(1) The fire prevention and investigation program (FPIP) adopts and incorporates by reference the NFPA 1 Uniform Fire Code, 2003 edition (2003 NFPA 1/UFC) with the additions, amendments, and deletions enumerated in this subchapter.  Copies of the 2003 NFPA 1/UFC and related materials may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169.  This document is available for free online access at www.nfpa.org.  Copies of the 2003 NFPA 1/UFC and Montana's amendments thereto may be obtained from the State Fire Marshal's Office, 303 North Roberts, P.O. Box 201415, Helena, MT 59620, (406) 444-2050.

(2) If there is any conflict between the NFPA 1/UFC and the Montana Code Annotated, the provisions of the Montana Code Annotated control.

(3) This rule establishes a minimum fire protection code to be used in conjunction with the Building Code.  Nothing in this rule prohibits any local government unit from adopting those portions of the NFPA 1/UFC that are not adopted by the FPIP or standards which are more restrictive than the NFPA 1/UFC.

(4) The design and construction requirements in NFPA 1/UFC that apply to public buildings or places of employment are not included in this adoption.  The Building Code adopted by the building codes bureau of the department of labor and industry controls design and construction in Montana.  If there is any conflict between the construction standards in the NFPA 1/UFC and construction standards set forth in the Building Code, the provisions of the Building Code control.  NFPA 1/UFC construction standards only apply if no comparable Building Code construction standard exists.

(5) The following NFPA 1/UFC sections are modified as shown to be in accordance with the Building Code regarding design and construction requirements:

(a) Section 1.3 Application.23-367-368.rp.doc.arm_ID00000100033" "23-367-368.rp.doc.arm   This Code shall apply to:  New construction as required in the Building Code, and existing conditions.  Existing buildings shall be maintained in accordance with the Building Code in effect at the time of construction.  However, where existing conditions or buildings pose an imminent hazard or risk to public health and safety and are not, therefore, within the purview of the Building Code, the FPIP may take corrective action pursuant to the provisions of 50-61-101, MCA, et seq. and 50-62-101, MCA, et seq.

(b) Section 1.3.8 Repairs, renovations, alterations, reconstruction, change of occupancy, and additions to buildings shall conform with the Fire Code and the Building Code.

(c) Section 2.1 General.  The documents or portions thereof listed in this chapter are referenced within this Code and shall be considered part of the requirements of this document.

(d) Section 2.2 NFPA Publications, except for NFPA 101, Life Safety Code, 2003 edition and NFPA 5000, Building Construction and Safety Code, 2003 edition, is adopted.

(e) Section 10.1.1.  Every existing building or structure shall be arranged, equipped, maintained, and operated in accordance with this Code so as to provide a reasonable level of life safety, property protection, and public welfare from the actual and potential hazards created by fire, explosion, and other hazardous conditions.

(f) Section 10.1.2 is not adopted.

(g) Section 10.1.3 Building Code.  All new construction shall comply with the Building Code.

(h) Section 14.1 Application.  Means of egress in new and existing buildings shall comply with the Building Code in effect at the time of construction.