HomeMy WebLinkAboutAdministrative Order No. 2013-05 Adoption of the 2012 International Fire Code (IFC) CITY OF BOZEMAN
Bozeman, Montana
Office of the City Manager
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ADMINISTRATIVE ORDER NO. 2013-05
Adoption of the 2012 International Fire Code (IFCJ
WHEREAS, on July 26, 2013, the State of Montana, Department of Justice, has adopted
NOTICE OF AMENDMENT (23.12.601) exactly as proposed, which adopts, with rnodifi cations, the
following codes: 2.012 International Fire Code.
WHEREAS, on July 26, 2013, the State of Montana, Department of Justice repealed the prior
editions of the detailed code and portions of the detailed codes which directly apply to its jurisdiction.
NOW, THEREFORE, in conformance with the Notice from the State of Montana,
Department of Justice and Bozeman Municipal Code Section 18.02.010 the City of Bozeman hereby
adopts those portions of the 2012 International Fire Code which were adopted by the State of Montana,
Department of Justice on July 26, 2013, and which apply to the City of Bozeman jurisdictional area.
DATED THIS DAY OF SEPTEMBER, 2013.
Chris Kukulski, City Manager
Street address: 121 N. Rouse Ave. Phone: (406) 582-2306
Mailing address: P.O. Box 1230 Fax: (406) 582-2339
Bozeman, MT 59771-1230 TDD: (406) 582-2301
PARTN- CODEOFORQ|NANCES
Chapter 18- FIRE PREVENTION AND PROTECTION
ARTICLE 2. FIRE CODE
ARTICLE 2. FIRE CODE
Sec. '18,02,010, international Fire Code,
Sec. 18.02.010. International Fire Code.
A. Adoption by reference of the International Fire Code.
1. The current edition of the International Fire Code together with any supplements, adopted by
the Fire Prevention and Investigation Bureau of the K8nnhsnm Department of Justice (or its
nuoce000r), as set out in the Administrative Rules of Montana, and as amended from time to
time by the Buruau, are adopted by reference and incorporated in this article as if set forth in
fu]|, with the additions, amendments, and deletions enumerated within the Administrative Rules,
except as may be noted in this article, by future administrative order, or by any regulations not
applicable tm local government jurisdictions.
2. One copy of the current edition of the code ehuH be kept on file in the office of the Clerk of the
Commission of the City of Bozeman, 121 North Rouse Avenue, Bozeman, Montoma, and one
copy shall be kept on file in the office of the Bozeman Fire Department, 34 North Rouse,
Bozanoem, Montana.
3. Any amendments adopted by the Fire Prevention and Investigation Bureau which apply to local
government ]urisdictions, including the adoption of the latest editions of the International Fire
Code or applicable Administrative Rules of Montana shall become effective upon execution of
an administrative order nfthe city manager unless a different effective date is specified in the
administrative order.
4. A copy ofthe amendment notification and the corresponding new edition will be kept in the
office nf the city clerk, and the city fire department.
5. The International Fire Cude, Administrative Rules of N1ontano, as adopted in subsection /\.1 of
this section, are applicable within the city limits.
B. Violation;penalty.
1. Any person, firm, business or corporation, who erects, constructs, remomu1ruuks. en|argeo. e|bare,
repairs, mmvgo. improves, nemoveo, ounmsrts, equips, umen, changes the use of, occupies or
maintains any building or structure in violation of any provision of this code shall be guilty of
misdemeanor criminal offense punishable by a fine not 10 exceed $5010.O0, or be imprisoned in
the county jail for a hann not to exceed six months, or both. Each day the violation is oUnwvgd to
continue shall be deemed a separate chargeable criminal offense,
2. Any damages caused or injuries sustained as a result of any violation of this article mhu|| be
ordered paid as restitution as a part of any conviction for any violation.
3. The court may order the reimbursement of costs of enforcement, inYeodgatiom, fire suppression
services, overtime and prosecution related to a violation upon conviction.
(�ode 1987. §§ 1S.3,8.010. C>rd. Nu� 1208, § 1, 1986: Qrd, No 1305. �8 1. 2. 1990,, Ord.
No, 1370. § 1. 1903� Ord� No� 1443. § 1. (]rd. No. 1511. §§ 1. 2. 2000: {]rdr No, 161A, §§ 1' 2,
8-1 6-2004i Ord, Wo, 1791' 6 2. 8'23-2010)
Bozeman, Montana, Code of Ordinances Page 1
PART U'CODE OFORDINANCES
[ha:pter18 FIRE PREVENTION AND PROTECTION
ARTICLE Z. FIRE CODE
State law reference Authority tn adopt the fire code by reference, MCA 7-5-4202(l), 7-]]-
4200.
Sec. 18'02.020. Fire code board of appeals.
A. Creation. The city commission of the city shall appoint e fin* mode board of appeals, hereinafter
referred to as the ''board." and designate the board to determine the suitability ofalternate materials
and types of construction under the International Fire Code and to provide reasonable interpretation
nf the International Fire Code, ms adopted by the city.
B, Membership;meetings.
1. The board shall consist of five members, appointed by the city commission, who are qualified by
experience and training to pass upon pertinent matters. Each nnarnber may be reappointed
without limitation on the number of reappointments. The fire chief shall be an ex officio member
and shall act an secretary of the board.
2. Initial terms of office shall be as follows: one appointed for one year, two appointed for two
years and two appointed for three years, Succeeding appointments shall be for a period of three
yearn.
3. Vacancies shall be filled in the same manner as original appointments for the balance of the
term remaining.
4. Persons of legal age may be appointed to the board. A majority of the board shall be residents
oftbe city. Nonresident members of the board shall live within the zoning jurisdictional area and
ahmD have some interest in the city by virtue of working in the oity, owning property in the city or
entering the city frequently for any lawful purpose.
5. Members shall serve without compensation for their time and services.
8. Meetings nfthe board shall be conducted in accordance with all applicable rules and regulations
of the city and the minimum bylaw provisions adopted by the board and approved by the
onmmmleoinn.
7. The board shall hear appeals not more than 30 days after filing thereof, and render all decisions
and findings in writing bn the fire chief, with a copy bo the appellant.
8. Any expenses incurred must first bo approved by the city commission.
(Code 1082. §§ 15 37.010. 15.37.020-, Oird. No 1444. § 7' 1,987)
Bozeman, Montana, Code ofOrdinances Page
-1338-
BEFORE THE DEPARTMENT OF JUSTICE
OF THE STATE OF MONTANA
In the matter of the amendment of ARM NOTICE OF AMENDMENT
23.12.401 , 23-12.402, 23-12.408, AND REPEAL
23.12.430, 23.12.501, 23.12.502,
23.12.601, and 23.12.605 concerning
fire safety, fireworks, and Uniform Fire
Code; and the repeal of ARM 23.12.420
concerning equipment approval
TO: All Concerned Persons
1. On June 6, 2013, the Department of Justice published MAR Notice No. 23-
12-230, pertaining to the proposed amendment and repeal of the above-stated rules
at page 897 of the 2013 Montana Administrative Register, Issue Number 11.
2. The department has amended ARM 23.12.401, 23.12.402, 23.12.408,
23.12,430, 23.12.501, 23.12.502, and 23.12.605 as proposed.
3. The department has amended ARM 23.12.601 as proposed, but with the
following changes from the original proposal, new matter underlined, deleted matter
interlined:
23.12.601 ADOPTION OF THE INTERNATIONAL FIRE CODE (2 2012
EDITION) (1) through (5)(w) remain as proposed.
(x) 6706.2.5.1 ( 3406.2.5.1(2) is not adopted.
(y) Appendix Q - Fire Flows - is adopted.
(z) Appendix C - Hydrants - is adopted.
as Appendix D - Access Roads: Sections D101-D105.3 - are adopted.
(ab) Appendix I - Fire Protection Systems Non-Complianit Conditions - is
adopted.
(y) Appendix A Board of Appeals is Rot adopted.
(z) AppeRdix D AGGess Roads - seojens D!05.4 thFough IDI 08 are Ret
adepted.
(aa) ApPeRdix E Hazard Gate-Glies is Ret adepted.
(ab) Appendlix F HazaFd RaRking is not adopted.
(aG) AppeRdix G GryegeRiG Fluids - 96 Rot adopted.
(ad) Appendix H Hazardous Materials is not adapted7
(ae) AppeR& J - Building 1RfGFMatiE)R SigR is not adepted.
4. The department has thoroughly considered the comments and testimony
received. A summary of the comments received and the department's responses
are as follows:
COMMENT 1 : A commenter observed that, under section 101.2.1 of the IFC,
appendices are not included in the IFC unless they are specifically adopted. The
14-7/25113 Montana Administrative Register
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commenter expressed confusion as to the department's intent in including language
that specifically did not adopt appendices and in striking language that specifically
adopted certain appendices.
RESPONSE 1 : The department agrees with the commenter that the proposed
language could lead to confusion and has clarified the rule by deleting the proposed
confusing language and by specifically adopting the appendices that are intended to
be part of Montana's fire code. The department does not believe that these changes
affect the intent or substance of the rule.
5. The department has repealed ARM 23.12.420.
By: /s/Tim Fox /s/ Matthew T. Cochenour
Tim Fox Matthew T. Cochenour
Attorney General Rule Reviewer
Department of Justice
Certified to the Secretary of State July 15, 2013.
Montana Administrative Register 14-7/25/13
-897-
BEFORE THE DEPARTMENT OF JUSTICE
OF THE STATE OF MONTANA
In the matter of the amendment of ARM NOTICE OF PROPOSED
23.12.401, 23-12,402, 23.12.408, AMENDMENT AND REPEAL
23.12.430, 23.12.501, 23.12-502,
23.12.601 and 23-12.605, concerning NO PUBLIC HEARING
fire safety, fireworks, and Uniform Fire CONTEMPLATED
Code; and the repeal of ARM
23.12.420, concerning equipment
approval
TO: All Concerned Persons
1. On July 8, 2013, the Department of Justice proposes to amend and repeal
the above-stated rules.
2. The department will make reasonable accommodations for persons with
disabilities who wish to participate in this rulemaking process or need an alternative
accessible format of this notice. If you require an accommodation, contact the
department no later than 5:00 p.m. on June 18, 2013, to advise us of the nature of
the accommodation that you need. Please contact Kathy Stelling, Department of
Justice, 215 North Sanders, P.O. Box 201401, Helena, MT 59620-1401 ; telephone
(406) 444-2026; Montana Relay Service 711; fax (406) 444-3549; or e-mail
kstelling@mt.gov.
3. The rules as proposed to be amended are as follows:
23.12.401 DEFINITIONS Unless the context requires otherwise, the
following definitions apply to the rules in ARM Title 23, chapter 12:
(1) through (7) remain the same.
(8) "Explosive" means a chemical compound, mixture, or device, the primary
or common purpose of which is to function by explosion. The term includes, but is
not limited to, dynamite, black powder, pellet powder, initiating explosives,
detonators, safety fuses, squibs, detonating cord, igniter cord, igniters, and display
fireworks. See Chapter 2, Section 202 - General Definitions 1.3G (Class B, Special),
International Fire Code, 2009 2012 Edition.
(9) remains the same.
(10) "Fire code" means the edition of the International Code Council,
International Fire Code (IFC), 2009 2012 Edition, currently adopted by the FPIS, and
any additions thereto currently adopted by the FPIS.
(111) through (27) remain the same.
AUTH: 50-3-102, MCA
IMP: 50-3-102, MCA
RATIONALE AND JUSTIFICATION: The department has adopted the
MAR Notice No. 23-12-230 11-6/6/13
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International Fire Code (IFC), which is published every three years. The
amendments to this rule are necessary to conform to the current edition of the IFC.
23.12.402 ENFORCEMENT OF FIRE PREVENTION AND INVESTIGATION
SECTION RULES (1) and (2) remain the same,
(3) Each official responsible for investigating fires shall file with the state fire
marshal a fire incident report on each and every fire occurring within the official's
jurisdiction. Fire incident reports must be submitted on forms downloaded, or filled
out online, from the National Fire Incident Reporting System (NIFIRS) at
www.nfirs.fema.gov. The state fire marshal may notify a fire department of
incomplete or invalid reports for resubmission with complete information.
AUTH: 50-3-102(2), MCA
IMP: 50-3-102, 50-61-102, 50-63-203(1), MCA
RATIONALE AND JUSTIFICATION: This amendment is reasonably
necessary to clarify that forms can be either downloaded or completed online.
23,12.408 CERTIFICATE OF APPROVAL FOR COMMUNITY HOMES
(1) through (4) remain the same.
(5) For purposes of determining compliance with the fire code, all community
homes shall comply with the 2009 IFC as adopted, and with all other rules
promulgated by the FPIS.
(6) and (7) remain the same.
AUTH: 50-3-102, MCA
IMP- 53-20-307, 52-4-204, MCA
RATIONALE AND JUSTIFICATION: The department has adopted the
International Fire Code (IFC), which is published every three years. The
amendments to this rule are necessary to conform to the current edition of the IFC.
23.12.430 SERVICE TAGS (1) through (5) remain the same.
(6) Stored pressure extinguisher tags must follow the guidelines listed in the
National Fire Protection Association (N FPA) 10, 2007 2010 Edition, and include the
information listed in (3).
(7) remains the same.
AUTH: 50-3-102, MCA
IMP. 50-3-102, MCA
RATIONALE AND JUSTIFICATION: This amendment is reasonably
necessary to conform to the 2010 Edition of the NFPA 10, which replaced the 2007
Edition.
23.12.501 RETAIL FIREWORKS SALE (1) through (12) remain the same.
(13) All fireworks stands shall be subject to inspection by the chief, or the
11'-6/6113 MAR Notice No. 23-12-230
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chief's representative, in accordance with the 2009 IFC. Violations shall be handled
in accordance with 50-61-115, MCA. If immediate action is necessary to safeguard
life and property, the chief may issue an order to remedy in accordance with 50-62-
102, MCA,
RUTH: 50-3-102(3), MCA
IMP: 50-3-102(3), MCA
RATIONALE AND JUSTIFICATION: The department has adopted the
International Fire Code (IFC), which is published every three years. The
amendments to this rule are necessary to conform to the current edition of the IFC.
23.12.502 FIREWORKS REPACKAGING, STORAGE, AND SHIPPING
(1) All buildings where fireworks are stored, opened for repacking,
repackaged, or prepared for shipping shall conform to the provisions of the 2009
2012 International Building Code and the 2409 IFC. Where those codes are silent,
NFPA pamphlet 1124 (2006 Edition) shall be applied.
(2) remains the same.
AUTH: 50-3-102(3), MCA
IMP: 50-3-102(3), MCA
RATIONALE AND JUSTIFICATION: This amendment is reasonably
necessary to update references to the current editions of the codes.
23.12.601 ADOPTION OF THE INTERNATIONAL FIRE CODE 0985 2012
EDITION) (1) The FPIS adopts and incorporates by reference the International Fire
Code 2009 Edit!GR (2009 1 F=Q� 2012 Edition 12012 1 FC) with the additions and
amendments enumerated in this subchapter. Copies of the 2009 IFC and related
materials may be obtained from the International Code Council, 4051 West
Flossmoor Road, Country Club Hills, IL 60478-5795.
(2) remains the same,
(3) This rule establishes a minimum fire protection code to be used in
conjunction with the building code. Nothing in this rule prohibits any local
government unit from adopting those portions of the IFC that are not adopted by the
FPIS or standards which are more restrictive than the 240-9 IFC.
(4) through (5)(b) remain the same.
(c) The Permit sections of the following chapters are not adopted: 3, 5, 6, 9,
11, and 15 44 20-35, and 50-67.
(d) and (e) remain the same.
(f) 202 General Definitions. GOVERNMENTAL FIRE AGENCIE-8 FIRE
DEPARTMENT - Governmental Fire agencies. Any fire department organized under
Montana law under the jurisdiction of a city, county, state, fire district, or fire service
area.
(g) and (h) remain the same.
-(.i) 405.2 Delete section and replace with: "Freguency. Reguired emergency
evacuation drills shall be held at the intervals specified in 20-1-402, MCA. There
MAR Notice No. 23-12-230 11-6/6113
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must be at least eight emergency evacuation/disaster drills held a year in a school.
At least four of the drills must be fire exit drills. Drills must be held at different hours
of the day or evening to avoid distinction between drills and actual disasters." In
Table 405.2, delete the word "monthly" from the Frequency column, applicable to
Group E, and replace with "20-1-402, MCA."
(1) remains the same, but is renumbered
(j) remains the same, but is renumbered (k).
(k) remains the same, but is renumbered (1).
k4 Lml 906.1 Portable fire eMiRg "is hes extinc rs
guishe - (1) Exception - is not
adopted.
�Lnj 1008.1.9.4 Door operations. Adopted adding the sentence "Exit
doors shall not be locked, chained, bolted, barred, latched, or otherwise rendered
unusable. All locking devices shall be of an approved type."
ki4) (o) 2206 :7 Q 2306.7.9 through 2306.7.9.2.4 Vapor-recovery and vapor-
processing systems - iRGludiRg all subsectiGR-, are not adopted.
{e} 2403.2 3103.2 Approval required. Adopted, but deleting "a permit
and."
{p) 3301.1.3 5601.1.3 Fireworks - is not adopted.
�q)Lr 01 2.2 5601 .2.2 through 2201 P 4.2 5601.2.4.2 are not adopted.
(s) 5606.5.2.1 Smokeless propellant - is not adopted. The maximum
guantities, storage conditions, and fire-protection reguirements for -gunpowder and
ammunition stored in a bu,i,],di,n,g,shall be as follows: Smokeless powder and small
arms primers or percussion caps shall be in accordance with 50-61-120 and 50-61-
121, MCA,
ko Lt 3306.5.2.3 5606.5.2.3 Small arms primers - is not adopted. See 50-61-
120 and 50-61-121, MCA.
(s) 3306.6 The maximum quaRtities, steFage Gendit'GRs, and fire pFeteetioR
requirements feF gunpewder and arnmuRltieR stored iR a buildiRg shall be as fallaWS4.
Smokeless pewder and small aFms primers oF pefeussien Gaps shall be-+'R
aGGE)rdaRGe With 50-61-420 and 50-64 124, .
#4 (u) 3308 5608 Fireworks Display - is not adopted. See Title 50, chapter
37, MCA.
{u4 (v) 34 06.1 5706.1 General - In paragraph numbered 1., delete "farms
and,"
3406.2 5706.2 Delete "farms and" from the heading, and "on farms
and rural areas and" from the paragraph.
kw)fxl 3406.2.5.1 5706.2.5.1(2) is not adopted.
(x) Append' R. R're Flews is aderp-ted.
(y) ApPeRdix G HydFaRtS i& I , I I
(z) Appendix 1)AGGeGSrI reads. SeGtiens 101-105 '3 - is adopied,
(aa) ApPeRdi)( I FiFe PreteGtiOR Systems Non Compliant QoRditieRs is
adepted.
(y) Appendix A - Board of Appeals - is not adopted.
(z) ARpendix D - Access Roads - sections D105.4 through D108 are not
adopted.
(aa) Appendix E - Hazard Categories - is not adopted.
(ab) Appendix F - Hazard Ranking - is not adopted.
11-616/13 MAR Notice No. 23-12-230
_901-
(ac) Appendix G - Cryogenic Fluids - is not adopted.
(ad) Appendix H - Hazardous Materials - is not adopted.
(ae) Appendix J - Building Information Sign - is not adopted.
AUTH: 50-3-102, MCA
IMP: 50-3-103, MCA
RATIONALE AND JUSTIFICATION: The department has adopted the
International Fire Code (IFC), which is published every three years. The
amendments to this rule are necessary to conform to the current edition of the IFC,
add Montana-specific rules, and to promote consistency within the rules.
23.12.605 PROCESSES (1) Chapters 22, 33, .end s 23, 56, and 57 of the
IFC are adopted with the following eXGeptiens additions and amendments:
(a) 2204.5 2304,5 Fuel Dispensing in Rural Areas. For public automotive
motor vehicle fuel-dispensing stations located in rural areas:
(b) 2204.5.1 2304.5.1 General. When performed in the operation of a farm
or ranch, or when approved by the chief, liquids used as fuels may be transferred
from tank vehicles into the tanks of motor vehicles or special equipment, provided:
1. through 8. remain the same.
(c) 2204.5.2 2304.5.2 Motor Vehicle Fuel Dispensing Stations. Motor vehicle
fuel dispensing stations are not permitted at bulk plants which are not located in a
rural area with the following exceptions:
(i) and (ii) remain the same.
(d) 2204.5.3 2304.5.3 Rural Bulk Plants. Bulk plants located inside the
districts defined as "rural" are permitted to incorporate motor vehicle fuel-dispensing
stations. The motor vehicle fuel-dispensing stations shall be separated by a fence or
similar barrier from the area in which bulk operations are conducted.
(e) 2204.6 2304.6 Rural Motor Vehicle Fuel-Dispensing Stations,
(f) 2204-6.1 2304.6.1 Plans submittal. Plans shall be submitted in
accordance with these rules for public automotive motor vehicle fuel-dispensing
stations located in rural areas,
(g) 2204.6.2 2304.6.2 Plans and specifications submittal. Plans and
specifications shall be submitted for review and approval prior to the installation or
construction of a public automotive motor vehicle fuel-dispensing station located in a
rural area. A site plan shall be submitted which illustrates the location of flammable
liquid, LP-gas, or CNG storage vessels, and their spatial relation to each other,
property lines, and building openings, Both aboveground and underground storage
vessels shall be shown on plans. For each type of station, plans and specifications
shall include, but not be limited to, the following:
1. remains the same.
(h) 2204.6.3 2304.6.3 Plan Approval. Prior to the proposed renovation or
construction of a public automotive motor vehicle fuel-dispensing station located in a
rural area, an applicant shall obtain a letter of approval from the local fire official
responsible for fire protection. This letter and two sets of plans, blueprints, or
drawings shall be submitted to the FPIS for examination and approval.
(i) X94.72304.7 Locations of aboveground tanks. Aboveground storage
MAR Notice No. 23-12-230 11-6/6/13
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tanks are not prohibited for private use on farms and ranches. EXCEPTION:
Pursuant to 50-3-103(6), MCA, there are no requirements regarding diked areas or
heat-actuated or other shut-off devices for storage tanks containing Class I or Class
11 liquids.
(j) 2204.7.1 2304.7.1 Disposal of Tanks. Tanks shall be disposed of in
accordance with the following:
1. through 3. remain the same.
(k) 2206 2306.2.1.1 Inventory Control is amended by adding the
following exceptions to the existing section: EXCEPTION: Other leak detection
methods as approved by the Montana Department of Environmental Quality UST
program are acceptable; and Unsupervised Dispensing requires a sign to provide an
"EMERGENCY" telephone number.
(1) 3306.6 Hazardous Materials. The maximum quantities, ste�a"
eenditions, -and fire preteGfion requirements f9F guRpawder and amMYRiVE)R stored i44
a building shall be as fellews
1. Smokeless pewdeF shall be stered in aeGerdanGe w4h 50 61 420 and 50
61-121,
2. Sm-all aFrAs pFirneFs aF peFOUSSiOR caps- shall be stared on aGGE)rdaRoe with
50 61 120 and 50 61421, MCA.
RUTH: 50-3-102, MCA
IMP: 50-3-1102, 50-3-103, MCA
RATIONALE AND JUSTIFICATION: The department has adopted the
International Fire Code (IFC), which is published every three years. The
amendments to this rule are necessary to conform to the current edition of the IFC,
add Montana-specific rules, and to promote consistency within the rules.
4. The department proposes to repeal the following rule:
23.12.420 APPROVAL OF EQUIPMENT, found at page 23-431 of the
Administrative Rules of Montana.
RUTH: 50-3-102, MCA
IMP: 50-3-102, MCA
RATIONALE AND JUSTIFICATION: This repeal is reasonably necessary to
reflect the nature of the department's duties. The department is no longer in charge
of inspecting and licensing fire extinguishers, The Department of Labor now handles
these duties. Thus, the department has no need for this rule.
5. Concerned persons may submit their data, views, or arguments
concerning the proposed action in writing to: Matt Cochenour, Department of
Justice, 215 North Sanders, P.O. Box 201401, Helena, MT 59620-1401; telephone
(406) 444-2026; Montana Relay Service 711 ; fax (406) 444-3549; or e-mail
mcochenour2@mt.gov, and must be received no later than 5:00 p.m. on July 5,
2013,
11-6/6/13 MAR Notice No. 23-12-230
-903-
6. If persons who are directly affected by the proposed action wish to express
their data, views, or arguments orally or in writing at a public hearing, they must
make written request for a hearing and submit this request along with any written
comments they have to Matt Cochenour at the above address no later than July 5,
201'3.
7. If the agency receives requests for a public hearing on the proposed action
from either 10% or 25, whichever is less, of the persons who are directly affected by
the proposed action; from the appropriate administrative rule review committee of
the Legislature; from a governmental subdivision or agency; or from an association
having not less than 25 members who will be directly affected, a hearing will be held
at a later date. Notice of the hearing will be published in the Montana Administrative
Register. The number of persons affected is at least 25.
8. The department maintains a list of interested persons who wish to receive
notices of rulemaking actions proposed by this agency. Persons who wish to have
their name added to the list shall make a written request that includes the name, e-
mail, and mailing address of the person to receive notices and specifies for which
program the person wishes to receive notices. Notices will be sent by e-mail unless
a mailing preference is noted in the request. Such written request may be mailed or
delivered to the contact person in 5 above, or may be made by completing a request
form at any rules hearing held by the department. A copy of the interested persons
request form may be printed from the Department of Justice's web site at
http://doj.mt.gov/agooffice/administrative-rules, and mailed to the rule reviewer.
9. An electronic copy of this notice is available through the Department of
Justice web site at http://doj.m,t.gov/agooffice/administrative-rules. The department
strives to make the electronic copy of this notice conform to the official version of the
notice, as printed in the Montana Administrative Register, but advises all concerned
persons that in the event of a discrepancy between the official printed text of the
notice and the electronic version of the notice, only the official printed text will be
considered. In addition, although the department strives to keep its web site
accessible at all times, concerned persons should be aware that the web site may
be unavailable during some periods, due to system maintenance or technical
problems, and that a person's difficulties in sending an e-mail do not excuse late
submission of comments.
10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
By: /s/ Tim Fox /s/ Matt Cochenour
Tim Fox Matt Cochenour
Attorney General Rule Reviewer
Department of Justice
Certified to the Secretary of State May 28, 2013.
MAR Notice No. 23-12-230 11-6/6/13
-1338-
BEFORE THE DEPARTMENT OF JUSTICE
OF THE STATE OF MONTANA
In the matter of the amendment of ARM NOTICE OF AMENDMENT
23.12.401, 23,12.402', 23,12.408, AND REPEAL
23.12.430, 23.12.501, 23.12.502,
23.12.601 , and 23.12.605 concerning
fire safety, fireworks, and Uniform Fire
Code; and the repeal of ARM 23.12.420
concerning equipment approval
TO: All Concerned Persons
1 . On June 6, 2013, the Department of Justice published MAR Notice No, 23-
12-230, pertaining to the proposed amendment and repeal of the above-stated rules
at page 897 of the 2013 Montana Administrative Register, Issue Number 11.
2. The department has amended ARM 23.12.401, 23.12.402, 23.12.408,
23,12.430, 23.12.501, 2,3.12.502, and 23.12.605 as proposed,
3. The department has amended ARM 23.12.601 as proposed, but with the
following changes from the original proposal, new matter underlined, deleted matter
interlined:
23.12.601 ADOPTION OF THE INTERNATIONAL FIRE CODE WO-9 2012
EDITION) (1) through (5)(w) remain as proposed.
(x) 5706.2.6.1( 3406.2.5.1(2) is not adopted.
(y) Appendix B - Fire Flows - is adopted.
(z) Appendix C - _Hydrants - is adopted.
as Appendix D - Access Roads: Sections D101-D105.3 - are adopted.
(ab) Appendix I - Fire Protection Systems Non-Compliant Conditions - is
adopted.
(y) Appendix A BeaFd of Appeals is not adepted.
(,�) AppeRdiX D AGGeGG Reads - seoieRs D!05.4 thFewgh D!08 are net
adopted.
(aa) Appendix E - Hazard GategeFies it Rot adepte-d-.
(ab) Appendix F= Hazard RaRkiRg is Ret adopted,
(aG) AppeRdix G - GFyegeR'G Fluids 56 Rot adepted.
(ad) Appendix H - Hai�aFdeus Materials - is net adeptedT
(ae) Appendix j - BwildiRg IRfOrmatien SigR - iS Ret adepted.
4. The department has thoroughly considered the comments and testimony
received. A summary of the comments received and the department's responses
are as follows:
COMMENT 1 : A commenter observed that, under section 101.2.1 of the IFC,
appendices are not included in the IFC unless they are specifically adopted. The
14-7/25113 Montana Administrative Register
-1330-
commenter expressed confusion as to the department's intent in including: language
that specifically did not adopt appendices and in striking language that specifically
adopted certain appendices.
RESPONSE 1 : The department agrees with the commenter that the proposed
language could lead to confusion and has clarified the rule by deleting the proposed
confusing language and by specifically adopting the appendices that are intended to
be part of Montana's fire code. The department does not believe that these changes
affect the intent or substance of the rule.
5. The department has repealed ARM 23.12.420.
By: /s/ Tim Fox /s/ Matthew T. Cochenour
Tim Fox Matthew T. Cochenour
Attorney General Rule Reviewer
Department of Justice
Certified to the Secretary of State July 15, 2013.
Montana Administrative Register 14-7/25/13
-1338-
BEFORE THE DEPARTMENT OF JUSTICE
OF THE STATE OF MONTANA
In the matter of the amendment of ARM NOTICE OF AMENDMENT
23-12,401, 23.12.402, 23.12,408, AND REPEAL
23.12,430, 23.12.501, 23.12.502,
23.12.601, and 23,12,605 concerning
fire safety, fireworks, and Uniform Fire
Code; and the repeal of ARM 23.12.420
concerning equipment approval
TO: All Concerned Persons
1. On June 6, 2013, the Department of Justice published MAR Notice No. 23-
12-230, pertaining to the proposed amendment and repeal of the above-stated rules
at page 897 of the 2013 Montana Administrative Register, Issue Number 11.
2. The department has amended ARM 23.12.401, 23.12.402, 23,12.408,
23.12.430, 23.12.501, 23.12.502, and 23.12.605 as proposed.
3. The department has amended ARM 23.12.601 as proposed, but with the
following changes from the original proposal, new matter underlined, deleted matter
interlined:
23.12.601 ADOPTION OF THE INTERNATIONAL FIRE CODE (2009 2012
EDITION) (1) through (5)(w) remain as proposed,
(x) 5706.2.5.1 ( 3406.2.5.1(2) is not adopted.
(y) Appendix B - Fire Flows - is adopted.
(z) Appendix Q - Hydrants - is adopted.
as Appendix D - Access Roads: Sections D101-D105.3 - are adopted.
(ab) Appendix I - Fire Protection Systems Non-Compliant Conditions - is
adopted.
(y) Appendix A Board of Appeals - is Pat adopted.
(��) AppeRdix D AGoess RGadG - GeGtiGRG D105.4 threugh D108 aFe not
adopted.
(aa) AppeRdix F= HazaFd GategeFies is Rat adepted-.
(ab) Appendix F - . .azaFd AaRkiRg is Rat adepted.
(aG) Appendix G - C;Fyegen!G Fluids is R^+ 1,4--+-,4
ed
(ad) Appendix H Hazardous Materials Is -d^Vt -
(ae) Appendix J - @WildiRg informatien gigR - Rat adopted.
4. The department has thoroughly considered the comments and testimony
received. A summary of the comments received and the department's responses
are as follows:
COMMENT 1 : A commenter observed that, under section 101.2.1 of the IFC,
appendices are not included in the IFC unless they are specifically adopted. The
14-7/25/13 Montana Administrative Register
-1339-
commenter expressed confusion as to the department's intent in including language
that specifically did not adopt appendices and in striking language that specifically
adopted certain appendices.
RESPONSE 1 : The department agrees with the commenter that the proposed
language could lead to confusion and has clarified the rule by deleting the proposed
confusing language and by specifically adopting the appendices that are intended to
be part of Montana's fire code. The department does not believe that these changes
affect the intent or substance of the rule.
5. The department has repealed ARM 23.12.420.
By: /s/Tim Fox /s/ Matthew T. Cochenour
Tim Fox Matthew T. Cochenour
Attorney General Rule Reviewer
Department of Justice
Certified to the Secretary of State July 15, 2013.
Montana Administrative Register 14-7/25/13