Mont. Admin. r. 37.111.302

Current through Register Vol. 23, December 6, 2024

Rule 37.111.302 - DEFINITIONS

In addition to those definitions contained in 50-51-102, MCA, the following definitions apply to this subchapter:

(1) "Bed and breakfast establishment" as defined in 50-51-102(1), MCA, means a private, owner or manager occupied residence that is used as a private residence but in which:

(a) breakfast is served and is included in the charge for a guest room; and

(b) the number of daily guests served does not exceed 18.

(2) "Bedding" means mattress covers, mattress pads, sheets, pillow protectors and cases, blankets, comforters, quilts and bedspreads.

(3) "Building authority" means the building codes bureau of the Montana department of labor and industry or a local government building inspector enforcing a local building code enforcement program certified by the Montana department of labor and industry.

(4) "Department" means the Montana department of public health and human services.

(5) "Dishwashing" means the cleaning and sanitizing of food contact surfaces of equipment, kitchenware, tableware and utensils.

(6) "Fire authority" means the state fire marshal or his or her authorized agent.

(7) "Fixtures" means a shower, bathtub, toilet, urinal, lavatory, all types of sinks and all exposed plumbing integral to them.

(8) "Food equipment" means items, other than utensils, that are used in the food service operation of the bed and breakfast establishment such as freezers, grinders, ventilation hoods, ice makers, meat blocks, mixers, ovens, refrigerators, sinks, slicers, stoves, tables, dishwashing machines, counters or water heaters.

(9) "Furnishings" means those items contained in guest rooms and guest bathrooms such as draperies, curtains, blinds, lamps and lamp shades, chairs, tables, desks, shelves, books, magazines, bookcases, dressers, bedsteads, mattresses, box springs, towels, washcloths, soap, toilet tissue, radios, television sets, coffee makers, pictures, waste containers and mirrors.

(10) "Guest" means each registered occupant of any unit of a bed and breakfast establishment.

(11) "Individual wastewater system", in accordance with ARM 17.36.101, means a wastewater system that serves one living unit or commercial structure. The total number of people served may not exceed 24.

(12) "Individual water system", in accordance with ARM 17.36.101, means any water system that serves one living unit or commercial structure. The total number of people served may not exceed 24.

(13) "Living unit", in accordance with ARM 17.36.101 and for the purpose of interpreting the size of wastewater and water systems, means the area under one roof occupied by a family. For example, a duplex is considered two living units.

(14) "Local health authority" means a local health officer, local sanitarian or any other person authorized by the department.

(15) "Multiple user wastewater system", in accordance with ARM 17.36.101, means a non-public wastewater system that serves or is intended to serve three through 14 living units or three through 14 commercial structures. The total number of people served may not exceed 24.

(16) "Multiple user water system", in accordance with ARM 17.36.101, means a non-public water supply system designed to provide water for human consumption to serve three through 14 living units or three through 14 commercial structures. The total number of people served may not exceed 24.

(17) "Poisonous or toxic materials" may include, but are not limited to:

(a) insecticides and rodenticides ;

(b) detergents, sanitizers and related cleaning or drying agents;

(c) caustics, acids, polishes and other chemicals;

(d) substances necessary for kitchen equipment operation and maintenance such as nonfood-grade lubricants;

(e) substances not necessary for the kitchen operation such as petroleum products and paints; and

(f) personal care items or medications.

(18) "Potentially hazardous food" means a food that is natural or synthetic and is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms, the growth and toxin production of Clostridium botulinum or in raw shell eggs the growth of Salmonella enteritidis.

(a) the term "potentially hazardous food" includes cut melons, garlic and oil mixtures, a food of animal origin that is raw or heat treated and a food of plant origin that is heat treated or consists of raw seed sprouts; and

(b) the term "potentially hazardous food" does not include:

(i) an air cooled, hard boiled egg with intact shell;

(ii) a food with a hydrogen ion concentration (pH) level of 4.6 or below when measured at 75°F;

(iii) a food with a water activity (Aw) value of 0.85 or less;

(iv) a food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution; or

(v) a food for which laboratory evidence is accepted by the department as demonstrating that rapid and progressive growth of infectious and toxigenic microorganisms or the slower growth of Clostridium botulinum cannot occur.

(19) "Public wastewater system", in accordance with ARM 17.36.101, means a system for collection, transportation, treatment, or disposal of wastewater that serves 15 or more families or 25 or more persons daily for a period of at least 60 days in a calendar year.

(20) "Public water supply system", in accordance with ARM 17.36.101, means a system for the provision of water for human consumption that has at least 15 service connections or that regularly serves at least 25 persons daily for any 60 days or more in a calendar year.

(21) "Regulatory authority" means the department of public health and human services or the local health authority.

(22) "Shared wastewater system", in accordance with ARM 17.36.101, means a wastewater system that serves or is intended to serve two living units or commercial structures. The total number of people served may not exceed 24.

(23) "Shared water system", in accordance with ARM 17.36.101, means a water system that serves or is intended to serve two living units or commercial structures. The total number of people served may not exceed 24.

(24) "Single service articles" means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials and other similar articles intended for one-time, one-person use and then discarded.

(25) "Tableware" means eating, drinking and serving utensils for table use, such as flatware which includes forks, knives and spoons, hollowware including bowls, cups, serving dishes and tumblers and plates.

(26) "Utensil" means a food contact implement or container used in the storage, preparation, transportation, dispensing, or service of food, such as:

(a) kitchenware or tableware that is multi-use or single-use;

(b) gloves used in contact with food; and

(c) food temperature measuring devices.

Mont. Admin. r. 37.111.302

NEW, 2003 MAR p. 1338, Eff. 7/1/03.

Sec. 50-51-103 and 50-51-108, MCA; IMP, Sec. 50-51-102 and 50-51-103, MCA;