Montana Administrative Code

24.301.701 SCOPE OF RULES This subchapter is promulgated in order to provide rules and definitions, as required by 50-74-101 , MCA, for the safe construction, installation, operation, inspection and repair of equipment covered to Title 50, chapter 74, MCA. Title 50, chapter 74, M…

24.301.710 INCORPORATION BY REFERENCE OF BOILER AND PRESSURE VESSEL CODE The Department of Labor and Industry, referred to as department in this and all subsequent rules, adopts and incorporates by reference the following sections of the American Society of Mechanical Engineers (…

24.301.711 DEFINITIONS "Alteration" means any change in an item described on the original manufacturer's data report, which affects the pressure containing capability of the boiler. "ASME" means the American Society of Mechanical Engineers. "Boiler" means a closed vessel in which…

24.301.712 PURCHASER OF BOILER TO NOTIFY THE DEPARTMENT Section 50-74-105 , MCA, requires any person purchasing a boiler, not exempt from the rules of this subchapter, to give notification to the department, within 10 days of purchase, as to the boiler's intended location and the…

24.301.713 OPERATING CERTIFICATE Boilers shall not be placed into operation, prior to the issuance of an operating certificate by the department, as required by 50-74-206 , MCA, unless otherwise exempted by the rules of this subchapter or permission to operate the boiler on a tem…

24.301.714 FEES Prior to the department issuing an operating certificate for a boiler, the applicant shall make payment to the department the applicable fee(s) as required by 50-74-219 , MCA. The fees established are as follows: operating certificate $36 internal inspection80 ext…

24.301.715 BOILERS EXEMPTED The rules in this subchapter do not apply to: boilers under federal control; steam heating boilers operated at not over 15 psig in private residences or apartments of six or less families or whenever a single boiler provides heat for six or less apartm…

24.301.716 SPECIAL BOILER INSPECTOR CERTIFICATION AND IDENTIFICATION CARD Application for certification as a special boiler inspector shall be made to the department on forms provided by the department, as required by 50-74-202 , MCA. The applicant for special boiler inspector ce…

24.301.717 INSURANCE COMPANY TO PROVIDE WRITTEN NOTIFICATION TO THE DEPARTMENT OF CHANGE IN BOILER STATUS To meet the requirements of 50-74-202 , MCA, insurance companies shall notify the department, in writing, of any change in the status of the boilers it insures, including but…

24.301.718 BOILER INSPECTIONS The requirements imposed by 50-74-206 and 50-74-209, MCA, regarding the requirements for boiler inspections, shall be as follows: All boilers not exempted from the rules of this subchapter are to be inspected prior to being placed into operation, unl…

24.301.719 ASSIGNMENT OF STATE IDENTIFICATION NUMBER At the time of the initial boiler inspection, the state boiler inspector will assign and apply to the boiler a state identification number as directed by the department. Each steel boiler will be stamped by the inspector, utili…

24.301.720 MINIMUM CONSTRUCTION STANDARDS FOR BOILERS All new boilers, unless otherwise exempt, to be operated in this state, shall be designed and constructed in accordance with the ASME code(s) adopted and incorporated in ARM 24.301.710. The department, at its discretion, may r…

24.301.721 BOILER SAFETY APPLIANCES All boiler safety appliances shall be maintained in good working order or replaced with appliances which meet the standards and requirements imposed by the ASME code(s) . Repair of safety appliances shall be made in accordance with established …

24.301.722 BOILER REPAIRS Boiler repairs shall be made in accordance with established standards, procedures and the ASME code(s) adopted and incorporated in ARM 24.301.710. The department, at its discretion, may require documentation which verifies repairs were completed in compl…

24.301.723 BOILER ALTERATIONS Alterations to boilers shall be made in accordance with the established standards, procedures and the ASME code(s) adopted and incorporated in ARM 24.301.710. Alterations to boilers shall not be initiated without authorization of the department or sp…

24.301.724 TRACTION ENGINES Traction engines shall not be placed into operation prior to the issuance of an operating certificate by the department, unless written permission is obtained from the department to operate the traction engine on a temporary basis. Every traction engin…

24.301.801 ADOPTION BY REFERENCE OF ARM 37.111.1115--REVIEW OF PLANS (REPEALED) Authorizing statute(s): 50-60-203, MCA Implementing statute(s): 50-53-103, 50-60-104, MCA History: NEW, 1997 MAR p. 44, Eff. 1/17/97; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2006 MAR p. 567, Eff.…

24.301.901 SCOPE OF RULES The access requirements established in the currently adopted edition of the state building code and the joint international code committee/American national standards institute (ICC/ANSI) standard, ICC/ANSI A117.1, are utilized as the basis for establish…

24.301.902 DISCLAIMER A building permit or certificate of occupancy issued by the state or a municipality or county must contain a statement that reads: "Compliance with the requirements of the state building code for physical accessibility to persons with disabilities does not n…

24.301.903 BUILDING ACCESSIBILITY Section 1109, Special Occupancies, IBC, is amended to clarify that not every restroom installed in a building or structure is required to be accessible as long as the required facilities are accessible and reasonably available from all areas of t…

24.301.904 SITE ACCESSIBILITY Section 50-60-213, MCA, requires that construction of a public building or alteration of primary function areas of a public building, which have not been issued a legal building permit prior to October 1, 1997, include compliance with the requirement…

24.301.905 GUIDELINES FOR COMPLIANCE WITH REQUIREMENTS FOR EXTERIOR ACCESSIBLE ROUTE AND PARKING SPACE The following guidelines for providing an accessible exterior route and parking spaces are not inclusive of all means for achieving compliance but may be utilized to meet the es…

24.31.101 FUNCTION OF THE DIVISION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 53-9-104 (1) (a) MCA Implementing statute(s): Sec. 53-9-104 (1) (a) MCA History: NEW, 1978 MAR p. 194, Eff. 2/25/78; REP, 1996 MAR p. 562, Eff. 3/1/96.

24.31.401 REPORTING, COMPENSATION PAYMENTS, MEDICAL INFORMATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 53-9-104 (1) (a) MCA Implementing statute(s): 53-9-104 (1) (a) MCA History: NEW, 1978 MAR p. 194, Eff. 2/25/78; REP, 1996 MAR p. 562, Eff. 3/1/96.

24.31.402 INFORMAL HEARING PROCEDURES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 53-9-122 MCA Implementing statute(s): 53-9-122 MCA History: NEW, 1978 MAR p. 194; Eff. 2/25/78; REP, 1996 MAR p. 562, Eff. 3/1/96.

24.320.301 CARBON MONOXIDE DETECTOR STANDARD The department provides the following standard for the location, number, and type of approved carbon monoxide detectors required to be installed in dwelling units as provided by 70-20-113 and 70-24-303, MCA, of the Landlord Tenant Act:…

24.321.301 DEFINITIONS As used in this subchapter, the following definitions apply: "Accessory structure" means a building or structure utilized for sheltering equipment or materials, or for other uninhabitable occupancy purposes. "Approved" means acceptable to the code official …

24.321.302 APPLICABILITY AND ENFORCEABILITY For the purposes of this subchapter and pursuant to 50-60-901, MCA, the department provides the following construction techniques that may be used individually or in combination by a local government to mitigate identified fire hazards …

24.321.303 PREMISES IDENTIFICATION The address of the building shall be plainly visible and legible from the building's primary access road adjacent to the property. Authorizing statute(s): 50-60-901, MCA Implementing statute(s): 76-3-504, MCA History: NEW, 2011 MAR p. 319, Eff. …

24.321.304 SMOKE DETECTION All habitable structures shall have smoke alarms installed that meet or exceed the provisions for smoke detection and notification found in either the latest adopted edition of the IRC or the IBC, whichever applies to the type of structure. Authorizing …

24.321.305 ROOF AREAS Roof coverings shall have at least a Class B roof assembly or an approved noncombustible roof covering. If the profile of the covering is such that a space is present between the covering and the roof decking, the space at the eave ends shall be fire-stopped…

24.321.306 CHIMNEYS AND FLUES An approved spark arrester constructed of a minimum 12-gauge welded-wire or woven-wire mesh, with openings not exceeding 1/2 inch shall be installed on every fireplace and wood stove chimney and flue. Authorizing statute(s): 50-60-901, MCA Implementi…

24.321.307 GUTTERS AND DOWNSPOUTS Gutters and downspouts shall be constructed of noncombustible materials and shall prevent the accumulation of leaves and debris by an approved method. If a structure is not located in a designated WUI, this rule does not apply. Authorizing statut…

24.321.308 EXTERIOR AREAS In structures where the window to exterior wall area exceeds 20 percent (i.e., more than 20 percent of all exterior wall areas is comprised of exterior windows or window walls), the exterior windows, window walls, glazed doors, glazing within exterior do…

24.321.309 VENTS Ventilation openings in vertical exterior walls, attics, foundations, or underfloor areas shall not exceed 144 square inches each. Attic ventilation openings shall not be located in soffits, eave overhangs, between rafters at eaves, or other overhang areas. Gable…

24.321.310 UNENCLOSED UNDERFLOOR AREAS All underfloor areas shall be enclosed to the ground in the same manner as required for exterior walls in ARM 24.321.308, unless such unenclosed areas are protected with either one-hour fire-resistance-rated construction or heavy timber cons…

24.321.311 ACCESSORY STRUCTURES An accessory structure without a complete exterior wall system enclosing the area under the roof or above the floor that is attached to buildings with habitable spaces and projections (e.g., decks), shall be a minimum of one-hour fire-resistance-ra…

24.321.312 STORAGE TANKS Propane tanks and other flammable or combustible liquids storage shall be buried underground. If soil or subsoil conditions prohibit complete burial, then tanks shall be partially covered by at least one foot of earth, sand, or other noncombustible materi…

24.321.313 WATER SOURCES – PRIVATE WELLS Structures served by a private well shall have the pump wired on a separate circuit or disconnect to allow the pump to remain energized if the main disconnect to the structure is disconnected or turned off. Authorizing statute(s): 50-60-90…

24.33.101 CONTRACTOR REGISTRATION APPLICATION REQUIREMENTS (REPEALED) Authorizing statute(s): 39-9-103, MCA Implementing statute(s): 39-9-102, 39-9-201, MCA History: NEW, 2012 MAR p. 994, Eff. 5/11/12; REP, 2018 MAR p. 720, Eff. 4/14/18.

24.33.111 ADDITIONAL APPLICATION INFORMATION (REPEALED) (REPEALED) Authorizing statute(s): 39-9-103, MCA Implementing statute(s): 39-9-201, MCA History: NEW, 2012 MAR p. 994, Eff. 5/11/12; REP, 2024 MAR p. 1072, Eff. 5/11/24.

24.33.121 CONSTRUCTION CONTRACTOR APPLICATIONS AND FEES (REPEALED) (REPEALED) Authorizing statute(s): 39-9-103, MCA Implementing statute(s): 39-9-206, MCA History: NEW, 1995 MAR p. 2146, Eff. 10/13/95; AMD, 1998 MAR p. 2877, Eff. 11/1/98; AMD, 2005 MAR p. 967, Eff. 6/17/05; AMD, …

24.33.131 EVIDENCE OF COMPLIANCE WITH LAWS (REPEALED) (REPEALED) Authorizing statute(s): 39-9-103, MCA Implementing statute(s): 39-9-201, MCA History: NEW, 1995 MAR p. 2146, Eff. 10/13/95; AMD, 1998 MAR p. 2877, Eff. 11/1/98; AMD, 2012 MAR p. 994, Eff. 5/11/12; AMD, 2018 MAR p. 7…

24.33.135 SUSPENSION OF CONSTRUCTION CONTRACTOR REGISTRATION (REPEALED) (REPEALED) Authorizing statute(s): 39-9-103, MCA Implementing statute(s): 39-9-204, 39-9-301, 39-9-401, MCA History: NEW, 2018 MAR p. 720, Eff. 4/14/18; AMD, 2024 MAR p. 1072, Eff. 5/11/24; REP, 2025 MAR, Not…

24.33.141 ACCEPTABLE FORMS OF SECURITY (IS HEREBY REPEALED) Authorizing statute(s): 39-3-702 and 39-9-103, MCA Implementing statute(s): 39-3-703 and 39-9-203, MCA History: NEW, 1995 MAR p. 2146, Eff. 10/13/95; REP, 1998 MAR p. 2877, Eff. 11/1/98.

24.33.142 REPORTING CERTIFICATE CHANGES (REPEALED) (REPEALED) Authorizing statute(s): 39-9-103, MCA Implementing statute(s): 39-9-201, 39-9-206, 39-9-301, 39-9-303, MCA History: NEW, 2012 MAR p. 1148, Eff. 5/11/12; AMD, 2018 MAR p. 720, Eff. 4/14/18; AMD, 2024 MAR p. 1072, Eff. 5…

24.33.151 CERTIFICATES OF REGISTRATION (REPEALED) (REPEALED) Authorizing statute(s): 39-9-103, MCA Implementing statute(s): 39-9-204, MCA History: NEW, 2012 MAR p. 994, Eff. 5/11/12; AMD, 2018 MAR p. 720, Eff. 4/14/18; AMD, 2024 MAR p. 1072, Eff. 5/11/24; REP, 2025 MAR, Notice No…

24.33.401 DEFINITIONS (REPEALED) (REPEALED) Authorizing statute(s): 39-9-102, 39-9-212, MCA Implementing statute(s): 39-9-212, MCA History: NEW, 2019 MAR p. 2121, Eff. 11/23/19; AMD, 2024 MAR p. 1192, Eff. 5/25/24; REP, 2025 MAR, Notice No. 2025-146, Eff. 1/1/26.

24.33.416 APPROVAL OF APPLICATIONS (REPEALED) (REPEALED) Authorizing statute(s): 39-9-103, 39-9-212, MCA Implementing statute(s): 39-9-212, MCA History: NEW, 2019 MAR p. 2121, Eff. 11/23/19; AMD, 2024 MAR p. 1192, Eff. 5/25/24; REP, 2025 MAR, Notice No. 2025-146, Eff. 1/1/26.

24.33.421 REGISTRATION REQUIRED FOR SUBCONTRACTORS AND INDEPENDENT CONTRACTORS (REPEALED) (REPEALED) Authorizing statute(s): 39-9-103, 39-9-212, 39-71-203, MCA Implementing statute(s): 39-9-212, 39-71-417, MCA History: NEW, 2019 MAR p. 2121, Eff. 11/23/19; AMD, 2024 MAR p. 1192, …