reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 1. General Provisions › 50-57-103. Department authorized to adopt rules

50-57-103. Department authorized to adopt rules.
(1) The department shall adopt rules relating to the operation of establishments, including rules:
(a) setting standards to ensure sanitation and safety in establishments to protect public health and safety;
(b) relating to the licensing of establishments;
(c) providing procedures for enforcement of the laws and rules relating to establishments;
(d) relating to cooperative agreements between the department and local boards of health; and
(e) setting performance standards for local boards of health, local health officers, and sanitarians to meet as a condition to receipt of funds provided by the department pursuant to 50-57-305.
(2) To the extent feasible, the rules must be consistent with rules adopted to implement chapter 50.
History: En. Sec. 3, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 1. General Provisions › 50-57-104. Cooperative agreements authorized

50-57-104. Cooperative agreements authorized.
The department may enter into cooperative agreements with other state agencies and political subdivisions of the state to carry out the provisions of this chapter.
History: En. Sec. 4, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 1. General Provisions › 50-57-105. Diseased person not to handle food

50-57-105. Diseased person not to handle food.
A person who has a communicable disease, as defined in 50-1-101, may not work in any establishment or in the handling or processing of food.
History: En. Sec. 5, Ch. 474, L. 2003; amd. Sec. 3, Ch. 395, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 1. General Provisions › 50-57-106. Injunctions

50-57-106. Injunctions.
The regulatory authority may bring an action for an injunction against the continuation of an alleged violation of this chapter or a rule adopted by the department under this chapter.
History: En. Sec. 6, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 1. General Provisions › 50-57-107. County attorney to prosecute violations

50-57-107. County attorney to prosecute violations.
When the regulatory authority furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person, firm, or corporation violating this chapter or a rule adopted by the department under this chapter.
History: En. Sec. 7, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 1. General Provisions › 50-57-108. Violation -- misdemeanor

50-57-108. Violation -- misdemeanor.
A person who purposefully or knowingly violates provisions of this chapter or rules adopted by the department under this chapter is guilty of a misdemeanor. Upon conviction, the person shall be:
(1) fined an amount of not less than $50 or more than $100 for the first offense;
(2) fined an amount of not less than $75 or more than $200 for the second offense;
(3) fined an amount of not less than $200 and imprisoned in the county jail for not more than 90 days for the third offense and subsequent offenses.
History: En. Sec. 8, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 1. General Provisions › 50-57-109. Civil penalties -- injunctions not barred

50-57-109. Civil penalties -- injunctions not barred.
(1) An establishment that violates this chapter or rules adopted by the department under this chapter is subject to a civil penalty not to exceed $500.
(2) A civil action to impose penalties, as provided under this section, does not bar a prosecution under 50-57-107 and 50-57-108 or injunctions to enforce compliance with this chapter or to enforce compliance with a rule adopted by the department under this chapter.
History: En. Sec. 9, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 1. General Provisions › 50-57-110. Costs and expenses -- recovery by department or county

50-57-110. Costs and expenses -- recovery by department or county.
In a civil action initiated by the regulatory authority under this chapter, the court may, by petition of the regulatory authority, order an establishment that is found to be in willful violation of this chapter or rules adopted under this chapter to pay the costs of investigations and any other expenses incurred in enforcing the provisions of this chapter. These costs are limited to the direct costs of investigations and other expenses.
History: En. Sec. 10, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 2. Licensing › 50-57-201. License required

50-57-201. License required.
(1) A person operating an establishment shall procure an annual license from the department.
(2) Except as provided in subsection (3), a separate license is required for each establishment, but if more than one type of establishment is operated on the same premises and under the same management, only one license is required.
(3) A person operating an establishment and a retail food establishment is required to obtain a separate license for the establishment under this chapter and for the retail food establishment under Title 50, chapter 50.
History: En. Sec. 11, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 2. Licensing › 50-57-203. Application for license

50-57-203. Application for license.
An application for a license must be made to the department on forms containing information required by the department, or the application must be made in compliance with the rules established by the board of review established in 30-16-302.
History: En. Sec. 12, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 2. Licensing › 50-57-205. License fee -- late renewal fee -- allocation of fees

50-57-205. License fee -- late renewal fee -- allocation of fees.
(1) For each annual license issued or renewed, the department shall collect a fee of $115.
(2) A person operating an establishment who fails to renew a license by the expiration date provided in 50-57-206 and who operates the establishment in the license year for which an annual renewal fee was not paid shall, upon renewal, pay to the department a late renewal fee of $25 in addition to the annual renewal fee required by subsection (1). Payment of the late renewal fee does not relieve the operator of responsibility for operating without a license.
(3) The department shall deposit the annual fees collected under subsection (1) as follows:
(a) 90% into the state special revenue fund to the credit of the local board inspection fund account, created in 50-2-108;
(b) 5% into the general fund; and
(c) 5% into the account created in 50-57-213 in the state special revenue fund.
(4) The department shall deposit all of the fees collected under subsection (2) into the account created by 50-57-213 in the state special revenue fund.
History: En. Secs. 13, 14, Ch. 474, L. 2003; amd. Sec. 5, Ch. 482, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 2. Licensing › 50-57-206. License expiration -- nontransferability

50-57-206. License expiration -- nontransferability.
(1) Except as provided in subsection (2), licenses expire on December 31 of the year in which they are issued unless canceled for cause.
(2) If the board of review adopts a renewal date for licenses under this chapter, the licenses expire on the anniversary date established by rule by the board of review.
(3) Licenses are not transferable.
History: En. Sec. 15, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 2. Licensing › 50-57-207. Right to renewal

50-57-207. Right to renewal.
(1) License renewal may be obtained annually by paying the required annual license fee provided for in 50-57-205.
(2) The department shall renew licenses as a matter of right, unless conditions exist that are grounds for cancellation or denial of a license.
History: En. Sec. 16, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 2. Licensing › 50-57-208. Validation by local health officer

50-57-208. Validation by local health officer.
(1) A license issued by the department is not valid until it is signed by the local health officer of the local board of health with jurisdiction where the establishment is located.
(2) The local health officer shall validate or refuse to validate the license within 15 days of the receipt of the license.
(3) The failure of the local health officer to validate the license within 15 days after its receipt is a refusal.
History: En. Sec. 17, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 2. Licensing › 50-57-209. Refusal of local health officer to validate -- appeal to board

50-57-209. Refusal of local health officer to validate -- appeal to board.
(1) A local health officer may refuse to validate a license issued by the department only if the local health officer determines that the applicant has not met the requirements for the issuance of the license under this chapter or rules adopted by the department under this chapter. The local health officer shall notify the applicant and the department of the refusal within 5 days of the decision not to validate. The notice must state the grounds for the refusal.
(2) The applicant may appeal the decision of the local health officer to the local board of health by filing a written notice of appeal with the local health officer and the local board of health within 30 days of the local health officer's refusal to validate a license or within 30 days of the expiration of the period for the local health officer's decision under 50-57-208, whichever is first.
(3) Upon the filing of the notice of appeal, the applicant is entitled to a hearing before the local board of health to determine the applicant's eligibility for a license under this chapter and department rules adopted under this chapter. The hearing must be held pursuant to the contested case procedure of the Montana Administrative Procedure Act. If the local board of health finds that the applicant is entitled to a validated license, the presiding officer of the local board of health shall validate the license by signing the license.
History: En. Sec. 18, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 2. Licensing › 50-57-210. Cancellation of license -- multiple establishments

50-57-210. Cancellation of license -- multiple establishments.
(1) The department may deny or cancel a license if it finds, after proper investigation, that the applicant or licensee has violated or is not in compliance with this chapter or a rule adopted under this chapter and that the applicant or licensee has failed or refused to remedy or correct the noncompliance or violation.
(2) When more than one type of establishment is authorized by one license, as provided in 50-57-201(2), the denial or cancellation may affect one, some, or all of the types of establishments as determined by the department.
History: En. Sec. 19, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 2. Licensing › 50-57-211. Submission and execution of plan of correction as bar to cancellation

50-57-211. Submission and execution of plan of correction as bar to cancellation.
An applicant or licensee may submit to the department a written plan of correction within 10 days after receipt from the department of a written notice of violation. The department shall determine if the plan of correction is acceptable. The submission and execution of an acceptable plan of correction within the time prescribed in the plan are a bar to license cancellation.
History: En. Sec. 20, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 2. Licensing › 50-57-212. Notice and hearing required

50-57-212. Notice and hearing required.
(1) A license may not be denied or canceled by the department without delivery to the applicant or licensee of a written statement of the grounds for denial or cancellation and an opportunity for a hearing before the department to show cause, if any, why the license should not be denied or canceled.
(2) The applicant or licensee shall make a written request to the department for a hearing within 10 days after notice of the grounds for denial or cancellation has been received.
(3) The hearing must be held in accordance with the contested case procedure of the Montana Administrative Procedure Act. After a hearing, the department may issue an appropriate order. Service of notice or an order mailed by the department is complete upon mailing.
History: En. Sec. 21, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 2. Licensing › 50-57-213. Special revenue account

50-57-213. Special revenue account.
There is an account in the state special revenue fund. Money in the account is allocated to the department to be used to administer the provisions of this chapter and the rules adopted under this chapter.
History: En. Sec. 22, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 3. Inspections › 50-57-301. Health officers and sanitarians to make investigations and inspections

50-57-301. Health officers and sanitarians to make investigations and inspections.
State and local health officers, sanitarians-in-training, and registered sanitarians shall conduct investigations and inspections of establishments and make reports to the department as required under rules adopted by the department.
History: En. Sec. 23, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 3. Inspections › 50-57-302. Health officers and sanitarians to have free access

50-57-302. Health officers and sanitarians to have free access.
State and local health officers, sanitarians-in-training, and registered sanitarians must be provided free access to establishments at all reasonable hours for the purpose of conducting investigations and inspections as required under this chapter.
History: En. Sec. 24, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 57. Wholesale Food Establishments › Part 3. Inspections › 50-57-305. Department to pay local health board for inspections and enforcement

50-57-305. Department to pay local health board for inspections and enforcement.
(1) Before June 30 of each year, the department shall pay to a local board of health an amount from the local board inspection fund account, created in 50-2-108, that may be used only for the purpose of inspecting establishments under this chapter and enforcing the provisions of this chapter. However, a payment may be made only if:
(a) there is a functioning local board of health; and
(b) the local board of health, local health officers, sanitarians-in-training, and registered sanitarians:
(i) assist in inspections and enforcement of the provisions of this chapter and rules adopted under this chapter; and
(ii) meet minimum program performance standards as established under rules adopted by the department.
(2) The funds received by the local board of health pursuant to subsection (1) must be deposited with the appropriate local fiscal authority and must be used to supplement, but not supplant, other funds received by the local board of health that in the absence of funding received under subsection (1) would be made available for the same purpose.
(3) Funds in the local board inspection fund account not paid to the local board of health, as provided in subsection (1), may be used by the department, within any jurisdiction that does not qualify to receive payments from the local board inspection fund account, to enforce the provisions of this chapter and rules adopted under this chapter.
History: En. Sec. 25, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 1. General Provisions › 50-60-103. Administration by department

50-60-103. Administration by department.
The department shall administer parts 1 through 7 and for that purpose shall:
(1) issue orders necessary to effectuate the purposes of parts 1 through 7 and enforce the orders by all appropriate administrative and judicial proceedings;
(2) enter, inspect, and examine buildings or premises necessary for the proper performance of its duties under parts 1 through 7;
(3) study the operation of the state building code, local building regulations, and other laws related to the construction of buildings to ascertain their effects upon the cost of building construction and the effectiveness of their provisions for health and safety;
(4) recommend tests or require the testing and approval of materials, devices, and methods of construction to ascertain their acceptability under the requirements of the state building code and issue certification of the acceptability;
(5) appoint experts, consultants, and technical advisers for assistance and recommendations relative to the formulation and adoption of the state building code;
(6) advise, consult, and cooperate with other agencies of the state, local governments, industries, and interested persons or groups; and
(7) consult with the building codes council, established in 50-60-115, on all rules and interpretations of building code provisions and on the checklist for the examination of single-family dwelling construction plans provided for in 50-60-118.
History: En. Sec. 6, Ch. 366, L. 1969; amd. Sec. 3, Ch. 226, L. 1974; R.C.M. 1947, 69-2109; amd. Sec. 5, Ch. 473, L. 1999; amd. Sec. 1, Ch. 68, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 1. General Provisions › 50-60-104. Inspection fees

50-60-104. Inspection fees.
The department shall establish a schedule of fees and may collect fees for the inspection of plans and specifications and for the inspection of buildings, factory-built buildings, or any other facility or structure. The fees must be commensurate with the cost of the inspections and with appropriations for other purposes.
History: En. Sec. 4, Ch. 348, L. 1971; amd. Sec. 11, Ch. 226, L. 1974; amd. Sec. 4, Ch. 504, L. 1977; R.C.M. 1947, 69-2124(part); amd. Sec. 1, Ch. 240, L. 1997; amd. Sec. 3, Ch. 346, L. 1997; amd. Sec. 1, Ch. 357, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 1. General Provisions › 50-60-105. Hearings authorized

50-60-105. Hearings authorized.
The department may hold hearings relating to the administration of parts 1 through 7 in accordance with the Montana Administrative Procedure Act.
History: En. Sec. 8, Ch. 366, L. 1969; amd. Sec. 5, Ch. 226, L. 1974; amd. Sec. 2, Ch. 116, L. 1975; amd. Sec. 17, Ch. 504, L. 1975; amd. Sec. 1, Ch. 173, L. 1977; amd. Sec. 16, Ch. 187, L. 1977; amd. Sec. 2, Ch. 504, L. 1977; R.C.M. 1947, 69-2111(2); amd. Sec. 2, Ch. 68, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 1. General Provisions › 50-60-107. Certificate of occupancy

50-60-107. Certificate of occupancy.
(1) A certificate of occupancy for a building constructed in accordance with the provisions of the state building code or county, city, or town building code must certify that the building conforms to the requirements of the building regulations applicable to it.
(2) Every certificate of occupancy, unless and until set aside or vacated by a court of competent jurisdiction, is binding and conclusive upon all county, city, or town agencies as to all matters set forth, and an order, directive, or requirement at variance with the certificate of occupancy may not be made or issued by any other state agency or county, city, or town agency.
History: En. Sec. 14, Ch. 366, L. 1969; amd. Sec. 11, Ch. 226, L. 1974; R.C.M. 1947, 69-2117(part); amd. Sec. 6, Ch. 443, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 1. General Provisions › 50-60-108. Construction permit required

50-60-108. Construction permit required.
Any person who desires to construct a building which is subject to the provisions of parts 1 through 4 must apply for a permit from the appropriate authorities.
History: En. Sec. 10, Ch. 366, L. 1969; amd. Sec. 6, Ch. 226, L. 1974; R.C.M. 1947, 69-2113.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 1. General Provisions › 50-60-109. Injunctions authorized

50-60-109. Injunctions authorized.
(1) The construction or use of the building in violation of any provision of the state building, plumbing, elevator, or electrical code or county, city, or town building code or of any lawful order of a state building official or a local building department may be enjoined by a judge of the district court in the judicial district in which the building is located.
(2) This section is governed by the Montana Rules of Civil Procedure.
History: En. Sec. 15, Ch. 366, L. 1969; R.C.M. 1947, 69-2118; amd. Sec. 7, Ch. 443, L. 2003; amd. Sec. 3, Ch. 68, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 1. General Provisions › 50-60-110. Violation a misdemeanor

50-60-110. Violation a misdemeanor.
Any person served with an order pursuant to the provisions of parts 1 through 7 who fails to comply with the order not later than 30 days after service or within the time fixed by the department or a local building department for compliance, whichever is the greater, or any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent, their agents, or any person taking part or assisting in the construction or use of any building who knowingly violates any of the applicable provisions of the state building, plumbing, elevator, or electrical code or county, city, or town building code is guilty of a misdemeanor.
History: En. Sec. 16, Ch. 366, L. 1969; amd. Sec. 8, Ch. 226, L. 1974; R.C.M. 1947, 69-2119; amd. Sec. 8, Ch. 443, L. 2003; amd. Sec. 4, Ch. 68, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 1. General Provisions › 50-60-115. Building codes council -- purpose and structure

50-60-115. Building codes council -- purpose and structure.
(1) There is a building codes council for the purpose of assisting the department with the application, implementation, and interpretation of the state building code and building codes adopted by counties, cities, or towns. The council shall work cooperatively with the department and with representatives of the construction industry, as well as members of the interested public, to harmonize building codes and related rules with both the needs of the construction industry and the public interest in efficiency, cost-effectiveness, and safety.
(2) The council consists of 12 members appointed by the governor, unless otherwise specified, as follows:
(a) a practicing architect licensed in Montana;
(b) a practicing professional engineer licensed in Montana;
(c) a representative from the building contractor industry;
(d) a county, city, or town building inspector;
(e) a representative of the manufactured housing industry;
(f) a member of the general public who does not hold public office and who does not represent the same industry or agency as another council member;
(g) the director of the department of public health and human services or the director's designee;
(h) a licensed electrician selected by the state electrical board;
(i) a licensed plumber selected by the board of plumbers;
(j) a licensed elevator mechanic selected by the department;
(k) the state fire marshal or the fire marshal's designee; and
(l) a representative of the home building industry.
(3) The appointed council members serve at the pleasure of the governor for terms of 3 years.
(4) The council is allocated to the department for administrative purposes only as provided in 2-15-121.
(5) The council and its members are entitled to compensation as provided in 2-15-122.
History: En. Sec. 1, Ch. 473, L. 1999; amd. Sec. 9, Ch. 443, L. 2003; amd. Sec. 23, Ch. 303, L. 2005; amd. Sec. 48, Ch. 44, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 1. General Provisions › 50-60-116. Continuing education -- funding support from building fees -- special account

50-60-116. Continuing education -- funding support from building fees -- special account.
(1) There is a building codes education program administered by the department for the purpose of providing continuing education in building code standards and other related topics to interested persons in the construction industry and in regulatory agencies of state and local government.
(2) The building codes education program must be funded entirely from building fee revenue collected by the department, and the department shall allocate 0.5% of the fees that the department collects pursuant to 50-60-104 to the state special revenue account established in subsection (3) to pay the costs of conducting courses and seminars at multiple locations in the state.
(3) There is an account in the state special revenue fund for the purpose of paying the costs of the building codes education program.
(4) The department may expend the funds referred to in subsection (2) to contract with the cooperative extension service, the extended studies programs, other appropriate units of the Montana university system, or private sector entities to develop and conduct the building codes education program.
History: En. Sec. 2, Ch. 473, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 1. General Provisions › 50-60-117. Building code interpretations -- central registry

50-60-117. Building code interpretations -- central registry.
(1) The department shall, in cooperation with the Montana chapter of the international conference of building officials, develop a process and procedure for:
(a) achieving, to the greatest extent possible, knowledge and acceptance of the department's interpretations by affected parties;
(b) publishing the department's interpretations of building code provisions in a manner that makes the interpretations easily accessible to and obtainable by the public by paper copy and by electronic means; and
(c) maintaining in a central registry easily accessed records of the published interpretations provided for in subsection (1)(b).
(2) The department shall provide to the building codes council, established in 50-60-115, a comprehensive and up-to-date file of the department's interpretations of all building codes in use in Montana.
History: En. Sec. 3, Ch. 473, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 1. General Provisions › 50-60-118. Examination of single-family dwelling plans -- statewide approval for model plans -- fee adjustments -- mandatory checklist

50-60-118. Examination of single-family dwelling plans -- statewide approval for model plans -- fee adjustments -- mandatory checklist.
(1) The department shall accept for examination and approval or disapproval all model construction plans for single-family dwellings submitted to the department.
(2) Once a model construction plan has been approved, the department shall indicate in writing on the approved plan that the plan is acceptable on a statewide basis and that no further examination is warranted except with respect to:
(a) zoning;
(b) footings, foundations, and basements;
(c) curbs;
(d) gutters;
(e) landscaping;
(f) utility connections;
(g) street requirements;
(h) sidewalks; and
(i) other requirements specifically related to the exterior of the building.
(3) Local building departments shall reduce plan examination fees commensurate with the reduced time and effort expended resulting from the department's examination provided for in subsection (1).
(4) This section may not be construed to reduce the requirements for obtaining permits for onsite inspection of the residence under construction pursuant to 50-60-106.
(5) (a) The department shall devise a checklist for the examination of single-family dwelling construction plans by the department and by the building code enforcement officials of counties, cities, and towns.
(b) The checklist must be based upon the most recently adopted edition of the council of American building officials One and Two Family Dwelling Code, as amended.
(c) The checklist is subject to review and amendment by the building codes council provided for in 50-60-115.
(d) The checklist must be made available to building contractors at a price that is commensurate with reproduction costs, and a building contractor who uses the checklist and attaches it to the plans that the contractor submits to the department or a county, city, or town for examination is entitled to receive the relevant building permit or notice of disapproval within 10 days of submission of the completed checklist.
History: En. Sec. 4, Ch. 473, L. 1999; amd. Sec. 10, Ch. 443, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 2. State Building Code › 50-60-201. Purpose of state building code

50-60-201. Purpose of state building code.
The state building code must be designed to effectuate the general purposes of parts 1 through 4 and the following specific objectives and standards to:
(1) provide reasonably uniform standards and requirements for construction and construction materials consistent with accepted standards of design, engineering, and fire prevention practices;
(2) permit to the fullest extent feasible the use of modern technical methods, devices, and improvements that tend to reduce the cost of construction consistent with reasonable requirements for the health and safety of the occupants or users of buildings and, consistent with the conservation of energy, by design requirements and criteria that will result in the efficient use of energy, whether used directly or in a refined form, in buildings;
(3) eliminate restrictive, obsolete, conflicting, and unnecessary building regulations and requirements that tend to unnecessarily increase construction costs, unnecessarily prevent the use of proven new materials that have been found adequate through experience or testing, or provide unwarranted preferential treatment to types or classes of materials, products, or methods of construction;
(4) ensure that any newly constructed public buildings and certain altered public buildings are readily accessible to and usable by persons with disabilities, according to the principles applicable to accessibility to public buildings for persons with disabilities in the state building code;
(5) ensure statewide uniformity in the inspection and enforcement of exterior features of all newly constructed public buildings and certain altered public buildings, including building sites, for physical accessibility to people with disabilities;
(6) encourage efficiencies of design and insulation that enable buildings to be heated in the winter with the least possible quantities of energy and to be kept cool in the summer without air-conditioning equipment or with the least possible use of the equipment;
(7) encourage efficiencies and criteria directed toward design of building envelopes with high thermal resistance and low air leakage and toward requiring practices in the design and selection of mechanical, electrical, and illumination systems that promote the efficient use of energy;
(8) provide, to the greatest extent possible, with the advice and consent of the building codes council and the Montana chapter of the international conference of building officials, a broadly uniform system of building code interpretations for the purposes of predictability, fairness, and efficiency.
History: En. Sec. 7, Ch. 366, L. 1969; amd. Sec. 4, Ch. 226, L. 1974; amd. Sec. 1, Ch. 116, L. 1975; R.C.M. 1947, 69-2110; amd. Sec. 1, Ch. 65, L. 1985; amd. Sec. 6, Ch. 331, L. 1997; amd. Sec. 48, Ch. 472, L. 1997; amd. Sec. 7, Ch. 473, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 2. State Building Code › 50-60-202. Department to be sole state agency to promulgate building regulations -- exception

50-60-202. Department to be sole state agency to promulgate building regulations -- exception.
The department is the only state agency that may promulgate building regulations as defined in 50-60-101, except the department of justice may promulgate regulations relating to use of buildings and installation of equipment. The state fire prevention and investigation section of the department of justice shall review building plans and regulations for conformity with rules promulgated by the department.
History: En. 69-2125 by Sec. 13, Ch. 504, L. 1977; R.C.M. 1947, 69-2125; amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 20, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 2. State Building Code › 50-60-204. Public hearing required -- effective date of certain rules

50-60-204. Public hearing required -- effective date of certain rules.
(1) Except as provided in subsection (2), a rule, amendment, or repeal of the state building code is a matter of significant public interest for purposes of 2-3-103 and may not take effect until after a public hearing by the department.
(2) If a hearing with adequate public notice pursuant to 2-3-103 has been held by the department of justice with respect to the duties contained in chapter 3 of this title or by the board of plumbers, the department of public health and human services, or the state electrical board on a proposed rule relating to building and equipment standards in their respective fields, a public hearing by the department is not required. The proposed rule is effective upon approval of the department and filing with the secretary of state as a part of the state building code.
History: En. Sec. 8, Ch. 366, L. 1969; amd. Sec. 5, Ch. 226, L. 1974; amd. Sec. 2, Ch. 116, L. 1975; amd. Sec. 17, Ch. 504, L. 1975; amd. Sec. 1, Ch. 173, L. 1977; amd. Sec. 16, Ch. 187, L. 1977; amd. Sec. 2, Ch. 504, L. 1977; R.C.M. 1947, 69-2111(part); amd. Sec. 17, Ch. 546, L. 1979; amd. Sec. 173, Ch. 575, L. 1981; amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 140, Ch. 418, L. 1995; amd. Sec. 319, Ch. 546, L. 1995; amd. Sec. 5, Ch. 488, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 2. State Building Code › 50-60-205. When state building code applies -- health care facility and public health center doors

50-60-205. When state building code applies -- health care facility and public health center doors.
(1) If a county, city, or town does not adopt a building code as provided in 50-60-301, the state building code applies within the county, city, or town and the state will enforce the code in these areas.
(2) Any provision of a building code requiring the installation or maintenance of self-closing or automatic closing corridor doors to patient rooms does not apply to health care facilities as defined in 50-5-101 or to a public health center as defined in 7-34-2102.
History: En. Sec. 9, Ch. 366, L. 1969; amd. Sec. 11, Ch. 226, L. 1974; amd. Sec. 3, Ch. 504, L. 1977; R.C.M. 1947, 69-2112(2); amd. Sec. 1, Ch. 168, L. 1983; amd. Sec. 14, Ch. 93, L. 1997; amd. Sec. 11, Ch. 443, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 2. State Building Code › 50-60-206. Variances to state building code

50-60-206. Variances to state building code.
(1) The department has the power, on satisfactory proof after a public hearing, to:
(a) vary or modify, in whole or part, the application of any provision or requirement of the state building code if strict compliance would cause any undue hardship; but no variance or modification shall affect adversely provisions for health, safety, and security, and equally safe and proper alternatives may be prescribed therefor;
(b) reverse, modify, or annul, in whole or part, any ruling, direction, determination, or order of any state agency affecting or relating to the construction of any building, the construction of which is pursuant or purports to be pursuant to the provisions of the state building code;
(c) review within 30 days after disapproval any application for permission for the construction of a building pursuant to the provisions of the state building code or plans or specifications submitted in connection therewith;
(d) reverse, modify, or annul the disapproval in whole or part;
(e) within 30 days make a determination that the application or plans or specifications are in compliance with the provisions of the state building code. If this determination is made, the officer charged with the duty shall issue any permit, license, certificate, authorization, or other document required for the construction.
(2) An application for a variance, modification, reversal, annulment, or review may be made by any person aggrieved pursuant to the Montana Administrative Procedure Act.
(3) An application for a variance, modification, reversal, annulment, or review shall stay all proceedings in furtherance of the action appealed from unless there is a showing by the state agency that a stay would involve imminent peril to life or property.
(4) The department, in hearings conducted under this section, shall not be bound by common-law or statutory rules of evidence.
History: En. Sec. 11, Ch. 366, L. 1969; amd. Sec. 7, Ch. 226, L. 1974; R.C.M. 1947, 69-2114.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 2. State Building Code › 50-60-211. Inspections

50-60-211. Inspections.
(1) The construction of a public building or alteration to a primary function area of a public building must be inspected for physical accessibility to persons with disabilities.
(2) The inspection must include the building site, including applicable exterior features, such as parking areas, passenger loading zones, private sidewalks, and the accessibility from adjacent public sidewalks, public streets, and public transportation stops.
(3) (a) The inspections must be completed by state building inspectors in areas not covered by a county, city, or town building code.
(b) (i) Counties, cities, and towns that have adopted a building code may assign appropriately trained personnel to perform site inspections conducted pursuant to this part.
(ii) Counties, cities, and towns conducting inspections pursuant to this section must have an enforcement mechanism in place to ensure compliance with the accessibility provisions of this part, including but not limited to denying building permits or certificates of occupancy, injunctions, or other civil enforcement procedures allowed by law.
(4) Existing public buildings that are not undergoing an alteration to a primary function area are not subject to the inspection provisions of this section.
History: En. Sec. 1, Ch. 331, L. 1997; amd. Sec. 12, Ch. 443, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 2. State Building Code › 50-60-212. Disclaimer

50-60-212. Disclaimer.
A building permit or certificate of occupancy issued by the state or by a county, city, or town must contain a statement that reads: "Compliance with the requirements of the state building code for physical accessibility to persons with disabilities does not necessarily guarantee compliance with the Americans With Disabilities Act of 1990, the Rehabilitation Act of 1973, the Fair Housing Amendments Act of 1988, Title 49, chapter 2, commonly known as the Montana Human Rights Act, or other similar federal, state, or local laws that mandate accessibility to commercial construction or multifamily housing."
History: En. Sec. 2, Ch. 331, L. 1997; amd. Sec. 13, Ch. 443, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 2. State Building Code › 50-60-213. Accessible exterior routes -- exceptions

50-60-213. Accessible exterior routes -- exceptions.
(1) Except as provided in subsection (6), for a public building, an accessible exterior route must be provided from public transportation stops located within the boundary of the building site, from accessible parking and accessible passenger loading zones within the boundaries of the building site, and from public sidewalks that are immediately adjacent to the building site, if sidewalks exist, to the building's accessible entrance served by the transportation stops, parking and loading zones, or sidewalks.
(2) (a) When more than one public building is located on a site, at least one accessible exterior route must connect accessible elements, facilities, and buildings that are on the site.
(b) For the purposes of 50-60-214 and this section, "element" means an architectural or mechanical component of a public building, facility, space, or site and includes but is not limited to telephones, curb ramps, doors, drinking fountains, seating, and water closets.
(3) An accessible exterior route between accessible public parking and an accessible building entrance must be the most practical direct route.
(4) (a) A person or entity constructing a public building is not required to fully comply with the provisions of this section if the person can demonstrate that due to characteristics of the terrain, it is structurally impractical to fully comply.
(b) Full compliance may be considered structurally impractical only in those rare circumstances when the unique characteristics of the terrain prevent the incorporation of accessibility features.
(c) The person or entity shall comply with the provisions of this section to the extent that compliance is not structurally impractical.
(d) The department shall adopt rules to assist all interested parties involved in the design, construction, and inspection processes in determining structural impracticality.
(5) (a) If a paved parking lot is not planned or present for a public building, a person or entity constructing the public building is not required to pave the entire lot, unless otherwise required by law, ordinance, or applicable building code, but shall provide pavement or a similarly firm, stable, and slip-resistant surface for parking spaces designated for persons with disabilities.
(b) An accessible exterior route with a suitably firm, stable, and slip-resistant surface must be provided from the designated parking spaces to an accessible building or facility entrance.
(c) The total number of designated accessible parking spaces in a parking lot or area must be the number provided for in the applicable state building code or county, city, or town building code.
(6) An accessible route is not required in cases where there is not a pedestrian route for the general public.
(7) The state, counties, cities, and towns shall use the same accessibility standards.
History: En. Sec. 3, Ch. 331, L. 1997; amd. Sec. 14, Ch. 443, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 2. State Building Code › 50-60-214. Alteration of primary function area

50-60-214. Alteration of primary function area.
(1) An alteration that affects or could affect the use of or access to a primary function area in a public building must be made to ensure, to the extent possible, that the path of travel to the altered primary function area and the restrooms, telephones, and drinking fountains serving the altered primary function area are readily accessible and usable by persons with disabilities.
(2) (a) A person or entity is not required to make alterations to provide an accessible path of travel to an altered primary function area if in terms of cost and scope the alterations to the path of travel are disproportionate to the cost of the alterations to the primary function area. Alterations to a path of travel to an altered primary function area must be considered disproportionate if the cost exceeds 20% of the cost of the alterations to the primary function area. This subsection does not prohibit an expenditure to alter a path of travel that exceeds 20% of the cost of the alterations to a primary function area.
(b) If the cost of altering a path of travel to an altered primary function area is disproportionate as provided in subsection (2)(a), the path of travel must be made accessible to the extent possible without incurring disproportionate costs. The alterations to the path of travel must be made by providing, in the following order or priority:
(i) an accessible entrance and accessible exterior route to the accessible entrance from accessible parking and passenger loading zones or from a public sidewalk if the public sidewalk is immediately adjacent to the public building site;
(ii) an accessible path of travel to the altered primary function area;
(iii) accessible restrooms for each sex, as defined in 1-1-201, or a single unisex restroom when allowed by the applicable building code; and
(iv) accessible elements, including but not limited to storage spaces and alarms.
(3) A person or entity subject to the provisions of this section is also subject to the provisions of 50-60-213(5)(a) and (5)(b).
History: En. Sec. 4, Ch. 331, L. 1997; amd. Sec. 34, Ch. 685, L. 2023.