Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.111 - PUBLIC ACCOMMODATIONS › Subchapter 37.111.12 - Reserved › Rule 37.111.1204 - PLAN APPROVAL

Current through Register Vol. 13, July 5, 2024
(1) The department
				is the regulatory authority for plan review, unless the local regulatory
				authority has been approved by the department, in writing, to review plans.
				Plans may be reviewed jointly by the county and the department.
(2) The owner, or their designee, must submit
				plans and specifications for any new or altered establishment to the regulatory
				authority for examination and approval before beginning construction or
				alteration. Facilities proposed in the plans and specifications must meet the
				requirements of this subchapter.
(3) Plans and specifications must include a
				scaled site plan showing the location of all improvements and must show how all
				applicable rules will be met, including those regarding water supply,
				wastewater disposal, and solid waste disposal. If the proposal requires
				Department of Environmental Quality Sanitation in Subdivision review, public
				water review or public wastewater review, documentation from the Department of
				Environmental Quality approving the subdivision or public facilities must be
				submitted as part of a complete plan review application. Specifications and
				floor plans for any permanent structures, such as service buildings, must be
				submitted.
(4) No change in plans
				or specifications involving any provision of this subchapter may be made unless
				the change is approved in writing by the regulatory authority.
(5) The plans and specifications must be
				submitted in a manner approved by the department.
(6) Plans and specifications submitted under
				this rule are reviewed under authority provided by Title 50, chapter 52, MCA,
				and this subchapter. Regulatory authority approval of plans and specifications
				under this subchapter does not constitute approval for compliance with
				planning, building codes, fire codes, or other state, federal, or local
				requirements (including compliance with the Americans with Disabilities Act,
				Public
				Law 101-336 ).
(7) Within 60 days after the receipt of a
				complete plan submittal, the regulatory authority will make any deficiencies
				known to the applicant.
(8) Access,
				density of sites, and site spacing must conform to local planning and/or
				subdivision requirements. Mobile homes must be located with at least 20 feet of
				side-to-side separation.
(9)
				Approval to construct will be limited to two years, after which, if a license
				has not been issued, plans and specifications must again be submitted for
				re-evaluation under rules in effect at the time of resubmittal.
(10) Non-licensure for two or more years
				requires a new submittal of plans and specifications for review and approval by
				the local regulatory authority and the department before the establishment is
				relicensed. The establishment must comply with the requirements of current rule
				at the time of submission.
AUTH:
					 50-52-102,
					 MCA; IMP:
					 50-52-102,
					 MCA