Ala. Admin. Code r. 420-3-11-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-11-.01 - General Provisions

(1) Purpose - These rules are promulgated to provide definitions; to set minimum standards for the construction, operation, and maintenance of hotels; to provide for hotel permit issuance, suspension, and revocation; to provide for inspections; and to provide for plan review and approval. These rules shall be interpreted and applied to promote the protection of public health.

(2) Definitions - For the purpose of these rules:

(a) "Approved" means acceptable to the State Health Officer based on his/her determination as to conformance with appropriate standards and good public health practice.

(b) "Bed and Breakfast" means a private owner-occupied residence providing accommodations for a charge to the public with no more than ten (10) guests rooms for rent. Breakfast may be provided to the guests only. Bed and breakfast establishments are exempt from the Rules for Construction and Maintenance and Operation of Hotels (420-3-11) and Rules for Food Service Sanitation (420-3-22).

(c) "Board" means the Board of Health of the State of Alabama as defined in Section 22-2-1, Code of Ala. 1975, or the State Health Officer or his designee, when acting for the Board, for the purposes of these rules, the Bureau of Environmental and Health Service Standards.

(d) "Continual Violation" or "Continued Violation" means a particular condition of construction, operation, or maintenance, which is found in violation of these rules on two consecutive inspections or laboratory analyses.

(e) "Easily Cleanable" means surfaces that are readily accessible and made of such materials and finishes and so fabricated that residue may be effectively removed by normal cleaning methods.

(f) "Employee" means the permit holder, individuals having supervisory or management duties, and any other person working in the hotel.

(g) "Equipment" means any washers, dryers, ice machines, fans, air conditioning units, heaters, or any other such items used in connection with the operation of a hotel.

(h) "Extensive Remodeling" means any major renovation changing the existing floor plan or structure proper in any respect; provided that this shall not apply to painting or refinishing of walls, floors, or ceilings.

(i) "Fixtures" means any sinks, bathtubs, showers, toilet fixtures, or any other such items used in connection with the operation of a hotel.

(j) "Flagrant Violation" means that the provisions of these rules have been violated by a hotel to the extent that the earned numerical score at the time of the inspection is less than eighty; or a critical condition such as improper water supply or sewage disposal system operation, a severe infestation of insects or rodents, improper heater ventilation or a similar condition in violation of these rules which may endanger the public's health.

(k) "Furnishings" means any bedding, mattresses, furniture, lamps, or any other such items used in connection with the operation of a hotel.

(l) "Guest" means any person who rents and/or occupies a guest room in a hotel. Hotel employees who occupy rooms on a permanent basis, as part of their compensation or pay, shall not be considered guests.

(m) "Guest Room" means accommodations and connected bath and toilet facilities provided for use of the guest.

(n) "Health Officer" means the Health Officer of the county or district or area in which the hotel in question is located as provided in Section 22-3-2, Code of Ala. 1975; or the authorized representative.

(o) "Hotel" means any establishment where sleeping or sleeping and eating accommodations are advertised or held out to be available to transients. It may be known as a hotel, apartment hotel, inn, tavern, club, resort, tourist home, tourist court, motel, court, motor court, motor lodge, or by any other like terms and regardless of the number of rooms, suites or cabins available. This term shall not be construed to include apartments, clubs, trailer courts, boarding houses, rooming houses, or portions thereof where single night accommodations are not advertised or held out to be available.

(p) "Hotel Inspector" means the State Health Officer who is by law the ex-officio State Hotel Inspector. It shall also include Assistant Hotel Inspectors as designated by the State Health Officer and who shall be known as ex-officio Assistant Hotel Inspectors.

(q) "Inspect" or "Inspection" means an examination by the Hotel Inspector of the hotel's structure, facilities, equipment, and operations. It shall include, but is not limited to, the public and guest rooms, fixtures, furnishings, equipment and utensils; water supply and waste disposal facilities; and the building's surroundings. It shall also include a determination of the cleanliness and maintenance of the building, furnishings, fixtures, equipment and utensils, and any other examinations necessary to determine the degree to which any hotel complies with the provision of these rules.

(r) "Kitchenette" means a compact kitchen complete with repeat use cooking utensils and/or tableware, refrigerator, microwave, stove, and/or sink.

(s) "Law" means all federal, state, and local statutes, ordinances and/or rules.

(t) "Manager" means the person having charge of the operation of a hotel, whether such person is the proprietor or his/her authorized representative.

(u) "Numerical Score" means the score determined by deducting the values of all items found in violation from 100 as shown on the Inspection Report Form authorized by the State Health Officer and found in Appendix A.

(v) "Permit" means the document issued by the Health Officer which authorizes a person to operate a hotel.

(w) "Person" means any individual, partnership, corporation, association or other legal entity.

(x) "Proprietor" means the person who is legally responsible for the operation of a hotel and to whom the permit for the operation of the particular hotel is issued.

(y) "Safe Depository" means and includes a safe, vault, safety deposit box, or other depository for the safekeeping of valuables.

(z) "Sanitize" means the effective bactericidal treatment by a process that provided enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on cleaned surfaces.

(aa) "Sealed" means free of cracks or other openings that permit the entry or passage of moisture.

(bb) "Single-Service Articles or Utensils" means cups, containers, ice bucket liners, stirrers, paddles, straws, napkins, doilies, wrapping materials and similar articles intended for one time use and then discarded.

(cc) "State Health Department" means the State of Alabama, Department of Public Health, as defined by Section 22-1-1, Code of Ala. 1975, and any officer, agent or employee authorized to act for the department with respect to the enforcement and administration of these rules.

(dd) "State Health Officer" means the State Health Officer of Alabama as provided in Section 22-2-8, Code of Ala. 1975; or the authorized representative.

(ee) "Utensil" means any article for containing or serving beverages or food which is provided by the hotel management to its guests on a repetitive or rotating basis.

Authors: Ronald Dawsey, Tim Hatch

Ala. Admin. Code r. 420-3-11-.01

Filed September 1, 1982. Repealed and Replaced: Effective March 26, 1993. Amended: December 20, 2006; effective January 24, 2007.

Statutory Authority:Code of Ala. 1975, §§ 22-2-2, 34-15-3.