§ 68-14-503 — Authority of commissioner - Bed and breakfast homestay exemptions

The commissioner is authorized to: (1) Carry out or cause to be carried out all provisions of this part; (2) Collect all fees provided for in this part and apply the fees in accordance with the procedures of the department of finance and administration to the necessary and incidental costs of administration of this part. Nothing in this part shall be construed to prohibit the department of health from receiving by way of general appropriation such sums as may be required to fund adequately the implementation of this part, as recommended in the annual budget by the governor to the general assembly; (3) (A) Prescribe rules and regulations governing the alteration, construction, sanitation, safety and operation of establishments, as may be necessary to protect the health and safety of the public, and to require every bed and breakfast establishment to comply with these rules and regulations; provided, that the commissioner shall not prescribe any such rules and regulations in conflict with the minimum statewide building construction standards established by the state fire marshal pursuant to § 68-120-101 ; (B) (i) Homestays shall be exempt from the rules and regulations applicable to bed and breakfast establishments, and the commissioner shall not be required to inspect or issue permits for such facilities. Homestays shall be regulated by the state fire marshal in accordance with the minimum statewide building construction standards applicable to residential property composed of one- and two-family units, in the same manner as such property would be regulated if it were not used as a bed and breakfast homestay; (ii) This subdivision (3)(B) shall only apply to homestays located in a structure of historical significance. For the purposes of this subdivision (3)(B), a "structure of historical significance" is a structure listed on the National Register of Historic Places, or is determined by the state historical commission to be eligible to be placed on the National Register of Historic Places, or is a structure that is within an area designated by the local governing body as a historical or conservation district; (4) Inspect or cause to be inspected at least once every six (6) months, or as often as the commissioner deems necessary, every establishment in the state to determine compliance with this part and rules and regulations; (5) Issue or cause to be issued, suspend and revoke permits to operate establishments as provided in this part; (6) Notify the owner, proprietor or agent in charge of any establishment of the changes or alterations that may be necessary to effect complete compliance with this part and rules and regulations governing the construction, alteration and operation of the facilities, and to close the facilities for failure to comply within specified times as provided in this part and rules and regulations; and (7) Enter into an agreement or contract with county health departments whereby the departments would implement this part or its equivalent in their respective areas of jurisdiction if the commissioner deems it to be appropriate; provided, that the following conditions shall apply: (A) State reporting requirements shall be met by the county health department or departments; (B) The county health department's program standards shall be at least as stringent as those of the state law and regulations; (C) The commissioner shall retain the right to exercise oversight and evaluation of performance of the county health department or departments and to terminate the agreement or contract for cause immediately, or otherwise upon reasonable notice; (D) The commissioner may set such other fiscal, administrative or program requirements as the commissioner deems necessary to maintain consistency and integrity of the statewide program; and (E) Staffing and resources shall be adequate to implement and enforce the program in the local jurisdiction.

Legislative History

Acts 1990, ch. 884, § 4; 1994, ch. 646, § 2.