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Montana Administrative Register Notice 23-12-212 No. 17   09/10/2009    
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BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

 

In the matter of the repeal of 23.12.602, 23.12.604, and 23.12.606, concerning the Uniform Fire Code; the amendment of ARM 23.12.401 through 23.12.405, 23.12.407, 23.12.408, and 23.12.430, concerning fire safety; 23.12.501, 23.12.502, and 23.12.504, concerning fireworks; and 23.12.601, 23.12.603, and 23.12.605, concerning the Uniform Fire Code

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NOTICE OF PUBLIC HEARING ON PROPOSED REPEAL AND AMENDMENT

 

            TO:  All Concerned Persons

 

            1.  On September 30, 2009, at 1:00 p.m., the Montana Department of Justice will hold a public hearing in the auditorium of the Scott Hart Building, 303 North Roberts, Helena, Montana, to consider the proposed repeal and amendment of the above-stated rules.

 

2.  The Department of Justice 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 department no later than 5:00 p.m. on September 16, 2009, to advise us of the nature of the accommodation that you need.  Please contact Kathy Stelling, Department of Justice, 215 North Sanders, P.O. Box 201401, Helena, MT 59620-1401; telephone (406) 444-2026; Montana Relay Service 711; fax (406) 444-3549; or e-mail kstelling@mt.gov.

 

            3.  The department proposes to repeal the following rules:

 

            23.12.602  ADMINISTRATION, found at page 23-438 of the Administrative Rules of Montana.

 

AUTH:            50-3-102, MCA

IMP:                50-3-103, MCA

 

23.12.604  GENERAL, found at page 23-439 of the Administrative Rules of Montana.

 

AUTH:            50-3-102, MCA

IMP:                50-3-103, MCA

 

23.12.606  HAZARDOUS MATERIALS, found at page 23-444 of the Administrative Rules of Montana.

 

AUTH:            50-3-102, MCA

IMP:                50-3-102, MCA

 

RATIONALE AND JUSTIFICATION:  New national fire codes are published every three years.  Additionally, the department is now adopting the International Fire Code instead of the Uniform Fire Code.  These rules therefore need to be repealed because they are no longer necessary.

 

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

 

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

            (3)  "Certificate of approval" means a letter of approval issued by the Fire Prevention and Investigation Program Section (FPIS), or its representative.

            (4) through (7) remain the same. 

            (8)  "Fire alarm system" means a system or portion of a combination of approved compatible devices with the necessary electrical interconnection and energy to produce an alarm signaling the event of fire or system activation but system of components and circuits arranged to monitor and annunciate the status of a fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals.  This definition does not include single station smoke or heat detectors.

            (9)  "Fire code" means the edition of the National Fire Protection Association 1 Uniform Fire Code, (NFPA 1/UFC) International Code Council, International Fire Code (IFC), 2009 edition, currently adopted by the fire prevention and investigation program (FPIP) FPIS, and any additions thereto currently adopted by the FPIP FPIS.

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

            (11)  "Fire extinguisher" means a portable device, carried or on wheels and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing a fire.

            (12) remains the same.

            (13)  "Fire Prevention and Investigation Program or FPIP Section (FPIS)" is the Fire Prevention and Investigation Program Section in the state fire marshal's office of the Department of Justice.

            (14) through (17) remain the same. 

            (18)  "License" means the document issued by the Department of Commerce Labor and Industry which authorizes a person or entity to engage in the business of servicing fire extinguishers, fire alarms, fire sprinkler systems, and special agent suppression systems.

            (19) remains the same.

            (20)  "Mechanical code" means the latest edition of the International Mechanical Code (IMC) adopted by the Department of Labor and Industry.  Whenever a provision of the mechanical code is incorporated within the NFPA 1 Uniform Fire Code, (NFPA 1/UFC) International Fire Code by reference, such provision is hereby adopted for application to all buildings within the jurisdiction of the FPIP FPIS, unless the state fire marshal determines otherwise.  Copies of the mechanical code may be obtained from the Building Codes Bureau of the Department of Labor and Industry, 301 South Park, Room 430, P.O. Box 200517, Helena, MT 59620-0517.

            (21) remains the same.

            (22)  "Ordinance" means state law, city or county ordinance, or rule adopted by the Fire Prevention and Investigation Program FPIS.

            (23) through (24) remain the same. 

            (25)  "Single family private house" means a dwelling unit as the term dwelling unit is defined by NFPA 1/UFC section 3.3.66 IFC section 202, no part of which is rented to another person.

            (26) remains the same.

 

AUTH:            50-3-102, MCA

IMP:                50-3-102, MCA

 

            23.12.402  ENFORCEMENT OF FIRE PREVENTION AND INVESTIGATION PROGRAM SECTION RULES  (1)  The Fire Prevention and Investigation Program (FPIP) FPIS shall administer and enforce in every area of the state of Montana all the provisions of the fire code and rules adopted pursuant thereto.  The chief fire officials of each municipality, fire service area, or organized fire district shall have responsibility for enforcement of applicable fire codes within the limits of their jurisdiction, and shall assist the FPIP FPIS in the enforcement of laws and rules pertaining to fire safety in public buildings.

            (2)  Each local authority responsible for fire prevention inspections shall maintain reports of inspections performed.  Fire prevention inspection reports shall be accessible to and provided to the FPIP FPIS when deemed necessary by the state fire marshal.

            (3)  Each official responsible for investigating fires shall file with the state fire marshal a fire incident report on each and every fire occurring within the official's jurisdiction.  Fire incident reports must be submitted on forms obtained downloaded from the FPIP National Fire Incident Reporting System (NFIRS) at www.nfirs.fema.gov.  The state fire marshal may return notify a fire department of incomplete or invalid reports for resubmission with complete information. 

 

AUTH:            50-3-102(2), MCA

IMP:                50-3-102, 50-61-102, 50‑63-203(1), MCA

 

            23.12.403  NOTICE OF VIOLATION  (1)  Upon determination by an officer of the Fire Prevention and Investigation Program (FPIP) FPIS that any person or entity is in violation of any provision of the fire code or any rule adopted pursuant thereto, the FPIP FPIS shall serve upon the person or a designated representative of the entity a notice of violation, as provided in 50-61-115, MCA.  Additionally, if the violation constitutes a fire hazard, the FPIP FPIS may proceed in accordance with 50-62-102 and 50-62-103, MCA. 

 

AUTH:            50-3-102(2), MCA

IMP:                50-3-102(4), 50-3-103, MCA

 

            23.12.404  INTERPRETATION  (1)  Interpretations of rules adopted by the Fire Prevention and Investigation Program FPIS shall be made by the state fire marshal. 

 

AUTH:            50-3-102, MCA

IMP:                50-3-102, 50-61-102, MCA

 

            23.12.405  APPOINTMENT OF SPECIAL FIRE INSPECTORS  (1) through (3) remain the same. 

            (a)  Any person appointed special deputy state fire marshal, except for a qualified inspector employed by another state agency, must have a degree in fire protection engineering or related field from a recognized institution of higher education, two years' experience in fire protection, or be UFC IFC certified, and must complete a training course administered or approved by the Fire Prevention and Investigation Program (FPIP).

            (b)  An employee of another agency of the state of Montana may be appointed special fire inspector for the purpose of conducting inspections or investigations authorized by the FPIP FPIS, if such employee is qualified by the employing agency as an inspector or investigator and is approved to conduct inspections or investigations by the Department of Justice.

            (4)  A special fire inspector may perform any duty with which the FPIP FPIS is charged by state law or rule, subject to the direction of the state fire marshal. 

 

AUTH:            50-3-106, MCA

IMP:                50-3-106, MCA

 

            23.12.407  CERTIFICATE OF APPROVAL FOR DAY CARE CENTERS FOR 13 OR MORE CHILDREN  (1) remains the same. 

            (2)  To obtain a certificate of approval, the applicant shall submit a written application to contact the state fire marshal setting forth the following information:

            (a) through (4) remain the same. 

            (5)  Day care centers shall comply with the following provisions of the building code which are hereby incorporated by reference:  1997 UBC 305.2.3, 305.3, 305.8, 305.9, chapter 8, chapter 10, 904.2.4.2, and 904.2.4.3.  Copies of the building code may be obtained from the Building Codes Division, Department of Commerce, 1218 East Sixth Avenue, P.O. Box 200517, Helena, MT 59620-0517.   

            (6) through (6)(h) remain the same remain the same, but are renumbered (5) through (5)(h).

            (i)  Portable fire extinguishers shall be installed and maintained in accordance with NFPA 1/UFC IFC Section 906.

            (j) and (k) remain the same. 

            (l)  Space under stairwells shall not be used for storage of any kind except as permitted by NFPA 1/UFC the IFC.

            (7) through (9) remain the same, but are renumbered (6) through (8). 

 

AUTH:            50‑3‑102, 52-2-734, MCA

IMP:                50-3-102, 52-2-733, 52-2-734, MCA

 

            23.12.408  CERTIFICATE OF APPROVAL FOR COMMUNITY HOMES 

            (1) through (4) remain the same. 

            (5)  For purposes of determining compliance with the fire code, all community homes shall comply with the 1997 Uniform Fire Code 2009 IFC as adopted, and with all other rules promulgated by the Fire Prevention and Investigation Program FPIS.

            (6) and (7) remain the same. 

 

AUTH:            50-3-102, MCA

IMP:                53-20-307, 52-4-204, MCA

 

            23.12.430  SERVICE TAGS  (1) remains the same.

            (2)  A service tag shall be of a size and of a durable material approved by the department but not less than 4 1/2 inches by 2 1/2 inches.  It must not be red. 

            (3) through (5) remain the same. 

            (6)  Stored pressure extinguisher tags must follow the guidelines listed in the Uniform Fire Code Standard 10-1 National Fire Protection Association (NFPA) 10, and include the information listed in (3).

            (7) remains the same. 

 

AUTH:            50-3-102, MCA

IMP:                50-3-102, MCA

 

            23.12.501  RETAIL FIREWORKS SALE  (1) remains the same.

            (2)  The retail sale of permissible fireworks may occur only from approved retail business establishments or approved fireworks stands as defined in ARM 23.12.401.  Fireworks shall not be sold from or stored in any tent, canopy, or temporary membrane structure. (1997 UFC 3215.2), Fireworks may be sold from a mobile trailer which is designed for the transportation of goods, or sold from a fireworks stand, or mobile trailer which permits entry of the public. but the public is not permitted inside any mobile structure for the purchase of fireworks.

            (3) through (5) remain the same.

            (6)  Except as provided in (12), retail sale of fireworks shall be conducted from fireworks stands located at least 300 feet from a church or hospital, 50 feet from any flammable liquid dispensing device or installation, 50 feet from other inhabited areas, and 30 feet from any public roadway.  There shall be 5 feet between stands, and 20 feet apart when stands are over 800 square feet aggregate.

            (7) remains the same.

            (8)  Fireworks stands shall be equipped inside with at least one pressurized water extinguisher with a current tag and a minimum rating of 2A or one garden hose connected to and turned on to an available water supply.

            (9) through (12)(b)(i) remain the same. 

            (ii)  It is protected by a fire suppression sprinkler system approved by the fire prevention and investigation program FPIS or by a fire marshal of the local jurisdiction; or

            (iii) remains the same. 

            (13)  All fireworks stands shall be subject to inspection by the chief, or the chief's representative, in accordance with 1997 UFC 103.2.1.1 2009 IFC.  Violations shall be handled in accordance with 50-61-115, MCA.  If immediate action is necessary to safeguard life and property, the chief may issue an order to remedy in accordance with 50-62-102, MCA. 

 

AUTH:            50-3-102(3), MCA

IMP:                50-3-102(3), MCA

 

            23.12.502  FIREWORKS REPACKAGING, STORAGE, AND SHIPPING 

            (1)  All buildings where fireworks are stored, opened for repacking, repackaged, or prepared for shipping shall conform to the provisions of the 1997 building code and the 1997 fire code 2009 International Building Code and the 2009 IFC.  Where those codes are silent, NFPA pamphlet 1124 (1998) (2006 edition) shall be applied.

            (2)  NFPA pamphlet 1124 (1998) (2006 edition), which is the code governing the manufacture, transportation, and storage of fireworks, and which can be found in the National Fire Code (NFC), is hereby incorporated by reference.  Copies may be obtained from the Fire Prevention and Investigation Program, 1310 East Lockey, Helena, Montana 59620 National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169.

 

AUTH:            50-3-102(3), MCA

IMP:                50-3-102(3), MCA

 

            23.12.504  GENERAL LIABILITY INSURANCE REQUIRED FOR PUBLIC DISPLAY OF FIREWORKS  (1)  Any organization or group of individuals planning a public display of fireworks must provide proof to either the fire prevention and investigation program FPIS or the governing body of a city, town, or county, that the group has a general liability insurance policy in the amount of not less than $1,000,000 per occurrence.

            (2) through (5) remain the same. 

 

AUTH:            50-3-102, 50-3-103, MCA

IMP:                50-37-108, MCA

 

            23.12.601  ADOPTION OF NFPA 1 UNIFORM FIRE CODE THE INTERNATIONAL FIRE CODE (2009 EDITION)  (1)  The Fire Prevention and Investigation Program (FPIP) FPIS adopts and incorporates by reference the NFPA 1 Uniform Fire Code, 2003 edition (2003 NFPA 1/UFC) International Fire Code 2009 Edition (2009 IFC) with the additions, and amendments, and deletions enumerated in this subchapter.  Copies of the 2003 NFPA 1/UFC 2009 IFC and related materials may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169 International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795.  This document is available for free online access at www.nfpa.org.  Copies of the 2003 NFPA 1/UFC and Montana's amendments thereto may be obtained from the State Fire Marshal's Office, 303 North Roberts, P.O. Box 201415 2225 Eleventh Avenue, P.O. Box 201417, Helena, MT 59620, (406) 444-2050.

            (2)  If there is any conflict between the NFPA 1/UFC 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 NFPA 1/UFC IFC that are not adopted by the FPIP FPIS or standards which are more restrictive than the NFPA 1/UFC 2009 IFC. 

            (4)  The design and construction requirements in NFPA 1/UFC IFC that apply to public buildings or places of employment are not included in this adoption.  The building code adopted by the Building Codes Bureau of the Department of Labor and Industry controls design and construction in Montana.  If there is any conflict between the construction standards in the NFPA 1/UFC IFC and construction standards set forth in the building code, the provisions of the building code control.  NFPA 1/UFC IFC construction standards only apply if no comparable building code construction standard exists.

            (a)  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 post 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 NFPA 1/UFC IFC sections are modified as shown to be in accordance with the building code regarding design and construction requirements:

            (a)  Section 1.3 102.5 Application of residential code is not adopted.  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 FPIP may take corrective action pursuant to the provisions of 50-61-101, MCA, et seq. and 50-62-101, MCA, et seq.

            (b)  Section 1.3.8 Repairs, renovations, alterations, reconstruction, change of occupancy, and additions to buildings shall conform with the fire code and the building code.  104.2 Application and permits is not adopted.

            (c)  Section 2.1 General.  The documents or portions thereof listed in this chapter are referenced within this code and shall be considered part of the requirements of this document.  105 Permits is not adopted.

            (d)  Section 2.2 NFPA Publications, except for NFPA 101, Life Safety Code, 2003 edition and NFPA 5000, Building Construction and Safety Code, 2003 edition, is adopted.  The Permit sections of the following chapters are not adopted:  3, 5, 6, 9, 11-13, and 15-44.

            (e)  Section 10.1.1.  Every existing building or structure shall be arranged, equipped, maintained, and operated in accordance with this code so as to provide a reasonable level of life safety, property protection, and public welfare from the actual and potential hazards created by fire, explosion, and other hazardous conditions.  108 Board of Appeals is not adopted.

            (f)  Section 10.1.2 113 Fees is not adopted.

            (g)  Section 10.1.3 Building Code.  All new construction shall comply with the building code. 

            (h) (g)  Section 14.1 Application.  Means of egress in new and existing buildings shall comply with the building code in effect at the time of construction.  202 General Definitions.  Insert GOVERNMENTAL FIRE AGENCIES.  Any fire department organized under Montana law under the jurisdiction of a city, county, state, fire district, or fire service area.

            (h)  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."

            (i)  308.2  Permits required - is not adopted.

            (j)  603.4 Portable unvented heaters is adopted, but the "Exceptions" are not adopted.

            (k)  603.4.1  Prohibited locations - is not adopted.

            (l)  1008.1.9 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."

            (m)  2206.7.9 Vapor-recovery and vapor-processing systems - including all subsections, are not adopted.

            (n)  2403.2  Approval required.  Adopted, but deleting "a permit and."

            (o)  3301.1.3  Fireworks - is not adopted.

            (p)  3301.2.2 through 3301.2.4.2 are not adopted.

            (q)  3306.5.2.3  Small arms primers - is not adopted.

            (r)  Insert "3306.6.  The maximum quantities, storage conditions, and fire-protection requirements for gunpowder and ammunition stored in a building shall be as follows:  Smokeless powder and small arms primers or percussion caps shall be in accordance with 50-61-120 and 50-61-121, MCA."

            (s)  3308  Fireworks Display - is not adopted.  See Title 50, chapter 37, MCA.

            (t)  3406.1 General - In paragraph numbered 1. delete "farms and."

            (u)  3406.2 Delete "farms and" from the heading, and "private use on farms and rural areas and" from the paragraph.

            (v)  3406.2.5.1(2) is not adopted.

            (w)  Appendix A  Board of Appeals - is not adopted.

            (x)  Appendix D  Fire Apparatus Access Roads - is adopted, but Sections D106, D107, and D108 are not adopted.

            (y)  Appendix E  Hazard Categories - is not adopted.

            (z)  Appendix F  Hazard Ranking - is not adopted.

            (aa)  Appendix G  Cryogenic Fluids - Weight and Volume Equivalents - is not adopted.

            (ab)  Appendix J  Fire Protection Systems - Noncompliant Conditions - is not adopted.

 

AUTH:            50-3-102, MCA

IMP:                50-3-103, MCA

 

            23.12.603  ADDITIONAL DEFINITIONS  (1)  Chapter 3 Definitions IFC SECTION 302 DEFINITIONS is adopted with the following additions:

            (a) remains the same.

            (b)  "Nationally recognized standards" as used in the 2003 NFPA 1/UFC IFC 2009 edition, includes, but is not limited to, means any of the following standards referenced in:  2003 NFPA; 1/UFC IFC 2009 edition; standards; Underwriters Laboratories Inc. (UL); standards; American Petroleum Institute (API); standards; American Society for Testing and Materials (ASTM); standards; and American National Standards Institute (ANSI) standards.

            (c) and (d) remain the same.

 

AUTH:            50-3-102, 50-61-102, MCA

IMP:                50-3-102, 50-61-102, MCA

 

            23.12.605  PROCESSES  (1)  Chapters 40 through 42 of 2003 NFPA 1/UFC 22, 33, and 34 of the IFC are adopted with the following exceptions and amendments:

            (a)  Insert Section 42.2.1  Applicability is amended by adding the following statement at the end of the section:  "  2204.5  Fuel Dispensing in Rural Areas.  For public automotive motor vehicle fuel-dispensing stations located in rural areas:, see Chapter 42 of the 2003 NFPA  1/UFC";

            (b)  Section 42.2.1.2  2204.5.1.  General.  When performed in the operation of a farm or ranch, or when approved by the chief, liquids used as fuels may be transferred from tank vehicles into the tanks of motor vehicles or special equipment, provided:

            1. through 8. remain the same. 

            (c)  Section 42.2.2  Applicability is amended by referencing "Chapter 42 of the 2003 NFPA 1/UFC" at the end of the first exception;

            (d)  Section 42.2.2.1  Permits is not adopted;

            (e)  Section 42.2.3.2  General Requirements is amended by adding at the end of the section:  "See 42.6";

            (f) (c) Section 42.2.3.2.2 is amended as follows:  42.2.3.2.2 Bulk plants.  2204.5.2.  Motor Vehicle Fuel Dispensing Stations.  1. Motor vehicle fuel dispensing stations are not permitted at bulk plants which are not located in a rural area with the following exceptions:

            (i)  Existing bulk plants which are not located in rural areas if the motor vehicle fuel-dispensing dispensers were installed prior to February 9, 1996, and if the dispensers are in compliance with 2003 NFPA 1/UFC Section 42.2.2.5.

            (ii)  Storage tanks which are located at bulk plants in rural areas and which are constructed and installed in accordance 2003 NFPA 1/UFC Chapter 66 and Section 42.6 compliance.

            2. (d)  2204.5.3.  Bulk plants located inside the districts defined as "rural" are permitted to incorporate motor vehicle fuel-dispensing stations.  The motor vehicle fuel-dispensing stations shall be separated by a fence or similar barrier from the area in which bulk operations are conducted. and in accordance with Section 42.6;

            (g)  Section 42.2.5.1 Scope is amended by adding the following statement at the end of the section:  "For public automotive motor vehicle fuel-dispensing stations located in rural areas, see section 42.6";

            (h)  Section 42.2.5.8 Vapor Recovery is not adopted;

            (e)  Insert 2204.6  Rural Motor Vehicle Fuel-Dispensing Stations.

            (f)  Insert 2204.6.1  Plans submittal.  Plans shall be submitted in accordance with these rules for public automotive motor vehicle fuel-dispensing stations located in rural areas.

            (g)  Insert 2204.6.2  Plans and specifications submittal.  Plans and specifications shall be submitted for review and approval prior to the installation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area.  A site plan shall be submitted which illustrates the location of flammable liquid, LP-gas, or CNG storage vessels, and their spatial relation to each other, property lines, and building openings.  Both aboveground and underground storage vessels shall be shown on plans.  For each type of station, plans and specifications shall include, but not be limited to, the following:

            1.  Plans, blueprints, or drawings for the renovation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area that utilizes aboveground storage of flammable or combustible liquids, or both, must be submitted to the FPIS by registered receipt mail for approval before beginning construction.  The FPIS shall approve or deny the plans within 50 calendar days or they are automatically considered approved.

            (h)  2204.6.3  Prior to the proposed renovation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area, an applicant shall obtain a letter of approval from the local fire official responsible for fire protection.  This letter and two sets of plans, blueprints, or drawings shall be submitted to the FPIS for examination and approval.

            (i)  Insert 2204.7  Locations of aboveground tanks.  Aboveground storage tanks are not prohibited on farms and ranches.  EXCEPTION:  Pursuant to 50-3-103(6), MCA, there are no requirements regarding diked areas or heat-actuated or other shut-off devices for storage tanks containing Class I or Class II liquids intended only for private use. 

            (j)  Insert 2204.7.1  Disposal of Tanks.  Tanks shall be disposed of in accordance with the following:

            1.  Underground tanks shall be disposed of in accordance with American Petroleum Institute (API) 1604, Third Edition, March 1996, and the Department of Environmental Quality's underground storage tank requirements;

            2.  All "unlisted" aboveground tanks which are no longer fit for continued service or which cannot be internally lined in accordance with nationally-recognized standards, shall be disposed of in accordance with API 2202, Third Edition, January 1991; and

            3.  API documents can be obtained from the American Petroleum Institute, 1220 "L" Street, N.W., Washington, D.C. 20005.

            (i) (k)  Section 42.2.7.2.1 2206.2.1.1  Inventory Control is amended by adding the following exceptions to the existing section (which is unchanged):  EXCEPTION:  Other leak detection methods as approved by the Montana Department of Environmental Quality UST program are acceptable; and Unsupervised Dispensing requires a sign to provide an "EMERGENCY" telephone number.

            (j)  Section 42.2.7.11  Unsupervised Dispensing is amended by requiring the sign to provide an "EMERGENCY" telephone number rather than a "Fire Department" telephone number;

            (l)  Insert 3306.6  Hazardous Materials.  The maximum quantities, storage conditions, and fire-protection requirements for gunpowder and ammunition stored in a building shall be as follows:

            1.  Smokeless powder shall be stored in accordance with 50-61-120 and 50-61-121, MCA.

            2.  Small arms primers or percussion caps shall be stored in accordance with 50-61-120 and 50-61-121, MCA.

            (k)  Section 42.6 is added to the 2003 fire code:

            Section 42.6  Rural Motor Vehicle Fuel - Dispensing Stations

            SECTION 42.6  GENERAL 

            42.6.1  Scope.  Public automotive motor vehicle fuel-dispensing stations located in rural areas, including publicly accessible operations but excluding farms and ranches, shall be in accordance with 2003 NFPA 1/UFC Chapters 42 and 66.  Private operations, other than farms and ranches, shall comply with Chapter 42.  Flammable and combustible liquids and LP-gas shall also be in accordance with Chapters 66 and 69.

            42.6.2  Definitions.  For definitions of BULK PLANT or TERMINAL, CNG, COMBUSTIBLE LIQUID, FLAMMABLE LIQUID and MOTOR VEHICLE FUEL-DISPENSING STATION, see Chapter 3.  For the definition of RURAL AREA, see ARM 23.12.603.

            42.6.3  Plans.

            42.6.3.1  Plans submittal.  Plans shall be submitted in accordance with Section 42.2.2.2 for public automotive motor vehicle fuel-dispensing stations located in rural areas.

            42.6.3.2  Plans and specifications submittal.  Plans and specifications shall be submitted for review and approval prior to the installation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area.  A site plan shall be submitted which illustrates the location of flammable liquid, LP-gas, or CNG storage vessels, and their spatial relation to each other, property lines, and building openings.  Both aboveground and underground storage vessels shall be shown on plans.  For each type of station, plans and specifications shall include, but not be limited to, the following:

            1.  Plans, blueprints, or drawings for the renovation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area that utilizes aboveground storage of flammable or combustible liquids, or both, must be submitted to the Fire Prevention and Investigation Program (FPIP) by registered receipt mail for approval before beginning construction.  The FPIP shall approve or deny the plans within 50 calendar days or they are automatically considered approved.

            42.6.3.3  Prior to the proposed renovation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area, an applicant shall obtain a letter of approval from the local fire official responsible for fire protection.  This letter and two sets of plans, blueprints, or drawings shall be submitted to the Fire Prevention and Investigation Program for examination and approval.

            42.6.4  Liquefied Petroleum Gas (LPG).  See Section 42.5.2.

            42.6.5  Compressed Natural Gas (CNG).  See Section 42.5.1.

            42.6.6  Dispensing operations shall comply with the provisions of Section 42.2.5 and 42.2.6.

            42.6.7  Spill Control, Drainage Control, and Secondary Containment.  Spill control and secondary containment shall be provided in accordance with Section 42.2.3.3.2.8.

            42.6.7.1  Leaking Aboveground Storage Tanks.  A leaking tank shall be reported to the local fire official and the department and may be replaced with an approved tank of the same volume without prior written approval as required in 42.6.3.3.  Subsequent inspection and approval shall be made by the local fire official. 

 

AUTH:            50-3-102, MCA

IMP:                50-3-102, 50-3-103, MCA

 

RATIONALE AND JUSTIFICATION:  New national fire codes are published every three years.  Additionally, the department is now adopting the International Fire Code instead of the Uniform Fire Code.  The several changes, additions, and modifications proposed to these rules are therefore necessary to conform these rules to the adopted sections of the current version of the IFC and to add additional sections dealing with Montana specific rules.  Further, what was referred to as the Fire Prevention and Investigation Program is now referred to as the Fire Prevention and Investigation Section. 

 

5.  Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to J. Stuart Segrest, Department of Justice, 215 North Sanders, P.O. Box 201401, Helena, MT 59620-1401; telephone (406) 444-2026; Montana Relay Service 711; fax (406) 444-3549; or e-mail ssegrest@mt.gov, and must be received no later than October 9, 2009.

 

            6.  An electronic copy of this Notice of Proposed Adoption and Amendment is available through the Department of Justice's web site at http://doj.mt.gov/resources/administrativerules.asp.  The department strives to make the electronic copy of the Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered.  In addition, although the Department of Justice works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

7.  The Department of Justice maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request which includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices of rules regarding the Division of Criminal Investigation, the Central Services Division, the Forensic Sciences Division, the Gambling Control Division, the Highway Patrol Division, the Legal Services Division, the Consumer Protection Division, the Motor Vehicle Division, the Justice Information Systems Division, or any combination thereof.  Such written request may be mailed or delivered to Kathy Stelling, Department of Justice, 215 North Sanders, P.O. Box 201401, Helena, MT 59620-1401; or e-mail kstelling@mt.gov, or may be made by completing a request form at any rules hearing held by the Department of Justice.

 

            8.  J. Stuart Segrest, Assistant Attorney General, has been designated to preside over and conduct the hearing.

 

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

 

 

By:       /s/ Steve Bullock                                            /s/ J. Stuart Segrest                         

            STEVE BULLOCK                                       J. STUART SEGREST

            Attorney General                                           Rule Reviewer        

            Department of Justice

 

Certified to the Secretary of State August 31, 2009.  

 

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