BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 23.12.602, 23.12.604, and 23.12.606, concerning the Uniform Fire Code; the amendment of ARM 23.12.401 through 23.12.405, 23.12.407, 23.12.408, and 23.12.430, concerning fire safety; 23.12.501, 23.12.502, and 23.12.504, concerning fireworks; and 23.12.601, 23.12.603, and 23.12.605, concerning the Uniform Fire Code

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NOTICE OF REPEAL AND AMENDMENT

 

            TO:  All Concerned Persons

 

1.  On September 10, 2009, the Department of Justice published MAR Notice No. 23-12-212, pertaining to the public hearing on the proposed repeal and amendment of the above-stated rules at page 1535 of the 2009 Montana Administrative Register, Issue Number 17.  On September 24, 2009, the Department of Justice published an amended MAR Notice No. 23-12-212, at page 1608 of the 2009 Montana Administrative Register, Issue Number 18. 

 

2.  The department has repealed the following rules as proposed:  ARM 23.12.602, 23.12.604, and 23.12.606.

 

3.  The department has amended the following rules as proposed:  ARM 23.12.402, 23.12.403, 23.12.404, 23.12.408, 23.12.501, 23.12.502, 23.12.504, and 23.12.603.

 

4.  The department has amended the following rules as proposed, but with changes from the original proposals, new matter underlined, deleted matter interlined:

 

            23.12.401  DEFINITIONS  (1) through (7) remain as proposed. 

            (8)  "Explosive" means a chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion.  The term includes, but is not limited to, dynamite, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, igniters, and display fireworks.  See 1.3G (Class B, Special), International Fire Code, 2009 Edition. 

            (8) (9)  "Fire alarm system" means a system or portion of a combination system consisting of components and circuits arranged to monitor and annunciate the status of a fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals.  This definition does not include single- and multiple-station smoke or heat detectors alarms.

            (9) through (26) remain as proposed, but are renumbered (10) through (27). 

 

            23.12.405  APPOINTMENT OF SPECIAL FIRE INSPECTORS  (1) through (3) remain as proposed. 

            (a)  Any person appointed special deputy state fire marshal, except for a qualified inspector employed by another state agency, must have a degree in fire protection engineering or related field from a recognized institution of higher education, two years' experience in fire protection, or be IFC ICC Fire Inspector I or Fire Inspector II certified.

            (b) and (4) remain as proposed.

 

            23.12.407  CERTIFICATE OF APPROVAL FOR DAY CARE CENTERS FOR 13 OR MORE CHILDREN  (1) through (5)(g) remain as proposed.

            (h)  Every day care center shall provide operational smoke alarms or smoke detectors in locations designated by the FPIS or chief fire official. Smoke detectors alarms shall be tested at least every 30 days and a log of such tests maintained on the premises.  Smoke detectors connected to a fire alarm system shall be tested in accordance with the IFC.

            (i) through (8) remain as proposed.

 

            23.12.430  SERVICE TAGS  (1) through (5) remain as proposed.

            (6)  Stored pressure extinguisher tags must follow the guidelines listed in the National Fire Protection Association (NFPA) 10, 2007 Edition, and include the information listed in (3).

            (7) remains as proposed. 

 

            23.12.601  ADOPTION OF THE INTERNATIONAL FIRE CODE (2009 EDITION)  (1) through (3) remain as proposed.

            (4)  The design and construction requirements in NFPA 1/UFC IFC that apply to public buildings or places of employment are not included in this adoption.  The building code adopted by the Building Codes Bureau of the Department of Labor and Industry controls design and construction in Montana.  If there is any conflict between the construction standards in the IFC and construction standards set forth in the building code, the provisions of the building code control.  NFPA 1/UFC IFC construction standards only apply if no comparable building code construction standard exists.

            (a) and (5) remain as proposed.

            (a)  102.5 Application of residential code is not adopted.

            (b) through (f) remain as proposed, but are renumbered (a) through (e).

            (g)  (f)  202 General Definitions.  Insert GOVERNMENTAL FIRE AGENCIES.  Any fire department organized under Montana law under the jurisdiction of a city, county, state, fire district, or fire service area.

            (h) through (k) remain as proposed, but are renumbered (g) through (j).

            (k)  903.6 Existing buildings - is not adopted.

            (l)  906.1 Portable fire extinguishes - (1) Exception - is not adopted.

            (l) through (q) remain as proposed, but are renumbered (m) through (r).

            (r) (s)  Insert "3306.6.  The maximum quantities, storage conditions, and fire-protection requirements for gunpowder and ammunition stored in a building shall be as follows:  Smokeless powder and small arms primers or percussion caps shall be in accordance with 50-61-120 and 50-61-121, MCA."

            (s) and (t) remain as proposed, but are renumbered (t) and (u).

            (u) (v)  3406.2 Delete "farms and" from the heading, and "private use on farms and rural areas and" from the paragraph.

            (v) remains as proposed, but is renumbered (w).

            (w) (x)  Appendix A  Board of Appeals - is not adopted.  Appendix B - Fire Flows - is adopted.

            (x) (y)  Appendix D  Fire Apparatus Access Roads - is adopted, but Sections D106, D107, and D108 are not adopted.  Appendix C - Hydrants - is adopted.

            (y) (z)  Appendix E  Hazard Categories - is not adopted.  Appendix D - Access Roads:  Sections 101-105.3 - is adopted.

            (z) (aa)  Appendix F  Hazard Ranking - is not adopted.  Appendix I - Fire Protection Systems Non-Compliant Conditions - is adopted.

            (aa)  Appendix G  Cryogenic Fluids - Weight and Volume Equivalents - is not adopted.

            (ab)  Appendix J  Fire Protection Systems - Noncompliant Conditions - is not adopted.

 

            23.12.605  PROCESSES  (1) remains as proposed.

            (a)  Insert 2204.5  Fuel Dispensing in Rural Areas.  For public automotive motor vehicle fuel-dispensing stations located in rural areas:

            (b) and (c) remain as proposed. 

            (d)  2204.5.3.  Rural Bulk Plants.  Bulk plants located inside the districts defined as "rural" are permitted to incorporate motor vehicle fuel-dispensing stations.  The motor vehicle fuel-dispensing stations shall be separated by a fence or similar barrier from the area in which bulk operations are conducted.

            (e)  Insert 2204.6  Rural Motor Vehicle Fuel-Dispensing Stations.

            (f)  Insert 2204.6.1  Plans submittal.  Plans shall be submitted in accordance with these rules for public automotive motor vehicle fuel-dispensing stations located in rural areas.

            (g)  Insert 2204.6.2  Plans and specifications submittal.  Plans and specifications shall be submitted for review and approval prior to the installation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area.  A site plan shall be submitted which illustrates the location of flammable liquid, LP-gas, or CNG storage vessels, and their spatial relation to each other, property lines, and building openings.  Both aboveground and underground storage vessels shall be shown on plans.  For each type of station, plans and specifications shall include, but not be limited to, the following:

            1. remains as proposed.

            (h)  2204.6.3  Plan Approval.  Prior to the proposed renovation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area, an applicant shall obtain a letter of approval from the local fire official responsible for fire protection.  This letter and two sets of plans, blueprints, or drawings shall be submitted to the FPIS for examination and approval.

            (i)  Insert 2204.7  Locations of aboveground tanks.  Aboveground storage tanks are not prohibited for private use on farms and ranches.  EXCEPTION:  Pursuant to 50-3-103(6), MCA, there are no requirements regarding diked areas or heat-actuated or other shut-off devices for storage tanks containing Class I or Class II liquids intended only for private use. 

            (j)  Insert 2204.7.1  Disposal of Tanks.  Tanks shall be disposed of in accordance with the following:

            1. through (k) remain as proposed.

            (l)  Insert 3306.6  Hazardous Materials.  The maximum quantities, storage conditions, and fire-protection requirements for gunpowder and ammunition stored in a building shall be as follows:

            1. and 2. remain as proposed.

 

5.  The department has thoroughly considered the comments and testimony received.  A summary of the comments received (other than those that were withdrawn) and the department's responses are as follows:

 

            COMMENT 1:  The Lake County Attorney requested a definition for "explosives," since 50-3-102(3), MCA, refers to the department adopting "nationally recognized standards," and the fire codes are not readily accessible to all interested persons.

 

            RESPONSE 1:  The department has adopted the suggested language.

 

            COMMENT 2:  The Building Codes Bureau of the Department of Labor and Industry requested the deletion of the first and last sentence of the amendment to 23.12.601(4).

 

            RESPONSE 2:  The department made these changes.

 

            COMMENT 3:  The Billings Fire Department pointed out editing errors in citing from the International Fire Code.

 

            RESPONSE 3:  The suggested corrections have been made.

 

            COMMENT 4:  The Billings Fire Department requested the adoption of at least one sentence of 102.5 Application of Residential Code of the IFC.

 

            RESPONSE 4:  After discussion with several interested groups, it was decided that all of 102.5 would be adopted.

 

 

 

By:       /s/ Steve Bullock                                            /s/ J. Stuart Segrest                         

            STEVE BULLOCK                                       J. STUART SEGREST

            Attorney General                                           Rule Reviewer

            Department of Justice

 

Certified to the Secretary of State February 1, 2010.