37.115.106    INCORPORATION BY REFERENCE

(1) The department, except as otherwise provided, adopts and incorporates by reference the following chapters of the International Swimming Pool and Spa Code (ISPSC), 2021, which sets forth design, construction, alteration, repair, and maintenance standards for public swimming pools. This publication may be obtained by contacting the International Code Council, 3060 Saturn Street, Suite 100, Brea, California 92821. The following chapters of this publication are being adopted with modifications as described:

(a) Chapter 1: Scope and Administration. This chapter has been deleted in its entirety.

(b) Chapter 2: Definitions. This chapter is adopted with the following modifications:

(i) the following definitions are excluded from chapter 2:

(A) Code Official;

(B) Pool;

(C) Residential; and

(D) Residential Swimming Pool.

(ii) The following definitions are modified in chapter 2:

(A) Public Swimming Pool – is modified to include 50-53-102(7)(a), MCA, for the purposes of department licensing and other administrative functions.

(B) Spa – is modified to include 50-53-102(8), MCA, for the purposes of department licensing and other administrative functions.

(c) Chapter 3: General Compliance. This chapter has been adopted with the following modification:

(i) Sub-Section 305.1 – is modified to read as follows, "The provisions of this section shall apply to the design of barriers for restricting entry into areas having pools and spas."

(d) Chapter 4: Public Swimming Pools. This chapter has been adopted with no changes.

(e) Chapter 5: Public Spas and Public Exercise Spas. This chapter has been modified with these changes:

(i) Section 509.2 is deleted in its entirety.

(f) Chapter 6: Aquatic Recreation Facilities. This chapter has been modified with the following changes:

(i) Section 611 is deleted in its entirety.

(g) Chapter 7: Onground Storable Residential Swimming Pools. This chapter has been deleted in its entirety.

(h) Chapter 8: Permanent Inground Residential Swimming Pools. This chapter has been deleted in its entirety.

(i) Chapter 9: Permanent Residential Spas and Permanent Residential Exercise Spas. This chapter has been deleted in its entirety.

(j) Chapter 10: Portable Residential Spas and Portable Residential Exercise Spas. This chapter has been deleted in its entirety.

(2) The department adopts and incorporates by reference the American National Standard for Suction Entrapment Avoidance in Swimming Pools, Wading Pools, Spas, Hot Tubs, and Catch Basins (ANSI/PHTA/ICC 7 – 2020), which sets forth design and performance criteria for circulation systems including components, devices, and related technology installed to protect against entrapment hazards in public swimming pools. This publication may be obtained by contacting The Association of Pool and Spa Professionals, 2111 Eisenhower Ave., Alexandria, VA 22314.

(3) The department adopts and incorporates by reference the provisions in Circular FCS 3-2022. Circular FCS 3-2022 may be obtained by calling 406-444-2837 to request a copy; or email [email protected], or request one by mail by writing to DPHHS – FCS, P.O. Box 202951, Helena, MT 59620-2951, or by visiting the department's web site at: https://dphhs.mt.gov/publichealth/FCSS/SwimmingPools.

 

History: 50-53-103, MCA; IMP, 50-53-103, MCA; NEW, 2018 MAR p. 2216, Eff. 1/1/19; AMD, 2020 MAR p. 913, Eff. 5/16/20; AMD, 2023 MAR p. 179, Eff. 2/25/23.