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24.301.202    ADOPTION OF CODES

(1) The codes adopted by cities, counties, and towns must be the same as those adopted by the department. However, cities, counties, or towns need only adopt those codes, which they are certified to enforce; that is, plumbing, electrical, building or mechanical. The codes adopted by cities, counties, and towns must be the same edition with the same amendments as those adopted by the department. Each time the department modifies the codes, cities, counties, and towns must modify their codes to conform to the department's codes. The department will notify cities, counties, and towns of these code modifications, at which time they will have 90 days from receipt of the notice to conform their codes. Cities, counties, and towns shall notify the department in writing when the updated codes have been adopted and are being enforced. Such notification shall include a copy of the appropriate code adoption ordinance(s) or administrative action.

(2) An ordinance authorizing the adoption of a building code by administrative action must state, at a minimum:

(a) the type of codes which will be enforced, i.e., plumbing, electrical, building, or mechanical; and

(b) the individual, identified by position title, who has the authority to sign the administrative action.

(3) Discretionary provisions of a city, county, or town building code, i.e., provisions which are not mandated by the department, may not be adopted by administrative action.

(4) An automatic adoption ordinance which simply refers to the codes as may be adopted by the department, is not an acceptable code adoption ordinance as it is not sufficiently clear as to what codes are being enforced.

History: 50-60-302, MCA; IMP, 50-60-301, 50-60-302, MCA; NEW, 1979 MAR p. 142, Eff. 2/16/79; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1989 MAR p. 476, Eff. 4/28/89; 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.

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