Administrative Code

Virginia Administrative Code
9/25/2023

Part I. Definitions and General Provisions

12VAC5-431-10. Definitions.

The following words and terms when used in these regulations shall have the following meanings, unless the context clearly indicates otherwise:

"Agent" means a legally authorized representative for the owner.

"Approved water supply" means a waterworks that has a valid waterworks operation permit from the department or a water supply that is evaluated for compliance with the Private Well Regulations (12VAC5-630), tested, and if found in reasonable compliance with the applicable standards, accepted and approved by the commissioner or the commissioner's designee.

"Bed and breakfast facility" means a residential-type establishment that provides two or more rental accommodations and food service on any single day to a maximum of 18 transient guests for a period of five or more days in any calendar year or any residential type of facility providing at least one rental accommodation for transient guests and food service for a total of 30 or more days in any calendar year.

"Commissioner" means the state health commissioner or his designee who has been delegated powers in accordance with subdivision 2 of 12VAC5-431-40.

"Department" means the Virginia Department of Health.

"Director" means the local health director or his subordinate who has been delegated powers in accordance with subdivision 2 of 12VAC5-431-40.

"District health department" means a consolidation of local health departments as authorized in § 32.1-31 C of the Code of Virginia.

"Division" means the Division of Food and Environmental Services of the Virginia Department of Health.

"Employees" means and includes all maids, porters, and any other persons whose duties include the cleaning of rooms, toilets, or any part of the building, or the rendering of service to guests.

"Hot water" has the meaning as defined by the Virginia Uniform Statewide Building Code.

"Hotel" means any establishment offering to the public for compensation transitory lodging or sleeping accommodations, overnight or otherwise, including but not limited to facilities known by varying nomenclatures or designations as hotels, motels, travel lodges, tourist homes, or hostels and similar facilities by whatever name called that consist of two or more lodging units.

"Local health department" means the department established in each city and county in accordance with § 32.1-30 of the Code of Virginia.

"Lodging unit" means any room that is established and maintained for use as a sleeping area for temporary occupancy.

"Office" means the Office of Environmental Health Services of the Virginia Department of Health.

"Operator" means any person who is responsible for the daily operation of a hotel.

"Owner" means any person who owns, leases, or proposes to own or lease a hotel.

"Permit" means a license to operate a hotel.

"Person" means an association, a corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency.

"Person in charge" means the individual present at a hotel who is responsible for the operation at the time of inspection.

"Sanitary survey" means an investigation or inspection of any condition that may affect public health.

"Sewage" means water-carried and nonwater-carried human excrement and kitchen, laundry, shower, bath, or lavatory wastes separately or together with such underground, surface, storm and other water and liquid industrial wastes as may be present from residences, buildings, vehicles, industrial establishments or other places.

"Sewage disposal system" means a sewerage system or treatment works designed not to result in a point source discharge.

"Sewer" means any sanitary or combined sewer used to convey sewage or municipal or industrial wastes.

"Sewerage system" means pipelines or conduits, pumping stations and force mains and all other construction, devices and appliances appurtenant thereto used for the collection and conveyance of sewage to a treatment works or point of ultimate disposal.

"Single-service articles" means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, wooden chopsticks, toothpicks and similar articles intended for one-time, one-person use and then discarded.

"Swimming pool" means any structure, basin chamber, or tank, located either indoors or outdoors, containing an artificial body of water intended to be used for swimming, wading, diving or recreational bathing, including spas and hot tubs, and having a water depth of 24 inches or more at any point.

"Transient" means any individual who occupies a lodging unit in a hotel.

"Treatment works" means any device or system used in the storage, treatment, disposal or reclamation of sewage or combinations of sewage and industrial wastes, including but not limited to pumping, power and other equipment and appurtenances, septic tanks, and any works, including land, that are or will be (i) an integral part of the treatment process or (ii) used for the ultimate disposal of residues or effluents resulting from such treatment.

"Variance" means a conditional waiver to a specific regulation granted by the commissioner pursuant to 12VAC5-431-100 to a specific owner relating to a specific situation or facility and may be for a specified time period.

"Virginia Uniform Statewide Building Code" means 13VAC5-61 of the Virginia Administrative Code.

Statutory Authority

§§ 35.1-11 and 35.1-13 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002.

12VAC5-431-20. Purpose of regulations.

These regulations have been promulgated by the State Board of Health to specify the following requirements to protect public health:

1. Criteria for assuring the safe preparation, handling, protection or temperature control for food;

2. Criteria for maintaining physical plant sanitation;

3. Criteria for the storage and cleansing of linens and towels;

4. Criteria for general housekeeping and maintenance;

5. Requirements for approved water and sewage disposal systems;

6. Criteria for vector and pest control;

7. Criteria for ice machines and dispensers of perishable food items; and

8. Procedure for obtaining a license.

Statutory Authority

§§ 35.1-11 and 35.1-13 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002.

12VAC5-431-30. Applicability of other Virginia regulations to hotels.

A. The following Virginia regulations shall be applicable to hotels:

1. Food Regulations (12VAC5-421).

2. Sewage Handling and Disposal Regulations (12VAC5-610).

3. Waterworks Regulations (12VAC5-590).

4. Sewerage Regulations (12VAC5-580).

5. Private Well Regulations (12VAC5-630).

6. Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools (12VAC5-460).

7. Swimming Pool Regulations Governing the Posting of Water Quality Test Results (12VAC5-462).

B. These regulations are in addition to the requirements of the Virginia Uniform Statewide Building Code (13VAC5-61).

Statutory Authority

§§ 35.1-11 and 35.1-13 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002.

12VAC5-431-40. Administration of regulations.

These regulations are administered by the following:

1. State Board of Health. The State Board of Health has the responsibility to promulgate, amend and repeal regulations necessary to protect the public health.

2. State Health Commissioner. The State Health Commissioner is the chief executive officer of the State Department of Health. The commissioner has the authority to act for the board when it is not in session (See § 32.1-20 of the Code of Virginia). The commissioner may delegate his powers under these regulations in writing to any subordinate.

3. State Department of Health. The State Department of Health is designated as the primary agent of the board for the purpose of administering these regulations.

4. District or local health department. The district or local health department is responsible for implementing and enforcing the regulatory activities required by these regulations.

Statutory Authority

§§ 35.1-11 and 35.1-13 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002.

12VAC5-431-50. Right of entry and inspections.

In accordance with the provisions of § 35.1-5 of the Code of Virginia, the commissioner or his designee shall have the right to enter any property to ensure compliance with these regulations.

Statutory Authority

§§ 35.1-11 and 35.1-13 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002.

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