Title 50, Title 50

(1) An establishment that violates this chapter or rules adopted by the department under this chapter is subject to a civil penalty not to exceed $500. (2) A civil action to impose penalties, as provided under this section, does not bar a prosecution under 50-57-107 and 50-57-108…

In a civil action initiated by the regulatory authority under this chapter, the court may, by petition of the regulatory authority, order an establishment that is found to be in willful violation of this chapter or rules adopted under this chapter to pay the costs of investigatio…

(1) A person operating an establishment shall procure an annual license from the department. (2) Except as provided in subsection (3), a separate license is required for each establishment, but if more than one type of establishment is operated on the same premises and under the …

An application for a license must be made to the department on forms containing information required by the department, or the application must be made in compliance with the rules established by the board of review established in 30-16-302.

(1) For each annual license issued or renewed, the department shall collect a fee of $225. (2) A person operating an establishment who fails to renew a license by the expiration date provided in 50-57-206 and who operates the establishment in the license year for which an annual …

(1) Except as provided in subsection (2), licenses expire on December 31 of the year in which they are issued unless canceled for cause. (2) If the board of review adopts a renewal date for licenses under this chapter, the licenses expire on the anniversary date established by ru…

(1) License renewal may be obtained annually by paying the required annual license fee provided for in 50-57-205. (2) The department shall renew licenses as a matter of right, unless conditions exist that are grounds for cancellation or denial of a license.

(1) A license issued by the department is not valid until it is signed by the local health officer of the local board of health with jurisdiction where the establishment is located. (2) The local health officer shall validate or refuse to validate the license within 15 days of th…

(1) A local health officer may refuse to validate a license issued by the department only if the local health officer determines that the applicant has not met the requirements for the issuance of the license under this chapter or rules adopted by the department under this chapte…

(1) The department may deny or cancel a license if it finds, after proper investigation, that the applicant or licensee has violated or is not in compliance with this chapter or a rule adopted under this chapter and that the applicant or licensee has failed or refused to remedy o…

An applicant or licensee may submit to the department a written plan of correction within 10 days after receipt from the department of a written notice of violation. The department shall determine if the plan of correction is acceptable. The submission and execution of an accepta…

(1) A license may not be denied or canceled by the department without delivery to the applicant or licensee of a written statement of the grounds for denial or cancellation and an opportunity for a hearing before the department to show cause, if any, why the license should not be…

There is an account in the state special revenue fund. Money in the account is allocated to the department to be used to administer the provisions of this chapter and the rules adopted under this chapter.

State and local health officers, sanitarians-in-training, and registered sanitarians shall conduct investigations and inspections of establishments and make reports to the department as required under rules adopted by the department.

State and local health officers, sanitarians-in-training, and registered sanitarians must be provided free access to establishments at all reasonable hours for the purpose of conducting investigations and inspections as required under this chapter.

(1) Before June 30 of each year, the department shall pay to a local board of health an amount from the local board inspection fund account, created in 50-2-108, that may be used only for the purpose of inspecting establishments under this chapter and enforcing the provisions of …

As used in parts 1 through 4 and 7 of this chapter, unless the context requires otherwise, the following definitions apply: (1) "Alteration" means any change, addition, or modification in construction or occupancy. (2) "Building" means a combination of any materials, whether mobi…

(1) Except as provided in subsection (5), the state building code, as defined in 50-60-203(3), does not apply to: (a) residential buildings containing less than five dwelling units or their attached-to structures, any farm or ranch building of any size, and any private garage or …

The department shall administer parts 1 through 7 and for that purpose shall: (1) issue orders necessary to effectuate the purposes of parts 1 through 7 and enforce the orders by all appropriate administrative and judicial proceedings; (2) enter, inspect, and examine buildings or…

The department shall establish a schedule of fees and may collect fees for the inspection of plans and specifications and for the inspection of buildings, factory-built buildings, or any other facility or structure. The fees must be commensurate with the cost of the inspections a…

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…