Rule: 37.111.801 Prev     Up     Next    
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Subchapter: Schools
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.111.801    DEFINITIONS

(1) "Approved" means acceptable to the department, based on its determination of conformance with this subchapter and good public health practices.

(2) "Bin placement" means placing sample results into the correct cell within Table 1 in ARM 37.111.832, to determine the required response to those results.

(3) "Bin placement sample" means those samples that will be used to determine bin placement in ARM 37.111.832.

(4) "Chemical" means any substance which has been assigned an EPA Hazardous Waste Number.

(5) "Contamination" means impairment or other alteration of the physical, chemical, or biological properties of water, including causing violation of the maximum contaminant levels for public water supplies contained in ARM Title 17, chapter 38, subchapter 2 or otherwise creating a hazard to human health.

(6) "Department" means the Department of Public Health and Human Services.

(7) "First-draw sample" means a 250 milliliter sample of tap water that has stood motionless in the plumbing pipes for at least six hours and is collected without flushing the tap.

(8) "Fixtures" means any shower, toilet, toilet seat, urinal, lavatory, drinking fountain, kitchen sink, janitor and custodial sink, utensil sink, handwashing sink, eye washing station, emergency shower, and all exposed plumbing integral to them.

(9) "Floors" means floor covering of all rooms including stairways, hallways, and lobbies.

(10) "Foot Candles" is the unit as defined as the amount of illumination the inside surface of a one-foot-radius sphere would be receiving if there were a uniform point source of one candela in the exact center of the sphere.

(11) "Furnishings" means draperies, curtains, blinds, light fixtures, chairs, tables, desks, shelves, and bookcases.

(12) "Green products" means products and services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison applies to raw materials, manufacturing, packaging, distribution, use, reuse, operation, maintenance, and disposal. These products have a "Green Approval Stamp" certified by at least one of the following organizations: Green Seal, UL ECOLOGO®, the EPA Safer Choice, and the USDA Bio-Preferred.

(13) "Human consumption fixture (HCF)" means any endpoint device that provides or may reasonably provide water for human consumption or for food preparation.

(14) "Inactive" means the student population is not accessing the school for a period of more than 3 days. This includes, but is not limited to: holidays, summer vacation, or emergency situations.

(15) "Laboratory" or "Lab" is any space where hazardous chemicals are used for educational purposes.

(16) "Local education agency (LEA)" means the local school district board of trustees recognized as the administrative agency for a public elementary or secondary school.

(17) "Local health authority" means a local health officer, local sanitarian, or their authorized agents.

(18) "Pest" means any animal, plant, or other organism which has a harmful effect on humans, their food, or the conditions of their school, workplace, home, or recreation sites.

(19) "Radon" is a colorless, odorless, tasteless gas and comes from the natural breakdown of uranium in the ground.

(20) "Sanitarian" means a person, by reason of the person's special knowledge of the physical, biological, and chemical sciences and the principles and methods of public health acquired by professional education and practical experience through inspectional, educational, or enforcement duties, who is qualified to practice the profession of sanitarian.

(21) "School" means a building or structure, or portion thereof occupied for the teaching of individuals, the curriculum of which satisfies the basic instructional program approved by the Board of Public Education for pupils in any combination of kindergarten through grade 12, but excludes home schools as that term is defined in 20-5-102(2)(e), MCA.

(22) "School administrator" has the meaning provided for under ARM 10.55.602.

(23) "School site" means the ground immediately adjacent to a school used on a regular basis for school-related activity. 


History: 50-1-206, MCA; IMP, 50-1-203, 50-1-206, MCA; NEW, 1986 MAR p. 546, Eff. 4/11/86; TRANS, from DHES, 2001 MAR p. 2425; AMD, 2020 MAR p. 47, Eff. 1/18/20.


MAR Notices Effective From Effective To History Notes
37-873 1/18/2020 Current History: 50-1-206, MCA; IMP, 50-1-203, 50-1-206, MCA; NEW, 1986 MAR p. 546, Eff. 4/11/86; TRANS, from DHES, 2001 MAR p. 2425; AMD, 2020 MAR p. 47, Eff. 1/18/20.
4/11/1986 1/18/2020 History: 50-1-206, MCA; IMP, 50-1-203, 50-1-206, MCA; NEW, 1986 MAR p. 546, Eff. 4/11/86; TRANS, from DHES, 2001 MAR p. 2425.
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