Montana Administrative Code

24.301.1201 APPLICABILITY OF STATE STATUTES AND ADOPTED ADMINISTRATIVE RULES These rules and standards are based on the provisions of Title 50, chapter 60, MCA, to carry out the statutory provisions relating to the manufacture and sale of factory-built buildings and components th…

24.301.1203 INCORPORATION BY REFERENCE OF INTERNATIONAL CODE COUNCIL AND MODULAR BUILDING INSTITUTE STANDARDS The department adopts and incorporates by reference the International Code Council and Modular Building Institute 1200 Standard for Off-site Construction: Planning, Desig…

24.301.1205 DEFINITIONS "Bureau" means the Building and Commercial Measurements Bureau of the Department of Labor and Industry. "Factory-built building" has the meaning provided in 50-60-101, MCA, and includes "Industrialized Building" and "Industrialized Housing" as defined in c…

24.301.1207 USE OF MOBILE HOMES AND RECREATIONAL VEHICLES FOR COMMERCIAL OR BUSINESS OCCUPANCY PROHIBITED--EXCEPTION Mobile homes and recreational vehicles are designed only to meet building code requirements applicable to mobile homes used as residences and recreational vehicles…

24.301.1211 BUREAU INSPECTORS All bureau inspectors, meaning those employed or contracted by the bureau, shall have a working knowledge of the specified editions of the adopted model codes and shall not be under the control of any listing agency, testing agency, third-party inspe…

24.301.1213 APPROVAL OF THIRD-PARTY INSPECTION AGENCY Third-party inspection agencies shall meet the requirements of Section 401 of the ICC/MBI 1205 Standard as adopted by the department. Third-party inspection agencies shall apply on an application form supplied by the departmen…

24.301.1215 INSPECTION OF RETAILER Bureau inspectors are authorized to enter any premises in Montana where units are sold or offered for sale with or without prior announcement. The bureau inspector may make visual inspections as necessary to determine whether units are being sol…

24.301.1217 MANUFACTURER REGISTRATION Each manufacturer shall obtain approval from the department and be subject to Section 601 of the ICC/MBI 1205 Standard as adopted by the department. Manufacturers applying for model plan review per [NEW RULE V (24.301.1221), once approved, wi…

24.301.1221 APPLICATION FOR MODEL PLAN REVIEW Any manufacturer of modular buildings or modular building components shall apply to the bureau for plan review of a model or model group before construction. The application for model plan review shall include the following: the appli…

24.301.1223 IN-PLANT QUALITY ASSURANCE MANUAL The manufacturer shall submit a quality assurance manual outlining a program of quality assurance prior to or with the manufacturer's first request for plan review, including the quality assurance manual review fee required by ARM 24.…

24.301.1225 NONCONFORMING APPLICATION AND PLANS If the submitted applications or plans do not conform with these rules, the bureau shall send the applicant a written plan correction notice within 30 business days of the bureau's receipt of the application or plans. The plan corre…

24.301.1227 CHANGES TO REVIEWED PLANS Where the manufacturer proposes changes in the construction, plumbing, mechanical, or electrical equipment or installations, or where these rules are amended to necessitate such change, an application for revision and one set of supplemental …

24.301.1231 PLAN RENEWAL Except as established in ARM 24.301.1233 for original plan approvals, the manufacturer shall apply for plan renewal for the following year prior to the December 31 expiration date of each year shown on the permit. At the time of renewal, plans which have …

24.301.1233 PLAN REVIEW REVOCATION A plan review issued by the bureau shall remain in effect through December 31 of the year following the original year of approval and through December 31 of each subsequent year of renewal as established in ARM 24.301.1231 or until withdrawn or …

24.301.1235 RECIPROCITY Any unit manufactured in a reciprocal state which has been reviewed as meeting the standards of that state shall be deemed to meet the standards of the state of Montana. Reciprocal status shall be granted to other states at the discretion of the bureau. In…

24.301.1237 TRANSMISSION OF REVIEW MATERIALS TO RECIPROCAL STATE Plan review, panelized system reviews, and/or quality assurance manual reviews may be transmitted to a reciprocal state for approval in the following manner: A manufacturer shall make a written request to the bureau…

24.301.1241 INSIGNIA OF APPROVAL – WHEN REQUIRED All units manufactured or delivered prior to sale or sold or offered for sale in Montana shall bear an insignia of approval and if applicable the insignia of a reciprocal state or the certified third-party inspection agency. Each i…

24.301.1243 APPLICATION FOR INSIGNIA PURSUANT TO PLAN REVIEW The unit manufacturer shall apply for an insignia of approval for each individual unit manufactured. The application shall be submitted to the bureau on the proper bureau form, including the insignia fees as required by…

24.301.1245 EFFECT OF INSIGNIA OF APPROVAL All units bearing the insignia of approval or the insignia of a reciprocal state pursuant to the provisions of ARM 24.301.1241 through ARM 24.301.1249 shall be acceptable as meeting the requirements of Title 50, chapter 60, MCA, througho…

24.301.1247 LOST, DAMAGED, OR VOID INSIGNIA If an insignia of approval becomes lost, damaged, or void, the manufacturer shall notify the bureau, in writing, as soon as practicable. Upon notification from the manufacturer that an insignia of approval has been damaged or lost, the …

24.301.1249 ALTERATION OR REVISION OF A UNIT BEARING INSIGNIA Any manufacturer or retailer proposing to alter or revise a unit bearing insignia of approval prior to or during the installation shall apply to the bureau. An application shall include: make and model of the unit; ser…

24.301.1261 IN-STATE PLAN AND SYSTEM REVIEW FEES FOR FACTORY-BUILT BUILDINGS The following are the plan and system review fees to be charged by the department: Quality control manual review: $20 Third-party inspection agency application review: $20 Units with one or two parts: st…

24.301.1263 INSIGNIA OF APPROVAL FEES The fee for an insignia of approval for a factory-built building is $40 per section. This fee covers the building construction, plumbing, electrical, and mechanical. Authorizing statute(s): 50-60-104, 50-60-203, 50-60-401, MCA Implementing st…

24.301.1265 MISCELLANEOUS FEES Field technical service fees are as follows: Forty-five dollars for services up to one hour in duration; and Twenty dollars for every additional 30 minutes, or fractional amount thereof, after the first hour of service. Out-of-state manufacturers ma…

24.301.1271 NOTICE OF VIOLATIONS When an inspection reveals that a unit is in violation of any provisions of Title 50, chapter 60, MCA, or the applicable rules, the bureau shall send the manufacturer a written notice of violation. Upon service of the notice of violation, the bure…

24.301.1273 VIOLATION AND HEARINGS Any person aggrieved by a notice, order, or decision of the bureau under this subchapter, including a manufacturer who has received a notice of violation under ARM 24.301.1271, may request a hearing within 14 days of the bureau's service of the …

24.301.131 INCORPORATION BY REFERENCE OF INTERNATIONAL BUILDING CODE The department adopts and incorporates by reference the International Building Code, 2021 edition, unless another edition is specifically stated, together with Appendix Chapter C (Group U - Agricultural Building…

24.301.134 OPTIONAL APPENDIX CHAPTERS FOR LOCAL GOVERNMENT ADOPTION The following appendix chapters of the International Building Code are adopted for use by local governments, in part or in whole, if the local government has specifically provided for their adoption. These append…

24.301.138 CALCULATION OF FEES International Building Code (IBC) Section 109.2, Schedule of Permit Fees, is modified for use by the department with the following additions: Permit fees. The fee for each building permit is established in Table 109.2. Plan review fees. When submitt…

24.301.139 INVESTIGATION FEES ASSESSED FOR WORK COMMENCING WITHOUT BUILDING PERMIT In accordance with subsection 109.4 of the International Building Code and pursuant to the requirements of fees being commensurate with costs, the department may assess an investigation fee for any…

24.301.1401 DEFINITIONS “Applicant” means any person applying for a building permit from the department pursuant to the State Building Code. “Application” means the forms and materials required to complete a request for a building permit from the department. “Building permit” mea…

24.301.1403 BUILDING PERMIT APPLICATION An applicant shall submit an application to the department for a building permit for any non-exempt building being built, remodeled, moved, or undergoing a change of use. The application shall be completed on forms provided by the departmen…

24.301.1405 BUILDING PLANS An application for a building permit shall include building plans and specifications drawn to scale. The building plans shall clearly indicate the location, nature, and extent of work proposed, and the building plans shall show conformity with the State…

24.301.1407 FIRE PREVENTION REVIEW The Department of Justice may submit comments within seven days of the notification of a complete application under ARM 24.301.1403. Authorizing statute(s): 50-60-203, MCA Implementing statute(s): 50-60-101, 50-60-102, 50-60-103, 50-60-108, 50-6…

24.301.1409 APPLICATION APPROVAL, MODIFICATION, OR DENIAL If an application includes a variance request, or the department begins initial review of the application and concludes that a variance request is necessary to issue a building permit, the department shall process the appl…

24.301.1411 VARIANCE REQUEST Where a variance request is necessary to issue a building permit the department shall allow the applicant a reasonable time to submit the following: a variance request that includes the building code being varied; a statement of undue hardship; and al…

24.301.1413 HEARING PROCEDURE A variance request and a request for hearing pursuant to 50-60-206, MCA, are considered a request for declaratory ruling by the department regarding the application of a particular provision of the State Building Code to the application. The departme…

24.301.142 MODIFICATIONS TO THE INTERNATIONAL BUILDING CODE APPLICABLE ONLY TO THE DEPARTMENT'S CODE ENFORCEMENT PROGRAM The following modifications to the International Building Code (IBC) are applicable only to the department's building code enforcement program. The referenced …

24.301.146 MODIFICATIONS TO THE INTERNATIONAL BUILDING CODE APPLICABLE TO BOTH THE DEPARTMENT'S AND LOCAL GOVERNMENT CODE ENFORCEMENT PROGRAMS The following modifications to the International Building Code are applicable to both the department's building code enforcement program …

24.301.151 EFFECTIVE DATE OF INTERNATIONAL BUILDING CODE (REPEALED) Authorizing statute(s): 50-60-203, MCA Implementing statute(s): 50-60-203, MCA History: NEW, 2002 MAR p. 2656, Eff. 9/27/02; REP, 2004 MAR p. 571, Eff. 3/12/04.

24.301.154 INCORPORATION BY REFERENCE OF INTERNATIONAL RESIDENTIAL CODE The International Residential Code (IRC) is a nationally recognized model code setting forth minimum standards and requirements for detached one- or two-family dwellings and multiple single-family dwellings (…

24.301.158 EFFECTIVE DATE OF INTERNATIONAL RESIDENTIAL CODE (REPEALED) Authorizing statute(s): 50-60-203, MCA Implementing statute(s): 50-60-203, MCA History: NEW, 2002 MAR p. 2656, Eff. 9/27/02; REP, 2004 MAR p. 571, Eff. 3/31/04.

24.301.160 INCORPORATION BY REFERENCE OF THE MODEL ENERGY CODE (REPEALED) Authorizing statute(s): 50-60-201, 50-60-203, 50-60-803, MCA Implementing statute(s): 50-60-201, 50-60-203, 50-60-803, MCA History: NEW, 1978 MAR p. 66, Eff. 1/26/78; TRANS, from Dept. of Admin. , Ch. 352, …

24.301.161 INCORPORATION BY REFERENCE OF INTERNATIONAL ENERGY CONSERVATION CODE The department adopts and incorporates by reference the International Code Council’s International Energy Conservation Code, 2021 Edition, referred to as the International Energy Conservation Code, un…

24.301.162 ENERGY LABELING STICKERS Where the energy labeling sticker is required by 50-60-803.htm" target="MCA" style="text-decoration:none">50-60-803 , MCA, the labeling sticker shall describe the energy efficiency components of the home. The builder or representative shall sig…

24.301.170 INCORPORATION BY REFERENCE OF UNIFORM MECHANICAL CODE (REPEALED) Authorizing statute(s): 50-60-104, 50-60-201, 50-60-203, 50-60-508, MCA Implementing statute(s): 50-60-103, 50-60-104, 50-60-201, 50-60-203, MCA History: NEW, Eff. 3/1/75; AMD, Eff. 4/4/77; AMD, 1979 MAR …

24.301.171 INCORPORATION BY REFERENCE OF INTERNATIONAL EXISTING BUILDING CODE The department adopts and incorporates by reference the International Existing Building Code (IEBC), 2021 edition, which may be used as an alternate prescriptive method(s) for the remodel, repair, alter…

24.301.172 INCORPORATION BY REFERENCE OF INTERNATIONAL MECHANICAL CODE The department adopts and incorporates by reference the International Mechanical Code (IMC), 2021 edition, published by the International Code Council, unless another edition is specifically stated, together w…

24.301.173 INCORPORATION BY REFERENCE OF INTERNATIONAL FUEL GAS CODE The department adopts and incorporates by reference the International Fuel Gas Code, 2021 edition, published by the International Code Council, IFGC, unless another edition is specifically stated, together with …

24.301.175 INCORPORATION BY REFERENCE OF INTERNATIONAL SWIMMING POOL AND SPA CODE (ISPSC) The department adopts and incorporates by reference the International Swimming Pool and Spa Code, 2021 edition, published by the International Code Council, unless another edition is specifi…