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24.301.511    DEFINITIONS

For use throughout these rules, the terms herein set forth shall have the following meanings:

(1) "Bureau" means the Building Codes Bureau of the Department of Labor and Industry.

(2) "Components" means the prefabricated wall, floor, ceiling or roof panels or pre-cut building kits or similar units of construction or any combination of such units.

(3) "Custom-made unit" means a factory-built housing unit constructed with individual specifications for one or a limited number of models.

(4) "Effective date" means the date these rules governing factory-built buildings became effective according to the provisions of the Administrative Rules of Montana. The effective date of these original rules means March 1, 1975.

(5) "Engineer" means a professional engineer who, by reason of special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired the right to practice engineering as attested by his registration as a professional engineer.

(6) "Factory-built building" means a factory assembled structure or structures equipped with the necessary service connections but not made so as to be readily movable as a unit or units and designed to be used with a permanent foundation.

(7) "Insignia" means a seal or label issued by the bureau to indicate compliance on the date of issuance with these rules and Title 50, chapter 60, MCA.

(8) "Listing agency" means an agency approved by the bureau which is in the business of listing or labeling, and which maintains a periodic inspection program on current production of listed models, and which makes available at least an annual published report of such listing in which specific information is included and that the product has been tested to approved standards and found safe for use in the specified manner.

(9) "Local enforcement agency" means the zoning or building department of a city, town or county.

(10) "Alteration or conversion" means the replacement, addition, modification or removal of any equipment or installations which may affect construction, fire safety, occupancy, plumbing, heat-producing or electrical systems or the functions thereof, of units subject to these rules.

(11) "Model" means a specific design width of factory-built building or components thereof as designed by the manufacturer.

(12) "Model group" means two or more manufacturer-designed factory-built buildings or components thereof, which constitute one model.

(13) "Prohibited sales notice" means a printed notification issued by the bureau that the unit may not be offered for sale because of violations of these rules.

(14) "System" means an arrangement or method based on maximum capacity for structural, plumbing, heating or electrical installations.

(15) "Testing agency" means an organization, which is:

(a) in the business of testing equipment and installations;

(b) qualified and equipped for such experimental testing;

(c) not under the jurisdiction or control of any manufacturer or supplier for any affected industry;

(d) making available a published report in which specific information is included stating that the equipment and installations tested were found to meet the applicable standards in the specified manner;

(e) conducting tests computed under the control of a licensed professional engineer;

(f) approved by the bureau.

(16) "Third party certification and inspection agency" means an agency which:

(a) inspects and certifies, in lieu of state inspectors, that any unit manufactured after the effective date of these rules conforms to the requirements and standards set forth herein;

(b) is not under the control or jurisdiction of any supplier, manufacturer or dealer, except by a contract for quality control and/or inspections of units for conforming to the requirements and standards set forth herein;

(c) reports to the bureau a listing of the manufacturers under contract and also the specific products receiving certification;

(d) reports to the bureau at least quarterly the level of quality control within the manufacturer's plant, their methods of inspections and the names of personnel making inspections.

(17) "Unit" means a factory-built building and components thereof.

History: 50-60-203, 50-60-401, MCA; IMP, 50-60-203, 50-60-401, MCA; NEW, Eff. 3/1/75; AMD, Eff. 4/4/77; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1997 MAR p. 2061, Eff. 11/18/97; TRANS, from Commerce, 2001 MAR p. 2301.

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