BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.111.230 pertaining to trailer courts and tourist campgrounds

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NOTICE OF AMENDMENT

 

TO:  All Concerned Persons

 

1.  On May 28, 2009 the Department of Public Health and Human Services published MAR Notice No. 37-474 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 859 of the 2009 Montana Administrative Register, Issue Number 10.

 

2.  The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined.

 

            37.111.230  SERVICE BUILDINGS AND OTHER SERVICE FACILITIES FOR GENERAL SERVICES CAMPGROUNDS  (1)  A central service building must be provided for each general services campground that has spaces designated for use by dependent recreational vehicles or tents.  The central service building must be approved by the building authority and must contain toilets and other plumbing fixtures, as follows:

            (a) and (b) remain as proposed.

            (c)  The service building must be conveniently located within a radius of 300 feet from all spaces designated for use by dependent recreational vehicle or tents sites to be served.

            (d) through (2)(c)(ii) remain as proposed.

 

AUTH:  50-52-102, MCA

IMP:  50-52-102, MCA

 

3.  The department has thoroughly considered the comments and testimony received.  A summary of the comments received and the department's responses are as follows:

 

COMMENT #1:  A number of commentors assert that the entire rule for trailer courts and campgrounds, ARM 37.111, subchapter 2 needs revision, not just rule ARM 37.111.230 pertaining to Service Buildings and Other Service Facilities for General Services Campgrounds.

 

RESPONSE #1:  The department agrees that a revision of ARM 37.111, subchapter 2 is necessary.  The revision will require thoughtful deliberation taking into consideration all stakeholders and a coordinated effort between state agencies, local health jurisdictions, business owners, and the general public.  The department intends to pursue a full revision as soon as possible.

 

COMMENT #2:  A commentor recommends that the rule address cabins without water and sewer facilities in the same manner as dependent recreational vehicles and tents, providing a bathroom service building within a reasonable distance.

 

RESPONSE #2:  Adding a requirement for service buildings to be provided for cabins without water and sewer is a significant change to what is currently proposed and would require publishing a new rule, legal review, Secretary of State review, public hearing, and public comment period to be completed again.  To the department's knowledge, there are no cabins without water and sewer placed more than 300 feet from a bathroom service building.  Because this concern is not known to be a current public health concern, the department will address this issue when a full revision to subchapter 2 is proposed.  In regard to a full revision to subchapter 2, the department refers the commentor to its response to comment #1.

 

COMMENT #3:  A commentor suggests shortening the language in ARM 37.111.230(1) by replacing "toilets and other plumbing fixtures" with "public fixtures" to make it more concise.

 

RESPONSE #3:  The department considers the benefit of leaving the language to read "toilets and other plumbing fixtures" as potential healthful clarification.

 

COMMENT #4:  A number of commentors agree with the proposed change to no longer require a bathroom service building to be within 300 feet of independent recreational vehicles, but asserts that campgrounds should have at least one bathroom service building available, especially if tents and dependent recreational vehicles could potentially use the independent recreational vehicle sites.

 

RESPONSE #4:  The department agrees that general service campgrounds should be constructed with at least one bathroom service building, as provided in the current ARM 37.111.230.  The department recognized that the use of independent recreational vehicle sites from dependent recreational vehicles is not practical.  Additionally, campers with independent recreational vehicles may utilize a bathroom service building.  The department made its correction to the proposed amendment to clarify the intent in ARM 37.111.230.

 

COMMENT #5:  A number of commentors oppose requiring a bathroom service building in small campgrounds due to the construction cost.

 

RESPONSE #5:  After discussion with both commentors, the department discovered that the commentors are not owners of general service campgrounds, and the proposed rule change will not effect them.  Because general service campgrounds have been and are currently required to construct service buildings according to ARM 37.111.230, the proposed rule change will not add construction costs to existing campgrounds.

 

/s/ Shannon McDonald                                 /s/ Anna Whiting Sorrell                               

Rule Reviewer                                               Anna Whiting Sorrell, Director

                                                                        Public Health and Human Services

           

Certified to the Secretary of State August 3, 2009