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(1) The FPIS adopts and incorporates by reference the International Fire Code 2021 Edition (2021 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, www.iccsafe.org.

(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) 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 pose 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, 12, 20 through 35, 37, 39, and 50 through 67.

(d) 106 CONSTRUCTION DOCUMENTS is not adopted.

(e) 107 FEES is not adopted.

(f)  108.2.1 Inspection requests is not adopted.

(g)  108.2.2 Approval required is not adopted.

(h)  108.3 Concealed work is not adopted.

(i)  111 MEANS OF APPEALS is not adopted.

(j) 202 GENERAL DEFINITIONS is amended by adding or modifying the following definitions:

(i) BUILDING OFFICIAL. Add "The Chief of the Building and Commercial Measurements 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."

(ii) FARM. A tract of land devoted to agricultural purposes.

(iii) 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.

(iv) NATIONALLY RECOGNIZED STANDARDS. Includes, but is not limited to, any of the standards referenced in: NFPA; IFC 2021 edition, Underwriters Laboratories Inc. (UL); American Petroleum Institute (API); American Society for Testing and Materials (ASTM); and American National Standards Institute (ANSI).

(v) OCCUPANCY CLASSIFICATION. Group E, day care facilities.

(A) Fifteen or fewer children.

(B) Fifteen or fewer children in a dwelling unit.

(vi) RANCH. A tract of land devoted to agricultural purposes.

(vii) RURAL AREA. Those areas located three miles or more beyond (outside) the corporate limits of a Class 1 or Class 2 city, as defined in 7-2-4111, MCA, when the Class 3 city's population is more than 1,500 residents. In the case of any unincorporated place, city, or community, or town, the 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.

(k) 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."

(l)  311.6 Unoccupied tenant spaces in mall buildings.  2. and 3. are not adopted.

(m)  319.1 General.  Add last sentence "Mobile food preparation vehicles manufactured prior to the adoption of this code shall comply with sections 319.3 and 319.4 on or before May 1, 2024."

(n)  319.10.3 Fuel gas systems is not adopted.

(o) 405.3 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 405.3, delete the word "monthly" from the Frequency column, applicable to Group E, and replace with "20-1-402, MCA."

(p)  407.5 Hazardous Materials Inventory Statement is not adopted.

(q)  407.6 Hazardous Materials Management Plan is not adopted.

(r)  407.7 Facility closure plans is not adopted.

(s) 903.2.4.2 Group F-1 distilled spirits.  Amend by adding the following paragraph:  "Exception:  An automatic sprinkler system is not required where a Group F-1 fire area used for the manufacture of distilled spirits is not more than one story above-grade plane, and not exceeding 2.500 square feet."

(t)  903.2.8 Group R.  Delete and replace with the following:

(i)  "An approved automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all Group R buildings meeting any of the following criteria:

(A)  nine or more transient guests or five or more transient guest rooms;

(B)  nine or more occupants in other than dwelling units;

(C) five or more dwelling units; or

(D) more than two stories.

(ii)  In lieu of the above-required automatic sprinkler system in buildings not more than three stories above the lowest level of exit discharge, each transient guest room may be provided with at least one door leading directly to an exterior exit access that leads directly to approved exits.

(iii)  "Transient guest" for the purpose of this subsection shall mean an occupant who is primarily transient in nature, staying at one location for 30 days or less."

(u)  903.2.9.3 Group S-1 distilled spirits or wine.  Amend by adding the following paragraph:  "Exception:  An automatic sprinkler system is not required where a Group S-1 fire area used for the bulk storage of distilled spirits or wine is not more than one story above grade plane, and not exceeding 2,500 square feet."

(v)  903.3.5 Water Supply.  Amend by adding the following:  "This subsection shall apply to buildings which are required by the International Building Code to be provided with an automatic fire extinguishing system and do not have access to an existing multiple user water supply system, such as a municipal water supply system or a private community water supply system, capable of providing the water supply requirements of National Fire Protection Association Standard for the Installation of Sprinkler Systems, 2019 edition (NFPA 13).  Under such circumstances, water storage requirements may be modified by the building official.  The modified design shall include sufficient storage onsite to operate the hydraulically remote area for the response time of the local fire department.  Response time is the time from alarm to the time the fire department can apply water to the fire.  Response time shall be established by the use of the formula T = 6.5 minutes (mobilization time) + 1.7 minutes/mile D (travel time), where T is response time, in minutes, and D is distance, in miles, from the fire station to the building.  The modified water supply shall be sufficient to operate the system for the response time calculated above but not be less than 20 minutes.  Water supply requirements shall be established by using the area/density method as defined in NFPA 13.  A reduction in water storage of up to 50 percent, but not less than that required for a 20-minute supply is allowed.  All automatic fire sprinkler system designs and components shall be in compliance with NFPA 13.  When a modified water storage is allowed, the automatic fire sprinkler system must be equipped with a flow alarm, digital alarm communicator transmitter, and a fire department connection.  The automatic fire sprinkler system shall be monitored by an approved central station in accordance with NFPA 72, National Fire Alarm Code, 2019 edition."

(w) 903.6 Where required in existing buildings and structures is not adopted.

(x) 906.1 Where required. Exception 1 is not adopted.

(y) 1009.8 Two-way communication.  Add "Emergency elevator communication equipment systems for the deaf, hard of hearing, and speech impaired, is amended as follows:  Emergency elevator communication systems for the deaf, hard of hearing, and speech impaired.  An emergency two-way communication system shall be provided in accordance with the provisions of ASME A17.1/CSA B44 and NFPA 72."

(z) 1010.2 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."

(aa) 1020.2 Construction.  Amend by adding the following:  "Upgrading of corridors in existing E occupancies serving an occupant load of 30 or more, may have walls and ceilings of not less than one-hour fire-resistive construction as required by this code.  Existing walls surfaced with wood lathe and plaster in good condition or 1/2-inch gypsum wallboard or openings with fixed wired glass set in steel frames are permitted for corridor walls and ceilings and occupancy separations when approved.  Doors opening into such corridors shall be protected by 20-minute fire assemblies or solid wood doors not less than 1 3/4 inches (45 mm) thick.  Where the existing frame will not accommodate the 1 3/4-inch-thick door, a 1 3/8-inch-thick solid bonded wood-core door or equivalent insulated steel door shall be permitted.  Doors shall be self-closing or automatic closing by smoke detection.  Transoms and openings other than doors from corridors to rooms shall comply with this code or shall be covered with a minimum of 3/4-inch plywood or 1/2-inch gypsum wallboard or equivalent material on the room side.  Exception:  Existing corridor walls, ceilings, and opening protection not in compliance with the above may be continued when such buildings are protected with an approved automatic sprinkler system throughout.  Such sprinkler system may be supplied from the domestic water system if it is of adequate volume and pressure."

(ab) Table 1020.2 CORRIDOR FIRE-RESISTANCE RATING, R Occupancy, replace "Greater than 10" with "Greater than 8."

(ac) 1031.2 Where required.  Amend as follows: "In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be required in all sleeping rooms in Group R occupancies located in buildings that do not have an automatic sprinkler system and in the following occupancies:"

(ad) Table 1103.1 OCCUPANCY AND USE REQUIREMENTS.  Amend to include "R" (required to comply) for Section 1103.9 under "E" Occupancy Classification column.

(ae) 1103.5 Sprinkler systems is not adopted.

(af)  1207.1.2.1 Communication utilities is not adopted.

(ag)  1207.10.4 Construction documents is not adopted.

(ah)  1207.10.5 Approved locations is not adopted.

(ai)  1207.10.7.5 Local staging.  Delete words "when the permit is issued."

(aj)  2006.2 Airport fuel systems.  Change NFPA 407 to NFPA 407-12.

(ak)  2006.3 Construction of aircraft-fueling vehicles and accessories.  Change NFPA 407 to NFPA 407-12.

(al)  2306.2.3 Above-ground tanks located outdoors, above grade, is adopted.  See 50-3-103, MCA, for modifications.  In paragraph 4., change Section 5706.2 to ARM 23.12.605.

(am) 2306.7.9 through 2306. Vapor-recovery and vapor-processing systems are not adopted.

(an) 3103.2 Approval required. Adopted, but deleting "a permit and."

(ao)  3103.7 Inspections.  Delete the word "permit." After Exception: delete the word "Permit."

(ap)  3104.2 Flame propagation performance testing and certification.  In the first and last sentence of the paragraph, change the word "permit" to "approval."

(aq)  3105.5 Required documents.  Delete the words "the fire code official and."

(ar)  3106.4.1 Public safety plan for gatherings.  Delete the words "with the application for an operational permit as required by section 3106.2.2."

(as)  3201.3 Construction documents. In the first sentence, delete the words "and at the time of application for a storage permit."  In the second sentence, change the words "storage permit" to "building permit."

(at)  3201.4 Fire safety and evacuation plan.  Delete the words "at the time of permit application."

(au)  3504.3 Area reviews.  In the first sentence, delete the words "while the permit is in effect" and delete the second sentence "Information shown on the permit shall be verified prior to signing the permit in accordance with Section 105.5." 

(av)  5001.6.1 Temporarily out-of-service facilities.  Delete the words "maintain a permit and."

(aw)  5001.6.2 Permanently out-of-service facilities.  Replace paragraph with "Facilities not monitored and inspected on a regular basis shall be deemed to be permanently out of service and shall be closed in an approved manner."

(ax)  5003.3.1.1 Records.  Delete the words "by the permittee."

(ay)  5003.5 Hazard identification signs.  Delete the words "in quantities requiring a permit and."

(az)  5307.4.1 Documentation.  Change the words "with the application for permit" to "to the fire code official for approval."

(ba)  5503.1.1.1 Data submitted for approval.  Delete the words "with the application."

(bb) 5601.1.3 Fireworks - is not adopted and is replaced by Title 50, chapter 37, MCA.

(bc) 5601.2 Permit required. Replace section 105.5 with 50-37-107, MCA.

(bd) 5601.2.2 through 5601.2.4.2 are not adopted and are replaced with Title 50, chapter 37, MCA.

(be)  5606.5 through 5606.5.2.3 Display and storage in Group M occupancies are not adopted and are replaced with 50-61-120 and 50-61-121, MCA.

(bf)  5608.1 General.  Add "and Title 50, chapter 37, MCA" at end of sentence.

(bg)  5608.2 Permit application.  Delete words "Prior to issuing permits for a fireworks display."  Add sentence "An application shall be submitted to FPIS a minimum of 15 days prior to the date of display."

(bh) 5706.1 General. In paragraph 1., delete "farms and."

(bi) 5706.2 Storage and dispensing of flammable and combustible liquids on farms and construction sites. Delete "farms and" from the heading and "on farms and rural areas and" from the paragraph. Add at the end of the paragraph "See ARM 23.12.605 for requirements of farms and rural areas."

(bj)  5706.2.5.1 Tanks with top openings only.  Paragraph 2. is not adopted.

(bk)  5706.5.4.5 Commercial, industrial, governmental or manufacturing.  Paragraph 1. is not adopted.  Delete the first sentence in paragraph 3.

(bl)  5707.1.1 Approval required.  Delete the words "first obtaining a permit and."

(bm)  On page 80-12, Referenced Standards, change NFPA 407-17 to NFPA 407-12.

(bn) Appendix B, Fire Flows, is adopted.

(bo) Appendix C, Hydrants, is adopted.

(bp)  Appendix E, Hazard Categories, is adopted.

(bq)  Appendix F, Hazard Ranking, is adopted.

(br)  Appendix G, Cryogenic Fluids - Weight and Volume Equivalents, is adopted.

(bs) Appendix I, Fire Protection Systems Non-Compliant Conditions, is adopted.


History: 50-3-102, MCA; IMP, 50-3-103, MCA; NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 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; TRANS, from ARM 23.7.301, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10; AMD, 2013 MAR p. 1832, Eff. 7/26/13; AMD, 2013 MAR p. 2422, Eff. 12/27/13; AMD, 2023 MAR p. 212, Eff. 3/11/23.

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