HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
Prev Next

37.111.1204    PLAN APPROVAL

(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.

 

History: 50-52-102, MCA; IMP, 50-52-102, MCA; NEW, 2022 MAR p. 1748, Eff. 9/10/22.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security