(1) An adequate and potable supply of water must be provided.

(2) Before a license may be issued, an establishment using an individual, shared or multiple user water supply must submit the following to the regulatory authority:

(a) satisfactory coliform bacteria and nitrate test results. Nitrate results in excess of 10 mg/L are considered unsatisfactory; and

(b) the results of an on site sanitary survey of the water supply system to detect sanitary deficiencies.

(3) A supplier of an individual, shared or multiple user water supply shall conduct a coliform bacteria test of the system at least twice a year with one sample collected between April 1 through June 30 and the second sample collected between August 1 through October 31 and shall conduct a nitrate test of the system at least once every three years. A supplier shall keep sampling result records for three years at the premises of the bed and breakfast establishment for review by the regulatory authority.

(4) A supplier of a public water supply shall undertake sample analyses for its system according to ARM Title 17, chapter 38, subchapter 2.

(5) Nonpotable water sources must be marked "not for human consumption".

(6) Plumbing must be installed and maintained in a manner to prevent cross connections between the potable water supply and any nonpotable or questionable water supply or any source of pollution through which the potable water supply might become contaminated. The potable water system must be installed to preclude the possibility of backflow. A hose may not be attached to a faucet unless a backflow prevention device is installed.

(7) Handsinks and bathing facilities must be provided with water at a temperature of at least 100°F (37.8°C) and not more than 120°F (49°C) .

(8) A water supply system is determined to have failed and requires treatment, replacement, repair or disinfection, when the water supply becomes unsafe (when it exceeds the maximum contaminant levels specified in ARM Title 17, chapter 38, subchapter 2) or inadequate (when it is found to be less than 20 psi measured at the extremity of the distribution line during instantaneous peak usage) .

(9) Extension, alteration, repair or replacement of a water supply system or development of a new water supply system must be in accordance with all applicable state and local laws.

(10) Bottled and packaged potable water must be obtained from a licensed and approved source and shall be handled and stored in a way that protects it from contamination. Bottled and packaged potable water for consumer self-service must be dispensed from the original container.

(11) The department hereby adopts and incorporates by reference the provisions of ARM Title 17, chapter 38, subchapter 2, stating maximum allowable contaminant levels, sampling and other requirements for public water supplies. Copies of the above mentioned rules may be obtained from the Department of Public Health and Human Services, Food and Consumer Safety Section, P.O. Box 202951, Helena, MT 59620-2951 or the Department of Environmental Quality, Permitting and Compliance Division, P.O. Box 200901, Helena, MT 59620-0901.