BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 23.12.601 concerning fire safety, fireworks, and Uniform Fire Code

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

            TO: All Concerned Persons

 

1.  On December 27, 2013, the Department of Justice proposes to amend the above-stated rule.

 

2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process 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 November 27, 2013, to advise us of the nature of the accommodation that you need. Please contact Jaime Burkhalter, 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 jburkhalter@mt.gov.

 

            3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

            23.12.601 ADOPTION OF THE INTERNATIONAL FIRE CODE (2012 EDITION) (1) through (5)(z) remain the same.

            (aa) Appendix D - Access Roads: Sections D101-D105.3 - are adopted.

            (ab) remains the same but is renumbered (aa).

 

            AUTH: 50-3-102, mca

            IMP:  50-3-103, MCA

 

RATIONALE AND JUSTIFICATION:  The department has learned that provisions of Appendix D conflict with rules and regulations that have been enacted by local governments. This amendment is reasonably necessary to avoid creating conflicts with local rules and regulations that have been enacted by municipalities, counties, or other entities that have authority over roads.   

 

            4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Matt Cochenour, 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 mcochenour2@mt.gov, and must be received no later than 5:00 p.m. on December 12, 2013.

 

            5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments they have to Matt Cochenour at the above address no later than December 12, 2013.

 

            6. If the agency receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. The number of persons affected is at least 25.

 

7. The department 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 that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above, or may be made by completing a request form at any rules hearing held by the department. A copy of the interested persons request form may be printed from the Department of Justice's web site at http://doj.mt.gov/agooffice/administrative-rules, and mailed to the rule reviewer. 

 

            8. An electronic copy of this notice is available through the Department of Justice web site at http://doj.mt.gov/agooffice/administrative-rules. The department strives to make the electronic copy of this 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 strives 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, and that a person's difficulties in sending an e-mail do not excuse late submission of comments.

 

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

 

10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.

 

 

 

 

 

/s/ Matthew T. Cochenour                         /s/ Tim Fox                            ­­

Matthew T. Cochenour                             Tim Fox

Rule Reviewer                                         Attorney General

                                                              Department of Justice

           

Certified to the Secretary of State November 4, 2013.