(1) The department, a local health board and their respective designees may conduct inspections of:

(a) enclosed public places to determine if any violation of the Montana Clean Indoor Air Act, Title 50, chapter 40, parts 1 and 2, MCA has occurred; and

(b) public school property to determine compliance with 20-1-220, MCA, relating to tobacco use on public school property.

(2) For every inspection conducted, a written inspection report must be made and retained by the agency conducting the inspection.

(3) Any violation of the Montana Clean Indoor Air Act or of 20-1-220, MCA must be reported to the local health board or its designee and the county attorney of the county in which the violation occurred.