|23.12.101||FINAL DISPOSITION REPORTS|
This rule has been repealed.
Unless the context requires otherwise, the following definitions apply to ARM 23.12.102 through 23.12.106:
(1) "Arresting agency" means the law enforcement entity that initiates the restraint of or notification to an individual charged with a criminal offense.
(2) "Criminal case history and final disposition report" means a form used by arresting and judicial agencies and the department which contains necessary information to record the criminal proceedings and disposition subsequent to an arrest.
(3) "Criminal justice information network (CJIN)" means a telecommunications network used exclusively for the purpose of information exchange among the state's law enforcement agencies.
(4) "Custodial agency" means the law enforcement entity that maintains physical custody of an individual charged with a criminal offense.
(5) "Custodial arrest" means physical detention or confinement for a criminal offense in a jail or holding facility for a criminal offense.
(6) "Department" means the Department of Justice.
(7) "FBI fingerprint card" means the card provided by the Federal Bureau of Investigation for recording of criminal justice fingerprints, identified as federal form number FD-249.
(8) "Inmate status" means when an individual sentenced to the Department of Corrections is on parole, work release, completes a sentence, is transferred to a half-way house, is on furlough, is transferred to another facility, is deceased, is issued a travel permit, or is discharged.
(9) "Montana arrest numbering system (MANS) number" means a computer generated number obtained through the criminal justice information network (CJIN). The arrest number provides a means to track each custodial or felony arrest and tie the arrest to an individual as the case is processed through the criminal justice system. This number is a permanent identifier of the arrest and has no relationship to the number of charges.
(10) "Originating case agency (OCA) number" means a number not exceeding 12 characters that the arresting agency assigns to an individual following the individual's custodial or felony arrest.
(11) "Originating identifier (ORI) number" means a nine character identification number assigned by the Federal Bureau of Investigation to a criminal justice agency. This number is uniquely assigned to the agency and is used as an identifier when transferring or receiving messages through the CJIN network.
(12) "Statute code charge" means the offense or offenses the individual has been charged with, whether a felony or misdemeanor, followed by a brief description of the crime.
(13) "State identification (SID) number" means a number assigned by the department to an individual following the individual's first custodial or felony arrest. The number remains uniquely assigned to an individual regardless of subsequent arrests.
|23.12.103||MONTANA ARREST NUMBERING SYSTEM NUMBER TO BE ASSIGNED - CJIN|
(1) Following a custodial or felony arrest the arresting agency or by agreement the custodial agency shall access the Montana arrest numbering system (MANS) through the CJIN and have a number assigned to that custodial or felony arrest.
(2) Prior to release the arresting agency or the courts shall ensure that an individual has been fingerprinted and a MANS number registered on the criminal case history and final disposition report form.
(3) If an individual who is charged with a felony but has not been arrested appears before a court the district judge, city judge or justice of the peace shall at the time of the individual's first appearance inform the individual of the requirement that the individual submit to the appropriate law enforcement agency to be fingerprinted and assigned a MANS number. The individual shall submit to the law enforcement agency at the individual's own expense.
(1) Whenever a person charged with a crime is fingerprinted under 44-5-202, MCA, two original FBI fingerprint cards, form number FD-249, must be completed by the arresting agency and submitted to the department.
(2) The completion of the card must follow procedures provided by the department.
(3) The block identified as "state usage" must contain the Montana arrest numbering system (MANS) number.
(4) Arresting, custodial and judicial agencies may enter into agreements to designate an agency or agencies responsible for conveying fingerprint cards to the department.
|23.12.105||CRIMINAL CASE HISTORY AND FINAL DISPOSITION REPORT|
(1) Whenever an individual charged with a crime is fingerprinted under 44-5-202, MCA, a criminal case history and final disposition report, form number CHRP1, made available by the department, must be initiated by the arresting agency. The report form or computer program design must be in a format approved by the department and must include the information designated on the form.
(2) The form must be completed according to the procedures prescribed by the department.
(a) Before the individual is released from custody, the information pertaining to the individual and the initial charge(s) must be completed by the arresting agency and forwarded to the court of appropriate jurisdiction prior to the individual's initial appearance.
(b) The information pertaining to the court action and final disposition must be completed by the clerk of court or a similarly designated official prior to forwarding to the department.
(3) Following sentencing, the clerk of the court shall forward a copy of a completed form number CHRP1 to the department within 15 days.
(4) Arresting, custodial, and judicial agencies may enter into agreements to designate an agency or agencies responsible for conveying form number CHRP1 to the department.
(2) The FBI fingerprint card must be completed according to the procedures prescribed by the department.
(3) The Department of Corrections shall notify the department regarding the inmate status on a form prescribed by the department or according to an automated process as agreed to by both departments.
(2) "Initial arrest record" means the first record made by a criminal justice agency indicating the facts of a particular person's arrest and includes:
(a) name of the accused;
(b) time and place of the arrest;
(c) location of the accused;
(d) pending charges against the accused; and
(e) any available information regarding bail and court appearances.
(3) "Initial offense report" means the first record of a criminal justice agency that indicates that a criminal offense may have been committed and includes the initial facts associated with that offense.
(4) "Juvenile records" means records maintained by youth court, Department of Corrections, or a criminal justice agency relating to a juvenile.
|23.12.202||PUBLIC CRIMINAL JUSTICE INFORMATION|
|23.12.203||INITIAL OFFENSE REPORTS|
(1) Initial offense reports should contain the following:
(a) the general nature of the charges against the accused;
(b) the offense location;
(c) the name, age, and residence of the accused;
(d) the name of the victim, unless the offense charged was a sex crime; and
(e) the identity of a witness unless the witness has requested confidentiality.
(2) Initial offense reports should not contain:
(a) driver's license numbers;
(b) social security numbers;
(c) medical records, including but not limited to, mental health records and records relating to drug and alcohol addiction or treatment;
(d) with respect to the victim of an offense committed under 45-5-502, 45-5-503, 45-5-504, or 45-5-507, MCA, any information other than the offense location that may directly or indirectly identify the victim; and
(e) with respect to the victim of any offense other than those described in (2)(d) who requests confidentiality, any information other than the offense location that may directly or indirectly disclose the address, telephone number, or place of employment of the victim or a member of the victim's family.
(1) Subject to (2), the following juvenile records are available for public inspection:
(a) reports of preliminary inquiries;
(d) filed pleadings;
(e) court findings;
(f) verdicts; and
(g) orders and decrees on file with the clerk of court.
(2) The juvenile records listed in (1) must be physically sealed on the youth's 18th birthday, in accordance with the procedure and exceptions listed at 41-5-216, MCA. Once sealed, the records are no longer available for public inspection.
(a) "DCI/intel database" means a database containing information submitted by the Montana division of criminal investigation.
(b) "Dangerous drugs database" means a database containing information submitted by regional drug task forces and high intensity drug trafficking area task forces.
(c) "General database" means a database containing information submitted by persons authorized to investigate crimes in Montana.
(d) "Montana highway patrol database" means a database containing information submitted by the Montana highway patrol executive protection unit.
(2) "Confidential" means a designation of a criminal intelligence file assigned when a file contains:
(a) information pertaining to an actual, ongoing investigation being conducted by a law enforcement agency;
(b) information identifying a person who has acted as an informant for a law enforcement agency; or
(c) information which is "confidential criminal justice information" as specified in Title 44, chapter 5, MCA, and identified as such by the person submitting such information to the criminal intelligence information section.
(3) "Criminal intelligence security agreement" means a legal contract between a participating agency and the criminal intelligence information section, wherein the criminal intelligence information section agrees to provide information to a participating agency in consideration for the participating agency's agreement to maintain the security of information provided.
(4) "Interim file" means a designation given to a criminal intelligence file that does not meet the criteria for designation as a permanent file.
(5) "Need-to-know" means establishment of the fact that a person authorized to request information from a criminal intelligence file actually requires the information for a purpose directly concerning investigation of a crime enumerated in the Montana Code Annotated.
(6) "Participating agency" means an agency enumerated in 44-5-506 , MCA, and specifically approved as a participating agency, upon successful application to the criminal intelligence advisory council.
(7) "Permanent file" means a designation given to a criminal intelligence file wherein a person or entity may be identified by name or other unique identifying characteristic (e.g., date of birth, social security number, driver's license number, address, numerical identifier assigned to corporation) at the time of file entry.
(8) "Restricted" means a designation of a criminal intelligence file assigned when a file contains information that has not been identified as confidential criminal justice information but concerns or describes strategies or techniques intended or actually employed by law enforcement in an ongoing investigation.
(9) "Right-to-know" means establishment of the fact that a person requesting information from any criminal intelligence file is authorized as a law enforcement officer to do so, and is making the request in an official capacity.
(10) "Section supervisor" means the supervisor of the criminal intelligence information section designated by the attorney general pursuant to 44-5-505 , MCA.
(11) "Security control form" means a form wherein a person within a participating agency authorized to request or receive information from the criminal intelligence information section discloses personal identification information.
(12) "Statement of understanding" means a legal contract between a participating agency and the criminal intelligence information section wherein the participating agency shall agree to maintain certain standards regarding security of information and the constitutional rights of citizens in consideration for the provision of information by the criminal intelligence information section.
(13) "Temporary file" means a designation given to a criminal intelligence file that consists only of an inquiry for information made of the criminal intelligence information section by an authorized participating agency.
(14) "Unclassified" means a designation of a criminal intelligence file exclusively containing information, which is public criminal justice information as specified in 44-5-104 (13) , MCA.
|23.12.302||CONTENT OF CRIMINAL INTELLIGENCE FILES|
(2) Neither the central criminal intelligence file nor any database maintained by the criminal intelligence information section shall contain:
(a) an entry of information exclusively based on an individual or group's support for a cause which could be considered unpopular;
(b) an entry of information exclusively based on the race or ethnic background of an individual or group;
(c) an entry of information exclusively based on the religious or political affiliations of an individual or group;
(d) an entry of information exclusively based on the preferences, orientations, personal habits or predilections of an individual or group; and
(e) an entry of information exclusively based on associations between persons which are not criminal in nature.
|23.12.303||DESIGNATION OF CRIMINAL INTELLIGENCE INFORMATION FILES FOR PURPOSES OF DETERMINING ALLOWABLE PERIOD OF RETENTION BY CRIMINAL INTELLIGENCE INFORMATION SECTION|
(2) Files shall be designated and retained as follows:
(a) files designated as "temporary" shall be retained no more than two years;
(b) files designated as "permanent" shall be retained no more than five years. A permanent file may be retained longer than five years upon demonstration of a compelling reason to the criminal intelligence advisory council. In the event the criminal justice advisory council finds compelling reason to retain a file longer than five years, the council shall present such compelling reason to the attorney general who shall ultimately determine whether any particular files shall be retained;
(c) files designated as "interim" shall be retained no more than 60 days. An interim file may be retained longer than 60 days upon demonstration of a compelling reason to the section supervisor. In the event a file designated as interim is retained longer than one year, the section supervisor shall demonstrate a compelling reason for retention of the file to the criminal intelligence advisory council. In the event the council finds a compelling reason to retain the file, the council shall present such compelling reason to the attorney general who shall ultimately determine whether any particular file shall be retained.
|23.12.304||DISSEMINATION OF INFORMATION CONTAINED IN THE CENTRAL CRIMINAL INTELLIGENCE FILE|
(2) Information contained in a criminal intelligence file designated as restricted shall not be disseminated unless the person or agency requesting the information has demonstrated to the criminal intelligence information section:
(a) a right-to-know; and
(b) a need-to-know.
(3) Information contained in a criminal intelligence file designated as unclassified may be disseminated without restriction to the person or agency requesting such information.
|23.12.305||PARTICIPATION OF AUTHORIZED AGENCIES WITH THE CRIMINAL INTELLIGENCE INFORMATION SECTION AND ACCESS BY AUTHORIZED AGENCIES TO CENTRAL CRIMINAL INTELLIGENCE FILES|
(1) No participating agency shall be granted access to information maintained by the criminal intelligence information section prior to approval of the agency's application by the criminal intelligence advisory council.
(2) The application of a participating agency shall include an executed criminal intelligence security agreement wherein the participating agency must agree to the following terms in consideration for information provided by the criminal intelligence information section:
(a) access to information provided by the criminal intelligence information section must be limited to persons within the participating agency demonstrating both a right-to-know and need-to-know;
(b) the participating agency must protect and preserve security of information provided and prevent unauthorized disclosure of information;
(c) the participating agency must agree to destroy any information at the request of the criminal intelligence information section determined by the criminal intelligence information section to be unreliable, misleading or obsolete;
(d) the participating agency shall maintain complete and accurate records of any request for information, receipt of information and use of information provided by the criminal intelligence information section to a degree where any transaction involving a request for, or exchange of, information may be audited at any time by the Montana department of justice;
(e) the participating agency shall provide to the criminal intelligence information section a complete list of the names, official assignments, birth dates and social security numbers of all persons within a participating agency who will be authorized to request or receive information from the criminal intelligence information section;
(f) the participating agency shall agree to compliance with the complete provisions of United States Code of Federal Regulations (CFR) Title 28, part 23, and Title 44, chapter 5, MCA, and any administrative rule regarding criminal intelligence or criminal justice information promulgated by the Montana department of justice.
(3) Any person within a participating agency who shall request information or be authorized to receive information from the criminal intelligence information section shall complete in full and execute a security control form, wherein the person must disclose the following:
(a) first, middle and last name;
(b) the participating agency by which the person is employed;
(c) title or rank within a participating agency;
(d) any current assignment relevant to requests for or receipt of information;
(e) address, telephone number, facsimile number and electronic mail address of the participating agency;
(f) date of birth;
(g) place of birth;
(h) social security number; and
(i) mother's maiden name.
(4) The application of a participating agency shall include an executed statement of understanding wherein the participating agency must attest to the following terms in consideration for information provided by the criminal intelligence information section:
(a) that the participating agency may be the recipient of confidential information;
(b) that disclosure of information may not occur without the express approval of the Montana division of criminal investigation administrator;
(c) that no person within a participating agency, authorized to request or receive information, shall retain or use information for any purpose other than the investigation of criminal acts, including but not limited to personal, economic or political purposes;
(d) that the participating agency is responsible for the security, safekeeping and storage of all information received from the criminal intelligence information section in a manner approved by the criminal intelligence information section;
(e) that no authorized person within the participating agency or the participating agency itself shall compile or attempt to compile information exclusively regarding a citizen's political or religious affiliations, sexual orientation, or acceptance or advocacy of any cause which could conceivably be considered unpopular;
(f) that no authorized person within the participating agency or the participating agency itself shall engage in illegal activity in the collection of information or direct another to use illegal means to collect information;
(g) that no authorized person within a participating agency, upon termination or any change in employment or assignment status, shall disclose or disseminate information obtained by participation with the criminal intelligence information section;
(h) that all requests for or receipt of information must be predicated on investigation of a specific crime enumerated in the Montana Code Annotated; and
(i) that the participating agency and all authorized persons within that agency have been instructed as to the necessity of preserving the security of information contained in databases maintained by the criminal intelligence information section and that any breach of agreements or statements of understanding will subject the participating agency and members of that agency to termination of participation with the criminal intelligence information section, and possible civil action or criminal prosecution.
Unless the context requires otherwise, the following definitions apply to the rules in ARM Title 23, chapter 12:
(1) "Building code" means the current version of the State Building Code adopted by the Department of Labor and Industry, Building Codes Bureau, including the International Building Code as amended by administrative rule. Copies of the building code may be obtained from the Building Codes Bureau of the Department of Labor and Industry, 301 South Park, Room 430, P.O. Box 200517, Helena, MT 59620-0517.
(2) "Building official" means the chief of the Building Codes Bureau of the Department of Labor and Industry, or when made applicable by statute or rule, the building official of the certified city, county, or town.
(3) "Certificate of approval" means a letter of approval issued by the Fire Prevention and Investigation Section (FPIS), or its representative.
(4) "Chief," "fire chief," "fire marshal," and "fire prevention engineer" all mean the state fire marshal or, when made applicable by statute or rule or the context thereof, the chief official of the appropriate local fire protection agency.
(5) "Department" means the Department of Justice.
(6) "District," as used in 50-61-114, MCA, means a rural fire district established under Title 7, chapter 33, part 21, MCA.
(7) "Entity" means any business, partnership, sole proprietorship, organization, association, corporation, firm, governmental organization, fire agency or any other business association.
(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 Chapter 2, Section 202 - General Definitions 1.3G (Class B, Special), International Fire Code, 2012 Edition.
(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 alarms.
(10) "Fire code" means the edition of the International Code Council, International Fire Code (IFC), 2012 Edition, currently adopted by the FPIS, and any additions thereto currently adopted by the FPIS.
(11) "Fire department" and "bureau of fire prevention" are treated as referring to the FPIS of the Department of Justice or, when made applicable by statute or rule or the context thereof, to the appropriate local jurisdiction.
(12) "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.
(13) "Fire extinguishing system" means a fire sprinkler system designed in accordance with nationally recognized standards that consists of an assembly of piping or conduits that conveys water, foam or air with or without other agents to dispersal openings or devices to extinguish, control or contain fire and to provide protection from exposure to fire or the products of combustion. Included are underground and overhead piping, ponds, tanks, pumps, extra or special hazard applications and other related components or devices necessary for water supplies.
(14) "Fire Prevention and Investigation Section (FPIS)" is the Fire Prevention and Investigation Section in the state fire marshal's office of the Department of Justice.
(15) "Fire protection equipment" means the components of any fire alarm system, special agent fire suppression system, or fire extinguishing system.
(16) "Fire service area" means a local government unit established and operated pursuant to Title 7, chapter 33, part 24, MCA.
(17) "Fire sprinkler system" means a fire extinguishing system.
(18) "Fireworks stand" means a small, temporary, often open-air structure, booth, or other portable stand-alone structure designed and constructed of wood or metal, utilized for the express purpose of display and sale of fireworks at retail.
(19) "License" means the document issued by the Department of Labor and Industry which authorizes a person or entity to engage in the business of servicing fire extinguishers, fire alarms, fire sprinkler systems, and special agent suppression systems.
(20) "Local authority" means a fire agency, law enforcement agency or other governmental agency having jurisdiction in a given location.
(21) "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 International Fire Code by reference, such provision is hereby adopted for application to all buildings within the jurisdiction of the FPIS, unless the state fire marshal determines otherwise. Copies of the mechanical code may be obtained from the Building Codes Bureau of the Department of Labor and Industry, 301 South Park, Room 430, P.O. Box 200517, Helena, MT 59620-0517.
(22) "NICET" means National Institute for Certification in Engineering Technologies.
(23) "Ordinance" means state law, city or county ordinance, or rule adopted by the FPIS.
(24) "Sell," sale and associated words mean offering or contracting to transfer, lease, or rent any merchandise, equipment, or service at retail to the public or any member thereof for an agreed sum of money or other consideration.
(25) "Service" means:
(a) when referring to portable fire extinguishers and fire extinguisher cylinders, maintenance and includes breakdown for replacement of parts or agent, repair, recharging, or hydrostatic testing;
(b) when referring to alarm systems, fire extinguishing systems, and fire suppression systems, maintenance and testing required to keep the protective signaling, extinguishing, and suppression system and its component parts in an operative condition at all times, together with replacement of the system or its component parts with listed or approved parts, when, for any reason they become undependable, defective, or inoperative; and
(c) "Service" does not include resetting manual alarm systems which may be reset by properly trained building owners or their designated representative.
(26) "Single family private house" means a dwelling unit as the term dwelling unit is defined by IFC section 202, no part of which is rented to another person.
(27) "Special agent fire suppression system" means an approved system and components which require individual engineering in accordance with manufacturer specifications and includes dry chemical, carbon dioxide, halogenated, gaseous agent, foam, and wet chemical systems. The term includes a pre-engineered system but does not include a fire extinguishing system.
|23.12.402||ENFORCEMENT OF FIRE PREVENTION AND INVESTIGATION SECTION RULES|
(1) The FPIS shall administer and enforce in every area of the state of Montana all the provisions of the fire code and rules adopted pursuant thereto. The chief fire officials of each municipality, fire service area, or organized fire district shall have responsibility for enforcement of applicable fire codes within the limits of their jurisdiction, and shall assist the FPIS in the enforcement of laws and rules pertaining to fire safety in public buildings.
(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 FPIS when deemed necessary by the state fire marshal.
(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 downloaded, or filled out online, from the National Fire Incident Reporting System (NFIRS) at www.nfirs.fema.gov. The state fire marshal may notify a fire department of incomplete or invalid reports for resubmission with complete information.
|23.12.403||NOTICE OF VIOLATION|
(1) Upon determination by an officer of the FPIS that any person or entity is in violation of any provision of the fire code or any rule adopted pursuant thereto, the FPIS shall serve upon the person or a designated representative of the entity a notice of violation, as provided in 50-61-115, MCA. Additionally, if the violation constitutes a fire hazard, the FPIS may proceed in accordance with 50-62-102 and 50-62-103, MCA.
(1) Interpretations of rules adopted by the FPIS shall be made by the state fire marshal.
|23.12.405||APPOINTMENT OF SPECIAL FIRE INSPECTORS|
(1) Special fire inspectors may be appointed in accordance with this section.
(2) A special fire inspector may be appointed to conduct inspections and investigations when the services are deemed necessary by the Department of Justice.
(3) Qualifications for persons appointed special fire inspector are:
(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 ICC Fire Inspector I or Fire Inspector II certified.
(b) An employee of another agency of the state of Montana may be appointed special fire inspector for the purpose of conducting inspections or investigations authorized by the FPIS, if such employee is qualified by the employing agency as an inspector or investigator and is approved to conduct inspections or investigations by the Department of Justice.
(4) A special fire inspector may perform any duty with which the FPIS is charged by state law or rule, subject to the direction of the state fire marshal.
|23.12.406||SMOKE DETECTORS IN RENTAL UNITS|
(2) An approved smoke detector is a device that is capable of detecting visible or invisible particles of combustion, that emits an alarm signal, and that bears a label or other identification issued by an approved testing agency which inspects materials and workmanship at the factory during fabrication and assembly.
|23.12.407||CERTIFICATE OF APPROVAL FOR DAY CARE CENTERS FOR 13 OR MORE CHILDREN|
(1) Any applicant for a license from the Department of Public Health and Human Services to operate a day care center for 13 or more children under Title 52, chapter 2, MCA, must obtain a certificate of approval from the state fire marshal in accordance with this rule.
(2) To obtain a certificate of approval, the applicant shall contact the state fire marshal setting forth the following information:
(a) name and address of applicant;
(b) location of proposed day care center; and
(c) number of children for which proposed day care center will provide care.
(3) Upon receipt of an application for certificate of approval, the fire marshal or a representative shall conduct an inspection of the proposed day care center.
(4) Day care centers shall comply with the fire code.
(5) Day care centers shall also comply with the following additional requirements:
(a) A single, fixed space heater (wood, coal or fuel oil) may be used, provided it is properly installed and surrounded by a suitable barrier to prevent contact by children and is so located as to not obstruct egress. Installation shall be in accordance with the Uniform Mechanical Code.
(b) Portable unvented oil-fueled heating appliances are prohibited.
(c) No extension cords shall be used in lieu of permanent wiring. All appliance and lamp cords shall be suitably protected to prevent pulling or chewing by children.
(d) All unused electrical receptacles shall be properly capped.
(e) Every closet door latch shall be fixed so that the door is capable of being opened by a child inside the closet.
(f) Every bathroom door lock shall be installed to permit the locked door to be opened from the outside.
(g) In sleeping rooms, windows having a minimum of 5.7 square feet of clear, unobstructed opening shall be readily accessible for rescue or fire suppression. Windows shall be capable of being opened from the inside without the use of tools or special knowledge. Clear opening shall not be less than 20 inches in width or 24 inches in height. The bottom of the window shall not be more than 44 inches from the floor.
(h) Every day care center shall provide operational smoke alarms or smoke detectors in locations designated by the FPIS or chief fire official. Smoke 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) Portable fire extinguishers shall be installed and maintained in accordance with IFC Section 906.
(j) A telephone shall be provided for emergency notification. Emergency phone numbers shall be posted in close proximity to the telephone.
(k) House numbers, no less than 4 inches in height, shall be placed in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background.
(l) Space under stairwells shall not be used for storage of any kind except as permitted by the IFC.
(6) If the proposed day care center is in compliance with these rules, the fire marshal shall issue a certificate of approval. If the center is not in compliance, the fire marshal shall issue a notice of corrective action needed to bring the center into compliance. Additional inspections may be conducted as needed until compliance is achieved.
(7) For the purposes of this rule, the definitions contained in 52-2-703, MCA, are applicable.
(8) Inspection of any day care facility shall be done upon receipt of a request from the Department of Public Health and Human Services or as a part of an inspection performed by a fire department under other provisions of state law. Findings of any inspection conducted at the request of the Department of Public Health and Human Services shall be reported to that department.
|23.12.408||CERTIFICATE OF APPROVAL FOR COMMUNITY HOMES|
(1) This rule shall govern certification for fire and life safety of all community homes for the developmentally disabled, in accordance with 53-20-307, MCA, and of all community homes for persons with severe disabilities, in accordance with 52-4-204, MCA.
(2) All community homes must be certified annually for fire and life safety by the state fire marshal.
(3) Applicants for certification shall submit to the state fire marshal in writing the following information:
(a) name and address of applicant;
(b) location of proposed community home; and
(c) number of residents for which community home will provide care.
(4) Upon receipt of an application for certificate of approval, the fire marshal or a representative shall conduct an inspection of the community home, and shall promptly thereafter issue findings indicating whether the fire code has been met.
(5) For purposes of determining compliance with the fire code, all community homes shall comply with the IFC as adopted, and with all other rules promulgated by the FPIS.
(6) If the proposed community home is in compliance with these rules, the fire marshal shall issue a certificate of approval. If the home is not in compliance, the fire marshal shall issue a notice of corrective action needed to bring the home into compliance. Additional inspections may be conducted as needed until compliance is achieved.
(7) The state fire marshal shall notify the Department of Public Health and Human Services when a community home has been certified.
|23.12.409||THREAT OF EXPLOSIVES IN STATE BUILDINGS|
(2) In the event a building houses more than one state department, each department shall designate a responsible individual. Where the threatened explosive device is located in a particular department's area of the building, that department's designated individual shall be primarily responsible for evacuation and notification of proper authorities.
|23.12.420||APPROVAL OF EQUIPMENT|
This rule has been repealed.
(1) A service tag must be used to indicate when fire protection equipment is installed or when service is performed on fire protection equipment and the name of the endorsed person installing or servicing the equipment.
(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) A service tag must bear the following information:
(a) imprinted name, address, telephone and license number of licensed entity;
(b) type of service performed;
(c) month and year of service;
(d) name and endorsement number of registrant performing service. The registrant shall indicate the type of service performed and date of service by punching the appropriate section of the tag. The tag must bear dates for 1 to 3 years; and
(e) "DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL" in capital letters, at least 10-point boldface type.
(4) The registrant shall attach the service tag in a position so it can be conveniently inspected by an inspecting authority but does not hamper the operation of fire protection equipment.
(5) No person may remove a service tag except when further service is performed and a new tag is attached. No person may alter or deface a service tag attached to or required to be attached to fire protection equipment.
(6) Stored pressure extinguisher tags must follow the guidelines listed in the National Fire Protection Association (NFPA) 10, 2010 Edition, and include the information listed in (3).
(7) A blank tag shall be submitted for approval to the department at the time of application.
|23.12.431||RULES RELATING TO THE BUILDING CODE|
|23.12.501||RETAIL FIREWORKS SALE|
(1) Anyone engaged in the retail sale of permissible fireworks, as defined in 50-37-105, MCA, must obtain a permit if required by the applicable local jurisdiction. The provisions of this rule do not apply if a local ordinance has been adopted pursuant to 7-33-4206, MCA, regulating or prohibiting the retail sale of 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. Fireworks may be sold from a mobile trailer which is designed for the transportation of goods, or sold from a fireworks stand, but the public is not permitted inside any mobile structure for the purchase of fireworks.
(3) No person under the age of 18 shall be employed to sell or offer for sale permissible fireworks.
(4) No fireworks may be discharged within 100 feet of a fireworks stand.
(5) No smoking shall be allowed within the fireworks stand. At any place where permissible fireworks are sold or displayed, a sign reading "NO SMOKING" must be posted in letters at least four inches in height and one-half inch in stroke where customers are most likely to read it.
(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) Parking of vehicles used to transport Class A or B explosives or flammable and combustible liquids is prohibited within 100 feet of a fireworks stand.
(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) All weeds, dry grass, and combustible material shall be cleared for a minimum distance of 25 feet in all directions from a fireworks stand.
(10) Electrical wiring shall be in a safe condition, and if found upon inspection to be unsafe shall be upgraded to comply with the applicable provisions of the National Electrical Code (NEC) currently adopted by the Building Codes Division of the Department of Labor and Industry.
(11) Open flame devices of any kind are prohibited in or within 25 feet of any fireworks stand.
(12) Retail sale of fireworks from occupancies other than those authorized by this rule is prohibited, except that fireworks may be sold out of an existing retail business establishment under the following conditions:
(a) The amount of fireworks on display in the customer service area contains an aggregate of no more than one pound of pyrotechnic composition; and
(b) Remaining quantities of fireworks are stored in a cabinet or room designed and constructed to restrict smoke travel that is separate from the customer service area, that has a self-closing door, and that conforms to one of the following:
(i) It is constructed of material sufficient to achieve a one-hour fire resistant-rated barrier between the storage area and the customer service area. The fireworks must be stored in cabinets made of wood or equivalent material that is at least one inch thick, and each cabinet must contain no more than an aggregate of 5 pounds of pyrotechnic composition;
(ii) It is protected by a fire suppression sprinkler system approved by the FPIS or by a fire marshal of the local jurisdiction; or
(iii) The fireworks are contained in a cabinet with casters and constructed of wood at least one inch thick that is covered on all sides with 5/8-inch sheetrock.
(13) All fireworks stands shall be subject to inspection by the chief, or the chief's representative, in accordance with the IFC. Violations shall be handled in accordance with 50-61-115, MCA. If immediate action is necessary to safeguard life and property, the chief may issue an order to remedy in accordance with 50-62-102, 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 2012 International Building Code and the IFC. Where those codes are silent, NFPA pamphlet 1124 (2006 Edition) shall be applied.
(2) NFPA pamphlet 1124 (2006 edition), which is the code governing the manufacture, transportation, and storage of fireworks, and which can be found in the National Fire Code (NFC), is hereby incorporated by reference. Copies may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169.
|23.12.503||OUTDOOR DISPLAY OF FIREWORKS|
|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 FPIS or the governing body of a city, town, or county, that the group has a general liability insurance policy in the amount of not less than $1,000,000 per occurrence.
(2) The proof of insurance must be provided with the application for permit referenced in 50-37-107, MCA, no later than 15 days prior to any public display of fireworks. The general liability insurance policy must be valid at the time of the public display.
(3) The general liability insurance policy must cover payment of any liability, including personal and property damages, arising out of the public display of fireworks.
(4) Although the general liability insurance must meet the requirements of 50-37-108, MCA, an insurance policy is permitted in lieu of a damage indemnity bond as damage indemnity bonds are no longer available for the public display of fireworks.
(5) Alternative methods of liability coverage may be approved if equivalent to the above-listed requirements.
|23.12.601||ADOPTION OF THE INTERNATIONAL FIRE CODE (2012 EDITION)|
(1) The FPIS adopts and incorporates by reference the International Fire Code 2012 Edition (2012 IFC) with the additions and amendments enumerated in this subchapter. Copies of the 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 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, 20-35, and 50-67.
(d) 108 Board of Appeals is not adopted.
(e) 113 Fees is not adopted.
(f) 202 General Definitions. FIRE DEPARTMENT - 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) 405.2 Delete section and replace with: "Frequency. Required emergency evacuation drills shall be held at the intervals specified in 20-1-402, MCA. There must be at least eight emergency evacuation/disaster drills held a year in a school. At least four of the drills must be fire exit drills. Drills must be held at different hours of the day or evening to avoid distinction between drills and actual disasters." In Table 405.2, delete the word "monthly" from the Frequency column, applicable to Group E, and replace with "20-1-402, MCA."
(j) 603.4 Portable unvented heaters is adopted, but the "Exceptions" are not adopted.
(k) 603.4.1 Prohibited locations - is not adopted.
(l) 903.6 Existing buildings - is not adopted.
(m) 906.1 Portable fire extinguishers - (1) Exception - is not adopted.
(n) 1008.1.9.4 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."
(o) 2306.7.9 through 2306.7.9.2.4 Vapor-recovery and vapor-processing systems are not adopted.
(p) 3103.2 Approval required. Adopted, but deleting "a permit and."
(q) 5601.1.3 Fireworks - is not adopted.
(r) 5601.2.2 through 5601.2.4.2 are not adopted.
(s) 5606.5.2.1 Smokeless propellant - is not adopted. 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) 5606.5.2.3 Small arms primers - is not adopted. See 50-61-120 and 50-61-121, MCA.
(u) 5608 Fireworks Display - is not adopted. See Title 50, chapter 37, MCA.
(v) 5706.1 General - In paragraph numbered 1, delete "farms and."
(w) 5706.2 Delete "farms and" from the heading, and "on farms and rural areas and" from the paragraph.
(x) 3406.2.5.1(2) is not adopted.
(y) Appendix B - Fire Flows - is adopted.
(z) Appendix C - Hydrants - is adopted.
(aa) Appendix I - Fire Protection Systems Non-Compliant Conditions - is adopted.
This rule has been repealed.
(1) IFC SECTION 302 DEFINITIONS is adopted with the following additions:
(a) "Farm" means a tract of land devoted to agricultural purposes;
(b) "Nationally recognized standards" as used in the IFC 2009 edition, includes, but is not limited to, any of the standards referenced in: NFPA; IFC 2009 edition; Underwriters Laboratories Inc. (UL); American Petroleum Institute (API); American Society for Testing and Materials (ASTM); and American National Standards Institute (ANSI).
(c) "Ranch" means a tract of land devoted to agricultural purposes; and
(d) "Rural area" means those areas located three miles or more beyond (outside) the corporate limits of a Class 1 or Class 2 city, as defined in 7-1-4111, MCA, and one and one-half miles or more beyond (outside) the corporate limits of a Class 3 city, as defined in 7-1-4111, MCA, when the Class 3 city's population is more than 1,500 residents. In the case of any unincorporated place, city, community, or town, the unincorporated place, city, community, or town will be considered rural if it has a population of less than 1,500 and a density of less than 800 persons per square mile, according to the most recent U.S. census.
This rule has been repealed.
(1) Chapters 23, 56, and 57 of the IFC are adopted with the following additions and amendment:
(a) 2304.5 Fuel Dispensing in Rural Areas. For public automotive motor vehicle fuel-dispensing stations located in rural areas:
(b) 2304.5.1 General. When performed in the operation of a farm or ranch, or when approved by the chief, liquids used as fuels may be transferred from tank vehicles into the tanks of motor vehicles or special equipment, provided:
1. The tank vehicle's specific function is that of supplying fuel to motor vehicle fuel tanks;
2. The dispensing line does not exceed 50 feet (15,240 mm) in length;
3. The dispensing nozzle is an approved type;
4. The dispensing hose is properly placed on the approved reel or in a compartment provided before the tank vehicle is moved;
5. Signs prohibiting smoking or open flame within 25 feet (7620 mm) of a tank vehicle or the point of refueling are prominently posted on the tank vehicle;
6. Electrical devices and wiring in areas where fuel dispensing is conducted are in accordance with the Electrical Code;
7. Tank vehicle dispensing equipment is operated only by designated personnel who are trained to handle and dispense motor fuels; and
8. Provisions are made for controlling and mitigating unauthorized discharges.
(c) 2304.5.2 Motor Vehicle Fuel Dispensing Stations. Motor vehicle fuel dispensing stations are not permitted at bulk plants which are not located in a rural area with the following exceptions:
(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 compliance.
(d) 2304.5.3 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) 2304.6 Rural Motor Vehicle Fuel-Dispensing Stations.
(f) 2304.6.1 Plans submittal. Plans shall be submitted in accordance with these rules for public automotive motor vehicle fuel-dispensing stations located in rural areas.
(g) 2304.6.2 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) 2304.6.3 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) 2304.7 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.
(j) 2304.7.1 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., Washington, D.C. 20005.
(k) 2306.2.1.1 Inventory Control is amended by adding the following exceptions to the existing section: EXCEPTION: Other leak detection methods as approved by the Montana Department of Environmental Quality UST program are acceptable; and Unsupervised Dispensing requires a sign to provide an "EMERGENCY" telephone number.
This rule has been repealed.
|23.12.701||PRECURSORS TO DANGEROUS DRUGS|
(1) The following substances are precursors to dangerous drugs, regulated by Title 50, chapter 32, part 4, MCA:
(a) anhydrous ammonia;
(b) barbituric acid;
(c) benzoyl chloride;
(d) boron tribromide;
(e) boron trifluoride;
(f) bromobenzene (monobromobenzene);
(k) ethyl malonate (diethyl malonate);
(p) ethanolamine (monethanolamine);
(r) formic acid;
(t) gallic acid (3,4,5-trihydroxybenzoic acid);
(u) gamma butyrolactone;
(v) gamma hydroxybutryic acid;
(w) gloyoxylic acid (formylformic acid);
(x) hydriodic acid;
(z) hypophosphorous acid;
(ab) iodine in any form;
(ad) lithium aluminum hydride (aluminum lithium hydride);
(ae) lysergic acid, or other ergot alkaloids which can be used to produce lysergic acid;
(af) malonic acid (propanedioic acid);
(ak) oxalyl chloride;
(al) phenylacetic acid;
(am) phenyl-2-propanone (phenylacetone);
(an) phosphorous acid;
(ao) phosphorous oxychloride;
(ar) red phosphorous;
(av) tincture of iodine greater than 2%;
(aw) trifluoracetic anhydride;
(ax) 1,3,5-trimethoxybenzoic acid;
(az) white phosphorous;
(ba) yellow phosphorous; and
(bb) any salt, optical isomer, salt of an optical isomer, or preparation that is chemically equivalent to any of the chemicals listed above.
(1) "Licensed community pharmacy" means a pharmacy situated within ten miles of any place at which a licensed medical practitioner maintains an office for professional practice.
(2) "Retail establishment" means the registered owner of a business that sells products containing ephedrine or pseudoephedrine to the public.
|23.12.802||RETAIL ESTABLISHMENTS ELIGIBLE TO APPLY FOR CERTIFICATION|
(a) it is at least 5000 square feet in size;
(b) it sells 1000 separate items of product;
(c) it has a secure display location not accessible to customers, either behind a store counter or in a locked case, available for selling products that contain ephedrine or pseudoephedrine;
(d) it limits sales of products containing ephedrine or pseudoephedrine to packages containing no more than a total of nine grams; and
(e) it agrees to track customer sales and to prevent a customer from purchasing more than nine grams of products containing ephedrine or pseudoephedrine in any 30-day period.
|23.12.803||REQUIREMENTS FOR CERTIFICATION|
(2) To be eligible for certification, a retail establishment must:
(a) submit a record keeping plan for approval by the department;
(b) submit to a site visit conducted by the department or local law enforcement; and
(c) complete training provided by the department or local law enforcement that covers the record keeping requirements for retail establishments and issues related to the production of methamphetamine.
(3) Upon completion of these requirements, a retail business may apply, on the form provided by the department, for certification.
(4) If a retail establishment meets the eligibility standards and has successfully completed the certification requirements, the department shall certify the retail establishment.
|23.12.804||RECORD KEEPING REQUIREMENTS|
(a) an inventory of products containing ephedrine or pseudoephedrine purchased by the retailer. The inventory must include:
(i) date of purchase; and
(ii) quantity of purchase;
(b) a record of all sales of products containing ephedrine or pseudoephedrine sold by the retailer. The record must include:
(i) date of sale;
(ii) quantity of product sold;
(iii) a record of the name and signature of the purchaser;
(iv) a record that the purchaser provided proper identification in either the form of a driver's license or other form of photo identification and a record of the identification number; and
(v) a record of the name and signature of the employee who made the sale; and
(c) the cumulative grams of product sold to an individual consumer during any 30-day period.
(1) Certified retail establishments shall have received training by the department or local law enforcement that covers the record keeping requirements for retail establishments, including but not limited to a record keeping system that tracks customer sales in order to prevent an individual customer from purchasing more than nine grams of products containing ephedrine or pseudoephedrine in any 30-day period, and issues related to the production of methamphetamine.
(2) Retail establishments shall be responsible for ensuring that any employees responsible for the intake or sale of products containing ephedrine or pseudoephedrine be trained in the requirements of the law, specifically but not limited to, that employees are trained in the record keeping requirements of this subchapter.
|23.12.807||FAILURE TO COMPLY|
(2) A notice of warning or decertification will be provided in writing by the department to the retail establishment.
(3) If a retail establishment fails to correct the noted area of noncompliance after receiving a warning from the department, the department may issue a notice of decertification.
(4) Challenges to decertification will be considered in accordance with the provisions of the Montana Administrative Procedure Act.
(5) The penalties of this provision are in addition to the criminal penalties set forth in the Montana Code Annotated.
Unless the context indicates otherwise, the words and phrases in this subchapter have the definitions set forth in this rule.
(1) "Administered kit" means a sexual assault evidence kit that has been used to collect forensic evidence from an individual.
(2) "Authorized user" is a person who is designated by a healthcare facility, law enforcement agency, or crime laboratory and who has a registered account in the sexual assault kit tracking system.
(3) "Crime laboratory" means a Montana entity that receives, processes, and tests sexual assault kit evidence.
(4) "Department" means the Montana Department of Justice.
(5) "DOJ Victim Services" means the Montana Department of Justice Office of Victim Services Forensic Rape Examination Payment Program.
(6) "Healthcare facility" means a facility or entity that is licensed, certified, or otherwise authorized by law to administer medical treatment in this state.
(7) "Kit" means a sexual assault evidence kit.
(8) "Law enforcement agency" means a Montana law enforcement service provided directly by a local government as defined in 7-32-201, MCA.
(9) "Stakeholder" means a healthcare facility, law enforcement agency, or crime laboratory in the state of Montana that administers, receives, transfers, or stores sexual assault evidence kits.
(10) "Status" means the current location and status of the kit, including: inventory, collected, held, in evidence, processing, processed, archived, and discarded.
(11) "Tracking system" means the Sexual Assault Kit Tracking System defined in 46-15-405, MCA.
|23.12.902||REQUIREMENT TO DESIGNATE AUTHORIZED USERS|
(1) A stakeholder shall designate at least two authorized users within the healthcare facility, law enforcement agency, or crime laboratory to register for and maintain a sexual assault kit tracking system account.
|23.12.903||PROCEDURE FOR HEALTHCARE FACILITIES TO USE THE SEXUAL ASSAULT KIT TRACKING SYSTEM|
(1) Within 72 hours of receiving a kit from DOJ Victim Services, a healthcare facility shall update the status of the kit in the tracking system.
(2) Within 24 hours of administering a kit, a healthcare facility shall update the status of the kit in the tracking system.
(3) A healthcare facility shall update a kit's status in the tracking system before transferring the kit to a law enforcement agency or DOJ Victim Services.
(4) A healthcare facility shall update a discarded or destroyed kit's status in the tracking system.
|23.12.904||PROCEDURE FOR LAW ENFORCEMENT AGENCIES TO USE THE SEXUAL ASSAULT KIT TRACKING SYSTEM|
(1) Within 72 hours of receiving a kit from a healthcare facility or DOJ Victim Services, a law enforcement agency shall update the kit's status in the tracking system.
(2) Within 72 hours of receiving a tested kit from a crime laboratory, a law enforcement agency shall update the kit's status in the tracking system.
(3) A law enforcement agency shall update a kit's status in the tracking system before transferring the kit to a crime laboratory, another law enforcement agency, or DOJ Victim Services.
|23.12.905||PROCEDURE FOR CRIME LABORATORIES TO USE THE SEXUAL ASSAULT KIT TRACKING SYSTEM|
(1) Within 72 hours of receiving a kit from a law enforcement agency, a crime laboratory shall update a kit's status in the tracking system.
(2) A crime laboratory shall update a kit's status in the tracking system before transferring the kit to a law enforcement agency.
|23.12.906||NOTICE OF VIOLATION|
(1) A written notice of violation shall contain:
(a) the date of the notice;
(b) contact information for the stakeholder;
(c) contact information for the department;
(d) a summary of the complaint made by the department, including:
(i) the specific provisions of the statute or rule alleged to be violated; and
(ii) the specific facts alleged to constitute a violation; and
(e) a description of the department's suggested corrective action.
(2) If a stakeholder is still in violation 30 days after the date of notice received via certified mail from the department, then the department may provide notice of the alleged violation to any legislative committee with jurisdiction over the stakeholder. The department may also provide public notice of the alleged violation.
|23.12.1201||REQUIREMENTS FOR PEACE OFFICERS AND PUBLIC SAFETY OFFICERS TO ATTEND BASIC PROGRAMS|
(1) An applicant to attend MLEA basic programs must be employed by a law enforcement or public safety agency within the state of Montana as a public safety officer as defined in 44-4-401(2), MCA.
(2) Each law enforcement officer basic course applicant shall first be required to pass a physical abilities test developed by the department. An applicant who has passed the test shall be accepted on a first come, first served basis. If the specific course roster that an applicant applies to attend has been filled, the applicant will be placed on a waiting list for that course and also placed on the roster for the next available course. To meet statewide needs, the academy administrator may adjust the placement of applicants to certain course rosters.
(3) Reserve officers who apply to attend basic courses must meet the qualifications and requirements for preservice applicants.
|23.12.1203||BASIC COURSE ATTENDANCE REQUIREMENTS FOR PRESERVICE APPLICANTS|
(1) Preservice applicants are persons not employed as full-time or part-time peace officers. Preservice applicants shall be selected to attend the Montana Law Enforcement Academy Law Enforcement Officer Basic Course based on their ability to meet minimum qualifications. This includes successfully completing the pretest screening of their application, written and physical ability test, oral interview, background investigation, and criminal history investigation. Successful applicants will be ranked in accordance with ARM 23.12.1207. Scheduled attendance by the successful applicants to the Law Enforcement Officer Basic Course will be by order of rank from the applicant list and by course availability. Preservice applicants scheduled to attend the Law Enforcement Officer Basic Course shall receive reporting instructions and other information from the academy administrator or the academy administrator's designee.
|23.12.1204||MINIMUM QUALIFICATIONS FOR PRESERVICE TESTING AND PRETEST SCREENING|
(1) Preservice applicants must meet the minimum qualifications for peace officers as stated in 7-32-303, MCA, with the following exceptions:
(a) applicants must be at least twenty years of age at the date of the test; and
(b) applicants must possess a valid driver's license issued by any state.
(2) Applicants must furnish all personal history information and documentation that may be required by the Montana Law Enforcement Academy on forms furnished by the academy. These include signed release and waiver clauses.
(3) Upon receiving an application and prior to acceptance, the academy will conduct a criminal history and preemployment records check.
|23.12.1205||PRESERVICE TESTING PROCEDURES|
(1) The preservice applicant tests shall be administered by the academy and/or an approved designee, and shall be conducted whenever it is deemed necessary by the academy administrator or the academy administrator's designee. Applicants shall be notified of the test date, time, and location at least thirty days in advance of the test.
(2) The preservice applicant tests shall consist of a written examination that measures general aptitudes, reading, and writing skills.
|23.12.1206||PRESERVICE TEST SCREENING PROCEDURES|
(1) Preservice test screening shall be conducted for those applicants who have successfully completed the testing procedures, who have been ranked according to the ranking procedures, and in accordance with the space available in the Law Enforcement Officer Basic Courses to be presented by the academy in the year following the test date. The availability of space shall be determined by the academy administrator or the academy administrator's designee.
(2) All preservice applicants shall be required to provide two sets of classifiable fingerprints.
(3) The academy administrator or the academy administrator's designee shall conduct criminal history, prior employment, and character and background checks on each applicant selected for further consideration after testing has occurred.
(a) A criminal history investigation may occur before granting an interview to a preservice applicant.
(4) An oral interview board shall be created consisting of the academy administrator or the academy administrator's designee, a representative of a county sheriff's office, a representative of a municipal police department, and a member of the general public.
(a) An alternate representative of a county sheriff's office, representative of a municipal police department, and a member of the general public will also be appointed to serve whenever a representative person is unable to attend an interview. All appointments to the board shall be made by the academy administrator or the academy administrator's designee.
(5) The oral interview board shall interview all preservice applicants who successfully pass the background checks. Applicants who fail the interview will not be considered for admission to any Law Enforcement Officer Basic Course scheduled for the year following this process.
(6) Total possible points for applicants who pass the oral interview will be 55 points. Applicants who pass will be granted from 1-55 points based upon their interview performance.
(7) Any information discovered during any portion of the screening process that is contrary to the qualifications and requirements of 7-32-303, MCA, or of these rules will result in no further consideration of the applicant for attendance in a basic course.
|23.12.1207||RANKING OF PRESERVICE APPLICANTS FOR ELIGIBILITY TO ATTEND THE BASIC COURSE|
(1) Preservice applicants who pass the written tests shall be ranked according to the sum total of the scores achieved in the tests and this score shall be converted to a percentage of the total possible 100.
(2) A maximum of 40 points will be added to this written test score in the following manner, according to credits earned from a postsecondary institution that is accredited by a national or regional accrediting agency:
(a) five points for 30 college semester credits or 45 college quarter credits;
(b) ten points for 60 college semester credits or 90 college quarter credits;
(c) fifteen points for 90 college semester credits or 135 college quarter credits;
(d) twenty points for 120 college semester credits or 180 college quarter credits;
(e) twenty points is the maximum number of points that can be added without having earned a degree;
(f) an additional five points will be added for an associate degree;
(g) an additional ten points will be added for a baccalaureate degree;
(h) an additional 15 points will be added for a master's degree;
(i) an additional 20 points will be added for a doctoral degree;
(j) twenty points is the maximum number of points that can be added for a college degree; and
(k) ten additional points will be added to the written test score of a person who is a veteran.
(3) Five additional points will be added to the written test score of a person who is a reserve officer of a law enforcement agency and is sponsored by the agency's administrator.
(4) A maximum of 55 points will be added to the applicant's written test score based on performance during the oral interview.
(5) Based on this maximum total of 200 points, applicants will be ranked in order by score.
(6) This ranking is meant only to qualify the applicants for attending the Montana Law Enforcement Academy Law Enforcement Officer Basic Course and is not meant to qualify these individuals for employment as peace officers.
|23.12.1208||PROCEDURES FOR REGISTRATION, ATTENDANCE, AND FEES FOR PRESERVICE APPLICANTS|
(1) In order of rank, preservice applicants will be given an opportunity to register for those Law Enforcement Officer Basic Course sessions that are scheduled by the academy. Applicants shall be considered eligible to attend any Law Enforcement Officer Basic Course session scheduled to commence within one year from the date of their ranking.
(2) Once the scheduled preservice roster is full for a particular Law Enforcement Officer Basic Course session, applicants will be placed on a waiting list by order of rank.
(3) Registered applicants who decline to participate in a Law Enforcement Officer Basic Course session may be required to retest, but may be allowed to reregister for another session at the discretion of the academy administrator or the academy administrator's designee.
(4) At least 30 days before a Law Enforcement Officer Basic Course session is scheduled to begin, registered applicants will be required to complete and pass a medical examination which will be conducted by a health care professional selected and paid for by the applicant.
(5) At least 30 days before a Law Enforcement Officer Basic Course session is scheduled to begin, registered applicants will be required to provide proof of medical insurance coverage for the period of the basic course. Other final documentation required by the academy must also be provided at least 30 days in advance.
(6) Cost for participation in the Law Enforcement Officer Basic Course Preservice Program is $5,100 for in-state residents and $7,100 for out-of-state residents. These fees include room and board, instructional costs, training and education materials, and equipment and supplies. A $300 nonrefundable deposit, which is deducted from the total cost of participation, must be paid within ten days of acceptance into the Preservice Program.
(a) For purposes of the Montana Law Enforcement Academy Preservice Program, a person is considered a Montana resident if they have resided in the state for 180 consecutive days. Applicants may be required to provide sufficient documentation to prove residency.
(7) Preservice students who leave a Law Enforcement Officer Basic Course voluntarily or who are dismissed will be granted a tuition refund on the following basis:
(a) 75% of the tuition fee will be refunded to applicants who leave during the first week of the basic course;
(b) 50% of the tuition fee will be refunded to applicants who leave during the second week of the basic course; and
(c) no refund will be made to applicants who leave the basic course after the second week of training.
(8) At least 30 days before the starting date of a Law Enforcement Officer Basic Course session, registered applicants will receive a packet of information that includes reporting information and the name and address of the course manager for the particular basic course session.
(9) Registered applicants will also receive a copy of the student handbook and student agreement (conduct rules) at this time.
|23.12.1301||RULES OF CONDUCT FOR STUDENTS ATTENDING PROGRAMS UPON THE MONTANA LAW ENFORCEMENT ACADEMY CAMPUS|
(1) Students must agree in writing to accept and act in accordance with the rules as stated in the Montana Law Enforcement Academy student agreement governing their conduct and behavior while attending programs upon the Montana Law Enforcement Academy campus.
(2) The student agreement for basic students shall specifically address the following rules:
(a) students are prohibited from consuming or possessing any alcoholic beverages on the academy campus; and
(b) students are prohibited from gambling of any kind while on the academy campus.
(3) The student agreement may also specify other rules and regulations that the academy administrator or the academy administrator's designee may deem as proper and necessary in order to manage the campus and courses in a safe and orderly manner.
|23.12.1411||STUDENT ACADEMIC PERFORMANCE REQUIREMENTS FOR MONTANA LAW ENFORCEMENT ACADEMY COURSES|
(1) A student must achieve a final grade score of 75 percent of the total possible points that can be accumulated for all graded examinations, exercises, and assignments.
(2) A student must meet a 90 percent attendance rating of not only the overall course but of each unit of instruction. In the Law Enforcement Officer Basic Course this includes law and criminal procedure, human behavior and social interaction, patrol operations, investigations, health and wellness, traffic enforcement, and survival skills.
|23.12.1412||OTHER STUDENT PERFORMANCE MEASURES|
(1) Written and practical assignments will be scored. Student scores will be used in the following manner:
(a) the scores may be part of the final grade, and can be used to establish class ranking of the student;
(b) the scores achieved by a student will be documented in the student's file; and
(c) when applicable, a summary of the student's scores will be sent to the student's agency administrator.
(2) Performance evaluations will be conducted on a regular basis by the academy administrator or the academy administrator's designee. Performance evaluations will be summarized orally and in writing and based upon categories that objectively reflect students' participation in Montana Law Enforcement Academy courses. This may include but is not limited to the following areas:
(b) interpersonal skills; and
(c) effectiveness under stress.
(3) The evaluation will consist of various levels of performance including but not limited to:
(a) exceeds demands;
(b) meets demands;
(c) needs to improve; and
(d) not acceptable.
(4) Pass/fail requirements for student performance evaluations are:
(a) a total of three "needs to improve" evaluations in any one specific category or a total of any two "not acceptable" evaluations will result in a corrective action plan, or could result in immediate dismissal from the Law Enforcement Officer Basic Course by the academy administrator or the academy administrator's designee.
(5) A copy of the performance evaluation criteria and a written summary of a student's performance evaluation will be provided to the student and to the student's agency administrator.
|23.12.1413||MONTANA LAW ENFORCEMENT ACADEMY FIREARMS PERFORMANCE REQUIREMENTS FOR THE LAW ENFORCEMENT OFFICER BASIC COURSE|
(1) A student must achieve a passing score in the Montana Law Enforcement Academy firearms training course.
(2) The total accumulative points possible for the firearms training course shall be determined by the academy administrator or the academy administrator's designee.
|23.12.1414||PHYSICAL ABILITIES PERFORMANCE REQUIREMENTS FOR THE LAW ENFORCEMENT OFFICER BASIC COURSE|
(1) All students will be required to perform and pass a physical abilities test prior to acceptance into the law enforcement officer basic course.
(2) A document detailing fitness requirements, academy expectations, and student preparation procedures will be furnished to all students who register for the basic course.
(3) Student performance will be measured at times during and/or before the basic course. These testing times may consist of the following:
(a) an entry physical abilities test within 90 days of the start of the basic course;
(b) midterm physical abilities test; and
(c) final physical abilities test.
(4) Students who arrive at the academy with an injury or condition that prevents them from attempting any of the prescribed physical abilities tests will not be accepted into the basic course.
(5) At the prescribed physical abilities tests, the student must pass required levels of performance as prescribed by administrative policy. Students who fail to meet the required performance levels will be given opportunity for retest within ten business days of the posted date of failure. Failure to pass the prescribed physical abilities test may result in expulsion or termination from the basic course.
|23.12.1415||STUDENT'S FINAL RANKING IN THE BASIC COURSE CLASS|
This rule has been repealed.
|23.12.1416||BASIC COURSE ACHIEVEMENT AWARDS|
(a) Academic--awarded to the student that successfully passes all phases of training and attains the highest final grade in the class.
(b) Firearms--awarded to the student that has the highest score on the firearms qualification course.
(c) Physical fitness--awarded to the student that achieves the highest aggregate total of the four fitness tests in all three times it is taken.
(d) Academy staff--awarded to the student that demonstrates all the requisite skills to become an exceptional law enforcement officer. The recipient is selected by a vote of the class students.
(e) Representative--is selected by the class students to represent them as a body and deliver a graduation address at the graduation ceremonies.
(2) Additional awards may be presented, when authorized by the academy administrator, for recognition of excellence or outstanding performance.