(1) A city, county, or town, as provided by 50-60-102 , MCA, may adopt codes to cover buildings within their respective jurisdictional areas. 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 or plumbing codes for limited types of buildings, the Department of Labor and Industry, Building Codes Bureau retains authority to enforce building, mechanical, electrical and plumbing codes for all other buildings not covered by the city, county, or town and which are not exempt from department regulation.