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Montana Administrative Register Notice 37-574 No. 4   02/23/2012    
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BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the adoption of New Rules I through VII, amendment of 37.111.101, 37.111.106, 37.111.107, 37.111.116, 37.111.117, 37.111.121, 37.111.122, 37.111.124, 37.111.130, and repeal of 37.111.104, 37.111.105, 37.111.115, 37.111.123, and 37.111.135 pertaining to public sleeping accommodations

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION, AMENDMENT, AND

REPEAL

 

TO:  All Concerned Persons

 

            1.  On March 21, 2012, at 1:30 p.m., the Department of Public Health and Human Services will hold a public hearing in Room 207 of the Department of Public Health and Human Services Building,111 North Sanders, Helena, Montana, to consider the proposed adoption, amendment, and repeal of the above-stated rules.

 

2.  The Department of Public Health and Human Services will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact Department of Public Health and Human Services no later than 5:00 p.m. on March 14, 2012, to advise us of the nature of the accommodation that you need.  Please contact Kenneth Mordan, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail dphhslegal@mt.gov.

 

3.  The rules as proposed to be adopted provide as follows:

 

            NEW RULE I  REVIEW OF PLANS AND SPECIFICATIONS  (1)  Whenever an initial license is applied for, the applicant must submit plans and specifications to the local health authority for review and approval before construction, remodeling, or conversion begins.

            (2)  If the local health authority is unable to perform the review, plans and specifications must be submitted to the department for review and approval.

            (3)  Plans and specifications must include the following:

            (a)  location and detail of storage rooms used for bedding and furnishings;

            (b)  location and detail of janitorial facilities;

            (c)  location and detail of laundry facilities, including a description of equipment, floor and wall finish material;

            (d)  a flow chart indicating the route of laundry through sorting, washing, drying, ironing, folding, and storage;

            (e)  location and description of all food preparation, storage, and service areas, unless already required to license as a retail food service establishment under 50-50-102, MCA;

            (f)  description of dishes, cookware, utensils, and cooking equipment available in guest rooms, including details of cleaning and storage;

            (g)  location and detail of ice production, storage, and dispensing equipment;

            (h)  location of swimming pools, spas, and other recreational water features;

            (i)  name of sanitary landfill licensed by the Department of Environmental Quality (DEQ) which will receive solid waste from the establishment;

            (j)  documentation of approval from DEQ and any applicable local health authority permit and inspection report, if the establishment will be served by a public wastewater system;

            (k)  documentation of approval from the local health authority, if the establishment will be served by a nonpublic wastewater system;

            (l)  documentation of approval from DEQ, if the establishment will be served by a public water supply;

            (m)  demonstration of compliance with this subchapter, if the establishment will be served by a nonpublic water supply; and

            (n)  any other pertinent information requested by the local health authority.

            (4)  Construction must be in accordance with the plans and specifications as approved.  Any changes from the approved plans must be reviewed and approved, in writing, by the local health authority.

            (5)  Approval is valid for two years.  If construction, remodeling, or conversion is not completed within two years, the local health authority may require plans and specifications to be resubmitted for review.

            (6)  If the establishment was previously licensed by the department and no structural modification will be involved, the local health authority may waive the requirement for the submission of plans and specifications.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

NEW RULE II  WATER SUPPLY SYSTEM GENERAL REQUIREMENTS

(1)  An establishment must provide an adequate and potable supply of water.

(2)  A public water supply system must be approved by the Department of Environmental Quality and meet the requirements of ARM Title 17, Chapter 38, subchapters 1, 2, 3, and 5.

(3)  A nonpublic water supply system must meet the requirements of Food and Consumer Safety (FCS) Circular 1-2012 when:

(a)  the water supply is constructed after the effective date of this rule;

(b)  modifications are made to the water system; or

(c) the local health authority determines compliance with FCS Circular 1-2012 is necessary to meet the requirements of this subchapter.

(4)  A nonpotable water source may be used only if:

(a)  access points are marked "not for human consumption";

(b)  installation and maintenance prevent any connection to a potable water supply system; and

(c)  the source is used in a manner that does not expose the public to any health risk.

            (5)  The department adopts and incorporates by reference FCS Circular 1-2012 in effect April 27, 2012, which contains potable water construction and maintenance standards for nonpublic water supplies serving licensed establishments.  A copy of FCS Circular 1-2012 may be obtained from the Department of Public Health & Human Services, Food & Consumer Safety Section, P.O. Box 202951, Helena, Montana  59620-2951.  The FCS Circular 1-2012 is also available on the department's web site at www.fcss.mt.gov.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

            NEW RULE III  NONPUBLIC WATER SUPPLY SAMPLING AND TEST REPORTS  (1)  An establishment using a nonpublic water supply system must have water samples analyzed for coliform bacteria as follows:

            (a)  Coliform sampling must be done before licensing and at least in two separate months of each calendar year that the establishment operates.

            (b)  The sampling schedule must include collection when the water source is most likely to be contaminated, such as during April through June and September through October, in the high ground water season, or as directed by the local health authority.

            (c)  The local health authority may require the establishment to sample monthly, in the months the establishment operates, if an inspection, sampling results, or an event indicates the water source is vulnerable to contamination.

            (d)  The local health authority may return the sampling frequency to two in a calendar year if an on-site sanitary inspection of the water source and other pertinent information shows the water source is no longer vulnerable to contamination.

            (2)  Following shock disinfection, a coliform sample must be collected at least three to five days after disinfectant is no longer detected in the system.

            (3)  An establishment using a nonpublic water supply system must have a water sample analyzed for total nitrate before initial licensing and at least once each year that the establishment is licensed.

            (4)  Water samples must be analyzed by a laboratory licensed and certified by the state of Montana for drinking water analysis.

            (5)  The establishment must ensure water test results are transmitted to the local health authority from the laboratory in a format acceptable to the local health authority.

            (6)  The establishment must keep test results available for inspection by the local health authority for at least five years.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

            NEW RULE IV  NONPUBLIC WATER SUPPLY CONTAMINATED SAMPLES

            (1)  If coliform bacteria is detected in a nonpublic water supply routine sample, the establishment must:

            (a)  collect at least four more repeat samples at the following system points:

            (i)  the location of the original contaminated routine sample;

            (ii)  up-gradient to the contaminated routine sample;

            (iii)  down-gradient to the contaminated routine sample; and

            (iv)  at the source; or

            (v)  as directed by the local health authority.

            (b)  collect at least five routine samples in the month following a detection of coliform in any routine sample; and

            (c)  notify the local health authority within 48 hours of receiving test results.

            (2)  If coliform is detected in a repeat sample, the establishment must:

            (a)  take appropriate corrective action; and

            (b)  notify customers and staff by placing an advisory sign approved by the local health authority at each point of use, or as directed by the local health authority.

            (3)  If fecal coliform or E. coli is detected in a routine sample or repeat sample, the establishment must:

            (a)  stop using the water source immediately;

            (b)  provide a temporary source of safe water in accordance with [New Rule VI];

            (c)  take appropriate corrective action; and

            (d)  notify the local health authority within 24 hours of receiving test results.

            (4)  If an establishment fails to take the four repeat or five routine samples following the detection of coliform, or fails to test for fecal coliform or E. coli in coliform positive samples, the establishment must follow corrective actions as specified in (3).

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

            NEW RULE V  WATER SUPPLY CORRECTIVE ACTIONS  (1)  An establishment must take appropriate corrective action, which may include shock disinfection, replacement, or repair of the water supply system within a period specified by the local health authority when:

            (a)  a water sample exceeds the maximum contaminant levels as specified in ARM Title 17, chapter 38, subchapter 2;

            (b)  the supply does not have the capacity to provide enough water for drinking, cooking, personal hygiene, laundry, cleaning, and wastewater disposal;

            (c)  the local health authority reports to an establishment that the establishment's water supply system is vulnerable to contamination based on a site visit;

            (d)  a pathogenic microorganism is detected; or

            (e)  a confirmed disease outbreak is associated with the water supply through investigation.

            (2)  When a water supply is replaced or repaired, the water supply system must be shock disinfected.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

            NEW  RULE VI  WATER SUPPLY RESTRICTED-USE ORDER  (1)  The local health authority shall issue a restricted-use order to an establishment when:

            (a)  the Department of Environmental Quality (DEQ) has issued a boil water order;

            (b)  fecal coliform or E. coli is detected in a nonpublic water supply sample;

            (c)  the total nitrate level is over 10 mg/L in a nonpublic water supply sample;

            (d)  a nonpublic water supply sample exceeds the maximum contaminant levels as specified in ARM Title 17, chapter 38, subchapter 2;

            (e)  a pathogenic microorganism is detected; or

            (f)   a confirmed disease outbreak is associated to the water source by investigation.

            (2)  An establishment that is subject to a restricted-use order must provide and use a temporary source of potable water as described in (3) for customer and staff drinking, food and drink preparation and service, ice, dishwashing, food contact surface cleaning, and hand washing, or discontinue operations.

            (3)  With approval from the local health authority, an establishment may provide potable water on a temporary basis using one or more of the following:

            (a)  bottled or packaged potable water from a department-licensed water bottler, or other approved water bottler, if the water is dispensed directly from the original container;

            (b)  water from a DEQ-approved public water supply that meets the requirements of ARM Title 17, chapter 38, subchapters 1, 2, 3, and 5, stored in a clean potable water container or holding tank;

            (c)  water delivered by a department-licensed potable water hauler;

            (d)  if the water is fecal or E. coli contaminated, water that has been boiled for at least one minute, and stored and served from a clean, sanitized covered container; or

            (e)  other source approved by the local health authority.

            (4)  If the local health authority determines that boiling water will not provide adequate potable water, it may require an establishment to use another approved method for supplying water.

            (5)  An establishment subject to a restricted-use order must notify customers and staff of the restricted-use order by placing a sign at each point of use, or as otherwise directed by the local health authority.

            (6)  A water supply under a restricted-use order may not be used to make ice.

            (7)  An establishment subject to a restricted-use order may wash, rinse, and sanitize dishes, utensils, and equipment using the affected water system if using an approved chemical disinfectant or a commercial dish machine that reaches 180°F (82°C) in the final rinse.

            (8)  A restricted-use order may be removed by the local health authority after:

            (a)  laboratory sampling demonstrates that the water supply is safe;

            (b)  the establishment flushes all pipes, faucets, and drinking fountains by running cold water for at least five minutes; and

            (c)  the establishment flushes, cleans, and sanitizes food and beverage equipment connected to the water supply, such as, but not limited to, post-mix beverage machines, spray misters, coffee makers, tea urns, ice machines, glass washers, and dishwashers in accordance with manufacturer's instructions.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

            NEW RULE VII  ICE  (1)  Ice must be made from the establishment's approved water supply meeting the requirements of this subchapter or obtained from a licensed or approved supplier.

            (2)  Ice must be manufactured, stored, handled, transported, and served in a manner that prevents contamination.

            (3)  Ice must be stored in an automatic dispenser if the ice is not dispensed directly by the establishment staff.

            (4)  Where open-bin ice is provided, an ice scoop must be readily available for use by the staff and protected from contamination.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

4.  The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            37.111.101  DEFINITIONS  In addition to those definitions contained in 50-51-102, MCA, the following definitions apply to this subchapter:

            (1)  "Bedding" means a mattresses, box springs, mattress covers, mattress pads, sheets, pillow slips, pillows, pillow covers, blankets, comforters, quilts, duvet, and bedspreads.

            (2) and (3) remain the same.

            (4)  "Establishment" means a facility providing sleeping accommodations to the public, such as a hotel, motel, tourist home, or rooming house, including boarding house, hostel, or vacation home or retirement home.  For the purpose of this subchapter, establishment does not include a "bed and breakfast," "guest ranch," or "outfitting and guide facility."

            (5)  "Fire authority" means the state fire marshal or his the state fire marshal's authorized agent.

            (6)  "Fixtures" means a shower, bathtub, toilet, toilet seat, urinal, lavatory handwashing sink, kitchen sink, janitor and custodial sink, utensil dishwashing sink, and all exposed plumbing integral to them.

            (7)  "Floors" means sub-flooring and floor coverings of all rooms including stairways, hallways, and lobbies.

            (8) (7)  "Furnishings" means cups, glasses, pitchers, utensils, draperies, curtains, blinds, light fixtures, lamps and lamp shades, chairs, tables, desks, shelves, books, magazines, bookcases, dressers, bedsteads, mattress springs other than box springs, towels, wash cloths, soap, toilet tissue, radios, television sets, coffee makers, water heaters, pictures, mirrors, cabinets, closets and refrigerators an item provided within a guest unit including, but not limited to, a cup, glass, pitcher, ice bucket, utensil, drapery, curtain, blind, light fixture, lamp and lamp shade, chair, table, desk, shelf, book, magazine, bookcase, dresser, bedstead, mattress, box springs, towel, wash cloth, soap, toilet tissue, radio, television, coffee maker, microwave oven, heating and cooling unit, picture, mirror, cabinet, closet, and refrigerator.

            (9) (8)  "Guest" means each occupant of person using any provided services such as a bed or bathing facility within any unit of an establishment.

            (10) (9)  "License" means a written instrument document issued by the department authorizing the operation of an establishment.

     (11) (10)  "Local health authority" means a local health officer, local sanitarian, sanitarian-in-training, or any other person authorized by the local board of health or department.

            (12) (11)  "Sanitarian" means the person who is qualified under Title 37, chapter 40, part 3, MCA, and represents the health officer.

            (12)  "Shock disinfection" means an application of a chemical disinfectant to a water supply in order to kill all microorganisms. The chemical disinfectant is usually chlorine at a concentration much stronger than allowed in potable water.

            (13)  "Sleeping accommodation" means the provision of sleeping quarters and linen service or housekeeping service where the linen service and or housekeeping service are provided by management or by the residents guests under the direct supervision of management.  Sleeping accommodation does not include a place of residency subject to the Residential Landlord and Tenant Act of 1977, Title 70, chapter 24, MCA.

            (14)  "Wastewater system" means a sewage treatment and disposal system.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

     37.111.106  LICENSURE, RENEWAL, AND INSPECTION  (1)  Upon notification by the department that an application and fee have been received for a license for a previously unlicensed establishment, the local health officer, local health department sanitarian or sanitarian-in-training shall make a prelicensing inspection to determine compliance with the requirements of this subchapter.  No person shall operate an establishment without a license issued by the department and validated by the local health officer.

            (2)  An issued license is not transferable to any other premises or licensee.

            (3)  A license may be issued or renewed by the department and validated by the local health officer if the establishment demonstrates compliance with this subchapter.

            (2) (4)  The local health officer, or a sanitarian or sanitarian-in-training employed by or contracted with the local board of health authority must inspect each licensed establishment within the jurisdiction of the local board of health to determine compliance with this subchapter at least once in every 12 months each calendar year, unless that schedule is modified by signed agreement with the department.

            (3)  If the establishment is in compliance with this subchapter and the department does not receive notification of noncompliance from the building authority or fire authority, a license will be issued or renewed.

            (5)  The local health authority, after proper identification, must be provided access to the establishment at all reasonable hours for the purpose of conducting inspections and investigations as required under this subchapter.

            (6)  Inspection findings must be written to reference any rule violated, state the correction to be made, and specify a reasonable period of time for the correction.

            (7)  The written inspection report must be made on a form authorized by the department.

            (8)  A copy of the completed inspection report form must be given to the person in charge of the establishment at the conclusion of the inspection.

            (9)  The local health authority must retain all documentation of enforcement of this subchapter including, but not limited to, inspection reports, consumer complaints, illness investigations, plans of correction, and enforcement actions for at least five years.

            (10)  The completed inspection report is a public document that must be made available for public review upon request, distribution to any person upon payment of copying costs, or to the department upon request.

            (11)  Obtaining a license under this subchapter does not relieve the applicant from satisfying other applicable plan review, licensing, and inspection requirements.  Other requirements may include, but are not limited to the following:

            (a)  building code permit and inspection;

            (b)  fire and life safety inspection;

            (c)  retail food licensing;

            (d)  public swimming pool, spa, and other water feature licensing; and

            (e)  business licensing.

            (12)  Notification of noncompliance from the building or fire authority may prevent a license from being issued by the department or validated by the local health officer.

 

AUTH:  50-51-103, 50-51-303, MCA

IMP:     50-51-103, 50-51-301, 50-51-303, MCA

 

     37.111.107  PHYSICAL REQUIREMENTS  (1)  An establishment must comply with the following physical requirements:

            (a)  In addition to the requirements of this subchapter, compliance with the state building code and fire code is required.

            (b)  At least one storage room sufficient in size for the storage of extra bedding and furnishings must be provided.

            (c) (2)  Adequate and convenient janitorial facilities including a janitor sink and storage area for equipment and chemicals must be provided.

            (d) (3)  All rooms, hallways, stairways, and public access areas must be provided with at least ten foot-candles of light.

            (e) (4)  Floors and walls in toilet and bathing rooms, laundries, janitorial closets, and similar rooms subject to large amounts of moisture must be smooth, and nonabsorbent, and easily cleanable.

            (f) remains the same, but is renumbered (5)

            (g) (6)  Bathing facilities must be provided with anti-slip surfaces or mats.

            (7)  Handwashing sinks and bathing facilities must be provided with water at a temperature of at least 100°F (38°C) and not more than 120°F (49°C).

            (8)  Establishment property must be maintained to minimize the presence of insects, rodents, and other vermin which affect public health.

            (9)  The local health authority may require licensed pesticide services for persistent pest infestations.

            (10)  Adequate ventilation must be provided to prevent excess moisture and odors.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

            37.111.116  SEWAGE WASTEWATER SYSTEM  (1)  The department hereby adopts and incorporates by reference the following Department of Environmental Quality publications setting construction and operation standards for sewage systems:

            (a)  Circular #84-10, "Sewers and Sewage Treatment for Multi-Family and Non-Residential Buildings"

            (b)  Circular #13, "The Sanitary Pit Privy." Copies of the above circulars may be obtained from the Department of Public Health and Human Services, Public Health and Safety Division, Food and Consumer Safety Section, 1400 Broadway, P.O. Box 202951, Helena, MT 59620-2951.

            (2)  In order to ensure sewage is completely and safely disposed of, an establishment must:

            (a)  connect to a public sewage system meeting the requirements of ARM Title 17, chapter 38, subchapter 1; or

            (b)  if the establishment is not utilized by more than 25 persons daily at least 60 days out of the calendar year, including guests, staff, and residents; and an adequate public sewage system is not available; utilize a nonpublic system whose construction and use meet the construction and operation standards contained in Department of Environmental Quality Circular #84-10, incorporated by reference in (1) of this rule.

            (3)  A sewage system design, other than the type described in this rule, may be utilized only if it is designed by an engineer registered in Montana and offers equivalent sanitary protection as determined by the department or local health authority.

            (4)  An establishment must replace or repair its sewage system whenever:

            (i)  it fails to accept sewage effluent at the rate of application;

            (ii)  seepage of effluent from, or ponding of effluent on or around, the system occurs;

            (iii)  contamination of a potable water supply or state waters is traced to effluent from the sewage system; or

            (iv)  a mechanical failure occurs, including electrical outage, or collapse or breakage of septic tank, inlet lines, or drainfield lines.

            (1)  An adequate and safe wastewater system must be provided for conveying, treating, and disposing of all sewage from permanent public sleeping accommodations and food service.

            (2)  Immediate measures must be taken to alleviate health and sanitation hazards caused by wastewater at the establishment when they occur.

            (3)  All wastewater must be disposed of by a public wastewater system approved by the Montana Department of Environmental Quality or by a private wastewater system constructed and operated in accordance to applicable state and local regulations.

            (4)  A wastewater system has failed and requires replacement or repair if any of the following conditions occur:

            (a)  the system fails to accept, treat, or dispose of wastewater as designed;

            (b)  the system displays surfacing effluent;

            (c)  effluent from the wastewater system contaminates a potable water supply or state waters; or

            (d)  the wastewater system experiences mechanical failure, including electrical outage, or collapse or breakage of a septic tank, lead line, or drainfield line.

            (5) Extension, alteration, replacement, or repair of any wastewater system must be done in accordance with all applicable state and local regulation.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

            37.111.117  SOLID WASTE  In order to ensure that solid waste is safely stored and disposed of an establishment must:

            (1)  store all solid waste between collections in containers which have lids and are corrosion-resistant, flytight, watertight, and rodent-proof;

            (2)  clean all solid waste containers frequently;

            (3)  utilize exterior collection stands for the containers referred to in (1) of this rule which prevent the containers from being tipped, protect them from deterioration, and allow easy cleaning below and around them; and

            (4)  transport or utilize a private or municipal hauler to transport the solid waste at least weekly to a landfill site approved by the department in a covered vehicle or covered containers.

            (1)  Solid waste must be collected, stored, and disposed of in a manner that does not create a sanitary nuisance.

            (2)  Solid waste must be removed from the premises at least weekly to a licensed solid waste disposal facility.

            (3)  Solid waste may not be burned on the premises.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

            37.111.121  LAUNDRY FACILITIES  (1)  Laundries operated in conjunction with, or utilized by, an establishment must be provided with:

            (a)  mechanical washer and hot air tumble dryer.  Manual washing and line drying of bed linen, towels and washcloths is prohibited.  Dryers must be properly vented to prevent maintenance problems.

            (b)  A hot water supply system capable of supplying water at a temperature of 54°C (130°F) to the washer during all periods of use.

            (c)  Separate area for sorting and storing soiled laundry and folding and storing clean laundry.

            (d)  Separate carts for transporting soiled and cleaned laundry.

            (e)  Handwashing facilities including sink, soap, and disposable towels.  A soak sink may double as a handwashing sink.

            (2)  Sheets, pillow covers, towels and washcloths must be machine washed at a minimum temperature of 54°C (130°F) for a minimum time of eight minutes and dried in a hot air tumble dryer or ironed at a minimum temperature of 150°C (300°F).

            (1)  All bedding, towels, and other laundered items must be mechanically washed and hot air dried in laundry facilities which meet the following requirements:

            (a)  The wash cycle must run with sufficient detergent and for a time demonstrated to thoroughly remove all visible soil.

            (b)  Laundered items must be thoroughly hot air tumble dried to at least 130°C (54°C) for ten minutes.

            (2)  Clean laundry must be kept protected from contamination from soiled laundry and other sources by the following:

            (a)  using separate labeled carts or containers for transportation;

            (b)  providing sufficient space for sorting, folding, and storage; and

            (c)  washing hands between touching soiled and clean laundry.

            (3)  Laundry facilities must have a convenient handwashing sink, hand soap, disposable towels, and trash can.

            (4)  A handsink may be used for soaking laundry if the handsink remains accessible for handwashing when needed.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

            37.111.122  HOUSEKEEPING GUEST ROOM CLEANING AND MAINTENANCE  (1)  An establishment must comply with the following housekeeping and maintenance requirements:

            (a)  In each establishment daily housekeeping and maintenance services must be provided.  Housekeeping must be provided between the occupancy of different guests and at least daily or as requested by each guest.

            (a)  Clean bed sheets and pillow cases must be provided to each guest daily or as requested by a guest.

            (b)  Each janitor room must be kept clean, ventilated and free from odors.  Clean towels and washcloths must be provided to each guest daily or as requested by a guest.

            (c)  Shared bathrooms must be cleaned daily.

            (d)  All bedding, towels, and washcloths provided by management must be clean and in good repair.

            (c) (2)  Mop heads, when used, must be changed frequently using laundered replacements Mops must be air dried between uses.

            (d) (3)  Toilets, bathtubs, lavatories, and showers may not A designated janitor sink must be used for washing and rinsing of mops, brooms, brushes, or any other cleaning devices.

            (e)  The transporting, handling and storage of clean bedding must be done in such a manner as to preclude contamination by soiled bedding or from other sources.

            (f)  Cleaners used in cleaning bathtubs, showers, lavatories, urinals, toilet bowls, toilet seats, and floors must contain fungicides or germicides.

            (g)  Deodorizers and odor-masking agents may not be used unless the room in which used is clean to sight and touch.

            (h) (4)  Cleaning devices must be kept separate and used only as follows: Toilet bowl brushes, mops, sponges, must be only for cleaning toilet bowl and urinals.  Cleaning devices used for lavatories, showers and bathtubs may not be used for any other purpose. Bathtub, shower, toilet, and urinal cleaning devices must be kept separate and may not be used for any other purpose.

            (i)  Dry dust mops and dry dust cloths for cleaning purposes are prohibited.  Dusting and cleaning shall be accomplished using treated mops, wet mops, treated cloths, and moist cloths or other means approved by the department or health authority which will not serve to spread soil from one place to another.

            (j)  Establishments must be kept free of harborage for insects, rodents and other vermin.

            (k)  All bedding, towels, and wash cloths provided by management must be clean and in good repair.  At least weekly, clean bed linens must be made available to each guest.  At least daily, clean wash cloths and towels must be made available to each guest.  Soiled linens, soiled wash cloths, or soiled towels are not to be left in units for subsequent guests.

            (l) remains the same, but is renumbered (5)

            (6)  Management must provide written instructions to guests when guests are responsible for cleaning, dishwashing, or laundry tasks.

            (7)  Management must provide for maintenance as needed.

            (m) (8)  Cleaning compounds and pesticides must be stored, used, and disposed of in accordance with the label requirements and manufacturer's instructions.

            (9)  Ozone air purifiers may not be used within the establishment.

            (n) (10) Glasses, pitchers, ice buckets, and other utensils used for food or drink provided in units for use by guests may not be washed or sanitized in any lavatory or janitor sink.  Approved facilities for washing, rinsing, and sanitizing glasses, pitchers, ice buckets, and other utensils must be provided.  In absence of approved washing facilities, single service utensils must be used. Glasses, pitchers, ice buckets, and other utensils used for food or drink provided for guests must be washed, rinsed, and sanitized in approved facilities as specified in ARM 37.110.215(14) or single-service items must be used.

            (o) (11)  All utensils used for food or drink provided in units for use by guests must be stored, handled, and dispensed in a manner which precludes prevents contamination of the utensil prior to use by a guest.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

            37.111.124  FOOD SERVICE REQUIREMENTS  (1) remains the same.

            (a)  If the food service is available only to residents overnight registered guests of the establishment, licensure as a food service establishment is not required.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

            37.111.130  GUEST REGISTRATION  (1)  In eEach establishment, must maintain a register of all guests, including name and home address of the guest and unit to which the guest was assigned, must be maintained.

            (2)  Guest registration must be kept available for at least 90 days for communicable disease investigations or other public health reasons.

 

 

AUTH:  50-1-202, 50-51-103, MCA

IMP:     50-1-202, 50-2-118, 50-51-103, MCA

 

5.  The department proposes to repeal the following rules:

 

            37.111.104  PRECONSTRUCTION REVIEW, is found on page 37-27637 of the Administrative Rules of Montana.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

            37.111.105  EXISTING BUILDING:  CHANGE OF USE, is found on page 37-27638 of the Administrative Rules of Montana.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

            37.111.115  WATER SUPPLY SYSTEM, is found on page 37-27653 of the Administrative Rules of Montana.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

37.111.123  POOLS, SPAS, AND OTHER FEATURES, is found on page 37-27663 of the Administrative Rules of Montana.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

37.111.135  MINIMUM PERFORMANCE REQUIREMENTS FOR LOCAL HEALTH AUTHORITIES, is found on page 37-27679 of the Administrative Rules of Montana.

 

AUTH:  50-51-103, MCA

IMP:     50-51-103, MCA

 

            6.  STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services, Communicable Disease Control & Prevention Bureau, Food and Consumer Safety Section (FCS) is proposing rule changes to ARM Title 37, chapter 111, subchapter 1 related to public sleeping accommodations, specifically hotels, motels, tourist homes, retirement homes, rooming houses, and boarding houses.  These rules govern the plan review, licensing, physical requirements, water supply, sewage system, solid waste, laundry facilities, housekeeping and maintenance, pools, food service, guest registration, and minimum performance requirements for local health authorities.

 

Major changes are proposed to ARM 37.111.115, the water supply rule, to allow for nonpublic water supply system requirements that are consistent with current federal and state public water supply standards, while taking into consideration residential style construction and maintenance for smaller systems.  The existing outdated rule is confusing to businesses and regulatory authorities, leading to inconsistent licensing and application of the rule throughout Montana.

 

The existing wastewater standards are in conflict with current local and state regulation.  If wastewater standards are not updated, health authorities will continue to ignore existing standards as they are written, and to follow current local and state regulation.  Proposed wastewater system requirements are updated to reflect current state and local regulations, rather than citing public sewer requirements for all, regardless of size or type.  Language in all rules is updated to provide modern terminology of the industry, and clarification for both business operators and inspecting health authorities.

 

A water work group formed in 2006 representing the Department of Public Health and Human Services, Department of Environmental Quality, and local health authorities (registered sanitarians) to develop potable water standards for nonpublic small establishments.  The water supply standards and other rules for public accommodations were reviewed by the FCS Study Group in 2010, other subject matter experts and local health jurisdictions at various times from 2006 to 2011.  Feedback from these groups was incorporated into these proposed rule amendments.

 

New Rule I

 

Information previously found in ARM 37.111.104 and 37.111.105 has been moved to New Rule I.  The department is proposing to change the title from "Preconstruction Review" to "Review of Plans and Specifications" to include all situations requiring plan review, such as change of use, ownership change, and remodeling.  This rule is necessary to clarify and update rules pertaining to the review of plans by the local health authority and the department.

 

New Rule II

 

The health standards previously found in ARM 37.111.115 have been moved to New Rule II, III, IV, V, and VI.  The department is proposing to adopt New Rule II and to rename the "Water Supply Requirements" to "Water Supply System General Requirements" and add other rule titles so that businesses and regulators can quickly find applicable rules.  This rule is necessary to clarify and update rules pertaining to the public and nonpublic water supply system requirements for establishments.

 

New Rule III

 

The department is proposing to adopt New Rule III which is necessary to describe the sampling requirements for small water systems so that the business operator knows what is required.

 

New Rule IV

 

The department is proposing to adopt New Rule IV regarding contaminated water samples for nonpublic water systems so the establishments can quickly find the information needed.  This rule is necessary to state the requirements for nonpublic water system providers dealing with the detection of contaminated water samples.

 

New Rule V

 

The department is proposing to adopt New Rule V which describes water supply corrective actions so that both public and nonpublic systems will have specific guidance and know what is expected of them if a problem occurs.

 

New Rule VI

 

The department is proposing to adopt New Rule VI which allows operations to remain open during a boil order or other event with appropriate restrictions and safety measures in place.  This rule applies to public and nonpublic water supplies since DEQ boil orders do not provide specific protocol for licensed establishment operations.  Food and water safety processes are addressed in this rule, based on current policy and protocol.

 

New Rule VII

 

The department is proposing to move ice standards to New Rule VII, rather than leaving it with other water supply system requirements because ice is a food product made from the water supply.

 

ARM 37.111.101

 

The department is proposing to amend the definitions as follows:

 

(1)  add "duvets" to the definition of "bedding", since they have become more prevalent in sleeping accommodations;

 

(4)  change a phrase in the definition of "establishment" from "hotel, motel, tourist home, rooming house, or retirement home" to "public sleeping accommodation."  Accommodation advertising and the types of public accommodations change over time, so, "establishment" is better defined as a "public sleeping accommodation," rather than a list of present types.  Today, "tourist homes" are commonly called "vacation homes" and "rooming houses" are commonly called "hostels."  Statute and administrative rule differentiates requirements for "bed and breakfasts," "guest ranch," and "outfitting and guide facilities," so these terms needed exclusion from the "establishment" definition.

 

(5)  remove gender from the definition of "fire authority;"

 

(6)  change "lavatory" to "handwashing sink" to update language;

 

(8)  change the term "furnishings" to be more inclusive of the items provided to guests in guest rooms and to correct a typographical error;

 

(9)  change the "guest" definition to take into consideration use of a room that is not just sleeping on the bed, such as shower use;

 

(10)  replace the term "instrument" with "document" when describing a license to use common vernacular;

 

(11)  update the "local health authority" definition to match appropriate responsibilities of sanitarian-in-training and authorization from local health officer.  Existing language only allows sanitarians to act as the local health authority and the state department to authorize a person to act on behalf of the local health authority.

 

(13)  add the new definition of "shock disinfection" because the term is used in water supply corrective actions;

 

(14)  clarify the definition of "sleeping accommodation" to help distinguish an establishment requiring licensing from a rented residential property; and

 

(15)  add the definition of "wastewater system" to clarify when this term is used in the proposed rules.  The term refers to both treatment and disposal components.

 

ARM 37.111.106

 

The department is proposing to state that a license is required in order for a business to be open.  As the rule is currently written, this licensing requirement is implied but not directly stated.  The department is proposing to move the prelicensing inspection requirement to ARM 37.111.106(3).  This rule is necessary to update and clarify requirements related to the licensure, licensure renewal, and inspections of establishments.

 

ARM 37.111.107

 

The department is proposing to eliminate unnecessary language and to clarify the physical requirements for establishments.

 

ARM 37.111.116

 

The department is proposing to change the title of this rule to reflect current terminology.  The department is proposing to update wastewater system requirements with current state and local standards, inclusive of laws, rules, and local ordinances.

 

ARM 37.111.117

 

The department is proposing to update solid waste requirements to allow large container storage on the ground surface as long as it is sanitary, and to prohibit unnecessary air pollution created by the burning of garbage.

 

ARM 37.111.121

 

The department is proposing to reword this entire rule which is necessary to clarify and update the requirements for laundry facilities.

 

ARM 37.111.122

 

The department is proposing to update the rule title of "Housekeeping and Maintenance" to "Guest Room Cleaning and Maintenance" to be more specific about the rule content.  The department is proposing to simplify the language of this rule for clarity.

 

ARM 37.111.124

 

The department is proposing to change "residents" to "overnight registered guests" to be consistent with the definitions in this rule and to be congruent with new legislation passed in 2011 in house bill (HB) 258, which changed the definition of a guest ranch.

 

ARM 37.111.130

 

The department is proposing to add a minimum for guest registration record retention of 90 days so that state and local health authorities are better able to complete Hepatitis A investigations.  The statutes granting authority and implementing this change have been added to the rule's history section.

 

ARM 37.111.104

 

The department is proposing to repeal ARM 37.111.104 "Preconstruction Review" so that the content may be covered in the New Rule I "Review of Plans and Specifications" and ARM 37.111.106 "Licensure, Renewal, and Inspection."

 

ARM 37.111.105

 

The department is proposing to repeal this rule and move the content to New Rule I: "Review of Plans and Specifications" and ARM 37.111.106 "Licensure, Renewal, and Inspection."

 

ARM 37.111.115

 

The department is proposing to repeal outdated public water supply standards.  General requirements, corrective actions, nonpublic water supply sampling and test reports, nonpublic water supply contaminated samples, and restricted-use order are proposed in separate rules for easy identification and acknowledgement of different appropriate standards for public and nonpublic water supplies.

 

ARM 37.111.123

 

The department is proposing to repeal the swimming and bathing area rule because the licensing of pools, spas, and other water features is covered in separate rule, ARM 37.115.102 through 2211.

 

ARM 37.111.135

 

The department is proposing to repeal "Minimum Performance Requirements for Local Health Authorities" because the standards in (1)(a) and (b) are covered in ARM 37.111.106 Licensure, Renewal and Inspection, (2) is redundant of (1), and conditions for payment to counties are already covered in 51-51-303, MCA.

 

            7.  Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to: Kenneth Mordan, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; fax (406) 444-9744; or e-mail dphhslegal@mt.gov, and must be received no later than 5:00 p.m., March 22, 2012.

 

8.  The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.

 

9.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in 7 above or may be made by completing a request form at any rules hearing held by the department.

 

10.  An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

11.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

 

 

/s/ Shannon L. McDonald                          /s/ Hank Hudson for                                   

Rule Reviewer                                             Anna Whiting Sorrell, Director

                                                                      Public Health and Human Services

           

Certified to the Secretary of State February 13, 2012.

 

 

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