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37.115.302    VIOLATIONS THAT MAY REQUIRE IMMEDIATE POOL CLOSURE

(1) The department may order a swimming pool, spa, or other water feature immediately closed where there have been repeated or ongoing or a combination of the following health and safety violations:

(a) alkalinity of the water falls outside the parameters of 80-220 ppm;

(b) except during lap swimming or competitive swimming, no guard line is in place at the break between the shallow and deep ends of the swimming pool, spa, or other water feature;

(c) the following required safety equipment is not available:

(i) lifepole or shepherd's crook must be available at poolside;

(ii) a ring buoy or rescue tube must be available at poolside; and/or

(iii) a backboard with head restraints must be readily available.

(d) if, during an inspection, the department requests the facility to contact its certified pool operator by telephone and the certified pool operator does not respond within 30 minutes.

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

(3) The department may close any pool, spa, or other water feature for any of the violations listed in ARM 37.115.301 or 37.115.1309.

(4) Once the facility operator has submitted and satisfactorily completed a corrective action plan under ARM 37.115.2103, the department will approve reopening any pool, spa, or other water feature.

History: 50-53-103, MCA; IMP, 50-53-101, 50-53-102, 50-53-103, 50-53-104, 50-53-106, 50-53-107, MCA; NEW, 2010 MAR p. 1197, Eff. 1/15/10; AMD, 2011 MAR p. 2657, Eff. 12/9/11.

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