Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
194A.050, 219.011-219.041,
219.111,
219.991(1)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
Cabinet for Health and Family Services to promulgate administrative regulations
necessary to operate programs and fulfill the responsibilities vested in the
cabinet.
KRS
194A.050(3) authorizes the
secretary of the cabinet to establish a schedule of reasonable fees for
permitting and inspection to ensure compliance with program standards
administered by the cabinet.
KRS
219.021 requires the cabinet to issue permits
to operate a hotel and to establish a fee for an annual permit and permit
renewal.
KRS
219.041 requires the cabinet to adopt a State
Hotel Code, which includes the requirements for the issuance, suspension, and
revocation of permits to operate; submission of plans for construction and
equipment layout; plumbing; lighting; ventilation; water supply; sewage
disposal; sanitary standards for operation; and other matters deemed necessary
to ensure a safe and sanitary operation of a hotel.
Section 1. Definitions.
(1) "Employee" means any person working in a
hotel.
(2) "Ice dispensing machine"
means any self-service or semi self-service machine operated by a mechanism
that, upon insertion of a coin, coins, or tokens, or by other devices such as
levers or switches, dispenses ice either in bulk or in package form.
(3) "Public restroom" means any facility that
provides toilet and hand-washing facilities for the general public.
(4) "Self-service ice storage bin" means a
self-service machine or storage bin in which ice is manufactured or stored in
bulk form and the ice removed by the hotel guest through use of an ice scoop or
other similar device.
(5) "Tempered
water" means a water temperature of at least ninety (90) degrees Fahrenheit to
a maximum temperature of 110 degrees Fahrenheit.
(6) "Transient" means occupancy of a dwelling
unit or a sleeping unit for not more than thirty (30) days.
Section 2. Applicability. For the
purposes of this administrative regulation, a hotel shall:
(1) Primarily be transient in
nature;
(2) Not include apartments,
dormitories, hostels, single or multi-family homes, or vacation rental cabins;
and
(3) Consist of three (3) or
more rentable units within one (1) location.
Section 3. Application for a Permit.
(1) A person desiring to operate a hotel
shall complete and submit form DFS-200, Application for Permit or License, as
incorporated by reference in
902 KAR 45:065, to the
local or district health department serving the county where the hotel is
located.
(2)
(a) Upon receipt of an application, the
cabinet shall inspect the hotel to determine compliance with the provisions of
this administrative regulation.
(b)
If the inspection reveals that the applicable requirements of this
administrative regulation have been met, a permit shall be issued to the
applicant by the cabinet.
(3) A permit to operate a hotel shall be
renewed annually pursuant to
KRS
219.021.
(4)
(a) An
application for an annual permit to operate a hotel shall be accompanied by a
fee of $100.
(b) A late renewal fee
of fifty (50) dollars shall be assessed on all annual permit renewals that are
postmarked beyond thirty (30) days of the expiration date.
(5) The fee assessed for the inspection of a
hotel shall be assessed according to the total number of rooms of the
establishment:
(a) One (1) to twenty-five (25)
rooms - $150;
(b) Twenty-six (26)
to fifty (50) rooms - $175;
(c)
Fifty-one (51) to 100 rooms - $200;
(d) 101 to 200 rooms - $225;
(e) 201 to 300 rooms - $250;
(f) 301 to 400 rooms - $275;
(g) 401 to 500 rooms - $300;
(h) 501 to 600 rooms - $325; or
(i) 601 or more rooms -
$350.
(6) Payment of
Fees. Fees shall be paid to the local health department having juris-diction.
Fees received by local health departments shall be deposited in the Kentucky
State Treasury. Inspection fees shall be submitted with the application for a
permit to operate.
Section
4. Hotel Water Supply and Ice.
(1)
(a) The
water supply shall be potable, adequate, and from an approved public supply of
a municipality or water district, if available.
(b) If a public water supply of a
municipality or a water district is not available, the supply for a hotel shall
be developed and approved in accordance with applicable requirements of 401 KAR
Chapter 8.
(c) If a public water
supply of a municipality or water district subsequently becomes available,
connections shall be made to this supply, and the hotel supply shall be
discontinued.
(2) Hot and
cold or tempered water under pressure shall be provided in all bathrooms and
toilet rooms.
(3) Ice used for any
purpose shall be:
(a) Made from water that
comes from an approved source; and
(b) Used only if it has been manufactured,
stored, transported, and handled in a sanitary manner in accordance with the
requirements of 401 KAR Chapter 8 and
902 KAR
45:005.
(4)
(a)
Self-service ice provided for the hotel guest shall be dispensed through use of
ice dispensing machines or prepackaged for individual hotel guests from an
approved source in all hotels.
(b)
Ice making equipment located in individual rooms shall not be
prohibited.
(c) Self-service ice
storage bins shall be prohibited.
(5) Ice machines shall be:
(a)
Constructed of sanitary, durable, corrosion-resistant material that is easily
cleanable;
(b) Located, installed,
and operated to prevent contamination of the ice;
(c) Kept clean, free of any mold, rust,
debris, or other contaminants;
(d)
Maintained in good repair in accordance with the manufacturer's instructions;
and
(e) Drained through an air
gap.
Section 5.
Hotel Sewage and Waste Disposal.
(1) All
sewage and waste matter shall be disposed of into a public sewerage system, if
available.
(2) If a public sewerage
system is not available, disposal shall be made into a private system designed,
constructed, and operated in accordance with the requirements of
902 KAR
10:085.
(3) If a public sewerage system subsequently
becomes available, connections shall be made to this system, and the hotel
sewerage system shall be discontinued.
Section 6. Toilet and Bathing Facilities.
(1) Each hotel shall be provided with
adequate and conveniently located toilet and bathing facilities.
(2) Toilet and bathing facilities shall be
provided for each sleeping room in accordance with
815 KAR
20:191.
(3) Toilet and bathing fixtures shall be of a
sanitary design and readily cleanable.
(4) Toilets and bathing facilities, including
rooms and fixtures, shall be kept in a clean condition and in good
repair.
(5) Toilet tissue shall be
provided.
(6) Easily cleanable
receptacles shall be provided for waste materials, and the receptacles in
public toilet rooms for women shall be covered.
(7) Public restroom facilities for both sexes
shall be provided when required by
815 KAR
20:191.
(8) The doors of all public restrooms shall
be self-closing.
(9) Each hotel
shall provide adequate, conveniently located hand-washing facilities at each
toilet and bathroom and include hand-cleansing soap and approved sanitary
towels or other approved hand-drying devices. These facilities shall be kept
clean and in good repair.
(10) All
plumbing in hotels shall comply with 815 KAR Chapter 20.
Section 7. Storage, Collection and Disposal
of Hotel Refuse.
(1) All containers used in
guest rooms, lobbies, hallways, and public assembly rooms for storage of refuse
shall be constructed of materials that do not leak and do not absorb liquids.
These containers shall be thoroughly cleaned on the inside and outside each
time they are emptied unless liners are used.
(2) All outside storage containers shall be:
(a) Constructed of materials that do not leak
and do not absorb liquids;
(b)
Provided with tight fitting lids or covers; and
(c) Kept covered.
(3) Refuse containers shall be adequate for
storage of all refuse accumulating on the premises.
(4) All refuse and waste collected at a hotel
shall be disposed of in a safe and sanitary manner.
Section 8. General Construction and Room
Layout.
(1) All structures used as hotels
shall be of permanent, weatherproof construction with sound floors, walls, and
ceilings.
(2) All walking, driving,
and parking surfaces shall be graded to prevent the pooling of water.
(3) All habitable rooms, bathrooms, and halls
shall have adequate lighting, ventilation, and heating as specified in this
subsection.
(a) The heating system shall be
capable of maintaining a temperature of sixty-eight (68) degrees
Fahrenheit.
(b) Natural and
artificial lighting for general cleaning purposes and safety of guests shall be
at least five (5) foot-candles in guest rooms, stairways, and
hallways.
(c) Lighting in reading
areas of guest rooms and public meeting rooms shall be thirty (30)
foot-candles.
(d) Lighting at
bathroom mirrors shall be forty (40) foot-candles.
(4) Sleeping rooms shall have at least one
(1) window to the outside air which can be easily opened unless other openings
or mechanical devices are used for room ventilation.
(5) Windows that open to the outside air
shall have screens to prevent the entry of insects and other vermin, and be
maintained in good repair.
(6) All
sleeping rooms shall have a door opening directly to the outside or into a
hallway leading to the outside.
(7)
All sleeping rooms shall be in compliance with
KRS
219.111.
Section 9. Soap, Towels, Washcloths, Drinking
Glasses, and Ice Containers.
(1) Rooms used
for sleeping purposes shall be provided with soap, towels, washcloths, and
drinking glasses.
(a) Two (2) clean towels
and one (1) clean washcloth of adequate size shall be provided for each
occupant.
(b) One (1) multiuse
drinking glass or individual single-service cup shall be provided for each
occupant.
(2) Ice
storage containers, scoops, and drinking glasses, unless they are of the
single-service type, shall be smooth, impervious material and designed to
facilitate cleaning, and shall be stored, handled, and dispensed in a sanitary
manner.
(3) Multiuse drinking
glasses and ice containers shall be washed and sanitized according to
procedures as set forth in
902 KAR
45:005.
(4) Hotels that do not have adequate and
effective facilities for cleaning and sanitizing mul-tiuse drinking glasses and
ice containers shall use single-service articles. All single-service articles
shall be:
(a) Stored, handled, and dispensed
in a sanitary manner;
(b) Used only
once; and
(c) Made from nontoxic
materials.
(5) Multiuse
drinking glasses or single-service containers placed in sleeping rooms shall be
individually wrapped or stored on a clean surface in an inverted
position.
Section 10.
Hotel Beds and Bedding Accessories.
(1)
Mattress pads or covers shall be used on all mattresses.
(2) Beds, mattresses, springs, slats,
mattress pads, and covers shall be clean and free from vermin.
(3) Each bed shall be provided with two (2)
sheets; and one (1) pillow and one (1) pillow case for each occupant.
(4) Sheets and pillow cases shall be kept
clean and changed at least once per week or more often if necessary or when
there is a new occupant.
(5) All
beds shall be supplied with sufficient blankets or coverings to keep the
occupant warm.
Section
11. Maintenance of Rooms, Furniture and Accessories. All sleeping
rooms, hallways, lobbies, and other facilities shall be kept clean and in good
repair. Furniture, drapes, curtains, and shades shall be kept clean and in good
repair.
Section 12. Linen Storage.
Adequate storage areas, rooms, or cabinets shall be provided for all supplies,
linens, and equipment, and shall be kept neat, orderly, clean, and stored away
from soiled linens.
Section 13.
Vermin Control.
(1) Effective measures shall
be taken to control vermin and other pests including their entrance into the
hotel.
(2) All exterior areas shall
be kept clean and free of debris that could provide rodent harborage or
breeding places for flies, mosquitoes, or other pests.
(3) Guest rooms shall not be rented if
infested with insects, rodents, or other pests, until the infestation is
eliminated.
(4) Any application of
pesticides shall be in accordance with 302 KAR Chapter 29.
Section 14. Poisonous and Toxic Materials.
The hotel shall only use or store poisonous and toxic materials that are
required to maintain sanitary conditions and for sanitization purposes. These
materials shall be properly stored and identified and shall be used only in a
manner and under conditions as will not constitute a hazard to employees or
customers.
Section 15. Hotel
Swimming Facilities. Any swimming or bathing facility provided for use by hotel
occupants shall be constructed and operated in accordance with
815 KAR
7:120 and
902 KAR
10:120.
Section
16. Hotel Personnel.
(1) A person
shall not work in any area of a hotel in any capacity while:
(a) Affected with, or a carrier of, any
disease in a communicable form;
(b)
Afflicted with boils, infected wounds, or sores; or
(c) Diagnosed with an acute respiratory
infection.
(2) If there
is a likelihood of a person contaminating bedding and other surfaces with
pathogenic organisms, or transmitting disease to other individuals, the hotel
manager or person in charge shall follow the procedures established in Section
17 of this administrative regulation.
(3) All employees shall:
(a) Wear clean outer garments;
(b) Maintain a high degree of personal
cleanliness;
(c) Conform to
hygienic practices while on duty; and
(d) Wash their hands thoroughly in an
approved hand-washing facility before starting work, and as often as may be
necessary to remove soil and contamination.
(4) All employees shall wash their hands
after visiting the toilet, smoking, or eating before returning to
work.
Section 17.
Procedure when Infection is Suspected.
(1) If
the hotel manager or person in charge has reason to suspect that any employee
has contracted any disease in communicable form or has become a carrier of a
communicable disease, the cabinet shall be notified immediately.
(2) If the cabinet has reasonable cause to
suspect the possibility of disease transmission from any hotel employee, the
cabinet shall secure a morbidity history of the suspected employee, or make
other investigation as may be indicated and take appropriate action in
accordance with subsection (3) of this section.
(3) The cabinet may require the following
measures:
(a) The immediate exclusion of the
employee from the hotel;
(b)
Restriction of the employee's services to an area of the establishment where
there would be no danger of transmitting disease; or
(c) Require adequate medical and laboratory
examinations of the employee, or of other employees.
Section 18. Plan Review of Future
Construction.
(1) A person shall not
construct, alter, or convert an existing structure into a hotel unless the
cabinet has approved the plans and specifications.
(2) The plans and specifications required in
subsection (1) of this section shall:
(a) Be
submitted to the cabinet; and
(b)
Provide the following information:
1. The
layout of the hotel;
2. The
construction materials that will be used;
3. The fixed equipment; and
4. A plumbing riser diagram.
Section 19.
Inspection of Hotels.
(1) At least once every
twelve (12) months, the cabinet shall inspect each hotel and shall make
additional inspections and reinspections as are necessary for the enforcement
of this administrative regulation.
(2) When an agent of the cabinet makes an
inspection of a hotel, the findings shall be recorded on an official cabinet
inspection report form, DFS-314, Hotel - Motel Inspection Form, and a copy
provided to the permit holder or operator. The inspection report shall:
(a) Set forth the specific violations
found;
(b) Establish a specific
period of time for the correction of the violations found; and
(c) State that failure to comply with any
notice issued in accordance with the provisions of this administrative
regulation can result in suspension of the permit.
(3) If the cabinet or its agent is on notice
that a hotel is in violation of another agency's lawful requirement, the permit
shall not be renewed until the permit holder demonstrates to the cabinet or its
agent that the violation has been corrected.
Section 20. Suspension of Permit.
(1) A hotel permit shall be suspended
immediately upon notice to the permit holder if:
(a) The cabinet has reason to believe that an
imminent public health hazard exists; or
(b) The permit holder has interfered with
agents of the cabinet in the performance of their duties.
(2) If a permit has been suspended, the
permit holder may request an administrative hearing in accordance with
902 KAR
1:400.
(3)
A permit holder or operator who has failed to comply with any written notice
issued under the provisions of this administrative regulation shall be notified
in writing that the permit shall be suspended at the end of ten (10) days
following service of the notice, unless a written request for a hearing is
filed in accordance with
902 KAR
1:400.
Section 21. Reinstatement of Suspended
Permits. Any person whose permit has been suspended may, at any time, make
application for a reinspection for the purpose of reinstatement of the
permit.
Section 22. Revocation of
Permits.
(1) For serious or repeated
violations of any of the requirements of this administrative regulation or for
interference with the agents of the cabinet in the performance of their duties,
the permit may be permanently revoked.
(2) Prior to revocation, the cabinet shall
notify the permit holder in writing, stating the reasons for which the permit
is subject to revocation and advising that the permit shall be permanently
revoked at the end of ten (10) days following service of the notice, unless a
request for an appeal is filed in accordance with
902 KAR
1:400.
(3)
A permit may be suspended for cause pending revocation.
Section 23. Incorporation by Reference.
(1) The "DFS-314, Hotel - Motel Inspection
Form", 7/19, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at Environmental Management
Branch, Division of Public Health Protection and Safety, Department for Public
Health, 275 East Main Street, Frankfort, Kentucky 40601, Monday through Friday,
8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
194A.050(1),(3),
219.021,
219.041