23-09 Lodging Establishments and Assisted Living Facilities
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<![CDATA[CHAPTER 23-09LODGING ESTABLISHMENTS AND ASSISTED LIVING FACILITIES23-09-01. Definitions. In this chapter, unless the context otherwise requires:1."Assisted living facility" means a building or structure containing a series of at least<br>five living units operated as one entity to provide services for five or more individuals<br>who are not related by blood, marriage, or guardianship to the owner or manager of<br>the entity and which is kept, used, maintained, advertised, or held out to the public<br>as a place that provides or coordinates individualized support services to<br>accommodatetheindividual'sneedsandabilitiestomaintainasmuchindependence as possible. An assisted living facility in this chapter includes a facility<br>that is defined as an assisted living facility in any other part of the code. An assisted<br>living facility does not include a facility that is a congregate housing facility, licensed<br>as a basic care facility, or licensed under chapter 23-16 or 25-16 or section<br>50-11-01.4.2."Bakery" means an establishment or any part of an establishment that manufactures<br>or prepares bread or bread products, pies, cakes, cookies, crackers, doughnuts, or<br>other similar products, or candy, whether plain; chocolate or chocolate coated;<br>mixed with nuts, fruits, or other fillers; covered with chocolate or other coating; and<br>shaped, molded, or formed in various shapes.The term does not include foodservice establishments nor home cake decorators.3."Commissary" means a catering establishment, restaurant, or any other place in<br>which food, containers, or supplies are kept, handled, prepared, packaged, or<br>stored, including a service center or base of operations directly from which mobile<br>food units are supplied or serviced.The term does not include an area orconveyance at a vending machine location used for the temporary storage of<br>packaged food or beverages.4."Department" means the state department of health.5."Food establishment" means any fixed restaurant, limited restaurant, coffee shop,<br>cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda<br>fountain, tavern, bar, catering kitchen, delicatessen, bakery, grocery store, meat<br>market, food processing plant, school, child care, or similar place in which food or<br>drink is prepared for sale or service to the public on the premises or elsewhere with<br>or without charge.6."Food processing plant" means a commercial operation that manufactures,<br>packages, labels, or stores food for human consumption and does not provide food<br>directly to a consumer.7."Limited restaurant" means a food service establishment that is restricted to a<br>specific menu as determined by the department or an establishment serving only<br>prepackaged foods, such as frozen pizza and sandwiches, which receive no more<br>than heat treatment and are served directly in the package or on single-serve<br>articles.8."Lodging establishment" includes every building or structure, or any part thereof,<br>which is kept, used, maintained, or held out to the public as a place where sleeping<br>accommodations are furnished for pay to transient guests.The term does notinclude a facility providing personal care services directly or through contract<br>services as defined in section 23-09.3-01 or 50-32-01.9."Mobile food unit" means a vehicle-mounted food service establishment designed to<br>be readily movable.Page No. 110."Proprietor" includes the person in charge of a food establishment, lodging<br>establishment, or assisted living facility, whether as owner, lessee, manager, or<br>agent.11."Pushcart" means a non-self-propelled vehicle limited to serving nonpotentially<br>hazardous food or commissary-wrapped food maintained at proper temperatures.12."Restaurant" includes every building or other structure, or any part thereof, and all<br>buildings in connection therewith, that are permanently kept, used, maintained,<br>advertised, or held out to the public as a place where meals or lunches are served,<br>but where sleeping accommodations are not furnished. The term includes a limited<br>restaurant restricted to a specified menu.13."Retail food store" means any establishment or section of an establishment where<br>food and food products are offered to the consumer and intended for offpremise<br>consumption. The term includes a delicatessen that offers prepared food in bulk<br>quantities only.The term does not include an establishment that handles onlyprepackaged nonpotentially hazardous foods, roadside market that offers only fresh<br>fruits and vegetables for sale, food service establishment, or food and beverage<br>vending machine.14."Retail meat market" means a commercial establishment and buildings or structures<br>connected with it, used to process, store, or display meat or meat products for retail<br>sale to the public for human consumption.The term does not include a meatestablishment operating under the federal or state meat inspection program.15."Salvage processing facility" means an establishment engaged in the business of<br>reconditioning or by other means salvaging distressed merchandise for human<br>consumption or use.16."Temporary food service establishment" means any food service establishment that<br>operates at a fixed location for not more than fourteen consecutive days. The term<br>does not include a nonprofit public-spirited organization or person providing a limited<br>type of food service as defined in chapter 23-09.2.23-09-02.State department of health to enforce provisions of chapter.Thedepartment shall enforce the provisions of this chapter. Under no circumstances may any other<br>state agency adopt rules that relate in any way to the provisions of this chapter.23-09-02.1.Smoke detection devices or other approved alarm systems -Administrative procedure and judicial review. Each lodging establishment and assisted living<br>facility shall install smoke detection devices or other approved alarm systems of a type and in the<br>number approved by the department, in cooperation with the state fire marshal. The department,<br>in cooperation with the state fire marshal, shall adopt reasonable rules governing the spacing and<br>minimum specifications for approved smoke detection devices or other approved alarm systems.<br>The department and state fire marshal shall provide all reasonable assistance required in<br>complying with the provisions of this section.23-09-03. Exiting requirements. Every lodging establishment and assisted living facilityconstructed in the state shall have adequate exiting as defined by the state building code in<br>chapter 54-21.3 with the following exceptions:1.All lodging establishments and assisted living facilities in existence at the time of<br>implementation of this section are required to continue with fire escapes previously<br>provided for within this section providing that they are deemed adequate by the local<br>fire authority having approval, or by the state fire marshal's office.Page No. 22.If the lodging establishment or assisted living facility is provided with exterior access<br>balconies connecting the main entrance door of each unit to two stairways remote<br>from each other.23-09-04.Fire escapes in hotels and lodginghouses not more than two storieshigh. Repealed by S.L. 1985, ch. 292, </p>
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