_________ Bill No. _______

Introduced By _______________________________________________________________________________

By Request of the Department of Commerce

A Bill for an Act entitled: "An Act amending laws relating to the state's building construction standards and the state's boiler and steam engine safety and inspection program; amending sections 50-60-101, 50-60-103, 50-60-108, 50-60-110, 50-60-201, 50-60-203, 50-60-206, 50-60-506, 50-60-512, 50-60-604, 50-60-605, 50-74-101, 50-74-103, 50-74-108, 50-74-202, 50-74-203, 50-74-205, 50-74-209, 50-74-217, and 50-74-219, MCA; repealing section 50-60-606, MCA; and providing an effective date."


A statement of intent is required for this bill because it grants the department of commerce authority to adopt administrative rules to implement the state's boiler and steam engine safety and inspection program.

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 50-60-101, MCA, is amended to read:

"50-60-101.   Definitions. As used in parts 1 through 4 and part 7 of this chapter, unless the context requires otherwise, the following definitions apply:

(1)  "Building" means a combination of any materials, whether mobile, portable, or fixed, to form a structure and the related facilities for the use or occupancy by persons or property. The word "building" shall must be construed as though followed by the words "or part or parts thereof of a building".

(2)  "Building regulations" means any law, rule, resolution, regulation, ordinance, or code, general or special, or compilation thereof enacted or adopted by the state or any municipality, including departments, boards, bureaus, commissions, or other agencies of the state or a municipality relating to the design, construction, reconstruction, alteration, conversion, repair, inspection, or use of buildings and installation of equipment in buildings. The term does not include zoning ordinances.

(3)  "Construction" means the original construction and equipment of buildings and requirements or standards relating to or affecting materials used, including provisions for safety and sanitary conditions.

(4)  "Department" means the department of commerce provided for in Title 2, chapter 15, part 18.

(5)  "Equipment" means plumbing, heating, electrical, ventilating, air conditioning, and refrigerating equipment, elevators, dumbwaiters, escalators, and other mechanical additions or installations.

(6) (a)  "Factory-built building" means a factory-assembled structure or structures equipped with the necessary service connections but not made so as to be readily movable as a unit or units and designed to be used with a permanent foundation. "Factory-built building"

(b) The term does not include manufactured housing constructed after June 15, 1976, under the HUD, National Mobile Home Construction and Safety Act of 1974.

(7) "Farm or ranch buildings" means buildings located on and used in conjunction with parcels of land upon which agricultural products are produced and marketed and that:

(a) total 160 or more contiguous acres under one ownership; or

(b) are classified as agricultural pursuant to 15-7-202.

(7)(8)  "Local building department" means the agency or agencies of any municipality charged with the administration, supervision, or enforcement of building regulations,; approval of plans,; inspection of buildings,; or the issuance of permits, licenses, certificates, and similar documents prescribed or required by state or local building regulations.

(8)(9)  "Local legislative body" means the council or commission charged with governing the municipality.

(9)(10)  "Municipality" means any incorporated city or town and its jurisdictional area as defined by in subsection (10) (11) of this section.

(10)(11) (a) "Municipal jurisdictional area" means the area within the limits of an incorporated municipality unless the area is extended at the written request of a municipality.

(b)  Upon request, the department may approve extension of the jurisdictional area to include:

(i)  all or part of the area within 4 1/2 miles of the corporate limits of a municipality;

(ii) all of any platted subdivision which that is partially within 4 1/2 miles of the corporate limits of a municipality; and

(iii) all or part of any zoning district adopted pursuant to Title 76, chapter 2, part 1 or 2, which that is partially within 4 1/2 miles of the corporate limits of a municipality.

(c)  Distances shall must be measured in a straight line in a horizontal plane.

(11)(12) "Owner" means the an owner or owners of the premises or lesser estate, a mortgagee or vendee in possession, an assignee of rents, a receiver, an executor, a trustee, a lessee, or other person, firm, or corporation in control of a building.

(12)(13) "Recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own mode of power or is mounted on or towed by another vehicle, including but not limited to a:

(a)  travel trailer;

(b)  camping trailer;

(c)  truck camper; or

(d)  motor home.

(13)(14) "State agency" means any state officer, department, board, bureau, commission, or other agency of this state.

(14)(15) "State building code" means the state building code provided for in 50-60-203 or any portion of the code of limited application and any of its modifications or amendments."

Section 2.  Section 50-60-103, MCA, is amended to read:

"50-60-103.   Administration by department. The department shall administer parts 1 through 4 7 and for that purpose shall:

(1)  issue orders necessary to effectuate the purposes of parts 1 through 4 7 and to enforce the orders by all appropriate administrative and judicial proceedings;

(2)  enter, inspect, and examine buildings or premises necessary for the proper performance of its duties under parts 1 through 4 7;

(3)  study the operation of the state building code, local building regulations, and other laws related to the construction of buildings to ascertain their effects upon the cost of building construction and the effectiveness of their provisions for health and safety;

(4)  recommend tests or require the testing and approval of materials, devices, and methods of construction to ascertain their acceptability under the requirements of the state building code and shall issue certification of such acceptability;

(5)  appoint experts, consultants, and technical advisers for assistance and recommendations relative to the formulation and adoption of the state building code;

(6)  advise, consult, and cooperate with other agencies of the state, local governments, industries, and interested persons or groups."

Section 3.  Section 50-60-108, MCA, is amended to read:

"50-60-108.   Construction permit required. Any A person who desires to construct a building which that is subject to the provisions of parts 1 through 4 (7) must shall apply for a permit from the appropriate authorities."

Section 4.  Section 50-60-110, MCA, is amended to read:

"50-60-110.   Violation a misdemeanor. Any A person served with an order pursuant to the provisions of parts 1 through 4 7 who fails to comply with the order not later than 30 days after service or within the time fixed by the department or a local building department for compliance, whichever is the greater, or any an owner, builder, architect, tenant, contractor, subcontractor, construction superintendent, their agents, or any person taking part or assisting in the construction or use of any building who knowingly violates any of the applicable provisions of the state building code or a municipal building code is guilty of a misdemeanor."

Section 5.  Section 50-60-201, MCA, is amended to read:

"50-60-201.   Purpose of state building code. The state building code shall must be designed to effectuate the general purposes of parts 1 through 4 7 and the following specific objectives and standards to:

(1)  provide reasonably uniform standards and requirements for construction and construction materials consonant with accepted standards of design, engineering, and fire prevention practices;

(2)  permit to the fullest extent feasible the use of modern technical methods, devices, and improvements which that tend to reduce the cost of construction consistent with reasonable requirements for the health and safety of the occupants or users of buildings and, consistent with the conservation of energy, by design requirements and criteria that will result in the efficient utilization use of energy, whether used directly or in a refined form, in buildings;

(3)  eliminate restrictive, obsolete, conflicting, and unnecessary building regulations and requirements which that tend to increase unnecessarily construction costs, retard unnecessarily the use of proven new materials which that have been found adequate through experience or testing, or provide unwarranted preferential treatment to types or classes of materials, products, or methods of construction;

(4)  ensure that any new buildings constructed with public funds are accessible to and functional for physically handicapped persons according to the principles applicable to accessibility to public buildings for handicapped persons adopted, recommended, or issued as Part II, Uniform Federal Accessibility Standards, as it reads in the Federal Register dated August 7, 1984, and as the department may amend by rule to reflect changes in the principles;

(5)  encourage efficiencies of design and insulation which that enable buildings to be heated in the winter with the least possible quantities of energy and to be kept cool in the summer without air conditioning equipment or with the least possible use of such heating or cooling equipment;

(6)  encourage efficiencies and criteria directed toward design of building envelopes with high thermal resistance and low air leakage and toward requiring practices in the design and selection of mechanical, electrical, and illumination systems which that promote the efficient use of energy."

Section 6.  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, sanitation, and conservation of energy. The department may amend or repeal the rules.

(b)  In adopting rules concerning the conservation of energy, the department shall conform those rules 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,; but however, this does not prevent the department from adopting rules more stringent than those contained in national codes.

(3)  The rules, when adopted as provided in parts 1 through 4 7, 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 in single-family dwellings."

Section 7.  Section 50-60-206, MCA, is amended to read:

"50-60-206.   Variances to state building code. (1) The department has the power, on satisfactory proof after a public hearing conducted in accordance with the Montana Administrative Procedure Act, to:

(a)  vary or modify, in whole or part, the application of any provision or requirement of the state building code if strict compliance would cause any undue hardship; but however, no a variance or modification shall may not affect adversely provisions for health, safety, and security, and equally safe and proper alternatives may be prescribed therefor;

(b)  reverse, modify, or annul, in whole or part, any ruling, direction, determination, or order of any state agency affecting or relating to the construction of any building, the construction of which is pursuant or purports to be pursuant to the provisions of the state building code;

(c)  review within 30 days after disapproval any application for permission for the construction of a building pursuant to the provisions of the state building code or plans or specifications submitted in connection therewith with an application;

(d)  reverse, modify, or annul the disapproval, in whole or part;

(e)  within 30 days make a determination that the application or plans or specifications are in compliance with the provisions of the state building code. If this determination is made, the officer charged with the duty shall issue any permit, license, certificate, authorization, or other document that is required for the construction.

(2)  An application for a variance, modification, reversal, annulment, or review may be made by any person aggrieved pursuant to the Montana Administrative Procedure Act.

(3)  An application for a variance, modification, reversal, annulment, or review shall stay stays all proceedings in furtherance of the action appealed from unless there is a showing by the state agency that a stay would involve imminent peril to life or property.

(4)  The department, in hearings conducted under this section, shall is not be bound by common-law common law or statutory rules of evidence."

Section 8.  Section 50-60-506, MCA, is amended to read:

"50-60-506.   Exceptions to permit requirement. (1) No A permit is not required for any minor replacement or repair work, the performance of which does not have a significant potential for creating a condition hazardous to public health and safety.

(2)  No A permit is not required where when the installation is exempt under the provisions of 37-69-102 or 50-60-503.

(3)  No A state permit is not required whenever if the installation occurs in an area governed by a municipality and where when there is in effect a municipal building code which that covers plumbing installations and which that provides inspection procedures.

(4)  Nothing contained in this part shall prohibit the owner of residential property from making an installation for all sanitary plumbing and potable water supply piping without a permit providing he does the work himself.

(5)  The provisions of this part do not apply to regularly employed maintenance personnel doing maintenance work on the business premises of their employer unless work is subject to the permit provisions of this part."

Section 9.  Section 50-60-512, MCA, is amended to read:

"50-60-512.   Department authorized to order work stopped for noncompliance. Whenever any work is being done contrary to the provisions of the state plumbing code, the department of commerce or its authorized representative may, after a hearing conducted under the provisions of the Montana Administrative Procedure Act, order work stopped by notice in writing served on any person engaged in the work. Following the department's cease and desist order, the affected person is entitled to a hearing conducted in accordance with the Montana Administrative Procedure Act."

Section 10.  Section 50-60-604, MCA, is amended to read:

"50-60-604.   Department to make inspections, issue inspection tags electrical permits, and establish fees. The department of commerce shall make inspections of electrical installations, issue inspection tags electrical permits for these installations, and establish and charge a reasonable and uniform fee for the inspections, which may not exceed the expense of providing the inspection."

Section 11.  Section 50-60-605, MCA, is amended to read:

"50-60-605.   Power supplier not to energize installation without inspection tag electrical permit. Individuals, firms, cooperatives, corporations, or municipalities selling electricity are power suppliers. Except for temporary connections which that the department may authorize by rule for a period not exceeding 14 days without a preconnection inspection, power suppliers may not connect with or energize an electrical installation under this part unless the owner or a licensed electrical contractor has delivered to the power supplier an inspection tag electrical permit covering the installation, issued by the department of commerce."

Section 12.  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 definitions and rules for the safe construction, installation, operation, inspection, and repair of equipment covered by this chapter. The definitions and rules must follow generally accepted nationwide codes and engineering standards as published by the American society of mechanical engineers and the national board of boiler and pressure vessel inspectors."

Section 13.  Section 50-74-103, MCA, is amended to read:

"50-74-103.   Boilers exempted. (1) This chapter shall does not apply to boilers under federal control.

(2)  The provisions of this chapter requiring inspections, inspection fees, and certificates shall do not apply to:

(a) steam heating boilers operated at not over 15 pounds per square inch gauge pressure in private residences or apartments of six or less fewer families or to;

(b) any situation in which a single boiler provides heat for six or fewer apartment units; or

(c) hot water heating or supply boilers operated at not over 50 pounds per square inch gauge pressure and temperatures not over 250 degrees F when in private residences or apartments of six or less fewer families.

(3)  No persons A person operating any of the engines or boilers exempted from the operation of this chapter shall may not be required to procure a license from the department."

Section 14.  Section 50-74-108, MCA, is amended to read:

"50-74-108.   Tampering with safety valve a misdemeanor. A renter, user, or owner of a boiler or a person who tampers with the safety valve to allow the boiler to carry greater pressure than is allowed by the inspection boiler operating certificate is guilty of a misdemeanor."

Section 15.  Section 50-74-202, MCA, is amended to read:

"50-74-202.   Special boiler inspectors. (1) In addition to the state boiler inspectors, the department shall issue to the inspectors of boiler insurance companies authorized to do business in the state commissions, certificates, or other recognition as special boiler inspectors and may accept the inspection reports of such special inspectors as equivalent to those of the state inspectors.

(2)  Each such special inspector shall must hold a certificate commission as boiler inspector issued by the national board of boiler and pressure vessels vessel inspectors.

(3)  Such special inspectors shall A special inspector may not receive no a salary or expenses from the state, and nor shall the state may not collect inspection fees for inspections made by such special inspectors."

Section 16.  Section 50-74-203, MCA, is amended to read:

"50-74-203.   Qualifications of boiler inspectors. No A person is not eligible to hold the office of inspector of boilers and steam engines who if the person has not had at least 10 years of actual experience in the operation of steam engines, steam or hot water boilers, and steam machinery and who if the person has not held for at least 3 years immediately preceding his the person's appointment a first-class stationary engineer's license of the state of Montana or a national board commission. A person who is directly or indirectly interested in the manufacture or sale of boilers or, steam machinery, or any patented article required to be sold relating thereto in relation to either type of equipment is not eligible to hold the office of inspector of boilers and steam engines."

Section 17.  Section 50-74-205, MCA, is amended to read:

"50-74-205.   Purchaser to receive certificate of inspection and boiler operating certificate. (1) Any A person purchasing any a boiler, whether traction or stationary, shall be is entitled to receive from the seller the certificates of inspection and boiler operating certificates issued on such the boiler.

(2)  Any A person failing to comply with the provisions of this section shall be deemed is guilty of a misdemeanor."

Section 18.  Section 50-74-209, MCA, is amended to read:

"50-74-209.   Required inspection intervals. (1) All boilers must be inspected at least once in every a year except boilers exempt under provisions of 50-74-103 or as provided in subsection (2). Upon written application, longer inspection intervals may be authorized by the department.

(2) Automatically fired boilers with less than 360,000 Btu's an hour input must be inspected at least once every 3 years.

(3) In addition to the annual required inspection, it is the duty of the inspectors to examine at proper times, when in their opinion such examination is necessary, all such boilers as shall have an inspector to examine any type of boiler that the inspector thinks may have become unsafe from any cause and to notify the owner or the person using such the boilers boiler of any defect and what repairs are necessary to render them it safe."

Section 19.  Section 50-74-217, MCA, is amended to read:

"50-74-217.   Other inspection requirements. The inspector must satisfy himself be satisfied that:

(1)  the safety valves are of suitable relieving capacity ratings, sufficient in number and area, and properly arranged and are properly adjusted so as not to allow a greater pressure in a boiler than the amount prescribed by the inspection boiler operating certificate;

(2)  there are a sufficient number of gauge cocks properly inserted to indicate the amount of water and suitable gauges that will correctly record the pressure of steam; and

(3)  adequate and certain provisions for an ample supply of water to feed the boiler at all times and suitable means for blowing out are provided so as to thoroughly remove mud and sediment from all parts of the boiler when it is under pressure of steam."

Section 20.  Section 50-74-219, MCA, is amended to read:

"50-74-219.   Fee for inspection and boiler operating certificate. Boiler owners and users shall remit the boiler operating certificate fee to the department in order to receive a boiler operating certificate. In addition, Whenever whenever a department inspector inspects a boiler, a fee must be charged and collected by the department prior to issuance of before issuing an inspection a boiler operating certificate in accordance with the following schedule:

(1)  operating certificate, $20;

(2)  internal inspection, $40;

(3)  external inspection:

(a)  hot water heating and supply, $15;

(b)  steam heating, $20; and

(c)  power boiler, $30; and

(4)  special inspection, $50 per an hour plus expenses."

NEW SECTION. Section 21.  Rulemaking authority. The department may adopt rules to implement the provisions of chapter 74, part 2, and this part relating to boilers.

NEW SECTION. Section 22.  Repealer. Section 50-60-606, MCA, is repealed.

NEW SECTION. Section 23.  Codification instruction. [Section 21] is intended to be codified as an integral part of Title 50, chapter 60, part 1, and the provisions of Title 50, chapter 60, part 1, apply to [section 21].

NEW SECTION. Section 24.  Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before July 1, 1997.

NEW SECTION. Section 25.  Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

NEW SECTION. Section 26.  Effective date. [This act] is effective July 1, 1997.