Montana Code Annotated 2023

TITLE 50. HEALTH AND SAFETY

CHAPTER 53. PUBLIC SWIMMING POOLS AND SWIMMING AREAS

Part 1. General Provisions

Department Rules

50-53-103. Department rules. (1) The department shall adopt rules relating to the operation of public swimming pools and public bathing places, including rules:

(a) setting standards to ensure sanitation and safety in public swimming pools and public bathing places to protect public health and safety;

(b) imposing reasonable fees for review of plans relating to the design, construction, reconstruction, alteration, conversion, repair, and installation of equipment and for plan review when plan review is conducted by the department;

(c) relating to the licensing of operators of public swimming pools and public bathing places, including allowing for training courses, testing, and recertification for cardiopulmonary resuscitation or pool operator certification to be conducted in person, online, or through other virtual methods;

(d) providing procedures for the enforcement of the laws and rules relating to public swimming pools and public bathing places;

(e) relating to cooperative agreements between the department and local boards of health; and

(f) setting performance standards for local boards of health, local health officers, and sanitarians to meet as a condition to receipt of funds provided by the department pursuant to 50-53-218.

(2) Any rule relating to the design, construction, reconstruction, alteration, conversion, repair, inspection, or use of buildings or installation of equipment in buildings is effective only when it has been adopted by the department of labor and industry as part of the state building code and filed with the secretary of state pursuant to 50-60-204.

History: En. Secs. 203, 204, Ch. 197, L. 1967; amd. Secs. 104, 109, Ch. 349, L. 1974; R.C.M. 1947, 69-5503, 69-5504; amd. Sec. 3, Ch. 646, L. 1985; amd. Sec. 2, Ch. 708, L. 1991; amd. Sec. 166, Ch. 483, L. 2001; amd. Sec. 2, Ch. 310, L. 2007; amd. Sec. 1, Ch. 146, L. 2021.