wv-wv-18526: 64-18 — GENERAL SANITATION

6/25/2026 12:32:48 PM Office of West Virginia Secretary Of State NOTICE OF PUBLIC COMMENT PERIOD AGENCY: Health TITLE-SERIES: 64-18 RULE TYPE: Legislative Amendment to Existing Rule: Yes Repeal of existing rule:No RULE NAME: GENERAL SANITATION CITE STATUTORY AUTHORITY: W. Va. Code §16-1-4 COMMENTS LIMITED TO: Written DATE OF PUBLIC HEARING: LOCATION OF PUBLIC HEARING: DATE WRITTEN COMMENT PERIOD ENDS: 07/25/2026 5:00 AM COMMENTS MAY BE MAILED OR EMAILED TO: NAME: Virginia M Payne 321 Capitol Street ADDRESS: Charleston, WV 25301 EMAIL: virginia.m.payne@wv.gov PLEASE INDICATE IF THIS FILING INCLUDES: No RELEVANT FEDERAL STATUTES OR REGULATIONS: (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) INCORPORATED BY REFERENCE: No (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) PROVIDE A BRIEF SUMMARY OF THE CONTENT OF THE RULE: This rule establishes the minimum public health sanitation requirements governing all institutions and schools, care facilities, lodging facilities, recreational facilities, and public restrooms. SUMMARIZE IN A CLEAR AND CONCISE MANNER CONTENTS OF CHANGES IN THE RULE AND A STATEMENT OF CIRCUMSTANCES REQUIRING THE RULE: Amendments to the rule include technical cleanup and other changes aimed at aligning the rule with current standards and practice. SUMMARIZE IN A CLEAR AND CONCISE MANNER THE OVERALL ECONOMIC IMPACT OF THE PROPOSED RULE: A. ECONOMIC IMPACT ON REVENUES OF STATE GOVERNMENT: None B. ECONOMIC IMPACT ON SPECIAL REVENUE ACCOUNTS: None C. ECONOMIC IMPACT OF THE RULE ON THE STATE OR ITS RESIDENTS: None D. FISCAL NOTE DETAIL: Effect of Proposal Fiscal Year 2026 2027 Fiscal Year (Upon Increase/Decrease Increase/Decrease Full (use "-") (use "-") Implementation) 1. Estimated Total Cost 0 0 0 Personal Services 0 0 0 Current Expenses 0 0 0 Repairs and Alterations 0 0 0 Assets 0 0 0 Other 0 0 0 2. Estimated Total 0 0 0 Revenues E EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT): N/A BY CHOOSING 'YES', I ATTEST THAT THE PREVIOUS STATEMENT IS TRUE AND CORRECT. Yes Virginia M Payne-By my signature, I certify that I am the person authorized to file legislative rules, in accordance with West Virginia Code §29A-3-11 and §39A-3-2. 64CSR18 TITLE 64 LEGISLATIVE RULE BUREAU FOR PUBLIC HEALTH DEPARTMENT OF HEALTH AND HUMAN RESOURCES SERIES 18 GENERAL SANITATION §64-18-1. General. 1.1. Scope. This rule establishes the minimum public health sanitation requirements governing all institutions and schools, care facilities, lodging facilities, recreational facilities, and public restrooms. 1.2. Authority. -- W. Va. Code §16-1-4. 1.3. Filing Date. -- July 12, 2013. 1.4. Effective Date. -- August 12, 2013. 1.5. Sunset. -- This rule shall terminate and have no further force or effect on August 1, 2032. 1.5. 1.6. Applicability. -- This rule applies to every person who in any manner establishes, conducts, controls, manages, maintains, or operates a facility included under the scope of this rule. 1.6. 1.7. Enforcement. -- This rule is enforced by the commissioner of the Bureau for Public Health. §64-18-2. Definitions. 2.1. Approved -- Aprocedureofoperation,installation,orconstructionwhichisinaccordancewiththe standards, specifications, and instructions established by the Bureau for Public Health. 2.2. Bed and Breakfast Inn -- An establishment providing lodging facilities in the form of sleeping accommodations and, at a minimum, a breakfast for a fee. 2.3. Campground -- Atract of landestablished, maintained,andoffered to thepublic forpayment a fee for the location or placement of two or more camping units. 2.4. Camping Unit -- Any tent, camping vehicle, cabin, or similar vehicle or structure designed or intended to be used for camping purposes. 2.4.a. 2.4.1. A “camping unit” means and includes, but is not limited to, tents, tent campers, fold down campers, pop up campers, travel trailers, camping vans, motor homes, pick up coach campers, or any other unit built or mounted on a vehicle or chassis and capable of being self-propelled or towed. 2.4.b. 2.4.2. A “camping unit” shall not include any unit kept by its owner on land occupied by the owner in connection with his or her dwelling, or any unoccupied camping unit kept and stored at a location that has been reserved for storage within a campground. 1 64CSR18 2.5. Campsite -- Any plot of land within a campground used or intended to be used for the location or placement of a camping unit. 2.6. Care Facilities -- Include, but are not limited to, public or private halfway houses, adult day care facilities,residentialcarefacilities(suchasjuvenilegrouphomesandworkreleasecenters),andnon-disaster shelters(suchashomelesssheltersandfamilyviolenceprotectionshelters).Thetermdoesnotincludehealth care facilities licensed by the Office of Health Facilities Licensure and Certification in the Office of the Inspector General. 2.7. Commissioner -- The commissioner of the Bureau for Public Health or his or her lawful designee. 2.8. Construct -- To install, establish, extend, alter, or modify. 2.9. Health Officer - The commissioner of the bureau for public health who is also the State Health Officer or the executive officer of the local board of health or his or her lawful representative designee. 2.10. Hotel -- Every building where food and lodging are furnished to guests and payment is required. 2.11. Institution -- A public or private facility established by an organization or corporation for the purposeofprovidinghighereducation,care,training,rehabilitation,orothersimilarservicesorfunctions.An “institution”includespublicorprivatecorrectionalfacilities,homelessshelters,collegesanduniversities,and primary and secondary educational facilities (pre-K through grade twelve 12). An “institution” does not include warming shelters, warming stations, or recovery residences. 2.12. Labor Camp -- A labor camp includes any lumber, mining, agricultural, construction, or other industrial camp where ten 10 or more persons are employed and housed in temporary quarters, such as cars, motor homes, camper vehicles, wagons, tents, cabins, buildings, or other similar enclosures. 2.13. Lodging Facilities -- Include, but are not limited to, hotels, motels, labor camps, and Bed and Breakfast Inns. Every building, cabin, condominium, residential dwelling, glamping unit, or other structure offered or used to furnish lodging with sleeping accommodations to transient guests or the traveling public. “Lodging facilities” do not include residential dwellings that are occupied full time by the owner. 2.14. MassGathering -- Anygroupoftwohundredfifty(250)ormorepersonsassembledtogetherfora meeting, festival, social gathering, concert, or other similarpurpose. The term shall not include assembly in anypermanentbuildingsorpermanentstructuresdesigned,equipped,andintendedforusebylargenumbers of people. For the purposes of this subsection, “equipped” means supplied with adequate sanitary facilities for the intended use. 2.15. Motel -- Every building constructed, designed, maintained, offered, or used to furnish lodging to automobile transient guests or the traveling public. The term motel includes auto courts, motor courts, auto lodges, motor lodges, tourist cabins, tourist cottages, and tourist courts. 2.16. Nuisance -- An annoyance or anything which causes injury, inconvenience, damage, or which essentially interferes with the enjoyment of life or property, and includes, but is not limited to, inadequate or unsanitary sewage, water, or plumbing facilities or other unsanitary conditions. 2.17. Occupant -- A person utilizing a specific facility governed by this rule. 2 64CSR18 2.18. Operator -- A person who has been granted a written permit, in accordance with this rule, to operate a facility governed by this rule. 2.19. Organized Camp -- Any area, place, parcel, or tract of land on which facilities are established or maintained to provide an outdoor group living experience for children or adults, or where one or more permanent or semi-permanent structures are established or maintained as living or sleeping quarters for childrenoradults,andoperatedforeducational,social,recreational,religiousinstructionoractivity,physical education or health, or vacation purposes either gratuitously or for compensation a fee. This definition shall not be construed to include a hunting, fishing, or other camp privately owned and used exclusively for the personal pleasure of the owner. 2.20. Permit -- Awrittendocumentissuedbythehealthofficergivingapersonpermissiontooperate a specific facility governed by this rule. 2.21. Person -- An individual, partnership, association, syndicate, company, firm, trust, corporation, institution, department, division, bureau, agency, or any entity recognized by law. 2.22. Primitive Camping -- Campsites provide for temporary use by persons seeking a very basic outdoorexperience,withoutamenitiestypicallyfoundinacampground.Campingsitesforprimitivecamping are not provided with water under pressure or electrical service. 2.23. Public Restroom -- A structure housing toilet, lavatory, or other such facilities intended for the unrestricted use by the public. 2.24. Recreational Facilities -- Include, but are not limited to, campgrounds, parks, playgrounds, organized camps, fairs, festivals, and mass gatherings. 2.25. School -- A public or private organization that provides instruction for the teaching of children. The term includes early childhood / primary education centers, middle childhood / junior high education centers, adolescent / high school education centers, and vocational education centers. The term does not includechildcarecentersasdefinedintheBureauforPublicHealthrule,ChildCareCenters,64CSR21.The termalsodoesnotincludelearningpodsormicro-schools,whichareexemptfromregulationpursuanttoW. Va. Code §18-8-1(n)(8). Schools include public or private correctional facilities, colleges and universities, and primary and secondary educational facilities (pre-K through grade twelve 12). 2.26. Service Animal -- Any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. 2.27. Sewer Connection -- The connection consisting of all pipes, fittings, and appurtenances from the waste drain outlet of a facility to the inlet pipe of the corresponding sewer riser pipe of the sewer system serving a specific facility governed by this rule. 2.28. SewerSystem -- Asystem,whetherpubliclyorprivatelyowned,whichreceivesandtreatssewage andprovidesforthedisposalofeffluentandsludgefromthesystem.Includedinthisdefinitionareindividual sewer systems and public sewer systems. 2.29. Waste Disposal Station -- A facility used for disposing of excreta or sewage from a camping unit waste holding tank. 2.30. Wastewater -- Water containing human, animal, or domestic waste. 3 64CSR18 2.31. Water Connection -- The connection consisting of all pipes, fittings, and appurtenances from the water connection inlet of a facility to the outlet pipe of the corresponding water riser pipe of the water distribution system serving a specific facility governed by this rule. 2.32. Water Supply System -- A system of pipes, appurtenances, and equipment for the collection, treatment, storage, or distribution of water. §64-18-3. Plan Review, Permits, Hearings, Notices and Orders. 3.1. Plan Review 3.1.a. 3.1.1. Except as provided in paragraph 3.1.a.1 3.1.1.a. of this section, whenever a facility governed under the scope of this rule is constructed or extensively remodeled and whenever an existing structure is converted to use as one of the facilities governed under this rule, the owner or operator shall submitplansandspecificationsfortheconstruction,remodeling,orconversiontothehealthofficerforreview and approval at least forty-five (45) days before construction, remodeling, or conversion is begun. 3.1.a.1. 3.1.1.a. This section does not apply to colleges and universities or to public restrooms unless the public restroom is included as part of a facility governed under this rule. 3.1.a.2.3.1.1.b. Oncecompletedplansarereceivedbythehealthofficer,thehealthofficershall review the plans within a period of time not to exceed forty-five (45) days. 3.2. Permit to Operate 3.2.a. 3.2.1. Except as provided in paragraph 3.2.a.1 3.2.1.a. of this subdivision, no person shall operateafacilitygovernedbythisrulewhodoesnotpossess avalidpermitissued tohimorherbythehealth officer. 3.2.a.1.3.2.1.a. Thisprovisionshallnotapplytocollegesanduniversitiesortotheoperationofa public restroom unless it is included as part of a facility governed under this rule. 3.2.b. 3.2.2. The applicant shall submit a written application for a permit to operate a facility governed by this rule to the health officer on a form prescribed by the health officer and signed by the applicant or his or her authorized representative. 3.2.c.3.2.3. Theapplicantshallsubmittothehealthofficeranapplicationforapermitatleastfifteen (15) days before the actual or proposed operation of the facility is to be effected. 3.2.d. 3.2.4. Prior to approving the application for a permit, the health officer shall inspect the proposed facility to determine compliance with this rule. Only persons who comply with the applicable provisions of this rule are entitled to a permit. 3.2.e.3.2.5. Facilitiesgovernedbythisrule,inoperationatthetimethisrulebecomeseffective,and meeting all applicable prior rules are eligible for a permit to operate, provided that the facility shall meet the applicableoperationalrequirementsofthisrule,and,providedfurther,thatanyconstructiontakingplaceafter the effective date of this rule shall be in compliance with this rule and other applicable design standards and rules. 4 64CSR18 3.2.f. 3.2.6. Permits are not transferable or assignable and automatically become invalid upon a change of ownership of the facility or upon suspension or revocation of the permit. 3.2.g. 3.2.7. A permit to operate expires at midnight on the 30th day of June following the date of issuance. 3.2.h.3.2.8. Theapplicantshallsubmittothehealthofficeranapplicationfortherenewalofapermit at least fifteen (15) days prior to the expiration date of the existing permit. 3.2.i. 3.2.9. In the event of an intended change or an actual change in ownership of a facility, an applicant shall submit an application for a permit to operate to the health officer at least 15 days before the proposed or actual change is affected. 3.2.j. 3.2.10. The health officer may suspend or revoke a permit if he or she finds that the facility is being maintained or operated in violation of this rule. 3.2.k. 3.2.11. The health officer may revoke a permit to operate for repeated or serious violations of anyoftherequirementsofthisruleorforinterference withthehealthofficerintheperformanceofhisorher duties. 3.2.l.3.2.12. Thehealthofficershallnotreinstateapermittooperateuntilheorshedeterminesbyan inspectionthatthefacilityisincompliancewithallapplicableprovisionsofthisruleandanyorders,rules,or instructions issued by the health officer. 3.2.m. 3.2.13. The operator shall post the operational permit in a conspicuous place within the facility, and the permit shall be readily available to the health officer. 3.3. Hearings, Notices, and Orders. 3.3.a. 3.3.1. Whenever the health officer makes an inspection of a facility and discovers that any of theprovisionsofthisrulehavebeenviolated,heorsheshallnotifytheoperatoroftheviolationsbymeansof an inspection report form or other written notice. The operator shall correct the violations within the time specified in the notice. 3.3.b. 3.3.2. Whenever the health officer finds that any facility governed by this rule constitutes an imminent hazard to public health, he or she may, without notice or hearing, issue a written order to the operator or person in charge citing the existence of the condition and requiring action to be taken to remedy thecondition,includingthesuspensionofthepermittooperate. Notwithstandinganyotherprovisionofthis rule, the order is effective immediately. 3.3.b.1. 3.3.2.a. Any person to whom the order is directed shall comply with the order immediately, but upon written petition to the health officer, shall be afforded a hearing on the matter as set forth in subdivision 3.3.c. 3.3.3. of this rule. 3.3.c.3.3.3. Anypersonwhoseapplicationforapermittooperateafacilitygovernedbythisrulehas been denied, or whose permit has been suspended or revoked, may submit a written petition to the health officer requesting a hearing on the matter. The health officer shall grant a hearing on the matter within ten (10) days after he or she has received the written petition. 5 64CSR18 3.3.d. 3.3.4. The filing of a petition for a hearing on a permit denial, suspension, or revocation shall not stay or suspend the execution of the notice or order resulting in the permit denial, suspension, or revocation. §64-18-4. Inspections. 4.1. Exceptasspecifiedinsubdivisions4.1.a4.1.1.and4.1.b4.1.2.ofthissection,thehealthofficershall inspect a facility governed by this rule at least once a year. 4.1.a.4.1.1. Collegesanduniversitiesandpublicrestroomswhicharenotpartofafacilitygoverned by this rule may be inspected on a complaint basis only. 4.1.b. 4.1.2. Schools shall be inspected at least once every two years. 4.2. The health officer shall make additional inspections as necessary to determine satisfactory compliance with the provisions of this rule or any orders, notices, instructions, or specifications issued pursuant to this rule. 4.3. The health officer shall discuss the inspection report with the person in charge at the time of inspection. §64-18-5. Animals. 5.1. A facility falling within the scope of this rule may keep or house domestic animals or pets under conditions conducive to proper sanitation and good health. 5.2. Nolivereptilesshallbekeptorhousedunlessawrittenplanisprovidedandimplementedforproper sanitary handling and hand washing. 5.3. No wild, dangerous, or obviously ill animals are to be kept or fed in an area that would endanger inhabitants or patrons of the facility. 5.4. No dogs, cats, or other domestic animals shall be permitted to run at large. 5.5. If the facility has dogs or cats, they must be immunized by a licensed veterinarian for any disease which can be transmitted to humans and for which there is a vaccine. 5.6. Animalquartersshallbekeptinacleanconditionatall timesandlocatedandmaintainedsoasnotto create a nuisance. 5.7. All manure shall be removed and sanitarily disposed of at a frequency necessary to minimize objectionable odors or insect and rodent breeding. 5.8. Drainage from stables, pens, coops, or other animal quarters shall be disposed of in a manner to prevent contamination of any source of potable water, groundwater, or surface water. 5.9. The maximum number of animals in any facility shall be limited to the number that can be adequately housed, fed, and maintained. 6 64CSR18 5.10. Live animals, including birds and turtles, shall be excluded from food preparation, storage, and serving areas and in in-use dining areas. This exclusion does not apply to edible fish, crustacea, shellfish, or to fish in aquariums. 5.10.a. 5.10.1. Service animals may be permitted in dining areas. §64-18-6. Bedding and Sleeping Areas. 6.1. All rooms or areas used for bedding and sleeping shall be kept clean and sanitary, maintained in a safe condition, and in good repair. 6.2. Floors in sleeping quarters shall be easily cleanable, in good repair, and located to prevent ground and surface water entry. 6.3. Tentsusedaspermanentsleepingquartersshallbeplacedonplatformsorfloorselevatedatleastone foot above the ground surface. Concrete pads may be used in lieu of platforms on floors. 6.4. Singleoccupancysleepingareasshallcontainaminimumofseventy(70)squarefeetoffloorspace per person. 6.5. In multiple occupancy rooms or areas used for a combination of eating, sleeping, or cooking, a minimum of fifty (50) square feet of floor space is required per occupant. 6.5.a. 6.5.1. Any state prison, correctional facility, work release center, or other facility for the housingofcriminaloffendersordetaineesgovernedbythissectionfacility,underthejurisdictionoftheWest Virginia Division of Corrections and Rehabilitation, which houses adults or juveniles, upon any inspection required by this rule, the facility may request an exemption from this subsection regarding square footage if the following conditions are met: 6.5.a.1. 6.5.1.a. There is a conflict between the minimum square footage requirements of this subsection and the minimum square footage requirements established by the current applicable standards of the American Correctional Association (the “Standards”); and 6.5.a.2.6.5.1.b. ThefacilitydesiringtheexemptionprovidestheBureauforPublicHealthwitha copy of the ACA Standards at the same time that it submits a written request for an exemption. 6.5.b. 6.5.2. Upon satisfaction of the provisions of 6.5.a 6.5.2., of this subsection, the bureau may granttherequestforexemption,inwhichcasethesquarefootagerequirementsoftheAmericanCorrectional AssociationStandardsshallgovern.Inallotherrespects,therequirementsofthisruleapplytothesefacilities or institutions. 6.6. Except for tents, no sleeping area shall have a ceiling height of less than seven (7) feet measured from the floor. 6.7. Sleepingareasshallbedesignedtoprovideaminimumofthreefeetbetweenbeds,bothlaterallyand end to end. Beds shall be placed so that the heads of sleepers are at least six feet apart. These spacing requirements for beds do not apply to hotels, motels, or bed and breakfast inns. 7 64CSR18 6.8. Whendouble-deckerbedsareused,thereshallnotbelessthantwenty-seven(27)inchesbetweenthe lowermattressandthebottomoftheupperbedandnotlessthantwenty-seven(27)inchesbetweentheceiling and the top mattress of the upper bed. 6.9. Triple decker beds are prohibited. 6.10. Abedandbeddingshallbeprovidedforeachperson,exceptfororganizedcamps,campingunitsor other lodging where renters agree to provide their own bedding. 6.11. If applicable, mats or cots used for short term napping shall be spaced two feet apart on all sides. 6.12. All articles of bedding and furniture shall be kept clean and in good repair. 6.13. All fabric mattresses shall be provided with mattress pads or mattress covers. 6.14. Linens shall be provided except in those facilities where the user is normally required to bring his or her own linens. 6.15. Linen, if provided, shall be changed at least once weekly, or more often if needed, and clean linen provided. 6.16. A clean set of linen shall be provided for each succeeding occupant. 6.17. Storage area or areas shall be provided for the storage of excess clothing, luggage, or similar articles. 6.18. Sleepingareasinprimitiveoroutpostcampingorsimilarrecreationalactivitiesareexemptfromthe requirements of this section. §64-18-7. Communicable Disease. 7.1. Good hygienic practices and disease control measures shall be employed to prevent the spread of communicable disease. 7.2. No staff member while affected with any disease in a communicable form, or while a carrier of a communicable disease, or while affected with boils, infected wounds, sores, or a respiratory infection shall work in any capacity in which there is likelihood of the staff member transmitting disease to other persons. 7.3. All staff members in care facilities, correctional facilities, schools, and similar facilities where a close staff/client relationship exists shall: 7.3.a. 7.3.1. Wear clean outer garments and maintain a high degree of personal cleanliness; 7.3.b. 7.3.2. Conform to good hygienic practices while on duty; 7.3.c. 7.3.3. Thoroughly wash hands and the exposed portions of arms with soap and warm water before starting work, during work as often as necessary to keep them clean, and after smoking, eating, drinking, or using the toilet; and 8 64CSR18 7.3.d. 7.3.4. Not use tobacco in any form while performing duties. If not prohibited by law, the health officer may designate specific areas for tobacco use when the staff member is not engaged in the performance of his or her duties. 7.4. The operator shall maintain a register containing a record of all occupants. 7.4.a.7.4.1. Theregistershallbeavailabletothehealthofficerandshallbepreservedforaminimum of twelve (12) months. 7.4.b. 7.4.2. The register shall contain the name and address of the occupants and the dates of occupancy. 7.4.c. 7.4.3. A register need not be maintained for mass gatherings, parks, playgrounds, and public restrooms. §64-18-8. Garbage and Refuse. 8.1. Storage,handling, collection, transportation, anddisposal of garbage and refuse shall be conducted to prevent odor, insect, rodent, and other nuisance conditions. 8.2. All garbage and refuse shall be stored in approved water tight, vermin proof, and easily cleanable containers. There shall be a sufficient number of containers to hold all the garbage and refuse that accumulates. 8.3. Garbage and refuse containers shall be kept clean. 8.4. Whennotincontinuoususe,garbageandrefusecontainersshallbecoveredatalltimesexceptthose containers used only for non-putrescible and non-infectious wastes. 8.5. Excluding mass gatherings, garbage and refuse containers, enclosures, dumpsters, and compactor systems located outside shall be stored elevated or on metal racks or on a smooth surface of non-absorbent material such as concrete or asphalt that is kept clean and maintained in good repair. 8.6. Outsidestorage areas or enclosures shall be large enough to store the garbage and refuse containers that accumulate and shall be kept clean. 8.7. Garbage and refuse storage rooms and outside enclosures, if used, shall be constructed of easily cleanable, non-absorbent, washable materials, shall be kept clean, shall be insect and rodent proof, and shall be large enough to store the garbage and refuse containers that accumulate. 8.8. Garbage and refuse containers shall be readily accessible for use and servicing. 8.9. Ifgarbageandrefusecontainercleaningoperationsareconductedoutside,thenafrostproofhosebib and sanitary waste drain shall be provided. 8.10. Disposal of garbage and refuse shall be in compliance with the applicable laws. §64-18-9. Heating and Ventilation. 9 64CSR18 9.1. Every indoor space intended for human occupancy shall be ventilated by natural or mechanical means. The minimum amount of outdoor air shall be five (5) cubic feet per minute per person. 9.2. Allroomsshallhavesufficientventilationtokeepthemfreeofexcessiveheat,steam,condensation, vapors, obnoxious odors, smoke, and fumes. 9.3. Ventilationsystems,whenventedtotheoutside,shallnotcreate anuisanceorpublichealthhazard. 9.4. Heating, ventilation, and air-conditioning systems shall be in compliance with the requirements of the State Building Code, 87CSR04. 9.5. Intakeandexhaustairductsshallbelocatedandmaintainedtopreventtheentranceofdust,dirt,and other contaminating materials. 9.6. For mechanical ventilation, Indoor design temperature shall be sixty-eight (68) degrees Fahrenheit for heating and seventy-eight (78) degrees Fahrenheit for cooling. 9.7. If operated during the normal heating season, the facility shall be equipped with approved heating units sufficient to provide and maintain a temperature of sixty-eight (68) degrees Fahrenheit or greater in routinely occupied indoor areas unless the facility is intended or designed for low temperature operation. 9.8. Oil and gas fired heating devices shall be properly vented to the outside air or otherwise in compliance with the State Building Code, 87CSR04. 9.9. Clothesdryerventsystemsshallbeindependentofallothersystemsandshallconveytheproductsof combustion and moisture to the outside. §64-18-10. Housekeeping and Maintenance. 10.1. The entire premises and its contents shall be maintained in good repair and in a clean and sanitary condition. Facilities and equipment shall be provided for this purpose. 10.2. Cleaning and sanitizing shall be conducted at a frequency necessary to maintain an environment conducive to the general safety, health, and comfort of the users. 10.3. A written plan providing for a regular schedule of housekeeping tasks shall be provided and implemented for institutions, schools, care facilities, lodging facilities, and organized camps. §64-18-11. Laundry. 11.1. Laundry,ifdoneonthepremises,shallbedoneinaseparatearea,room,orroomsdesignedforthat particular purpose. 11.2. Soiled laundry shall be stored in non-absorbent, easily cleanable, covered containers or covered laundry bags intended for laundry storage. 11.3. Clean laundry shall be stored in such a manner so as not to become soiled or contaminated. 11.4. Soiledandcleanlaundryshallbehandled,stored,processed,andtransportedinsuchamannerasto prevent the spread of infection. 10 64CSR18 11.5. Laundry rooms and equipment shall be maintained in a clean and sanitary condition. 11.6. Chemicalsandmaterialsusedinlaundryoperationsshallbelabeled,stored,handled,andusedsoas to provide maximum cleaning and disinfecting efficiency and prevent injury to the user. 11.7. Alllaunderedarticlesshallbewashedatatemperaturewhichgivesthebestperformanceinrelation tothetypesofsoil,levelofsoil,fabrictypes,andchemicalsused.Manufacturers’instructionsregardingtime, temperature, mechanical agitation, and chemical action should be followed in the washing process. 11.8. All laundered articles shall be rinsed to remove the cleaning agent. 11.9. Afterwashingandrinsing,launderedarticlesmustbeeitherrinsedinachemicalsanitizingsolution and air dried, or mechanically dried. 11.10. An individual launderinghis or her own personal belongings is exempt from the requirements of subsections 11.7, 11.8, and 11.9 of this section provided that the handling, storage, processing, and transporting of the individual's laundry does not contaminate surrounding areas or other laundry. 11.11. Laundry facilities shall be made available on a regular basis to occupants of labor camps. §64-18-12. Lighting. 12.1. Lightinglevelsshallbecommensuratewiththetypeofactivityoccurringwithinthearea.Lighting designs that are calculated in lumens must meet the requirements for foot candles on surfaces described in subsection 12.2. 12.2. Lightsourcesshallbeinstalledoravailabletoprovidethefollowingminimumfootcandlesoflight: 12.2.a. 12.2.1. Twenty (20) foot candles of light shall be provided in critical cleaning areas, including, but not limited to, food preparation areas, utensil washing areas, toilet and bathing facilities, and laundry areas. Dining areas shall not be considered critical cleaning areas; 12.2.b. 12.2.2. Ten (10) foot candles of light shall be provided in normal cleaning areas, including, but not limited to, corridors, lobbies, janitor’s closets, storage areas, and lodging quarters; 12.2.c. 12.2.3. One hundred (100) foot candles of light shall be provided in hazardous work areas, including, but not limited to, workshops and school laboratories; and 12.2.d. 12.2.4. Forty (40) foot candles of light shall be provided in reading and activity areas, including, but not limited to, classrooms, day rooms, play rooms, and meeting rooms. 12.3. Lighting may be by either natural or artificial means, or both. 12.4. All light bulbs and fluorescent tubes shall be protected by effective shields or the use of shatterproof bulbs over food preparation areas, showers, gymnasiums, and any other area where safety is a concern. These areas include the classrooms in primary and secondary schools. 12.5. Tamperprooflightfixturesshallbeprovidedinareaswhereasafetyhazardmayexisttotheuseror where abuse is likely. 11 64CSR18 12.6. Primitive camping areas are exempt from the requirements of this section. §64-18-13. Noise. 13.1. All facilities falling under the scope of this rule and constructed after the effective date of this rule shall incorporate reasonable acoustic planning into the facility design and site selection. 13.2. Acoustic planning for the construction of a facility shall take into consideration the effects of exposure to noise on the physical health, mental health, and comfort of the facility user within the context of the intended use of the facility. 13.3. Thecommissionermaydevelop,throughinterpretiverule,rangesofdesigngoalsforambientsound levelsinfacilitiescoveredunderthisruleandrequireestimatedambientsoundlevelsindecibelstobeshown in plans submitted for review. §64-18-14. Plumbing. 14.1. IntheabsenceofapplicableBureauforPublicHealthrulesanddesignstandards,watersupplyand wastewater systems and fixtures shall comply with the requirements of the State Building Code, 87CSR04. 14.2. Any plumbing or drainage system under the jurisdiction of this rule shall be maintained in good repair and in a sanitary and serviceable condition by the owner or his agent. 14.3. Plumbing fixtures shall be installed in a manner to afford easy access for cleaning and shall not be located insuch a manner as tointerfere with the useor the normal operation of doors, windows, or other exit openings. 14.3.a. 14.3.1. Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the floors, walls, and ceilings. 14.3.b. 14.3.2. Utility service lines and pipes shall not be unnecessarily exposed on floors, walls, or ceilings. 14.4. Drainage system vent terminals shall extend to the outer air and be installed to minimize the possibilities of clogging and the return of foul air into the building or into adjoining structures. 14.5. Plumbingfixturesdirectlyconnectedtoadrainagesystemshallbeequippedwithawater-sealtrap. 14.6. Plumbing fixtures shall have a smooth impervious surface and be constructed of materials especially suited to the use for which the fixture is intended. 14.7. A service or utility sink is required in all establishments where wet cleaning methods are used. 14.8. Plumbing fixtures shall be of appropriate design so that when installed and maintained back- siphonage, backflow, and cross connection potentials are eliminated. §64-18-15. Safety. 12 64CSR18 15.1. Allpremisesandfacilitiesavailabletopublicpatronage,employment,confinement,oruseshallbe designed, maintained, and operated to minimize safety hazards and promote an accident-free environment. 15.2. Adequate protection against all electrical hazards shall be provided. 15.3. The design, installation, and maintenance of the facility shall comply with applicable State Fire Marshal’s rules. 15.4. Thedesign,maintenance,andarrangementoffacilities,includinglighting,shallminimizehazards of falls, slipping, and tripping. 15.5. A fence or barrier shall be provided around any outdoor playground or activity area located in an areawheresafetymaybeaconcernandwhichisusedbychildrenorpersonsnotcapableofself-preservation. 15.6. Except for parks, playgrounds, and public restrooms, a first aid kit shall be provided. §64-18-16. Sewage. 16.1. SewageandliquidwastedisposalsystemsshallcomplyinfullwiththeBureauforPublicHealth’s rule, Sewer Systems, Sewage Treatment Systems, and Sewage Tank Cleaners, 64CSR9. 16.2. Sewageandliquidwastedisposalsystemsshallbekeptingoodrepairandproperlymaintainedand operated. 16.3. Liquid waste shall not be deposited on the ground in a manner that may create a nuisance. 16.4. Adequate access for approved cleaning vehicles and operations shall be provided to all self- contained privies and portable excreta disposal units. §64-18-17. Size, and Space. 17.1. Incampgrounds,one thousandtwo hundred (1200) square feet of space shall be providedfor each campsite. The average campground density shall not exceed twenty-five (25) campsites per acre. 17.2. In campgrounds, camping units, including canopies and similar appurtenances, shall be separated from other camping units on adjacent campsites and all campground buildings and structures by a minimum distance of ten (10) feet. 17.3. There shall be at least ten (10) feet of space between a camping unit and any campground street, commonparkingarea,orothercommonuseareas andatleasttwenty(20)feetbetweena campingunitanda public road. 17.4. Campgroundareasusedexclusivelyforbackpacktypeofcampingareexemptedfromsubsections 17.2 and 17.3 of this section provided the use of these areas will not adversely affect public health. 17.5. Foroutdoormassgatherings,atleasttwenty(20)squarefeetperpersonshallbeprovidedatthesite for day time assemblage, and at least forty (40) square feet per person shall be provided for overnight assemblage, exclusive of parking areas. 13 64CSR18 17.6. For mass gatherings, adequate parking space shall be provided for every four (4) persons with the density not to exceed one hundred (100) passenger cars or thirty (30) buses per usable acre. 17.7. School classrooms shall provide a minimum of twenty-eight (28) square feet of space per student. 17.8. Bedding and sleeping areas shall be sized according to section 6 of this rule. §64-18-18. Storage. 18.1. Appropriatestoragefacilitiesofcleanableconstructionshallbeprovidedfor,butnotlimitedto,the followingitems: food,utensils,toys,workmaterials,cleaningsupplies,clothing,linens,medicines,andtoxic materials. 18.2. All storage facilities shall be maintained in a neat, orderly, and clean condition. 18.3. Onlythosearticlesnecessaryfortheoperationandmaintenanceofthefacilityshallbestoredonthe premises. 18.4. Allitemsintendedforhumanconsumptionorhumancontactshallbeprotectedfromcontamination during storage. 18.5. Poisonsandotherpotentiallyhazardousitemsshallbeproperlylabeledandstoredinlockedstorage spaces not used for anyother purpose. Keys for the storage spaces shall be available onlyto authorized staff members. §64-18-19. Structure, Materials, Construction, and Repair. 19.1. Everyfoundation,roof,andexteriorwall,door,skylight,andwindowshallbereasonablyweather- tight, watertight, and damp-free, and shall be kept in sound condition and good repair. 19.2. Floors, interior walls, and ceilings shall be sound and in good repair. 19.3. Materials, adhesives, and coverings used in interior areas shall be limited to a type that minimizes offensive or hazardous emissions to individuals who use or occupy the facility. 19.4. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment using nontoxic materials where accessible to children. 19.5. Theinteriorfinishoffloors,walls,andceilingsshallbeconstructedofmaterialswhicharesuitable for the intended use of the area and the frequency and type of cleaning methods necessary to maintain these finishes in a sanitary condition. 19.6. Floors, walls, and ceilings in toilet rooms, food preparation areas, bathing facilities, and similar areas shall be easily cleanable, non-absorbent, and capable of withstanding routine wet cleaning methods. Othertypesoffloorcoveringsmaybepermittedinareaswherenecessaryforsafetyreasons,providedtheydo not interfere with floor cleaning. 19.7. Accessory structures present or provided shall be structurally sound and be maintained in good repair or they shall be removed from the premises. 14 64CSR18 19.7.a.19.7.1. Theexteriorofaccessorystructuresshallbemadeweather-resistantthroughtheuseof decay-resistant materials or the use of paint or other preservatives. 19.8. Every foundation, roof, floor, exterior and interior wall, ceiling, inside and outside stair, every porch, and every appurtenance thereto, shall be safe to use and capable of supporting the loads that normal use may cause to be placed on them. §64-18-20. Surroundings. 20.1. All parts of property used in connection with the operation of the facility shall be kept neat, clean, adequatelydrained,freeoflitterandverminharborage,anddesigned,located,maintained,andoperatedsoas not to endanger the public health or to create a nuisance or safety hazard. §64-18-21. Toilet, Hand Washing, and Bathing Facilities. 21.1. Toilet, hand washing, and bathing facilities shall be provided in the number required in the State Building Code, 87CSR04. 21.1.a.21.1.1. Laborcampsandorganizedcampsshallprovideonewaterclosetandonelavatoryfor each every ten (10) occupants and one (1) bathtub or shower for each every eight (8) occupants, or fraction thereof. 21.1.b.21.1.2. Parksandplaygroundsshallprovideatleastone(1)waterclosetandonelavatoryfor each sex. 21.1.c. 21.1.3. Campground comfort stations, if provided, shall provide for each every twenty (20) campsitesorfractionthereofone(1)waterclosetformales,two(2)waterclosetsforfemales,one(1)lavatory for each sex, and one (1) bathtub or shower for each sex. 21.1.d. 21.1.4. In mass gatherings, a ratio of one (1) water closet for each every one hundred (100) persons shall be provided for the first one thousand (1000) persons, then an additional two (2) water closets per one thousand (1000) thereafter. When water under pressure is provided, one (1) lavatory for every two (2) water closets shall be provided. 21.1.e.21.1.5. Urinalsmaybesubstitutedforuptofifty50 percent(50%)oftherequirednumberof water closets. 21.2. Toilet, hand washing, and bathing facilities shall be designed, constructed, installed, maintained, and operated in a sanitary manner. 21.3. Rooms containing toilet facilities shall be vented to the outside air. Adequate ventilation or humidity control shall be provided as needed in shower rooms and other high humidity areas. 21.4. An adequate supply of toilet tissue shall be provided at each water closet. 21.5. All hand washing facilities shall be provided with hand cleansing soap or detergent, and sanitary towels, or a hand drying device providing heated air, adjacent to each hand washing sink. 15 64CSR18 21.5.a.21.5.1. Ifdisposabletowelsareused,easilycleanablewastereceptaclesshallbeconveniently located near the hand washing facilities. 21.6. If bathing facilities are provided, occupants shall be provided with soap and clean washcloths and towels. 21.6.a.21.6.1. Occupantsshallbeprovidedwithcleanwashclothsandtowelsatleastonceweeklyor more often if needed. 21.6.b.21.6.2. Washclothsandtowelsshallbefreshlylaunderedbeforebeingfurnishedtooccupants. 21.7. Common use towels are prohibited. 21.8. The supplies required under subsection 21.6 of this rule are not required to be provided in those facilities where the user is normally required to bring his or her own soap, washcloths, and towels. 21.9. Handwashingfacilities,whereprovided,shallbeinorimmediatelyadjacenttothetoiletfacilities. 21.10. Toilet,handwashing,andbathingfacilitiesshallmeettherequirementsofsection23ofthisrule. 21.11. Anyself-closingormeteringfaucetshallbedesignedtoprovideaflowofwaterforaminimumof fifteen 15 seconds without the need to reactivate the faucet. 21.12. Exceptforprivies,unlessproperlyconstructedprivacybarriersareprovided,toiletroomsshallbe completely enclosed and shall have tight-fitting doors which shall be closed except during cleaning or maintenance. 21.13. Privies shall meet the requirements of section 16 of this rule. 21.14. Toilet rooms used by women shall have at least one covered waste receptacle for the disposal of sanitary napkins or other similar products. 21.15. In facilities which are mainly used by children, toilet and hand washing fixtures shall be sized so that they may be used by children without assistance, or step stools that are properly constructed for safety and ease of cleaning shall be provided. 21.16. Ininstitutions,schools,andcarefacilities,adiaperchangingareashallbeestablishedandusedby staff members when they change the diapers and soiled underwear of individuals under their care. The changing area shall not be located in food preparation areas. 21.16.a. 21.16.1. Hand washing facilities shall be readily accessible to the diaper changing area. 21.16.b. 21.16.2. Diaper changing shall be done on a clean, safe, impervious, nonabsorbent surface which is used for no other purpose. 21.16.c. 21.16.3. The individual’s perineal (urinary and anal) area shall be cleaned with disposable wipes. 16 64CSR18 21.16.d. 21.16.4. After a staff member removes an individual’s soiled diaper or soiled underwear, and before the staff member puts a fresh diaper on theindividual, the staff member shall wipe his or her own hands with a pre-moistened towelette or a damp paper towel. 21.16.e. 21.16.5. Both the individual’s and the staff member’s hands shall be thoroughly washed after each diaper change. If disposable gloves are used, they shall be discarded immediately and hands washed. 21.16.f. 21.16.6. Changing tables and surfaces shall be cleaned and disinfected after each use by cleaning to remove visible soil, followed by wiping with an approved disinfectant solution, whether or not disposable, nonabsorbent paper is used. If disposable paper is used, it shall be discarded immediately after each diapering. 21.16.g. 21.16.7. Soiled cloth diapers and underwear shall be stored in nonabsorbent, easily cleanable, covered containers with plastic liners. The containers shall be emptied, cleaned, and disinfected daily. 21.16.h.21.16.8. Soileddisposablediaperswillbestoredinconvenientlylocated,washable,plastic lined, tightly covered waste containers. Each container shall be labeled and kept clean and free of buildup of soil and odor. 21.16.i. 21.16.9. Toilet-training chairs, if used, shall be of easily cleanable construction, and after each use, shall be emptied into a toilet, and thoroughly cleaned and sanitized in a utility sink. 21.16.j. 21.16.10. Hand washing sinks shall not be used for rinsing soiled diapers or clothing, or for cleaning toilet-training equipment. §64-18-22. Vector Control. 22.1. Effectivemeasuresshallbeusedtominimizethepresenceofrodents,flies,cockroaches,andother insects and vermin on the premises. 22.2. The premises shall be kept in such condition as to prevent the harborage or feeding of insects, rodents, and other vermin. 22.3. Applicable doors, windows, and other exterior openings shall be effectively protected against the entranceofrodents,insects,andothervermin. Theseareasinclude,butarenotlimitedto,foodserviceareas, toilet facilities, and housing areas. This requirement does not apply to primitive camping, outpost camping, or similar recreational activities. 22.4. Screening material shall not be less than sixteen (16) mesh to the inch. 22.5. Only those pesticides approved by the United States Environmental Protection Agency and the United States Department of Agriculture shall be used. 22.6. Poisonous or toxic materials shall not be used, stored, or disposed of in a way that constitutes a hazard to employees or other persons, nor in a way other than in compliance with the manufacturer's specifications. §64-18-23. Water Supply. 17 64CSR18 23.1. An approved, adequate, easily accessible, potable water supply shall be provided. This provision may be waived by the health officer for campgrounds, campsites, mass gatherings, and similar areas where compliance is impractical. 23.2. Watersuppliesshallbeinstalled,constructed,maintained,operated,andmonitoredincompliance with the Bureau for Public Health’s rules, Public Water Systems, 64CSR3; Water Well Regulations, 64CSR19, and Cross-Connection Control and Backflow Prevention, 64CSR15. 23.3. Hot and cold running water shall be supplied through a mixing valve or combination faucet in all areas where food is prepared, at all hand washing and bathing facilities, and all other applicable areas. This provisionmaybewaivedbythehealthofficerforcampgrounds,campsites,massgatherings,andsimilarareas where compliance is impractical. 23.3.a.23.3.1. Hotwatermeanswaterheatedtoshallbemaintainedatatemperatureofnotlessthan 110 degrees Fahrenheit. 23.3.b. 23.3.2. Steam-mixing valves are prohibited. 23.3.c. 23.3.3. Water temperatures for showers, bathing, or hand washing shall be thermostatically controlled to insure ensure the safety of users. 23.4. Drinking fountains, or bottle filling stations, if provided:, shall be constructed of impervious material;shallhaveanangle-jetnozzleprotectedbyanon-oxidizingmouthguardabovetheoverflowrimof the bowl; shall be equipped with a pressure regulating valve; and shall be maintained in a sanitary manner. 23.4.a.23.4.1. Drinkingfountain/lavatorycombinationswherethewaterfountainispartofthecold water faucet or is built into the sink’s basin are prohibited. 23.4.b. 23.4.2. Drinking fountains and/or bottle filling stations, if provided, shall be at the ratio required in the State Building Code, 87CSR04. 23.5. No dipping vessels or cups for common use are permitted. 23.6. 23.5. Drinking cups shall be dispensed from an approved sanitary single service dispenser. This requirement does not preclude the use of properly washed and sanitized glasses. 23.7.23.6. Whereportabledrinkingwatercontainersorcoolersareused,theyshallbeofeasilycleanable construction, securely closed, and constructed and arranged so that water can only be withdrawn from the container by a water tap or faucet. 23.7.a.23.6.1. Pitchers,waterjugs,orsimilarreceptacleswithoutwatertapsorfaucetsmaybeused if they are easily cleanable, of approved construction, and in good repair, and the water contained in them is protected against contamination. 23.7.b.23.6.2. Allportablewatercontainersshallbekeptclean,sanitizedbetweenuses,andproperly stored and handled. 23.8. 23.7. All ice intended for human consumption or for food storage shall be obtained from a source approvedbythehealthofficerandshallbemade,stored,transported,andhandledundersanitaryconditions. 18 64CSR18 23.8.a. 23.7.1. Ice intended for self-service shall be dispensed from automatic self-service ice dispensing equipment. 23.9.23.8. Thecommissionermaypermittheuseofpotablewatertransportedintankstosupplementthe existing water supply or as the sole source of water supply. 23.9.a.23.8.1. Transportedwatershallbefromanapprovedpublicwatersupplyandmaintainedwith at least one (1.0) mg per liter free chlorine residual or an equivalent strength of another disinfectant as approved by the health officer. 23.9.b. 23.8.2. Equipment and procedures used to transport and dispense potable water shall be approved by the health officer. §64-18-24. Penalty for Violating Provisions of Regulations. 24.1. Any person violating any violation of the provisions of this rule, or orders issued pursuant to this rule, is guilty of a misdemeanor offense punishable by a fine of notmore than two hundred dollars ($200) or byimprisonmentfornotmorethanthirty(30)days,orboth.Eachday’sfailuretocomplywithanyapplicable provision of this rule constitutes a separate offense. §64-18-25. Administrative Due Process. 25.1. Thosepersonsadverselyaffectedbytheenforcementofthisruledesiringacontestedcasehearing todetermineanyrights,duties,interests,orprivilegesshalldosoinathemannerprescribedintheBureaufor Public Health’s rule, Rules of Procedure for Contested Case Hearings and Declaratory Rulings, 64CSR1. 19