Administrative Code

Virginia Administrative Code
4/13/2024

Part III. Design, Construction and Operational Criteria

12VAC5-431-280. Supervision.

The operator of a hotel, or his designated representative who is responsible for the premises, shall be available on the premises while it is open for use.

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.

12VAC5-431-290. General sanitation.

All buildings, other facilities, equipment fixtures, furnishings and the premises of a hotel shall be kept clean, in good repair, and maintained so as to protect the health, safety, and well-being of persons using those facilities.

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.

12VAC5-431-300. Floor requirements.

The floors of all lodging units, hallways, store rooms and all other spaces used or traversed by guests shall be of such construction as to be easily cleaned and shall be kept clean and in good repair. The requirements of this section shall not prevent the use of rugs, carpets, or natural flooring so long as they are clean and in good repair. Abrasive strips for safety purposes may be used wherever deemed necessary to prevent accidents.

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.

12VAC5-431-310. Walls and ceiling requirements.

The walls and ceilings of all lodging units, hallways, bathrooms, store rooms and all other spaces used or traversed by guests shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair. Cleaning of walls and ceilings shall be so done as to minimize the raising of dust and the exposure of guests thereto. Studs, joists, or rafters shall not be left exposed except when suitably finished and kept clean.

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.

12VAC5-431-320. Room furnishing requirements.

All equipment, fixtures, furniture, windows, and furnishings, including draperies, curtains, carpets, other floor materials shall be kept clean and free of dust, dirt, vermin, and other contaminants and shall be maintained in good order and repair.

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.

12VAC5-431-330. Air volume, heat, light, and ventilation requirements.

The air volume, heat, light, and ventilation of each lodging unit shall be constructed and maintained in accordance with the Virginia Uniform Statewide Building 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.

12VAC5-431-340. Box springs, mattresses, bedding and linen requirements.

A. Box springs and mattresses shall be clean and in good repair.

B. Conventional mattress covers or pads shall be used for the protection of mattresses and shall be kept clean and in good repair.

C. All sheets, pillowcases, towels, washcloths, and bathmats shall be kept clean and in good repair, freshly laundered and sanitized between occupants and changed at least once every 7 days if used by the same occupant.

D. When a blanket is placed on the bed, the upper sheet shall be of sufficient length to fold and overlap the top section of the blanket.

E. All clean bedding and linen shall be stored in a clean and dry place.

F. All soiled bedding and linen shall be handled and stored so as not to contaminate clean bedding and laundry.

G. Containers for transporting or storing bedding and linen shall be constructed of impervious materials and shall be smooth and easily cleanable.

H. Laundry storage rooms shall be separated from staff living quarters and be kept in a clean and organized fashion. EXEMPTION: This subsection shall not apply to bed and breakfast facilities.

I. All blankets, quilts, bedspreads, and comforters shall be maintained in a sanitary and good condition.

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.

12VAC5-431-350. Bed spacing requirements.

A. Bed arrangements of lodging units shall provide not less than 24 inches clear space between each bed, cot, or bunk.

B. No lodging unit shall contain more than two tiers of beds. When two tiers are used, there shall be at least:

1. Three feet of clear vertical space between tiers of beds and between the top tier and ceiling; and

2. Four feet of space between tiered beds.

C. There shall be sufficient space between the floor and the underside of the beds to facilitate easy cleaning. In lieu of such space, the bed shall have a continuous base or shall be on rollers.

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.

12VAC5-431-360. Toilet, lavatory, and bath facilities requirements.

A. The required number of sanitary fixtures shall be in accordance with the Virginia Uniform Statewide Building Code.

B. Toilets, lavatories and bath facilities shall be maintained in a clean and sanitary condition and maintained in good repair.

C. The location and use of all public toilet and bath facilities shall be clearly indicated by appropriate signs.

D. Toilet, lavatory, and bath facilities for hotel patrons located in private homes shall be separate from toilet and bath facilities utilized by the owner or operator of said hotel.

E. All lavatories, bathtubs, and showers shall be provided with hot and cold water, except where otherwise specifically exempted by the department.

F. Toilet and bath facilities shall have:

1. Floors that are finished with a material that is smooth, easily cleanable, impervious to water, and coved to a height of four inches. The use of carpet is prohibited.

2. Shower compartments with walls that are in accordance with the Virginia Uniform Statewide Building Code. An effective water-tight joint between the wall and the floor shall be maintained.

3. Interior finishes that are smooth, easily cleanable, and impervious to water.

4. Where rubber or impervious mats are used, such mats clean and dry between usages.

5. Bathtub and shower stall floors that are finished with nonslip, impervious surfaces or provided with nonslip impervious bath mats.

6. Where glass bath or glass shower doors are used, such doors made of safety glass.

7. Toilet tissue, soap, towels, and a waste receptacle provided.

G. All plumbing installations shall be in accordance with the Virginia Uniform Statewide Building 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.

12VAC5-431-370. Solid waste.

A. A minimum of one watertight, nonabsorbent and easily washable waste receptacle shall be provided in each lodging unit. Such receptacle shall be kept clean and in good repair.

B. Solid waste shall be collected daily from rooms and areas used by guests.

C. Solid waste shall be disposed of in accordance with all applicable local ordinances and state laws and regulations.

D. Solid waste shall be stored in either individual garbage containers, bins, or storage vehicles.

E. All such bulk storage containers or vehicles shall:

1. Have tight fitting lids or covers;

2. Be durable, rust resistant, water tight, rodent proof, readily washable, and kept in good repair.

F. Solid waste shall be removed from the hotel's premises at regular intervals. Collection frequency shall be such so as not to create:

1. Vector production and sustenance;

2. Objectionable odors; or

3. Any overflowing of solid waste or other unsanitary condition.

G. Solid Waste shall be transported in accordance with all applicable local ordinances and state law and regulation.

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.

12VAC5-431-380. Vector control.

A. Vector control measures shall be employed to prevent vector infestations in or around hotels.

B. Insect and rodent control measures to safeguard public health and to prevent nuisance to the public shall be applied. Developed areas, buildings, and structures shall be maintained free of accumulations of debris.

C. Application of pesticides or rodenticides shall be conducted by a Virginia Department of Agriculture and Consumer Services certified pesticide applicator or under the direct supervision of a Virginia Department of Agriculture and Consumer Services certified applicator.

D. The presence of any rodent, such as mice and rats, reptiles or any insect infestation shall be evidence that sufficient vector control measures have not been implemented at the hotel and shall be considered a violation of 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.

12VAC5-431-390. Spas, swimming pools, and other swimming facilities.

Any spa, swimming pool, or other swimming facility located at or operated in connection with a hotel shall comply with the department's swimming pool regulations as specified in 12VAC5-431-30.

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; Errata, 33:9 VA.R. 977 December 26, 2016.

12VAC5-431-400. Water supply systems.

A. Water supply systems serving hotels shall comply with the department's Waterworks Regulations or Private Well Regulations as specified in 12VAC5-431-30.

B. The water supply distribution system shall be designed, constructed, and maintained in compliance with the Virginia Statewide Uniform Building Code.

C. Water heaters shall have installed an approved ASME pressure relief valve that is accessible for inspection and testing.

D. Where drinking fountains are provided, they shall be of an angle jet type with adequate water pressure at all times.

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; Errata, 33:9 VA.R. 977 December 26, 2016.

12VAC5-431-410. Sewage disposal.

A. Hotels shall provide an adequate and safe sewerage system.

B. Sewage and waste water shall be disposed of into a public sewerage system or by a sewage system constructed and operated in accordance with applicable laws and regulations of the department.

C. No untreated or partially treated sewage, liquid waste, or septic tank effluent shall be discharged directly or indirectly onto the surface of the ground or into public waters.

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.

12VAC5-431-420. Fire safety.

Hotels shall comply with the requirements of the Virginia Statewide Fire Prevention Code (13VAC5-51).

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.

12VAC5-431-430. Chemical and physical hazards.

A. Cleaning equipment, supplies, pesticides, rodenticides, chemicals, paints, and other toxic substances shall be kept isolated from guests and stored so as to prevent contamination of clothing, toweling, and bedding materials. All applications of chemicals including, but not limited to, cleaners and disinfectants shall be in accordance with the manufacturers' recommendations.

B. All toxic substances shall be clearly identified and accurately labeled as toxic.

C. Housekeeping carts shall be kept organized such that clean linens, single-service articles, ice buckets, and glassware stored on these units shall be protected from contamination by toilet brushes, soiled linen, cleaning agents, or any other possible sources of contamination.

D. All stairways shall be provided with firmly attached handrails and guardrails in accordance with the Virginia Uniform Statewide Building Code.

E. All boilers and pressure vessels shall be approved and maintained in accordance with the applicable state statutes.

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.

12VAC5-431-440. Food services.

A. Eating and drinking establishments, commissaries, mobile units, and vending machines operated in conjunction with a hotel shall be operated in compliance with the Food Regulations (12VAC5-421).

B. When reusable glassware is provided by the hotel, it must be properly washed, rinsed, and sanitized. An approved three-compartment sink or a commercial dishwashing machine shall be provided in a kitchen or separate room for the purpose of performing this function. Sanitized glassware shall be stored in a clean site that is removed from sources of contamination. A single-service cover is to be placed on the opening of the glassware prior to its removal from the cleaning site. If this cover is removed by the guest, then the glassware is presumed to be soiled and shall be washed and sanitized.

C. Single-service articles shall be properly stored and protected from contamination. The reuse of these items is prohibited.

D. Ice buckets shall be constructed and repaired with safe materials and shall be corrosive resistant, nonabsorbent, nontoxic, smooth, easily cleanable and durable under conditions of normal use. Single-service ice buckets may be used if intended for one use only and if made from clean, sanitary safe materials.

E. When ice buckets are provided by hotels, they must be properly washed, rinsed and sanitized. An approved three-compartment sink or commercial dishwashing machine shall be provided in the kitchen or a separate room for the purpose of performing this function. A food grade liner may be used in lieu of a three-compartment sink to protect ice from contamination as long as the liner and ice bucket itself are clean and of approved construction. When ice buckets are provided, they must have either an approved lid or a food grade liner available to protect ice from contamination.

F. Bottled or packaged water shall be obtained from an approved source and shall be packaged, handled, sorted and dispensed in a way that protects it from contamination.

G. Any hotel that makes ice available in public areas, including but not limited to lobbies, hallways, and outdoor areas, shall restrict access to such ice in accordance with the following provisions:

1. Newly constructed facilities. After March 1, 2002, any newly constructed hotel that installs ice-making equipment, and any existing hotel that installs or replaces ice-making equipment, shall install only automatic dispensing, sanitary ice-making and storage equipment in areas accessible to the public. Any such establishment may install open-type bin ice machines in areas not accessible to the public provided they meet the requirement of subdivision 2 of this subsection.

2. Existing facilities. After March 1, 2004, any existing hotel that has not converted to automatic dispensing, ice-making and storage shall no longer permit unrestricted public access to open-type ice bins and shall dispense ice to guests only by having employees give out prefilled, individual sanitary containers of ice or by making available prefilled, disposable, closed bags of ice.

H. EXEMPTION: Bed and breakfast facilities are exempt from subsection B of this section. Bed and breakfast facilities shall comply with all applicable sections of the Food Regulations of the Board of Health (12VAC5-421).

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.

12VAC5-431-450. Lodging unit kitchens.

A. Cooking by guests in lodging units that have not been equipped with kitchens or in efficiency-type kitchen facilities that do not conform to the Virginia Statewide Uniform Building Code is prohibited.

B. Kitchen-equipped lodging units shall have:

1. A sink suitable for dishwashing with hot and cold water.

2. A refrigerator capable of maintaining a food temperature of 41°F or less.

3. Utensils and equipment, if supplied, that are easily cleanable, durable, and kept in good repair. Utensils supplied in lodging units shall be washed, rinsed, and sanitized after each occupancy and have a notice stating: "For your convenience, dishes and utensils have been washed and sanitized. If you would like to further sanitize these items, please contact the manager." The sanitizing agent shall be available in the office.

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.

12VAC5-431-460. Examination of employees for communicable diseases.

All hotel employees shall submit to such examination or examinations as may be considered necessary by the commissioner when such employees are suspected of having a communicable disease. It shall be the duty of the owner or manager of any hotel to exclude from service in the establishment any employee who is known to be infected with a communicable disease, except in circumstances individually approved by the commissioner.

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.

12VAC5-431-470. Pets.

The person operating a hotel may establish and enforce rules designed to prohibit or control pets. No guest shall allow his pet to run at large or be a nuisance.

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.

12VAC5-431-480. Posting of rates and Code of Virginia sections.

All operators shall post conspicuously in each lodging unit occupied by transient guests the rates for the room together with §§ 8.01-42.2, 35.1-27 and 35.1-28 of the Code of Virginia in which are prescribed the duties, liability of guests for hotel damage, and limitation of liability of guests for hotel damage from innkeepers.

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.

12VAC5-431-490. Employee training.

A. Each employee, as defined in § 35.1-15.1 A of the Code of Virginia, shall by July 1, 2023, or within six months of being employed by a hotel and thereafter at least once per consecutive two-year period, complete a training course provided or approved by the Department of Criminal Justice Services pursuant to §§ 9.1-102 and 35.1-15.1 of the Code of Virginia on recognizing and reporting instances of suspected human trafficking.

B. The permit holder shall provide documentation, upon request by the department, that the hotel's employees have completed the required training.

Statutory Authority

§§ 35.1-11, 35.1-13, and 35.1-15.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 39, Issue 10, eff. February 1, 2023.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.