Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.2 - Local Government Enforcement › Rule 24.301.212 - CODE INTERPRETATIONS

Current through Register Vol. 13, July 5, 2024
(1) Code
				interpretations concerning any of the state building-related codes enforced by
				cities, counties or towns (building, plumbing, mechanical and electrical) may
				be requested by an affected party (building official, contractor, designer,
				owner, etc.) , in writing, on forms provided by the department. The affected
				party must first show a need for a code interpretation because of differing or
				inconsistent interpretations of the code provision at issue between city,
				county, or town building officials or between city, county, or town building
				officials and the department. The department will research and investigate the
				question and will prepare a preliminary written response, which includes the
				department's preliminary interpretation and justification of the question as
				soon as possible.
(2) The
				preliminary interpretation and justification of the question will be
				distributed to the requestor, the Building Codes Council and to all city,
				county, or town code enforcement programs, currently certified for enforcement
				of the applicable code concerning the question, for their review and comment.
				Comments and suggested amendments concerning the question must be returned to
				the department within 30 days of the date of the distribution of the
				preliminary interpretation and justification of the question.
(3) The department will consider all comments
				and suggested amendments received during the 30-day comment period and prepare
				a proposed interpretation and justification of the question to be distributed,
				along with a ballot, to all building officials of city, county, and town code
				enforcement programs, currently certified for enforcement of the applicable
				code concerning the questions. The ballot will be to "concur" or to "not
				concur" with the proposed interpretation and the ballot must be signed and
				dated by each voting building official and returned to the department within 15
				days of the date of distribution of the proposed interpretation.
(4) The ballots will be counted by the
				department and the proposed code interpretation will become final and binding
				on all city, county, and town code enforcement programs and the department if a
				simple majority of voting building officials "concur". If the voting on the
				proposed code interpretation is tied, the department shall be entitled to break
				the tie vote. If a simple majority of voting building officials vote "do not
				concur", the proposed code interpretation will become a technical code
				advisory, as established in ARM 24.301.213 and is not binding on local code
				enforcement programs.
(5) Code
				interpretations, which receive a "concur" status as established in (4), shall
				be dated, chronologically numbered, placed in the department's central
				registry, and distributed to the requestor, Building Codes Council, and all
				city, county, and town code enforcement programs, which are then certified for
				building code enforcement.
AUTH:
					 50-60-203,
					 MCA IMP:
					 50-60-103,
					 50-60-117,
					 MCA.