50-53-102. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Department" means the department of public health and human services provided for in 2-15-2201.

(2) "Lazy river" means a constructed watercourse through which people travel by use of flotation devices.

(3) "Local board of health" or "board" means a local board as defined in 50-1-101.

(4) "Local health officer" or "officer" means a local health officer as defined in 50-1-101.

(5) "Person" means a person, firm, partnership, corporation, or organization or the state or any political subdivision of the state.

(6) "Public bathing place" means a body of water with bathhouses and related appurtenances operated for the public.

(7) (a) "Public swimming pool" means an artificial pool and related appurtenances for swimming, bathing, wading, or other aquatic therapy or recreation, including but not limited to natural hot water pools, spas, splash decks, water slides, lazy rivers, and wave pools.

(b) The term does not include:

(i) swimming pools located on private property, including the private common area property of owner-occupied condominium developments, used for swimming or bathing only by the owner, members of the owner's family, or their invited guests; or

(ii) medicinal hot water baths for individual use.

(8) "Spa" means an artificial pool that is designed for recreational bathing or therapeutic use and that is not drained, cleaned, or refilled for individual use. A spa includes but is not limited to a therapeutic pool, hydrotherapy pool, whirlpool, hot tub, or Jacuzzi-type whirlpool bath.

(9) "Splash deck" means a constructed area over which water is sprayed but is not allowed to pool.

(10) "Tourist home" means a private home or condominium that is not occupied by an owner or manager and that is rented, leased, or furnished in its entirety to transient guests on a daily or weekly basis.

(11) "Wading pool" means a pool in which the water depth does not exceed 2 feet.

(12) "Wave pool" means a swimming pool designed for the purpose of producing wave action in the water.

History: Ap. p. Sec. 202, Ch. 197, L. 1967; amd. Sec. 24, Ch. 187, L. 1977; Sec. 69-5502, R.C.M. 1947; (1), (2)En. Sec. 2, Ch. 197, L. 1967; amd. Sec. 28, Ch. 349, L. 1974; Sec. 69-4102, R.C.M. 1947; R.C.M. 1947, 69-4102(1), (2), 69-5502; amd. Sec. 2, Ch. 646, L. 1985; amd. Sec. 1, Ch. 708, L. 1991; amd. Sec. 139, Ch. 418, L. 1995; amd. Sec. 318, Ch. 546, L. 1995; amd. Sec. 1, Ch. 93, L. 2003; amd. Sec. 9, Ch. 150, L. 2007; amd. Sec. 1, Ch. 310, L. 2007.