HOUSE BILL NO. 63

INTRODUCED BY B. SIMON

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 SECTIONS 50-60-203, 50-60-504, 50-60-603, 50-60-702, AND 50-74-101, 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; and

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

(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."

Section 2. Section 50-60-504, MCA, is amended to read:

"50-60-504. Department to adopt published code. The department of commerce shall adopt the 1997 edition of the Uniform Plumbing Code, published by the international association of plumbing and mechanical officials, or, within 6 months of the publishing date, the most recent edition of the same code, as the basis for rules that are effective for all plumbing installations or maintenance, except when exempt by 50-60-503. The department may not adopt any portion of the Uniform Plumbing Code that prescribes a cost or fee schedule. Costs and fees associated with the application and enforcement of the plumbing code are governed by 50-60-508."

Section 3. Section 50-60-603, MCA, is amended to read:

"50-60-603. Electrical installations to comply with published code. The department of commerce shall adopt the 1996 edition of the National Electrical Code, published by the national fire protection association, or, within 6 months of the publishing date, the most recent edition of the same code, as the basis for rules that are effective for all installations in this state of wires and equipment to convey electric current and installations of apparatus to be operated by current, except as provided in 50-60-602 .

"

Section 4. Section 50-60-702, MCA, is amended to read:

"50-60-702. Department to adopt inspection standards -- certification of inspectors. (1) The department shall adopt the Safety Code for Elevators and Escalators, A17.1-1996 edition and A17.1a-1997 addenda, published by the American society of mechanical engineers, or, within 6 months of the publishing date, the most recent edition of or addenda to the same code, as the basis for standards for passenger elevator and escalator inspections that 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."

Section 5. Section 50-74-101, MCA, is amended to read:

"50-74-101. Definition -- department to formulate rules. (1) As used in this chapter, the term "department" means the department of commerce.

(2) The department shall adopt the 1995 edition of the Boiler and Pressure Vessel Code, published by the American society of mechanical engineers, or, within 6 months of the publishing date, the most recent edition of the same code, as the basis for definitions and rules for the safe construction, installation, operation, inspection, and repair of equipment covered by this chapter. "

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