Should the Commissioners Adopt A Code Enforcement Program for Missoula County?

1. Should the Commissioners Adopt A Code Enforcement Program for Missoula County?

2. PURPOSES OF A CODE ENFORCEMENT PROGRAM: • To provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use/occupancy, location and maintenance of all buildings and structures and certain equipment.

3. Purposes… • In Montana there is a further goal that building codes be uniform statewide in order to reduce construction costs and special interest requirements that increase the cost of construction without adding safety.

4. Purposes… • An indirect benefit is to increase the consistency of what is required of construction so that there is a level playing field for those bidding work, and • Building owners have more of a chance to evaluate bids when all bidders are meeting the same requirements for materials and safety requirements.

5. Applicable Statutes: • Title 50, Chapter 60, Part 3 deals with municipal and county building codes. • HB 640, passed in the 58th Legislative Session, changed the rules of the game.

6. STATUTES… • Sec. 50-60-301(as amended) provides: • The City’s extra-territorial code enforcement jurisdiction is terminated. • The Commissioners may adopt building codes but they must to apply to the entire County. • Only codes adopted by the Department of Labor & Industry may be adopted.

7. Options for the County to consider: Option 1: Do Nothing. • Leave things as they are – maintain the status quo. • State Building, Mechanical, Plumbing and Electrical Codes would continue to be enforced outside of the City limits by the State Department of Labor and Industry.

8. Option 2: • Adopt a Code Enforcement program that mirrors the State’s program. • The Building and Mechanical Codes wouldnot apply to: • Residential buildings containing less than five dwelling units or their attached to structures; • Any farm or ranch buildings; or • Any private garage or private storage structure used for the owner’s own use.

9. Option 2… • Under this scenario the Building and Mechanical Codes would apply to: • Residential buildings containing more than five dwelling units and their attached to structures; • Commercial Buildings; hotels and motels; schools, and assembly buildings such as churches and theaters.

10. Option 2… • Under this scenario the Plumbing Code wouldnot apply to: • Installations in mines, mills, smelters, refineries, public utilities, railroads, or on farms with their own individual water supply or sewage disposal system; • Owner of a single family residence used exclusively for the owner’s personal use and plumbed by the owner; and • Numerous other exemptions.

11. Option 2… • Under this scenario the Plumbing Code would apply to: • Residential buildings, single family and larger not plumbed by the owner; • All commercial buildings unless specifically exempted; • Schools, assembly buildings, manufactured buildings; and government buildings.

12. Option 2… • Under this scenario the Electrical Code wouldnot apply to: • Communications equipment and traffic signals, street lighting, and other electrical traffic control devices; • Electrical installations at a petroleum facility; mines and mine buildings; low voltage electrical signal, communications equipments and optical fiber cable; and • Various other exemptions.

13. Option 2… • Under this scenario the Electrical Code would apply to: • All residential, and farm and ranch buildings; • Irrigations systems; • Commercial buildings, schools, churches, assembly buildings; and • Any other installations of electrical systems for such things as outdoor lighting.

14. Option 3: • Adopt a Code Enforcement program that mirrors the City’s program. • This option provides for a comprehensive Code Enforcement Program.

15. Option 4: • Adopt a Code Enforcement program that lies somewhere in between the State and City’s Code Enforcement programs. • The Countymight consideradopting Building and Mechanical Codes that apply to all residential structures except single family residences, e.g. duplexes, triplexes, and/or four-plexes.

16. Option 4… • The County might consider adopting Plumbing Codes that include some activities exempted in the State program, such as: • Single family residences and manufactured housing; • Farm or ranch buildings not on public water and sewage disposal systems; • Various other activities and structures.

17. Summary of Options: • The County could do the following: • Nothing. • Adopt a Code Enforcement program that mirrors the State’s program. • Adopt a Code Enforcement program that mirrors the City’s program. • Adopt a Code Enforcement program that lies somewhere in between the State and City’s Code Enforcement programs.

18. Administrative Options: • If the County adopts a Code Enforcement Program, the following administrative options would be considered: • Create a new division within the County, probably within the Department of Public Works. • Contract with the City of Missoula. • Contract with other local government entities within the county, e.g. fire districts. • Contract with a private sector entity. • Any combination of the above.

19. Next Steps: • Continue these discussion in areas throughout the county: • Seeley/Condon Communities; • Bonner/Clinton Communities; • Lolo Area Communities; • Frenchtown Area Communities; • The larger Missoula Community.

20. Next Steps… • Then: Discontinue this discussion or: • Develop a program per the direction of the Board of County Commissioners which would include: • A Code Enforcement Program; • An administrative structure, • A fee structure; and • An appeals process.

21. Next Steps… • Hold Public Hearings on the proposed program. • Seek program certification from the Department of Labor and Industry if a program is adopted. • Implement a Missoula County Code Enforcement Program.

22. So, what do you think?