Montana Administrative Register Notice 37-871 No. 22   11/16/2018    
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In the matter of the amendment of ARM 37.111.339 pertaining to pools, spas, and other water features










TO: All Concerned Persons


1. On January 1, 2019, the Department of Public Health and Human Services proposes to amend the above-stated rule.


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 the Department of Public Health and Human Services no later than 5:00 p.m. on November 27, 2018, to advise us of the nature of the accommodation that you need. Please contact Gwen Knight, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena MT 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail dphhslegal@mt.gov.


3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:


            37.111.339 POOLS, SPAS, AND OTHER WATER FEATURES (1) Any swimming pool, spa, or other water feature that exists in a bed and breakfast establishment for guest use must be constructed and operated in compliance with Title 50, chapter 53, MCA, and ARM Title 37, chapter 115, subchapters 1 through 22 37.115.102, 37.115.103, and 37.115.106.

            (2) and (3) remain the same.

            (4) Copies of ARM Title 37, chapter 115, subchapters 1 through 22 37.115.102, 37.115.103, and 37.115.106 may be obtained from the Department of Public Health and Human Services, Public Health and Safety Division, Food and Consumer Safety Section, P.O. Box 202951, Helena, MT 59620-2951. 


AUTH: 50-51-103, 50-51-108, MCA

IMP: 50-51-103, MCA




The Department of Public Health and Human Services (department) is proposing to amend ARM 37.111.339. The department recently adopted new rules ARM 37.115.102, 37.115.103, and 37.115.106 in MAR Notice No. 37-850. These new rules contain the most recent health and safety information relating to public swimming pools and removed building code requirements that were interspersed throughout the old rules. The department is proposing amendments to ARM 37.111.339 in order to correctly cite to the new rules.


ARM 37.111.339


The proposed amendments to ARM 37.111.339 will correctly reference the new rules.


Fiscal Impact


The proposed amendment should not have a fiscal impact.


5. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Gwen Knight, Office of Legal Affairs, Department of Public Health and Human Services, P.O. Box 4210, Helena MT 59604-4210, no later than 5:00 p.m. on December 14, 2018. Comments may also be faxed to (406) 444-9744 or e-mailed to dphhslegal@mt.gov.


6. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Gwen Knight at the above address no later than 5:00 p.m., December 14, 2018.


7. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 14 persons based on the department's determination that there are 141 licensed bed and breakfast establishments in Montana.


8. 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 6 above or may be made by completing a request form at any rules hearing held by the department.


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


10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.




/s/ Robert Lishman                                     /s/ Sheila Hogan                                         

Robert Lishman                                          Sheila Hogan, Director

Rule Reviewer                                            Public Health and Human Services


Certified to the Secretary of State November 7, 2018.


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