Ala. Admin. Code r. 420-3-11-.19

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

Section 420-3-11-.19 - Inspections

(1) Inspection Frequency - An inspection of a hotel shall be performed at least once each year at those establishments with a numerical score of 85 or more. Hotels earning a numerical score of less than 85 must be inspected at least every 90 days until such time as a score of 85 or greater is received. Legal notices shall be issued when substantial violations of these rules are found, or when four-point or five-point weighted items are violated and the necessary reinspections shall be made in accordance with 420-3-11-.20(4). Additional inspections of hotels shall be performed as often as necessary for the enforcement of these rules.

(2) Access - The Health Officer, after proper identification, shall be permitted to enter any part of a hotel at any reasonable time for the purpose of making inspections to determine compliance with these rules. The privacy of occupied guest rooms shall be respected. The Health Officer shall be permitted to examine the records of the establishment to obtain information pertaining to the sanitary operation of the hotel or to persons employed.

(3) Report of Inspections

(a) Whenever an inspection of a hotel is made the findings shall be recorded on the inspection report form prescribed by the State Health Officer. The inspection report form shall summarize the requirements of these rules and shall set forth a maximum weighted point value for each requirement. Inspectional remarks shall be written to reference the rule violated and shall state the corrections to be made. The numerical score of the establishment shall be obtained by subtracting the total number of demerit points from 100.

(b) The original of the inspection report form shall be conspicuously displayed for public view at the registration desk or other approved location. It shall be unlawful to remove, obscure or deface an inspection report.

(c) A copy of the inspection report shall be filed with the records of the county health department. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.

(4) Correction of violation

(a) The completed inspection report form shall specify a reasonable period of time for the correction of the violations found; and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions.

1. If an imminent health hazard exists, the hotel shall immediately cease operations as directed by the Health Officer. Immediate suspension initiated without a hearing shall only occur upon personal order of the State/County Health Officer or the Public Health Area Environmental Director. Operations shall not be resumed until authorized by the Health Officer.

2. All four- and five-point violations of these rules as indicated on the inspection report and as determined by the Health Officer shall be corrected as soon as possible, but in any event, within ten days following the inspection.

3. All minor violations, as determined by the Health Officer shall be corrected is soon as possible, but in any event, by the time of the next routine inspection.

4. When the rating score of the establishment is less than 80, the establishment shall initiate corrective action on all identified violations within 48 hours. One or more reinspections will be conducted at reasonable time intervals to assure correction.

(b) The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of hotel operations. An opportunity for hearing on the inspection findings or the time limitations or both will be provided if a written request is filed with the Health Officer within fifteen days following the inspection or cessation of operations. If a request for hearing is received, a hearing shall be held within five days of receipt of the request.

(c) Whenever a hotel is required under the provisions of 420-3-11-.18(3) to cease operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall occur within five working days after a formal request is made.

(5) Survey and Training - The State of Alabama, Department of Public Health, shall make Hotel Sanitation Surveys and Program Evaluations as deemed necessary by the State Health Officer. Surveys shall be made in accordance with the provisions of these rules and results may be incorporated in the annual Alabama Public Health Resort. The Department shall provide education and training in hotel/motel sanitation and in rule interpretation, standardization inspection techniques, and enforcement, procedures for lodging program personnel.

Authors: Ronald Dawsey, Tim Hatch

Ala. Admin. Code r. 420-3-11-.19

Filed September 1, 1982. Repealed and Replaced: Effective March 26, 1993. Amended: Filed December 17, 2003; effective January 21, 2004. Amended: December 20, 2006; effective January 24, 2007.

Rule was renumbered to 420-3-11-.19 as per certification filed December 20, 2006; effective January 24, 2007.

Statutory Authority:Code of Ala. 1975, §§ 22-2-2, 22-20-5, 34-15-3.