Montana Administrative Code

23.12.201 DEFINITIONS (1) "Criminal justice agency" means any state, or local government agency that performs as its principal function the administration of criminal justice, including a fire agency or fire marshal that conducts criminal investigations of fires. (2) "Initial arr…

23.12.202 PUBLIC CRIMINAL JUSTICE INFORMATION (1) Pursuant to the Criminal Justice Information Act, 44-5-101 through 44-5-602, MCA, initial offense reports and initial arrest records are public criminal justice information. Authorizing statute(s): 44-5-105, MCA Implementing statu…

23.12.203 INITIAL OFFENSE REPORTS (1) Initial offense reports should contain the following: (a) the general nature of the charges against the accused; (b) the offense location; (c) the name, age, and residence of the accused; (d) the name of the victim, unless the offense charged…

23.12.204 JUVENILE RECORDS (1) Subject to (2), the following juvenile records are available for public inspection: (a) reports of preliminary inquiries; (b) petitions; (c) motions; (d) filed pleadings; (e) court findings; (f) verdicts; and (g) orders and decrees on file with the …

23.12.301 DEFINITIONS (1) "Central criminal intelligence file" means a computer system used for collecting, reviewing, storing, referencing, indexing, and disseminating criminal intelligence information, consisting of four current databases: (a) "DCI/intel database" means a datab…

23.12.302 CONTENT OF CRIMINAL INTELLIGENCE FILES (1) Any entry of information in any criminal intelligence file must identify the suspected criminal violation of the Montana Code Annotated. (2) Neither the central criminal intelligence file nor any database maintained by the crim…

23.12.303 DESIGNATION OF CRIMINAL INTELLIGENCE INFORMATION FILES FOR PURPOSES OF DETERMINING ALLOWABLE PERIOD OF RETENTION BY CRIMINAL INTELLIGENCE INFORMATION SECTION (1) The criminal intelligence information section shall designate, based on file content, the length of time for…

23.12.304 DISSEMINATION OF INFORMATION CONTAINED IN THE CENTRAL CRIMINAL INTELLIGENCE FILE (1) Information contained in a criminal intelligence file designated as confidential shall not be disseminated without the express, written authorization of the person originally submitting…

23.12.305 PARTICIPATION OF AUTHORIZED AGENCIES WITH THE CRIMINAL INTELLIGENCE INFORMATION SECTION AND ACCESS BY AUTHORIZED AGENCIES TO CENTRAL CRIMINAL INTELLIGENCE FILES (1) No participating agency shall be granted access to information maintained by the criminal intelligence in…

23.12.401 DEFINITIONS Unless the context requires otherwise, the following definitions apply to the rules in ARM Title 23, chapter 12: (1) "Building code" means the current version of the State Building Code adopted by the Department of Labor and Industry, Building and Commercial…

23.12.402 ENFORCEMENT OF FIRE PREVENTION AND INVESTIGATION SECTION RULES (1) The FPIS shall administer and enforce in every area of the state of Montana all the provisions of the fire code and rules adopted pursuant thereto. The chief fire officials of each municipality, fire ser…

23.12.403 NOTICE OF VIOLATION (1) Upon determination by an officer of the FPIS that any person or entity is in violation of any provision of the fire code or any rule adopted pursuant thereto, the FPIS shall serve upon the person or a designated representative of the entity a not…

23.12.404 INTERPRETATION (1) Interpretations of rules adopted by the FPIS shall be made by the state fire marshal. Authorizing statute(s): 50-3-102, MCA Implementing statute(s): 50-3-102, 50-61-102, MCA History: NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1999 MAR p. 2860, Eff. 12/…

23.12.405 APPOINTMENT OF SPECIAL FIRE INSPECTORS (1) Special fire inspectors may be appointed in accordance with this section. (2) A special fire inspector may be appointed to conduct inspections and investigations when the services are deemed necessary by the Department of Justi…

23.12.406 SMOKE DETECTORS/SMOKE ALARMS IN RENTAL UNITS (1) In accordance with the Residential Landlord and Tenant Act of 1977, either an approved smoke alarm or smoke detector, or both, shall be installed by the landlord in each dwelling unit rented to another person, in accordan…

23.12.407 CERTIFICATE OF APPROVAL FOR DAY CARE CENTERS FOR 16 OR MORE CHILDREN (1) Any applicant for a license from the Department of Public Health and Human Services to operate a day care center for 16 or more children under Title 52, chapter 2, MCA, must obtain a certificate of…

23.12.408 CERTIFICATE OF APPROVAL FOR COMMUNITY HOMES (1) This rule shall govern certification for fire and life safety of all community homes for the developmentally disabled, in accordance with 53-20-307, MCA, and of all community homes for persons with severe disabilities, in …

23.12.409 THREAT OF EXPLOSIVES IN STATE BUILDINGS (1) Each department director or official in charge shall assign one individual in each building housing members of the department whose responsibilities shall be to coordinate evacuation and to practice proper procedures involving…

23.12.420 APPROVAL OF EQUIPMENT (REPEALED) Authorizing statute(s): 50-3-102, MCA Implementing statute(s): 50-3-102, MCA History: NEW, Eff. 10/5/75; AMD, Eff. 12/4/76; AMD, 1983 MAR p. 15, Eff. 1/14/83; AMD, 1985 MAR p. 936, Eff. 7/12/85; AMD, 1993 MAR p. 2953, Eff. 12/10/93; AMD,…

23.12.430 SERVICE TAGS (1) A service tag must be used to indicate when fire protection equipment is installed or when service is performed on fire protection equipment and the name of the endorsed person installing or servicing the equipment. (2) A service tag shall be of a size …

23.12.431 RULES RELATING TO THE BUILDING CODE (1) A notice of adoption or amendment by the department of a rule relating to building and equipment standards covered by the state or a municipal building code must be signed by the director of the Department of Labor and Industry. S…

23.12.501 RETAIL FIREWORKS SALE (1) Anyone engaged in the retail sale of permissible fireworks, as defined in 50-37-105, MCA, must obtain a permit if required by the applicable local jurisdiction. The provisions of this rule do not apply if a local ordinance has been adopted purs…

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 International Building Code and the IFC. Where those codes are silent, NFPA 1124 …

23.12.503 OUTDOOR DISPLAY OF FIREWORKS (1) Unless prohibited by local ordinance, supervised public displays of fireworks shall be conducted in accordance with 50-37-107, MCA, and applicable local ordinances. Where no local ordinance is in effect, the governing body of the city, t…

23.12.504 GENERAL LIABILITY INSURANCE REQUIRED FOR PUBLIC DISPLAY OF FIREWORKS (1) Any organization or group of individuals planning a public display of fireworks must provide proof to either the FPIS or the governing body of a city, town, or county, that the group has a general …

23.12.601 ADOPTION OF THE INTERNATIONAL FIRE CODE (2024 EDITION) (1) The FPIS adopts and incorporates by reference the International Fire Code 2024 Edition (2024 IFC) with the additions and amendments enumerated in this subchapter. Copies of the IFC and related materials may be o…

23.12.602 ADMINISTRATION (REPEALED) Authorizing statute(s): 50-3-102, MCA Implementing statute(s): 50-3-103, MCA History: NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 634, Eff. 3/26/04; AMD, 2005 MAR p. 260, Eff. 2/11/05; TRANS, from A…

23.12.603 ADDITIONAL DEFINITIONS (REPEALED) Authorizing statute(s): 50-3-102, 50-61-102, MCA Implementing statute(s): 50-3-102, 50-61-102, MCA History: NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 634, Eff. 3/26/04; TRANS, from ARM 23.…

23.12.604 GENERAL (REPEALED) Authorizing statute(s): 50-3-102, MCA Implementing statute(s): 50-3-103, MCA History: NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 634, Eff. 3/26/04; TRANS, from ARM 23.7.304, 2008 MAR p. 1467, Eff. 7/18/08…

23.12.605 PROCESSES (1) Chapters 23 and 57 of the IFC are adopted with the following additions and amendment: (a) 2304.5 Fuel Dispensing in Rural Areas. For public automotive motor vehicle fuel-dispensing stations located in rural areas: (b) 2304.5.1 General. When performed in th…

23.12.606 HAZARDOUS MATERIALS (REPEALED) Authorizing statute(s): 50-3-102, MCA Implementing statute(s): 50-3-102, MCA History: NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 364, Eff. 3/26/04; TRANS, from ARM 23.7.308, 2008 MAR p. 1467, …

23.12.701 PRECURSORS TO DANGEROUS DRUGS (1) The following substances are precursors to dangerous drugs, regulated by Title 50, chapter 32, part 4, MCA: (a) anhydrous ammonia; (b) barbituric acid; (c) benzoyl chloride; (d) boron tribromide; (e) boron trifluoride; (f) bromobenzene …

23.12.801 DEFINITIONS (1) "Licensed community pharmacy" means a pharmacy situated within ten miles of any place at which a licensed medical practitioner maintains an office for professional practice. (2) "Retail establishment" means the registered owner of a business that sells p…

23.12.802 RETAIL ESTABLISHMENTS ELIGIBLE TO APPLY FOR CERTIFICATION (1) A retail establishment is eligible to apply for certification with the department if: (a) it is at least 5000 square feet in size; (b) it sells 1000 separate items of product; (c) it has a secure display loca…

23.12.803 REQUIREMENTS FOR CERTIFICATION (1) An eligible retail establishment will be certified by the department after it completes the certification requirements set forth in this subchapter. (2) To be eligible for certification, a retail establishment must: (a) submit a record…

23.12.804 RECORD KEEPING REQUIREMENTS (1) Certified retail establishments selling products containing ephedrine or pseudoephedrine must keep records of the following: (a) an inventory of products containing ephedrine or pseudoephedrine purchased by the retailer. The inventory mus…

23.12.805 TRAINING REQUIREMENTS (1) Certified retail establishments shall have received training by the department or local law enforcement that covers the record keeping requirements for retail establishments, including but not limited to a record keeping system that tracks cust…

23.12.806 AUDIT COMPLIANCE (1) The department has the authority to audit the premises and records of a certified retail establishment for compliance with the Montana Code Annotated and administrative rules governing the sale of products containing ephedrine and pseudoephedrine. A…

23.12.807 FAILURE TO COMPLY (1) A retail establishment's failure to comply with the Montana Code Annotated or administrative rules governing the sale of products containing ephedrine and pseudoephedrine may result in a warning or in decertification. (2) A notice of warning or dec…

23.12.901 DEFINITIONS Unless the context indicates otherwise, the words and phrases in this subchapter have the definitions set forth in this rule. (1) "Administered kit" means a sexual assault evidence kit that has been used to collect forensic evidence from an individual. (2) "…

23.12.902 REQUIREMENT TO DESIGNATE AUTHORIZED USERS (1) A stakeholder shall designate at least two authorized users within the healthcare facility, law enforcement agency, or crime laboratory to register for and maintain a sexual assault kit tracking system account. Authorizing s…

23.12.903 PROCEDURE FOR HEALTHCARE FACILITIES TO USE THE SEXUAL ASSAULT KIT TRACKING SYSTEM (1) Within 72 hours of receiving a kit from DOJ Victim Services, a healthcare facility shall update the status of the kit in the tracking system. (2) Within 24 hours of administering a kit…

23.12.904 PROCEDURE FOR LAW ENFORCEMENT AGENCIES TO USE THE SEXUAL ASSAULT KIT TRACKING SYSTEM (1) Within 72 hours of receiving a kit from a healthcare facility or DOJ Victim Services, a law enforcement agency shall update the kit's status in the tracking system. (2) Within 72 ho…

23.12.905 PROCEDURE FOR CRIME LABORATORIES TO USE THE SEXUAL ASSAULT KIT TRACKING SYSTEM (1) Within 72 hours of receiving a kit from a law enforcement agency, a crime laboratory shall update a kit's status in the tracking system. (2) A crime laboratory shall update a kit's status…

23.12.906 NOTICE OF VIOLATION (1) A written notice of violation shall contain: (a) the date of the notice; (b) contact information for the stakeholder; (c) contact information for the department; (d) a summary of the complaint made by the department, including: (i) the specific p…

23.13.101 ORGANIZATION AND GENERAL PROVISIONS, PUBLIC INSPECTION OF ORDERS AND DECISIONS (1) The organization and function of the Public Safety Officer Standards and Training Council ("POST" or "POST Council") are described in ARM 23.1.101. (2) POST will maintain an index of all …