reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-4030 - Local ordinance superseded; exception

Current through Register Vol. 40, No. 24, July 15, 2024
The regulations of the board shall supersede all local
						ordinances regulating restaurants other than those adopted pursuant to the
						provisions of § 35.1-26 of the Code of Virginia, except that any locality
						may adopt ordinances regarding the sale, preparation, and handling of food
						provided such ordinances are equivalent to, or more stringent in regard to
						public health than, the applicable provisions of Title 35.1 and the regulations
						of the board. Where local ordinances prevail, local permits may be issued as
						required by the local ordinances. However, this does not preclude the
						requirement to issue a department permit before providing food services for the
						public.
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-4035

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-4040 - Investigation and control, obtaining information: personal history of illness, medical examination, and specimen analysis

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall act when it has reasonable cause to
						believe that a food employee or conditional employee has possibly transmitted
						disease; may be infected with a disease in a communicable form that is
						transmissible through food; may be a carrier of infectious agents that cause a
						disease that is transmissible through food; or is affected with a boil, an
						infected wound, or acute respiratory infection, by:
1. Securing a confidential medical history of
					 the employee suspected of transmitting disease or making other investigations
					 as deemed appropriate; and
2.
					 Requiring appropriate medical examinations, including collection of specimens
					 for laboratory analysis, of a suspected food employee or conditional
					 employee.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-4050 - Restriction or exclusion of food employee, or summary suspension of permit

Current through Register Vol. 40, No. 24, July 15, 2024
Based on the findings of an investigation related to a
						food employee or conditional employee who is suspected of being infected or
						diseased, the department may issue an order to the suspected food employee,
						conditional employee, or permit holder instituting one or more of the following
						control measures:
1. Restricting the
					 food employee or conditional employee;
2. Excluding the food employee or conditional
					 employee; or
3. Closing the food
					 establishment by summarily suspending a permit to operate in accordance with
					 law.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-4060 - Restriction or exclusion order: warning or hearing not required, information required in order

Current through Register Vol. 40, No. 24, July 15, 2024
Based on the findings of the investigation as specified
						in
						12VAC5-421-4040
						and to control disease transmission, the department may issue an order of
						restriction or exclusion to a suspected food employee or the permit holder
						without prior warning, notice of a hearing, or a hearing if the order:
1. States the reasons for the restriction or
					 exclusion that is ordered;
2.
					 States the evidence that the food employee or permit holder shall provide in
					 order to demonstrate that the reasons for the restriction or exclusion are
					 eliminated;
3. States that the
					 suspected food employee or the permit holder may request an appeal hearing by
					 submitting a timely request as provided in law; and
4. Provides the name and address of the
					 department representative to whom a request for an appeal hearing may be
					 made.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-4070 - Release of food employee from restriction or exclusion

Current through Register Vol. 40, No. 24, July 15, 2024
The regulatory authority shall release a food employee,
						or conditional employee from restriction or exclusion according to law and the
						conditions specified under
						12VAC5-421-100.
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Form - FORMS (12VAC5-421)

Current through Register Vol. 40, No. 24, July 15, 2024
Food
						Establishment Inspection Report Form - Cover Page (rev. 1/2019)
Food
						Establishment Inspection Report Form - Narrative (rev. 2/2020)
Food
						Establishment Inspection Report Form - Narrative with Temperatures (rev.
						9/2017)
Statutory Authority: §§ 35.1-11 and 35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section - DOCUMENTS INCORPORATED BY REFERENCE (12VAC5-421)

Current through Register Vol. 40, No. 24, July 15, 2024
Approved
						Drug Products with Therapeutic Equivalence Evaluations, 40th Edition, 2020,
						U.S. Department of Health and Human Services, Food and Drug Administration,
						Center for Drug Evaluation and Research, Office of Pharmaceutical Science,
						Office of General Drugs
Grade
						"A" Pasteurized Milk Ordinance, 2017 Revision, U.S. Department of Health and
						Human Services, Public Health Service, Food and Drug Administration, Milk
						Safety Branch (HFS-626), 5100 Paint Branch Parkway, College Park, MD
						20740-3835
Interstate
						Certified Shellfish Shippers List (updated monthly), published by the U.S.
						Department of Health and Human Services, Public Health Service, Food and Drug
						Administration, Office of Seafood (HFS-417), 5100 Paint Branch Parkway, College
						Park, MD 20740-3835
National
						Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan
						Shellfish, 2013 Revision, U.S. Department of Health and Human Services, Public
						Health Service, Food and Drug Administration, Office of Seafood (HFS-417), 5100
						Paint Branch Parkway, College Park, MD 20740-3835
NSF/ANSI
						18-2012 Manual Food and Beverage Dispensing Equipment, 2012, NSF International,
						789 North Dixboro Road, P.O. Box 130140, Ann Arbor, MI 48113-0140,
						www.nsf.org
Standards
						for Accreditation of Food Protection Manager Certification Programs, April
						2012, Conference for Food Protection, 30 Elliott Court, Martinsville, IN
						46151-1331
United
						States Standards, Grades, and Weight Classes for Shell Eggs, AMS-56, effective
						July 20, 2000, U.S. Department of Agriculture, Agricultural Marketing Service,
						Poultry Programs, STOP 0259, Room 3944-South, 1400 Independence Avenue, SW,
						Washington, DC 20250-0259
VDH
						Procedures for Certification and Standardization of Food Inspection Staff,
						2017, Virginia Department of Health, Division of Food and Environmental
						Services, 109 Governor Street, 5th Floor, Richmond, VA
						23219
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part I - Definitions and General Provisions › Section 12VAC5-431-20 - Purpose of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
These regulations have been promulgated by the State Board
					 of Health to specify the following requirements to protect public
					 health:
1. Criteria for assuring the
				  safe preparation, handling, protection or temperature control for
				  food;
2. Criteria for maintaining
				  physical plant sanitation;
3.
				  Criteria for the storage and cleansing of linens and towels;
4. Criteria for general housekeeping and
				  maintenance;
5. Requirements for
				  approved water and sewage disposal systems;
6. Criteria for vector and pest
				  control;
7. Criteria for ice
				  machines and dispensers of perishable food items; and
8. Procedure for obtaining a
				  license.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part I - Definitions and General Provisions › Section 12VAC5-431-30 - Applicability of other Virginia regulations to hotels

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following Virginia regulations shall
				  be applicable to hotels:
1. Food Regulations
				  (12VAC5-421).
2. Sewage Handling
				  and Disposal Regulations (12VAC5-610).
3. Waterworks Regulations
				  (12VAC5-590).
4. Sewerage
				  Regulations (12VAC5-580).
5.
				  Private Well Regulations (12VAC5-630).
6. Regulations Governing Tourist
				  Establishment Swimming Pools and Other Public Pools (12VAC5-460).
7. Swimming Pool Regulations Governing the
				  Posting of Water Quality Test Results (12VAC5-462).
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part I - Definitions and General Provisions › Section 12VAC5-431-40 - Administration of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
These regulations are administered by the following:
1. State Board of Health. The State Board of
				  Health has the responsibility to promulgate, amend and repeal regulations
				  necessary to protect the public health.
2. State Health Commissioner. The State
				  Health Commissioner is the chief executive officer of the State Department of
				  Health. The commissioner has the authority to act for the board when it is not
				  in session (See § 32.1-20 of the Code of Virginia). The commissioner may
				  delegate his powers under these regulations in writing to any
				  subordinate.
3. State Department of
				  Health. The State Department of Health is designated as the primary agent of
				  the board for the purpose of administering these regulations.
4. District or local health department. The
				  district or local health department is responsible for implementing and
				  enforcing the regulatory activities required by these regulations.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part I - Definitions and General Provisions › Section 12VAC5-431-50 - Right of entry and inspections

Current through Register Vol. 40, No. 24, July 15, 2024
In accordance with the provisions of § 35.1-5 of the
					 Code of Virginia, the commissioner or his designee shall have the right to
					 enter any property to ensure compliance with these
					 regulations.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-60 - Applicability of Administrative Process Act

Current through Register Vol. 40, No. 24, July 15, 2024
The provisions of the Virginia Administrative Process Act
					 (§ 2.2-4000 et seq. of the Code of Virginia) shall govern the procedures
					 for rendering all case decisions.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-70 - Emergency orders

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner may, pursuant to § 32.1-13 of the
					 Code of Virginia, issue emergency orders that are necessary to preserve the
					 public health, safety, welfare and environment. Emergency orders arising out of
					 matters governed by these regulations shall state the reasons and factual basis
					 upon which the emergency order is issued. The emergency order shall state the
					 time period for which it is effective.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-80 - Enforcement of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Notice. Whenever the commissioner has reason to believe that a violation of
				  Titles 32.1 or 35.1 of the Code of Virginia or any provisions of these
				  regulations has occurred or is occurring, the district or local health
				  department shall so notify the alleged violator. Such notice shall:
(i) be in writing, with a request to the
				  owner to respond by providing any pertinent information relating to the issue;
(ii) cite the statute, regulation
				  or regulations that are allegedly being violated; and
(iii) state the facts which form the basis
				  for believing that the violation has occurred or is occurring. Such
				  notification is not an official finding or case decision nor an adjudication,
				  but may be accompanied by a request that certain corrective action be
				  taken.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-90 - Suspension of regulations during disasters

Current through Register Vol. 40, No. 24, July 15, 2024
If in the case of a man-made or natural disaster, the
					 commissioner finds that certain regulations cannot be complied with and that
					 the public health is better served by not fully complying with these
					 regulations, he may authorize the suspension of the application of the
					 regulations for specifically affected localities and institute a provisional
					 regulatory plan until the disaster is abated.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-100 - Variances

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner
				  may grant a variance to these regulations by following the appropriate
				  procedures set forth in this section.
B. Requirements for a variance. The
				  commissioner may grant a variance if he finds that the hardship imposed, which
				  may be economic, outweighs the benefits that may be received by the public and
				  that granting such a variance does not subject the public to unreasonable
				  health risks or environmental pollution.
C. Application for a variance. Any owner who
				  seeks a variance shall apply in writing to the local health department. All
				  requests for variances must be made in writing and received by the local health
				  department prior to denial of the hotel permit or within 30 days after such
				  denial. The application for a variance shall include:
1. A citation to the regulation from which a
				  variance is requested;
2. The
				  nature and duration of the variance requested;
3. Any relevant analytical data including
				  result of relevant tests conducted pursuant to the requirements of these
				  regulations;
4. Statements or
				  evidence that establishes that the public health, welfare and environment would
				  not be adversely affected if the variance were granted;
5. Suggested conditions that might be imposed
				  on the granting of a variance that would limit the detrimental impact on the
				  public health and welfare;
6. Other
				  information believed pertinent by the applicant; and
7. Such other information as the district or
				  local health department or commissioner may require.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-110 - Hearing types

Current through Register Vol. 40, No. 24, July 15, 2024
Hearings before the commissioner or his designee shall
					 include any of the following forms depending on the nature of the controversy
					 and the interests of the parties involved:
1. Informal hearings. An informal hearing is
				  a meeting with an employee or director of the district or local health
				  department held in conformance with § 2.2-4019 of the Code of
				  Virginia.
2. Adjudicatory hearing.
				  An adjudicatory hearing is a formal, public adjudicatory proceeding before the
				  commissioner or a designated hearing officer held in conformance with §
				  2.2-4020 of the Code of Virginia.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-120 - Request for hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A request for an informal hearing shall be made by sending
					 the request in writing to the district or local health department in the
					 locality where the hotel is located. Requests for hearings shall cite the
					 reason or reasons for the hearing request and the section or sections of these
					 regulations involved and must be received within 30 days of the decision by the
					 district or local health department that led to the hearing
					 request.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-130 - Hearing as a matter of right

Current through Register Vol. 40, No. 24, July 15, 2024
Any person or named party whose rights, duties, or
					 privileges have been or may be affected by any case decision made in the
					 administration of these regulations shall have a right to both informal and
					 adjudicatory hearings. The commissioner may require participation in an
					 informal hearing before granting the request for a full adjudicatory hearing.
					 EXCEPTION: No person other than an owner shall have the right to an
					 adjudicatory hearing to challenge the issuance of a permit to operate unless
					 the person can demonstrate at an informal hearing that the minimum standards
					 contained in these regulations have not been applied and that he will be
					 injured in some manner by the issuance of the permit.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-140 - Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any appeal from
				  a denial of a permit to operate a hotel must be made in writing and received by
				  the local health department within 30 days of the date the denial letter was
				  received.
B. Any request for
				  hearing on the denial of an application for a variance pursuant to
				  12VAC5-431-200 E 1 must be made in
				  writing and received within 30 days of receipt of the denial notice.
C. Pursuant to the Administrative Process Act
				  (§ 2.2-4000 et seq. of the Code of Virginia), an aggrieved owner may
				  appeal a final decision of the commissioner to the appropriate circuit
				  court.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-150 - Grandfather clause

Current through Register Vol. 40, No. 24, July 15, 2024
Permits granted to hotels prior to March 1, 2002, shall
					 remain valid until ownership changes or unless conditions at the hotel change
					 in a manner that would adversely affect the public health, safety, welfare, or
					 environment. Necessary alterations, modifications or repairs to a hotel shall
					 not be grandfathered and shall comply with the version of the Virginia Uniform
					 Statewide Building Codes in effect at the time the changes are
					 made.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-160 - Submission of plans, specifications and other data

Current through Register Vol. 40, No. 24, July 15, 2024
Whenever a hotel is constructed or remodeled or whenever
					 an existing structure is converted to use as a hotel, properly prepared plans
					 and specifications for such construction, remodeling, or conversion shall be
					 submitted to the director for review and approval before construction,
					 remodeling or conversion is begun. The plans and specifications shall detail
					 such items as the layout of the hotel, plans for proposed buildings and
					 structures, the proposed water source and distribution system, and the proposed
					 sewage disposal system. Detailed plans and specifications shall be submitted
					 for the food service establishment and swimming pool, if applicable. The
					 director or the designee shall approve the plans and specifications if they
					 meet the requirements of these regulations. No hotel shall be constructed,
					 remodeled, or converted except in accordance with plans and specifications
					 approved by the director or the designee. The director may waive the
					 requirement for plans for minor modifications and renovations.
Whenever plans and specifications are required to be
					 submitted to and approved by the director or his designee, he shall inspect the
					 hotel prior to its beginning operation to determine compliance with the
					 approved plans and specifications and with the requirements of these
					 regulations.
The director's or designee's approval of any plans or
					 specifications is no guarantee that plans or specifications are without error
					 and the owner shall have final responsibility for the accuracy and completeness
					 of the plan and specifications, including subsequent construction and
					 installation.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-170 - Application for a permit

Current through Register Vol. 40, No. 24, July 15, 2024
Any person desiring to operate a hotel shall make written
					 application for a permit on an approved application form at least 30 days prior
					 to the opening of the hotel. As a minimum, such application shall include the
					 name and address of the applicant who intends to operate the hotel, the
					 proposed dates of operation, the number of rooms expected to be served on the
					 busiest day, the type of sewage disposal system to be used, the type of water
					 supply that will service the facility and the signature of the applicant. Upon
					 review of the application, the director may require the applicant to submit
					 such additional information as is required to evaluate the applicant's
					 application for the permit.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-180 - Permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person shall
				  own, establish, conduct, maintain, manage, or operate any hotel in this
				  Commonwealth unless the hotel is permitted as provided in this section. All
				  permits shall be in the name of the owner or lessee. Permits shall not be
				  issued to newly constructed or extensively remodeled hotels until a certificate
				  of occupancy has been issued by the building official. Only a person who
				  complies with the requirements of these regulations shall be entitled to
				  receive or retain such a permit.
B.
				  Nontransference of hotel permits. Permits issued after March 1, 2002, shall not
				  be transferable from one person to another or from one location to another. A
				  new owner shall be required to make a written application for a permit. The
				  application forms are obtainable at all local health departments.
C. Conditional permits. A conditional permit
				  authorizes the owner of a hotel to operate the hotel under certain controlled
				  conditions, which may include, but are not limited to, restrictions of the
				  types of food the hotel can handle and type of swimming facility made available
				  for public use.
D. Requirements for
				  posting permits. The permit shall be posted in a place where it is readily
				  observable by the public transacting business with the hotel.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-190 - Issuance of a permit

Current through Register Vol. 40, No. 24, July 15, 2024
Prior to the issuance of a permit, the director or his
					 designee shall inspect the hotel to determine compliance with the requirements
					 of these regulations. The department shall issue a permit to the applicant if
					 its inspection reveals that the proposed hotel complies with the requirements
					 of these regulations. The permit shall remain in effect (i.e., is
					 self-renewing) unless otherwise suspended, revoked or surrendered by the owner.
					 Ownership or lessee changes void the permit and the new owner must apply for a
					 new permit.
A permit may be issued for a hotel that substantially
					 complies with the criteria set forth in these regulations. The director shall
					 be responsible for determining what constitutes substantial
					 compliance.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-200 - Denial of a permit

Current through Register Vol. 40, No. 24, July 15, 2024
Whenever the department denies a hotel permit it shall,
					 within 10 days of the inspection, send the applicant a written explanation of
					 the reasons why the permit was denied.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-210 - Suspension of a permit

Current through Register Vol. 40, No. 24, July 15, 2024
The director may suspend a permit to operate a hotel
					 without an informal conference if the director finds the continued operation
					 constitutes a substantial and imminent threat to the public health. Upon
					 receipt of such notice that a permit is suspended, the permit holder shall
					 cease operation immediately and begin corrective action.
Whenever a permit is suspended, the holder of the permit
					 or the person in charge shall be notified in writing by certified mail or by
					 hand delivery. Upon service of notice that the permit is immediately suspended,
					 the former permit holder shall be given an opportunity to request an informal
					 hearing. If a permit holder wants to request an informal hearing, he must
					 submit a request in writing to the director within 10 working days after he
					 receives notice of the suspension. The written request shall be filed with the
					 local department by the former holder of the permit. If a written request for
					 an informal hearing is not filed within 10 working days, the suspension is
					 sustained. Each holder of a suspended permit shall be afforded an opportunity
					 for an informal hearing within three working days of receipt of a request for
					 an informal hearing. The director may end the suspension at any time if the
					 reasons for suspension no longer exist.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-220 - Revocation of a permit

Current through Register Vol. 40, No. 24, July 15, 2024
Prior to revocation, the director shall notify in writing
					 the holder of the permit, or the person in charge, of the specific reason or
					 reasons for which the permit is to be revoked. The permit shall be revoked at
					 the end of the 30 days following service of such notice unless a written
					 request for an informal conference is filed before then with the director. If
					 no request for an informal conference is filed within the 30-day period, the
					 revocation of the permit shall be final.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-230 - Permits issued under prior regulations

Current through Register Vol. 40, No. 24, July 15, 2024
Permits granted prior to March 1, 2002, shall not require
					 a new permit so long as the ownership of the hotel has not changed and the
					 permit holder otherwise complies with these regulations.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-240 - Application after revocation

Current through Register Vol. 40, No. 24, July 15, 2024
Any person whose permit has been revoked may apply for a
					 new permit after complying with these regulations by following the procedures
					 in 12VAC5-431-170.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-250 - Periodic inspection

Current through Register Vol. 40, No. 24, July 15, 2024
Hotels shall be inspected by the designee of the
					 commissioner. Annual random inspections shall be conducted on a percentage of
					 hotels within each locality. Additional inspections shall be conducted in
					 response to complaints filed with the department that directly affect the
					 health and safety of the public. Further inspections shall be conducted as
					 often as necessary for the enforcement of these regulations. It shall be the
					 responsibility of the operator of a hotel to give the health commissioner or
					 his designee free access to such premises at reasonable times for the purpose
					 of inspection in accordance with § 35.1-5 of the Code of
					 Virginia.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-260 - Inspection report

Current through Register Vol. 40, No. 24, July 15, 2024
Whenever an inspection of a hotel is made, the findings
					 shall be recorded on the department's inspection report forms.
The original of the completed inspection report form shall
					 be furnished to the person in charge of the hotel at the conclusion of each
					 inspection. The completed inspection report form, being a public document,
					 shall be made available for public disclosure to any person who requests it
					 according to law.
The inspection report shall state any failure to comply
					 with any time limit for corrections and may result in the closing of the hotel.
					 An opportunity for an informal conference on the inspection findings, a time
					 limit, or both, shall be granted provided that a written request is filed with
					 local health department within 10 days following the inspection or the
					 cessation of operations. When a request for a hearing is received, the
					 procedures outlined in
					 12VAC5-431-120 shall be
					 followed.
Whenever a hotel is required to cease operation under the
					 provisions of
					 12VAC5-431-210, it shall not
					 resume operations until a reinspection shows that conditions responsible for
					 the order to cease operations no longer exists. Following a request for
					 reinspection, it shall be made as soon as possible or within three working
					 days.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part II - Procedural Regulations › Section 12VAC5-431-270 - Correction of violations

Current through Register Vol. 40, No. 24, July 15, 2024
The completed inspection report form may specify a
					 reasonable period of time for the correction of the violations found. Where a
					 period of time for the correction is specified, the correction shall be
					 accomplished within the period specified and in accordance with the following
					 provisions:
1. Should a substantial
				  and imminent health hazard be declared by the director, including but not
				  limited to substantial fire damage, sewage backing into the food preparation
				  and service areas, lack of refrigeration or lack of water, the operator shall
				  immediately cease operations. Operations shall not be resumed until authorized
				  by the director. Authorization shall not be granted until such violations are
				  corrected.
2. All violations
				  specifying a reasonable period of time for correction shall be corrected as
				  soon as possible, but in any event, within the period of time specified. A
				  follow-up inspection shall be conducted by the director or his designee to
				  confirm the corrections.
2. All
				  violations specifying a reasonable period of time for correction shall be
				  corrected as soon as possible, but in any event, within the period of time
				  specified. A follow-up inspection shall be conducted by the director or his
				  designee to confirm the corrections.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part III - Design, Construction and Operational Criteria › Section 12VAC5-431-280 - Supervision

Current through Register Vol. 40, No. 24, July 15, 2024
The operator of a hotel, or his designated representative
					 who is responsible for the premises, shall be available on the premises while
					 it is open for use.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part III - Design, Construction and Operational Criteria › Section 12VAC5-431-290 - General sanitation

Current through Register Vol. 40, No. 24, July 15, 2024
All buildings, other facilities, equipment fixtures,
					 furnishings and the premises of a hotel shall be kept clean, in good repair,
					 and maintained so as to protect the health, safety, and well-being of persons
					 using those facilities.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part III - Design, Construction and Operational Criteria › Section 12VAC5-431-300 - Floor requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The floors of all lodging units, hallways, store rooms and
					 all other spaces used or traversed by guests shall be of such construction as
					 to be easily cleaned and shall be kept clean and in good repair. The
					 requirements of this section shall not prevent the use of rugs, carpets, or
					 natural flooring so long as they are clean and in good repair. Abrasive strips
					 for safety purposes may be used wherever deemed necessary to prevent
					 accidents.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part III - Design, Construction and Operational Criteria › Section 12VAC5-431-310 - Walls and ceiling requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The walls and ceilings of all lodging units, hallways,
					 bathrooms, store rooms and all other spaces used or traversed by guests shall
					 be of such construction as to be easily cleaned, shall be smooth, and shall be
					 kept clean and in good repair. Cleaning of walls and ceilings shall be so done
					 as to minimize the raising of dust and the exposure of guests thereto. Studs,
					 joists, or rafters shall not be left exposed except when suitably finished and
					 kept clean.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part III - Design, Construction and Operational Criteria › Section 12VAC5-431-320 - Room furnishing requirements

Current through Register Vol. 40, No. 24, July 15, 2024
All equipment, fixtures, furniture, windows, and
					 furnishings, including draperies, curtains, carpets, other floor materials
					 shall be kept clean and free of dust, dirt, vermin, and other contaminants and
					 shall be maintained in good order and repair.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part III - Design, Construction and Operational Criteria › Section 12VAC5-431-330 - Air volume, heat, light, and ventilation requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The air volume, heat, light, and ventilation of each
					 lodging unit shall be constructed and maintained in accordance with the
					 Virginia Uniform Statewide Building Code.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part III - Design, Construction and Operational Criteria › Section 12VAC5-431-340 - Box springs, mattresses, bedding and linen requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Box springs and
				  mattresses shall be clean and in good repair.
B. Conventional mattress covers or pads shall
				  be used for the protection of mattresses and shall be kept clean and in good
				  repair.
C. All sheets, pillowcases,
				  towels, washcloths, and bathmats shall be kept clean and in good repair,
				  freshly laundered and sanitized between occupants and changed at least once
				  every 7 days if used by the same occupant.
D. When a blanket is placed on the bed, the
				  upper sheet shall be of sufficient length to fold and overlap the top section
				  of the blanket.
E. All clean
				  bedding and linen shall be stored in a clean and dry place.
F. All soiled bedding and linen shall be
				  handled and stored so as not to contaminate clean bedding and
				  laundry.
G. Containers for
				  transporting or storing bedding and linen shall be constructed of impervious
				  materials and shall be smooth and easily cleanable.
H. Laundry storage rooms shall be separated
				  from staff living quarters and be kept in a clean and organized fashion.
				  EXEMPTION: This subsection shall not apply to bed and breakfast
				  facilities.
I. All blankets,
				  quilts, bedspreads, and comforters shall be maintained in a sanitary and good
				  condition.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part III - Design, Construction and Operational Criteria › Section 12VAC5-431-350 - Bed spacing requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Bed arrangements of lodging units shall provide not less than 24 inches clear
				  space between each bed, cot, or bunk.
B. No lodging unit shall contain more than
				  two tiers of beds. When two tiers are used, there shall be at least:
1. Three feet of clear vertical space between
				  tiers of beds and between the top tier and ceiling; and
2. Four feet of space between tiered
				  beds.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part III - Design, Construction and Operational Criteria › Section 12VAC5-431-360 - Toilet, lavatory, and bath facilities requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The required number of sanitary fixtures
				  shall be in accordance with the Virginia Uniform Statewide Building
				  Code.
B. Toilets, lavatories and
				  bath facilities shall be maintained in a clean and sanitary condition and
				  maintained in good repair.
C. The
				  location and use of all public toilet and bath facilities shall be clearly
				  indicated by appropriate signs.
D.
				  Toilet, lavatory, and bath facilities for hotel patrons located in private
				  homes shall be separate from toilet and bath facilities utilized by the owner
				  or operator of said hotel.
E. All
				  lavatories, bathtubs, and showers shall be provided with hot and cold water,
				  except where otherwise specifically exempted by the department.
F. Toilet and bath facilities shall have:
1. Floors that are finished with a material
				  that is smooth, easily cleanable, impervious to water, and coved to a height of
				  four inches. The use of carpet is prohibited.
2. Shower compartments with walls that are in
				  accordance with the Virginia Uniform Statewide Building Code. An effective
				  water-tight joint between the wall and the floor shall be maintained.
3. Interior finishes that are smooth, easily
				  cleanable, and impervious to water.
4. Where rubber or impervious mats are used,
				  such mats clean and dry between usages.
5. Bathtub and shower stall floors that are
				  finished with nonslip, impervious surfaces or provided with nonslip impervious
				  bath mats.
6. Where glass bath or
				  glass shower doors are used, such doors made of safety glass.
7. Toilet tissue, soap, towels, and a waste
				  receptacle provided.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part III - Design, Construction and Operational Criteria › Section 12VAC5-431-370 - Solid waste

Current through Register Vol. 40, No. 24, July 15, 2024
A. A minimum of
				  one watertight, nonabsorbent and easily washable waste receptacle shall be
				  provided in each lodging unit. Such receptacle shall be kept clean and in good
				  repair.
B. Solid waste shall be
				  collected daily from rooms and areas used by guests.
C. Solid waste shall be disposed of in
				  accordance with all applicable local ordinances and state laws and
				  regulations.
D. Solid waste shall
				  be stored in either individual garbage containers, bins, or storage
				  vehicles.
E. All such bulk storage
				  containers or vehicles shall:
1. Have tight
				  fitting lids or covers;
2. Be
				  durable, rust resistant, water tight, rodent proof, readily washable, and kept
				  in good repair.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part III - Design, Construction and Operational Criteria › Section 12VAC5-431-380 - Vector control

Current through Register Vol. 40, No. 24, July 15, 2024
A. Vector
				  control measures shall be employed to prevent vector infestations in or around
				  hotels.
B. Insect and rodent
				  control measures to safeguard public health and to prevent nuisance to the
				  public shall be applied. Developed areas, buildings, and structures shall be
				  maintained free of accumulations of debris.
C. Application of pesticides or rodenticides
				  shall be conducted by a Virginia Department of Agriculture and Consumer
				  Services certified pesticide applicator or under the direct supervision of a
				  Virginia Department of Agriculture and Consumer Services certified
				  applicator.
D. The presence of any
				  rodent, such as mice and rats, reptiles or any insect infestation shall be
				  evidence that sufficient vector control measures have not been implemented at
				  the hotel and shall be considered a violation of these regulations.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 431 - SANITARY REGULATIONS FOR HOTELS › Part III - Design, Construction and Operational Criteria › Section 12VAC5-431-390 - Spas, swimming pools, and other swimming facilities

Current through Register Vol. 40, No. 24, July 15, 2024
Any spa, swimming pool, or other swimming facility located
					 at or operated in connection with a hotel shall comply with the department's
					 swimming pool regulations as specified in 12VAC5-431-30.
Statutory Authority
§§ 35.1-11 and 35.1-13 of the Code of
						Virginia.