HOUSE BILL NO. 63

INTRODUCED BY SIMON B

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE DEPARTMENT OF COMMERCE TO ADOPT THE MOST RECENT PUBLISHED EDITION OF CERTAIN NATIONALLY RECOGNIZED BUILDING CODES; PROHIBITING THE ADOPTION OF COST AND FEE SCHEDULES CONTAINED IN THE CODES; REQUIRING THE DEPARTMENT TO ADOPT THE UPDATED VERSION OF EACH CODE WITHIN 6 MONTHS OF ITS PUBLISHING DATE; AND AMENDING SECTION 50-60-203, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 50-60-203, MCA, is amended to read:

"50-60-203. Department to adopt published building codes -- rules -- fees excepted. (1) (a) The department shall adopt rules based on the building codes listed in subsection (2)(b) relating to the construction of, the installation of equipment in, and standards for materials to be used in all buildings or classes of buildings, including provisions dealing with safety, accessibility to persons with disabilities, sanitation, and conservation of energy. The adoption, amendment, or repeal of a rule is of significant public interest for purposes of 2-3-103.

(b) Rules concerning the conservation of energy must conform to the policy established in 50-60-801 and to relevant policies developed under the provisions of Title 90, chapter 4, part 10.

(2) (a) Except as provided in subsection (2)(c), the department shall adopt the nationally recognized building codes listed in subsection (2)(b) in whole or in part and may adopt rules more stringent than those contained in the codes listed in subsection (2)(b).

(b) The following codes are adopted by the department:

(i) Uniform Building Code, 1997 edition, published by the international conference of building officials;

(ii) Uniform Code for Building Conservation, 1997 edition, published by the international conference of building officials;

(iii) Model Energy Code, 1993 edition, published by the council of American building officials;

(iv) One and Two Family Dwelling Code, 1995 edition, published by the council of American building officials;

(v) Uniform Housing Code, 1997 edition, published by the international conference of building officials;

(vi) Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, published by the international conference of building officials;

(vii) Uniform Mechanical Code, 1997, published by the international conference of building officials;

(viii) Uniform Plumbing Code, 1997, published by the international association of plumbing and mechanical officials;

(ix) National Electrical Code, 1996 edition, published by the national fire protection association;

(x) Safety Code for Elevators and Escalators, A17.1-1996 edition and A17.1a-1997 addenda, published by the American society of mechanical engineers; and

(xi) Boiler and Pressure Vessel Code, 1995 edition, published by the American society of mechanical engineers.

(c) The department may not adopt that portion of any of the codes listed in subsection (2)(b) that prescribes a cost or fee schedule. Costs and fees associated with the application and enforcement of building codes are governed by 50-60-104.

(d) The department shall adopt, within 6 months of the publishing date, the most recent published edition of a code listed in subsection (2)(b).

(3) The codes and rules, when adopted as provided in parts 1 through 4, constitute the "state building code" and are acceptable for the buildings to which they are applicable.

(4) The department shall adopt rules that permit the installation of below-grade liquefied petroleum gas-burning appliances."

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