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| Montana Administrative Register Notice 23-12-212 | No. 17 09/10/2009 | |
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BEFORE THE DEPARTMENT OF JUSTICE OF THE STATE OF
TO: All Concerned Persons 1. On September 30, 2009, at 1:00 p.m., the Montana Department of Justice will hold a public hearing in the auditorium of the 2. The Department of Justice will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m. on September 16, 2009, to advise us of the nature of the accommodation that you need. Please contact Kathy Stelling, Department of Justice, 215 North Sanders, 3. The department proposes to repeal the following rules: 23.12.602 ADMINISTRATION, found at page 23-438 of the Administrative Rules of Montana. AUTH: 50-3-102, MCA IMP: 50-3-103, MCA 23.12.604 GENERAL, found at page 23-439 of the Administrative Rules of Montana. AUTH: 50-3-102, MCA IMP: 50-3-103, MCA 23.12.606 HAZARDOUS MATERIALS, found at page 23-444 of the Administrative Rules of Montana. AUTH: 50-3-102, MCA IMP: 50-3-102, MCA RATIONALE AND JUSTIFICATION: New national fire codes are published every three years. Additionally, the department is now adopting the International Fire Code instead of the Uniform Fire Code. These rules therefore need to be repealed because they are no longer necessary. 4. The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined: 23.12.401 DEFINITIONS (1) and (2) remain the same. (3) "Certificate of approval" means a letter of approval issued by the Fire Prevention and Investigation (4) through (7) remain the same. (8) "Fire alarm system" means a system or portion of a combination (9) "Fire code" means the edition of the (10) "Fire department" and "bureau of fire prevention" are treated as referring to the (11) "Fire extinguisher" means a portable device, carried or on wheels and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing a fire. (12) remains the same. (13) "Fire Prevention and Investigation (14) through (17) remain the same. (18) "License" means the document issued by the Department of (19) remains the same. (20) "Mechanical code" means the latest edition of the International Mechanical Code (IMC) adopted by the Department of Labor and Industry. Whenever a provision of the mechanical code is incorporated within the (21) remains the same. (22) "Ordinance" means state law, city or county ordinance, or rule adopted by the (23) through (24) remain the same. (25) "Single family private house" means a dwelling unit as the term dwelling unit is defined by (26) remains the same. AUTH: 50-3-102, MCA IMP: 50-3-102, MCA 23.12.402 ENFORCEMENT OF FIRE PREVENTION AND INVESTIGATION (2) Each local authority responsible for fire prevention inspections shall maintain reports of inspections performed. Fire prevention inspection reports shall be accessible to and provided to the (3) Each official responsible for investigating fires shall file with the state fire marshal a fire incident report on each and every fire occurring within the official's jurisdiction. Fire incident reports must be submitted on forms AUTH: 50-3-102(2), MCA IMP: 50-3-102, 50-61-102, 50‑63-203(1), MCA 23.12.403 NOTICE OF VIOLATION (1) Upon determination by an officer of the AUTH: 50-3-102(2), MCA IMP: 50-3-102(4), 50-3-103, MCA 23.12.404 INTERPRETATION (1) Interpretations of rules adopted by the AUTH: 50-3-102, MCA 23.12.405 APPOINTMENT OF SPECIAL FIRE INSPECTORS (1) through (3) remain the same. (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 (b) An employee of another agency of the state of (4) A special fire inspector may perform any duty with which the AUTH: 50-3-106, MCA IMP: 50-3-106, MCA 23.12.407 CERTIFICATE OF APPROVAL FOR DAY CARE CENTERS FOR 13 OR MORE CHILDREN (1) remains the same. (2) To obtain a certificate of approval, the applicant shall (a) through (4) remain the same. (6) through (6)(h) remain the same remain the same, but are renumbered (5) through (5)(h). (i) Portable fire extinguishers shall be installed and maintained in accordance with (j) and (k) remain the same. (l) Space under stairwells shall not be used for storage of any kind except as permitted by (7) through (9) remain the same, but are renumbered (6) through (8). AUTH: 50‑3‑102, 52-2-734, MCA IMP: 50-3-102, 52-2-733, 52-2-734, MCA 23.12.408 CERTIFICATE OF APPROVAL FOR COMMUNITY HOMES (1) through (4) remain the same. (5) For purposes of determining compliance with the fire code, all community homes shall comply with the (6) and (7) remain the same. AUTH: 50-3-102, MCA 23.12.430 SERVICE TAGS (1) remains the same. (2) A service tag shall be of a size and of a durable material approved by the department but not less than 4 1/2 inches by 2 1/2 inches. (3) through (5) remain the same. (6) Stored pressure extinguisher tags must follow the guidelines listed in the (7) remains the same. AUTH: 50-3-102, MCA IMP: 50-3-102, MCA 23.12.501 RETAIL FIREWORKS (2) The retail sale of permissible fireworks may occur only from approved retail business establishments or approved fireworks stands as defined in ARM 23.12.401. Fireworks shall not be sold from or stored in any tent, canopy, or temporary membrane structure. (3) through (5) remain the same. (6) Except as provided in (12), retail sale of fireworks shall be conducted from fireworks stands located at least 300 feet from a church or hospital, 50 feet from any flammable liquid dispensing device or installation, 50 feet from other inhabited areas, and 30 feet from any public roadway. There shall be 5 feet between stands, and 20 feet apart when stands are over 800 square feet aggregate. (7) remains the same. (8) Fireworks stands shall be equipped inside with at least one pressurized water extinguisher with a current tag and a minimum rating of 2A or one garden hose connected to and turned on to an available water supply. (9) through (12)(b)(i) remain the same. (ii) It is protected by a fire suppression sprinkler system approved by the (iii) remains the same. (13) All fireworks stands shall be subject to inspection by the chief, or the chief's representative, in accordance with AUTH: 50-3-102(3), MCA IMP: 50-3-102(3), MCA 23.12.502 FIREWORKS REPACKAGING, STORAGE, AND SHIPPING (1) All buildings where fireworks are stored, opened for repacking, repackaged, or prepared for shipping shall conform to the provisions of the (2) NFPA pamphlet 1124 AUTH: 50-3-102(3), MCA IMP: 50-3-102(3), MCA 23.12.504 GENERAL LIABILITY INSURANCE REQUIRED FOR PUBLIC DISPLAY OF FIREWORKS (1) Any organization or group of individuals planning a public display of fireworks must provide proof to either the (2) through (5) remain the same. IMP: 50-37-108, MCA 23.12.601 ADOPTION OF (2) If there is any conflict between the (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 (4) The design and construction requirements in (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 (a) (b) (c) (d) (e) (f) (h) 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." (i) 308.2 Permits required - is not adopted. (j) 603.4 Portable unvented heaters is adopted, but the "Exceptions" are not adopted. (k) 603.4.1 Prohibited locations - is not adopted. (l) 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." (m) 2206.7.9 Vapor-recovery and vapor-processing systems - including all subsections, are not adopted. (n) 2403.2 Approval required. Adopted, but deleting "a permit and." (o) 3301.1.3 Fireworks - is not adopted. (p) 3301.2.2 through 3301.2.4.2 are not adopted. (q) 3306.5.2.3 Small arms primers - is not adopted. (r) 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) 3308 Fireworks Display - is not adopted. See Title 50, chapter 37, MCA. (t) 3406.1 General - In paragraph numbered 1. delete "farms and." (u) 3406.2 Delete "farms and" from the heading, and "private use on farms and rural areas and" from the paragraph. (v) 3406.2.5.1(2) is not adopted. (w) Appendix A Board of Appeals - is not adopted. (x) Appendix D Fire Apparatus Access Roads - is adopted, but Sections D106, D107, and D108 are not adopted. (y) Appendix E Hazard Categories - is not adopted. (z) Appendix F Hazard Ranking - is not adopted. (aa) Appendix G Cryogenic Fluids - Weight and Volume Equivalents - is not adopted. (ab) Appendix J Fire Protection Systems - Noncompliant Conditions - is not adopted. AUTH: 50-3-102, MCA IMP: 50-3-103, MCA 23.12.603 ADDITIONAL DEFINITIONS (1) (a) remains the same. (b) "Nationally recognized standards" as used in the (c) and (d) remain the same. AUTH: 50-3-102, 50-61-102, MCA 23.12.605 PROCESSES (1) Chapters (a) Insert (b) 1. through 8. remain the same. (i) Existing bulk plants which are not located in rural areas if the motor vehicle fuel-dispensing dispensers were installed prior to February 9, 1996, and if the dispensers are in compliance (ii) Storage tanks which are located at bulk plants in rural areas and which are constructed and installed in (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. Plans, blueprints, or drawings for the renovation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area that utilizes aboveground storage of flammable or combustible liquids, or both, must be submitted to the FPIS by registered receipt mail for approval before beginning construction. The FPIS shall approve or deny the plans within 50 calendar days or they are automatically considered approved. (h) 2204.6.3 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 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. Underground tanks shall be disposed of in accordance with American Petroleum Institute (API) 1604, Third Edition, March 1996, and the Department of Environmental Quality's underground storage tank requirements; 2. All "unlisted" aboveground tanks which are no longer fit for continued service or which cannot be internally lined in accordance with nationally-recognized standards, shall be disposed of in accordance with API 2202, Third Edition, January 1991; and 3. API documents can be obtained from the American Petroleum Institute, 1220 "L" Street, N.W., (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. Smokeless powder shall be stored in accordance with 50-61-120 and 50-61-121, MCA. 2. Small arms primers or percussion caps shall be stored in accordance with 50-61-120 and 50-61-121, MCA. AUTH: 50-3-102, MCA RATIONALE AND JUSTIFICATION: New national fire codes are published every three years. Additionally, the department is now adopting the International Fire Code instead of the Uniform Fire Code. The several changes, additions, and modifications proposed to these rules are therefore necessary to conform these rules to the adopted sections of the current version of the IFC and to add additional sections dealing with 5. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to J. Stuart Segrest, Department of Justice, 215 North Sanders, 6. An electronic copy of this Notice of Proposed Adoption and Amendment is available through the Department of Justice's web site at http://doj.mt.gov/resources/administrativerules.asp. The department strives to make the electronic copy of the Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the Department of Justice works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems. 7. The Department of Justice maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request which includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices of rules regarding the Division of Criminal Investigation, the Central Services Division, the Forensic Sciences Division, the Gambling Control Division, the Highway Patrol Division, the Legal Services Division, the Consumer Protection Division, the Motor Vehicle Division, the Justice Information Systems Division, or any combination thereof. Such written request may be mailed or delivered to Kathy Stelling, Department of Justice, 215 North Sanders, P.O. Box 201401, Helena, MT 59620-1401; or e-mail [email protected], or may be made by completing a request form at any rules hearing held by the Department of Justice. 8. J. Stuart Segrest, Assistant Attorney General, has been designated to preside over and conduct the hearing. 9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply. 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 August 31, 2009.
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