(1) Any licensed pool, spa, or other water feature that is regularly operating on or before March 1, 2010 is entitled to a grandfather clause exemption from any requirement to upgrade to new design and construction standards set in ARM Title 37, chapter 115, subchapters 1 through 22, except as otherwise specifically provided in ARM Title 37, chapter 115, subchapters 1 through 22, until one or more of the following occurs:

(a) the pool, spa, or other water feature undergoes reconstruction, remodeling, or renovation;

(b) the pool, spa, or other water feature fails for any reason to be operating and open to the public at least 60 days in the calendar year of the license;

(c) the license is allowed to lapse or is not timely renewed after notice of renewal has been sent to the licensee;

(d) the license has been suspended for 90 days or longer as a penalty for violation of a provision of Title 50, chapter 53, MCA or these rules and the order of suspension is final; or

(e) the license has been cancelled and the order of cancellation is final.

(2) Where some aspect of a currently licensed pool, spa, or other water feature, such as the physical plant or circulation system, is reconstructed, remodeled, or renovated, it loses its grandfather protection with regard to the area or aspect of the pool, spa, or other water feature being modified.