Lodging Program Statutes and Rules

1. Lodging Program Statutes and Rules Missouri Department of Health and Senior Services Bureau of Environmental Health Services

2. Topics to Discuss • Technical references • BEHS responsibilities • LPHA responsibilities • Facility responsibilities • Definitions • Program interpretations • Exemptions

3. Lodging Rule and Statute • The Statute - 315.005-065 RSMo • The Rule - 19 CSR 20-3.050 Sanitation and Safety Standards for Lodging Establishments • Copies available from • BEHS • http://health.mo.gov/safety/lodging/index.php

4. Environmental Health Operational Guidelines • Environmental health program guidance • The EHOG can be found online at: http://health.mo.gov/atoz/ehog/pdf/ehogmanual.pdf

5. BEHS Responsibilities • Develop Policies and Operating Procedures • Update Statues/Rules/Regulations/Forms • Maintain an Inventory of Establishments • Issue Licenses • Enforcement activities

6. BEHS Responsibilities • Inspections • Provide consultation, training, and technical assistance to LPHA/Industry/Public • Monitor performance and promote uniformity through audits including record reviews and inspections

7. Local Public Health Agency Responsibilities • Maintain working knowledge of applicable statutes, rules, and regulations regarding lodging • Conduct annual inspections • Conduct follow-up inspections • Investigate complaints • Work with BEHS to pursue enforcement activities

8. Local Public Health Agency Responsibilities • Submit appropriate paperwork in a timely manner • Submit changes on DH-50 • Maintain a working relationship

9. Lodging Establishment’s Responsibility • Operate establishment in accordance with the statute and rule • Obtain a license • Allow access for inspection and correct violations when noted

10. Lodging Map

11. Definition • Any building, group, of buildings, structures, facility, place, or places of business where five or more guest rooms are provided, which is owned, maintained, or operated by any person and which is kept, used, maintained, advertised or held out to the public for hire which can be construed to be a hotel, motel, motor hotel, apartment hotel, tourist court, resort, cabins, tourist home, bunkhouse, dormitory, or other similar place by whatever name called, and includes all such accommodations operated for hire as lodging establishments for either transient guests, permanent guests, or for both transient and permanent guests.

12. Definition • Building or place with 5 or more units • Used for hire • Hotels, Motels • Resorts, Cabins • For who • Transient guests • Permanent guests • Both transient and permanent guests

13. Definition • Unit or guest room

14. Definition • Existing lodging facilities are in operation • Have a valid license • Operation before October 30, 2005 • New lodging facilities • Newly built after October 30, 2005 • Existing facilities that have closed for more than 18 months

15. Defintion • Historic building • National Register of Historic Places • Located in a registered historic district • BEHS works with DNR State Historic Preservation Office to determine requirements for licensing

16. Definition • Bed and breakfast (B&B) • Only between 5 and 10 units • Only 3 occupiable stories • Interior corridors • Kitchen • Serves Breakfast • Owner lives in or adjacent to the building

17. Program Interpretations • Timeshare • Unsold time/rooms • Five or more units • Condominimums

18. Exemptions • Allowed within315.019 • Fire • Electrical • Fuel burning • Plumbing • Swimming pools, spas and similar facilities • Allowed within 315.065, when owned or maintained by public or private schools, colleges, universities or churches • Dormitories • Camps • Retreats, conferences

19. Conclusion • Questions about the rule or statute • Call your District EPHS staff • Call or email Ellen Dettman at 573-751-6095 or ellen.dettman@health.mo.gov • Questions about the license, establishment’s licensing status, paperwork, or enforcement • Call Heather Davenport at 573-751-6095 • Email at heather.davenport@health.mo.gov