In addition to those definitions contained in 50-51-102, MCA, the following definitions apply to this subchapter:

(1) "Bedding" means a mattress, box springs, mattress cover, mattress pad, sheets, pillow slip, pillow, pillow cover, blanket, comforter, quilt, duvet, and bedspread.

(2) "Building authority" means the Department of Labor and Industry Building Codes Program, or its local authorized agent.

(3) "Establishment" has the meaning provided for under 50-51-102, MCA. For the purpose of this subchapter, establishment does not include a "bed and breakfast," "guest ranch," or "outfitting and guide facility."

(4) "Fire authority" means the state fire marshal or the state fire marshal's authorized agent.

(5) "Fixture" means a shower, bathtub, toilet, toilet seat, urinal, handwashing sink, kitchen sink, janitor sink, dishwashing sink, and all exposed plumbing integral to them.

(6) "Guest" means each person using any provided services such as a bed or bathing facility within any unit of an establishment.

(7) "License" means a written document issued by the department authorizing the operation of an establishment.

(8) "Local regulatory authority" means the local board of health, local health officer, local sanitarian, or other authorized representative of the local government having jurisdiction.

(9) "Sanitarian" means the person who is qualified under Title 37, chapter 40, part 3, MCA, and represents the health officer.

(10) "Sanitize" means the application of a 100 to 200 parts per million (ppm) solution of household bleach, approximately 5% by weight, for at least ten seconds.

(11) "Shock disinfection" means an application of a chemical disinfectant to a water supply in order to kill all microorganisms. The chemical disinfectant is usually chlorine at a concentration much stronger than allowed in potable water, or another method approved by the local regulatory authority.

(12) "Sleeping accommodation" means the provision of sleeping quarters where the linen service or housekeeping service are provided by management or by the guests under the direct supervision of management. Sleeping accommodation does not include a place of residency subject to the Residential Landlord and Tenant Act of 1977, Title 70, chapter 24, MCA.

(13) "Wastewater treatment system" means a system that receives wastewater for purposes of treatment, storage, or disposal. The term includes public wastewater conveyance systems, wastewater systems, and all wastewater disposal methods described in Department of Environment Quality Circulars DEQ-2 and DEQ-4.

(1) Plans and specifications must be submitted to the local regulatory authority for review and approval before any new license is issued.

(2) Local regulatory authority approval is required before any construction, remodeling, or conversion for a new or existing establishment begins.

(3) The local regulatory authority must review the plans and specifications and respond to the applicant within 30 days with a written approval, disapproval, or request for additional information.

(4) If the establishment was previously licensed by the department and no structural modification will be involved, the local regulatory authority may waive the requirement for the submission of plans and specifications.

(5) If the local regulatory authority is unable to perform the review, plans and specifications must be submitted to the department for review and approval.

(6) Plans and specifications must include the following:

(a) location and detail of storage rooms used for bedding and furnishings;

(b) location and detail of janitorial facilities;

(c) location and detail of laundry facilities, including a description of equipment and floor and wall finish material;

(d) a flow chart indicating the route of laundry through sorting, washing, drying, ironing, folding, and storage;

(e) location and description of all food preparation, storage, and service areas, unless already required to license as a retail food service establishment under 50-50-102, MCA;

(f) description of dishes, cookware, utensils, and cooking equipment available in guest rooms, including details of cleaning and storage;

(g) location and detail of ice production, storage, and dispensing equipment;

(h) location of swimming pools, spas, and other recreational water features;

(i) name of sanitary landfill licensed by the Department of Environmental Quality (DEQ) which will receive solid waste from the establishment;

(j) documentation of approval from DEQ and any applicable local regulatory authority permit and inspection report, if the establishment will be served by a public wastewater treatment system;

(k) documentation of approval from the local regulatory authority, if the establishment will be served by a nonpublic wastewater treatment system;

(l) documentation of approval from DEQ, if the establishment will be served by a public water supply;

(m) demonstration of compliance with this subchapter, if the establishment will be served by a nonpublic water supply; and

(n) any other pertinent information requested by the department or local regulatory authority.

(7) Construction must be in accordance with the plans and specifications as approved. Any changes from the approved plans must be reviewed and approved, in writing, by the department or local regulatory authority.

(8) Approval is valid for two years. If construction, remodeling, or conversion is not completed within two years, the department or local regulatory authority may require plans and specifications to be resubmitted for review.

(1)  The local regulatory authority may grant a variance to a requirement of this subchapter if, in the opinion of the local regulatory authority, a health hazard or nuisance will not result from the variance.

(2) To apply for a variance, the applicant must submit the following information:

(a)  a statement as to why the applicant is unable to comply with the rule from which the variance is requested;

(b)  the nature and duration of the variance requested;

(c) a statement of how the intent of the rule will be met and the reasons why the public health or safety would not be jeopardized if the variance is granted; and

(d) other information deemed necessary by the local regulatory authority to establish that a health hazard or nuisance will not result from granting the variance.

(3) The local regulatory authority must retain the variance application and decision in the establishment file as long as the variance is applicable.

(4)  Prior to issuing a variance, the local regulatory authority will contact, notify, and consult with the department about any similar variances to help ensure uniform application of the law.

This rule has been repealed.

This rule has been repealed.

(1) The local regulatory authority must make a pre-licensing inspection to determine compliance with the requirements of this subchapter before a license is issued by the department or validated by the local health officer.

(2) The local regulatory authority must inspect each licensed establishment within the jurisdiction of the local board of health to determine compliance with this subchapter at least once each calendar year, unless that schedule is modified by signed agreement with the department.

(3) The local regulatory authority, after proper identification, must be provided access to the establishment at all reasonable hours for the purpose of conducting inspections and investigations as required under this subchapter.

(4) Inspection findings must be written to reference any rule violated, state the correction to be made, and specify a reasonable period of time for the correction.

(5) The written inspection report must be made on a form authorized by the department.

(6) Inspection findings must be given to the person in charge of the establishment at the conclusion of the inspection.

(7) A copy of the completed inspection form must be given to the establishment owner or designee within three business days.

(8) The local regulatory authority must retain all documentation of enforcement of this subchapter including inspection reports, consumer complaints, illness investigations, plans of correction, and enforcement actions for at least five years.

(9) The completed inspection report is a public document that must be made available for public review upon request, distribution to any person upon payment of copying costs, or provided to the department upon request.

(10) Obtaining a license under this subchapter does not relieve the applicant from satisfying other applicable plan review, licensing, and inspection requirements. Other requirements may include, but are not limited to the following:

(a) building code permit and inspection;

(b) fire and life safety inspection;

(c) retail food licensing;

(d) public swimming pool, spa, and other water feature licensing; and

(e) business licensing.

(11) Notification of noncompliance from the building or fire authority may prevent a license from being issued by the department or validated by the local health officer.

(1) Sufficient storage space must be provided for extra bedding and furnishings.

(2) Adequate and convenient janitorial facilities must be provided, including a janitor sink and storage area for equipment and chemicals. A janitor sink is not required for:

(a)  tourist homes;

(b)  a private home or condominium that is occupied by an owner or manager and that is rented, leased, or furnished in its entirety or in part to transient guests on a daily or weekly basis; and

(c)  other establishments as approved by the local regulatory authority.

(3) All rooms, hallways, stairways, and public access areas must be provided with at least ten foot-candles of light.

(4) Floors and walls in toilet and bathing rooms, laundries, janitorial closets, and similar rooms subject to large amounts of moisture must be smooth, durable, nonabsorbent, and easily cleanable.

(5) Floor and wall-mounted furnishings must be easily moved to allow for cleaning or mounted in such a manner as to allow for cleaning around and under such furnishings.

(6) Bathing facilities must be provided with anti-slip surfaces or mats.

(7) Handwashing sinks and bathing facilities must be provided with water at a temperature of at least 100^°F (38^°C) and not more than 120^°F (49^°C).

(8) Establishment property must be maintained to minimize the presence of insects, rodents, and other vermin which may affect public health.

(9) The local regulatory authority may require licensed pesticide services for persistent pest infestations.

(10) Adequate ventilation must be provided to prevent excess moisture and odors.

(1) An establishment must provide an adequate and potable supply of water.

(2) A public water supply system must be approved by the Montana Department of Environmental Quality (DEQ) and meet the requirements of ARM Title 17, chapter 38, subchapters 1, 2, 3, and 5.

(3) A nonpublic water supply system must meet the requirements of Nonpublic Water Supply Circular FCS 1-2016 when:

(a) the water supply is constructed after the effective date of this rule;

(b) modifications are made to the water system; or

(c) the local regulatory authority determines compliance with Nonpublic Water Supply Circular FCS 1-2016 is necessary to meet the requirements of this subchapter.

(4) A non-potable water source may be used only if:

(a) access points are marked "not for human consumption";

(b) installation and maintenance prevent any connection to a potable water supply system; and

(c) the source is used in a manner that does not expose the public to any health risk.

(5) The department adopts and incorporates by reference Nonpublic Water Supply Circular FCS 1-2016 in effect November 5, 2019, which contains potable water construction and maintenance standards for nonpublic water supplies serving licensed establishments. A copy of Nonpublic Water Supply Circular FCS 1-2016 may be obtained from the Department of Public Health & Human Services, Food & Consumer Safety Section, P.O. Box 202951, Helena, Montana 59620-2951. The Nonpublic Water Supply Circular FCS 1-2016 is also available on the department's web site at www.fcss.mt.gov.

(1) An establishment using a nonpublic water supply system must have water samples analyzed for coliform bacteria as follows:

(a) Coliform sampling must be done before licensing and in at least two different months of each calendar year that the establishment operates.

(b) The sampling schedule must include collection when the water source is most likely to be contaminated, such as during April through June and September through October, in the high ground water season, or as directed by the local regulatory authority.

(c) The local regulatory authority may require the establishment to sample monthly, in the months the establishment operates, or if an inspection, sampling results, or an event indicates the water source is vulnerable to contamination.

(d) The local regulatory authority may return the sampling frequency to two in a calendar year if an on-site sanitary inspection of the water source and other pertinent information shows the water source is no longer vulnerable to contamination.

(2) Following shock disinfection, a coliform sample must be collected at least three to five days after disinfectant is no longer detected in the system.

(3) An establishment using a nonpublic water supply system must have a water sample analyzed for total nitrate before initial licensing and at least every three years that the establishment is licensed.

(4) Water samples must be analyzed by a laboratory licensed and certified by the state of Montana for drinking water analysis.

(5) The establishment must ensure water test results are transmitted to the local regulatory authority from the laboratory in a format acceptable to the local regulatory authority within five working days, except as required in ARM 37.111.112(1)(c) and (3)(d).

(6) The establishment must keep test results available for inspection by the local regulatory authority for at least five years.

(1) If coliform bacteria is detected in a nonpublic water supply routine sample, the establishment must:

(a) collect at least four more repeat samples within 24 hours of notice at the following system points:

(i) the location of the original contaminated routine sample;

(ii) up-gradient to the contaminated routine sample;

(iii) down-gradient to the contaminated routine sample; and

(iv) at the source; or

(v) as directed by the local regulatory authority.

(b) collect at least five routine samples in the month following a detection of coliform in any routine sample; and

(c) notify the local regulatory authority within 48 hours of receiving each test result.

(2) If coliform is detected in a repeat sample, the establishment must:

(a) take appropriate corrective action; and

(b) notify customers and staff by placing an advisory sign approved by the local regulatory authority at each point of use, or as directed by the local regulatory authority.

(3) If fecal coliform or E. coli is detected in a routine sample or repeat sample, the establishment must:

(a) stop using the water source immediately;

(b) provide a temporary source of safe water in accordance with ARM 37.111.114;

(c) take appropriate corrective action; and

(d) notify the local regulatory authority within 24 hours of receiving test results.

(4) If an establishment fails to take the four repeat samples or the five routine samples, following the detection of coliform, or the laboratory fails to test for fecal coliform or E. coli in coliform positive samples, the establishment must follow corrective actions as specified in (3).

(1) An establishment must take appropriate corrective action, which may include shock disinfection, replacement, or repair of the water supply system, within a period specified by the local regulatory authority when:

(a) a water sample exceeds a maximum contaminant level as specified in ARM Title 17, chapter 38, subchapter 2;

(b) the supply does not have the capacity to provide enough water for drinking, cooking, personal hygiene, laundry, cleaning, and wastewater disposal;

(c) the local regulatory authority reports to an establishment that the establishment's water supply system is vulnerable to contamination based on a site visit;

(d) a pathogenic microorganism is detected; or

(e) a confirmed disease outbreak is associated with the water supply through investigation.

(2) When a water supply is replaced or repaired, the water supply system must be shock disinfected before the system is placed into service.

(1) The local regulatory authority shall issue a restricted-use order to an establishment when:

(a) the Montana Department of Environmental Quality (DEQ) has issued a boil water order;

(b) fecal coliform or E. coli is detected in a nonpublic water supply sample;

(c) the total nitrate level is over 10 mg/L in a nonpublic water supply sample;

(d) a nonpublic water supply sample exceeds a maximum contaminant level as specified in ARM Title 17, chapter 38, subchapter 2;

(e) a pathogenic microorganism is detected; or

(f) a confirmed disease outbreak is associated with the water source by investigation.

(2) An establishment that is subject to a restricted-use order must provide and use a temporary source of potable water as described in (3) for guest and staff drinking, food and drink preparation and service, ice, dishwashing, food contact surface cleaning, and hand washing, or discontinue operations.

(3) With approval from the local regulatory authority, an establishment may provide potable water on a temporary basis using one or more of the following:

(a) bottled or packaged potable water from a department-licensed water bottler, or other approved water bottler, if the water is dispensed directly from the original container;

(b) water from a DEQ-approved public water supply that meets the requirements of ARM Title 17, chapter 38, subchapters 1, 2, 3, and 5, stored in a clean, sanitized, and covered potable water container or holding tank;

(c) water delivered by a department-licensed potable water hauler;

(d) if the water is fecal or E. coli contaminated, water that has been boiled for at least one minute and stored and served from a clean, sanitized, and covered container; or

(e) other source approved by the local regulatory authority.

(4) If the local regulatory authority determines that boiling water will not provide adequate potable water, it may require an establishment to use another approved method for supplying water.

(5) An establishment subject to a restricted-use order must notify guests and staff of the restricted-use order by placing a sign at each point of use, or as otherwise directed by the local regulatory authority.

(6) A water supply under a restricted-use order may not be used to make ice.

(7) An establishment subject to a restricted-use order may wash, rinse, and sanitize dishes, utensils, and equipment using the affected water system if using an approved chemical disinfectant or a commercial dish machine that reaches 180°F (82°C) in the final rinse, or as directed by the local regulatory authority.

(8) A restricted-use order may be removed by the local regulatory authority after:

(a) laboratory sampling demonstrates that the water supply is safe;

(b) the establishment flushes all pipes, faucets, and drinking fountains by running cold water for at least five minutes; and

(c) the establishment flushes, cleans, and sanitizes food and beverage equipment connected to the water supply, such as post-mix beverage machines, spray misters, coffee makers, tea urns, ice machines, glass washers, and dishwashers in accordance with manufacturer's instructions.

This rule has been repealed.

(1) An adequate and safe wastewater system must be provided for conveying, treating, and disposing of all sewage from an establishment.

(2) Immediate measures must be taken to alleviate health and sanitation hazards caused by wastewater at the establishment when they occur.

(3) All wastewater must be disposed of by a public wastewater system approved by the Montana Department of Environmental Quality or by a private wastewater system constructed and operated in accordance to applicable state and local regulations.

(4) A wastewater system has failed and requires replacement or repair if any of the following conditions occur:

(a) the system fails to accept, treat, or dispose of wastewater as designed;

(b) the system displays surfacing effluent;

(c) effluent from the wastewater system contaminates a potable water supply or state waters; or

(d) the wastewater system experiences mechanical failure, including electrical outage, or collapse or breakage of a septic tank, lead line, or drainfield line.

(5) Extension, alteration, replacement, or repair of any wastewater system must be done in accordance with all applicable state and local regulations.

(1) Solid waste must be collected, stored, and disposed of in a manner that does not create a sanitary nuisance.

(2) Solid waste must be removed from the premises at least weekly to a licensed solid waste disposal facility or at another frequency approved by the local regulatory authority.

(3) Solid waste may not be burned on the premises.

(4) Solid waste containers must be rodent-proof, stable, and protected from deterioration.

(5) Solid waste containers must be sufficiently covered when not in use to prevent the entry of water or flies.

(1) Ice must be made from the establishment's approved water supply meeting the requirements of this subchapter or obtained from a licensed or approved supplier.

(2) Ice must be manufactured, stored, handled, transported, and served in a manner that prevents contamination.

(3) When ice is not stored in an automatic dispenser and is available to multiple guests or groups of guests, then the ice must be served directly by the establishment staff.

(4) An ice scoop must be readily available for use by the staff and protected from contamination.

(1) All bedding, towels, and other laundered items must be mechanically washed and hot air dried in laundry facilities which meet the following requirements:

(a) The wash cycle must run with sufficient detergent and for a time demonstrated to thoroughly remove all visible soil.

(b) Laundered items must be thoroughly hot air tumble dried to at least 130^ºF (54^ºC) for ten minutes.

(2) Clean laundry must be kept protected from contamination from soiled laundry and other sources by the following:

(a) using separate labeled carts or containers for transportation;

(b) providing sufficient space for sorting, folding, and storage; and

(c) washing hands between touching soiled and clean laundry.

(3) Laundry facilities must have a convenient handwashing sink, hand soap, disposable towels, and trash can.

(4) If the hand sink is used for soaking laundry, it must be accessible for handwashing when needed.

(1) Guest rooms must be cleaned and supplied with freshly laundered sheets, pillow covers, towels, and washcloths before each new guest or group of guests arrive.

(2) Clean bed sheets, pillow covers, towels, and washcloths must be provided to each guest at least weekly. They may be provided more frequently as requested by a guest or according to establishment policy.

(3) Shared bathrooms must be cleaned daily.

(4) All bedding, towels, and washcloths provided by management must be clean and in good repair.

(5) Each mattress must be covered with a machine-washable pad.

(6) Sheets must adequately cover the bed and fold over the blanket at least six inches.

(7) All bedding including quilts and comforters must be machine-washable or covered with machine-washable linen such as a duvet.

(8) Mops must be air dried between uses.

(9) A designated janitor sink must be used for washing and rinsing of mops, brooms, brushes, and other cleaning devices. Tourist homes and vacation rentals may use an alternative as approved by the local regulatory authority.

(10) Toilet and urinal cleaning devices must be kept separate from other cleaning supplies and may not be used for any other purpose. Bathtub and shower cleaning devices must be kept separate from other cleaning supplies and may not be used for any other purpose.

(11) All furnishings, fixtures, floors, walls, and ceilings must be clean and in good repair.

(12) Management must provide for maintenance as needed.

(13) Cleaning compounds and pesticides must be stored, used, and disposed of in accordance with the manufacturer's label instructions.

(14) Ozone air purifiers may not be used within the establishment.

(15) Glasses, pitchers, ice buckets, coffee pots, and other utensils used for food or drink provided for guests must be washed, rinsed, and sanitized or single-service items must be used.

(16) All utensils used for food or drink provided for guests must be stored, handled, and dispensed in a manner which prevents contamination.

This rule has been repealed.

(1) An establishment preparing or serving food that meets the definition of a "retail food establishment" under 50-50-102, MCA, must obtain a separate retail food license. 

(2) An establishment licensed as a public accommodation is exempt from the requirement to obtain a retail food license if it serves food only to registered guests and day visitors pursuant to 50-50-102(21)(c)(xii), MCA. The establishment must comply with all other food safety rules contained under ARM Title 37, chapter 110, subchapter 2.

(1) Each establishment must maintain a register of all overnight guests, including name and contact information of the guest and unit to which the guest was assigned.

(2) Guest registration must be kept available for at least one year for communicable disease investigations or other public health reasons.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

In addition to those definitions contained in 50-51-102 , MCA, the following definitions apply to this subchapter:

(1) "Bed and breakfast establishment" as defined in 50-51-102 (1) , MCA, means a private, owner or manager occupied residence that is used as a private residence but in which:

(a) breakfast is served and is included in the charge for a guest room; and

(b) the number of daily guests served does not exceed 18.

(2) "Bedding" means mattress covers, mattress pads, sheets, pillow protectors and cases, blankets, comforters, quilts and bedspreads.

(3) "Building authority" means the building codes bureau of the Montana department of labor and industry or a local government building inspector enforcing a local building code enforcement program certified by the Montana department of labor and industry.

(4) "Department" means the Montana department of public health and human services.

(5) "Dishwashing" means the cleaning and sanitizing of food contact surfaces of equipment, kitchenware, tableware and utensils.

(6) "Fire authority" means the state fire marshal or his or her authorized agent.

(7) "Fixtures" means a shower, bathtub, toilet, urinal, lavatory, all types of sinks and all exposed plumbing integral to them.

(8) "Food equipment" means items, other than utensils, that are used in the food service operation of the bed and breakfast establishment such as freezers, grinders, ventilation hoods, ice makers, meat blocks, mixers, ovens, refrigerators, sinks, slicers , stoves, tables, dishwashing machines, counters or water heaters.

(9) "Furnishings" means those items contained in guest rooms and guest bathrooms such as draperies, curtains, blinds, lamps and lamp shades, chairs, tables, desks, shelves, books, magazines, bookcases, dressers, bedsteads, mattresses, box springs, towels, washcloths, soap, toilet tissue, radios, television sets, coffee makers, pictures, waste containers and mirrors.

(10) "Guest" means each registered occupant of any unit of a bed and breakfast establishment.

(11) "Individual wastewater system", in accordance with ARM 17.36.101, means a wastewater system that serves one living unit or commercial structure. The total number of people served may not exceed 24.

(12) "Individual water system", in accordance with ARM 17.36.101, means any water system that serves one living unit or commercial structure. The total number of people served may not exceed 24.

(13) "Living unit", in accordance with ARM 17.36.101 and for the purpose of interpreting the size of wastewater and water systems, means the area under one roof occupied by a family. For example, a duplex is considered two living units.

(14) "Local health authority" means a local health officer, local sanitarian or any other person authorized by the department.

(15) "Multiple user wastewater system", in accordance with ARM 17.36.101, means a non-public wastewater system that serves or is intended to serve three through 14 living units or three through 14 commercial structures. The total number of people served may not exceed 24.

(16) "Multiple user water system", in accordance with ARM 17.36.101, means a non-public water supply system designed to provide water for human consumption to serve three through 14 living units or three through 14 commercial structures. The total number of people served may not exceed 24.

(17) "Poisonous or toxic materials" may include, but are not limited to:

(a) insecticides and rodenticides ;

(b) detergents , sanitizers and related cleaning or drying agents;

(c) caustics , acids, polishes and other chemicals;

(d) substances necessary for kitchen equipment operation and maintenance such as nonfood-grade lubricants;

(e) substances not necessary for the kitchen operation such as petroleum products and paints; and

(f) personal care items or medications.

(18) "Potentially hazardous food" means a food that is natural or synthetic and is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms, the growth and toxin production of Clostridium botulinum or in raw shell eggs the growth of Salmonella enteritidis .

(a) the term "potentially hazardous food" includes cut melons, garlic and oil mixtures, a food of animal origin that is raw or heat treated and a food of plant origin that is heat treated or consists of raw seed sprouts; and

(b) the term "potentially hazardous food" does not include:

(i) an air cooled, hard boiled egg with intact shell;

(ii) a food with a hydrogen ion concentration (pH) level of 4.6 or below when measured at 75°F;

(iii) a food with a water activity (Aw) value of 0.85 or less;

(iv) a food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution; or

(v) a food for which laboratory evidence is accepted by the department as demonstrating that rapid and progressive growth of infectious and toxigenic microorganisms or the slower growth of Clostridium botulinum cannot occur.

(19) "Public wastewater system", in accordance with ARM 17.36.101, means a system for collection, transportation, treatment, or disposal of wastewater that serves 15 or more families or 25 or more persons daily for a period of at least 60 days in a calendar year.

(20) "Public water supply system", in accordance with ARM 17.36.101, means a system for the provision of water for human consumption that has at least 15 service connections or that regularly serves at least 25 persons daily for any 60 days or more in a calendar year.

(21) "Regulatory authority" means the department of public health and human services or the local health authority.

(22) "Shared wastewater system", in accordance with ARM 17.36.101, means a wastewater system that serves or is intended to serve two living units or commercial structures. The total number of people served may not exceed 24.

(23) "Shared water system", in accordance with ARM 17.36.101, means a water system that serves or is intended to serve two living units or commercial structures. The total number of people served may not exceed 24.

(24) "Single service articles" means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials and other similar articles intended for one-time, one-person use and then discarded.

(25) "Tableware" means eating, drinking and serving utensils for table use, such as flatware which includes forks, knives and spoons, hollowware including bowls, cups, serving dishes and tumblers and plates.

(26) "Utensil" means a food contact implement or container used in the storage, preparation, transportation, dispensing, or service of food, such as:

(a) kitchenware or tableware that is multi-use or single-use;

(b) gloves used in contact with food; and

(c) food temperature measuring devices.

(1) Bed and breakfast establishments shall submit facility and operating plans to the regulatory authority for review and approval when the following conditions apply:

(a) Before construction commences for a new establishment or for an addition to or an alteration of an existing establishment.

(i) Construction may not commence until all plans required by (1) have been approved by the regulatory authority. Construction must be in accordance with the plans as approved unless permission is granted by the regulatory authority to make changes.

(ii) Approval will be granted for a period not to exceed three years, after which, if construction has not been completed, plans must again be submitted to the regulatory authority for reevaluation.

(b) During the license application process for a bed and breakfast establishment planning to operate in an existing building.

(i) An existing building must receive prior approval from the regulatory authority to be used as a bed and breakfast establishment.

(ii) When a proposal to use an existing building as an establishment involves structural modification, plans meeting the requirements of (2) must be submitted to the regulatory authority for review and approval. If no structural modification is involved, the regulatory authority may waive the requirement for submission of plans if:

(A) an inspection by the regulatory authority indicates that the proposed establishment meets the requirements of this subchapter;

(B) the fire authority approves the building;

(C) the building authority approves the building or waives approval; and

(D) the establishment is in compliance with other state and local requirements.

(2) Facility and operating plans must include the following:

(a) location and detail of storage rooms used for extra bedding and furnishings;

(b) specifications for the water supply to serve the establishment;

(c) evidence of the review and approval of the sewage treatment and disposal system by the local health authority or the Montana Department of Environmental Quality;

(d) location and detail of laundry facilities including description of equipment, floor and wall finish material and a flow chart indicating the route of laundry through sorting, washing, drying, ironing, folding and storage;

(e) specifications for a swimming pool, spa, or other water feature to serve the establishment unless the swimming pool, spa, or other water feature has been previously approved by the department;

(f) identification of the process that will be used to dispose of solid waste;

(g) location of utility sink or a plan for mop water disposal;

(h) specifications for the proposed food service, including menu, equipment, facility design, location, materials and other information necessary to assure the implementation of this rule;

(i) location of hand washing sink(s);

(j) evidence of approval by the building authority;

(k) evidence of approval by the fire authority; and

(l) any other applicable information as requested by the regulatory authority.

(2) Upon notification by the department that an application and fee have been received for a license for a previously unlicensed establishment or by request from the bed and breakfast establishment, the regulatory authority shall make a prelicensing inspection to determine compliance with the requirements of this subchapter.

(3) The regulatory authority shall inspect each licensed establishment within the jurisdiction of the local board of health to determine compliance with this subchapter at least once every 12 months.

(4) If the establishment is in compliance with this subchapter and the department does not receive notification of noncompliance from the building authority or fire authority, a license will be issued or renewed.

(5) A bed and breakfast establishment that serves food only to its registered guests must meet the food service requirements of this rule but does not need a separate food establishment license as required by 50-50-201 , MCA.

(6) An applicant or licensee who is denied a license or whose license is cancelled has the rights specified in 50-51-210 and 50-51-211 , MCA.

(a) demonstrate that the variance requested does not have the potential to cause adverse public health or safety effects and no other reasonable alternative exists; and

(b) describe any measure that will be taken to assure that public health and safety are maintained.

(2) The regulatory authority will maintain a record of the variance requests submitted along with the regulatory authority's responses.

(2) All personnel shall thoroughly wash their hands and the exposed portions of their arms with soap and warm water before starting work, during work, as often as is necessary to keep them clean and especially after smoking, eating, drinking or using the toilet. Employees shall keep their fingernails clean and trimmed.

(3) The outer clothing of all personnel must be clean.

(4) All personnel shall consume food only in areas that will not result in contamination of other food, equipment, utensils or items needing protection.

(5) All personnel shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods in the bed and breakfast establishment.

(2) The register, entry book or card filing system must be available for inspection by the regulatory authority in accordance with 50-16-603 , MCA, which provides for the confidentiality of health care information obtained by the government. The register, entry book or card filing system must be maintained for every calendar year and may not be discarded or destroyed until one year after the calendar year for which it was maintained.

(2) Fluid milk and fluid milk products used or served must be pasteurized and shall meet grade A quality standards. Dry milk and dry milk products must be made from pasteurized milk and milk products.

(3) Only clean whole eggs, with shell intact and without cracks or checks, or pasteurized liquid, frozen, or dry eggs or pasteurized dry egg products must be used, except that hard boiled, peeled eggs commercially prepared and packaged may be used. Guests must be advised if uninspected farm eggs are to be used.

(2) Potentially hazardous foods prepared and held refrigerated for more than 24 hours in a bed and breakfast establishment shall be clearly marked at the time of preparation to indicate the date by which the food will be consumed which is, including the day of preparation:

(a) seven calendar days or less from the day that the food is prepared, if the food is maintained at 41 ˚ F (5 ˚ C) or less; or

(b) four calendar days or less from the day the food is prepared, if the food is maintained at 45 ˚ F (7 ˚ C) or less.

(3) Laundry facilities may be present in the residential kitchen, but may not be used during food preparation and service.

(2) Containers of food must be stored above the floor in a manner that protects the food from splash and other contamination, and that permits easy cleaning of the storage area.

(3) Food and containers of food may not be stored under exposed or unprotected sewer lines or water lines, except for automatic fire protection sprinkler heads that may be required by the fire authority. The storage of food in toilet rooms or entryways is prohibited.

(4) Food not subject to further washing or cooking before service must be stored in a way that protects it against cross contamination from food requiring washing or cooking.

(5) Packaged foods, including wrapped sandwiches, may not be stored in direct contact with water or undrained ice.

(6) Unless its identity is unmistakable, bulk food such as cooking oil, syrup, salt, sugar or flour not stored in the product container or package in which it was obtained must be stored in a container identifying the food by common name.

(7) Enough conveniently located refrigeration facilities or effectively insulated facilities must be provided to assure the maintenance of potentially hazardous food at required temperatures during storage. Each mechanically refrigerated facility storing potentially hazardous food must be provided with a numerically scaled temperature measuring device, accurate to ±3 ˚ F (±1.5 ˚ C) and must be located to measure the air temperature in the warmest part of the facility and must be located to be easily readable. Recording temperature measuring devices accurate to ±3 ˚ F (± 1.5 ˚ C) , may be used in lieu of indicating temperature measuring devices.

(8) Potentially hazardous food requiring refrigeration after preparation shall be rapidly cooled utilizing such methods as shallow pans, agitation, quick chilling or water circulation external to the food container so that the cooling period and internal food temperature total no more than two hours with food cooled from 135°F (57.2°C) to below 70°F (21°C) or below and four hours with food cooled from 70°F (21°C) to 45°F (7°C) or less.

(9) Ice used as a medium for cooling stored food, food containers or food utensils must not be used for human consumption.

(10) The internal temperature throughout potentially hazardous foods requiring hot holding must be 135 ˚ F (57.2 ˚ C) unless maintained in accordance with (8) .

(11) Guest food may be kept in the bed and breakfast establishment's refrigeration equipment, but must be segregated and labeled as not for sale or for use by the establishment.

(1) Food must be prepared with the least possible manual contact, with suitable utensils, and on surfaces that prior to use have been cleaned, rinsed and sanitized to prevent cross contamination. Sinks used for the preparation of foods must be cleaned and sanitized immediately before beginning the preparation of the food.

(2) Raw fruits and raw vegetables must be thoroughly washed with potable water before being cooked or served.

(3) Potentially hazardous foods must be cooked to heat all parts of the food to a temperature of at least 135^oF (57.2 ^oC) , except as follows:

(4) Uncooked, unpasteurized shell eggs may not be used for the preparation of ready-to-eat foods or foods that are not further cooked or baked.

(5) The reheating of food for hot holding must be done as follows:

(6) Potentially hazardous food reheated for hot holding in a microwave oven must:

(a) be covered;

(b) rotated or stirred throughout or midway during cooking or according to label instructions during heating;

(c) heated to a temperature of at least 165^oF (74^oC) ; and

(d) allowed to stand covered for two minutes after reheating.

(7) Digital or dial type metal stem temperature measuring devices accurate to +2^oF (+1^oC) , must be used to assure the attainment and maintenance of proper internal cooking or holding temperatures of all potentially hazardous foods.

(8) Potentially hazardous foods must be thawed:

(a) in refrigerated units at a temperature not to exceed 45^oF (7^oC) ;

(b) under potable running water of a temperature of 70^oF (22^oC) or below, with sufficient water velocity to agitate and float off loose food particles into the overflow for a period of time that does not allow thawed portions of a raw animal food requiring cooking to be above 45^oF (7^oC) for more than four hours;

(c) in a microwave oven only when the food will be immediately transferred to conventional cooking facilities as part of a continuous cooking process or when the entire, uninterrupted cooking process takes place in the microwave oven; or

(d) as part of the conventional cooking process.

(9) Except for cooking and baking uses, potentially hazardous foods, once served, may not be returned to the preparation area and reserved for later meals.

(10) Serving utensils must be used for the display and service of foods during family style meals.

(a) constructed and repaired with safe materials, including finishing materials;

(b) corrosion resistant and nonabsorbent; and

(c) smooth , easily cleanable, and durable under conditions of normal use.

(2) Single-service articles must be made from clean, sanitary and safe materials.

(3) Food equipment, utensils and single-service articles may not impart odors, color or taste, nor contribute to the contamination of food.

(4) Food equipment must be installed according to manufacturer's instructions.

(5) Hard maple or other nonabsorbent material that meets the general requirements set forth in (1) may be used for kitchen utensils, cutting blocks, cutting boards, salad bowls and baker's tables. Wood may be used for single-service articles, such as chop sticks, stirrers or ice cream spoons.

(6) Safe plastic, safe rubber or safe rubber-like materials are permitted for repeated use if they:

(a) are resistant under normal conditions of use to scratching, scoring and decomposition;

(b) are of sufficient weight and thickness to permit cleaning and sanitizing by normal dishwashing methods; and

(c) meet the general requirements set forth in (1) .

(7) Re-use of single-service articles is prohibited.

(8) Food-contact surfaces must be easily cleanable, smooth and free of breaks, open seams, cracks, chips, pits and similar imperfections. Cast iron may be used as a food-contact surface only if the surface is heated, such as in grills, griddle tops and skillets.

(9) Surfaces not intended for contact with food debris or which otherwise require frequent cleaning must be washable, nonabsorbent, accessible for cleaning and must be of such materials and in such repair as to be easily maintained in a clean and sanitary condition.

(10) Ventilation hoods and devices must be designed and installed to prevent grease or condensation from collecting on walls and ceilings and dripping into food or onto food-contact surfaces. Filters or other grease extracting equipment must be readily removable for cleaning and replacement if not designed to be cleaned in place.

(11) Food equipment that was installed in a bed and breakfast establishment prior to July 1, 2003 that does not fully meet all the design and fabrication requirements of this rule may be used if they are in good repair, capable of being maintained in a sanitary condition and the food-contact surfaces are nontoxic, except that:

(a) refrigeration equipment must be capable of holding potentially hazardous foods at or below 45°F (7°C) ;

(b) bed and breakfast establishments serving up to 10 meals per day that have only a two compartment dishwashing sink must install a heat-boosted domestic dishwashing machine or an adequate three compartment dishwashing sink;

(c) bed and breakfast establishments serving more than 10 meals per day must have a three compartment dishwashing sink; and

(d) bed and breakfast establishments licensed on or before July 1, 2003 must meet the provisions of (11) (c) within five years from July 1, 2003, when applicable.

(12) All replacement food equipment and new food equipment acquired after July 1, 2003 must meet the requirements of this rule.

(1) Food contact equipment, surfaces and utensils must be cleaned and sanitized prior to food preparation for the public and after each use.

(2) Sinks, basins or other receptacles used for cleaning equipment and utensils must be cleaned and sanitized before use.

(3) Food equipment and utensils must be preflushed or prescraped and when necessary, presoaked to remove food particles and soil.

(4) Manual cleaning and sanitizing must be conducted in five steps as follows:

(a) prerinsing or scraping;

(b) thoroughly washing in a warm detergent solution that is kept clean;

(c) rinsing with clean water to remove any abrasives and remove or dilute cleaning chemicals;

(d) sanitization ; and

(e) air drying and draining.

(5) The food contact surfaces of all equipment and utensils must be sanitized by:

(a) immersion for at least 1/2 minute in clean, hot water at a temperature of at least 170°F (77°C) or above;

(b) immersion for at least one minute in a clean solution containing at least 50 parts per million ( ppm ) of available chlorine as a hypochlorite and at a temperature of at least 75°F (24°C) ;

(c) immersion for at least one minute in a clean solution containing at least 12.5 ppm of available iodine and having a pH of 5.0 or less and at a temperature of at least 75°F (24°C) ;

(d) immersion for at least one minute in a clean solution containing no more than 200 ppm of a quaternary ammonium compound solution by following manufacturer instructions;

(e) immersion in a clean solution containing any other chemical sanitizing agent approved by the U.S. environmental protection agency that will provide the equivalent bactericidal effect of a solution containing at least 50 ppm of available chlorine as a hypochlorite at a temperature of at least 75°F (24°C) for one minute; or

(f) rinsing , spraying or swabbing with a chemical sanitizing solution of at least twice the strength required for that particular sanitizing solution under (5) (a) through (e) in the case of food equipment being too large to sanitize by immersion.

(6) Chemicals used for sanitization may not have concentrations higher than the maximum permitted by (5) . A test kit or other device that measures the ppm concentration of the solution must be used at least once each business day.

(7) Mechanical cleaning and sanitizing must be conducted using:

(a) commercial dishwashers, which must comply with ARM 37.110.215(17) through (27) ; or

(b) a domestic or home style dishwasher may be used provided the following performance criteria are met:

(i) the dishwasher must effectively remove physical soil from all surfaces of dishes;

(ii) the dishwasher must sanitize dishes by the application of sufficient accumulative heat;

(iii) the operator shall provide and use daily a maximum registering temperature measuring device or a heat thermal label to determine that the dishwasher's internal temperature is a minimum of 150°F (66°C) after the final rinse and drying cycle; and

(iv) the dishwasher must be installed and operated according to manufacturer's instructions for the highest level of sanitization possible when sanitizing utensils and tableware. A copy of the instructions must be available on the premises at all times.

(8) Drainboards , portable dish tubs, or similar devices must be provided for proper handling of soiled utensils prior to washing and for cleaned utensils following sanitizing and must be located so as to not interfere with the proper use of the dishwashing facilities.

(9) Food contact surfaces must be sanitized by one of the following methods:

(a) using moist cloths, which are kept clean and are rinsed frequently in a sanitizing solution mixed at twice the strength required for that sanitizing solution as provided in (5) (a) through (e) . However, using the same cloths and sanitizing solution for both food contact and nonfood contact surfaces is prohibited;

(b) spraying with a sanitizing solution mixed at twice the strength required for that sanitizing solution as provided in (5) (a) through (e) ; or

(c) using an alternative method approved by the regulatory authority.

(2) Cleaned and sanitized food equipment and utensils must be stored above the floor in a clean, dry location in a way that protects them from being contaminated by splash, dust and contaminants. The food contact surfaces of fixed equipment must be protected from contamination. Food equipment and utensils may not be placed under exposed sewer or water lines except for automatic fire protection sprinkler heads.

(3) Utensils must be air dried before being stored or must be stored in a self draining position.

(4) Single-service articles must be stored above the floor in closed cartons or containers which protect them from contamination and must not be placed under exposed sewer or water lines except for automatic fire protection sprinkler heads.

(5) Single-service articles must be handled and dispensed in a manner that prevents contamination of surfaces which may come in contact with food or with the mouth of the user.

(6) Food equipment, utensils or single-service articles may not be stored in toilet rooms or entryways.

(2) Before a license may be issued, an establishment using an individual, shared or multiple user water supply must submit the following to the regulatory authority:

(a) satisfactory coliform bacteria and nitrate test results. Nitrate results in excess of 10 mg/L are considered unsatisfactory; and

(b) the results of an on site sanitary survey of the water supply system to detect sanitary deficiencies.

(3) A supplier of an individual, shared or multiple user water supply shall conduct a coliform bacteria test of the system at least twice a year with one sample collected between April 1 through June 30 and the second sample collected between August 1 through October 31 and shall conduct a nitrate test of the system at least once every three years. A supplier shall keep sampling result records for three years at the premises of the bed and breakfast establishment for review by the regulatory authority.

(4) A supplier of a public water supply shall undertake sample analyses for its system according to ARM Title 17, chapter 38, subchapter 2.

(5) Nonpotable water sources must be marked "not for human consumption".

(6) Plumbing must be installed and maintained in a manner to prevent cross connections between the potable water supply and any nonpotable or questionable water supply or any source of pollution through which the potable water supply might become contaminated. The potable water system must be installed to preclude the possibility of backflow. A hose may not be attached to a faucet unless a backflow prevention device is installed.

(7) Handsinks and bathing facilities must be provided with water at a temperature of at least 100°F (37.8°C) and not more than 120°F (49°C) .

(8) A water supply system is determined to have failed and requires treatment, replacement, repair or disinfection, when the water supply becomes unsafe (when it exceeds the maximum contaminant levels specified in ARM Title 17, chapter 38, subchapter 2) or inadequate (when it is found to be less than 20 psi measured at the extremity of the distribution line during instantaneous peak usage) .

(9) Extension, alteration, repair or replacement of a water supply system or development of a new water supply system must be in accordance with all applicable state and local laws.

(10) Bottled and packaged potable water must be obtained from a licensed and approved source and shall be handled and stored in a way that protects it from contamination. Bottled and packaged potable water for consumer self-service must be dispensed from the original container.

(11) The department hereby adopts and incorporates by reference the provisions of ARM Title 17, chapter 38, subchapter 2, stating maximum allowable contaminant levels, sampling and other requirements for public water supplies. Copies of the above mentioned rules may be obtained from the Department of Public Health and Human Services, Food and Consumer Safety Section, P.O. Box 202951, Helena, MT 59620-2951 or the Department of Environmental Quality, Permitting and Compliance Division, P.O. Box 200901, Helena, MT 59620-0901.

(2) A wastewater system has failed and requires replacement or repair if any of the following conditions occur:

(a) the system fails to accept, treat or dispose of wastewater as designed;

(b) effluent from the wastewater system contaminates a potable water supply or state waters; or

(c) the wastewater system is subjected to mechanical failure, including electrical outage, or collapse or breakage of a septic tank, lead line or drainfield line.

(3) Extension, alteration, replacement or new development of any wastewater system must be done in accordance with all applicable local laws and ARM Title 17, chapter 36, subchapters 1, 3 and 6, which cover the minimum standards for individual, shared or multiple user wastewater systems, as regulated by the Montana department of environmental quality.

(4) Disposing of discharged liquid wastes from sinks, showers, toilets or baths on the ground surface is prohibited. Such waste must be discharged into the wastewater system serving the bed and breakfast establishment or into an alternate system approved by the regulatory authority.

(5) Mop water or heavily soiled cleaning water may not be disposed of in any sink other than a mop or utility sink or a toilet.

(6) The department hereby adopts and incorporates by reference ARM Title 17, chapter 36, subchapters 1, 3 and 6 which set rules for subdivisions and on site subsurface wastewater treatment. Copies of the above rules may be obtained from the Department of Public Health and Human Services, Food and Consumer Safety Section, P.O. Box 202951, Helena, MT 59620-2951, or the Department of Environmental Quality, Permitting and Compliance Division, P.O. Box 200901, Helena, MT 59620-0901.

(2) Toilet rooms must be completely enclosed and the doors must be kept closed when they open into the kitchen. Additionally, if toilet facilities open onto or are located adjacent to the food preparation area, the toilet facilities must contain mechanical ventilation or a window.

(3) Toilet fixtures must be kept clean and in good repair. A supply of toilet tissue must be provided at each toilet at all times. Easily cleanable receptacles must be provided for waste materials.

(2) Hand washing facilities must be conveniently located to the kitchen food preparation area and laundry handling area and must provide hot and cold potable water tempered by means of a mixing valve or combination faucet.

(3) A supply of hand cleansing soap or detergent must be available from a dispensing unit at each hand washing facility. A supply of sanitary, single-use towels must be conveniently located near each hand washing facility. The use of common towels is prohibited. If disposable towels are used, easily cleanable waste receptacles must be conveniently located near the hand washing facilities.

(4) A soap dispenser and disposable towels for use in hand washing must be provided at the kitchen sink. This sink must not be used for hand washing after toilet use. After toilet use, personnel shall wash hands first in an approved hand washing facility before they are washed in the kitchen sink.

(5) Hand washing facilities, soap or detergent dispensers, hand drying devices and all related equipment must be kept clean and in good repair.

(2) Outside storage of unprotected plastic bags or wet strength paper bags or baled units containing garbage or refuse is prohibited. Cardboard or other packaging material not containing garbage or food wastes need not be stored in covered containers.

(3) Garbage and refuse must be disposed of often enough to prevent the development of odor and the attraction of insects and rodents.

(4) Effective measures intended to minimize the presence of rodents, flies, cockroaches and other insects on the premises must be utilized.

(2) Carpeting, if used as a floor covering in food preparation areas or in toilet facilities, must be of closely woven construction. All carpeting located in guest rooms, hallways and other portions of the bed and breakfast used by guests must be properly installed, easily cleanable and maintained in good repair.

(a) a mechanical washer and hot air tumble dryer;

(b) a hot water supply system capable of supplying water at a temperature of 120°F (49°C) to the washer during all periods of use;

(c) detergents ; and

(d) sanitizers approved by the U.S. environmental protection agency.

(2) Bedding, towels and washcloths must be machine washed at a minimum temperature of 120°F (49°C) for a minimum time of eight minutes and dried in a hot air tumble dryer or ironed at a minimum temperature of 150°F (65.5°C) .

(3) Laundry other than bedding, towels and washcloths may be washed at a minimum temperature of 110°F (43.3°C) for at least eight minutes using a detergent and a sanitizer. Bleach, as a hypochlorite, may be used according to manufacturer's specifications during the final rinse.

(4) Manual washing and line drying of bed linen, towels and washcloths is prohibited.

(5) All bed and breakfast establishments must have a sink that can be used for hand washing within a reasonable distance of the laundry. Hands must be washed between the handling of soiled and clean laundry.

(6) To prevent cross contamination, a separate handling process must be used for the sorting and storage of soiled laundry and the folding and storage of clean laundry. Clean cloths and linens must be laundered, stored and protected from contamination between uses.

(2) Maintenance and properly labeled cleaning supplies and cleaning tools such as brooms, mops, vacuum cleaners and similar equipment must be maintained and stored in a way that does not contaminate food, utensils, food equipment or linens or endanger the safety of guests. The storage area for cleaning supplies and cleaning tools must be kept clean.

(3) Toilets, bathtubs, hand washing sinks and showers may not be used for washing and rinsing of mops, brooms, brushes or any other cleaning devices.

(4) Cleaners used in cleaning bathtubs, showers, sinks, urinals, toilet bowls, toilet seats and floors in bathrooms must contain an approved disinfectant or sanitizing agent.

(5) Cleaning devices used for cleaning toilet bowls, urinals, sinks, showers and bathtubs may not be used for any other purpose and must be kept segregated when stored. Cleaning devices used for cleaning toilet bowls and urinals may not be used to clean sinks, showers and bathtubs.

(6) Deodorizers and odor masking agents may not be used unless the room in which it is used is clean to sight and touch.

(7) All bedding, towels and washcloths provided by management must be clean and in good repair. Clean bed sheets and pillowcases must be provided on each bed and shall be replaced by clean, freshly laundered sheets and pillowcases after the departure of each guest and prior to occupancy by the next guest. Clean bedding must be available to each guest on a weekly basis or more often if requested by a guest. Clean towels and washcloths must be available to each guest every three days, at minimum, or more often if requested by a guest.

(8) All furnishings, fixtures, floors, walls and ceilings must be clean and in good repair.

(1) Any swimming pool, spa, or other water feature that exists in a bed and breakfast establishment for guest use must be constructed and operated in compliance with Title 50, chapter 53, MCA, and ARM 37.115.102, 37.115.103, and 37.115.106.

(2) Sauna services that exist in a bed and breakfast establishment for guest use must be operated in a clean and sanitary manner and must be maintained in good repair.

(3) Guest towels provided by the bed and breakfast establishment for use in the swimming and bathing area or in a sauna must be laundered between each guest use.

(4) Copies of ARM 37.115.102, 37.115.103, and 37.115.106 may be obtained from the Department of Public Health and Human Services, Public Health and Safety Division, Food and Consumer Safety Section, P.O. Box 202951, Helena, MT 59620-2951.

(a) wear protective gloves and use an appropriate cleaning solution when cleaning up hazardous materials;

(b) use disposable towels to clean up spills and dispose of the towels in a special biohazard labeled bag;

(c) use a dust pan and brush, cardboard or tongs to clean up broken glass; and

(d) wear waterproof gloves when handling dirty laundry.

(2) All actions that involve contact with blood and other potentially contaminated products should be done in such a way as to minimize splashing, spraying, splattering and the creation of droplets. If workers come into contact with blood or body fluids, they must:

(a) wash their hands or any other contaminated parts of their body with soap and warm water;

(b) wash their hands and potentially exposed skin when they remove protective gloves or other personal protective equipment; and

(c) flush eyes or other mucous membranes with water if these body parts are exposed.

(2) First aid materials must be available on the premises.

(3) Guests must be provided with emergency exit information upon registration.

(a) pets shall be kept out of the kitchen food preparation and dining areas during food preparation and service to the public;

(b) pets shall be kept out of the laundry area during its use; and

(c) birds shall be kept out of the kitchen, dining and laundry areas at all times and be kept away from forced air ducts and heating system areas.

(1) To qualify for reimbursement under 50-51-303 , MCA, the local health authority must either enter into a written, signed cooperative agreement with the department that establishes the duties and responsibilities of the local health authority and the department consistent with this subchapter or meet each of the following requirements:

(a) At least one sanitarian working with or for the local health authority must receive training from the department in bed and breakfast inspection techniques. The department is responsible for making training available on a periodic basis.

(b) The local health authority must ensure that the following are done by the local health officer, sanitarian or sanitarian-in-training:

(i) Upon notification by the department or the establishment, a prelicensing inspection is made to determine compliance with the requirements of this subchapter.

(ii) Each establishment within the jurisdiction of the local health authority is inspected at least once every 12 months or on the schedule specified in a signed agreement with the department.

(iii) Quarterly inspection reports are submitted to the department within 10 days following the closing of each quarter of the fiscal year (1st quarter, September 30; 2nd quarter, December 31; 3rd quarter, March 31; 4th quarter, June 30) on forms approved by the department.

(iv) All documentation of enforcement of this subchapter, including but not limited to inspection reports, consumer complaints, illness investigations, plans of correction and enforcement actions, must be retained for five years and copies of the documentation are submitted or otherwise made available to the department upon request.

(2) A failure by the local health authority to meet all of its responsibilities under the cooperative agreement or under (1 ) ( a) and (b) shall result in the withholding of funds from the local board reimbursement fund in an amount to be determined by the department.

This rule has been repealed.

This rule has been repealed.

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This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) "Approved" means acceptable to the department, based on its determination of conformance with this subchapter and good public health practices.

(2) "Bin placement" means placing sample results into the correct cell within Table 1 in ARM 37.111.832, to determine the required response to those results.

(3) "Bin placement sample" means those samples that will be used to determine bin placement in ARM 37.111.832.

(4) "Chemical" means any substance which has been assigned an EPA Hazardous Waste Number.

(5) "Contamination" means impairment or other alteration of the physical, chemical, or biological properties of water, including causing violation of the maximum contaminant levels for public water supplies contained in ARM Title 17, chapter 38, subchapter 2 or otherwise creating a hazard to human health.

(6) "Department" means the Department of Public Health and Human Services.

(7) "First-draw sample" means a 250 milliliter sample of tap water that has stood motionless in the plumbing pipes for at least six hours and is collected without flushing the tap.

(8) "Fixtures" means any shower, toilet, toilet seat, urinal, lavatory, drinking fountain, kitchen sink, janitor and custodial sink, utensil sink, handwashing sink, eye washing station, emergency shower, and all exposed plumbing integral to them.

(9) "Floors" means floor covering of all rooms including stairways, hallways, and lobbies.

(10) "Foot Candles" is the unit as defined as the amount of illumination the inside surface of a one-foot-radius sphere would be receiving if there were a uniform point source of one candela in the exact center of the sphere.

(11) "Furnishings" means draperies, curtains, blinds, light fixtures, chairs, tables, desks, shelves, and bookcases.

(12) "Green products" means products and services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison applies to raw materials, manufacturing, packaging, distribution, use, reuse, operation, maintenance, and disposal. These products have a "Green Approval Stamp" certified by at least one of the following organizations: Green Seal, UL ECOLOGO®, the EPA Safer Choice, and the USDA Bio-Preferred.

(13) "Human consumption fixture (HCF)" means any endpoint device that provides or may reasonably provide water for human consumption or for food preparation.

(14) "Inactive" means the student population is not accessing the school for a period of more than 3 days. This includes, but is not limited to: holidays, summer vacation, or emergency situations.

(15) "Laboratory" or "Lab" is any space where hazardous chemicals are used for educational purposes.

(16) "Local education agency (LEA)" means the local school district board of trustees recognized as the administrative agency for a public elementary or secondary school.

(17) "Local health authority" means a local health officer, local sanitarian, or their authorized agents.

(18) "Pest" means any animal, plant, or other organism which has a harmful effect on humans, their food, or the conditions of their school, workplace, home, or recreation sites.

(19) "Radon" is a colorless, odorless, tasteless gas and comes from the natural breakdown of uranium in the ground.

(20) "Sanitarian" means a person, by reason of the person's special knowledge of the physical, biological, and chemical sciences and the principles and methods of public health acquired by professional education and practical experience through inspectional, educational, or enforcement duties, who is qualified to practice the profession of sanitarian.

(21) "School" means a building or structure, or portion thereof occupied for the teaching of individuals, the curriculum of which satisfies the basic instructional program approved by the Board of Public Education for pupils in any combination of kindergarten through grade 12, but excludes home schools as that term is defined in 20-5-102(2)(e), MCA.

(22) "School administrator" has the meaning provided for under ARM 10.55.602.

(23) "School site" means the ground immediately adjacent to a school used on a regular basis for school-related activity. 

(1) For purposes of this subchapter, the department adopts and incorporates by reference the following:

(a) Department of Public Health and Human Services and Department of Environmental Quality "Recommendations for Outdoor Activities Based on Air Quality for School and Child Care Facilities" (2018 edition).

(b) 29 CFR 1910.1450 "Occupational exposure to hazardous chemicals in laboratories" (effective January 22, 2013).

(c) ARM Title 17, chapter 38, subchapter 2, setting forth public water supply requirements.

(d) United States Consumer Product Safety Commission "Public Playground Safety Handbook" (2010 edition).

(e) United States Department of Justice "2010 ADA Standards for Accessible Design."

(f) Department of Environmental Quality Circular 4, "Montana Standards for Subsurface Wastewater Treatment Systems (2013 edition), setting forth construction and operation standards for sewage systems.

(g) The definition of "school administrator" provided for under ARM 10.55.602.

(2) Copies of these publications may be obtained from the Department of Public Health and Human Services, Chronic Disease Prevention and Health Promotion Bureau, chronicdiseaseprevention@mt.gov; 1(844)684-5848, CDPHP Bureau, P.O. Box 202951, 1400 Broadway, Suite C317, Helena MT 59601.

(1) Before construction commences, plans for construction of a new school or an addition to or an alteration of an existing school must be submitted to the department or local health authority for review and approval. Plans must include the following where applicable:

(a) location and detail of classrooms used for science or science laboratories, consumer science, art classrooms, art supply rooms, mechanic/carpentry, and industrial arts, including location and ventilation detail of lockable storage area of chemicals and other hazardous products;

(b) location and detail of janitorial facilities;

(c) specifications for the sewage treatment and disposal system to serve the school, except as provided in (2);

(d) specifications for the water supply to serve the school, except as provided in (2);

(e) locations for all emergency eyewash and shower stations, which must meet the American National Standard for Emergency Eyewash and Shower Equipment (ANSI/ISEA Z358.1);

(f) location and detail of laundry facilities including description of equipment and a flow chart indicating the route of laundry through sorting, washing, drying, ironing, folding, and storage;

(g) specifications for the final finishes of floors, walls and ceilings in toilet, locker and shower rooms, laundries, and janitorial closets;

(h) a statement from the designer of the facilities that lighting capable of meeting the minimum requirements of ARM 37.111.830 will be provided;

(i) location and detail of the solid waste storage facilities;

(j) name of DEQ-approved sanitary landfill which will receive solid waste from the school;

(k) specifications for a food service to serve the school unless the food service has been previously approved by the department and/or local health department;

(l) any other information requested by the department or local health authority relating to the health, sanitation, safety, and physical well-being of the teachers, staff, and students;

(m) specifications for any new or modified playground equipment, which must comply with the standards of the United States Consumer Product Safety Commission's Handbook for Public Playground Safety (2010 edition) and the requirements of the 2010 ADA Standards for Accessible Design;

(n) specifications for any new or modified air intakes; and

(o) specifications for any radon-resistant technique used in the building process.

(2) If the sewage treatment or disposal system or water supply has been previously approved by the department and/or DEQ and is designed to handle any increased load necessitated by the school's use, the applicant need not submit system specifications, but must submit written certification that the owner of the system has agreed to provide service.

(3) Schools must be constructed in locations which present the least risk of exposure to pollutants or other health hazards originating onsite or offsite. If potential environmental concerns are identified during the preconstruction process, and the Local Education Agency (LEA) still desires to consider the site, a more comprehensive environmental review must be performed with the help of the department, the local health authority, or DEQ.

(4) The topography of the site must permit good drainage of surface water away from the school building to eliminate significant areas of standing water and infiltration of surface water into the school building.

(5) All chemical storage areas in new construction must be constructed to maintain negative air pressure to eliminate contamination of the school's indoor air quality by being vented to the outside of the building.

(6) Gas supply lines serving science laboratories, consumer science, industrial arts, and other rooms utilizing multiple outlets must have a master shut-off valve that is readily accessible to the instructor or instructors-in-charge without leaving the classroom or storage area.

(7) Industrial arts classrooms or buildings and other rooms using electrically operated instruction equipment which presents a significant safety hazard to the student utilizing such equipment must be supplied with a master electric switch readily accessible to the instructor or instructors-in-charge without leaving the classroom or storage area.

(8) Janitorial storage spaces must be constructed to meet the following requirements:

(a) must be lockable;

(b) must include a storage area for equipment and chemicals; and

(c) must be vented to the outside of the building.

(9) Hot and cold water must be provided to handwashing sinks and shower facilities. Hot water must not be below 100° F nor exceed a temperature of 120° F.

(10) The department recommends the use of radon prevention strategies in new construction.

(11) Construction may not commence until all plans required by (1) through (9) have been approved by the department or local health authority. The department or local health authority must complete this review within 60 days after submission to them of complete plans and specifications. Construction must be in accordance with the plans as approved unless permission is granted in writing by the department or local health authority to make changes.

(12) Approval will be granted for a period not to exceed 3 years, after which, if construction has not been completed, plans must again be submitted to the department or local health authority for re-evaluation.

(1) An existing building not currently used as a school may not be used as a school without the prior approval of the department or local health authority.

(a) When a proposal to use an existing building as a school involves physical modification, plans meeting the requirements of ARM 37.111.804(1) through (9) must be submitted to the department or local health authority for review and approval. If no physical modification is involved, the department or local health authority may waive the requirement for submission of plans if an inspection by the department or local health authority indicates that the proposed school meets the requirements of this subchapter.

(b) The use of modular or mobile buildings in response to temporary or permanent closure of the existing school facility, segments thereof, or classroom overflow may be granted a one-year written exemption from the requirements of ARM 37.111.804 by the department or local health authority. Plans to continue use of modular or mobile buildings past one year must be shared with the local health authority or department.

(2) If a local health authority conducts a plan review pursuant to ARM 37.111.804 or 37.111.805 and approves the plans, the local health authority shall submit written certification of such approval to the department no later than 30 days following such approval.

(1) Representatives of the department or local health authority must be permitted to enter any school at any reasonable time for the purpose of making inspections to determine compliance with this subchapter. Annual inspections must be conducted by a school administrator, facility manager, or other staff member approved by the school administration, as well as having a department or local health authority inspection once a year, or as necessary. The department or local health authority may determine that special circumstances or local conditions warrant inspections with greater or less frequency. Upon receiving a complaint, the local health authority may determine if more inspections are necessary.

(2) Inspections of school facilities must be done using forms approved by the department.

(3) Inspection records must be kept on file at the school for at least three years from the time of inspection.

(4) Following each inspection, representatives of the department or local health authority must give the school administration a copy of an inspection report which notes any deficiencies and sets a time schedule for compliance. The report must document deficiencies. 

(1) A school must comply with the following physical requirements:

(a) Floors, walls, and ceilings in toilet, locker, and shower rooms, laundries, janitorial closets, and similar rooms subject to large amounts of moisture must be maintained in a smooth and non-absorbent condition. Non-absorbent, non-skid floor matting may be used where appropriate to prevent injury.

(b) Adequate coat/jacket and book storage for each student must be provided.

(c) Beginning September 1, 2021, the school shall have and follow written policies and procedures regarding the storage, administration, and lawful disposal of prescription, nonprescription, and over-the-counter medication.

(d) All non-emergency medication must be kept in a locked, nonportable container, stored in its original container with the original prescription label. Epinephrine, naloxone, and student emergency medication may be kept in portable containers and transported by the school nurse or other authorized school personnel.

(e) Food is not allowed to be stored in refrigeration units with medications.

(f) Schools must comply with the applicable requirements of Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C 207) and 39-2-215, MCA, requiring employers to provide a nursing mother reasonable break time and a place to express breast milk after the birth of her child.

(g) The school must provide reasonable accommodations for students and staff on the school campus to express breast milk, breastfeed an infant child, or address other needs related to breastfeeding. Reasonable accommodations include, but are not limited to:

(i) access to a place, that is shielded from view and free from intrusion from the public, students, and other staff, to express breast milk or breastfeed an infant child;

(ii) permission to bring onto a school campus a breast pump and any other equipment used to express breast milk;

(iii) access to a power source for a breast pump or any other equipment used to express breast milk; and

(iv) access to a place to store expressed breast milk safely.

(h) The school must take measures consistent with the programmatic and developmental needs of its students to ensure the safe use and secure storage of any equipment including but not limited to: kitchen appliances, industrial arts equipment, maintenance tools, and hazardous art supplies.

(i) To reduce the spread of animal-borne diseases, livestock and poultry must be located more than 50 feet from food service areas, offices, or classrooms except those offices and classrooms associated with animal husbandry activities or other demonstrations as approved by the school administration. In classrooms, offices, or food service areas where livestock and poultry are approved by the administrator, animals must not have contact with eating or serving surfaces.

(2) In addition to compliance with this subchapter, school officials must comply with the Building and Fire Safety Codes administered by the State Building Codes Division and the State Fire Marshal or by local building officials (see Title 50, chapters 60 and 61, MCA, and rules adopted thereunder).

(1) Janitorial and other storage areas that contain toxic or hazardous materials must be kept locked between periods of use. Custodial closets, boiler rooms, and other areas where hazardous or poisonous compounds are stored must be inaccessible to students.

(2) All cleaning compounds and other toxic chemicals not stored in the product container or package in which it was obtained must be stored in a labeled container that clearly identifies the product by name.

(3) Chemicals must be stored as specified by the chemical's Safety Data Sheet (SDS).

(4) The school and school site must be free of objects or conditions which create unreasonable or unnecessary dangers to health or safety.

(5) First aid kits and AEDs must be provided and stored in accessible locations that are easily identifiable to staff and trained personnel.

(6) Playground and school yards must be inspected every month by the facility manager or other school personnel and the inspection must be recorded and records kept on the school site. Inspections must be conducted using a playground safety checklist approved by the department.

(7) Playground inspection results must be made available for review by the local health authority or the department upon request.

(8) Periodic maintenance and repair must be performed on playground equipment according to the manufacturer's specifications. Repairs, not including the leveling of fall protection material, must be documented.

(9) Playground equipment must be maintained in a safe condition.

(1) Schools must comply with the Montana Employee and Community Hazardous Chemical Information Act (ECHCIA), 50-78-101, MCA, et seq.  

(2) Schools containing science labs, industrial arts classrooms or buildings, and art labs that use and store hazardous chemicals must maintain a Chemical Hygiene Plan (CHP) and designate a Chemical Hygiene Officer (dCHO) in accordance with the requirements of the Occupational Safety and Health Administration (OSHA) Occupational Exposure to Hazardous Chemicals in Laboratories standard 29 CFR 1910.1450. 

(3)  CHPs must include plans for appropriate selection, storage, inventory, use, and disposal of hazardous chemicals, and biological materials.

(a) The dCHO has primary responsibility for ensuring the implementation of all components of the CHP.

(b) The school Chemical Hygiene Officer (sCHO) must oversee the implementation and enforcement of the schools' CHP at their school(s). A science chairperson, equivalently qualified faculty member, or staff member with knowledge of the chemicals used in the school may be designated as the sCHO.

(4)  Safety Data Sheets (SDS) for all materials in science labs, industrial arts classrooms or buildings, art labs, and lab storage rooms will be stored in those rooms and be accessible at all times.

(a) The SDS must also be kept in a secure, remote site outside of the science labs, industrial arts classroom or buildings, art labs, and lab storage rooms.

(5) All storage areas must be kept clean and organized according to OSHA Standard 29 CFR 1910.1450.

(6) Unused hazardous materials must be disposed of in a timely manner as stated by the manufacturer and approved by the DEQ). Schools must consult with the DEQ and the department for additional information about how they can properly discard hazardous material.

(1) Soap and disposable towels or other hand-drying devices must be available at all handwashing sinks. Common-use towels are prohibited.

(2) Sanitary napkin disposal must be provided for girls of age ten or older and in teachers' toilet rooms and nurses' toilet rooms. The school must provide either sanitary napkin dispensers in the girls', nurses', and teachers' toilet rooms or some other readily available on-site access to sanitary napkins.

(3) If a student or a staff member develops symptoms of any reportable communicable or infectious illness as defined by ARM 37.114.203 while at school, the responsible school officials shall do the following:

(a) isolate the student or staff member immediately from other children;

(b) if the individual is a student, inform the parent or guardian as soon as possible about the illness and request him or her to pick up the student; and

(c) consult with a physician, other qualified medical professional, or the local county health department to determine if the case should be reported to the local health officer pursuant to 37-2-301, MCA.

(4) Schools shall develop and enforce policies on first aid which include, at a minimum, the following:

(a) obtaining emergency phone numbers for parents or guardians;

(b) procedures to be followed in the event of accidents, injuries, or chronic disease exacerbations; and

(c) emergency coverage, including the presence of a person with a valid American Red Cross, American Heart Association, or American Health and Safety Institute CPR and first aid certification from an equivalent first aid course, during school-sponsored activities, including field trips, athletic, and other off-campus events. Recommendations for first aid supplies, health history tracking, emergency contact forms, chronic disease management training, and policies may be secured from the Department of Public Health and Human Services, Public Health and Safety Division, Food and Consumer Safety Section and the Chronic Disease Prevention and Health Promotion Bureau, 1400 Broadway, P.O. Box 202951, Helena, Montana 59620-2951.

(5) In addition to the requirements of 50-40-104 and 20-1-220, MCA, "no tobacco use/electronic cigarette" signs must be posted at school building entrances and should be clearly visible. Tobacco/electronic cigarette use must be prohibited in school vehicles at all times.

(6) In addition to the requirements of this rule, school officials should also be aware of the need to comply with the laws and rules relating to the immunization of children in ARM Title 37, chapter 114 and communicable disease reporting in 37-2-301, MCA. Copies of these requirements may be obtained from the Department of Public Health and Human Services, Public Health and Safety Division, Communicable Disease and Epidemiology Section, 1400 Broadway, P.O. Box 202951, Helena, Montana 59620-2951, or by visiting the website at https://dphhs.mt.gov/publichealth/epidemiology.

(7) Pursuant to the advisory authority of 50-1-202, MCA, the department recommends that students be evaluated by registered professional nurses or other appropriately qualified health professionals on a periodic basis in order to identify those health problems which have the potential for interfering with learning, including:

(a) assessment of student's health and developmental status;

(b) vision screening;

(c) hearing screening;

(d) chemical and alcohol abuse;

(e) mental health screening;

(f) nutritional screening; and

(g) dental screening.

(1) Ventilation systems must undergo annual checks by the school facility manager, school administrator, or administrator-approved staff to ensure they are operating within manufacturer parameters.

(2) Air filters must have a minimum efficiency reporting value of between 8 and 13 as recommended by the National Air Filtration Association and the Environmental Protection Agency (EPA) unless other types of non-MERV rated filters are used.

(a) The department recommends that schools with ventilation systems using MERV rated air filters change their filters to MERV 13 or greater during times of poor outdoor air quality.

(b) Schools using electrostatic air filters must clean the filters according to manufacturer specifications.

(3) The school facility manager, school administrator, lead teacher, or other administrator-approved staff must complete annual indoor air quality inspections using the Walk Through Inspection Checklist from EPA's Indoor Air Quality Tools for Schools or other department-approved inspection form.

(a) Schools must maintain records of indoor air quality inspection on site for no less than three years and the records must be made available to the local health authority and the department upon request.

(1) Schools must reference the Recommendations for Outdoor Activities Based on Air Quality for School and Child Care Facilities developed by the Montana Department of Public Health and Human Services and the Montana Department of Environmental Quality to determine local air quality conditions and choose to cancel outdoor recess and delay or not delay outdoor school-sponsored events. 

(2) Schools must have a protocol in place on how to limit the infiltration of outside air into the school during poor air quality conditions.

(1) Sources of illumination, both natural and artificial, should be provided with light diffusion means, or should be of a type and design which limits excessive glare.

(2) The following minimum lighting, measured in foot-candles, should be maintained during all periods of use:

(a) hallways, corridors, storerooms, locker rooms, shower rooms, auditoriums (not for study) -- 10;

(b) cafeterias, reception rooms, swimming rooms, gymnasiums, toilet rooms, laundry rooms -- 20;

(c) classrooms, study halls, lecture rooms, art rooms, libraries -- 50;

(3) In shops, laboratories, drafting rooms, typing rooms, home economics rooms, or other areas where pupils use specific machines or equipment, a minimum of 100 footcandles should be maintained on such machinery or equipment while in use.

This rule has been repealed.

(1) The department adopts and incorporates by reference ARM Title 17, chapter 38, subchapters 1 and 2, which set forth standards for design, operation, and maintenance of public water supplies; DEQ Circulars 1, 3, and PWS 5, published by the Department of Environmental Quality, which sets construction, operation, and maintenance standards for small water systems, and the Department Nonpublic Water Supply Circular Food and Consumer Safety 1-2016 (FCS 1-2016). Copies of these publications may be obtained from the Department of Public Health and Human Services, Public Health and Safety Division, Food and Consumer Safety Section, 1400 Broadway, P.O. Box 202951, Helena, Montana 59620-2951.

(2) In order to ensure an adequate and potable supply of water, a school must either:

(a) connect to a water supply system meeting the requirements of ARM Title 17, chapter 38, subchapters 1 and 2; or

(b) if the school is not utilized by more than 25 persons daily at least 60 days out of the calendar year, including staff and students, and an adequate public water supply system satisfying the requirements of ARM Title 17, chapter 38, subchapters 1 and 2, is not accessible, utilize a non-public system whose construction and use meet the standards set in Nonpublic Water Supply Circular Food and Consumer Safety 1-2016 published by the department.

(3) A water supply system of a type other than described in this rule may be utilized only if it is designed by a professional engineer and offers equivalent sanitary protection as determined by the department or local health authority.

(4) If a water supply system is used other than described in (2)(a) above, a school must submit a water sample at least quarterly to a laboratory licensed by the department to perform microbiological analysis of the water supplied in order to determine that the water does not exceed the maximum microbiological contaminant levels stated in ARM 17.38.207 and following all testing requirements in Circular FCS 1-2016.

(5) A school must replace or repair the water supply system serving it whenever the water supply:

(a) contains microbiological contaminants in excess of the maximum levels contained in ARM 17.38.207;

(b) exceeds the Maximum Contaminant Level (MCL) for all other contaminants in Circular FCS 1-2016; or

(c) does not have the capacity to provide adequate water for drinking, cooking, personal hygiene, laundry, and water-carried waste disposal.

(6) Common drinking cups or containers are prohibited.

(7) Where water under pressure cannot be made available, the drinking water from an approved source must be stored in a clean and sanitized container having a tight-fitting lid and a suitable faucet apparatus for filling individual cups. Single service drinking cups must be provided.

(8) Schools must sample all water fountains and sinks used for food preparation. All other potential human consumption fixtures (HCF) must be sampled, unless the school or school district submits a testing plan to the DEQ to test a representative sample of potential HCFs in the school. Proposed testing plans will be approved or denied by the DEQ. Initial samples must be taken by December 31, 2021. All samples must be analyzed by a Montana certified lab using EPA-approved standard drinking water methods for the detection and quantification of lead.

(a) Schools must submit to the department a basic schematic and inventory identifying plumbing materials, all fixture locations, and those fixtures meeting the definition of a HCF. Templates for creating the schematic and inventory are available from the department or the Montana Department of Environmental Quality (DEQ) and can be used to complete this requirement. Lead service lines must be clearly identified in the inventory and should be considered for replacement.

(b) The schematic and inventory must be maintained by the school and shall record any repair, modification, or change in water source that may result in a change in lead exposure from water. Sample results for each HCF must also be maintained in conjunction with the plan and inventory.

(c) All samples collected must be first-draw samples unless otherwise requested or approved by the department or DEQ and samples must be reported to DEQ.

(d) Each first-draw sample for lead must be 250 milliliters in volume and must have stood motionless in the plumbing system of each sampling site for at least six hours. For fixtures with hot and cold water, first-draw samples must only be collected from the cold water. First-draw samples may be collected by a school representative instructed in the proper sampling procedures specified in this rule.

(e) All sample results must be submitted electronically to DEQ in a format approved by the department. All sample results must be submitted to DEQ no later than 72 hours after the school has received the results. Sample results may be submitted to DEQ by certified labs on behalf of the school.

(f) All samples will be considered bin placement samples and must be placed into the appropriate bin in Table 1 unless otherwise designated by the department or DEQ. Follow-up actions are required for each HCF based on the bin placement.

(g) All schools must conduct follow-up sampling of each HCF according to the requirements of Table 2.

(h) Schools must make test results publicly available.

(9) By September 1, 2021, all schools must create and implement a flushing program unless the school meets the waiver requirements indicated under (9)(c).

(a) Schools must use the template provided by the department to produce their flushing program.

(b) Flushing will be required following any period of time during which the school is inactive.

(c) Schools may apply to DEQ for a flushing program waiver based on materials inventory and certification by the school that the school meets the lead-free definition as defined in Section 1417 of the Safe Drinking Water Act.

Table 1.

Table 2.

(1) In order to ensure waste water is completely and safely disposed of, a school must:

(a) connect to a public waste water system meeting the requirements of ARM Title 17, chapter 38, subchapter 1; or

(b) if the school is not utilized by more than 25 persons daily at least 60 days out of the calendar year, including staff and students, and an adequate public waste water system satisfying the requirements of ARM Title 17, chapter 38, subchapter 1 is not available, utilize a non-public system whose construction and use meet the construction and operation standards contained in DEQ Circular 4.

(2) Where pit privies are currently in use, the privies must be operated and maintained in compliance with the standards specified in DEQ Circular 4.

(3) A waste water system design of a type other than described in this rule may be utilized only if it is designed by a professional engineer and offers equivalent sanitary protection as determined by the department, DEQ, or local health authority.

(1) In order to ensure that solid waste is safely stored and disposed of, a school must:

(a) store all solid waste between collections in containers which have lids, are corrosion-resistant, and are constructed to minimize pest attraction and harborage;

(b) clean all solid waste containers with sufficient frequency to maintain them in a condition which minimizes pest attraction;

(c) for exterior containers other than dumpsters or compactors, utilize stands which prevent the containers from being tipped, protect them from deterioration, and allow easy cleaning below and around them;

(i) dumpsters or compactors must be located on or above a smooth surface of non-absorbent material, such as concrete or asphalt, that is maintained in clean and good condition;

(d) transport, or utilize a private or municipal hauler to transport, the solid waste at least weekly to a landfill site approved by the Department of Environmental Quality in a covered vehicle or covered containers.

(2) Solid waste includes recycling material.

(1) Laundries operated in conjunction with or utilized by a school must be provided with:

(a) a mechanical washer and hot air tumble dryer. Manual washing and line drying of towels and other laundry items is prohibited. Dryers must be properly vented to prevent maintenance problems and buildup of moisture.

(b) a hot water supply system capable of supplying water at a temperature of 120°F to the washer during all periods of use.

(c) sufficient separation between the area used for sorting and storing soiled laundry and the area used for folding and storing clean laundry to prevent the possibility of cross-contamination.

(d) separate carts for transporting soiled and clean laundry.

(e) handwashing facilities including sink, soap, and disposable towels. A soak sink may double as a handwashing sink.

(2) Towels and other laundry items must be machine washed at a minimum temperature of 120°F for a minimum time of ten minutes and dried to greater or equal to 130°F for ten minutes in a hot air tumble dryer.

(1) A school must comply with the following cleaning and maintenance requirements:

(a) Daily cleaning and maintenance services must be provided whenever the school is in use.

(b) Each janitor room must be kept clean, ventilated, lockable, and free from odors.

(c) Soiled mop heads must be changed frequently, using laundered replacements.

(d) Toilets, lavatories, and showers must not be used for washing and rinsing of mops, brooms, brushes, or any other cleaning device.

(e) Cleaners used in cleaning showers, lavatories, urinals, toilet bowls, toilet seats, and floors must contain fungicides or germicides.

(f) Deodorizers and odor-masking agents must not be used.

(g) Toilet bowl brushes, mops and sponges must be used only for cleaning toilet bowls and urinals and must be stored separately from other cleaning devices. Cleaning devices used for lavatories and showers may not be used for any other purposes.

(h) Dry dust mops and dry dust cloths for cleaning purposes are prohibited, except for use on gymnasium floors. Only treated mops, wet mops, treated cloths, moist cloths or other means approved by the department or health authority which will not spread soil from one place to another may be used for dusting and cleaning, with the exception of gymnasium floors.

(i) All furnishings, fixtures, floors, walls, and ceilings must be clean and in good repair.

(j) Cleaning compounds and pesticides must be stored, used, and disposed of in accordance with the manufacturer's instructions.

(k) Safety data sheets must be kept with all cleaning supplies in the area where the cleaning supplies are located.

(l) As current non-green cleaning supplies are depleted it is recommended that they are replaced with cleaning products that are "Green Products."

(m) All cleaning supplies need to have an EPA registration number, a "use by" reading letter, be stored with approved ventilation, and out of the reach of students.

(n) There must be an approved district policy on how to safely clean up vomit, blood, and fecal matter including diarrhea. Cleaning supplies used for vomit, blood, and fecal matter must be disposed of per approved district policy.

(o) Whenever therapeutic whirlpools are used, they must be constructed and maintained for easy cleaning. Whirlpools must be drained and sanitized after each use. Individuals with open sores or infections are prohibited from using therapeutic whirlpools.

(1) Whenever a food service is operated as an integral part of a school, compliance with ARM Title 37, chapter 110, subchapter 2, rules for food service establishments, is required.

(a) If the food service is available only to staff and students of the school and their guests, licensure as a food service establishment is not required, but compliance with ARM Title 37, chapter 110, subchapter 2, rules for food service establishments, is required.

(1) The school and school site must be maintained free of harborage for insects, rodents, and other pests. Extermination methods and other measures to control pests must conform with the requirements of the department or the local health authority.

(2) All areas must be maintained free of accumulation of debris or standing water which may provide harborage for pests.

(3) Storage areas must be maintained so as to prevent pest harborage. Lumber, pipe, and other building materials must be stored neatly.

(4) The growth of brush, weeds, and grass must be controlled to prevent harborage of pests. School grounds must be maintained to prevent the growth of noxious weeds considered detrimental to health.

(5) Schools must develop and implement an approved Integrated Pest Management (IPM) program beginning September 1, 2021. Students, parents, and staff must be notified when chemicals for IPM are going to be used.

(6) The school IPM must include strategies to prevent the spread of pests.

(7) The school administrator must, whenever practical, ensure the use of nonchemical methods to control pests, including proper sanitation practices, structural repair, and window screens.

(8) Except as provided in (9)(c), at least 24 hours before the application of a pesticide to an area of the school that is used by or is accessible to students, the school administrator must notify parents or guardians of students of the application. A notice of application must include:

(a) a description of the area where the pesticide will be applied;

(b) the date and approximate time of application;

(c) the common or brand name of each pesticide to be used;

(d) the targeted pests to be controlled by the pesticide;

(e) each active ingredient in the pesticide;

(f) the EPA registration number;

(g) the telephone contact number, if any, on the label of the pesticide for additional information about each pesticide; and

(h) a contact name and telephone number at the school.

(i) If the application will be outdoors, the notification must also include three dates in chronological order in case the preceding date is canceled due to weather.

(9) During the school term the required notification must be made by individual notice delivered by phone, face-to-face oral communication, electronic mail, postal mail, or facsimile. A school or school district may also develop a registration system to provide this notification only to those parents who wish to receive the notification. If the school or school district develops a registration system, the school administrator must provide written notice to the parents or guardians of the students at the beginning of the school year, or upon a student's enrollment, that pesticides may be used in or around the school, and must explain to each parent or guardian how to register to be notified at least 24 hours before a pesticide treatment.

(a) If pesticides are used outside the school term and the school is open or to be accessible by the public, the notification required must be prominently posted in a conspicuous location on the school premises at least 24 hours before the pesticide treatment is scheduled to begin.

(b) Immediately before starting the application of a pesticide, the certified applicator must post in the area of the school where the pesticide is to be applied, a sign 8.5x11-inch in size, or greater. Fonts must be no smaller than 26 point (one-fourth inch). The school administrator must ensure the sign remains posted and students are kept out of the treated area until the reentry interval on the label, if any, has expired, or, if the label does not specify a reentry interval, for at least 24 hours.

(c) A school administrator may authorize an immediate pesticide treatment without prior notification if the school administrator determines an emergency exists. An emergency includes an immediate and unanticipated threat to the health and safety of the individuals at the school. An emergency does not exempt the school from the requirements of (10).

(d) The following pesticide applications are not subject to the notification or posting requirements of this rule:

(i) applications of antimicrobial pesticides;

(ii) an application where the school remains unoccupied for a continuous 72-hour period following the application of the pesticide;

(iii) applications of rodenticides in tamper-resistant bait stations or in areas inaccessible to students; and

(iv) applications of silica gels and other ready-to-use pastes, foams, or gels that will be used in areas inaccessible to students.

(10) A school administrator must keep records of pesticide applications subject to the notification and posting requirements of this rule.

(a) Records must include:

(i) a copy of each notice issued;

(ii) the date of application;

(iii) the name and employer of the individual who applied the pesticide, including the individual's certification number;

(iv) the rate of application;

(v) the concentration of the pesticide applied; and

(vi) the total amount of pesticide used.

(b) If a school administrator authorizes a pesticide application under (9)(c), all the information that is required in a notice under (8) must be included in the record.

(c) Records must be kept for at least five years and must be made available to the local health authority, the department, or the public for review upon request.

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In addition to the definitions contained in 50-52-101, MCA, the following definitions apply to this subchapter:

(1) "Alteration" means an expansion, change in purpose, or change in use of any portion of an existing trailer court, campground, work camp, or youth camp. The term includes changing from a trailer court to a campground, adding additional spaces, or changing from a work camp to a campground. The term does not include landscaping alterations that do not affect the number of spaces.

(2) "Applicant" means the owner or person responsible for the license application or plan submittal.

(3) "Approved" means acceptable to the regulatory authority, based on its determination of conformance with Montana statutes, this subchapter, and good public health practices.

(4) "Bedding" means a mattress, box springs, mattress cover, mattress pad, sheets, pillow slip, pillow, pillow cover, blanket, comforter, quilt, duvet, and/or bedspread.

(5) "Building authority" means the Department of Labor and Industry Building Codes Program or its local authorized agent.

(6)  "Camp" means a parcel of land on which facilities are provided including designated sites, barracks or structures, any appurtenant water supply and distribution system, wastewater collection and treatment system, solid waste collection and disposal system, or food service and dining facilities.

(7)  "Camping unit" means a portable, temporary dwelling supplied by the occupant, including a camping trailer, recreational vehicle, motor home, bus, van, pickup truck, yurt, tipi, or tent.

(8)  "Connection" means a line that provides water or sewer service to a designated site, a mobile home site, or a single building or main building with accessory buildings and that is designed to service line specifications.

(9) "Contamination" means impairment or other alteration of the physical, chemical, or biological properties of water, including causing violation of the surface water quality standards contained in ARM Title 17, chapter 30, subchapter 6 or of the maximum contaminant levels for public water supplies contained in ARM Title 17, chapter 38, subchapter 2, or otherwise creating a hazard to human health.

(10)  "Dependent unit" means a camping unit or a shelter unit without a water storage tank and a wastewater holding tank as an integral part of the unit and plumbing for potable water and a toilet.

(11) "Designated site" means the permanent area that is designated or used for a camping unit or a shelter unit.

(12)  "Independent unit" means a camping unit or shelter unit containing a water storage tank and a wastewater holding tank as an integral part of the unit and plumbing for potable water and a toilet.

(13) "Local regulatory authority" means the local health officer, local sanitarian, or other authorized representative of the local government having jurisdiction.

(14)  "Mobile home" means a trailer equipped with necessary service connections that is designed for use as a long-term residence and not on a permanent foundation.  The term may include mobile homes, trailers, manufactured homes, modular homes, park model homes, and tiny houses.

(15)  "Mobile home space" means a space used for the accommodation of a single mobile home located within a trailer court.

(16)  "Permanent foundation" means concrete, concrete block, or wood pier, resting on embedded concrete or concrete block footings. The term does not include mud sill, pier and post, wood blocks, concrete block, or other types of temporary support, resting on the ground.

(17)  "Permanent structure" means a structure attached to a permanent foundation.

(18)  "Pest" means insects, rodents, and other animals of public health concern.

(19)  "Plumbing fixture" means a receptacle or device that:

(a) is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or

(b) discharges wastewater.

(20) "Potable Water" means water that meets the standards for drinking purposes of the regulatory authority having jurisdiction, or water that meets the quality standards prescribed by the U.S. Environmental Protection Agency's National Primary Drinking Water Regulations (40 CFR Part 141).

(21) "Public sewage system" means a public sewage system as defined in 75-6-102, MCA.

(22) "Public water supply system" means a public water supply system as defined in 75-6-102, MCA.

(23) "Regulatory authority" means the department, the local board of health, the local health officer, or the local sanitarian.

(24)  "Sanitary dump station" means a facility connected to an approved wastewater treatment system and designed for receiving liquid and water-carried waste from camping unit holding tanks.

(25) "Service building" means a structure that provides bathing, toilet, hand washing, or other facilities required by this subchapter.

(26) "Sewer riser" means that portion of the sewer connection which extends vertically above the ground elevation and terminates at each camping unit, shelter unit, or mobile home space.

(27)  "Shelter unit" means a structure supplied by the licensee, which may have plumbing, including potable water or a toilet.  The term includes barracks, dorms, tents, cabins, yurts, and tipis.

(28) "Side by side separation" means a measure of distance between the two closest points of adjacent structures.

(29)  "Solid waste" means solid waste as defined in 75-10-203, MCA, and includes abandoned, damaged, or dismantled mobile homes and recreational vehicles.

(30) "Special event campground" means a temporary or occasional use campground, work camp, or youth camp operated by a single operator at one location for individual events such as a fair, rally, or project involving the gathering of camping units for a maximum period of 14 consecutive days.

(31) "State waters" means state waters as defined in 75-5-103, MCA.

(32) "Stop and waste valve" means any unit that permits the outlet valve to be drained through a port or drain hole provided in the valve.

(33)  "Trailer" means a dwelling intended to be portable and mounted on wheels.

(34)  "Wastewater" means water-carried waste including household, commercial, or industrial wastes, chemicals, human excreta, or animal and vegetable matter in suspension or solution.

(35) "Wastewater treatment system" means a system that receives wastewater for purposes of treatment, storage, or disposal.  The term includes public wastewater treatment systems and all disposal methods described in Department of Environmental Quality Circulars DEQ-2 and DEQ-4.

(36)  "Water riser" means the portion of the water connection which extends vertically above the ground elevation and terminates at a designated point at each designated site, mobile home space, or water station.

(37) "Water station" means a facility for supplying potable water to the water storage tanks of camping units or other potable water containers.

(1) For purposes of this subchapter, the Department of Public Health and Human Services adopts and incorporates by reference the following: 

(a) Department of Environmental Quality Circular DEQ-4, "Montana Standards for Subsurface Wastewater Treatment Systems" (2013 edition), and Circular, DEQ-2 "Design Standards for Public Sewage Systems" (2018 edition), setting forth minimum requirements for the design and preparation of plans and specifications for subsurface wastewater treatment systems.

(b) ARM Title 17, chapter 30, subchapter 6, containing surface water quality standards (last amended December 24, 2020).

(c) ARM Title 17, chapter 38, subchapters 1 and 2, containing public water supply maximum contaminant levels and requirements (last amended February 14, 2020).

(d) ARM Title 17, chapter 36, subchapters 1, 3, 6, and 8 setting forth subdivision review requirements (last amended February 14, 2020).

(e) Food and Consumer Safety (FCS) Circular 1, (2016 edition), setting forth standards for non-public water supplies serving licensed establishments.

(f) ARM Title 37, chapter 115, subchapter 1 containing swimming pool and spa requirements (last amended May 15, 2020).

(g) ARM 24.301.301, setting forth state plumbing code requirements (last amended June 10, 2022).

(h) "Manual of Cross-Connection Control" (10th edition), published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California.  This publication sets forth standards for backflow and back siphonage prevention devices.

(i)  American Society of Sanitary Engineering (ASSE) Standard 1001-2021, "Performance Requirements for Atmospheric Type Vacuum Breakers" (ANSI Approved: November 2021).  This standard sets forth regulations and requirements for the use of atmospheric type vacuum breakers.  These devices provide protection of the potable water supply against pollutants or contaminants that enter the system due to back siphonage through the outlet.

(j)  ASSE Standard 1003-2020e2, "Performance Requirements for Water Pressure Reducing Valves for Potable Water Distribution Systems" (ANSI Approved: December 2020).  This standard sets forth regulations and requirements for water pressure reducing valves for domestic water distribution systems.  These devices reduce static and flowing pressures in water distribution systems.  Devices covered by this standard are self-contained, direct acting, single diaphragm types.

(k) ASSE Standard 1004-2017, "Performance Requirements for Backflow Prevention Requirements for Commercial Dishwashing Machines" (ANSI Approved: January 2017).  This standard sets forth regulations and requirements for backflow prevention devices used on potable water supplies connected to commercial dishwashing machines.

(l)  ASSE Standard 1011-2017, "Performance Requirements for Hose Connection Vacuum Breakers" (ANSI Approved: November 2017).  This standard sets forth regulations and requirements for the use of devices designed to be installed on the discharge side of the hose bibb, hydrant, or faucet which is fitted with hose threads.

(m)  ASSE Standard 1012-2021, "Performance Requirements for Backflow Preventers with an Intermediate Atmospheric Vent" (ANSI Approved: November 2021).  This standard sets forth regulations and requirements for devices that have functional capabilities for preventing both back-siphonage and back pressure and which can operate under continuous or intermittent pressure conditions.

(n)  ASSE Standard 1013-2021, "Performance Requirements for Reduced Pressure Principle Backflow Prevention Assemblies" (ANSI Approved: June 2021). This standard sets forth regulations and requirements for reduced pressure principle backflow prevention assemblies.  These devices are designed to operate under continuous pressure conditions.

(o)  ASSE Standard 1015-2021, "Performance Requirements for Double Check Backflow Prevention Assemblies" (ANSI Approved: June 2021).  This standard sets forth regulations and requirements for double check backflow prevention assemblies.  These assemblies are designed and constructed to operate under intermittent or continuous pressure conditions.

(p)  ASSE Standard 1020-2020, "Performance Requirements for Pressure Vacuum Breaker Assemblies" (ANSI Approved: February 2020).  This standard sets forth regulations and requirements for vacuum breaker assemblies.  These devices are intended for use in both high and low hazard applications.

(q)  ASSE Standard 1024-2017(R2021), "Performance Requirements for Dual Check Backflow Preventers" (ANSI Approved: June 2021).  This standard sets forth regulations and requirements for dual check backflow preventers.  The devices covered by this standard are intended to protect the potable water supply from low hazard pollution at residential service lines and individual outlets.

(r)  ASSE Standard 1047-2021, "Performance Requirements for Reduced Pressure Detector Backflow Prevention Assemblies" (ANSI Approved: June 2021).  This standard sets forth regulations and requirements for reduced pressure detector backflow prevention assemblies.  These devices are designed to detect low rates of flow up to 2.0 gpm (0.13 L/s) caused by leakage or unauthorized use.

(s)  ASSE Standard 1048-2021, "Performance Requirements for Double Check Detector Backflow Prevention Assemblies" (ANSI Approved: June 2021).  This standard sets forth regulations and requirements for double check detector backflow prevention assemblies.  These assemblies are also designed to detect low rates of flow up to 2 gpm (0.13 L/s) caused by leakage or unauthorized use.

(t)  ASSE Standard 1052-2016 "Performance Requirements for Hose Connection Backflow Preventers" (ANSI Approved: June 2016).  This standard sets forth regulations and requirements for hose connection backflow preventers.  These devices are designed to be installed on the discharge side of a hose threaded outlet on a potable water system.  These two-check devices protect against backflow, due to back siphonage or low-head backpressure, and are field testable to certify protection under the high-hazard conditions present at a hose threaded outlet.

(u)  ASSE Standard 1053-2019, "Performance Requirements for Dual Check Backflow Preventer Wall Hydrants – Freeze Resistant Type" (ANSI Approved: April 2019). This standard sets forth regulations and requirements for freeze resistant dual check backflow preventer wall hydrants.  These devices protect the potable water supply against back siphonage and backpressure without damage to the device due to freezing.

(v)  ASSE Standard 1056-2013, "Performance Requirements for Spill Resistant Vacuum Breaker Assemblies" (ANSI approved: February 2021).  This standard sets forth regulations and requirements for assemblies classified as spill-resistant vacuum breaker assemblies.  These assemblies are designed for installation in water systems that are normally under continuous pressure conditions.

(w)  ASSE Standard 1057-2012, "Performance Requirements for Freeze Resistant Sanitary Yard Hydrant with Backflow Protection" (ANSI Approved: August 2012).  This standard sets forth regulations and requirements for assemblies classified as spill-resistant vacuum breaker assemblies.  These assemblies are designed for installation in water systems that are normally under continuous pressure conditions.

(2)  To obtain, or for information on how to obtain, any document or publication incorporated by reference, contact the Department of Public Health and Human Services, Public Health and Safety Division, Communicable Disease Control and Prevention Bureau, 1400 E. Broadway, P.O. Box 202951, Helena, MT 59620-2951, phone: (406) 444-2837. Copies of the ASSE standards referenced under (1)(i) through (1)(w) are available at https://www.asse-plumbing.org/asse/standards/product/current-standards.

(1) The environmental conditions of the establishment, including soil, groundwater level and quality, drainage, and topography, shall not create hazards to the property or health or safety of the occupants. 

(2) The licensee and manager of an establishment are responsible for ensuring that the requirements of this subchapter are met.

(3) The licensee must have a manager on duty or on call to maintain the establishment and its facilities in accordance with this subchapter and Title 50, chapter 52, MCA.

(a) The manager shall have authority to take immediate action, including actions requiring the expenditure of funds, to correct public health problems.

(b) The licensee must provide occupants and the local regulatory authority the manager's name and contact information.

(4) Each designated site or mobile home space must be clearly marked and numbered on a sign at each site or on the mobile home, except at special event campgrounds, and on a map available to all campground occupants.

(5) Each mobile home shall be fully skirted. Skirting shall be attached to the mobile home. An access opening in the skirting must be provided near the water and sewer connections.

(6) Designated sites may be located only in an area not subject to the accumulation of storm water or surface water.

(7) Pets must not be permitted to run at large or create a nuisance within the establishment. Pets must be limited to the area of the designated site or mobile home space unless leashed. The establishment is responsible for addressing any nuisance caused by a pet.

(1)  The department is the regulatory authority for plan review, unless the local regulatory authority has been approved by the department, in writing, to review plans. Plans may be reviewed jointly by the county and the department. 

(2) The owner, or their designee, must submit plans and specifications for any new or altered establishment to the regulatory authority for examination and approval before beginning construction or alteration.  Facilities proposed in the plans and specifications must meet the requirements of this subchapter.

(3) Plans and specifications must include a scaled site plan showing the location of all improvements and must show how all applicable rules will be met, including those regarding water supply, wastewater disposal, and solid waste disposal. If the proposal requires Department of Environmental Quality Sanitation in Subdivision review, public water review or public wastewater review, documentation from the Department of Environmental Quality approving the subdivision or public facilities must be submitted as part of a complete plan review application.  Specifications and floor plans for any permanent structures, such as service buildings, must be submitted.

(4) No change in plans or specifications involving any provision of this subchapter may be made unless the change is approved in writing by the regulatory authority.

(5) The plans and specifications must be submitted in a manner approved by the department.

(6) Plans and specifications submitted under this rule are reviewed under authority provided by Title 50, chapter 52, MCA, and this subchapter.  Regulatory authority approval of plans and specifications under this subchapter does not constitute approval for compliance with planning, building codes, fire codes, or other state, federal, or local requirements (including compliance with the Americans with Disabilities Act, Public Law 101-336).

(7) Within 60 days after the receipt of a complete plan submittal, the regulatory authority will make any deficiencies known to the applicant.

(8) Access, density of sites, and site spacing must conform to local planning and/or subdivision requirements. Mobile homes must be located with at least 20 feet of side-to-side separation.

(9) Approval to construct will be limited to two years, after which, if a license has not been issued, plans and specifications must again be submitted for re-evaluation under rules in effect at the time of resubmittal.

(10)  Non-licensure for two or more years requires a new submittal of plans and specifications for review and approval by the local regulatory authority and the department before the establishment is relicensed. The establishment must comply with the requirements of current rule at the time of submission.

(1) The establishment shall always provide an adequate and potable supply of water, as approved by the local regulatory authority.

(2)  If an existing public water supply of satisfactory quantity and pressure is available, and the owner of the public water system agrees to provide service, connection must be made to the public water system and its supply used exclusively except for non-potable water uses approved by the department in writing.

(3) Public water supply systems must be approved by the Department of Environmental Quality and meet the requirements of ARM 17.38.101 et seq., or, if applicable, must be approved by the U.S. Environmental Protection Agency.

(4) Non-public water supply systems must meet the requirements of Food and Consumer Safety (FCS) Circular 1, 2016 edition.

(5) For campgrounds, the local regulatory authority, upon consultation with the department, may allow a variance from the requirements of (1) for a potable water supply upon demonstration by the applicant that the deviation does not have the potential to cause adverse public health effects. The applicant must submit a plan that demonstrates that the public is informed of the absence of a potable water supply, and that the public is warned that the existing water in the area is not suitable for drinking or other uses that may adversely affect public health. This deviation will be noted on the establishment license.

(1) Plans for a new or modified water distribution system must be approved by the regulatory authority before construction. The system must be designed to protect the water from contamination. This includes providing protection from backflow and precluding the creation of cross connections. 

(2) If individual water connections for camping units, shelter units, or mobile home spaces are provided, the following standards apply:

(a) Water riser pipes must extend at least 24 inches above ground elevation with the outlet directed downward for campgrounds, and water risers for a mobile home must extend at least four inches above ground elevation. Surface water must be directed away from the riser.

(b) Adequate provision must be made to prevent freezing of service lines, valves, and riser pipes.

(c)  Water risers must be located and constructed to minimize potential for damage from trailers. Protection may consist of posts, fences, or other permanent barriers.

(d) Stop and waste type control valves may not be installed underground.

(e) Where health hazards exist that could lead to the contamination of the water supply, the water supply must be protected against backflow or back siphonage. A backflow or back siphonage prevention device installed on a water supply system shall meet American Society of Sanitary Engineering (ASSE) or the Foundation for Cross Connection Control and Hydraulic Research (FCCCHR) standards for construction, installation, maintenance, inspection, and testing for that specific application and type of device.

(f) There must be at least ten feet of horizontal distance between a sewer line connection and a stop and waste valve.

(g) A water connection must be laid at least ten feet horizontally from any existing or proposed sewer line or in a manner allowed under the state plumbing requirements described in ARM 24.301.301.

(1) Wastewater treatment systems must be located, designed, constructed, and operated in accordance with local and state regulations. 

(a) A failed wastewater treatment system must not be used until repaired or replaced. An alternative system approved by the local regulatory authority must be provided during the interim.

(b) All plumbing fixtures must discharge to an approved wastewater treatment system.

(c) Wastewater may not discharge onto the ground surface or to surface water.

(2) An establishment that limits occupancy of individuals to 14 days or less may use an alternative system with applicable approval by the local regulatory authority, Department of Environmental Quality, or department for sewage disposal, provided the system does not place sewage in a location likely to cause pollution of state waters, in violation of Title 75, chapter 5, MCA, or pose potential adverse public health effects.

(3) If the establishment provides individual connections for wastewater disposal:

(a)  the sewer riser must be four inches in diameter;

(b)  surface drainage must be diverted away from the riser;

(c)  if serving a mobile home space, the sewer riser must be located so that connection to the mobile home will approximate a vertical position;

(d) the sewer riser must be separated from the water riser by at least six feet;

(e)  the sewer riser must be securely plugged or capped when not in use; and

(f) flex hose may be used to connect an independent or dependent unit if the unit will be connected for less than 30 days. Connections for mobile homes and units that will be connected for more than 30 days must meet state plumbing codes and local wastewater treatment and disposal regulations.

(1) A public swimming pool, as defined under 50-53-102, MCA, provided by a campground, trailer court, work camp, or youth camp must be licensed, constructed, and operated in accordance with ARM Title 37, chapter 115, subchapter 1.

(1)  Establishments that do not have individual water connections for all designated sites shall provide a water station. 

(2) A water station must consist of at least a water hydrant and the necessary appurtenances, and must be protected against backflow, back siphonage, and hose contamination.  The backflow or back siphonage prevention device installed on a water supply system shall meet American Society of Sanitary Engineering (ASSE) or the Foundation for Cross Connection Control and Hydraulic Research (FCCCHR) standards for construction, installation, maintenance, inspection, and testing for that specific application and type of device.

(3) A water station must be separately located from the sanitary dump station to ensure that the water station hose is not used to flush sewage from the sewage holding tank.

(4) A water station must be provided within 300 feet of each site for dependent units that lack individual water connections.

(1) A sanitary dump station is required in each establishment that has designated sites for independent units, unless the following circumstances exist: 

(a)  each independent unit designated site is provided with an individual sewer riser;

(b)  a sanitary dump station accepted by the regulatory authority is available for public use on a full-time basis within 15 miles from the campground, and the campground owner or operator has posted a sign at the campground stating the location of the nearest available sanitary dump station; or

(c)  the regulatory authority determines that installation of a sanitary dump station is not feasible because of lack of electricity, water under pressure, or other sanitary reasons.

(2)  If a sanitary dump station is required, as determined under (1), there must be at least one station for every 100 independent unit designated sites lacking individual sewer risers.

(3) The sanitary dump station shall consist of at least a trapped four inch sewer riser pipe connected to an approved wastewater treatment system, surrounded at the inlet end by a concrete apron sloped to the drain, and with a suitable hinged cover provided for the riser.  A water outlet shall be included to permit sanitary maintenance of the station.  The water outlet shall be marked:  "THIS WATER FOR FLUSHING AND CLEANING — UNSAFE FOR DRINKING."  The water outlet hose shall be mounted on a reel or tower to ensure that the nozzle does not touch the ground when not in use.  The water outlet shall be provided with an approved device to prevent backflow.

(4) A sanitary dump station may not be located within 100 feet of a permanent body of surface water or well nor within 75 feet of a designated site.

(1) A service building must be provided at each establishment that provides dependent unit designated sites unless the campground limits occupancy of individuals to 14 days or less. The service building is subject to the following requirements: 

(a) the service building must be of permanent construction and equipped with lighting, handwashing sinks, toilets, and a janitorial sink;

(b) interior service building surfaces in plumbed areas must be smooth, nonabsorbent, and easily cleanable;

(c) showers, if provided, must have non-slip surfaces sloped to drain, provide warm water, not to exceed 120°F, and provide adequate ventilation;

(d) all windows, doors, and other openings must be screened or closed;

(e) the service building must be conveniently located within a radius of 300 feet from all sites designated for use by dependent units;

(f) the service building must be connected to approved water and wastewater treatment systems;

(g) the number and type of plumbing fixtures must be provided in accordance with Table I below. If a campground has more than 100 dependent unit designated sites, two additional toilets shall be provided for every additional 75 designated sites. The numbers may be either unisex toilet facilities or divided equally between separate men's and women's facilities. 

TABLE I

(h)  all equipment must be kept clean and in good repair. All showers, toilets, and handwashing sinks must be cleaned with disinfectant products regularly; and

(i) the service building must have hand cleaner, disposable towels or hot air dryers, and toilet tissue at all times of operation.

(2)  All cooking shelters or other buildings must be cleaned after each day's use during the operating season.

(1) Each shelter unit will be maintained as follows:

(a) the shelter unit must be thoroughly cleaned after being occupied;

(b) the shelter unit must be maintained in good repair and in a safe and sanitary condition;

(c) floor and wall mounted furnishings must be easily moved or mounted in such a way as to allow for easy cleaning;

(d) all bedding, towels, and other laundered items must be washed and dried as specified in ARM 37.111.121;

(e) each mattress, when provided, must be covered with a machine washable cover and must be kept in clean and sanitary condition;

(f) utensils used for food or drink must be washed, rinsed, and sanitized by camp employees or single-service items must be used.  All utensils used for food or drink must be stored, handled, and dispensed in a manner which prevents contamination;

(g) floors and walls of rooms subject to large amounts of moisture must be smooth, non-absorbent, and easily cleanable;

(h) bathing facilities, if present, must be provided with anti-slip surfaces; and

(i) the temperature of water for handwashing and bathing must not exceed 120°F.

(1) The establishment must ensure that the storage, collection, and disposal of solid waste does not cause health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. The licensee or manager must take immediate measures to alleviate public health or sanitation hazards presented by solid waste in the establishment. 

(2) The establishment shall provide adequate solid waste containers and service to the establishment.

(3) Solid waste shall be kept in durable, easily cleanable, pest resistant, wildlife resistant, leak proof, and nonabsorbent containers.  Containers for solid waste must be located within 300 feet of each designated site and mobile home space, except that the regulatory authority may approve a centrally located solid waste handling system.

(4)  Containers must be provided in sufficient number and capacity to store all solid waste between collections. The regulatory authority may require additional capacity if waste is documented outside or overflowing from containers.

(5) Containers for solid waste used in food preparation and in areas used for washing utensils shall be kept covered or closed when not in use and emptied at a frequency that minimizes the development of objectionable odors and other conditions that attract or harbor pests and wildlife.

(6)  Recyclable materials shall be stored in a clean and sanitary manner to prevent pest attraction and nuisance odors.

(7)  Solid waste shall be disposed of at least weekly at an approved landfill facility.

(8)  Other solid waste removal arrangements may be approved by the regulatory authority if they provide for timely and adequate solid waste removal and waste does not accumulate outside of containers.

(1) Buildings and other structures must be maintained to be kept free of harborage for, and infestations of, pests and wildlife.

(2) Any extermination or control measures involving insecticides, rodenticides, or herbicides must strictly conform to the manufacturer's application instructions, and not be used within 100 feet of a drinking water well.

(3) The growth of brush, weeds, grass, and other plants must be controlled within the establishment to eliminate harborage of pests.

(4) The growth of ragweed, poison ivy, poison oak, poison sumac, and other similarly noxious plants must be controlled within the area of the establishment frequented by occupants.

(1) Facilities shall be kept free of litter, rubbish, and other flammable materials.

(2) Chemicals, flammables, and other hazardous substances shall be used for their intended purpose and according to the manufacturer's directions stated on the container label.

(3) Chemicals and other hazardous substances shall be stored according to the manufacturer's directions in their original, covered, and labeled containers in a separate, secure area accessible only by appropriate employees.

(4) Flammable materials shall be stored in a well-ventilated structure, separate from areas occupied by campers and employees.

(1) All campgrounds, youth camps, and work camps shall maintain a camp register that contains the names, home addresses, and phone numbers of the occupants.

(2) A youth camp shall maintain a camp register that also contains names and phone numbers of persons to notify in case of an emergency for employees and campers.

(3)  Outside groups that rent a campground or youth camp must maintain a list of attendees to be made available upon request to the regulatory authority for purposes of investigation of communicable disease or other conditions of public health importance.

(4) Registers shall be retained for a minimum of two years.

(5) Registers shall be made available to the regulatory authority upon request.

(1) A special event campground may be licensed by the local regulatory authority for a single event that takes place at a single venue for 14 days or less. 

(2)  The operator of a special event campground must submit a complete plan review application to the regulatory authority at least 30 days prior to opening and must receive approval from the regulatory authority before opening.

(3)  The application must include a site plan showing:

(a) the area that will be used for camping;

(b) the location of the event;

(c) an estimate of the number of people to be accommodated;

(d) the maximum number of people that can be accommodated;

(e) the number of toilets, handwashing, and bathing facilities to be provided and plans for servicing and maintenance;

(f) the water supply source and distribution method; and

(g) the method of handling solid and liquid waste.

(4) Water must be supplied by a public water supply, licensed water hauler, bottled water, or alternative system approved by the local regulatory authority in compliance with state and local regulations.

(5)  Wastewater treatment systems must meet the requirements of ARM 37.111.1209.

(6)  The licensee must ensure solid waste requirements under ARM 37.111.1218 are met.

(7)  The operator must comply with all components of the approved plan. No modifications to the plan are allowed without regulatory authority approval.

(1) The local regulatory authority shall perform a pre-licensing inspection prior to submitting a complete license application with the appropriate fee found in 50-52-202, MCA.

(2) A licensee shall give notice in writing to the local regulatory authority at least 30 days prior to selling, transferring, giving away, or otherwise disposing of interest in or control of the establishment. The notice must include the name and address of the person assuming ownership or control of the establishment. The new owner must contact the local regulatory authority to obtain a new license. At the regulatory authority's discretion, a plan review may be required as part of the change of ownership.

(3) Licenses are not transferrable.

(4) The license must be posted on the premises at a location approved by the local regulatory authority.

(5) The licensee or manager of an establishment may not accept or offer camping units, shelter units, or mobile homes in excess of the number and types approved under the license.

(1)  In addition to the other requirements of this subchapter, the operator of a youth camp must: 

(a) ensure that the site is as free as reasonably possible of objects or conditions which are hazardous to humans;

(b) post a warning of potential natural hazards and otherwise inform each camper of the danger; and

(c) ensure that each facility and item of equipment used in camp programs are of sufficient quality and properly maintained.

(2)  All cleaning compounds and other toxic chemicals not stored in the product container or package in which it was obtained must be stored in a labeled container that clearly identifies the product by name.

(3)  Adequate and convenient janitorial facilities including a sink and storage area for equipment and chemicals must be provided.

(4)  Poisonous compounds shall not be stored in food preparation areas or food storage areas or in any areas where campers may initiate unsupervised contact.

(5)  In cases in which a youth develops symptoms of illness while at camp, the operator of the youth camp must:

(a) isolate the child immediately in a room or area segregated for that purpose;

(b) as soon as possible, contact, inform, and consult with a parent or guardian of the child about the illness and take one of the following actions:

(i)  request that the child be picked up and taken home immediately;

(ii)  if the parent or guardian agrees, observe the child for a reasonable time and, if the symptoms do not pass, request that the child be taken home; or

(iii)  if the parent or guardian agrees, call a physician, and follow the physician's instructions.

(6) Cases of suspected communicable diseases and conditions listed under ARM 37.114.203 must be reported by telephone to the local health officer upon discovery or as soon as possible thereafter if no contact can be made the same day.

(7)  A youth camp operator shall develop and enforce policies on first aid which include, at a minimum:

(a) keeping a record of an emergency phone number for the parent or guardian of each child attending the camp;

(b) measures to be taken in case of injury; and

(c) having a physician on call and a person on-site who is trained in Red Cross basic first aid during camp-sponsored activities. Recommendations for first aid supplies and policies may be secured from the Department of Public Health and Human Services, Emergency Medical Services and Injury Prevention Section, 1400 Broadway, P.O. Box 202951, Helena, Montana 59620-2951.

(8)  The youth camp operator must prepare and maintain a record of each instance of fatality stemming from an injury occurring at camp and for each illness or injury occurring at camp which results in a camper either being admitted to the hospital or being diagnosed with a reportable disease listed under ARM 37.114.203. The record must contain:

(a)  description of the injury or illness;

(b)  description of how the injury or illness occurred;

(c)  the date and time it occurred; and

(d) measures taken to prevent similar injuries from happening in the future.

(9)  A youth camp that prepares or serves food to employees or registered guests must follow the "Food Code, 2013, Recommendations of the United States Public Health Service, Food and Drug Administration," adopted and incorporated by reference under ARM 37.110.260.

(1) Whenever operation of a work camp is permanently discontinued, all septic tanks, privy vaults, and cisterns must be removed or emptied and subsequently filled with solid materials.

(1) The regulatory authority may grant a variance to a requirement of this subchapter if, in the opinion of the regulatory authority, a health hazard or nuisance will not result from the variance.

(2) To apply for a variance, the applicant must submit the following information:

(a) a statement as to why the applicant is unable to comply with the rule to which the variance is requested;

(b)  the nature and duration of the variance requested;

(c) a statement of how the intent of the rule will be met and the reasons why the public health or safety would not be jeopardized if the variance is granted; and

(d) other information deemed necessary by the regulatory authority to establish that a health hazard or nuisance will not result from granting the variance.

(3) The regulatory authority must retain the variance application and decision in the establishment file as long as the variance is applicable.

(4)  Prior to issuing a variance, the local regulatory authority will contact, notify, and consult with the department about any similar variances to help ensure uniform and equitable application of the law.

(1)  In accordance with 50-52-303, MCA, a licensee shall allow the local regulatory authority to perform inspections at reasonable hours for determining compliance with this subchapter.

(2)  Whenever an inspection is made to determine compliance with this subchapter, the findings must be recorded on an inspection form approved by the department.  Within 15 days after each inspection, the local regulatory authority shall give the owner or operator a copy of the inspection report.

(3)  If the regulatory authority determines that one or more violations exist, the inspection form must designate the administrative rule(s) that have been violated, the observed basis of the violations(s), any required corrective action, and the date by which the correction must be implemented.

(4) If plans for correction are required, the licensee shall submit necessary plans to the local regulatory authority that include a proposed time schedule for corrective measures.  The time schedule and plans, if approved, shall become conditions of licensure.

In addition to the requirements of 50-52-301, MCA, the following performance requirements apply to the local board of health:

(1) for a local board of health to qualify for reimbursement under 50-52-302, MCA, the local regulatory authority shall:

(a) use inspection forms approved by the department;

(b) update the department's inspection database quarterly;

(c) inspect each establishment within its jurisdiction at least once per license year, or as otherwise agreed upon in a cooperative agreement;

(d) provide copies of program documentation, including inspection reports, plans of correction, and enforcement actions when requested by the department; and

(e) keep all documentation related to an establishment for five years from the date of its creation, unless required to be kept longer by another part of this rule. Plan reviews must be retained for five years after establishment closure.