reglab/housing_qa huggingface dataset:
MT Code § 50-53-102 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 1. General Provisions|50-53-102. Definitions

  50-53-102. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:   (1) "Department" means the department of public health and human services provided for in 2-15-2201.   (2) "Lazy river" means a constructed watercourse through which people travel by use of flotation devices.   (3) "Local board of health" or "board" means a local board as defined in 50-1-101.   (4) "Local health officer" or "officer" means a local health officer as defined in 50-1-101.   (5) "Person" means a person, firm, partnership, corporation, or organization or the state or any political subdivision of the state.   (6) "Public bathing place" means a body of water with bathhouses and related appurtenances operated for the public.   (7) (a) "Public swimming pool" means an artificial pool and related appurtenances for swimming, bathing, wading, or other aquatic therapy or recreation, including but not limited to natural hot water pools, spas, splash decks, water slides, lazy rivers, and wave pools.   (b) The term does not include:   (i) swimming pools located on private property, including the private common area property of owner-occupied condominium developments, used for swimming or bathing only by the owner, members of the owner's family, or their invited guests; or   (ii) medicinal hot water baths for individual use.   (8) "Spa" means an artificial pool that is designed for recreational bathing or therapeutic use and that is not drained, cleaned, or refilled for individual use. A spa includes but is not limited to a therapeutic pool, hydrotherapy pool, whirlpool, hot tub, or Jacuzzi-type whirlpool bath.   (9) "Splash deck" means a constructed area over which water is sprayed but is not allowed to pool.   (10) "Tourist home" means a private home or condominium that is not occupied by an owner or manager and that is rented, leased, or furnished in its entirety to transient guests on a daily or weekly basis.   (11) "Wading pool" means a pool in which the water depth does not exceed 2 feet.   (12) "Wave pool" means a swimming pool designed for the purpose of producing wave action in the water.   History: Ap. p. Sec. 202, Ch. 197, L. 1967; amd. Sec. 24, Ch. 187, L. 1977; Sec. 69-5502, R.C.M. 1947; (1), (2)En. Sec. 2, Ch. 197, L. 1967; amd. Sec. 28, Ch. 349, L. 1974; Sec. 69-4102, R.C.M. 1947; R.C.M. 1947, 69-4102(1), (2), 69-5502; amd. Sec. 2, Ch. 646, L. 1985; amd. Sec. 1, Ch. 708, L. 1991; amd. Sec. 139, Ch. 418, L. 1995; amd. Sec. 318, Ch. 546, L. 1995; amd. Sec. 1, Ch. 93, L. 2003; amd. Sec. 9, Ch. 150, L. 2007; amd. Sec. 1, Ch. 310, L. 2007.
MT Code § 50-53-103 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 1. General Provisions|50-53-103. 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.
MT Code § 50-53-104 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 1. General Provisions|50-53-104. Powers of health officers -- enforcement authority

  50-53-104. Powers of health officers -- enforcement authority. Authorized employees of the department and local boards of health may:   (1) at reasonable times inspect public swimming pools and public bathing places and otherwise conduct investigations to determine if provisions of this chapter and rules of the department have been or are being violated and make reports to the department concerning the inspections;   (2) request an injunction from the district court to enjoin actions in violation of this chapter or rules adopted by the department;   (3) bring actions to abate nuisances maintained in violation of this chapter in the manner provided by law for the summary abatement of other public nuisances;   (4) file complaints with the district court for assessment of the penalties provided for in 50-53-216 or for recovery of costs provided for in 50-53-217, or both.   History: En. Sec. 205, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5505; amd. Sec. 3, Ch. 708, L. 1991.
MT Code § 50-53-105 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 1. General Provisions|50-53-105. Publication of inspection reports

  50-53-105. Publication of inspection reports. The department may publish reports of inspections authorized by 50-53-104(1).   History: En. Sec. 206, Ch. 197, L. 1967; R.C.M. 1947, 69-5506.
MT Code § 50-53-106 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 1. General Provisions|50-53-106. Duties of pool operators

  50-53-106. Duties of pool operators. Each person operating a public swimming pool or public bathing place shall:   (1) operate the pool or public bathing place in a sanitary and safe manner;   (2) keep records of public health and safety information required by the department;   (3) furnish information to the department on forms prescribed by it.   History: En. Sec. 208, Ch. 197, L. 1967; R.C.M. 1947, 69-5508.
MT Code § 50-53-107 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 1. General Provisions|50-53-107. Pool operation to be sanitary, healthful, and safe -- when lifeguard not required

  50-53-107. Pool operation to be sanitary, healthful, and safe -- when lifeguard not required. (1) Public swimming pools and public bathing places, including pool structures, methods of operation, source of water supply, methods of water purification, lifesaving apparatus, safety measures for bathers, and personal cleanliness measures for bathers, must be sanitary, healthful, and safe.   (2) A lifeguard is not required for a privately owned public swimming pool if:   (a) a sign is prominently displayed on the swimming pool premises with the words "No lifeguard is on duty" or words of substantially the same meaning; and   (b) one individual per shift is on the premises, accessible to the pool, and currently certified as competent in cardiopulmonary resuscitation by either the American red cross or the American heart association.   (3) Tourist homes providing spa facilities to their guests shall prominently display a sign on the spa premises with the words "No lifeguard is on duty" or words of substantially the same meaning. Tourist homes providing spa facilities to their guests are exempt from the requirements of subsection (2)(b).   History: En. Sec. 209, Ch. 197, L. 1967; R.C.M. 1947, 69-5509; amd. Sec. 1, Ch. 302, L. 1983; amd. Sec. 1, Ch. 31, L. 1985; amd. Sec. 2, Ch. 93, L. 2003.
MT Code § 50-53-108 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 1. General Provisions|50-53-108. Unauthorized construction or operation a public nuisance

  50-53-108. Unauthorized construction or operation a public nuisance. The construction or operation of a public swimming pool or public bathing place contrary to the provisions of this chapter or rules adopted by the department under the provisions of this chapter is a public nuisance and dangerous to public health and safety.   History: En. Sec. 210, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5510; amd. Sec. 4, Ch. 646, L. 1985.
MT Code § 50-53-109 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 1. General Provisions|50-53-109. Violation of chapter a misdemeanor

  50-53-109. Violation of chapter a misdemeanor. A person who violates this chapter or rules adopted by the department under the provisions of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $25 or more than $500, imprisonment for not more than 6 months, or both. Each day that a violation continues is a separate violation.   History: En. Sec. 211, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5511.
MT Code § 50-53-110 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 1. General Provisions|50-53-110. through 50-53-114 reserved

  50-53-110 through 50-53-114 reserved.
MT Code § 50-53-115 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 1. General Provisions|50-53-115. Special requirements for flow-through hot springs pools

  50-53-115. Special requirements for flow-through hot springs pools. In addition to the other requirements of this chapter and rules promulgated under this chapter, flow-through hot springs pools must meet the following requirements:   (1) The temperature of the pool water must be 106 degrees F or less.   (2) The water must have sufficient clarity at all times so that a black disc, 6 inches in diameter, is readily visible when placed on a white field at the deepest point of the pool.   (3) The pool water must be maintained at a pH of no less than 7.2 and not greater than 9.4.   (4) The pool must provide sufficient water volume exchange to produce an 8-hour turnover of the entire volume of pool water to waste. In addition:   (a) the pool, and all surfaces that flow into the pool, must be drained, cleaned, and sanitized every 72 hours; or   (b) the pool must be disinfected, and a chlorine residual of 1 to 3 parts per million or a bromine residual of 3 to 6 parts per million must be maintained in the pool at all times.   (5) Signs must be prominently posted that specify pool rules and special health hazards associated with swimming or bathing in flow-through hot springs pools. The contents of the signs must be determined by department rule. The department, in developing rules under this section, shall consult with flow-through hot springs pool owners.   History: En. Sec. 1, Ch. 155, L. 1995; amd. Sec. 1, Ch. 422, L. 2007.
MT Code § 50-53-201 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-201. License required -- validation

  50-53-201. License required -- validation. (1) A person may not operate a public swimming pool or public bathing place without annually obtaining a license from the department.   (2) A license is required for each separate public swimming pool or public bathing place. A public swimming pool is separate if:   (a) its water does not commingle with water from any other public swimming pool; or   (b) it is serviced by a separate water filtration system.   (3) A license issued by the department is not valid unless signed in accordance with 50-53-206, if applicable, or in accordance with 50-53-207, in the case of an appeal.   History: En. Sec. 4, Ch. 708, L. 1991; amd. Sec. 218, Ch. 42, L. 1997; amd. Sec. 3, Ch. 93, L. 2003; amd. Sec. 3, Ch. 310, L. 2007.
MT Code § 50-53-202 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-202. Application for and right to license

  50-53-202. Application for and right to license. (1) An application for both an original and renewal license to operate a public swimming pool or public bathing place must be made to the department, must contain the information required by the department, and must be accompanied by the fee provided for in 50-53-203.   (2) A license must be issued to an applicant who has satisfied the requirements for a license provided in part 1, this part, and department rules.   (3) Upon issuing a license, the department shall forward the license to the appropriate local health officer for validation as provided in 50-53-206, if applicable.   History: En. Sec. 5, Ch. 708, L. 1991; amd. Sec. 219, Ch. 42, L. 1997; amd. Sec. 4, Ch. 310, L. 2007.
MT Code § 50-53-203 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-203. License fee and late fee -- disposition

  50-53-203. License fee and late fee -- disposition. (1) (a) Except as provided in subsection (1)(b), each application for an original or renewal license must be accompanied by a license fee of $200.   (b) Each application for an original or renewal license for a spa or wading pool with a total water capacity not exceeding 4,000 gallons must be accompanied by a license fee of $75.   (2) An operator of a public swimming pool or public bathing place who fails to renew a license by the expiration date provided in 50-53-204 and who operates the public swimming pool or public bathing place in the license year for which a renewal fee was not paid shall, upon renewal, pay to the department a late renewal fee of $25 for each calendar month after the renewal due date in addition to the renewal fee required by subsection (1). Payment of the late renewal fee does not relieve the operator of responsibility for any operation without a license.   (3) If the local board of health conducts its own inspections and enforcement activities for the public swimming pools and public bathing places within its jurisdiction:   (a) the department shall deposit 85% of the fees collected under subsection (1) in the state special revenue fund to the credit of the local board inspection fund account created by 50-2-108. Money deposited in the local board inspection fund account is subject to appropriation by the legislature for the purposes of 50-53-218.   (b) the department shall deposit 15% of the fees collected under subsection (1) and all the fees collected under subsection (2) in an account in the state special revenue fund to be appropriated by the legislature to the department for the enforcement of part 1 and this part.   (4) If the local board of health has delegated its inspection and enforcement activities for public swimming pools and public bathing places to the department, the department shall deposit all of the fees collected under subsections (1) and (2) in an account in the state special revenue fund to be appropriated by the legislature to the department for the enforcement of part 1 and this part.   History: En. Sec. 6, Ch. 708, L. 1991; amd. Sec. 1, Ch. 277, L. 1993; amd. Sec. 220, Ch. 42, L. 1997; amd. Sec. 5, Ch. 310, L. 2007.
MT Code § 50-53-204 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-204. License expiration -- nontransferability

  50-53-204. License expiration -- nontransferability. (1) A license issued under part 1 and this part expires on December 31 of the year of issuance unless it is suspended or canceled by the department before that date.   (2) A license issued under part 1 and this part is not transferable.   History: En. Sec. 9, Ch. 708, L. 1991; amd. Sec. 221, Ch. 42, L. 1997.
MT Code § 50-53-205 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-205. reserved

  50-53-205 reserved.
MT Code § 50-53-206 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-206. Validation of license required

  50-53-206. Validation of license required. (1) (a) If the local board of health conducts its own inspections and enforcement activities for the public swimming pools and public bathing places within its jurisdiction, a license issued by the department under part 1 and this part is not valid until it is signed by the local health officer of the jurisdiction in which the public swimming pool or public bathing place is located.   (b) The local health officer shall, within 15 days of receipt of the license, validate or refuse to validate the license. Failure of the officer to validate a license is a refusal for the purposes of 50-53-207.   (2) Validation is not required if the local board of health has delegated its inspection and enforcement activities for public swimming pools and public bathing places to the department.   History: En. Sec. 7, Ch. 708, L. 1991; amd. Sec. 222, Ch. 42, L. 1997; amd. Sec. 6, Ch. 310, L. 2007.
MT Code § 50-53-207 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-207. Refusal of health officer to validate -- appeal to board

  50-53-207. Refusal of health officer to validate -- appeal to board. (1) A local health officer may refuse to validate a license issued by the department under part 1 and this part only if the officer determines that the license applicant has not met the requirements for the issuance of a license under part 1, this part, and department rules. If the local health officer refuses to validate a license, the officer shall notify the license applicant and the department of the refusal within 5 days of the officer's decision. The notice must state the grounds for the refusal.   (2) The license applicant may appeal the decision of the local health officer to the local board of health by filing a written notice of appeal with the officer and the board within 30 days of the officer's refusal or within 30 days of the expiration of the period for the officer's decision under 50-53-206, whichever is first.   (3) Upon filing the notice of appeal, the license applicant is entitled to a hearing before the board to determine the applicant's eligibility for a license under part 1, this part, and department rules. The hearing must be held pursuant to the contested case procedure of the Montana Administrative Procedure Act. If the board finds that the applicant is entitled to a validated license, the presiding officer of the board shall validate the license by signing the license.   History: En. Sec. 8, Ch. 708, L. 1991; amd. Sec. 223, Ch. 42, L. 1997.
MT Code § 50-53-208 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-208. reserved

  50-53-208 reserved.
MT Code § 50-53-209 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-209. Cooperative agreements -- inspections

  50-53-209. Cooperative agreements -- inspections. (1) The department may enter into cooperative agreements with local boards of health to authorize those boards to act as agents of the department and to conduct inspections of and enforce applicable statutes and department rules relating to public swimming pools and public bathing places within the jurisdictions of the respective boards.   (2) The department or a local board of health, pursuant to a cooperative agreement, shall annually conduct:   (a) at least one full facility inspection and one critical point inspection of each public swimming pool or public bathing place operated throughout the year; and   (b) at least one full facility inspection of each seasonal public swimming pool or public bathing place.   (3) The department shall enter into cooperative agreements with the department of fish, wildlife, and parks and other state agencies that operate public swimming pools or public bathing places to address the enforcement of this chapter and rules adopted under this chapter.   History: En. Sec. 10, Ch. 708, L. 1991; amd. Sec. 4, Ch. 93, L. 2003.
MT Code § 50-53-210 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-210. reserved

  50-53-210 reserved.
MT Code § 50-53-211 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-211. Denial, suspension, or cancellation of license -- multiple pool facility

  50-53-211. Denial, suspension, or cancellation of license -- multiple pool facility. (1) The department may deny, suspend, or cancel a license if it finds that the license applicant or licensee has violated part 1, this part, or department rules and has failed or refused to remedy or correct the violation in accordance with the procedure provided in 50-53-213.   (2) If the license of an operator who operates more than one public swimming pool under one license is denied, suspended, or canceled, the use of all of the public swimming pools on the premises must cease unless the department determines that the violation for which the license was denied, suspended, or canceled does not affect the operation or the use of all of the public swimming pools on the premises.   History: En. Sec. 11, Ch. 708, L. 1991; amd. Sec. 224, Ch. 42, L. 1997.