(1) The FPIS adopts and incorporates by reference the International Fire Code 2009 Edition (2009 IFC) with the additions and amendments enumerated in this subchapter. Copies of the 2009 IFC and related materials may be obtained from the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795.

(2) If there is any conflict between the IFC and the Montana Code Annotated, the provisions of the Montana Code Annotated control.

(3) This rule establishes a minimum fire protection code to be used in conjunction with the building code. Nothing in this rule prohibits any local government unit from adopting those portions of the IFC that are not adopted by the FPIS or standards which are more restrictive than the 2009 IFC.

(4) 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.

(a) This code shall apply to new construction as required in the building code and existing conditions. Existing buildings shall be maintained in accordance with the building code in effect at the time of construction. However, where existing conditions or buildings post an imminent hazard or risk to public health and safety and are not, therefore, within the purview of the building code, the FPIS may take corrective action pursuant to the provisions of 50-61-101, et seq., MCA, and 50-62-101, et seq., MCA.

(5) The following IFC sections are modified as shown:

(a) 104.2 Application and permits is not adopted.

(b) 105 Permits is not adopted.

(c) The Permit sections of the following chapters are not adopted: 3, 5, 6, 9, 11-13, and 15-44.

(d) 108 Board of Appeals is not adopted.

(e) 113 Fees is not adopted.

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

(g) 308.1.6 Open-flame devices is adopted, but deleting "except by a permit in accordance with Section 105.6 secured from the fire code official."

(h) 308.2 Permits required - is not adopted.

(i) 603.4 Portable unvented heaters is adopted, but the "Exceptions" are not adopted.

(j) 603.4.1 Prohibited locations - is not adopted.

(k) 903.6 Existing buildings - is not adopted.

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

(m) 1008.1.9 Door operations. Adopted adding the sentence "Exit doors shall not be locked, chained, bolted, barred, latched, or otherwise rendered unusable. All locking devices shall be of an approved type."

(n) 2206.7.9 Vapor-recovery and vapor-processing systems - including all subsections, are not adopted.

(o) 2403.2 Approval required. Adopted, but deleting "a permit and."

(p) 3301.1.3 Fireworks - is not adopted.

(q) 3301.2.2 through 3301.2.4.2 are not adopted.

(r) 3306.5.2.3 Small arms primers - is not adopted.

(s) 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.

(t) 3308 Fireworks Display - is not adopted. See Title 50, chapter 37, MCA.

(u) 3406.1 General - In paragraph numbered 1. delete "farms and."

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

(w) 3406.2.5.1(2) is not adopted.

(x) Appendix B - Fire Flows - is adopted.

(y) Appendix C - Hydrants - is adopted.

(z) Appendix D - Access Roads: Sections 101-105.3 - is adopted.

(aa) Appendix I - Fire Protection Systems Non-Compliant Conditions - is adopted.