37.111.305    PRELICENSURE REVIEW AND APPROVAL

(1) Bed and breakfast establishments shall submit facility and operating plans to the regulatory authority for review and approval when the following conditions apply:

(a) Before construction commences for a new establishment or for an addition to or an alteration of an existing establishment.

(i) Construction may not commence until all plans required by (1) have been approved by the regulatory authority. Construction must be in accordance with the plans as approved unless permission is granted by the regulatory authority to make changes.

(ii) Approval will be granted for a period not to exceed three years, after which, if construction has not been completed, plans must again be submitted to the regulatory authority for reevaluation.

(b) During the license application process for a bed and breakfast establishment planning to operate in an existing building.

(i) An existing building must receive prior approval from the regulatory authority to be used as a bed and breakfast establishment.

(ii) When a proposal to use an existing building as an establishment involves structural modification, plans meeting the requirements of (2) must be submitted to the regulatory authority for review and approval. If no structural modification is involved, the regulatory authority may waive the requirement for submission of plans if:

(A) an inspection by the regulatory authority indicates that the proposed establishment meets the requirements of this subchapter;

(B) the fire authority approves the building;

(C) the building authority approves the building or waives approval; and

(D) the establishment is in compliance with other state and local requirements.

(2) Facility and operating plans must include the following:

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

(b) specifications for the water supply to serve the establishment;

(c) evidence of the review and approval of the sewage treatment and disposal system by the local health authority or the Montana Department of Environmental Quality;

(d) location and detail of laundry facilities including description of equipment, floor and wall finish material and a flow chart indicating the route of laundry through sorting, washing, drying, ironing, folding and storage;

(e) specifications for a swimming pool, spa, or other water feature to serve the establishment unless the swimming pool, spa, or other water feature has been previously approved by the department;

(f) identification of the process that will be used to dispose of solid waste;

(g) location of utility sink or a plan for mop water disposal;

(h) specifications for the proposed food service, including menu, equipment, facility design, location, materials and other information necessary to assure the implementation of this rule;

(i) location of hand washing sink(s);

(j) evidence of approval by the building authority;

(k) evidence of approval by the fire authority; and

(l) any other applicable information as requested by the regulatory authority.

History: 50-51-103, 50-51-108, MCA; IMP, 50-51-103, MCA; NEW, 2003 MAR p. 1338, Eff. 7/1/03; AMD, 2010 MAR p. 80, Eff. 1/15/10.