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(1) This rule shall govern certification for fire and life safety of all community homes for the developmentally disabled, in accordance with 53-20-307, MCA, and of all community homes for persons with severe disabilities, in accordance with 52-4-204, MCA.

(2) All community homes must be certified annually for fire and life safety by the state fire marshal.

(3) Applicants for certification shall submit to the state fire marshal in writing the following information:

(a) name and address of applicant;

(b) location of proposed community home; and

(c) number of residents for which community home will provide care.

(4) Upon receipt of an application for certificate of approval, the fire marshal or a representative shall conduct an inspection of the community home, and shall promptly thereafter issue findings indicating whether the fire code and applicable rules have been met.

(5) For purposes of determining compliance with the fire code, all community homes shall comply with the IFC and with all other rules promulgated by the FPIS.

(6) If the proposed community home is in compliance with these rules, the fire marshal shall issue a certificate of approval. If the home is not in compliance, the fire marshal shall issue a notice of corrective action needed to bring the home into compliance. Additional inspections may be conducted as needed until compliance is achieved.

(7) The state fire marshal shall notify the Department of Public Health and Human Services when a community home has been certified.


History: 50-3-102, MCA; IMP, 52-4-204, 53-20-307, MCA; NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1992 MAR p. 2074, Eff. 8/14/92; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.110, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10; AMD, 2013 MAR p. 1338, Eff. 7/26/13; AMD, 2023 MAR p. 212, Eff. 3/11/23.

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