Farm and Ranch Recreation Resource Directory

Section 10 - North Dakota Department of Health and Human Services
For further information, please contact the Department of Health Web Site: http://www.health.state.nd.us/ndhd

Local & District Health Unit Environmental Health Practitioners (EHP)
 

Dept of Fire & Inspection Mel Fischer, Administrator 1020 E Central Avenue Bismarck, ND 58501 (701) 258-2070	LaMoure County Health Dept Tony Hanson, Administrator PO Box 692 LaMoure, ND  58458 (701) 883-5356
Bismarck-Burleigh Nursing Service Paula Flanders, RN Administrator 221 N 5th Street Bismarck, ND 58502-5503 (701) 222-6525	McIntosh District Health Unit Joy Goehring, Administrator 112 N 1st St  Box 25 Ashley, ND  58413 (701) 288-3957
Cavalier County Health Unit Terri Gustafson, RN Administrator                               901 3rd Street, # 11 Langdon, ND  58249 (701) 256-2402	Nelson/Griggs District Health Unit Julie Ferry, RN Administrator 116 Main St, Box 365 McVille, ND 58254 (701) 322-5624
Central Valley Health Unit Sharon Unruh, RN Administrator 310 -10th Street SE PO Box 880 Jamestown, ND 58402-2947 (701) 252-8130	Rolette County Public Health Dist. Barb Frydenlund, RN Administrator 102 2nd St NE, Box 726 Rolla, ND 58367-0726 (701) 477-5646
Custer District Health Unit Keith Johnson, Administrator 210 2nd Avenue NW Mandan, ND 58554 (701) 667-3370	Sargent County District Health Unit Colleen Sundquist, Administrator 355 Main, Box 237 Forman, ND  58032-0237 (701) 724-6241, Ext. 128
City-County Health Unit Marcy Grant, RN Administrator 230 4th Street NW Valley City, ND 58072-2947 (701) 845-8518	Southwestern District Health Unit Carlotta Ehlis, Administration 2869 3rd Avenue W Dickinson, ND  58601 (701) 483-0170
Dickey County Health Unit Roxanne Holm, Administrator PO Box 238 Ellendale, ND  58436 (701) 349-3277	Steele County Health Department Diane A. Jacobson, RN Administrator 201 Washington Avenue Finley, ND  58230 (701) 524-2060
Emmons District Health Unit Bev Voller, RN Administrator 118 E Spruce Ave, Box 636 Linton, ND 58552 (701) 254-4027	Towner County Public Health Dist. Tim Tracy, Administrator % Towner County Medical Center Hwy 281 N Box 688 Cando, ND 58324 (701) 968-2542
First District Health Unit Lisa Clute, Executive Director 801 11th Avenue SW PO Box 1268 Minot, ND 58702 (701) 852-1376	Traill District Health Unit Brenda Stallman, RN Administrator 114 W Caledonia, Box 58 Hillsboro, ND  58045 (701) 436-4434
Fargo Cass Public Health Mary Kay Herrman, RN Administrator 401 3rd Avenue North Fargo, ND 58102-4839 (701) 241-1360	Upper Missouri District Health Unit Mike Melius, Executive Director 110 W Broadway, #101 Williston, ND  58801-5522 (701) 774-6400
Foster County Health Department Jean Kulla, RN Administrator 1000 Central Avenue Carrington, ND  58421 (701) 652-3087	Walsh County Health Dept. Wanda Kratochvil, RN Administrator 638 Cooper Grafton, ND 58237 (701) 352-5139
Grand Forks Public Health Dept Don Shields, CHE Director 151 S 4th St, Ste. N301 Grand Forks, ND 58201 (701) 787-8100	Wells County District Health Unit Karen Volk, RN Administrator 600 N Railway Street Fessenden, ND  58438 701-547-3756
Kidder County District Health Unit Lana Fischer, Administrator 422 2nd Ave NW Steele, ND  58482 (701) 475-2582	Tribal Health IHS Environmental Health Larry Dauphiniais, District Sanitarian Room 302 Federal Bldg. Minot, ND 58701 (701) 852-0250
Lake Region District Health Unit Karen Halle, RN Administrator 524 4th Avenue Devils Lake, ND 58301 (701) 662-7035	Spirit Lake Sioux Nations Peggy Cavanaugh, Health Director PO Box 398 Fort Totten, ND 58335 (701) 766-4236
ND Dept of Health Ken Bollinger (Food & Lodging) 600 E Boulevard Avenue Bismarck, ND 58505-0200 (701) 328-6380	Standing Rock Bill Sherwood, Tribal Sanitarian PO Box D Fort Yates, ND 58838 (701) 854-7206
ND Dept of Health Kelly Carlson, Public Health Liaison 310 10th St SE Jamestown, ND 58402-0880 (701) 252-8130	Three Affiliated Tribes Karol Parker, Unit Director Minne Tohe Health Center HC 2 Box 24F New Town, ND 58763 (701) 627-7901
Pembina County Health Dept Eleanor Stuberg, RN Administrator 301 Dakota Street W #2 Cavalier, ND 58220-4100 (701) 265-4248	Trenton Indian Service Area Dawn Benth, Director PO Box 210 Trenton, ND  58853 701-774-0461
Ransom County Deb Bergstrom, RN Administrator 403 Elm St Box 89 Lisbon, ND 58054 (701) 683-00334	Turtle Mountain Chippewa Linus Everling, CEO PO Box 160 Belcourt, ND 58316 (701) 477-8410
Richland County Health Dept Debra Flack, Administrator 413 3rd Avenue N Wahpeton, ND 58075 (701) 642-7735	South Dakota Richard Huff, Service Unit Director PO Box 189 Sisseton, SD 57262 (605) 698-7606

Plan Review Checklist Guidelines

Public Accommodations Establishments

Food and Lodging Section
North Dakota Department of Health
600 E Boulevard Ave, Dept 301
Bismarck, ND 58505-0200
701-328-6150 or 328-1292
Please contact the ND Health Department  (website: http://www.health.state.nd.us/ndhd) with your questions and assistance before proceeding with your business or starting a business

Lodging Establishment Sanitation Standards
   North Dakota Administrative Code Chapter 33-30-01

Section

33-39-01-01 Definitions
33-39-01-02 Employee Health and Disease Control
33-39-01-03 Ice
33-39-01-04 Guest Room Toilet and Bathing Facilities
33-39-01-05 Utensil Washing
33-39-01-06 Single-Service Items
33-39-01-07 Bedding and Linen
33-39-01-08 Housekeeping
33-39-01-09 Water Recreation Facilities
33-39-01-10 Submission of Plans

33-39-01-01. Definitions. For purpose of this chapter:
"Approve" means acceptable to the department based on compliance with applicable standards and public health practices.
"Communicable disease" means any disease that can be directly or indirectly transmitted from person to person.
"Department" means the state department of health.
"Guest" means an occupant of a rental unit of a lodging establishment.
"Guest room" means any room used or intended to be used by a guest for sleeping purposes.
"Health hazard" means a chemical agent, source of filth, cause of sickness, or condition that is a health threat to others or a threat to the public health.
"Lodging establishment" means any hotel, motel, resort, building, or structure that is used to provide sleeping accommodations to the public for charge. The term does not include primitive lodging cabins, lodges, or ranches.

33-39-01-02 - Employee health and disease control. A person, while affected with any communicable disease or 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 lodging 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 lodging establishment has knowledge of any employee who has contracted a communicable disease or has become a carrier of such a disease, the owner or operator shall immediately notify the department.

33-39-01-03. Ice. Ice, if provided to guests in a lodging establishment, must be manufactured, stored, transported, and handled in a manner approved by the department. 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. When existing ice storage bins in areas accessible to the public are replaced, automatic self-service ice-dispensing equipment must be used.

33-39-01-04. Guest room toilet and bathing facilities. Each lodging establishment must provide toilet, lavatory, and bathing facilities. In lodging establishments providing toilet, lavatory, and bathing facilities shared by more than one guest room, the facilities must be provided in the ratio of one restroom for each ten guests, must be provided separately for each sex, and must be available on each floor. To determine the number of guests, a single-bed unit is designed for two people, and double-bed unit is designed for four people. All facilities must be provided with hot and cold running water under pressure to each lavatory, shower, bathtub, and shower and bathtub combination at a maximum temperature of one hundred twenty degrees Fahrenheit [48.9 degrees Celsius] at the tap. 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 when the guest room is in use and between stays of different guests.

33-39-01-05. Utensil washing. Utensil washing must be in compliance with chapter 33-33-04. Sanitizing solutions must comply with 21 CFR section 178.1010. After cleaning and until use, all contact surfaces of equipment and utensils must be wrapped, sealed, or stored in a manner that protects them from contamination.

33-39-01-06. Single-service items. Lodging establishments which do not have facilities for cleaning and sanitizing utensils that meet the requirements in chapter 33-33-04 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.

33-39-01-07. Bedding and linen. Lodging establishments that provide bedding and linen must furnish each guest with clean sheets and pillowcases for the bed, bunk, or cot be occupied by the guest. Sheets must be of sufficient width and length to cover the mattress completely. All bath, linen, sheets, and pillowcases 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. 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 [152.4 millimeters] above the floor.

33-39-01-08. Housekeeping. All parts of the lodging establishment and its premises must be kept neat, clean, and free from litter and rubbish. Operations or conditions may not constitute a health hazard. Cleaning operations must be conducted in a manner that minimizes contamination of facilities. 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 21 CFR section 178.1010. 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.

33-39-01-09. Water recreation facilities. All water recreation facilities, including swimming pools, spas, and water slides operated by a lodging establishment, and used by guests or the public, must be designed, constructed, and maintained to protect the health and safety of it guests. A colorimetric test kit is required for the monitoring and adjusting of disinfectant levels and pH in swimming pools, spas, or other water recreational facilities. A daily log of disinfection levels and pH must be maintained by the owner of the facility.

33-39-01-10. Submission of plans. Whenever a lodging establishment is constructed or extensively remodeled, properly prepared plans and specifications for such construction or remodeling must be submitted to the department for review and approval before construction or remodeling is begun. The plans and specifications must indicate the proposed layout, arrangement, and construction materials, paying particular attention to all fire or life safety provisions required by law. The department shall approve the plans and specifications if they meet the requirements of this chapter and North Dakota Century Code chapter 23-09.

CHAPTER 23-09

HOTELS, LODGING HOUSES, RESTAURANTS AND BOARDINGHOUSES

23-09-01. Definitions. In this chapter, unless the context otherwise requires:

• "Bakery" means an establishment or any part of an establishment that manufactures or prepares bread or bread products, pies, cakes, cookies, crackers, doughnuts, or other similar products, or candy, whether plain; chocolate or chocolate coated; mixed with nuts, fruits, or other fillers; covered with chocolate or other coating; and shaped, molded, or formed in various shapes. The term does not include food service establishments nor home cake decorators.
• "Boardinghouse" includes every building or structure, or any part thereof, with accommodations for four or more boarders, which is kept, used, maintained, advertised, or held out to the public as a place where food is furnished to regular boarders for periods of one week or more. The term does not include a facility providing personal care directly or through contract as defined in section 23-09.3-01 or 50-24.5-01.
• "Commissary" means a catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged, or stored, including a service center or base of operations directly from which mobile food units are supplied or serviced. The term does not include an area or conveyance at a vending machine location used for the temporary storage of packaged food or beverages.
• "Department" means the state department of health.
• "Food establishment" means any fixed restaurant, limited restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, catering kitchen, delicatessen, bakery, grocery store, meat market, food processing plant, or similar place in which food or drink is prepared for sale or service to the public on the premises or elsewhere with or without charge.
• "Food processing plant" means a commercial operation that manufactures, packages, labels, or stores food for human consumption and does not provide food directly to a consumer.
• "Limited restaurant" means a food service establishment that is restricted to a specific menu as determined by the department or an establishment serving only prepackaged foods, such as frozen pizza sandwiches, which receive no more than heat treatment and are served directly in the package or in single-serve articles.
• "Lodging establishment" includes every building or structure, or any part thereof, which is kept, used, maintained, or held out to the public as a place where sleeping accommodations are furnished for pay to four or more transient guests. The term does not include a facility providing personal care services directly or through contract services and defined in section 23-09.3-01 or 50-24.5-01.
• "Mobile food unit" means a vehicle-mounted food service establishment designed to be readily movable.
• "Proprietor" includes the person in charge of a food or lodging establishment, whether as owner, lessee, manager, or agent.
• "Pushcart" means a non-self-propelled vehicle limited to serving non-potentially hazardous food or commissary-wrapped food maintained at proper temperatures.
• "Restaurant" includes every building or other structure, or any part thereof, and all buildings in connection therewith, that are permanently kept, used, maintained, advertised, or held out to the public as a place where meals or lunches are served, but where sleeping accommodations are not furnished. The term includes a limited restaurant restricted to a specified menu.
• "Retail food store" means any establishment or section of an establishment where food and food products are offered to the consumer and intended for off premise consumption. The term includes a delicatessen that offers prepared food in bulk qualities only. The hazardous foods, roadside market that offers only fresh fruits and vegetables for sale, food service establishment, or food and beverage vending machine.
• "Retail meat market" means a commercial establishment and buildings or structures connected with it, used to process, store, or display meat or meat products for retail sale to the public for human consumption. The term does not include a meat establishment operating under the federal or state meat inspection program.
• "Salvage processing facility" means an establishment engaged in the business of reconditioning or by other means salvaging distressed merchandise for human consumption or use.
• "Temporary food service establishment" means any food service establishment that operates at a fixed location for not more than fourteen consecutive days. The term does not include a nonprofit public-spirited organization or person providing a limited type of food service as defined in chapter 23-09.2.

23-09-02. State department of health to enforce provisions of chapter. The state department of health shall enforce the provisions of this chapter. Under no circumstances may any other state agency enforce the provisions of this chapter or adopt rules which relate in any way to the provisions of this chapter nor may any other state agency expend any moneys, including salaries, which would involve the agency or its employees in work related to the provisions of this chapter.

23-09-02.1. Smoke detection devices or other approved alarm systems-Administrative procedures and judicial -Review. Each lodging establishment shall install smoke detection devices or other approves alarm systems of a type and in the number approved by the department, in cooperation with the state fire marshal. The department, in cooperation with the state fire marshal, shall adopt reasonable rules governing the spacing and minimum specifications for approved smoke detection devices or other approved alarm systems. The department and state fire marshal shall provide all reasonable assistance required in complying with the provisions of this section.  

23-09-03. Exiting requirements. Every lodging establishment constructed in the state shall have adequate exiting as defined by the state building Code in chapter 54-21.3 with the following exceptions:

All lodging establishments in existence at the time of implementation of this section are required to continue with free escapes previously provided for within this section providing that they are deemed adequate by the local fire authority having approval, or by the state fire marshal's office.

If the lodging establishment is provided with exterior access balconies connecting the main entrance door of each unit to two stairways remote from each other.

23-09-05. Fire escapes to be kept clear - Notice of location and use of fire escapes required. Access to fire escapes required under this chapter must be kept free and clear at all times of all obstructions of any nature. The proprietor of the lodging establishment shall provide for adequate exit lighting and exit signs as defined in the state building Code, chapter 54-21.3.

23-09-06. Chemical fire extinguishers - Standpipes. Each lodging establishment must be provided with fire extinguishers as defined by the national fire protection association standard number ten in quantities as defined by the state building Code and the state fire Code. Standpipe and sprinkler systems must be installed as required by the state building Code and state fire Code. Fire extinguishers, sprinkler systems, and standpipe systems must conform with rules adopted by the state fire marshal. A contract for sale or a sale of a fire extinguisher installation in a public building is not enforceable, if the fire extinguisher or extinguishing system is of a type not approved by the state fire marshal for such installation. No fire extinguisher of a type not approved by the state fire marshal may be sold or offered for sale within the state.

23-09-07. Lodging establishments with elevators - Protection to prevent spread of fire. After July 1, 1997, all new construction of, remodeling of, or additions to lodging establishments equipped with passenger or freight elevators must comply with state building Code fire protection requirements.

23-09-08. Bolts or locks to be supplied on doors of sleeping rooms. The doors of all rooms used for sleeping purposes in any lodging establishment within this state must be equipped with proper bolts or locks to permit the occupants of such rooms to lock or bolt the doors securely from within the rooms. The locks or bolts must be constructed in a manner that renders it impossible to unbolt or unlock the door from the outside with a key or otherwise, or to remove the key there from the outside, while the room is bolted or locked from within. Any lodging establishment proprietor who fails to comply with this section is guilty of a class B misdemeanor.

23-09-09. Sanitation and safety. Every food and lodging establishment must be operated with strict regard for the health, safety, and comfort of its patrons. The following sanitary and safety regulations must be followed:

• Every food and lodging establishment must be well constructed, drained, and provided with plumbing equipment according to established sanitary principles and must be kept free from effluvia arising from any sewerage, drain, privy, or other sources within the control of the proprietor.
• In municipalities in which a system of public water supply and sewerage is maintained, every food and lodging establishment must be equipped with suitable toilets for the accommodation of its guests, and such toilets must be ventilated and connected by proper means of flushing with the water of said system. All lavatories, bathtubs, sinks, drains, and toilets must be connected with such sewerage system and installed according to all applicable plumbing codes.
• When a sewerage system is not available, open toilets must be located not less than forty feet [12.19 meters] from all kitchens, dining rooms, and pantry openings and must be properly cleaned, screened, and disinfected as often as may be necessary to keep them in a sanitary condition.
• All garbage and kitchen refuse must be kept in watertight containers with tight-fitting covers to prevent decomposition. No dishwasher or other substance which is or may become foul or offensive may be thrown upon the ground near any food or lodging establishment.
• All bedrooms must be kept free from insects and rodents, and the bedding in use must be clean and sufficient in quantity and quality.
• Each food or lodging establishment shall keep in its main public washroom and available at all hours individual disposable paper towels, a continuous towel system that supplies the user with a clean towel, or a heated air hand drying device for the use of its guests.
• Bathrooms, toilet rooms, and laundry rooms must be provided with either natural or mechanical ventilation connected directly to the outside.
• All food or lodging establishments shall equip operable windows during the summer months with screens adequate to keep out insects.
• Neither the dining room nor kitchen of any food or lodging establishment may be used as a sleeping or dressing room by any employee of the hotel or restaurant or by any other person.

23-09-10. Drinking water standards. Every person operating a food or lodging establishment shall see that the drinking water supplied therein is obtained from an approved source that is a public water system or a nonpublic water system that is constructed, maintained, and operated according to law.

23-09-11. Inspection - Reports. Every lodging establishment must be inspected at least once every two years by the department. Food establishments must be inspected based on a system of risk categorization which involves types of foods served, the preparation steps these foods require, volume of food, population served, and previous compliance history. Every food establishment will be inspected at least once every two years. The department and its inspectors may enter any such establishment at reasonable hours to determine compliance with this chapter.

23-09-14. Department to report to state fire marshal. The department, on or before the sixth day of each month, shall report to the state fire marshal on all food and lodging establishments inspected by the department during the preceding month, paying particular attention in the report to the violation of any provision of this chapter relating to fire escapes and the installation and maintenance of automatic or other fire alarms and fire extinguishing equipment and to any other condition that might constitute a fire hazard in the premises so inspected. If no such violation or condition is found, the report must so state.

23-09-16. License - Application. Before any food or lodging establishment may be operated in this state, it must be licensed by the department. The department shall waive the license requirement for any food and lodging establishment licensed by a city or district health unit. Application for license must be made to the department during December of every year, or before the operating of the food or lodging establishment, as the case may be. The application must be in writing on forms furnished by the department and must be accompanied by the required fee. An additional amount of fifty percent of the license fee must be imposed upon renewal if the license was not renewed on or before February first following the expiration date.

(Effective after December 31, 1998) License fees. The following annual license fees must be paid to the department by proprietors of food and lodging establishments:

• For a lodging establishment containing not more than three sleeping rooms, twenty dollars.
• For a lodging establishment containing at least four but nor more than ten sleeping rooms, thirty dollars.
• For a lodging establishment containing more than ten sleeping rooms and not more than twenty sleeping rooms, forty-five dollars.
• For a lodging establishment containing more than twenty sleeping rooms and not more than fifty sleeping rooms, sixty dollars.
• For a lodging establishment containing fifty-one sleeping rooms or more, eighty dollars.
• For a restaurant or boardinghouse with a seating capacity of less than seventy-five, sixty dollars.
• For a restaurant or boardinghouse with a seating capacity of seventy-five to not more than one hundred fifty, eighty dollars.
• For a restaurant or boardinghouse with a seating capacity of more than on hundred fifty, eighty-five dollars.
• For a limited restaurant, fifty dollars.
• For a retail food store, retail meat market, or bakery with not more than five thousand square feet [464.52 square meters], fifty dollars.
• For a retail food store, retail meat market, or bakery with more than five thousand square feet [464.52 square meters] sixty dollars.
• For a bar or tavern dispensing beer, liquor, or alcoholic beverages, forty dollars.
• For an establishment operating one or more mobile food units or pushcarts, fifty dollars.
• For a salvaged food distributor, fifty dollars.
• For a food processing plant, not licensed and inspected by any other federal or local health unit, twenty-five dollars.

If a business operates more than one type of establishment on the same premises and under the same management, the department shall issue a single license stating the types of establishments the business is licensed for and the maximum license fee charged may not exceed seventy-five dollars for an establishment with not more than five thousand square feet [464.52 square meters] and one hundred fifty dollars for those establishments over five thousand square feet [464.52 square meters]. The department shall waive all or a portion of the license fee for any food or lodging establishment that is subject to a license fee by a city or district health unit if the local unit's sanitation, safety, and inspection rules are approved by the department. A reduced license fee in the amount of one-half the applicable license fee must be charged for new food and lodging establishments beginning operations after July first of each year and for charges in ownership and location of such existing establishments after July first of each year.

23-09-18. Failure to comply with provisions of chapter - Notice - How served. Whenever the proprietor of any food or lodging establishment fails to comply with this chapter, the proprietor must be given notice of the time within which the proprietor must meet the requirements. The notice must be in writing and delivered personally by an inspector of the department or sent by registered mail.

23-09-19. State's attorney to prosecute violation. The state's attorney of any county of this state, upon complaint on oath of an inspector of the department, shall prosecute in the name of the state of North Dakota a proper proceeding against any person violating any provision of this chapter.

23-09-20. Requirements of fireproof hotel - Penalty for false advertising. No person shall advertise as fireproof a building or hotel unless all foundations, floors, roofs, walls, stairways, stairs, elevator shafts, and dumbwaiter shafts are constructed of concrete, brick, terra cotta blocks, steel, or other fireproof material. Any person violating the provisions of this section is guilty of a class A misdemeanor.

23-09-20.1. Guest record. A record must be kept in each lodging establishment in which every individual patronizing the lodging establishment shall write that individual's name and address and the number of members in the party who will occupy a room or rooms therein.

23-09-21. Penalty - General. Any person operating a food or lodging establishment in this state, or letting a building used for such business, without first having complied with this chapter, is guilty of a class B misdemeanor.

23-09-22. License canceled. Whenever the proprietor of a food or lodging establishment has been convicted of a violation of this chapter and for a period of ten days after the conviction fails to comply with any provision of this chapter, the department may cancel the proprietor's license.

23-09-23. Exemption for bed and breakfast facilities. This chapter does not apply to bed and breakfast facilities for which rules have been adopted under chapter 23-09.1.

23-09-24. Salvaged food - License required. It is unlawful for a person to claim to be a salvaged food distributor or to engage in the activity of selling, distributing, or otherwise trafficking in distress or salvaged food, or both, at wholesale, without a license issued under section 23-09-17 authorizing that person to operate as a salvaged food distributor. A salvaged food distributor license may not be issued absent compliance with this section and any rules adopted to implement this section.

GUIDELINES FOR HOTELS, MOTEL, AND LODGINGHOUSES

Smoke Detectors (NDCC 23-09-02.1; NDAC 33-33-05)

Every sleeping room shall have at least one smoke detector properly installed and maintained as specified by the manufacturer.

Smoke detectors are affected by the contours of a room. They may be installed on the ceiling or on the walls, but they must be kept away from the joint where a wall meets the ceiling. This area is a "dead space" and smoke will not fill the area. The general guidelines for installation are:

• Ceiling-mounted detectors should be at least 12 inches from the nearest wall.

• Wall-mounted detectors should be at least 12 inches from the nearest ceiling and nearest wall joint.

• Detectors should be installed according to the manufacturer's recommendations. Many do not want the devices placed on the wall.

In all cases, the manufacturer's recommendations should be followed.

The owner or manager shall spot check the smoke detection system at least weekly and shall maintain records which include: date of test, units tested, name of person conducting the test and the results of the test. Also any maintenance that was required shall be recorded. Complete tests of the entire system shall be conducted once each year or as necessary to assure proper condition.

Hallways shall be equipped with smoke detection devices wired into an approved general fire alarm system so as to sound a general alarm when any of the smoke detection devices are activated. There shall be at least one smoke detector installed for every 75 feet of hallway.

At least one sleeping room shall be equipped with a listed smoke detection device for the hearing impaired. This device shall be capable of producing at least eighty-five decibels of sound at ten feet and capable of flashing a two hundred and fifty watt bulb for a period of five minutes.

FIRE EXTINGUISHERS (NDCC 23-09-06)

Fire extinguishers shall be provided as defined by NFPA #10 in quantities as defined by the state building code and state fire code and shall be accessible to guests at all times.

Fire extinguishers shall have a minimum rating of 2-A. The maximum floor area per unit of A shall be 3000 square feet for low hazard, 1500 square feet for moderate hazard and 1000 square feet for high hazard occupancies. The maximum floor area for one extinguisher in all cases is 11,250 square feet. The maximum travel distance to the extinguishers shall be no more than 75 feet.

Extinguishers shall be subject to maintenance not more than one year apart or when specifically required by an inspection. It is not necessary during the annual maintenance to internally examine CO2 or stored pressure extinguishers equipped with pressure indicators or gauges, except stored pressure types containing a loaded stream type of agent shall be disassembled on an annual basis and subjected to a complete maintenance. Every six years stored pressure extinguishers that require a 12 year hydrostatic test shall be emptied and subjected to the applicable maintenance procedures.

Each extinguisher shall have a tag or label securely attached that indicates the month and year the maintenance was performed and shall identify the person performing the service. This tag shall also indicate if recharging was performed. Maintenance and recharging shall be performed by trained personnel.

Hydrostatic testing shall be performed by persons having a practical knowledge of pressure testing procedures and safeguards, and having available suitable testing equipment and facilities.

Hydrostatic Test Interval for Extinguishers

Extinguisher Type                                                              Test Interval
                                                                                            (Years)

Soda Acid	5
Cartridge Operated Water and/or Antifreeze	5
Stored Pressure Water and/or Antifreeze	5
Wetting Agent	5
Foam	5
AFFF (Aqueous Film Forming Foam)	5
Loaded Stream	5
Dry Chemical, with stainless Steel Shells	5
Carbon Dioxide	5
Dry Chemical, Stored Pressure, with Mild Steele Shells  Brazed Brass Shells, or Aluminum Shells	12
Dry Chemical, Cartridge or Cylinder Operated, with Mild Steel Shells	12
Bromotrifluoromethane - Halon 1301	12
Bromochlorodifluoromethane - Halon 1211	12
Dry Powder, Cartridge or Cylinder Operated, with Mild Steel Shells	12

Extinguishers shall be inspected monthly, or at more frequent intervals when circumstances require.

Fire Escapes (NDCC 23-09-05: NFPA (National Fire Protection Association) 101, Chapter 17-2.8-1; Uniform Fire Code Article 12)

• Access to fire escapes shall be kept free of obstruction at all times. The proprietor shall provide for adequate exit lighting and exit signs.  
• Each public space, hallway, stairway, or other means of egress shall be properly illuminated. Illumination of means of egress shall be continuous. Artificial lighting shall be employed as needed to maintain adequate illumination.  
• Any hotel/motel with 26 or more rooms shall have emergency lighting.
  - Where maintenance of illumination depends upon changing from one energy source to another, there shall be no appreciable interruption of illumination during the changeover. Emergency lighting shall provide a minimum of one foot candle for 1 hours in the event of failure of the normal lighting.
  - Battery operated emergency lights shall use only reliable types of rechargeable batteries provided with suitable facilities for maintaining them in properly charged condition. Batteries used in such lights or units shall comply with the National Electric Code.
  - An emergency lighting system shall be so arranged to provide the required illumination automatically in the event of any interruption of normal lighting.
  -An emergency lighting system shall be either continuously in operation or capable of repeated automatic operation without manual intervention.
  -  Emergency lighting shall not be required when each guest room has a direct exit to the outside of the building at ground level.  

• Every exit access door from public hallways or from corridors on floors with sleeping accommodations shall have an illuminated sign. Where exits are not visible in a hallway or corridor, illuminated directional signs shall be provided to indicate the direction of exits.  

Sign placement shall be such that no point in the exit access is more than 100 feet from the nearest visible sign. Signs in existing buildings need not meet the 100 feet distance requirement.
Signs designating an exit or way of exit access shall be of such size, color and design so as to be readily visible. No object shall be placed near or in the line of vision to the sign or detract attention from the sign. Every "EXIT", directional "EXIT", and "NOT AN EXIT" sign shall have the appropriate wording in plainly legible letters not less than six inches high with the principle strokes of letters not less than 3/4 inches wide. Existing signs with letters 4 inches high may be used.
Exit signs shall be illuminated by a reliable light source. Externally and internally illuminated signs shall be visible in both the normal and emergency lighting mode.
Illumination of exit signs shall be continuous.
A sign reading "EXIT", or similar designations with an arrow indicating the direction shall be placed in every location where the direction of travel to reach the nearest exit is not immediately apparent.
Any door, passage, or stairway that is neither an exit nor a way of exit access and that is so located or arranged that it is likely to be mistaken for an exit shall be identified with a sign reading "NOT AN EXIT".
A door designed to be normally closed shall be identified with a sign reading "FIRE EXIT - KEEP DOOR CLOSED".

• Any door in a means of egress shall be of the side-hinged, swinging type. Doors shall swing in the direction of exit travel:

When used as an exit, or

When serving a high hazard area, or

When serving an occupant load of 50 or more.

No screen door or storm door in connection with any required exit shall swing against the direction of exit travel.

No door in any means of egress shall be locked against egress when the building is occupied.

Locks, if provided, shall not require the use of a key for operation from the inside of the building.

Panic hardware, if provided, consists of a door latching assembly incorporating a device which releases the latch upon the application of a force in the direction of exit travel.

No latch, padlock, hasp, bar, chain or other fastening device shall be installed or maintained at any time on or in connection with any door on which panic hardware is installed.

A door designed to be normally kept closed in a means of egress, such as a door to a stairway enclosure or horizontal exit, shall be a self-closing door and shall not at any time be secured in the open position, except when held open by an approved automatic release device.

• Doors providing guest room and corridor separation shall be at least 20 minute fire rated. Doors between guest rooms and corridors shall be self-closing. For exits connecting three stories or less, the separation, in stairways, shall have at least a self-closing, one hour fire rated fire resistance rating when the exit connects four or more stories, whether above or below the level of exit discharge. It shall be constructed of an assembly of noncombustible or limited-combustible materials and shall be supported by construction having at least a two hour resistance rating. These doors shall be self-closing and have a 1 hour fire resistance rating.
• Existing transoms installed in corridor partitions of sleeping rooms shall be fixed in the closed position and shall be covered on the room side with 5/8 inch gypsum wallboard to provide a one hour fire rating.

Furnace Room and Hazardous Areas (NFPA 101, Chapter 17-3-2; Uniform Building Code, Chapter 12)
Any room containing high pressure boilers, transformers, or other service equipment subject to possible explosion shall not be located directly under or adjacent to exits.

Hazardous areas shall be separated from other parts of the building by construction having a fire resistance rating of at least one hour and communicating openings shall be protected by approved self-closing fire doors, or such area shall be equipped with automatic fire extinguishing equipment. Hazardous areas shall include, but are not limited to; boiler and heater rooms, laundries (excluding guest laundries), repair shops, rooms or spaces used for storage of combustible supplies and equipment in quantities deemed hazardous by the authority having jurisdiction.

Linen chutes shall terminate in rooms separated from other parts of the building by construction having a fire resistance rating of at least one hour. Every opening into a chute enclosure shall be protected by a self-closing one hour fire rated closure. Openings into the chutes and termination rooms shall not be located in exit corridors or stairways.

Heating equipment shall be properly maintained.  

Other
Electrical equipment and wiring shall be installed according to code and shall be maintained in good repair. Extension cords shall not be used. Over current protection shall be maintained with adequately sized and maintained fuses.

Combustible products shall be stored in an enclosure constructed of materials with a minimum fire resistance rating of one hour (unless otherwise stated) or equipped with an automatic extinguishing system.

Guest rooms (NDCC 23-09-08 and 23-09-09)
Furniture and carpeting shall be kept clean and in good repair.

Bedding and mattresses shall be clean and sufficient in quantity and quality.

Bathrooms, handwashing facilities, and toilets shall be clean and in good repair.

The doors of all rooms used for sleeping purposes in any hotel, motel or lodging house shall be equipped with proper bolts or locks to permit the occupants to lock or bolt such doors securely from within the rooms. Such locks or bolts shall be constructed in a manner which shall render it impossible to unbolt or unlock the door from the outside.

Ice Equipment (NDCC 23-09-09)
The ice machine and ice storage facilities shall be constructed of easily cleanable, durable, nonabsorbent materials, shall be clean, in good repair, and installed according to the North Dakota state plumbing code. The ice machine and ice storage facilities shall be located where contamination will be minimal and the ice bins shall be kept covered at all times except when being used.

The ice machine, ice buckets and scoops shall be cleaned and sanitized in one of the following ways:

Immersion for at least one-half minute in clean hot water at a temperature of at least 170/F, or

Immersion for at least one minute in a clean solution containing at least fifty parts per million of available chlorine as a hypochlorite at a water temperature of at least 75F, or

Immersion for at least one minute in a clean solution containing at least 12.5 parts per million of available iodine at a water temperature of at least 75F, or

Immersion for at least one minute in a clean solution containing 200 parts per million of a quaternary ammonium compound at a water temperature of at least 75F, or

Immersion in any other solution containing a chemical sanitizing agent allowed under 21 CFR 178.1010, or

Rinsing, spraying or swabbing with a chemical sanitizing solution at least twice the strength required for that particular sanitizing solution in (b-e) above.
REASON: Regular, effective cleaning and sanitizing of equipment and utensils minimizes the probability of contaminating ice and transmitting disease organisms. Effective cleaning will remove soil and prevent the accumulation of residues which may decompose or support the rapid development of food poisoning organisms or toxins. Effective sanitizing procedure destroys those disease organisms which may be present on utensils and equipment after cleaning and prevents the transfer of such organisms to consumers or employees.

Cleaned and sanitized (equipment/utensils) or single-service articles shall be stored at least six inches above the floor in a clean, dry location in a way that protects them from contamination. Equipment/utensils shall not be stored under exposed sewer lines or water lines (except automatic fire protection sprinkler heads). Ice dispensing utensils shall be stored on a clean surface or in the ice with the dispensing utensil's handle extending out of the ice. Equipment/utensils shall be handled and dispensed in a manner that prevents contamination.

Single-service articles may not be reused.
REASON: Improper storage or equipment, utensils and single-articles may expose them to contamination from many factors such as splash or dust.

General Facilities (NDCC 23-09-09, 23-09-10; State Plumbing Code Chapter 62-03-10)
Enough potable water for the needs of the establishment shall be provided from a source constructed and operated according to law. Water under pressure at the required temperature shall be provided to all fixtures and equipment that uses water.
REASON: Unless of a safe and sanitary quality, water may serve as a source of contamination for ice, equipment and utensils. Unsafe water is also a vehicle in the transmission of disease. Hot and cold water under pressure is necessary for the thorough cleaning and sanitization of equipment/utensils, physical facilities and for proper employee hygiene.

All sewage shall be disposed of by a public sewage system or by a sewage disposal system constructed and operated according to law.
REASON: Proper disposal of sewage is required to prevent contamination of ground surfaces and water supplies, or creation of other unsanitary conditions that may attract insects and other vermin.

Plumbing shall be sized, installed, and maintained according to law. There shall be no cross-connection between the potable water supply or any source of pollution through which the potable water supply might become contaminated.

The potable water system shall be installed to protect against backflow and backflow/backsiphonage. Devices shall be installed to protect against backflow and backsiphonage at all fixtures and equipment where an air gap at least twice the diameter of the water supply inlet is not provided between the water supply inlet and the fixture's flood rim. A hose shall not be attached to a faucet unless a backflow prevention device is installed.

Public Toilet and Handwashing Facilities (NDCC 23-09-09; State Plumbing Code Chapter 62-03-07)
In municipalities in which a municipal water supply and sewer system is maintained, every hotel, motel and lodging house shall be equipped with suitable toilet facilities for the accommodations of its guests. Such toilet rooms shall be mechanically ventilated. All handwashing facilities, bathtubs, sinks, drains and toilets shall be connected with such sewer system. If public restrooms are provided, separate toilet facilities shall be furnished for each sex, each being properly designated.

Toilet facilities shall be installed according to law, shall be the number required by law, shall be conveniently located, and shall be accessible to employees at all times. Toilets and urinals shall be designed to be easily cleaned.

If there is no municipal system available, plans and specifications for a private water supply and/or sewage disposal system must be approved by the state department of health. Plans must be submitted to the Division of Water Supply and Pollution Control for approval.
REASON: Adequate, sanitary toilet facilities are necessary for the proper disposal of human waste which carried pathogenic microorganisms and for the prevention of the spread of disease by flies, insects, clothing, hands, or other means. Where toilet facilities are of a sanitary design and are kept clean and in good repair, employees are motivated toward proper attitudes regarding sanitary practices and conditions.

Handwashing facilities shall be at least the number required by law, shall be installed according to law, and shall be located in or immediately adjacent to toilet rooms for convenient use by guests. Handwashing facilities shall also be accessible to employees at all times. Sinks used for washing equipment or utensils shall not be used for handwashing.

Each handwashing facility shall be provided with hot and cold water tempered by means of a mixing valve or combination faucet. Any self-closing, slow-closing, or metering faucet shall be designated to provide a flow of water for at least fifteen seconds without the need to reactivate the faucet. Use of steam-mixing valves is prohibited. A supply of hand cleansing soap or detergent shall be available at each handwashing facility. A supply of sanitary towels or a hand-drying device providing heated air shall be conveniently located near each handwashing facility. The use of common towels is prohibited. If disposable towels are used, easily cleanable waste receptacles shall be conveniently located near the handwashing facilities. Handwashing facilities, soap dispensers, hand-drying devices and all related fixtures shall be kept clean and in good repair.

Toilet rooms shall be completely enclosed and shall have tight-fitting, self-closing, solid doors, which shall be closed except during cleaning or maintenance unless otherwise provided by law. Toilet fixtures shall be kept clean and in good repair. A supply of toilet tissue shall be provided at each toilet at all times. Public toilet rooms used by women shall have at least one covered waste receptacle.
REASON: Hands are probably the most common vehicle for the transmission of contamination. To encourage the thorough washing of hands, handwashing facilities must be accessible, conveniently located, clean and maintained in good repair, and must be supplied with warm water, soap and towels.

Garbage and Refuse Disposal (NDCC 23-09-09)
Garbage and refuse shall be kept in durable, easily cleanable, insect-and rodent resistant containers that do not leak and do not absorb liquids. Plastic bags and wet strength paper bags may be used to line these containers.

Containers stored outside the establishment, including dumpsters, compactors and compactor systems shall be easily cleanable, shall be provided with tight-fitting lids, doors or covers and shall be kept covered when not in actual use. Containers designed with drains shall have drain plugs in place at all times, except during cleaning.

There shall be a sufficient number of containers to hold all the garbage and refuse that accumulates.

Soiled containers shall be cleaned at a frequency to prevent insect and rodent attraction. Each container shall be thoroughly cleaned on the inside and outside.

Garbage and refuse shall be disposed of often enough to prevent the development of odor and the attraction of insects and rodents.

Where garbage or refuse is burned on the premises, it shall be done by controlled incineration which prevents the escape of particulate matter in accordance with law. Areas around incineration facilities shall be clean and orderly.

Garbage and refuse on the premises shall be stored in a manner which makes them inaccessible to insects and rodents. Outside storage of unprotected plastic bags or wet strength paper bags or baled units containing garbage or refuse is prohibited. Cardboard or other packaging materials not containing garbage or food wastes may be stored in containers without covers.

Inside garbage or refuse storage rooms, if used, shall be constructed of easily cleanable, nonabsorbent, washable materials, shall be kept clean, shall be insect-and rodent-proof, and shall be large enough to store the garbage and refuse that accumulates.

Outside storage areas or enclosures shall be large enough to store the garbage and refuse containers that accumulate and shall be kept clean. Garbage and refuse containers, dumpsters and compactor systems located outside shall be stored on or above a smooth surface of nonabsorbent material, such as concrete or machine-laid asphalt, that is kept clean and maintained in good repair.

Insect and Rodent Control (NDCC 23-09-09)
Effective measures intended to minimize the presence of rodents, flies, cockroaches, and other insects on the premises shall be utilized. The premises shall be kept in such condition as to prevent the harborage or breeding of insects or rodents.

Openings to the outside shall be effectively protected against the entrance of rodents. Outside openings shall be protected against the entrance of insects by tight-fitting, self-closing doors, closed windows, screening, controlled air currents, or other means. Screen doors shall be self-closing, and screens for windows, doors, skylights, intake and exhaust air ducts, and other openings to the outside shall be tight-fitting and free of breaks. Screening materials shall not be less than sixteen mesh to the inch.
REASON: Insects and rodents are capable of transmitting diseases to man. Therefore, their presence must be kept to a minimum by measures designed to prevent their entrance.

Floors  
Floors and floor coverings in all equipment/utensil storage and utensil-washing areas, dressing rooms, locker rooms, toilet rooms, and vestibules shall be constructed of smooth, durable material, such as sealed concrete, terrazzo, ceramic tile, durable grades of linoleum or plastic, or tight wood impregnated with plastic, and shall be maintained in good repair. Nothing in this section shall prohibit the use of antislip floor coverings in areas where necessary for safety reasons.

Carpeting, if used as a floor covering, shall be fire rated Class II, shall be of closely woven construction, properly installed, easily cleanable, and maintained in good repair. Carpeting is prohibited in equipment/utensil-washing areas where it would be exposed to large amounts of water, and in toilet room areas where urinals or toilet fixtures are located.
REASON: Floors that are properly constructed, smooth, maintained in good repair, and are non-absorbent can be easily cleaned and will not create unsanitary conditions. Documentation of the fire rating of carpeting shall be available. Previously installed floor coverings which are not fire rated may be used, subject to department approval.

Walls and Ceilings
Interior finish on walls and ceilings shall be of an approved class as stated in NDPA 101, 17-3.3.1.

The walls, including non-supporting partitions, wall coverings, and the ceilings of equipment/utensil-washing areas, toilet rooms and vestibules hall be light colored, smooth, nonabsorbent, and easily cleanable. Concrete or pumice blocks used for interior wall construction in these locations shall be furnished and sealed to provide an easily cleanable finish.

Walls and ceilings, including doors, windows, skylights and similar closures, shall be maintained in good repair.
REASON: Walls and ceilings that are properly constructed, smooth, maintained in good repair and are nonabsorbent, can be easily cleaned and will not create in sanitary conditions. Walls and ceilings in equipment/utensil-washing areas, toilet rooms and vestibules shall be light colored to aid in the distribution of light to facilitate thorough cleaning and the observance of good sanitary procedures.

Lighting and Ventilation (NDCC 23-09-09)  
Permanently fixed artificial light sources shall be installed to provide at least twenty foot candles of light at equipment or utensil-washing work levels, in utensil and equipment storage areas and in handwashing and toilet areas.

All rooms shall have sufficient ventilation to keep them free of excessive heat, stream, condensation, vapors, obnoxious odors, smoke and fumes. Ventilation systems shall be installed and operated according to law, and when vented to the outside, shall not create an unsightly, harmful or unlawful discharge.

Intake and exhaust air ducts shall be maintained to prevent the entrance of dust, dirt, and other contaminating materials.

In new or extensively remodeled establishments, all rooms from which obnoxious odors, vapors or fumes originate shall be mechanically vented to the outside.
REASON: Ample light, properly distributed, makes dirt conspicuous, and is imperative for the complete cleaning and sanitization of equipment and utensils. Sufficient ventilation reduces condensation and this inhibits mold or bacterial growth. It also facilitates the removal of air which may become contaminated during cleaning and precludes the concentration of toxic gases.

LAUNDRY FACILITIES (NDCC 23-09-09)  
Laundry facilities shall be used only for the washing and drying of bedding, linens, towels and other items necessary to the operation. If such items are laundered on the premises, and electric or gas dryer shall be provided and used.

Separate rooms shall be provided for laundry facilities.

Clean bedding and linens shall be stored in a clean place and protected from contamination until used.

Soiled bedding and linens shall be stored in nonabsorbent containers or washable laundry bags until removed for laundering. REASON: For the general cleanliness of the establishment, and to preclude situations that could lead to cross-contamination of clean and dirty laundry, general preventative measures must be implemented throughout the establishment and all areas under the control of the operator.

Other Operations (NDCC 23-09-09)
Poisonous or toxic materials consist of the following two categories:

Insecticides and rodenticides;

Detergents, sanitizers, related cleaning or drying agents, and caustics, acids, polishes, and other chemicals.

Each of the categories set forth in this section shall be stored and physically located separate from each other. All poisonous or toxic materials shall be stored in cabinets or in a similar physically separate place used for no other purpose. To preclude contamination, poisonous or toxic materials shall not be stored above ice, equipment or single-service articles, except that this requirement does not prohibit the convenient location of detergents or sanitizers at utensil/equipment washing stations.

There shall be present only those poisonous or toxic chemicals necessary for the operation and the maintenance of the establishment, cleaning and sanitizing equipment and utensils, and controlling insects and rodents. Containers of poisonous or toxic materials shall be prominently and distinctly labeled according to law for easy identification of contents.

Bactericides, cleaning compounds or other compounds intended for use on ice-contact surfaces shall not be used in a way that leaves a toxic residue on such surfaces or that constitutes a hazard to employees or other persons.

Poisonous or toxic materials shall not be used in a way that contaminates food, equipment, or utensils, in any way that constitutes a hazard to employees or other persons, or in any way other than in full compliance with the manufacturer's labeling.
REASON: In order to reduce the potential for contamination, stored poisonous and toxic materials should be limited to those necessary for the maintenance of the establishment. Proper labeling, use, storage, and handling of poisonous and toxic materials are essential to prevent accidental misuse of the product.

Hotels, motels, lodginghouses and all property used in connection with their operation shall be kept free of litter and refuse. The walking and driving surfaces of all exterior areas shall be surfaced with concrete or asphalt, or with gravel or similar material effectively treated to facilitate maintenance and minimize dust. These surfaces shall be graded to prevent pooling and shall be kept free of litter and refuse. Only articles necessary for the operation and maintenance of the establishment shall be stored on the premises.
REASON: Outside walking and driving surfaces and all other exterior areas must be free of litter and refuse, properly surfaced and graded to prevent creating harborage or attractive nuisances, and to minimize dust or pooling of water.

In new or extensively remodeled establishments, at least one utility sink or curbed cleaning facility with a floor drain shall be provided and used for the cleaning of mops and similar wet floor cleaning tools and for the disposal of mop water or similar liquid wastes. The use of handwashing, utensil or equipment sinks for this purpose is prohibited.

NORTH DAKOTA ADMINISTRATIVE CODE SECTION 33-33-05

SMOKE DETECTOR RULES

33-33-05-01. Smoke detectors required. Every sleeping room in a hotel, motel, or lodging house shall be equipped with a smoke detection device which has been inspected and listed by underwriters laboratories, factory mutual engineering division or equivalent. Smoke detectors shall be installed in accordance with the manufacturer's installation instructions.

33-33-05-02. Passageway devices - General alarm. Hotels, motels, or lodginghouses with any indirect access from sleeping rooms to the outside shall have hallways or ingress-egress passageways equipped with listed smoke detection devices. Hallway or ingress-egress passageway smoke detection devices shall be wired into an approved general fire alarm system so as to sound a general alarm when any of the smoke detection devices are activated. Audible signaling appliances shall be located so as to be clearly heard throughout the area regardless of the maximum noise level under normal conditions of occupancy. In all cases one appliance must be installed for each seventy-five feet [22.86 meters] of hallway or ingress-egress passageway or fraction thereof.

33-33-05-03. Devices for the hard of hearing. At least one sleeping room in every hotel, motel, or lodging house shall be equipped with a listed smoke detection device capable of producing at least eighty-five decibels of sound at ten feet [3.05 meters] and capable of flashing a two hundred fifty watt bulb for a period of five minutes.

33-33-05-04. Initial testing and certification. After a smoke detection system has been initially installed, the hotel, motel, or lodging house owner or manager shall certify in writing to the state department of health and consolidated laboratories that the system has been tested and that each smoke detection device is working properly. Copies of written installer certifications will be accepted as owner or manager certifications.

33-33-05-05. System inspection - Testing- Maintenance.
No smoke detection device shall be approved unless the device installer:
Instructs the owner or manager in the operation of the system.
 Provides the owner or manager with a set of written instructions for the proper maintenance and testing of the system.

The owner or manager of a hotel, motel, or lodging house shall spot test the smoke detection system at least weekly and shall maintain written records which:
 Detail the date of the test, the units tested, the name of the person conducting the test, and the results of the test.
 Indicate the date, results, and name of the person conducting a complete system maintenance inspection and test. Complete tests shall be conducted once each year or as necessary to assure proper operational condition.

The owner or manager of a hotel, motel, or lodging house is responsible for, and shall cause, the necessary maintenance service or repairs to be made to ensure proper operational conditions of the smoke detection system at all times.    

Division of Food and Lodging
North Dakota Department of Health
2635 East Main Avenue, PO Box 937
Bismarck, ND 58502-0937
701-328-6150
Department of Health Website: http://www.health.state.nd.us/ndhd

Chapter 23-09.1
BED AND BREAKFAST FACILITIES  

Administrative Rules

23-09.1-01. Definitions. As used in this chapter:
"Bed and breakfast facility" means a private home that is used to provide accommodations for a charge to the public, with not more than seven lodging units, in which no more than two family style meals are provided.

"Department" means the North Dakota state department of health.

"Family style meal" means a meal ordered by persons staying at a bed and breakfast facility which is served from common food service containers, as long as any food not consumed by those persons is not reused or fed to other people if the food is unwrapped.  
23-09.1-02. Bed and Breakfast facilities - Powers of state department of health. The state department of health shall establish by rule the procedures for licensing, qualifying, classifying, inspecting, and regulating persons providing bed and breakfast facilities in private homes, including rules affecting the health and safety of the facility and the persons using the facility. No political subdivision, including a home rule city or county, may impose health and safety, licensure, or inspection requirements that exceed the requirements of this chapter or rules adopted by the department of health.  
23-09.1-02.1. Inspection. The department shall inspect each bed and breakfast facility at least once every two years. Any duly authorized officer, employee, or agent of the department may enter and inspect any property or place on or at which a bed and breakfast facility is located or is being constructed, installed, or established at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and ruled adopted under this chapter.
23-09.1-02.2. License required - Application - Issuance. Before any bed and breakfast facility may operate in this state it must be licensed by the department. Licenses expire on December thirty-first following the date of issuance unless canceled by failure to comply with this chapter or with any of the rules adopted under this chapter. Renewal application for license must be made to the department during December of every year. A license must be issued upon compliance by the applicant with provisions of this chapter and any rules adopted under this chapter. The application must be in writing on forms furnished by the department and must be accompanied by the required fee. Licenses issued by the department are not transferable nor applicable to any premises other than those for which the license was issued.
23-09.1-03. License fees. The annual license fee paid to the department by proprietors of bed and breakfast facilities is fifteen dollars.
23-09.1-04. Injunction proceedings. Whenever in the judgement of the department any person has engaged in or is about to engage in any acts or practices which constitute a violation of this chapter, or any rule or order issued under this chapter, the department may maintain an action in the name of the state enjoining the action or practices or for an order directing compliance and, upon a showing by the department that the person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.
23-09.1-05. Penalty. Any person who willfully violated this chapter or any rule or order of the department must be punished by a civil penalty of not more than three hundred dollars per day of violation.

NORTH DAKOTA ADMINISTRATIVE CODE SECTION 33-33-06

BED AND BREAKFAST FACILITIES  

Administrative Rules apply to the following:

33-33-06-01. Definitions.  

• "Approved" means acceptable to the department based on a determination as to conformance with appropriate standards and good public health practice.
• "Corrosion-resistant material" means a material which maintains its original surface characteristics under prolonged influence of the food, cleaning compounds, and sanitizing solutions which may contact it.
• "Department" means the state department of health or its designated agent.
• "Easily cleanable" means that surfaces are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by normal cleaning methods.
• "Employee" means the permit holder, individuals having supervisory or management duties, and any other person working in a bed and breakfast facility.
• "Equipment" means stoves, ovens, ranges, hoods, slicers, mixers, meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, and similar items other than utensils, used in the operation of a bed and breakfast facility.
• "Family style meal" means a meal ordered by persons staying at a bed and breakfast facility which is served from common food service containers, as long as any food not consumed by those persons is not reused or fed to other people if the food is unwrapped.
• "Food" means any raw, cooked, processed edible substance, or combination of substances, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.
• "Food contact surfaces" means those surfaces of equipment and utensils with which food normally comes in direct contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.
• "Food processing establishment" means a commercial establishment in which food is manufactured or packaged for human consumption. The term does not include a food service establishment, retail food store, or commissary operation.
• "Kitchenware" means all multiuse utensils other than tableware.
• "Lodging unit" means a room with one or more beds for an unspecified number of persons.
• "Perishable food" means any food of such type or in such condition as may spoil.
• "Potentially hazardous food" means any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
• "Private home" means a place if residence of an individual or family.  
• "Proprietor" means the person in charge of the bed and breakfast facility whether as owner, lessee, manager, or agent.  
• "Sanitize" means effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the department as being effective in destroying microorganisms, including pathogens.  
• "Single-service articles" means cups, containers, lids or closures, plates, knives, forks, spoons, stirrers, paddles, straws, place mates, napkins, doilies, wrapping materials, and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic synthetic, or readily destructible materials, and which are intended for one usage only, then to be discarded.  
• "Tableware" means multiuse eating and drinking utensils.
• "Utensil" means any implement used in the storage, preparation, transportation, or service of food.

33-33-06-02. Water supply. The water supply must be adequate, of a safe sanitary quality and from a source approved by the department. The water supply may not contain bacteriological, chemical, or physical impurities which affect, or tend to affect public health, must meet the bacteriological standards of the United States public health service for waters used upon public or interstate common carriers, and is subject to examination by the department. If it is unfit for drinking under these requirements, it either shall be improved to fulfill the standards or the use thereof shall be discontinued.

Each private water source shall be sampled and tested for bacteria initially and every twelve-month period thereafter. Seasonal operations shall be sampled during the peak operating season.

Each private water source shall be sampled initially for nitrate analysis. Seasonal operations shall be sampled during the peak operating season.

Additional bacteriological or chemical tests may be required by the department.

Initially each private source shall be inspected for location, source protection, and design standards.

No cross connections with unapproved water supplies may exist.

Adequate hot water heating facilities shall be provided. Hot and cold running water under pressure shall be provided to food preparation areas, and any other areas in which water is required for cleaning.  

33-33-06-03. Sewage. All sewage shall be disposed of in a public sewerage system or in a sewage disposal system approved by the department.

An initial inspection shall be made of all existing onsite sewage disposal systems by the department. This inspection shall evaluate system adequacy and if no expansion of existing dwelling facilities is occurring, no expansion of the system may be required as long as the system is not failing or otherwise contaminating surface or ground water.

If an expansion of the dwelling facilities occurs, then evaluation of the onsite sewage disposal system shall be completed by the department. If the system is adequate in size, then system expansion shall be required as per local regulations or, the requirements in ND Publication WP-74-1 (Septic Tank and Absorption Field Disposal Systems for the Home). Plans for expansion shall be submitted to the local jurisdiction or, the department, water supply and pollution control division, for review and approval prior to construction.

The department may require that the septic tank be opened to check its construction. If the department determines that pumping of the tank is necessary, the department may require this to occur.

If the department determines that the onsite system needs repair or a new system is required, then the system shall be repaired or replaced in accordance with local regulations, or ND Publication WP-74-1 (Septic Tank and Absorption Field Disposal Systems for the Home).

33-33-06-04. Food supplies. Food must be in sound condition, free from spoilage, filth, or other contamination and must be safe for human consumption. Food shall be obtained from or be equal to food from sources that comply with all laws relating to food and food labeling. Before serving any food to the public, the bed and breakfast facility shall comply with all applicable inspections of food required by law. Fluid milk and fluid milk products used or served shall be pasteurized and shall meet the grade A quality standards established by law.

33-33-06-05. General food protection. At all times, including while being stored, prepared, displayed, served, or transported, food shall be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding, drainage, overhead leakage or overhead drippage from condensation and chemicals. The temperature of potentially hazardous food must be forty-five degrees Fahrenheit [7.2 degrees Celsius] or below or one hundred forty degrees Fahrenheit [60 degrees Celsius] or above at all times, except during necessary periods of preparation and serving. Frozen food shall be kept at such temperatures as to remain frozen, except when being thawed for preparation or use. Potentially hazardous frozen food shall be thawed at refrigerator temperatures of forty-five degrees Fahrenheit [7.2 degrees Celsius] or below; or quick-thawed as part of the cooking process. An indicating thermometer shall be located in each refrigerator. Raw fruits and vegetables shall be washed thoroughly before use. Stuffing's, poultry, stuffed meats and poultry, and pork and pork products shall be thoroughly cooked before being served. Salads made of meat, poultry, potatoes, fish, shellfish, or eggs, and other potentially hazardous prepared food, shall be prepared, preferably from chilled products, with a minimum of manual contact. Portions of food once served to an individual may not be served again.

Refrigeration facilities, hot food storage facilities, and effective insulated facilities shall be provided as needed to assure the maintenance of all food at required temperatures during storage, preparation, and serving.

Live pets are not allowed in and room or area in which food is being prepared for guests.

33-33-06-06. Food service equipment and utensils materials. Multiuse equipment and utensils shall be constructed and repaired with safe materials, including finishing materials, shall be corrosion resistant and nonabsorbent; and shall be smooth, easily cleanable and durable under conditions of normal use. Single-service articles shall be made from clean, sanitary, safe materials. Equipment, utensils, and single service articles may not impart odors, color, or taste, nor contribute to the contamination of food.

Multiuse eating and drinking utensils, kitchenware, and tableware used in the facility shall be sanitized after each use or, single-service items may be used. Acceptable means of dishwashing/sanitization shall be:

Manual cleaning and sanitizing utilizing a sink with two or three compartments with approved chemical sanitizing. Utensils shall be air dried.

Mechanical home style dishwasher with a one hundred sixty degrees Fahrenheit [71.1 degrees Celsius] water supply provided by a booster heater or sanitizing cycle.

33-33-06-07. General employee health. No employee, while infected with a disease in a communicable form that can be transmitted by foods or who is a carrier of organisms that can cause such a disease or while afflicted with a boil, an infected wound, or an acute respiratory infection, may work in a bed and breakfast facility in any capacity in which there is a likelihood of such employee contaminating food or food-contact surfaces with pathogenic organisms or transmitting disease to other person.

Bed and breakfast employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices. Employees shall thoroughly wash their hands with soap and warm water before preparing or serving food.

33-33-06-08. Lighting and ventilation. Rooms and areas used in conjunction with bed and breakfast facilities shall be lighted and ventilated as needed and shall be effective under actual use conditions. Lighting fixtures and ventilating equipment shall be kept clean and in good repair.

33-33-06-09. Toilet, handwashing, laundry, and bathing facilities. Bed and breakfast facilities shall be provided with approved sanitary toilet, handwashing, and bathing facilities. These facilities, and laundry facilities used in conjunction with bed and breakfast facilities, shall be kept clean and in good repair.

All lavatories and baths shall be supplied with hot and cold running water. Each person who is provided accommodations shall be provided individual soap and clean individual bath cloths and towels.

The temperature of hot water furnished to handwashing sinks (lavatories), showers, and bathtubs may not exceed one hundred twenty degrees Fahrenheit [48.0 degrees Celsius].

Clean towels and bath cloths shall be stored and handled in a sanitary manner.

33-33-06-10. Bed, linens, and furniture.   Furniture, mattresses, curtains, and draperies, etc. shall be kept clean and in good repair.

Clean bed linen in good repair shall be provided for each quest who is provided accommodations and shall be changed between guests and as often as necessary.

Clean linen shall be stored and handled in a sanitary manner and separate from soiled linen.

33-33-06-11. Insect and rodent control. Effective measures intended to minimize the presence of rodents, flies, and other insects on the premises shall be utilized. The premises shall be kept in such condition as to prevent the harborage or feeding of insects or rodents. Openings to the outside shall be protected effectively against the entrance of rodents and insects by tight-fitting, self-closing doors, closed windows, screening, or other means.

33-33-06-12. General requirements. Pesticides, herbicides, and other substances which may be hazardous if ingested, inhaled, or handled shall be stored in a closet, cabinet, or box not accessible to young children.

Household cleaning agents such as bleaches, detergents, and polishes shall be stored out of reach of young children.

Medications shall be stored in a separate cabinet, closet, or box not accessible to young children.

Bed and breakfast facilities shall be kept in a clean and sanitary condition.

33-33-06-13. Swimming pools and spas. When swimming pools and spas are provided for use by bed and breakfast facility guests, they shall be operated in accordance with article 33-29 (Pool Facilities in North Dakota).

33-33-06-14. Fire safety. Bed and breakfast facilities shall be in compliance with the requirements of the Uniform Building Code and Uniform Fire Code as adopted and enforced by the state fire marshal. The department shall report to the state fire marshal violations of any provision of the Code which might constitute a fire hazard in the premises so inspected.

The requirements for fire/life/safety shall include, but not be limited to, the following:

Smoke detectors.

A smoke detection device in good operating condition shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. All smoke detectors shall be inspected and listed by underwriter's laboratories or an equivalent. Smoke detectors shall be installed in accordance with the manufacture's installation instructions.

A smoke detector shall be installed in the basement of the dwelling units having a stairway which opens from the basement into the dwelling. Such detector shall be connected to a sounding device or other detector to provide an alarm which will be audible in the sleeping area.

The owner of the facility shall test the smoke detectors at least weekly and shall maintain written records which detail the date and results of the test.

Every sleeping unit shall provide a minimum of fifty square feet [4.65 square meters] of floor area per guest.

Every sleeping unit shall have at least one operable window or exterior door approved for emergency escape or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. All escapes or rescue windows from sleeping rooms must have a minimum net clear opening of 5.7 square feet [5.2 square meters]. The minimum net clear opening height dimension must be twenty-four inches [60.96 centimeters]. The minimum net clear opening width dimensions must be twenty inches [50.8 centimeters]. Where windows are provided as a means of escape or rescue, they must have a finished sill height not more than forty-four inches [111.76 centimeters\ above the floor. No sleeping unit in bed and breakfast facilities may be in attic lofts or in basement rooms with a single major means of escape.

A fire extinguisher rated 2A and having a BC rating must be conveniently located and accessible in the bed and breakfast facility. The maximum travel distance to the extinguisher must be no more than seventy-five feet [22.86 meters].

Emergency numbers shall be posted on the telephones in the bed and breakfast facility.

33-33-06-15. Inspection - Records kept. Repealed effective January 1, 1990.

33-33-06-16. License - Application. Repealed effective January 1, 1990.

33-33-06-17. Failure to comply with provisions of chapter. Any proprietor of any bed and breakfast facility who fails to comply with any of the requirements of this chapter, or chapter 23-09.1 of the North Dakota Century Code, shall be given notice of the violation and of a reasonable time within which to comply with the requirements. The notice shall be in writing and shall be delivered personally by the department or shall be sent to the proprietor by any form of mailing required a signed receipt and resulting in delivery to the proprietor. If the proprietor of the bed and breakfast facility fails to remedy the violations within the time stated within the notice, the department may refuse to grant a new license, or suspend or revoke the license through an administrative hearing held pursuant to Chapter 28-32 of the North Dakota Century Code.

BED AND BREAKFAST FACILITIES

GUIDELINES TO MINIMUM REQUIREMENTS

• Water supply

Safeguards of water well construction.

Private wells must be located at least 50 feet from pits, cesspools, septic tanks, absorption fields, sewers, barnyards, feedlots and high watermarks of lakes, streams, sloughs, ponds, etc. Depending on the terrain, soil type and other factors, it may be advisable to locate wells further than the prescribed distances.

Wells must be at least 30 feet from cast iron soil pipe connected to sewers.

Wells must be at least 10 feet from a basement or pit.

All wells must be watertight to exclude contamination and the well vent must be properly screened.

All wells must be grouted from the bottom of the annular opening upwards in one continuous operation. Grout must be at least 1.5 inches thick and must extend a minimum of 20 feet from the surface of the ground or the bottom of the pit less unit when one is used. The process of grouting fills and seals the space around the well casing thus preventing contaminated water from entering the aquifer. Grout is a slurry of portland cement and water mixed in a ratio of approximately six gallons of water per 94 pound bag of cement.

All wells must be properly disinfected by using forms of chlorine such as HTH (Calcium Hypochlorite) in a dosage strength of 50 to 100 mg/l. Chlorine tablets or laundry bleach may also be used in amounts sufficient to obtain a satisfactory concentration.

• Record Maintenance

Any owner or operator of a bed and breakfast facility retain on its premises or at a convenient location near its premises, the following records;

The date, disinfectant used, concentration and person conducting the disinfection procedure whenever the well becomes contaminated.

Bacteriological and chemical analysis. Records of bacteriological analysis must be kept for not less than five years. Records of chemical analysis must be kept for not less than ten years. Actual laboratory reports may suffice for this type of record keeping.

Bacteriological Criteria
An MPN (Most Probable Number) of coliform organisms of less than 2.2/100 ml by the multiple tube fermentation technique, or less than 1/100 ml by the membrane filter technique.

Nitrate Criteria
Some waters containing over 10 mg/l nitrates as (NON) or 45 mg/l nitrates as (NO) have been shown to cause a condition known as methemoglobinemia or "BlueBaby Syndrome" in infants. Therefore, it is recommended that waters having greater than 10 mg/l nitrates as (NON) or 45 mg/l nitrates as (NO) not be used for infants, especially in the regular preparation of infant formula.

• Sewage system
  Disposal of wastes from toilets must preferably be into a sanitary sewer system. Where sewage systems are not available to a bed and breakfast facility, the minimum satisfactory method must be included treatment in a septic tank with the effluvia discharged into the soil.

• Septic Tank
  Tank must be constructed of "poured in place" or precast concrete, approved coated steel or fiberglass. The cover must be designed to support a dead load of not less than 150 pounds per square foot.

The minimum capacity of the tank must be 1000 gallons at operating water level. The capacity of the tank should be increased by 250 gallons for each additional bedroom if more than four bedrooms are services. The tank must be able to hold liquid for 48 hours.

The septic tank must not be located within ten feet of any building or within 50 feet of a private water supply.

The septic tank shall be cleaned by a licenses septic tank pumper when approximately one foot of sludge has accumulated on the bottom of the tank to prevent the drain field from clogging.

Absorption Field
The septic tank absorption system sewage disposal method depends upon the bacteria in the soil for treatment of the septic tank effluent. It is important that the absorption trenches are constructed properly and have an area large enough to allow sufficient leaching. The arrangement of the drain field is determined by the terrain. Drain fields will not operate properly in areas which have a high water table. When the drain fields branch out, a minimum of six inches of undisturbed earth must remain between adjacent trenches.

The trenched should be 18 inches to 24 inches wide, at least 24 inches deep, and not longer than 100 feet in length.

The area of the absorption field is defined as the area of the trench bottom. The absorption field area per bedroom is based on results of a percolation test.

The following policies are in effect in regard to sewage and waste disposal systems. These policies have been promulgated to protect the public health, abate nuisances and odor conditions, to control pollution and to abate the problem of nutrients from sewage and waste sources entering the water of recreational reservoirs and lakes, rivers, streams or other bodies of water.

All privies, cesspools, septic tanks and drain fields and other waste disposal facilities must be located 100 feet or more back from the high water level of recreational reservoirs and lakes, rivers, streams or other bodies of water. Drain fields must be adequate to handle all liquid wastes.

There must be no pumping or discharge of liquid waste from the septic tank or the drainage field or other waste disposal facilities to a reservoir, lake, river, stream or other body of water.

There must be no pumping or discharge of liquid waste from the septic tank or drainage field or other waste disposal facilities to the ground surface or to ground areas within 100 feet of the water shoreline or to any area which pumpage drains into a reservoir, lake river, stream, or other body of water.

Sludge solids from septic tanks or solids from other waste facilities must be disposed of in remote areas away from habitation and in such a manner that no water pollution problems are created.

Water and sewage disposal facilities should be located and constructed so they will not endanger the facilities or adjacent residents.

• Food supply requirements included but not limited to:

• Must use Grade A pasteurized milk and milk products from an approved source.

• Only clean, whole, uncracked, odor-free shell eggs must be used.

• Meat shall be USDA inspected product.

• Can serve homegrown vegetables if fresh or frozen.

General food protection

Potentially hazardous food means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean, or other ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.6 or below or a water activity (aw) value of 0.85 or less.

Potentially hazardous foods requiring cooking must be cooked to heat all parts of the food to a temperature of at least 140 F except that:

Poultry, poultry stuffing, stuffed meats and stuffing containing meat must be cooked to heat all parts of the food to at least 165 F with no interruption of the cooking process.

Pork and nay food containing pork must be cooked to heat all parts of the food at least 150F.

Rare roast beef must be cooked to an internal temperature of at least 130F.

Potentially hazardous foods that have been cooked and then refrigerated, must be reheated rapidly to 165F or higher before being served.

A metal stemmed food thermometer is required for monitoring food temperatures.

Dishwashing procedure
Manual dishwashing in two compartment sink

First sink wash in hot water with detergent, second sink, clear water rinse, drain first sink and refill with sanitizing solution, immerse dishes in sanitizing rinse for at least one minute and air dry. Towel drying dishes is prohibited.

Manual dishwashing in three compartment sink

First sink wash in hot water with detergent, second sink clear water rinse, third sink immerse dishes in sanitizing rinse for at least one minute, air dry.

Mechanical dishwashing. Water temperature must be at least 160F.

Chemical sanitizers for manual dishwashing.

Chlorine sanitizer household bleach for example at 50200 ppm chlorine (approximately 1 ounce/gal of water). Also commercial chlorine sanitizers available. Iodine sanitizer at 12.525 ppm. Quaternary Ammonium chloride sanitizer (QUAT) 200 ppm.

Whenever a chemical sanitizer is used, chemical test papers for that sanitizer must be provided.

When using hot water for sanitization in a dishwasher a maximum registering thermometer must be provided or temperature indicative papers provided so that the temperature of the dishwasher can be monitored.

Good hygienic practices
Must thoroughly wash hands before beginning food ( or utensil/equipment) preparation or handling.

Must not smoke, eat or consume beverages while preparing food.

Hands must not be wiped on a common cloth. Approved hand towels disposable individual

towels used only for hand wiping.

Bathrooms or toilet rooms

Recommend the use of soft soap in sanitary dispenser.

If bar soap is used must have individual soap for each person.

Individual clean bath towels and cloths must be provided.

General requirements
Recommend storing medicines and toxic products in locked cabinet/drawer. etc. In any case, must be stored out of the reach of children.

All garbage, refuse, rubbish and unwanted materials must be disposed of in an appropriate disposal facility. These materials must not be disposed of in or adjacent to the waters of reservoirs, lakes, rivers, streams, or other bodies of water.

Swimming pools and spas will be classified as semipublic pool facilities and must meet the requirements of the Administrative Code of the North Dakota Health Department #3329. These include but are not limited to:

The owner or operator must submit for analysis, one swimming pool or spa water sample every month during the swimming pool's or spa's period of operation.

All microbiological samples must be analyzed by a laboratory which has been certified by the state department of health and which uses approved analytical procedures.

Maximum contaminant level for pool or spa facility water may not exceed two hundred bacteric colonies per one milliliter of sample on a standard pate count or show the presence of organisms of the coliform group in the fermentation tube test or membrane filter test.

Swimming pool water must have sufficient clarity at all times such that the main drain or drains located at the deep end of the pool are clearly visible from the pool decking or a black and white disc, six inches in diameter, is clearly visible from the pool decking when placed in the deep end of the pool.

All pool facilities must disinfect the pool water by continuous chlorination or other means or methods of equal bactericidal efficiency. A minimum free chlorine residual of 1 mg/l or equivalent must be maintained at all times.

Record Maintenance
The owner or operator of a bed and breakfast facility with a pool or spa facility shall retain on the premises or at a convenient location near the premises, the following records:

    Microbiological analyses. Records of microbiological analyses must be kept for not less than three years.  Actual laboratory reports may be kept, or may be transferred to tabular summaries, provided that the following information is included:
          The date, place and time of sampling, and the name of the person who collected the sample.
          The date of analysis.
          The laboratory performing the test.
          The analytical technique or method used.
          The results of the analysis.
  Monthly operation report. All pool or spa facilities shall maintain records of operation to be kept for not less than three years. Records shall be kept of Ph, disinfectant residual and temperature, together with other data as may be required on forms furnished by the department.

Fire Safety
   The second story shall be provided with not less than two exits when the occupant load is 10 or no more persons. They shall be arranged a reasonable distance apart so that is one becomes blocked the other will be available.

ANY ADDITIONS OR CHANGES IN A LICENSED BED AND BREAKFAST FACILITY MUST FIRST BE APPROVED BY THIS DEPARTMENT.   IMPORTANT NOTICE - PLEASE READ CAREFULLY

The Division of Food and Lodging requires that properly prepared plans and specifications be submitted whenever an establishment is constructed or extensively remodeled. The plans and specifications must indicate the proposed layout, arrangement, mechanical plans, and construction materials of all work areas, and the types and models of proposed fixes equipment and facilities. The department shall review and approve the plans and specifications if they meet the minimum requirements of this chapter. No establishment may be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the Department.

Before preparing your plans and specifications, please review all information carefully. Make sure that everything that is indicated as a requirement is included in your plans. Please note that no one will receive an application for license until plans are received, reviewed and approved.

If you have any questions regarding the preparation and submission of plans and specifications, please contact the Division of Food and Lodging at 701-328-6150 or 1-800-472-2927.

[Introduction Page] [Section 1] [Section 2] [Section 3] [Section 4] [Section 5] [Section 6] [Section 7] [Section 8]
[Section 9] [Section 10] [Section 11] [Section 12] [Additional Information]

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