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E1. Ordinance 1767 - Second Reading - Amending Swimming Pool Building CodesPLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager 3)Z FROM: Jeff Clawson, Building Official Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: Ordinance 1767 - Second Reading - Adoption of the 2015 International Swimming Pool and Spa Code MEETING DATE: February 16, 2016 City Council Meeting BACKGROUND: The Montana Department of Labor and Industry Building Codes Bureau, has adopted the International Swimming Pool and Spa Code (ISPSC) 2015. Amendments to ARM 24.301.146 and the repeal of ARM 24.301.801 facilitated the adoption and clarified the standards for pool and spa construction so that designers, builders, and owners of such facilities in the state have a clear understanding of the building regulations. The Department of Labor and Industry undertook an exhaustive evaluation of this code adoption, worked with stakeholders to propose the appropriate modifications to the model code, and arrived at a balanced cost/benefit set of safe pool regulations tailored to Montana's unique population density and jurisdictional demographic. The related operational and management practices conducted by the Department of Public Health and Human Services on all pools will continue after the changes are effective. The Department of Labor and Industry requires all local building code enforcement programs, which currently enforce the International Building Code (IBC), to adopt the International Swimming Pool and Spa Code (ISPC) 2015 edition, on or before April 8, 2016. The City of Kalispell, in order to maintain its certification with the State Building Codes Bureau, is required to follow suite locally within 90 days and adopt the 2015 International Swimming Pool and Spa Code. Once adopted in Kalispell the city Building Department will utilize this code for all commercial pool and spa construction within the city. The adoption of this code does not apply to single family residences, townhomes, duplexes, community residential facilities serving eight or fewer persons, or to a day-care home serving 12 or fewer children. RECOMMENDATION: It is recommended that the City Council approve Ordinance # 1767 adopting the 2015 edition of the International Swimming Pool and Spa Code, as adopted and amended by the Building Codes Bureau of the State of Montana. FISCAL EFFECTS: Swimming pool and spa contractors will have to apply for and receive a building permit, of which the cost should not exceed 2% of their contract price. Additional work load to the Building Department will be minimal as Kalispell has had six commercial pool installations in the past 12 years. ALTERNATIVES: Failure to adopt the ordinance would place the Building Department out of compliance with the State Building Codes Bureau, and force the state to de -certify the Kalispell Building Department. ATTACHMENT: Ordinance # 1767 ORDINANCE NO. 1767 AN ORDINANCE TO ADOPT, BY REFERENCE, THE INTERNATIONAL CODE COUNCIL'S INTERNATIONAL SWIMMING POOL AND SPA CODE (ISPSC) 2015 EDITION, 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, AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME 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 City of Kalispell has the personnel, expertise and desire to administer the International Swimming Pool and Spa Code 2015 Edition, as amended by the Administrative Rules of Montana, that is currently being administered within the City's territorial jurisdiction by the State of Montana; and WHEREAS, the state Building Codes Bureau has approved the 2015 Edition of the International Code Councils Swimming Pool and Spa Code, and requires local governments that choose to administer the ISPSC to adopt the 2015 Edition of the code. 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 Swimming Pool and Spa Code (ISPSC) 2015 Edition, as amended by the Administrative Rules of Montana, except for the penalty portions thereof and except for the fee schedule which shall be established by the resolution of the City. 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. These codes are applicable to all commercial buildings within the building code enforcement area of the City of Kalispell, as specified in 76-2-412, MCA the ISPSC provisions which are not applicable to a residential single family dwelling, townhomes, duplexes, or a community residential facility serving eight or fewer persons, or to a day-care home serving 12 or fewer children. SECTION 3. It shall be a criminal misdemeanor 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 Municipal Code. Paget of 2 SECTION 4. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 5. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 16TH DAY OF FEBRUARY, 2016. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk Page 2 of 2