24.301.201    EXTENT OF LOCAL PROGRAMS

(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.

History: 50-60-203, 50-60-302, 50-60-504, 50-60-603, MCA; IMP, 50-60-202, 50-60-203, 50-60-301, 50-60-302, 50-60-504, 50-60-603, MCA; NEW, 1979 MAR p. 142, Eff. 2/16/79; AMD, 1981 MAR p. 1055, Eff. 9/18/81; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1987 MAR p. 2237, Eff. 12/11/87; AMD, 1998 MAR p. 2563, Eff. 9/25/98; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2003 MAR p. 2299, Eff. 10/17/03; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2022 MAR p. 911, Eff. 6/11/22.