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Montana Administrative Register Notice 24-301-351 No. 7   04/15/2022    
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               BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                                             STATE OF MONTANA 

 

In the matter of the amendment of ARM 24.301.109, 24.301.131, 24.301.138, 24.301.142, 24.301.146, 24.301.154, 24.301.161, 24.301.171, 24.301.172, 24.301.173, 24.301.175, and 24.301.181 pertaining to building codes incorporation by reference; 24.301.201, 24.301.202, 24.301.204, 24.301.205, 24.301.206, 24.301.207, 24.301.208, 24.301.210, 24.301.212, 24.301.213, and 24.301.231 pertaining to local government enforcement; 24.301.301, 24.301.351, and 24.301.371 pertaining to plumbing requirements; 24.301.401, 24.301.411, 24.301.431, and 24.301.451 pertaining to electrical requirements; 24.301.602, 24.301.603, 24.301.606, and 24.301.607 pertaining to the elevator code; and the repeal of 24.301.209 special reports

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

            1. On May 6, 2022, at 1:00 p.m., a public hearing will be held via remote conferencing to consider the proposed amendment and repeal of the above-stated rules. There will be no in-person hearing. Interested parties may access the remote conferencing platform in the following ways:

            a. Join Zoom Meeting, https://mt-gov.zoom.us/j/81929206197

                  Meeting ID: 819 2920 6197, Passcode: 573426

                  -OR-

            b. Dial by telephone, +1 406 444 9999 or +1 646 558 8656

                  Meeting ID: Meeting ID: 819 2920 6197, Passcode: 573426

 

            The hearing will begin with a brief introduction by department staff to explain the use of the videoconference and telephonic platform. All participants will be muted except when it is their time to speak.

 

            2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the Building Codes Program no later than 5:00 p.m., on April 29, 2022, to advise us of the nature of the accommodation that you need. Please contact Traci Collett, Building Codes Program, 301 South Park Avenue, P.O. Box 200517, Helena, Montana 59620-0517; telephone (406) 841-2016; Montana Relay 711; facsimile (406) 841-2050; or buildingcodes@mt.gov.

 

            3. GENERAL STATEMENT OF REASONABLE NECESSITY: To provide reasonably uniform standards for construction and materials in the state building code as required by 50-60-201, MCA, the Building and Commercial Measurements Bureau of the Department of Labor and Industry (department) is amending certain administrative rules to adopt and incorporate by reference the new editions of numerous nationally recognized building codes, with stated exceptions.  The department is also proposing amendments throughout the rules in response to and to coincide with the adoption and incorporation by reference of these building codes. The revisions follow the three-year update (2021) generally used by code companies. The department sought and received significant stakeholder input on the changes in three listening sessions during May and June 2021. On December 8, 2021, the Building Codes Council convened to consider the changes and gave their support on all of the proposed changes.

            A majority of the proposed changes only renumber sections or tables of the updated codes without substantive changes.  Other amendments will improve readability, such as utilizing acronyms and abbreviations, and correcting references from the Building and Commercial Measurements Bureau to the department as the entity responsible for enforcing code compliance.  Additional grammatical and numbering changes are necessary to comply with ARM formatting requirements.  Where additional specific bases for a proposed action exist, the department will identify those reasons immediately following that rule.

 

            4. The rules proposed to be amended are as follows, stricken matter interlined, new matter underlined:

 

            24.301.109 DEFINITIONS (1) As used in this chapter:

            (a) remains the same.

            (b) "IBC" means the International Building Code, 2018 2021 edition.

            (c) "IMC" means the International Mechanical Code, 2018 2021 edition.

            (d) "IFGC" means the International Fuel Gas Code, 2018 2021 edition.

 

            AUTH:   50-60-203, MCA

            IMP:       50-60-203, MCA

 

REASON: The department is updating the edition dates in the definitions to align with the proposed adoption of the 2021 codes in this notice.

 

            24.301.131 INCORPORATION BY REFERENCE OF INTERNATIONAL BUILDING CODE (1) The department adopts and incorporates by reference the International Building Code, 2018 2021 edition, unless another edition is specifically stated, together with Appendix Chapter C (Group U - Agricultural Buildings).

            (2) and (3) remain the same.

 

            AUTH:   50-60-203, MCA

            IMP:       50-60-203, MCA

 

            24.301.138 CALCULATION OF FEES (1) through (4)(c) remain the same.

            (d) For purposes of modifying the building valuation values derived from the square-foot method calculations of (4)(c), the calculated building valuation shall be multiplied by a factor of 0.70 0.35 to arrive at a final calculated building valuation. For purposes of modifying firm bids or the design professional's preliminary cost estimate, the provided valuation shall be multiplied by a factor of 0.6 to arrive at a final building valuation.

            (e) through (8) remain the same.

 

            AUTH:   50-60-104, 50-60-203, MCA

            IMP:       50-60-103, 50-60-104, 50-60-203, MCA

 

REASON: It is reasonably necessary to reduce the building valuation multiplier in (1)(d) and add a new multiplier for firm bids and design professional's estimates to reduce fees and comply with 17-2-302 and 17-2-303, MCA, by maintaining the Building Codes Program's (program) cash balance at less than twice the annual appropriation. The reductions will gradually decrease the program's cash balance to meet statutory requirements while ensuring adequate revenue to support program activities through the next biennium. Currently, the building codes account is $2M over the limit allowed to be kept in reserve. The department notes that all the proposed fee changes have been vetted publicly and endorsed by vote of the Montana Building Codes Council.

            The department estimates the fee reductions will affect approximately 1,100 firm bidders and design professionals and applicants for inspections or re-inspections for elevators, escalators, and moving walks, and result in a $1,582,646.50 reduction in annual revenue.

 

            24.301.142 MODIFICATIONS TO THE INTERNATIONAL BUILDING CODE APPLICABLE ONLY TO THE DEPARTMENT'S CODE ENFORCEMENT PROGRAM (1) through (7)(b) remain the same.

            (c) "Formal Written Approval: In situations where the department was unable to perform the required inspections referenced in Section 110 of the IBC, but no significant deficiencies from the state building code have been noted, the bureau department may issue a letter of formal written approval in lieu of a certificate of occupancy."

            (8) through (10) remain the same.

 

            AUTH:   50-60-203, MCA

            IMP:       50-60-107, 50-60-108, 50-60-109, 50-60-203, 50-60-212, MCA

 

REASON: The department is amending (7)(c) to clarify it is the department, not the bureau that issues formal written approval in lieu of a certificate of occupancy.

 

            24.301.146 MODIFICATIONS TO THE INTERNATIONAL BUILDING CODE APPLICABLE TO BOTH THE DEPARTMENT'S AND LOCAL GOVERNMENT CODE ENFORCEMENT PROGRAMS (1) through (8) remain the same.

            (9) Subsection 107.3.1 is amended by the addition of deleted and replaced with the following sentence: "When the building official issues the permit where plans are required, the building official shall approve the construction documents, with corrections as required, or with adequate written resolution of deficiencies noted in plan review comments."

            (10) through (13) remain the same.

            (14) Subsection 903.3.5, Inadequate Water Supply, is amended by addition of 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, 2016 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, 2016 2019 edition."

            (15) The following modifications apply to IBC Group A-3 occupancies, and IBC Group A-4 occupancies:

            (a) Buildings with a fire area less than 6,000 square feet without feasible access to a municipal water supply shall be permitted to be constructed without a fire sprinkler system, provided the following conditions are met:

            (i) buildings are not more than one story above grade plane;

            (ii) the occupant load factor of '5 net' shall be used to calculated egress requirements in accordance with IBC chapter 10;

            (iii) at least 50 percent of the number and minimum width or required capacity of the exits shall discharge directly to the exterior of the building;

            (iv) the maximum common path of egress travel distance shall not exceed 75 feet;

            (v) local fire department response time is less than 20 minutes; and

            (vi) a fire alarm system is installed in accordance with NFPA 72.

            (b) The building official may waive, in the building official's discretion, one of the required conditions in (a) if the exterior of the building is constructed of noncombustible materials.

            (15) and (15)(a) remain the same but are renumbered (16) and (16)(a).

            (i) Installation of Sprinkler Systems: NFPA 13 Standard for the Installation of Sprinkler Systems, 2016 2019 edition.

            (ii) Installation of Sprinkler Systems in Group R Occupancies Four Stories or Less: NFPA 13R Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, 2016 2019 edition.

            (b) Standpipe Systems: NFPA 14 Standard for the Installation of Standpipe and Hose Systems, 2016 2019 edition.

            (c) remains the same.

            (16) remains the same but is renumbered (17).

            (18)  Subsection 903.2.4.2 is amended to include: "Exception: An automatic sprinkler system is not required where a Group F1 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."

            (19)  Subsection 903.2.9.3 is amended to include: "Exception: An automatic sprinkler system is not required where a Group S1 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."

            (17) through (22) remain the same but are renumbered (20) through (25).

            (23) (26) Subsection 2902.3, Required Public Toilet Facilities, is deleted in its entirety. and replaced with "Required public toilet facilities shall be provided in accordance with the Uniform Plumbing Code 2021 Subsection 422.4."

            (24) and (25) remain the same but are renumbered (27) and (28).

            (26) (29) Delete Section 3109 in its entirety and replace with the International Swimming Pool and Spa Code, 2018 2021 edition as adopted in ARM 24.301.175.

            (27) through (33) remain the same but are renumbered (30) through (36).

            (34) (37) Aircraft hangars, even if for private use, are not exempt as private garages or private storage structures unless located on the same parcel of private property or lot as the owner's residence. Aircraft hangars that are used in conjunction with a commercial activity of any kind are not exempt as private garages or private storage structures regardless of location. Aircraft hangars, less than 3000 5000 square feet in size, that are used only for parking of an aircraft and where no repair work or welding is performed and, where no fuel is dispensed, and where no other attached portions of the building are occupied and classified as an A, B, R, I, or M, will be classified as utility buildings (Group U).

            (35) through (39) remain the same but are renumbered (38) through (42).

            (a) Category A assisted Assisted living facilities with 9 to 19 ambulatory residents, as referenced as a category A facility in 50-5-226, MCA, will be classified as an R-4 occupancy for building permit and construction standard purposes.

            (i) Automatic fire sprinkler systems are not required.

            (ii) A fire alarm system is required in all common spaces.

            (b) Category B assisted Assisted living facilities with 9 to 19 5 or more non-ambulatory residents, as referenced as category B, C, and D facilities in 50-5-226, MCA, will be classified as an R-4 occupancy for building permit and construction standards purposes. In addition, a Category B assisted living facility shall have an automatic fire sprinkler system and provide an accessible sleeping room or space for each Category B resident.

            (i) An automatic fire sprinkler system is required.

            (ii) Each non-ambulatory resident shall have an accessible sleeping room or space.

            (c) An assisted living facility with 20 or more ambulatory or non-ambulatory residents, in any combination of Category A or Category B, will be classified as an R-2 occupancy for building permit and construction standards and shall meet accessibility standards as provided in IBC Subsection 1103 of the International Building Code.

            (i) Automatic fire sprinkler systems are required.

            (ii)  A fire wall cannot be used to isolate and reduce occupant loads in order to avoid an R-2 classification.

            (40) through (44) remain the same but are renumbered (43) through (47).

 

            AUTH:   50-60-203, MCA

            IMP:       50-60-101, 50-60-102, 50-60-104, 50-60-201, 50-60-203, 50-60-205, MCA

 

REASON: The department is amending (9) for clarity in meaning. In response to concerns received during the public vetting of the changes, the department determined it is reasonably necessary to add (15) to provide reasonable alternatives for small rural community centers and gymnasiums that do not have access to an adequate water supply to allow for a properly functioning automatic sprinkler system.

            The department is adding two new exemptions at (18) and (19) to address new requirements in Subsection 903 for large distilleries. As the new subsections of 903 would apply to Montana's many small batch distilleries, the exemptions are reasonably necessary to balance cost of construction with safety as required in 50-60-201(3), MCA.

            The department is amending (26) to address stakeholder confusion and clarify that public buildings do require toilet facilities and must comply with the requirements in the Uniform Plumbing Code.

            It is reasonably necessary to amend (37) regarding aircraft storage buildings that are solely used for storage and allowed to be classified as utility buildings. Stakeholders are utilizing larger airplanes for private use, and if no occupied space exists, can still use these types of buildings to park their airplanes without additional risk to public safety.

            The department is amending (42) to remove confusion about the differences in fire alarm system and automatic sprinkler system requirements between assisted living facilities providing care to ambulatory residents as opposed to non-ambulatory residents.

 

            24.301.154 INCORPORATION BY REFERENCE OF INTERNATIONAL RESIDENTIAL CODE (1) remains the same.

            (2) The department adopts and incorporates by reference the International Residential Code, 2018 2021 edition, referred to as the International Residential Code or IRC, together with:

            (a) and (b) remain the same.

            (c) Appendix F, Radon Resistant New Construction. Appendix F may be adopted by a certified city, county, or town building code jurisdiction. The department shall not apply or enforce Appendix F.

            (3) through (24) remain the same.

 

            AUTH:   50-60-203, MCA

            IMP:       50-60-102, 50-60-201, 50-60-203, MCA

 

REASON: With the update to the 2021 edition of the International Residential Code, local jurisdictions are able to utilize the appendix for radon if they choose. It is reasonably necessary to add this appendix at (2)(c) to address elevated levels of radon present throughout Montana.

 

            24.301.161 INCORPORATION BY REFERENCE OF INTERNATIONAL ENERGY CONSERVATION CODE (1) The Department of Labor and Industry department adopts and incorporates by reference the International Code Council's International Energy Conservation Code, 2018 2021 edition, referred to as the International Energy Conservation Code, unless another edition is specifically stated, together with the following Appendix and amendments:

            (a) remains the same.

            (b) Subsections C105.2 and R105.2, Required Inspections, are deleted in their entirety when the code is used by the Building Codes Program of the Department of Labor and Industry department. It remains undeleted and available for use for certified local governments using the code.

            (c) Sections C202 and R202, General Definitions, the definition for "Air Barrier" is deleted and replaced with a new definition for "Air Barrier" as follows: "Air Barrier: Material(s) assembled and joined together to provide a barrier to air leakage through and into the building envelope. An air barrier may be a single material or a combination of materials."

            (d) (c)  Table R402.1.2, INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT, is amending requirements for Climate Zone "6" as WOOD FRAMED WALL R-VALUE 'R-21 or R-20 + R-5ci or R-13 + R-10ci or R-15ci.' shown below in the table:

 

Climate

Zone

Fenestration

U-Factor(b)

Skylight(b)

U-Factor

Glazed

Penetration

SHGC(b,d)

Ceiling

R-Value

Wood

Framed Wall

R-Value

6

0.30

0.55

NR

49

21 or 13+10(h)

 

Mass Wall

R-Value(i)

Floor

R-Value

Basement(c)

Wall

R-Value

Slab(b)

R-Value

& Depth

Crawl

Space Wall(c)

R-Value

15/20

30(g)

15/19

10, 4 ft

15/19

 

            (e) remains the same but is renumbered (d).

            (f) (e) Subsection R402.2.2, Ceilings Without Attic Spaces Attics, is deleted and replaced with the following: "Where Section 402.1.2 Table R402.1.3 would require insulation levels above R-30 and the design of the roof/ceiling assembly does not allow sufficient space for the required insulation, the minimum required insulation for such roof/ceiling assemblies shall be R-30. This reduction of insulation from the requirements of Section 402.1.2 Table R402.1.3, shall be limited to 250 square feet or ten percent of the total insulated ceiling area, whichever is less. This reduction shall not apply to the U-factor alternative approach in Section R402.1.4, and the total UA alternative in Section R402.1.5."

            (g) (f) Subsection R402.2.11 R402.2.10, Crawl Space Walls, is deleted and replaced with the following:  "As an alternative to insulating floors over crawl spaces, crawl space walls shall be permitted to be insulated when the crawl space is not vented to the outside. Temporary crawl space vent openings are allowed during construction for crawl spaces that have insulated crawl space walls. These temporary crawl space vent openings shall be closed, sealed, and insulated to the same R-value of the surrounding crawl space wall insulation once construction is complete and prior to the time that the final building inspection would occur. Crawl space wall insulation shall be permanently fastened to the wall and shall extend downward from the floor, the entire height of the crawl space wall. Exposed earth in unvented crawl space foundations shall be covered with a continuous Class I vapor retarder. All joints of the vapor retarder shall overlap six inches and be sealed or taped. The edges of the vapor retarder shall extend at least six inches up the stem wall and shall be attached and sealed to the stem wall."

            (h) remains the same but is renumbered (g).

            (h) Subsection R402.4.1.3, Leakage Rate, is amended as follows:  "When complying with Subsection R401.2.1, the building or dwelling unit shall have an air leakage rate not exceeding 4.0 air changes per hour in Climate Zone 6, when tested in accordance with Subsection R402.4.1.2."

            (i) Subsection R403.3.5 R403.3.7, Exception: Building framing cavities may be used for return ducts if there is no atmospherically vented furnace, boiler, or water heater located in the house outside of a sealed and insulated room that is isolated from inside the thermal envelope and if the duct system has been tested as having a maximum total leakage not greater than 4 cfm/SF. The room walls, floor, and ceilings shall be insulated in accordance with the basement wall requirements of Table R402.1.2 R402.1.3. A duct air leakage test shall not be required where the ducts and air handlers are located entirely within the building thermal envelope.

            (j) Subsection R403.4.2, Hot Water Pipe Insulation (Prescriptive), is amended as follows:

Delete item number 3, delete item number 9, delete Table R403.4.2 and the text, "All remaining piping shall be insulated to at least R-3 or meet the run length requirements of Table R403.4.2."

            (j) Subsection R403.4, Mechanical System Piping Insulation, is deleted and replaced with "Mechanical system piping shall be insulated in accordance with subsections 610.11 and L 501.2 of the Uniform Plumbing Code (UPC) 2021 edition."

            (k) Subsection R403.5, Service Hot Water Systems, is deleted and replaced with "Service hot water systems shall be insulated in accordance with subsection L 503.3.3 of the Uniform Plumbing Code (UPC) 2021 edition."

            (l) Subsection R403.5.2, Hot Water Pipe Insulation, is deleted and replaced with "Hot water pipe insulation shall be insulated in accordance with subsections 610.11 and L 501.2 of the Uniform Plumbing Code (UPC) 2021 edition."

            (m) Appendix CB, Solar-Ready Zone - Commercial. Appendix CB may be adopted by a certified city, county, or town building code jurisdiction. The department shall not apply or enforce Appendix CB.

            (n) Appendix CC, Zero Energy Commercial Building Provisions. Appendix CC may be adopted by a certified city, county, or town building code jurisdiction. The department shall not apply or enforce Appendix CC.

            (k) (o) Appendix RA RB, Solar-Ready Provisions–Detached One- and Two-Family Dwellings and Townhouses. Appendix RA RB may be adopted by a certified city, county, or town building code jurisdiction. The department shall not apply or enforce Appendix RA RB.

            (2) and (3) remain the same.

 

            AUTH:   50-60-203, 50-60-803, MCA

            IMP:       50-60-201, 50-60-203, 50-60-803, MCA

 

REASON: The department is striking old (1)(c) to remove a definition that is now closely defined in the new 2021 International Energy Conservation Code (IECC) edition.  The department is eliminating the table previously in the renumbered section and instead providing the one existing amendment to provide easier reading.  The table is exactly as produced in the 2021 IECC, with the exception.

            It is necessary to amend (1)(h) to clarify that new subsection R402.4.1.3 of the 2021 IECC still uses the amended four air changes per hour.

            The department is amending (1)(i) to encourage the installation of ducts and air handlers inside the thermal envelope to improve energy conservation.  It is reasonably necessary to strike (1)(j) as the referenced subsection was removed from the 2021 IECC and is no longer relevant.  The department is adding (1)(j), (k), and (l) to reflect that the Uniform Plumbing Code (UPC) is the code having authority over pipe insulation requirements.  It is reasonable to add (1)(m) and (n) to allow local jurisdictions to adopt and enforce solar ready provisions and zero energy provisions for commercial buildings in their jurisdictions.  The department is amending (1)(o) to reflect a renamed appendix in the 2021 IECC.

 

            24.301.171 INCORPORATION BY REFERENCE OF INTERNATIONAL EXISTING BUILDING CODE (1) The department adopts and incorporates by reference the International Existing Building Code (IEBC), 2018 2021 edition, which may be used as an alternate prescriptive method(s) for the remodel, repair, alteration, change of occupancy, addition, and relocation of existing building.

            (a) through (4) remain the same.

 

            AUTH:   50-60-203, MCA

            IMP:       50-60-103, 50-60-201, 50-60-203, MCA

 

            24.301.172 INCORPORATION BY REFERENCE OF INTERNATIONAL MECHANICAL CODE (1) The department adopts and incorporates by reference the International Mechanical Code, 2018 2021 edition, published by the International Code Council, unless another edition is specifically stated, together with the following amendments:

            (a) through (k) remain the same.

            (2) The Building and Commercial Measurements Bureau department shall not enforce the IMC in buildings exempted from state building codes by 50-60-102, MCA. Cities, counties, and towns that have made the state building regulations applicable to buildings exempt from state enforcement, except for mines and buildings on mine property regulated under Title 82, chapter 4, MCA, may enforce within their jurisdictional areas the International Mechanical Code as adopted by those units of government.

            (3) through (6) remain the same.

 

            AUTH:   50-60-203, MCA

            IMP:       50-60-102, 50-60-103, 50-60-109, 50-60-201, 50-60-203, 50-60-303, MCA

 

            24.301.173 INCORPORATION BY REFERENCE OF INTERNATIONAL FUEL GAS CODE (1) The department adopts and incorporates by reference the International Fuel Gas Code, 2018 2021 edition, published by the International Code Council, IFGC, unless another edition is specifically stated, together with the following amendments:

            (a) through (f) remain the same.

            (2) The Building and Commercial Measurements Bureau department shall not enforce the IFGC on those buildings exempted from state building codes by 50-60-102, MCA. Cities, counties, and towns that have made the state building regulations applicable to buildings exempt from state enforcement, except for mines and buildings on mine property regulated under Title 82, chapter 4, MCA, may enforce within their jurisdictional areas the International Fuel Gas Code as adopted by those units of government.

            (3) through (6) remain the same.

 

            AUTH:   50-60-203, MCA

            IMP:       50-60-102, 50-60-103, 50-60-109, 50-60-201, 50-60-203, 50-60-303, MCA

 

            24.301.175 INCORPORATION BY REFERENCE OF INTERNATIONAL SWIMMING POOL AND SPA CODE (ISPSC) (1) The department adopts and incorporates by reference the International Swimming Pool and Spa Code, 2018 2021 edition, published by the International Code Council, unless another edition is specifically stated, together with the following amendments:

            (a) through (6) remain the same.

 

            AUTH:   50-60-203, MCA

            IMP:       50-53-103, 50-60-104, 50-60-202, 50-60-203, 76-2-412, MCA

 

            24.301.181 INCORPORATION BY REFERENCE OF INTERNATIONAL WILDLAND-URBAN INTERFACE CODE (IWUIC) (1) The department adopts and incorporates by reference the International Wildland-Urban Interface Code, 2018 2021 edition, published by the International Code Council, unless another edition is specifically stated, together with Appendix "B" (Vegetation Management Plan) and Appendix "C" (Fire Hazard Severity Form).

            (2) through (24) remain the same.

 

            AUTH:   50-60-202, 50-60-203, MCA

            IMP:       50-60-201, 50-60-202, 50-60-203, MCA

 

REASON: Authority citations are being amended to provide the complete sources of the department's rulemaking authority.

 

            24.301.201 EXTENT OF LOCAL PROGRAMS (1) A city, county, or town, as provided by 50-60-102, MCA, may adopt codes that have been adopted by the department to cover buildings within their respective jurisdictional areas jurisdiction. However, as provided by 50-60-102, MCA, a city, county, or town may not cover residential buildings containing less than five dwelling units or their attached-to structures, any farm or ranch building and any private garage or private storage structure used only for the owner's own use unless the local legislative body or board of county commissioners by ordinance or resolution makes the building code specifically applicable to those structures. A city, county, or town may accomplish this by making its building codes applicable to nonexempt building construction within the respective jurisdiction.

            (2) When a city, county, or town is approved to enforce building, mechanical, electrical, or plumbing, fuel gas, swimming pool and spa, medical gas, and/or wildland-urban interface codes for limited types of buildings, the Department of Labor and Industry, Building and Commercial Measurements Bureau department retains authority to enforce building, mechanical, electrical, and plumbing, fuel gas, swimming pool and spa, medical gas, and/or wildland-urban interface codes for all other buildings not covered by the city, county, or town and which are not exempt from department regulation.

            (3) The International Building Code includes the A117.1 Accessibility Code, the International Energy Conservation Code, the International Swimming Pool and Spa Code, and the International Existing Building Code.

            (4) The International Residential Code includes the International Energy Conservation Code.

 

            AUTH:   50-60-203, 50-60-302, 50-60-504, 50-60-603, MCA

            IMP:       50-60-202, 50-60-203, 50-60-301, 50-60-302, 50-60-504, 50-60-603, MCA

 

REASON: The department determined it is reasonably necessary to amend this rule to address ongoing confusion and a recent challenge by local building codes jurisdictions. The amendments will clarify which codes require formal adoption and certification and which codes are ancillary and included in a local jurisdiction's adoption.

 

            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 shall only adopt those codes, which that they are certified to enforce; that is, which include plumbing, electrical, building, or mechanical, medical gas, or the International Wildland-Urban Interface Code. 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, medical gas, or the International Wildland-Urban Interface Code; and

            (b) through (4) remain the same.

 

            AUTH:   50-60-302, MCA

            IMP:       50-60-301, 50-60-302, MCA

 

REASON: The department has found that certified jurisdictions have adopted unnecessary codes beyond the codes they are certified to enforce. It is reasonably necessary to amend the language by changing "need only" to "shall" and clarify that only enforced codes should be adopted. The department is further amending the rule by adding additional codes to set forth a complete list for reference of all codes a jurisdiction could adopt.

 

            24.301.204 FACTORY-BUILT BUILDINGS (1) Once factory-built buildings are approved by the bureau department as meeting the codes, the units shall be subject only to city, county, or town inspection and fees for zoning, utility connections and foundations. As part of the city, county or town's submittals to the bureau department, provisions must be included stating how factory-built buildings will be handled with respect to permits and inspections to include the charges for permits covering these types of units.

 

            AUTH:   50-60-302, MCA

            IMP:       50-60-302, MCA

 

            24.301.205 CERTIFICATION OF CODE ENFORCEMENT PROGRAMS

            (1) A city, county, or town shall submit the equivalent of an annual a program report, including all items listed in ARM 24.301.207(2)(a) to support a request for certification of a new code enforcement program. Certification of the proposed code enforcement program shall be effective upon the department's written determination that the city, county, or town's proposal would be in compliance compliant with applicable statutes and rules.

 

            AUTH:   50-60-203, 50-60-302, MCA

            IMP:       50-60-302, MCA

 

REASON: It is reasonably necessary to amend this rule to align with changes proposed in ARM 24.301.207 and specify the location of the required program report information.

 

            24.301.206 STAFF QUALIFICATION (1) City, county, or town plumbing and electrical inspectors must be either Montana licensed journeymen or master plumbers, or inspector certified in the craft being inspected plumbing.

            (2) City, county, or town electrical inspectors must be Montana licensed journeyman or master electricians, or inspector certified in electrical.

            (2) remains the same but is renumbered (3).

            (3) (4) Plans examiners must be either plans examiner certified, or be building inspector qualified as allowed in (2) (3).

            (4) remains the same but is renumbered (5).

            (5) (6) Plumbing, electrical, mechanical, or building inspector certification may be obtained as part of a combination inspector certification to the extent the individual inspector certifications meet the requirements of (4) (5).

            (6) (7) The types of buildings which that may be inspected or plans examined by a particular any certification classification shall be determined by the department utilizing the standards and recommendations of the entity administering the certification program. However, as a general rule, residential building inspector certification shall be acceptable for inspections of residential buildings containing less than five dwelling units.

            (7) and (8) remain the same but are renumbered (8) and (9).

 

            AUTH:   50-60-203, 50-60-302, MCA

            IMP:       50-60-302, MCA

 

REASON: Certified jurisdictions have been confused by this rule due to qualifications for more than one discipline being listed in one sentence. It is reasonably necessary to separate the required qualification for each discipline to eliminate confusion over which certification is required. Some of the codes adopted by the department do not require a separate certification as they are addressed in the building code but referenced in a separate code book. The certification for commercial and/or residential building inspector certification covers the codes listed in ARM 24.301.201(3) and (4).

 

            24.301.207 ANNUAL REPORT REPORTING REQUIREMENTS (1) A city, county, or town with a certified code enforcement program may submit shall report to the Department of Labor and Industry an annual report department changes to its code enforcement program within 30 days of the change. Changes to inspection staff or inspection staff qualifications must be reported within ten days with proof of certification. 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 All certified jurisdictions, whether or not the program has changes to report, must file a report with the department on or before September 1st of each year at least every three years for the immediately preceding fiscal year. Information provided in annual reports the report should correspond directly to each item listed in (3)(a) through (k), and each item should be answered and tabbed presented separately from all other annual report information. The bureau will make an annual report example An example report format is available to all Montana cities, counties, and towns prior to September 1, 2004 upon request.

            (3) (a) Except as provided in (4), the annual report should contain The

report must contain all of the following information if there is a change in particular item of information as it was reported for the previous year:

            (a) through (h) remain the same but are renumbered (i) through (viii).

            (i) (ix) the current plan for enforcement, which must include:

            (i) through (v) remain the same but are renumbered (A) through (E).

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

            (k) (xi) 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

            (c) beginning in September 2006, cities, counties, and towns whose names begin with the letters Q through Z.

            (3) By January 31 of each year, the department shall notify each city, county, and town expected to file its report on September 1.

            (4) The department may request a city, county, or town with a certified code enforcement program to provide a report to the department 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 reports.

 

            AUTH:   50-60-203, 50-60-302, MCA

            IMP:       50-60-302, MCA

 

REASON:  The department is amending this rule to eliminate the voluntary annual reporting by certified jurisdictions to better ensure the department is informed and aware of changes to local programs. Instead, the department will require that jurisdictions timely report any changes in the program's information. Additionally, every jurisdiction, whether having changes or not, will be required to file a report every three years that includes the information specified in (2)(a). These changes will help ensure the department has consistent access to all jurisdictions' current information.

            It is reasonable to amend (4) to eliminate references to invalid past dates, since each January, the department will notify the jurisdictions required to report that year. The department is shifting language from (1) to (4) for better readability.

 

            24.301.208 INCORPORATION BY REFERENCE OF INDEPENDENT ACCOUNTANT'S REPORTING FORMAT FOR REPORT ON APPLYING AGREED-UPON PROCEDURES DURING AUDITS OF FOR CERTIFIED CITY, COUNTY, OR TOWN BUILDING CODE ENFORCEMENT PROGRAMS LOCAL GOVERNMENTS 

            (1) The Department of Labor and Industry department adopts and incorporates by reference a document dated July 17, 2020, and entitled: "Independent Accountant's Reporting Format for Report on Applying Agreed-Upon Procedures During Audits of for Certified Local Governments City, County, or Town Building Code Enforcement Programs, 2006 Edition." 

            (2) remains the same.

            (3) A city, county, or town with a certified building code enforcement program that had a building code program reserve fund balance in the preceding fiscal year in excess of $10,000 and had building permit revenues in the previous fiscal year of more than $10,000 shall require its independent auditor, in conjunction with the audit required by 2-7-503, MCA, to perform agreed-upon procedures to determine whether the city, county, or town has complied with the financial related statutes and administrative rules relating to city, county, or town building code enforcement programs. The department may require cities, counties, and towns with certified building code enforcement programs which do not meet the above criteria to provide such an audit on a case-by-case basis so the department can ensure program functions are being properly performed as required by 50-60-302, MCA. The agreed-upon procedures engagement must be performed and reported in accordance with standards prescribed by the American Institute of Certified Public Accountants. The engagement must include but is not limited to procedures necessary to provide the information necessary to fully and accurately satisfy the reporting format adopted by reference in (1), as provided for in 50-60-106, MCA, and ARM 24.301.203. Use of this reporting format will become is mandatory beginning on July 1, 2007, and will apply to any independent agreed-upon procedures audit performed after that date.

            (4) A copy of the document identified in (1) may be obtained from the Department of Labor and Industry, Building and Commercial Measurements Bureau, P.O. Box 200517, 301 South Park, Helena, MT 59620-0517. Copies may also be obtained by facsimile request sent to Certified City Program at (406) 841-2050, by e-mail request sent to buildingcodes@mt.gov, or by downloading the document from the department's web site at www.buildingcodes.mt.gov.

            (5) and (6) remain the same.

 

            AUTH:   50-60-203, 50-60-302, MCA

            IMP:       50-60-302, MCA

 

REASON: The department is amending this rule to accurately reflect the name of the incorporated and updated document addressing agreed-upon procedures. It is reasonably necessary to strike unneeded past date references from (3) and update the information on how to obtain a copy of the document.

 

            24.301.210 DECERTIFICATION OF CODE ENFORCEMENT PROGRAMS

            (1) If the Department of Labor and Industry department determines a city, county, or town code enforcement program is not in compliance with the applicable statutes or rules it shall give the city, county, or town notice of such noncompliance and may allow a reasonable amount of time, not to exceed six months, for the city, county, or town to come into compliance or have the noncompliant code enforcement program decertified.

            (a) through (3) remain the same.

 

            AUTH:   50-60-203, 50-60-302, MCA

            IMP:       50-60-302, MCA

 

            24.301.212 CODE INTERPRETATIONS (1) through (4) remain the same.

            (5) Code interpretations, which receive a "concur" status as established in (4), shall be certified by signature of the Building Codes Bureau chief as having met the established procedures and the code interpretation will be dated, chronologically numbered, placed in the department's central registry, and distributed to the requestor, Building Codes Council, and all city, county, and town code enforcement programs, which are then certified for building code enforcement.

 

            AUTH:   50-60-203, MCA

            IMP:       50-60-103, 50-60-117, 50-60-203, MCA

 

REASON: The department is updating this rule to reflect the current process used when a code interpretation is concurred upon, which no longer requires a signature for "certification." Implementation citations are being amended to accurately reflect all statutes implemented through the rule.

 

            24.301.213 CODE TECHNICAL ADVISORIES (1) Code technical advisories are available for questions concerning any of the state building related codes (building, plumbing, mechanical, electrical, boiler and elevator) and may be requested by an affected party (building official, contractor, designer, owner, etc.), in writing, on forms provided by the department. The department may research and investigate the question and may prepare a preliminary written response, which includes the department's interpretation and justification as soon as possible. The affected party and the Building Codes Advisory Council will be provided with the preliminary written response and will be given five working days to submit comments. After review of any comments the department will prepare a final written response, under signature of the Building Codes Bureau chief.

            (2) remains the same.

            (3) After review of any comments, the department will prepare a final written response and the code technical advisories will shall be dated, chronologically numbered, placed in the department's central registry and distributed to the requestor, Building Codes Council, and all certified city, county, and town building code enforcement programs.

 

            AUTH:   50-60-203, MCA

            IMP:       50-60-103, 50-60-117, 50-60-203, MCA

 

REASON: Implementation citations are being amended to accurately reflect all statutes implemented through the rule.

 

            24.301.231 INTERGOVERNMENTAL JURISDICTIONAL RELATIONSHIPS RELATING TO BUILDING CODE ENFORCEMENT PROGRAMS (1) Only counties or incorporated cities and towns in Montana have the option of adopting their own code enforcement programs. A city, county, or town code enforcement program must be certified in accordance with ARM Title 24, chapter 301, subchapter 2 before the local government entity may begin enforcing building regulations. Where a county adopts such a program, the county must enforce the building regulations on a county-wide basis, except where an incorporated city or town already has a certified code enforcement program in place or where the city or town is later certified for operation of such programs. Cities, counties, and towns may enter into contracts for enforcement of building regulations within their respective jurisdictions, but those contracts must be submitted to the Building Codes Bureau department as part of an application for certification, or as an amendment to a previously approved plan before the contract may be performed.

            (2) Specific alternative examples of code enforcement jurisdictional relationships and responsibilities are as follows:

            (a) As of October 1, 2003, in In counties where no certified county code enforcement programs are in effect:

            (i) the Building Codes Bureau department will continue enforcing enforce Montana's building regulations in all unincorporated cities and towns;

            (ii) incorporated cities and towns which also do not have certified code enforcement programs in effect will continue to have Montana's building regulations enforced by the Building Codes Bureau department; and

            (iii) incorporated cities and towns which do have a certified code enforcement program in effect will continue to operate that program and enforce Montana's building regulations within their jurisdiction. However, where a program has provided permitting and inspection services outside the boundaries of cities and towns, those extended jurisdictional areas will be invalid as of October 1, 2003.

            (A) The Building Codes Bureau will assume jurisdiction over all new and subsequent building projects in those areas on that date.

            (B) Where incorporated cities and towns properly issued permits for building projects in areas outside their boundaries prior to October 1, 2003, the city or town will retain jurisdiction over those projects until that building project is completed.

            (b) As of October 1, 2003, where an incorporated city or town exists in a county which has a certified building code enforcement program already in effect, but where the Building Codes Bureau has been providing permitting and inspection services to those cities and towns, those permitting and inspection services will become the responsibility of the certified county programs unless the city or town opts to have the Building Codes Bureau continue providing these services.

            (c) (b)  After October 1, 2003, any A city or town, which becomes incorporated, that incorporates can choose to:

            (i) and (ii) remain the same.

            (iii) have the Building Codes Bureau department provide permitting and inspection services inside the city limits in accordance with Montana statutes and administrative rules.

 

            This rule is advisory only, but may be a correct interpretation of the law.

            AUTH:   50-60-203, MCA

            IMP:       50-60-103, 50-60-106, 50-60-117, 50-60-301, 50-60-302, MCA; Ch. 443, sec. 25, L. 2003

 

REASON: This advisory rule was adopted to address ongoing questions following 2003 legislative changes (House Bill 640) regarding localized enforcement of building regulations. The department is amending this rule as it is no longer necessary to retain past dates and outdated language describing the post-legislative transition. 

 

            24.301.301 INCORPORATION BY REFERENCE OF UNIFORM PLUMBING CODE (1) The department adopts and incorporates by reference the Uniform Plumbing Code, 2018 2021 edition, unless another edition is specifically stated, together with the following appendix chapters and amendments:

            (a) and (b) remain the same.

            (c) Appendix C, Alternate Plumbing Systems is adopted.

            (c) remains the same but is renumbered (d).

            (e) Appendix K, Potable Rainwater Catchment Systems is adopted.

            (f) Appendix L, Sustainable Practices is adopted.

            (g) Appendix M, Peak Water Demand Calculator is adopted.

            (h) Appendix N, Impact of Water Temperature on the Potential for Scalding and Legionella Growth is adopted.

            (d) and (e) remain the same but are renumbered (i) and (j).

            (i) No permit is required for any minor replacement or repair work, the performance of which does not have a significant potential for creating a condition hazardous to public health and safety.

            (ii) No permit is required where the installation is exempt under the provisions of 50-60-503 or 50-60-506, MCA.

            (iii) The requirements for permits do not apply to regularly employed maintenance personnel doing maintenance work on the business premises of their employer unless work is subject to the permit provisions of these rules.

            (iv) Factory-built buildings covered by an insignia issued by the department need not have a plumbing permit for the construction of the unit; however, a permit will still be required for on-site work, as provided for in these rules.

            (f) through (h) remain the same but are renumbered (k) through (m).

            (i) Subsection 507.13, paragraph one is amended to read as follows: "Gas utilization equipment, or any equipment that generates a glow, spark, or flame, in residential garages and in adjacent spaces that open to the garage and are not part of the living space for a dwelling unit shall be installed so that all burners, burner-ignition devices, and heating elements are located not less than 18 inches (450 mm) above the floor unless listed as flammable vapor ignition resistant."

            (j) remains the same but is renumbered (n).

            (k) Subsection 603.2, Approval of Devices or Assemblies, is amended to read as follows: "Before any device or assembly is installed for the prevention of backflow, it shall have first been approved by the authority having jurisdiction. Devices or assemblies shall be tested for conformity with recognized standards or other standards acceptable to the authority having jurisdiction, so long as those standards are consistent with the intent of this code. All devices or assemblies installed in a potable water supply system for protection against backflow shall be maintained in good working condition by the person or persons having control of such devices or assemblies. If found to be defective or inoperative, the device or assembly shall be repaired or replaced. No device or assembly shall be removed from use or relocated or other device or assembly substituted, without the approval of the authority having jurisdiction."

            (l) remains the same but is renumbered (o).

            (m) Subsection 603.5.12, Beverage Dispensers, delete the first sentence and replace with: "Potable water supply to carbonated beverage dispensers or coffee machines that may produce back pressure shall be protected by an air gap or a vented backflow preventer in accordance with ASSE 1022."

            (n) and (o) remain the same but are renumbered (p) and (q).

            (p) Subsection 609.11, Pipe Insulation, is deleted in its entirety.

            (q) through (v) remain the same but are renumbered (r) through (w).

            (w) Subsection 710.1, is amended to read as follows: "Where a fixture is installed on a floor level that is lower than the next upstream manhole cover of the public or private sewer serving such drainage piping may be protected from the backflow of sewage by installing an approved type backwater valve. Fixtures on floor levels above such elevation shall not discharge through the backwater valve."

            (x) through (ag) remain the same.

            (ah) Chapter 13, Health Care Facilities and Medical Gas and Vacuum Systems, is deleted except for Subsections 1301.0, 1302.0, and 1303.0, Health Care Facilities. In lieu of Chapter 13, except for the subsections not deleted, the Department of Labor and Industry department adopts and incorporates by reference the National Fire Protection Association's Standard NFPA 99, 2018 edition, Chapters 1 through 5 and Chapter 15 for the exclusive use as a standard for medical gas and vacuum systems, unless a different edition date is specifically stated, as the standard for the installation of medical gas and vacuum systems. The requirements of this rule shall not be construed as to replace or supersede any additional requirements for testing and certification of medical gas and vacuum systems, including independent third-party certification of systems, as may be applicable. NFPA 99 is a nationally recognized standard setting forth minimum standards and requirements for medical gas and vacuum systems. A copy of NFPA 99 may be obtained from the National Fire Protection Association at www.nfpa.org.

            (2) remains the same.

 

            AUTH:   50-60-203, 50-60-504, 50-60-508, MCA

            IMP:       50-60-201, 50-60-203, 50-60-504, 50-60-508, MCA

 

REASON:  The department is amending (1)(c) through (h) to add additional appendices of the 2021 edition for alternative methods of compliance.

            It is reasonably necessary to strike (1)(j)(i) through (iv) as they unnecessarily restate statutory provisions of Title 50, chapter 60, part 5, MCA.

            As required by 50-60-201(3), MCA, it is necessary to repeal obsolete rules that are now covered in the proposed adopted code version. The department is repealing old (1)(i), (k), (m), (p), and (w) as unnecessary since the provisions now mirror text in the UPC 2021.

 

            24.301.351 MINIMUM REQUIRED PLUMBING FIXTURES (1) The following table will be used to determine the minimum number of plumbing fixtures to be installed in new buildings:

 

                                     MINIMUM NUMBER OF PLUMBING FACILITIESa, n, q

                                              Fixtures (Number of fixtures per number of occupants)

 

Occupancy or Use

 

Water Closets (Urinals - see footnotes g & m)

Lavatories

Bathtubs/ Showers

Drinking Fountainsr

Male

Female

ASSEMBLY

Theaters

1 per 125

1 per 65

 

 

 

1 per 2 water closets

 

1 per 1,000

Nightclubsg,h,p

1 per 40

1 per 40

 

 

Restaurantsg,h,p

1 per 75

1 per 75

 

 

Halls, museums, coliseums, arenaso, stadiums, pools, etc.

1 per 125

1 per 75

 

1 per 1,000

Churchesb

1 per 150

1 per 75

 

1 per 1,000

 

 

Businessi,j,l,p

1 per 25

1 per 25

 

 

 

 

Educational Elementary

1 per 100

1 per 35

1 per 2 water closets

 

1 per floor

 

Educational Secondary

1 per 100

1 per 45

1 per 2 water closets

 

1 per floor

 

 

Factory and industrial

1 per 100

1 per 100

1 per 100

 

1 per 400

 

 

High hazard

1 per 100

1 per 100

1 per 100

 

1 per 1,000

INSTITUTIONAL

Residential care

1 per 10

1 per 10

1 per 10

1 per 8

 

 

Hospitals, ambulatory nursing home patientsc

1 per room

1 per roome

1 per 15

1 per 100

Day nurseriesk, sanitariums, nonambulatory nursing home patients, etc.c

1 per 15

1 per 15

1 per 15

1 per 15f

1 per 100

Employees, other than residential carec

1 per 25

1 per 25

1 per 35

 

1 per 100

Visitors, other than residential care

1 per 75

1 per 75

1 per 100

 

1 per 500

Prisonsc

1 per cell

1 per cell

1 per 15

1 per 100

Asylums, reformatories, etc.c

1 per 15

1 per 15

1 per 15

1 per 15

1 per 100

 

Mercantilei

1 per 500

1 per 500

1 per 750

 

 

RESIDENTIAL

Hotels, motels

1 per guestroom

1 per guestroom

1 per guestroom

 

Lodges

1 per 10

1 per 10

1 per 10

1 per 8

 

Multiple family

1 per dwelling unit

1 per dwelling unit

1 per dwelling unit

 

Dormitories

1 per 10

1 per 10

1 per 10

1 per 8

1 per 100

One- and two-family dwellingd

1 per dwelling unit

1 per dwelling unit

1 per dwelling unit

 

 

[replace with the following table]

 

            a. The fixtures shown are based on one fixture being the minimum required for the number of persons indicated or any fraction of the number of persons indicated. The number of occupants shall be determined by the building code.

            b. Fixtures located in adjacent buildings under the ownership or control of the church shall be made available during periods the church is occupied.

            c. Toilet facilities for employees shall be separate from facilities of inmates or patients.

            d. For attached one- and two-family dwellings, one automatic clothes washer connection shall be required per 20 dwelling units.

            e d. A single-occupant toilet room with one water closet and one lavatory serving not more than two adjacent patient rooms shall be permitted where such room is provided with direct access from each patient room and with provisions for privacy.

            f e. For day nurseries, a maximum of one bathtub shall be required.

            g f. Food service establishments or any establishment that sells alcoholic beverages for on-site consumption requires at least one urinal.

            g. Single-user unisex facilities shall include a urinal in food service establishments or any establishment that sells alcoholic beverages for on-site consumption.

            h. Contact the Department of Public Health and Human Services for additional requirements for food service establishments.

            i. At the discretion of the building official, certain nonassembly buildings where food and beverages are not consumed on the premises, may be allowed to furnish only one unisex public toilet provided it is designed for male and female use and it is suitable for use by handicapped persons if it is accessible in accordance with ICC A117.1.

            j. At the discretion of the building official, for small (less than 1200 sq. ft. in floor area) convenience stores (typically gasoline sales plus convenience items and beverages) located to serve primarily neighborhood areas instead of major highways, only one public toilet is needed, provided it is designated for both male and female use and it is suitable for use by handicapped persons business and mercantile classifications intended for quick transactions, including takeout, pickup, and drop off businesses having a floor area less than 1200 sq. ft., may utilize facilities located in another building within 500 feet provided the building is open and available during business hours and is accessible in accordance with ICC A117.1.

            k. If the total number of students plus staff exceeds 20, must provide separate male and female toilets. For business and mercantile classifications with an occupant load of 15 or fewer, a service sink shall not be required.

            l. Keyed toilets under employee control of the type available at service stations are permitted.

            m. Where urinals are provided, notwithstanding the required urinal in footnote g. above, one water closet less than the number specified may be provided for each urinal installed, except the number of water closets in such cases shall not be reduced to less than one-half of the minimum specified.

            n. When calculating number of male and female occupants, the occupant load of the building shall be considered half male and half female, and the occupant load shall be calculated in accordance with the building code. Where single-user unisex facilities are present, the aggregate fixture count shall be equal to the required number of separate facilities.  Where single-user unisex toilet rooms or bathing rooms are clustered at a single location, at least 50 percent but not less than one room for each user at each cluster shall be accessible.

            o. Riding arenas as defined in ARM 24.301.146(11) are required to provide separate male and female accessible restrooms which contain a minimum of one water closet and one lavatory.

            p. See ARM 24.301.903 for additional requirements and provisions concerning building accessibility.

            q. If a specific occupancy is not shown in the table, the building official shall determine on an individual case-by-case basis the requirements for that occupancy.

            r. On an individual case-by-case basis the building official may approve an alternative source of potable drinking water, such as, but not limited to, a bottled water cooler, in lieu of a drinking fountain.

 

            AUTH:   50-60-203, 50-60-504, MCA

            IMP:       50-60-203, 50-60-504, MCA

 

REASON: The department is amending this rule to replace the outdated plumbing fixture table with a current table located in the International Building Code 2021. This is necessary for uniformity and ease of design for compliant buildings.

            It is reasonably necessary to repeal table footnote d as meaningless and unenforceable. Because the IBC defines "dwelling" to be buildings with one or two units, there will never be a case where a single or two-family dwelling would have 20 units.

            The department is adding footnote g and amending i to address increased utilization of gender-neutral single-user toilet facilities in small businesses throughout Montana.

            It is reasonably necessary to modify footnote j to clarify the options available for numerous types of small kiosks and dispensaries to use toilet facilities in a nearby building.

            The department is striking footnote k to address the shift to gender-neutral single-user toilet facilities. The new provision is necessary to specify that no service sinks are necessary in small drive-through or kiosk type businesses where space is minimal or unavailable.

            Footnote n is repealed and replaced to clarify that gender-neutral toilet facilities still must provide minimum facilities and accommodate accessibility needs.

 

            24.301.371 PLUMBING INSPECTIONS (1) When the permit holder is ready for inspection, he shall notify the department either orally or in writing. The notification shall be given not less than 24 hours before the work is to be inspected. To assist the department with its scheduling of inspections, it is asked that inspection requests be made as much in advance of the 24-hour minimum notice time as possible. Cover (rough-in) inspections are made by a state plumbing inspector wherever possible. Insulation and wallboard shall not be applied prior to inspection unless 48 hours, excluding Saturdays, Sundays, and holidays, have expired after the plumbing installation is complete and notice to inspect has been received.

            (2) through (4) remain the same.

            (5) Plumbing inspectors shall not inspect any plumbing work in which they have any financial or personal interest, or which they have installed or repaired.

 

            AUTH:   50-60-203, 50-60-504, MCA

            IMP:       50-60-510, 50-60-511, MCA

 

REASON: The department determined it is reasonably necessary to modify this rule to align plumbing inspection regulations with the current electrical inspection requirements in ARM 24.301.441. Because the department primarily utilizes combination inspectors who conduct both electrical and plumbing inspections, this consistency will help costs savings with standardized timelines and processes. The addition of (5) further clarifies that if an inspector also contracts on off hours, they are prohibited from inspecting any work that could be a potential conflict of interest. This prohibition is already contained in the current rules applicable to electrical inspections.

 

            24.301.401 INCORPORATION BY REFERENCE OF NATIONAL ELECTRICAL CODE (1) The department adopts and incorporates by reference the National Fire Protection Association Standard NFPA 70, National Electrical Code, 2017 2020 edition referred to as the National Electrical Code, unless another edition date is specifically stated. The National Electrical Code is a nationally recognized model code setting forth minimum standards and requirements for electrical installations.

            (2) Subsection 210.12, Arc-Fault Circuit-Interrupter Protection, is amended to delete all references to "kitchen" or "kitchens."

            (3) remains the same but is renumbered (2).

 

            AUTH:   50-60-203, 50-60-603, MCA

            IMP:       50-60-201, 50-60-203, 50-60-601, 50-60-603, MCA

 

REASON: With adoption of the most current edition of the NEC, it is reasonably necessary to strike (2) as no longer necessary.

 

            24.301.411 WIRING STANDARDS (1) through (1)(c) remain the same.

            (d) NEC Article 760.1 (SUPPLEMENTARY). Smoke alarms and carbon monoxide alarms shall be installed in any building or structure as required under the currently adopted International Building Code or International Residential Code, whichever applies, regardless of whether or not the building or structure is exempt by 50-60-102, MCA.

 

            AUTH:   50-60-203, 50-60-603, MCA

            IMP:       50-60-203, 50-60-603, MCA

 

REASON: The department is amending (1)(d) because the Building Codes Council voted to add carbon monoxide alarms to the required alarms as they provide added life safety protection at a very low increase in cost.

 

            24.301.431 ELECTRICAL PERMIT (1) through (5) remain the same.

            (6) An individual that energizes an electrical installation without first obtaining an electrical permit for that installation is guilty of a misdemeanor per 50-60-607, MCA. The bureau department may require a utility per 50-60-605, MCA, to not energize or to remove provisional power from the permittee's electrical system if the permittee connects new wiring to a new or existing power source, thereby causing the utility to energize the electrical installation without first receiving the required permit for the connection.

            (7) through (12) remain the same.

 

            AUTH:   50-60-203, 50-60-603, MCA

            IMP:       50-60-201, 50-60-203, 50-60-603, 50-60-604, 50-60-605, MCA

 

            24.301.451 FINAL INSPECTION (1) remains the same.

            (2) Upon completing final inspections, state inspectors will date and sign the inspection reports. Inspectors will apply a green "approved" tag when installations have been inspected and approved by the department. Inspectors will apply an orange "conditionally approved" tag to those installations that violate the cover inspection provision as provided in ARM 24.301.441. Upon approval, the department will remove the provisional power designation.

            (3) remains the same.

 

            AUTH:   50-60-203, 50-60-603, MCA

            IMP:       50-60-103, 50-60-201, 50-60-203, 50-60-603, 50-60-604, MCA

 

REASON: The department is amending this rule to remove the use of orange "conditionally approved" stickers. Historically, orange stickers were given when rough-in inspections were not requested and therefore not performed by state inspectors. Because there is no way to conduct a rough-in inspection once the insulation and wallboard are in place, there is no way to change an orange "conditional" approval to a final "green" status. It is reasonably necessary to cease the use of the orange sticker process as unnecessary and inefficient. This change will help to reduce roadblocks to cost-effective, timely building in Montana.

 

            24.301.602 INCORPORATION BY REFERENCE OF ELEVATOR CODE

            (1) Subject to the provisions of Title 50, chapter 60, part 7, MCA, the department adopts and incorporates by reference the following conveyance codes promulgated by the American Society of Mechanical Engineers (ASME):

            (a) Safety Code for Elevators and Escalators, ASME A17.1 2004, A17.1a-2005 Addenda, and ASMEA17.1S-2005 Supplement 2019 edition, excluding the following subsections: 2.13.5; 2.13.5.1; 2.13.5.2; 2.13.5.3; 2.13.5.3.1; 2.13.5.4; 2.13.5.4.1; 2.13.5.4.2; 2.13.5.5; 2.13.5.6; 2.27.1.1.3; 2.27.1.1.4; and 2.27.1.1.6;

            (b) Safety Code for Existing Elevators and Escalators, ASME A17.3 2002 2018 edition; and

            (c) Safety Standard for Platform Lifts and Stairway Chairlifts, ASME A18.1- 2003; and 2017 edition.

            (d) ASME A17.1 2004, Appendix N, Table N1, Recommended Inspection and Test Intervals in Months, for required testing intervals. This table is to be used for testing interval requirements only. Inspection intervals are to be performed as specified in 50-60-711, MCA.

            (i) Existing elevators with a capacity of 1400 pounds or less are to be tested according to the requirements of limited-use/limited-application elevators as specified in (1)(d).

            (2) Inspection, code compliance, and enforcement of hoistway shaft enclosure standards are the responsibility of the appropriate authority having jurisdiction for inspection and enforcement of the building code. A "hoistway shaft" is distinguished from a "hoistway" for the purposes of building code jurisdiction over the former, and elevator code jurisdiction over the latter. The building code, as adopted in ARM 24.301.131, shall have jurisdiction over the structural integrity of the hoistway enclosure, and the elevator code, as defined in (3), shall have jurisdiction over the hoistway shaft.

            (3) The codes, standard, and appendix and standard referenced in (1), together with Title 50, chapter 60, part 7, MCA, and this subchapter, are collectively referred to as the "elevator code." A copy of the ASME codes and standards may be obtained from the American Society of Mechanical Engineers, P.O. Box 2300, Fairfield, NJ 07007-2300, or www.asme.org.

 

            AUTH: 50-60-705, 50-60-715, MCA

            IMP:     50-60-704, 50-60-705, 50-60-715, MCA

 

REASON: The currently adopted versions of the ASME elevator codes are outdated and do not address modern elevator equipment currently being manufactured and installed. The department is amending (1)(a) to exclude certain ASME sections that address technology not available in all geographical areas of Montana, and therefore is excluded from the adopted version of the building and elevator codes. It is necessary to amend (2) to address questions by clarifying the portions of an elevator installation that are the jurisdiction of the adopted building code versus the jurisdiction of the adopted elevator code.

 

            24.301.603 DEFINITIONS (1) and (2) remain the same.

            (3)  "Hoistway enclosure" means the fixed structure of vertical walls or partitions, that isolates the hoistway from other areas or from an adjacent hoistway and in which entrances are installed.

            (4)  "Hoistway shaft" means an opening through a building or structure for the travel of an elevator, dumbwaiter, or material lift, extending from the pit floor to the roof, or the floor above.

            (3) and (4) remain the same but are renumbered (5) and (6).

 

            AUTH: 50-60-203, 50-60-705, 50-60-715, MCA

            IMP:     37-73-201, 37-73-203, 37-73-208, 37-73-212, 50-60-704, 50-60-705, 50-60-715, MCA

 

REASON:  It is reasonably necessary to amend this rule to clarify jurisdictional boundaries of the building code versus the elevator code by defining terms found in both codes. The department discovered that some certified cities either enforce or waive elevator requirements but lack the authority to do so. These definitions will address any misconceptions in jurisdiction by helping to clarify that the State of Montana has the authority over elevators and hoistways even in cities with certified building programs.

 

            24.301.606 PLAN REVIEW AND PERMIT FEE (1) through (4)(a) remain the same.

            (b) If upon the requested arrival of department personnel, the conveyance is not ready for inspection, the permit holder will still shall be responsible for the inspection fee despite the inability to complete the inspection, and will also be charged responsible for all subsequent inspections or reinspections.

            (5) and (6) remain the same.

 

            AUTH: 50-60-705, 50-60-709, MCA

            IMP:     50-60-105, 50-60-709, 50-60-711, MCA

 

REASON: It is necessary to remove the reference to reinspections to align with the removal of reinspection fees from ARM 24.301.607 in this proposal.

 

            24.301.607 INSPECTIONS–CERTIFICATES–FEES (1) through (4) remain the same.

            (5) The department may require correction of deficiencies and reinspection, prior to the next annual inspection, as it determines in the interest of public safety.

            (6) and (7) remain the same.

            (8) The fee for each separate department of inspection (annual, biennial, or accident, or reinspection) is:

            (a) through (d) remain the same.

            (e) initial inspection for elevator, escalator,

or moving walk                                                                       $300 140 per conveyance

                                                                                                                 plus $50 per stop

            (f) reinspection of initial inspection                                $300 per conveyance

                                                                                                                 plus $50 per stop

            (9) remains the same.

 

            AUTH: 50-60-705, 50-60-711, MCA

            IMP:     50-60-103, 50-60-705, 50-60-706, 50-60-711, 50-60-715, MCA

 

REASON:  The department determined it is reasonably necessary to amend this rule to decrease fees.  The Building Codes Program does not charge for reinspection for any other inspection type and is proposing to eliminate this fee for consistent management of all programs' inspections.  The fee for initial inspection of an elevator, escalator, or moving walk is being decreased to be the same as an annual, biannual, or accident inspection as the cost to conduct an inspection is consistent regardless of inspection type.  Fees must be commensurate with the cost of services, and it is necessary at this time to reduce the accumulation of fees to meet that obligation.

            Further, it is reasonably necessary to reduce fees to comply with 17-2-302 and 17-2-303, MCA, by not allowing the Building Codes Program (program) cash balance to exceed twice the annual appropriation amount. Reducing the fees will gradually decrease the cash balance to meet the statutory requirements while ensuring adequate revenue to support program activities through the next biennium. The department estimates the fee reductions will affect approximately 1,100 firm bidders and design professionals and inspection applicants for elevators, escalators, and moving walks, and result in a $1,582,646.50 reduction in annual revenue.

 

            5. The department proposes to repeal the following rule:

 

            24.301.209 SPECIAL REPORTS 

 

            AUTH:   50-60-302, MCA

            IMP:       50-60-106, 50-60-302, MCA

 

REASON: It is reasonably necessary to repeal this rule as all reporting requirements are being relocated to ARM 24.301.207 in this notice to keep all reporting provisions in one location for ease of use by certified jurisdictions.

 

            6. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Building Codes Program, 301 South Park Avenue, P.O. Box 200517, Helena, Montana 59620-0517, by facsimile to (406) 841-2050, or e-mail to buildingcodes@mt.gov, and must be received no later than 5:00 p.m., May 13, 2022.

 

            7. An electronic copy of this notice of public hearing is available at https://buildingcodes.mt.gov (department and program's website). Although the department strives to keep its websites accessible at all times, concerned persons should be aware that websites may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing a website do not excuse late submission of comments.

 

            8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this program. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding all Building Codes Program administrative rulemaking proceedings or other administrative proceedings. The request must indicate whether e-mail or standard mail is preferred. Such written request may be sent or delivered to the Building Codes Program, 301 South Park Avenue, P.O. Box 200517, Helena, Montana 59620-0517; faxed to the office at (406) 841-2050; e-mailed to buildingcodes@mt.gov; or made by completing a request form at any rules hearing held by the agency.

 

            9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

            10. Regarding the requirements of 2-4-111, MCA, the department has determined that the amendment and repeal of the above-stated rules will not significantly and directly impact small businesses.

            Documentation of the department's above-stated determination is available upon request to the Building Codes Program, 301 South Park Avenue, P.O. Box 200517, Helena, Montana 59620-0517; telephone (406) 841-2016; facsimile (406) 841-2050; or to buildingcodes@mt.gov.

 

            11. Department staff has been designated to preside over and conduct this hearing.

 

 

 

 

 

/s/ DARCEE L. MOE

Darcee L. Moe

Rule Reviewer

/s/ LAURIE ESAU

Laurie Esau, Commissioner

DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State April 5, 2022.

 
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