North Dakota Administrative Code

1. The department may inspect the servicing, maintenance, and operation of vending machines and commissaries as often as needed to determine compliance with this chapter. The department, after proper identification, shall be permitted to enter at any reasonable time upon any priv…

1. Food, consumer containers, equipment maintenance, and operations. a. Food intended for sale through vending machines and condiments available at vending machine locations shall be obtained from sources complying with the regulations of North Dakota. Such food shall be wholesom…

No person, while affected with any disease in a communicable form, or while a carrier of such disease, or while afflicted with boils, infected wounds, sores, or an acute respiratory infection, shall work in any area of a commissary or vending operation in any capacity in which th…

When the department has reasonable cause to suspect the possibility of disease transmission from any employee, the department shall secure a morbidity history of the suspected employee or make such other investigation as may be indicated, and take appropriate action. The departme…

Food from commissaries outside of North Dakota may be sold within the state if such commissaries conform to the provisions of the food-service establishment sanitation regulations of North Dakota, or to substantially equivalent provisions. To determine the extent of compliance wi…

Code by reference. The provisions of the United States food and drug administration 2017 Model Food Code and its supplement are adopted by reference into this chapter, with the following modifications: 1. Paragraph 1-201.10 Statement of Application for Listing of Terms. For purpo…

Every sleeping room in a lodging establishment or assisted living facility shall be equipped with a smoke detection device which has been inspected and listed by underwriters laboratories, factory mutual engineering division or equivalent. Smoke detectors shall be installed in ac…

Lodging establishments or assisted living facilities without direct access from sleeping rooms to the outside shall have hallways or exit corridors equipped with listed smoke detection devices. Hallway or exit corridor smoke detection devices shall be wired into an approved fire …

At least one sleeping room in every lodging establishment or assisted living facility shall be equipped with a listed smoke detection device capable of producing at least eighty-five decibels of sound at ten feet [3.05 meters] and capable of flashing a two hundred fifty watt bulb…

After a smoke detection system has been initially installed, the lodging establishment or assisted living facility owner or manager shall certify in writing to the state department of health that the system has been tested and that each smoke detection device is working properly.…

1. No smoke detection device shall be approved unless the device installer: a. Instructs the owner or manager in the operation of the system. b. Provides the owner or manager with a set of written instructions for the proper maintenance and testing of the system. 2. The owner or …

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 influenc…

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…

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…

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 pub…

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, overhe…

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…

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 breakfa…

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, 198…

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 bath…

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 b…

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 effec…

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. 5 2. Household cleaning agents such as bleaches, detergents, and polishes shall be stored out of …

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 a…

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 migh…

Repealed effective January 1, 1990.

Repealed effective January 1, 1990.

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. Th…

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 init…

Before any beverage bottler, manufacturer, processor, importer, jobber, or other retailer sells or distributes any nonalcoholic beverage in North Dakota, that beverage must be licensed by the department. The license fees for beverages are as follows: 1. Soda water, ginger ale, ro…

1. The proprietors of food establishments, assisted living facilities, schools, or child care food service establishments shall pay the following annual, administration, and plan review license fees: a. For a restaurant or catering kitchen used for general food service, one hundr…

Emergency lighting for means of egress shall be provided in all assisted living facilities. Emergency illumination shall be provided for not less than one and one-half hours in the event of failure of normal lighting. Emergency lighting facilities shall be arranged to provide ini…

All assisted living facilities must have a current, written emergency disaster plan. That plan must contain a plan for evacuation, addresses elements of sheltering in place, identifies temporary relocation sites, and details staff assignments in the event of a disaster or an emer…

If sprinkled, systems should be inspected and maintained according to National Fire Protection Association 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems. Smoke detection systems shall be installed and maintained as specified in c…

Repealed effective October 1, 2021.

Repealed effective October 1, 2021.

Repealed effective October 1, 2021.

1. Authorized representatives of the department or local regulating authority may access a cottage food production area of a cottage food operator's private home, point of sale, or venue where transactions of cottage foods take place to conduct an investigation upon complaint of …

A cottage food operator or member of the cottage food operator's private home afflicted with symptoms consistent with a contagious or infectious disease may not knowingly: 1 1. Handle or prepare cottage food products; or 2. Work in a cottage food production area. History: Effecti…

Words defined in North Dakota Century Code chapter 23-27 have the same meaning in this chapter. 1. "Advanced emergency medical technician" means an individual certified by the national registry as an advanced emergency medical technician. An advanced emergency medical technician …

The department acknowledges the following emergency medical services courses and personnel: 1. Courses leading to national registry certification: a. Emergency medical responder; b. Emergency medical technician; c. Advanced emergency medical technician; and d. Paramedic. 2. Cours…

services personnel. The department shall authorize all courses leading to approval, certification, or licensure by the department prior to the course being conducted in North Dakota contingent upon the course being offered by a licensed emergency medical services training institu…

training course graduates. Repealed effective April 1, 2024.

An entity or individual that offers continuing education shall follow the continuing education policy as published in the department's emergency medical services instructor handbook. History: Effective July 1, 2010; amended effective April 1, 2024. General Authority: NDCC 23-27-0…

enhancement courses. Repealed effective April 1, 2024.

courses. Repealed effective April 1, 2024.

The department may deny, suspend, or revoke the certification or licensure of an individual who: 1. Has misrepresented to others that the individual is a physician, nurse, or health care provider other than the highest level for which they are certified or licensed. 2. Is incapab…

The department may perform criminal history background checks on any applicant requesting a certification or license or an individual requesting to be listed on an ambulance service or quick response unit's roster as a driver. A driver may be denied participation in any emergency…

The department may revoke an individual's certification or license after making a diligent effort to: 1. Inform the individual by the department of the allegations. 2. Inform the individual of the department's investigation results. 3. Inform the individual of the department's in…

A request for hearing must be received by the department no later than twenty days following the individual's receipt of the allegations against the individual. If a hearing is requested, the department will apply to the office of administrative hearings for appointment of a hear…