Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 140 - DEPARTMENT OF HEALTH › Chapter 023 - LICENSED LODGING ESTABLISHMENT RULE › Section 13 140 023 - LICENSED LODGING ESTABLISHMENT RULE

Current through June, 2024
Section 1.0 Authority
This rule is adopted pursuant to
				  3 V.S.A §§
											801(b)(11) and
				  3003(a);
				  18 V.S.A §§
											102, and
				  4303.
Section 2.0 Purpose
This rule provides the requirements for sanitation and
				  licensing of lodging establishments to protect public health.
Section 3.0 Scope
This rule applies to lodging establishments who maintain and
				  rent three or more units, guest rooms, or self-catered cottages to the
				  transient, traveling, and vacationing public.
Section 4.0 Definitions
4.1 "Bed and breakfast" see "Lodging
				establishment."
4.2 "Common area"
				means parts of an establishment that are open to all guests. The term includes,
				but not by way of limitation, hallways, stairways, and vending areas.
4.3 "Commissioner" means the Commissioner of
				the Vermont Department of Health.
4.4 "Department" means the Vermont Department
				of Health.
4.5 "Easily cleanable"
				means that surfaces which are readily accessible and made of such materials and
				finish, or so fabricated, that materials may be effectively removed by normal
				cleaning methods.
4.6 "Egress"
				means an exit or route leading out of a lodging establishment.
4.7 "Extended-stay" means a stay at a lodging
				establishment for more than 7 consecutive days.
4.8 "Extended-stay room" means a room within
				a lodging establishment in which a room is regularly rented for more than 7
				consecutive days.
4.9 "Food service
				establishment" means any facility in which food is routinely prepared for
				individual service and consumption by guests is routinely provided completely
				prepared. The term includes any such facility regardless of whether consumption
				is on or off the premises and regardless of whether there is a charge for the
				food. The term does not include a private home where food is prepared for
				individual family consumption, and it does not include the location of food
				vending machines. Food service establishments that are located in or as part of
				a lodging place must maintain appropriate licenses.
4.10 "Food" means any raw, cooked, or
				processed edible substance, including ice, beverage, or ingredient used or
				intended for use or for sale in whole or in part for human
				consumption.
4.11 "Hot tub" means a
				pool or container of water designated for recreational use in which one or more
				people can soak. A hot tub can use hydrojet circulation or an air induction
				system, or a combination of these, to provide water circulation.
4.12 "Hotel" see "Lodging
				establishments"
4.13 "Imminent
				health hazard" means a fire, significant flooding, sewage backup, infestation,
				misuse of poisonous or toxic materials, or any other condition that could
				endanger the health and safety of guests, employees, or the general
				public.
4.14 "Infestation" means
				the presence of an usually large number or a recurrence of pests in an
				establishment that may cause damage or disease, or the presence of any
				bedbugs.
4.15 "Kitchenette" means a
				compact kitchen with cooking utensils, tableware, refrigerator, cooking
				appliance (as in a stove or microwave), and sink.
4.16 "Linens" means cloth items used in the
				lodging establishment, including sheets, bedspreads, blankets, pillowcases,
				mattress pads, towels, and washcloths.
4.17 "Lodging establishment" means any
				establishment renting three or more guest rooms or units, that is regularly
				used, maintained, advertised or held out to the transient traveling and
				vacationing public as a place where sleeping accommodations are furnished
				including, all buildings and structures on the premises or any part thereof.
				The term includes, but not by way of limitation, hotels, motels, inns, and any
				bed and breakfasts (tourist homes) regardless of the number of rooms if
				prepared food is served.
The term lodging establishment includes the following:
4.17.1 "Bed and breakfast (Tourist home)"
				means a unique eating and lodging establishment where meals are provided only
				to lodging patrons, or occasional functions such as weddings, and has a
				capacity of twenty-five (25) or fewer. These facilities must comply with
				Department of Health, regulations for Food Service Establishments;
4.17.2 "Hotels," "Inns," and "Motels" means
				any business establishments where multiple sleeping accommodation units or
				rooms are regularly furnished to the transient, traveling, or vacationing
				public;
4.17.3 "Self-catered
				cottage" means a self-contained, single-unit, furnished property offering
				accommodations to transient, traveling, or vacationing public, which provides
				minimal housekeeping, linens, and a furnished kitchen for meal preparation by
				the guest. This does not include rustic cabins or tent facilities without
				indoor plumbing.
4.18
				"Motel" see "Lodging establishment."
4.19 "Person in charge" means the individual
				or employee who is present in the lodging establishment at the time of the
				inspection and who is responsible for the operation. If no designated
				individual or employee is the person in charge, then any employee present is
				the person in charge.
4.20 "Pest"
				means any unwanted animal, including insect, that is a potential vector for
				human disease or presents a risk to public health.
4.21 "Plan review" means the submission of
				blueprints, drawings, or plans for proposed new construction, renovation, or
				remodeling of a lodging establishment.
4.22 "Plumbing fixture" means a receptacle or
				device that (1) is permanently or temporarily connected to the water
				distribution system of the premises and demands a supply of water from the
				system; or (2) discharges used water, waste materials, or sewage directly or
				indirectly to the drainage system of the premises.
4.23 "Plumbing System" means the water supply
				and distribution pipes; plumbing fixtures and traps; soil, waste, and vent
				pipes; sanitary and storm sewers and building drains, including their
				respective connections, devices, and appurtenances within the premises; and
				water-treating equipment.
4.24
				"Potable water" means water free from impurities in amounts sufficient to cause
				disease or harmful physiological effects with the bacteriological, chemical,
				physical, or radiological quality conforming to applicable regulations and
				standards as defined by:
4.24.1 The Vermont
				Department of Environmental Conservation - Drinking Water and Groundwater
				Protection Division for any public drinking water systems, or 4.24.2 The
				Vermont Department of Health testing guidelines for private water supplies,
				specifying health-based contaminants found to be above maximum contaminant
				levels (MCL) or above Vermont Health Advisories where no MCL exists.
4.25 "Proprietor" means any person
				18 years or older, corporation, partnership, firm, organization, or
				municipality which operates or is responsible for the operation of a lodging
				establishment and is the license holder for the establishment.
4.26 "Recreational water facility" and "RWF"
				mean a water environment with design and operational features that provides
				guests with recreational activity and that involves immersion of the body
				partially or totally in the water. This term shall include water slides,
				watercourse rides, water activity pools, jetted pools, and wave pools. This
				term shall not include swimming pools and hot tubs or any natural body of water
				such as a pond or lake.
4.27
				"Refuse" means solid waste not carried by water through the sewage
				system.
4.28 "Sanitization" means
				the application of cumulative heat or chemicals on cleaned food-contact
				surfaces that, when evaluated for efficacy, is sufficient to yield a reduction
				of 5 logs, which is equal to 99.999% reduction, of representative disease
				microorganisms of public health importance.
4.29 "Service animal" means an animal, such
				as a guide dog, signal dog, or other animal individually trained to provide
				assistance to an individual with a disability.
4.30 "Significant renovation" means a
				physical change to a facility or portion of a facility, including the
				following:
4.30.1 Replacing or upgrading any
				major system, such as the electrical, plumbing, heating, ventilation, or
				air-conditioning systems;
4.30.2
				Demolition of the interior or exterior of a building or portion of the
				building; and
4.30.3 Replacement,
				demolition, or installation of interior walls and partitions, whether fixed or
				movable.
Significant renovation shall not include replacement of
				  broken, dated, or worn equipment and other items, including individual
				  air-conditioning units, bathroom tiles, shower stalls, and any other items that
				  do not require additional or new plumbing or electrical
				  repairs.
4.31
				"Single-service articles" means tableware, carry-out utensils, and other items
				such as bags, containers, drinking glasses and cups, placemats, stirrers,
				straws, toothpicks, and wrappers that are designated and constructed for one
				time, one person use after which they are intended for discard.
4.32 "Spa" means any area of a lodging
				establishment where a hot tub, swimming pool, fitness equipment, or similar
				guest amenities are located.
4.33
				"Swimming Pool" means an aquatic venue designed to have standing water for
				total orpartial bather immersion.
4.34 "Tableware" means all multi-use eating
				and drinking utensils, including flatware (knives, forks, spoons, dishware),
				and ice containers.