50-51-103. Department authorized to adopt rules or guidelines. (1) The department may adopt rules governing the operation of bed and breakfasts, hotels, motels, roominghouses, boardinghouses, and tourist homes to protect the public health and safety.
(2) Rules applicable to a bed and breakfast, hotel, motel, roominghouse, boardinghouse, or tourist home may relate to construction, furnishings, housekeeping, personnel, sanitary facilities and controls, water supply, sewerage and sewage disposal systems, refuse collection and disposal, registration and supervision, fire and life safety, food service, staggered license expiration dates, and reimbursement of local governments for inspections and enforcement.
(3) The department may not adopt rules governing guest ranches and outfitting and guide facilities that meet the definitions in 50-51-102 but may adopt voluntary guidelines for these facilities. The guidelines must take into consideration the size, type, location, and seasonal operations of an establishment and may include only guidelines to:
(a) address that the establishment has safe drinking water and an adequate water supply;
(b) ensure an adequate and sanitary sewage system and ensure adequate and sanitary refuse collection and disposal; and
(c) address food safety concerns, such as adequate storage, refrigeration, and food handling.
(4) These guidelines must be developed through a negotiated process in cooperation with guest ranches and outfitters and guides. These guidelines are not intended to be regulatory in nature.
(5) The department shall develop guidelines for county sanitarians to provide assistance to guest ranches and outfitters and guides, and the guidelines must be tailored to the needs of each type of establishment.
(6) As provided in 7-1-113, nothing in this section prohibits a local government from adopting an ordinance that:
(a) is the same as or more stringent than rules adopted by the department under this section; or
(b) differs from the voluntary guidelines adopted by the department under this section.
History: En. Sec. 6, Ch. 18, L. 1967; amd. Sec. 5, Ch. 485, L. 1973; R.C.M. 1947, 34-306(a); amd. Sec. 2, Ch. 350, L. 1997; amd. Sec. 4, Ch. 412, L. 1997; amd. Sec. 57, Ch. 7, L. 2001; amd. Sec. 3, Ch. 334, L. 2011.
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