reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.7 - Boiler Safety › Rule 24.301.713 - OPERATING CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(1) Boilers shall
				not be placed into operation, prior to the issuance of an operating certificate
				by the department, as required by
				50-74-206,
				MCA, unless otherwise exempted by the rules of this subchapter or permission to
				operate the boiler on a temporary basis is obtained from the
				department.
(2) Operating
				certificates for boilers inspected by the department will be issued following
				the boiler inspection(s), proper notification to the department of corrections
				of all deficiencies found during inspection, submission of the boiler
				inspection report/invoice and payment of the fee(s) imposed by
				50-74-219,
				MCA.
(3) Operating certificates for
				boilers inspected by insurance companies may be issued following submission of
				boiler inspection reports, approved by the insurance company's special boiler
				inspector, to the department and payment of the operating certificate fee, by
				the owner or user, as required by
				50-74-219,
				MCA. Owners and/or users will receive notification for payment of the operating
				certificate fee from the department.
(4) Operating certificates are valid for 12
				months from the date of issuance, unless the expiration date is extended by the
				department, pursuant to the longer inspection intervals authorized by
				50-74-209,
				MCA.
(5) Operating certificates
				issued for a boiler inspected by a special boiler inspector, shall be valid
				only if the boiler continues to be insured by an authorized insurance company
				or until the expiration date.
(6)
				When an accident occurs which renders a boiler inoperative, the owner or user
				shall notify the department as soon as it is practical.
50-60-203,
					 50-74-101,
					 MCA; IMP,
					 50-60-203,
					 50-74-206,
					 50-74-208,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.7 - Boiler Safety › Rule 24.301.714 - FEES

Current through Register Vol. 13, July 5, 2024
(1) Prior to the department issuing an
				operating certificate for a boiler, the applicant shall make payment to the
				department the applicable fee(s) as required by
				50-74-219,
				MCA. The fees established are as follows:
(a)
				operating certificate $ 36
(b)
				internal inspection 80
(c) external
				inspection:
(i) hot water heating and supply
				40
(ii) steam heating 55
(iii) power boiler 75
(d) special inspection 50 per hour plus
				expenses
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.7 - Boiler Safety › Rule 24.301.715 - BOILERS EXEMPTED

Current through Register Vol. 13, July 5, 2024
(1) The rules in
				this subchapter do not apply to:
(a) boilers
				under federal control;
(b) steam
				heating boilers operated at not over 15 psig in private residences or
				apartments of six or less families or whenever a single boiler provides heat
				for six or less apartment (dwelling) units;
(c) hot water heating or supply boilers
				operated at not over 50 psig and temperatures not over 250 degrees F. when in
				private residences or apartments of six or less families or whenever a single
				boiler provides heat for six or less apartment (dwelling) units;
(d) unfired pressure vessels; or
(e) water heaters or water heating systems
				operating at pressures not exceeding 150 psig and/or temperatures not exceeding
				210 degrees F. which are utilized to supply potable hot water as regulated by
				the state plumbing code. Maximum operating pressures and temperatures shall be
				determined by the listing(s) on the manufacturer's data plate. Examples of
				exempted water heaters and water heating systems include, but are not limited
				to, lined potable water heaters, hot water heaters of corrosion resistant
				elements utilized in conjunction with lined potable storage vessels,
				instantaneous type water heaters designed to deliver potable hot water without
				storage, water heating systems which utilize an approved heat exchanger to heat
				potable water and other similar systems.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.7 - Boiler Safety › Rule 24.301.716 - SPECIAL BOILER INSPECTOR CERTIFICATION AND IDENTIFICATION CARD

Current through Register Vol. 13, July 5, 2024
(1) Application for certification as a
				special boiler inspector shall be made to the department on forms provided by
				the department, as required by
				50-74-202,
				MCA.
(2) The applicant for special
				boiler inspector certification shall submit documentation with his/her
				application that indicates the applicant holds a current national board
				commission.
(3) Special boiler
				inspector certification and identification cards are issued for employment with
				a specific insurance company and are not valid when the special boiler
				inspector is no longer employed by said company.
(4) Insurance companies shall notify the
				department of changes in the employment status of its special boiler inspectors
				and shall furnish to the department, upon request, a roster of its
				inspectors.
(5) Upon the effective
				date of these rules, special boiler inspectors, presently employed by insurance
				companies to inspect boilers in this state and whose names appear on the
				insurance company's initial roster, submitted to the department, will receive
				the credentials from the department, as outlined in
				50-74-202,
				MCA, without application.
50-60-203,
					 50-74-101,
					 MCA; IMP,
					 50-60-203,
					 50-74-202,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.7 - Boiler Safety › Rule 24.301.717 - INSURANCE COMPANY TO PROVIDE WRITTEN NOTIFICATION TO THE DEPARTMENT OF CHANGE IN BOILER STATUS

Current through Register Vol. 13, July 5, 2024
(1) To meet the
				requirements of
				50-74-202,
				MCA, insurance companies shall notify the department, in writing, of any change
				in the status of the boilers it insures, including but not limited to, the
				following:
(a) new boiler insured;
(b) boiler with insurance canceled;
(c) boiler with insurance not
				renewed;
(d) boiler with insurance
				suspended; or
(e) boiler refused
				for insurance.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.7 - Boiler Safety › Rule 24.301.718 - BOILER INSPECTIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				requirements imposed by
				50-74-206
				and
				50-74-209,
				MCA, regarding the requirements for boiler inspections, shall be as follows:
(a) All boilers not exempted from the rules
				of this subchapter are to be inspected prior to being placed into operation,
				unless authorization is obtained from the department to operate the boiler on a
				temporary basis.
(b) Upon
				notification to the department, in writing or via telephone, new boilers may be
				placed into operation prior to inspection, when scheduled for inspection within
				90 days after being placed into operation.
(c) A bank of boilers is a row of similar or
				matched boilers connected to common header piping. Total input of a bank of
				boilers is the aggregate input of the individual boilers comprising the
				bank.
(d) Agricultural class
				boilers, such as those operated during the harvest by mint and honey producers,
				will be considered for longer inspection intervals on a case-by-case
				basis.
(e) The department may
				accept boiler inspection reports from insurance companies, which employ special
				boiler inspectors, subject to the following:
(i) Boiler inspection reports shall be filed
				with the department within 30 days after inspection in a manner acceptable to
				the department. Such report shall indicate the boiler has met the requirements
				imposed by Title 50, chapter 74, MCA, and that the boiler has been approved or
				rejected for operation by a special boiler inspector employed by the insurance
				company that insures the boiler.
(ii) All boilers which are insured by an
				insurance company employing a special boiler inspector shall be inspected
				within 90 days of the inspection due date. When a special inspector fails to
				inspect and submit a report to the department within this grace period, the
				department shall complete the required inspection and charge a fee pursuant to
				ARM 24.301.714.
(iii) The department may inspect any boiler,
				which is also inspected by a special boiler inspector employed by an insurance
				company. Whenever the department inspection confirms that the insurance company
				inspection report is substantially and materially incomplete, invalid, or
				unacceptable, the department may assess the insurance company the fee for a
				special inspection as imposed by ARM 24.301.714.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.7 - Boiler Safety › Rule 24.301.719 - ASSIGNMENT OF STATE IDENTIFICATION NUMBER

Current through Register Vol. 13, July 5, 2024
(1) At the time of the initial boiler
				inspection, the state boiler inspector will assign and apply to the boiler a
				state identification number as directed by the department.
(2) Each steel boiler will be stamped by the
				inspector, utilizing letters and figures not less than 5/16" in height and
				arranged as follows: MTB 00000.
(3)
				Each cast iron boiler will be marked with a permanent marker in two locations
				and arranged as follows: MTB 00000.
(4) State identification numbers applied to
				boilers shall be maintained so as to be legible. When a boiler's state
				identification number becomes indistinct, the department will require the
				original number to be reapplied.
50-60-203,
					 50-74-101,
					 MCA; IMP,
					 50-60-203,
					 50-74-102,
					 50-74-206,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.7 - Boiler Safety › Rule 24.301.720 - MINIMUM CONSTRUCTION STANDARDS FOR BOILERS

Current through Register Vol. 13, July 5, 2024
(1) All new boilers, unless otherwise exempt,
				to be operated in this state, shall be designed and constructed in accordance
				with the ASME code(s) adopted and incorporated in ARM
				24.301.710.
(2) The department, at its discretion, may
				require documentation to verify new boilers are in compliance with the minimum
				construction standards imposed by the ASME code(s). Documentation may include
				the manufacturer's data report, national board registration number, inspection
				reports or other documentation acceptable to the department.
(3) Boilers not designed or constructed in
				accordance with the ASME code(s) or boilers which do not have documentation for
				approval as a standard boiler may, at the discretion of the department, be
				considered for classification as a state special boiler and receive a special
				operating certificate.
50-60-203,
					 50-74-101,
					 MCA; IMP,
					 50-60-203,
					 50-74-102,
					 50-74-206,
					 50-74-209,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.7 - Boiler Safety › Rule 24.301.721 - BOILER SAFETY APPLIANCES

Current through Register Vol. 13, July 5, 2024
(1) All boiler
				safety appliances shall be maintained in good working order or replaced with
				appliances which meet the standards and requirements imposed by the ASME
				code(s).
(2) Repair of safety
				appliances shall be made in accordance with established standards and
				procedures. The department, at its discretion, may require documentation which
				verifies compliance with said standards and procedures. Documentation may
				include manufacturer's repair records, national board "VR" stamp certification,
				company repair records or other documentation acceptable to the
				department.
50-60-203,
					 50-74-101,
					 MCA; IMP,
					 50-60-203,
					 50-74-102,
					 50-74-108,
					 50-74-217,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.7 - Boiler Safety › Rule 24.301.722 - BOILER REPAIRS

Current through Register Vol. 13, July 5, 2024
(1) Boiler repairs
				shall be made in accordance with established standards, procedures and the ASME
				code(s) adopted and incorporated in ARM
				24.301.710.
(2) The department, at its discretion, may
				require documentation which verifies repairs were completed in compliance with
				established standards, procedures and the ASME code(s). Documentation may
				include welding certifications, weld records, certification by a design
				professional, national board "R" symbol stamp or other verifiable documentation
				acceptable to the department.
(3)
				Weld repairs to boilers shall not be initiated without authorization of the
				department or special boiler inspector if the boiler is insured by an
				authorized insurance company. Other repairs to boilers shall be reported to the
				department, by the party performing the work, within 30 days of completion of
				the work.
(4) Failure to report
				boiler repairs to the department, within 30 days of completion of the work, or
				to provide documentation as required in (2) above, may cause the department to
				deny issuance of the boiler operating certificate until such time as the
				imposed requirements are met.
50-60-203,
					 50-74-101,
					 MCA; IMP,
					 50-60-203,
					 50-74-102,
					 50-74-207,
					 50-74-215,
					 50-74-218,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.7 - Boiler Safety › Rule 24.301.723 - BOILER ALTERATIONS

Current through Register Vol. 13, July 5, 2024
(1) Alterations to
				boilers shall be made in accordance with the established standards, procedures
				and the ASME code(s) adopted and incorporated in ARM
				24.301.710.
(2) Alterations to boilers shall not be
				initiated without authorization of the department or special boiler inspector
				if the boiler is insured by an authorized insurance company.
(3) The department, at its discretion, may
				require documentation which verifies the proposed alteration(s) will be
				completed in compliance with established standards, procedures and the ASME
				code(s). Documentation may include welding certifications, certification by a
				design professional, national board "R" symbol stamp or other verifiable
				documentation acceptable to the department.
(4) Failure to comply with the requirements
				contained in (1), (2) and (3) above, may cause the department to deny issuance
				of the boiler operating certificate until such time as the imposed requirements
				are met.
50-60-203,
					 50-74-101,
					 MCA; IMP,
					 50-60-203,
					 50-60-209,
					 50-74-102,
					 50-74-207,
					 50-74-215,
					 50-74-218,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.7 - Boiler Safety › Rule 24.301.724 - TRACTION ENGINES

Current through Register Vol. 13, July 5, 2024
(1) Traction
				engines shall not be placed into operation prior to the issuance of an
				operating certificate by the department, unless written permission is obtained
				from the department to operate the traction engine on a temporary
				basis.
(2) Every traction engine
				shall have a logbook, maintained by the owner or user, which indicates
				operational hours, repairs, defects, adverse operating conditions, or other
				information related to the boiler.
(3) At least 30 days prior to a public
				gathering or show of traction engines, the show promoter, manager, fair board,
				or other responsible party shall report to the department all traction engines
				that are intended to be operated in the show.
(4) The department adopts and incorporates by
				reference the following sections of the National Board of Boiler and Pressure
				Vessel Inspectors, National Board Inspection Code (NBIC), 2007 edition for all
				traction engines: Part II, Section 6, Supplement 1 and Supplement 2. A copy of
				the NBIC may be obtained from the National Board of Boiler and Pressure Vessel
				Inspectors, 1055 Crupper Avenue, Columbus, OH 43229-1183.
50-60-203,
					 50-74-101,
					 MCA; IMP,
					 50-60-203,
					 50-74-101,
					 50-74-104,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.8 - Swimming Pool Licensure › Rule 24.301.801 - ADOPTION BY REFERENCE OF ARM 37.111.1115-REVIEW OF PLANS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-60-203,
					 MCA; IMP:
					 50-53-103,
					 50-60-104,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.9 - Building Accessibility Rules › Rule 24.301.901 - SCOPE OF RULES

Current through Register Vol. 13, July 5, 2024
(1) The access
				requirements established in the currently adopted edition of the state building
				code and the joint international code committee/American national standards
				institute (ICC/ANSI) standard, ICC/ANSI A117.1, are utilized as the basis for
				establishing the accessibility requirements and guidelines in this
				sub-chapter.
(2) This subchapter is
				promulgated in order to provide rules and guidelines, as required by
				50-60-203,
				MCA, to ensure that newly constructed public buildings and certain altered
				public buildings are readily accessible and usable by persons with
				disabilities, according to the principles applicable to accessibility in the
				state building code.
(3) The term
				"public building" as used in this rule means a building or facility owned or
				operated by a government entity or a private sector building or facility that
				is open to members of the public, as established in
				50-60-101,
				MCA.
50-60-203,
					 MCA; IMP,
					 50-60-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.9 - Building Accessibility Rules › Rule 24.301.902 - DISCLAIMER

Current through Register Vol. 13, July 5, 2024
(1) A building permit or certificate of
				occupancy issued by the state or a municipality or county 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."
50-60-203,
					 MCA; IMP,
					 50-60-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.10 - Underground Facility Protection Program › Rule 24.301.1001 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this chapter, the following definitions
				  apply:
(1) "Advisory council" means
				the underground facility protection advisory council provided for by
				69-4-520,
				MCA.
(2) "Call center" means a
				notification center, as defined in 60-4-501, MCA, that serves a designated
				geographical region of Montana for purposes of allowing excavators to obtain
				the location of underground facilities in the location where an excavation is
				proposed to occur. A call center is also known as a "call before you dig"
				center, or an "811" center.
(3)
				"Department" means the Department of Labor and Industry, as provided by
				69-4-501,
				MCA.
(4) "Excavator" has the same
				meaning as provided by
				69-4-501,
				MCA.
(5) "Incident" has the same
				meaning as provided by
				69-4-501,
				MCA.
(6) "Underground facility
				owner" has the same meaning as provided by
				69-4-501,
				MCA.
AUTH:
					 69-4-522,
					 MCA; IMP:
					 69-4-501,
					 69-4-520,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.10 - Underground Facility Protection Program › Rule 24.301.1002 - COLLECTION OF INCIDENT REPORTS

Current through Register Vol. 13, July 5, 2024
(1) A call
				center must submit an incident report to the department within 30 days of
				learning of an incident.
(2) The
				department shall accept incident reports submitted by a call center:
(a) on a department-approved reporting form:
(i) via U.S. Mail to Underground Facility
				Protection Program, P.O. Box 200517, Helena, MT 59620-0517; or
(ii) via fax to (406) 841-2050; or
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.10 - Underground Facility Protection Program › Rule 24.301.1003 - ASSESSMENT AND COLLECTION OF CIVIL PENALTIES

Current through Register Vol. 13, July 5, 2024
(1) The department shall contact each call
				center serving Montana to determine when the last 100 locate requests were
				made, or the number of locate requests made in the past 12 months. Each call
				center shall provide the requested information within seven days of the
				department's request.
(2) To timely
				issue civil penalties as required by
				69-4-524
				and
				69-4-525,
				MCA, if a call center does not respond within ten days of a request, the
				department may issue a civil penalty based solely on the number of locate
				requests identified by the call center that takes locate requests for the area
				in which the incident occurred.
(a) For good
				cause shown, a party to whom a civil penalty has been issued pursuant to (2)
				may seek a recalculation of the penalty based on information received from all
				call centers.
(b) The department
				may withdraw a civil penalty if the underground facility owner, pursuant to
				69-4-529,
				MCA, timely notifies the department that the civil penalty is not
				required.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.10 - Underground Facility Protection Program › Rule 24.301.1006 - COLLECTION OF FINES

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall, as required by
				69-4-529,
				MCA, assess a fine of $100 on an underground facility owner for each report the
				underground facility owner fails to timely file.
(2) A party aggrieved by the imposition of a
				fine may contest the fine as provided for in [24.301.1009 ].
(3) A fine that has not been contested and
				which remains unpaid for more than 75 days after it was issued may be referred
				by the department for collection of the debt.
AUTH:
					 69-4-522,
					 MCA; IMP:
					 69-4-522,
					 69-4-529,
					 69-4-530,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.10 - Underground Facility Protection Program › Rule 24.301.1007 - COLLECTION OF ANNUAL FEES

Current through Register Vol. 13, July 5, 2024
(1) To collect
				annual fees from underground facility owners, the department may, by contract
				or other agreement, have the call centers perform the annual billing
				.
(2) Any call center from which an
				underground facility owner has received locate requests may bill the
				underground facility owner.
(3)
				Underground facility owners shall pay the annual fees within 30 days of the
				date of the bill .
(4) The
				department may refer fees remaining unpaid for more than 90 days for collection
				.
(a) The department, in its sole discretion,
				may allow an underground facility owner billed an annual fee of less than $50
				to defer payment of the fee until the following year. During the deferral
				period, the department will not refer an underground facility owner having a
				deferred annual fee to collection .
(b) The department will not defer payment of
				annual fees more than once every two years for an underground facility
				owner.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.10 - Underground Facility Protection Program › Rule 24.301.1009 - DISPUTES REGARDING PENALTIES AND FINES - MEDIATION

Current through Register Vol. 13, July 5, 2024
(1) A party that timely disputes a civil
				penalty may, after first satisfying the mediation requirements of this rule,
				request a contested case with the department. The contested case must be held
				in accordance with the Montana Administrative Procedure Act and conducted by
				the department's Office of Administrative Hearings.
(2) The advisory council shall act as the
				mediator of disputed civil penalties and shall attempt to bring the parties to
				mutually acceptable resolution of the dispute.
(3) Mediation is a private, mandatory,
				informal, and nonbinding proceeding. Statements made during the mediation
				process, and the recommendations of the mediator, are not admissible in any
				other proceeding, and may not be offered in evidence in any other
				proceeding.
(4) The department
				shall promptly notify the advisory council of disputes arising under
				69-4-524
				or
				69-4-525,
				MCA. The mediation must be conducted within 45 days of council
				notification.
(5) Mediation may be
				conducted by a majority of the advisory council, or the council chair may
				delegate the duty to a subset of the council .
(6) Mediation is conducted by telephone,
				unless the parties and the mediator agree to in-person mediation, and the
				parties waive the 45-day requirement.
(7) The department shall issue a written
				report of the council's recommendation to the parties within 15 days of the
				mediation.
(8) If the parties agree
				to a resolution of their dispute during mediation or within 20 days after the
				report is sent to the parties, the department shall notify the advisory council
				that the matter has been resolved.
(9) If the party disputing the civil penalty
				does not agree to resolve the matter, the party must request a contested case
				with the department within 20 days of the issuance of the mediation report
				.
(10) An underground facility
				owner that received a fine may contest the fine by requesting a contested case
				hearing with the department within 20 days of the fine being levied.
(11) Failure of a party to timely request a
				contested case with the department acts as waiver of the right to a contested
				case.
(12) Mediation conducted
				under this rule may be guided by, but is not bound by, the mediation procedures
				and rules applicable to workers' compensation matters, pursuant to Title 39,
				chapter 71, part 24, MCA, and ARM Title 24, chapter 28.
AUTH:
					 69-4-522,
					 MCA IMP:
					 69-4-522,
					 69-4-526,
					 69-4-529,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.10 - Underground Facility Protection Program › Rule 24.301.1011 - TRAINING AND EDUCATIONAL GRANTS

Current through Register Vol. 13, July 5, 2024
(1) A call
				center that has received locate requests during the prior calendar year may
				apply for a training and educational grant.
(2) A grant application must be in writing,
				and:
(a) must address the following topics:
(i) the name of applicant;
(ii) the number of locate requests received
				by the applicant in the prior calendar year;
(iii) a description of each specific
				educational or training program that the applicant proposes to conduct;
(iv) the estimated cost or budget
				for each program identified in (iii); and
(v) a description of the audience each
				proposed program plans to target; and
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.10 - Underground Facility Protection Program › Rule 24.301.1012 - REPORTS BY GRANT RECIPIENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				department will provide each grant recipient a report form, which may be
				electronic, upon which the grant recipient shall report:
(a) the amount of the actual expenditures of
				the grant funds;
(b) the details of
				what expenditures were made, such as the number of signs printed, the number of
				public service announcements produced, or the type and number of advertisements
				purchased; and
(c) the perceived
				effectiveness of the materials or projects funded via the grant.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.320 - CARBON MONOXIDE DETECTOR STANDARD - AS REQUIRED BY THE LANDLORD TENANT ACT › Subchapter 24.320.3 - Carbon Monoxide Detector Standard - As Required by the Landlord Tenant Act › Rule 24.320.301 - CARBON MONOXIDE DETECTOR STANDARD

Current through Register Vol. 13, July 5, 2024
(1) The department provides the following
				standard for the location, number, and type of approved carbon monoxide
				detectors required to be installed in dwelling units as provided by
				70-20-113
				and
				70-24-303,
				MCA, of the Landlord Tenant Act:
(a) In
				dwelling units containing fuel-fired appliances or having attached garages, a
				carbon monoxide detector must be installed outside of each separate sleeping
				area in the immediate vicinity of the bedrooms.
(b) Single station carbon monoxide detectors
				must comply with Underwriters Laboratory (UL) 2034 and be installed in
				accordance with the manufacturers' installation instructions.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.321 - WILDLAND URBAN INTERFACE FIRE MITIGATION › Subchapter 24.321.3 - Wildland Urban Interface Fire Mitigation › Rule 24.321.301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) As used in this subchapter, the following
				definitions apply:
(a) "Accessory structure"
				means a building or structure utilized for sheltering equipment or materials,
				or for other uninhabitable occupancy purposes.
(b) "Approved" means acceptable to the code
				official or authority having jurisdiction.
(c) "Department" means the Department of
				Labor and Industry.
(d)
				"Fire-resistance-rated construction" means the use of methods, materials, and
				systems in the construction of a structure to provide against the spread of
				fire within a structure and to or from a structure to the outside
				environment.
(e)
				"Ignition-resistant building material" means a type of building material that
				resists ignition or sustained flaming combustion.
(f) "International Building Code" means the
				International Building Code (IBC), adopted by ARM
				24.301.131.
(g) "International Residential Code" means
				the International Residential Code (IRC) adopted by ARM
				24.301.154.
(h) "Noncombustible" means a material that is
				either a material of which no portion will ignite and burn when fire is applied
				to it, or a material that has a structural base of noncombustible material with
				surface materials not in excess of 1/8 inch in thickness, which has a flame
				spread index of 50 or less.
(i) Any material
				conforming to ASTM 136 shall be considered noncombustible.
(ii) "Flame spread index" refers to the index
				obtained from tests conducted in ASTM E 84 or UL 723.
(i) "Wildland-Urban Interface" (WUI), means
				the line, area, or zone where structures and other human development meet or
				intermingle with undeveloped wildland or vegetative fuels.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.321 - WILDLAND URBAN INTERFACE FIRE MITIGATION › Subchapter 24.321.3 - Wildland Urban Interface Fire Mitigation › Rule 24.321.302 - APPLICABILITY AND ENFORCEABILITY

Current through Register Vol. 13, July 5, 2024
(1) For the
				purposes of this subchapter and pursuant to
				50-60-901,
				MCA, the department provides the following construction techniques that may be
				used individually or in combination by a local government to mitigate
				identified fire hazards in areas designated by local government pursuant to
				76-3-504,
				MCA.
(2) Rules adopted under this
				subchapter may not be construed as part of the state building code provided in
				50-60-203,
				MCA, and may only be enforced as provided in Title 76, chapter 3, part
				5.
50-60-901,
					 MCA; IMP,
					 76-3-504,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.321 - WILDLAND URBAN INTERFACE FIRE MITIGATION › Subchapter 24.321.3 - Wildland Urban Interface Fire Mitigation › Rule 24.321.303 - PREMISES IDENTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The address
				of the building shall be plainly visible and legible from the building's
				primary access road adjacent to the property.
50-60-901,
					 MCA; IMP,
					 76-3-504,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.321 - WILDLAND URBAN INTERFACE FIRE MITIGATION › Subchapter 24.321.3 - Wildland Urban Interface Fire Mitigation › Rule 24.321.304 - SMOKE DETECTION

Current through Register Vol. 13, July 5, 2024
(1) All habitable
				structures shall have smoke alarms installed that meet or exceed the provisions
				for smoke detection and notification found in either the latest adopted edition
				of the IRC or the IBC, whichever applies to the type of structure.
50-60-901,
					 MCA; IMP,
					 76-3-504,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.321 - WILDLAND URBAN INTERFACE FIRE MITIGATION › Subchapter 24.321.3 - Wildland Urban Interface Fire Mitigation › Rule 24.321.305 - ROOF AREAS

Current through Register Vol. 13, July 5, 2024
(1) Roof coverings
				shall have at least a Class B roof assembly or an approved noncombustible roof
				covering. If the profile of the covering is such that a space is present
				between the covering and the roof decking, the space at the eave ends shall be
				fire-stopped to prevent the entry of flames or embers; or have one layer of
				72-pound mineral-surfaced, nonperforated cap sheet, complying with ASTM D 3909,
				and installed over the combustible decking.
(2) When roof valleys are present, valley
				flashing shall consist of not less than 0.019-inch (26-gauge galvanized sheet)
				corrosion-resistant metal installed over a minimum three-foot wide underlayment
				of one layer of 72-pound mineral-surfaced, nonperforated cap sheet, complying
				with ASTM D 3909, and installed over the entire running length of the
				valley.
(3) Eaves, soffits, and
				fascias that are combustible shall be enclosed with solid materials with a
				minimum thickness of 3/4 inch. Rafter tails shall not be left exposed, unless
				constructed of heavy timber materials.
(4) If a structure is not located in a
				designated WUI, the roof assemblies listed in this rule shall comply with the
				IRC.
50-60-901,
					 MCA; IMP,
					 76-3-504,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.321 - WILDLAND URBAN INTERFACE FIRE MITIGATION › Subchapter 24.321.3 - Wildland Urban Interface Fire Mitigation › Rule 24.321.306 - CHIMNEYS AND FLUES

Current through Register Vol. 13, July 5, 2024
(1) An approved
				spark arrester constructed of a minimum 12-gauge welded-wire or woven-wire
				mesh, with openings not exceeding 1/2 inch shall be installed on every
				fireplace and wood stove chimney and flue.
50-60-901,
					 MCA; IMP,
					 76-3-504,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.321 - WILDLAND URBAN INTERFACE FIRE MITIGATION › Subchapter 24.321.3 - Wildland Urban Interface Fire Mitigation › Rule 24.321.307 - GUTTERS AND DOWNSPOUTS

Current through Register Vol. 13, July 5, 2024
(1) Gutters and
				downspouts shall be constructed of noncombustible materials and shall prevent
				the accumulation of leaves and debris by an approved method.
(2) If a structure is not located in a
				designated WUI, this rule does not apply.
50-60-901,
					 MCA; IMP,
					 76-3-504,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.321 - WILDLAND URBAN INTERFACE FIRE MITIGATION › Subchapter 24.321.3 - Wildland Urban Interface Fire Mitigation › Rule 24.321.308 - EXTERIOR AREAS

Current through Register Vol. 13, July 5, 2024
(1) In structures
				where the window to exterior wall area exceeds 20 percent (i.e., more than 20
				percent of all exterior wall areas is comprised of exterior windows or window
				walls), the exterior windows, window walls, glazed doors, glazing within
				exterior doors, and skylights shall be tempered glass, multilayered glazed
				panels, glass block, or have a fire protection rating of not less than 20
				minutes.
(2) Exterior doors shall
				be of approved noncombustible construction and materials, solid core wood not
				less than 1 3/4 inches thick, or have a fire protection rating of not less than
				20 minutes. Vehicle access doors shall be constructed of ignition-resistant
				building materials.
(3) Exterior
				walls of buildings or structures shall extend from the top of the foundation to
				the underside of the roof sheathing and shall be constructed with one of the
				following methods:
(a) materials approved for
				a minimum of one-hour fire-resistance-rated construction on the exterior
				side;
(b) noncombustible
				materials;
(c) heavy timber or log
				wall construction;
(d) wood that is
				labeled for exterior use and is fire-retardant-treated on the exterior side;
				or
(e) materials that are
				ignition-resistant on the exterior side.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.321 - WILDLAND URBAN INTERFACE FIRE MITIGATION › Subchapter 24.321.3 - Wildland Urban Interface Fire Mitigation › Rule 24.321.309 - VENTS

Current through Register Vol. 13, July 5, 2024
(1) Ventilation openings in vertical exterior
				walls, attics, foundations, or underfloor areas shall not exceed 144 square
				inches each. Attic ventilation openings shall not be located in soffits, eave
				overhangs, between rafters at eaves, or other overhang areas.
(a) Gable end and dormer vents shall be
				located at least ten feet from property lines.
(b) Underfloor ventilation openings shall be
				located as close to grade as practical.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.321 - WILDLAND URBAN INTERFACE FIRE MITIGATION › Subchapter 24.321.3 - Wildland Urban Interface Fire Mitigation › Rule 24.321.310 - UNENCLOSED UNDERFLOOR AREAS

Current through Register Vol. 13, July 5, 2024
(1) All
				underfloor areas shall be enclosed to the ground in the same manner as required
				for exterior walls in ARM
				24.321.308, unless such unenclosed
				areas are protected with either one-hour fire-resistance-rated construction or
				heavy timber construction or fire-retardant-treated wood to the underside of
				all exposed floors and all exposed structural columns, beams, and supporting
				walls.
(2) If a structure is not
				located in a designated WUI, this rule does not apply.
50-60-901,
					 MCA; IMP,
					 76-3-504,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.321 - WILDLAND URBAN INTERFACE FIRE MITIGATION › Subchapter 24.321.3 - Wildland Urban Interface Fire Mitigation › Rule 24.321.311 - ACCESSORY STRUCTURES

Current through Register Vol. 13, July 5, 2024
(1) An accessory
				structure without a complete exterior wall system enclosing the area under the
				roof or above the floor that is attached to buildings with habitable spaces and
				projections (e.g., decks), shall be a minimum of one-hour fire-resistance-rated
				construction, heavy timber construction, or constructed of one of the
				following:
(a) noncombustible
				materials;
(b)
				fire-retardant-treated wood labeled for exterior use; or
(c) ignition-resistant building
				materials.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.321 - WILDLAND URBAN INTERFACE FIRE MITIGATION › Subchapter 24.321.3 - Wildland Urban Interface Fire Mitigation › Rule 24.321.312 - STORAGE TANKS

Current through Register Vol. 13, July 5, 2024
(1) Propane tanks
				and other flammable or combustible liquids storage shall be buried underground.
				If soil or subsoil conditions prohibit complete burial, then tanks shall be
				partially covered by at least one foot of earth, sand, or other noncombustible
				material.
(2) Other installation
				methods such as installation in vaults or other protective methods that comply
				with NFPA 30 and NFPA 58 standards may be used in lieu of burial.
(3) Structures not located in a designated
				WUI may have storage tanks installed above ground, so long as they conform to
				the NFPA 58 standard and be located at least 30 feet from any
				structure.
50-60-901,
					 MCA; IMP,
					 76-3-504,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.321 - WILDLAND URBAN INTERFACE FIRE MITIGATION › Subchapter 24.321.3 - Wildland Urban Interface Fire Mitigation › Rule 24.321.313 - WATER SOURCES - PRIVATE WELLS

Current through Register Vol. 13, July 5, 2024
(1) Structures
				served by a private well shall have the pump wired on a separate circuit or
				disconnect to allow the pump to remain energized if the main disconnect to the
				structure is disconnected or turned off.
50-60-901,
					 MCA; IMP,
					 50-60-902,
					 76-3-504,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.351 - BUILDING AND COMMERCIAL MEASUREMENTS BUREAU › Subchapter 24.351.1 - Definitions › Rule 24.351.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this chapter, the following definitions
				  apply:
(1) "Bureau" means the Building
				and Commercial Measurements Bureau of the Montana Department of Labor and
				Industry.
(2) "NIST" means the
				national institute of standards and technology of the United States department
				of commerce.
AUTH:
					 30-12-202, MCA; IMP:
					 30-12-202,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.351 - BUILDING AND COMMERCIAL MEASUREMENTS BUREAU › Subchapter 24.351.1 - Definitions › Rule 24.351.105 - ADOPTION OF STATE WEIGHTS AND MEASURES STANDARDS AND RECOMMENDATIONS

Current through Register Vol. 13, July 5, 2024
(1) Subject to the
				provisions of Title 32, chapter 12, part 2, and Title 82, chapter 15, part 1,
				MCA, the bureau adopts and incorporates by reference the following publications
				for weights and measures in Montana:
(a) NIST
				Handbook 44, 2023 edition: Specifications, Tolerances, and Other Technical
				Requirements for Weighing and Measuring Devices with the following
				modifications:
(i) Delete paragraph UR.3.3.
				Single-Draft Weighing found in section 2.20, Scales.
(ii) Delete paragraph UR.2.2. Ticket Printer,
				Customer Ticket found in section 3.31, Vehicle-Tank Meters.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.351 - BUILDING AND COMMERCIAL MEASUREMENTS BUREAU › Subchapter 24.351.2 - Weighing and Measuring Devices › Rule 24.351.201

Current through Register Vol. 13, July 5, 2024
AUTH:
					 30-12-202, MCA; IMP:
					 30-12-202,
					 30-12-205,
					 30-12-401,
					 30-12-406,
					 30-12-407,
					 30-12-408,
					 30-12-409,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.351 - BUILDING AND COMMERCIAL MEASUREMENTS BUREAU › Subchapter 24.351.2 - Weighing and Measuring Devices › Rule 24.351.203

Current through Register Vol. 13, July 5, 2024
AUTH:
					 30-12-202, MCA; IMP:
					 30-12-202,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.351 - BUILDING AND COMMERCIAL MEASUREMENTS BUREAU › Subchapter 24.351.2 - Weighing and Measuring Devices › Rule 24.351.204

Current through Register Vol. 13, July 5, 2024
AUTH:
					 30-12-202, MCA; IMP:
					 30-12-202,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.351 - BUILDING AND COMMERCIAL MEASUREMENTS BUREAU › Subchapter 24.351.2 - Weighing and Measuring Devices › Rule 24.351.207

Current through Register Vol. 13, July 5, 2024
AUTH:
					 30-12-107, MCA; IMP:
					 30-12-107,
					 37-12-306,
					 37-12-406,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.351 - BUILDING AND COMMERCIAL MEASUREMENTS BUREAU › Subchapter 24.351.2 - Weighing and Measuring Devices › Rule 24.351.211 - FEES FOR TESTING AND CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The following
				fees shall apply to the testing of all devices subject to these rules:
(a) PA Meters (20 GPM or less)
				$10.00
(b) PB Meters (20 GPM-130
				GPM) $30.00
(c) PC Meters (above
				130 GPM) $30.00
(d) PD Meters
				(Liquified Petroleum Gas) $50.00
(e) SA/S1 Scales (499 LB or less)
				$20.00
(f) SB/S2 Scales (500
				LB-1,999 LB) $30.00
(g) SC/S3
				Scales (2,000 LB-7,999 LB) $35.00
(h) SD/S4 Scales (8,000 LB-60,000 LB)
				$150.00
(i) SE/S5 Scales (60,000 LB
				or more) $150.00
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.351 - BUILDING AND COMMERCIAL MEASUREMENTS BUREAU › Subchapter 24.351.2 - Weighing and Measuring Devices › Rule 24.351.215 - LICENSE FEE SCHEDULE FOR WEIGHING AND MEASURING DEVICES

Current through Register Vol. 13, July 5, 2024
(1) Measuring
				device license fees are as follows:
(a) each
				volume measuring device with a listed maximum delivery rate of 20 or less
				gallons per minute (gpm) $21
(b)
				each volume measuring device with a maximum listed delivery rate of between 130
				gpm and 20 gpm 70
(c) each volume
				measuring device with a maximum listed delivery of over 130 gpm 83
(d) each liquefied petroleum gas (LPG) meter
				102
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.351 - BUILDING AND COMMERCIAL MEASUREMENTS BUREAU › Subchapter 24.351.2 - Weighing and Measuring Devices › Rule 24.351.221 - WEIGHING DEVICE LICENSE TRANSFER (REPEALED)

Current through Register Vol. 13, July 5, 2024
30-12-202,
					 MCA; IMP,
					 30-12-203,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.351 - BUILDING AND COMMERCIAL MEASUREMENTS BUREAU › Subchapter 24.351.2 - Weighing and Measuring Devices › Rule 24.351.224 - ACCESSIBILITY TO STOCK SCALES

Current through Register Vol. 13, July 5, 2024
(1) All
				permanently installed stock scales must be provided with a landing or access to
				the scale, having a width at least equal to the width of the scale platform and
				a length of at least five feet from the scale platform enclosure. The landing
				must be level with the deck of the scale platform and be constructed of
				concrete.
(2) A pathway must be
				provided to the scale access such that the test vehicle will not become mired
				down and such that the test vehicle can be parked in a relatively level
				position, both horizontally and vertically. The pathway is required to have a
				width of from ten to twelve feet and a height clearance of at least fourteen
				feet. This pathway must be continuous to the scale access concrete. All gates
				in the pathway must be in good working order.
(3) Portable livestock scales must be located
				on level ground and be provided with a temporary landing or access to the
				scale, having a width at least equal to the width of the scale platform, having
				a length of at least five feet from the scale platform enclosure, be level with
				the deck of the scale platform, and be constructed of materials sufficient to
				support a test vehicle.
30-12-202,
					 MCA; IMP,
					 30-12-203,
					 MCA;