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23.7.101A    DEFINITIONS

Unless the context requires otherwise, the following definitions apply to the rules in ARM Title 23, chapter 7:

(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 program, 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)  "Fire alarm system" means a combination of approved compatible devices with the necessary electrical interconnection and energy to produce an alarm signaling the event of fire or system activation but does not include single station smoke or heat detectors.

(9)  "Fire code" means the edition of the National Fire Protection Association 1 Uniform Fire Code, (NFPA 1/UFC) currently adopted by the fire prevention and investigation program (FPIP) and any additions thereto currently adopted by the FPIP.

(10) "Fire department" and "bureau of fire prevention" are treated as referring to the fire prevention and investigation program of the department of justice or, when made applicable by statute or rule or the context thereof, to the appropriate local jurisdiction.

(11) "Fire extinguisher" means a portable device containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing a fire.

(12) "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.

(13) "Fire prevention and investigation program or FPIP" is the fire prevention and investigation program in the state fire marshal's office of the department of justice.

(14) "Fire protection equipment" means the components of any fire alarm system, special agent fire suppression system, or fire extinguishing system.

(15) "Fire service area" means a local government unit established and operated pursuant to Title 7, chapter 33, part 24, MCA.

(16) "Fire sprinkler system" means a fire extinguishing system.

(17) "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.

(18) "License" means the document issued by the department of commerce which authorizes a person or entity to engage in the business of servicing fire extinguishers.

(19) "Local authority" means a fire agency, law enforcement agency or other governmental agency having jurisdiction in a given location.

(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 NFPA 1 Uniform Fire Code, (NFPA 1/UFC) by reference, such provision is hereby adopted for application to all buildings within the jurisdiction of the FPIP, 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.

(21) "NICET" means national institute for certification in engineering technologies.

(22) "Ordinance" means state law, city or county ordinance, or rule adopted by the fire prevention and investigation program.

(23) "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.

(24) "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.

(25) "Single family private house" means a dwelling unit as the term dwelling unit is defined by NFPA 1/UFC section 3.3.66, no part of which is rented to another person.

(26) "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.

History: 50-3-102, MCA; IMP, 50-3-102, MCA; NEW, 1993 MAR p. 2953, Eff. 12/10/93; AMD, 1996 MAR p. 439, Eff. 2/9/96; AMD & TRANS, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 634, Eff. 3/26/04; AMD, 2005 MAR p. 260, Eff. 2/11/05.

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