(1) Complete plans and specifications for work or installation must be submitted to the Montana Department of Public Health and Human Services for review and approval before any construction begins or before any change is made to the existing facility whenever the owner or operator of a public pool, spa, or other water feature intends to:

(a) construct, reconstruct, alter, convert, or repair any aspect of the swimming pool, spa, other water feature, or any related facility and the work will be more extensive than what occurs in routine maintenance; or

(b) install equipment or replace existing equipment with components that are not identical or substantially similar or are new to the design at the location of the pool, spa, or other water features.

(2) All plans and specifications for new facilities and all plans and specifications pertaining to any planned changes or additions to existing facilities shall be submitted as attachments to a plan review checklist form. The forms are available from the department by contacting the Department of Public Health and Human Services, Public Health and Safety Division, Food and Consumer Safety Section, 1400 Broadway, P.O. Box Helena 202951, MT 59620-2951 or at www.fcss.mt.gov.

(3) The plan review checklist form, plans and specifications, and the applicable plan review fee, shall be submitted to the Department of Public Health and Human Services, Public Health and Safety Division, Food and Consumer Safety Section, 1400 Broadway, P.O. Box 202951, Helena, MT 59620-2951, or to the local health department agency at least:

(a) 90 days prior to the anticipated date that the construction or reconstruction, alteration, or conversion of an existing public swimming pool, spa, or other water feature, or related facility is set to begin; or

(b) 30 days prior to the anticipated installation date of new or replacement equipment which is new to the facility design and has not been previously approved.

(4) Whenever a piece of equipment is replaced with equipment that is identical or substantially similar, the licensee must notify the department, in writing, within 30 days.