50-60-102. Applicability. (1) Except as provided in subsection (5), state building codes do not apply to:
     (a) residential buildings containing less than five dwelling units or their attached-to structures, any farm or ranch building, and any private garage or private storage structure used only for the owner's own use, located within the municipality's or county's jurisdictional area, unless the local legislative body or board of county commissioners by ordinance or resolution makes the state building code applicable to these structures;
     (b) mines and buildings on mine property regulated under Title 82, chapter 4, and subject to inspection under the Federal Mine Safety and Health Act; or
     (c) petroleum refineries, except a structure classified under chapter 7, section 701, group B, division 2, and chapter 9, section 901, group H, outside of process units, of the 1991 edition of the Uniform Building Code.
     (2) Except as provided in subsection (5), the state may not enforce the state building code under 50-60-205 for the buildings referred to in subsection (1). Local governments that have made the state building codes applicable to the buildings referred to in subsection (1) may enforce within their jurisdictional areas the state building code as adopted by the respective local government.
     (3) When good and sufficient cause exists, a written request for limitation of the state building code may be filed with the department for filing as a permanent record.
     (4) The department may limit the application of any rule or portion of the state building code to include or exclude:
     (a) specified classes or types of buildings according to use or other distinctions as may make differentiation or separate classification or regulation necessary, proper, or desirable;
     (b) specified areas of the state based upon size, population density, special conditions prevailing in the area, or other factors that make differentiation or separate classification or regulation necessary, proper, or desirable.
     (5) (a) For purposes of promoting the energy efficiency of home design and operation, the provisions of the state building code relating to energy conservation adopted pursuant to 50-60-203(1) apply to residential buildings, except:
     (i) farm and ranch buildings; and
     (ii) any private garage or private storage structure attached to a residential building and used only for the owner's own use.
     (b) The provisions of the state building code relating to energy conservation in residential buildings are enforceable:
     (i) by the department only for those residential buildings containing five or more dwelling units or otherwise subject to the state building code; and
     (ii) through the builder self-certification program provided for in 50-60-802 for those residential buildings containing less than five dwelling units and not otherwise subject to the state building code.

     History: En. Sec. 4, Ch. 366, L. 1969; amd. Sec. 2, Ch. 226, L. 1974; R.C.M. 1947, 69-2107; amd. Sec. 2, Ch. 555, L. 1981; amd. Sec. 1, Ch. 194, L. 1987; amd. Sec. 60, Ch. 83, L. 1989; amd. Sec. 2, Ch. 383, L. 1993; amd. Sec. 1, Ch. 444, L. 1993.