No. 42515 (Repeal and Reenact): Rule R392-502. Hotel, Motel and Resort Sanitation

(Repeal and Reenact)

DAR File No.: 42515
Filed: 01/29/2018 08:49:24 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The repeal and reenact of Rule R392-502 simplifies the rule, removes outdated language and redundancies, and provides technical and conforming changes in accordance with the Rulewriting Manual for Utah. The Department of Health (Department) has also proposed additional controls to mitigate the spread of infectious diseases, especially norovirus, in public lodging facilities.

Summary of the rule or change:

The repeal and reenact of Rule R392-502 provides technical and conforming changes throughout the rule and removes unnecessary and repetitive language. Section R392-502-1 is a new section added to specify the statute under which this rule is authorized, and to explain the purpose of the rule. Section R392-502-2 is a new section added to describe individuals and groups to whom this rule applies, and to specify exclusions to such. Section R392-502-3 added definitions for: "Clean, Dilapidated, Habitable space, Hot water, Linens, Local health officer, Nuisance, Operator, Pest, Plumbing Code, Plumbing fixture, Premises, Public lodging facility, Red tagged, Sanitary, Service animal, Vector, Vermin, and Virucidal disinfectant"; removed definitions for "Hotel, Motel, or Resort, and Hotel, Motel or Resort Units"; and amended the definitions for "Wastewater". In Section R392-502-4, the Department has made nonsubstantive revisions including the rewording and restructuring of this section to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah; substantive changes include the addition of a provision, similar to a "grandfather clause", that specifies that a construction change is not required in any portion of a public lodging facility that was in compliance before this rule goes into effect. In Sections R392-502-5 and R392-502-6, the Department has made revisions to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. In Section R392-502-7, plumbing requirements in this section have been reworded and restructured to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. Additional provisions have been proposed for ventilation, heating, electrical and lighting considerations, in consultation with Building Code. Section R392-502-8 is a new section that establishes cleaning and disinfection procedures, as well as the equipment needed to prevent the spread of infectious diseases, particularly norovirus, in a public lodging facility. Section R392-502-9, known as "Operation and Maintenance" in the current rule, has been revised to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. Section R392-502-10 is a new section that establishes minimum bedding and linen requirements, as well as provisions for collecting, transporting, sorting, and washing linens to prevent the spread of infectious disease in a public lodging facility. In Section R392-502-11, the Department has made revisions to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. Section R392-502-12 is a new section which makes reference to Rule R392-510, Utah Clean Air Act. In Section R392-502-13, the Department has made revisions to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. Section R392-502-14 is a new section that establishes sanitation requirements for eating and drinking utensils, appliances, and equipment provided for guest use in rooms. In Section R392-502-15, the Department has made revisions to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. Section R392-502-16 specifies the application of an authority granted to a local health officer in Title 26A. Section R392-502-17 specifies the application of an authority granted to a local health officer in Title 26A.

Statutory or constitutional authorization for this rule:

• Section 26-1-5
• Section 26-15-2
• Subsection 26-1-30(23)

Anticipated cost or savings to:

the state budget:

Repealing and reenacting Rule R392-502 will not result in a cost or benefit to the state budget. The proposed rule does not include requirements for permit or inspection fees.

local governments:

Repealing and reenacting Rule R392-502 will not result in a cost or benefit to the local governments. The proposed rule does not include requirements for permit or inspection fees. Inspection frequency is not specified in rule.

small businesses:

Repealing and reenacting Rule R392-502 will likely result in a fiscal impact to small business due to proposed changes in uniform standards for the operation and regulation of public lodging facilities to control the spread of infectious disease, particularly norovirus, as recommended by the Centers for Disease Control (CDC). There are 556 small businesses operating in the state under the NAICS code of 721110. Repealing and reenacting Rule R392-502 may result in a fiscal cost to each business in the approximate amount of $525 for the first year and $95 for subsequent years in the form of increased labor costs to wash, rinse, and sanitize the eating and drinking utensils provided in guest rooms. These are averaged, approximated amounts due to the number of variables from business to business (e.g. some businesses already use correct sanitary practices, others only provide wrapped single service utensils in guest rooms, number of guest rooms, number of employees, number of utensils provided, etc.)

persons other than small businesses, businesses, or local governmental entities:

Repealing and reenacting Rule R392-502 will likely result in a fiscal impact to non-small business due to proposed changes in uniform standards for the operation and regulation of public lodging facilities to control the spread of infectious disease, particularly norovirus, as recommended by the Centers for Disease Control (CDC). There are 63 small businesses operating in the state under the NAICS code of 721110. Repealing and reenacting Rule R392-502 may result in a fiscal cost to each business in the approximate amount of $525 for the first year and $95 for subsequent years in the form of increased labor costs to wash, rinse, and sanitize the eating and drinking utensils provided in guest rooms. These are averaged, approximated amounts due to the number of variables from business to business (e.g. some businesses already use correct sanitary practices, others only provide wrapped single service utensils in guest rooms, number of guest rooms, number of employees, number of utensils provided, etc.)

Compliance costs for affected persons:

No one specific person will be affected by this rule change.

Comments by the department head on the fiscal impact the rule may have on businesses:

The repeal and reenact of Rule R392-502 simplifies the rule, removes outdated language and redundancies, and provides technical and conforming changes in accordance with the Rulewriting Manual for Utah. The Department has also proposed additional controls to mitigate the spread of infectious diseases, especially norovirus, in public lodging facilities. The change will likely have a fiscal impact on the 556 small businesses operating in the state in the approximate amount of $525 for the first year and $95 for subsequent years in the form of increased labor costs to wash, rinse, and sanitize the eating and drinking utensils provided in guest rooms. It will also have a similar impact on the 63 non-small businesses for the same reasons. The anticipated costs to business is appropriate in order to protect the health and safety of Utah residents and visitors to Utah who utilize public lodging facilities.

Joseph K. Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Health
Disease Control and Prevention, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Chris Nelson at the above address, by phone at 801-538-6739, by FAX at , or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/19/2018

This rule may become effective on:

03/26/2018

Authorized by:

Joseph Miner, Executive Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$291,900

$52,820

$52,820

Non-Small Businesses

$33,075

$5,985

$5,985

Other Persons

$0

$0

$0

Total Fiscal Costs:

$324,975

$58,805

$58,805

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for Non-Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

There are 63 non-small businesses in the industry in question (NAICS 721110) in Utah. These businesses will likely experience a fiscal impact due to proposed changes in uniform standards for the operation and regulation of public lodging facilities to control the spread of infectious disease, particularly norovirus, as recommended by the Centers for Disease Control (CDC). Repealing and reenacting Rule R392-502 may result in an inestimable fiscal cost to a non-small business in the form of increased labor costs to wash, rinse, and sanitize the eating and drinking utensils provided in guest rooms. The full impact to such a business cannot be estimated as the necessary data are unavailable due to the number of variables from business to business (e.g. some businesses already use correct sanitary practices, others only provide wrapped single service utensils in guest rooms, number of guest rooms, number of employees, number of utensils provided, etc.)

 

The head of Department of Health, Dr. Joseph Miner, has reviewed and approved this fiscal analysis.

 

 

R392. Health, Disease Control and Prevention, Environmental Services.

R392-502. Public Lodging Facility Sanitation.[Hotel, Motel and Resort Sanitation.

R392-502-1. Definitions.

Director - shall mean the Executive Director of the Utah Department of Health.

Hotel, Motel or Resort - shall include tourist court, motor hotel, resort camps, hostels, lodges, dormitories and similar facilities, and shall mean every building, or structure with all buildings and facilities in connection, kept, used, maintained as, advertised as, or held out to the public to be, a place where living accommodations are furnished to transient guests or to groups normally occupying such facilities on a seasonal or short-term basis.

Hotel, Motel or Resort Units - shall mean accommodations to serve two or more people.

"Pet" means a domesticated companion animal that is not included in the definition of a service animal or support animal under federal or state law that allows access of the animal to hotel, motel, and resort facilities.

"Pet Friendly" means the designation of certain guest rooms or all guest rooms by an owner or operator to allow pets to stay in a guest room with the guest.

Wastewater - shall mean discharges from all plumbing facilities such as rest rooms, kitchen, and laundry fixtures, either separately or in combination.

 

R392-502-2. General.

2.1 It shall be the duty of each person operating a hotel, motel or resort in the State of Utah to carry out the provisions of these rules. Such person should also have the duty of controlling the conduct of occupants to this end, and shall make at least one daily inspection of the area for these purposes.

2.2 Severability - If any provision of this code, or its application to any person or circumstance is declared invalid, the application of such provisions to other person or circumstances, and the remainder of this rule, shall not be affected thereby.

2.3 Hotel, motel and resort sites shall be constructed to provide adequate surface drainage and shall be isolated from any existing or potential health hazard or nuisance.

2.4 All applicable local and state building, zoning, electrical, health, fire codes, and all local ordinances shall be complied with.

 

R392-502-3. Water Supplies.

3.1 Potable water supply systems for use by hotel, motel or resort occupants shall meet the requirements of the State of Utah rules relating to public drinking water supplies.

3.2 In addition to the rules and regulations relating to public drinking water supplies, the design of water system facilities shall be based on the suppliers engineer's estimate of water demands, but shall in no case be less than the following:

Source Capacity - 150 gallons per day per hotel, motel or resort unit.

Storage Volume - 75 gallons per hotel, motel or resort unit.

Distribution System Capacity - Shall maintain a water system pressure in excess of 20 psi at all points in the distribution system during peak hourly flow conditions. Non-community systems in remote areas can be exempted from this requirement, on a case-by-case basis, if flow from the system is always unregulated and free-flowing. The peak hourly flow should be calculated for the number of fixture units as presented in the Utah Plumbing Code.

Other exceptions to the above requirements may be made as permitted by the State of Utah public drinking water rules.

3.2.1 The source and storage requirements as indicated above do not include water demands for outside use or fire protection. However, if the culinary system is intended to provide water for such purposes, the water requirements indicated above must be appropriately increased. Specific information on watering requirements (e.g., area of land to be irrigated) must be provided for Department of Health review.

3.3 Construction of a public drinking water supply system intended to serve occupants of any hotel, motel or resort shall not commence until plans prepared by a licensed professional registered engineer (in accordance with Title 58, Chapter 22, Professional Engineers, and Land Surveyors Licensing Act) have been submitted to and approved in writing by the Utah Department of Environmental Quality. Following construction, the system may not be placed in service until a final inspection is made by a representative of the Utah Department of Environmental Quality or local health department having jurisdiction.

3.3.1 All systems must be monitored in accordance with the State of Utah public drinking water rules, and in cooperation with the local health department having jurisdiction.

3.4 Any culinary system or portion thereof that is drained seasonally must be cleaned, flushed and disinfected prior to use. Furthermore, a water sample of satisfactory bacteriologic quality, i.e., a sample showing not more than one coliform bacteria per 100 ml. sample, must be obtained before being placed into service.

3.4.1 Systems operated on a seasonal basis may be required to sample for bacteriologic analysis at an accelerated frequency as determined by the Director or director of the local health department having jurisdiction.

 

R392-502-4. Wastewater Disposal.

4.1 All wastewater shall be discharged to a public sewer system where accessible and within 300 feet of the hotel, motel or resort property line.

4.2 Where connection to a public sewer is not available, wastewater shall be discharged into a wastewater disposal system meeting requirements of the State of Utah rules for waste disposal. Unless water usage rates are available, design shall be based on not less than 125 gallons per day per hotel, motel or resort unit.

4.3 All plans for the construction or alteration of a wastewater disposal system shall initially be submitted to the local health department having jurisdiction. Where plan approval is required by law to be provided by the State Department of Environmental Quality, such plans will be forwarded by the local authority along with any appropriate comments. Construction alteration of the disposal system shall not commence until the plans have been approved in writing by the appropriate health agency.

 

R392-502-5. Plumbing.

5.1 All plumbing in any hotel, motel or resort shall comply with the provisions of the Utah Plumbing Code, and applicable local plumbing codes.

5.2 When adequate plumbing fixtures are not included in each guest room, such facilities shall be made available to hotel, motel and resort occupants as required in the following Table I.

 

TABLE I
Required Plumbing Fixtures For Overnight Occupants

   
   Plumbing Fixtures    Ratio of Plumbing Fixtures   
                     For Overnight Hotel, Motel   
                     and Resort(1) Occupants   
   
                     Males     Females   
   
Water Closets        1:10      1:8   
Urinals              1:25       --   
Lavatories           1:12      1:12   
Shower/Bath          1:8       1:8   
   
        (1)  The number of required plumbing fixtures
 at resorts may be reduced up to one-half of the above.

 

5.3 If rest rooms for public use are provided, they shall include adequate plumbing fixtures as required in Table II:

 

TABLE II
Required Plumbing Fixtures For Public Rest Rooms
In Hotels, Motels and Resorts (a)

      
Plumbing Fixtures   Number of Persons (b)  Number of Fixtures   
                                           Males  Females   
   
Water Closets       1-100                  1      2   
                    101-200                2      3   
                    201-400                3      5   
                    Over 400, add 1   
                    fixture for each   
                    additional 500   
                    men and 1 for   
                    each 300 women.   
   
Urinals (c)         1-200                  1       --   
                    201-400                2       --   
                    401-600                3       --   
                    Over 600, add   
                    1 fixture for   
                    each 300 persons.   
   
Lavatories          1-200                  1      1   
                    201-400                2      2   
                    401-750                3      3   
                    Over 750, add   
                    1 fixture for   
                    each 500 persons.   
   
Drinking Fountains  1 for each 300   
                    persons   
   
Other Fixtures      1 service sink   
   
           (a)  In remote areas providing other than water flush type   
toilets, only the requirements for water closets and drinking   
fountains need apply.   
           (b)  Total number of persons for maximum occupancy for   
auditoriums, banquet rooms, conference rooms, etc. shall be   
based on 15 square feet per person.   
           (c)  Where urinals are provided for women, the number   
shall be the same as those required for men.

 

5.4 All rest rooms shall be conveniently located. Plumbing fixtures which normally require water for their operation shall be supplied with an adequate potable water supply under pressure and facilities should be provided with hot water as required.

5.5 Wherever toilet facilities for males and females are located in the same building, and adjacent to each other, they shall be separated by sound resistant wall. Direct line of sight to each rest room shall be obstructed.

5.6 Soap and toilet tissue in suitable dispensers and individual towels or other approved hand drying facilities and suitable waste receptacles with lids shall be provided in each rest room.

 

R392-502-6. Operation and Maintenance.

6.1 Each structure made available for occupancy shall comply with the requirements of the Uniform Building Code.

6.2 Comfort of occupants shall be provided for by adequate heating, lighting, and ventilation. Total window area in any room should be equal to at least 10 percent and in no case less than 5 percent of the floor area. For adequate ventilation, windows shall be openable or mechanical ventilation must be provided. Adequate means shall be employed to minimize odors in all rooms intended for overnight use.

6.3 In dormitory type accommodations, beds shall be separated by a horizontal distance of at least 5 feet, reducible to 3 feet, if beds are alternated head to foot, except in case of double deck bunks, which shall have a minimum horizontal separation of 6 feet under all circumstances. If suitable permanent partitions are installed between beds, spacing requirements may be modified upon approval of the Director or director of the local health department having jurisdiction.

6.4 Floors, walls and ceilings shall be so constructed as to be easily cleanable and they shall be kept clean and in good repair.

6.5 Each bed, bunk, cot or sleeping facility for use by occupants shall afford reasonable comfort and be maintained in a sanitary condition. Mattresses, mattress covers, quilts, blankets, pillows, pillow slips, sheets, comforters, and other bedding shall be kept clean and in good repair. Bedding shall be made available to each occupant not furnishing his own. Pillows shall have pillow slips and sheets shall be large enough to completely cover mattresses. Bedding shall be changed daily or in between occupant use.

6.6 All eating and drinking utensils for use by guests in rooms, shall be either single service, or washed and sanitized in a manner prescribed in R392-100 and protected from subsequent contamination.

6.7 All food, food service employees, ice, vending machines, food storage, and preparation and serving facilities shall comply with R392-100.

6.8 The dispensing of ice from storage bins where the general public has free access is prohibited.

6.9 Where occupants are permitted to cook in a hotel, motel, or resort unit, a space for kitchen facilities shall be provided, and shall be equipped with at least a minimum of a kitchen sink installed in accordance with requirements of the Utah Plumbing Code.

6.10 Guest rooms used for sleeping purposes shall be supplied with a lavatory, hand soap, and clean individual towels for each guest. Clean individual towels shall be supplied daily or in between occupant use.

6.11 All buildings, rooms and equipment and ground surrounding them shall be maintained in a clean and operable condition.

6.12 All necessary means shall be employed to eliminate and control infestations of insects and rodents on the premises of any hotel, motel, or resort unit. This shall include approved screening or other approved control of outside openings in structures intended for occupancy or food service facilities.

6.13 Pets are not permitted in dining areas, or in swimming pool areas. Pets are not permitted in guest rooms that are not designated as pet friendly.

(a) Each operator must make a pet-oriented election for each facility and post at the registration desk one of the following four signs appropriate to the election:

(i) An operator may elect not to allow any pets in the facility. An operator who makes this election shall post a sign at the registration desk that reads: "NO PETS ALLOWED IN THIS FACILITY".

(ii) An operator may elect to allow pets in all guest rooms of the facility. An operator who makes this election shall post a sign at the registration desk that reads: "PETS ALLOWED IN ALL GUEST ROOMS".

(iii) An operator may elect to allow pets in all guest rooms of the facility, except as posted at specific guest rooms. An operator who makes this election shall post a sign at the registration desk that reads: "PETS ALLOWED IN ALL GUEST ROOMS EXCEPT IN ROOMS POSTED WITH 'NO PETS ALLOWED'". An operator who makes this election shall also post a sign at the entrance to the room in a position clearly visible on entry into the room. The sign shall use the words, "NO PETS ALLOWED" in upper case letters at least three-quarters of an inch, 1.9 centimeters, in height

(iv) An operator may elect not to allow pets in any guest room of the facility, except as posted on specific guest rooms. An operator who makes this election shall post a sign at the registration desk that reads: "NO PETS ALLOWED IN GUEST ROOMS EXCEPT IN ROOMS POSTED AS 'PET FRIENDLY'". An operator who makes this election shall also post a sign at the entrance to the room in a position clearly visible on entry into the room. The sign shall use the words, "PET FRIENDLY ROOM" in upper case letters at least three-quarters of an inch, 1.9 centimeters, in height

(b) The operator shall post the facility election sign required by subsection (a) at the registration desk in clear view to each potential guest who presents at the registration desk. This may require more than one sign to be posted at the registration desk. The sign shall be in upper case letters at least 1 inch, 2.54 centimeters, in height.

(c) The signs at the guest rooms in a facility that allows pets in a limited number of guest rooms shall be placed in a position clearly visible upon entry into the room.

(d) All signs must be easily readable and must not be obscured in any way.

(e) The operator shall ensure that accumulations of pet hair, fur, feathers, feces, and soiled bedding are removed from rooms at least once per day or as often as necessary to prevent unsanitary conditions or odors. Where available, the operator shall designate an outdoor area on the premises of public hotel, motel, and resort facilities for pet walking. The operator shall keep the premises, including pet walking areas, free of pet waste. If an area for pet walking is impractical or not available, the operator shall:

(i) require pet owners to keep pets in portable kennels; or

(ii) keep pets diapered; or

(iii) provide pet waste bags for pet owners to use to dispose of pet waste produced while walking their pets while out of doors.

(f) If an operator of a public hotel, motel or resort facility chooses to modify the status of a room from a pet friendly room to a non-pet friendly room, the operator shall perform a full deep cleaning of the room in a manner likely to remove the allergens. The deep cleaning shall include shampooing of carpets, laundering of bedding, laundering of drapes, washing of all walls, and cleaning of all other objects and surfaces that may harbor allergens.

 

R392-502-7. Swimming Pools.

7.1 Any swimming pool, wading or therapy pool made available to occupants of any hotel, motel or resort shall comply with R392-302 and all applicable local regulations.

 

R392-502-8. Solid Waste.

8.1 Solid wastes originating in any hotel, motel or resort shall be stored in a sanitary manner in watertight containers with lids, or the equivalent, approved by the local health department. The containers shall be conveniently located, and the contents shall be disposed of in a manner approved by the state or local health department having jurisdiction.]

R392-502-1. Authority and Purpose.

(1) This rule is authorized under Sections 26-1-5, 26-1-30(23), and 26-15-2.

(2) This rule establishes definitions; sets standards for health and welfare of guests of public lodging and for the prevention of the spread of disease in or through public lodgings.

 

R392-502-2. Applicability.

This rule applies to any person who owns or operates a public lodging facility in Utah, unless specifically exempted. This rule applies to the repair, maintenance, use, operation, and occupancy of public lodging facilities designed, intended for use, or otherwise used for human habitation in Utah.

 

R392-502-3. Definitions.

For the purposes of this rule, the following terms, phrases, and words shall have the meanings herein expressed:

(1) "Clean" means the condition of being visibly free from dirt, soil, stain, leftover food particles, or other materials not intended to be a part of the object in question.

(2) "Dilapidated" means a building or structure, or part thereof, which is:

(a) deemed structurally unsafe for habitation by the local building authority; or

(b) deemed unsanitary or constituting a public health hazard by the local health officer.

(3) "Habitable space" means a space within a building or structure intended to be used for living, sleeping, cooking, or eating. Bathrooms, laundry rooms, toilet rooms, closets, halls, storage or utility spaces, accessory buildings, and similar areas are not considered habitable spaces.

(4) "Hot water" means water heated to a temperature of not less than 110 degrees F (43.3 degrees C) at the outlet.

(5) "Linens" means fabric household goods intended for daily guest use, such as bedding, towels, and tablecloths.

(6) "Local Health Department" has the same meaning as provided in Section 26A-1-102(5).

(7) "Local Health Officer" means the director of the jurisdictional local health department as defined in 26A, Chapter 1, or a designated representative.

(8) "Nuisance" means a condition or hazard, or the source thereof, which may be deleterious or detrimental to the health, safety, or welfare of the public.

(9) "Operator" means any person who owns, leases, manages or controls, or who has the duty to manage or control a public lodging facility.

(10) "Pet" means a domesticated companion animal that is not included in the definition of a service animal or support animal under federal or state law that allows access of the animal to a public lodging facility.

(11) "Pet Friendly" means the designation of certain guest rooms or all guest rooms by an owner or operator to allow pets to stay in a guest room with the guest.

(12) "Pest" means a noxious, destructive, or troublesome organism whether plant or animal, when found in and around places of human occupancy, habitation, or use which threatens the health or well-being of the public.

(13) "Plumbing Code" means International Plumbing Code as incorporated and amended in Title 15A, State Construction and Fire Codes Act.

(14) "Plumbing fixture" means a receptacle or device that is connected to the water supply system of the premises; or discharges wastewater, liquid-borne waste materials, or sewage to the drainage system of the premises.

(15) "Premises" means any lot, parcel, or plot of land, including any buildings or structure.

(16) "Public lodging facility" means:

(a) a place that is maintained, advertised, offered, used, or kept to provide temporary lodging for the general public.

(b) Public lodging facility includes hotels, motels, bed and breakfasts, hostels, guest ranches, resorts, cabins, or any other structure designed or intended to provide temporary lodging for guests.

(c) Included in the public lodging facility are the premises upon which the facility is located together with parking lots, recreational facilities on the grounds, and other appurtenances.

(d) For the purposes of this rule, a public lodging facility does not include:

(i) student housing such as a dormitory or boarding house operated by an educational institution;

(ii) transient housing such as employee or migrant worker living quarters regulated under Rule R392-501; or

(iii) a private residence or domicile unless it is advertised, offered, used, or kept as a place of public lodging.

(17) "Public lodging unit" or "Guestroom" means a room, suite, or space occupied by the public located in and operated by a public lodging facility.

(18) "Red tagged" means having a notice affixed to an appliance by a qualified servicing utility indicating that the appliance has been found to contain an imminent safety hazard.

(19) "Sanitary" means the condition of being free from infective, physically hurtful, diseased, poisonous, unwholesome, or otherwise unhealthful substances and being completely free from vermin, vectors, and pests and from the traces of either, and free of harborage for vermin, vectors, or pests.

(20) "Service Animal" has the same meaning as provided in Section 35.104 of the Americans with Disabilities Act Title II Regulations.

(21) "Vector" means any organism, such as insects or rodents, that transmits a pathogen that can adversely affect public health.

(22) "Vermin" means rats, mice, cockroaches, bedbugs, flies, or any other pest or vector as determined by the local health officer to be harmful to the life, health, or welfare of the public.

(23) "Virucidal disinfectant" as defined in this rule means:

(a) a chlorine bleach and water solution with a concentration of 1,000 to 5,000 ppm chlorine (5-25 tablespoons of household bleach (5.25%) per gallon of water); or

(b) a disinfectant product registered as effective against norovirus with the U.S. Environmental Protection Agency, having an EPA Registration number and being listed on the current publication of the Office of Pesticide Programs' List G.

(24) "Wastewater" means sewage, industrial waste, or other liquid or waterborne substances causing or capable of causing pollution of waters of the state.

 

R392-502-4. General Public Lodging Provisions.

(1) This rule does not require a construction change in any portion of a public lodging facility if the public lodging facility was in compliance with the law in effect at the time the facility was constructed, except as in R392-502-4 (1)(a).

(a) The local health officer may require construction changes if it is determined the public lodging facility or portion thereof is dangerous, unsafe, unsanitary, or a nuisance or risk to life, health, or property.

(2) The operator of a public lodging facility shall:

(a) comply with the provisions of this rule; and

(b) be responsible for the conduct of occupants to ensure compliance with this rule.

(3) Severability - If any provision of this rule, or its application to any person or circumstance is declared invalid, the application of such provisions to other persons or circumstances, and the remainder of this rule, shall not be affected thereby.

(4) A public lodging facility operator or agent shall select or construct a location for the facility that will provide adequate surface drainage. The operator shall make a reasonable effort to locate the facility away from any existing or potential public health hazard or nuisance.

(5) A public lodging facility must have:

(a) a 24-unit ANSI compliant First Aid kit in a readily accessible location, properly stocked, and checked monthly; and

(b) an adequate supply of virucidal disinfectant for disinfecting a room or its contents after a known incident of vomiting or diarrhea.

 

R392-502-5. Water Supply.

(1) Potable water supply systems for use by public lodging occupants shall be designed, installed, and operated according to the requirements set forth by:

(a) Plumbing Code;

(b) The Utah Department of Environmental Quality, Division of Drinking Water under Title R309; and

(c) local health department regulations.

(2) The operator shall ensure that the public lodging facility and each public lodging unit bathroom is provided with potable water.

(3) If a public lodging facility experiences or will experience a disruption of potable water or sewer service for more than four hours for any reason, the operator shall notify the local health officer within one hour of becoming aware of the service disruption.

 

R392-502-6. Wastewater Disposal Requirements.

(1) The operator shall ensure that sewer services are made available to the public lodging facility occupants.

(2) Sewer systems for use by public lodging occupants shall be designed, installed, and operated according to the requirements set forth by:

(a) Plumbing Code;

(b) The Utah Department of Environmental Quality, Division of Water Quality under Title R317; and

(c) local health department regulations.

(3) All wastewater shall be discharged to a public sanitary sewer system whenever practicable.

(4)(a) Where connection to a public sanity sewer is not practicable, wastewater shall be discharged to an approved onsite wastewater disposal system.

(b) The operator shall submit all required plans for the construction or alteration of an onsite wastewater disposal system in accordance with Title R317.

 

R392-502-7. Ventilation, Heating, Electrical, Lighting, and Plumbing Requirements.

(1) Every bathroom shall have:

(a) at least one window facing directly outdoors that can be easily opened, or;

(b) a mechanical device that ventilates to the outside.

(2) For guestroom heating, every public lodging unit shall have:

(a) properly maintained and safely operating heating equipment and appurtenances, or;

(b) a common heating system that is correctly installed and maintained in a safe and working condition.

(3)(a) An operator, agent, or other person shall only install, operate, or use a heating device, or water heating unit producing heat by combustion that is:

(i) vented to the outside of the structure in a manner approved by the local building official or fire inspector; and

(ii) supplied with sufficient air to continuously and adequately support fuel combustion.

(b) The operator is prohibited from using a heating device, or water heating unit producing heat by combustion that has been deemed unsafe (i.e. "red tagged") by the servicing utility or building official.

(c) All heating devices shall be constructed, installed, and operated in accordance with applicable building, boiler, and utility codes.

(4) Every public lodging unit and all common areas shall be supplied with electrical service. All outlets, wirings, circuit panels, and fixtures shall be correctly installed and maintained in good and safe working condition in accordance with the electrical code incorporated and amended in Title 15A, State Construction and Fire Codes Act.

(5) Every common entryway, hall, and stairway in a public lodging facility shall be lighted at all times to provide in all parts at least ten foot-candles (108 lux) of light at floor or tread level. This requirement does not preclude the use of on-demand lighting.

(6) The operator shall ensure that every plumbing fixture, waste pipe, water pipe, and appurtenance is properly constructed, installed, and maintained in accordance with Plumbing Code.

(7) The operator shall provide a continuous supply of cold and hot water at every sink, bathtub, and shower, where installed, for each:

(a) public restroom; and

(b) public lodging unit.

(8) If plumbing fixtures are not included in a guestroom, the operator shall make communal facilities available to public lodging occupants as required in table I:

 

TABLE I
Required Plumbing Fixtures for Common Facilities

   
   Plumbing Fixtures     Ratio of Plumbing Fixtures   
                      For Public Lodging Facility Occupants   
   
Toilets                    1:10   
Sinks                      1:10   
Shower/Bath                1:8   
Drinking Fountain          1:100   
Service Sink               1

 

(9) The facility shall be equipped with a service sink, also known as a mop receptor or utility sink, which shall be used for cleaning mops and disposing of mop water. The operator shall refrain from using other plumbing fixtures for these purposes.

 

R392-502-8. Cleaning and Hygiene Requirements.

(1) The operator shall maintain all buildings, rooms, equipment, and surrounding grounds in a clean and safe condition. Rubbish, litter and other items not used in the operation of the establishment shall not be permitted to accumulate on the premises.

(2) Interior surfaces shall be clean and in good repair.

(a) The operator shall clean to sight and touch all common-use items between guest use including the television remote, telephone, door knobs, and alarm clock.

(3) The operator shall ensure that bathroom plumbing fixtures and bathroom surfaces are maintained in a clean and sanitary condition.

(4) When cleaning a toilet in a public or communal bathroom, or in a guest room, the operator shall:

(a) use a separate wiping cloth that is clearly distinguishable between wiping cloths used to clean other surfaces; or

(b) use disposable wiping cloths.

(5) When cleaning vomit or diarrhea from any surface or location in the interior of a public lodging facility, the operator shall:

(a) wipe surfaces and immediately dispose of or launder all potentially infectious materials. Kitty litter (vermiculite), baking soda, or other absorbent material may be used on carpets and upholstery to absorb liquid;

(b) clean surfaces with soap and hot water;

(c) rinse thoroughly with plain water;

(d) wipe dry with paper towels;

(e) disinfect with virucidal disinfectant; and

(f) leave surfaces wet and allow for air drying according to the manufacturer's recommendations.

(6)(a) The operator shall keep public and communal bathrooms supplied with individual-use personal hygiene products including soap, hand drying materials or equipment, and toilet tissue.

(b) The use of common cloth towels is prohibited in public and communal bathrooms.

(c) Each public or communal bathroom shall have:

(i) at least one solid, easily cleanable, covered waste receptacle; or

(ii) at least one solid, easily cleanable, uncovered waste receptacle and a sanitary napkin receptacle. This requirement does not apply to guest rooms or public lodging unit restrooms.

(7) The operator shall supply each public lodging unit bathroom or shower room with soap, toilet paper, and clean towels daily upon request and between occupant use.

(8) Where a public lodging facility provides fitness equipment for guest use, the operator shall make sanitizer available for guest use along with instructions for proper handling and use.

 

R392-502-9. Structural and Operational Requirements.

(1) Every foundation, chimney, floor, exterior and interior wall, ceiling, and roof of all public lodging units shall be weather and water-tight, vermin-proof, and in good repair. All stairs and railings shall be correctly installed and maintained in good repair.

(a) Every public lodging unit bathroom and kitchen wall and ceiling surface shall be constructed and maintained reasonably impervious to water.

(i) Floor surfaces within two feet of the toilet shall be smooth and easily cleanable.

(ii) Floor/wall junctures in bathrooms and kitchens shall have coving to prevent the leakage of water into the wall through the juncture during toilet or shower overflows, regular mopping, or spills. Such coving shall be sealed to the floor.

(2) The operator shall take effective measures to keep vermin out of the public lodging facility and to prevent their breeding or presence on the premises. All exterior openings, windows, skylights, and outer doors shall be protected against the entrance of flies and other flying insects by self-closing doors, closed windows, 16-mesh or finer screening, controlled air currents, or other effective means.

(3) There shall be no fly or mosquito breeding places, vermin harborages, or undrained areas on the premises.

(4) In open bay type sleeping areas containing four or more beds, the operator shall separate beds by a horizontal distance of at least five feet, reducible to three feet, if beds are alternated head to foot, except in case of double stacked bunks, which shall have a minimum horizontal separation of six feet under all circumstances. If partitions are utilized to preclude face-to-face exposure between beds, spacing requirements may be modified to a minimum separation distance of three feet between adjacent beds upon approval of the local health officer.

 

R392-502-10. Guestroom Bedding and Laundry Service.

(1)(a) Each bed, bunk, or cot shall be maintained in a sanitary condition.

(b) Mattresses, mattress covers, quilts, blankets, pillows, pillowcases, sheets, bedcovers, and other bedding shall be kept clean and in good repair.

(c) Two sheets shall be provided for each bed, and shall be large enough to cover the top and all four sides of the mattress. The upper sheet shall be folded over the top end of the bedcover for at least six inches.

(d) A pillowcase shall be provided for each pillow.

(e) Bedding shall be replaced with clean linen, including sheets and pillowcases, at least weekly and before each new occupant use.

(2)(a) The operator shall maintain and store all supplied linen in a clean and sanitary manner at a location free from the likelihood of contamination by vermin, wastewater, filth, or toxic chemicals.

(b) Clean linen shall not come in contact with soiled linen at any time.

(3) Laundry carts and baskets shall be constructed with smooth, durable, non-porous, and easily cleanable materials, and shall be maintained in good condition. Washable laundry bags and cart liners are permitted.

(4) If laundry is processed at the public lodging facility, the operator shall use the following laundry processing and cleaning procedures:

(a) When any used linen is soiled with blood, vomit, or fecal material, the operator shall:

(i) keep the soiled linen separate and shall not presort the contaminated laundry with other linens in the guest room or laundry processing room;

(ii) transport contaminated laundry separately to the laundry processing room;

(iii) place contaminated laundry directly into the washing machine. Removing solid fecal materials and pre-rinsing linen that is heavily contaminated with fecal material is permitted, but pre-rinsing linen that is contaminated with blood or vomit is not permitted.

(b) Any visible residue shall be removed from laundry carts and baskets;

(c) Carts and baskets used to transport used linens shall be cleaned each day of use with a disinfectant cleaner;

(d) Separate containers (carts, baskets, hampers, laundry bags, etc.) shall be used for transporting clean and soiled linens.

(e) Non-disposable laundry bags and cart liners shall be laundered frequently.

(f) Laundry machines and work tables shall be cleaned each day of use with a disinfectant cleaner;

(g) Laundry floors shall be damp mopped each day of use with a disinfectant cleaner.

 

R392-502-11. Pets in a Public Lodging Facility.

(1) Only service animals assisting persons with disabilities are permitted in dining areas, or in swimming pool or spa areas. Pets, emotional support animals, comfort animals, and therapy animals are not permitted in these areas.

(2) The operator may elect to allow animals in public lodging units when the following conditions are met:

(a) The operator shall prevent allergens, odors, noise, filth, and other nuisances from migrating to other units and from disturbing other guests.

(b) A pet friendly public lodging unit may not share heating, ventilation, or air-conditioning with another public lodging unit or any common area.

(c) The operator shall ensure that animal hair, fur, feathers, feces, and soiled bedding is removed at least once per day or as often as necessary to prevent unsanitary conditions or odors.

(d) The operator shall post a sign at the entrance of an individual public lodging unit where pets are allowed in order to designate the unit as "pet friendly". The clearly legible sign shall be placed in a position where it may be easily viewed upon entry into the room.

(3) If an operator chooses to modify the status of a public lodging unit from a pet friendly unit to a unit where pets are not allowed, the operator shall perform a full deep cleaning of the unit in a manner likely to remove allergens, which shall include, at a minimum, the shampooing of carpets, laundering of bedding and window coverings, washing of all walls, and cleaning of all other objects and surfaces that may harbor allergens.

(4) A public lodging facility operator may provide a kennel facility for the use of guests who travel with pets.

(a) A kennel facility shall be maintained in a clean, safe, and sanitary condition, and free from nuisance.

(b) A kennel facility may not share heating, ventilation, or air-conditioning with public lodging units or common areas.

 

R392-502-12. Utah Indoor Clean Air Act.

All public lodging facilities shall comply with Rule R392-510, Utah Indoor Clean Air Act.

 

R392-502-13. Swimming Pools.

The operator shall comply with Rule R392-302, Design, Construction, and Operation of Public Pools for all pools or spas made available to public lodging facility guests or employees.

 

R392-502-14. Food and Beverage Service.

(1) All food services, including the dispensing of ice, shall comply with the requirements of Rule R392-100. The operator shall ensure that all ice machines intended for guest use are designed for automatic dispensing.

(a) This rule does not require that an operator provide a 3-compartment sink, or commercial-grade dishwasher or refrigerator in any guest room.

(2) All eating and drinking utensils and food service equipment for use by guests in rooms shall be:

(a) single service; or

(b) washed, rinsed, sanitized, and stored daily upon request and before each new occupant use in a manner prescribed in Rule R392-100 and protected from subsequent contamination.

(3) All appliances provided in public lodging units, including but not limited to coffee makers, microwaves, and refrigerators shall be cleaned between occupant use or more frequently as needed to be maintained clean by:

(a) using a clean, sanitary cloth; and

(b) not using any cleaning equipment, tool, or implement that was previously used in a toilet room or other unsanitary surface.

(4) A refrigerator, when provided in a guestroom, shall be capable of holding food at or below 41 degrees F.

(5) When a kitchenette is provided in the guestroom, the operator shall sanitize counter surfaces between guest use.

 

R392-502-15. Solid Waste.

(1) Solid waste generated at a public lodging facility shall be stored in a leak-proof, non-absorbent container, which shall be kept covered with a tight-fitting lid.

(2) All solid wastes shall be disposed with sufficient frequency and in such a manner as to prevent insect breeding or a public health nuisance.

 

R392-502-16. Inspections and Investigations.

(1)(a) Upon presenting proper identification, the operator shall permit the local health officer to enter the premises of a public lodging facility to perform inspections, investigations, reviews, and other actions as necessary to ensure compliance with Rule R392-502.

(b) The local health officer may not enter an occupied public lodging unit without the express verbal or written permission of the occupant except when a warrant is issued to a duly authorized public safety officer which authorizes the local health officer to enter, or when the operator and the local health officer determine that there exists an imminent risk to the life, health, or safety of the occupant.

 

R392-502-17. Closing of Public Lodging Units.

(1) When a facility or guestroom is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates or may create a hazard to the health of the occupants or of the public, the public lodging facility or guestroom may be deemed unfit for human habitation, as determined by a local health officer.

(2) If a local health officer deems a public lodging facility or guestroom unfit for human occupancy due to vermin infestation, pest control services shall be completed under the direction of a licensed Utah pesticide applicator, and pesticide application practices shall be in compliance with R68-7, Utah Pesticide Control Rule.

(a) When bedbugs are discovered or significant evidence indicates their presence in an individual unit or multiple units, effective and safe treatment as well as closure of the affected units and any adjacent units may be required, as determined by a local health officer.

(3) A public lodging facility or guestroom that is deemed unfit for human habitation may be closed to occupancy or use until deemed fit for occupancy or use by the local health officer.

(4) Any public lodging facility or guestroom deemed unfit for human habitation and closed to occupancy shall be vacated within a reasonable time as ordered by the local health officer.

(5) It shall be unlawful for an operator to allow any person to occupy any public lodging facility or guestroom that has been deemed unfit for human habitation until written approval of the local health officer is given.

 

KEY: public health, hotels, motels, resorts

Date of Enactment or Last Substantive Amendment: [July 22, 2008]2018

Notice of Continuation: April 2, 2012

Authorizing, and Implemented or Interpreted Law: 26-15-2

---