(1) The department may order immediate suspension of any license or may order emergency closure of any pool, spa, or other water feature or both if an inspector determines that an operator has refused or failed to immediately close the pool, spa, or other water feature after occurrence of any health or safety violation identified in ARM 37.115.301. Any violation of ARM 37.115.301 constitutes an imminent risk to public health, safety, or welfare that imperatively requires immediate closure of the pool, spa, or other water feature.

(2) The department may order immediate suspension of the license or may order emergency closure of any swimming pool, spa, or other water feature or both if there is any combination of the violations listed in ARM 37.115.301 which the inspector determines, taken together in the specific circumstances, present an imperative risk to public health, safety, or welfare requiring immediate closure of the pool, spa, or other water feature.

(3) The department may order immediate closure of any swimming pool, spa, or other water feature that is operating without a valid license.

(4) If there are other swimming pools, spas, or other water features on the premises, their operation must cease unless the department issues a written determination that:

(a) identifies which of the other swimming pools, spas, and other water features are not affected by the violation that is the basis for the emergency closure order; and

(b) identifies which of the other swimming pools, spas, and other water features may continue to operate.

(5) Where the department has issued an order for immediate suspension of a license or emergency closure of a swimming pool, spa, or other water feature or both, the department shall immediately proceed under ARM 37.115.2203 to order the licensee, license applicant, or operator to appear and show cause why the department should not deny, suspend, or cancel the license or otherwise order compliance with Title 50, chapter 53, MCA, and these rules.