B2. Ordinances 1752, 1753 - CodesPLANNING FOR THE FU'TURI,
f H 3-011A00KIT
FROM:
MONTANAL
Doug Russell, City Manager
Jeff Clawson, Building Official
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 755-7940
Fax: (406) 758-7739
www.kalispell.com/121annin2
SUBJECT: Ordinances 1752 and 1753 — Second Reading - 2012 International
Building, Mechanical, Fuel Gas, Fire and Existing Building Codes,
2012 Uniform Plumbing Code and the revised Permit Fee Schedule
MEETING DATE: March 2, 2015
BACKGROUND: This is the second reading of ordinances 1752 and 1753 approving the
adoption of the 2012 International Building, Mechanical, Fire, Energy Fuel Gas and Existing
Building Codes, and the 2012 Uniform Plumbing Code, along with the associated fee schedules.
The City of Kalispell, in order to maintain its certification with the State Building Codes Bureau, is
required to adopt the 2012 codes within 90 days of state adoption. Once adopted in Kalispell, the
Kalispell Building Department will utilize these codes for commercial and residential construction
within the city.
The city council, at their meeting on February 17, 2015, approved Ordinances 1752 & 1753.
RECOMMENDATION: It is recommended that City Council approve the second reading of
Ordinances 1752 and 1753 adopting the 2012 International Building, Mechanical, Fire, Energy,
Fuel Gas and Existing Building Codes, and the 2012 Uniform. Plumbing Code, along with the
associated fee schedules.
FISCAL EFFECTS: Approval of the request will have positive fiscal impacts to the city.
ALTERNATIVES: Deny the request.
Respectfully submitted,
JeflrffXwson
Building Official
Report compiled: February 24, 2015
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1752
AN ORDINANCE TO AMEND ORDINANCE NO.16S2 BY ADOPTING, BY REFERENCE,
THE AMENDMENTS TO THE ADMINISTRATIVE RULES OF MONTANA [ARM] AT
24.301.1315 24.301.1399 24.301.1469 249301.1549 24.301.1619 24.301.1719 24.301.1725 24.301.1735
AND 24.301.401, AS THEY MAY PERTAIN TO THOSE PORTIONS OF THE
"INTERNATIONAL BUILDING CODE (IBC)", 2012 EDITION; THE "INTERNATIONAL
EXISTING BUILDING CODE (IEBC)", 2012 EDITION; THE "INTERNATIONAL
ENERGY CONSERVATION CODE (IECC)" 2012 EDITION; THE "INTERNATIONAL
RESIDENTIAL CODE (IRC)" 2012 EDITION; THE "INTERNATIONAL MECHANICAL
CODE", 2012 EDITION; THE "INTERNATIONAL FUEL GAS CODE", 2012 EDITION;
AND THE "UNIFORM PLUMBING CODE", 2012 EDITION; THE "INTERNATIONAL
CODE COUNCIL ANSI A1.17.1 09" STANDARD 2009 EDITION, AS PREVIOUSLY
ADOPTED BY THE CITY OF KALISPELL IN ORDINANCE NO.16S2 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.
WHEREAS, the City of Kalispell, pursuant to the authority provided to local government by the
State of Montana under 7-5-108, M.C.A., and 7-5-4202, M.C.A. may adopt uniform
technical codes by reference; and
WHEREAS, the Building Codes Bureau, under the Montana State Department of Labor and
Industry permits local governments, such as the City of Kalispell, to administer the
state approved building codes within the territorial jurisdiction of the local
government; and
WHEREAS, the state Building Codes Bureau has approved the 2012 Edition of the building codes
to replace the 2009 Edition and now requires local governments that administer
building codes to adopt the 2012 Edition of the building codes.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION 1. There is hereby adopted by reference, Administrative Rules of the State of Montana;
ARM 24.301.101 through 24.301.905, and specifically the amendments to the ARM at 24.301.131,
24.301.1391 24.3 01.1461 24,301.154, 24.3 01.1619 24.301.1711 24.301.1721 24.301.173, and
24.301.401 as they may pertain to those portions of the building codes previously adopted by the
City and as same ARM may be currently effective.
SECTION 2. There is hereby adopted by reference, the "International Building Code (IBC)", 2012
edition, as amended by the Administrative Rules of Montana, set forth specifically above, except for
the penalty portions thereof and except for the fee schedule, which shall be set by resolution of
coun.ci.l..
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 3. There is hereby adopted by reference, the "International Residential Code (IRC)" 2012
edition, as amended by the Administrative Rules of Montana, set forth specifically above, except for
the penalty portions thereof and except for the fee schedule, which shall be set by resolution of
council..
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 4. There is hereby adopted by reference, the "International Energy Conservation Code
(IEBC)" 2012 edition, as amended by the Administrative Rules of Montana, set forth specifically
above.
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 5. There is hereby adopted, by reference, the "International Existing Building Code",
2012 Edition, as amended by the Administrative Rules of Montana, set forth specifically above,
except for the penalty portions thereof and except for the fee schedule, which shall be set by
resolution of council.
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 6. There is hereby adopted, by reference, the "International Mechanical Code", 2012
Edition, as amended by the Administrative Rules of Montana, set forth specifically above.
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 7. There is hereby adopted, by reference, the "International Fuel Gas Code", 2012
Edition, as amended by the Administrative Rules of Montana, set forth specifically above.
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 S. There is hereby adopted, by reference, the "Uniform Plumbing Code", 2012 Edition,
as amended by the Administrative Rules of Montana, set forth specifically above.
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 9. There i.s hereby adopted, by reference, the "International Code Council ANSI
A117.1 09" Standard 2009 Edition, amended by the Administrative Rules of Montana, set forth
specifically above.
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 10. 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(l (a) MCA.
SECTION 11. 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 12. 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 AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA THIS DAY OF MARCH, 2015.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
ORDINANCE NO. 1753
AN ORDINANCE TO AMEND ORDINANCE NO. 1522 AND ORDINANCE NO. 1682
ADOPTING, BY REFERENCE, THE "INTERNATIONAL FIRE CODE" AND THE
APPENDICES, 201.2 EDITION (IFC), WITH THE ADDITIONS, AMENDMENTS, AND
DELETIONS TO KALISPELL MUNICIPAL CODE CHAPTER 10 AS ENUMERATED
AND SET FORTH ON EXHIBIT "A", AS THE FIRE CODES OF THE CITY OF
KALISPELL, AND APPLICABLE WITHIN THE CORPORATE BOUNDARIES OF THE
CITY, TO PROVIDE A PENALTY FOR THE VIOLATION OF ANY LAWFUL ORDER
ISSUED PURSUANT THERETO AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell, pursuant to the authority provided to local government by the
State of Montana under 7-5-108, M.C.A., and 7-5-4202, M.C.A. may adopt uniform
technical codes by reference; and
WHEREAS, the Building Codes Bureau, under the Montana State Department of Labor and
Industry permits local governments, such as the City of Kalispell, to administer the
state approved fire codes within the territorial jurisdiction of the local government;
and
WHEREAS, the state Building Codes Bureau has approved the 2012 Edition of the International
Fire Code (IFC) to replace the 2006 Edition and now requires local governments that
administer IFC to adopt the 2012 Edition of the IFC.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION 1. There is hereby adopted, by reference, the "International Fire Code" 2012 edition
(IFC) and the appendices.
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 2. Said Code shall apply to all buildings within the corporate limits of the City of
Kalispell.
SECTION 3. Chapter 10 of the Kalispell Municipal Code shall be amended as set forth in Exhibit
"A" attached hereto and incorporated fully herein by this reference.
SECTION 4. 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 5. 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 AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA THIS DAY OF MARCH, 2015.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Chapter 10 FIRE PREVENTION
10-1 INTERNATIONAL FIRE CODE; ADOPTED
Adopted: There is hereby adopted, by reference, the International Fire Code and
Appendices, 2012 edition (IFC), with the additions, amendments, and deletions
enumerated in this section.
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1. Subsection 903.2.8 Group R, is deleted in its entirety and replaced with the
following:
a. An approved automatic sprinkler system installed in accordance with Section 903.3 shall be
provided in all Group R buildings meeting any of the following criteria:
1. 2-0 9 or more transient guests or 10 or more transient guestrooms,
2. -20 9 or more occupants in other than dwelling units;
3. 4-6 5 or more dwelling units; or
4. more than 2 stories.
b. In lieu of the above required automatic sprinkler system in buildings not more than 3 stories
above the lowest level of exit discharge, each transient guestroom may be provided with a least
one door leading directly to an exterior exit access that leads directly to approved exits.
C. "Transient guest-- for the purpose of this subsection shall. mean and occupant who is primarily
transient in nature, staying at one location for 30 days or less.
d. the requirements for automatic sprinkler systems for R-4 occupancies are found in ARM
I4 'in I >141�
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pv;rzi;ra R,,;ia;,,— „t
2. Subsection 1017.1 Construction, is amended by addition of the following:
a. Upgrading of corridors in existing E occupancies serving an occupant load of 30 or more, may
have walls and ceilings of not less than one- hour fire resistive construction as required by the
International Building code. Existing walls surfaced with wood lathe and plaster in good
condition or 1/2-inch gypsum wallboard or openings with fixed wired glass set in steel frames are
permitted for corridor walls and ceilings and occupancy separations when approved. Doors
opening into such corridors shall be protected by 20-minute fire assemblies or solid wood doors
not less than 1 3/4 inches (45 mm) thick. Where the existing frame will not accommodate the 1
3/4 inch -thick door, a 1 3/8 inch -thick solid bonded wood -core door or equivalent insulated steel
door shall be permitted. Doors shall be self -closing or automatic -closing by smoke detection.
Transoms and openings other than doors from corridors to rooms shall comply with the
International Building Code or shall be covered with a minimum of 3/4 inch plywood or 1/2 inch
gypsum wallboard or equivalent material. on the room. side. Exception.: Existing corridor walls,
ceiling and opening protection not in compliance with the above may be continued when such
buildings are protected with an approved automatic sprinkler system throughout. Such sprinkler
system may be supplied from the domestic water system if it is of adequate volume and pressure.
3. The following appendixes are adopted as part of this code:
a. Appendix BFire-Flow Requirements for Buildings.
b. Appendix C Fire Hydrant Locations and Distribution.
c. Appendix D Fire Apparatus Access Roads.
d. Appendix I Fire Protection Systems- Noncompliant Conditions
10-2: INTERNATIONAL FIRE CODE; MODIFICATIONS TO CODE
The fire code official shall have the power to modify any of the provisions of the fire prevention
code adopted by section 10-1 of this chapter, upon application in writing by the owner or lessee,
or his/her duly authorized agent, when there are practical difficulties in the way of carrying out
the strict letter of the code; provided, that the spirit of the code shall be observed, public safety
secured, and substantial justice done. The particulars of such modification when granted or
allowed and the decision of the fire code official thereon shall be entered upon the records of the
department and a signed copy shall be furnished to the applicant.
10-3: INTERNATIONAL FIRE CODE; APPEALS
Whenever the fire code official shall disapprove an application or refuse to grant a permit applied
for, or when it is claimed that the provisions of the code do not apply or that the true intent and
meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal
the decision of the fire code official to the city council with thirty (30) days from the date of the
decision appealed.
10-3-1: INTERNATIONAL FIRE CODE; INVESTIGATION of COMPLAINTS
OF VIOLATIONS; NOTICE TO COMPLY WITH CODE; FAILURE TO COMPLY
WITH NOTICE
A. Investigation; Notice to Comply: It shall be the duty of the fire code official to investigate
complaints of violations of the fire prevention code received by him/her from any source. Upon
his/her determination that such code is not being complied with by any person, he/she shall
furnish such person with written notice thereof and require compliance therewith within sixty
(60) days of such notice.
B. Penalty: Willful refusal, neglect or failure to comply with the terms, conditions and
requirement of such code after receipt of written notice as hereinabove provided and the
expiration of sixty (60) days shall be an offense as provided for in section 1-9 of this code. Each
day of such noncompliance shall be a separate offense.
1 U-4 : INTERNATIONAL FIRE CODE; PENALTIES
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 this code.
1 U-5: WILLFULLY, CARELESSLY, SPILLING GASOLINE
It shall be unlawful for any person to willfully, negligently or carelessly cause or permit any
gasoline or other flammable or combustible liquid or substance to become spilled or wasted upon
the ground or other surface in such a manner or under such circumstances as to create a fire or
explosion hazard or endanger any persons or property.
1 U-•6: FIRE PREVENTION :DIVISION
A. Created: A division of fire prevention in the ro CiPp ,,�11-L ILI+�,,�,-.* c is hereby established
which shall be operated under the supervision of the chief of the fire department.
B. Chief Designated: The chief of the fire department may designate an officer or member
of the fire department or other qualified individual as chief of the division of fire
prevention, who shall hold this office at the pleasure of the chief of the fire department.
C. Inspectors: The chief of the fire department may 1 designate such other members of the
fire department or qualified individuals as inspectors as shall from time to time be necessary. The
Chief of the fire department shall recommend to the City Manager the employment of
certified technical inspectors, who, are certified through a national testing organization such as
NFPA or ICC. ,
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Appointments made a ev examination shall be for an
indefinite term with removal only for cause.
10-7: BURNING GARBAGE, RUBBISH OR COMBUSTIBLE MATERIALS
A. Paper Products; Incinerator Required: It shall be unlawful to burn papers, paper goods,
cardboard or other combustible matter anywhere in the city except in an incinerator which shall
be so constructed and used as to prevent the spread of fire by an arresting screen or similar
device which prevents the escape of igniting particles or burning matter there from.
B. Rubbish, Garbage Prohibited: It shall be unlawful to burn rubbish or garbage of any kind other
than paper, paper goods, cardboard or other combustible matter anywhere in the city.
10-8: REMOVAL OF FIRE HAZARDS FROM PRIVATE PROPERTY REQUIRED
It shall be the duty of the owner, his representative or contract purchaser, or the occupant of real
property within the city to remove all dry grass, readily combustible rubbish or debris from said
property so that such material shall not constitute a fire hazard. After July 1 of each year all
weeds and grasses over eight inches (8") in height constitute a fire hazard for the purposes of this
section.
10-9: PROCEDURE UPON FAILURE OF PROPERTY OWNER
If the owner, his representative or contract purchaser, or the occupant of any real property in the
city shall, within ten (10) days after having been given written notice to do so by the city fire
chief, fail or refuse to remove there from all dry grasses, or readily combustible rubbish or debris,
or after July 1, remove any grasses or weeds over eight inches (8") in height, the city manager is
hereby authorized to remove such material, weeds or grasses and charge such person with the
cost of such removal and a reasonable administrative charge.
10-10: FIREWORKS; SALE PROHIBITED
It shall be unlawful for any person to possess for sale, sell or offer for sale, at retail, or use within
the city, any fireworks.
10-11: FIREWORKS; DEFINED
The term fireworks shall mean and include any combustible or explosive composition or any
substance or combination of substances or articles prepared for the purpose of producing a
visible or audible effect by combustion, explosion, deflagration or detonation and shall include
sky rockets, Roman candles, daygo bombs, blank cartridges, toy cannons, toy canes, toy guns in
which explosives other than toy caps are used, the type of balloons which require fire underneath
to propel the same, fire crackers, torpedoes, or other fireworks of like construction and any
fireworks containing any explosive or flammable compound or any tablets or other device
containing any explosive substance. Nothing in this Section shall be construed as applying to toy
paper caps containing no more than twenty five hundredths of a grain of explosive composition
per cap, sparklers and to the manufacture, storage, sale or use of signals necessary for the safe
operation of railroads or other classes of public or private transportation, nor applying to the
military forces of the United States or this State, or to peace officers, nor as prohibiting the sale
and use of blank cartridges for ceremonial or theatrical or athletic events.
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