(1) The department hereby adopts and incorporates by reference ARM 17.38.207, stating maximum microbiological contaminant levels for public water supplies, and the following department of environmental quality publications setting construction, operation, and maintenance standards for spring, wells, and cisterns, respectively:

(a) Circular #11, "Springs";

(b) Circular #84-11, "Minimum Design Standards for Small Water Systems";

(c) Circular #17, "Cisterns for Water Supplies". Copies of ARM 17.38.207 and Circulars #11, #84-11, and #17 may be obtained from the Department of Public Health and Human Services, Health Policy and Services 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, an establishment must either:

(a) connect to a water supply system meeting the requirements of ARM Title 17, chapter 38, subchapters 1, 2, and 5; or

(b) if the establishment is not utilized by more than 25 persons daily at least 60 days out of the calendar year, including guests, staff, and residents; and an adequate public water supply system is not accessible; utilize a non-public system:

(i) whose construction and use meet those standards set in department of environmental quality circular #84-11; or

(ii) if construction of the establishment was commenced on or after June 28, 1985, which is designed by an engineer registered in Montana and determined by the department or the local health authority to provide assurance of an adequate and potable water supply equivalent to that in circular #84-11; or

(iii) if construction of the establishment was commenced prior to June 28, 1985, and utilizes a spring or cistern, which is operated and maintained in accordance with the standards set in either department of environmental quality circular #11 (for a spring) or circular #17 (for a cistern) , whichever is applicable.

(3) If a non-public water supply system is used in accordance with (2) (b) above, an establishment must submit a water sample at least quarterly to a laboratory licensed by the department to perform microbiological analysis of public water supplies in order to determine that the water does not exceed the maximum microbiological contaminant levels stated in ARM 17.38.207, incorporated by reference in (1) above.

(4) An establishment 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, as incorporated by reference in (1) of this rule, or

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

(5) Ice must be:

(a) obtained from a licensed supplier if it is not made from the establishment's water supply; and

(b) manufactured, stored, handled, transported and served in a manner which is approved by the department or local health authority as preventing contamination of the ice, and which meets the following specific standards:

(i) Ice must be stored in an automatic dispenser if:

(A) construction of the establishment was commenced on or after June 28, 1985, and dispensing of the ice is not under the direct control of the establishment's management; or

(B) in an establishment whose construction commenced prior to June 28, 1985, and in which dispensing of ice is not under the direct control of the establishment's management, the ice storage equipment fails and is replaced.

(ii) Where open bin ice storage is provided, an ice scoop must be readily available for use by guests or the management and stored either inside the bin or in a closed container protected from contamination.

(6) Ice storage bins may not be connected directly to any trap, drain, receptacle sink or sewer which discharges waste or to any other source of contamination.

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