50-53-206. Validation of license required. (1) (a) If the local board of health conducts its own inspections and enforcement activities for the public swimming pools and public bathing places within its jurisdiction, a license issued by the department under part 1 and this part is not valid until it is signed by the local health officer of the jurisdiction in which the public swimming pool or public bathing place is located.

Terms Used In Montana Code 50-53-206

  • board: means a local board as defined in 50-1-101. See Montana Code 50-53-102
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-53-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • officer: means a local health officer as defined in 50-1-101. See Montana Code 50-53-102
  • Public bathing place: means a body of water with bathhouses and related appurtenances operated for the public. See Montana Code 50-53-102
  • Public swimming pool: means an artificial pool and related appurtenances for swimming, bathing, wading, or other aquatic therapy or recreation, including but not limited to natural hot water pools, spas, splash decks, water slides, lazy rivers, and wave pools. See Montana Code 50-53-102

(b)The local health officer shall, within 15 days of receipt of the license, validate or refuse to validate the license. Failure of the officer to validate a license is a refusal for the purposes of 50-53-207.

(2)Validation is not required if the local board of health has delegated its inspection and enforcement activities for public swimming pools and public bathing places to the department.