Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 285 - Lodging Establishments › Subchapter 1 - General Provisions › Section 310:285-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Bedding"
means mattresses, sleeper sofas,
				  mattress covers, mattress pads, bedskirts, quilts, blankets, sheets, pillows,
				  pillow cases, comforters and spreads.
"Cabin"
means a single structure where sleeping
				  accommodations are furnished to the transient, traveling, or vacationing
				  public. A group of less than four (4) cabins, at the same location and under
				  the same ownership shall be exempt from this chapter.
"Certified applicator"
means any individual who
				  is certified under
				  7
				  U.S.C., Section 136(e)(1) or
				  by the Oklahoma State Department of Agriculture Food and Forestry as authorized
				  to use or supervise the use of any pesticide that is classified for restricted
				  use. Any applicator who holds or applies registered pesticides or uses
				  dilutions of registered pesticides consistent with the product labeling only to
				  provide a service of controlling pests without delivering any unapplied
				  pesticide to any person so served is not deemed to be a seller or distributor
				  of pesticides.
"Clean"
means free of visible stains, dirt,
				  dust, sludge, foam, slime (including algae and fungi), mold, rust, scale,
				  mineral deposits, accumulation of impurities, food debris, and other foreign
				  material.
"Commissioner"
means the State Commissioner of
				  Health and authorized representatives or designated agents thereof.
"Continental breakfast"
means a morning meal
				  consisting of no more than the food items described in OAC
				  310:285-5-6(a)
				  and this Chapter, or an authorized agent thereof.
"Department"
means the Oklahoma State Department
				  of Health and a health department designated in writing by the State
				  Commissioner of Health to perform official duties or other acts authorized
				  under 63 O.S. § 1- 101 et seq.
"Employee"
means the permit holder, individuals
				  having supervisory or management duties and any other person working in a
				  lodging establishment whose duties include the cleaning of rooms, toilets,
				  linens, utensils, or any part of the building or the rendering of any service
				  to guests.
"EPA-registered"
means any chemical or
				  substances, including sanitizers, sterilizers, biocides, or other substances
				  which must be registered with the United States Environmental Protection Agency
				  under 7 U.S.C. §
										136
				  et seq. prior to their distribution and use by industry and consumers.
"Food"
means any raw, cooked, or processed
				  edible substance, ice, beverage or ingredient used or intended for use or for
				  sale in whole or in part for human consumption.
"Guest room"
means any room in a lodging
				  establishment which is offered for occupancy on a daily basis or for a period
				  of less than thirty (30) days.
"Housekeeper's cart"
means a vehicle which is
				  used to transport cleaning materials, room supplies, clean and soiled linens
				  and refuse.
"Imminent health hazard"
means a significant
				  threat or danger to health that is considered to exist when there is evidence
				  sufficient to show that a product, practice, circumstance, or event creates a
				  situation that requires immediate correction or cessation of operation to
				  prevent injury based on the number of potential injuries, and the nature,
				  severity, and duration of the anticipated injury.
"Infestation"
means the presence of vermin,
				  which includes but is not limited to bed bugs, cockroaches, or rodents, which
				  is indicated by observation of living or dead vermin or vermin carapace, eggs
				  or egg casings, or the typical brownish or blood spotting on linens,
				  mattresses, or furniture, or the presence of vermin droppings.
"Kitchenette"
means a room or area within a
				  single guest room of a lodging establishment that has the following amenities:
(A) A kitchen sink supplied with hot and cold potable water;
(B) Properly vented cooking facilities such as a microwave
				  oven, convection oven, or stove;
(C) An easily cleanable, non-porous counter for food
				  preparation;
(D) A refrigerator capable of holding 41°F or less; and
(E) A cupboard or other kitchen cabinetry.
"Law"
means state statutes and rules.
"Lodging establishment "
means and includes any
				  hotel, motel, tourist court, apartment house, rooming house or other place
				  where sleeping accommodations are furnished or offered for pay for transient
				  guests, if four (4) or more rooms are available therein for transient guests.
"Person"
means any individual, partnership,
				  corporation, association, or other legal entity.
"Person in charge"
means the individual present
				  in a lodging establishment who is the supervisor of the lodging establishment
				  at the time of inspection. If no individual is the supervisor, then any
				  employee present is the person in charge.
"Physical facilities"
means the structure and
				  interior surfaces of a lodging establishment including accessories such as soap
				  and towel dispensers and attachments such as light fixtures and heating or air
				  conditioning system vents.
"Potable water"
means water which is safe for
				  human consumption in that it is free from impurities in amounts sufficient to
				  cause disease or harmful physiological effects and, for the purpose of this
				  definition, approved by the Department of Environmental Quality prior to
				  serving to the general public.
"Premises"
means the physical establishment, its
				  contents, and the contiguous land or property under the control of the license
				  holder which operated as a single business.
"Putrescible"
means capable of being decomposed
				  by microorganisms with sufficient rapidity as to cause nuisances from odors or
				  gases.
"Ready-to-eat food"
means a food product that is
				  intended to be consumed without any further preparation or cooking processes.
"Regulatory authority"
means a representative,
				  such as an onsite inspector, of the Department.
"Restricted use pesticide"
means a pesticide
				  product that contains the active ingredients specified in
				  40 CFR
				  152.175, pesticides classified for restricted
				  use, and pesticides limited to use by or under the direct supervision of a
				  certified applicator.
"Sanitization"
means effective bactericidal
				  treatment by a process that provides enough accumulative heat or concentration
				  of chemicals for enough time to reduce the bacterial count, including pathogens
				  to a safe level as determined by applicable state and federal requirements on
				  utensils and equipment.
"Sewage"
means liquid waste containing animal or
				  vegetable matter in suspension or solution and may include liquids containing
				  chemicals in solution.
"Single-service articles"
means cups,
				  containers, lids, closures, knives, forks, spoons, stirrers, paddles, straws,
				  wrapping materials, and similar utensils intended to be discarded after one
				  use.
"Substantial compliance"
means a level of
				  compliance with the requirements of participation such that any identified
				  deficiencies pose no greater risk to resident health or safety than the
				  potential for causing minimal harm.
"Time/Temperature Control for Safety Food"
means
				  a food that requires time/temperature control for safety (TCS) to limit
				  pathogenic microorganism growth or toxin formation.
(A) Time/Temperature Control for Safety Food includes: An
				  animal food that is raw or heat-treated; a plant food that is heat-treated or
				  consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or
				  mixtures of cut tomatoes that are not modified in a way so that they are unable
				  to support pathogenic microorganism growth or toxin formation, or garlic-in-oil
				  mixtures that are not modified in a way that results in mixtures that do not
				  support growth or toxin formation; and
(B) Time/Temperature Control for Safety Food does not
				  include:
(i) An air-cooled hard-boiled egg with shell intact, or a
				  shell egg that is not hard-boiled, but has been pasteurized to destroy all
				  viable Salmonellae;
(ii) A food in an unopened hermetically sealed container that
				  is commercially processed to achieve and maintain commercial sterility under
				  conditions of non-refrigerated storage and distribution;
(iii) A food that because of its a W or pH values, is
				  designated as a non-TCS food.
"Utensil"
means any multi-use or single service
				  implement used in the storage, preparation, transportation, or service of ice,
				  beverage, or other food.
"Variance"
means a written document issued by
				  the Department that authorizes a modification or waiver of one or more
				  requirements of this Chapter, if, in the opinion of the regulatory authority, a
				  health hazard or nuisance will not result from the modification or waiver.