(1) The licensee of the pool, spa, or other water feature shall ensure adequate numbers of personnel are trained and knowledgeable in water testing, operating the water treatment equipment, and that sufficient numbers of trained personnel are available whenever the facility is open for use.

(2) Except for a licensee operating a spa at a tourist home which is drained and cleaned between each use, the licensee of any public pool, spa, or other water feature shall employ a Certified Pool Operator (CPO), a certified Aquatic Facility Operator (AFO), or a person who has equivalent current certification approved by the department.

(3) The certified pool operator for the facility shall be at the facility whenever it is open shall be or available to respond to the pool, spa, or other water feature within 30 minutes of being telephoned. If during an inspection the department telephones the certified pool operator and there is no response within 30 minutes, the inspector will note that. If during the next inspection at the same facility the certified pool operator fails to respond to a telephone call within 30 minutes, the department may require that within 30 days the licensee employ a different certified pool operator..

(4) If a pool, spa, or other water feature has been closed during an inspection for any violation of the critical items listed in ARM 37.115.301 or 37.115.302 and is then reclosed on the next inspection visit for any violation of the critical items listed in ARM 37.115.301 and ARM 37.115.302 and the violation is something that cannot be corrected during the inspection visit, the department may require the licensee to take corrective action that may include, but is not limited to, employing a fulltime certified pool operator or requiring remedial training for the licensee's certified pool operator.

(5) Certified operators must complete any continuing education or training required by the entity that certified them.

(6) Current licensees of pools, spas, or other water features must meet the requirements of this rule no later than December 31, 2011.

(7) New pools, spas, or other water features opened after March 1, 2010 must meet this requirement in order to operate.