Issue 3 - the Montana Secretary of State Website
Issue 3 - the Montana Secretary of State Website Issue 3 - the Montana Secretary of State Website
-398- heat-actuated or other shut-off devices for storage tanks containing Class I or Class II liquids intended only for private use. (j) Insert 2204.7.1 Disposal of Tanks. Tanks shall be disposed of in accordance with the following: 1. through (k) remain as proposed. (l) Insert 3306.6 Hazardous Materials. The maximum quantities, storage conditions, and fire-protection requirements for gunpowder and ammunition stored in a building shall be as follows: 1. and 2. remain as proposed. 5. The department has thoroughly considered the comments and testimony received. A summary of the comments received (other than those that were withdrawn) and the department's responses are as follows: COMMENT 1: The Lake County Attorney requested a definition for "explosives," since 50-3-102(3), MCA, refers to the department adopting "nationally recognized standards," and the fire codes are not readily accessible to all interested persons. RESPONSE 1: The department has adopted the suggested language. COMMENT 2: The Building Codes Bureau of the Department of Labor and Industry requested the deletion of the first and last sentence of the amendment to 23.12.601(4). RESPONSE 2: The department made these changes. COMMENT 3: The Billings Fire Department pointed out editing errors in citing from the International Fire Code. RESPONSE 3: The suggested corrections have been made. COMMENT 4: The Billings Fire Department requested the adoption of at least one sentence of 102.5 - Application of Residential Code of the IFC. RESPONSE 4: After discussion with several interested groups, it was decided that all of 102.5 would be adopted. By: /s/ Steve Bullock /s/ J. Stuart Segrest STEVE BULLOCK J. STUART SEGREST Attorney General Rule Reviewer Department of Justice Certified to the Secretary of State February 1, 2010. Montana Administrative Register 3-2/11/10
-399- BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA In the matter of the amendment of ARM 24.17.127 related to prevailing wage rates for public works projects - building construction services, heavy construction services, highway construction services, and nonconstruction services TO: All Concerned Persons ) ) ) ) ) ) ) NOTICE OF AMENDMENT 1. On October 29, 2009, the Department of Labor and Industry published MAR Notice No. 24-17-238 regarding the public hearing on the amendment of the above-stated rule on page 1840 of the 2009 Montana Administrative Register, issue no. 20. 2. On November 23, 2009 a public hearing was held at which time members of the public made oral and written comments and submitted documents. Additional comments were received during the comment period. 3. The department has thoroughly considered the comments and testimony received from the public. The following is a summary of the public comments received and the department's response to those comments: Comment 1: Keith Allen, IBEW Local 233, stated that in the Heavy Construction rates Toole County should be set at the same rates as specified in the federal Davis- Bacon Act ruling ELEC0233-001 06/01/2009, because Toole County had been inadvertently omitted from inclusion in that ruling. Response 1: The department acknowledges that there appears to be a clear oversight in the federal rate that the department had relied upon, and that Toole County should be included as suggested. The department has corrected the rate as requested. Comment 2: Keith Allen, IBEW Local 233, stated that the data for work done on wind towers should be included in setting the building construction rates. The commenter stated that in ARM 24.17.501(2)(a) power plants are included in the definition of building construction. The commenter believes the department is confusing the statute that specifies wage rates to be paid for an alternative energy project so it can be classified as Class 14 property taxes with the administrative rule that defines what type of work that should be used to set rates for building construction classifications. Response 2: Heavy rates reported on building construction projects are included in the rate setting process. The fact that a project is classified as a Class 14 property 3-2/11/10 Montana Administrative Register
- Page 99 and 100: -347- should be rewritten to repres
- Page 101 and 102: -349- units are not existing units,
- Page 103 and 104: -351- wastes based on their environ
- Page 105 and 106: -353- RESPONSE: The application fee
- Page 107 and 108: -355- 40 CFR 257.9, which applies t
- Page 109 and 110: -357- NEW RULE XIII COMMENT NO. 31:
- Page 111 and 112: -359- COMMENT NO. 35: A commentor s
- Page 113 and 114: -361- recycling, or solid waste tre
- Page 115 and 116: -363- RESPONSE: Proposed New Rule X
- Page 117 and 118: -365- regulations and should be del
- Page 119 and 120: -367- has revised New Rule XXXIII t
- Page 121 and 122: -369- XXXVII(2), which contains the
- Page 123 and 124: -371- Applied Research Foundation D
- Page 125 and 126: -373- COMMENT NO. 51: A commentor n
- Page 127 and 128: -375- Comment No. 6. The department
- Page 129 and 130: -377- the department to be necessar
- Page 131 and 132: -379- NEW RULE XLI COMMENT NO. 57:
- Page 133 and 134: -381- In 40 CFR 258.57 and 40 CFR 2
- Page 135 and 136: -383- pursuant to (3), that complia
- Page 137 and 138: -385- stricken, and the phrases use
- Page 139 and 140: -387- scientific studies. Sen. Keat
- Page 141 and 142: -389- found in the first paragraph
- Page 143 and 144: -391- licensee "review the operatio
- Page 145 and 146: -393- CFR 258.55(h) and (i) without
- Page 147 and 148: -395- BEFORE THE DEPARTMENT OF JUST
- Page 149: -397- in accordance with 50-61-120
- Page 153 and 154: -401- Worker in districts 1 and 3,
- Page 155 and 156: -403- Response 12: The department n
- Page 157 and 158: -405- /s/ MARK CADWALLADER Mark Cad
- Page 159 and 160: -407- Comments 3 through 16 pertain
- Page 161 and 162: -409- RESPONSE 11: The board apprec
- Page 163 and 164: -411- BEFORE THE BOARD OF DENTISTRY
- Page 165 and 166: -413- BEFORE THE DEPARTMENT OF LIVE
- Page 167 and 168: -415- (f) file a monthly form regar
- Page 169 and 170: -417- RESPONSE #10: At the time of
- Page 171 and 172: -419- producer flexibility to test
- Page 173 and 174: -421- COMMENT #29: What is an accep
- Page 175 and 176: -423- BEFORE THE DEPARTMENT OF MILI
- Page 177 and 178: -425- plan eligible individuals who
- Page 179 and 180: -427- (2) remains as proposed. AUTH
- Page 181 and 182: -429- RESPONSE #11: The department
- Page 183 and 184: -431- RESPONSE #23: The department
- Page 185 and 186: -433- BEFORE THE DEPARTMENT OF PUBL
- Page 187 and 188: -435- COMMENT #4: It was requested
- Page 189 and 190: -437- BEFORE THE DEPARTMENT OF PUBL
- Page 191 and 192: -439- (a) NWE has executed a power
- Page 193 and 194: -441- 20. Third, the Commission mus
- Page 195 and 196: -443- NOTICE OF FUNCTION OF ADMINIS
- Page 197 and 198: -445- HOW TO USE THE ADMINISTRATIVE
- Page 199 and 200: -447- Unacceptable Assets - Proof o
-398-<br />
heat-actuated or o<strong>the</strong>r shut-<strong>of</strong>f devices for storage tanks containing Class I or Class<br />
II liquids intended only for private use.<br />
(j) Insert 2204.7.1 Disposal <strong>of</strong> Tanks. Tanks shall be disposed <strong>of</strong> in<br />
accordance with <strong>the</strong> following:<br />
1. through (k) remain as proposed.<br />
(l) Insert 3306.6 Hazardous Materials. The maximum quantities, storage<br />
conditions, and fire-protection requirements for gunpowder and ammunition stored in<br />
a building shall be as follows:<br />
1. and 2. remain as proposed.<br />
5. The department has thoroughly considered <strong>the</strong> comments and testimony<br />
received. A summary <strong>of</strong> <strong>the</strong> comments received (o<strong>the</strong>r than those that were<br />
withdrawn) and <strong>the</strong> department's responses are as follows:<br />
COMMENT 1: The Lake County Attorney requested a definition for<br />
"explosives," since 50-3-102(3), MCA, refers to <strong>the</strong> department adopting "nationally<br />
recognized standards," and <strong>the</strong> fire codes are not readily accessible to all interested<br />
persons.<br />
RESPONSE 1: The department has adopted <strong>the</strong> suggested language.<br />
COMMENT 2: The Building Codes Bureau <strong>of</strong> <strong>the</strong> Department <strong>of</strong> Labor and<br />
Industry requested <strong>the</strong> deletion <strong>of</strong> <strong>the</strong> first and last sentence <strong>of</strong> <strong>the</strong> amendment to<br />
23.12.601(4).<br />
RESPONSE 2: The department made <strong>the</strong>se changes.<br />
COMMENT 3: The Billings Fire Department pointed out editing errors in<br />
citing from <strong>the</strong> International Fire Code.<br />
RESPONSE 3: The suggested corrections have been made.<br />
COMMENT 4: The Billings Fire Department requested <strong>the</strong> adoption <strong>of</strong> at<br />
least one sentence <strong>of</strong> 102.5 - Application <strong>of</strong> Residential Code <strong>of</strong> <strong>the</strong> IFC.<br />
RESPONSE 4: After discussion with several interested groups, it was<br />
decided that all <strong>of</strong> 102.5 would be adopted.<br />
By: /s/ Steve Bullock /s/ J. Stuart Segrest<br />
STEVE BULLOCK<br />
J. STUART SEGREST<br />
Attorney General<br />
Rule Reviewer<br />
Department <strong>of</strong> Justice<br />
Certified to <strong>the</strong> <strong>Secretary</strong> <strong>of</strong> <strong>State</strong> February 1, 2010.<br />
<strong>Montana</strong> Administrative Register 3-2/11/10
Change language