Current Status Bill Number:
3501Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19970220Primary Sponsor: YoungAll Sponsors: Young, Limehouse, Seithel, Meacham, Leach, Harvin, McCraw, Woodrum, Simrill, Inabinett, Neal, Canty, Chellis, R. Smith, Knotts, J. Hines, Davenport, Phillips, Littlejohn, Riser and BattleDrafted Document Number: psd\7047ac.97Residing Body: HouseCurrent Committee: Labor, Commerce and Industry Committee 26 HLCISubject: Bed and breakfast facilities, regulation of; Hotels and Motels, Businesses and Corporations
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19970220 Introduced, read first time, 26 HLCI referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOTELS, MOTELS, RESTAURANTS AND BOARDING HOUSES BY ADDING CHAPTER 11 SO AS TO PROVIDE DEFINITIONS AND TO PROVIDE FOR THE REGULATION OF BED AND BREAKFAST ESTABLISHMENTS IN THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
Bed and Breakfast Facilities
Section 45-11-10. As used in this chapter:
(1) 'Bed and breakfast' means the following residential type lodging facilities of ten guest rooms or less where transient guests are lodged and fed for pay:
(a) 'bed and breakfast' or 'bed and breakfast inn' which is a small lodging facility that generally has three to ten guest rooms with breakfast served to registered guests;
(b) 'homestay bed and breakfast' which offers small lodging facilities that have one to three guest rooms with breakfast served to registered guests;
(c) 'country inn' which offers small lodging facilities that have three to ten rooms with other meals, in addition to breakfast, offered to registered guests.
(2) 'Residential-type lodging facility' means a bed and breakfast which is residential in style and amenities primarily. A bed and breakfast most frequently is a residential-type lodging facility which has been transformed from a private residence or other building into a combined innkeeper residence and in-home business.
(3) 'Guest room' means a bed and breakfast sleeping room or a combination of rooms for sleeping and sitting which includes a private or shared bathroom, clothes-hanging and storage amenities, a selection of furniture, and lighting in addition to a bed or beds and which may include a number of other amenities.
(4) 'Innkeeper' means the proprietor of a bed and breakfast.
(5) 'Breakfast' includes these two primary types of breakfast:
(a) Continental breakfast which is a breakfast meal restricted to the following foods:
(i) beverages including, but not limited to, coffee, tea, and fruit juices;
(ii) pasteurized Grade A milk;
(iii) fresh, frozen, or commercially processed fruits;
(iv) baked goods including, but not limited to, pastries, rolls, breads, biscuits, and muffins which are not a potentially hazardous food;
(vi) jams, jellies, honey, and breakfast syrups;
(vii) pasteurized Grade A creams and butters, nondairy creamers, or similar products;
(viii) commercially manufactured hard cheeses, cream cheeses, and yogurt;
(b) full breakfast which is a breakfast meal including foods other than those enumerated in subitem (a).
(6) 'Residential kitchen' means a private home-type kitchen utilized in most bed and breakfasts.
(7) 'Potentially hazardous foods' means food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, and which is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include foods that have a pH level of 4.6 or below, a water activity (aw) value of 0.85 or less under standard conditions, or food products in hermetically sealed containers commercially processed to prevent spoilage.
Section 45-11-20. (A) Food service, which includes continental or full breakfast service, and other meal service, may be offered to registered guests in a bed and breakfast with a residential kitchen without a permit if the bed and breakfast meets the regulations set forth in this chapter. Food service may not be offered to the general public without an appropriate permit. Notwithstanding this section, a bed and breakfast may offer a 'tea type service' to the general public if the final products served are not potentially hazardous foods.
Section 45-11-30. (A) Food must be in sound condition and safe for human consumption. Food must be obtained from sources that comply with the applicable laws relating to food safety. The use of food in hermetically sealed containers that was not prepared in a food processing establishment is prohibited, with the exception of properly sealed and refrigerated homemade jams, jellies, and preserves, which must be monitored by the innkeeper for freshness.
(B) Fluid milk and fluid milk products must be pasteurized and must comply with applicable law. Dry milk and milk products used must be made from pasteurized milk and milk products. Raw milk may not be provided or used in a bed and breakfast.
(C) Only clean shell eggs meeting applicable grade standards or pasteurized liquid, frozen, or dry eggs or pasteurized egg products may be used.
(D) Only ice which has been manufactured with potable water and handled in a sanitary manner may be used.
Section 45-11-40. (A) At all times, including while being stored, prepared, offered, dispensed, or transported, food must be protected from cross-contamination between foods and from potential contamination by insects, insecticides, rodents, rodenticides, unclean equipment or utensils, unnecessary hand contact, draining, or overhead leakage or condensation, dust, coughs and sneezes, or other agents of public health significance.
(B) The temperature of potentially hazardous foods must be forty-five degrees Fahrenheit or below or one hundred forty degrees Fahrenheit or above at all times, except during necessary times of preparation. Refrigerators and ovens must have nonstationary, interior thermometers to monitor food temperatures.
(C) Hermetically sealed packages must be handled so as to maintain product and container integrity.
(D) Pets may be present on the premises but must be kept out of food preparation and dining areas during food preparation and serving for the public.
(E) Laundry facilities may be present in the residential kitchen but may not be used during food preparation and service.
(F) The bed and breakfast kitchen cooking facilities may not be available to guests.
Section 45-11-50. (A) Food must be prepared with a minimum of manual contact and must be prepared on food contact surfaces and with utensils that are clean and have been sanitized.
(B) Raw fruits and vegetables that will be cooked, cut, or combined with other ingredients, or that will be otherwise processed into food products by the bed and breakfast, must be cleaned thoroughly with potable water before being used.
(C) Potentially hazardous food processed by cooking must be cooked to heat all parts of the food to a minimum temperature of one hundred forty degrees Fahrenheit.
(D) For a residential kitchen in a bed and breakfast serving a continental breakfast only, ingredients which are potentially hazardous such as milk, cream, and eggs may be used in food preparation if the final product is not a potentially hazardous food.
(E) For a residential kitchen in a bed and breakfast serving a full breakfast, potentially hazardous foods must be cooked and served to guests immediately. The following food handling practices are prohibited:
(1) cooling and reheating before service;
(2) hot holding for more than two hours;
(3) service of previously served foods.
(F) Potentially hazardous foods must be thawed:
(1) in refrigerated units at a temperature not exceeding forty-five degrees Fahrenheit;
(2) under potable running water at a temperature at seventy degrees Fahrenheit, or below, with sufficient water velocity to agitate and float off loose food particles into the overflow, and for a period not exceeding that reasonably required to thaw the food;
(3) in a microwave oven only when the food is transferred immediately to conventional cooking units 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 if the food is less than or equal to three pounds.
Section 45-11-60. (A) Unprocessed whole raw fruits and unprocessed raw vegetables must be thoroughly rinsed before display and consumer use. Other foods on display must be protected from contamination by the use of packaging or easily cleanable serving containers. Fiber or reed containers may not be used without a disposable liner.
(B) Table service condiments, seasonings, and dressings may be served in the original container or pour-type dispensers. Self-service condiments must be provided in individual packages or in pour-type dispensers.
(C) Ice for consumer use 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 utensil's handle extended out of the ice. Between uses, ice transfer receptacles must be sanitized and stored in a way that protects them from contamination.
(D) Once served to a consumer, portions of leftover food may not be reused or reserved, except that packaged food that is still intact and in sound condition may be reserved. Single service creamers and completely wrapped pats of butter or margarine may be reserved if still packaged and in sound condition.
Section 45-11-70. (A) No innkeeper or employee, while infected with a disease that can be transmitted by foods or who is a carrier of organisms that cause such a disease or while affected with a boil, infected wound, or acute respiratory infection, may work in a bed and breakfast in any capacity in which there is a likelihood of the person contaminating food or food-contact surfaces with pathogenic organisms or transmitting disease person to other persons.
(B) Innkeepers and employees engaged in food preparation, service, and warewashing operations shall wash their hands and the exposed portions of their arms thoroughly with soap or detergent and warm water before starting work, after smoking, eating, using the toilet, and as often as necessary during work to keep them clean. Innkeepers and employees shall keep their fingernails trimmed and clean.
(C) Innkeepers and employees shall maintain a high degree of personal cleanliness, shall wear clean outer clothing, and shall conform to good hygienic practices during all food service and food handling periods.
(D) Innkeepers and employees shall consume food only in designated areas. Recognizing that a number of bed and breakfasts utilize a portion of their residential kitchens as a dining area for guests, as well as themselves, the designated areas may not be located immediately adjacent to food preparation areas or surfaces or in areas where the eating of food may result in contamination of food preparation areas, food, equipment, or utensils.
(E) Innkeepers and employees may not use tobacco in a bed and breakfast kitchen and food preparation areas.
Section 45-11-80. (A) Food preparation areas, equipment, and utensils must be constructed and repaired with safe materials, including finishing materials, must be corrosion resistant and nonabsorbent, and must be smooth, easily cleanable, and durable under conditions of normal use. Single service articles must be made from clean, sanitary, and safe materials. Equipment, utensils, and single service articles may not impart odors, color, taste, or contribute to the contamination of food.
(B) Safe plastic or safe rubber or safe rubber-like materials that are resistant under normal conditions of use to scratching, scoring, decomposition, grazing, chipping, and distortion that are of sufficient weight and thickness to permit cleaning and sanitizing by normal warewashing methods are permitted for repeated use.
(C) Single service articles may not be reused.
(D) All food preparation areas, equipment, and utensils must be maintained in good repair.
Section 45-11-90. (A) Food equipment and utensils must be stored in a manner to avoid contamination.
(B) Food contact surfaces must be smooth and easily cleanable.
(C) Food contact equipment, surfaces, tableware, and utensils must be cleaned and sanitized before food preparation for the public and after each use.
(D) Sinks, basins, or other receptacles used for cleaning of equipment and utensils must be cleaned before use.
(E) Equipment and utensils must be preflushed and prescraped and, when necessary, presoaked to remove food particles and soil.
(F) Cleaning and sanitizing must be conducted as follows:
(1) Commercial dishwashers must comply with applicable law.
(2) A domestic or residential dishwasher may be used if:
(a) the dishwasher effectively removes physical soil from all surfaces of dishes and utensils;
(b) the dishwasher sanitizes dishes and utensils by the application of sufficient accumulative heat;
(c) the dishwasher is installed and operated according to manufacturer's instructions for the highest level of sanitization possible, and the dishwasher water temperature is maintained at a minimum of one hundred fifty degrees Fahrenheit;
(d) manual cleaning and sanitizing includes the use of a washing solution or detergent maintained at a temperature of one hundred ten degrees Fahrenheit or above or as specified by the manufacturer. Warewashing shall include prerinsing or scraping, application of cleaners for soil removal, rinsing to remove any abrasives and cleaning chemicals, draining, and air-drying. When chemicals are used for sanitization, they may not have concentrations higher than the maximum permitted by law.
Section 45-11-100. (A) Sufficient potable water for the needs of the bed and breakfast must be provided from an approved water supply. The use of an existing community or public water supply is preferred; however, a private wellwater supply may be used if it meets residential water quality standards.
(B) Bottled and packaged potable water must be obtained from a source that complies with applicable law and must be handled and stored in a way that protects it from contamination. Bottled and packaged potable water for consumer self-service must be dispensed from the original container.
Section 45-11-110. (A) An approved means of sewage disposal must be provided. A public sewage system is the preferred means of sewage disposal and, if available, must be used. If a sewage disposal system is used, it must be constructed, maintained, and operated according to applicable law.
(B) Toilet facilities must be installed according to applicable law and must be at least one and not less than the number required by law. While private guest room bathrooms are preferable, there must be at least one toilet facility per two guest rooms. Shared bathrooms shall contain appropriate cleaning agents and disinfectants for self-service by guests. At least one bathroom must be conveniently located and accessible to innkeepers and employees at all times.
(C) Bathrooms opening to the kitchen or dining area shall have adequate mechanical ventilation.
(D) Bathrooms used by food handlers shall have hot and cold potable water, soap dispenser, and disposable towels or a hand drying device providing heated air, a supply of toilet tissue, and an easily cleanable receptacle for waste materials.
(E) Toilet facilities, including toilet fixtures and all related facilities and any related vestibules must be kept clean and in good repair.
Section 45-11-120. (A) Effective measures must be utilized to minimize the entry, presence, and propagation of rodents or of flies, cockroaches, and other insects. A bed and breakfast must be maintained in a condition that prevents the harborage or feeding of insects and rodents.
(B) No person may apply insecticides or rodenticides except in accordance with manufacturer's labeling and in such a way that food, food contact surfaces, and the supply of potable water are not contaminated.
Section 45-11-130. Garbage and refuse must be disposed of often enough and in a manner to prevent the development of objectionable odors and the attraction of pests.
Section 45-11-140. (A) A bed and breakfast shall provide a safe and secure environment for guests, visitors, and staff. The following synopsis of fire prevention and building safety regulations for a bed and breakfast outlined by the United States Fire Prevention and Building Safety Commission as regulations and exemptions pertaining exclusively to bed and breakfasts are incorporated in this chapter.
(B) The Fire Prevention and Building Safety Commission regulations define bed and breakfasts as a new class of residential establishments, Group R-2, and the regulations and exemptions set forth for a bed and breakfast do not include hotels, motels, boarding houses, or food service establishments.
(C) A bed and breakfast is not required to have bath and toilet facilities for each sex.
(D) Guest rooms that are used for sleeping purposes must be provided with smoke detectors. Detectors must be installed in accordance with manufacturer's instructions. Smoke detectors may be battery operated when installed in existing buildings or in buildings without commercial power or in buildings which undergo alterations, repairs, or additions. Smoke detectors in new construction shall receive their primary power from the building wiring when the wiring is served from a commercial source. Wiring must be permanent and without a disconnecting switch other than those required for over current protection.
Section 45-11-150. (A) An occupant load factor of 2.5 is applied to guest rooms on a floor. As an example, four guest rooms on the second floor of a bed and breakfast times the load factor equals a ten guest maximum on that floor. Occupancy over these numbers requires one hour safety corridor and a second exit. Windows are not exits.
(B) One exit is allowed from an occupied roof, if the area is less than five hundred square feet and is not higher than immediately above the second floor. Rooms within dwelling units may exit through more than one intervening room.
(C) Corridors and exit balconies in an existing bed and breakfast may be as narrow as thirty-six inches. Guest rooms located not higher than the second floor above ground level do not require an enclosed stairway.
(D) A bed and breakfast shall provide exit illumination but does not have to have emergency or a separate source of power for the illumination.
Section 45-11-160. If a bed and breakfast has a swimming pool which is available to guests, it must be constructed and operated in accordance with Department of Health and Environmental Control regulations and approved by the department annually.
Section 45-11-170. (A) The sales and accommodations tax, as provided for in Section 12-36-920, equal to seven percent based on the gross proceeds derived from the rental or charges for a room, and which exempts facilities consisting of fewer than six sleeping rooms, from collection and payment of sales tax, when the facilities are contained on the same premises and used as the individuals' place of abode, is clarified to mean that a bed and breakfast with five or fewer rentable guest rooms in a single building, which is also the innkeeper's place of abode, qualified for this exemption.
(B) A bed and breakfast shall collect the state sales tax of five percent, plus local option sales tax if applicable on additional guest charges which includes, but is not limited to, room service, amenities, entertainment, and special items in promotional tourist packages, as delineated in Section 12-36-920. To meet the provisions of this requirement, a bed and breakfast which assesses additional guest charges of any kind must maintain a current retail license with the South Carolina Department of Revenue.
(C) A bed and breakfast must be licensed by its appropriate county and local authorities as applicable.
Section 45-11-180. A bed and breakfast shall maintain appropriate bed and breakfast or other commercial insurance, including property and liability coverage as a lodging facility."
SECTION 2. This act takes effect upon approval by the Governor.