(1) Whenever a swimming pool, spa, or related facility is constructed, remodeled, or altered, plans and specifications for such construction, remodeling or alteration shall be submitted to the regulatory authority for review and approval before construction, alteration or remodeling is initiated.

(a) All swimming pools and spas must be designed and constructed to withstand all anticipated bather loads. Outdoor pools must have a minimum of 27 square feet for each person in the deep end of the pool and 15 square feet for each person in the shallow end of the pool in the pool's maximum anticipated bather load. Indoor pools must have a minimum of 24 square feet for each person in the pool's maximum anticipated bather load. Spas must have a minimum of 10 square feet for each person in the spa's maximum anticipated bather load. [This subsection is effective on the date when it has been adopted by the department of labor and industry as part of the state building code and filed with the secretary of state pursuant to 50-60-204 , MCA.]

(2) The pool or spa and related facilities shall be built in accordance with the plans as approved unless a modification of the approved plans is approved in writing by the regulatory authority. The plans and specifications shall be drawn to scale and accompanied by proper specifications so as to permit a comprehensive review of the plans including the structural detail and shall include, but not be limited to:

(a) A plan and sectional view of both the pool or spa and surrounding area.

(b) A piping diagram showing all appurtenances including treatment facilities in sufficient detail to permit hydraulic analysis of the system.

(c) Specifications containing details on all treatment equipment, including catalog identification of pumps, disinfection feeders, chemical feeders, filters, strainers, and related equipment.

(d) Materials and the finish of the pool or spa, including decks and walkways and details of their construction.

(e) Construction and design details related to bathhouses and other sanitary facilities.

(f) Construction and design details related to anticipated bather load of the pool or spa.

(3) Before the regulatory authority may approve the plans and specifications, the same must be reviewed and approved by the local or state building official having jurisdiction in the area in which the pool or spa is located.

(4) Whenever plans and specifications are required by (1) of this rule, and prior to the operation of the pool or spa, the regulatory authority shall inspect the pool or spa and related facilities to determine whether it was constructed in compliance with the applicable requirements of this subchapter and with the approved plans and specifications. On major facilities, such as school, city, or county pools or other large or complex facilities, the department shall perform preopening inspections when requested by a local health authority and when the department determines that its own expertise is necessary for an adequate technical inspection.