Title 50, Title 50

The department may hold hearings relating to the administration of parts 1 through 7 in accordance with the Montana Administrative Procedure Act.

(1) Except as provided in subsection (6), as allowed by Title 50, chapter 60, part 3, the examination, approval, or disapproval of plans and specifications, the issuance and revocation of building permits, licenses, certificates, and similar documents, the inspection of buildings…

(1) A certificate of occupancy for a building constructed in accordance with the provisions of the state building code or county, city, or town building code must certify that the building conforms to the requirements of the building regulations applicable to it. (2) Every certif…

Any person who desires to construct a building which is subject to the provisions of parts 1 through 4 must apply for a permit from the appropriate authorities.

(1) The construction or use of the building in violation of any provision of the state building, plumbing, elevator, or electrical code or county, city, or town building code or of any lawful order of a state building official or a local building department may be enjoined by a j…

Any person served with an order pursuant to the provisions of parts 1 through 7 who fails to comply with the order not later than 30 days after service or within the time fixed by the department or a local building department for compliance, whichever is the greater, or any owner…

(1) There is a building codes council for the purpose of assisting the department with the application, implementation, and interpretation of the state building code and building codes adopted by counties, cities, or towns. The council shall work cooperatively with the department…

(1) There is a building codes education program administered by the department for the purpose of providing continuing education in building code standards and other related topics to interested persons in the construction industry and in regulatory agencies of state and local go…

(1) The department shall, in cooperation with the Montana chapter of the international conference of building officials, develop a process and procedure for: (a) achieving, to the greatest extent possible, knowledge and acceptance of the department's interpretations by affected p…

(1) The department shall accept for examination and approval or disapproval all model construction plans for single-family dwellings submitted to the department. (2) Once a model construction plan has been approved, the department shall indicate in writing on the approved plan th…

(1) If the department or local building department delays the issuance of a building permit beyond the standard review period of a complete application, or stops work on a construction project because of noncompliance with the state building code adopted pursuant to 50-60-203 or …

The department and local building departments are exempt from the provisions of Title 75, chapter 1, parts 1 and 2, for an analysis of greenhouse gases from a covered product or appliance, as defined by 42 U.S.C. 6292, for the adoption or enforcement of the state building code or…

The state building code must be designed to effectuate the general purposes of parts 1 through 4 and the following specific objectives and standards to: (1) provide reasonably uniform standards and requirements for construction and construction materials consistent with accepted …

The department is the only state agency that may promulgate building regulations as defined in 50-60-101, except the department of justice may promulgate regulations relating to use of buildings and installation of equipment. The state fire prevention and investigation section of…

(1) (a) The department shall adopt rules relating to the construction of, the installation of equipment in, and standards for materials to be used in all buildings or classes of buildings, including provisions dealing with safety, accessibility to persons with disabilities, sanit…

(1) Except as provided in subsection (2), a rule, amendment, or repeal of the state building code is a matter of significant public interest for purposes of 2-3-103 and may not take effect until after a public hearing by the department. (2) If a hearing with adequate public notic…

(1) If a county, city, or town does not adopt a building code as provided in 50-60-301, the state building code applies within the county, city, or town and the state will enforce the code in these areas. (2) Any provision of a building code requiring the installation or maintena…

(1) The department has the power, on satisfactory proof after a public hearing, to: (a) vary or modify, in whole or part, the application of any provision or requirement of the state building code if strict compliance would cause any undue hardship; but no variance or modificatio…

(1) The construction of a public building or alteration to a primary function area of a public building must be inspected for physical accessibility to persons with disabilities. (2) The inspection must include the building site, including applicable exterior features, such as pa…

A building permit or certificate of occupancy issued by the state or by a county, city, or town must contain a statement that reads: "Compliance with the requirements of the state building code for physical accessibility to persons with disabilities does not necessarily guarantee…

(1) Except as provided in subsection (6), for a public building, an accessible exterior route must be provided from public transportation stops located within the boundary of the building site, from accessible parking and accessible passenger loading zones within the boundaries o…

(1) An alteration that affects or could affect the use of or access to a primary function area in a public building must be made to ensure, to the extent possible, that the path of travel to the altered primary function area and the restrooms, telephones, and drinking fountains s…

(1) The local legislative body of a county, city, or town may adopt a building code to apply to the county, city, or town by an ordinance or resolution, as appropriate: (a) adopting a building code; or (b) authorizing the adoption of a building code by administrative action. (2) …

(1) A county, city, or town may not enforce a building code unless: (a) the code enforcement program has been certified by the department as in compliance with applicable statutes and department certification rules; (b) the current adopted code, a current list of fees to be impos…

(1) If a county, city, or town adopts a building code, it shall also establish an appeal procedure by ordinance or resolution, as appropriate, that is acceptable to the department. (2) If a county, city, or town does not adopt a code, appeals on the application of the state build…

(1) A city or town that adopts a building code under this chapter may enforce its building code only within the incorporated limits of the city or town. (2) A county may adopt a building code under this chapter on a countywide basis unless a city or town within the county has ado…

The department may adopt by reference nationally recognized construction standards, in whole or in part, for the construction of factory-built buildings, but this does not prevent the department from adopting rules more stringent than those contained in the national standards.

(1) A person, firm, or corporation may not manufacture, sell, or offer for sale any new factory-built building unless the factory-built building and its components, systems, and appliances have been constructed and assembled in accordance with the standards defined in this part. …

The department may use independent testing laboratories or the agencies of other states to determine if approved models of factory-built buildings are being constructed in accordance with the approved plans and specifications for those models.

(1) The provisions of this chapter apply to factory-built modular or prebuilt homes or buildings. (2) A county, city, or town may regulate the construction of factory-built modular or prebuilt homes or buildings as provided in 50-60-106 if: (a) the homes or buildings are construc…

It is hereby declared that the public health and welfare require that minimum standards for the planning, installing, altering, extending, repairing, and maintaining of plumbing systems be established for the protection of the people of the state.

This part may not be construed as imposing any penalty on a person for hiring or contracting with an unlicensed person to do work in the field of plumbing. However, a person who engages in the field of plumbing at a time when the person is not duly licensed is subject to the pena…

This part shall not be construed to apply to or to affect plumbing installations in any mines, mills, smelters, refineries, public utilities, railroads, or plumbing installations on farms having their own individual water supply or sewage disposal system.

The department of labor and industry shall by rule prescribe minimum standards that are uniform for all plumbing installations or maintenance, except those that are exempt under 50-60-503.

(1) It is unlawful for any person to engage in the business, trade, or work of installing, removing, altering, or repairing plumbing and drainage systems or parts of plumbing and drainage systems without first obtaining a permit from the department of labor and industry. (2) A se…

(1) A permit is not required for any minor replacement or repair work, the performance of which does not have a significant potential for creating a condition hazardous to public health and safety. (2) A permit is not required where the installation is exempt under the provisions…

(1) A person required to apply for a permit shall apply on a form provided by the department of labor and industry or its authorized representative. The applicant shall give a description of the character of the work proposed to be done and the location, ownership, occupancy, and…

(1) The department of labor and industry shall establish permit fees in accordance with the Montana Administrative Procedure Act, and the fees must be deposited to the state special revenue fund of the department for use in the administration and enforcement of this part and the …

A person who commences any work for which a permit is required without first obtaining a permit shall, if subsequently allowed to obtain a permit, pay double the permit fee for the work, except that this provision does not apply to emergency work when it is proved to the satisfac…

All plumbing and drainage systems may be inspected by the department of labor and industry or an authorized representative or by a county, city, or town certified to perform an inspection pursuant to 50-60-302 in order to ensure compliance with the requirements of the state plumb…

(1) It is the duty of the person doing work authorized by the permit to notify the department of labor and industry, orally or in writing, that the work is ready for inspection. The notification must be given not less than 24 hours before the work is to be inspected. (2) It is th…

Whenever any work is being done contrary to the provisions of the state plumbing code, the department of labor and industry or its authorized representative may, after a hearing conducted under the provisions of the Montana Administrative Procedure Act, order work stopped by noti…

The department of labor and industry may suspend or revoke a permit whenever it is issued in error or on the basis of incorrect information supplied or whenever work performed under the permit is in violation of any of the provisions of Title 37, chapter 69 or this part.

The district court of any county has jurisdiction in equity, on application of the department of labor and industry, to restrain from connection any new plumbing installations on finding, after a hearing, that the plumbing is inferior to the standards of the state plumbing code.

A person who works in the field of plumbing or maintains or conducts a plumbing business or an individual who connects or disconnects plumbing from a public water or sewer system in violation of any provisions of this part or at a time when the person is not exempt from the provi…

The purpose of this part is to protect the health and safety of the people of this state from the danger of electrically caused shocks, fires, and explosions; to protect property from the hazard of electrically caused fires and explosions; to establish a procedure for determining…