Montana Administrative Code

37.111.623 INSPECTIONS (REPEALED) Authorizing statute(s): 50-52-102, 50-52-301, 50-52-302, MCA Implementing statute(s): 50-52-301, 50-52-302, 50-52-303, MCA History: NEW, 1994 MAR p. 2941, Eff. 11/11/94; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.624 MINIMUM PERFORMANCE REQUIREMENTS FOR LOCAL REGULATORY AUTHORITIES (REPEALED) Authorizing statute(s): 50-52-302, MCA Implementing statute(s): 50-52-302, MCA History: NEW, 1994 MAR p. 2941, Eff. 11/11/94; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/…

37.111.801 DEFINITIONS "Approved" means acceptable to the department, based on its determination of conformance with this subchapter and good public health practices. "Bin placement" means placing sample results into the correct cell within Table 1 in ARM 37.111.832, to determine…

37.111.802 INCORPORATION BY REFERENCE For purposes of this subchapter, the department adopts and incorporates by reference the following: Department of Public Health and Human Services and Department of Environmental Quality "Recommendations for Outdoor Activities Based on Air Qu…

37.111.804 PRECONSTRUCTION REVIEW Before construction commences, plans for construction of a new school or an addition to or an alteration of an existing school must be submitted to the department or local health authority for review and approval. Plans must include the following…

37.111.805 EXISTING BUILDING: CHANGE OF USE An existing building not currently used as a school may not be used as a school without the prior approval of the department or local health authority. When a proposal to use an existing building as a school involves physical modificati…

37.111.806 STATE-LOCAL COORDINATION If plans for a new or existing building are submitted for review to the local health authority pursuant to ARM 37.111.804 or 37.111.805 and the local health authority determines that it will be unable to conduct the review within a reasonable p…

37.111.810 INSPECTION Representatives of the department or local health authority must be permitted to enter any school at any reasonable time for the purpose of making inspections to determine compliance with this subchapter. Annual inspections must be conducted by a school admi…

37.111.811 PHYSICAL REQUIREMENTS A school must comply with the following physical requirements: Floors, walls, and ceilings in toilet, locker, and shower rooms, laundries, janitorial closets, and similar rooms subject to large amounts of moisture must be maintained in a smooth an…

37.111.812 SAFETY REQUIREMENTS Janitorial and other storage areas that contain toxic or hazardous materials must be kept locked between periods of use. Custodial closets, boiler rooms, and other areas where hazardous or poisonous compounds are stored must be inaccessible to stude…

37.111.813 SCIENCE, INDUSTRIAL ARTS, AND ART LABORATORY SAFETY Schools must comply with the Montana Employee and Community Hazardous Chemical Information Act (ECHCIA), 50-78-101, MCA, et seq. Schools containing science labs, industrial arts classrooms or buildings, and art labs t…

37.111.825 HEALTH SUPERVISION AND MAINTENANCE Soap and disposable towels or other hand-drying devices must be available at all handwashing sinks. Common-use towels are prohibited. Sanitary napkin disposal must be provided for girls of age ten or older and in teachers' toilet room…

37.111.826 INDOOR AIR QUALITY Ventilation systems must undergo annual checks by the school facility manager, school administrator, or administrator-approved staff to ensure they are operating within manufacturer parameters. Air filters must have a minimum efficiency reporting val…

37.111.827 OUTDOOR AIR QUALITY Schools must reference the Recommendations for Outdoor Activities Based on Air Quality for School and Child Care Facilities developed by the Montana Department of Public Health and Human Services and the Montana Department of Environmental Quality t…

37.111.830 LIGHTING The following standards are advisory, rather than mandatory: Sources of illumination, both natural and artificial, should be provided with light diffusion means, or should be of a type and design which limits excessive glare. The following minimum lighting, me…

37.111.831 HEATING (REPEALED) Authorizing statute(s): 50-1-206, MCA Implementing statute(s): 50-1-203, 50-1-206, MCA History: NEW, 1986 MAR p. 546, Eff. 4/11/86; TRANS, from DHES, 2001 MAR p. 2425; REP, 2020 MAR p. 47, Eff. 1/18/20.

37.111.832 WATER SUPPLY SYSTEM The department adopts and incorporates by reference ARM Title 17, chapter 38, subchapters 1 and 2, which set forth standards for design, operation, and maintenance of public water supplies; DEQ Circulars 1, 3, and PWS 5, published by the Department …

37.111.833 WASTE WATER SYSTEM In order to ensure waste water is completely and safely disposed of, a school must: connect to a public waste water system meeting the requirements of ARM Title 17, chapter 38, subchapter 1; or if the school is not utilized by more than 25 persons da…

37.111.834 SOLID WASTE In order to ensure that solid waste is safely stored and disposed of, a school must: store all solid waste between collections in containers which have lids, are corrosion-resistant, and are constructed to minimize pest attraction and harborage; clean all s…

37.111.840 LAUNDRY FACILITIES Laundries operated in conjunction with or utilized by a school must be provided with: a mechanical washer and hot air tumble dryer. Manual washing and line drying of towels and other laundry items is prohibited. Dryers must be properly vented to prev…

37.111.841 CLEANING AND MAINTENANCE A school must comply with the following cleaning and maintenance requirements: Daily cleaning and maintenance services must be provided whenever the school is in use. Each janitor room must be kept clean, ventilated, lockable, and free from odo…

37.111.842 FOOD SERVICE REQUIREMENTS Whenever a food service is operated as an integral part of a school, compliance with ARM Title 37, chapter 110, subchapter 2, rules for food service establishments, is required. If the food service is available only to staff and students of th…

37.111.846 NOXIOUS PLANT AND ANIMAL CONTROL The school and school site must be maintained free of harborage for insects, rodents, and other pests. Extermination methods and other measures to control pests must conform with the requirements of the department or the local health au…

37.112.101 TATTOOING: DEFINITIONS (REPEALED) Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.102 PURPOSE The rules in this chapter pertain to body art establishments under Title 50, chapter 48, MCA, that are licensed by the Department of Public Health and Human Services. Unless otherwise specified by the rules of the local health authority, the rules in this chapt…

37.112.103 DEFINITIONS In addition to the definitions contained in 50-48-102, MCA, the following definitions apply to this subchapter: "Aftercare instructions" means verbal and written instructions that the client should follow to prevent infection and promote healing of the skin…

37.112.105 TATTOOING: TATTOO SHOP REQUIREMENTS (REPEALED) Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.106 TATTOOING: WORK ROOM REQUIREMENTS (REPEALED) Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.107 TATTOOING: UTENSILS AND SUPPLIES (REPEALED) Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.108 GENERAL FACILITY REQUIREMENTS Work rooms, cleaning rooms, restrooms, handwashing facilities, waiting areas, and all establishment areas to which clients have access must be kept clean and free of garbage, litter, unnecessary articles, dust, dirt, and sources of airborn…

37.112.109 WATER SUPPLY An adequate and potable supply of water must be provided. A nonpublic water supply system must meet the requirements of Food and Consumer Safety (FCS) Circular 1-2012 when: the water supply is constructed after the effective date of this rule; modification…

37.112.112 TATTOOING: HEPATITIS B VACCINATION (REPEALED) Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.113 TATTOOING: STERILIZATION REQUIREMENTS (REPEALED) Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.114 TATTOOING: ULTRASONIC CLEANING UNIT (REPEALED) Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.115 SEWAGE SYSTEM AND SOLID WASTE An adequate and safe wastewater system must be provided for conveying, treating, and disposing of all sewage. Immediate measures must be taken to alleviate health and sanitation hazards caused by wastewater at the establishment when they o…

37.112.116 TOILETS AND HANDWASHING SINKS Each establishment must have a toilet and handwashing sink conveniently available to clients and body artists during all hours of operation. The toilet room must be located within 200 feet by a normal pedestrian route of the work room and …

37.112.117 WORK ROOM REQUIREMENTS All body art procedures must take place in the work room only. The work room must be separated by a barrier from the waiting area. The room does not need to have complete physical separation, but it must be segregated by counters, self-closing do…

37.112.120 TATTOOING: SKIN PREPARATION (REPEALED) Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.121 TEMPORARY OR MOBILE ESTABLISHMENT A temporary or mobile establishment may be operated if: the operator submits to the department or its designee a written plan that demonstrates how the temporary or mobile establishment will meet the provisions of these rules, or will …

37.112.122 TATTOOING: PATTERN TRANSFER (REPEALED) Rule 37.112.123 reserved Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.124 TATTOOING: TATTOO APPLICATION (REPEALED) Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.125 EQUIPMENT AND SUPPLIES Equipment, tools, and jewelry must be clean, in sound condition, and free of rust. Sharp instruments and tools must not be dull. Defective needles may not be used. Single-use or disposal items must be used only once. Gloves that come into contact…

37.112.126 TATTOOING: AFTERCARE (REPEALED) Rule 37.112.127 reserved Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.128 TATTOOING: COLORS, DYES AND PIGMENTS (REPEALED) Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.129 BLOOD-BORNE PATHOGEN EXPOSURE CONTROL An establishment operator employing at least one body artist shall meet the applicable requirements of 29 CFR 1910.1030, which provides standards for blood-borne pathogen exposure control as promulgated by the U.S. Department of La…

37.112.130 TATTOOING: HANDLING AND DISPOSAL OF INFECTIOUS MATERIAL (REPEALED) Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.131 STERILIZATION OF EQUIPMENT AND JEWELRY All nondisposable instruments used for body art that can come into contact with blood or body fluids must be individually wrapped and sterilized by an autoclave. All disposable instruments that come into contact with blood or body…

37.112.132 CLEANING AND ULTRASONIC USE All reusable instruments used for body art procedures must be cleaned thoroughly with an appropriate soap or detergent and rinsed completely with potable water. Establishments that reuse instruments must have at least a one-compartment sink …

37.112.133 SKIN PREPARATION, ASEPTIC TECHNIQUE, AND AFTERCARE Aftercare instructions appropriate for the body art procedure that describe effective means of infection prevention must be provided to the client both verbally and in writing before every procedure. At all times durin…

37.112.135 TATTOOING: CLIENT RECORD (REPEALED) Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.