| To: |
Rachel Harlow-Schalk, City Manager |
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| From: |
Sharon Haugen, Community Development Director
Kimberley Mack, Chief Building Official
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| Subject: |
Consider final passage of ordinance No. 3283 adopting by reference the State adopted Swimming Pool and Spa Code by amending Chapter 2 of Title 3, of the Helena City Code. |
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Present Situation:
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On September 19, 2020, the City of Helena Commission voted unanimously to approve first passage of an ordinance to adopt the latest editions of the International Swimming Pool and Spa Code and related State mandated amendments by amending Chapter 2 of Title 3, of the Helena City Code. A public hearing is scheduled for November 9, 2020 to consider public comment and final passage.
Currently, the Building Division for the City of Helena is enforcing the 2018 editions of the IBC, IRC, IEBC, IMC, IFGC, UPC and the 2017 NEC by the adoption of Ordinance 3280. 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.
As part of the State’s adoption of the 2018 Codes, the International Swimming Pool and Spa Code (ISPSC) was also adopted. In the previous code adoption cycles, the adoption of the ISPSC was optional for the certified jurisdictions. In this adoption cycle, the State has made it mandatory as per ARM 24.301.175(2) stating the certified jurisdictions who have adopted the 2018 International Building Code, must adopt 2018 International Swimming Pool and Spa Code.
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. As this was a change from previous adoptions, we overlooked that it was mandatory to adopt this code. 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 and copies of the ordinance must be sent to the State informing them of the final adoption.
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.
Chapters 7 – 10, inclusive, of the 2018 ISPSC are deleted in their entirety by the State and as such, the City will not enforce these Chapters. These chapters regulate the installation of swimming pools and spas in residential households.
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Background Information:
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The purpose of the proposal is to present the above code, as amended through the State of Montana and adopt by reference the amendments, to the City Commission for final passage and to hear public comment on the proposed code. |
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Proposal/Objective:
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The purpose of the proposal is to present the above code, as amended through the State of Montana and adopt by reference the amendments, to the City Commission for final passage and to hear public comment on the proposed code. |
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Advantage:
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Final passage and adoption by the Commission sets the course for the City Building Division to comply with the State’s directive to adopt the new edition of the International Swimming Pool and Spa Code. This keeps the City’s certified enforcement program in good standing. This new code will establish the minimum standards to provide a reasonable level of safety and protection of health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials and location of public swimming pools, spas, and aquatic recreation facilities. |
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Notable Energy Impact:
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N/A |
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Disadvantage:
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The 2018 International Swimming Pool and Spa Code (ISPSC) being considered for adoption by the City will be cooperatively enforced by the City, Lewis and Clark County Public Health Department and DPHHS. Having multiple agencies enforcing the same code may lead to multiple interpretations of provisions and confusion for the applicant making it imperative that these organizations work together when enforcing this code. |
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Notice of Public Hearing:
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Attached
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