Title 10, Health and Safety

For the purposes of this Chapter, titles and subtitles of Articles, Sections, and Subsections are instructive, but not binding.

other affected agencies are authorized to promulgate and implement such rules and regulations as are reasonable and necessary to implement and effectuate the provisions of this Chapter. The public health authority and other affected agencies shall have the power to enforce the pr…

(a) Transfer of Funds. I Maga=låhen Guahån [The Governor] may transfer from the General Fund up to One Hundred Thousand Dollars ($100,000.00) monthly as an emergency appropriation upon the declaration of a public health emergency, and upon notification to the United States Center…

(a) Immunity. Neither the government of Guam, nor, except in cases of gross negligence or willful misconduct, I Maga=lahen Guåhan [The Governor] , the public health authority or any other government or local official referenced in this Chapter, is liable for the death of or any i…

(a) Taking. Compensation for property shall be made only if private property is lawfully taken or appropriated by a public health authority for its temporary or permanent use during a state of public health emergency declared by I Maga=lahen Guåhan [The Governor] pursuant to this…

The provisions of this Chapter are severable. If any provision of this Chapter or its application to any person or circumstances is held invalid in a Federal or local court having jurisdiction, the invalidity will not affect other provisions or applications of this Chapter that c…

This Chapter does not explicitly preempt other laws or regulations that preserve to a greater degree the powers of I Maga=lahen Guåhan [The Governor] or public health authority; provided, such laws or regulations are consistent, and do not otherwise restrict or interfere, with th…

(a) Federal Supremacy. This Chapter does not restrict any person from complying with Federal law or regulations. (b) Prior Conflicting Acts. In the event of a conflict between this Chapter and other local laws or regulations concerning public health powers, the provisions of this…

The provisions of this Chapter shall take effect upon signature of I Maga=lahen Guåhan [The Governor]. ----------

As used in this Part: (a) Department means the Department of Public Health and Social Services; (b) Director means the Director of the Department of Public Health and Social Services; (c) Person includes any individual, firm, partnership, joint venture, association, trust, estate…

The Director has general supervision of environmental health and shall be responsible for carrying out the provisions of this Part. SOURCE: GC § 9500.2.

There shall be in the Department a Division of Environmental Health the functions of which shall be the carrying out of the provisions of this Part. SOURCE: GC § 9500.3.

The Director may authorize any personnel to act his on behalf in the enforcement of this Part and such personnel shall have the authority to act in the name of the Director to the extent authorized by him. SOURCE: GC § 9500.4.

The Director may adopt and promulgate such rules and regu- lations as may be necessary, in accordance with the Administrative Adjudication Act to carry out the provisions of this Part. SOURCE: GC § 9500.5.

The Director is authorized to make inspections of all public and private grounds, buildings, vehicles, aircraft, ships and other places, except private homes in order to carry out the provisions of this Part. He may order compliance with the provisions of this Part and the immedi…

Any condition which the Director deems a public nuisance shall be subject to immediate abatement. Every person who maintains or commits any public nuisance, on either public or private property, or who willfully omits to perform any legal duty relating to the removal of a public …

Every person who maintains, permits or allows a public nuisance to exist upon his property and every person occupying or leasing the property of another who maintains, permits or allows a public nuisance to exist thereon after receiving personal notice in writing from the Directo…

Upon serving notice of the existence of a public nuisance to the responsible person, the Director shall allow the person a reasonable period of time to abate the nuisance. The time allotted by the Director shall be based upon the threat of disease or injury to the public if the n…

Should complete abatement of a public nuisance require more than ten (10) days, the Director may permit additional time for abatement provided: (a) Temporary abatement measures are instituted within three (3) days; and (b) Such temporary measures shield the public from the danger…

Every day beyond the time allotted in § 20109 is a separate and distinct offense. In addition or as an alternative to the other remedies provided herein, the Attorney General may apply, following noncompliance with the notice, to the court of competent jurisdiction for an injunct…

In lieu of, or in addition to the action authorized by § 20107, the Director is authorized to abate and remove any public nuisance if after written notice to the owner of the premises on which any public nuisance exists, the public nuisance continues unabated. The cost of the aba…

Upon request of the Director, the Director of Public Works shall, using special appropriations of the Department, abate or remove any public nuisance whether on public or private property, and shall provide the necessary personnel and equipment. Upon the request of the Director, …

The Director shall keep a separate accounting of all funds spent from the special appropriation and this accounting shall be submitted to the Governor and Legislature at the end of each fiscal year. The accounting shall include the name of the owner of the property, the location …

Should the Director find it necessary to abate a public nuisance or abate some other violation of this Part, the Director or his agents, the Director of Public Works or his agents or the government of Guam shall not be held liable for any damages that may occur as a result of sai…

Whenever written notice is required or authorized under this Part, such notice may be given by the Director, his authorized representative or any other person who may be authorized by law by serving a copy of such notice personally upon the person to be served or by leaving a cop…

The Director shall investigate any bona fide complaint relative to any alleged violation of this Part and take such action as he may deem necessary. SOURCE: GC § 9500.17.

Any person who violates any provision of this Part or any valid rule or regulation promulgated under this Part or who refuses or neglects to comply with any order issued by the Director or other officers and personnel of the Department in the carrying out of the provisions of thi…

Any and all fees collected pursuant to laws or rules and regulations enforced by the Division of Environmental Health of the DPH&SS shall be deposited into the Environmental Health Fund. SOURCE: GC § 9500.19. Amended by P.L. 27-080:3 (Apr. 30, 2004).

Any and all fines pursuant to laws or rules and regulations enforced by the Division of Environmental Health of the DPH&SS shall be deposited into the General Fund. SOURCE: Added by P.L. 27-080:5 (Apr. 30, 2004). ----------

It shall be unlawful for any person to operate or open for business: (a) any establishment or activity as defined in Chapter 23 or Chapter 24; (b) any institutional facility as defined in Chapter 25; (c) any hotel as defined in Chapter 26; (d) any cosmetic establishment as define…

(a) The Director shall promulgate regulations as required relative to the physical structure required for sanitary operations of: COL 2026-04-23 (1) establishments as defined in Chapter 23 or Chapter 24; (2) institutional facilities as defined in Chapter 25; (3) hotels as defined…

(a) The form of the permit shall be prescribed by the Director. All permits applicable thereto shall be issued on an annual basis and, regardless of when issued, shall expire one (1) year after the date for which issued or renewed. (b) All permits applicable thereto which are alr…

Notwithstanding any other provision of law, the Director or his/her designee shall inspect an establishment or activity subject to this Chapter at a frequency based upon the policy adopted by him or her that takes into consideration its existing resources and the health risk the …

One (1) copy of the inspection report shall be posted by the Director in a conspicuous place on the premises designated by him. No person other than the Director shall remove, deface, destroy or conceal such report. The original of the report shall be retained by the Director. SO…

Whenever the Director makes an inspection, he shall record his findings on an inspection report form to the permit holder or operator. For each violation, a demerit value shall be assigned. Upon completion of an inspection, the Director shall total the demerit point values for al…

Whenever the Director or his/her designee makes an inspection and discovers that any of the applicable law or rule has been violated, he/she shall notify the permit holder or operator of such violations by means of an inspection report form or other written notice. In such notifi…

Notices provided for under this Section shall be deemed to have been properly served when a copy of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail retu…

(a) A permit may be suspended by the Director pursuant to § 21107(2)(d) or upon the violation by the holder or by a person in his employ or under his supervision or control of any of the provisions of this Part. COL 2026-04-23 (b) Suspension of a permit may be imposed without pri…

When the holder of a permit believes he has corrected a condition upon his premises or some other violation for which his permit has been suspended, he may make application to the Director for reinstatement of the permit. This application may be in the form of a letter. Upon the …

When a permit has been revoked, it no longer has any validity and may not be reinstated except upon order of a court. SOURCE: GC 9510.10.

No person whose permit has been revoked shall be eligible to obtain a new permit for a period of six (6) months. SOURCE: GC § 9510.11.

The Director shall effect the closing of any establishment or activity whose permit has been suspended or revoked. Upon the request of the Director, the Chief of Police shall provide police personnel to enforce such closing. SOURCE: GC § 9510.12. COL 2026-04-23 2024 NOTE: Past pr…

Whenever any establishment requiring a permit is closed by the Director, the Director shall post a notice, easily visible to the public, stating that said establishment is closed by order of the Director. SOURCE: GC 9510.13.

Upon the suspension or revocation of a permit, the Director is to notify the Department of Revenue and Taxation of the name and location of the business. SOURCE: GC § 9510.14. Amended by P.L. 37-087:6 (April 3, 2024).

The Director shall notify the Chief of Police of any suspension or revocation of a permit. SOURCE: GC § 9510.15. 2024 NOTE: Past print publications included an annotation from the Compiler indicating that references to “Director of Public Safety” had been replaced with “Chief of …

It shall be unlawful to transfer a permit to another person or to another location or to post it on or use it in any way in connection with any other premises than that for which it is issued. NOTE: GC § 9510.16. ---------- COL 2026-04-23