This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) As used in this chapter:

(a) "Department" means the Department of Labor and Industry.

(b) "IBC" means the International Building Code, 2021 edition.

(c) "IMC" means the International Mechanical Code, 2021�edition.

(d) "IFGC" means the International Fuel Gas Code, 2021 edition.

�

(1) The department adopts and incorporates by reference the International Building Code, 2021 edition, unless another edition is specifically stated, together with Appendix Chapter C (Group U - Agricultural Buildings).

(2) The IBC is a nationally recognized model code setting forth minimum standards and requirements for building design, construction, alteration, and repair. The IBC also provides a framework for program administration.

(3) A copy of the IBC may be obtained from the International Code Council at www.ICCsafe.org. 

(a) Appendix Chapter B (Board of Appeals); and

(b) Appendix Chapter H (Signs).

(1) International Building Code Section 109.2, Schedule of Permit Fees, is modified for use by the department with the following additions:

(a) Permit fees. The fee for each building permit is established in Table 109.2.

(b) Plan review fees. When submittal documents are required, a plan review fee must be paid in addition to the building permit fee. The plan review fee is 35 percent of the building permit fee as established in Table 109.2. If only plan review services are provided, the plan review fee for such services shall be 50 percent of the combined plan review and building permit fee.

(c) Add a new paragraph to IBC Section 109.2 to read: "Requested Inspection Fee - $75.00 per hour, with any portions of an hour rounded up to the next full hour. Travel and per diem may be charged as per the state of Montana's existing rates for these items."

(2) Both the building permit fee and the plan review fee must be paid before a building permit will be issued.

(3) The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan review fees is the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems, and any other permanent equipment.

(4) The value or valuation of a building or structure under any of the provisions of the International Building Code will be determined using one of the following methods of determining valuation, listed in their order of priority:

(a) firm bids or contract amounts, if available;

(b) the design professional's preliminary cost estimate, if such estimate is available; or

(c) the cost per square foot method of valuation and the cost per square foot figures for the type of construction and occupancy group listed in the "Building Valuation Data" table of the January/February 2009 edition of "Building Safety Journal " magazine, published by the International Code Council.

(d) For purposes of modifying the building valuation values derived from the square-foot method calculations of (4)(c), the calculated building valuation shall be multiplied by a factor of 0.35 to arrive at a final calculated building valuation. For purposes of modifying firm bids or the design professional's preliminary cost estimate, the provided valuation shall be multiplied by a factor of 0.6 to arrive at a final building valuation.

(e) When in unusual circumstances the valuation calculated by the use of the "Building Valuation Data" table, the design professional's estimated project cost, firm bids, or contract amounts are determined to be unreasonable for the nature of the project, the department reserves the right to base the building permit fee and plan review fee on the best valuation information it has available to it.

(5) For purposes of calculation of fees, the building valuation shall be rounded off to the nearest $1000 and any calculated building and plan review fees shall be rounded off to the nearest $1.

(6) As provided in ARM 24.301.203, local governments certified to enforce the state building code may establish their own permit fees. Local governments may also establish their own method of building valuation.

(7) For projects involving replacement of existing building components, such as roof coverings, siding, and windows, the department may use the requested inspection fee rate in calculating and assessing an appropriate and reasonable fee for projects in which such factors as material costs cause the plan review and building permit fee to exceed the cost of the service the department provides.

(8) A copy of the "Building Valuation Data" table may be obtained free of charge from the Department of Labor and Industry, Building and Commercial Measurements Bureau, P.O. Box 200517, 301 South Park, Helena, MT 59620-0517.

TABLE 109.2

BUILDING PERMIT FEES

TOTAL VALUATION	FEE
$1 to $500	$23.50
$501 to $2000	$23.50 for first $500 plus $3.05 for each additional $100, or fraction thereof, to and including $2000
$2001 to $25,000	$69.25 for the first $2000 plus $14 for each additional $1000, or fraction thereof, to and including $25,000
$25,001 to $50,000	$391.75 for the first $25,000 plus $10.10 for each additional $1000, or fraction thereof, to and including $50,000
$50,001 to $100,000	$643.75 for the first $50,000 plus $7 for each additional $1000, or fraction thereof, to and including $100,000
$100,001 to $500,000	$993.75 for the first $100,000 plus $5.60 for each additional $1000, or fraction thereof, to and including $500,000
$500,001 to $1,000,000	$3,233.75 for the first $500,000 plus $4.75 for each additional $1000, or fraction thereof, to and including $1,000,000
$1,000,001 and up	$5,608.75 for the first $1,000,000 plus $3.15 for each additional $1000, or fraction thereof

Other Inspections and Fees:

1. Inspections outside of normal business hours $75.00 per hour (minimum charge - two hours)

2. Inspections for which no fee is specifically indicated $75.00 per hour (minimum charge - one-half hour)

3. Additional plan review required by changes, additions, or revisions to plans $75.00 per hour (minimum charge - one-half hour)

4. For use of outside consultants for plan checking and inspections, or both Actual costs1

¹ Actual costs include administrative and overhead costs.

(1) In accordance with subsection 109.4 of the International Building Code and pursuant to the requirements of fees being commensurate with costs, the department may assess an investigation fee for any work commenced on a building or structure prior to obtaining the required building permits. The investigation fee will be charged on an hourly rate of $75.00 per hour, for every hour, including portions of an hour spent on investigating the work commenced without the proper building permits. This investigation fee shall be in addition to the regular plan review and building permit fee assessed in ARM 24.301.138(1)(a) and (b).

(1) The following modifications to the International Building Code are applicable only to the department's building code enforcement program. The referenced sections remain without amendment for local government building code enforcement programs.

(2) The department will use 50-60-109 and 50-60-110, MCA, in cases requiring prosecution in lieu of Section 114 of the IBC. When a person fails to submit required plans, obtain a permit, correct plans, or comply with an order of the department, the department, as authorized by 50-60-109, MCA, may bring civil action to enjoin the person from constructing or using the building.

(3) No plumbing, mechanical, or electrical permit will be issued for a building or structure under the jurisdiction of the department, until:

(a) the building permit has been issued;

(b) it has been determined that a building permit is not required; or

(c) special circumstances exist which make issuance of the permit appropriate.

(4) An owner seeking to do work that the owner believes is not subject to a building code requirement shall provide to the department in writing, either electronically or via the U.S. mail, if in the state's jurisdiction, any documentation or information that it may reasonably require so that the department may determine whether the work is subject to the building code requirement. The documentation or information provided may be required to be in the form of an affidavit or affirmation.

(5) Subsection 107.1 of the IBC is amended to read as follows: "Submittal documents consisting of construction documents, statement of special inspections, geotechnical report, and other data shall be submitted electronically or on paper no larger than 11 by 17 inches. The construction documents shall be prepared by a registered design professional as required by specific provisions throughout the International Building Code (IBC) as adopted by the department in ARM 24.301.131. The department is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with the IBC as adopted by the department."

(6) Subsection 111.1 of the IBC is amended with the addition of the following: "On a case-by-case basis, the building official or his agent may grant the owner permission to occupy and use a building or portions thereof prior to completion of the project when the building official or his agent finds the building or structure to be in substantial compliance with the intent of the International Building Code."

(7) Subsection 111.2 of the IBC is amended to read:

(a) "111.2 Certificate issued. If the building official or the building official's agent makes all the inspections of a building or structure required by Section 110, and finds it was constructed in accordance with the provisions of the state building code, the building official shall issue a certificate of occupancy, as referenced in 50-60-107, MCA, which shall contain the following:

(i) the building permit number;

(ii) the address of the building;

(iii) the name and address of the owner;

(iv) a description of that portion of the building for which the certificate is issued;

(v) a statement that the described portion of the building has been inspected and complies with the state building code for the group and division of occupancy and the use for which the proposed occupancy is classified;

(vi) the name of the building official;

(vii) the section of the code under which the permit was issued;

(viii) the use and occupancy, in accordance with the provisions of Chapter 3;

(ix) the type of construction as defined in Chapter 6;

(x) the design occupant load;

(xi) if an automatic sprinkler system is provided, whether the sprinkler system is required; and

(xii) any special stipulations and conditions of the building permit."

(b) The department will issue certificates of occupancy only when all of the inspections applicable to construction projects have been performed and, based on those inspections, the department reasonably believes the construction has occurred in compliance with applicable state laws and administrative rules.

(i) Where inspections have been performed on various aspects of the same construction project by a combination of state, city, or county inspectors, the department will issue certificates of occupancy based upon written representations from the city or county inspectors that the portions of projects which they inspected caused them to believe those portions of the projects were constructed in compliance with the applicable codes.

(ii) Where certificates of occupancy are sought from certified city or county building code enforcement programs, but those programs' officials must rely on the department to complete a portion of the requisite inspections, the department inspectors will provide written representations, as described above, to city or county officials concerning those portions of the projects they inspected.

(c) "Formal Written Approval: In situations where the department was unable to perform the required inspections referenced in Section 110 of the IBC, but no significant deficiencies from the state building code have been noted, the department may issue a letter of formal written approval in lieu of a certificate of occupancy."

(8) The department will use the applicable provisions of the Montana Administrative Procedure Act in all cases of appeal in lieu of Section 113 of the IBC.

(9) Subsection 1809.5 of the IBC requires that footings and foundations shall extend below the frost line. In all areas of the state outside of certified local government jurisdictions, the minimum depth from finished grade to the bottom of footings shall be three feet for single story wood or metal frame buildings, and four feet for multistory or masonry buildings. Buildings located on highly expansive or unstable soils may need engineered footings and foundation walls that extend below the minimum depths indicated above. At the discretion of the building official, the above minimum depths may not be required for properly designed so-called monolithic slabs for single story storage and similar use buildings. The building official may require monolithic slabs to be designed and stamped or certified by a Montana registered engineer who practices structural design. The design and stamp of a Montana licensed architect may be accepted in lieu of an engineer's stamp when the monolithic slab design is an incidental part of an architectural building design, as allowed by 37-67-103, MCA.

(10) Delete Chapter 32 in its entirety.

(1) The following modifications to the International Building Code are applicable to both the department's building code enforcement program and local government building code enforcement programs.

(2) Subsection 101.4, Referenced Codes, is modified by adding the following: "Any reference to a separate specialty code, by title, either in this subsection or elsewhere in this code, shall be considered deleted and replaced with the title of the model code adopted and in effect at the time, as applicable."

(3) Subsection 101.4.3, Plumbing, is modified by:

(a) Deleting "International Plumbing Code" and replacing with "Uniform Plumbing Code."

(b) Deleting the last sentence: "The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems."

(4) Subsection 101.4.4, Property Maintenance, is deleted in its entirety.

(5) Subsection 101.4.5, Fire Prevention, is modified by deleting "International Fire Code" and replacing with "fire code adopted by the fire authority having jurisdiction."

(6) Subsection 101.4.7 is amended by the addition of the following sentence: "ARM 24.301.171 allows the provisions of either the International Building Code or the International Existing Building Code to be used for the remodel, repair, alteration, change of occupancy, addition, and relocation of an existing building."

(7) Subsection 105.1.1 is deleted and replaced with the following: "At the discretion of the building official, a single annual permit may be issued for multiple buildings owned by a single entity, located in a single geographic location, which require similar and repetitive repair, restoration, and maintenance work."

(8) Subsection 107.2.8 is amended to delete "Section 3112" and replace it with "Section 3113."

(9) Subsection 107.3.1 is deleted and replaced with the following sentence: "When the building official issues the permit where plans are required, the building official shall approve the construction documents, with corrections as required, or with adequate written resolution of deficiencies noted in plan review comments."

(10) Section 116, Unsafe Structures and Equipment, is deleted in its entirety.

(11) The following modifications apply to riding arenas:

(a) Subsection 312.1 is amended by addition of the following paragraph: "Riding arenas limited to occupant loads of 200 or less and used for boarding, breeding, and training of horses, horse shows and competitions, clinics and rider instruction, and open riding are considered agricultural buildings subject to the provisions of Appendix Chapter C, as amended. Uses such as rodeos, barn dances, craft and other nonlivestock shows, conventions, and similar events which result in large numbers of spectators or occupants are not allowed in riding arenas classified as agricultural buildings."

(b) Appendix Chapter C, Subsection C101.1 is amended by addition of: "9. Riding arenas as defined in amended Subsection 312.1."

(c) Appendix Chapter C, Subsection C104.1 is amended by addition of the following sentences to Exception 2: "The portion of riding arena buildings where riding will occur or where spectators may be present or seating is provided shall be provided with a minimum of four exits directly to the outside, with the exits located in a manner acceptable to the department that enhances exit from spectator areas. Exits from this portion of the building shall not be provided with a latch or lock unless it is panic hardware."

(d) Appendix Chapter C, Subsection C104.1 is amended by addition of Exception 3: "Exit doors for riding arenas shall not be less than 3 feet wide by 6 feet 8 inches high."

(12) Subsection 903.2.1.7, Multiple Fire Areas, is deleted in its entirety.

(13) In new or existing structures, the building official may allow the installation of noncode compliant equipment, facilities, or structural elements including but not limited to fire-extinguishing (sprinkler) systems or fire-resistive construction, which are not required by the building code, upon the finding that such installation does not negatively impact the overall compliance of the structure with the building code. Subsection 901.2, Fire Protection Systems, is modified by deleting the exception and replacing with the following: "Any fire protection system or portion thereof not required by this code shall be permitted to be installed for partial or complete protection at the discretion of the building official."

(14) Subsection 903.3.5, Inadequate Water Supply, is amended by addition of the following: "This subsection shall apply to buildings which are required by the International Building Code to be provided with an automatic fire extinguishing system and do not have access to an existing multiple user water supply system, such as a municipal water supply system or a private community water supply system, capable of providing the water supply requirements of National Fire Protection Association Standard for the Installation of Sprinkler Systems, 2019 edition (NFPA 13). Under such circumstances, water storage requirements may be modified by the building official. The modified design shall include sufficient storage onsite to operate the hydraulically remote area for the response time of the local fire department. Response time is the time from alarm to the time the fire department can apply water to the fire. Response time shall be established by the use of the formula T = 6.5 minutes (mobilization time) + 1.7 minutes/mile D (travel time), where T is response time, in minutes, and D is distance, in miles, from the fire station to the building. The modified water supply shall be sufficient to operate the system for the response time calculated above but not be less than 20 minutes. Water supply requirements shall be established by using the area/density method as defined in NFPA 13. A reduction in water storage of up to 50 percent, but not less than that required for a 20-minute supply is allowed. All automatic fire sprinkler system designs and components shall be in compliance with NFPA 13. When a modified water storage is allowed, the automatic fire sprinkler system must be equipped with a flow alarm, digital alarm communicator transmitter, and a fire department connection. The automatic fire sprinkler system shall be monitored by an approved central station in accordance with NFPA 72, National Fire Alarm Code, 2019 edition."

(15) The following modifications apply to IBC Group A-3 occupancies, and IBC Group A-4 occupancies:

(a) Buildings with a fire area less than 6,000 square feet without feasible access to a municipal water supply shall be permitted to be constructed without a fire sprinkler system, provided the following conditions are met:

(i) buildings are not more than one story above grade plane;

(ii) the occupant load factor of '5 net' shall be used to calculated egress requirements in accordance with IBC chapter 10;

(iii) at least 50 percent of the number and minimum width or required capacity of the exits shall discharge directly to the exterior of the building;

(iv) the maximum common path of egress travel distance shall not exceed 75 feet;

(v) local fire department response time is less than 20 minutes; and

(vi) a fire alarm system is installed in accordance with NFPA 72.

(b) The building official may waive, in the building official's discretion, one of the required conditions in (a) if the exterior of the building is constructed of noncombustible materials.

(16) The standards for fire-extinguishing systems and standpipe systems referenced in Chapter 9 of the International Building Code shall be the following unamended National Fire Protection Association (NFPA) Standards:

(a) Fire-extinguishing system.

(i) Installation of Sprinkler Systems: NFPA 13 Standard for the Installation of Sprinkler Systems, 2019 edition.

(ii) Installation of Sprinkler Systems in Group R Occupancies Four Stories or Less: NFPA 13R Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, 2019  edition.

(b) Standpipe Systems: NFPA 14 Standard for the Installation of Standpipe and Hose Systems, 2019 edition.

(c) Notwithstanding any other provisions or references to the contrary within the NFPA standards or fire code as referenced in (5), the authority having jurisdiction over any fire protection system required by the International Building Code shall be the building official. The building official may delegate this authority to governmental fire agencies organized under Title 7, chapter 33, MCA, that are approved by the Department of Justice, Fire Prevention and Investigation Section, to adopt and enforce a fire code in their fire service area.

(17) Delete Subsection 903.2.8 and replace with the following:

"1. An approved automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all Group R buildings meeting any of the following criteria:

"a. 9 or more transient guests or 5 or more transient guestrooms in R-1 or R-2 occupancies;

"b. 9 or more occupants in other than dwelling units;

"c. 5 or more dwelling units; or

"d. more than 2 stories in other than dwelling units.

"2. In lieu of the above required automatic sprinkler system in buildings not more than three stories above the lowest level of exit discharge, each transient guestroom may be provided with at least one door leading directly to an exterior exit access that leads directly to approved exits.

"3. "Transient guest" for the purpose of this subsection shall mean an occupant who is primarily transient in nature, staying at one location for 30 days or less."

"4. "The requirements for automatic sprinkler systems for R-4 occupancies are found in ARM 24.301.146."

(18)  Subsection 903.2.4.2 is amended to include: "Exception: An automatic sprinkler system is not required where a Group F1 fire area used for the manufacture of distilled spirits is not more than one story above grade plane, and not exceeding 2,500 square feet."

(19)  Subsection 903.2.9.3 is amended to include: "Exception: An automatic sprinkler system is not required where a Group S1 fire area used for the bulk storage of distilled spirits or wine is not more than one story above grade plane, and not exceeding 2,500 square feet."

(20) Subsection 1020.1 is amended by addition of the following: "Upgrading of corridors in existing E occupancies serving an occupant load of 30 or more, may have walls and ceilings of not less than one-hour fire-resistive construction as required by this code. Existing walls surfaced with wood lathe and plaster in good condition or 1/2-inch gypsum wallboard or openings with fixed wired glass set in steel frames are permitted for corridor walls and ceilings and occupancy separations when approved. Doors opening into such corridors shall be protected by 20-minute fire assemblies or solid wood doors not less than 1 3/4 inches (45 mm) thick. Where the existing frame will not accommodate the 1 3/4-inch-thick door, a 1 3/8-inch-thick solid bonded wood-core door or equivalent insulated steel door shall be permitted. Doors shall be self-closing or automatic closing by smoke detection. Transoms and openings other than doors from corridors to rooms shall comply with this code or shall be covered with a minimum of 3/4-inch plywood or 1/2-inch gypsum wallboard or equivalent material on the room side. Exception: Existing corridor walls, ceilings, and opening protection not in compliance with the above may be continued when such buildings are protected with an approved automatic sprinkler system throughout. Such sprinkler system may be supplied from the domestic water system if it is of adequate volume and pressure."

(21) For "R" occupancies that are exempt from the requirements of a fire sprinkler system, pursuant to ARM 24.301.146(16), Table 1020.1, referenced in subsection 1020.1, shall be amended in regard to "R" occupancies by the deletion of the language "Greater than 10" and insertion of the language "Greater than 8" under the heading "Occupant Load Serviced By Corridor."

(22) Subsection 1030.1 is amended as follows: "General. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be required in all sleeping rooms in Group R occupancies located in buildings that do not have an automatic sprinkler system and in the following occupancies:"

(23) Subsection 1608.2 is deleted and replaced with the following: "Snow loads shall be determined by the building official. In areas of the state outside of certified city, county, and town jurisdictions, the design snow load shall be based on the ground snow loads developed in "Snow Loads for Structural Design in Montana", Civil Engineering Department, Montana State University, 2004 Revised Edition. The minimum design roof snow load after allowed reductions shall be 30 psf unless justified by a Montana licensed design professional to the satisfaction of the building official. Coefficients and factors other than those specified in the building code may be used when justified by a Montana licensed design professional to the satisfaction of the building official."

(24) Subsection 2902.1, Minimum Number of Fixtures, is modified by deleting and replacing with the following: "Plumbing fixtures shall be provided as established in ARM 24.301.351."

(25) Table 2902.1, MINIMUM NUMBER OF PLUMBING FIXTURES, is modified by deleting and replacing with ARM 24.301.351.

(26) Subsection 2902.3, Required Public Toilet Facilities, is deleted and replaced with "Required public toilet facilities shall be provided in accordance with the Uniform Plumbing Code 2021 Subsection 422.4."

(27) Subsection 3001.2, Emergency elevator communication equipment systems for the deaf, hard of hearing, and speech impaired, is amended as follows: "Emergency elevator communication systems for the deaf, hard of hearing and speech impaired. An emergency two-way communication system shall be provided in accordance with the provisions of ASME A17.1/CSA B44 and NFPA 72."

(28) Delete Section 3107 in its entirety.

(29) Delete Section 3109 in its entirety and replace with the International Swimming Pool and Spa Code, 2021 edition as adopted in ARM 24.301.175.

(30) Delete Chapter 33 in its entirety.

(31) Community residential facilities are subject to this rule as follows:

(a) As specified in 76-2-412, MCA, building codes which are not applicable to residential occupancies may not be applied to a community residential facility serving eight or fewer persons or to a day care home serving 12 or fewer children.

(b) A community residential facility as defined in 76-2-411, MCA, includes an assisted living facility licensed under 50-5-227, MCA. Residential building codes are applicable to assisted living facilities with eight or fewer persons and a building permit will not be required by the department. Within the jurisdictional area of a local government that is certified to enforce the International Residential Code for single family dwellings, residential building codes shall be applied to assisted living facilities with eight or fewer persons.

(c) A licensed adult foster care home, as defined in 50-5-101, MCA, which by definition is limited to four or fewer residents, is the equivalent to a licensed adult foster family care home referenced in 76-2-411, MCA, and is therefore a community residential facility. Within the jurisdictional area of a local government that is certified to enforce building codes for single family dwellings, a licensed adult foster care home will be classified as a Group R, Division 3 structure for building permit and construction standard purposes. Within the state's jurisdictional area a licensed adult foster care home will be treated as a residential building exempt from the state building code as provided in 50-60-102, MCA.

(32) The building official may waive minor building code violations that do not constitute an imminent threat to property or to the health, safety, or welfare of any person.

(33) The building official may accept high quality, essentially defect-free, rough sawn lumber as being equal and an alternative to graded and stamped dimension lumber. The building official may require in-place installations of rough sawn lumber to be inspected and certified by a Montana licensed engineer or inspected and approved by a certified lumber grader.

(34) The building official may accept high quality log construction as being equal and an alternative to graded and stamped dimension lumber. Typically, nine inch or greater nominal diameter log wall construction is considered to be equivalent to one-hour fire-resistive construction provided the minimum dimension is five inches or more.

(35) A private garage is a building or a portion of a building in which only motor vehicles used by the tenants of the building or buildings on the premises are stored or kept. A building in which vehicles are repaired or stored as part of commercial enterprise or business, even if on the premises of a dwelling, is not a private garage.

(36) A private storage structure is a building:

(a) used for storage of personal effects of the owner only;

(b) not used for storage of items relating to any for profit or nonprofit venture which intends or contemplates any transfer or exchange of the stored items; and

(c) not used for storage of equipment, vehicles, materials, supplies, or products used in connection with a business.

(37) Aircraft hangars, even if for private use, are not exempt as private garages or private storage structures unless located on the same parcel of private property or lot as the owner's residence. Aircraft hangars that are used in conjunction with a commercial activity of any kind are not exempt as private garages or private storage structures regardless of location. Aircraft hangars, less than 5000 square feet in size, that are used only for parking of an aircraft and where no repair work or welding is performed, where no fuel is dispensed, and where no other attached portions of the building are occupied and classified as an A, B, R, I, or M, will be classified as utility buildings (Group U).

(38) Upon the effective date of new requirements, administrative rules, and/or adoption of new editions of model codes, any building or project for which a legal building permit has been issued shall not be required to meet the new requirements. If the building or project is subsequently altered or remodeled, the alteration or remodel shall be subject to the applicable requirements in effect at the time of permit issuance for the new work. On a case-by-case basis, the building official shall have the discretion to determine if the process for issuance of a legal permit was substantially complete enough to warrant the exemption of the project or building from the new requirements, rules, or code provisions.

(39) The building official may require an applicant for a building permit to obtain, at the applicant's expense, an independent plan review from a plan review firm or agency acceptable to the building official. The independent plan review shall include, but is not limited to, a structural review for compliance with the requirements of the building code. The building official shall modify the plan review fee for projects which were required to obtain the independent plan review to be commensurate with the services provided by the agency in relation to the fee charged the applicant by the independent plan review firm or agency.

(40) This section only applies to buildings that fall under the additional provisions of Title 18, MCA. A building must meet the requirements of Title 18, MCA, in addition to the requirements of Title 50, MCA, if it is owned by the state or one of its political subdivisions. The definition of public building in 50-60-101, MCA, does not apply for purposes of this section only, but does apply for purposes of every other section of this rule.

(a) The requirement of Title 18, MCA, is as follows: Construction documents for public buildings, owned by the state and its political subdivisions as outlined by 18-2-122, MCA, shall bear the seal of a design professional.

(i) The building official may waive the requirements for a design professional seal for minor projects such as storage sheds and minor renovations, which do not have a direct bearing on the public health and safety.

(ii) The requirement for the seal of a design professional may be waived for projects for which documentation has been submitted, including but not limited to, a letter from the attorney for the local jurisdiction where the project is located, which supports a conclusion that the scope of the project does not have the potential to have a direct bearing on public health and safety.

(41) The term "farm or ranch building" as used in 50-60-102, MCA, is defined as a building located on and used in conjunction with, or in support of an agricultural use of a parcel of land, that either totals 160 or more contiguous acres under one ownership or is classified as agricultural pursuant to Title 15, chapter 7, part 2, MCA. The term "farm and ranch building" does not include buildings which are classified as either Group F or Group M Occupancies by the International Building Code.

(42) Notwithstanding any other provisions within the International Building Code, the following adult group residential facilities, licensed by the Department of Public Health and Human Services will be classified and treated as follows:

(a) Assisted living facilities with 9 to 19 ambulatory residents, as referenced as a category A facility in 50-5-226, MCA, will be classified as an R-4 occupancy for building permit and construction standard purposes.

(i) Automatic fire sprinkler systems are not required.

(ii) A fire alarm system is required in all common spaces.

(b) Assisted living facilities with 5 or more non-ambulatory residents, as referenced as category B, C, and D facilities in 50-5-226, MCA, will be classified as an R-4 occupancy for building permit and construction standards purposes.

(i) An automatic fire sprinkler system is required.

(ii) Each non-ambulatory resident shall have an accessible sleeping room or space.

(c) An assisted living facility with 20 or more ambulatory or non-ambulatory residents will be classified as an R-2 occupancy for building permit and construction standards and shall meet accessibility standards as provided in IBC section 1103.

(i) Automatic fire sprinkler systems are required.

(ii) A fire wall cannot be used to isolate and reduce occupant loads in order to avoid an R-2 classification.

(43) Section 50-60-102, MCA, exempts certain buildings from application of the state building codes. Provisions of the International Building Code shall not be applied in determining whether a building or structure is exempt from the state building codes. For example, fire walls as described in Section 706 of the International Building Code shall not be used to separate buildings otherwise covered by the state building codes into smaller buildings that would, if alone, be exempted by 50-60-102, MCA.

(44) The exemptions in 50-60-102, MCA, do not apply to any building used as or in conjunction with a hotel, motel, inn, motor court, guest or dude ranch, tourist home, public lodging house, youth camp, church camp, dormitory, youth living quarters, adult prerelease centers, bed and breakfast establishment, or other places where sleeping accommodations are furnished for a fee to a transient guest. "Transient guest" means a guest staying at one location for 30 days or less.

(45) All references to the "International Plumbing Code" shall be deleted and replaced with "Uniform Plumbing Code."

(46) All references to the "International Property Maintenance Code" shall be deleted.

(47) All references to the "Sewage Disposal Code" shall be deleted.

This rule has been repealed.

(1) The International Residential Code (IRC) is a nationally recognized model code setting forth minimum standards and requirements for detached one- or two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade in height, and their accessory structures. The IRC also provides a framework for program administration.

(2) The department adopts and incorporates by reference the International Residential Code, 2021 Edition, referred to as the International Residential Code or IRC, together with:

(a) Appendix Q, Tiny Houses. Appendix Q may be adopted by a certified city, county, or town building code jurisdiction. Tiny houses do not meet the building code requirements for commercial or business occupancy and are therefore prohibited for these types of uses. The department will apply Appendix Q to factory-built buildings which meet the definition of a tiny house as having 400 square feet or less in floor area excluding lofts, and which are intended to be mounted on a permanent foundation and used as a single-family dwelling.

(b) Appendix S, Strawbale Construction. Appendix S may be adopted by a certified city, county, or town building code jurisdiction. The department shall not apply or enforce Appendix S.

(c) Appendix F, Radon Resistant New Construction. Appendix F may be adopted by a certified city, county, or town building code jurisdiction. The department shall not apply or enforce Appendix F.

(3) Chapters 11 through 14, inclusive, are deleted in their entirety and chapters 16 through 43, inclusive, are deleted in their entirety. Chapter 15, Exhaust Systems, is adopted as an alternative to the International Mechanical Code for exhaust systems only. All other requirements for mechanical systems in detached one- or two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade in height, and their accessory structures, shall be found in the latest adopted edition of the International Mechanical Code.

(4) Subsection R102.7, Existing Structures, is deleted and replaced with the following: "The legal occupancy of any structure existing on the date of this code shall be permitted to continue without change, except as is specifically covered in this code or the legally adopted fire code as administered by the fire authority having jurisdiction."

(5) Subsection R301.6, Roof Load, is deleted and replaced with the following: "Snow loads shall be determined by the building official. In areas of the state outside of certified city, county, or town jurisdictions, the design snow load shall be based on the ground snow loads developed in "Snow Loads for Structural Design in Montana", Civil Engineering Department, Montana State University, 2004 revised edition. The minimum design roof snow load after allowed reductions shall be 30 psf unless justified by a Montana licensed design professional to the satisfaction of the building official. Coefficients and factors other than those specified in the building code may be used when justified by a Montana licensed design professional to the satisfaction of the building official."

(6) Subsection 302.2.2, Common walls, delete "Chapters 34 through 43" and replace with "the adopted electrical code in ARM Title 24, chapter 301, subchapter 4."

(7) Subsection 302.2.4, Structural Independence, delete exception number five and replace with the following: "Townhouses separated by a common two-hour fire-resistance-rated wall as provided in Section R302.2."

(8) Subsection R302.13, Fire Protection of Floors, is deleted in its entirety.

(9) Subsection 309.5, Fire Sprinklers, is deleted in its entirety.

(10) Subsection R311.7.5.1, Risers, is amended to allow a maximum riser height of 8 1/4 inches.

(11) Subsection R311.7.5.2, Treads, is amended to allow a minimum tread depth of nine inches.

(12) Subsection 312.1.1, Where Required, delete the first sentence and replace with the following: "Guards shall be located along open-sided walking surfaces, including stairs, ramps, and landings, that are located more than 30 inches measured vertically to the floor or grade below."

(13) Section R313, Automatic Fire Sprinkler Systems, is deleted in its entirety.

(14) Subsection R403.1.1, Minimum size, is modified to add the following: "Exception: The building official may allow footings to be designed in accordance with Section R403 of the 2012 IRC or may allow footings engineered by a design professional."

(15) Subsection 403.1.6, Foundation Anchorage, is deleted in its entirety and replaced with the following: "Where wood sill and sole plates are supported directly on continuous foundation walls or monolithic slabs with integral footings required by the provisions of this code, they shall be anchored to the foundation in accordance with this section. Cold-formed steel floor and wall framing shall be anchored to the foundation in accordance with Section R505.3.1 or R603.3.1. Wood sole plates at all exterior walls, wood sole plates of braced wall lines at building interiors on monolithic slabs with integral footings and all wood sill plates shall be anchored to the foundation with minimum one-half inch diameter anchor bolts spaced a maximum of six feet on center or approved anchors or anchor straps spaced as required to provide equivalent anchorage to the one-half inch diameter anchor bolts. Bolts shall extend a minimum of seven inches into concrete or grouted cells of concrete masonry units. A nut and washer shall be tightened on each anchor bolt. There shall be a minimum of two bolts per plate section with one bolt located not more than 12 inches or less than seven bolt diameters from each end of the plate section. Interior bearing wall sole plates on monolithic slab foundations with integral footings that are not part of a braced wall line shall be positively anchored with approved fasteners. Sill plates and sole plates shall be protected against decay and termites where required by sections R317 and R318.

Exceptions:

1. Walls 24 inches total length or shorter connecting offset braced wall panels shall be anchored to the foundation with a minimum of one anchor bolt located in the center third of the plate section and shall be attached to adjacent braced wall panels at corners as shown in item 8 of Table R602.3(1).

2. Connections of walls 12 inches total length or shorter connecting offset braced wall panels to the foundation without anchor bolts shall be permitted. The wall shall be attached to adjacent braced wall panels at corners as shown in item 8 of table R602.3(1)."

(16) Subsection R405.1 is amended by adding the following: "A drainage system is not required when continuous rain gutters are installed incorporating drain extensions which divert storm water a minimum of six feet (1.83 m) away from the foundation and grading is done in accordance with R401.3. A drainage system may be required where high water tables are known to exist or geological conditions which require a soils engineering report, performed in accordance with R401.4, specify the need for foundation drainage."

(17) Subsection 602.10, Wall Bracing, delete the first sentence and replace with the following: "Building shall be braced in accordance with this section or, when applicable, Section R602.12, or the most current version of APA System Report SR-102 as an alternate method.

(18) Subsection R602.10.10, Cripple Wall Bracing, add the following sentence: "The distance between adjacent edges of braced wall panels shall be 20 feet."

(19) Subsection R703.4, Flashing, delete the first paragraph in its entirety and replace with the following: "Flashing shall be provided in accordance with this section to prevent entry of water into the wall cavity or penetration of water to the building structural framing components. Flashing shall extend to the surface of the exterior wall finish or to the water-resistive barrier for drainage and shall be installed at all of the following locations:"

Further, delete Number "1", number "1.1", number "1.2", and number "1.3" in their entirety and replace with the following: "1. Exterior window and door openings."

Number "2" through "7" remain unchanged in Subsection R703.4.

(20) Add new subsection as follows: "R703.4.1, Flashing Materials. Approved flashing materials shall be corrosion-resistant. Self-adhered membranes used as flashing shall comply with AAMA 711. Pan Flashing shall comply with Subsection R703.4.2. Installation of flashing materials shall be in accordance with Subsection R703.4.3.

(21) Add new subsection as follows: "R703.4.2, Pan Flashing. Pan Flashing installed at the sill of exterior window and door openings shall comply with this section. Pan Flashing shall be corrosion-resistant and shall be permitted to be pre-manufactured, fabricated, formed, or applied at the job site. Self-adhered membranes complying with AAMA 711 shall be permitted to be used as Pan Flashing. Pan Flashing shall be sealed or sloped in such a manner as to direct water to the surface of the exterior wall finish or to the water-resistive barrier for subsequent drainage."

(22) Add new subsection as follows: "R703.4.3, Flashing Installation. Installation of flashing materials shall be in accordance with one or more of the following methods:

1. The fenestration manufacturer's installation and flashing instructions.

2. The flashing manufacturer's installation instructions.

3. Flashing details approved by the Building Official.

4. As detailed by a Registered Design Professional."

(23) Appendices do not apply to a certified city, county, or town building code jurisdiction unless specifically authorized or adopted by the department and adopted by the certified city, county, or town building code jurisdiction.

(24) A copy of the International Residential Code may be obtained from the International Code Council at www.ICCsafe.org. 

This rule has been repealed.

This rule has been repealed.

(1) The department adopts and incorporates by reference the International Code Council’s International Energy Conservation Code, 2021 Edition, referred to as the International Energy Conservation Code, unless another edition is specifically stated, together with the following Appendix and amendments:

(a) Subsections C103.1 and R103.1, General, are deleted and replaced with the following: "With each application for a building permit, and when required by the building official, plans and specifications shall be submitted. The building official may require plans and specifications be prepared by an engineer or architect licensed to practice by the state, except for owner-occupied, single-family dwelling houses."

(i) Exception:

"The code official is authorized to waive the requirements for construction documents or other supporting data if the code official determines they are not necessary to confirm compliance with this code."

(b) Subsections C105.2 and R105.2, Required Inspections, are deleted in their entirety when the code is used by department. It remains undeleted and available for use for certified local governments using the code.

(c) Table R402.1.2, INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT, is amending requirements for climate zone 6 as WOOD FRAMED WALL R-VALUE 'R-21 or R-20 + R-5ci or R-13 + R-10ci or R-15ci.'

(d) Table R402.1.4, EQUIVALENT U-FACTORS, is amending requirements as shown below in the table:

(e) Subsection R402.2.2, Ceilings Without Attics, is deleted and replaced with the following: "Where Table R402.1.3 would require insulation levels above R-30 and the design of the roof/ceiling assembly does not allow sufficient space for the required insulation, the minimum required insulation for such roof/ceiling assemblies shall be R-30. This reduction of insulation from the requirements of Table R402.1.3, shall be limited to 250 square feet or ten percent of the total insulated ceiling area, whichever is less. This reduction shall not apply to the U-factor alternative approach in Section R402.1.4, and the total UA alternative in Section R402.1.5."

(f) Subsection R402.2.10, Crawl Space Walls, is deleted and replaced with the following: "As an alternative to insulating floors over crawl spaces, crawl space walls shall be permitted to be insulated when the crawl space is not vented to the outside. Temporary crawl space vent openings are allowed during construction for crawl spaces that have insulated crawl space walls. These temporary crawl space vent openings shall be closed, sealed, and insulated to the same R-value of the surrounding crawl space wall insulation once construction is complete and prior to the time that the final building inspection would occur. Crawl space wall insulation shall be permanently fastened to the wall and shall extend downward from the floor, the entire height of the crawl space wall. Exposed earth in unvented crawl space foundations shall be covered with a continuous Class I vapor retarder. All joints of the vapor retarder shall overlap six inches and be sealed or taped. The edges of the vapor retarder shall extend at least six inches up the stem wall and shall be attached and sealed to the stem wall."

(g) Subsection R402.4.1.2, Testing, is deleted and replaced with the following: The building or dwelling unit shall be tested and verified as having an air leakage rate of not exceeding four air changes per hour in Climate Zone 6. Testing shall be conducted with a blower door at a pressure of 0.2 inches w.g. (50 Pascals). Where required by the code official, testing shall be conducted by an approved party. A written report of the results of the test shall be signed by the party conducting the test and provided to the code official. Testing shall be performed at any time after creation of all penetrations of the building thermal envelope. During testing:

"(i) exterior windows and doors, fireplace and stove doors shall be closed, but not sealed;

"(ii) dampers shall be closed, but not sealed, including exhaust, intake, makeup air, back draft and flue dampers;

"(iii) interior doors shall be open;

"(iv) exterior openings for continuous ventilation systems and heat recovery ventilators shall be closed and sealed;

"(v) heating and cooling system(s) shall be turned off;

"(vi) "B" or "L" vents, combustion air vents, and dryer vents shall be sealed; and

"(vii) supply and return registers, where installed at the time of test, shall by fully open.

(h) Subsection R402.4.1.3, Leakage Rate, is amended as follows:  "When complying with Subsection R401.2.1, the building or dwelling unit shall have an air leakage rate not exceeding 4.0 air changes per hour in Climate Zone 6, when tested in accordance with Subsection R402.4.1.2."

(i) Subsection R403.3.7, Exception: Building framing cavities may be used for return ducts if there is no atmospherically vented furnace, boiler, or water heater located in the house outside of a sealed and insulated room that is isolated from inside the thermal envelope and if the duct system has been tested as having a maximum total leakage not greater than 4 cfm/SF. The room walls, floor, and ceilings shall be insulated in accordance with the basement wall requirements of Table R402.1.3. A duct air leakage test shall not be required where the ducts and air handlers are located entirely within the building thermal envelope.

(j) Subsection R403.4, Mechanical System Piping Insulation, is deleted and replaced with "Mechanical system piping shall be insulated in accordance with subsections 610.11 and L 501.2 of the Uniform Plumbing Code (UPC) 2021 edition."

(k) Subsection R403.5, Service Hot Water Systems, is deleted and replaced with "Service hot water systems shall be insulated in accordance with subsection L 503.3.3 of the Uniform Plumbing Code (UPC) 2021 edition."

(l) Subsection R403.5.2, Hot Water Pipe Insulation, is deleted and replaced with "Hot water pipe insulation shall be insulated in accordance with subsections 610.11 and L 501.2 of the Uniform Plumbing Code (UPC) 2021 edition."

(m) Appendix CB, Solar-Ready Zone - Commercial. Appendix CB may be adopted by a certified city, county, or town building code jurisdiction. The department shall not apply or enforce Appendix CB.

(n) Appendix CC, Zero Energy Commercial Building Provisions. Appendix CC may be adopted by a certified city, county, or town building code jurisdiction. The department shall not apply or enforce Appendix CC.

(o) Appendix RB, Solar-Ready Provisions–Detached One- and Two-Family Dwellings and Townhouses. Appendix RB may be adopted by a certified city, county, or town building code jurisdiction. The department shall not apply or enforce Appendix RB.

(2) The purpose of the International Energy Conservation Code is to provide minimum requirements for the design of new buildings and structures and additions to existing buildings, regulating their exterior envelopes and selection of their heating, ventilating, air conditioning, service water heating, electrical distribution and illuminating systems, and equipment for effective use of energy.

(a) The department encourages owners, design professionals, and builders to voluntarily implement greater levels of energy efficiency in building design and construction than those required by the International Energy Conservation Code. Information regarding voluntary building standards for greater levels of energy efficiency can be obtained from the department by contacting the Department of Labor and Industry, Building Codes Program, P.O. Box 200517, Helena, MT 59620-0517, by telephone at 406-841-2056, or at the department's web site, http://bsd.dli.mt.gov/building-codes-permits.

(3) The International Energy Conservation Code is a nationally recognized model code for energy efficient construction of buildings. A copy of the International Energy Conservation Code may be obtained from the International Code Council at www.ICCsafe.org.

(1) Where the energy labeling sticker is required by 50-60-803 , MCA, the labeling sticker shall describe the energy efficiency components of the home. The builder or representative shall sign, date, and complete the label and permanently attach it to the interior electrical panel. The energy efficiency component labeling sticker must be a permanent self-adhesive label four by six inches in size that includes the following information:

(a) building address, name of builder or representative, date, and signature;

(b) nominal R-values for flat and vaulted ceilings, above grade walls, basement and crawlspace foundation insulation, floors over unheated space, slab insulation, and exterior doors;

(c) overall window unit U-factor. Window U-factor information is the factor stated on the window label from the National Fenestration Rating Council (NFRC) ;

(d) the energy efficiency rating of the heating system. This is the annual fuel utilization efficiency (AFUE) for gas heating systems and the heating season performance factor (HSPF) for heat pumps;

(e) energy efficiency information for water heaters. This is the energy factor (EF) rating, from the manufacturer and stated on the water heater; and

(f) other information that may be listed as an option to describe energy efficiency features of the home not stated above.

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This rule has been repealed.

(1) The department adopts and incorporates by reference the International Existing Building Code (IEBC), 2021 edition, which may be used as an alternate prescriptive method(s) for the remodel, repair, alteration, change of occupancy, addition, and relocation of existing building.

(a) The owner of an existing building may follow the requirements of either the IEBC or the IBC, but the owner may not apply some of the requirements of the IEBC and other requirements from the IBC on the same project.

(2) Adoption of the IEBC must not be construed to require the upgrading of existing buildings.

(3) Any reference to a separate specialty building regulation by title in the IEBC shall be considered deleted and replaced with the title of the comparable model code that has been adopted by the department and is in effect at the time.

(4) A copy of the IEBC may be obtained from the International Code Council at www.ICCSafe.org. 

(1) The department adopts and incorporates by reference the International Mechanical Code, 2021 edition, published by the International Code Council, unless another edition is specifically stated, together with the following amendments:

(a) Subsection 102.8, Referenced Codes and Standards, is modified by adding the following: "Any reference to a separate specialty building regulation, by title, either in this subsection or elsewhere in this code, shall be considered deleted and replaced with the title of the model code adopted by the department and in effect at the time."

(b) All references to the International Plumbing Code shall be deleted and replaced with the Uniform Plumbing Code.

(c) Subsection 101.2 is amended to delete Exception 1 in its entirety.

(d) The fees established in Subsection 106.5.2 are as follows:

"(1) The mechanical cost shall be the cost to the owner of all labor charges and all mechanical materials and equipment installed as part of the mechanical system. The cost of the plumbing system, which is covered by the Uniform Plumbing Code, is not to be included.

"(2) The mechanical permit fees are calculated as follows:

(e) Section 108 of the International Mechanical Code will be left as is for use by certified cities, counties, and towns. The department will use 50-60-109 and 50-60-110, MCA, in cases requiring prosecution, in lieu of Section 108. When a person fails to submit required plans, obtain a permit, correct plans or comply with an order of the department, the department will, as authorized by 50-60-109, MCA, seek injunctive relief.

(f) Section 109 of the IMC will be left as is for use by certified cities, counties, or towns, which by 50-60-303, MCA, must provide an appeal procedure. Cities, counties, and towns may use a board of appeals created in accordance with Section 113 of the IBC to serve as their boards of appeal. The department and state of Montana, however, will use the applicable provisions of the Montana Administrative Procedure Act in all cases of appeal, in lieu of Section 109.

(g) Chapter 10 is deleted in its entirety.

(h) Table 403.3.1.1 is amended by the addition of a footnote "i". Footnote "i" is to be referenced in the table at, "Private Dwellings, Single and Multipleⁱ". The footnote at the end of the table should be as follows: "i. Every dwelling unit shall have installed a minimum 100 CFM exhaust fan controlled by either an automatic timer or humidistat. Structures built to the provisions of the International Residential Code may provide mechanical ventilation per Section M1505 of the International Residential Code."

(i) Subsection 307.3, Condensate pumps, is modified by adding the following exception at the end: "Exception: A water sensor with audio alarm may be substituted for an appliance/equipment disconnect to allow for continued operation of the appliance/equipment."

(j) Subsection 506.5.2, Pollution-control units, is amended to state as follows: "506.5.2 Pollution-control units. When pollution-control units are required by the authority having jurisdiction, the installation shall be in accordance with the manufacturer's installation instructions and all of the following:"

(k) Subsection 1101.10, Locking access port caps, is modified by adding the following: "This subsection shall not apply to single-family dwellings."

(2) The department shall not enforce the IMC in buildings exempted from state building codes by 50-60-102, MCA. Cities, counties, and towns that have made the state building regulations applicable to buildings exempt from state enforcement, except for mines and buildings on mine property regulated under Title 82, chapter 4, MCA, may enforce within their jurisdictional areas the International Mechanical Code as adopted by those units of government.

(3) As specified in 76-2-412, MCA, mechanical codes which are not applicable to residential occupancies may not be applied to a community residential facility serving eight or fewer persons or to a day care home serving 12 or fewer children.

(4) The purpose of this code is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heat-producing appliances.

(5) No mechanical permit shall be issued for a building or structure, under the jurisdiction of the department, until the building permit has first been issued for that building or structure.

(6) The IMC adopted by reference in (1) is a nationally recognized model code setting forth minimum standards and requirements for certain mechanical installations. A copy of the IMC may be obtained from the International Code Council at www.ICCSafe.org. 

(1) The department adopts and incorporates by reference the International Fuel Gas Code, 2021 edition, published by the International Code Council, IFGC, unless another edition is specifically stated, together with the following amendments:

(a) Subsection 102.8, Referenced Codes and Standards, is modified by adding the following: "Any reference to a separate specialty building regulation, by title, either in this subsection or elsewhere in this code, shall be considered deleted and replaced with the title of the model code adopted by the department and in effect at the time. For example, all references to the International Plumbing Code shall be deleted and replaced with the Uniform Plumbing Code."

(b) The permit fees for the fuel gas code are calculated the same way as provided in ARM 24.301.172, and substituting the fuel gas system for the mechanical system. The inspection fees for the fuel gas code are the same as provided in ARM 24.301.172.

(c) Section 108 of the International Fuel Gas Code will be left as is for use by certified cities, counties, and towns. The department will use 50-60-109 and 50-60-110, MCA, in cases requiring prosecution, in lieu of Section 108. When a person fails to submit required plans, obtain a permit, correct plans, or comply with an order of the department, the department will, as authorized by 50-60-109, MCA, seek injunctive relief.

(d) Section 109 of the IFGC will be left as is for use by certified cities, counties, or towns, who by 50-60-303, MCA, must provide an appeal procedure. Cities, counties, and towns may use the board of appeals created in accordance with Section 113 of the International Building Code to serve as the board of appeals. The department and state of Montana, however, will use the applicable provisions of the Montana Administrative Procedure Act in all cases of appeal, in lieu of Section 109.

(e) Subsection 307.6, Condensate pumps, is modified by adding the following exception at the end: "Exception: A water sensor with audio alarm may be substituted for an appliance/equipment disconnect to allow for continued operation of the appliance/equipment."

(f) Subsection 403.4.2, Steel, is amended to state as follows: "403.4.2 Steel. Steel, stainless steel, and wrought-iron pipe shall be not lighter than Schedule 40 and shall comply with the dimensional standards of ASME B36.10M and one of the following standards:"

(2) The department shall not enforce the IFGC on those buildings exempted from state building codes by 50-60-102, MCA. Cities, counties, and towns that have made the state building regulations applicable to buildings exempt from state enforcement, except for mines and buildings on mine property regulated under Title 82, chapter 4, MCA, may enforce within their jurisdictional areas the International Fuel Gas Code as adopted by those units of government.

(3) As specified in 76-2-412, MCA, fuel gas codes which are not applicable to residential occupancies may not be applied to a community residential facility serving eight or fewer persons or to a day care home serving 12 or fewer children.

(4) The purpose of this code is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heat-producing appliances.

(5) No mechanical permit shall be issued for a building or structure, under the jurisdiction of the department, until the building permit has first been issued for that building or structure.

(6) The IFGC adopted by reference in (1) is a nationally recognized model code setting forth minimum standards and requirements for certain mechanical installations. A copy of the IFGC may be obtained from the International Code Council at www.ICCSafe.org. 

(1) The department adopts and incorporates by reference the International Swimming Pool and Spa Code, 2021 edition, published by the International Code Council, unless another edition is specifically stated, together with the following amendments:

(a) Chapters 7 through 10, inclusive, are deleted in their entirety.

(2) As specified in ARM 24.301.146(26), the department has deleted Section 3109 Swimming Pool Enclosures and Safety Devices from the International Building Code and replaced that section with the International Swimming Pool and Spa Code (ISPSC) as adopted by reference in (1). Cities, counties, and towns that have adopted the International Building Code in connection with their certification to enforce building codes will utilize the applicable sections of the ISPSC to regulate swimming pool and spa construction.

(3) As specified in 76-2-412, MCA, the ISPSC provisions, which are not applicable to residential occupancies, may not be applied to a community residential facility serving eight or fewer persons, or to a day care home serving 12 or fewer children.

(4) The purpose of this code is to establish 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.

(5) No swimming pool or spa permit shall be issued for a building or structure, under the jurisdiction of the department, until the building permit has first been issued for that building or structure.

(6) The ISPSC adopted by reference in (1) is a nationally recognized model code setting forth minimum standards and requirements for swimming pool and spa installations. A copy of the ISPSC may be obtained from the International Code Council at www.ICCSafe.org. 

This rule has been repealed.

(1) The department adopts and incorporates by reference the International Wildland-Urban Interface Code, 2021 edition, published by the International Code Council, unless another edition is specifically stated, together with Appendix "B" (Vegetation Management Plan) and Appendix "C" (Fire Hazard Severity Form).

(2) Section 302 is deleted in its entirety and replaced with the following:

"The governmental body or some other official state or local agency shall declare the wildland-urban interface areas within the jurisdiction. Such declaration or designation shall be based on findings of fact or some other process already completed such as mapping, boundary designations, or other informative processes such as wildland fire plans. Cities, counties, and towns that have adopted the International Building Code or the International Residential Code in connection with their certification to enforce building codes will, if they elect to enforce the International Wildland-Urban Interface Code, record the official wildland-urban interface areas on maps available for inspection by the public.

(3) Chapter 4 is deleted in its entirety.

(4) Subsection 101.2, Scope, is modified by:

(a) Deleting the first sentence and replacing with: "The provisions of this code shall apply to the construction, alteration, movement, repair, addition, change-of-use or remodeling of any building, structure, or premises within the designated wildland-urban interface within the jurisdiction."

(5) Subsection 101.4, Retroactivity, is deleted in its entirety.

(6) Subsection 101.5, Additions or Alterations, delete the written exception.

(7) Subsection 101.6, Maintenance, is deleted in its entirety.

(8) Subsection 102.6, Existing Conditions, is modified by:

(a) Deleting "International Property Maintenance Code."

(9) Section 103, Enforcement Agency, is deleted in its entirety.

(10) Subsection 107.2, Permits Required, retain the first sentence and delete the remainder of the subsection.

(11) Subsection 110.4.4, Citations, is deleted in its entirety.

(12) Subsection 110.4.5, Unsafe Conditions, is deleted in its entirety.

(13) Subsection 110.4.5.1, Record, is deleted in its entirety.

(14) Subsection 110.4.5.2, Notice, is deleted in its entirety.

(15) Subsection 110.4.5.2.1, Method of Service, is deleted in its entirety.

(16) Subsection 110.4.5.3, Placarding, is deleted in its entirety.

(17) Subsection 110.4.5.3.1, Placard Removal, is deleted in its entirety.

(18) Subsection 110.4.5.4, Abatement, is deleted in its entirety.

(19) Subsection 110.4.5.5, Summary Abatement, is deleted in its entirety.

(20) Subsection 110.4.5.6, Evacuation, is deleted in its entirety.

(21) Replace Table 503.1 "Ignition-Resistant Construction" with the one below:

(22) Section 602, Automatic Sprinkler Systems, is deleted in its entirety.

(23) Section 604, Maintenance of Defensible Space, is deleted in its entirety.

(24) The IWUIC adopted by reference in (1) is a nationally recognized model code setting forth minimum standards and requirements for the safeguarding of life and property. A copy of the IWUIC may be obtained from the International Code Council at www.ICCSafe.org.

This rule has been repealed.

(1) A city, county, or town, as provided by 50-60-102, MCA, may adopt codes that have been adopted by the department to cover buildings within their respective jurisdiction. However, as provided by 50-60-102, MCA, a city, county, or town may not cover residential buildings containing less than five dwelling units or their attached-to structures, any farm or ranch building and any private garage or private storage structure used only for the owner's own use unless the local legislative body or board of county commissioners by ordinance or resolution makes the building code specifically applicable to those structures. A city, county, or town may accomplish this by making its building codes applicable to nonexempt building construction within the respective jurisdiction.

(2) When a city, county, or town is approved to enforce building, mechanical, electrical, plumbing, fuel gas, swimming pool and spa, medical gas, and/or wildland-urban interface codes for limited types of buildings, the  department retains authority to enforce building, mechanical, electrical, plumbing, fuel gas, swimming pool and spa, medical gas, and/or wildland-urban interface codes for all other buildings not covered by the city, county, or town and which are not exempt from department regulation.

(3) The International Building Code includes the A117.1 Accessibility Code, the International Energy Conservation Code, the International Swimming Pool and Spa Code, and the International Existing Building Code.

(4) The International Residential Code includes the International Energy Conservation Code.

(1) The codes adopted by cities, counties, and towns must be the same as those adopted by the department. However, cities, counties, or towns shall only adopt those codes that they are certified to enforce, which include plumbing, electrical, building, mechanical, medical gas, or the International Wildland-Urban Interface Code. The codes adopted by cities, counties, and towns must be the same edition with the same amendments as those adopted by the department. Each time the department modifies the codes, cities, counties, and towns must modify their codes to conform to the department's codes. The department will notify cities, counties, and towns of these code modifications, at which time they will have 90 days from receipt of the notice to conform their codes. Cities, counties, and towns shall notify the department in writing when the updated codes have been adopted and are being enforced. Such notification shall include a copy of the appropriate code adoption ordinance(s) or administrative action.

(2) An ordinance authorizing the adoption of a building code by administrative action must state, at a minimum:

(a) the type of codes which will be enforced, i.e., plumbing, electrical, building, mechanical, medical gas, or the International Wildland-Urban Interface Code; and

(b) the individual, identified by position title, who has the authority to sign the administrative action.

(3) Discretionary provisions of a city, county, or town building code, i.e., provisions which are not mandated by the department, may not be adopted by administrative action.

(4) An automatic adoption ordinance which simply refers to the codes as may be adopted by the department, is not an acceptable code adoption ordinance as it is not sufficiently clear as to what codes are being enforced.

(1) The establishment of permit fees shall be left to the city, county, or town. A list of current permit fees must be submitted to the department when the fees are first established or subsequently amended.

(2) Permit fees must only be used for those costs related to building code enforcement activities, except for the building codes education fund as provided in 50-60-116, MCA, with building codes being only those codes adopted by the department in subchapters 1, 3, 4, and 15 of ARM Title 24, chapter 301. It is not intended that permit fees be used to support fire departments, planning, zoning, or other activities, except to the extent that employees in those programs provide direct plan review, inspection, or other building code enforcement services for the city, county, or town's building code enforcement programs. Permit fees shall not be used to support the inspection of existing buildings for maintenance or for abatement of dangerous buildings.

(3) Costs related to building code enforcement activities include:

(a) those necessary and reasonable costs directly related and specifically identifiable to the enforcement of codes adopted by the city, county, or town as provided by 50-60-302, MCA; and

(b) a proportionate share of the city, county, or town's indirect costs, which are those costs incurred for common or joint purposes that benefit more than one program or activity. Indirect costs shall be treated as provided by 50-60-106(2)(g)(i), MCA.

(4) The cities, counties, and towns must maintain a system and adequate records to:

(a) document that permit fees are only used for those costs related to building code enforcement activities, as defined in (2) and (3) above;

(b) document the amount by which revenues from permit fees differs from the costs related to building code enforcement activities each year;

(c) document the amount maintained as a reserve and the percentage of the costs of building code enforcement activities that the reserve represents;

(d) document that any reserve is utilized only for the cost of building code enforcement activities; and

(e) document that permit fees were reduced as required in (5) in the event the reserve exceeds the maximum reserve allowed in (5).

(5) Permit fees collected in a given year in excess of the costs of administering city, county, or town building code enforcement programs shall be placed in reserve to be used in subsequent years, provided that the reserve amount does not exceed the amount needed to support the building code enforcement programs for 12 months. Fees must be reduced if necessary to avoid creation of excess reserve.

(1) Once factory-built buildings are approved by the department as meeting the codes, the units shall be subject only to city, county, or town inspection and fees for zoning, utility connections and foundations. As part of the city, county or town's submittals to the department, provisions must be included stating how factory-built buildings will be handled with respect to permits and inspections to include the charges for permits covering these types of units.

(1) A city, county, or town shall submit a program report, including all items listed in ARM 24.301.207(2)(a) to support a request for certification of a new code enforcement program. Certification of the proposed code enforcement program shall be effective upon the department's written determination that the city, county, or town's proposal would be compliant with applicable statutes and rules.

(1) City, county, or town plumbing inspectors must be Montana licensed journeymen or master plumbers, or inspector certified in plumbing.

(2) City, county, or town electrical inspectors must be Montana licensed journeyman or master electricians, or inspector certified in electrical.

(3) City, county, or town building and mechanical inspectors must be either inspector certified or have a construction related engineering or architecture degree or license. A mechanical inspector may also be qualified by having a Montana plumbing license.

(4) Plans examiners must be either plans examiner certified, or be building inspector qualified as allowed in (3).

(5) Certification must be by a nationally recognized entity for testing and certification in the same code as is adopted by the department. The certification must be considered current by the certifying entity. In the situation where a new edition or replacement code has been published but is not yet adopted by the department, certification in the most recent published edition or replacement code is acceptable.

(6) Plumbing, electrical, mechanical, or building inspector certification may be obtained as part of a combination inspector certification to the extent the individual inspector certifications meet the requirements of (5) .

(7) The types of buildings that may be inspected or plans examined by any certification classification shall be determined by the department utilizing the standards and recommendations of the entity administering the certification program. However, residential building inspector certification shall be acceptable for inspections of residential buildings containing less than five dwelling units.

(8) Newly hired building inspectors, mechanical inspectors and plans examiners who do not meet the certification standards listed above may conduct inspections and review plans if they obtain the necessary certification within six months of the date of hiring, and are supervised in the interim by appropriately certified personnel. If the city, county, or town code enforcement programs cannot provide supervision by a certified person, the newly hired noncertified building inspector or plans examiner must have actual practical experience in the construction trade, and must participate in six working days of on-the-job training with the department. Such training shall be at the expense of the city, county, or town employing the inspector. There shall be no fee charged by the department. Upon approval by the department, on-the-job training with another code enforcement program may be accepted. Upon approval by the department, four days of classroom training may be substituted for six days of on-the-job training.

(9) A city, county, or town may opt to have a medical gas piping permit and inspection program as part of a plumbing permit and inspection program. If the city, county, or town does not opt to have a medical gas permit and inspection program then such program will be administered by the department. Medical gas piping inspectors must either possess a Montana medical gas piping endorsement or have 30 hours of medical gas piping inspection training acceptable to the department.

(1) A city, county, or town with a certified code enforcement program shall report to the department changes to its code enforcement program within 30 days of the change. Changes to inspection staff or inspection staff qualifications must be reported within ten days with proof of certification.

(2) All certified jurisdictions, whether or not the program has changes to report, must file a report with the department on or before September 1 at least every three years for the immediately preceding fiscal year. Information provided in the report should correspond directly to each item listed in (3), and each item should be answered and presented separately from all other report information. An example report format is available to all Montana cities, counties, and towns upon request.

(a) The report must contain all of the following information:

(i) an official map or certified legal description of the jurisdictional area;

(ii) a list of building related codes, including edition dates, being enforced by the city, county, or town;

(iii) copies of ordinances which adopt each building-related code or each administrative order used to adopt each building-related code if not previously provided in accordance with ARM 24.301.202;

(iv) a list of the type of structures subject to and a list of the type of structures exempted from the building related codes;

(v) a schedule of fees charged for permits;

(vi) an accounting of the collection and expenditure of fees and charges for the immediately preceding fiscal year;

(vii) a copy of the ordinance establishing the appeal procedure or the acknowledgment that the International Building Code appeals procedure will be followed;

(viii) a list of the members of the appeals board and their qualifications;

(ix) the current plan for enforcement, which must include:

(A) a general description of how permits are applied for and issued;

(B) how plan reviews are conducted;

(C) how and when inspections are made;

(D) how final approvals or certificates of occupancy are issued; and

(E) how factory-built buildings and manufactured homes are permitted and inspected;

(x) a list of employees inspecting, reviewing plans, or approving any installation with descriptions of responsibilities and proof of qualifications for each employee as provided in ARM 24.301.206; and

(xi) if any services relating to building code enforcement are provided through contractual arrangements, a current copy of all such contracts.

(3) By January 31 of each year, the department shall notify each city, county, and town expected to file its report on September 1.

(4) The department may request a city, county, or town with a certified code enforcement program to provide a report to the department in accordance with this rule to respond to inquiries regarding its code enforcement program so the department can ensure program functions are being properly performed as required by 50-60-302(2), MCA. The department may also make similar inquiries to clarify or further examine details provided in reports.

(1) The department adopts and incorporates by reference a document dated July 17, 2020, and entitled: "Independent Accountant's Report on Applying Agreed-Upon Procedures for Certified Local Governments."

(2) For purposes of reporting direct charges against a building code enforcement program in an agreed-upon procedures audit, time and motion or cost allocation studies will not be acceptable as a basis to support direct charges.

(3) A city, county, or town with a certified building code enforcement program that had a building code program reserve fund balance in the preceding fiscal year in excess of $10,000 and had building permit revenues in the previous fiscal year of more than $10,000 shall require its independent auditor, in conjunction with the audit required by 2-7-503, MCA, to perform agreed-upon procedures to determine whether the city, county, or town has complied with the financial related statutes and administrative rules relating to city, county, or town building code enforcement programs. The department may require cities, counties, and towns with certified building code enforcement programs which do not meet the above criteria to provide such an audit on a case-by-case basis so the department can ensure program functions are being properly performed as required by 50-60-302, MCA. The agreed-upon procedures engagement must be performed and reported in accordance with standards prescribed by the American Institute of Certified Public Accountants. The engagement must include but is not limited to procedures necessary to provide the information necessary to fully and accurately satisfy the reporting format adopted by reference in (1), as provided for in 50-60-106, MCA, and ARM 24.301.203. Use of this reporting format is mandatory.

(4) A copy of the document identified in (1) may be obtained from the Department of Labor and Industry, Building and Commercial Measurements Bureau, P.O. Box 200517, 301 South Park, Helena, MT 59620-0517. Copies may also be obtained by e-mail request sent to [email protected], or by downloading the document from the department's web site at www.buildingcodes.mt.gov.

(5) The cost of the agreed-upon procedures engagement shall be paid by the city, county, or town, but may be considered a direct cost of the code enforcement program.

(6) Copies of the report on applying agreed-upon procedures shall be filed with both the department and the Local Government Services Bureau of the Department of Administration. 

This rule has been repealed.

(1) If the department determines a city, county, or town code enforcement program is not in compliance with the applicable statutes or rules it shall give the city, county, or town notice of such noncompliance and may allow a reasonable amount of time, not to exceed six months, for the city, county, or town to come into compliance or have the noncompliant code enforcement program decertified.

(a) Failure of a city, county, or town to come into compliance within the time prescribed by the department will result in the decertification of the city, county, or town program to the extent it is out of compliance.

(b) The city, county, or town shall be given the opportunity to contest the department determination through contested case proceedings as provided by the Montana Administrative Procedure Act.

(2) A city, county, or town may voluntarily decertify all or part of its code enforcement program upon a 90-day written notice to the department, unless the department otherwise accepts a lesser notice or the public health, safety and welfare is at risk.

(3) If a city, county, or town's code enforcement program is decertified, either involuntarily or voluntarily, in whole or in part, the city, county, or town shall be obligated to complete inspecting all construction projects started with permits issued under the city, county, or town's program, unless the department otherwise consents or determines that the public health, safety or welfare is at risk.

(1) Cities, counties, and towns, which are certified for the enforcement of building-related codes shall remit to the department 0.5 percent of building fees or charges collected for deposit into a building codes education fund.

(2) Cities, counties, and towns with annual revenues from building fees and charges of $100,000 or more shall make the payment to the building codes education fund in two semiannual installments, the first half on or before February 1, for revenues collected between the preceding July 1 and December 31, and the second half on or before September 1 for revenues collected between the preceding January 1 and June 30. Cities, counties, and towns with annual revenues from building fees and charges of less than $100,000 may make one annual payment on or before September 1 for revenues collected between the preceding July 1 and June 30.

(1) Code interpretations concerning any of the state building-related codes enforced by cities, counties or towns (building, plumbing, mechanical and electrical) may be requested by an affected party (building official, contractor, designer, owner, etc.) , in writing, on forms provided by the department. The affected party must first show a need for a code interpretation because of differing or inconsistent interpretations of the code provision at issue between city, county, or town building officials or between city, county, or town building officials and the department. The department will research and investigate the question and will prepare a preliminary written response, which includes the department's preliminary interpretation and justification of the question as soon as possible.

(2) The preliminary interpretation and justification of the question will be distributed to the requestor, the Building Codes Council and to all city, county, or town code enforcement programs, currently certified for enforcement of the applicable code concerning the question, for their review and comment. Comments and suggested amendments concerning the question must be returned to the department within 30 days of the date of the distribution of the preliminary interpretation and justification of the question.

(3) The department will consider all comments and suggested amendments received during the 30-day comment period and prepare a proposed interpretation and justification of the question to be distributed, along with a ballot, to all building officials of city, county, and town code enforcement programs, currently certified for enforcement of the applicable code concerning the questions. The ballot will be to "concur" or to "not concur" with the proposed interpretation and the ballot must be signed and dated by each voting building official and returned to the department within 15 days of the date of distribution of the proposed interpretation.

(4) The ballots will be counted by the department and the proposed code interpretation will become final and binding on all city, county, and town code enforcement programs and the department if a simple majority of voting building officials "concur". If the voting on the proposed code interpretation is tied, the department shall be entitled to break the tie vote. If a simple majority of voting building officials vote "do not concur", the proposed code interpretation will become a technical code advisory, as established in ARM 24.301.213 and is not binding on local code enforcement programs.

(5) Code interpretations, which receive a "concur" status as established in (4), shall be dated, chronologically numbered, placed in the department's central registry, and distributed to the requestor, Building Codes Council, and all city, county, and town code enforcement programs, which are then certified for building code enforcement.

(1) Code technical advisories are available for questions concerning any of the state building related codes (building, plumbing, mechanical, electrical, boiler and elevator) and may be requested by an affected party (building official, contractor, designer, owner, etc.) , in writing, on forms provided by the department. The department may research and investigate the question and may prepare a preliminary written response, which includes the department's interpretation and justification as soon as possible. The affected party and the Building Codes Advisory Council will be provided with the preliminary written response and will be given five working days to submit comments.

(2) Code technical advisories are not binding on city, county, or town code enforcement programs.

(3) After review of any comments, the department will prepare a final written response and the code technical advisories shall be dated, chronologically numbered, placed in the department's central registry and distributed to the requestor, Building Codes Council, and all certified city, county, and town building code enforcement programs.

(2) Single family dwelling model construction plans will be reviewed utilizing the applicable provisions of the current editions of the model codes or their replacement codes as may be adopted by the department and approval of the plans will be limited for use in areas with the same or lesser design factors as submitted on the plans (snow load, wind load, seismic zone, etc.) .

(3) Plan review and approval fees for single family dwelling model construction plans shall be the same as those currently established for the review and approval of factory-built buildings in ARM 24.301.565.

(4) The fee for approval of a single family dwelling model plan is a one time approval fee as established in ARM 24.301.565. Model plans for single-family dwellings are considered approved until a subsequent edition or replacement of the code applicable to construction of single-family dwellings is adopted. Approved plans must be resubmitted for plan review and approval under the provisions of any newly adopted plumbing, electrical or mechanical code and shall be assessed the applicable plan revision fee as established in ARM 24.301.565.

(5) Approved plans with current electrical, plumbing and mechanical components shall be acceptable on a statewide basis as established in (2) with no further examination other than as provided in 50-60-118 , MCA. Any alteration or deviation during construction from the approved plans voids the model plan approval status and the alteration or deviation shall be addressed on a case-by-case basis by the applicable city, county, or town building official.

This rule has been repealed.

(1) Only counties or incorporated cities and towns in Montana have the option of adopting their own code enforcement programs. A city, county, or town code enforcement program must be certified in accordance with ARM Title 24, chapter 301, subchapter 2 before the local government entity may begin enforcing building regulations. Where a county adopts such a program, the county must enforce the building regulations on a county-wide basis, except where an incorporated city or town already has a certified code enforcement program in place or where the city or town is later certified for operation of such programs. Cities, counties, and towns may enter into contracts for enforcement of building regulations within their respective jurisdictions, but those contracts must be submitted to the department as part of an application for certification, or as an amendment to a previously approved plan before the contract may be performed.

(2) Specific alternative examples of code enforcement jurisdictional relationships and responsibilities are as follows:

(a) In counties where no certified county code enforcement programs are in effect:

(i) the department will enforce Montana's building regulations in all unincorporated cities and towns;

(ii) incorporated cities and towns which also do not have certified code enforcement programs in effect will have Montana's building regulations enforced by the department; and

(iii) incorporated cities and towns which do have a certified code enforcement program in effect will operate that program and enforce Montana's building regulations within their jurisdiction.

(b) A city or town that incorporates can choose to:

(i) apply for certification to operate its own code enforcement program;

(ii) be regulated by a county code enforcement program, if one is in effect; or

(iii) have the department provide permitting and inspection services inside the city limits in accordance with Montana statutes and administrative rules.

(1) The department adopts and incorporates by reference the Uniform Plumbing Code, 2021 edition, unless another edition is specifically stated, together with the following appendix chapters and amendments:

(a) Appendix A, Recommended Rules for Sizing the Water Supply System is adopted.

(b) Appendix B, Explanatory Notes on Combination Waste and Vent Systems is adopted.

(c) Appendix C, Alternate Plumbing Systems is adopted.

(d) Appendix D, Sizing Stormwater Drainage Systems is adopted.

(e)�Appendix K, Potable Rainwater Catchment Systems is adopted.

(f)�Appendix L, Sustainable Practices is adopted.

(g)�Appendix M, Peak Water Demand Calculator is adopted.

(h)�Appendix N, Impact of Water Temperature on the Potential for Scalding and Legionella Growth is adopted.

(i) Subsection 103.3.1, Licensing, is amended with the addition of the following language: The requirements for who must be licensed to perform plumbing work is regulated by Title 37, chapter 69, MCA.

(j) Subsections 104.1, 104.2, 104.3, 104.3.2, 104.4, 104.5, 105.0, 105.4, 106.1, 106.3, and 107.0 will be left as is for use by local governments (i.e., municipalities and counties), but will not be used by the department and the state of Montana. For the purposes of enforcement by the department, these subsections are replaced with provisions of Title 50, chapter 60, part 5, MCA.

(k) Delete Table 104.5 - PLUMBING PERMIT FEES and replace with the following schedule:

(i) for each plumbing fixture $10

(ii) water service - domestic or commercial 20

(iii) for each building sewer and each trailer park sewer 20

(iv) storm drains and storm drainage 20

(v) for each water heater (replacement or new) 25

(vi) for each industrial water pretreatment interceptor, including its tray and vent, excepting kitchen type grease interceptors functioning as fixture traps 30

(vii) for alteration or repair of water piping and/or water treatment equipment 30

(viii) for repair or alteration of drainage or vent piping 30

(ix) for each lawn sprinkler system and fire protection system or any one meter, including backflow protection devices therefore 30

(x) for each hose bibb, vacuum breakers, or backflow protective devices on tanks, vats, etc., or for installation on unprotected plumbing fixtures, including necessary water piping 6 each

(xi) requested plumbing inspection fee (provided that such service is not in excess of one hour in duration, and then $35 for each 30 minutes or fractional part thereof in excess of one hour. Travel and per diem may be charged as per the state of Montana's existing rate for these items) 75

(xii) reinspection (provided the $30 does not exceed the original permit fee, in which case the original fee will be charged) 45

(xiii) for each medical gas type/piping system as follows:

(A) oxygen piping 100

(B) nitrogen piping 100

(C) medical compressed air piping 100

(D) nitrous oxide piping 100

(E) carbon dioxide piping 100

(F) medical vacuum piping 100

(G) any other medical gas piping not included above in (A) through (F) 100

(H) if total outlets for all gases/vacuum piping exceed 20 outlets, then there is an additional fee for each outlet over 20 10

(xiv) for each gray water system (commercial or residential) 60

(l) Section 218, Definition of Plumbing System, is amended to read: "Includes all potable water and alternate water sources including supply and distribution pipes, all plumbing fixtures and traps, all drainage and vent pipes, building drains and building sewers, including their respective joints and connections, devices, receptacles, and appurtenances within the property line of any premises, and includes water heaters and vents for the premises."

(m) Table 422.1, Minimum Plumbing Facilities, is deleted and replaced with ARM 24.301.351, Minimum Required Plumbing Fixtures.

(n) Delete Subsection 603.4.2.

(o) Subsection 603.5.10, is amended with the addition of the following language: "Boiler feed lines, in single-family dwellings on their own private well, may be protected with a dual check valve with intermediate atmospheric vent when a nontoxic transfer fluid is utilized in the boiler."

(p) Subsection 604.3, the exception is amended to read as follows: Exception: Type M copper tubing may be used for water piping when piping is above ground in, or on, a building.

(q) Subsection 605.12.2, Solvent Cement Joints, delete the third sentence and replace with the following: "Where surfaces to be joined are cleaned and free of dirt, moisture, oil, and other foreign material, apply approved primer in accordance with ASTM F 656."

(r) Subsection 610.8, last sentence, is amended to read as follows: No building supply pipe shall be less than 3/4 inch (19.1 mm) in inside diameter.

(s) Subsection 612.0, Residential Fire Sprinkler Systems, is deleted in its entirety.

(t) Subsection 704.3, is amended by deleting the first sentence and replacing it with, "There may not be a direct connection between the sewerage system and any drains originating from equipment in which food, portable equipment, or utensils are placed." Exception: A warewashing (3-compartment) sink may have a direct connection only when used as a wash bin, rinse bin, and sanitizing bin and shall not be used for any other purpose. Establishments that use the sanitizing bin of their warewashing sink to wash produce or conduct other food preparation must maintain an indirect connection and are not eligible for this exception.

(u) Subsection 705.6.2, Solvent Cement Joints, delete the third sentence and replace with the following: "Where surfaces to be joined are cleaned and free of dirt, moisture, oil, and other foreign material, apply approved primer in accordance with ASTM F 656."

(v) Subsection 707.4 is amended by deleting the first sentence and replacing with, "Each horizontal drainage pipe shall be provided with a cleanout at its upper terminal and each run of piping, which is more than 50 feet in total developed length, shall be provided with a cleanout for each 50 feet, or fraction thereof, in length of such piping."

(w) Section 708.1, is amended to read as follows: Horizontal drainage piping shall be run in practical alignment and a uniform slope of not less than 1/4 of an inch per foot or 2 percent toward the point of disposal provided that, where it is impractical due to the depth of the street sewer or to the structural features or to the arrangement of any building or structure to obtain a slope of 1/4 of an inch per foot or 2 percent, any such pipe or piping 2 inches or larger in diameter may have a slope of not less than 1/8 of an inch per foot or 1 percent.

(x) Subsection 718.1, the exception is amended to read as follows: Exception: Where it is impractical, due to the depth of the street sewer or to the structural features or to the arrangement of any building or structure, to obtain a slope of 1/4 of an inch per foot, any pipe or piping 3 inches or larger in diameter may have a slope of 1/8 of an inch per foot and any such pipe or piping 8 inches in diameter or larger may have a slope of 1/16 of an inch per foot.

(y) Subsection 807.3, Domestic Dishwashing Machine, add exception as follows: "Exception #1: The waste connection of a residential dishwasher shall connect directly to a wye branch fitting on the tailpiece of the kitchen sink, directly to the dishwasher connection of a food waste disposer, or through an air break to a standpipe. The waste line of a residential dishwasher shall rise and be securely fastened to the underside of the sink rim or countertop."

(z) Subsection 906.1, the first sentence is amended to read as follows: Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than 12 inches above the roof nor less than one foot from any vertical surface.

(aa) Subsection 906.3, is amended to read as follows: Vent pipes shall be extended separately or combined, of full required size, not less than 12 inches above the roof or fire wall.

(ab) Subsection 906.7, is amended to read as follows: Frost and Snow Closure: Where frost or snow closure is likely to occur in locations having a minimum design temperature below zero degrees Fahrenheit vent terminals shall be a minimum of 3 inches in diameter, but in no event smaller than the required vent pipe. The change in diameter shall be made inside the building at least 1 foot below the roof and terminate not less than 12 inches above the roof, or as required by the administrative authority.

(ac) Subsection 908.1 is amended to read, "Wet Venting."

(ad) Subsection 908.1.1 is deleted and replaced with, "Wet venting is limited to drainage piping receiving the discharge from the trap arm of one and two fixture unit fixtures that also serves as a vent for not to exceed four fixtures. All wet vented fixtures shall be within the same story; provided, further, that fixtures with a continuous vent discharging into a wet vent shall be within the same story as the wet vented fixtures."

(ae) Subsection 908.1.2, is amended to read as follows: "The piping between any two consecutive inlet levels shall be considered a wet vented section. Each wet vented section shall be a minimum of one pipe size larger than the required minimum waste pipe size of the upper fixture or shall be one pipe size larger than the required minimum pipe size for the sum of the fixture units served by such wet vented section, whichever is larger, but in no case less than two inches."

(af) Subsection 908.2 is amended with addition of the following: "Bathroom group locations include private bathrooms, private patient hospital rooms, commercial toilet rooms with only one toilet, one lavatory and may include one floor drain."

(ag) Chapter 12, Fuel Piping, is deleted and replaced with the International Fuel Gas Code.

(ah) Chapter 13, Health Care Facilities and Medical Gas and Vacuum Systems, is deleted except for Subsections 1301.0, 1302.0, and 1303.0, Health Care Facilities. In lieu of Chapter 13, except for the subsections not deleted, the department�adopts and incorporates by reference the National Fire Protection Association's Standard NFPA 99, 2018 edition, Chapters 1 through 5 and Chapter 15 for the exclusive use as a standard for medical gas and vacuum systems, unless a different edition date is specifically stated, as the standard for the installation of medical gas and vacuum systems. The requirements of this rule shall not be construed as to replace or supersede any additional requirements for testing and certification of medical gas and vacuum systems, including independent third-party certification of systems, as may be applicable. NFPA 99 is a nationally recognized standard setting forth minimum standards and requirements for medical gas and vacuum systems. A copy of NFPA 99 may be obtained from the National Fire Protection Association at www.nfpa.org.

(2) The purpose of this code is to provide minimum requirements and standards for plumbing installations for the protection of the public health, safety, and welfare. The Uniform Plumbing Code is a nationally recognized model code setting forth minimum standards and requirements for plumbing installations. A copy of the Uniform Plumbing Code may be obtained from the International Association of Plumbing and Mechanical Officials at www.iapmo.org.�

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(1)�The following table will be used to determine the minimum number of plumbing fixtures to be installed in new buildings:

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a. The fixtures shown are based on one fixture being the minimum required for the number of persons indicated or any fraction of the number of persons indicated. The number of occupants shall be determined by the building code.

b. Fixtures located in adjacent buildings under the ownership or control of the church shall be made available during periods the church is occupied.

c. Toilet facilities for employees shall be separate from facilities of inmates or patients.

d. A single-occupant toilet room with one water closet and one lavatory serving not more than two adjacent patient rooms shall be permitted where such room is provided with direct access from each patient room and with provisions for privacy.

e. For day nurseries, a maximum of one bathtub shall be required.

f. Food service establishments or any establishment that sells alcoholic beverages for on-site consumption requires at least one urinal.

g.�Single-user unisex facilities shall include a urinal in food service establishments or any establishment that sells alcoholic beverages for on-site consumption.

h. Contact the Department of Public Health and Human Services for additional requirements for food service establishments.

i. At the discretion of the building official, certain nonassembly buildings where food and beverages are not consumed on the premises, may be allowed to furnish only one unisex public toilet if it is accessible in accordance with ICC A117.1.

j. At the discretion of the building official, business and mercantile classifications intended for quick transactions, including takeout, pickup, and drop off businesses having a floor area less than 1200 sq. ft., may utilize facilities located in another building within 500 feet provided the building is open and available during business hours and is accessible in accordance with ICC A117.1.

k. For business and mercantile classifications with an occupant load of 15 or fewer, a service sink shall not be required.

l. Keyed toilets under employee control of the type available at service stations are permitted.

m. Where urinals are provided, notwithstanding the required urinal in footnote g. above, one water closet less than the number specified may be provided for each urinal installed, except the number of water closets in such cases shall not be reduced to less than one-half of the minimum specified.

n. Where single-user unisex facilities are present, the aggregate fixture count shall be equal to the required number of separate facilities. �Where single-user unisex toilet rooms or bathing rooms are clustered at a single location, at least 50 percent but not less than one room for each user at each cluster shall be accessible.

o. Riding arenas as defined in ARM 24.301.146(11) are required to provide separate male and female accessible restrooms which contain a minimum of one water closet and one lavatory.

p. See ARM 24.301.903 for additional requirements and provisions concerning building accessibility.

q. If a specific occupancy is not shown in the table, the building official shall determine on an individual case-by-case basis the requirements for that occupancy.

r. On an individual case-by-case basis the building official may approve an alternative source of potable drinking water, such as, but not limited to, a bottled water cooler, in lieu of a drinking fountain.�

�

(1) Any person who is required under 50-60-505, MCA, to obtain a plumbing permit, and the work is not covered by a local government inspection program, shall do so prior to installation through the department.

(2) The exception to the plumbing permit requirement listed in 50-60-503, MCA, for plumbing installations on farms having their own individual water supply or sewage disposal system applies to farm or ranch installations used in conjunction with an agricultural or livestock raising operation which are not connected to either a public water supply or public sewer system. Any building used as or in conjunction with a hotel, motel, inn, motor court, guest or dude ranch, tourist home, public lodging house, bed and breakfast establishment, or other place where sleeping accommodations are furnished to transient guests for a fee is subject to fee requirements of ARM 24.301.301.

(3) The exception to the plumbing permit requirement listed in 50-60-506(4), MCA, for the owner of residential property applies to the owner of a single-family dwelling who does the work on the plumbing installation in the dwelling in which they will reside. The "homeowner exemption" applies to those dwellings intended for the owner's personal use and not for dwellings built on speculation of resale or intended as rental property.

(4) The exception to permit requirements listed in 50-60-506(5), MCA, for regularly employed maintenance personnel doing maintenance work on the business premises applies to personnel on the regular payroll rather than personnel under contract. Maintenance work includes the stopping of leaks in drains, soil, waste, or vent pipe, clearing of stoppages, and repairing of leaks in pipes, valves, or fixtures, when such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.

(5) The applicant shall complete the plumbing application form and designate in the spaces provided the items to be covered by the plumbing permit.

(6) No plumbing permit shall be issued for a building or structure under the jurisdiction of the department, until the building permit has been issued for said building or structure.

(7) After review and approval of the application, the department shall issue a permit to the applicant.

(1) Cover (rough-in) inspections are made by a state plumbing inspector wherever possible. Insulation and wallboard shall not be applied prior to inspection unless 48 hours, excluding Saturdays, Sundays, and holidays, have expired after the plumbing installation is complete and notice to inspect has been received.

(2) The permit holder shall be responsible for assuring that plumbing work is not covered before the department has granted permission to cover said work. The inspection shall be made during daylight hours unless it is more convenient to all parties involved to make the inspection at night.

(3) Upon completion of the final inspection and approval of the plumbing work, the department shall, if requested, issue the permit holder a certificate of compliance.

(4) If the inspection reveals code violations, the permit holder shall be given an opportunity to make corrections. If after reinspection the violation has been corrected, the permit holder shall be issued a certificate of compliance. If such violation is not corrected, the permit holder or other responsible persons will be charged as per 50-60-110, MCA.

(5) Plumbing inspectors shall not inspect any plumbing work in which they have any financial or personal interest, or which they have installed or repaired.

(1) The department adopts and incorporates by reference the National Fire Protection Association Standard NFPA 70, National Electrical Code, 2020 edition referred to as the National Electrical Code, unless another edition date is specifically stated. The National Electrical Code is a nationally recognized model code setting forth minimum standards and requirements for electrical installations.

(2) Subsection 210.12, Arc-Fault Circuit-Interrupter Protection, is amended to delete all references to "kitchen" or "kitchens."

(3) A copy of the National Electrical Code may be obtained from the National Fire Protection Association at www.nfpa.org/NEC. 

(1) For the purposes of this subchapter, the following definitions shall apply:

(a) "Maintenance Work" means ordinary and customary in-plant or onsite installations, modification, additions, or repairs, which shall be limited to: relamping fixtures, replacing ballasts, trouble-shooting, motor controls, replacing motors, breakers, magnetic starters, in a kind-for-kind manner. "Maintenance Work" will also include the connection of listed factory-assembled equipment that can be directly connected to an existing branch-circuit or panelboard by means of a factory-installed lead. If a new circuit is required to operate the equipment, or if the size of the supply conductors needs to be increased, this will be considered new work and not "Maintenance Work."

(b) "Permittee" means the property owner that is responsible for the installation of electrical wiring and equipment authorized by an electrical permit, or the license holder named as the "Responsible Licensed Electrician" for an "Electrical Contractor," who is responsible for the installation of electrical wiring and equipment authorized by an electrical permit. On farm and ranch installations used in conjunction with an agricultural or livestock raising operation, the term "Permittee" will mean the owner, owner's agent, and/or person(s) employed by the owner on a full-time basis as a farm or ranch employee(s) at the farm or ranch involved.

(c) "Provisional Power" means the connection of electrical power to any part of a premises wiring system from any source of energy, prior to the final inspection and approval of the installation by the electrical inspector.

(d) "Rental Property" means any property utilized by any person(s) for other than the owner's personal use with or without the consideration of compensation for the use.

(e) "State Electrical Code" means the edition of the National Electrical Code or any other model electrical code, which is adopted, and as it may be modified by the department for use as a construction standard in and by Montana's electrical industry.�

(1) The National Electrical Code is amended as follows:

(a) NEC ARTICLE 110.2 (SUPPLEMENTARY). When requested, complete wiring diagrams shall be provided prior to installation of conductors and equipment indicating the conductor's and equipment's intended use.

(b) NEC Article 550.32(A): The allowable distance for service equipment from the exterior wall of a manufactured or mobile home is increased from 30 ft (9.14 m) to 50 ft (15.24 m).

(c) NEC Article 550.33(A): Add the following: It shall be permissible to feed a manufactured (mobile) home with type SER cable when the service equipment is mounted on the exterior of the home. Physical protection of the cable is required by enclosing the cable in an approved raceway where the cable is run on the outside of the home. The cable is to be properly supported and attached per Article 338 where installed under the home.

(d) NEC Article 760.1 (SUPPLEMENTARY). Smoke alarms and carbon monoxide alarms shall be installed in any building or structure as required under the currently adopted International Building Code or International Residential Code, whichever applies, regardless of whether or not the building or structure is exempt by 50-60-102, MCA.

(1) Only persons appointed by the department shall act as electrical inspectors to represent the state of Montana.

(2) Inspectors shall give information as to the meaning or application of the code to contractors, electricians, or owners for whom the inspectors perform compliance inspections. The inspector shall not design circuitry or perform engineering tasks for the permittee.

(3) State electrical inspectors shall not inspect any electrical work in which they have any financial or personal interest, or which they have installed or repaired.

(4) State electrical inspectors shall have powers as are vested in them by the department, including but not limited to the power to make inspections and to ascertain that none of the provisions of Title 50, chapter 60, part 6, MCA, the National Electrical Code, as amended from time to time, or the Administrative Rules of Montana, Title 24, chapter 301, subchapter 4, Electrical Requirements are being violated.

(5) A state electrical inspector has the right, during reasonable hours while showing proper identification, to enter any building or premise in the discharge of the inspector's official duties to make any inspection or test of electrical equipment that is necessary to protect the public health, safety, and welfare.

(1) Except as provided by 50-60-602, MCA, an electrical permit is required for any installation in any new construction or remodeling or repair.

(2) Prior to the commencement of any electrical installation, in an area where the electrical code is enforced by the department, the permittee shall submit an official and complete request for electrical permit to the department in Helena with fee(s) as provided in ARM 24.301.461. If the permittee fails to obtain a permit for an electrical installation, a "Failure to Permit Investigation Fee" may be required in addition to the standard permit fee. Electrical permit forms will be made available by the department and may also be available at any power supplier or from the electrical inspector.

(3) The term "permittee" listed in ARM 24.301.431(2) applies to owners doing electrical work on their own residence, farm, or ranch property provided that said property is maintained for their personal, private use. The property or residence shall not be built on speculation of resale or intended as rental property.

(4) A local government certified to enforce the electrical code may require, in addition to the electrical permit required by 50-60-605, MCA, the power supplier be provided with proof of an approved inspection before the power supplier can energize the electrical installation. The local government shall provide the power supplier with written notice of this requirement if it wishes to enforce this option.

(5) The requirements listed in 50-60-605, MCA, requiring an "electrical permit" before the energizing of an electrical installation by a power supplier means the power supplier may energize said installation with provisional power, before an inspection has been performed by the department, after issuing a power supplier limited service certificate as allowed in ARM 24.301.472, or upon receipt of the power supplier's copy of the electrical permit issued by the department.

(6) An individual that energizes an electrical installation without first obtaining an electrical permit for that installation is guilty of a misdemeanor per 50-60-607, MCA. The department may require a utility per 50-60-605, MCA, to not energize or to remove provisional power from the permittee's electrical system if the permittee connects new wiring to a new or existing power source, thereby causing the utility to energize the electrical installation without first receiving the required permit for the connection.

(7) Upon receipt of the application for an electrical permit with the applicable fee(s), the department will issue the official electrical permit covering the installation.

(8) The permittee shall be responsible for all work performed under the electrical permit, and shall ensure that all work meets the requirements of the National Electrical Code, as amended by the version of ARM 24.301.411 in effect at the time the permit was issued. No permittee shall allow any other person to do, or cause to be done, any work under an electrical permit issued to the permittee, except the permittee or the permittee's employees who are licensed as an electrician or registered as an electrical apprentice.

(9) Electrical permits are valid for a period of 18 months from the date of issuance. One renewal of 18 months may be granted by the department as long as the application for renewal is made not more than 30 days following expiration of the original permit. Original electrical permits expire after 18 months from the date of issuance if not renewed. Renewed electrical permits will expire 18 months after the renewal date.

(10) The electrical permit is transferable, with application for permit transfer being made in writing on forms provided by the department and the payment of a $20.00 transfer fee. The permit transfer shall be completed prior to the subsequent permittee commencing work under the transferred permit.

(11) The exception to permit requirements listed in 50-60-602(2), MCA, for regularly employed maintenance personnel doing maintenance work on the business premises applies to personnel on the regular payroll rather than personnel under contract.

(12) No electrical permit shall be issued for a building or structure under the jurisdiction of the department until the building permit has been issued for said building or structure or it has been determined that a building permit is not required or special circumstances exist which make issuance of the permit appropriate.

(1) Cover (rough-in) inspections are made by a state electrical inspector wherever possible. Insulation and wallboard shall not be applied prior to inspection unless 48 hours, excluding Saturdays, Sundays and holidays, have expired after the electrical installation is complete and notice to inspect has been received.

(2) The permittee of record, whether an electrical contractor or a homeowner, shall notify the area electrical inspector when the electrical installation is ready for cover (rough-in) inspection, whether or not an inspection is subsequently performed.

(3) Whenever violations are found upon inspection, the inspector will notify the permittee verbally, with a written inspection report, or a written compliance order as to the nature of the violations.

(4) Provisional power may be removed from the installation if code violations discovered during the cover (rough-in) inspection are of such a nature to be considered an immediate threat of fire to the structure or shock hazard.

(1) The permittee of record, whether an electrical contractor or a homeowner, shall notify the area electrical inspector when the electrical installation is ready for final inspection and provide access to the installation for inspection or furnish the necessary information as to who can provide access to the installation.

(2) Upon completing final inspections, state inspectors will date and sign the inspection reports. Inspectors will apply a green "approved" tag when installations have been inspected and approved by the department. Upon approval, the department will remove the provisional power designation.

(3) If the installation is disapproved, inspectors will provide the permittee with notice of and reasons for the disapproval. After correcting the cause for disapproval, the permittee must make a request for reinspection to the department. Failure to make corrections or request the final reinspection may cause the department to cancel the provisional power. When the inspector approves the corrected installation as identified on the permit and inspection documents, the inspector will apply the proper final inspection tag to the installation and the department will remove the "provisional power" designation.

(1) The following is the schedule of electrical inspection fees as charged by the department. As provided in ARM 24.301.203 local governments certified to enforce the electrical code may establish their own electrical permit fees.

�

Type of Installation������������������� Permit Fee�

�

(a) single-family dwellings or cabins (includes

attached garage if wired at the same time

as the house or cabin) A cabin is a structure designed

for use for overnight stays that may not meet the definition

of a dwelling unit.

(i) up to 200 amp service $200

(ii) 201 to 400 amp service 380

(iii) 401 to 600 amp service 600

(iv) 601 and up amp service 800

(b) private property accessory buildings

(includes new service or upgrade of existing service

for supply of power to garages, barns, sheds, etc.)

(i) up to 200 amp panel 80

(ii) 201 to 300 amp panel 150

(iii) 301 or more amp panel 250

(c) multi-family dwellings (duplex through 12 units) per bldg*

(i) Up to 200 amp service 180

(ii) 201 to 400 amp service 380

(iii) 401 to 600 amp service 580

(iv) 601 and up amp service 780

*Plus $60 per unit, up to and including 12 units.

*For buildings containing more

than 12 units, use the commercial schedule

that follows.

(d) multi-family dwellings (duplex through 12 units)

rewire or remodel only - per dwelling unit 100

(e) single-family dwelling interior/exterior wiring/rewiring

(i) more than three circuits and change of service and/or

interior panelboard 120

(ii) more than three circuits only (does not include change of

service or panelboard) 100

(iii) two or three additional circuits or pieces of equipment only 70

(iv) one additional circuit or piece of equipment (hot tub,

air conditioner, etc.) 45

(f) change of service

(i) exterior meterbase and interior/exterior main disconnect only 45

(ii) exterior meterbase and interior/exterior main disconnect

with feeder and distribution panelboard replacement 75

(g) modular homes, mobile homes, and recreational vehicles

(i) wiring to a mobile or modular home with wiring of a

basement and/or addition at the same time 120

(ii) wiring to a mobile, modular, or RV only on

privately owned property 80

(iii) wiring to a mobile or RV on rental space at a

licensed court with previously existing electrical service 40

(h) mobile home courts and/or recreational vehicle parks

(new, rewire or addition)

(i) first 3 spaces (1-3 spaces) $45

(ii) additional spaces over 3 spaces installed

at the same time (per space) 5

(i) new service and wiring for utilization equipment

such as livestock well, residential irrigation well, etc. 50

(j) agricultural irrigation pumps or machines on a common surface

(i) (one pump or one pivot) 50

(ii) multiple pumps or pivots ($50 for first pump or pivot plus

$25 for each additional piece of equipment supplied by a

common service.) (Note: A separate permit is required for each

service installed supplying either a single piece of equipment or a combination of equipment.)

(k) permit renewal fee 60

(l) refund/credit fee 25

(m) permit transfer fee 20

(n) failure to permit investigation fee 45/hour

(o) Renewable energy system: net metering system or off-grid electrical generating system (photovoltaic (PV) system, wind generator, hydro turbine, etc.)

(i) Commercial or residential installations 65

(p) all other installations (commercial, industrial, institutional,

or for public use). Fees are based on total cost to the owner of all

labor and materials to complete the electrical project. Electrical materials

furnished by the owner must be included in the total electrical project cost:

�

Cost of Electrical Installation		Fee
$ 0 - $1,000		$45 for 1st $500 plus 6.0% of balance of construction cost �
$ 1,001 - $10,000		$75 for 1st $1,000 plus 2.0% of balance of construction cost �
$10,001 - $50,000		$255 for 1st $10,000 plus 0.5% of balance of construction cost �
$50,001 or more		$455 for 1st $50,000 plus 0.3% of balance of construction cost	�

�

(q) provisional construction service $60.00 (Note: A provisional construction service permit may only be closed when the permit expires and power is removed or upon the permittee obtaining a new permit applicable for the wiring of the structure being built. The utility power supplier shall be ordered by the inspector to remove power from a "Provisional construction service" upon expiration of the permit, if no additional permit has been obtained.)

(2) A requested inspection is limited to the inspection of existing electrical installations that an owner or occupant may wish to have inspected. The fee for a requested inspection is payable prior to or at the time of the inspection. The fee for a requested electrical inspection is $60, provided that such service, including all time spent preparing all paperwork furnished as documentation by the inspector regarding the inspection, is not in excess of one hour in duration, and then $30 for each 30 minutes or fractional part thereof in excess of one hour. Travel and per diem will also be charged at the rates established under Title 2, chapter 18, part 5, MCA, when considered by the department to be applicable for the situation.

This rule has been repealed.

(1) Temporary power supply connections may be performed under the authority of power supplier limited service certificates.

(2) Power supplier limited service certificates ("service certificates") are four part forms created and provided by the department to consumers and power suppliers in Montana. These service certificates may be used to allow power suppliers to energize electrical services in Montana prior to obtaining an electrical permit and prior to inspection and approval of electrical service installations by department inspectors.

(3) Service certificates may be used only for the following purposes:

(a) to restore power to a structure for repairs after a fire, accidental damage, or natural disaster;

(b) to restore power to a mobile home to prevent damage due to freezing conditions or to prevent loss of frozen or refrigerated food items after relocation of a mobile home;

(c) to restore or establish power to a structure where power must be available to maintain conditions or equipment directly related to home health care; or

(d) to restore or establish power in situations where failure to do so would imminently and directly jeopardize real or personal property, or human life or safety.

(4) Power suppliers must be in receipt of a completed service certificate or ensure one is completed by a prospective consumer prior to or immediately coincidental with making temporary electrical connections to supply power.

(5) Power suppliers must present a copy of completed service certificates to the area electrical inspector or his supervisor within five days, excluding weekends and holidays, of the issue date of the date that temporary power was supplied, whichever is later.

(6) As provided by 50-60-605 , MCA, no temporary electrical connection made in accordance with this rule may remain in effect longer than 14 days. If the 14-day time limit lapses without the consumer obtaining an appropriate permit from the department and presenting it to the power supplier, the power supplied under the authority of the service certificate must be disconnected by the power supplier no later than 72 hours following expiration of the 14-day period.

(7) Subject to the administrative (contested case) procedures set forth in the Montana Administrative Procedure Act, a power supplier that neglects, refuses, or fails to comply with the provisions of this rule and 50-60-605 , MCA, shall forfeit the ability to utilize service certificates.

(2) The electrical inspection fee for each temporary installation shall be $45 for the entirety of the temporary installation, provided that such inspection can be completed within one hour. If additional inspection time is required, it will be charged at the rate of $25 for each additional 30 minutes or fractional parts thereof.

(3) Each time a temporary amusement or public assembly electrical installation is erected or relocated, another electrical inspection will be required.

(1) No permit fee shall be refunded nor credit issued for a permit if the value of the permit does not exceed $25.

(2) A permit with a value which exceeds $25 may be refunded or credited, at the discretion of the department, less the $25 refund/credit fee.

(3) A refund or credit issued for a permit fee on a project, which was inspected by the department, shall have the refund or credit prorated at the rate of $45 per required inspection performed, in addition to the $25 refund/credit fee.

(4) No refund or credit for permit fees shall be issued for duplicate permits, when the permittee failed to transfer the original permit pursuant to ARM 24.301.431(10) and a subsequent permit was obtained for the same project.

(5) The department may suspend or revoke a permit when the permit was issued in error or issued on the basis of incorrect information. Suspended or revoked permits shall not be issued a refund or credit.

(1) These rules and standards are based on the provisions of Title 50, chapter 60, MCA, in order to implement, interpret and make specific and otherwise carry out the statutory provisions relating to the manufacture and sale of factory-built buildings and components thereof.

(2) Factory-built buildings shall meet the requirements of the following nationally recognized construction standards:

(a) the International Building Code as adopted by ARM 24.301.131 or, as applicable, the International Residential Code as adopted by ARM 24.301.154;

(b) the National Electrical Code as adopted by ARM 24.301.401;

(c) the International Mechanical Code as adopted by ARM 24.301.172;

(d) the Uniform Plumbing Code as adopted by ARM 24.301.301;

(e) the International Energy Conservation Code as adopted by ARM 24.301.161;

(f) the International Swimming Pool and Spa Code as adopted by ARM 24.301.175; and

(g) the International Wildland-Urban Interface Code as adopted by ARM 24.301.181.

(3) The requirement listed in 50-60-402(1), MCA, for new factory-built buildings applies to all new units, whether offered for sale, lease or rent, which are first utilized in the state of Montana, regardless of the unit's point of origin or route of delivery. A person cannot arrange to accept delivery of a new unit in an out-of-state location in order to avoid the need for a state of Montana insignia on the unit.

(1) "Bureau" means the Building and Commercial Measurements Bureau of the Department of Labor and Industry.

(2) "Components" means the prefabricated wall, floor, ceiling, or roof panels or pre-cut building kits or similar units of construction or any combination of such units.

(3) "Engineer" means a professional engineer who, by reason of special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired the right to practice engineering as attested by his registration as a professional engineer.

(4) "Factory-built building" means a factory assembled structure or structures equipped with the necessary service connections, but not made so as to be readily movable as a unit or units and designed to be used with a permanent foundation.

(5) "Insignia" means a seal or label issued by the bureau to indicate compliance on the date of issuance with these rules and Title 50, chapter 60, MCA.

(6) "Listing agency" means an agency approved by the bureau which is in the business of listing or labeling, and which maintains a periodic inspection program on current production of listed models, and which makes available at least an annual published report of such listing in which specific information is included and that the product has been tested to approved standards and found safe for use in the specified manner.

(7) "Local enforcement agency" means the zoning or building department of a city, town, or county.

(8) "Alteration or conversion" means the replacement, addition, modification, or removal of any equipment or installations which may affect construction, fire safety, occupancy, plumbing, heat-producing, or electrical systems or the functions thereof, of units subject to these rules.

(9) "Model" means a specific design width of factory-built building or components thereof as designed by the manufacturer.

(10) "Model group" means two or more manufacturer-designed factory-built buildings or components thereof, which constitute one model.

(11) "Prohibited sales notice" means a printed notification issued by the bureau that the unit may not be offered for sale because of violations of these rules.

(12) "Recreational vehicles" has the same meaning as in 50-60-101, MCA.

(13) "System" means an arrangement or method based on maximum capacity for structural, plumbing, heating, or electrical installations.

(14) "Testing agency" means an organization, which is:

(a) in the business of testing equipment and installations;

(b) qualified and equipped for such experimental testing;

(c) not under the jurisdiction or control of any manufacturer or supplier for any affected industry;

(d) making available a published report in which specific information is included stating that the equipment and installations tested were found to meet the applicable standards in the specified manner;

(e) conducting tests computed under the control of a licensed professional engineer;

(f) approved by the bureau.

(15) "Third party certification and inspection agency" means an agency which:

(a) inspects and certifies, in lieu of state inspectors, that any unit conforms to the requirements and standards set forth herein; and

(b) is not under the control or jurisdiction of any supplier, manufacturer, or dealer, except by a contract for quality control and/or inspections of units for conforming to the requirements and standards set forth herein.

(16) "Unit" means a factory-built building and components thereof.  

This rule has been repealed.

(1) Mobile homes and recreational vehicles are designed only to meet building code requirements applicable to mobile homes used as residences and recreational vehicles used as temporary residences.

(2) These units do not meet code requirements for commercial or business occupancy and are therefore prohibited for these types of uses. Except as provided in (4), manufactured (mobile) homes and recreational vehicles shall not be utilized for any occupancy other than as a single family dwelling, whether for transient stay or longer periods. "Transient stay" means a guest staying at one location for 30 days or less.

(3) Units used in one location for not more than 14 days in conjunction with a circus, fair, or other similar use would not fall into this category.

(4) Units used as temporary offices by manufactured (mobile) home dealers, on the premises (lot) where said units are sold, would not fall into this category provided the unit utilized as an office:

(a) is not used for a period exceeding five years;

(b) is offered for sale;

(c) is not used to store flammable materials;

(d) is not altered to accommodate office space;

(e) meets the exiting sign requirements imposed by the International Building Code; and

(f) is provided with a handicap accessible entrance pursuant to the requirements imposed by the International Building Code.

(1) The Building and Commercial Measurements Bureau shall administer and enforce all the provisions of Title 50, chapter 60, MCA, and the rules adopted pursuant thereto.

(1) State inspectors shall monitor the third party inspection agencies regarding the accuracy and quality of their inspections and reports, and shall inspect and monitor all manufacturers, dealers, and installers regarding compliance with the applicable statutes and these rules. When, upon inspection, the inspector finds that a unit is in violation of these rules, he shall serve a notice of violation upon the manufacturer, dealer, and installer which will set forth the specific statutes or rules which have been violated. The inspector shall post a prohibited sales notice upon each unit and may confiscate the insignia of approval issued by the bureau.

(1) Any unit manufactured in a reciprocal state which has been reviewed as meeting the standards of that state shall be deemed to meet the standards of the state of Montana. Reciprocal status shall be granted to other states at the discretion of the bureau. In addition to the insignia of the reciprocal state, a Montana insignia is necessary on all units manufactured or offered for sale within the state of Montana.

(2) The bureau chief shall have the authority to enter into reciprocal agreements with other states.

(3) Reciprocal status for factory-built buildings may be granted to HUD-approved Category III states.

This rule has been repealed.

(1) All factory-built units manufactured or delivered prior to sale or sold or offered for sale in this state must bear a data plate giving the model, serial number, date of completion, and design load maximums: i.e., wind, snow, floor live load, and seismic design.

(2) The data plate must be permanently affixed either to the inside or the outside of the electrical distribution panel door or other location easily visible without the use of tools or special knowledge to access the data plate.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Any manufacturer of units shall make application to the bureau for plan review of a model or model group prior to construction. The application shall include:

(a) the plan and system inspection fees as required by ARM 24.301.565;

(b) the quality control manual as outlined in ARM 24.301.536 and 24.301.543;

(c) substantiating calculations or test results indicating details of construction, plumbing, mechanical, and electrical plans when such details are required;

(d) one copy of the complete plans and specifications drawn on paper of sufficient size to provide complete details of work proposed or presented electronically in such a manner as to provide complete details of work proposed which must show:

(i) dimensioned floor plan(s);

(ii) proposed use of rooms and method of ventilation;

(iii) size, type and location of windows and exterior doors;

(iv) all necessary cross sections;

(v) floor, wall, ceiling, and roof construction details;

(vi) typical connections;

(vii) design live and dead loads;

(viii) grade and quality of materials; and

(ix) substantiating calculations or test results, where required including energy calculations as applicable.

(e) the following electrical specifications must be set forth in the plan:

(i) type and size of feeder assembly;

(ii) voltage and amperage of branch circuit panelboard;

(iii) branch circuit identification, amperage, or overcurrent protection device wire size and type;

(iv) voltage and amperage of fixed appliances;

(v) location of all appliances and fixtures;

(vi) location of all electrical outlets (receptacles and lights);

(vii) number of outlets and appliances on each circuit and circuit rating.

(f) the plan may be drawn to scale or schematic. It must set forth the following mechanical information:

(i) description of all materials, appliances, fittings, pipe, tubing, vents, and ducts;

(ii) BTUH input rating of all fuel burning appliances;

(iii) size of openings for combustion air, except where combustible air is an integral part of an approved appliance;

(iv) size, length, type, and location of vents and vent connectors;

(v) type, minimum dimension, and gauge of air ducts;

(vi) minimum free area and location of circulating air supply inlet; and

(vii) minimum free area and location of all air openings.

(g) the plan may be drawn to scale or schematic. It must set forth the following plumbing specifications:

(i) description of all materials, fixtures, fittings, pipe tubing, shower stalls, and walls;

(ii) diameter and type of pipe and tubing, and length of all trap arms;

(iii) size and type of fittings;

(iv) grade of drainage piping; and

(v) method of securing all piping.

(1) Manufacturers of units shall make application to the bureau for an in-plant quality control manual review. The application submittal shall contain at least the following:

(a) an outline of the procedure which will direct the manufacturer to construct units in accordance with the reviewed plans as set forth in ARM 24.301.543;

(b) one copy of all documents submitted for review, which shall be on substantial paper or cloth not less than 8 1/2" x 11" or electronically in a format acceptable to the department;

(c) an application on forms supplied by the bureau; and

(d) inspection fees as required by ARM 24.301.565.

(2) The load bearing capacity of elements or assemblies may be established either by calculations in accordance with generally established principles of engineering design or by tests acceptable to the bureau. When the composition or configuration of elements, assemblies or details of structural members are such that calculations of their safe load-carrying capacity and basic structural integrity cannot be accurately determined in accordance with generally established principles of engineering design, structural properties of such members or assemblies may be established by the results of tests acceptable to the bureau.

(3) All tests shall be performed by a testing agency as defined in ARM 24.301.511 or shall be directed, witnessed and evaluated by an independent licensed architect or engineer. The architect or engineer shall submit his evaluation of test results and recommendations accompanied by test reports from the laboratory to the bureau.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) A plan review issued by the bureau shall remain in effect through December 31 of the year following the original year of approval and through December 31 of each subsequent year of renewal as established in ARM 24.301.550 or until withdrawn or revised by the manufacturer or until revoked by the bureau.

(2) A plan review will be revoked by the bureau upon:

(a) the department's adoption of a different version of codes applicable to that particular review;

(b) a finding that a manufacturer is not complying with the plan as reviewed; or

(c) a finding that a manufacturer has used materials not listed and reviewed by a listing agency, or reviewed as an alternate or equivalent by the bureau.

(1) The manufacturer shall submit a manual or shall reference an applicable manual previously reviewed by the bureau, outlining a program of quality control concurrent with their request for plan review. The program outlined must meet the standards of and be reviewed and approved by the bureau. In addition, the manufacturer shall designate a company or corporate officer or other responsible person to be responsible for the quality control program, and shall maintain records to substantiate that each unit has been inspected and complies with the plans as reviewed and approved by the bureau. The bureau may make periodic inspections and may condition the issuance of insignia on compliance with these rules by the manufacturer. Approval of in-plant quality control does not constitute approval of any submitted application, plans, or insignia.

(2) The following specific information is required for the quality control manual:

(a) scope and purpose of the manual;

(b) inspection procedure for basic materials;

(c) material storage and stock rotation procedure;

(d) drawings and bill of material;

(e) types and frequency of product inspection;

(f) sample of inspection control form used;

(g) record-keeping procedures for quality control forms;

(h) list of major pieces of production equipment;

(i) where responsibility for quality control program lies;

(j) test procedural manual, including electrical, gas line, water systems and drain/vent/plumbing fixture tests and type of test equipment used; and

(k) list of test equipment.

(a) A manufacturer shall make a formal request in writing to the bureau for transmittal of the plan review(s) and/or system review(s) and quality control manual review(s) .

(b) The request shall designate the model(s) and/or system review(s) numbers to be transmitted.

(c) Two reproductions of the original manufacturer's review shall be submitted. The reproductions shall show the review stamp of the reviewing state.

(d) After recording of transmitted plan review(s) and/or system review(s) , the reviewing state shall notify the manufacturer of its acceptance or rejection of the plan(s) and/or system(s) . One copy of the plan(s) and/or system(s) bearing the mark or stamp of review of both states shall then be returned to the manufacturer by the state receiving the transmittal and granting the additional review.

(1) Where the manufacturer proposes changes in the construction, plumbing, mechanical, or electrical equipment or installations or where these rules are amended to necessitate such change, one set of supplemental detailed plans and specifications of such changes shall be submitted to the bureau for plan checking and comparison. Plans shall be accompanied by a letter of transmittal and the plan inspection fee pursuant to ARM 24.301.565. When such supplemental details do not constitute a new model, the supplemental details will be filed with and become part of the existing plan review. Where the supplemental details constitute a model change, application for plan review is to be processed as for a new model.

(2) A model designation may be changed or added by filing an amended application and plan inspection fee pursuant to ARM 24.301.565.

(3) Where the manufacturer proposes changes to the quality control manual, one copy of such changes shall be submitted to the bureau for approval accompanied by a quality control manual inspection fee pursuant to ARM 24.301.567.

This rule has been repealed.

(1) Each unit manufactured, sold, or offered for sale in this state shall bear a legible manufacturer's identifying serial number. Each unit shall also bear a separate identification which shall include the date of manufacture and, where applicable, the plan review number. When the date of manufacture is coded, the bureau shall be informed of the method of coding.

(2) The manufacturer's identifying serial number and the bureau's insignia shall be permanently attached to the exterior wall adjacent to the rear or side exit.

(1) Except as established in ARM 24.301.542 for original plan approvals, the manufacturer shall make application to have their plans renewed for the following year prior to the December 31 expiration date of each year. At the time of renewal, plans which have not been changed do not require the submission of plans. If any changes have been made, an updated plan must be submitted. The application shall be accompanied by the fee listed in ARM 24.301.565. If the department adopts new versions of codes applicable to the plans, then renewal of existing plans reviewed under the previous codes are not allowed and an updated plan is required.

(1) All units manufactured or delivered prior to sale or sold or offered for sale in Montana shall bear a bureau insignia and if applicable the insignia of a reciprocal state or the certified third party inspection agency. Each insignia shall be assigned and affixed to a specific unit. Assigned insignia are not transferable and are void when not affixed or assigned, and all such insignias shall be returned to or may be confiscated by the bureau. The insignia shall remain the property of the bureau and may be reappropriated by the bureau in the event of violation of the conditions of approval.

(1) The unit manufacturer shall make application for an insignia for each individual unit manufactured. The application shall be submitted to the bureau on the proper bureau form, accompanied by the insignia fees pursuant to ARM 24.301.566. The application shall include the model number of the approved model the insignia will be applied to and the serial number(s) for each individual unit the insignia(s) will be applied to.

(2) The third party inspector of record for the manufacturer producing the model shall receive the insignia(s) from the bureau and will be responsible to permanently imprint the unit serial number on the insignia when insignia is affixed to the unit pursuant to ARM 24.301.549.

(3) An insignia obtained pursuant to the provisions provided by ARM 24.301.558 shall be utilized within 12 months of the date of issuance. An insignia which is not utilized within said period, shall be deemed void and shall be promptly returned to the bureau. No refund or credit for an insignia fee shall be issued for a void insignia.

(1) In the event that any unit bearing the insignia is found to be in violation of these rules, the bureau may remove the insignia after furnishing the manufacturer with a written statement of such violations. The bureau will not issue a new insignia until corrections have been made and the manufacturer has requested an inspection pursuant to ARM 24.301.567.

(2) No person or persons may remove or cause to be removed an insignia of inspection without prior authorization of the bureau.

(1) When an insignia becomes lost or damaged, the bureau shall be notified immediately in writing by the third party certification and inspection agency. The notice shall specify the manufacturer, the unit's serial number and, when possible, the insignia number.

(2) All damaged insignia shall be promptly returned. Damaged and lost insignia will not be replaced by the bureau. An application for a new insignia will be required and delivered by the bureau upon payment of the insignia fee as provided in ARM 24.301.566.

(1) Any alteration or conversion of the construction, plumbing, mechanical, or electrical equipment prior to or during installation of a factory-built building, which bears an insignia, shall void such review, and the insignia shall be returned to or be confiscated by the bureau, unless the review of the bureau is first obtained.

(2) The following changes shall not constitute alterations according to the provisions of this rule:

(a) repairs with approved component parts;

(b) conversion of listed fuel burning appliances in accordance with the terms of their listing;

(c) adjustment and maintenance of equipment; and

(d) replacement of equipment in kind.

(a) make and model of the unit;

(b) serial number;

(c) bureau insignia number;

(d) complete description of the work to be performed, together with plans and specifications when required;

(e) location of the unit where work is to be performed;

(f) alteration or conversion inspection fee;

(g) name and address of the manufacturer or dealer of the unit.

(2) Upon completion of the alteration or conversion, the applicant shall request the bureau to perform an inspection.

(2) Any new unit delivered to the state of Montana, either to a sales lot or placed on location, that does not bear a bureau insignia, pursuant to ARM 24.301.557(1) , shall be posted with a prohibited sales notice and shall not be sold and/or occupied until such time as it bears said insignia.

(1) The following are the plan and system review fees to be charged by the department:

(a) Quality control manual: $20

(b) Units with one or two parts:

(i) structural review 325

(ii) plumbing review 35

(iii) electrical review 35

(iv) mechanical review 35

(c) Units with three or four parts:

(i) structural review 450

(ii) plumbing review 55

(iii) electrical review 55

(iv) mechanical review 55

(d) Units with five or more parts:

(i) structural review 650

(ii) plumbing review 75

(iii) electrical review 75

(iv) mechanical review 75

(e) Plan resubmission or revision:

(i) structural review 125

(ii) plumbing review 20

(iii) electrical review 20

(iv) mechanical review 20

(f) Plan supplement: $20 per unit

(g) Plan renewal:

(i) $100 for each set of documents describing a unit which is to be utilized during the next approved plan period. Obsolete plans or specifications are to be removed at the time of plan renewal by written notification at no additional cost.

(1) The following are the insignia fees to be charged by the department:

(a) Factory-built buildings - $40 per part. This insignia fee covers the building construction, plumbing, electrical and mechanical.

(1) Field technical service fees - $45, provided that such service is not in excess of one hour in duration. Twenty-five dollars for every 30 minutes or fractional part thereof in excess of one hour.

(2) Out-of-state manufacturers may be subject to at least one on-site review per year. They shall pay the following on-site review fee which shall be the same as those to be paid by manufacturers who request inspections:

(a) Requested out-of-state inspection or field technical service fee - total travel cost based on published air fare, or equivalent rate, between Helena, Montana, and the point of inspection, plus necessary supplemental surface transportation, reimbursement for food and lodging consistent with state of Montana per diem and mileage rate, and inspection fees of $45 per hour, not to exceed eight hours in any one day.

(2) Upon receipt of a notice of violation, the manufacturer shall notify the bureau in writing within 10 days of the action taken to correct the violations. The manufacturer so served shall not move said unit or cause it to be moved until the bureau is notified of its destination or disposition. If the unit is posted with a prohibited sales notice, such notice shall not be removed until authorized by the bureau.

(3) Upon correction of a violation as posted, a reinspection shall be called for and appropriate fees shall be paid as listed in ARM 24.301.565 through 24.301.567.

(2) The hearing board for such violations or noncompliance shall be the Department of Labor and Industry.

(3) The hearing board shall hold hearings for any purpose deemed by the bureau to be necessary for the enforcement of Title 50, chapter 60, MCA, and these rules.

(4) Any person aggrieved by an order or decision of the bureau may request and shall be granted a hearing on the matter before the hearing board. Such person shall file with the bureau a written petition requesting such hearing, which shall set forth a brief statement of the grounds thereof.

(5) Upon receipt of such petition, the bureau shall set a time and place for such hearing and shall give the petitioner written notice thereof by certified mail. Said hearing shall commence no later than 30 days after the day on which said petition was filed; however, the bureau may postpone the date of such hearing for a reasonable time beyond such 30-day period if the bureau determines that good and sufficient reasons exist for such postponement.

(6) All hearings shall be held in accordance with the provisions of Title 50, chapter 60, MCA, and the Montana Administrative Procedure Act.

(7) Upon conclusion of such hearing, the bureau shall notify the petitioner in writing by certified mail of its decision in the matter within 30 days after termination of the hearing.

This rule has been repealed.

(1) Subject to the provisions of Title 50, chapter 60, part 7, MCA, the department adopts and incorporates by reference the following conveyance codes promulgated by the American Society of Mechanical Engineers (ASME):

(a) Safety Code for Elevators and Escalators, ASME A17.1, 2019 edition, excluding the following subsections: 2.13.5; 2.13.5.1; 2.13.5.2; 2.13.5.3; 2.13.5.3.1; 2.13.5.4; 2.13.5.4.1; 2.13.5.4.2; 2.13.5.5; 2.13.5.6; 2.27.1.1.3; 2.27.1.1.4; and 2.27.1.1.6;

(b) Safety Code for Existing Elevators and Escalators, ASME A17.3 2018 edition; and

(c) Safety Standard for Platform Lifts and Stairway Chairlifts, ASME A18.1 2017 edition.

(2) Inspection, code compliance, and enforcement of hoistway enclosure standards are the responsibility of the appropriate authority having jurisdiction for inspection and enforcement of the building code. The building code, as adopted in ARM 24.301.131, shall have jurisdiction over the structural integrity of the hoistway enclosure, and the elevator code, as defined in (3), shall have jurisdiction over the hoistway shaft.

(3) The codes and standard referenced in (1), together with Title 50, chapter 60, part 7, MCA, and this subchapter, are collectively referred to as the "elevator code." A copy of the ASME codes and standards may be obtained from the American Society of Mechanical Engineers, P.O. Box 2300, Fairfield, NJ 07007-2300, or www.asme.org.

(1) "Conveyance" as used in this rule means the equipment, associated parts, and hoistways set forth at 50-60-704(1), MCA. It does not include conveyances in private residences, farms, or ranches.

(2) "Conveyance work" means the design, construction, alteration, operation, maintenance, repair, inspection, installation, and testing of the equipment set forth at 50-60-704(1), MCA.

(3)  "Hoistway enclosure" means the fixed structure of vertical walls or partitions, that isolates the hoistway from other areas or from an adjacent hoistway and in which entrances are installed.

(4)  "Hoistway shaft" means an opening through a building or structure for the travel of an elevator, dumbwaiter, or material lift, extending from the pit floor to the roof, or the floor above.

(5) "Private residences" for the purposes of applying the permit exclusion at 50-60-703, MCA, include only those conveyances contained wholly within a single, private residence, for personal use by the owner. Conveyances to which the public may gain access are not deemed to be within a private residence. However, any person performing conveyance work in a private residence or on a farm or ranch is still subject to the elevator contractor, mechanic, and inspector licensing requirements in Title 37, chapter 73, MCA.

(6) "Stop" for the purpose of fee calculation is any vertical or horizontal location of the elevator opening, escalator, or moving walk which is used to receive or discharge passengers or freight.

(1) An elevator contractor may not erect, construct, install, or alter any conveyance subject to the provisions of Title 50, chapter 60, MCA, unless the elevator contractor has first submitted plans, paid the fee, and obtained a permit from the department.

(2) The plan review and permit fee for new installations and alterations of a conveyance is:

(a) valuation up to and including $40,000 $200

plus $50 per stop excluding lifts

(b) valuation over $40,000 $200

plus $50 per stop excluding lifts,

plus $3 for each $1,000 or fraction thereof over $40,000

(3) Whenever a new conveyance is proposed to be installed or alterations are proposed to an existing conveyance in a certified building jurisdiction, the elevator contractor must provide that jurisdiction with a copy of the plans submitted to the department.

(4) The permit holder must contact the department or a licensed elevator inspector for an inspection of a newly installed or altered conveyance a minimum of ten working days prior to the scheduled or anticipated date for placing the conveyance in use.

(a) Prior to calling for inspection of a newly installed or altered conveyance, the permit holder must ensure all aspects of the installation or alteration are complete and ready for inspection, including, but not limited to:

(i) the functioning of all conveyance components; and

(ii) completion of all related electrical, mechanical, fire alarm, fire suppression, and building construction work to the shaft, machine room, and related areas.

(b) If upon the requested arrival of department personnel, the conveyance is not ready for inspection, the permit holder shall be responsible for the inspection fee despite the inability to complete the inspection, and will be responsible for all subsequent inspections.

(5) Permits will expire as provided by 50-60-709, MCA.

(6) In addition to the criteria provided at 50-60-709, MCA, a permit may be revoked and subject to an administrative hearing under 50-60-105, MCA, for:

(a) having a reasonable cause finding of unprofessional conduct, as defined in 37-1-402 and 37-1-410, MCA, against a licensed elevator contractor or mechanic that relates to the safety of the conveyance, subject to the permit; or

(b) failure to obtain or maintain insurance as required in 50-60-716, MCA.

(1) No conveyance may be operated prior to inspection by an authorized elevator inspector and issuance of a current certificate of inspection from the department.

(2) Except for registered freight elevators, which require inspection every two years, all other registered conveyances require inspection on an annual basis. The department may require more frequent intervals as part of a plan of correction.

(3) The department will schedule and conduct inspections and will issue a certificate of inspection upon:

(a) payment of the inspection and certificate fees; and

(b) a determination by either a private, licensed elevator inspector or a department inspector that the conveyance is in compliance with the elevator code.

(4) The department will charge the full inspection fee for mutually scheduled inspections in which department inspectors arrive to find the conveyance not yet ready for inspection.

(5) The department may require correction of deficiencies prior to the next annual inspection, as it determines in the interest of public safety.

(6) When a department inspection reveals a deficient condition, the department, within 24 hours, will issue a corrective notice providing the owner or lessee 45 days to correct the deficiencies. Failure by the owner or lessee to correct the deficiencies or to submit a plan of correction acceptable to the department within the time stated will result in the issuance of a formal notice and order to stop operation of the conveyance.

(7) A duplicate certificate of inspection will be issued for no fee.

(8) The fee for each separate department of inspection (annual, biennial, or accident) is:

(a) elevator, escalator, and moving walk    $140 per conveyance

plus $50 per stop

(b) lifts     $100 per conveyance

(c) department processing fee for a condition

report issued by licensed private inspector     $10 per conveyance

(d) certificate of inspection fee $10 per conveyance

(e) initial inspection for elevator, escalator, or moving walk    $140 per conveyance

plus $50 per stop

(9) An owner shall post in a conspicuous place in or on each conveyance, the current certificate of inspection or information on how to obtain a copy of it.

This rule has been repealed.

This rule has been repealed.

(1) When a conveyance is involved in an accident causing injury or death, an owner or lessee aware of such accident must submit a written report to the department within 72 hours. The department must inspect the conveyance involved in the accident, charge the appropriate fee, and, if necessary, require corrective action.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) When an owner or lessee of a conveyance engages a licensed private inspector to conduct an inspection of a conveyance, the inspector must complete a condition report in a manner prescribed to the department within three days of the inspection.

(2) Upon receipt of the $10 fee for receiving and processing the condition report, and a $10 certificate inspection fee, the department shall issue certificates of operation for all conveyances certified by the licensed private inspector to be in compliance with the elevator code and the currently adopted edition of the International Building Code as provided by ARM 24.301.131, or that deficient conditions in a past condition report have been corrected and no department inspection is necessary.

(3) The department may inspect any conveyance that has been the subject of a deficient condition report submitted by a licensed private inspector and charge the owner or lessee the department's inspection fee.

(1) Whenever the department finds that a deficient condition presents an imminent threat to public safety or welfare, it may immediately post a stop-work order in a conspicuous place on or near the conveyance and perform a "tag-out" and "lock-out" to deactivate the conveyance, pending satisfactory correction by the owner or lessee. The owner or lessee shall ensure the stop-work order is legibly maintained as posted by the department.

(2) Only after the department determines that the public safety threat has been sufficiently abated may it authorize removal of the stop-work order and reactivation of the conveyance.

(3) Only a department inspector may reverse the stop-work order imposed under this rule after personal reinspection of the conveyance.

(4) The owner or lessee may appeal a stop-work order by requesting an administrative hearing as authorized by 50-60-105, MCA. 

(2) Title 50, chapter 74, MCA, does not give the Department of Labor and Industry jurisdiction over unfired pressure vessels, therefore the provisions contained herein are not applicable to unfired pressure vessels.

(1) The Department of Labor and Industry, referred to as department in this and all subsequent rules, adopts and incorporates by reference the following sections of the American Society of Mechanical Engineers (ASME), Boiler and Pressure Vessel Code, 2021 edition, referred to as Boiler and Pressure Vessel Code, unless another edition is specifically stated:

(a) Section I, Rules for Construction of Power Boilers;

(b) Section II, Parts A, B, C, and D, Material Specifications;

(c) Section IV, Rules for Construction of Heating Boilers, Except Part HLW, Lined Water Heaters;

(d) Section V, Nondestructive Examination;

(e) Section VI, Recommended Rules for the Care and Operation of Heating Boilers;

(f) Section VII, Recommended Guidelines for the Care of Power Boilers;

(g) Section IX, Welding and Brazing Qualifications; and

(h) Section XIII, Rules for Overpressure Protection.

(2) The department adopts and incorporates by reference the American Society of Mechanical Engineers publication CSD-1, Controls and Safety Devices for Automatically Fired Boilers, 2018 edition, referred to as CSD-1, unless another edition is specifically stated.

(3) The Boiler and Pressure Vessel Code and CSD-1 are nationally recognized codes setting forth minimum standards and requirements for the construction, operation, and safety of boilers. A copy of the Boiler and Pressure Vessel Code and CSD-1 may be obtained from the American Society of Mechanical Engineers, ASME Headquarters, Two Park Avenue, New York, NY 10016-5990; or https://www.asme.org.

(1) "Alteration" means any change in an item described on the original manufacturer's data report, which affects the pressure containing capability of the boiler.

(2) "ASME" means the American Society of Mechanical Engineers.

(3) "Boiler" means a closed vessel in which water is heated, steam is generated, steam is super-heated, or any combination thereof, under pressure or vacuum, for use external to itself, by the direct application of heat from combustible fuels or electricity. The term boiler includes fired units for heating or vaporizing liquids other than water, where these units are separate from processing systems and complete within themselves.

(4) "Certificate of inspection" means the boiler inspection report issued by either the department or an insurance company following a boiler inspection.

(5) "Degrees" means Fahrenheit or equivalent Celsius.

(6) "Design professional" means a person who, by reason of special knowledge and use of the mathematical, physical, and engineering sciences, and the principles and methods of engineering analysis and design acquired by engineering education and engineering experience, is qualified to practice engineering, and who has been licensed as a professional engineer, and who has experience with boiler design and repair.

(7) "External inspection" means an inspection of the external portions of a boiler, preferably made when the boiler is in operation.

(8) "High temperature water boiler" (power hot water) means a water boiler intended for operation at pressures exceeding 160 psig and/or temperatures exceeding 250 degrees F.

(9) "Hot water heating boiler" means a boiler operating at pressures not exceeding 160 psig and/or temperatures not exceeding 250 degrees F., at or near the boiler outlet, designed to heat water for circulation through an external heating system.

(10) "Hot water supply boiler" means a boiler, completely filled with water, intended for operation at pressures not exceeding 160 psig and/or temperatures exceeding 250 degrees F., measured at or near the boiler outlet, that furnishes hot water to be used external to itself.

(11) "Inspector" means a state inspector or special boiler inspector.

(12) "Internal inspection" means as complete an examination as can reasonably be made of the internal surfaces of a boiler while it is shut down, when such manhole plates, handhole plates, or other inspection opening closures are opened or removed for cleaning or repair.

(13) "National board" means the National Board of Boiler and Pressure Vessel Inspectors.

(14) "National board certificate" means a National Board of Boiler and Pressure Vessel Inspectors' commission.

(15) "Operating certificate" means a certificate issued by the department which authorizes the owner or user to allow the boiler to be operated.

(16) "Owner" means any person, firm, corporation, state, county, municipality, or other entity owning, or possessing for operation any boiler within the state of Montana.

(17) "Potable water" means water which is utilized for drinking, culinary, and domestic purposes.

(18) "Power boiler" means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig.

(19) "Pressure vessel" means an unfired closed container in which pressure is obtained from an external source, the application of heat from an indirect source or from a direct source other than a boiler.

(20) "PSIG" means pounds per square inch gauge or equivalent metric units.

(21) "Repair" means the work necessary to restore a boiler to a safe and satisfactory operating condition.

(22) "Special boiler inspector" means a person, other than a state inspector, authorized by the department to perform boiler inspections.

(23) "Standard boiler" means a boiler that bears a state stamp, the stamp of another state which has adopted equivalent boiler construction standards, an ASME stamp, a national board stamp, or other approved stamp acceptable to the department.

(24) "State boiler inspector" means a person employed by the department for the purpose of inspecting boilers.

(25) "State special boiler" means a boiler that is not a standard boiler, which must be granted a special operating certificate by the department prior to being operated.

(26) "Steam heating boiler" means a steam or vapor boiler operated at pressures not exceeding 15 psig.

(27) "Temporary boiler" means a boiler, such as a portable rental boiler, which is intended to be utilized at a temporary location and such usage permits it to be readily moved from one location to another.

(28) "Traction engine" means a historic model, historic power boiler, portable steam engine, donkey engine, steam car, steam boat, steam locomotive, historical vertical boiler, or steam tractor utilized primarily for exhibition purposes.

(29) "User" means any person, firm, corporation, state, county, municipality, or other entity operating any boiler within the state.

(30) "Water heater or water heating system" means a closed vessel or combination of appliances and/or apparatus, consisting of corrosion resistant elements, operating at pressures not exceeding 150 psig and/or temperatures not exceeding 210 degrees F., which supplies potable hot water as regulated by the state plumbing code.

(1) Section 50-74-105 , MCA, requires any person purchasing a boiler, not exempt from the rules of this subchapter, to give notification to the department, within 10 days of purchase, as to the boiler's intended location and the timetable for installation.

(2) Notification to the department of the boiler purchase shall be in writing or via telephone call.

(2) Operating certificates for boilers inspected by the department will be issued following the boiler inspection(s) , proper notification to the department of corrections of all deficiencies found during inspection, submission of the boiler inspection report/invoice and payment of the fee(s) imposed by 50-74-219 , MCA.

(3) Operating certificates for boilers inspected by insurance companies may be issued following submission of boiler inspection reports, approved by the insurance company's special boiler inspector, to the department and payment of the operating certificate fee, by the owner or user, as required by 50-74-219 , MCA. Owners and/or users will receive notification for payment of the operating certificate fee from the department.

(4) Operating certificates are valid for 12 months from the date of issuance, unless the expiration date is extended by the department, pursuant to the longer inspection intervals authorized by 50-74-209 , MCA.

(5) Operating certificates issued for a boiler inspected by a special boiler inspector, shall be valid only if the boiler continues to be insured by an authorized insurance company or until the expiration date.

(6) When an accident occurs which renders a boiler inoperative, the owner or user shall notify the department as soon as it is practical.

(1) Prior to the department issuing an operating certificate for a boiler, the applicant shall make payment to the department the applicable fee(s) as required by 50-74-219 , MCA. The fees established are as follows:

(a) operating certificate                                                                              $36

(b) internal inspection                                                                                  80

(c) external inspection:

(i) hot water heating and supply                                                                  40

(ii) steam heating                                                                                         55

(iii) power boiler                                                                                           75

(d) special inspection 50 per hour plus expenses

(2) The owner and/or user of a boiler, inspected by a special boiler inspector and insured by an insurance company, shall, within ten days of receipt of notification from the department, remit the operating certificate fee, as outlined in (1)(a), to obtain a boiler operating certificate from the department.

(3) The operating certificate fee is required for each boiler inspected.

(4) Refunds or credit for fees remitted in error or based on false or incorrect information will be at the discretion of the department.

(5) The fee schedule established in (1) is repeated from 50-74-219, MCA, for the convenience of boiler owners and users.

(a) boilers under federal control;

(b) steam heating boilers operated at not over 15 psig in private residences or apartments of six or less families or whenever a single boiler provides heat for six or less apartment (dwelling) units;

(c) hot water heating or supply boilers operated at not over 50 psig and temperatures not over 250 degrees F. when in private residences or apartments of six or less families or whenever a single boiler provides heat for six or less apartment (dwelling) units;

(d) unfired pressure vessels; or

(e) water heaters or water heating systems operating at pressures not exceeding 150 psig and/or temperatures not exceeding 210 degrees F. which are utilized to supply potable hot water as regulated by the state plumbing code. Maximum operating pressures and temperatures shall be determined by the listing(s) on the manufacturer's data plate. Examples of exempted water heaters and water heating systems include, but are not limited to, lined potable water heaters, hot water heaters of corrosion resistant elements utilized in conjunction with lined potable storage vessels, instantaneous type water heaters designed to deliver potable hot water without storage, water heating systems which utilize an approved heat exchanger to heat potable water and other similar systems.

(2) The applicant for special boiler inspector certification shall submit documentation with his/her application that indicates the applicant holds a current national board commission.

(3) Special boiler inspector certification and identification cards are issued for employment with a specific insurance company and are not valid when the special boiler inspector is no longer employed by said company.

(4) Insurance companies shall notify the department of changes in the employment status of its special boiler inspectors and shall furnish to the department, upon request, a roster of its inspectors.

(5) Upon the effective date of these rules, special boiler inspectors, presently employed by insurance companies to inspect boilers in this state and whose names appear on the insurance company's initial roster, submitted to the department, will receive the credentials from the department, as outlined in 50-74-202 , MCA, without application.

(a) new boiler insured;

(b) boiler with insurance canceled;

(c) boiler with insurance not renewed;

(d) boiler with insurance suspended; or

(e) boiler refused for insurance.

(2) The written notification of boiler status, referenced in (1), shall be filed with the department within 30 days of the change in boiler status and shall include all applicable boiler information (boiler identification number or stamp, owner, location, operating certificate number, etc.).

(3) If a special boiler inspector, upon inspection of a boiler, finds that the boiler or any of its parts are of such condition that the inspector's company refuses or suspends insurance, the company shall immediately notify the department.

(1) The requirements imposed by 50-74-206 and 50-74-209, MCA, regarding the requirements for boiler inspections, shall be as follows:

(a) All boilers not exempted from the rules of this subchapter are to be inspected prior to being placed into operation, unless authorization is obtained from the department to operate the boiler on a temporary basis.

(b) Upon notification to the department, in writing or via telephone, new boilers may be placed into operation prior to inspection, when scheduled for inspection within 90 days after being placed into operation.

(c) A bank of boilers is a row of similar or matched boilers connected to common header piping. Total input of a bank of boilers is the aggregate input of the individual boilers comprising the bank.

(d) Agricultural class boilers, such as those operated during the harvest by mint and honey producers, will be considered for longer inspection intervals on a case-by-case basis.

(e) The department may accept boiler inspection reports from insurance companies, which employ special boiler inspectors, subject to the following:

(i) Boiler inspection reports shall be filed with the department within 30 days after inspection in a manner acceptable to the department. Such report shall indicate the boiler has met the requirements imposed by Title 50, chapter 74, MCA, and that the boiler has been approved or rejected for operation by a special boiler inspector employed by the insurance company that insures the boiler.

(ii) All boilers which are insured by an insurance company employing a special boiler inspector shall be inspected within 90 days of the inspection due date. When a special inspector fails to inspect and submit a report to the department within this grace period, the department shall complete the required inspection and charge a fee pursuant to ARM 24.301.714.

(iii) The department may inspect any boiler, which is also inspected by a special boiler inspector employed by an insurance company. Whenever the department inspection confirms that the insurance company inspection report is substantially and materially incomplete, invalid, or unacceptable, the department may assess the insurance company the fee for a special inspection as imposed by ARM 24.301.714.

(2) Power boilers must be inspected internally:

(a) on an annual basis; or

(b) during a scheduled maintenance shutdown, with prior approval from the department and the insurance company, if the boiler is inspected by a special boiler inspector employed by the insurance company.

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(1) At the time of the initial boiler inspection, the state boiler inspector will assign and apply to the boiler a state identification number as directed by the department.

(2) Each steel boiler will be stamped by the inspector, utilizing letters and figures not less than 5/16" in height and arranged as follows: MTB 00000.

(3) Each cast iron boiler will be marked with a permanent marker in two locations and arranged as follows: MTB 00000.

(4) State identification numbers applied to boilers shall be maintained so as to be legible. When a boiler's state identification number becomes indistinct, the department will require the original number to be reapplied.

(1) All new boilers, unless otherwise exempt, to be operated in this state, shall be designed and constructed in accordance with the ASME code(s) adopted and incorporated in ARM 24.301.710.

(2) The department, at its discretion, may require documentation to verify new boilers are in compliance with the minimum construction standards imposed by the ASME code(s) . Documentation may include the manufacturer's data report, national board registration number, inspection reports or other documentation acceptable to the department.

(3) Boilers not designed or constructed in accordance with the ASME code(s) or boilers which do not have documentation for approval as a standard boiler may, at the discretion of the department, be considered for classification as a state special boiler and receive a special operating certificate.

(2) Repair of safety appliances shall be made in accordance with established standards and procedures. The department, at its discretion, may require documentation which verifies compliance with said standards and procedures. Documentation may include manufacturer's repair records, national board "VR" stamp certification, company repair records or other documentation acceptable to the department.

(2) The department, at its discretion, may require documentation which verifies repairs were completed in compliance with established standards, procedures and the ASME code(s) . Documentation may include welding certifications, weld records, certification by a design professional, national board "R" symbol stamp or other verifiable documentation acceptable to the department.

(3) Weld repairs to boilers shall not be initiated without authorization of the department or special boiler inspector if the boiler is insured by an authorized insurance company. Other repairs to boilers shall be reported to the department, by the party performing the work, within 30 days of completion of the work.

(4) Failure to report boiler repairs to the department, within 30 days of completion of the work, or to provide documentation as required in (2) above, may cause the department to deny issuance of the boiler operating certificate until such time as the imposed requirements are met.

(2) Alterations to boilers shall not be initiated without authorization of the department or special boiler inspector if the boiler is insured by an authorized insurance company.

(3) The department, at its discretion, may require documentation which verifies the proposed alteration(s) will be completed in compliance with established standards, procedures and the ASME code(s) . Documentation may include welding certifications, certification by a design professional, national board "R" symbol stamp or other verifiable documentation acceptable to the department.

(4) Failure to comply with the requirements contained in (1) , (2) and (3) above, may cause the department to deny issuance of the boiler operating certificate until such time as the imposed requirements are met.

(1) Traction engines shall not be placed into operation prior to the issuance of an operating certificate by the department, unless written permission is obtained from the department to operate the traction engine on a temporary basis.

(2) Every traction engine shall have a logbook, maintained by the owner or user, which indicates operational hours, repairs, defects, adverse operating conditions, or other information related to the boiler.

(3) At least 30 days prior to a public gathering or show of traction engines, the show promoter, manager, fair board, or other responsible party shall report to the department all traction engines that are intended to be operated in the show.

(4) The department adopts and incorporates by reference the following sections of the National Board of Boiler and Pressure Vessel Inspectors, National Board Inspection Code (NBIC), 2007 edition for all traction engines: Part II, Section 6, Supplement 1 and Supplement 2. A copy of the NBIC may be obtained from the National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, OH 43229-1183.

This rule has been repealed.

(2) This subchapter is promulgated in order to provide rules and guidelines, as required by 50-60-203 , MCA, to ensure that newly constructed public buildings and certain altered public buildings are readily accessible and usable by persons with disabilities, according to the principles applicable to accessibility in the state building code.

(3) The term "public building" as used in this rule means a building or facility owned or operated by a government entity or a private sector building or facility that is open to members of the public, as established in 50-60-101 , MCA.

(a) Subsection 1109.1, General is amended by adding the following: "When buildings or portions of buildings are required to be accessible, required building facilities shall be accessible as provided in this section. A person or entity may not be required to meet fully the accessibility requirements for buildings, in those rare circumstances where the person or entity can demonstrate that it is structurally impracticable, due to unique characteristics of terrain and/or not practicable in relation to the proposed usage of the building, as determined on a case-by-case basis, at the discretion of the building official."

(b) Subsection 1109.2, Toilet and Bathing Facilities is amended to read as follows: "Required toilet rooms and bathing facilities shall be accessible. Where a floor level is not required to be connected by an accessible route, the only toilet rooms or bathing facilities provided within the facility shall not be located on the inaccessible floor. At least one of each type of fixture, element, control, or dispenser in each accessible toilet room and bathing facility shall be accessible."

(i) A person or entity may not be required to meet fully the accessibility requirements for required toilet facilities, where the person or entity can demonstrate that it is structurally impracticable, due to unique characteristics of terrain and/or not practicable in relation to the proposed usage of the building, as determined on a case-by-case basis, at the discretion of the building official.

(c) The following examples are not intended to be inclusive of the provisions established in (a) and (b) above, but are provided to help clarify which facilities and plumbing fixtures are required to be accessible:

(i) In occupancies which include an office and a shop area, that requires one accessible restroom for employees, and the owner chooses to install an additional restroom, only one restroom is required to be accessible.

(ii) In occupancies which provide one accessible restroom and a shower is installed that is not a required fixture, the shower is not required to be accessible, even if it is located in the accessible restroom.

(d) In the new construction of establishments which serve food or beverages to be consumed on premises, on a case-by-case basis, the building official shall have the discretion to approve the installation of one unisex accessible restroom which includes a urinal, in lieu of one male and one female accessible restroom, when it can be demonstrated that due to an occupant load which will not exceed 20 seated persons, it would not be reasonable to require two separate accessible restrooms. The International Building Code shall be used to determine occupant load.

(e) In existing establishments, including those which serve food or beverages to be consumed on premises, on a case-by-case basis, the building official shall have the discretion to approve the addition of one unisex accessible restroom or to allow the alteration of the two existing restrooms to make one restroom single occupant unisex accessible and the other restroom single occupant unisex, when it can be demonstrated that it would be impractical to alter the existing facilities to include two separate accessible restrooms, one male and one female. In establishments which serve food or beverages to be consumed on premises, which provide two single occupant unisex restrooms, the unisex accessible restroom shall have a urinal.

(f) Business or commercial occupancies which are open to the public and located in portions of a private residence are required to be accessible even if those portions used for the business or commercial purposes are also used for residential purposes. The accessibility requirements extend to and include an accessible route from the sidewalk, through the doorway, through the hallway and other portions of the home, such as restrooms, used by clients and customers of the business or commercial occupancy.

(1) Section 50-60-213, MCA, requires that construction of a public building or alteration of primary function areas of a public building, which have not been issued a legal building permit prior to October 1, 1997, include compliance with the requirements of the IBC and the requirements established by ICC/ANSI A117.1, which include the building site, parking areas, passenger loading zones, private sidewalks and the accessibility from adjacent sidewalks, public streets and public transportation stops. Existing public buildings that are not undergoing an alteration to a primary function area are not subject to the accessibility requirements. Primary function area means an area of building or facility in which a major activity for which the building or facility is designed is carried out.

(2) An accessible exterior route must be provided to the building's accessible entrance from public transportation stops, accessible parking spaces and accessible passenger loading zones within the boundaries of the building site and from public sidewalks, if they exist, that are immediately adjacent to the building site. When more than one public building is on a building site, at least one accessible exterior route must connect all accessible buildings, facilities and elements on the site. An accessible exterior route must be the most direct route from the accessible public parking to the accessible public entrance. An accessible route is not required in cases when there is not a pedestrian route for the general public.

(3) Sections 1104 and 1106 of the IBC are each amended by addition of the following: "A person or entity may not be required to meet fully the accessible exterior route requirements for new buildings or alterations to existing buildings, where the person or entity can demonstrate that due to unique characteristics of the terrain, it is structurally impractical to fully comply, as determined on a case-by-case basis, at the discretion of the building official. Full compliance may be considered structurally impractical only in those rare circumstances when the unique characteristics of the terrain prevent the incorporation of accessibility features. The person or entity shall comply with the accessible facilities requirements to the extent that compliance is not structurally impractical."

(4) An alteration which affects the access to a primary function area of a building must be made accessible to the fullest extent possible to ensure that the path of travel to the altered primary function area and the restrooms, telephones and drinking fountains serving the altered primary function area are readily accessible and useable by persons with disabilities.

(5) During an alteration to a primary function area of a building or structure, a person or entity is not required to make alterations to the accessible path of travel if the costs are disproportionate to the cost of the alterations to the primary function area. Disproportionate costs are considered to be an amount that exceeds 20 percent of the cost of the alteration being performed to the primary function area. If the cost of altering a path of travel is disproportionate as referenced above, the path of travel must be made accessible to the extent possible without incurring disproportionate costs, utilizing the order of priority established in 50-60-214(2)(b), MCA.

(6) Each new building or alteration to an existing building which provides off street parking shall provide at least one accessible parking space with required additional parking spaces as established in Table 1106.1 and Section 1106. One van accessible parking space shall be provided for every eight accessible parking spaces, or fraction thereof. If only one accessible parking space is required, the space shall be a van accessible parking space. 

(a) Width of route: 36 inches minimum.

(b) Length of route: The most direct route to the accessible building entrance with passing spaces of 60 inches x 60 inches provided at intervals not to exceed 200 feet for routes with a clear width of less than 60 inches.

(c) Slope of route: The cross slope of a route (perpendicular to the direction of travel) shall not exceed 1:50 (1 vertical to 50 horizontal) . The maximum running slope (in the direction of travel) of a route may not exceed 1:20 (1 vertical to 20 horizontal) with portions of the route with running slopes steeper than 1:20 (1 vertical to 20 horizontal) considered ramps. If the terrain precludes development of accessible routes with running slopes of 1:8 (1 vertical to 8 horizontal) , it may be infeasible to develop accessible routes.

(d) Surface material: Surface texture of a route shall be stable, firm and slip-resistant, with all surface coverings securely attached. If carpet is used on the route it must have a firm cushion if a cushion is provided, and a maximum pile thickness of 1/2 inch. Other acceptable surface materials may include concrete, asphalt, wood and 3/8 inch minus crushed aggregate, with an acceptable bonding agent, compacted to a field density of 95% maximum dry density, which can be shown to be sufficiently durable to allow for snow removal and other maintenance activities without affecting surface stability, firmness or slip-resistance. The building official may approve alternate surface materials for accessible routes which will provide compliance with the requirements for surface texture.

(e) Vehicle parking space size per vehicle: 108 inches minimum wide by 216 inches long and shall include 60 inches minimum access aisle. A van accessible parking space shall have a minimum of 96 inches access aisle width. Two accessible parking spaces may share a common access aisle.

(f) Vehicle parking space and access aisle slope: To be level with surface slopes not exceeding 1:50 (1 vertical to 50 horizontal) in all directions.

(g) Signage requirements:  Parking spaces shall be designated as reserved by a post or wall mounted sign showing the symbol of accessibility.  Such signs shall be located so they cannot be obscured by a vehicle parked in the space and the sign shall be preferably located immediately adjacent to the designated space but no more than 10 feet from the designated space.  The sign shall also indicate that a permit is required and state the penalty for a violation as established in 49-4-302 and 49-4-307 , MCA. 

For the purposes of this chapter, the following definitions apply:

(1) "Advisory council" means the underground facility protection advisory council provided for by 69-4-520, MCA.

(2) "Call center" means a notification center, as defined in 60-4-501, MCA, that serves a designated geographical region of Montana for purposes of allowing excavators to obtain the location of underground facilities in the location where an excavation is proposed to occur. A call center is also known as a "call before you dig" center, or an "811" center.

(3) "Department" means the Department of Labor and Industry, as provided by 69-4-501, MCA.

(4) "Excavator" has the same meaning as provided by 69-4-501, MCA.

(5) "Incident" has the same meaning as provided by 69-4-501, MCA.

(6) "Underground facility owner" has the same meaning as provided by 69-4-501, MCA.

(1) A call center must submit an incident report to the department within 30 days of learning of an incident.

(2) The department shall accept incident reports submitted by a call center:

(a) on a department-approved reporting form:

(i) via U.S. Mail to Underground Facility Protection Program, P.O. Box 200517, Helena, MT 59620-0517; or

(ii) via fax to (406) 841-2050; or

(b) electronically:

(i) via e-mail to [email protected]; or

(ii) via the internet to the department's web site at http:\\ebiz.mt.gov.

(1) The department shall contact each call center serving Montana to determine when the last 100 locate requests were made, or the number of locate requests made in the past 12 months. Each call center shall provide the requested information within seven days of the department's request.

(2) To timely issue civil penalties as required by 69-4-524 and 69-4-525, MCA, if a call center does not respond within ten days of a request, the department may issue a civil penalty based solely on the number of locate requests identified by the call center that takes locate requests for the area in which the incident occurred.

(a) For good cause shown, a party to whom a civil penalty has been issued pursuant to (2) may seek a recalculation of the penalty based on information received from all call centers.

(b) The department may withdraw a civil penalty if the underground facility owner, pursuant to 69-4-529, MCA, timely notifies the department that the civil penalty is not required.

(3) A party aggrieved by the imposition of a civil penalty may dispute the penalty as provided for in ARM 24.301.1009.

(4) The department may refer for debt collection any civil penalty that has not been disputed and remains unpaid for more than 75 days after issuance.

(1) The department shall, as required by 69-4-529, MCA, assess a fine of $100 on an underground facility owner for each report the underground facility owner fails to timely file.

(2) A party aggrieved by the imposition of a fine may contest the fine as provided for in ARM 24.301.1009.

(3) A fine that has not been contested and which remains unpaid for more than 75 days after it was issued may be referred by the department for collection of the debt.

(1) To collect annual fees from underground facility owners, the department may, by contract or other agreement, have the call centers perform the annual billing.

(2) Any call center from which an underground facility owner has received locate requests may bill the underground facility owner.

(3) Underground facility owners shall pay the annual fees within 30 days of the date of the bill.

(4) The department may refer fees remaining unpaid for more than 90 days for collection.

(a) The department, in its sole discretion, may allow an underground facility owner billed an annual fee of less than $50 to defer payment of the fee until the following year. During the deferral period, the department will not refer an underground facility owner having a deferred annual fee to collection.

(b) The department will not defer payment of annual fees more than once every two years for an underground facility owner.

(5) The amount of the annual fee to be paid by an underground facility owner is $0.10 per outgoing locate request made by each call center.

(1) A party that timely disputes a civil penalty may, after first satisfying the mediation requirements of this rule, request a contested case with the department. The contested case must be held in accordance with the Montana Administrative Procedure Act and conducted by the department's Office of Administrative Hearings.

(2) The advisory council shall act as the mediator of disputed civil penalties and shall attempt to bring the parties to mutually acceptable resolution of the dispute.

(3) Mediation is a private, mandatory, informal, and nonbinding proceeding. Statements made during the mediation process, and the recommendations of the mediator, are not admissible in any other proceeding, and may not be offered in evidence in any other proceeding.

(4) The department shall promptly notify the advisory council of disputes arising under 69-4-524 or 69-4-525, MCA. The mediation must be conducted within 45 days of council notification.

(5) Mediation may be conducted by a majority of the advisory council, or the council chair may delegate the duty to a subset of the council.

(6) Mediation is conducted by telephone, unless the parties and the mediator agree to in-person mediation, and the parties waive the 45-day requirement.

(7) The department shall issue a written report of the council's recommendation to the parties within 15 days of the mediation.

(8) If the parties agree to a resolution of their dispute during mediation or within 20 days after the report is sent to the parties, the department shall notify the advisory council that the matter has been resolved.

(9) If the party disputing the civil penalty does not agree to resolve the matter, the party must request a contested case with the department within 20 days of the issuance of the mediation report.

(10) An underground facility owner that received a fine may contest the fine by requesting a contested case hearing with the department within 20 days of the fine being levied.

(11) Failure of a party to timely request a contested case with the department acts as waiver of the right to a contested case.

(12) Mediation conducted under this rule may be guided by, but is not bound by, the mediation procedures and rules applicable to workers' compensation matters, pursuant to Title 39, chapter 71, part 24, MCA, and ARM Title 24, chapter 28. 

(1) A call center that has received locate requests during the prior calendar year may apply for a training and educational grant.

(2) A grant application must be in writing, and:

(a) must address the following topics:

(i) the name of applicant;

(ii) the number of locate requests received by the applicant in the prior calendar year;

(iii) a description of each specific educational or training program that the applicant proposes to conduct;

(iv) the estimated cost or budget for each program identified in (iii); and

(v) a description of the audience each proposed program plans to target; and

(b) may provide such other information relevant to the applicant's existing or proposed programs, and should include an explanation of how the proposed programs will promote public safety with regards to underground facilities.

(3) Each call center in the state may submit one grant application per calendar year due on December 31. The department, in consultation with the advisory council, will review the applications and award one grant by March 31 for the previous calendar year application period.

(4) The amount of the grant will be the total amount of civil penalties and fines collected in the previous fiscal year.

(5) Grants will be awarded to call centers on an equitable basis, based upon the number of locate requests made in the prior year to all applicants. The equitable allocation may be affected by projected changes in the expected number of locate requests likely to occur during the next year.

(6) If no grant applications are received in a given year, the grant funds will roll over into the following year's grant amount.

(7) The department shall consult with the advisory council in determining how to distribute available grant funding. In making the grant distribution, the department will consider:

(a) whether the applicant has timely made reports as required by ARM 24.301.1012;

(b) the apparent effectiveness of the applicant's previous and existing educational and training programs, as judged by the frequency of incidents reported by the call center versus the number of locate requests made;

(c) whether the proposed programs integrate or coordinate with similar programs operated or proposed by other applicants;

(d) any trends or patterns of excavation activity that tend to show the need for a geographically targeted program to reach excavators and the public; and

(e) any other factors that the call center deems relevant to the grant application. 

(1) The department will provide each grant recipient a report form, which may be electronic, upon which the grant recipient shall report:

(a) the amount of the actual expenditures of the grant funds;

(b) the details of what expenditures were made, such as the number of signs printed, the number of public service announcements produced, or the type and number of advertisements purchased; and

(c) the perceived effectiveness of the materials or projects funded via the grant.

(2) The grant recipient is encouraged, but not required, to provide information to the department regarding:

(a) any problems encountered in conducting the grant-funded program;

(b) any recommendations on how to improve the grant-making process or programs implemented under a grant;

(c) any suggestions as how to improve or better promote the "call before you dig" program; and

(d) any suggestions as how to improve or better provide public information regarding underground facilities.

(3) The report must be sent to the department within 12 months of the date the grant was awarded.