# Title 33 — State Department of Health

## Article 33-33 — Rules Initiated by the Inspection Division

## Chapter 33-33-06 — Bed and Breakfast Facilities

### § 33-33-06-01. Definitions.

1. "Approved" means acceptable to the department based on a determination as to conformance
with appropriate standards and good public health practice.
2. "Corrosion-resistant material" means a material which maintains its original surface
characteristics under prolonged influence of the food, cleaning compounds, and sanitizing
solutions which may contact it.
3. "Department" means the department of health and human services.
4. "Easily cleanable" means that surfaces are readily accessible and made of such materials and
finish and so fabricated that residue may be effectively removed by normal cleaning methods.
5. "Employee" means the permitholder, individuals having supervisory or management duties,
and any other individual working in a bed and breakfast facility.
6. "Equipment" means stoves, ovens, ranges, hoods, slicers, mixers, meatblocks, tables,
counters, refrigerators, sinks, dishwashing machines, steamtables, and similar items other
than utensils, used in the operation of a bed and breakfast facility.
7. "Food" means any raw, cooked, processed edible substance, or combination of substances,
beverage, or ingredient used or intended for use or for sale in whole or in part for human
consumption.
8. "Food-contact surfaces" means those surfaces of equipment and utensils with which food
normally comes in direct contact, and those surfaces with which food may come in contact
and drain back onto surfaces normally in contact with food.
9. "Kitchenware" means all multiuse utensils other than tableware.
10. "Perishable food" means any food of such type or in such condition as may spoil.
11. "Private home" means a place of residence of an individual or family.

12. "Proprietor" means the person in charge of the bed and breakfast facility whether as owner,
lessee, manager, or agent.
13. "Sanitize" means effective bactericidal treatment of clean surfaces of equipment and utensils
by a process which has been approved by the department as being effective in destroying
micro-organisms, including pathogens.
14. "Single-service articles" means cups, containers, lids or closures, plates, knives, forks,
spoons, stirrers, paddles, straws, place mats, napkins, doilies, wrapping materials, and all
similar articles which are constructed wholly or in part from paper, paperboard, molded pulp,
foil, wood, plastic synthetic, or readily destructible materials, and which are intended for
one usage only, then to be discarded.
15. "Sleeping unit" means a room used for sleeping purposes by guests.
16. "Tableware" means multiuse eating and drinking utensils.
17. "Time and temperature control for safety food" means a food that requires time and
temperature control for safety to limit pathogenic microorganism growth or toxin formation.
18. "Utensil" means any implement used in the storage, preparation, transportation, or service of
food.
History: Effective August 1, 1988; amended effective January 1, 1990; December 1, 1991; April 1,
2012; January 1, 2026.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC 23-09.1-02
### § 33-33-06-02. Water supply.

The water supply must be adequate, of a safe sanitary quality and from a source approved by the
department. The water supply may not contain bacteriological, chemical, or physical impurities which
affect, or tend to affect public health, must meet the bacteriological standards of the United States
public health service for waters used upon public or interstate common carriers, and is subject to
examination by the department. If it is unfit for drinking under these requirements, it either shall be
improved to fulfill the standards or the use thereof shall be discontinued.
1. Each private water source shall be sampled and tested for bacteria initially and every
twelve-month period thereafter. Seasonal operations shall be sampled during the peak
operating season.
2. Each private water source shall be sampled initially for nitrate analysis. Seasonal operations
shall be sampled during the peak operating season.
3. Additional bacteriological or chemical tests may be required by the department.
4. Initially each private source shall be inspected for location, source protection, and design
standards.
5. No cross connections with unapproved water supplies may exist.
6. Adequate hot water heating facilities shall be provided. Hot and cold running water under
pressure shall be provided to food preparation areas, and any other areas in which water is
required for cleaning.
History: Effective August 1, 1988; amended effective January 1, 1990.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC 23-09.1-02

### § 33-33-06-03. Sewage.

All sewage shall be disposed of in a public sewerage system or in a sewage disposal system
approved by the department.
1. An initial inspection shall be made of all existing onsite sewage disposal systems by the
department. This inspection shall evaluate system adequacy and if no expansion of existing
dwelling facilities is occurring, no expansion of the system may be required as long as the
system is not failing or otherwise contaminating surface or ground water.
2. If an expansion of the dwelling facilities occurs, then evaluation of the onsite sewage disposal
system shall be completed by the department. If the system is adequate, then no expansion of
the system will be required. If the system is not adequate in size, then system expansion shall
be required as per local regulations or, the requirements in ND Publication WP-74-1R (Septic
Tank and Absorption Field Disposal Systems for the Home). Plans for expansion shall be
submitted to the local jurisdiction or, the department, water supply and pollution control
division, for review and approval prior to construction.
3. The department may require that the septic tank be opened to check its construction. If the
department determines that pumping of the tank is necessary, the department may require this
to occur.
4. If the department determines that the onsite system needs repair or a new system is required,
then the system shall be repaired or replaced in accordance with local regulations, or ND
Publication WP-74-1R (Septic Tank and Absorption Field Disposal Systems for the Home).
History: Effective August 1, 1988; amended effective January 1, 1990; April 1, 2012.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC 23-09.1-02
### § 33-33-06-04. Food supplies.

Food must be in sound condition, free from spoilage, filth, or other contamination and must be safe
for human consumption. Food shall be obtained from or be equal to food from sources that comply with
all laws relating to food and food labeling. Before serving any food to the public, the bed and breakfast
facility shall comply with all applicable inspections of food required by law. Fluid milk and fluid milk
products used or served shall be pasteurized and shall meet the grade A quality standards established
by law.
History: Effective August 1, 1988; amended effective May 1, 1989.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC 23-09.1-02
### § 33-33-06-05. General food protection.

1. At all times, including while being stored, prepared, displayed, served, or transported, food
shall be protected from potential contamination, including dust, insects, rodents, unclean
equipment and utensils, unnecessary handling, coughs and sneezes, flooding, drainage,
overhead leakage or overhead drippage from condensation and chemicals. The temperature
of potentially hazardous food must be forty-one degrees Fahrenheit [5 degrees Celsius] or
below or one hundred thirty-five degrees Fahrenheit [57.2 degrees Celsius] or above at all
times, except during necessary periods of preparation and serving. Frozen food shall be kept
at such temperatures as to remain frozen, except when being thawed for preparation or use.
Potentially hazardous frozen food shall be thawed at refrigerator temperatures of forty-one
degrees Fahrenheit [5 degrees Celsius] or below; or quick-thawed as part of the cooking
process. An indicating thermometer shall be located in each refrigerator. Raw fruits and
vegetables shall be washed thoroughly before use. Stuffings, poultry, stuffed meats and

poultry, and pork and pork products shall be thoroughly cooked before being served. Salads
made of meat, poultry, potatoes, fish, shellfish, or eggs, and other potentially hazardous
prepared food, shall be prepared, preferably from chilled products, with a minimum of manual
contact. Portions of food once served to an individual may not be served again.
2. Refrigeration facilities, hot food storage facilities, and effective insulated facilities shall be
provided as needed to assure the maintenance of all food at required temperatures during
storage, preparation, and serving.
3. Live pets are not allowed in any room or area in which food is being prepared for guests.
History: Effective August 1, 1988; amended effective April 1, 2012.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC 23-09.1-02
### § 33-33-06-06. Food service equipment and utensils materials.

Multiuse equipment and utensils shall be constructed and repaired with safe materials, including
finishing materials, shall be corrosion-resistant and nonabsorbent; and shall be smooth, easily
cleanable, and durable under conditions of normal use. Single-service articles shall be made from
clean, sanitary, safe materials. Equipment, utensils, and single-service articles may not impart odors,
color, or taste, nor contribute to the contamination of food.
Multiuse eating and drinking utensils, kitchenware, and tableware used in the facility shall be
sanitized after each use or, single-service items may be used.
Acceptable means of dishwashing/sanitization shall be:
1. Manual cleaning and sanitizing utilizing a sink with two or three compartments with approved
chemical sanitizer. Utensils shall be air-dried.
2. Mechanical home style dishwasher with a one hundred sixty degrees Fahrenheit
[71.1 degrees Celsius] water supply provided by a booster heater or sanitizing cycle.
History: Effective August 1, 1988.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC 23-09.1-02
### § 33-33-06-07. General employee health.

1. No employee, while infected with a disease in a communicable form that can be transmitted
by foods or who is a carrier of organisms that can cause such a disease or while afflicted with
a boil, an infected wound, or an acute respiratory infection, may work in a bed and breakfast
facility in any capacity in which there is a likelihood of such employee contaminating food or
food-contact surfaces with pathogenic organisms or transmitting disease to other persons.
2. Bed and breakfast employees shall maintain a high degree of personal cleanliness and shall
conform to good hygienic practices. Employees shall thoroughly wash their hands with soap
and warm water before preparing or serving food.
History: Effective August 1, 1988; amended effective January 1, 1990.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC 23-09.1-02

### § 33-33-06-08. Lighting and ventilation.

Rooms and areas used in conjunction with bed and breakfast facilities shall be lighted and
ventilated as needed and shall be effective under actual use conditions. Lighting fixtures and ventilating
equipment shall be kept clean and in good repair.
History: Effective August 1, 1988; amended effective January 1, 1990.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC 23-09.1-02
### § 33-33-06-09. Toilet, handwashing, laundry, and bathing facilities.

1. Bed and breakfast facilities shall be provided with approved sanitary toilet, handwashing, and
bathing facilities. These facilities, and laundry facilities used in conjunction with bed and
breakfast facilities, shall be kept clean and in good repair.
2. All lavatories and baths shall be supplied with hot and cold running water. Each person who is
provided accommodations shall be provided individual soap and clean individual bath cloths
and towels.
3. The temperature of hot water furnished to handwashing sinks (lavatories), showers, and
bathtubs may not exceed one hundred twenty degrees Fahrenheit [48.9 degrees Celsius].
4. Clean towels and bath cloths shall be stored and handled in a sanitary manner.
History: Effective August 1, 1988; amended effective January 1, 1990.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC 23-09.1-02
### § 33-33-06-10. Beds, linens, and furniture.

1. Furniture, mattresses, curtains, and draperies, etc., shall be kept clean and in good repair.
2. Clean bed linen in good repair shall be provided for each guest who is provided
accommodations and shall be changed between guests and as often as necessary.
3. Clean linen shall be stored and handled in a sanitary manner and separate from soiled linen.
History: Effective August 1, 1988.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC 23-09.1-02
### § 33-33-06-11. Insect and rodent control.

Effective measures intended to minimize the presence of rodents, flies, and other insects on the
premises shall be utilized. The premises shall be kept in such condition as to prevent the harborage or
feeding of insects or rodents. Openings to the outside shall be protected effectively against the
entrance of rodents and insects by tight-fitting, self-closing doors, closed windows, screening, or other
means.
History: Effective August 1, 1988.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC 23-09.1-02
### § 33-33-06-12. General requirements.

1. Pesticides, herbicides, and other substances which may be hazardous if ingested, inhaled, or
handled shall be stored in a closet, cabinet, or box not accessible to young children.

2. Household cleaning agents such as bleaches, detergents, and polishes shall be stored out of
the reach of young children.
3. Medications shall be stored in a separate cabinet, closet, or box not accessible to young
children.
4. Bed and breakfast facilities shall be kept in a clean and sanitary condition.
History: Effective August 1, 1988.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC 23-09.1-02
### § 33-33-06-13. Swimming pools and spas.

When swimming pools and spas are provided for use by bed and breakfast facility guests, they
must be designed, constructed, and maintained to protect the health and safety of its guests. A
colorimetric test kit is required for the monitoring and adjusting of disinfectant levels and pH in
swimming pools, spas, or other water recreational facilities. A weekly log of disinfection levels and pH
must be maintained by the owner of the facility.
History: Effective August 1, 1988; amended effective April 1, 2012.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC 23-09.1-02
### § 33-33-06-14. Fire safety.

Bed and breakfast facilities shall be in compliance with the requirements of the Uniform Building
Code and Uniform Fire Code as adopted and enforced by the state fire marshal. The department shall
report to the state fire marshal violations of any provision of the code which might constitute a fire
hazard in the premises so inspected.
The requirements for fire/life/safety shall include, but not be limited to, the following:
1. Smoke detectors.
a. A smoke detection device in good operating condition shall be mounted on the ceiling or
wall at a point centrally located in the corridor or area giving access to rooms used for
sleeping purposes. All smoke detectors shall be inspected and listed by underwriters'
laboratories or an equivalent. Smoke detectors shall be installed in accordance with the
manufacturer's installation instructions.
b. A smoke detector shall be installed in the basement of dwelling units having a stairway
which opens from the basement into the dwelling. Such detector shall be connected to a
sounding device or other detector to provide an alarm which will be audible in the
sleeping area.
c. The owner of the facility shall test the battery-operated smoke detectors at least weekly
and hard-wired detectors at least monthly and shall maintain written records which detail
the date and results of the test.
2. Every sleeping unit shall provide a minimum of fifty square feet [4.65 square meters] of floor
area per guest.
3. Every sleeping unit shall have at least one operable window or exterior door approved for
emergency escape or rescue. The units shall be operable from the inside to provide a full
clear opening without the use of separate tools. All escapes or rescue windows from sleeping
rooms must have a minimum net clear opening of 5.7 square feet [.52 square meters]. The

minimum net clear opening height dimension must be twenty-four inches [60.96 centimeters].
The minimum net clear opening width dimensions must be twenty inches [50.8 centimeters].
Where windows are provided as a means of escape or rescue, they must have a finished sill
height not more than forty-four inches [111.76 centimeters] above the floor. No sleeping unit in
bed and breakfast facilities may be in attic lofts or in basement rooms with a single major
means of escape.
4. A fire extinguisher rated 2A and having a BC rating must be conveniently located and
accessible in the bed and breakfast facility. The maximum travel distance to the extinguisher
must be no more than seventy-five feet [22.86 meters].
5. Emergency numbers shall be posted on the telephones in the bed and breakfast facility.
History: Effective August 1, 1988; amended effective January 1, 1990; April 1, 2012.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC 23-09.1-02
### § 33-33-06-15. Inspection - Records kept.

Repealed effective January 1, 1990.
### § 33-33-06-16. License - Application.

Repealed effective January 1, 1990.
### § 33-33-06-17. Failure to comply with provisions of chapter.

Any proprietor of any bed and breakfast facility who fails to comply with any of the requirements of
this chapter, or chapter 23-09.1 of the North Dakota Century Code, shall be given notice of the violation
and of a reasonable time within which to comply with the requirements. The notice shall be in writing
and shall be delivered personally by the department or shall be sent to the proprietor by any form of
mail requiring a signed receipt and resulting in delivery to the proprietor. If the proprietor of the bed and
breakfast facility fails to remedy the violations within the time stated within the notice, the department
may refuse to grant a new license, or suspend or revoke the license through an administrative hearing
held pursuant to chapter 28-32 of the North Dakota Century Code.
History: Effective August 1, 1988; amended effective January 1, 1990.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC 23-09.1-02
### § 33-33-06-18. License fees.

The annual license fee paid to the department by proprietors of bed and breakfast facilities is sixty
dollars. The plan review application fee for a bed and breakfast facility is fifty percent of the annual
license fee if a plan review application is required. For a person's initial license application, an annual
license fee and a license application administration fee of one hundred dollars is required in addition to
fifty percent of the annual license fee if a plan review application is required. An additional amount of
fifty percent of the license fee must be imposed upon renewal if the license was not renewed on or
before February first following the expiration date.
History: Effective January 1, 2006; amended effective April 1, 2008; January 1, 2014; January 1, 2026.
General Authority: NDCC 23-01-03
Law Implemented: NDCC 23-09.1-02
