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(1) A city, county, or town with a certified code enforcement program shall report to the department changes to its code enforcement program within 30 days of the change. Changes to inspection staff or inspection staff qualifications must be reported within ten days with proof of certification.
(2) All certified jurisdictions, whether or not the program has changes to report, must file a report with the department on or before September 1 at least every three years for the immediately preceding fiscal year. Information provided in the report should correspond directly to each item listed in (3), and each item should be answered and presented separately from all other report information. An example report format is available to all Montana cities, counties, and towns upon request.
(a) The report must contain all of the following information:
(i) an official map or certified legal description of the jurisdictional area;
(ii) a list of building related codes, including edition dates, being enforced by the city, county, or town;
(iii) copies of ordinances which adopt each building-related code or each administrative order used to adopt each building-related code if not previously provided in accordance with ARM 24.301.202;
(iv) a list of the type of structures subject to and a list of the type of structures exempted from the building related codes;
(v) a schedule of fees charged for permits;
(vi) an accounting of the collection and expenditure of fees and charges for the immediately preceding fiscal year;
(vii) a copy of the ordinance establishing the appeal procedure or the acknowledgment that the International Building Code appeals procedure will be followed;
(viii) a list of the members of the appeals board and their qualifications;
(ix) the current plan for enforcement, which must include:
(A) a general description of how permits are applied for and issued;
(B) how plan reviews are conducted;
(C) how and when inspections are made;
(D) how final approvals or certificates of occupancy are issued; and
(E) how factory-built buildings and manufactured homes are permitted and inspected;
(x) a list of employees inspecting, reviewing plans, or approving any installation with descriptions of responsibilities and proof of qualifications for each employee as provided in ARM 24.301.206; and
(xi) if any services relating to building code enforcement are provided through contractual arrangements, a current copy of all such contracts.
(3) By January 31 of each year, the department shall notify each city, county, and town expected to file its report on September 1.
(4) The department may request a city, county, or town with a certified code enforcement program to provide a report to the department in accordance with this rule to respond to inquiries regarding its code enforcement program so the department can ensure program functions are being properly performed as required by 50-60-302(2), MCA. The department may also make similar inquiries to clarify or further examine details provided in reports.
History: 50-60-203, 50-60-302, MCA; IMP, 50-60-302, MCA; NEW, 1998 MAR p. 2563, Eff. 9/25/98; AMD, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; AMD, 2003 MAR p. 2299, Eff. 10/17/03; AMD, 2022 MAR p. 911, Eff. 6/11/22.
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