24.301.207 ANNUAL REPORT

(1) A city, county, or town with a certified code enforcement program may submit to the Department of Labor and Industry an annual report. The department may request a city, county, or town with a certified code enforcement program which has not filed an annual report in accordance with this rule to respond to inquiries regarding its code enforcement program so the department can ensure program functions are being properly performed as required by 50-60-302 (2) , MCA. The department may also make similar inquiries to clarify or further examine details provided in annual reports.

(2) The voluntary annual report should be filed with the department on or before September 1st of each year for the immediately preceding fiscal year. Information provided in annual reports should correspond directly to each item listed in (3) (a) through (k) , and each item should be answered and tabbed separately from all other annual report information. The bureau will make an annual report example format available to all Montana cities, counties, and towns prior to September 1, 2004.

(3) Except as provided in (4) , the annual report should contain the following information if there is a change in particular item of information as it was reported for the previous year:

(a) an official map or certified legal description of the jurisdictional area;

(b) a list of building related codes, including edition dates, being enforced by the city, county, or town;

(c) copies of ordinances which adopt each building-related code or each administrative order used to adopt each building-related code if not previously provided in accordance with ARM 24.301.202;

(d) a list of the type of structures subject to and a list of the type of structures exempted from the building related codes;

(e) a schedule of fees charged for permits;

(f) an accounting of the collection and expenditure of fees and charges for the immediately preceding fiscal year;

(g) a copy of the ordinance establishing the appeal procedure or the acknowledgment that the International Building Code appeals procedure will be followed;

(h) a list of the members of the appeals board and their qualifications;

(i) the current plan for enforcement:

(i) a general description of how permits are applied for and issued;

(ii) how plan reviews are conducted;

(iii) how and when inspections are made;

(iv) how final approvals or certificates of occupancy are issued; and

(v) how factory-built buildings and manufactured homes are permitted and inspected;

(j) a list of employees inspecting, reviewing plans or approving any installation with descriptions of responsibilities and qualifications of each employee as provided in ARM 24.301.206; and

(k) if any services relating to building code enforcement are provided through contractual arrangements, a current copy of any and all such contracts.

(4) Beginning on September 1, 2004, and continuing thereafter on a three year rotating basis, cities, counties and towns shall submit annual reports which provide detailed answers to each of the criteria listed in (3) , even if there has been no change since the previous reporting period, as follows:

(a) beginning in September 2004, cities, counties and towns whose names begin with the letters A through H;

(b) beginning in September 2005, cities, counties, and towns whose names begin with the letters I through P; and

History: 50-60-203, 50-60-302, MCA; IMP, 50-60-302, MCA; NEW, 1998 MAR p. 2563, Eff. 9/25/98; AMD, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; AMD, 2003 MAR p. 2299, Eff. 10/17/03.