(1) An existing building may not be used as an establishment and the use of one type of establishment may not change to another type of establishment without the prior approval of the department or local health authority.

(a) When a proposal to use an existing building as an establishment or to change the use from one type of establishment to another involves structural modification, plans meeting the requirements of (1) of ARM 37.111.104 must be submitted to the department or local health authority for review and approval. If no structural modification is involved, the department or local health authority may waive the requirement for submission of plans if:

(i) an inspection by the department or local health authority indicates that the proposed establishment meets the requirements of this subchapter, and

(ii) the building and fire authorities approve the building or waive approval.