HOUSE BILL NO. 145
INTRODUCED BY R. DALE
AN ACT CLARIFYING THAT THE TERM "STATE BUILDING CODE" REFERS TO RULES ADOPTED BY THE DEPARTMENT OF COMMERCE UNDER TITLE 50, CHAPTER 60, PARTS 1 THROUGH 4, MCA; GENERALLY REVISING THE STATE ELECTRICAL CODE; EXCEPTING ELECTRICAL SIGNAL AND COMMUNICATIONS EQUIPMENT OWNED BY A COUNTY OR THE STATE, LOW-VOLTAGE ELECTRICAL SIGNAL AND COMMUNICATIONS EQUIPMENT, OPTICAL FIBER CABLES, TRAFFIC SIGNALS, STREET LIGHTING, TRAFFIC CONTROL DEVICES, AND MINES AND MINE BUILDINGS FROM THE PROVISIONS OF THE ELECTRICAL CODE; CLARIFYING THE AUTHORITY OF THE DEPARTMENT OF COMMERCE TO ADOPT NATIONALLY RECOGNIZED ELECTRICAL CODES; ABOLISHING THE REQUIREMENT THAT A POWER SUPPLIER DELIVER AN INSPECTION TAG TO THE DEPARTMENT OF COMMERCE AFTER ENERGIZING AN INSTALLATION; SUBSTITUTING THE TERM "ELECTRICAL PERMIT" FOR "INSPECTION TAG"; PROVIDING PENALTIES FOR VIOLATIONS OF THE ELECTRICAL CODE; AUTHORIZING INJUNCTIONS TO ENJOIN CERTAIN VIOLATIONS OF THE ELECTRICAL CODE; AMENDING SECTIONS 50-60-102, 50-60-602, 50-60-603, 50-60-605, AND 50-60-607, MCA; REPEALING SECTION 50-60-606, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 50-60-102, MCA, is amended to read:
"50-60-102. Applicability. (1) Except as provided in subsection (5), the state building codes do code, as defined in
50-60-203(3), does not apply to:
(a) residential buildings containing less than five dwelling units or their attached-to structures, any farm or ranch building of any size, and any private garage or private storage structure of any size 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;
(c) petroleum refineries and pulp and paper mills, 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; or
(d) industrial process piping, vessels, and equipment and process-related structures located outside of another structure occupied on a regular basis by employees or the public.
(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 code 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 on 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."
Section 2. Section 50-60-602, MCA, is amended to read:
"50-60-602. Exceptions. (1) This part does not apply to:
(a) the installation, alteration, or repair of electrical signal or communications equipment owned or operated by a public
utility or a city and traffic signals, street lighting, and other electrical traffic control devices owned or operated by a public
utility, city, or county or the state; or
(b) electrical installations on the premises of 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.;
(c) 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
(d) the installation, alteration, or repair of low-voltage electrical signal and communications equipment and optical fiber cable.
(2) The inspection provisions of this part do not apply to regularly employed maintenance electricians doing maintenance work on the business premises of their employer nor do they apply to line work on the business premises of the employer or to ordinary and customary in-plant or onsite installations, modifications, additions, or repairs.
(3) Any A person who plugs in an electrical appliance where an approved electrical outlet is already installed may not
be considered as an installer.
(4) This part does not in any manner interfere with, hamper, preclude, or prohibit any vendor of any electrical appliance from selling, delivering, and connecting any electrical appliance if the connection does not necessitate the installation of electrical wiring of the structure where the appliance is to be connected."
Section 3. Section 50-60-603, MCA, is amended to read:
"50-60-603. Electrical installations to comply with building Electrical codes to be adopted by department by
rule. (1) All installations in this state The department of commerce shall adopt rules relating to the installation of wires and
equipment to convey electric electrical current and installations of apparatus to be operated by current, except as provided
in 50-60-602, shall be made substantially in accord with building codes adopted by the department of commerce.
(2) Rules and standards relating to buildings and equipment shall be promulgated by the department. The department
may adopt by reference the national fire protection association standard NFPA 70, national electrical code, in whole or in
part, and may adopt rules more stringent than those in the national fire protection association standard NFPA 70, national
electrical code."
Section 4. 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 of commerce 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 or a municipality or county certified to enforce the electrical code
pursuant to 50-60-302."
Section 5. Section 50-60-607, MCA, is amended to read:
"50-60-607. Unlawful acts Energizing electrical installation without permit -- misdemeanor. It is unlawful for a
Any person, partnership, company, firm, association, or corporation, other than a power supplier, to energize that energizes
an electrical installation under this part unless an application for an inspection tag covering the installation, together with
the inspection fee, has been forwarded to for which an electrical permit has not been issued by the department of commerce
or a municipality or county certified to enforce the electrical code pursuant to 50-60-302 is guilty of a misdemeanor."
Section 6. Injunction authorized. The use or installation of wires or equipment conveying electrical current or the use or installation of any apparatus operated by electrical current in violation of any provision of this part or a lawful order of a state or local government building official may be enjoined by a judge in the district court of the judicial district in which the wires, equipment, or apparatus is located.
Section 7. Repealer. Section 50-60-606, MCA, is repealed.
Section 8. Codification instruction. [Section 6] is intended to be codified as an integral part of Title 50, chapter 60, part 6, and the provisions of Title 50, chapter 60, part 6, apply to [section 6].
Section 9. Effective date. [This act] is effective on passage and approval.
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