reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:17 - Cleanliness and storage of utensils

Current through Register Vol. 51, page 10, July 15, 2024
Glasses, pitchers, ice buckets, and other utensils used for
				  ice, food, or drink by guests must be washed, rinsed, and sanitized between
				  guests. All cleaners, sanitizers, and disinfectants must comply with
				  40 C.F.R. §
										180.940, June 23, 2004. The washing and
				  sanitizing facilities must be provided as follows:
(1) Utensils must be washed, rinsed, and
				sanitized manually utilizing a three step process. Sink compartments must be
				large enough to permit the accommodation of the equipment and utensils. Each
				compartment of the sink must be supplied with hot and cold potable running
				water. Drain boards must be provided for the air drying of the sanitized
				utensils; or
(2) Utensils must be
				washed, rinsed, and sanitized by the use of a chemical or hot water sanitizing
				ware washing machine. If a home style ware washing machine is utilized, the
				sanitizing water temperature must attain a minimum of 150 degrees Fahrenheit.
				All utensils must be allowed to air dry.
After washing and sanitizing, all utensils must be wrapped,
				  sealed, or stored in a manner that protects them from
				  contamination.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:18 - Single-service items

Current through Register Vol. 51, page 10, July 15, 2024
Hotels which do not have facilities for cleaning and
				  sanitizing utensils that meet the requirements in §
									44:02:02:17 shall use
				  single-service articles. All single-service articles must be stored, handled,
				  and dispensed in a sanitary manner and may be used only once. The use of common
				  drinking containers in public places is prohibited. Single-service articles
				  must be made from clean, sanitary, and safe materials.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
Food Service Code, ch
					 44:02:07.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:19 - Bedding and linen

Current through Register Vol. 51, page 10, July 15, 2024
Hotels shall furnish each guest with clean sheets and pillow
				  cases for the bed, bunk, or cot to be occupied by the guest. Sheets must be of
				  sufficient width and length to cover the mattress completely. All bath linen,
				  sheets, and pillow cases used by one guest must be washed and mechanically
				  dried before being furnished to another guest. All bedding, including
				  mattresses, mattress pads, quilts, blankets, pillows, sheets, and spreads, and
				  all bath linen must be kept clean, in good repair, and stored in a sanitary
				  manner. Separate laundry containers must be provided for clean and soiled
				  laundry. Soiled linens, uniforms, and other garments must be kept separate from
				  clean linens to prevent cross-contamination. All clean linens must be stored on
				  smooth, nonabsorbent, cleanable surfaces located a minimum of six inches above
				  the floor.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:20 - Housekeeping

Current through Register Vol. 51, page 10, July 15, 2024
All parts of the hotel and its premises must be kept neat,
				  clean, and free from litter and rubbish. Housekeeping operations or conditions
				  may not constitute a health hazard. Cleaning operations must be conducted in a
				  manner which minimizes contamination of facilities. A sanitizer or disinfectant
				  or both must be used on all contact surfaces in toilet, bathroom, and bathing
				  facilities to prevent the spread of disease. Cleaning equipment, supplies,
				  insecticides, paints, and other toxic or hazardous products may not be stored
				  above or next to linens. All cleaners, sanitizers, and disinfectants must
				  comply with 40 C.F.R. §
										180.940, June 23, 2004. An ingredient label
				  and "direction for use" label on each chemical being used must be readily
				  available for reference or inspection. All containers used for dispensing these
				  chemicals must be prominently and distinctively labeled for identification of
				  contents. The use of carpeting in toilet rooms, bathing facilities, and
				  kitchens is prohibited.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:21 - Hazardous condition

Current through Register Vol. 51, page 10, July 15, 2024
If, during the course of a routine inspection, an obvious
				  health hazard or other hazardous condition is discovered that presents an
				  imminent danger to individuals, the department may require the owner of the
				  hotel to remove or correct the hazardous condition.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
Fire Safety Standards, ch
					 61:15:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:22 - Water recreation facilities

Current through Register Vol. 51, page 10, July 15, 2024
All water recreation facilities, including swimming pools,
				  spas, and water slides operated by a hotel and used by guests or the public,
				  must be designed, constructed, and maintained using the "Recommended Standards
				  for Swimming Pool Design and Operation," 1996 edition.
The owner or operator of a swimming pool, spa, or other water
				  recreational facility shall collect and submit at least one water sample weekly
				  for each swimming pool, spa, or other water recreational facility under the
				  owner's or operator's control to an EPA-certified laboratory for
				  bacteriological analysis. The owner or operator shall report any unsafe water
				  sample test results to the department within three days after receipt of such
				  test results. Upon the receipt of a positive water sample the owner or operator
				  of the facility shall submit two consecutive negative samples to the department
				  to confirm treatment procedures have eliminated the contamination. If a
				  resample test is positive, the facility shall close the affected water
				  recreational facility and submit two consecutive negative samples prior to
				  allowing guest use of affected water recreational facility. A colorimetric test
				  kit is required for the monitoring and adjusting of disinfectant levels and pH
				  in swimming pool, spa, or other water recreational facilities. A daily log of
				  disinfectant levels and pH must be maintained by the owner or operator of the
				  facility.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
"Recommended Standards for Swimming Pool Design and
					 Operation," 1996 edition, Great Lakes-Upper Mississippi River Board of State
					 and Provincial Public Health and Environmental Managers. Copies are available
					 at no cost from the Office of Health Protection, South Dakota Health
					 Department, 615 East 4th Street, Pierre, SD
					 57501.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:25 - Continental breakfast requirements

Current through Register Vol. 51, page 10, July 15, 2024
All utensils used in the serving of foods must be cleaned and
				  sanitized on a routine basis. The establishment shall provide a minimum of a
				  two compartment sink or a sanitizing ware washing machine for the washing,
				  rinsing, and sanitizing of utensils. Separate hand washing facilities must be
				  accessible for employees engaged in assembly and servicing of the breakfast
				  area. Facilities may be provided for the warming or toasting of a food item.
				  Hot holding of food items is limited to the items approved in §
									44:02:02:00(4).
				  Potentially hazardous foods requiring hot holding must be held at 135 degrees
				  Fahrenheit or above. The food shall be held at that temperature and discarded
				  after four hours. Cold holding temperature for food items must be held at 41
				  degrees Fahrenheit or below. Only single service utensils shall be provided for
				  guest use. Properly cooled and dispensed milk and juice products are allowed.
				  Fresh fruits must be provided to guests intact. No slicing or peeling of fruit
				  is allowed. Each lodging establishment that exceeds these requirements shall
				  obtain a valid food service establishment license in accordance with SDCL
				  chapter 34-18 and chapter 44:02:07.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:04 - Reversion of fees › Section 44:02:04:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words defined by SDCL
				  34-18-1 have the same meaning when
				  used in this chapter. In addition, the terms used in this chapter mean:
(1) "Inspection," an objective investigation
				of an establishment by the secretary of health or an authorized representative,
				using whatever scientific instruments or tools might be needed, to determine
				the health, personnel practices, safety, and sanitary conditions of the
				establishment in accordance with SDCL 34-18 and rules of the
				department;
(2) "Designated agent,"
				municipal, county, or district health department which has been organized under
				existing laws;
(3) "Territory," the
				geographic or political boundary within which the municipal, county, or
				district health department has by law, regulation, or common practice
				established jurisdiction of establishments as defined in SDCL 34-18.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:04 - Reversion of fees › Section 44:02:04:02 - Inspection forms and frequencies

Current through Register Vol. 51, page 10, July 15, 2024
The inspections shall be recorded on inspection forms
				  provided by the department and shall be made at frequencies established by law
				  or department policy. When such frequencies are maintained, additional
				  follow-up or specific item inspections may be made without recording the
				  results on the prescribed inspections forms.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:04 - Reversion of fees › Section 44:02:04:03 - Signed agreement

Current through Register Vol. 51, page 10, July 15, 2024
An agreement shall be signed between the secretary of health
				  and the designated agent whenever power is delegated to carry out the duties of
				  SDCL 34-18. All agreements shall be subject to cancellation upon 30-day written
				  notice given by either party.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-7,
					 34-18-8,
					 34-18-22.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:04 - Reversion of fees › Section 44:02:04:04 - Duties of designated agent

Current through Register Vol. 51, page 10, July 15, 2024
The designated agent shall carry out all duties of the
				  department outlined in SDCL 34-18 unless modified by contract. The designated
				  agent shall also perform all duties contained in memorandum agreements between
				  the state Department of Health and other state departments and enforce all
				  regulations, policy memorandums, and interpretations issued by the department
				  relating to SDCL 34-18.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-6,
					 34-18-7,
					 34-18-22,
					 34-18-24,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:04 - Reversion of fees › Section 44:02:04:05 - Inspections

Current through Register Vol. 51, page 10, July 15, 2024
The designated agent shall inspect at the frequency
				  established in SDCL 34-18 or established by health department policy, all food
				  service establishments, temporary food service establishments, mobile food
				  service establishments, campgrounds, lodging establishments, county fairs,
				  nonprofit organizations, alcoholic beverage establishments, and other
				  establishments as defined in SDCL 34-18. The designated agent shall ascertain
				  that all establishments comply with the minimum health standards set by
				  statutes and regulations. Copies of all inspection reports, correspondence or
				  other materials relating to the enforcement of SDCL 34-18 shall be forwarded to
				  the department weekly.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-6,
					 34-18-7,
					 34-18-22,
					 34-18-24,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:04 - Reversion of fees › Section 44:02:04:06 - Enforcement of statutes

Current through Register Vol. 51, page 10, July 15, 2024
The designated agent shall promote legal or other suitable
				  corrective action whenever any establishment or owner violates SDCL 34-18 or
				  department regulations. The designated agent shall cooperate with the
				  department in all matters relating to health protection and SDCL
				  34-18.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-6,
					 34-18-7,
					 34-18-22,
					 34-18-24,
					 34-18-25,
					 34-18-32.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:04 - Reversion of fees › Section 44:02:04:07 - Supplies and resources provided

Current through Register Vol. 51, page 10, July 15, 2024
The department shall provide inspection forms and technical
				  supplies as needed to carry out the duties of SDCL 34-18. This shall not
				  include office equipment, furniture, stationery, or other capital equipment.
				  Copies of all correspondence relating to any establishment in its respective
				  territory shall be furnished to the designated agent. The department shall
				  provide written interpretation or directives in answer to any questions of fact
				  or policy concerning SDCL 34-18.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-7,
					 34-18-22.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:04 - Reversion of fees › Section 44:02:04:08 - Reversion of fees

Current through Register Vol. 51, page 10, July 15, 2024
The department shall keep a record of all licensed
				  establishments within the territory of each designated agent, along with a
				  record of moneys received from the license fees. The return of moneys pursuant
				  to SDCL 34-18-8 shall be on a semiannual
				  basis.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-7,
					 34-18-8,
					 34-18-22.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:02 - Employee health and disease control

Current through Register Vol. 51, page 10, July 15, 2024
A person while affected with any disease in a communicable
				  form, while a carrier of such a disease, or while afflicted with boils,
				  infected wounds, sores, or an acute respiratory infection may not work in any
				  area of a specialty resort in any capacity in which there is a likelihood of
				  the person contaminating equipment with pathogenic organisms or transmitting
				  disease to other individuals. If the owner or operator of the establishment has
				  knowledge of any employee who has contracted a communicable disease as listed
				  in §§
									44:20:01:03 and
				  44:20:01:04 or has become a
				  carrier of such a disease, the owner or operator shall notify the department
				  immediately.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:03 - Employee cleanliness

Current through Register Vol. 51, page 10, July 15, 2024
Employees must wear clean outer garments and maintain
				  personal cleanliness while on duty. They must wash their hands thoroughly
				  before starting work and as often as necessary to remove soil and
				  contamination. Employees may not resume work after visiting the toilet room
				  without first washing their hands.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:04 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
The owner shall provide an accessible, adequate, and safe
				  supply of water to each lodging facility. If a public water system of the
				  quantity, quality, and pressure approved by the Department of Environment and
				  Natural Resources is available, the owner shall provide that a connection is
				  made to the system and the system's water supply is used exclusively. The owner
				  of a private water system shall submit water samples quarterly to an
				  EPA-certified laboratory for bacteriological analysis while the specialty
				  resort is in operation. The owner shall submit a nitrate test of the water
				  supply system yearly. The owner of a private water system shall report any
				  unsafe water sample to the department within three days. If an unsafe drinking
				  water sample is reported, the facility shall provide two consecutive safe water
				  samples prior to allowing the public to use the private water supply. The water
				  supply shall be of sufficient quantity to meet the maximum daily
				  demand.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
Water hygiene, art
					 74.04.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:05 - Ice

Current through Register Vol. 51, page 10, July 15, 2024
Ice must be manufactured, stored, transported, and handled in
				  a sanitary manner. Processes and controls must be designed and monitored to
				  ensure that neither the product nor the product area is subject to
				  contamination. Ice must be dispensed with scoops, tongs, or other
				  ice-dispensing utensils or through automatic self-service ice-dispensing
				  equipment. Ice-dispensing utensils must be stored on a clean surface or in the
				  ice with the dispensing handle extending out of the ice. Scooping of ice with a
				  cup, glass, or similar container is prohibited. Ice storage bins must be
				  drained through an air gap. Automatic self-service ice-dispensing equipment
				  must be used when accessible to the public. Bagged ice from an approved source
				  is acceptable.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
Food Service Code, ch 44:02:07.
State Plumbing Code, art 20:54.
Water hygiene, art
					 74:04.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:06 - Guest room toilet and bathing facilities

Current through Register Vol. 51, page 10, July 15, 2024
Each specialty resort shall provide toilet, lavatory, and
				  bathing facilities. In establishments providing toilet, lavatory, and bathing
				  facilities shared by more than one guest room, the facilities must be provided
				  in the ratio of one water closet, lavatory, and shower or bathtub or bathtub
				  and shower combination for every ten guests. To determine the number of guests,
				  a one bed unit is designated for two people, and a two bed unit is designated
				  for four people. Soap, toilet tissue, and clean washcloths and towels must be
				  provided for each guest or guest room. All facilities must be provided with hot
				  and cold running water under pressure to each lavatory, shower, bathtub, and
				  bathtub and shower combination. The hot water must be at a minimum of 110
				  degrees Fahrenheit and at a maximum temperature of 120 degrees Fahrenheit at
				  the tap. Each shower, bathtub, and bathtub and shower combination shall be
				  provided with individual control valves of the pressure balance, thermostatic,
				  or combination pressure balance and thermostatic mixing valve type that provide
				  scald and thermal shock protection. Bathing or shower facilities must have a
				  nonslip floor surface, such as a manufactured nonslip bathtub or shower unit, a
				  rubberized throw mat, or adhesive-backed nonslip strips. All toilets,
				  lavatories, and bathing fixtures must be kept clean, sanitary, and in good
				  repair. Restroom fixtures must be cleaned and sanitized between guest
				  stays.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
State Plumbing Code, art
					 20:54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:07 - Garbage and rubbish storage and disposal

Current through Register Vol. 51, page 10, July 15, 2024
Guest rooms must be provided with waste collection containers
				  that are either lined with plastic bags or cleaned and sanitized between
				  guests. All stored garbage and rubbish must be kept in leakproof, nonabsorbent
				  containers which are kept covered with tight-fitting lids when filled, stored,
				  or not in continuous use. Accessibility by insects, rodents, and other animals
				  must be minimized. Disposal must be done at least twice weekly or as frequently
				  as needed by volume or conditions. If an establishment collects and transports
				  its own refuse, the refuse must be in covered leakproof nonabsorbent vehicles
				  or containers. Disposal of garbage and rubbish may not create a health
				  hazard.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:08 - Vermin control

Current through Register Vol. 51, page 10, July 15, 2024
A specialty resort must be constructed, equipped, and
				  maintained to prevent the entrance, harborage, or breeding of flies, roaches,
				  rats, mice, and all other insects and vermin. Specific means necessary for the
				  elimination of such pests, such as cleaning, renovation, or fumigation, must be
				  used. The department may require the facility to hire a professional
				  exterminator to exterminate pests under the following conditions:
(1) The infestation is so extensive that it
				is unlikely a nonprofessional can eradicate the pests effectively;
(2) The chosen method of extermination can
				only be carried out by a licensed professional exterminator; or
(3) The department finds evidence that an
				infestation is still present and the establishment has not taken proper steps
				to eliminate the vermin problem.
Regularly scheduled professional extermination services shall
				  be required following the determination of an excessive pest infestation by the
				  department.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:09 - Lighting

Current through Register Vol. 51, page 10, July 15, 2024
All rooms and areas used by guests and all other rooms or
				  spaces in which lighting is essential to the efficiency and safety of the
				  business operation must be well lighted. A minimum of 10 foot candles of
				  nonglare light must be provided on all surfaces. Those areas used for reading,
				  shaving, or application of cosmetics must be provided with a minimum of 30 foot
				  candles of light.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:10 - Ventilation

Current through Register Vol. 51, page 10, July 15, 2024
Bathrooms, toilet rooms, and laundry rooms must be provided
				  with either natural ventilation or mechanical ventilation connected directly to
				  the outside. Mechanical clothes dryers must be vented to the outside air. When
				  vented to the outside air, the discharge may not create a health
				  hazard.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
2006 International Building Code, ch 12, sec
					 1203.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:11 - Heating equipment

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall have a heating system capable of
				  maintaining a temperature between 65 degrees Fahrenheit and 75 degrees
				  Fahrenheit. Any heating equipment, if fuel-burning, shall be inspected at least
				  once a year by a person in the business of heating system maintenance (which
				  includes hot water heaters, primary heating sources, and secondary heating
				  sources). A written verification of the inspection must be kept on file in the
				  facility with the date of inspection, a written statement by the person making
				  the inspection, and that person's signature.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
2006 International Building Code, ch 12, sec
					 1204.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:12 - Bedding and linen

Current through Register Vol. 51, page 10, July 15, 2024
A specialty resort shall furnish each guest with clean sheets
				  and pillow cases for the bed, bunk, or cot to be occupied by the guest. Sheets
				  must be of sufficient width and length to cover the mattress completely. All
				  bath linen, sheets, and pillow cases used by one guest must be washed and
				  mechanically dried before being furnished to another guest. All bedding,
				  including mattresses, mattress pads, quilts, blankets, pillows, sheets, and
				  spreads, and all bath linen must be kept clean, in good repair, and stored in a
				  sanitary manner. Separate laundry containers must be provided for clean and
				  soiled laundry. Soiled linens, uniforms, and other garments must be kept
				  separate from clean linens to prevent cross-contamination. All clean linens
				  must be stored on smooth, nonabsorbent, cleanable surfaces located a minimum of
				  six inches above the floor.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:13 - Housekeeping - Maintenance of premises

Current through Register Vol. 51, page 10, July 15, 2024
All parts of the specialty resort and its premises must be
				  kept neat, clean, in good repair, and free from litter and rubbish.
				  Housekeeping operations and conditions may not constitute a health hazard.
				  Cleaning operations must be conducted in a manner which minimizes contamination
				  of facilities. A sanitizer or disinfectant or both must be used on all contact
				  surfaces to prevent the spread of disease. All cleaners, sanitizers, and
				  disinfectants must comply with
				  40 C.F.R. §
										180.940, June 23, 2004. Cleaning equipment,
				  supplies, insecticides, paints, and other toxic or hazardous products must be
				  stored in a manner to minimize health risks. An ingredient label and "direction
				  for use" label on each chemical being used must be readily available for
				  reference or inspection. All containers used for dispensing these chemicals
				  must be prominently and distinctively labeled for identification of contents.
				  The use of carpeting in toilet rooms, bathing facilities, and kitchens is
				  prohibited.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:14 - Hazardous condition

Current through Register Vol. 51, page 10, July 15, 2024
If, during the course of a routine inspection, an obvious
				  health hazard or other hazardous condition is discovered which presents an
				  imminent danger to individuals, the department may require the owner of the
				  specialty resort to remove or correct the hazardous
				  condition.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:15 - Water recreation facilities

Current through Register Vol. 51, page 10, July 15, 2024
All water recreation facilities, including swimming pools,
				  spas, and water slides operated by a specialty resort and used by guests or the
				  public, must be designed, constructed, and maintained using the "Recommended
				  Standards for Swimming Pool Design and Operation," 1996 edition.
The owner or operator of a swimming pool, spa, or other water
				  recreational facility shall collect and submit at least one water sample weekly
				  for each swimming pool, spa, or other water recreational facility while in use
				  under the owner's or operator's control to an EPA-certified laboratory for
				  bacteriological analysis. The owner or operator shall report any unsafe water
				  sample test results to the department within three days after receipt of such
				  test results. Upon the receipt of a positive water sample the owner or operator
				  of the facility shall submit two consecutive negative samples to the department
				  to confirm treatment procedures have eliminated the contamination. If a
				  resample test is positive, the facility shall close the affected water
				  recreational facility and submit two consecutive negative samples prior to
				  allowing guest use of affected water recreational facility. A colorimetric test
				  kit is required for the monitoring and adjusting of disinfectant levels and pH
				  in a swimming pool, spa, or other water recreational facilities. A weekly log
				  of disinfectant levels and pH must be maintained by the owner or operator of
				  the facility.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
"Recommended Standards for Swimming Pool Design and
					 Operation," 1996 edition, Great Lakes-Upper Mississippi River Board of State
					 and Provincial Public Health and Environmental Managers. Copies are available
					 at no cost from the Office of Health Protection, South Dakota Health
					 Department, 615 East 4th Street, SD
					 57501.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:16 - Food supplies

Current through Register Vol. 51, page 10, July 15, 2024
Food must be free from adulteration or other contamination
				  and must be safe for human consumption. Home canned foods are prohibited. Wild
				  game harvested by guests of the facility may be prepared and served for that
				  guest upon request. Wild game must be handled in a manner which prevents
				  cross-contamination with other foods and equipment.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:17 - Potentially hazardous foods

Current through Register Vol. 51, page 10, July 15, 2024
Potentially hazardous foods requiring cooking must be cooked
				  to heat all parts of the food to a temperature of at least 135 degrees
				  Fahrenheit. The food must be held at that temperature until it is served or it
				  must be immediately refrigerated and held at 41 degrees Fahrenheit or below,
				  with the exception of the following:
(1) Poultry, poultry stuffings, stuffed
				meats, and stuffings containing meat must be cooked to heat all parts of the
				food to at least 165 degrees Fahrenheit with no interruptions of the cooking
				process;
(2) Pork and any food
				containing pork must be cooked to heat all parts of the food to at least 145
				degrees Fahrenheit;
(3) Roast beef
				must be prepared by a cooking procedure that produces a minimum temperature of
				130 degrees Fahrenheit in all parts for a minimum of two hours of each roast
				unless otherwise ordered by the immediate consumer;
(4) All ground meats must be cooked to heat
				all parts of the food to at least 155 degrees Fahrenheit;
(5) Wild game meats must be cooked to heat
				all parts of the food to at least 165 degrees Fahrenheit;
(6) Potentially hazardous foods which are
				cooked and then refrigerated must be reheated rapidly to 165 degrees Fahrenheit
				or higher throughout before serving or must be placed in a hot food storage
				facility. Steam tables, bains-marie, warmers, and similar facilities for
				holding hot foods may not be used for the rapid reheating of potentially
				hazardous foods.
Noncorrosive metal stem-type numerically scaled indicating
				  thermometers accurate to ±3 degrees Fahrenheit must be provided and used
				  to assure the attainment and maintenance of proper internal cooking, holding,
				  or refrigeration temperatures of all potentially hazardous
				  foods.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:18 - Thawing potentially hazardous foods

Current through Register Vol. 51, page 10, July 15, 2024
Potentially hazardous foods must be thawed in the following
				  manner:
(1) In refrigerated units at a
				temperature not over 41 degrees Fahrenheit;
(2) Under potable running water of a
				temperature of 70 degrees Fahrenheit or below, with sufficient water velocity
				to agitate and float off loose food particles into the overflow;
(3) In a microwave oven only when the food
				will be immediately transferred to conventional cooking facilities as part of a
				continuous cooking process or when the entire, uninterrupted cooking process
				takes place in the microwave oven; or
(4) As part of the conventional cooking
				process.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:19 - Food protection

Current through Register Vol. 51, page 10, July 15, 2024
While being stored, prepared, displayed, served, or
				  transported, food must be protected from potential contamination. All food
				  service operations must be carried out in a sanitary manner.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:20 - Manual cleaning and sanitizing

Current through Register Vol. 51, page 10, July 15, 2024
Manual cleaning and sanitizing must meet the following
				  requirements:
(1) Utensils and
				equipment must be washed, rinsed, and sanitized manually in a sink with a
				minimum of three compartments. Sink compartments must be large enough to permit
				the accommodation of the equipment and utensils. Each compartment of the sink
				must be supplied with hot and cold potable running water;
(2) Drain boards must be provided for
				handling of soiled utensils before washing and for cleaned utensils following
				sanitizing and must be located so as not to interfere with the use of the
				dishwashing facilities;
(3)
				Equipment and utensils must be preflushed or prescraped and, when necessary,
				presoaked to remove gross food particles and soil;
(4) The cleaning and sanitizing of utensils
				in a three-compartment dishwashing sink must be conducted in the following
				sequence:
(a) Equipment and utensils must be
				thoroughly washed in the first compartment sink with detergent solution that is
				kept clean and that is between 110 and 120 degrees Fahrenheit;
(b) Equipment and utensils must be rinsed
				free of detergent and abrasives with clean water in the second
				compartment;
(c) Equipment and
				utensils must be sanitized in the third compartment by immersion in a clean
				solution containing a sanitizing agent that will provide the equivalent
				bactericidal effect of a solution containing at least 50 parts per million of
				available chlorine as a hypochlorite at a temperature of at least 75 degrees
				Fahrenheit for one minute.
After sanitization, all equipment and utensils must be left
				  to air dry.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:21 - Mechanical cleaning and sanitizing

Current through Register Vol. 51, page 10, July 15, 2024
If utensils are mechanically cleaned and sanitized, a
				  commercial dishwasher or a homestyle dishwasher must be used. If a homestyle
				  dishwasher is used, the following requirements must be met:
(1) The water as it enters the dishwasher
				must be at least 120 degrees Fahrenheit;
(2) There must be a sanitizing cycle in which
				hot water at a minimum temperature of 150 degrees Fahrenheit, not hot air, is
				used; and
(3) Once started, the
				dishwashing cycle may not be interrupted and must be allowed to complete its
				full cycle.
After sanitization, all equipment and utensils must be left
				  to air dry.
General Authority:
SDCL
					 26-6-16.
Law Implemented:
SDCL
					 26-6-16.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:22 - Hand washing

Current through Register Vol. 51, page 10, July 15, 2024
A separate hand washing sink must be provided in the food
				  preparation area.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:23 - Pets

Current through Register Vol. 51, page 10, July 15, 2024
A pet present at the facility must in good health, show no
				  evidence of carrying any disease, and have the necessary vaccinations. Pets
				  must be excluded from food preparation areas.
General Authority:
SDCL
					 26-6-16.
Law Implemented:
SDCL
					 26-6-16.
NOTE:
Counties and municipalities set
					 vaccination requirements for pets.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:25 - Cleanliness and storage of utensils

Current through Register Vol. 51, page 10, July 15, 2024
Glasses, pitchers, ice buckets, and other utensils used for
				  ice, food, or drink by guests must be washed, rinsed, and sanitized between
				  guests. All cleaners, sanitizers, and disinfectants must comply with
				  40 C.F.R. §
										180.940, June 23, 2004. The washing and
				  sanitizing facilities must be provided as follows:
(1) Utensils must be washed, rinsed, and
				sanitized manually utilizing a three step process. Sink compartments must be
				large enough to permit the accommodation of the equipment and utensils. Each
				compartment of the sink must be supplied with hot and cold potable running
				water. Drain boards must be provided for the air drying of the sanitized
				utensils; or
(2) Utensils must be
				washed, rinsed, and sanitized by the use of a chemical or hot water sanitizing
				ware washing machine. If a home style ware washing machine is utilized, the
				sanitizing water temperature must attain a minimum of 150 degrees Fahrenheit.
				All utensils must be allowed to air dry.
After washing and sanitizing all utensils must be wrapped,
				  sealed, or stored in a manner that protects them from
				  contamination.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:26 - Single-service items

Current through Register Vol. 51, page 10, July 15, 2024
Any specialty resort that does not have facilities for
				  cleaning and sanitizing utensils that meet the requirements in §
									44:02:05:25 shall use
				  single-service articles. Each single-service article must be stored, handled,
				  and dispensed in a sanitary manner and may be used only once. The use of common
				  drinking containers in public places is prohibited. Each single service article
				  must be made from clean, sanitary, and safe materials.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
Food Service Code, ch
					 44:02:07.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:27 - Egress windows

Current through Register Vol. 51, page 10, July 15, 2024
Each egress window shall have at least a net clear opening of
				  5.7 square feet. The net clear opening shall be at least 24 inches high and at
				  least 20 inches wide. The egress window shall open from the inside of the guest
				  room without the use of any special tool or knowledge. The egress window shall
				  have a finished sill height of not more than 48 inches above the
				  floor.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-22.1,
					 34-18-22.2,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:28 - Egress window wells

Current through Register Vol. 51, page 10, July 15, 2024
Each egress window that is below grade shall lead to a window
				  well. The horizontal dimensions of the window well shall provide at least a net
				  clear area of nine square feet with at least a horizontal projection and width
				  of 36 inches. The vertical height of the window well may not exceed 48
				  inches.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-22.1,
					 34-18-22.2,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:05 - Specialty resorts › Section 44:02:05:29 - Egress window exception

Current through Register Vol. 51, page 10, July 15, 2024
For lodging establishments constructed before July 1, 2009,
				  each grade level egress window shall have at least a net clear opening of five
				  square feet and shall be at least 24 inches high and at least 20 inches
				  wide.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-22.1,
					 34-18-22.2,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:06 - Bed and breakfast establishments › Section 44:02:06:02 - Employee health and disease control

Current through Register Vol. 51, page 10, July 15, 2024
A person while affected with any disease in a communicable
				  form, while a carrier of such a disease, or while afflicted with boils,
				  infected wounds, sores, or an acute respiratory infection may not work in any
				  area of a bed and breakfast establishment in any capacity in which there is a
				  likelihood of the person contaminating equipment with pathogenic organisms or
				  transmitting disease to other individuals. If the owner or operator of the
				  establishment has knowledge of any employee who has contracted a communicable
				  disease as listed in §§
									44:20:01:03 and
				  44:20:01:04 or has become a
				  carrier of such a disease, the owner or operator shall notify the department
				  immediately.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
State Plumbing Code, art
					 20:54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:06 - Bed and breakfast establishments › Section 44:02:06:03 - Employee cleanliness

Current through Register Vol. 51, page 10, July 15, 2024
Employees must wear clean outer garments and maintain
				  personal cleanliness while on duty. They must wash their hands thoroughly
				  before starting work and as often as necessary to remove soil and
				  contamination. Employees may not resume work after visiting the toilet room
				  without first washing their hands.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.