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.