Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-11 - CONSTRUCTION, MAINTENANCE, AND OPERATION OF HOTELS › Section 420-3-11-.01 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Purpose - These rules are promulgated to provide definitions; to set minimum
			 standards for the construction, operation, and maintenance of hotels; to
			 provide for hotel permit issuance, suspension, and revocation; to provide for
			 inspections; and to provide for plan review and approval. These rules shall be
			 interpreted and applied to promote the protection of public health.
(2) Definitions - For the purpose of these
			 rules:
(a) "Approved" means acceptable to the
			 State Health Officer based on his/her determination as to conformance with
			 appropriate standards and good public health practice.
(b) "Bed and Breakfast" means a private
			 owner-occupied residence providing accommodations for a charge to the public
			 with no more than ten (10) guests rooms for rent. Breakfast may be provided to
			 the guests only. Bed and breakfast establishments are exempt from the Rules for
			 Construction and Maintenance and Operation of Hotels (420-3-11) and Rules for
			 Food Service Sanitation (420-3-22).
(c) "Board" means the Board of Health of the
			 State of Alabama as defined in Section
			 22-2-1,
Code of Ala.
			 1975
, or the State Health Officer or his designee, when acting for
			 the Board, for the purposes of these rules, the Bureau of Environmental and
			 Health Service Standards.
(d)
			 "Continual Violation" or "Continued Violation" means a particular condition of
			 construction, operation, or maintenance, which is found in violation of these
			 rules on two consecutive inspections or laboratory analyses.
(e) "Easily Cleanable" means surfaces that
			 are readily accessible and made of such materials and finishes and so
			 fabricated that residue may be effectively removed by normal cleaning
			 methods.
(f) "Employee" means the
			 permit holder, individuals having supervisory or management duties, and any
			 other person working in the hotel.
(g) "Equipment" means any washers, dryers,
			 ice machines, fans, air conditioning units, heaters, or any other such items
			 used in connection with the operation of a hotel.
(h) "Extensive Remodeling" means any major
			 renovation changing the existing floor plan or structure proper in any respect;
			 provided that this shall not apply to painting or refinishing of walls, floors,
			 or ceilings.
(i) "Fixtures" means
			 any sinks, bathtubs, showers, toilet fixtures, or any other such items used in
			 connection with the operation of a hotel.
(j) "Flagrant Violation" means that the
			 provisions of these rules have been violated by a hotel to the extent that the
			 earned numerical score at the time of the inspection is less than eighty; or a
			 critical condition such as improper water supply or sewage disposal system
			 operation, a severe infestation of insects or rodents, improper heater
			 ventilation or a similar condition in violation of these rules which may
			 endanger the public's health.
(k)
			 "Furnishings" means any bedding, mattresses, furniture, lamps, or any other
			 such items used in connection with the operation of a hotel.
(l) "Guest" means any person who rents and/or
			 occupies a guest room in a hotel. Hotel employees who occupy rooms on a
			 permanent basis, as part of their compensation or pay, shall not be considered
			 guests.
(m) "Guest Room" means
			 accommodations and connected bath and toilet facilities provided for use of the
			 guest.
(n) "Health Officer" means
			 the Health Officer of the county or district or area in which the hotel in
			 question is located as provided in Section
			 22-3-2,
Code of Ala.
			 1975
; or the authorized representative.
(o) "Hotel" means any establishment where
			 sleeping or sleeping and eating accommodations are advertised or held out to be
			 available to transients. It may be known as a hotel, apartment hotel, inn,
			 tavern, club, resort, tourist home, tourist court, motel, court, motor court,
			 motor lodge, or by any other like terms and regardless of the number of rooms,
			 suites or cabins available. This term shall not be construed to include
			 apartments, clubs, trailer courts, boarding houses, rooming houses, or portions
			 thereof where single night accommodations are not advertised or held out to be
			 available.
(p) "Hotel Inspector"
			 means the State Health Officer who is by law the ex-officio State Hotel
			 Inspector. It shall also include Assistant Hotel Inspectors as designated by
			 the State Health Officer and who shall be known as ex-officio Assistant Hotel
			 Inspectors.
(q) "Inspect" or
			 "Inspection" means an examination by the Hotel Inspector of the hotel's
			 structure, facilities, equipment, and operations. It shall include, but is not
			 limited to, the public and guest rooms, fixtures, furnishings, equipment and
			 utensils; water supply and waste disposal facilities; and the building's
			 surroundings. It shall also include a determination of the cleanliness and
			 maintenance of the building, furnishings, fixtures, equipment and utensils, and
			 any other examinations necessary to determine the degree to which any hotel
			 complies with the provision of these rules.
(r) "Kitchenette" means a compact kitchen
			 complete with repeat use cooking utensils and/or tableware, refrigerator,
			 microwave, stove, and/or sink.
(s)
			 "Law" means all federal, state, and local statutes, ordinances and/or
			 rules.
(t) "Manager" means the
			 person having charge of the operation of a hotel, whether such person is the
			 proprietor or his/her authorized representative.
(u) "Numerical Score" means the score
			 determined by deducting the values of all items found in violation from 100 as
			 shown on the Inspection Report Form authorized by the State Health Officer and
			 found in Appendix A.
(v) "Permit"
			 means the document issued by the Health Officer which authorizes a person to
			 operate a hotel.
(w) "Person" means
			 any individual, partnership, corporation, association or other legal
			 entity.
(x) "Proprietor" means the
			 person who is legally responsible for the operation of a hotel and to whom the
			 permit for the operation of the particular hotel is issued.
(y) "Safe Depository" means and includes a
			 safe, vault, safety deposit box, or other depository for the safekeeping of
			 valuables.
(z) "Sanitize" means the
			 effective bactericidal treatment by a process that provided enough accumulative
			 heat or concentration of chemicals for enough time to reduce the bacterial
			 count, including pathogens, to a safe level on cleaned surfaces.
(aa) "Sealed" means free of cracks or other
			 openings that permit the entry or passage of moisture.
(bb) "Single-Service Articles or Utensils"
			 means cups, containers, ice bucket liners, stirrers, paddles, straws, napkins,
			 doilies, wrapping materials and similar articles intended for one time use and
			 then discarded.
(cc) "State Health
			 Department" means the State of Alabama, Department of Public Health, as defined
			 by Section
			 22-1-1,
Code of Ala.
			 1975
, and any officer, agent or employee authorized to act for the
			 department with respect to the enforcement and administration of these
			 rules.
(dd) "State Health Officer"
			 means the State Health Officer of Alabama as provided in Section
			 22-2-8,
Code of Ala.
			 1975
; or the authorized representative.
(ee) "Utensil" means any article for
			 containing or serving beverages or food which is provided by the hotel
			 management to its guests on a repetitive or rotating basis.
Authors:
Ronald Dawsey, Tim Hatch