Sharon Haugen, Community Development Director

Kimberley Mack, Chief Building Official

Currently, the building construction related codes and related State mandated amendments are in several chapters within Title 3 of the Helena City Code. Each chapter is representative of separate ordinances related to the adoption of building construction related codes.

Currently, the Building Division for the city of Helena is enforcing the 2012 editions of the IBC, IRC, IEBC, IMC, IFGC, UPC and the 2014 NEC. Effective December 7, 2019 the state of Montana Building Codes Program adopted new Administrative Rules of Montana (ARM) implementing the use of the above codes and mandating their adoption. 

ARM 24.301.202 requires the code adoption by certified local jurisdictions be the same as those adopted by the State and they have 90 days from December 4, 2019 to adopt this version of the codes. The codes as adopted by the State may not be altered and must be adopted by certified jurisdictions in the same editions with the same amendments as adopted by the State. Once the City has adopted the above codes, notification must be sent to the state informing them of the adoption and copies of the ordinances are to be sent to them.

MCA 7-5-108 requires when an ordinance is proposed for adoption that incorporates by reference the provisions of any code or amendments, the codes and amendments shall be available for public inspection and examination a minimum of 30 days prior to final adoption in the City Clerk’s office.

The State deleted Section 116 – Unsafe Structures and Equipment in its entirety when they adopted the current edition of the IBC. This decision was based on an Attorney General’s opinion and provision in Title 50, Chapter 60 MCA, that states the building and construction standards do not apply to existing building and equipment that become unsafe.  The International Fire Code (IFC) has a comparable section, Section 111 – Unsafe Building, that does provide for the regulations of buildings or structures that have become unsafe. The enforcement of this section will begin with the Fire Department.

The purpose of the proposal is to present the above series of codes, as amended through the state of Montana, to the City Commission for first passage and set a hearing for February 24, 2020. City staff is recommending the proposed consolidation of all the building construction related codes into a single chapter and adopting by reference the amendments to the above stated codes required by the state.  

The State of Montana has chosen not to adopt the 2018 International Energy Conservation Code (IECC) at this time to provide further discussion through public listening sessions throughout the state. We will bring the adoption of the 2018 IECC to the Commission at a later date.

The 2018 International Fire Code (IFC) is not being adopted at this time.  The State’s adoption of the IFC is through the State Fire Marshal’s Office.  That process has not been completed and will put forward to the Commission by the Fire Department at a later date.

The 2018 International Wildland-Urban Interface Code (IWUIC) is not being considered for adoption at this time. The city of Helena is engaging stakeholders and will bring forth a recommendation regarding the adoption of the WUI at a future date.

The 2018 International Swimming Pool and Spa Code (ISPSC) is not being considered for adoption by the City as it is currently being enforced by the Lewis and Clark County Public Health Department and DPHHS, along with several other pool codes. Having multiple agencies enforcing the same code may lead to multiple interpretations of provisions and confusion for the applicant.

The purpose of the proposal is to present the above series of codes, as amended through the state of Montana, to the City Commission for first passage and set a hearing for February 24, 2020. City staff is recommending the proposed consolidation of all the building construction related codes into a single chapter and adopting by reference the amendments to the above stated codes required by the state.  

The State of Montana has chosen not to adopt the 2018 International Energy Conservation Code (IECC) at this time to provide further discussion through public listening sessions throughout the state. We will bring the adoption of the 2018 IECC to the Commission at a later date.

The 2018 International Fire Code (IFC) is not being adopted at this time.  The State’s adoption of the IFC is through the State Fire Marshal’s Office.  That process has not been completed and will put forward to the Commission by the Fire Department at a later date.

The 2018 International Wildland-Urban Interface Code (IWUIC) is not being considered for adoption at this time. The city of Helena is engaging stakeholders and will bring forth a recommendation regarding the adoption of the WUI at a future date.

The 2018 International Swimming Pool and Spa Code (ISPSC) is not being considered for adoption by the City as it is currently being enforced by the Lewis and Clark County Public Health Department and DPHHS, along with several other pool codes. Having multiple agencies enforcing the same code may lead to multiple interpretations of provisions and confusion for the applicant.

First passage by the Commission sets the course for the City Building Division to comply with the state’s directive to adopt the new code editions. This keeps the city’s certified enforcement program in good standing. Updating to the new code editions provides builders and the public with the opportunity to make use of the newest technologies and materials that are authorized in the codes to provide for good sound, safe and efficient buildings.  The new appendices for the regulation of tiny homes and strawbale construction will allow for additional options in construction and in housing types.

None identified with proposed adoption. The state of Montana Building Codes Program has chosen not to adopt the 2018 International Energy Conservation Code (IECC) at this time to provide further discussion through public listening sessions throughout the state. We will bring the adoption of the 2018 IECC to the Commission at a later date.