Adopted 6/21/2016
Effective 7/1/2016

Table of Contents
1. Purpose
2. Authority
3. Definitions
4. Application for Large Group Function Public Health Permit
5. Permits
6. Minimum Standards
7. Inspections

1. Purpose. The purpose of this regulation is to establish public health standards for the management of large groups to protect public and environmental health and safety. Such standards are designed to help ensure safe food preparation and handling, and adequate provision of toilet facilities, potable water, waste disposal, and medical services. The regulation also clarifies that it is the applicant’s responsibility to coordinate with and notify agencies involved in traffic control, parking, law enforcement and fire protection.
2. Authority. Authority for this regulation is provided for in 50-2-116, MCA; under which a local health board must identify, assess, prevent and ameliorate conditions of public health importance through inspections and abatement of nuisances, and protect the public from conditions of public health importance by ensuring the removal of filth or other contaminants that might cause disease or adversely affect public health. A local board of health may adopt rules for the control of communicable diseases, for the removal of filth which might affect public health, and to implement public health laws.
3. Definitions. In addition to the definitions in the Administrative Section of the Code, the following definitions apply for the purpose of this regulation.
   1. “Event” means the same as “Large Group Function.”
   2. “Large Group Function” means an event that has or is expected to have one thousand (1,000) or more persons simultaneously gathered in a common area, both public and private, for three hours or more. Large Group Function does not include a gathering at a place such as a theater, auditorium, or stadium where permanent potable water and toilet facilities are available, and normal operational procedures are in place to adequately serve the expected number of attendees.
   3. “Multiple Day Event” means a celebration or event that takes place over 2 or more consecutive days.
   4. “Recurring Event” means a celebration or event that takes place on non-consecutive days or occurs more than once in a single year. Examples include a food and music series that repeats every Wednesday through the summer or a concert series that takes place on several dates throughout the year.
   5. “Working Day” means Monday through Friday, exclusive of holidays observed by county government.
4. Application for Large Group Function Public Health Permit.
   1. Application deadline. An applicant shall submit a complete application and fees to the Department at least 5 working days before the date of the large group function. Applications will not be accepted less than 5 working days before the event.
   2. Complete application. A large group function application must include the following:
      1. Name, address, and phone number of the person organizing the large group function; or if other than a natural person, the name, address, and phone number of a responsible officer.
      2. The purpose, dates, and hours of the large group function.
      3. The location of the event, including the legal address and legal description of the parcel(s).
      4. A site plan showing the parcel(s) boundaries and the layout of the large group function, including where food service, potable water, toilet facilities, solid waste facilities, camping and first aid will be located, the means of entry and exit, and areas for parking.
      5. The estimated maximum number of people who will be simultaneously gathered for three hours or more at the large group function.
      6. Evidence that the proposal will meet the minimum standards of Section 6 of this rule.
      7. Written permission from the landowner to have a large group function on the property.
   3. Application fees. A fee established by the Board must be paid when the application is submitted to the Department. Application fees are non-refundable. The fee may be based on one or more of the following: expected attendance, length of the event, and on how many working days exist between the start of the event and when the application is submitted to the Department.
   4. Review by Department. The Department shall determine if an application is complete and whether the proposal meets this regulation within 10 working days after receipt of an application, or at least one working day before the event, whichever occurs first.
5. Permits.
   1. Permit Required
      1. A person may not conduct a large group function without a valid permit from the Department.
      2. The Department may charge three times the highest applicable permit fee when a large group function is conducted without a valid permit.
      3. The Department may revoke a permit if there are unapproved changes in plans or facilities after the permit has been issued, or there is falsification or significant error in information submitted by an applicant.
      4. Failure to obtain a permit or to adhere to this regulation or the conditions of the permit may result in enforcement action in accordance with Section 3 of the Administrative Section of this Code.
   2. Permit Requirements
      (1) Before the Department may issue a permit, the applicant must demonstrate that adequate provisions have been made for toilet facilities, solid waste disposal, food and beverage service, water supply, camping, outdoor burning and first aid.
      (2) The applicant must have written permission from the property owner or owner’s agent to hold the large group function on the property.
      (3) The Department may place conditions on the permit which address issues of public health importance or that help ensure the protection of public health and safety during the large group function.
      (4) The applicant must ensure that the permit conditions are complied with during the large group function.
      (5) The applicant is responsible for consulting with applicable law enforcement agencies, fire departments, and medical service providers on issues such as traffic safety, security, emergency response and potential fire dangers.
      (6) The large group function permit does not relieve the applicant of complying with all other applicable laws and regulations, including but not limited to laws and rules regarding public nuisance, noise, alcohol service, fire and traffic safety.
6. Minimum Standards.
   1. Handwashing and Toilet Facilities.
      1. Organizers shall provide at least one hand wash station for every 5 toilets and at least one toilet for each 200 people expected to attend. If alcohol will be served or the layout of the event requires it, the Department may require additional toilet facilities.
      2. During the event:
         1. Permanent bathrooms must be kept clean and stocked with toilet paper;
         2. If hand wash sinks are available, they must be stocked with soap and sanitary means of drying hands; and
         3. Chemical toilets must be kept stocked with toilet paper and serviced as often as needed to maintain sanitary conditions.
   2. Solid Waste Disposal
      1. Organizers shall provide adequate solid waste capacity to meet the requirements of Regulation 3 of the Missoula City-County Health Code.
      2. During the event: trash cans must be located in convenient locations throughout the event site, and be emptied often enough so that they do not overflow;
      3. If storage or service is inadequate, the organizer must make arrangements to obtain more capacity or service.
      4. After the event, solid waste must be stored in covered containers.
      5. Solid waste must be disposed of in a licensed landfill within 72 hours of the end of the event.
   3. Food Service
      1. Organizers may not allow a person to provide food to the public at an event if the person is not licensed, permitted or registered, and is required to be by Title 50, Chapter 50 MCA.
      2. A food service must comply with Regulation 4 of the Missoula City-County Health Code.
   4. Potable Water
      1. A food service must use potable water as required by ARM 37.110.260, 5-101.11.
      2. Water provided or made available at the event must be from a public water supply, commercially bottled water or from a private well meeting the requirements of (3).
      3. A non-public water supply proposed to serve the event must be tested for total coliform and E. coli by a certified lab, and be shown to not be contaminated, before the Department may issue a permit. The water test must have been analyzed within the 6 months previous to the application and within 12 months previous to the event.
   5. First Aid and Medical Services
      1. First Aid must be available to treat minor injuries and to help an injured person until emergency transport is available.
      2. First aid shall include, at a minimum, at least one CPR certified person and a first aid kit that meets or exceeds requirements of the Class A kit in the American National Standards Institute (ANSI) Standard Z308.1-2015.
      3. Organizers must have a plan for responding to medical emergencies during the event. The plan must take into account:
         1. the types and numbers of injuries likely to be associated with the event;
         2. how long it will take emergency responders to get to the large group function; and
         3. how easily emergency responders will be able to get to the injured person.
      4. Organizers must have a vomit and diarrhea clean-up plan and are responsible for cleaning up vomit and diarrhea.
   6. Outdoor Burning
      1. Organizers must ensure that outdoor burning complies with the Missoula City-County Air Pollution Control Program regulations.
   7. Camping
      1. If organizers offer temporary camping outside established campgrounds, there must be adequate and convenient bathroom facilities, solid waste disposal, and potable water to serve the campers.
         1. There must be toilet facilities within 300 feet of any campsite.
         2. One or more potable water stations must be available to the campers. Potable water must meet the requirements of Section 6(D)(2) and (3).
         3. Solid waste containers must be located within 400 feet of any campsite, and must be large enough, or emptied often enough to ensure that all garbage is stored in containers.
7. Inspections
   1. The Department may conduct inspections before the event begins and during the event to evaluate compliance with permit conditions and this regulation.

Approved by the Missoula City-County Health Board on August 17, 2023
Adopted by Missoula Board of County Commissioners on September 28, 2023
Adopted by Missoula City Council on October 16, 2023
Effective November 16, 2023

Contents

1. Purpose
2. Authority
3. Definitions
4. Storage and Collection
5. Transportation
6. Burning Solid Waste
7. Burying Solid Waste
8. Illegal Dumping
9. Hazardous Waste
10. Bear and Wildlife Mitigation Requirements

1. Purpose.   The purpose of this rule is to establish standards for proper storage, handling and disposal of solid waste to protect public health, safety and the environment.
2. Authority. Authority for this regulation is provided in 50-2-116, MCA, under which a local health board may propose rules for adoption by the local governing body that do not conflict with 50-50-126, MCA or rules adopted by the Montana Department of Public Health and Human Services for the removal of filth that might cause disease or adversely affect public health and to implement public health laws.
3. Definitions. The following definitions shall apply in the interpretation and enforcement of this rule.
   1. “Bear resistant container” means a fully enclosed container with a lid and latching mechanism with sufficient design and strength to deter access of the contents by bears, as certified by the Interagency Grizzly Bear Committee (IGBC) or approved by a Montana Fish, Wildlife and Parks bear management team biologist.
   2. “Bear resistant enclosure” means a fully enclosed structure or rack capable of reliably excluding a bear or a roofless enclosure that has a minimum of one hot wire and one ground wire that are electrified with an electric fence energizer with an output of 0.7 joules or better.
   3. “Class II landfill” means a facility licensed by the Montana Department of Environmental Quality (DEQ) to accept group II and group III wastes.
   4. “Class III landfill” means a facility licensed by DEQ to accept group III wastes only.
   5. “Clean fill” means uncontaminated soil, dirt, rock, sand, gravel, and portland cement concrete free of reinforcing steel.
   6. “Hazardous waste” means waste as defined by 75-10-403, MCA.
   7. “Garbage” has the same meaning as “Group II wastes.”
   8. “Group II wastes” means decomposable household and commercial wastes, or mixed solid wastes, excluding hazardous wastes.  Examples include but are not limited to the following:
      1. Municipal and domestic waste such as garbage, and putrescible organic materials, paper, cardboard, cloth, glass, metal, plastics, street sweepings, yard and garden wastes, digested sewage treatment sludges, water treatment sludges, ashes, dead animals, offal, discarded appliances, vehicle parts, and properly sterilized medical wastes; and,
      2. commercial and industrial wastes such as packaging materials, containers, and any liquid or solid industrial wastes which are chemically or biologically decomposable and which are not classified or identified as hazardous waste in 40 CFR 250.1, crop residues, manure, and food waste.
   9. “Group III wastes” means untreated wood wastes and non-water soluble solids, such as brick, rock, and portland cement concrete. 
   10. “Litter” means any quantity of paper, cardboard, metal, plastic, glass, or other miscellaneous solid waste which is not disposed of in a garbage container.
   11. “Person” means any individual, firm, partnership, company, association, corporation, city, town, local governmental entity, or any other state, federal, or private entity, whether organized for profit or not.
   12. “Recyclables” means those solid wastes that are separated from other solid waste for reuse or recycling, including but not limited to cardboard, paper, metals, glass and plastics.
   13. “Solid waste” means all putrescible and nonputrescible wastes, including but not limited to garbage, rubbish, refuse, ashes, sludge from sewage treatment plants, water supply treatment plants or air pollution control facilities; construction and demolition wastes; dead animals, including offal; discarded home and industrial appliances; and wood products or wood byproducts and inert materials.
4. Storage and Collection.
   1. Any person owning, controlling, or in possession of property from which any group II waste is generated shall maintain at all times in a place where it will not be offensive or a public nuisance, one or more residential or commercial garbage containers as defined in this rule.
      1. The capacity of the containers must be adequate to hold all refuse generated between collections.
      2. All group II waste and litter accumulated on the premises must be placed in the garbage containers.
      3. All group II wastes must be either collected once a week by a commercial garbage collection company or taken weekly by the generator to a Class II landfill or transfer station.
      4. Clean recyclables, with no food debris and separated from other trash, do not have to be collected or taken weekly to a recycling facility.
         1. Recyclables must be stored inside, in a closed container, or screened from public view.
         2. Recyclables may not be stored in a manner that causes a nuisance or community decay, is offensive to the senses, or constitutes a public health, environmental health or safety hazard.
      5. In all areas of Missoula County that have available commercial garbage collection services, the owner of any rental dwelling, including apartments, rental manufactured homes, duplexes, or single-family rental units, shall subscribe to commercial garbage collection, transport, and disposal of all group II waste generated on the premises.  Garbage collection must occur on an interval of not more than seven days.
      6. Residential containers:
         1. must be designed and manufactured as garbage containers;
         2. unless designed for automated garbage collection, must have a capacity of not less than ten or more than thirty-two gallons or not weigh more than 50 pounds; 
         3. may not be used to hold hot ashes or liquids;
         4. must have tight fitting lids and be kept covered;
         5. must be placed in an area easily accessed by the garbage collection service for collection. 
         6. Residential containers may not be placed on a street or road more than 12 hours before or eight hours after the time of collection;
         7. may not be recessed into the ground;
         8. may consist of plastic bags when filled with solely grass clippings or leaves, provided that each bag is closed with a tie, does not exceed fifteen pounds, and the garbage collection service is able to pick it up on that route;
      7. Commercial containers:
         1. must be constructed to be mechanically dumped by the garbage collector;
         2. must be kept covered at all times;
         3. must be placed on a hard level surface for emptying; and
         4. must have enough capacity to adequately hold all waste between collection.
      8. Commercial and residential containers may not be stored or set out for collection in the public right-of-way so as to impede or block public access or use or constitute a hazard or nuisance.
      9. A solid waste container which has defects likely to hamper collection, cause a nuisance, or injure the person collecting the contents or the public generally, must be replaced promptly by the owner or user of the container.
      10. The owner, agent, occupant, or lessee of property shall keep garbage containers reasonably clean and free of offensive odors.
   2. The owner, agent or contractor in charge of any construction or demolition site may not cause, maintain, permit or allow to be caused, maintained or permitted the accumulation of any litter or other uncontainerized solid waste on site before, during or after completion of the construction or demolition project.
      1. The owner, agent, or contractor in charge of a demolition or construction project shall:
         1. have adequate containers for the disposal of litter and other solid waste generated on site;
         2. provide for disposal at a properly licensed solid waste facility at a frequency that maintains adequate capacity; and
         3. remove any litter and other solid waste which has not been containerized at the end of each working day, including litter that has blown off site.
   3. A person may not store or allow to be stored solid waste where it will create a nuisance, be offensive to the senses or where it may constitute a public health, environmental health or safety hazard.
   4. The owner, agent, occupant, or lessee of property shall keep premises free of litter and other solid waste.
   5. A person may not sweep or push litter or other solid waste from sidewalks and boulevards into streets.
5. Transportation.
   1. Solid waste must be covered, containerized, or tied to the vehicle during transportation.
   2. Solid waste must be loaded and transported in such a manner that none of it falls, drops or spills upon the roadway or ground.
6. Burning Solid Waste. A person may not burn solid waste, unless the burning is permitted in accordance with the Missoula City-County Air Pollution Control Program regulations.
7. Burying Solid Waste.
   1. A person may not bury solid waste, unless:
      1. the solid waste is clean fill and permission has been granted by the property owner; or
      2. the solid waste is organic agricultural or silvicultural waste and originated on the property where it is to be buried, and the Department determines that the practice will not be offensive, cause a nuisance, or endanger public or environmental health; or
      3. the site is licensed as a landfill by the DEQ. 
8. Illegal Dumping.
   1. A person may not dump, store, place or leave or cause to be dumped, placed or left any solid waste upon any public or private property within the county, unless the solid waste is clean fill and permission has been granted by the property owner or owners.
   2. A person may not dump, place or leave or cause to be dumped, placed or left any solid waste in residential or commercial containers maintained for the use of other residences or establishments without permission from the owner.
9. Hazardous Waste. A person may not transport, store, or dispose of hazardous waste except as provided in ARM Title 50, Chapter 53.
10. Bear and Wildlife Mitigation Requirements.
    1. Within the Missoula Bear Buffer Zone, as shown in Appendix A, the following additional requirements apply: 
       1. A person may not accumulate, store, or cause to be accumulated or stored garbage in a manner that allows a bear or other animal to access it.
       2. Effective April 30, 2024, in Phase 1 shown on Appendix A, all garbage must be stored in bear resistant containers or bear resistant enclosures.
       3. Effective April 30, 2025, in Phase 2 shown on Appendix B, all garbage must be stored in bear resistant containers or bear resistant enclosures.
       4. Until April 30, 2026, in areas where bear-resistant containers are not yet required, non-bear-resistant containers may not be put out for collection until 5 am on the day of service. Non-bear resistant containers must be restored to a bear resistant place by 9 pm on the day of service.
       5. Effective April 30, 2026, in all areas of the Bear Buffer Zone shown in Appendix A:
          1. All garbage must be stored in bear resistant containers or bear resistant enclosures;
          2. All garbage containers must be bear resistant or be stored within a bear resistant enclosure that can be directly accessed by a commercial garbage collection service; and
          3. All garbage containers provided by commercial garbage collection services must be bear resistant, unless the containers will be stored within a bear resistant enclosure that will be accessed directly by the commercial garbage collection service.
       6. Commercial, governmental, and institutional entities may develop a written waste management plan to prevent bears from accessing garbage in lieu of having a bear resistant container or bear resistant enclosure.  The waste management plan and any amendments must be approved in writing by a Montana Fish, Wildlife, and Park bear management team biologist and the appropriate waste collection provider.
       7. Outdoor trash compactors may be used within the Bear Buffer Zone provided that no waste is exposed and the compactor doors are bear resistant and kept closed except when loading or removing wastes.  The area around the compactor must be free of garbage. 
    2. Within the Potomac Bear Mitigation Zone, as shown in Appendix B, the following additional requirements apply:
       1. A person may not accumulate, store, or cause to be accumulated or stored garbage in a manner that allows a bear or other animals to access it. 
       2. Effective September 1, 2024, all garbage must be stored in bear resistant containers or bear resistant enclosures.
       3. Effective September 1, 2024, all garbage containers provided by commercial garbage collection services must be bear resistant, unless the containers will be stored within a bear resistant enclosure that will be accessed directly by the commercial garbage collection service.
       4. Commercial, governmental, and institutional entities may develop a written waste management plan to prevent bears from accessing garbage in lieu of having a bear resistant container or bear resistant enclosure.  The waste management plan and any amendments must be approved in writing by a Montana Fish, Wildlife, and Park bear management team biologist and the appropriate waste collection provider.

Appendix A – Missoula Bear Buffer Zone

Appendix B – Potomac Bear Mitigation Zone

Adopted October 15, 2015

Contents
1. Purpose
2. Authority
3. Regulations Incorporated by Reference
4. Definitions
5. General Requirements
6. Handling Restricted
7. Temporary Food Services
8. Mobile Food Establishment
9. Reinspection Fees
10. Closure
11. Required Certification and Food Safety Training
12. Plan Review
13. Wild Mushrooms
14. Circumvention

1. Purpose. The purpose of this regulation is to prevent and eliminate conditions and practices which
   endanger public health.
2. Authority. Authority for this regulation is provided for in 50-2-116, MCA: under which a local health
   board may adopt rules that do not conflict with those adopted by the state for the control of
   communicable diseases; for the removal of filth which might affect public health; and to implement
   public health laws.
3. Regulations Incorporated by Reference.
   1. A retail food establishment or temporary food service located in Missoula County shall comply with the Administrative Rules of Montana, Title 37, Chapter 110, Subchapter 2, as authorized by the
      Montana Code Annotated, Title 50 Chapter 50 concerning Food Service Establishments.
   2. A wholesale food establishment shall comply with the Administrative Rules of Montana, Title 37,Chapter 110, Subchapters 1 and 3, as authorized by Montana Code Annotated, Title 50, Chapter 57 concerning Wholesale Food Establishments.
   3. A cottage food operation shall comply with the Administrative Rules of Montana, Title 37, Chapter 110, Subchapter 5.
4. Definitions.
   1. “Commissary” means “servicing area” as defined in ARM 37.110.260(1)(a), (1-201.10).
   2. “Establishment” means either a retail food establishment as defined in 50-50-102(21), MCA, or a wholesale food establishment as defined in 50-57-102(4), MCA.
   3. “High-Risk Violation” means a risk factor or intervention violation identified in ARM Title 37, Chapter 110, Subchapter 2, or similar violation for wholesale food establishments in any of the
      following categories:
      1. Time-Temperature Controls
      2. Personal Hygiene and Employee Health Controls
      3. Controlling Hands as a Vehicle of Contamination: Handling and Hand Washing
      4. Cross-Contamination Prevention
      5. Cleaning and Sanitizing
      6. Safe Sources
      7. Water/Sewage
      8. Demonstration of Knowledge
   4. “License” means a document issued by the Montana Department of Public Health and Human services that authorizes a person to operate an establishment.
   5. “Multiple Day Event” means a celebration or event that takes place over 2 or more consecutive days.
   6. “Private, religious, fraternal, youth, patriotic, or civic organization” means a not-for-profit group that serves food to promote the public good or raise money for a charitable purpose.
   7. “Recurring Event” means a celebration or event that takes place on non-consecutive days or occurs more than once in a single year. Examples include a food and music series that repeats every Wednesday through the summer or a concert series that takes place on several dates throughout the year.
   8. “Self-Contained” means a mobile food establishment as defined in 50-50-102 (13), MCA that meets the following conditions:
      1. Has its own power supply;
      2. Has all equipment and sinks mounted in a fixed configuration in/on the mobile food establishment; and,
      3. Travels and operates as one unit.
   9. “Self-Sufficient” means a self-contained mobile food establishment that does not have to rely on a commissary to support the menu.
   10. “Temporary Food Service” means a food operation as defined in 50-50-102(22), MCA, or a nonprofit temporary food establishment as outlined in 50-50-102(21)(c)(xiii).
5. General Requirements.
   1. A person may not operate an establishment in Missoula County without a valid license as required in 50-50-201, MCA, or 50-57-201, MCA.
   2. A person may not operate a cottage food operation in Missoula County without a valid registration as required in 50-50-117, MCA.
   3. A person may not operate a temporary food service in Missoula County without a valid permit as required in 50-50-201, MCA.
   4. When an establishment, temporary food service, or cottage food operation changes owners, a license, permit or registration is not transferable. Owners shall notify the department when they
      permanently close their operation.
   5. New owners may not operate until the establishment, temporary food service, or cottage food operation:
      1. Meets all current, applicable health standards or a schedule of compliance has been approved by the Department;
      2. Has completed a change of ownership review, including any necessary pre-opening inspections; and
      3. Has a valid license, permit, or registration.
   6. A catering endorsement cannot be used to serve food directly to the public when there is no catering contract with a specific party or when a separate food service license or endorsement is
      required.
   7. A private, religious, fraternal, youth, patriotic, or civic organization that serves food for no more than four days in a 12 month period does not need to get a license, permit, or cottage food registration providing:
      1. The organization notifies the Department with sufficient information to establish that the organization qualifies for this exemption;
      2. The organization notifies the Department in advance of their menu, setup, and dates of operation, and receives food safety guidance; and,
      3. They serve at an event where the organization is the only food vendor.
   8. Non-profit temporary food services may serve cottage foods without registration providing they follow the cottage food rules in ARM Title 37, Chapter 110, Subchapter 5.
6. Handling Restricted.
   1. Bare hand contact with ready-to-eat foods is prohibited unless a plan is submitted to the Department as outlined in ARM 37.110.260(1)(c), (3-301.11) and a glove exemption is issued.
   2. A glove exemption is valid for two years. Before a glove exemption may be renewed, information must be submitted to the Department showing that the establishment still meets the requirements of this rule.
   3. Department may revoke a glove exemption if it observes non-compliance.
7. Temporary Food Services.
   1. The Department shall issue a temporary food service permit following the submittal of fees, a complete application and an approved plan review demonstrating compliance with applicable
      regulations.
   2. Permit Types
      1. The Department may issue a temporary food service permit in one of three categories:
         1. Single Day Event permit,
         2. Multiple Day Event permit, or
         3. Recurring Event permit.
      2. A multiple day event is limited to 21 consecutive days at a fixed location.
      3. A recurring event is limited to a total of 45 days with a fixed menu. The location may change if the event takes place in more than one location within the county.
      4. The following conditions apply to a recurring event:
         1. At least 10 days before the first date of the recurring event, the coordinator shall submit to the Department a list of dates that the event will take place and a list of vendors who will be at the event. Additional dates may be approved after the recurring event begins if submitted
            to the Department at least 30 days before the date to be added.
         2. The coordinator or the coordinator’s representative must be available during each event to respond immediately to problems affecting food service;
         3. At least 5 working days before each event date, the coordinator shall submit a list of any new participating food vendors to the Department;
         4. The coordinator must ensure that a temporary food service has an approved temporary food service permit before it operates at the recurring event.
      5. Event Series. A series of events put on by a single organization may qualify as a recurring event for the purpose of permitting if a single coordinator will oversee the entire series.
   3. General
      1. A person may not create an event or celebration in order to circumvent the requirements of the state and local food regulations. The Department has the sole discretion to determine whether an event or celebration qualifies under this regulation.
      2. If an event or celebration is longer than the limitations listed in (B), a person operating a temporary food service shall designate which days he or she will operate before the Department may approve the permit.
      3. A person may not obtain more than one temporary food service permit for a single event in order to operate longer than allowed in (B).
      4. If a single entity has more than one temporary food service location at a single event, each location must be permitted, except as provided in 50-50-201 MCA.
      5. A temporary food service permit is valid in the calendar year issued. If an event spans more than one calendar year, a separate permit is needed to operate in each year.
      6. Changes to the approved menu(s), setup, or location may require additional plan review, and if extensive, a new permit.
      7. A temporary food service that operates without a permit may be charged a plan review fee and two times the cost of permitting fees. Failure to pay these fees is a violation of this code and the Department may withhold approval for future permits until the fees are paid.
   4. Menu and Operational Requirements
      1. A temporary food service’s menu must be simple and onsite food preparation must be limited to quick cook-and-serve and simple assemble-and-serve;
      2. All other food preparation must be done in an approved commissary;
      3. During transport and at the event, food must be held and dispensed in such a way as to prevent contamination and equipment and utensils must be clean, sanitized, food-grade and in good repair; and,
      4. Appropriate hot holding and refrigeration equipment must be used to keep the food in allowable temperature ranges unless time is being used as a control. Mechanical refrigeration may
         be required for raw animal products.
      5. Reheating at the event site is allowed only if appropriate equipment designed for rapid
         reheating is used.
   5. Booth Requirements
      1. A temporary food service may operate from a booth without sides if there is minimal risk from pests or inclement weather, and food can be secured from tampering and protected from
         contamination.
      2. If the booth will be left up overnight:
         1. The booth must include walls;
         2. All food contact surfaces must be cleaned and sanitized before beginning operation and after ending operation each day; and
         3. Food must be secured and stored in such a way as to prevent contamination, tampering or rodent/pest infestation.
8. Mobile Food Establishment
   1. A mobile food establishment must be self-contained. Separate tables for cash boxes, point of sale systems, customer dining, or other functions not related to food service, prep or storage, may be used without additional permitting.
   2. If a mobile food establishment is not self-sufficient, the operator shall use a licensed commissary for preparation and storage.
   3. A mobile food establishment must have permanently mounted water and wastewater tanks unless it is designed as a pushcart or otherwise approved by the department.
   4. A mobile food establishment operator shall maintain a servicing log that documents where and when they obtain fresh water and dispose of wastewater.
   5. A mobile food establishment that alters its menu or setup so that it is no longer self-contained must obtain a temporary food service permit.
   6. A mobile food establishment operating in Missoula County must meet all applicable local codes to operate.
9. Reinspection Fees
   The Department shall charge a fee established by the Board for violations of the rule which are not corrected or persist after two inspections to the establishment within 365 days from the date of the original inspection. Failure to pay the fee is a violation of this Code.
10. Closure
    1. The Department may close an establishment, a temporary food service, or a cottage food operation under the following conditions:
       1. If a foodborne illness outbreak is likely associated with an establishment, a temporary food service, or a cottage food operation and the Health Officer deems that closure is necessary to protect public health and/or correct the circumstances contributing to the outbreak;
       2. If a high-risk violation which creates an imminent or present danger to public health is not corrected immediately to the satisfaction of the Department;
       3. When a follow-up inspection of an establishment or temporary food service yields two or more of the same high-risk violations noted on a previous inspection and the establishment has been notified closure may be a consequence of noncompliance as described in (C); or
       4. When an establishment operates without a valid license, a temporary food service operates without a valid permit, or a cottage food operation operates without valid registration.
    2. No person may operate an establishment, a temporary food service, or a cottage food operation which has been closed by the Department.
    3. Before the Department closes an establishment or a temporary food service based on repeat high risk violations, the Department shall notify the establishment or temporary food service in writing that it may be closed to the public and a closure notice placed at each customer entrance if two or more of the same high-risk violations remain on the follow-up inspection to be conducted within 10 working days.
    4. When the Department closes an establishment, temporary food service, or cottage food operation for any reason:
       1. The Department must deliver a written explanation of the reasons for closure and a copy of any pertinent inspection forms to the operator or person in charge;
       2. The closure order is effective upon delivery of the notice, and no new customers may be served food or drink. The Department may require the operator to notify any current customers of the closure;
       3. A conspicuous notice of closure must be posted at each customer entrance of an establishment or temporary food service by a police officer, sheriff, or sanitarian; however, a notice of closure does not need to be posted at the entrance of a cottage food operation.
       4. No person, except under the direction of the Department, may remove or alter the notice of closure.
    5. When an establishment, temporary food service, or cottage food operation has been closed, it may be reopened after 24 hours if:
       1. The operator submits a written plan of correction, specifying the corrections to be made and time limits for their completion;
       2. The Department approves the plan of correction;
       3. The Department inspects the establishment, temporary food service, or cottage food operation and determines that the approved plan of correction is being followed; and,
       4. The notice of closure previously posted is removed by, or under the direction of, the Department.
    6. An establishment, temporary food service, or cottage food operation may be opened earlier than 24 hours following a voluntary meeting attended by the operator or person in charge, the Division Director or designee and the inspecting sanitarian, at which the provisions of subsection (E) are demonstrated to be met.
    7. Once an establishment re-opens:
       1. (1) The Department shall conduct additional inspections as necessary to evaluate whether the plan
          of correction is being followed and whether any high-risk violations exist;
          (2) The Department may require an operator to modify a plan of correction;
          (3) An establishment may be closed again by the Department if:
          (a) any conditions in (A) exist; or
          (b) the plan of correction is not being followed.
11. Required Certification and Food Safety Training
    1. Certified Food Protection Manager
       1. An establishment or temporary food service that is required to have a Certified Food Protection Manager as per ARM 37.110.260(1)(b), (2-102.12) must have one certified person
          dedicated to its location, except as provided by (3).
       2. Certified Food Protection Manager certificates must be posted or maintained accessible onsite.
       3. The Department may approve one certified food protection manager for multiple facilities if the operator submits a written plan that explains how one Certified Food Protection Manager can provide adequate food safety leadership onsite at each location.
       4. The Department may revoke approval for one Certified Food Protection Manager for multiple facilities if training, operational, or compliance issues arise. The operator shall provide a Certified Food Protection Manager for each location within 45 days of the written notice revoking the approval.
    2. Additional Required Training. In addition to the required Certified Food Protection Manager, an operator or person in charge shall complete a food safety training program approved by the
       Department within six months of the following:
       1. Whenever an establishment, temporary food service, or cottage food operation has been closed in accordance with subsection 10.
       2. Whenever a reinspection fee must be charged in accordance with subsection 9; or,
       3. Whenever notified by the Department that an establishment or temporary food service has a history of noncompliance with these rules as determined by having two or more high-risk
          violations noted on each of their past three inspection reports.
12. Plan Review
    1. A person owning an establishment, including one in conjunction with a school or public accommodation, shall submit properly prepared plans and specifications to the Department for review and approval before construction, remodeling or conversion of an existing structure begins or before making significant changes to a menu.
    2. The Department may require a plan review at change of ownership.
    3. An operator of a temporary food service shall submit plan review materials and a plan review fee to the Department. A temporary food service may not begin operation until the Department approves the plans.
    4. A fee as established by the Board shall be charged for plan review.
    5. Failure to comply with plan review or cottage food registration requirements is a violation of this Code and may result in the Health Officer’s refusal to validate the license, or to issue a permit or registration.
13. Wild Mushrooms.
    1. A licensee must demonstrate competency in wild mushroom identification by completing a wild mushroom identification course or accredited coursework in mycology, or by providing other
       documentation of competency approved by the department.
    2. The department may waive the requirement to use a commissary for storing, drying and processing wild mushrooms.
    3. Wild mushrooms must be stored in a clean and protected area.
    4. Packaged wild mushrooms must comply with labeling laws.
       Missoula City-County Health Code Food Service Establishments 4-8 10/15/2015
14. Circumvention.
    1. A person may not knowingly make false statements, representations, or certifications in, or omit information from, or knowingly alter, conceal, or fail to file or maintain any notice, application, record, report, permit, plan or other document required to be filed or maintained in order to evade these regulations.
    2. A person may not create contracts, alter facilities or operations, install equipment outside of facility, or operate in a manner which evades these or other applicable regulations.

Amended 10/17/13

Contents
1. General
2. Definitions
3. Permit Required
4. Siting Requirements
5. Inspections

1. General.
   1. Purpose. The purpose of this regulation is to protect the quality and potability of water for public water supplies and domestic uses by tracking and verifying the location of new wells and to ensure compliance with 50-2-116 MCA, the Missoula City-County Health Code Regulation 1, ARM 36.21.638, ARM 17.36.323, and the Missoula Municipal Code, Section 13.26.090.
2. Definitions.
   1. Absorption System: a secondary treatment system including conventional drainfields, alternative systems, and experimental systems used for subsurface disposal of pre-treated waste effluent.
   2. Community Water System: any public water supply system which serves at least ten service connections used by year round residents or regularly serves at least 25 year round residents.
   3. Contaminant: a biological, chemical, physical, or radiological constituent in water that is or may become injurious to public health, safety, welfare, or to the environment.
   4. Department: the Missoula City-County Health Department.
   5. DEQ: the Department of Environmental Quality
   6. Groundwater: the water in the zone of saturation that fills all pore spaces of the subsurface geologic material.
   7. Potable Water: water that is free of coliform bacteria and contaminants in concentrations that may cause disease or harmful physiological effects, is safe for human consumption and meets the State drinking water standards set forth in 75-6-201 MCA and ARM 17.30.100.
   8. Public Water Supply: a system for the provision of water for human consumption from any community well or other water supply that is designed to serve or serves 25 or more persons daily at least 60 days out of the calendar year or has at least 15 service connections.
   9. Well Isolation Zone: the area within a 100-foot radius of a well.
   10. Wells: an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed and includes any related system(s) of pumps, pipes, controls, reservoirs, or mechanical devices used for the purpose(s) of: location, diversion, artificial recharge, acquisition of groundwater or for any other similar purpose.
       1. “Well” includes but is not limited to:
          1. Extraction well: a well used to extract water for treatment and other processes.
          2. Heat exchange well: a well used for extracting or injecting groundwater for hearing or air conditioning purposes.
          3. Industrial well: a well that is used to supply water for industrial purposes, fire protection, or similar nonpotable uses.
          4. Irrigation well: a well that is used to provide water for plants, livestock, or other agricultural purposes.
          5. Test well: a well that is used to obtain information on groundwater quantity, suitability as a drinking water source, or aquifer characteristics for the purpose of designing or operating a water supply well.
          6. Water supply well: a well that is used to provide potable water for drinking or domestic purposes.
       2. “Well” for the purpose of this regulation does not include:
          1. A monitoring well used solely to detect the presence of a contaminant in groundwater or soil, or monitor groundwater levels.
          2. An oil or gas well constructed under the jurisdiction of DEQ, except a well that is converted to use as a well covered by this regulation;
          3. A well used solely for the purpose of:
             1. Dewatering during construction
             2. Stabilizing hillsides or earth embankments
          4. The following excavations:
             1. A hole or excavation for an absorption system soil evaluation test,
             2. A drill hole for seismic exploration where the drillhole is less than twenty-five (25) feet in depth,
             3. A geotechnical exploratory boring.
3. Permit Required
   1. A person may not construct a well within Missoula County without first obtaining a permit from the Department.
   2. Application for a permit must be made by the property owner(s) or his/her authorized representative on forms provided by the Department. The application must include:
      1. Name and address of the owner and applicant if different, and a complete legal description and address of the property on which construction of the well is proposed.
      2. Either of the following:
         1. A lot layout approved by DEQ as part of a Certificate of Subdivision Approval, showing the proposed building location and any deviations or changes to the approved layout; or
         2. A site plan showing the location of:
            1. The proposed well;
            2. Existing and proposed sewage facilities;
            3. Existing and proposed buildings;
            4. Property lines and easements;
            5. Any floodplain or surface water within 100’ of proposed well location;
            6. Any applicable non-degradation mixing zones; and
            7. Any applicable well isolation zones.
      3. The intended use of the well. Applications for non-drinking water wells must include the diameter of the well.
      4. The appropriate fee established by the Board.
      5. If applicable, written and recorded authorization allowing a well isolation zone to cross onto neighboring private property.
   3. The Department may issue a permit for a well after all the requirements of this section have been met.
   4. A permit expires if the well for which the permit was issued is not installed, inspected and approved by the Department within one year after issuance.
   5. A permit may be extended one time by the Department for one year if:
      1. The permit holder requests an extension from the Department prior to the expiration of the permit; and
      2. The requirements of the permit and this regulation are met; and
      3. Any differences in permit application fees are paid in full.
   6. If a well is constructed in the approved location and fails to produce adequate water:
      1. The driller must notify the Department; and
      2. A new site plan must be submitted showing both well locations unless proof that the original well has been abandoned is submitted to the Department; and
      3. A new permit and fees may be required.
   7. The Department shall charge a fee three times the permit application fee when the construction of a well starts prior to a valid permit being issued. This provision shall become effective 90 days following the effective date of this regulation.
4. Siting Requirements
   1. A person may not construct a well where the location of that well would cause a violation of:
      1. An approved Certificate of Subdivision Approval;
      2. An approved location for a sewage treatment or disposal system;
      3. The requirements of Regulation 1.
   2. The property owner has the ultimate responsibility to determine the location of the well prior to construction. The owner or driller may request a site inspection by the Department prior to drilling to confirm that the proposed well location meets the requirements of this rule. The Department may charge a fee to be determined by the Board to cover the cost of an additional site inspection.
   3. If a parcel has a Certificate of Subdivision Approval, all wells must be constructed in the locations shown on the approved site plan. If there is no Certificate of Subdivision Approval for the parcel, the location of the well(s) must conform to the minimum setback requirements shown in Table 1. In addition, wells should remain 100 feet from surface water and 10 feet from any floodplain.
   4. Wells that cannot meet the requirements of Table 1 must be sited and constructed to provide the most setback distances practicable. Wells that cannot meet the minimum setback requirements in ARM 36.21.638 must receive approval from the Montana Board of Water Well Contractors pursuant to ARM 36.21.680 before a permit may be issued.
   5. A proposed well isolation zone may not extend onto adjacent private property without written and recorded authorization from the adjacent property owner. This provision does not apply to proposed wells on parcels created before October 1, 2013 or on parcels created as part of a Sanitation in Subdivision application submitted to the Department before October 1, 2013.
5. Inspections
   1. Prior to being used, all wells require a final inspection of the well location by the Department unless specific permission has been granted by the Department.
   2. When final approval is withheld, a written notice of deficiencies and required corrective action must be provided to the applicant within ten (10) business days of the inspection. The applicant or licensed well driller must notify the Department upon correction of any and all deficiencies. A reinspection must be made to confirm the deficiencies have been corrected and the system is in compliance with the regulations.
   3. The applicant or licensed well driller must notify the Department that a well is ready for inspection within two (2) business days of completion of the well.
   4. The applicant or licensed well driller need not be present during the inspection.
   5. A site inspection may be required by the Department or requested by the applicant before construction of the well commences to verify the location of the well meets the requirements of this regulation. A fee established by the Board may be required for a site inspection conducted prior to construction of a well.
   6. Acceptance of the permit by the applicant confers upon the Department the authority to access the well construction site at reasonable times for the purpose of making examinations and investigations to determine compliance with these Regulations.

Adoption Date: May 17, 2012
Effective Date: September 1, 2012

Contents
1. Purpose
2. Authority
3. Regulations Incorporated by Reference
4. Definitions
5. State Licensing or Certification by Health Department Required
6. Water, Wastewater, and Solid Waste Disposal
7. Health
8. Food Safety
9. Cleaning and Sanitizing
10. Diapering and Infant Care
11. Inspections
12. Closure

1. Purpose. The purpose of this regulation is to prevent and eliminate conditions and practices which endanger public health in unlicensed drop-in childcare facilities.
2. Authority. Authority for this regulation is provided for in 50-2-116, MCA: under which a local health board may adopt rules for control of communicable diseases for the removal of filth which might affect public health; and to abate nuisances affecting public health and safety or conditions of public health importance.
3. Regulations Incorporated by Reference.
   All drop-in childcare facilities located in Missoula County shall comply with Administrative Rules of Montana, Title 37, Chapter 110, Subchapter 2 as authorized by MCA Title 50, Chapter 50, concerning Food Service Establishments with a few exceptions listed in this rule.
4. Definitions.
   1. “Critical violation” means a high-risk violation in any of the following categories that can adversely affect public health, or does not sufficiently prevent the spread of communicable disease:
      1. Health: exclusion or isolation of ill children and staff; onsite CPR/First Aid certified staff; proper medication administration and storage; immunized children and staff; handling and cleaning of laundry; sufficiently stocked first aid kit.
      2. Sanitation: cleaning and sanitizing of toys, surfaces, and facility; safe food service; adequate hand washing; approved diapering procedure or area.
      3. Water/Wastewater: adequate and safe water supply; proper sewage disposal.
   2. “Drop-in Childcare” means a facility that meets all of the following criteria:
      1. It is not licensed or registered by the state.
      2. It offers unscheduled care where the parent/guardian is not on the same premises.
      3. It has the primary function of providing care to children.
   3. “Premises” means the child care facility and the property immediately adjacent to it.
5. State Licensing or Certification by Missoula City-County Health Department Required.
   1. Drop-in childcare facilities shall do one of the following by September 1, 2012:
      1. License through Department of Public Health and Human Services Quality Assurance Division and operate in compliance with Administrative Rules of Montana, Title 37, Chapter 95, Subchapter 1100; or,
      2. Contact the Missoula City-County Health Department for a certification inspection as an unlicensed drop-in childcare facility.
   2. Drop-in childcare facilities that choose not to license must have a certification inspection annually by Missoula City-County Health Department.
   3. The drop-in childcare facility shall pay the fee allowed by MCA 52-2-735 (5) per inspection.
   4. If the Department determines that the drop-in childcare facility meets the requirements in this regulation, and the facility has paid all fees, a certificate shall be issued to the facility good through the end of the following calendar year.
   5. The drop-in childcare facility shall post the certificate in a location visible to the public.
6. Water, Wastewater, and Solid Waste Disposal.
   1. A drop-in childcare facility shall provide an adequate supply of potable water.
      1. The water system must be either:
         1. A public water supply approved by the department of environmental quality.
         2. A non-public system approved by the Department.
      2. A public water supply must be operated in accordance with Administrative Rules of Montana Title 17, Chapter 38, Subchapters 1 and 2.
      3. A non-public system must
         1. Test for total coliform and fecal coliform before opening, and every January and July. Results must be negative for total coliform and fecal coliform.
         2. Test for nitrate before opening, and every three years. Nitrate levels may not exceed 10mg/L.
      4. All water testing records must be kept onsite and made available for review.
   2. A drop-in childcare facility shall provide an adequate wastewater disposal system.
      1. The system must be either:
         1. A public system approved by the department of environmental quality.
         2. A non-public system approved by the Department.
      2. The sewerage system must comply with Regulation 1 of this code.
   3. A drop-in childcare facility shall provide adequate solid waste disposal in compliance with Regulation 3 of this code.
7. Health.
   1. A drop-in childcare facility shall safeguard children’s health against infectious disease by:
      1. Obtaining information from the parent/guardian that includes:
         1. Contact information for the child’s health care provider;
         2. Allergen information;
         3. A general health statement that says that the child is in relatively good health and has been free from communicable diseases and the symptoms listed in (2) for at least 24 hours prior to drop off.
         4. Emergency contact information for parent/guardians.
         5. Proof of immunization.
      2. Excluding children from the facility if they have the following symptoms upon arrival, during attendance, or in the 24 hours prior to arrival as indicated in the general health statement from the parent/guardian:
         1. A fever greater than 101F;
         2. Vomiting;
         3. Diarrhea;
         4. A bacterial infection such as strep throat, scarlet fever, impetigo, conjunctivitis, or a skin infection unless on antibiotics for 24 hours prior.
         5. Chickenpox with active sores;
         6. Jaundice; or
         7. Uncontrollable coughs and sneezes, difficulty breathing, stiff neck, poor food or fluid intake, or other signs of severe or contagious illness.
      3. Only admitting children immunized appropriately for their age as per ARM 37.95.140 unless a medical exemption signed by a physician is supplied.
      4. Health and contact information must be reviewed and kept current.
      5. The drop-in childcare must maintain a register for at least a year containing the following:
         1. The child’s name;
         2. The parent/guardian’s name;
         3. The parent/guardian’s phone number; and
         4. The parent/guardian’s mailing address.
   2. If children develop symptoms of illness while at the facility, they must be isolated in an area other than the kitchen and the parent/guardian immediately contacted to come retrieve their child.
   3. Only medications supplied by the parent/guardian with written consent may be administered by drop-in childcare staff. Medications must be in their original packaging, labeled with the child’s name, and have instructions for administration stored with the medication. Medications must be securely stored where children cannot access them.
   4. At least one staff member onsite must be certified in First Aid and CPR. Documentation of this certification must be onsite.
   5. Emergency numbers must be posted by the phone:
      1. Poison Control;
      2. Fire;
      3. Police;
      4. 911 or local hospitals.
   6. Staff health must be ensured by:
      1. Excluding staff with symptoms listed in (A)(2) above;
      2. Having records onsite that demonstrate staff members have current tetanus and MMR vaccinations.
   7. A first aid kit must be maintained on site and contain the following at minimum:
      1. Sterile bandages;
      2. A cold pack;
      3. Scissors;
      4. Tape and band-aids;
      5. Tweezers; and
      6. Disposable gloves.
      7. Poison control number posted with the kit.
   8. 35 square feet of indoor play space must be provided per child not including the kitchen, bathroom, or storage areas.
8. Food Safety.
   1. Drop-in childcare facilities shall follow the Montana Administrative Rules for food service adopted by reference, with the exceptions noted in (B) below, as well as Regulation IV of the Missoula City-County Health Code for food service establishments.
   2. The following residential equipment may be used in place of commercial equipment if they meet the listed criteria:
      1. Refrigerators able to hold 41F or lower;
      2. Freezers able keep food frozen;
      3. Dishwashers able to provide a sanitizing cycle capable of reducing pathogens by 99.9% through an uninterrupted heated dry cycle, heated rinse cycle, or chemical sanitizing cycle with 50-100ppm chlorine.
      4. Cooking and heating equipment able to achieve required food temperatures and comply with building codes.
   3. A designated hand sink separate from that used for the bathrooms, bathing, and diapering is required.
   4. A three-compartment sink or dishwasher is not required if a two-compartment sink is available with an extra bin large enough to sanitize dishes that are washed manually.
9. Cleaning and Sanitizing.
   1. Bathrooms must be cleaned daily with a germicidal cleaner.
   2. All general surfaces such as tables and chairs must be sanitized daily with 50-100ppm chlorine or other chemical approved by the Department.
   3. All toys, play surfaces, and manipulatives must be sanitized at least once weekly with ¼ cup bleach to 1 gallon of water, be rinsed and then air dried. If these items are mouthed, they must be pulled from use and sanitized as described before they can be used again.
   4. If nap mats are available, they must be cleanable and non-absorbent and sanitized after each use with ¼ cup bleach to 1 gallon of water.
   5. If any blankets, pillows, or other bedding items are used onsite, they must be washed after use by one child and before use by another child. If they are washed onsite, they must be laundered in a machine able to reach a 140F initial wash temperature and tumbled dry in a heated cycle, or sent out to a professional laundry service.
   6. Surfaces in the childcare facility must be cleanable and in good repair. Areas that are subject to high-moisture or constant cleaning must be non-absorbent and able to hold up under normal use and required cleaning.
10. Diapering and Infant Care.
    1. If cribs are used, they must be cleaned and sanitized after use by one child and before use by another child, and the sheets and blankets changed.
    2. An approved diapering procedure must be followed.
       1. Gloves must be used.
       2. Diapers must be appropriately discarded in a diaper pail, a covered receptacle with a plastic lining that is inaccessible to children or wrapped in plastic bag taken directly outside to the dumpster.
       3. Hands must be adequately washed at a designated hand sink that is not used for food service. It must be stocked with soap, paper towels, and hot and cold running water.
       4. The diapering station must be sanitized after each use with ¼ cup bleach to a gallon of water.
    3. The diapering station must be cleanable and non-absorbent, and not pose a safety risk to the child.
11. Inspections.
    1. A drop-in childcare facility must allow the Department and any other regulatory agencies access during reasonable hours to assess compliance with this rule.
    2. The Department shall inspect drop-in childcare facility centers at least once per year.
12. Closure.
    1. The Department may close a drop-in childcare facility under the following conditions:
       1. If an outbreak is likely associated with the facility and the Health Officer deems that closure is necessary to protect public health and/or correct the circumstances contributing to the outbreak;
       2. If a violation which creates an imminent or present danger to public health is not corrected immediately to the satisfaction of the Department;
       3. When a follow-up inspection yields two or more of the same critical violations noted on a previous inspection, and the establishment has been notified closure may be a consequence of noncompliance as described in (B);
       4. When the drop-in childcare facility has not been inspected for compliance prior to operating, or denies the Department access to do so; or,
       5. When the drop-in childcare facility has not obtained a state license or a valid certificate from the Department.
    2. Before the Department closes a drop-in childcare facility for repeat critical violations, the Department shall notify the operator in writing that it may be closed to the public and a closure notice placed at each customer entrance if compliance is not met at the a follow-up inspection to be conducted within 10 working days.
    3. When the Department closes a facility for any reason:
       1. The Department must deliver a written explanation of the reasons for closure and a copy of any pertinent inspection forms to the operator or person in charge.
       2. The closure order is effective upon delivery of the notice, and no new children may be admitted. The Department may require the operator to notify parent/guardians of children currently in care to come get them.
       3. A conspicuous notice of closure must be posted at each customer entrance by the Department.
       4. No person, except under the direction of the Department, may remove or alter the notice of closure.
    4. When a drop-in childcare facility has been closed, it may be reopened after 24 hours if:
       1. The operator submits a written plan of correction, specifying the corrections to be made and time limits for their completion; and
       2. The Department approves the plan of correction; and
       3. The Department inspects the establishment and makes a determination that the approved plan of correction is being followed; and
       4. The notice of closure previously posted is removed by, or under the direction of, the Department.

Amended 1/21/2016

Contents
1. Purpose
2. Authority
3. Incorporation by Reference
4. Definitions
5. Local Health Officer, Sheriff and Animal Control Officers
6. Rabies Vaccination Requirements – Dogs, Cats Ferrets
7. Vaccination for Rabies Prior to Transfer of Animal Ownership
8. Rabies Vaccination of Transient or Show Dogs, Cats, or Ferrets
9. Reporting Bites and Suspect Rabies
10. Investigations and Management of Rabies Exposure
11. Impoundment
12. Wild Animals

1. Purpose. The purpose of this regulation is to protect the public health, safety and welfare of the people and animals of Missoula County and to control and prevent the spread of rabies.
2. Authority. Sections 50-2-116(1)(f) and (g), MCA, require local boards of health to identify, assess, prevent and ameliorate conditions of public health importance and to protect the public from the introduction of and spread of communicable disease. Section 50-2-115(2), MCA, authorizes local boards of health to adopt regulations that do not conflict with regulations adopted by the Department of Public Health and Human Services for the control of communicable disease. Rabies or rabies exposure is identified as a reportable communicable disease pursuant to ARM 37.11.203.
3. Incorporation by Reference. In adopting this regulation, the Board finds that the rabies prevention and management recommendations set forth in the National Association of State Public Health Veterinarians, Inc., “2011 Compendium of Animal Rabies Prevention and Control” and in an official report of the American Public Health Association entitled “Control of Communicable Diseases Manual” provide an accepted scientific basis for regulations to prevent the spread of rabies. Therefore, the Board adopts and incorporates by reference the following publications, except where otherwise provided herein:
   (A) “2011 Compendium of Animal Rabies Prevention and Control,” authored by the National Association of State Public Health Veterinarians. A copy of the Compendium can be found on the Environmental Health Department website.
   (B) The “Control of Communicable Diseases Manual, An Official Report of the American Public Health Association” (19th edition, 2008) which lists and specifies control measures for rabies. A copy of this document may be obtained from the American Public Health Association, 800 I Street NW, Washington, DC, 20001.
4. Definitions.
   (A) Animal: Any member of the order Mammalia, all of which are capable of being infected with and transmitting rabies.
   (B) Animal Control Officer: Person designated by the Local Health Officer to enforce the provisions of this Regulation.
   (C) Animal Control Shelter: The Missoula City-County Animal Control Shelter.
   (D) Animal Shelter: A public facility that is maintained by a government entity or a private facility providing contractual services to a government entity for the purpose of impounding or harboring animals.
   (E) Animal Welfare Organization: A facility used to house or contain dogs, cats or other domestic animals and owned, operated or maintained by an incorporated humane society or animal welfare society for the prevention of cruelty to animals or other recognized 501(c)(3) non-profit organization devoted to the welfare, protection and humane treatment of such animals.
   (F) Bite: Wound made by biting where the skin has been penetrated by an animal’s teeth.
   (G) Cat: Any domestic feline animal (Felis catus).
   (H) Compendium: The 2011 Compendium of Animal Rabies Prevention and Control.
   (I) Department: The Missoula City-County Health Department and Missoula City-County Animal Control.
   (J) Dog: Any domestic canine animal (Canis familiaris).
   (K) Ferret: Any domestic ferret animal (Mustela putorius furo).
   (L) Local Health Officer: The local health officer appointed by the Missoula City-County Board of Health in accordance with §50-2-116(1)(a), MCA, or his or her designee.
   (M) Isolation: Confinement of an animal exposed or potentially exposed to rabies.
   (N) Owner: A person having the right of property or custody of an animal or who keeps or harbors an animal or knowingly permits an animal to remain on or about any premises occupied by that person. This term shall not apply to veterinarians or kennel operators who have temporary custody, for a period of less than 60 days, of animals owned by others.
   (O) Quarantine: The strict confinement of an animal in a manner that precludes any direct contact with other animals or persons other than the owner or caretaker.
   (P) Rabies Immunization: The inoculation of an animal with an anti-rabies vaccine administered by a licensed veterinarian or an employee of a licensed veterinarian under the supervision of the employing veterinarian as required by §37-18-104, MCA, in compliance with the standards of the “Compendium of Animal Rabies Prevention and Control.”
   (Q) Vaccinate and Revaccinate: “Vaccinate” has the same meaning as “Rabies Immunization.”
   (R) Vaccine: An anti-rabies vaccine in compliance with the standards set forth in the Compendium of Animal Rabies Prevention and Control.
   (S) State Veterinarian: A veterinarian employed by the Montana Department of Livestock, Animal Health Division.
5. Local Health Officer, Sheriff and Animal Control Officers.
   (A) The Local Health Officer or his or her designees or other such persons as may be authorized by the Board of Health are responsible for enforcing this regulation and are hereby vested with the power and authority to enforce it.
   (B) As provided in §7-32-2121, MCA, the Sheriff shall perform the duties of a humane officer within Missoula County with reference to the protection of animals.
   (C) As provided in §50-2-120, MCA, the Local Health Officer may request a sheriff or other peace officer to assist the Local Health Officer in carrying out the provisions of this regulation.
   (D) As provided in §50-2-122, MCA, it is unlawful to hinder a Local Health Officer in the performance of duties or to violate a quarantine regulation.
   (E) Persons designated to enforce this regulation shall bear identification issued by the Local Health Officer and shall present such identification to any person requesting it.
   (F) In carrying out the duties under this regulation, Animal Control Officers shall:
   (1) Keep and maintain adequate records of all animals impounded and of all actions taken in the course of their duties;
   (2) Seize and impound any animal as described as provided in Section 10 of this regulation.
   (3) Where this regulation requires euthanization of an animal, it shall be accomplished in a humane manner;
   (4) Document investigations conducted pursuant to this regulation and appear and testify in any administrative or judicial proceedings related to the investigation.
   (G) Every owner or occupant of property shall give a Local Health Officer or authorized representative access to property at reasonable times upon request for the purpose of making such inspections as are necessary to determine compliance with this regulation.
6. Rabies Vaccination Requirements – Dogs, Cats Ferrets.
   (A) Initial Vaccination:
   (1) Missoula County, the Owner of every dog, cat, or ferret 3 months of age or older shall have the animal vaccinated before the animal is 4 months old and thereafter in accordance with the Compendium. An animal receiving its initial vaccination is not considered effectively vaccinated for 28 days.
   (2) Unvaccinated dogs, cats, or ferrets more than 3 months of age that are acquired or moved into Missoula County must be vaccinated within 30 days of purchase or arrival unless there is documented evidence of current vaccination.
   (3) The Owner is responsible for assuring that his or her dog, cat, or ferret wears a collar or harness with identification and a durable tag indicating a current rabies vaccination and the valid year(s) of the vaccination securely attached. Dogs will be deemed to be in compliance with this requirement if they are wearing a current license tag issued by the Department.
   (B) Revaccination: The Owner of every dog, cat, or ferret shall have the animal revaccinated prior to the end of the12th month after initial vaccination. Thereafter, the interval between revaccinations should conform to the recommendations contained in the Compendium except that for dogs, only those vaccines that are approved for a tri-annual booster shall be given.
   (C) Vaccination Exemption: If, after an animal receives one initial and one booster rabies vaccination, a licensed veterinarian determines that an additional vaccination would endanger the animal’s life due to disease or other medical considerations, the animal may be exempted from the requirement for revaccination while the condition exists. The licensed veterinarian must complete and submit to the Department an Exemption From Rabies Vaccination document on a form approved by the Department. After receipt of such form, the Department shall issue a Rabies Vaccination Exemption Certificate, copies of which shall be provided to the veterinarian and the Owner of the exempted animal. If an exempted animal bites another animal or person and the Department seeks to determine the immune status of the biting exempted animal, immune status testing must be provided at the expense of the Owner. If an exempted animal bites it must be revaccinated after the quarantine period is over.
   (D) The safety and efficacy of rabies vaccination for wildlife and hybrids have not been established and no rabies vaccinations are licensed for these animals. Hybrids and wildlife animals will be treated as unvaccinated animals.
7. Vaccination for Rabies Prior to Transfer of Animal Ownership.
   (A) It is unlawful for any person to sell, adopt out, or give away any dog, cat, ferret over 3 months of age unless, such animal has been vaccinated against rabies by a licensed veterinarian.
   (B) Licensed veterinarian clinics, the Animal Control Shelter, Animal Shelters and Animal Welfare Organizations incorporated and operated under section 501(c)(3) of the Internal Revenue Code are not required to vaccinate an animal in their care, but may not sell, adopt out or give away an unvaccinated animal. As an alternative to vaccination at the time of sale, adoption or gift of the animal, licensed veterinarian clinics, the Animal Control Shelter, Animal Shelters and Animal Welfare Organizations may sell a rabies certificate to the person acquiring the unvaccinated animal for presentation to a licensed veterinarian. The licensed veterinarian may redeem the rabies certificate for costs of administration of the vaccination from the shelter issuing the certificate. The issuer of the rabies certificate must verify that the animal has been vaccinated within 30 days of sale, adoption or gift, and promptly notify Animal Control if the vaccination has not been verified.
8. Rabies Vaccination of Transient or Show Dogs, Cats, or Ferrets. Owners of dogs, cats, or ferrets who are temporarily visiting Missoula County with their dogs, cats, or ferrets or who are exhibiting a dog, cat, or ferret in competition must carry with them and be prepared, upon demand of a legal authority, to present a current certificate of rabies vaccination for each dog, cat, or ferret.
9. Reporting Bites and Suspect Rabies.
   (A) It shall be the duty of every law enforcement officer working in Missoula County, 9-1-1 personnel, and all healthcare providers serving the citizens of Missoula County to ensure that the Department is notified when animal bite victims are treated or when animal bite incidents are reported.
   (B) Any person having knowledge of any animal or person having been bitten by a dog, cat, ferret or other animal potentially exposed to rabies shall report the facts immediately to the Department.
   (C) Any person having knowledge of an animal known to have or suspected of having rabies shall report the facts immediately to the Department and the State Veterinarian.
   (D) Any person having knowledge, ownership, or control of an animal that has bitten or is suspected of biting a person or other animal shall, upon request by the Department, provide the facts and disclose any required or relevant information concerning the bite event or the animal.
10. Investigations and Management of Rabies Exposure.
    (A) The Local Health Officer must apply control measures outlined in the Control of Communicable Diseases Manual for confirmed or suspected exposures to a human by a species susceptible to rabies infection.
    (B) The local health officer must investigate each report of possible rabies exposure and gather, at a minimum, information about the circumstances of the possible rabies exposure; nature of the exposure; name, age, and address of the exposed individual; vaccination status of the animal in question; treatment of the exposed person; and eventual outcome for both animal and person involved.
    (C) As soon as possible after investigating a report of possible rabies exposure, the local health officer must inform the exposed person or the individual responsible for the exposed person if that person is a minor whether or not treatment is recommended to prevent rabies and provide a referral to a health care provider.
    (D) Whenever the circumstances involve a dog, cat, or ferret, the local health officer must either:
    (1) Authorize impoundment of the animal for observation for signs of illness during a ten-day quarantine period at an Animal Shelter, veterinary facility, or other adequate facility approved by the Department, and ensure that any illness in the animal during the confinement or before release is evaluated by a veterinarian for signs suggestive of rabies; or
    (2) If the symptoms observed are consistent with rabies, order the animal euthanized and the head sent to the Department of Livestock’s diagnostic laboratory at Bozeman for rabies analysis. The local health officer may also order an animal euthanized subsequent to isolation, and the brain analyzed.
    (E) After the quarantine period is over, the animal must be vaccinated prior to release.
    (F) If a biting animal dies during the quarantine period for any reason whatsoever, the Animal Control Officer shall have the head of the animal sent to a diagnostics laboratory for rabies testing.
    (G) If a biting animal has a current rabies vaccination, the Local Health Officer may permit the Owner to confine the animal at home in strict Quarantine for 10 days, subject to a determination by the Local Health Officer that that the Owner is cooperative, responsible, has the facilities to confine the animal in Quarantine isolation and will permit observation of the confined animal by the Department upon request. Permission for home confinement may be revoked by the Local Health Officer at any time during the confinement period.
    (H) Any dog, cat or ferret who has salivary contact with or is bitten or scratched by a bat or other wild mammal known to be a potential rabies virus carrier, will be regarded as having been exposed to rabies unless determined otherwise by diagnostic testing of the biting animal.
    (1) If exposed to a rabid animal, unvaccinated dogs, cats or ferrets must be immediately destroyed. If the Owner is unwilling to have such animal destroyed, the unvaccinated animal must be placed in strict quarantine for six (6) months, at the Owner’s expense, in a secure place designated by the Local Health Officer and vaccinated before release.
    (2) If exposed to a rabid animal, a vaccinated dog, cat or ferret shall be immediately revaccinated, leashed and/or confined to the Owner’s property for ninety (90) days. The unvaccinated animal shall be ordered to be euthanized by the Local Health Officer if the Owner does not comply with the provisions of this section.
11. Impoundment.
    (A) Animals which are subject to impoundment under this regulation include but are not limited to:
    (1) Any animal kept or maintained contrary to the provisions of the Missoula County Animal Ordinance;
    (2) Any dog running at large without a collar and tag;
    (3) A sick animal;
    (4) An abandoned or stray animal;
    (5) An animal subject to a bite investigation;
    (6) An animal to be held for quarantine or isolation;
    (7) An animal subject to home confinement as provided in 6(C).
    (8) Wild animals as provided in 12.
    (B) It is unlawful for any person to refuse or neglect to surrender any animal subject to impoundment. At the direction of the Local Health Officer, any Animal Control Officer shall seize and impound such animal at the Owner’s expense.
    (C) All animals impounded under this regulation shall be quarantined under the supervision of a licensed veterinarian or Animal Control staff at the Animal Control Shelter for the period required. The cost of impoundment shall be the responsibility of the Owner.
    (D) Animals impounded under this regulation shall be released to the Owner at the end of the quarantine period, as determined by the Local Health Officer. The Owner shall be required to pay any impoundment costs, including veterinarian evaluation or treatment and vaccination, prior to release of the animal. If an impounded animal is not claimed by its Owner and fees and costs paid, within 96 hours of the end of the quarantine or investigation period, the Owner forfeits all right, title and interest thereto to Missoula County and the animal is subject to adoption in accordance with Missoula City-County Animal Control Ordinance.
12. Wild Animals.
    (A) If a wild animal, whether unlawfully or lawfully in the possession of a person, has bitten or otherwise exposed a person to the possibility of contracting rabies, the animal may be impounded by the Local Health Officer and either quarantined or destroyed and the animal’s brain may be tested for rabies.
    (B) A lawfully possessed wild animal that is quarantined and found not to be rabid must be returned to its Owner.

Adopted 08/18/2017, Effective 09/01/2017

Table of Contents

1. Purpose
2. Authority
3. Montana Code Annotated and Rules Incorporated by Reference
4. Definitions
5. Reinspection Fees

1. Purpose. The purpose of this regulation is to prevent and eliminate conditions and practices which endanger public health in trailer courts and campgrounds.
2. Authority. Authority for this regulation is provided for in 50-2-116, MCA, under which a local health board may adopt regulations that do not conflict with those adopted by the state for the control of communicable diseases; for the removal of filth which might affect public health; to implement public health laws; and to adopt fees to administer regulations for the control and disposal of sewage from private and public buildings.
3. Montana Code Annotated and Rules Incorporated by Reference. A trailer court or campground in Missoula County shall comply with Montana Code Annotated, Title 50, Chapter 52 and the Administrative Rules of Montana Title 37, Chapter 111, Subchapter 2.
4. Definitions. The definitions set forth in MCA 50-52-101 apply to this regulation.
5. Reinspection Fees. If violations of the Administrative Rules of Montana, Title 37, Chapter 111, Subchapter 2 persist or are uncorrected after two inspections of the trailer court or campground, and the Department requires a third or subsequent inspection to evaluate compliance with the rules, the Department shall charge a reinspection fee established by the Board for each reinspection. Failure to pay the fee is a violation of this Code.