Mechanical Code", 1991 Edition, ISSN No. 0896-9671, by the International Conference of Building Officials, as adopted and approved by the Building Codes Bureau, Department of Commerce, State of Montana; said code is adopted in its entirety; with Appendix B, Chapter 21, Pages 317- 336 entitled, "Steam and Hot -Water Boilers", "Steam and Hot -Water Piping (Hydronics)"; and as amended by ARM 8.70.105(d); except for: 1) The penalty portions thereof. The fee schedule adopted by the Department of Commerce, Building Codes Bureau, State of Montana is hereby adopted by the City of Kalispell. SECTION III. There is hereby adopted, by reference, the "Uniform Plumbing Code", 1991 Edition, Library of Congress Catalog No. 78-73977, by the International Conference of Building Officials in its entirety, and "Minimum Required Plumbing Fixture" Table of Section 8.70.303, ARM, by adopting use of Appendix Chapter C of the UPC for hospitals and nursing homes, except for: 1) The penalty portions thereof. 2) The material exceptions as shown in section 8.70.302 (1), ARM. Amendments and changes including the fee schedule adopted by the Department of Commerce, Building Codes Bureau, State of Montana are hereby adopted by the City of Kalispell. SECTION IV. There is hereby adopted, by reference, the "Uniform Fire Code" with Appendices 1-A through VI-E, ISSN No. 0896-9736, by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1991 Edition, in its entirety, except for: 1) Appendix IIE, V-A and VI-C. 2) The penalty portion thereof. SECTION V. There is hereby adopted, by reference, the "Council of American Building Officials, One & Two Family Dwelling Code", 1989 2 Edition, with the 1990 and 1991 Amendments thereto in its entirety except for: 1) The penalty portions thereof. 2) The City does not adopt the plumbing, mechanical, elec- trical or energy conservation portion of the One & Two Family Dwelling Code. SECTION VI. There is hereby adopted, by reference, the "Uniform Code for the Abatement of Dangerous Buildings", 1991 Edition, ISSN No. 0896- 971X, by the International Conference of Building Officials, in its entirety except for: 1) The penalty portions thereof. SECTION VII. There is hereby adopted, by reference, the "Uniform Housing Code", 1991 Edition, ISSN No. 0501-1213, by the International Conference of Building Officials, in its entirety except for: 1) Section 1001 (b), item 9, of the Uniform Housing Code by addition of the sentence: 'At the sole discretion of the building official, minimum room heights in habitable space of less than 7 feet 6 inches may be considered adequate on a case by case basis provided the space has been lawfully used as a residential occupancy". 2) The penalty portion thereof. SECTION VIII. There is hereby adopted, by reference, the "National Electrical Code", 1993 Edition, by the National Fire Protection Assoc., as amended by ARM 8.70.402, in its entirety, except for: 1) The penalty portion thereof. SECTION IX. There is hereby adopted, by reference, the CABO "Model Energy Code", 1992 Edition, with amendments, by the Council of American Building Officials, in its entirety, as amended by ARM 8.70.104 (1)(c), except for: 1) The penalty portions. SECTION X. Said Codes shall be the Building, Plumbing, Mechanical and Fire Codes of the City of Kalispell regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the jurisdictional area of the City of Kalispell. SECTION XI. It is unlawful for any person to knowingly, purposely, willfully, or negligently violate any lawful order issued pursuant to 3 said codes; such a violation is an offense against the City punishable as provided in Section 1-9 of the Kalispell City Code. SECTION XII. This Ordinance is effective thirty days following final approval by the Council and Mayor and the filing with the City Finance Director of the prescribed copies of the Codes hereby adopted by reference. FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AND APPROVED BY THE MAYOR THIS DAY OF 1 1995. ATTEST: Debbie Gifford, CMC Clerk of Council Ell Douglas D. Rauthe, Mayor