Senate Bill No. 347
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act requiring that plans for construction or alteration of certain buildings include life safety information related to passenger elevators; allowing fire inspectors to inspect passenger elevators and report fire safety violations; requiring state or local fire safety officials to certify prior to the completion of a passenger elevator inspection by the department of commerce that the passenger elevator does not constitute a fire hazard and will not be declared a public nuisance; and amending sections 50-60-702, 50-61-112, 50-61-114, 50-61-115, and 50-62-102, MCA."
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 50-60-702, MCA, is amended to read:
"50-60-702. Department to adopt inspection standards -- certification of inspectors -- certification from fire safety
official. (1) The department shall adopt standards for passenger elevator and escalator inspections that assure ensure
compliance with the requirements of the state building code.
(2) The department shall adopt rules for the certification of maintenance and insurance company inspectors who may inspect passenger elevators and escalators pursuant to 50-60-701.
(3) The department may not complete an inspection of a passenger elevator or issue any type of certificate of compliance with the state building code for a passenger elevator unless the department has obtained a written statement from an officer of the state fire prevention and investigation program of the department of justice or the chief of the fire department of a municipality or a district where a fire department has been established that certifies that the passenger elevator does not constitute a fire hazard and will not be declared a public nuisance when fully installed and operational."
Section 2. Section 50-61-112, MCA, is amended to read:
"50-61-112. Prior approval required for construction or alteration of educational and institutional occupancies. (1)
Within an incorporated municipality, an educational or institutional occupancy building, whether public or private, may not
be constructed or have alterations made costing $1,500 or more until sketches or architectural plans for the construction or
alteration, whichever are available, are submitted to and approved by the state fire prevention and investigation program of
the department of justice.
(2) Outside an incorporated municipality, an assembly, educational, or institutional occupancy building may not be
constructed or have alterations made costing $1,500 or more until a permit has been issued for the construction or alteration
by the county commissioners. A fee of $10 must be paid to the county treasurer for each permit. A copy of the permit must
be furnished to the department of revenue. A permit may not be issued until sketches or architectural plans for the
construction or alteration, whichever are available, are submitted to and approved by the state fire prevention and
investigation program of the department of justice. The state fire prevention and investigation program of the department of
justice and county sheriffs are responsible for enforcing the provisions of this subsection.
(3) For the purposes of 50-61-113 and this section, the construction or alterations plans must include a detailed description of the life safety functions and operations of any passenger elevator that is included in the plans."
Section 3. Section 50-61-114, MCA, is amended to read:
"50-61-114. Fire chief and fire inspector to make inspections. The chief of the fire department of each municipality, district, or fire service area, when a fire inspection program is established, or a fire inspector of the department of justice, when a fire inspection program does not exist, for the purpose of examining the premises for violations of this chapter and rules adopted under 50-3-103 for the enforcement of this chapter:
(1) shall enter into school buildings at least once each 12 months; and
(2) may enter into all other buildings and upon all other premises within the jurisdiction, according to priority schedules established by the department for conducting inspections of buildings and premises; and
(3) may inspect any passenger elevator in a building for compliance with the life safety requirements established by the local fire chief or incorporated fire safety rules promulgated by the department of justice in accordance with the provisions of 50-61-102."
Section 4. Section 50-61-115, MCA, is amended to read:
"50-61-115. Notice of violations. (1) When a building or a passenger elevator on the premises of a building is found that is not in compliance with fire safety rules promulgated by the department of justice, the person making the inspection or the department shall serve a written notice upon the party whose duty it is to maintain the safety of the building.
(2) The notice must specify the time within which the defective conditions must be remedied, which may not be more than 90 days.
(3) The notice is served if delivered to the person to be notified, if left with any adult person at the usual residence or place of business of the person to be notified, or if deposited in the post office directed to the last-known address of the person to be notified. Whenever buildings are managed and controlled by a board of trustees, board of commissioners, or other governing body, the notice is served if delivered to the president, secretary, or treasurer of the board of trustees, board of commissioners, or other governing body."
Section 5. Section 50-62-102, MCA, is amended to read:
"50-62-102. Structures or conditions creating fire hazard a public nuisance -- order to remedy -- response to elevator safety inquiry. (1) If any building or other structure that for want of proper repair; by reason of age, dilapidated condition, defective or poorly installed wiring and equipment, defective chimneys, defective gas connections, defective heating apparatus, or the existence of any combustible materials, flammable conditions, or other fire hazards; or for any other cause or reason is especially liable to fire and is dangerous to the safety of the building premises or to the public or is so situated as to endanger other buildings and property in the vicinity, the state fire prevention and investigation program of the department of justice or other officer may declare the building or other structure to be a public nuisance and proceed according to 50-62-103 or subsection (2) of this section.
(2) If the state fire prevention and investigation program, an officer of the program, or an officer mentioned in 50-62-101 determines that a building or other structure constitutes a public nuisance for any reason identified in subsection (1), the department or other officer shall order the hazardous condition or material to be removed or remedied. The order must be in writing and directed generally to the owner, lessee, agent, or occupant of the building or structure.
(3) If the hazardous condition or material can be removed or remedied within a period of 24 hours, the order must contain notice that the condition or material must be remedied or removed. The owner, lessee, agent, or occupant upon whom the notice is served who fails to comply with the notice is liable for any expenses incurred in the removal or remedying of the hazardous condition or material by the fire prevention and investigation program or other officer mentioned in 50-62-101.
(4) (a) An officer of the state fire prevention and investigation program of the department of justice or the chief of the fire department of a municipality or a district where a fire department is established shall respond either negatively or affirmatively in writing to a request from the department of commerce pursuant to 50-60-702 for certification that the passenger elevator does not constitute a fire hazard and will not be declared a public nuisance in accordance with the provisions of this section after the department's inspection has been completed.
(b) The written response required in subsection (4)(a) must be mailed or otherwise delivered within 10 days of receipt of the request from the department of commerce."
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