50-51-103. Department authorized to adopt rules. (1) The department may adopt rules governing the operation of bed and breakfasts, hotels, motels, roominghouses, boardinghouses, and tourist homes to protect the public health and safety.
     (2) Rules applicable to a bed and breakfast, hotel, motel, roominghouse, boardinghouse, or tourist home may relate to construction, furnishings, housekeeping, personnel, sanitary facilities and controls, water supply, sewerage and sewage disposal systems, refuse collection and disposal, registration and supervision, fire and life safety, food service, staggered license expiration dates, and reimbursement of local governments for inspections and enforcement.
     (3) The department shall adopt rules governing guest ranches and outfitting and guide facilities. The rules must take into consideration the size, type, location, and seasonal operations of an establishment and may include only rules to:
     (a) ensure that the establishment has safe drinking water and an adequate water supply;
     (b) ensure an adequate and sanitary sewage system and ensure adequate and sanitary refuse collection and disposal;
     (c) address food safety concerns, such as adequate storage, refrigeration, and food handling; and
     (d) establish staggered license expiration dates by implementing an initial licensing period determined by the department.
     (4) Rules adopted to implement subsection (3) must be adopted through negotiated rulemaking pursuant to the Montana Negotiated Rulemaking Act.
     (5) The department shall develop guidelines for county sanitarians to ensure the uniform application of rules statewide. The guidelines must be relative to each type of establishment.
     (6) Upon receiving an application for licensure, the department shall timely provide the applicant with a copy of the rules appropriate for the applicant's type of establishment.

     History: En. Sec. 6, Ch. 18, L. 1967; amd. Sec. 5, Ch. 485, L. 1973; R.C.M. 1947, 34-306(a); amd. Sec. 2, Ch. 350, L. 1997; amd. Sec. 4, Ch. 412, L. 1997; amd. Sec. 57, Ch. 7, L. 2001.