44:02:02:05.  Ice. Ice must be manufactured, stored, transported, and handled in a manner approved by the department. Processes and controls must be designed and monitored to ensure that neither the product nor the product area is subject to contamination. Ice storage bins must be drained through an air gap. Automatic self-service ice-dispensing equipment must be used when accessible to the public.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204, effective June 8, 1994; 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.

          44:02:02:08.  Guest room toilet and bathing facilities. Each hotel shall provide toilet, lavatory, and bathing facilities. In establishments providing toilet, lavatory, and bathing facilities shared by more than one guest room, the facilities must be provided in the ratio of one water closet, lavatory, and shower or bathtub or bathtub and shower combination for each ten guests,  must be provided separately for each sex, and must be available on each floor. To determine the number of guests, a one bed unit is designated for two people, and a two bed unit is designated for four people. Soap, toilet tissue, and clean washcloths and towels must be provided for each guest or guest room. All facilities must be provided with hot and cold running water under pressure 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: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204, effective June 8, 1994; 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: State Plumbing Code, art 20:54.

          44:02:02:10.  Vermin control. Hotels 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 that a nonprofessional can eradicate the pests effectively;

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

          (3)  The department finds that an establishment has not been brought into compliance with a prior order to rid the establishment of pests.

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

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204, effective June 8, 1994; 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.

          44:02:02:11.  Condition of floors, walls, and ceilings. The floors, walls, and ceilings of each hotel must be kept clean, in good repair, and in a sanitary condition at all times. The use of carpeting in toilet rooms, bathing facilities, or food preparation and permanent serving areas is prohibited.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204, effective June 8, 1994; 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.

          44:02:02:12.  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: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204, effective June 8, 1994; 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.

          44:02:02:13.  Ventilation. Bathrooms, toilet rooms, and laundry rooms must be provided with either natural ventilation 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: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204, effective June 8, 1994; 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.

          44:02:02:14.  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: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204, effective June 8, 1994; 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.

          44:02:02:17.  Cleanliness and storage of utensils. Glasses, pitchers, ice buckets, and other utensils used for ice, food, or drink by guests must be washed, rinsed, and sanitized between guests. All cleaners, sanitizers, and disinfectants must comply with 40 C.F.R. § 180.940, June 23, 2004. The washing and sanitizing facilities must be provided as follows:

          (1)  Utensils must be washed, rinsed, and sanitized manually utilizing a three step process. Sink compartments must be large enough to permit the accommodation of the equipment and utensils. Each compartment of the sink must be supplied with hot and cold potable running water. Drain boards must be provided for the air drying of the sanitized utensils; or

          (2)  Utensils must be washed, rinsed, and sanitized by the use of a chemical or hot water sanitizing ware washing machine. If a home style ware washing machine is utilized, the sanitizing water temperature must attain a minimum of 150 degrees Fahrenheit. All utensils must be allowed to air dry.

          After washing and sanitizing, all utensils must be wrapped, sealed, or stored in a manner that protects them from contamination.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204, effective June 8, 1994; 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.

          44:02:02:18.  Single-service items. Hotels which do not have facilities for cleaning and sanitizing utensils that meet the requirements in § 44:02:02:17 shall use single-service articles. All single-service articles must be stored, handled, and dispensed in a sanitary manner and may be used only once. The use of common drinking containers in public places is prohibited. Single-service articles must be made from clean, sanitary, and safe materials.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204, effective June 8, 1994; 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: Food Service Code, ch 44:02:07.

          44:02:02:19.  Bedding and linen. Hotels shall furnish each guest with clean sheets and pillow cases for the bed, bunk, or cot to be occupied by the guest. Sheets must be of sufficient width and length to cover the mattress completely. All bath linen, sheets, and pillow cases used by one guest must be washed and mechanically dried before being furnished to another guest. All bedding, including mattresses, mattress pads, quilts, blankets, pillows, sheets, and spreads, and all bath linen must be kept clean, in good repair, and stored in a sanitary manner. Separate laundry containers must be provided for clean and soiled laundry. Soiled linens, uniforms, and other garments must be kept separate from clean linens to prevent cross-contamination. All clean linens must be stored on smooth, nonabsorbent, cleanable surfaces located a minimum of six inches above the floor.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204, effective June 8, 1994; 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.

          44:02:02:20.  Housekeeping. All parts of the hotel and its premises must be kept neat, clean, and free from litter and rubbish. Housekeeping operations or 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 in toilet, bathroom, and bathing facilities to prevent the spread of disease. Cleaning equipment, supplies, insecticides, paints, and other toxic or hazardous products may not be stored above or next to linens. All cleaners, sanitizers, and disinfectants must comply with 40 C.F.R. § 180.940, June 23, 2004. 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, bathing facilities, and kitchens is prohibited.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204, effective June 8, 1994; 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 3008.

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

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

          44:02:02:21.  Hazardous condition. If, during the course of a routine inspection, an obvious health hazard or other hazardous condition is discovered that presents an imminent danger to individuals, the department may require the owner of the hotel to remove or correct the hazardous condition.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204, effective June 8, 1994; 23 SDR 75, effective November 19, 1996; 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: Fire Safety Standards, ch 61:15:01.

          44:02:02:22.  Water recreation facilities. All water recreation facilities, including swimming pools, spas, and water slides operated by a hotel 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 weekly 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 swimming pool, spa, or other water recreational facilities. A daily log of disinfectant levels and pH must be maintained by the owner or operator of the facility.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204, effective June 8, 1994; 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.

          44:02:02:24.  Annual license fee. Repealed.

          Source: 7 SDR 9, effective August 11, 1980, June 1, 1981; 20 SDR 204, effective June 8, 1994; 23 SDR 75, effective November 19, 1996; repealed, 36 SDR 31, effective August 18, 2009.

          44:02:02:25.  Continental breakfast requirements. All utensils used in the serving of foods must be cleaned and sanitized on a routine basis. The establishment shall provide a minimum of a two compartment sink or a sanitizing ware washing machine for the washing, rinsing, and sanitizing of utensils. Separate hand washing facilities must be accessible for employees engaged in assembly and servicing of the breakfast area. Facilities may be provided for the warming or toasting of a food item. Hot holding of food items is limited to the items approved in § 44:02:02:00(4). Potentially hazardous foods requiring hot holding must be held at 135 degrees Fahrenheit or above. The food shall be held at that temperature and discarded after four hours. Cold holding temperature for food items must be held at 41 degrees Fahrenheit or below. Only single service utensils shall be provided for guest use. Properly cooled and dispensed milk and juice products are allowed. Fresh fruits must be provided to guests intact. No slicing or peeling of fruit is allowed. Each lodging establishment that exceeds these requirements shall obtain a valid food service establishment license in accordance with SDCL chapter 34-18 and chapter 44:02:07.

          Source: 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.