Title 50, Title 50

(1) If the fire prevention and investigation section of the department of justice, an officer of the section, or any other person identified in 50-62-101, upon an examination or inspection, determines that a building or other structure constitutes a public nuisance for any reason…

(1) The owner of any building condemned or any occupant or lessee upon whom the condemnation notice or order is served, within 20 days from the date of service, may file with the clerk of the district court and serve upon the department of justice or any officer mentioned in 50-6…

If no answer is so filed and served, the owner and all other persons in interest shall be deemed to be in default, and thereupon the court shall affirm the order of condemnation and direct the department of justice or other officer to proceed with the enforcement thereof.

(1) The court, upon application of the department of justice or any officer mentioned in 50-62-101, shall make its order fixing a time and place for such hearing, which time shall be within 20 days from the date of the filing of the answer or as soon thereafter as the matter may …

(1) If the owner or other party in interest shall fail to comply with the order of condemnation of a building or structure within the time fixed by the court in case a trial is had therein, then the department of justice or any other officer authorized in 50-62-101 may proceed to…

If the owner or occupant feels aggrieved by an order of an officer under this chapter, the owner or occupant may appeal to the department of justice within 24 hours and the cause of the complaint must be investigated, in a timely manner, by direction of the department. Unless the…

An owner or occupant of buildings or premises who fails to comply with the orders of the authorities named in this chapter shall be guilty of a misdemeanor and shall be fined not less than $10 or more than $500 for each day's neglect.

(1) When the storage of class I or class II liquids, as defined in the fire code adopted by the department of justice, in a tank on a farm or ranch is not in compliance with rules promulgated by the department of justice, the person making the inspection or the department shall s…

In the performance of the duties imposed by the provisions of this chapter, officers of the department of justice may, as authorized by law, enter upon and examine any building or premises where a fire has occurred and other buildings and premises adjoining or near thereto.

Except as provided in 76-13-905, a person who sets or leaves a fire that spreads and damages or destroys property of any kind not belonging to the person is subject to a civil penalty of not less than $50 or more than $500.

Except as provided in 50-63-104 and 76-13-905, a person who sets or leaves a fire that spreads and damages or destroys property of any kind not belonging to the person is liable for all damages caused by the fire, and an owner of property damaged or destroyed by the fire may main…

(1) In a civil action against any person or legal entity that is not a state government entity or a political subdivision of state government, for a forest or range fire caused by a negligent or unintentional act or omission that is not willful or wanton, the real and personal pr…

The origin, cause, and circumstances of each fire by which property has been destroyed or damaged shall be investigated to determine the cause and circumstances. The department of justice may superintend and direct the investigation.

If the fire occurs within a municipality, organized fire district, or fire service area, the chief of the governmental fire agency organized under Title 7, chapter 33, having jurisdiction or the chief's designee shall conduct the investigation. If the fire occurs outside a munici…

(1) If it appears that a fire was of suspicious origin, if there was a loss of human life, or if it is determined that a criminal investigation is necessary, the official responsible for the investigation shall notify the department of justice and the appropriate law enforcement …

Any person who fails to comply with the requirements of this part shall be fined not less than $25 or more than $200.

Each insurer engaged in issuing fire insurance policies in the state of Montana shall upon written request of any appropriate law enforcement agency or governmental fire agency organized under Title 7, chapter 33, release to the requesting agency all information in its possession…

When an insurer has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, it shall notify an appropriate law enforcement agency or governmental fire agency organized under Title 7, chapter 33, and provide the agency with all materia…

The insured's right of individual privacy requires agencies and agency personnel receiving information furnished pursuant to 50-63-401 and 50-63-402 to hold the information in confidence unless: (1) the insured waives the right of individual privacy; or (2) release of the informa…

Law enforcement agency and governmental fire agency personnel may be required to testify as to any information in their possession regarding the fire loss of real or personal property in any civil action in which a person seeks recovery from an insurer under a policy for the fire…

In the absence of fraud or bad faith, the insurer or person who furnished information on its behalf is not subject to liability in any civil action for: (1) furnishing information as required by 50-63-401; or (2) notifying an appropriate agency of a fire loss as required by 50-63…

As used in this chapter, the following definitions apply: (1) "Agent" means a person authorized by the department of revenue to purchase and affix stamps on packages of cigarettes. (2) "Cigarette" means any roll for smoking made wholly or in part of tobacco, irrespective of size …

(1) Except as provided in subsection (7), cigarettes may not be sold or offered for sale in this state or sold or offered for sale to persons located in this state unless: (a) the cigarettes have been tested in accordance with the test method provided in this section; (b) the cig…

(1) Each manufacturer shall submit to the department of justice a written certification attesting that each cigarette listed in the certification: (a) has been tested in accordance with 50-65-102; and (b) meets the performance standard provided in 50-65-102(2)(c). (2) Each cigare…

(1) Cigarettes that are certified by a manufacturer in accordance with 50-65-103 must be marked to indicate compliance with the requirements of 50-65-102. The marking must be in 8-point type or larger and consist of: (a) modification of the universal product code to include a vis…

(1) A manufacturer, wholesale dealer, agent, or any other person or entity that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of 50-65-102, for a first offense, is subject to a civil penalty not to exceed $10,000 for each sale of the c…

(1) The department of justice and the department of revenue may adopt rules, pursuant to Title 2, chapter 4, necessary to effectuate the purposes of this chapter. (2) The department of revenue in the regular course of conducting inspections of wholesale dealers, agents, and retai…

To enforce the provisions of this chapter, the department of revenue may examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock …

This chapter may not be construed to prohibit a person or entity from manufacturing or selling cigarettes that do not meet the requirements of 50-65-102 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and if th…

This chapter no longer applies if a federal reduced cigarette ignition propensity standard that preempts this chapter is adopted and becomes effective.

The provisions of 7-1-113 apply in the administration and application of this chapter.

This part may be cited as the "Montana Occupational Safety and Health Act".

As used in this part, the following definitions apply: (1) "Department" means the department of labor and industry provided for in 2-15-1701. (2) "Employee" has the meaning provided in 39-71-118. (3) "Employer" has the meaning provided in 39-71-117. (4) "Health" means protection …

(1) The department has authority to administer the provisions of this part. (2) In addition to administering the provisions of this part, the department may: (a) promote occupational safety and health; (b) educate employers and employees in occupational safety and health matters;…

(1) The department may adopt appropriate standards for safety and health by administrative rule, including: (a) any safety or health regulations promulgated by the federal occupational safety and health administration; and (b) standards that are not inconsistent with federal safe…

(1) The standards for safety and health and the enforcement rules adopted pursuant to this part apply to all public sector employers in this state and to public sector employees. (2) The standards and enforcement rules adopted pursuant to this part do not apply to employment by: …

(1) Each public sector employer shall: (a) furnish a place of employment that is free from recognized hazards that cause or are likely to cause death or serious physical harm to public sector employees; (b) adopt and use practices, means, methods, operations, and processes that a…

(1) Each public sector employer shall maintain records of occupational injuries, illnesses, and deaths as the department may require by rule. (2) The department may inspect those records or require that the public sector employer submit those records to the department for its rev…

(1) The department may inspect all workplaces of any public sector employer for the purpose of determining whether the public sector employer is in compliance with the safety and health standards that apply to the employer and the employer's workplaces. A department employee cond…

(1) (a) The department shall make a written report of each inspection conducted under 50-71-118. (b) The inspection report must include a list of violations of standards that the inspector discovered during the inspection. A violation of a standard by a public sector employee is …

(1) The department may order a public sector employer to immediately and temporarily stop work at a particular workplace if a department inspector who has personally observed the workplace and the hazards that are present determines that: (a) the conditions or operations that are…

In addition to any remedies available under this part, the department may institute and maintain in the name of the state an action for injunctive relief as provided in Title 27, chapter 19, to: (1) immediately restrain a public sector employer and public sector employees from en…

The department may, in its sole discretion, provide onsite safety consultation services to public sector employers and private sector employers that request onsite safety consultation services.

A public sector employer may not retaliate against a public sector employee who: (1) contacts the department with a complaint of a violation of a standard in the workplace; (2) cooperates with the department in the performance of an inspection or an investigation; or (3) testifie…

(1) (a) An occupational safety and health administration fund is established, out of which are to be paid upon lawful appropriation all costs incurred by the department on or after July 1, 2016, in administering Title 50, chapters 71, 72, and 73. (b) The department shall collect …

Each employer shall: (1) furnish a place of employment that is safe for each of the employer's employees; (2) with the exception of footwear, purchase, furnish, and require the use of health and safety devices, safeguards, protective safety clothing, or other health and safety it…