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37.111.1159    INSPECTIONS

(1) The regulatory authority, after showing proper identification, shall be permitted to enter any swimming pool or spa at any reasonable time for the purpose of making inspections to determine compliance with the requirement of this subchapter. The agent shall be permitted to examine any records pertaining to the operation, maintenance or personnel employed at the pool or spa, and to collect such samples of water as necessary to determine that every public swimming pool or spa complies with the requirements of this subchapter.

(2) Whenever an inspection of a swimming pool or spa is made, the findings shall be recorded on an inspection form provided or authorized by the department. The inspection form shall summarize the requirements of this subchapter. If one or more violations are determined to exist, the inspectional remarks shall be marked to reference the violations and shall specify the correction to be made and the date by which the correction is to be made. A copy of the completed inspection report form shall be furnished to the person in charge of the swimming pool or spa at the conclusion of the inspection. The completed inspection form is a public document that shall be available for public review or distribution upon payment of copying cost to any person on request.

(3) A full facility inspection requires an inspection for compliance with all the requirements of this subchapter.

(4) A critical point inspection requires an inspection for compliance with 50-53-107 , MCA, and ARM 37.111.1139, 37.111.1148(2) , 37.111.1151, and 37.111.1154. In addition, inspection for the requirements of ARM 37.111.1156 is required if the pool is a flow-through hot springs pool.

History: Sec. 50-53-103, MCA; IMP, Sec. 50-53-103, 50-53-106, 50-53-107, 50-53-209, MCA; NEW, 1985 MAR p. 782, Eff. 6/28/85; AMD, 1994 MAR p. 1998, Eff. 7/22/94; AMD, 1996 MAR p. 1505, Eff. 6/7/96; TRANS, from DHES, 2001 MAR p. 2425.

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