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Ordinance 1767 - Adopts International Swimming Pool and Spa CodeORDINANCE 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. Page 1 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. ATTEST: Aim&e Brunckhorst, CMC City Clerk 't r 0 4fotAl P� Mark Johnson Mayor Page 2 of 2