Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.12 - DIVISION OF CRIMINAL INVESTIGATION › Subchapter 23.12.4 - Fire Safety › Rule 23.12.401 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context requires otherwise, the following
				  definitions apply to the rules in ARM Title 23, chapter 12:
(1) "Building code" means the current version
				of the State Building Code adopted by the Department of Labor and Industry,
				Building and Commercial Measurements Bureau, including the International
				Building Code as amended by administrative rule. Copies of the building code
				may be obtained from the International Code Council at
www.iccsafe.org
.
(2) "Bureau of fire prevention" is treated as
				referring to the FPIS of the Department of Justice or, when made applicable by
				statute or rule or the context thereof, to the appropriate local certified
				jurisdiction.
(3) "Certificate of
				approval" means a letter of approval issued by the Fire Prevention and
				Investigation Section (FPIS), or its representative.
(4) "Chief," "fire chief," "fire marshal,"
				and "fire prevention officer" all mean the state fire marshal or, when made
				applicable by statute or rule or the context thereof, the chief official of the
				appropriate local fire protection agency.
(5) "Department" means the Department of
				Justice.
(6) "District," as used in
				50-61-114, MCA, means a rural fire
				district established under Title 7, chapter 33, part 21, MCA.
(7) "Entity" means any business, partnership,
				sole proprietorship, organization, association, corporation, firm, governmental
				organization, fire agency or any other business association.
(8) "Fire code" or "IFC" means the currently
				adopted edition of the International Fire Code (IFC), as published by the
				International Code Council, as modified by FPIS. See ARM 23.12.601.
(9) "Fire extinguisher" means a portable
				device, carried or on wheels and operated by hand, containing an extinguishing
				agent that can be expelled under pressure for the purpose of suppressing or
				extinguishing a fire.
(10) "Fire
				extinguishing system" means a fire suppression system designed in accordance
				with nationally recognized standards that consists of an assembly of piping or
				conduits that conveys extinguishing agents to dispersal openings or devices to
				extinguish, control or contain fire and to provide protection from exposure to
				fire or the products of combustion. Included are underground and overhead
				piping, ponds, tanks, pumps, extra or special hazard applications and other
				related components or devices necessary for water supplies.
(11) "Fire Prevention and Investigation
				Section (FPIS)" is the Fire Prevention and Investigation Section in the state
				fire marshal's office of the Department of Justice.
(12) "Fire protection equipment" means the
				components of any fire alarm system, special agent fire suppression system,
				portable fire extinguisher, or fire extinguishing system.
(13) "Fire service area" means a local
				government unit established and operated pursuant to Title 7, chapter 33, part
				24, MCA.
(14) "Fire sprinkler
				system" means a fire extinguishing system.
(15) "Fireworks stand" means a small,
				temporary, often open-air structure, booth, or other portable stand-alone
				structure designed and constructed of wood or metal, utilized for the express
				purpose of display and sale of fireworks at retail.
(16) "License" means the document issued by
				the Department of Labor and Industry which authorizes a person or entity to
				engage in the business of servicing fire extinguishers, fire alarms, fire
				sprinkler systems, and special agent suppression systems.
(17) "Local authority" means a fire agency,
				law enforcement agency or other governmental agency having jurisdiction in a
				given location.
(18) "Mechanical
				code" means the latest edition of the International Mechanical Code (IMC)
				adopted by the Department of Labor and Industry. Whenever a provision of the
				mechanical code is incorporated within the International Fire Code by
				reference, such provision is hereby adopted for application to all buildings
				within the jurisdiction of the FPIS, unless the state fire marshal determines
				otherwise. Copies of the mechanical code may be obtained from the International
				Code Council at
www.iccsafe.org
.
(19) "NICET" means National Institute for
				Certification in Engineering Technologies.
(20) "Ordinance" means state law, city or
				county ordinance, or rule adopted by the FPIS.
(21) "Pyrotechnic article" means a
				pyrotechnic device, other than a device classed as fireworks, for use in the
				entertainment industry.
(22)
				"Pyrotechnic composition" means a chemical mixture that, upon burning, produces
				visible, brilliant displays, bright lights, or sounds.
(23) "Sell," sale and associated words mean
				offering or contracting to transfer, lease, or rent any merchandise, equipment,
				or service at retail to the public or any member thereof for an agreed sum of
				money or other consideration.
(24)
				"Service" means:
(a) when referring to
				portable fire extinguishers and fire extinguisher cylinders, maintenance and
				includes breakdown for replacement of parts or agent, repair, recharging, or
				hydrostatic testing;
(b) when
				referring to alarm systems, fire extinguishing systems, and fire suppression
				systems, maintenance and testing required to keep the protective signaling,
				extinguishing, and suppression system and its component parts in an operative
				condition at all times, together with replacement of the system or its
				component parts with listed or approved parts, when, for any reason they become
				undependable, defective, or inoperative; and
(c) "Service" does not include resetting
				manual alarm systems which may be reset by properly trained building owners or
				their designated representative.