The Building Codes Division of the Montana Department of Labor approves the building codes for residential buildings that cities may adopt if the cities want to enforce and inspect construction of residential properties. (50-60-301(2), MCA) The Building Codes Division does not inspect or enforce building codes on structures with less than four living units.
Currently the cities may not adopt a more stringent standard under the residential code. Some cities with the fire hazards from wildland-urban interface areas want to prohibit certain building materials, such as wood shakes, because of their higher flammability. The Building Codes Division takes the position that types of building materials is under its exclusive jurisdiction and that cities cannot ban the use of materials that are more inflammable.
The League will support legislation to allow cities to adopt more stringent building standards under its enactment and enforcement of the residential building codes.