Montana Administrative Code

37.111.1201 DEFINITIONS In addition to the definitions contained in 50-52-101, MCA, the following definitions apply to this subchapter: "Alteration" means an expansion, change in purpose, or change in use of any portion of an existing trailer court, campground, work camp, or yout…

37.111.1202 INCORPORATION BY REFERENCE For purposes of this subchapter, the Department of Public Health and Human Services adopts and incorporates by reference the following: Department of Environmental Quality Circular DEQ-4, "Montana Standards for Subsurface Wastewater Treatmen…

37.111.1203 GENERAL OPERATING REQUIREMENTS The environmental conditions of the establishment, including soil, groundwater level and quality, drainage, and topography, shall not create hazards to the property or health or safety of the occupants. The licensee and manager of an est…

37.111.1204 PLAN APPROVAL The department is the regulatory authority for plan review, unless the local regulatory authority has been approved by the department, in writing, to review plans.Plans may be reviewed jointly by the county and the department. The owner, or their designe…

37.111.1207 WATER SUPPLY REQUIREMENTS The establishment shall always provide an adequate and potable supply of water, as approved by the local regulatory authority. If an existing public water supply of satisfactory quantity and pressure is available, and the owner of the public …

37.111.1208 INDIVIDUAL WATER CONNECTIONS Plans for a new or modified water distribution system must be approved by the regulatory authority before construction.The system must be designed to protect the water from contamination.This includes providing protection from backflow and…

37.111.1209 WASTEWATER TREATMENT REQUIREMENTS Wastewater treatment systems must be located, designed, constructed, and operated in accordance with local and state regulations. A failed wastewater treatment system must not be used until repaired or replaced.An alternative system a…

37.111.121 LAUNDRY FACILITIES All bedding, towels, and other laundered items must be mechanically washed and hot air dried in laundry facilities which meet the following requirements: The wash cycle must run with sufficient detergent and for a time demonstrated to thoroughly remo…

37.111.1210 TOILET FACILITIES Toilet facilities are required for establishments with dependent unit sites. Toilets must be located within 300 feet of sites for dependent units and must be accessible whenever the establishment is operating. Authorizing statute(s): 50-52-102, MCA I…

37.111.1211 POOLS AND SPAS A public swimming pool, as defined under 50-53-102, MCA, provided by a campground, trailer court, work camp, or youth camp must be licensed, constructed, and operated in accordance with ARM Title 37, chapter 115, subchapter 1. Authorizing statute(s): 50…

37.111.1212 WATER STATION Establishments that do not have individual water connections for all designated sites shall provide a water station. A water station must consist of at least a water hydrant and the necessary appurtenances, and must be protected against backflow, back si…

37.111.1213 SANITARY DUMP STATION A sanitary dump station is required in each establishment that has designated sites for independent units, unless the following circumstances exist: each independent unit designated site is provided with an individual sewer riser; a sanitary dump…

37.111.1216 SERVICE BUILDING REQUIREMENTS A service building must be provided at each establishment that provides dependent unit designated sites unless the campground limits occupancy of individuals to 14 days or less.The service building is subject to the following requirements…

37.111.1217 SHELTER UNITS Each shelter unit will be maintained as follows: the shelter unit must be thoroughly cleaned after being occupied; the shelter unit must be maintained in good repair and in a safe and sanitary condition; floor and wall mounted furnishings must be easily …

37.111.1218 SOLID WASTE REQUIREMENTS The establishment must ensure that the storage, collection, and disposal of solid waste does not cause health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution.The licensee or manager must take immedi…

37.111.1219 PEST AND WEED CONTROL Buildings and other structures must be maintained to be kept free of harborage for, and infestations of, pests and wildlife. Any extermination or control measures involving insecticides, rodenticides, or herbicides must strictly conform to the ma…

37.111.122 GUEST ROOM CLEANING AND MAINTENANCE Guest rooms must be cleaned and supplied with freshly laundered sheets, pillow covers, towels, and washcloths before each new guest or group of guests arrive. Clean bed sheets, pillow covers, towels, and washcloths must be provided t…

37.111.1220 FIRE PROTECTION AND HAZARDOUS SUBSTANCES Facilities shall be kept free of litter, rubbish, and other flammable materials. Chemicals, flammables, and other hazardous substances shall be used for their intended purpose and according to the manufacturer's directions stat…

37.111.1223 REGISTRATION All campgrounds, youth camps, and work camps shall maintain a camp register that contains the names, home addresses, and phone numbers of the occupants. A youth camp shall maintain a camp register that also contains names and phone numbers of persons to n…

37.111.1224 SPECIAL EVENT CAMPGROUNDS A special event campground may be licensed by the local regulatory authority for a single event that takes place at a single venue for 14 days or less. The operator of a special event campground must submit a complete plan review application …

37.111.1225 FOOD SERVICE An establishment preparing or serving food that meets the definition of a "retail food establishment" under 50-50-102, MCA, must obtain a separate retail food license.An establishment as defined in 50-51-102, MCA, that is licensed as a public accommodatio…

37.111.1226 LICENSURE The local regulatory authority shall perform a pre-licensing inspection prior to submitting a complete license application with the appropriate fee found in 50-52-202, MCA. A licensee shall give notice in writing to the local regulatory authority at least 30…

37.111.1227 YOUTH CAMPS In addition to the other requirements of this subchapter, the operator of a youth camp must: ensure that the site is as free as reasonably possible of objects or conditions which are hazardous to humans; post a warning of potential natural hazards and othe…

37.111.1228 WORK CAMPS Whenever operation of a work camp is permanently discontinued, all septic tanks, privy vaults, and cisterns must be removed or emptied and subsequently filled with solid materials. Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, M…

37.111.123 POOLS, SPAS, AND OTHER FEATURES (REPEALED) Authorizing statute(s): 50-51-103, MCA Implementing statute(s): 50-51-103, MCA History: NEW, 1982 MAR p. 1049, Eff. 5/14/82; TRANS, from DHES, 2001 MAR p. 2425; AMD, 2010 MAR p. 1197, Eff. 1/15/10; REP, 2012 MAR p. 1042, Eff. …

37.111.1231 VARIANCES The regulatory authority may grant a variance to a requirement of this subchapter if, in the opinion of the regulatory authority, a health hazard or nuisance will not result from the variance. To apply for a variance, the applicant must submit the following …

37.111.1232 INSPECTIONS AND COMPLIANCE REQUIREMENTS In accordance with 50-52-303, MCA, a licensee shall allow the local regulatory authority to perform inspections at reasonable hours for determining compliance with this subchapter. Whenever an inspection is made to determine com…

37.111.1233 PERFORMANCE REQUIREMENTS FOR LOCAL REGULATORY AUTHORITIES In addition to the requirements of 50-52-301, MCA, the following performance requirements apply to the local board of health: for a local board of health to qualify for reimbursement under 50-52-302, MCA, the l…

37.111.124 FOOD SERVICE REQUIREMENTS An establishment preparing or serving food that meets the definition of a "retail food establishment" under 50-50-102, MCA, must obtain a separate retail food license. An establishment licensed as a public accommodation is exempt from the requ…

37.111.130 GUEST REGISTRATION Each establishment must maintain a register of all overnight guests, including name and contact information of the guest and unit to which the guest was assigned. Guest registration must be kept available for at least one year for communicable diseas…

37.111.135 MINIMUM PERFORMANCE REQUIREMENTS FOR LOCAL HEALTH AUTHORITIES (REPEALED) Authorizing statute(s): 50-51-303, MCA Implementing statute(s): 50-51-303, MCA History: NEW, 1994 MAR p. 2941, Eff. 11/11/94; TRANS, from DHES, 2001 MAR p. 2425; REP, 2012 MAR p. 1042, Eff. 5/25/1…

37.111.201 DEFINITIONS (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 1098, Eff. 5/28/82; AMD, 1995 MAR p. 634, Eff. 4/28/95; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/2…

37.111.202 INCORPORATION BY REFERENCE (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1995 MAR p. 634, Eff. 4/28/95; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.205 LAYOUT PLAN REVIEW (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 1101, Eff. 5/28/82; AMD, 1995 MAR p. 634, Eff. 4/28/95; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff.…

37.111.206 LAYOUT PLAN: WATER SUPPLY REQUIREMENTS (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1995 MAR p. 634, Eff. 4/28/95; AMD, 1996 MAR p. 161, Eff. 1/12/96; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, …

37.111.207 LAYOUT PLAN: SEWAGE SYSTEM REQUIREMENTS (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1995 MAR p. 634, Eff. 4/28/95; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.211 LICENSURE (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, 50-52-201, 50-52-202 and 50-52-203, MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 1103, Eff. 5/28/82; AMD, 1982 MAR p. 1484, Eff. 7/30/82; AMD, 1995 MAR p. 634, Eff. 4/28/95;…

37.111.212 INSPECTIONS AND COMPLIANCE REQUIREMENTS (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, 50-52-103, 50-52-301, MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 1104, Eff. 5/28/82; AMD, 1995 MAR p. 634, Eff. 4/28/95; TRANS, from DHES, 20…

37.111.215 WATER SUPPLY: ONGOING REQUIREMENTS (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: Eff. 12/31/82; AMD, 1982 MAR p. 1104, Eff. 5/28/82; AMD, 1995 MAR p. 634, Eff. 4/28/95; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 M…

37.111.216 SEWAGE SYSTEM (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 1106, Eff. 5/28/82; AMD, 1995 MAR p. 634, Eff. 4/28/95; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10…

37.111.217 SOLID WASTE: STORAGE AND DISPOSAL (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 1109, Eff. 5/28/82; AMD, 1995 MAR p. 634, Eff. 4/28/95; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MA…

37.111.218 NOXIOUS PLANT, ANIMAL, DUST AND OTHER PUBLIC HEALTH CONTROLS (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 1109, Eff. 5/28/82; AMD, 1995 MAR p. 634, Eff. 4/28/95; TRANS, from DHES, 200…

37.111.220 MISCELLANEOUS LICENSEE REQUIREMENTS (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 1111, Eff. 5/28/82; AMD, 1982 MAR p. 1484, Eff. 7/30/82; AMD, 1995 MAR p. 634, Eff. 4/28/95; TRANS, fr…

37.111.225 GUEST REGISTRATION (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 1111, Eff. 5/28/82; AMD, 1995 MAR p. 634, Eff. 4/28/95; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff.…

37.111.226 ANIMALS RUNNING AT LARGE (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 1112, Eff. 5/28/82; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.230 SERVICE BUILDINGS AND OTHER SERVICE FACILITIES FOR GENERAL SERVICES CAMPGROUNDS (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1982 MAR p. 1114, Eff. 5/28/82; AMD, 1995 MAR p. 634, Eff. 4/28/95; TRANS, from DHES,…

37.111.235 PERFORMANCE REQUIREMENTS FOR LOCAL HEALTH AUTHORITIES (REPEALED) Authorizing statute(s): 50-52-102, 50-52-301, MCA Implementing statute(s): 50-52-302, MCA History: NEW, 1995 MAR p. 634, Eff. 4/28/95; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/…

37.111.301 PURPOSE The purpose of these rules is to establish public health requirements governing the operation of bed and breakfast establishments in order to protect the health and safety of guests staying at such establishments. Authorizing statute(s): Sec. 50-51-103 and 50-5…

37.111.302 DEFINITIONS In addition to those definitions contained in 50-51-102 , MCA, the following definitions apply to this subchapter: "Bed and breakfast establishment" as defined in 50-51-102 (1) , MCA, means a private, owner or manager occupied residence that is used as a pr…

37.111.305 PRELICENSURE REVIEW AND APPROVAL Bed and breakfast establishments shall submit facility and operating plans to the regulatory authority for review and approval when the following conditions apply: Before construction commences for a new establishment or for an addition…