Billings, MT Building Safety: Childcare Center Rules (2026)
Key Facts
- Code adopted
- 2021 International Fire Code, Sec. 14-301
- Group E day care trigger
- More than five children, under 24 hours per day
- Small program rule
- Fifteen or fewer children: part of primary occupancy
- In a dwelling unit
- Fifteen or fewer: Group R-3 or the Residential Code
- Maximum fine
- $500.00 and up to 6 months, each day a separate offense
- Stop work order fine
- $100.00 to $500.00 under Section 113.4
- Enforcing office
- Bureau of fire prevention, Sec. 14-302
Summary
Billings adopts the 2021 International Fire Code and rewrites its Group E day care definition in Sec. 14-301. A building with more than five children in care for under 24 hours a day is a day care facility, and one with fifteen or fewer children is classified by where it sits. Violations are misdemeanors with fines up to $500.
shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 or by imprisonment not exceeding 6 months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense." ... OCCUPANCY CLASSIFICATION Group E, day care facilities is modified to read: "This group includes buildings and structures or portions thereof occupied by more than five children older than 2 %2 years of age who receive educational, supervision or personal care services for less than 24 hours per day. (A) Fifteen or fewer children. A facility having fifteen or fewer children receiving such care shall be classified as part of the primary occupancy. (B) Fifteen or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having fifteen or fewer children receiving such care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code. (C) Within places of worship. Rooms and spaces within places of worship providing such care during religious functions shall be classified as part of the primary occupancy."
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 66 Update 2).
Full Breakdown
Sec. 14-301 adopts the 2021 International Fire Code, with Appendices B, C, E, F, G and I, as the fire code of the City of Billings. Ordinance 24-5897, adopted November 12, 2024, moved the city from the 2012 edition to the 2021 edition. Billings then amends the code's Group E definition for day care facilities. The classification applies to buildings or portions of buildings occupied by more than five children, above the age floor stated in the definition, who receive educational, supervision or personal care services for less than 24 hours per day.\n\nThe size of the program decides the occupancy class.
A facility with fifteen or fewer children is classified as part of the primary occupancy of the building it sits in. A facility of fifteen or fewer children inside a dwelling unit is classified as a Group R-3 occupancy, or it must comply with the International Residential Code. Rooms and spaces inside a place of worship that provide care during religious functions are classified as part of the primary occupancy, so a church nursery does not become a separate Group E space.\n\nOther Billings amendments reach the same buildings.
Section 1010.2 adds that exit doors cannot be locked, chained, bolted, barred, latched or otherwise rendered unusable, and every locking device must be of an approved type. Section 1020.2 lets existing E occupancies with an occupant load of 30 or more upgrade corridors to one-hour construction, with corridor doors protected by 20-minute assemblies or solid wood doors at least 1 3/4 inches thick. Table 1103.1 is amended so Section 1103.9 applies to Group E. Section 1031.2 requires emergency escape and rescue openings in every sleeping room in an unsprinklered Group R building.\n\nThe fire code is enforced by the bureau of fire prevention under Sec.
14-302, and each person designated to enforce it can issue citations. Section 111 of the model code, the means of appeals, is not adopted, and section 107 on fees is not adopted either.
Violations & Fines
Under the Billings amendment to Section 112.4, a person who violates the fire code or fails to follow a directive of the fire code official is guilty of a misdemeanor, punishable by a fine of not more than $500.00, imprisonment not exceeding 6 months, or both. Each day a violation continues after due notice is a separate offense. Under Section 113.4, continuing work after a stop work order carries a fine of not less than $100.00 or more than $500.00. Under Sec. 14-207, an operator who ignores a fire official's order and then has a fire pays the city's actual cost of fighting it.
Frequently Asked Questions
When does a Billings child care program count as a Group E day care facility?
How is a home child care with fifteen or fewer children classified in Billings?
Does a church nursery in Billings need its own occupancy classification?
What are the penalties for violating the Billings fire code at a child care site?
Which office enforces the fire code for Billings day care buildings?
Sources & Official References
Other rules in Billings
Compare Billings to another location·View the Montana building safety overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.