HomeMy WebLinkAbout21- Ordinance 2078 Adopting the Health Code
ORDINANCE 2078
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADOPTING GALLATIN CITY-COUNTY HEALTH CODE AND
ASSOCIATED FEES BY REFERENCE.
WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to establish programs and laws to protect public the health, safety and welfare of the
citizens of Bozeman; and,
WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may
exercise any power not prohibited by the constitution, law or charter and neither the Montana
Constitution, state law, or the City Charter prohibits the City Commission from adopting this
Ordinance; and
WHEREAS, pursuant to §7-5-108, MCA, the City Commission is authorized to adopt an
ordinance which incorporates by reference the provisions of any code, including a health code,
properly identified as to date and source, without setting forth the provisions in the code in full;
and
WHEREAS, the Gallatin City-County Board of Health (“Board of Health”) was created
by interlocal agreement between Gallatin County and the City of Bozeman and the Board of Health
has adopted the Gallatin City-County Health Code (“Health Code”); and,
WHEREAS, the Board of Health adopted the Health Code pursuant to its authority at §
50-2-116, MCA (2019), to adopt regulations for such public health purposes as the control and
disposal of sewage, the control of communicable diseases, for tattooing and body-piercing
establishments, and to implement the public health laws; and further adopted fee schedules for
implementation of the Health Code such as permitting and licensing review fees; and
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WHEREAS, the Montana Legislature passed, and Governor Gianforte signed into law,
House Bill 121 (“HB 121”) which became immediately effective and rescinds the authority for
local health boards to adopt regulations; instead, local boards must now propose regulations to the
local governing body for adoption. Further HB121 requires local health boards to propose for
adoption to the local governing body necessary fees to administer the regulations; and
WHEREAS, the Montana Legislature recently passed, and Governor Gianforte signed into
law, House Bill 257 (“HB 257”) which became effective immediately, is retroactive, and
supersedes portions of HB 121, but includes the same requirement that health boards now propose
for adoption regulations and fees to a local governing body; and
WHEREAS, pursuant to HB 121 and HB 257, the Board of Health is limited to
recommending for adoption by the “local governing body” regulations and fees as authorized by
§50-2-116, MCA; and
WHEREAS, the Bozeman City Commission and the Gallatin County Commission qualify
as a “local governing body” under HB 121 and the Board of Health in Resolution 2021-003 has
recommend that the City and County Commissions adopt the Health Code and the associated fees
ordinance; and
WHEREAS, the Board of Health has represented that it followed the requirements in
§50-2-130, MCA, and made written findings, after a public hearing and public comment, before
adopting wastewater rules that are more stringent than state rules or guidelines, as described in the
Health Code, Chapter 3, Section 3; and
WHEREAS, it is necessary for public health and safety, preservation of the environment,
and continuity of daily operations by the Gallatin City-County Health Department that the Health
Code, including the fee schedules, remain in effect and enforceable; and
WHEREAS, the City Commission therefore agrees with the Board of Health’s
recommendation that the City of Bozeman adopt the Health Code and associated fees by reference
to ensure the continued protection of the public health and environment and does so adopt the
Health Code on a permanent basis until amended or modified.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
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Section 1
The Bozeman City Commission hereby adopts the following chapters of the Gallatin City-
County Health Code and the associated fees by reference, excluding only those sections
specifically identified below:
A. Chapter 1 – General Provisions (Effective 10/27/2018), excluding:
i. Section 4 Adopting, Amending, and Repealing Local Health Rules
ii. Section 5 Emergency Local Health Rules
B. Chapter 2 - Regulations for Licensing and Inspection of Establishments and Facilities
Including Retail Food, Wholesale Food, Cottage Food, Hotels, Motels and Rooming Houses,
Public Pools, Trailer Courts and Campgrounds, Tattooing and Body Piercing Establishments
(Effective 08/26/2017) (adopted in whole).
C. Chapter 3 - Regulations for Wastewater Treatment Systems (Effective Date 08/23/2015)
(adopted in whole).
Section 2
Pursuant to § 7-5-109, MCA, violation of this Ordinance is a misdemeanor and is
punishable by a fine not to exceed Five Hundred Dollars ($500.00), imprisonment of no more than
six (6) months in the county jail, or both. This Ordinance may be enforced by any law enforcement
officer with jurisdiction.
In addition, this Ordinance may be enforced by the provisions of MCA Title 50, Chapter
2, and by all civil remedies available in law and equity, including injunctive relief to enjoin
violations hereof.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
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Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City.
Section 7
Effective Date.
Pursuant to the provisions of §7-5-108, MCA, the Bozeman City Clerk shall notice this
Ordinance and shall make at least one copy available to the public upon the first reading and
approval hereof. The City Clerk shall also make available at least one copy of the Health Code for
public use, inspection, and examination. Such copy shall be made available to the public for a
period of 30 days prior to the final adoption of this Ordinance.
This Ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 18th day of May, 2021.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading at a regular session therefor held on the 13th day of July,
2021.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
________________________________
GREG SULLIVAN
City Attorney
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1
Gallatin City-County Health Code
Chapter 1
GENERAL PROVISIONS
Effective October 27, 2018
Gallatin City-County Health Department
215 West Mendenhall
Bozeman, MT 59715
(406) 582-3100 or (406) 582-3120
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HEALTH CODE CHAPTER 1
REGULATIONS
Section 1
PURPOSE, JURISDICTION, AND DUTIES
1.1 The Health Code is intended to make existing laws more accessible and understandable,
and it provides local regulations that comply with State law. The Health Code also
coordinates requirements of the Montana Code Annotated (MCA) and the Administrative
Rules of Montana (ARM).
1.2 The Gallatin City-County Board of Health (Board) was established pursuant to Sec. 50-2-
106, MCA and an Interlocal Agreement between the City of Bozeman and Gallatin County
(adopted May 7, 1997). The Board's jurisdiction covers all of Gallatin County, including
the municipalities of Belgrade, Bozeman, Manhattan, Three Forks, and West Yellowstone.
1.3 The Board is a separate legal entity distinct from Gallatin County and the City of Bozeman,
and neither the Board nor its staff is under the direct control or supervision of either entity.
1.4 The Board’s general powers and duties are set forth in Sec. 50-2-116, MCA. Specific
statutory powers and duties are codified in Title 50, MCA and are identified throughout
the Health Code.
1.5 The Health Officer has the general powers and duties as set forth in Sec. 50-2-118, MCA.
Specific statutory powers and duties are codified in Title 50, MCA and are identified
throughout the Health Code. The Health Officer also has such powers and duties as
established by the Board, and s/he is responsible for the administration and enforcement of
the Health Code.
Section 2
GENERAL ACRONYMS AND DEFINITIONS
Unless the context requires otherwise, the following acronyms and definitions apply for this
Health Code:
2.1 "Appeal" means the process by which a person may challenge the Health Officer’s
actions, refusal to act, the justifications for a determination, or present other evidence to
the Board: (1) as allowed by Title 50, Chapters 50, 51, 52, 53, and 57, MCA; or (2) for
other written decisions of the Health Officer made pursuant to the Health Code or law.
2.2 "ARM" means the Administrative Rules of Montana.
2.3 "Board" or "Local Board" means the Gallatin City-County Board of Health.
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2.4 "Chair" means the chairperson of the Board as set forth and appointed under the Board’s
Bylaws.
2.5 "Day" means a calendar day, unless otherwise specified.
2.6 "DEQ" means the Montana Department of Environmental Quality.
2.7 "DPHHS" means the Montana Department of Public Health and Human Services.
2.8 "Emergency Local Health Rule" means a Local Health Rule adopted pursuant to Section
5 of this Chapter 1.
2.9 "Filed" or “Recorded” means recorded with the Gallatin County Clerk and Recorder in
the permanent records of that office.
2.10 "GCCHD" means the Gallatin City-County Health Department, through which the Board
conducts its daily business.
2.11 "Health Code" means the compiled Local Health Rules.
2.12 "Health Officer" means the Gallatin City-County Health Officer employed by the Board
or his or her designee.
2.13 "Hearing” means any quasi-judicial hearing before the Board that involves an
adjudicatory function and the exercise of judgment and discretion in making a decision,
such as the Board’s consideration of a variance request.
2.14 "Local Health Rule" means a regulation adopted by the Board and collectively
comprising the Health Code.
2.15 "MCA" means the Montana Code Annotated.
2.16 "Meeting" means the convening of a quorum of the membership of the Board.
2.17 "Post" or "Posted" means placing notices or other information in conspicuous places for
public view at no less than the following places:
A) Gallatin County Courthouse, Bozeman
B) GCCHD, Bozeman
C) GCCHD website
When Posting is required by the Health Code, Affidavits of Posting shall be prepared and
kept on file at the GCCHD.
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2.18 "Publish" or "Published" means, unless otherwise specified in the Health Code or by
applicable law or regulation, publication in accordance with § 7-1-2121, MCA. When
Publication is required by the Health Code, Affidavits of Publication shall be prepared and
kept on file at the GCCHD.
2.19 "Proposal” as used in this Chapter 1, means a request to adopt, amend, or repeal a Local
Health Rule.
Section 3
MEETING, HEARING & APPEAL PROCEDURES
3.1 The following procedures apply to all Meetings unless otherwise specified by law:
A) All Meetings shall be open to the public in accordance with Montana law.
B) A Meeting may be closed in accordance with § 2-3-203, MCA or as otherwise
allowed by law upon the request of a Board member or its legal counsel. After such
request, a Board member shall move to close the meeting pursuant to § 2-3-203,
MCA or the applicable law. The Board shall then vote on the motion and make
appropriate findings.
C) Agenda for all Meetings must be approved in advance by the Chair. Excluding
subcommittee meetings, the agenda shall be Posted and published in the Bozeman
Daily Chronicle at least two (2) business days in advance of the Meeting.
D) For subcommittee meetings, the agenda shall be Posted at least two (2) business
days in advance of the subcommittee meeting.
E) Meeting minutes shall be approved by the Board at a subsequent meeting.
F) If any portion of a Meeting is closed, the minutes of that portion of the Meeting
must be kept confidential and should be signed by each individual member of the
Board in private. The closed meeting minutes may then be approved by the Board
at a subsequent meeting by reference to the closed meeting minutes.
3.2 The following procedures apply to all Hearings unless otherwise specified by law.
A) Hearings before the Board shall follow the procedures set forth in this Section 3.2,
except for Hearings regarding Appeals.
B) Hearings regarding Appeals shall follow the “Appeal Rules of the Gallatin City-
County Board of Health,” which are attached hereto as Appendix 1. The Appeal
Rules may be amended from time to time by the Board upon public notice.
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C) Notice of a Hearing shall be Published. Confirmation of the publication shall be
sent to the Health Officer and EHS Director.
D) Staff shall send notice of a Hearing to the property owner and all adjacent property
owners by regular mail at least 6 days before the Hearing.
E) Any documents and materials that a party to a Hearing or a member of the public
would like considered by the Board should be submitted to the GCCHD at least
five (5) business days in advance of the Hearing.
F) A party to a Hearing may request, upon good cause, postponement of a Hearing
date. The request shall be in writing to the Chair and state the reasons why the
postponement is necessary. The Chair shall grant or deny the request. Requests
for postponement made at the Hearing shall be decided by the Board. The party
making the request for postponement shall be responsible for any costs associated
with re-noticing the matter.
G) If any party to a Hearing fails to appear at the Hearing, and good cause justifying
postponement is not shown, the Board may hear and decide the matter and make a
determination on the evidence then available.
H) Unless established otherwise by the Chair, the order of presentation at a Hearing
shall be as follows:
i. Staff presentation
ii. Applicant presentation
iii. Public comment
iv. Staff rebuttal
v. Applicant rebuttal
vi. Board discussion and decision.
I) The Chair may determine, given the complexity of the issues, time limitations for
each presentation made to the Board.
J) Hearings shall be conducted at the discretion of the Chair. The Chair may require
witnesses to make an oath or affirmation in order to present evidence or testimony.
K) GCCHD staff shall present the relevant issues to the Board. Such presentation
should be documented by a written report and materials deemed relevant for the
Board’s consideration. GCCHD staff shall compile and present all written public
comment received up to the time of the Hearing. The members of the Board shall
disclose any public comment not presented by GCCHD staff.
L) The Board may approve, deny, or continue a Hearing to a later date.
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M) Once the Board approves or denies a matter, GCCHD staff shall prepare a final
written decision. The written decision may include Findings and Conclusions of
Law and must be signed by the Chair. The written decision also may incorporate
by reference the reasons for the decision that are pronounced verbally by the Board
at the Hearing. The Health Officer, as Board Secretary, shall attest the written
decision.
N) The original, signed written decision shall be maintained and kept on file with the
GCCHD. The Health Officer shall provide copies of the decision to all parties to
the Hearing.
O) As part of his/her official duties, the Health Officer shall record all written decisions
on behalf of the Board in the office of the Gallatin County Clerk & Recorder.
P) A final written decision of the Board may be appealed to an appropriate court or
tribunal in accordance with applicable law. The appeal period begins to run on the
date the Chair signs the written decision.
Q) The official record of a Hearing consists of the written minutes, all written materials
and comments entered into the record during the proceeding, all comments and
statements made orally during the proceeding, and, if available, the audio recording
of the Hearing.
Section 4
ADOPTING, AMENDING, AND REPEALING LOCAL HEALTH RULES
4.1 The Montana Legislature has not specified the procedures by which a board of health can
adopt, amend, or repeal Local Health Rules. Therefore, the following procedures have
been designed to comply with the Montana Constitutional and statutory mandates for open
meetings and public participation in governmental decisions of significant public interest.
See Montana Constitution Article II, Sections 8 and 9, Sec. 2-3-103(1), MCA, and Sec. 2-
3-111, MCA. These procedures give the Board maximum input, from the public and from
those most affected, before Proposals are adopted.
4.2 The Health Officer, GCCHD staff, and Board subcommittees may prepare draft Proposals.
Interested persons may give suggestions to the Health Officer to give to the Board.
GCCHD staff may informally consult with persons who will be affected by Proposals for
viewpoints and advice. The Board may appoint interested persons to one or more
committees to advise the Board and staff.
4.3 Proposals shall have a heading and be numbered, beginning with "01" each calendar year.
No more than one comprehensive subject shall be clearly stated in the title.
4.4 Proposals shall be presented to the Board at a first and second reading. The second reading
shall occur no less than twelve (12) days after the first reading of the Proposal. If the
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Proposal adopts, amends, or repeals a Local Health Rule that incorporates by reference the
provisions of any federal or state statute or regulation, then at least thirty (30) days must
pass between the first and second reading.
4.5 GCCHD staff shall Publish and Post notice of a Proposal in substantially the following
form:
GALLATIN CITY-COUNTY BOARD OF HEALTH
NOTICE OF [FIRST/SECOND] READING ON PROPOSED LOCAL
HEALTH RULE No.
[ADOPTION, AMENDMENT, or REPEAL]
A) A brief statement of the subject and issues involved;
B) The rationale for the Proposal;
C) Where the Proposal may be reviewed and copies obtained;
D) First reading: date, time, and place;
E) Second reading: date, time, and place;
F) That interested persons may give written comments to GCCHD staff to be given to
the Board, or they may provide public comment at the first or second reading, or
both;
G) The anticipated effective date if the Proposal is adopted after the second reading;
and
H) The name, address, and phone number of a person who may be contacted for further
information.
4.6 Notice of a Proposal shall be Published prior to all readings.
4.7 Notice of a Proposal shall be Posted at least ten (10) days before and until the day of all
readings.
4.8 The first reading and second reading should be guided by the following order:
A) Staff Presentation: The Health Officer or GCCHD staff shall present the Proposal.
The Proposal should be read aloud and, if no Board member objects, it may be
summarized.
B) Public Comment: The Health Officer or GCCHD staff shall read into the record
any public written comments received in advance of the Meeting. If comments are
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lengthy, they may be summarized. Members of the public also may provide oral
comment or submit written comment at the Meeting.
C) Board Discussion & Decision: The Board shall discuss the Proposal and consider
the public's written and oral comments. Board members may direct questions to
GCCHD staff or members of the public. The Board may approve or deny a Proposal
by majority vote
4.9 The Board may correct clerical errors, minor mistakes, and make minor wording changes
at any time before a Proposal is adopted, without special notice or the need for another
reading. A majority of the Board shall determine if a change is "minor".
4.10 The Board may continue the reading to a subsequent hearing in order to make substantive
changes to the Proposal or for other good cause, such as to accept additional public
comment.
4.11 If the Board makes substantive changes to a Proposal, then notice of the changes must be
Published and Posted, and the revised Proposal shall be considered at a subsequent reading.
4.12 A Proposal shall become effective thirty (30) days from its second reading or, if more than
two readings are held, from its final reading (i.e. a second or third reading).
4.13 The signed, original Local Health Rule shall be maintained along with the Proposal file
(containing the Affidavits of Publishing and Posting, the written public comments and
other documents as directed by the Board) in the records of the GCCHD. The GCCHD
shall make copies available upon request and may charge such costs as allowed by Title 2,
Chapter 6, Part 10, MCA or applicable law.
4.14 If an adopted, amended, or repealed Local Health Rule incorporates by reference the
provisions of any federal or state statute or regulation, at least one copy of the statute or
regulation that is incorporated by reference must be kept on file at the GCCHD for the
public’s use, inspection, and examination.
Section 5
EMERGENCY LOCAL HEALTH RULES
5.1 The Board may adopt an Emergency Local Health Rule at a Meeting without following the
procedures set forth in Section 4 if:
A) The Board finds that a Local Health Rule must be adopted to deal with an
emergency situation affecting the public health, safety, or welfare; and
B) The Board finds that the emergency cannot be averted or remedied by any other
administrative act; and
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C) At least two-thirds of the Board votes to approve the Local Health Rule.
5.2 The Emergency Local Health Rule must end on a date specified by the Board, but no longer
than ninety (90) days after its adoption.
5.3 The Emergency Local Health Rule shall become effective immediately.
5.4 The Emergency Local Health Rule must be maintained in the records of the GCCHD and
made available for the public’s use, inspection, and examination.
5.5 Notice of an emergency Local Health Rule shall be prepared in substantially the same form
as provided by Section 4.5 of this Chapter 1.
5.6 Notice of an emergency Local Health Rule shall be published in the Bozeman Daily
Chronicle and Posted as soon as possible after its adoption by the Board. The Posting shall
last for the entire time that the Emergency Local Health Rule is in effect.
5.7 Notice of an emergency Local Health Rule also must be faxed or emailed to the major local
media as determined by the Board and to the DPHHS Communicable Disease Control and
Prevention Bureau Chief.
Section 6
FEES
The Board may adopt fees that are fair and reasonable for permits, department services,
special inspections, plan reviews, tests, certificates, and registrations established by the
Health Code. The fee scheduled adopted by the Board is attached hereto as Appendix 2. The
Board may amend the Fee Schedule, and any other fees adopted by the Board, from time to
time upon public notice.
Section 7
SEVERABILITY
If a provision of the Health Code is determined or made to be invalid by a court of competent
jurisdiction or the legislature of this state, all valid provisions that are severable shall remain in
effect. If a provision is determined or made to be invalid in one or more applications, that
provision shall remain in effect for all valid applications.
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Appendix 1
Appeal Rules of the
Gallatin City-County Board of Health
Section 1
AUTHORITY & PURPOSE
1.1 The Gallatin City-County Board of Health (“Board”) is authorized to adopt the following
rules governing the transaction of its meetings pursuant to §50-2-116, Montana Code
Annotated (MCA).
1.2 These rules provide the procedures by which appeal hearings shall be conducted before the
Board and are adopted as an addendum to the Board’s Bylaws.
1.3 These rules govern all appeals over which the Board has jurisdiction.
1.4 Should these rules conflict with any procedural requirement set forth in any law or
Regulation, such conflict shall be resolved in favor of the law or Regulation.
Section 2
DEFINITIONS
2.1 As used in these rules, the following definitions apply:
A. Appeal. The process by which a person may challenge the Health Officer’s actions,
refusal to act, the justifications for a determination, or present other evidence to the
Board:
i. As allowed by Title 50, Chapters 50, 51, 52, 53, and 57, MCA; or
ii. For other written decisions of the Health Officer made pursuant to Regulation or law.
B. Appeal Notice. The written document by which a person initiates an Appeal.
C. Board. The Gallatin City-County Board of Health.
D. Chair. The chairperson of the Board as set forth and appointed under the Board’s Bylaws.
E. Health Officer. The individual appointed by the Board as the local health officer,
pursuant to § 50-2-116(1)(a), MCA, or an agent of the Health Officer.
F. Person. An individual or legally formed entity.
G. Regulation. Any regulation promulgated by the Board.
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Section 3
GENERAL PROVISIONS
3.1 For any Appeal required to be held pursuant to the contested case provisions of the Montana
Administrative Procedure Act, the Board waives formal proceedings and submits to the
informal disposition provisions of § 2-4-604, MCA and these rules.
3.2 For Appeals under Section 2.1(A)(i), the Person filing the Appeal may waive formal
proceedings by submitting a written waiver to the Board. If a written waiver is not made, the
Appeal shall be adjudicated formally under Section 4.
3.3 Appeals under Section 2.1(A)(i), for which the Person filing the Appeal has waived formal
proceedings, and Appeals under Section 1.2(A)(ii) shall be adjudicated informally as set forth
in Section 5.
3.4 Unless otherwise set forth in applicable law or Regulation, an Appeal Notice, addressed to
the Board, shall be delivered to the Health Officer within 30 calendar days after the issuance
of the written decision of the Health Officer that is appealed.
3.5 Upon receipt of an Appeal Notice, the Health Officer shall schedule an appeal hearing before
the Board and notify the Chair of the Appeal. The hearing shall be scheduled to occur no later
than 45 calendar days from receipt of the Appeal Notice, or within such greater period of
time as agreed to by the parties.
3.6 Within a reasonable time after the appeal hearing is scheduled, the Chair or hearings
examiner shall issue to the parties a hearing notice that includes:
A. A statement of the time, place, and nature of the appeal hearing;
B. A statement of the legal authority and jurisdiction under which the appeal hearing is to be
held;
C. A reference to the particular sections of the statutes and Regulation involved;
D. A short and plain statement of the matters asserted; and
E. For an Appeal under Section 2.1(A)(i), a statement that formal adjudication may be
waived pursuant to Section 3.2.
3.7 In any Appeal, the Board shall affirm, modify, or reverse the decision of the Health Officer.
3.8 Notwithstanding the statutory requirement that appeals of certain decisions be
administratively adjudicated under the contested case provisions of the Montana
Administrative Procedure Act, the Board is not an “agency” under § 2-4-102(2)(b), MCA and
an Appeal is not a “contested case” under § 2-4-102(4), MCA. Therefore, in adopting these
rules, the Board does not consent to, nor does it waive any right to assert that it is not subject
to, judicial review of the Board’s decision of an Appeal under Title 2, Chapter 4, Part 7,
MCA (“Judicial Review of Contested Cases”).
3.9 An Appeal does not stay the decision of the Health Officer that is appealed.
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Section 4
FORMAL ADJUDICATION
4.1 The formal adjudication of an Appeal shall be heard pursuant to the contested case provisions
of Title 2, Chapter 4, Part 6, MCA and the model rules of practice adopted by the Montana
Attorney General for contested case proceedings and set forth at Chapter 1, Subchapter 2 of
the Administrative Rules of Montana (ARM), which model rules are hereby incorporated by
reference.
4.2 The Chair shall immediately appoint a hearings examiner upon notice of an Appeal to be
formally adjudicated.
Section 5
INFORMAL ADJUDICATION
5.1 The informal adjudication of an Appeal shall be heard pursuant to the following rules or such
additional rules as promulgated by the Board.
5.2 The Chair may appoint a hearings examiner to conduct the appeal hearing before the Board
and in lieu of the Chair.
5.3 Within 15 calendar days from the Board’s receipt of an Appeal Notice, or within the
timeframe otherwise agreed to by the parties to the Appeal, the Chair or hearings examiner
shall conduct a conference with the parties to the Appeal to define issues, determine
witnesses, and establish other stipulations.
5.4 The Chair or hearings examiner may continue the date set for an appeal hearing for good
cause, upon oral request or in writing, for a reasonable period of time, in order to secure all
the evidence that is necessary or to be fair to the parties.
5.5 If any party fails to appear at an appeal hearing, and good cause justifying a continuance is
not shown, the Board may decide the issues and make a determination on the best evidence
available.
5.6 If the Appeal does not involve a disputed issue of material fact, the parties may jointly
stipulate in writing to waive the proceedings and may directly petition the district court for
judicial review upon an agreed statement of facts and a statement of the legal issues or
contentions of the parties upon which the court, together with any additional information it
may consider necessary to fully review the issues, may make its decision.
5.7 During the appeal hearing, the Board shall give effect to the rules of privilege recognized by
law. Irrelevant, immaterial, or unduly repetitious evidence must be excluded, but all other
evidence of a type commonly relied upon by reasonably prudent persons in the conduct of
their affairs is admissible, whether or not the evidence is admissible in a trial in the courts of
Montana.
5.8 Any part of the evidence may be received in written form, and all testimony of parties and
witnesses must be made under oath. Hearsay evidence may be used for the purpose of
supplementing or explaining other evidence, but it is not sufficient in itself to support a
finding unless it is admissible over objection in civil actions.
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5.9 Unless established otherwise by the Chair or hearings examiner, the order of presentation at
an appeal hearing shall be as follows:
A. Appellant presentation;
B. Staff presentation;
C. Public comment;
D. Staff rebuttal;
E. Appellant rebuttal;
F. Board discussion and decision.
5.10 The presiding officer or hearings examiner may determine, given the complexity of the
issues, time limitations for each presentation made to the Board.
5.11 At the conclusion of the hearing the Chair or hearings examiner shall prepare written
Findings of Fact and Conclusions of Law for the Board upon the evidence produced during
the proceedings.
5.12 The Findings of Fact and Conclusions of Law shall include a statement of the substance of
the evidence received or considered by the Board, the written or oral statements of the parties
or other persons, relevant law and Regulation, and the proceedings. The written Findings of
Fact and Conclusions may incorporate by reference the reasons for the Board’s decision that
are pronounced verbally by the Board at the appeal hearing.
5.13 The Board shall accept, reject, or modify in whole or in part the Findings of Fact and
Conclusions of Law at the next regularly scheduled meeting of the Board, unless for good
cause shown, this period of time is extended for an additional time not to exceed 30 calendar
days. The Chair shall then sign the Findings of Fact and Conclusions of Law, which shall
become final.
5.14 The Chair or hearings examiner shall provide a copy of the Findings of Fact and Conclusions
of Law to the parties.
5.15 A party may object in writing to the Findings of Fact and Conclusions of Law, or may order
at that party's cost a transcription of the recording, or both.
5.16 The record of the appeal hearing shall include the following items:
A. Appeal Notice;
B. Hearing notice;
C. Evidence offered or considered, any objections and rulings thereon, and all comment and
testimony entered into the record or made during the appeal hearing, whether orally or in
writing;
D. Audio recording of the appeal hearing;
E. Written minutes; and
F. Findings of Fact and Conclusions of Law.
5.17 The decision of the Board set forth in the Findings of Fact and Conclusions of Law may be
appealed to an appropriate court or tribunal in accordance with applicable law.
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Appendix 2
Environmental Health Services
Fee Schedule
(Effective: October 27, 2018)
General Fees
Base Rate for Services .....................................................................
$84 per hour
Community/Group Home Inspection ............................................
$126
Day Care Application .....................................................................
$126 + Day Care Inspection
Day Care Inspection (MCA 52-2-735) ...........................................
$25
Site Visit / Re-inspection / Requested Inspection ..........................
$84 per hour
Establishment Fees
Health Code Chapter 2
Example:
A 750 sq. foot new retail food establishment is subject to Application review ($252) + Pre-operational inspection
($126) = $378 (payable to Gallatin City-County Health Department).
State Issued Annual License Fee = $115 (payable to MDPHHS collected at pre-operational inspection).
Application Review
Food Establishment - Retail and Wholesale
Up to 750 sq. feet or Mobile Unit .........................................
751 sq. ft. to 2,500 sq. ft. ......................................................
>2,500 sq. ft. .........................................................................
Caterer or Manufacturer using ..............................................
licensed commissary kitchen
$252 + Pre-operational Inspection
$336 + Pre-operational Inspection
$420 + Pre-operational Inspection
$252 + Pre-operational Inspection
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Food Establishment - Multi-Department Fee
(Base Fee + Fee for each Department)
Base Fee ................................................................................
Up to 750 sq. ft. or Mobile Unit ...........................................
751 sq. ft. to 2,500 sq. ft. ......................................................
>2,500 sq. ft. .........................................................................
Hotels, Motels, and Rooming Houses
Hotel/Motel with guest only food service facilities ..............
Motel/Hotel with no food service, ........................................
Bed and Breakfast, Tourist Home, Rooming House ............
$420 + Pre-operational inspection
$252
$336
$420
$252 + Pre-operational inspection
$168 + Pre-operational inspection
$168 + Pre-operational inspection
Public Pools and Swimming Areas / Spas ...............................
Review done by Department of Public Health
and Human Services (DPHHS)
Application review and pre-operational
inspection fees paid to DPHHS (contact
DPHHS for amount)
Tourist Campgrounds and Trailer Courts .............................
$168 + Pre-operational inspection
Tattooing and Body Piercing ...................................................
$168 + Pre-operational inspection
Minor Application Review
Basic Ownership Change .......................................................
Commissary Change ..............................................................
Already licensed caterer, mobile unit or wholesale /
manufacturer moving to a different licensed facility
Wholesale/Manufacturing and Retail ...................................
Addition of wholesale license to currently licensed retail
facility or if both new establishments reviewed at same
time (Retail = full review, Wholesale = minor review)
Piercing and Tattooing ..........................................................
Addition of a 2nd license to a currently licensed body
art facility or if both licenses are applied for at the
same time (1st license = full review, 2nd license = minor
review)
$84 + Pre-operational inspection
$84 + Pre-operational inspection
$84 + Pre-operational inspection
$84 + Pre-operational inspection
Miscellaneous
Education Course (4 hour) .........................................................
Exemption Request ....................................................................
$20
$84
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Extension Request ......................................................................
Hazard Analysis and Critical Control Points (HACCP) ..
Pre-operational Inspection (based on 1 ½ hours) .....................
$84
$336
$126 + Base Rate for each
additional hour
License, Registration or Permit (All are owner and location specific)
Payable to Gallatin City-County Health Department (GCCHD)
Body Art License
Body Piercing ........................................................................
Ear Lobe Piercing Only .........................................................
Tattooing ................................................................................
Body Art Temporary Event ...................................................
Delinquent ..............................................................................
Cottage Food Operation Registration ......................................
Temporary Food Service Event Permit
Small (1-2 employees) ...........................................................
Large (3 or more employees) .................................................
$135
$75
$135
$84 + PO Inspection
$25
$40
$85
$115
License (All are owner and location specific)
Payable to Montana Department of Public Health & Human Services (MDPHHS)
Food Service
Retail Food Small (1-2 employees) .......
Retail Food Large
(3 or more employees) ....................
Wholesale/Manufacturing ......................
Public Accommodation
Hotel Small (1 to 10) .............................
Hotel Medium (11 to 25) .......................
Hotel Large (>25) .................................
$85
$115
$115
$40
$80
$160
Pool & Spa
Pool ............................................
Spa .............................................
Trailer Court / Campground
Trailer Court Small (1 to 10) .....
Trailer Court Medium (11 to 25)
Trailer Court Large (>25) ..........
Work Camp ................................
Youth Camp ...............................
$200
$ 75
$40
$60
$120
$40
$40
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Wastewater Treatment System Fees
Health Code Chapter 3
Permit Fee
New ................................................................................................................
Replacement ..................................................................................................
Upgrade/Extension ........................................................................................
Multiple User .................................................................................................
Commercial ...................................................................................................
Public .............................................................................................................
Public/Commercial System Component Fee .................................................
Experimental ..................................................................................................
Tanks Only ....................................................................................................
Unpermitted WWTS ......................................................................................
$375 + Review Fee
$375 + Review Fee
$375 + Review Fee
$485 + Review Fee
$485 + Review Fee
$485
$320
$590 + Review Fee
$320 + Review Fee
$375
Review Fee
Lots Not Requiring Site Evaluation ...............................................................
Lots Requiring Site Evaluation ......................................................................
Additional Review Fee ..................................................................................
Application & Permit Modifications .............................................................
Design or Drainfield Location Change ..........................................................
Application or Auth. To Construct Extension ...............................................
$140
$275
$200
$140
$275
$84
Miscellaneous Fees
Competency Exam/Registration
Installer Competency Exam .....................................................................
Site Evaluator Exam ................................................................................
Registration Fee .......................................................................................
Homeowner Installation Exam ................................................................
Variance Application
First Variance Request .............................................................................
Each Additional Variance Request ..........................................................
$200
$275
$84
$105
$690
$290
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HEALTH CODE CHAPTER 2
Regulations for
Licensing and Inspection of Establishments and
Facilities Including
Retail Food, Wholesale Food, Cottage Food, Hotels,
Motels and Rooming Houses,
Public Pools, Trailer Courts and Campgrounds,
Tattooing and Body Piercing
Establishments
Effective August 26, 2017
Gallatin City-County Health Department
Environmental Health Services
215 West Mendenhall, Room 108
Bozeman, MT 59715
(406) 582-3120
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Health Code Chapter 2
Regulations for Licensing and Inspection of Establishments and Facilities Including
Retail Food, Wholesale Food, Cottage Food, Hotels, Motels and Rooming Houses,
Public Pools, Trailer Courts and Campgrounds, Tattooing and Body Piercing
Establishments
Section 1
GENERAL PROVISIONS
1.1 The Board is formed in accordance with Sec. 50-2-106, MCA and has the powers and
duties set forth in Sec. 50-2-116, MCA.
1.2 The authority and scope of these regulations are based on various provisions of
Montana law set forth in Title 50, MCA. The intent the Board is to adopt regulations
that do not conflict with applicable law.
1.3 Purposes:
A) The Board finds that health and safety risks are associated with persons providing
retail (sold directly to the consumer) and wholesale food (not directly sold or
distributed to the consumer) to the public and that regulation is required to prevent
and eliminate conditions and practices that endanger public health. It is therefore
the Board’s intent to set forth processes and standards that are necessary for the
prevention of the transmission of food borne illnesses in order to safeguard public
health so that food does not become a vehicle in a disease outbreak or in the
transmission of disease, such as botulism and Hepatitis A. These regulations also
intend to prevent other types of potentially life threating situations, such as
physical or chemical contamination of food and to require retailers and
wholesalers provide safe, properly protected, and honestly presented foods.
B) The Board finds that sanitation and safety of public accommodations including
hotels, motels, and rooming houses affect the public health and it is necessary to
adopt regulations to prevent and control the spread of disease and encourage safety
and welfare of the public. In addition, the Board, by adopting these regulations
wishes to encourage conditions and practices in public accommodations that do
not endanger public health.
C) The Board finds that sanitation and safety of public swimming pools and public
bathing places affect public health and safety. The Board finds it necessary to
adopt regulations for processes and standards necessary for the prevention of
transmission of disease including the promotion of water clarity, water
disinfection, proper pH levels and bacteriological standards for the prevention of
pathogenic organisms and to minimize the risk of injury from factors including
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physical entrapment and toxic chemical exposure and by use of adequate
lifesaving and safety equipment.
D) The Board finds that health and safety risks are associated with persons providing
food in a temporary manner or cottage food products to the public and that
regulation is required to prevent and eliminate conditions and practices that
endanger public health. The Board’s intent is to set forth processes and standards
necessary for the prevention of the transmission of food borne illnesses in order to
safeguard public health so that food does not become a vehicle in a disease
outbreak or in the transmission of disease, such as botulism and Hepatitis A. The
Board finds it is beneficial to the health of the public to regulate these operations
in order to prevent or eliminate unsanitary and unhealthful conditions and practices
that may endanger public health, undisclosed allergens and other potentially life
threating situations.
E) The Board finds that public health and safety risks are associated with operating
certain campgrounds, trailer courts, work camps, and youth camps. The Board
finds it is necessary to adopt regulations to set forth processes and standards
necessary for the prevention of transmission of disease and to prevent or
eliminate unsanitary or unhealthful conditions, such as contaminated drinking
water and inadequate sewage disposal along with other conditions and practices
that may endanger public health.
F) The Board finds that health and safety risks are associated with the procedures
and practices of tattooing and body piercing. Safe and sanitary conditions of
tattooing, piercing and other body modification practices are necessary for the
prevention of the transmission of blood borne pathogens such as Hepatitis B virus
and human immunodeficiency virus as well as other potentially life threatening
diseases. These regulations intend to protect public health, safety and welfare by
setting forth processes and standards for the practice of tattooing and piercing.
1.4 These regulations apply to Gallatin County, Montana.
1.5 In order to implement public health laws of the State of Montana, the Board adopts the
following, in its current edition, by reference, unless otherwise specified herein, and
also prospectively adopts any amendments made thereto:
A) Chapters 110, 111, and 115 of Title 37, ARM (hereinafter “State Regulations”)
and the legislative authority for such State Regulations. If applicable, the phrase
“department” in any State Regulations may also mean the Board or Health
Officer. The State Regulations and corresponding statutory authority set forth in
the MCA (Title and Chapter) is also adopted herein as those provisions pertain
to the regulation of:
i. Retail Food Establishments (50-50)
ii. Temporary Retail Food Establishments (50-50)
iii. Hotels, Motels and Rooming Houses (50-51)
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iv. Public Pools and Swimming Areas (50-53)
v. Tourist Campgrounds and Trailer Courts (50-52)
vi. Wholesale Food Establishments (50-57)
1.6 For the purpose of the Board regulating Tattooing and Body Piercing Establishments,
Chapter 112 of Title 37, ARM of the State Regulations is adopted by reference pursuant
to Sec. 50-48-203, MCA, in its current edition, unless otherwise specified herein, and the
Board also prospectively adopts any amendments made thereto. The legislative authority
for such State Regulations is also adopted. If applicable, the phrase “department” in any
State Regulations may also mean the Board or Health Officer.
1.7 The Board regulates Cottage Food Operations through Registration and pursuant to Secs.
50-50-116, 117, 121, MCA.
1.8 The Board authorizes the Health Officer, as defined herein, to administer and enforce
these regulations.
1.9 This Regulation contains a Fee Schedule for services which the Board has authority to
regulate. The Fee Schedule shall be adopted simultaneously with this Regulation by
resolution of the Board. Amendments to the fee schedule may be made by resolution
upon proper notice pursuant to Sec. 7-1-2121, MCA. Fees are set by statute or other
applicable law or shall be reasonable and related to the cost of providing the service
including the actual costs incurred for licensure, inspection, enforcement, training, or
administration.
1.10 For orderly administration and enforcement of these regulations the Board may adopt
policies consistent with these regulations and Montana law.
1.11 The Health Officer may develop procedures consistent with these regulations and
Board policies to provide the means and methods for EHS to assist in the
administration and enforcement of these regulations.
1.12 Unless otherwise defined in State Regulations or otherwise defined in these
regulations, the following definitions apply throughout:
“Apply” or “Application” is the act of any Person in the attempt to obtain any
Validation, License, permit, Registration or authorization. A request from DPHHS for
Validation is considered an Application.
“Applicant” is a person or individual who Applies or makes Application, or an
agent thereof.
“ARM” is the Administrative Rules of Montana.
“Board” is the Gallatin City-County Board of Health.
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"Cottage Food Operation" is the provision, manufacture, or packaging of Cottage Food
Products only in a kitchen in a registered area of a domestic residence and only for direct
sale to a consumer in this state by an individual.
"Cottage Food Products" are foods that are not potentially hazardous and are
processed or packaged in a Cottage Food Operation, including jams, jellies, dried fruit,
dry mixes, and baked goods.
“DPHHS” is the Department of Public Health and Human Services for the State
of Montana as provided for in Section 2-15-2201, MCA.
“EHS” is the Gallatin City-County Health Department, Environmental Health
Services, an agent of the Health Officer.
“Establishment” is a specific geographic location or specific facility open to the
public or private offering goods or services for which an Application is made, for
which a person obtains a License or Registration or which is subject to these
regulations or Montana law. Establishment may be further defined in State
Regulations.
“Health Officer” is the individual appointed by the Board as the Health Officer
pursuant to Section 50-2-116(1)(a), MCA or an agent of the Health Officer.
“License” means a written document issued by DPHHS and validated by the Health
Officer authorizing operation of an Establishment or a written document issued by
Board through the Health Officer authorizing operation of an Establishment.
“Licensee” is a person who obtains a License.
“MCA” means Montana Code Annotated.
“Person (person)” means an individual, business association, limited liability
company, partnership, corporation, government, or other legal entity.
“Registration (Registered)” means the act of the Health Officer after a person
applies for registration for a Cottage Food Operation pursuant to Sec. 50-50-
117, MCA.
“Registered Area” means the portion of a domestic residence that has been Registered in
which food ingredients intended for Cottage Food Products are transported or stored or the
domestic residence kitchen where Cottage Food Products are processed, packaged, or
stored.
"Temporary food establishment" means a retail food establishment that either: (a)
operates at a fixed location for no more than 21 days in conjunction with a single event or
celebration; or (b) uses a fixed menu and operates within a single county at a recurring
event or celebration for no more than 45 days.
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“Validation” is the act of the Health Officer to recognize, establish or affirm a
License issued by DPHHS as required by law.
1.13 A) A person is subject to all remedies available under law for failure to comply with
or for violation of these regulations or the State Regulations.
B) A person violates these regulations or does not comply with the rules set forth in
these regulations if the person operates, controls or uses an Establishment without a
License or Registration.
1.14 A Validation, Registration or License may be denied if an Applicant does not
comply with other agencies, districts, or governmental entity’s bylaws, ordinances,
laws, rules or regulations.
1.15 In any case where a provision of these regulations conflicts with a provision of any
law; zoning, building, fire, safety or health ordinance; regulation or code of the federal,
state or a local government, the Health Officer shall interpret these regulations to
establish the greater protection of public health, safety and welfare.
1.16 If any section, subsection, paragraph, sentence, clause, or phrase of the regulation should
be declared invalid for any reason whatsoever, such decision shall not affect the
remaining portions of these regulations, which shall remain in full force and effect.
1.17 These regulations supersede and replace Chapter 2 of the Gallatin City-County Health
Code on the date they are adopted and in effect. These regulations repeal all of Chapter
4 of the Gallatin City-County Health Code on the date they are adopted and in effect.
Section 2
APPLICATION, AUTHORIZATION, LICENSING AND VALIDATION PROCESS
2.1 In order to obtain a License or Registration an Applicant must Apply on forms
provided by DPHHS or the Health Officer and pay all associated fees.
2.2 The Health Officer will determine if an Application is complete. If the Application is
complete, it will be processed and evaluated in accordance with law. The Health Officer
will issue a Validation, Registration or License upon determination that the Application
complies with these regulations or Montana law.
Any Validation, Registration or License may be reasonably conditioned by the Health
Officer if such conditions are consistent with State Regulations and state and federal
law. Conditions may include requirements for certain Licensees, Applicants or those
with a Registration to display the common name of any food item and all contact
information.
2.3 The Health Officer may invalidate, revoke, or recommend revocation of any License,
Registration, Validation, or authorization upon good cause shown that a provision of
these regulations, State Regulations, local ordinances or state and federal law has not
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been followed. The Health Officer may deny an Application, Registration or Validation
or may invalidate, revoke, recommend revocation, suspend, or modify any Validation,
Registration or License, permit, authorization, approval, or registration for any person
who has:
A) Failed or refused to comply with the provisions of these regulations or any
other law; or
B) Obtained or attempted to obtain a permit or any other required certificate or
approval by fraud, misrepresentation, purposeful omission or submits false or
inaccurate information in support of its Application.
Section 3
SUBSTANTIVE PROVISIONS
3.1 Temporary Food Establishments
A) Temporary food establishments shall be operated in compliance with the
State Regulations and the corresponding statutory authority set forth in these
regulations and shall Apply for a License as set forth in these regulations.
B) Bona fide nonprofit entities are exempt from fee and Registration if such entity
is only operating the equivalent of a Cottage Food Operation.
3.2 Food Hazards
A) The Board finds it necessary to protect against public health hazards by
imposing the following specific requirements regarding hazardous foods. The
Board will document the conditions that necessitate the imposition of additional
requirements and the underlying public health rationale. The documentation
shall be provided to any Applicant or other person upon request and shall be
maintained in files maintained by EHS for the Board.
B) The Board finds the following products are potentially hazardous and the Board
or Health Officer may impose reasonable conditions upon any Licensee or
those with a Registration:
i. Fresh squeezed juices
a) must be discarded within 24-hours.
ii. wild-harvested mushrooms.
3.3 Body Art
A) The Health Officer on behalf of the Board shall report annually to DPHHS on the
number of establishments that it licenses and regulates.
3.4 General Substantive Provisions and Clarifications
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A) In order to comply with State Regulations, Retail Food Establishments must
have sewage and drinking water systems that are approved in accordance with
applicable local and state statutes, regulations and ordinances. Any approval by
the Health Officer under any regulations of the Board may be conditioned on:
i. written documentation or records to ensure that the sewage system is
functioning and maintained properly including all necessary permits
or approvals from State and local entities.
ii. adequate equipment or procedures to properly collect and dispose of
fats, oils and grease. The Health Officer may approve the location,
size, applicability of minimum plumbing standards and the type of
grease separation unit.
iii. approval of a public water system under applicable local and state statutes,
regulations and ordinances.
iv. written documentation or records to ensure that any water system
is functioning and maintained properly, including permits under
applicable local and state statutes, regulations and ordinances.
Section 4
INSPECTIONS AND ENFORCEMENT
4.0 The Health Officer may ask for assistance from the Gallatin County Code Compliance
Specialist for investigation of violations of these regulations.
4.1 The Health Officer may conduct inspections: in accordance with relevant law, to
protect against the introduction and spread of disease, for conditions of public health
importance, or to ensure the removal of filth or other contaminants that might cause
disease or adversely affect public health.
4.2 In enforcement of these regulations, the Health Officer may:
A) Convene a meeting with an Applicant, Licensee or other person operating an
Establishment where an Establishment does not conform with these
regulations.
B) Issue enforcement notices or orders directed to an Applicant, Licensee or
other person operating an Establishment causing or responsible for the
violation of these regulations including:
1) Ordering corrective measures necessary to effect compliance with these
regulations which may include a compliance schedule;
2) Ordering work on or the use of any Establishment to stop until all
necessary Licenses, permits, approvals and registrations are
obtained;or
3) Invalidation, denial, suspension, modification, or revocation of
Licenses, permits, approvals, or Registrations.
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C) Initiate civil or criminal actions, including a request for the assessment of
penalties or fines allowed by law.
D) Report violations to DPHHS for enforcement.
4.3 Any enforcement order issued under this section shall:
A) Be in writing and may contain a basic legal property description of the
parcel(s) of land upon which the Establishment is located.
B) Name the person or persons to whom the order is directed.
C) Briefly describe each action or inaction constituting a violation of these
regulations or other relevant law.
D) Specify any required corrective action, if applicable.
E) Specify the effective date of the order, with time or times of compliance.
F) Provide notice of the consequences of failure to comply. Such notices may
include a statement that continued or repeated violation may subject the
violator to:
1) Invalidation, denial, suspension, or revocation of any License,
permit, approval, or Registration;
2) Request for civil enforcement and prosecution in court; or
3) Other appropriate remedies including a report of violation to DPHHS.
G) Provide the name, business address, and phone number of an appropriate staff
person who may be contacted regarding an order.
4.4 Enforcement orders should be served in the manner of service of a summons in a civil
action or sent by certified mail or in another manner showing proof of receipt.
4.5 The Board shall hear appeals which allege error of any written decision of the Health
Officer. Appeals shall be conducted in accordance with regulations, rules and policies
the Board establishes for that purpose. An appeal to the Board must be made within 30
calendar days after receiving written notice of the Health Officer and the Board shall
either affirm, modify or reverse the decision of the Health Officer.
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HEALTH CODE CHAPTER 2 FEES
RETAIL FOOD, WHOLESALE FOOD, COTTAGE FOOD, HOTELS, MOTEL AND ROOMING HOUSES, PUBLIC
POOLS, TATOOING AND BODY PIERCING, TOURIST CAMPGROUNDS,
AND TRAILER COURT ESTABLISHMENTS
Base Rate for Services…………………………………………………………………………… $84.00
Pre-operational inspection (based on 1 ½ hours)…………………………………. $126.00 + base rate for each
additional hour
Example: A 750 sq. foot new retail food establishment is subject to Plan Review (252.00) + Pre-operational
inspection ($126) + State Issued Annual License Fee ($115.00) = $493.00
PLAN REVIEW
MINOR REVIEW
Description Fee
Retail and Wholesale Food Establishment
Up to 750 sq. feet or Mobile Unit
751 sq. ft. to 2,500 sq. ft.
>2,500 sq. ft.
Caterer or Manufacturer using licensed commissary
kitchen
Multi-Department Establishment Fee
(Base Fee + Department Fees)
Base Fee
Up to 750 sq. ft. or Mobile Unit
751 sq. ft. to 2,500 sq. ft.
>2,500 sq. ft.
$252.00 + Pre-operational inspection
$336.00 + Pre-operational inspection
$420.00 + Pre-operational inspection
$252.00 + Pre-operational inspection
$420.00 + Pre-operational inspection
$252.00
$336.00
$420.00
Hotels, Motels, and Rooming Houses
Hotel/Motel with guest only food service facilities
Motel/Hotel with no food service,
Bed and Breakfast, Tourist Home, Rooming House
$252.00 + Pre-operational inspection
$168.00 + Pre-operational inspection
$168.00 + Pre-operational inspection
Public Pools and Swimming Areas Performed by Department of Public Health and
Human Services
Tourist Campgrounds and Trailer Courts
$168.00 + Pre-operational inspection
Tattooing and Body Piercing
$168.00 + Pre-operational inspection
Description Fee
Hazard Analysis and Critical Control Points (HACCP) $336.00
Basic Ownership Change
$84.00 + Pre-operational inspection
Licensed Caterer or Manufacturer Commissary Review
$84.00 + Pre-operational inspection
Manufacturer/Retail Review
(addition of 2nd license to already licensed facility or if
both new establishments reviewed at the same time)
$84.00 + Pre-operational inspection
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OTHER FEES
TATOOING AND BODY PIERCING ANNUAL LICENSE FEE
ANNUAL STATE LICENSING FEES (Licenses expire every year on December 31st )
Description Fee
Site Visit (based on 1 ½ hour/visit)
Owner/operator requested
$126.00 + base rate for each additional hour
Cottage Food Operation Registration
$40.00
Temporary Food Service Event
Small (1-2 employees)
Large (3 or more employees)
$85.00
$115.00
Exemption Request
$84.00
Extension Request
$84.00
Education Course (4 hour)
$20.00 per individual
Description Fee
Tattooing $135.00
Body Piercing
$135.00
Ear Lobe Piercing Only
$75.00
Temporary Body Art Event
$84.00 + Pre-operational inspection
Delinquent Fee
$25.00
Description Fee
Retail Food Establishments
Small (1-2 employees)
Large (3 or more employees)
$85.00
$115.00
Wholesale Food or Beverage
$115.00
Hotels, Motels, & Rooming Houses
Up to 10 room
11 to 25 rooms
26 or more
$40.00
$80.00
$160.00
Tourist Campgrounds and Trailer Courts
Up to 10 room
11 to 25 rooms
26 or more
Work camps
Youth camps
$40.00
$60.00
$120.00
$40.00
$40.00
Public Pools & Swimming Areas
Pool
Spa
$200.00
$75.00
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HEALTH CODE CHAPTER 3
Regulations for
Wastewater Treatment Systems
Effective August 23, 2015
Gallatin City-County Health Department
Environmental Health Services
215 West Mendenhall, Room 108
Bozeman, MT 59715
(406) 582-3120
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Health Code Chapter 3
Regulations
Section 1
GENERAL PROVISIONS
1.1 The Gallatin City-County Board of Health (“Board”) recognizes the importance of the proper treatment and
disposal of wastewater. Wastewater has been shown to contaminate ground water and surface water
(drinking water). Fecal matter in wastewater can transmit parasites, bacteria and viruses to drinking water.
Such contamination can cause diseases such as dysentery, infectious hepatitis, typhoid, paratyphoid, and
various diarrheal infections. Wastewater has also been shown to carry many chemicals at levels that are
above background conditions and which are known to directly or indirectly cause health hazards.
Examples include ammonia, ammonium, nitrate, nitrite, phosphate, metals, pharmaceuticals, and personal
care products. The regulations in Chapter 3 have been developed using standards which are based on
proven technology for the siting, design, construction, installation, and maintenance of wastewater
treatment systems, and are adopted to assist with the proper treatment and disposal of wastewater in order
to reduce potential public-health hazards.
1.2 The authority and scope of these regulations are based on Title 50, Chapter 2, Part 1, Montana Code
Annotated (“MCA”). These regulations apply to Gallatin County, Montana.
1.3 The Board adopts the following by reference in its current edition and also prospectively adopts any
amendments made thereto by the State of Montana:
A) Administrative Rules of Montana (“ARM”) Section 17.36, Subchapter 9 (“Treatment Rules”); and
B) Circular DEQ 4, “Montana Standards for Subsurface Wastewater Treatment Systems.” (“DEQ 4”)
1.4 The Board authorizes the Health Officer to administer and enforce these regulations.
1.5 Section 50-2-116, MCA allows the Board to charge reasonable and necessary fees for services as
determined by the Board. This Regulation contains a Fee Schedule for services. Fees adopted in these
regulations are based on, but do not exceed, the actual cost of service as determined by Gallatin County.
1.6 For orderly administration and enforcement of these regulations the Board may adopt policies consistent
with these regulations and Montana law.
1.7 The Health Officer may develop procedures consistent with these regulations and Board policies to provide
the means and methods for EHS to assist in the administration and enforcement of these regulations.
1.8 These regulations govern those individual, multiple-user, commercial and certain types of public
subsurface wastewater treatment systems set forth in DEQ 4.
1.9 As used in these regulations the following definitions apply:
Apply the act of any person who owns real property, in order to obtain any permit or authorization for a
WWTS. In order to Apply a person must provide the Health Officer a COSA or a Site Evaluation.
Applicant one who Applies or makes Application or an agent thereof.
As-built a post-construction drawing, which accurately depicts WWTS components and other on-site
features.
Authorization to Construct upon issuance this authorization allows the construction, repair,
replacement, or alteration of a WWTS.
C & R Gallatin County Clerk and Recorder’s Office.
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Certificate of Subdivision Approval (COSA)a certificate issued by MDEQ pursuant to 17-36-110,
ARM reviewing and approving real property which requires a water supply and sewer (also known as
Release of Sanitary Restrictions (RSR)).
EHS Gallatin City-County Health Department, Environmental Health Services, an agent of the Health
Officer.
Final Approval is granted upon review and acceptance of the System Certification and an As-built.
Health Officer the individual appointed by the Board as the Health Officer pursuant to Section 50-2-
116(1)(a), MCA or an agent of the Health Officer.
Installer an individual possessing a valid Registration of Competency to construct, repair, replace, or
alter a WWTS based on demonstration of sufficient evidence of competence to install WWTS components
in accordance with manufacturer’s instructions and requirements of DEQ 4.
MDEQ the Montana Department of Environmental Quality.
Permit Number the number assigned in sequential fashion by the Health Officer which applies to both an
Applicant’s individual Authorization to Construct and Permit to Operate a single WWTS.
Permit to Operate upon Final Approval the authorization to operate a WWTS.
Person (person) an individual, business association, limited liability company, partnership, corporation,
government, or other legal entity.
Registration of Competency a registration issued by the Health Officer to an individual who has
demonstrated sufficient evidence of competence as required in DEQ 4 to perform Site Evaluations or to be
an Installer in Gallatin County.
Site Evaluation the act of evaluating the location of a proposed WWTS in accordance with DEQ 4. The
Health Officer, in accordance with DEQ 4, may require prior authorization to conduct a Site Evaluation
including any corresponding ground water monitoring. A Site Evaluation shall disclose the location of any
previous or existing WWTS for a Tract of Record.
Site Evaluator an individual who holds a Registration of Competency to perform Site Evaluations or an
individual is qualified as a Site Evaluator based solely on the individual’s education, licenses or credentials
that satisfy DEQ 4.
System Certification a written acknowledgment that a WWTS or component(s) was installed in
accordance with the Authorization to Construct and applicable regulations.
Tract of Record a discrete parcel of real property as defined in Section 76-3-103(16)(a), MCA.
Unpermitted WWTS any WWTS that does not have Authorization to Construct or Permit to Operate.
Wastewater “Wastewater” located in Gallatin County, Montana as defined in the Treatment Rules.
WWTS a “Wastewater treatment system” located in Gallatin County, Montana as defined in the
Treatment Rules including any pipes, conduits, or other stationary method by which water, sewage, or solid
wastes might be transported or distributed through the system.
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1.10 A person violates these regulations or does not comply with the rules set forth in these regulations if the
person:
A) Constructs, repairs, replaces, or alters a WWTS unless the person holds an Authorization to
Construct.
B) Allows, promotes or facilitates the construction, repair, replacement or alteration of a WWTS
without an Authorization to Construct.
C) Operates or uses a WWTS without a Permit to Operate.
D) Generates or disposes of Wastewater in a manner or with a WWTS that does not comply with
DEQ 4, in violation of the Treatment Rules, or without a Permit to Operate the WWTS.
1.11 A Permit to Operate may be subject to no more than a 5-year termination date from the date of issuance for
re-examination to determine compliance with these regulations
1.12 An Authorization to Construct or a Permit to Operate may be denied if an Applicant does not comply with
other agencies, districts, or other governmental entity’s bylaws, ordinances, laws, rules or regulations.
1.13 An Authorization to Construct will only be issued if the following are properly recorded with the C & R:
A) A Tract of Record where the WWTS will be located; and
B) A COSA or a Health Officer approval (if applicable) for the Tract of Record where the
WWTS will be located.
1.14 A WWTS authorization or permit governs only the installation and operation of wastewater treatment
systems. A WWTS approval or inspection by the Health Officer does not guarantee the workmanship,
operation or longevity of any system. Subdivision covenants are not enforceable under these regulations.
No WWTS approval or permit is considered a building permit or any other permit that may be required by
other agencies to build in Gallatin County.
1.15 An Application or request for assistance with a Site Evaluation or ground water monitoring establishes the
Applicant’s consent to allow the Health Officer or agents thereof to enter the property for determining
compliance with state and local approvals and regulations.
1.16 Any new construction, repair, replacement, or alteration of any portion of or all of an existing WWTS, or
change in use of improvements to real property, may require that the entire system meet these regulations for
location, design and construction of a WWTS based on a determination of the Health Officer regarding
substantial compliance with these regulations, Montana law and the health, safety and welfare of the public.
1.17 The Health Officer shall apply the Treatment Rules, DEQ 4 and these regulations to any Application
notwithstanding the terms of any COSA that applies to the real property. For the purpose of evaluating any
Application, the Health Officer shall assume that any COSA requirements are for one single-family
dwelling per Tract of Record if not already specified in the COSA.
1.18 The owner of the property served by the WWTS is responsible for system operation and maintenance in
accordance with the Treatment Rules, DEQ 4 and these regulations. The Health Officer may require proof
of compliance with these regulations.
1.19 In any case where a provision of these regulations is in conflict with a provision of any law, zoning,
building, fire, safety or health ordinance, regulation or code of the federal, state or a local government the
Health Officer shall interpret these regulations to establish the greater protection of public health, safety
and welfare.
1.20 If any section, subsection, paragraph, sentence, clause, or phrase of the regulation should be declared
invalid for any reason whatsoever, such decision shall not affect the remaining portions of these
regulations, which shall remain in full force and effect.
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Section 2
AUTHORIZATION AND PERMITTING PROCESS
2.1 In order to obtain an Authorization to Construct an Applicant must Apply on forms provided by the Health
Officer and pay all fees. The Application may be denied if it does not comply with these regulations.
2.2 Upon receipt of a complete Application the Health Officer will:
A) Determine if a COSA has been recorded with the C & R with sufficient information to
determine compliance with these regulations; or
B) Review and verify a Site Evaluation to determine if suitable conditions exist for on-site
wastewater treatment and disposal.
2.3 The Health Officer will issue an Authorization to Construct and issue a Permit Number upon determination
that the Application complies with these regulations. An Authorization to Construct is valid for 24 months
unless modified upon showing of good cause to the Health Officer.
2.4 The Applicant must schedule an inspection with the Health Officer after installation of WWTS components
by the Applicant.
2.5 A System Certification and As-built must be submitted to the Health Officer. Upon review of the System
Certification and As-built, and determination of compliance with these regulations, the Health Officer will
grant Final Approval and the Authorization to Construct becomes a Permit to Operate.
A) An Unpermitted WWTS may receive a Permit to Operate and Permit Number when it is likely that
public health will not be adversely affected after the Health Officer applies consistent criteria and
standards in order to determine substantial compliance with these regulations and Montana law.
B) The Health Officer is authorized to adopt procedures to issue an Authorization to Construct, Permit
to Operate or Permit Number for a WWTS in exigent or other circumstances in order to protect the
public health after the Health Officer applies consistent criteria and standards in order to determine
substantial compliance with these regulations and Montana law. The Health Officer may
reasonably condition any such permit, approval or registration.
2.6 An Authorization to Construct or Permit to Operate may be reasonably conditioned by the Health Officer if
such conditions are consistent with the Treatment Rules and DEQ 4.
2.7 In evaluating an Application, the Health Officer shall take an abandoned WWTS or components thereof into
consideration when identified in a Site Evaluation or by inspection. The Health Officer may condition any
new Authorization to Construct or Permit to Operate on providing proof that WWTS components including
septic tanks, grease traps, dosing tanks or pumping chambers are emptied by a person licensed by MDEQ to
do so and:
A) Removed and disposed of at an approved facility;
B) Filled with sand, gravel or soil and buried in place or
C) Crushed and buried in place.
2.8 A Permit Number may be issued for a permit or authorization of another governmental authority in order to
create a record of a WWTS.
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2.9 The Health Officer may invalidate or revoke any permit or authorization upon good cause shown that a
provision of these regulations, the Treatment Rules or DEQ 4 have not been followed. The Health Officer
may deny an Application or may invalidate, revoke, suspend, or modify any permit, authorization,
approval, or registration for any person who has:
A) Failed or refused to comply with the provisions of these regulations or any other law
regulating the operation of a WWTS; or
B) Obtained or attempted to obtain a permit or any other required certificate or approval by fraud,
misrepresentation, purposeful omission or submits false or inaccurate information in support of
its Application.
Section 3
SUBSTANTIVE PROVISIONS
3.1 A WWTS or a WWTS for which a Permit Number is issued must comply with the Treatment Rules, DEQ 4
and these regulations in order to obtain or maintain an Authorization to Construct or Permit to Operate.
3.2 The following regulations in this subsection are more stringent than the Treatment Rules and requirements
of DEQ 4. The Health Officer shall maintain specific records of the Board’s written findings which are
based on evidence in the record made after a public hearing and public comment that these regulations: 1)
protect public health and the environment; 2) can mitigate harm to the public health or environment; and
3) are achievable under current technology. The Health Officer’s records must show the basis of the findings
from information and peer-reviewed scientific studies that form the basis for the Board's conclusion. The
written findings must also include information from the hearing record regarding the costs to the regulated
community that are directly attributable to these Regulations that are more stringent than the Treatment
Rules and requirements of DEQ 4.
A) Systems installed in medium sand, sandy loam soils with percolation rates faster than 10 mpi or
with application rates greater than or including 0.6 gpd/ft2 must be pressure dosed.
B) To construct, repair, replace, or alter a WWTS a person must hold a valid Registration of
Competency as an Installer.
3.3 The Health Officer may require monolithic, sealed or ballasted tanks in high ground water areas in order to
meet the requirements of DEQ 4.
3.4 Public Wastewater Treatment Systems: Plans for public WWTS shall be reviewed and approved by MDEQ
pursuant to Section 75-6-102, MCA and the Health Officer will issue a Permit Number based on approved
MDEQ plans. Replacement or additional system components not covered under the originally MDEQ
approved design may require a review and local approval prior to construction.
Section 4
ENFORCEMENT AND VARIANCES
4.1 The Health Officer may ask for assistance from the Gallatin County Code Compliance Specialist for
investigation of violations of these regulations.
4.2 The Health Officer may:
A) Convene a meeting with an Applicant or owner of property with a WWTS that does not
conform with these regulations.
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B) Issue enforcement notices or orders directed to the owner or operator of a WWTS or other
person causing or responsible for the violation of these regulations including:
1) Ordering corrective measures necessary to effect compliance with these regulations
which may include a compliance schedule;
2) Ordering work to stop on or the use of any WWTS or portion thereof until all necessary,
permits, approvals and registrations are obtained; or
3) Invalidation, denial, suspension, modification, or revocation of permits, approvals, or
registrations.
C) Initiate civil or criminal actions, including a request for the assessment of penalties or fines
allowed by law.
4.3 Any enforcement order issued under this section shall:
A) Be in writing and contain a basic legal property description of the parcel(s) of land.
B) Name the person or persons to whom the order is directed.
C) Briefly describe each action or inaction constituting a violation of these regulations or other
relevant law.
D) Specify any required corrective action, if applicable.
E) Specify the effective date of the order, with time or times of compliance.
F) Provide notice of the consequences of failure to comply. Such notices may include a
statement that continued or repeated violation may subject the violator to:
1) Invalidation, denial, suspension, or revocation of any permit, approval, or registration;
2) Request for civil enforcement and prosecution in court; or
3) Other appropriate remedies.
G) Provide the name, business address, and phone number of an appropriate staff person who may
be contacted regarding an order.
4.4 Enforcement orders should be served in the manner of service of a summons in a civil action or sent by
certified mail or in another manner showing proof of receipt.
4.5 As per 17.36.922, ARM, the Board will hear variance requests from the Treatment Rules and DEQ 4. The
Health Officer may provide additional forms and charge fees for consideration of a variance.
4.6 If a variance request is approved, the Board’s findings will be filed at the C & R’s office for the subject
property.
4.7 If a variance is denied, the Application is denied, and any new proposal must start with a new Application.
When a variance is denied the Applicant may appeal to MDEQ under Section 75-5-305, MCA.
4.8 The Board shall hear appeals which allege error of any written decision of the Health Officer. Appeals
shall be conducted in accordance with regulations, rules or policies the Board establishes for that purpose.
An appeal to the Board must be made within 21 days of a written decision of the Health Officer and the
Board shall either affirm, modify or reverse the decision of the Health Officer.
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