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Page 1 of 16 DIVISION OF CRIMINAL INVESTIGATION 23.12.401 Subchapter 4 Fire Safety 23.12.401 DEFINITIONS Unless the context requires otherwise, the following definitions apply to the rules in ARM Title 23, chapter 12: "Building code" means the current version of the State Building Code adopted by the Department of Labor and Industry, Building Codes Bureau, including the International Building Code as amended by administrative rule. Copies of the building code may be obtained from the Building Codes Bureau of the Department of Labor and Industry, 301 South Park, Room 430, P.O. Box 200517, Helena, MT 59620-0517. "Building official" means the chief of the Building Codes Bureau of the Department of Labor and Industry, or when made applicable by statute or rule, the building official of the certified city, county, or town. "Certificate of approval" means a letter of approval issued by the Fire Prevention and Investigation Section (FPIS), or its representative. "Chief," "fire chief," "fire marshal," and "fire prevention engineer" 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. "Department" means the Department of Justice. "District," as used in 50-61-114, MCA, means a rural fire district established under Title 7, chapter 33, part 21, MCA. "Entity" means any business, partnership, sole proprietorship, organization, association, corporation, firm, governmental organization, fire agency or any other business association. “Explosive” means a chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. The term includes, but is not limited to, dynamite, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, igniters, and display fireworks. See 1.3G (Class B, Special), International Fire Code, 2009 edition. "Fire alarm system" means a system or portion of a combination system consisting of components and circuits arranged to monitor and annunciate the status of a fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals. This definition does not include single- and multiple-station smoke or heat alarms. (10) "Fire code" means the edition of the International Code Council, International Fire Code (IFC), 2009 edition, currently adopted by the FPIS, and any additions thereto currently adopted by the FPIS. (11) "Fire department" and "bureau of fire prevention" are 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 jurisdiction. (12) "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. ---PAGE BREAK--- Page 2 of 16 (13) "Fire extinguishing system" means a fire sprinkler system designed in accordance with nationally recognized standards that consists of an assembly of piping or conduits that conveys water, foam or air with or without other 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. (14) "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. (15) "Fire protection equipment" means the components of any fire alarm system, special agent fire suppression system, or fire extinguishing system. (16) "Fire service area" means a local government unit established and operated pursuant to Title 7, chapter 33, part 24, MCA. (17) "Fire sprinkler system" means a fire extinguishing system. (18) "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. (19) "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. (20) "Local authority" means a fire agency, law enforcement agency or other governmental agency having jurisdiction in a given location. (21) "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 Building Codes Bureau of the Department of Labor and Industry, 301 South Park, Room 430, P.O. Box 200517, Helena, MT 59620-0517. (22) "NICET" means National Institute for Certification in Engineering Technologies. (23) "Ordinance" means state law, city or county ordinance, or rule adopted by the FPIS. (24) "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. (25) "Service" means: 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; 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 ---PAGE BREAK--- Page 3 of 16 undependable, defective, or inoperative; and "Service" does not include resetting manual alarm systems which may be reset by properly trained building owners or their designated representative. (26) "Single family private house" means a dwelling unit as the term dwelling unit is defined by IFC section 202, no part of which is rented to another person. (27) "Special agent fire suppression system" means an approved system and components which require individual engineering in accordance with manufacturer specifications and includes dry chemical, carbon dioxide, halogenated, gaseous agent, foam, and wet chemical systems. The term includes a pre-engineered system but does not include a fire extinguishing system. (History: 50-3-102, MCA; IMP, 50-3-102, MCA; NEW, 1993 MAR p. 2953, Eff. 12/10/93; AMD, 1996 MAR p. 439, Eff. 2/9/96; AMD & TRANS, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 634, Eff. 3/26/04; AMD, 2005 MAR p. 260, Eff. 2/11/05; TRANS, from ARM 23.7.101A, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. Eff. 23.12.402 ENFORCEMENT OF FIRE PREVENTION AND INVESTIGATION SECTION RULES The FPIS shall administer and enforce in every area of the state of Montana all the provisions of the fire code and rules adopted pursuant thereto. The chief fire officials of each municipality, fire service area, or organized fire district shall have responsibility for enforcement of applicable fire codes within the limits of their jurisdiction, and shall assist the FPIS in the enforcement of laws and rules pertaining to fire safety in public buildings. Each local authority responsible for fire prevention inspections shall maintain reports of inspections performed. Fire prevention inspection reports shall be accessible to and provided to the FPIS when deemed necessary by the state fire marshal. Each official responsible for investigating fires shall file with the state fire marshal a fire incident report on each and every fire occurring within the official's jurisdiction. Fire incident reports must be submitted on forms downloaded from the National Fire Incident Reporting System (NFIRS) at www.nfirs.fema.gov. The state fire marshal may notify a fire department of incomplete or invalid reports for resubmission with complete information. (History: 50-3-102(2), MCA; IMP, 50-3-102, 50-61-102, 50-63-203(1), MCA; NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.102, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. Eff. 23.12.403 NOTICE OF VIOLATION Upon determination by an officer of the FPIS that any person or entity is in violation of any provision of the fire code or any rule adopted pursuant thereto, the FPIS shall serve upon the person or a designated representative of the entity a notice of violation, as provided in 50-61-115, MCA. Additionally, if the violation constitutes a fire hazard, the FPIS may proceed in accordance with 50-62-102 and 50-62-103, MCA. (History: 50-3-102(2), MCA; IMP, 50-3-102(4), 50-3-103, MCA; NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.103, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. Eff. 23.12.404 INTERPRETATION Interpretations of rules adopted by the FPIS ---PAGE BREAK--- Page 4 of 16 shall be made by the state fire marshal. (History: 50-3-102, MCA; IMP, 50-3-102, 50- 61-102, MCA; NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.104, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. Eff. 23.12.405 APPOINTMENT OF SPECIAL FIRE INSPECTORS Special fire inspectors may be appointed in accordance with this section. A special fire inspector may be appointed to conduct inspections and investigations when the services are deemed necessary by the Department of Justice. Qualifications for persons appointed special fire inspector are: Any person appointed special deputy state fire marshal, except for a qualified inspector employed by another state agency, must have a degree in fire protection engineering or related field from a recognized institution of higher education, two years' experience in fire protection, or be ICC Fire Inspector I or Fire Inspector II certified. An employee of another agency of the state of Montana may be appointed special fire inspector for the purpose of conducting inspections or investigations authorized by the FPIS, if such employee is qualified by the employing agency as an inspector or investigator and is approved to conduct inspections or investigations by the Department of Justice. A special fire inspector may perform any duty with which the FPIS is charged by state law or rule, subject to the direction of the state fire marshal. (History: 50-3- 106, MCA; IMP, 50-3-106, MCA; NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.106, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. Eff. 23.12.406 SMOKE DETECTORS IN RENTAL UNITS In accordance with the Residential Landlord and Tenant Act of 1977, an approved smoke detector shall be installed by the landlord in each dwelling unit rented to another person. An approved smoke detector is a device that is capable of detecting visible or invisible particles of combustion, that emits an alarm signal, and that bears a label or other identification issued by an approved testing agency which inspects materials and workmanship at the factory during fabrication and assembly. (History: 50-3-102, 70-24- 303, MCA; IMP, 50-3-102, 70-24-303, MCA; NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2005 MAR p. 260, Eff. 2/11/05; TRANS, from ARM 23.7.108, 2008 MAR p. 1467, Eff. 7/18/08.) 23.12.407 CERTIFICATE OF APPROVAL FOR DAY CARE CENTERS FOR 13 OR MORE CHILDREN Any applicant for a license from the Department of Public Health and Human Services to operate a day care center for 13 or more children under Title 52, chapter 2, MCA, must obtain a certificate of approval from the state fire marshal in accordance with this rule. To obtain a certificate of approval, the applicant shall contact the state fire marshal setting forth the following information: name and address of applicant; location of proposed day care center; and ---PAGE BREAK--- Page 5 of 16 number of children for which proposed day care center will provide care. Upon receipt of an application for certificate of approval, the fire marshal or a representative shall conduct an inspection of the proposed day care center. Day care centers shall comply with the fire code. Day care centers shall also comply with the following additional requirements: A single, fixed space heater (wood, coal or fuel oil) may be used, provided it is properly installed and surrounded by a suitable barrier to prevent contact by children and is so located as to not obstruct egress. Installation shall be in accordance with the Uniform Mechanical Code. Portable unvented oil-fueled heating appliances are prohibited. No extension cords shall be used in lieu of permanent wiring. All appliance and lamp cords shall be suitably protected to prevent pulling or chewing by children. All unused electrical receptacles shall be properly capped. Every closet door latch shall be fixed so that the door is capable of being opened by a child inside the closet. Every bathroom door lock shall be installed to permit the locked door to be opened from the outside. In sleeping rooms, windows having a minimum of 5.7 square feet of clear, unobstructed opening shall be readily accessible for rescue or fire suppression. Windows shall be capable of being opened from the inside without the use of tools or special knowledge. Clear opening shall not be less than 20 inches in width or 24 inches in height. The bottom of the window shall not be more than 44 inches from the floor. Every day care center shall provide operational smoke alarms or smoke detectors in locations designated by the FPIS or chief fire official. Smoke alarms shall be tested at least every 30 days and a log of such tests maintained on the premises. Smoke detectors connected to a fire alarm system shall be tested in accordance with the IFC. Portable fire extinguishers shall be installed and maintained in accordance with IFC Section 906. A telephone shall be provided for emergency notification. Emergency phone numbers shall be posted in close proximity to the telephone. House numbers, no less than 6 inches in height, shall be placed in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. Space under stairwells shall not be used for storage of any kind except as permitted by the IFC. If the proposed day care center is in compliance with these rules, the fire marshal shall issue a certificate of approval. If the center is not in compliance, the fire marshal shall issue a notice of corrective action needed to bring the center into compliance. Additional inspections may be conducted as needed until compliance is achieved. For the purposes of this rule, the definitions contained in 52-2-703, MCA, are applicable. Inspection of any day care facility shall be done upon receipt of a request from the Department of Public Health and Human Services or as a part of an inspection ---PAGE BREAK--- Page 6 of 16 performed by a fire department under other provisions of state law. Findings of any inspection conducted at the request of the Department of Public Health and Human Services shall be reported to that department. (History: 50-3-102, 52-2-734, MCA; IMP, 50-3-102, 52-2-733, 52-2-734, MCA; NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2005 MAR p. 260, Eff. 2/11/05; TRANS, from ARM 23.7.109, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. Eff. 23.12.408 CERTIFICATE OF APPROVAL FOR COMMUNITY HOMES This rule shall govern certification for fire and life safety of all community homes for the developmentally disabled, in accordance with 53-20-307, MCA, and of all community homes for persons with severe disabilities, in accordance with 52-4-204, MCA. All community homes must be certified annually for fire and life safety by the state fire marshal. Applicants for certification shall submit to the state fire marshal in writing the following information: name and address of applicant; location of proposed community home; and number of residents for which community home will provide care. Upon receipt of an application for certificate of approval, the fire marshal or a representative shall conduct an inspection of the community home, and shall thereafter issue findings indicating whether the fire code has been met. For purposes of determining compliance with the fire code, all community homes shall comply with the 2009 IFC as adopted, and with all other rules promulgated by the FPIS. If the proposed community home is in compliance with these rules, the fire marshal shall issue a certificate of approval. If the home is not in compliance, the fire marshal shall issue a notice of corrective action needed to bring the home into compliance. Additional inspections may be conducted as needed until compliance is achieved. The state fire marshal shall notify the Department of Public Health and Human Services when a community home has been certified. (History: 50-3-102, MCA; IMP, 53-20-307, 52-4-204, MCA; NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1992 MAR p. 2074, Eff. 8/14/92; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.110, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. Eff. 23.12.409 THREAT OF EXPLOSIVES IN STATE BUILDINGS Each department director or official in charge shall assign one individual in each building housing members of the department whose responsibilities shall be to coordinate evacuation and to practice proper procedures involving a threat of explosive materials in the assigned building or building area. The designated individual shall have responsibility to ensure that appropriate fire and law enforcement authorities are notified of a threat of explosives. In the event a building houses more than one state department, each department shall designate a responsible individual. Where the threatened explosive ---PAGE BREAK--- Page 7 of 16 device is located in a particular department's area of the building, that department's designated individual shall be primarily responsible for evacuation and notification of proper authorities. (History: 50-3-102(1)(j), MCA; IMP, 50-3-102(1)(j), MCA; NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.112, 2008 MAR p. 1467, Eff. 7/18/08.) Rules 23.12.410 through 23.12.419 reserved 23.12.420 APPROVAL OF EQUIPMENT Fire protection equipment or component parts that actuate or control fire protection equipment, which are sold, leased, installed, or serviced under these provisions, must be labeled or listed in accordance with nationally recognized testing laboratories approved by the department. The minimum equipment on hand at each service location or in each mobile service vehicle for an entity engaged only in the business of servicing fire extinguishers must be in good working condition and must include: an adequate supply of extinguishing agents appropriate for the types of extinguishers the firm is requested to fill and facilities for proper storage of extinguishing agents set according to manufacturer specifications; commercial dry nitrogen supply (-60 degrees Fahrenheit, 51.1 degrees centigrade dew point or less) and pressure regulator with supply and regulated pressure gauges suitable for properly pressurizing fire extinguishers; equipment for leak testing pressurized extinguishers and/or system cylinders; adapters, fittings, tools and equipment required for properly servicing all fire extinguishers the entity solicits or accepts for service set according to specifications of the fire extinguisher manufacturer; closed recovery system(s) and storage to remove and store chemicals from fire extinguisher during servicing; inventory of spare parts; a copy of the most recently adopted edition of the fire code; and a supply of required service and test tags meeting the provisions of these rules. (History: 50-3-102, MCA; IMP, 50-3-102, MCA; NEW, Eff. 10/5/75; AMD, Eff. 12/4/76; AMD, 1983 MAR p. 15, Eff. 1/14/83; AMD, 1985 MAR p. 936, Eff. 7/12/85; AMD, 1993 MAR p. 2953, Eff. 12/10/93; AMD, 2005 MAR p. 260, Eff. 2/11/05; TRANS, from ARM 23.7.143, 2008 MAR p. 1467, Eff. 7/18/08.) Rules 23.12.421 through 23.12.429 reserved 23.12.430 SERVICE TAGS A service tag must be used to indicate when fire protection equipment is installed or when service is performed on fire protection equipment and the name of the endorsed person installing or servicing the equipment. A service tag shall be of a size and of a durable material approved by the department but not less than 4 1/2 inches by 2 1/2 inches. A service tag must bear the following information: imprinted name, address, telephone and license number of licensed entity; type of service performed; month and year of service; ---PAGE BREAK--- Page 8 of 16 name and endorsement number of registrant performing service. The registrant shall indicate the type of service performed and date of service by punching the appropriate section of the tag. The tag must bear dates for 1 to 3 years; and "DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL" in capital letters, at least 10-point boldface type. The registrant shall attach the service tag in a position so it can be conveniently inspected by an inspecting authority but does not hamper the operation of fire protection equipment. No person may remove a service tag except when further service is performed and a new tag is attached. No person may alter or deface a service tag attached to or required to be attached to fire protection equipment. Stored pressure extinguisher tags must follow the guidelines listed in the National Fire Protection Association (NFPA) 10, 2007 Edition and include the information listed in A blank tag shall be submitted for approval to the department at the time of application. (History: 50-3-102, MCA; IMP, 50-3-102, MCA; NEW, Eff. 10/5/75; AMD, Eff. 12/4/76; AMD, 1983 MAR p. 15, Eff. 1/14/83; AMD, 1985 MAR p. 936, Eff. 7/12/85; AMD, 1993 MAR p. 2953, Eff. 12/10/93; TRANS, from ARM 23.7.154, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. Eff. 23.12.431 RULES RELATING TO THE BUILDING CODE A notice of adoption or amendment by the department of a rule relating to building and equipment standards covered by the state or a municipal building code must be signed by the director of the Department of Commerce. Such rules "are effective upon approval of the Department of Commerce and filing with the Secretary of State." 50-3-103(2), MCA. (History: 2-4-201(2), 52-4-201(1), MCA; IMP, 50-3-103(2), 50-39-107, MCA; Eff. 12/31/72; AMD & TRANS, from ARM 23.2.111, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1993 MAR p. 2953, Eff. 12/10/93; TRANS, from ARM 23.7.160, 2008 MAR p. 1467, Eff. 7/18/08.) ---PAGE BREAK--- Page 9 of 16 DIVISION OF CRIMINAL INVESTIGATION 23.12.501 Subchapter 5 Fireworks 23.12.501 RETAIL FIREWORKS SALE remains the same. The retail sale of permissible fireworks may occur only from approved retail business establishments or approved fireworks stands as defined in ARM 23.12.401. Fireworks shall not be sold from or stored in any tent, canopy, or temporary membrane structure. Fireworks may be sold from a mobile trailer which is designed for the transportation of goods, or sold from a fireworks stand, but the public is not permitted inside any mobile structure for the purchase of fireworks. No person under the age of 18 shall be employed to sell or offer for sale permissible fireworks. No fireworks may be discharged within 100 feet of a fireworks stand. No smoking shall be allowed within the fireworks stand. At any place where permissible fireworks are sold or displayed, a sign reading "NO SMOKING" must be posted in letters at least four inches in height and one-half inch in stroke where customers are most likely to read it. Except as provided in (12), retail sale of fireworks shall be conducted from fireworks stands located at least 300 feet from a church or hospital, 50 feet from any flammable liquid dispensing device or installation, 50 feet from other inhabited areas, and 30 feet from any public roadway. There shall be 5 feet between stands, and 20 feet apart when stands are over 800 square feet aggregate. Parking of vehicles used to transport Class A or B explosives or flammable and combustible liquids is prohibited within 100 feet of a fireworks stand. Fireworks stands shall be equipped inside with at least one pressurized water extinguisher with a current tag and a minimum rating of 2A or one garden hose connected to and turned on to an available water supply. All weeds, dry grass, and combustible material shall be cleared for a minimum distance of 25 feet in all directions from a fireworks stand. (10) Electrical wiring shall be in a safe condition, and if found upon inspection to be unsafe shall be upgraded to comply with the applicable provisions of the National Electrical Code (NEC) currently adopted by the Building Codes Division of the Department of Labor and Industry. (11) Open flame devices of any kind are prohibited in or within 25 feet of any fireworks stand. (12) Retail sale of fireworks from occupancies other than those authorized by this rule is prohibited, except that fireworks may be sold out of an existing retail business establishment under the following conditions: The amount of fireworks on display in the customer service area contains an aggregate of no more than one pound of pyrotechnic composition; and Remaining quantities of fireworks are stored in a cabinet or room designed and constructed to restrict smoke travel that is separate from the customer service area, that has a self-closing door, and that conforms to one of the following: ---PAGE BREAK--- Page 10 of 16 It is constructed of material sufficient to achieve a one-hour fire resistant-rated barrier between the storage area and the customer service area. The fireworks must be stored in cabinets made of wood or equivalent material that is at least one inch thick, and each cabinet must contain no more than an aggregate of 5 pounds of pyrotechnic composition; (ii) It is protected by a fire suppression sprinkler system approved by the FPIS or by a fire marshal of the local jurisdiction; or (iii) The fireworks are contained in a cabinet with casters and constructed of wood at least one inch thick that is covered on all sides with 5/8-inch sheetrock. (13) All fireworks stands shall be subject to inspection by the chief, or the chief's representative, in accordance with 2009 IFC. Violations shall be handled in accordance with 50-61-115, MCA. If immediate action is necessary to safeguard life and property, the chief may issue an order to remedy in accordance with 50-62-102, MCA. (History: 50-3-102(3), MCA; IMP, 50-3-102(3), MCA; NEW, 1991 MAR p. 1283, Eff. 7/26/91; AMD, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.201, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. Eff. 23.12.502 FIREWORKS REPACKAGING, STORAGE, AND SHIPPING All buildings where fireworks are stored, opened for repacking, repackaged, or prepared for shipping shall conform to the provisions of the 2009 International Building Code and the 2009 IFC. Where those codes are silent, NFPA pamphlet 1124 (2006 edition) shall be applied. NFPA pamphlet 1124 (2006 edition), which is the code governing the manufacture, transportation, and storage of fireworks, and which can be found in the National Fire Code (NFC), is hereby incorporated by reference. Copies may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169. (History: 50-3-102(3), MCA; IMP, 50-3-102(3), MCA; NEW, 1991 MAR p. 1283, Eff. 7/26/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.202, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. Eff. 23.12.503 OUTDOOR DISPLAY OF FIREWORKS Unless prohibited by local ordinance, supervised public displays of fireworks shall be conducted in accordance with 50-37-107, MCA, and applicable local ordinances. Where no local ordinance is in effect, the governing body of the city, town, or county shall be notified at least 15 days in advance of any outdoor display. (History: 50-3-102(3), 50-37-107, 50- 37-108, MCA; IMP, 50-3-102(3), 50-37-107, MCA; NEW, 1991 MAR p. 1283, Eff. 7/26/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.203, 2008 MAR p. 1467, Eff. 7/18/08.) 23.12.504 GENERAL LIABILITY INSURANCE REQUIRED FOR PUBLIC DISPLAY OF FIREWORKS Any organization or group of individuals planning a public display of fireworks must provide proof to either the FPIS or the governing body of a city, town, or county, that the group has a general liability insurance policy in the amount of not less than $1,000,000 per occurrence. The proof of insurance must be provided with the application for permit ---PAGE BREAK--- Page 11 of 16 referenced in 50-37-107, MCA, no later than 15 days prior to any public display of fireworks. The general liability insurance policy must be valid at the time of the public display. The general liability insurance policy must cover payment of any liability, including personal and property damages, arising out of the public display of fireworks. Although the general liability insurance must meet the requirements of 50-37- 108, MCA, an insurance policy is permitted in lieu of a damage indemnity bond as damage indemnity bonds are no longer available for the public display of fireworks. Alternative methods of liability coverage may be approved if equivalent to the above-listed requirements. (History: 50-3-102, 50-3-103, MCA; IMP, 50-37-108, MCA; NEW, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.204, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. Eff. ---PAGE BREAK--- Page 12 of 16 DIVISION OF CRIMINAL INVESTIGATION 23.12.601 Subchapter 6 Uniform Fire Code 23.12.601 ADOPTION OF THE INTERNATIONAL FIRE CODE (2009 EDITION) The FPIS adopts and incorporates by reference the International Fire Code 2009 Edition (2009 IFC) with the additions and amendments enumerated in this subchapter. Copies of the 2009 IFC and related materials may be obtained from the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478- 5795. If there is any conflict between the IFC and the Montana Code Annotated, the provisions of the Montana Code Annotated control. This rule establishes a minimum fire protection code to be used in conjunction with the building code. Nothing in this rule prohibits any local government unit from adopting those portions of the IFC that are not adopted by the FPIS or standards which are more restrictive than the 2009 IFC. The building code adopted by the Building Codes Bureau of the Department of Labor and Industry controls design and construction in Montana. If there is any conflict between the construction standards in the IFC and construction standards set forth in the building code, the provisions of the building code control. This code shall apply to new construction as required in the building code and existing conditions. Existing buildings shall be maintained in accordance with the building code in effect at the time of construction. However, where existing conditions or buildings post an imminent hazard or risk to public health and safety and are not, therefore, within the purview of the building code, the FPIS may take corrective action pursuant to the provisions of 50-61-101, et seq., MCA, and 50-62-101, et seq., MCA. The following IFC sections are modified as shown: 104.2 Application and permits is not adopted. 105 Permits is not adopted. The Permit sections of the following chapters are not adopted: 3, 5, 6, 9, 11- 13, and 15-44. 108 Board of Appeals is not adopted. 113 Fees is not adopted. 202 General Definitions: GOVERNMENTAL FIRE AGENCIES. Any fire department organized under Montana law under the jurisdiction of a city, county, state, fire district, or fire service area. 308.1.6 Open-flame devices is adopted, but deleting "except by a permit in accordance with Section 105.6 secured from the fire code official." 308.2 Permits required - is not adopted. 603.4 Portable unvented heaters is adopted, but the "Exceptions" are not adopted. 603.4.1 Prohibited locations - is not adopted. 903.6 Existing buildings – is not adopted. 906.1 Portable fire extinguishers Exception - is not adopted ---PAGE BREAK--- Page 13 of 16 1008.1.9 Door operations. Adopted adding the sentence "Exit doors shall not be locked, chained, bolted, barred, latched, or otherwise rendered unusable. All locking devices shall be of an approved type." 2206.7.9 Vapor-recovery and vapor-processing systems - including all subsections, are not adopted. 2403.2 Approval required. Adopted, but deleting "a permit and." 3301.1.3 Fireworks - is not adopted. 3301.2.2 through 3301.2.4.2 are not adopted. 3306.5.2.3 Small arms primers - is not adopted. Insert "3306.6. The maximum quantities, storage conditions, and fire- protection requirements for gunpowder and ammunition stored in a building shall be as follows: Smokeless powder and small arms primers or percussion caps shall be in accordance with 50-61-120 and 50-61-121, MCA." 3308 Fireworks Display - is not adopted. See Title 50, chapter 37, MCA. 3406.1 General - In paragraph numbered 1. delete "farms and." 3406.2 Delete "farms and" from the heading, and "private use on farms and rural areas and" from the paragraph. 3406.2.5.1(2) is not adopted. Appendix B - Fire Flows - is adopted. Appendix C - Hydrants - is adopted Appendix D - Access Roads: Sections 101-105.3 - is adopted. Appendix I - Fire Protection Systems Non-Compliant Conditions - is adopted. (History: 50-3-102, MCA; IMP, 50-3-103, MCA; NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 634, Eff. 3/26/04; AMD, 2005 MAR p. 260, Eff. 2/11/05; TRANS, from ARM 23.7.301, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. Eff. 23.12.602 ADMINISTRATION (REPEALED) (History: 50-3-102, MCA; IMP, 50-3-103, MCA; NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 634, Eff. 3/26/04; AMD, 2005 MAR p. 260, Eff. 2/11/05; TRANS, from ARM 23.7.302, 2008 MAR p. 1467, Eff. 7/18/08; REP, 2010 MAR p. Eff. 23.12.603 ADDITIONAL DEFINITIONS IFC SECTION 302 DEFINITIONS is adopted with the following additions: "Farm" means a tract of land devoted to agricultural purposes; "Nationally recognized standards" as used in the IFC 2009 edition, includes, but is not limited to, any of the standards referenced in: NFPA; IFC 2009 edition; Underwriters Laboratories Inc. (UL); American Petroleum Institute (API); American Society for Testing and Materials (ASTM); and American National Standards Institute (ANSI). "Ranch" means a tract of land devoted to agricultural purposes; and "Rural area" means those areas located three miles or more beyond (outside) the corporate limits of a Class 1 or Class 2 city, as defined in 7-1-4111, MCA, and one and one-half miles or more beyond (outside) the corporate limits of a Class 3 city, as defined in 7-1-4111, MCA, when the Class 3 city's population is more than 1,500 ---PAGE BREAK--- Page 14 of 16 residents. In the case of any unincorporated place, city, community, or town, the unincorporated place, city, community, or town will be considered rural if it has a population of less than 1,500 and a density of less than 800 persons per square mile, according to the most recent U.S. census. (History: 50-3-102, 50-61-102, MCA; IMP, 50-3-102, 50-61-102, MCA; NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 634, Eff. 3/26/04; TRANS, from ARM 23.7.303, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. Eff. 23.12.604 GENERAL (REPEALED) (History: 50-3-102, MCA; IMP, 50-3-103, MCA; NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 634, Eff. 3/26/04; TRANS, from ARM 23.7.304, 2008 MAR p. 1467, Eff. 7/18/08; REP, 2010 MAR p. Eff. 23.12.605 PROCESSES Chapters 22, 33, and 34 of the IFC are adopted with the following exceptions and amendments: 2204.5 Fuel Dispensing in Rural Areas. For public automotive motor vehicle fuel-dispensing stations located in rural areas: 2204.5.1. General. When performed in the operation of a farm or ranch, or when approved by the chief, liquids used as fuels may be transferred from tank vehicles into the tanks of motor vehicles or special equipment, provided: 1. The tank vehicle's specific function is that of supplying fuel to motor vehicle fuel tanks; 2. The dispensing line does not exceed 50 feet (15,240 mm) in length; 3. The dispensing nozzle is an approved type; 4. The dispensing hose is properly placed on the approved reel or in a compartment provided before the tank vehicle is moved; 5. Signs prohibiting smoking or open flame within 25 feet (7620 mm) of a tank vehicle or the point of refueling are prominently posted on the tank vehicle; 6. Electrical devices and wiring in areas where fuel dispensing is conducted are in accordance with the Electrical Code; 7. Tank vehicle dispensing equipment is operated only by designated personnel who are trained to handle and dispense motor fuels; and 8. Provisions are made for controlling and mitigating unauthorized discharges. 2204.5.2. Motor Vehicle Fuel Dispensing Stations. Motor vehicle fuel dispensing stations are not permitted at bulk plants which are not located in a rural area with the following exceptions: Existing bulk plants which are not located in rural areas if the motor vehicle fuel-dispensing dispensers were installed prior to February 9, 1996, and if the dispensers are in compliance. (ii) Storage tanks which are located at bulk plants in rural areas and which are constructed and installed in compliance. 2204.5.3. Rural bulk plants. Bulk plants located inside the districts defined as "rural" are permitted to incorporate motor vehicle fuel-dispensing stations. The motor vehicle fuel-dispensing stations shall be separated by a fence or similar barrier from the area in which bulk operations are conducted. 2204.6 Rural Motor Vehicle Fuel-Dispensing Stations. ---PAGE BREAK--- Page 15 of 16 2204.6.1 Plans submittal. Plans shall be submitted in accordance with these rules for public automotive motor vehicle fuel-dispensing stations located in rural areas. 2204.6.2 Plans and specifications submittal. Plans and specifications shall be submitted for review and approval prior to the installation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area. A site plan shall be submitted which illustrates the location of flammable liquid, LP-gas, or CNG storage vessels, and their spatial relation to each other, property lines, and building openings. Both aboveground and underground storage vessels shall be shown on plans. For each type of station, plans and specifications shall include, but not be limited to, the following: 1. Plans, blueprints, or drawings for the renovation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area that utilizes aboveground storage of flammable or combustible liquids, or both, must be submitted to the FPIS by registered receipt mail for approval before beginning construction. The FPIS shall approve or deny the plans within 50 calendar days or they are automatically considered approved. 2204.6.3 Plan approval. Prior to the proposed renovation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area, an applicant shall obtain a letter of approval from the local fire official responsible for fire protection. This letter and two sets of plans, blueprints, or drawings shall be submitted to the FPIS for examination and approval. 2204.7 Locations of aboveground tanks. Aboveground storage tanks are not prohibited on farms and ranches. EXCEPTION: Pursuant to 50-3-103(6), MCA, there are no requirements regarding diked areas or heat-actuated or other shut-off devices for storage tanks containing Class I or Class II liquids intended only for private use. 2204.7.1 Disposal of Tanks. Tanks shall be disposed of in accordance with the following: 1. Underground tanks shall be disposed of in accordance with American Petroleum Institute (API) 1604, Third Edition, March 1996, and the Department of Environmental Quality's underground storage tank requirements; 2. All "unlisted" aboveground tanks which are no longer fit for continued service or which cannot be internally lined in accordance with nationally-recognized standards, shall be disposed of in accordance with API 2202, Third Edition, January 1991; and 3. API documents can be obtained from the American Petroleum Institute, 1220 Street, N.W., Washington, D.C. 20005. 2206.2.1.1 Inventory Control is amended by adding the following exceptions to the existing section: EXCEPTION: Other leak detection methods as approved by the Montana Department of Environmental Quality UST program are acceptable; and Unsupervised Dispensing requires a sign to provide an "EMERGENCY" telephone number. 3306.6 Hazardous Materials. The maximum quantities, storage conditions, and fire-protection requirements for gunpowder and ammunition stored in a building shall be as follows: 1. Smokeless powder shall be stored in accordance with 50-61-120 and 50-61- 121, MCA. 2. Small arms primers or percussion caps shall be stored in accordance with 50- ---PAGE BREAK--- Page 16 of 16 61-120 and 50-61-121, MCA. (History: 50-3-102, MCA; IMP, 50-3-102, 50-3-103, MCA; NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 728, Eff. 3/26/04; TRANS, from ARM 23.7.306, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. Eff. 23.12.606 HAZARDOUS MATERIALS (REPEALED) (History: 50-3-102, MCA; IMP, 50-3-102, MCA; NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 364, Eff. 3/26/04; TRANS, from ARM 23.7.308, 2008 MAR p. 1467, Eff. 7/18/08; REP, 2010 MAR p. Eff.