reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 8. Residential Energy Efficiency › 50-60-803. Energy labeling sticker

50-60-803. Energy labeling sticker.
(1) The department of labor and industry, in consultation with the department of environmental quality, shall prescribe by rule requirements for a labeling sticker to be affixed to a new residential building that describes the energy efficiency components of the home, including but not limited to heating appliance efficiencies and R-value or U-value of ceilings, walls, floors, windows, and doors in new residential buildings.
(2) A person constructing a new residential building shall affix to that residential building in a manner prescribed by the department of labor and industry a labeling sticker as described in subsection (1).
History: En. Sec. 5, Ch. 383, L. 1993; amd. Sec. 141, Ch. 418, L. 1995; amd. Sec. 183, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 9. Fire Mitigation Construction Techniques › 50-60-901. Purpose -- rulemaking

50-60-901. Purpose -- rulemaking.
(1) The purpose of this part is to provide specific rulemaking authority to the department of labor and industry for the purposes of 76-3-504(1)(e).
(2) By October 1, 2009, the department shall adopt rules identifying appropriate construction techniques that may be used by a local government in mitigation of identified fire hazards pursuant to 76-3-504(1)(e). Rules adopted under this section may not be construed to be part of the state building code as provided in 50-60-203. The adoption, amendment, or repeal of a rule under this section is of significant public interest for the purposes of 2-3-103.
History: En. Sec. 5, Ch. 443, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 60. Building Construction Standards › Part 9. Fire Mitigation Construction Techniques › 50-60-902. Enforcement

50-60-902. Enforcement.
Rules promulgated under 50-60-901 may be enforced only as provided in Title 76, chapter 3, part 5. The powers and duties for enforcement provided in 76-3-501 apply to rules adopted under 50-60-901 and do not apply to or include any rules adopted under Title 50, chapter 60, parts 1 through 8.
History: En. Sec. 6, Ch. 443, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-101. Purpose of chapter

50-61-101. Purpose of chapter.
The purpose and intent of this chapter are to provide for the public safety in case of fire in those occupancies specified in 50-61-103 and to allow for inspection of the buildings and premises by specified officers.
History: En. Sec. 1, Ch. 279, L. 1947; amd. Sec. 9, Ch. 229, L. 1967; R.C.M. 1947, 69-1801; amd. Sec. 14, Ch. 706, L. 1991; amd. Sec. 5, Ch. 387, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-102. Department of justice to administer chapter

50-61-102. Department of justice to administer chapter.
(1) The department of justice has general charge and supervision of the enforcement of this chapter, and the officers enumerated in 50-61-114 shall act under its general charge and supervision, shall assist the department in giving effect to this chapter, and are subject to its direction and the rules adopted under 50-3-102 and 50-3-103 for the enforcement of 50-61-120, 50-61-121, and this chapter.
(2) Upon its approval of a fire code and a plan for enforcement of the code filed by a municipality or other governmental fire agency organized under Title 7, chapter 33, the department may approve a municipal or governmental fire agency fire inspection program for local enforcement.
History: En. Sec. 8, Ch. 279, L. 1947; amd. Sec. 11, Ch. 229, L. 1967; amd. Sec. 13, Ch. 187, L. 1977; R.C.M. 1947, 69-1808(6); amd. Sec. 5, Ch. 506, L. 1989; amd. Sec. 15, Ch. 706, L. 1991; amd. Sec. 2, Ch. 212, L. 1995; amd. Sec. 21, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-103. Application of chapter -- definitions

50-61-103. Application of chapter -- definitions.
This chapter applies to the occupancies defined below:
(1) "Assembly occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure by a gathering of 50 or more persons for purposes such as civic, political, religious, or social functions, recreation, education, instruction, food or drink consumption, or awaiting transportation.
(2) "Business occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure for office, professional, or service transactions. A business occupancy includes the use of a structure for the storage of records and accounts or for an eating or drinking business establishment with an occupant load of less than 50 persons.
(3) "Educational occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure by persons assembled for the purpose of learning or receiving educational instruction. An educational occupancy includes but is not limited to any building used for:
(a) educational purposes through the 12th grade for more than 12 hours a week or 4 hours in any 1 day; or
(b) day-care purposes for more than 12 persons.
(4) "Industrial occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repairing, or processing operations.
(5) "Institutional occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure by more than five persons harbored or detained to receive medical, charitable, or other care or treatment or by persons involuntarily detained. An institutional occupancy includes but is not limited to:
(a) nurseries for the full-time care of children under the age of 6;
(b) hospitals, sanitariums, or nursing homes; and
(c) mental hospitals, mental sanitariums, jails, prisons, reformatories, or buildings where personal liberties of those harbored or detained are similarly restrained.
(6) "Residential occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure by persons for whom sleeping accommodations are provided and who are not harbored or detained to receive medical, charitable, or other care or treatment and who are not involuntarily detained. A residential occupancy includes but is not limited to hotels, motels, apartment houses, dwellings, and lodging houses. A residential occupancy does not include a building used only for private residential purposes for a family.
History: En. Sec. 2, Ch. 279, L. 1947; amd. Sec. 10, Ch. 229, L. 1967; amd. Sec. 12, Ch. 187, L. 1977; R.C.M. 1947, 69-1802; amd. Sec. 6, Ch. 387, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-104. Repealed

50-61-104. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 3, Ch. 279, L. 1947; amd. Sec. 1, Ch. 159, L. 1949; R.C.M. 1947, 69-1803.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-105. Repealed

50-61-105. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 4, Ch. 279, L. 1947; R.C.M. 1947, 69-1804.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-106. Unlawful to obstruct fire exit

50-61-106. Unlawful to obstruct fire exit.
It is unlawful to obstruct in any manner any fire exit, or any hallway, corridor, or entranceway leading to a fire exit, required by rules adopted by the department of justice.
History: En. Sec. 5, Ch. 279, L. 1947; R.C.M. 1947, 69-1805(part); amd. Sec. 16, Ch. 706, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-107. Repealed

50-61-107. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 5, Ch. 279, L. 1947; R.C.M. 1947, 69-1805(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-108. Repealed

50-61-108. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 5, Ch. 279, L. 1947; R.C.M. 1947, 69-1805(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-109. Repealed

50-61-109. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 6, Ch. 279, L. 1947; R.C.M. 1947, 69-1806(b), (c).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-110. Repealed

50-61-110. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 6, Ch. 279, L. 1947; R.C.M. 1947, 69-1806(a).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-111. Repealed

50-61-111. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 7, Ch. 279, L. 1947; amd. Sec. 1, Ch. 227, L. 1959; amd. Sec. 1, Ch. 254, L. 1975; R.C.M. 1947, 69-1807.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-112. Repealed

50-61-112. Repealed.
Sec. 9, Ch. 387, L. 2003.
History: En. Sec. 8, Ch. 279, L. 1947; amd. Sec. 11, Ch. 229, L. 1967; amd. Sec. 13, Ch. 187, L. 1977; R.C.M. 1947, 69-1808(1), (2); amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 129, Ch. 27, Sp. L. November 1993.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-113. Repealed

50-61-113. Repealed.
Sec. 9, Ch. 387, L. 2003.
History: En. Sec. 8, Ch. 279, L. 1947; amd. Sec. 11, Ch. 229, L. 1967; amd. Sec. 13, Ch. 187, L. 1977; R.C.M. 1947, 69-1808(3); amd. Sec. 1, Ch. 706, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-114. Fire chief and fire inspector to make inspections

50-61-114. Fire chief and fire inspector to make inspections.
For the purpose of examining the premises for violations of this chapter and rules adopted under 50-3-103 for the enforcement of this chapter, the chief or fire inspector of the governmental fire agency organized under Title 7, chapter 33, when a fire inspection program is established, or a fire inspector of the department of justice, when a fire inspection program does not exist:
(1) shall enter into school buildings at least once each 18 months; and
(2) may enter into all other buildings and upon all other premises within the jurisdiction, according to priority schedules established by the department for conducting inspections of buildings and premises.
History: En. Sec. 8, Ch. 279, L. 1947; amd. Sec. 11, Ch. 229, L. 1967; amd. Sec. 13, Ch. 187, L. 1977; R.C.M. 1947, 69-1808(4); amd. Sec. 1, Ch. 323, L. 1985; amd. Sec. 17, Ch. 706, L. 1991; amd. Sec. 3, Ch. 212, L. 1995; amd. Sec. 7, Ch. 387, L. 2003; amd. Sec. 22, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-115. Notice of violations

50-61-115. Notice of violations.
(1) When a building is found that is not in compliance with fire safety rules promulgated by the department of justice, the person making the inspection or the department shall serve a written notice upon the party whose duty it is to maintain the safety of the building.
(2) The notice must specify the time within which the defective conditions must be remedied.
(3) The notice is served if delivered to the person to be notified, if left with any adult person at the usual residence or place of business of the person to be notified, or if deposited in the post office directed to the last-known address of the person to be notified. Whenever buildings are managed and controlled by a board of trustees, board of commissioners, or other governing body, the notice is served if delivered to the president, secretary, or treasurer of the board of trustees, board of commissioners, or other governing body.
History: En. Sec. 8, Ch. 279, L. 1947; amd. Sec. 11, Ch. 229, L. 1967; amd. Sec. 13, Ch. 187, L. 1977; R.C.M. 1947, 69-1808(part); amd. Sec. 18, Ch. 706, L. 1991; amd. Sec. 23, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-116. Lessee who corrects violations entitled to reimbursement

50-61-116. Lessee who corrects violations entitled to reimbursement.
The occupant or lessee of any building who is required to erect fire escapes under the provisions of this chapter is entitled to reimbursement for the cost and expense of erecting the fire escapes out of the rent or lease money of the premises, and the reimbursement is not a breach of any existing lease, contract, or covenant or grounds for any action or damage ouster.
History: En. Sec. 8, Ch. 279, L. 1947; amd. Sec. 11, Ch. 229, L. 1967; amd. Sec. 13, Ch. 187, L. 1977; R.C.M. 1947, 69-1808(part); amd. Sec. 1863, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-117. Prosecution of violations

50-61-117. Prosecution of violations.
It is the duty of the department of justice or other authorized officer to furnish the county attorney with all evidence of violations of rules adopted by the department within the county where said violations occur, and, if the evidence discloses the fact that a violation has occurred, it is the duty of the county attorney of the county to prosecute the person committing the violation in the same manner as in other cases.
History: En. Sec. 10, Ch. 279, L. 1947; R.C.M. 1947, 69-1809(part); amd. Sec. 19, Ch. 706, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-118. Injunction authorized

50-61-118. Injunction authorized.
In addition to the other remedies and penalties provided in this chapter, upon the failure of any of the parties charged with the duty to maintain the safety of the building premises in accordance with rules adopted by the department of justice, the attorney general of the state or the county attorney of the county where the building is located shall bring an action against the owner, lessee, and occupants of the building for an injunction enjoining the further occupancy of it until it is in compliance with this chapter. The action may be brought in the county where the building is located.
History: En. Sec. 11, Ch. 279, L. 1947; R.C.M. 1947, 69-1810; amd. Sec. 20, Ch. 37, L. 1979; amd. Sec. 20, Ch. 706, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-119. Violation of chapter a misdemeanor

50-61-119. Violation of chapter a misdemeanor.
(1) Any person failing, neglecting, or refusing to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $50.
(2) Each day's failure to comply with any of the provisions of this chapter, after the expiration of the time stipulated in the written notice provided for herein, shall constitute a separate offense.
History: En. Sec. 10, Ch. 279, L. 1947; R.C.M. 1947, 69-1809(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-120. Exceeding fire code limits for storage of smokeless powder and small arms primers

50-61-120. Exceeding fire code limits for storage of smokeless powder and small arms primers.
(1) A retail establishment may exceed the limits prescribed by an adopted fire or safety code or a local government ordinance or resolution for the storage of smokeless powder and small arms primers if the storage conforms to the provisions contained in 50-61-121.
(2) Nothing in this section may be construed to allow repackaging of smokeless powder from larger to smaller containers on the retail premises.
History: En. Sec. 1, Ch. 506, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 61. Fire Safety in Public Buildings › Part 1. General Provisions › 50-61-121. Restrictions on storage of smokeless powder and small arms primers

50-61-121. Restrictions on storage of smokeless powder and small arms primers.
(1) A retail establishment may stock up to 400 pounds of smokeless powder on the premises of a building with a sprinkler system or 200 pounds on the premises of a building without a sprinkler system if storage of this stock conforms to the following conditions:
(a) no more than 20 pounds are on display in a customer service area;
(b) the storage area is clearly posted as off limits to customers;
(c) the storage area is clearly posted prohibiting smoking or any open flame or sparks; and
(d) the storage area is a room designed and constructed to restrict smoke travel that is separate from the customer service area, that has a self-closing entrance door, and that conforms to one of the following:
(i) It is constructed of material sufficient to achieve a 1-hour fire resistant-rated barrier between the storage area and the customer service area. The smokeless powder must be stored in cabinets made of wood or equivalent material that is at least 1 inch thick, and each cabinet must contain no more than 200 pounds of smokeless powder. Cabinets must be separated by 25 feet.
(ii) It is protected by a fire suppression sprinkler system approved by the state fire prevention and investigation section of the department of justice or a chief of a governmental fire agency organized under Title 7, chapter 33, or the chief's designee, and the storage area has cabinets as provided for in subsection (1)(d)(i).
(iii) Smokeless powder stock is contained in a cabinet with casters and constructed of wood at least 1 inch thick that is covered on all sides with 5/8-inch sheetrock.
(2) A retail establishment may stock up to 250,000 small arms primers if storage of this stock conforms to the following conditions:
(a) no more than 20,000 primers in a building with a sprinkler system or 10,000 primers in a building without a sprinkler system are on display in a customer service area;
(b) the storage area must conform to the conditions imposed in subsections (1)(a) through (1)(d), except that no more than 125,000 small arms primers may be stored in one cabinet, and the minimum required separation between cabinets is 15 feet; and
(c) small arms primers are retained in packaging approved by the U.S. department of transportation.
History: En. Sec. 2, Ch. 506, L. 1989; amd. Sec. 21, Ch. 706, L. 1991; amd. Sec. 24, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 62. Fire Hazards › Part 1. Removal of Hazards › 50-62-101. Entering of buildings for purpose of examination authorized

50-62-101. Entering of buildings for purpose of examination authorized.
An officer of the state fire prevention and investigation section of the department of justice or the chief or chief's designee of a governmental fire agency organized under Title 7, chapter 33, where a fire agency is established at all reasonable hours may, as authorized by law, enter into all buildings and upon all premises within the officer's, chief's, or designee's jurisdiction for the purpose of determining whether the building or premises conforms to laws and rules relating to fire hazards and fire safety.
History: En. Sec. 15, Ch. 148, L. 1911; re-en. Sec. 2752, R.C.M. 1921; re-en. Sec. 2752, R.C.M. 1935; amd. Sec. 8, Ch. 229, L. 1967; R.C.M. 1947, 82-1218; amd. Sec. 22, Ch. 706, L. 1991; amd. Sec. 25, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 62. Fire Hazards › Part 1. Removal of Hazards › 50-62-102. Structures or conditions creating fire hazard a public nuisance -- order to remedy

50-62-102. Structures or conditions creating fire hazard a public nuisance -- order to remedy.
(1) If any building or other structure is especially liable to fire for reasons including but not limited to lack of proper repair, age, dilapidated condition, defective or poorly installed wiring and equipment, defective chimneys, defective gas connections, defective heating apparatus, or the existence of any combustible materials, flammable conditions, or other fire hazards and is dangerous to the safety of the building premises or to the public or is situated in a way that endangers other buildings and property in the vicinity, the state fire prevention and investigation section of the department of justice or other person identified in 50-62-101 may declare the building or other structure to be a public nuisance and proceed according to 50-62-103 or subsection (2) of this section.
(2) If the state fire prevention and investigation section, an officer of the section, or a person identified in 50-62-101 determines that a building or other structure constitutes a public nuisance for any reason identified in subsection (1) of this section, the section, officer, or other person shall order the hazardous condition or material to be removed or remedied. The order must be in writing and directed generally to the owner, lessee, agent, or occupant of the building or structure.
(3) If the hazardous condition or material can be removed or remedied within a period of 24 hours, the order must contain notice that the condition or material must be remedied or removed. The owner, lessee, agent, or occupant upon whom the notice is served who fails to comply with the notice is liable for any expenses incurred in the removal or remedying of the hazardous condition or material by the fire prevention and investigation section, officer of the section, or other person identified in 50-62-101.
History: En. Sec. 16, Ch. 148, L. 1911; amd. Sec. 2, Ch. 95, L. 1913; amd. Sec. 2, Ch. 212, L. 1919; re-en. Sec. 2753, R.C.M. 1921; amd. Sec. 1, Ch. 139, L. 1929; re-en. Sec. 2753, R.C.M. 1935; R.C.M. 1947, 82-1219(part); amd. Sec. 23, Ch. 706, L. 1991; amd. Sec. 26, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 62. Fire Hazards › Part 1. Removal of Hazards › 50-62-103. Service of order to repair hazardous condition or demolish structure

50-62-103. Service of order to repair hazardous condition or demolish structure.
(1) If the fire prevention and investigation section of the department of justice, an officer of the section, or any other person identified in 50-62-101, upon an examination or inspection, determines that a building or other structure constitutes a public nuisance for any reason identified in 50-62-102 and the condition cannot be removed or remedied within 24 hours, the section, officer, or person shall order the hazardous condition to be repaired or the structure to be torn down or demolished and all dangerous conditions remedied.
(2) The order must be in writing, must provide the grounds for the order, and must be filed in the office of the clerk of the district court of the county in which the building or structure ordered to be altered, repaired, or demolished is located. All further proceedings for the enforcement of the order must be held in the district court in which the order is filed.
(3) A copy of the order filed as provided in this section, together with a written notice that it has been filed and will be put in force unless the owner, occupant, or tenant files objections or an answer to the order with the clerk of the court within the time specified in 50-62-104, must be served upon the owner and any purchaser under contract for deed of the building or structure directed to be altered, repaired, or demolished. If there is a tenant occupying the building, service must also be made upon the tenant. Service must be made personally upon the owner and occupant, if there is one.
(4) If the location of the owner or any purchaser under contract for deed is unknown and cannot be ascertained by the department of justice by the exercise of reasonable diligence, then upon filing in the office of the clerk of the district court an affidavit to this effect, service of the notice upon the owner or any purchaser under contract for deed may be made by the clerk of the district court by publication of it once in each week for 3 successive weeks in a newspaper printed and published in the county in which the building or structure is located and by posting a copy of the notice in a conspicuous place upon the building or structure. Service made in this manner is complete upon the expiration of the publication period. Proof of service of the notice must be filed in the office of the clerk of the district court within 5 days after the service of the notice.
History: En. Sec. 16, Ch. 148, L. 1911; amd. Sec. 2, Ch. 95, L. 1913; amd. Sec. 2, Ch. 212, L. 1919; re-en. Sec. 2753, R.C.M. 1921; amd. Sec. 1, Ch. 139, L. 1929; re-en. Sec. 2753, R.C.M. 1935; R.C.M. 1947, 82-1219(part); amd. Sec. 21, Ch. 37, L. 1979; amd. Sec. 16, Ch. 526, L. 1983; amd. Sec. 24, Ch. 706, L. 1991; amd. Sec. 27, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 62. Fire Hazards › Part 1. Removal of Hazards › 50-62-104. Answer of owner or occupant

50-62-104. Answer of owner or occupant.
(1) The owner of any building condemned or any occupant or lessee upon whom the condemnation notice or order is served, within 20 days from the date of service, may file with the clerk of the district court and serve upon the department of justice or any officer mentioned in 50-62-101 written objections to the order in the form of a verified answer denying the existence of any of the facts cited in the notice or order that the person desires to contest.
(2) If an answer is filed and served, the court shall hear and determine the issues raised and give judgment.
History: En. Sec. 2753-A, Ch. 139, L. 1929; re-en. Sec. 2753.1, R.C.M. 1935; R.C.M. 1947, 82-1220(part); amd. Sec. 25, Ch. 706, L. 1991; amd. Sec. 1864, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 62. Fire Hazards › Part 1. Removal of Hazards › 50-62-105. Default judgment

50-62-105. Default judgment.
If no answer is so filed and served, the owner and all other persons in interest shall be deemed to be in default, and thereupon the court shall affirm the order of condemnation and direct the department of justice or other officer to proceed with the enforcement thereof.
History: En. Sec. 2753-A, Ch. 139, L. 1929; re-en. Sec. 2753.1, R.C.M. 1935; R.C.M. 1947, 82-1220(part); amd. Sec. 26, Ch. 706, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 62. Fire Hazards › Part 1. Removal of Hazards › 50-62-106. Hearing and judgment

50-62-106. Hearing and judgment.
(1) The court, upon application of the department of justice or any officer mentioned in 50-62-101, shall make its order fixing a time and place for such hearing, which time shall be within 20 days from the date of the filing of the answer or as soon thereafter as the matter may be heard.
(2) If upon trial the order shall be sustained, judgment shall be given accordingly and a time shall be fixed within which the building or structure shall be altered, destroyed, or repaired in compliance with such order, but otherwise the court shall annul or set aside the order of condemnation.
History: En. Sec. 2753-B, Ch. 139, L. 1929; re-en. Sec. 2753.2, R.C.M. 1935; R.C.M. 1947, 82-1221; amd. Sec. 27, Ch. 706, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 62. Fire Hazards › Part 1. Removal of Hazards › 50-62-107. Proceedings on failure to comply with order

50-62-107. Proceedings on failure to comply with order.
(1) If the owner or other party in interest shall fail to comply with the order of condemnation of a building or structure within the time fixed by the court in case a trial is had therein, then the department of justice or any other officer authorized in 50-62-101 may proceed to cause such building or structure to be altered, repaired, or demolished in accordance with the directions contained in such order.
(2) Where a building or structure is demolished in accordance with such order, the department or any other officer authorized in 50-62-101 may sell or dispose of the salvaged materials therefrom at public auction upon 5 days' posted notice. The department or other officer shall keep an accurate account of the expenses incurred in carrying out the order and shall credit thereon the proceeds of such salvage sale, if any, and shall report thereon with a statement of said expenses or the balance thereof, the expense incurred, and the amount, if any, received from such salvage sale to the court for approval and allowance. The court shall examine, correct if necessary, and allow said expense account, and said amount so allowed shall constitute a lien against the real estate on which said building or structure is or was situated. If the amount thereof is not paid by the owner or other party in interest within 3 months after the account has been examined and approved by the court, the real estate upon which said building or structure is or was situated shall be sold under proper order of court by the sheriff of the county in which the same is situated in the manner provided by law for the sale of real estate upon execution, and the proceeds of said sale shall be paid into the treasury of the governmental unit which incurred the expenses. If the amount received as salvage or on sale shall exceed the expense incurred by the governmental unit, the court shall direct the payment of the surplus to those parties with encumbrances, mortgages, or liens on the real estate in order of their priority and any surplus thereafter to the owner or the payment of the same into court for their use and benefit.
History: En. Sec. 2753-C, Ch. 139, L. 1929; re-en. Sec. 2753.3, R.C.M. 1935; amd. Sec. 1, Ch. 418, L. 1975; R.C.M. 1947, 82-1222; amd. Sec. 1, Ch. 278, L. 1981; amd. Sec. 28, Ch. 706, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 62. Fire Hazards › Part 1. Removal of Hazards › 50-62-108. Repealed

50-62-108. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 2753-D, Ch. 139, L. 1929; re-en. Sec. 2753.4, R.C.M. 1935; amd. Sec. 1, Ch. 187, L. 1947; R.C.M. 1947, 82-1223(part); amd. Sec. 6, Ch. 506, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 62. Fire Hazards › Part 1. Removal of Hazards › 50-62-109. Repealed

50-62-109. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 2753-D, Ch. 139, L. 1929; re-en. Sec. 2753.4, R.C.M. 1935; amd. Sec. 1, Ch. 187, L. 1947; R.C.M. 1947, 82-1223(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 62. Fire Hazards › Part 1. Removal of Hazards › 50-62-110. Appeal to department of justice

50-62-110. Appeal to department of justice.
If the owner or occupant feels aggrieved by an order of an officer under this chapter, the owner or occupant may appeal to the department of justice within 24 hours and the cause of the complaint must be investigated, in a timely manner, by direction of the department. Unless the order is revoked by the department, it remains in force and must be complied with by the owner or occupant.
History: En. Sec. 17, Ch. 148, L. 1911; re-en. Sec. 2754, R.C.M. 1921; re-en. Sec. 2754, R.C.M. 1935; R.C.M. 1947, 82-1224; amd. Sec. 29, Ch. 706, L. 1991; amd. Sec. 1865, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 62. Fire Hazards › Part 1. Removal of Hazards › 50-62-111. Penalty for failure to comply with order to correct

50-62-111. Penalty for failure to comply with order to correct.
An owner or occupant of buildings or premises who fails to comply with the orders of the authorities named in this chapter shall be guilty of a misdemeanor and shall be fined not less than $10 or more than $500 for each day's neglect.
History: En. Sec. 18, Ch. 148, L. 1911; re-en. Sec. 2755, R.C.M. 1921; re-en. Sec. 2755, R.C.M. 1935; R.C.M. 1947, 82-1225; amd. Sec. 30, Ch. 706, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 62. Fire Hazards › Part 1. Removal of Hazards › 50-62-112. Notice of violations

50-62-112. Notice of violations.
(1) When the storage of class I or class II liquids, as defined in the fire code adopted by the department of justice, in a tank on a farm or ranch is not in compliance with rules promulgated by the department of justice, the person making the inspection or the department shall serve a written warning notice upon the owner or operator of the tank.
(2) The notice must specify the violations found and the time within which the violations must be corrected. A penalty may not be imposed if the violation is corrected within the time period allowed.
History: En. Sec. 2, Ch. 201, L. 1997; amd. Sec. 28, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 1. General Provisions › 50-63-101. Examination of premises where fire occurred authorized

50-63-101. Examination of premises where fire occurred authorized.
In the performance of the duties imposed by the provisions of this chapter, officers of the department of justice may, as authorized by law, enter upon and examine any building or premises where a fire has occurred and other buildings and premises adjoining or near thereto.
History: En. Sec. 14, Ch. 148, L. 1911; re-en. Sec. 2751, R.C.M. 1921; re-en. Sec. 2751, R.C.M. 1935; R.C.M. 1947, 82-1217; amd. Sec. 31, Ch. 706, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 1. General Provisions › 50-63-102. Civil penalty for setting or leaving fire causing damage

50-63-102. Civil penalty for setting or leaving fire causing damage.
A person who sets or leaves a fire that spreads and damages or destroys property of any kind not belonging to the person is subject to a civil penalty of not less than $50 or more than $500.
History: En. Sec. 4, Ch. 170, L. 1919; re-en. Sec. 2766, R.C.M. 1921; re-en. Sec. 2766, R.C.M. 1935; R.C.M. 1947, 82-1236; amd. Sec. 29, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 1. General Provisions › 50-63-103. Liability of offender for damages and costs

50-63-103. Liability of offender for damages and costs.
Except as provided in 50-63-104, a person who sets or leaves a fire that spreads and damages or destroys property of any kind not belonging to the person is liable for all damages caused by the fire, and an owner of property damaged or destroyed by the fire may maintain a civil suit for the purpose of recovering damages. A person who sets or leaves a fire that threatens to spread and damage or destroy property is liable for all costs and expenses incurred, including but not limited to expenses incurred in investigation of the fire and administration of fire suppression, by the state of Montana, by any forestry association, or by any person extinguishing or preventing the spread of the fire.
History: En. Sec. 7, Ch. 170, L. 1919; re-en. Sec. 2769, R.C.M. 1921; re-en. Sec. 2769, R.C.M. 1935; R.C.M. 1947, 82-1237; amd. Sec. 30, Ch. 449, L. 2007; amd. Sec. 2, Ch. 291, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 1. General Provisions › 50-63-104. Liability for forest or range fires

50-63-104. Liability for forest or range fires.
(1) In a civil action against any person or legal entity that is not a state government entity or a political subdivision of state government, for a forest or range fire caused by a negligent or unintentional act or omission that is not willful or wanton, the real and personal property damage is limited to:
(a) the reasonable costs for controlling or extinguishing the forest or range fire;
(b) economic damages; and
(c) either:
(i) the diminution of fair market value of the real and personal property resulting from the fire; or
(ii) the actual and tangible restoration costs associated with restoring the damaged real and personal property to its undamaged state to the extent that those actual and tangible costs are reasonable and practical. The costs of restoring the unimproved property may not be greater than the fair market value of the property immediately before the fire.
(2) As used in this section:
(a) "economic damages" means objectively verifiable monetary loss, including but not limited to out-of-pocket expenses, loss of earnings, loss of use of property, and loss of business or employment opportunities;
(b) "fair market value" means the amount a willing buyer would pay a willing seller in an arm's-length transaction when both parties are fully informed about all of the advantages and disadvantages of the property and neither is acting under any compulsion to buy or sell, as determined by a certified appraiser who is qualified to appraise the property;
(c) "forest or range fire" means a fire that burns any unimproved real property located outside of an incorporated municipality, regardless of whether there are improvements also affected by the fire and regardless of whether the fire also burns property within an incorporated municipality.
History: En. Sec. 1, Ch. 291, L. 2013; amd. Sec. 1, Ch. 389, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 2. Initial Investigation › 50-63-201. Cause of fire to be investigated

50-63-201. Cause of fire to be investigated.
The origin, cause, and circumstances of each fire by which property has been destroyed or damaged shall be investigated to determine the cause and circumstances. The department of justice may superintend and direct the investigation.
History: En. Sec. 6, Ch. 148, L. 1911; re-en. Sec. 2743, R.C.M. 1921; re-en. Sec. 2743, R.C.M. 1935; amd. Sec. 6, Ch. 229, L. 1967; amd. Sec. 1, Ch. 351, L. 1973; R.C.M. 1947, 82-1209(1); amd. Sec. 32, Ch. 706, L. 1991; amd. Sec. 1, Ch. 94, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 2. Initial Investigation › 50-63-202. Fire chief or sheriff to conduct investigation

50-63-202. Fire chief or sheriff to conduct investigation.
If the fire occurs within a municipality, organized fire district, or fire service area, the chief of the governmental fire agency organized under Title 7, chapter 33, having jurisdiction or the chief's designee shall conduct the investigation. If the fire occurs outside a municipality, organized fire district, or fire service area, the county sheriff shall conduct the investigation or ensure that an investigation is conducted.
History: En. Sec. 6, Ch. 148, L. 1911; re-en. Sec. 2743, R.C.M. 1921; re-en. Sec. 2743, R.C.M. 1935; amd. Sec. 6, Ch. 229, L. 1967; amd. Sec. 1, Ch. 351, L. 1973; R.C.M. 1947, 82-1209(part); amd. Sec. 4, Ch. 212, L. 1995; amd. Sec. 31, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 2. Initial Investigation › 50-63-203. Notification to department of justice -- reports to be filed

50-63-203. Notification to department of justice -- reports to be filed.
(1) If it appears that a fire was of suspicious origin, if there was a loss of human life, or if it is determined that a criminal investigation is necessary, the official responsible for the investigation shall notify the department of justice and the appropriate law enforcement agency within 24 hours and shall file with the department a written report of the cause within 10 days.
(2) If the property was insured, as soon as any adjustment has been made, a person representing the insurance company shall notify the department of justice of the amount of adjustment and the apparent cause and circumstances of the fire.
(3) Each official responsible for investigating fires shall file with the department of justice a fire incident report on each fire. Reports must be made on forms provided by the department and must contain information prescribed by the department. These reports must be sent to the department on a monthly basis or at intervals determined by the department.
History: En. Sec. 6, Ch. 148, L. 1911; re-en. Sec. 2743, R.C.M. 1921; re-en. Sec. 2743, R.C.M. 1935; amd. Sec. 6, Ch. 229, L. 1967; amd. Sec. 1, Ch. 351, L. 1973; R.C.M. 1947, 82-1209(part); amd. Sec. 33, Ch. 706, L. 1991; amd. Sec. 8, Ch. 387, L. 2003; amd. Sec. 32, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 2. Initial Investigation › 50-63-204. Penalty for failure to investigate or file report

50-63-204. Penalty for failure to investigate or file report.
Any person who fails to comply with the requirements of this part shall be fined not less than $25 or more than $200.
History: En. Sec. 8, Ch. 148, L. 1911; re-en. Sec. 2745, R.C.M. 1921; re-en. Sec. 2745, R.C.M. 1935; amd. Sec. 7, Ch. 229, L. 1967; R.C.M. 1947, 82-1211.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 3. Investigation by Fire Marshal (Repealed) › 50-63-301. Repealed

50-63-301. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: (1)En. Sec. 9, Ch. 148, L. 1911; re-en. Sec. 2746, R.C.M. 1921; re-en. Sec. 2746, R.C.M. 1935; Sec. 82-1212, R.C.M. 1947; (2)En. Sec. 12, Ch. 148, L. 1911; amd. Sec. 1, Ch. 212, L. 1919; re-en. Sec. 2749, R.C.M. 1921; re-en. Sec. 2749, R.C.M. 1935; amd. Sec. 35, Ch. 187, L. 1977; Sec. 82-1215, R.C.M. 1947; R.C.M. 1947, 82-1212, 82-1215(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 3. Investigation by Fire Marshal (Repealed) › 50-63-302. Repealed

50-63-302. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 13, Ch. 148, L. 1911; re-en. Sec. 2750, R.C.M. 1921; re-en. Sec. 2750, R.C.M. 1935; R.C.M. 1947, 82-1216.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 3. Investigation by Fire Marshal (Repealed) › 50-63-303. Repealed

50-63-303. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: (1)En. Sec. 11, Ch. 148, L. 1911; re-en. Sec. 2748, R.C.M. 1921; re-en. 2748, R.C.M. 1935; Sec. 82-1214, R.C.M. 1947; (2)En. Sec. 12, Ch. 148, L. 1911; amd. Sec. 1, Ch. 212, L. 1919; re-en. Sec. 2749, R.C.M. 1921; re-en. Sec. 2749, R.C.M. 1935; amd. Sec. 35, Ch. 187, L. 1977; Sec. 82-1215, R.C.M. 1947; R.C.M. 1947, 82-1214, 82-1215(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 3. Investigation by Fire Marshal (Repealed) › 50-63-304. Repealed

50-63-304. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 12, Ch. 148, L. 1911; amd. Sec. 1, Ch. 212, L. 1919; re-en. Sec. 2749, R.C.M. 1921; re-en. Sec. 2749, R.C.M. 1935; amd. Sec. 35, Ch. 187, L. 1977; R.C.M. 1947, 82-1215(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 3. Investigation by Fire Marshal (Repealed) › 50-63-305. Repealed

50-63-305. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 12, Ch. 148, L. 1911; amd. Sec. 1, Ch. 212, L. 1919; re-en. Sec. 2749, R.C.M. 1921; re-en. Sec. 2749, R.C.M. 1935; amd. Sec. 35, Ch. 187, L. 1977; R.C.M. 1947, 82-1215(part); amd. Sec. 9, Ch. 140, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 3. Investigation by Fire Marshal (Repealed) › 50-63-306. Repealed

50-63-306. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 12, Ch. 148, L. 1911; amd. Sec. 1, Ch. 212, L. 1919; re-en. Sec. 2749, R.C.M. 1921; re-en. Sec. 2749, R.C.M. 1935; amd. Sec. 35, Ch. 187, L. 1977; R.C.M. 1947, 82-1215(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 3. Investigation by Fire Marshal (Repealed) › 50-63-307. Repealed

50-63-307. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 12, Ch. 148, L. 1911; amd. Sec. 1, Ch. 212, L. 1919; re-en. Sec. 2749, R.C.M. 1921; re-en. Sec. 2749, R.C.M. 1935; amd. Sec. 35, Ch. 187, L. 1977; R.C.M. 1947, 82-1215(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 3. Investigation by Fire Marshal (Repealed) › 50-63-308. Repealed

50-63-308. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: (1)En. Sec. 10, Ch. 148, L. 1911; re-en. Sec. 2747, R.C.M. 1921; re-en. Sec. 2747, R.C.M. 1935; Sec. 82-1213, R.C.M. 1947; (2)En. Sec. 12, Ch. 148, L. 1911; amd. Sec. 1, Ch. 212, L. 1919; re-en. Sec. 2749, R.C.M. 1921; re-en. Sec. 2749, R.C.M. 1935; amd. Sec. 35, Ch. 187, L. 1977; Sec. 82-1215, R.C.M. 1947; R.C.M. 1947, 82-1213, 82-1215(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 4. Information From Insurers › 50-63-401. Insurer to provide information regarding fire loss to certain agencies upon request

50-63-401. Insurer to provide information regarding fire loss to certain agencies upon request.
Each insurer engaged in issuing fire insurance policies in the state of Montana shall upon written request of any appropriate law enforcement agency or governmental fire agency organized under Title 7, chapter 33, release to the requesting agency all information in its possession relating to a fire loss of real or personal property. The information may include but is not limited to:
(1) any insurance policy relevant to the fire loss under investigation and any application for the policy;
(2) premium payment records;
(3) the history of previous claims made by the insured for fire loss; and
(4) material relating to the investigation of the loss, including statements of any person, proof of loss, and other relevant evidence.
History: En. Sec. 1, Ch. 145, L. 1979; amd. Sec. 33, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 4. Information From Insurers › 50-63-402. Insurer to report suspicious fires

50-63-402. Insurer to report suspicious fires.
When an insurer has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, it shall notify an appropriate law enforcement agency or governmental fire agency organized under Title 7, chapter 33, and provide the agency with all material developed from its inquiry into the fire loss.
History: En. Sec. 2, Ch. 145, L. 1979; amd. Sec. 34, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 4. Information From Insurers › 50-63-403. Agencies to keep information confidential

50-63-403. Agencies to keep information confidential.
The insured's right of individual privacy requires agencies and agency personnel receiving information furnished pursuant to 50-63-401 and 50-63-402 to hold the information in confidence unless:
(1) the insured waives the right of individual privacy; or
(2) release of the information is required pursuant to a criminal or civil proceeding.
History: En. Sec. 3, Ch. 145, L. 1979; amd. Sec. 1866, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 4. Information From Insurers › 50-63-404. Testimony of agency personnel in action to recover under insurance policy

50-63-404. Testimony of agency personnel in action to recover under insurance policy.
Law enforcement agency and governmental fire agency personnel may be required to testify as to any information in their possession regarding the fire loss of real or personal property in any civil action in which a person seeks recovery from an insurer under a policy for the fire loss.
History: En. Sec. 4, Ch. 145, L. 1979; amd. Sec. 35, Ch. 449, L. 2007.