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This is an obsolete version of the rule. Please click on the rule number to view the current version.

37.115.307    SCOPE OF REVIEW BY THE DEPARTMENT

(1) The department shall review all plans, specifications, and supporting data only to determine if they are in compliance with these rules.

(2) The department's review of the plans will not include:

(a) a review of the structural design or structural stability of any section or part of the facility;

(b) any determination of whether the plan is in compliance with building, electric, plumbing, mechanical, or ventilation codes; or

(c) any determination of whether the swimming pool, spa, or associated water feature complies with the Americans with Disabilities Act.

(3) In any instance in which there is a conflict between the requirements set in these rules or requirements set by another agency that has jurisdiction over some aspect of the design, construction, or operation of a pool, spa, or other water feature, or related facility, the more stringent requirement must be met.

(4) If the department determines it is necessary to have an engineering review conducted on facets of the design including, but not limited to, such things as the total dynamic head (TDH), pipe flow velocities, air exchange, or other complex calculations, it may contract with an engineering firm to conduct that portion of the plan review. Costs for such an engineering review will be charged to the applicant or licensee and must be paid to the department before the license is issued.

History: 50-53-103, MCA; IMP, 50-53-103, MCA; NEW, 2010 MAR p. 80, Eff. 1/15/10; AMD, 2011 MAR p. 2657, Eff. 12/9/11.

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