AN ACT CLARIFYING THE ENFORCEMENT OF LAWS AND RULES PERTAINING TO MEDICAL GAS PIPING; REQUIRING THE DEPARTMENT OF COMMERCE TO ADOPT CERTAIN PROVISIONS OF A NATIONAL FIRE PROTECTION ASSOCIATION CODE; MANDATING THAT STATE AND LOCAL COMPLIANCE OFFICERS REQUEST PROOF OF ENDORSEMENT FOR PERSONS PERFORMING MEDICAL GAS PIPING SYSTEM WORK AT A JOB SITE; AMENDING SECTION 50-60-203, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

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 state building code by rule. (1) (a) The department shall adopt rules 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) The department may adopt by reference nationally recognized building codes in whole or in part and may adopt rules more stringent than those contained in national codes.

(3) The 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.

(5) (a) The department shall, by rule, adopt by reference the most recently published edition of the national fire protection association's publication NFPA 99C for the installation of medical gas piping systems. The department may, by rule, issue plumbing permits for medical gas piping systems and require inspections of medical gas piping systems.

(b) A state or local government building code compliance officer shall, as part of any inspection, request proof of a medical gas piping installation endorsement from any person who is required to hold an endorsement or who, in the inspector's judgment, appears to be involved with onsite medical gas piping activity. The inspector shall report any instance of endorsement violation to the inspector's employing agency, and the employing agency shall report the violation to the board of plumbers."

Section 2. Proof of endorsement. (1) A state or local government plumbing code compliance inspector shall, as part of any inspection, request proof of medical gas piping installation endorsement from any person who is required to hold an endorsement under 37-69-402 or who, in the inspector's judgment, appears to be involved with onsite medical gas piping activity. The inspector shall report any instance of endorsement violation to the inspector's employing agency, and the employing agency shall report the violation to the board.

(2) An employee of a private or public employment agency or labor union, a person who is professionally responsible for a job site, or a person who holds a medical gas piping installation endorsement under Title 37, chapter 69, has the right to ask a person doing work on the job site that requires an endorsement to provide proof of endorsement. If the person performing the work is unable to furnish proof of endorsement, the requesting person may report that fact to the board or the department.

Section 3. Codification instruction. [Section 2] is intended to be codified as an integral part of Title 37, chapter 69, part 4, and the provisions of Title 37, chapter 69, part 4, apply to [section 2].

Section 4. Effective date. [This act] is effective on passage and approval.

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I hereby certify that the within bill,

HB 0641, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 641

INTRODUCED BY C. SQUIRES

BY REQUEST OF THE HOUSE BUSINESS AND LABOR STANDING COMMITTEE

AN ACT CLARIFYING THE ENFORCEMENT OF LAWS AND RULES PERTAINING TO MEDICAL GAS PIPING; REQUIRING THE DEPARTMENT OF COMMERCE TO ADOPT CERTAIN PROVISIONS OF A NATIONAL FIRE PROTECTION ASSOCIATION CODE; MANDATING THAT STATE AND LOCAL COMPLIANCE OFFICERS REQUEST PROOF OF ENDORSEMENT FOR PERSONS PERFORMING MEDICAL GAS PIPING SYSTEM WORK AT A JOB SITE; AMENDING SECTION 50-60-203, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.