Cal. Civ. Code § 37.111.114

37.111.114 WATER SUPPLY RESTRICTED-USE ORDER

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/26/2026MontanaUtilities

Operative Text

Cal. Civ. Code § 37.111.114
(1) The local regulatory authority shall issue a restricted-use order to an establishment when:
(a) the Montana Department of Environmental Quality (DEQ) has issued a boil water order;
(b) fecal coliform or E. coli is detected in a nonpublic water supply sample;
(c) the total nitrate level is over 10 mg/L in a nonpublic water supply sample;
(d) a nonpublic water supply sample exceeds a maximum contaminant level as specified in ARM Title 17, chapter 38, subchapter 2;
(e) a pathogenic microorganism is detected; or
(f) a confirmed disease outbreak is associated with the water source by investigation.
(2) An establishment that is subject to a restricted-use order must provide and use a temporary source of potable water as described in (3) for guest and staff drinking, food and drink preparation and service, ice, dishwashing, food contact surface cleaning, and hand washing, or discontinue operations.
(3) With approval from the local regulatory authority, an establishment may provide potable water on a temporary basis using one or more of the following:
(a) bottled or packaged potable water from a department-licensed water bottler, or other approved water bottler, if the water is dispensed directly from the original container;
(b) water from a DEQ-approved public water supply that meets the requirements of ARM Title 17, chapter 38, subchapters 1, 2, 3, and 5, stored in a clean, sanitized, and covered potable water container or holding tank;
(c) water delivered by a department-licensed potable water hauler;
(d) if the water is fecal or E. coli contaminated, water that has been boiled for at least one minute and stored and served from a clean, sanitized, and covered container; or
(e) other source approved by the local regulatory authority.
(4) If the local regulatory authority determines that boiling water will not provide adequate potable water, it may require an establishment to use another approved method for supplying water.
(5) An establishment subject to a restricted-use order must notify guests and staff of the restricted-use order by placing a sign at each point of use, or as otherwise directed by the local regulatory authority.
(6) A water supply under a restricted-use order may not be used to make ice.
(7) An establishment subject to a restricted-use order may wash, rinse, and sanitize dishes, utensils, and equipment using the affected water system if using an approved chemical disinfectant or a commercial dish machine that reaches 180°F (82°C) in the final rinse, or as directed by the local regulatory authority.
(8) A restricted-use order may be removed by the local regulatory authority after:
(a) laboratory sampling demonstrates that the water supply is safe;
(b) the establishment flushes all pipes, faucets, and drinking fountains by running cold water for at least five minutes; and
(c) the establishment flushes, cleans, and sanitizes food and beverage equipment connected to the water supply, such as post-mix beverage machines, spray misters, coffee makers, tea urns, ice machines, glass washers, and dishwashers in accordance with manufacturer's instructions.
Source: Legislative text reproduced verbatim
Plain English

Mont. Admin. R. 37.111.114 establishes the conditions under which a local regulatory authority must issue a restricted-use order to a food or lodging establishment when its water supply is found to be unsafe—such as when a boil water order is in effect, when bacterial contamination is detected, or when nitrate or other contaminant levels exceed allowable limits. While under such an order, the establishment must either switch to an approved temporary source of potable water or cease operations entirely. The order remains in place until laboratory results confirm the water is safe and the establishment completes a prescribed flushing, cleaning, and sanitizing process.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under Mont. Admin. R. 37.111.114, operators of establishments subject to a restricted-use order are generally expected to immediately secure an approved temporary potable water source—such as bottled water, hauled water, or water from a DEQ-approved public supply—and post visible notices at every point of use informing guests and staff of the order. Compliant operators also refrain from using the affected water supply to make ice and ensure that any dishwashing using the affected system employs an approved chemical disinfectant or a commercial machine reaching 180°F in the final rinse. Lifting the order requires coordinating with the local regulatory authority, obtaining satisfactory laboratory results, and completing the full flushing and sanitizing protocol described in section (8).

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Guests and staff at establishments covered by Mont. Admin. R. 37.111.114 have a right to be notified of any restricted-use order through posted signage at each point of use, and the establishment must either provide safe, approved potable water or stop operating. If you believe an establishment is not complying with a restricted-use order—for example, by failing to post notices or continuing to use contaminated water—you may report concerns to the local regulatory authority responsible for enforcing this provision. Tenant-rights organizations or public health advocacy groups can help you understand what steps are generally available when an establishment appears to be operating in violation of section 37.111.114.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 26, 2026
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References Out

Rules and statutes cited by this regulation

Mont. Code Ann. § 50-51-103
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References In

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