44:02:06:01.  Definitions. Words defined in SDCL 34-18-1 have the same meaning when used in this chapter. In addition, the terms used in this chapter mean:

          (1)  "Approved," acceptable to the Department of Health based on compliance with applicable standards and public health practices;

          (2)  "Bed and breakfast establishment," any building or buildings run by an operator that is used to provide accommodations for a charge to the public, with at most five rental units for up to an average of ten guests per night and in which family style meals are provided;

          (3)  "Communicable disease," as defined in § 44:20:01:01;

          (4)  "Community water system," a system that is regulated by the Department of Environment and Natural Resources that meets the definition requirements set forth in § 74:04:12:01;

          (5)  "Designated agent," a municipal, county, or district health department that has been organized under SDCL chapter 34-3 and SDCL 9-32-1 and has been designated as an agent of the secretary as provided in SDCL 34-18-7;

          (6)  "EPA-certified laboratory," a laboratory that meets the requirements outlined in chapter 74:04:07;

          (7)  RESERVED;

          (8)  "Guest," an occupant of a rental unit of a lodging establishment;

          (9)  "Guest room," any room used or intended to be used by a guest for sleeping purposes;

          (10)  "Health hazard," a chemical agent, source of filth, cause of sickness, or condition that is a health threat to others or a threat to the public health;

          (11)  "Inspection," an objective examination of a lodging establishment by the department to review the employee practices, sanitary conditions, and health standards in accordance with SDCL chapter 34-18 and this chapter;

          (12) "Operator," any person or organization designated in charge of the day to day operations of a lodging establishment, campground, or food service establishment as defined in SDCL 34-18-1;

          (13)  "Nontransient noncommunity public water system," a system that is regulated by the Department of Environment and Natural Resources that meets the definition requirements set forth in § 74:04:12:01;

          (14)  "Potentially hazardous food," a food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, whipped butter, or whipped margarine, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include foods which have a pH level of 4.6 or below or a water activity (A_w) value of 0.85 or less;

          (15)  "Primary exit," an exit with a side hinge door leading to the exterior of the structure that is most often used when entering or existing the structure;

          (16)  "Private water system," a water system that serves a campground, food service establishment, or lodging establishment that is not a public water system regulated by the Department of Environment and Natural Resources;

          (17)  "Public water system," a system that is regulated by the Department of Environment and Natural Resources that meets the definition requirements set forth in § 74:04:12:01;

          (18)  "Single action hardware," a latching mechanism that allows a door to unlock and open with a single turn or movement of the interior knob or lever. This includes door knobs, lever handles, and panic bars;

          (19)  "Transient noncommunity water system," a system that is regulated by the Department of Environment and Natural Resources that meets the definition requirements set forth in § 74:04:12:01.

          Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008; 36 SDR 31, effective August 18, 2009.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-22.1, 34-18-22.2, 34-18-24.

          44:02:06:02.  Employee health and disease control. A person while affected with any disease in a communicable form, while a carrier of such a disease, or while afflicted with boils, infected wounds, sores, or an acute respiratory infection may not work in any area of a bed and breakfast establishment in any capacity in which there is a likelihood of the person contaminating equipment with pathogenic organisms or transmitting disease to other individuals. If the owner or operator of the establishment has knowledge of any employee who has contracted a communicable disease as listed in §§ 44:20:01:03 and 44:20:01:04 or has become a carrier of such a disease, the owner or operator shall notify the department immediately.

          Source: 23 SDR 75, effective November 19, 1996.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-24.

          Cross-References: State Plumbing Code, art 20:54.

          44:02:06:04.  Water supply. The owner shall provide an accessible, adequate, and safe supply of water to each lodging facility. If a public water system of the quantity, quality, and pressure approved by the Department of Environment and Natural Resources is available, the owner shall provide that a connection is made to the system and the system's water supply is used exclusively. The owner of a private water system shall submit water samples quarterly to an EPA-certified laboratory for bacteriological analysis while the bed and breakfast establishment is in operation. The owner shall submit a nitrate test of the water supply system yearly. The owner of a private water system shall report any unsafe water sample to the department within three days. If an unsafe drinking water sample is reported, the facility shall provide two consecutive safe water samples prior to allowing the public to use the private water supply. The water supply shall be of sufficient quantity to meet the maximum daily demand.

          Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008; 36 SDR 31, effective August 18, 2009.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-24.

          Cross-Reference: Water hygiene, art 74.04.

          44:02:06:05.  Ice. Ice must be manufactured, stored, transported, and handled in a sanitary manner. Processes and controls must be designed and monitored to ensure that neither the product nor the product area is subject to contamination. Ice must be dispensed with scoops, tongs, or other ice-dispensing utensils or through automatic self-service ice-dispensing equipment. Ice-dispensing utensils must be stored on a clean surface or in the ice with the dispensing handle extending out of the ice. Scooping of ice with a cup, glass, or similar container is prohibited. Ice storage bins must be drained through an air gap. Automatic self-service ice-dispensing equipment must be used when accessible to the public. Bagged ice from an approved source is acceptable.

          Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-24.

          Cross-References:

          Food Service Code, ch 44:02:07.

          State Plumbing Code, art 20:54.

          Water hygiene, art 74:04.

          44:02:06:06.  Toilet and bathing facilities. Soap, toilet tissue, and clean washcloths and towels must be provided for each guest or guest room. Hot and cold running water under pressure must be provided to each lavatory, shower, bathtub, and bathtub and shower combination. The hot water must be at a minimum of 110 degrees Fahrenheit and at a maximum temperature of 120 degrees Fahrenheit at the tap. Each shower, bathtub, and bathtub and shower combination shall be provided with individual control valves of the pressure balance, thermostatic, or combination pressure balance and thermostatic mixing valve type that provide scald and thermal shock protection. Bathing or shower facilities must have a nonslip floor surface such as a manufactured nonslip bathtub or shower unit, a rubberized throw mat, or adhesive-backed nonslip strips. All toilets, lavatories, and bathing fixtures must be kept clean, sanitary, and in good repair. Restroom fixtures must be cleaned and sanitized between guest stays.

          Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-24.

          Cross-References: State Plumbing Code, art 20:54.

          44:02:06:08.  Vermin control. Bed and breakfast establishments must be constructed, equipped, and maintained to prevent the entrance, harborage, or breeding of flies, roaches, rats, mice, and all other insects and vermin. Specific means necessary for the elimination of such pests, such as cleaning, renovation, or fumigation, must be used. The department may require the facility to hire a professional exterminator to exterminate pests under the following conditions:

          (1)  The infestation is so extensive that it is unlikely a nonprofessional can eradicate the pests effectively;

          (2)  The chosen method of extermination can only be carried out by a licensed professional exterminator; or

          (3)  The department finds evidence that an infestation is still present and the establishment has not taken proper steps to eliminate the vermin problem.

          Regularly scheduled professional extermination services shall be required following the determination of an excessive pest infestation by the department.

          Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-24.

          44:02:06:09.  Lighting. All rooms and areas used by guests and all other rooms or spaces in which lighting is essential to the efficiency and safety of the business operation must be well lighted. A minimum of 10 foot candles of nonglare light must be provided on all surfaces. Those areas used for reading, shaving, or application of cosmetics must be provided with a minimum of 30 foot candles of light.

          Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-24.

          44:02:06:10.  Ventilation. Bathrooms and toilet rooms must be provided with either natural or mechanical ventilation connected directly to the outside. Mechanical clothes dryers must be vented to the outside air. When vented to the outside air, the discharge may not create a health hazard.

          Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-24.

          Cross-Reference: 2006 International Building Code, ch 12, sec 1203.

          44:02:06:11.  Heating equipment. Each facility shall have a heating system capable of maintaining a temperature between 65 degrees Fahrenheit and 75 degrees Fahrenheit. Any heating equipment, if fuel-burning, shall be inspected at least once a year by a person in the business of heating system maintenance (which includes hot water heaters, primary heating sources, and secondary heating sources). A written verification of the inspection must be kept on file in the facility with the date of inspection, a written statement by the person making the inspection, and that person's signature.

          Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-24.

          Cross-Reference: 2006 International Building Code, ch 12, sec 1204.

          44:02:06:13.  Housekeeping. All parts of the bed and breakfast establishment and its premises must be kept neat, clean, in good repair, and free from litter and rubbish. Housekeeping operations and conditions may not constitute a health hazard. Cleaning operations must be conducted in a manner which minimizes contamination of facilities. A sanitizer or disinfectant or both must be used on all contact surfaces to prevent the spread of disease. All cleaners, sanitizers, and disinfectants must comply with 40 C.F.R. § 180.940, June 23, 2004. Cleaning equipment, supplies insecticides, paints, and other toxic or hazardous products must be stored in a manner to minimize health risks. An ingredient label and "direction for use" label on each chemical being used must be readily available for reference or inspection. All containers used for dispensing these chemicals must be prominently and distinctively labeled for identification of contents. The use of carpeting in toilet rooms and bathing facilities is prohibited.

          Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-24.

          44:02:06:15.  Water recreation facilities. All water recreation facilities, including swimming pools, spas, and water slides operated by a bed and breakfast establishment and used by guests or the public, must be designed, constructed, and maintained using the "Recommended Standards for Swimming Pool Design and Operation," 1996 edition.

          The owner or operator of a swimming pool, spa, or other water recreational facility shall collect and submit at least one water sample monthly while in operation for each swimming pool, spa, or other water recreational facility under the owner's or operator's control to an EPA-certified laboratory for bacteriological analysis. The owner or operator shall report any unsafe water sample test results to the department within three days after receipt of such test results. Upon the receipt of a positive water sample the owner or operator of the facility shall submit two consecutive negative samples to the department to confirm treatment procedures have eliminated the contamination. If a resample test is positive, the facility shall close the affected water recreational facility and submit two consecutive negative samples prior to allowing guest use of affected water recreational facility. A colorimetric test kit is required for the monitoring and adjusting of disinfectant levels and pH in a swimming pool, spa, or other water recreational facilities. A weekly log of disinfectant levels and pH must be maintained by the owner or operator of the facility.

          Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008; 36 SDR 96, effective December 8, 2009.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-24.

          Reference: "Recommended Standards for Swimming Pool Design and Operation," 1996 edition, Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers. Copies are available at no cost from the Office of Health Protection, South Dakota Health Department, 615 East 4^th Street, Pierre, SD 57501.

          44:02:06:17.  Potentially hazardous foods. Potentially hazardous foods requiring cooking must be cooked to heat all parts of the food to a temperature of at least 135 degrees Fahrenheit. The food must be held at that temperature until it is served or it must be immediately refrigerated and held at 41 degrees Fahrenheit or below, with the exception of the following:

          (1)  Poultry, poultry stuffings, stuffed meats, and stuffings containing meat must be cooked to heat all parts of the food to at least 165 degrees Fahrenheit with no interruptions in the cooking process;

          (2)  Pork and any food containing pork must be cooked to heat all parts of the food to at least 145 degrees Fahrenheit;

          (3)  Roast beef must be prepared by a cooking procedure that produces a minimum temperature of 130 degrees Fahrenheit in all parts for a minimum of two hours of each roast unless otherwise ordered by the immediate consumer;

          (4)  All ground meats must be cooked to heat all parts of the food to at least 155 degrees Fahrenheit.

          Noncorrosive metal stem-type numerically scaled indicating thermometers accurate to ±3 degrees Fahrenheit must be provided and used to assure the attainment and maintenance of proper internal cooking, holding, or refrigeration temperatures of all potentially hazardous foods.

          Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-25.

          44:02:06:18.  Thawing potentially hazardous foods. Potentially hazardous foods must be thawed in the following manner:

          (1)  In refrigerated units at a temperature not over 41 degrees Fahrenheit;

          (2)  Under potable running water of a temperature of 70 degrees Fahrenheit or below, with sufficient water velocity to agitate and float off loose food particles into the overflow;

          (3)  In a microwave oven only when the food will be immediately transferred to conventional cooking facilities as part of a continuous cooking process or when the entire, uninterrupted cooking process takes place in the microwave oven; or

          (4)  As part of the conventional cooking process.

          Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-25.

          44:02:06:19.  Food protection. While being stored, prepared, displayed, served, or transported, food must be protected from potential contamination. All food service operations must be carried out in a sanitary manner. Glasses, pitchers, ice buckets, and other utensils used for ice, food, or drink by guests must be cleaned and sanitized between guests.

          Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-25.

          44:02:06:21.  Inspection of registered bed and breakfast establishments required. Each bed and breakfast establishment which is registered must be inspected for compliance with the provisions of this chapter by a representative of the department.

          Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.

          General Authority: SDCL 34-18-25.1, 34-18-25.2, 34-18-26.

          Law Implemented: SDCL 34-18-9.1, 34-18-9.2, 34-18-9.3, 34-18-9.4.