Title 23 — Health and Safety
97 chapters · 659 sections in this title.
N.D.C.C. § 23-09-01 Definitions
6.1K chars
In this chapter, unless the context otherwise requires: 1. "Assisted living facility" means a building or structure containing a series of at least five living units operated as one entity to provide services for five or more individuals who are not related by blood, marriage, or…
N.D.C.C. § 23-09-02 Department to enforce provisions of chapter
0.9K chars
The department shall enforce the provisions of this chapter. Under no circumstances may any other state agency adopt rules that relate in any way to the provisions of this chapter. 23-09-02.1. Smoke detection devices or other approved alarm systems - Administrative procedure and …
N.D.C.C. § 23-09-03 Exiting requirements
0.8K chars
Every lodging establishment and assisted living facility constructed in the state shall have adequate exiting as defined by the state building code in chapter 54-21.3 and state fire code in chapter 18-01 with the following exceptions: 1. All lodging establishments and assisted li…
N.D.C.C. § 23-09-04 Fire escapes in hotels and lodginghouses not more than two stories high
0.5K chars
Repealed by S.L. 1985, ch. 292, § 5. 23-09-05. Fire escapes to be kept clear - Notice of location and use of fire escapes required. Access to fire escapes required under this chapter must be kept free and clear at all times of all obstructions of any nature. The proprietor of the…
N.D.C.C. § 23-09-06 Chemical fire extinguishers - Standpipes
1.2K chars
Each lodging establishment or assisted living facility must be provided with fire extinguishers as defined by the national fire protection association standard number ten in quantities as defined by the state building code and the state fire code. Standpipe and sprinkler systems …
N.D.C.C. § 23-09-08 Bolts or locks to be supplied on doors of sleeping rooms
0.6K chars
The doors of all rooms used for sleeping purposes in any lodging establishment within this state must be equipped with proper bolts or locks to permit the occupants of such rooms to lock or bolt the doors securely from within the rooms. The locks or bolts must be constructed in a…
N.D.C.C. § 23-09-09 Sanitation and safety
2.7K chars
Every food establishment, lodging establishment, and assisted living facility must be operated with strict regard for the health, safety, and comfort of its patrons. The following sanitary and safety regulations must be followed: 1. Every food establishment, lodging establishment…
N.D.C.C. § 23-09-10 Drinking water standards
0.3K chars
Every person operating a food establishment, lodging establishment, or assisted living facility shall see that the drinking water supplied therein is obtained from an approved source that is a public water system or a nonpublic water system that is constructed, maintained, and op…
N.D.C.C. § 23-09-11 Inspection - Reports
0.5K chars
Every lodging establishment, food establishment, or assisted living facility must be inspected at least once every two years by the department. Food establishments and assisted living facilities must be inspected based on a system of risk categorization which involves types of fo…
N.D.C.C. § 23-09-12 Certificate of inspection - When issued - Posting
0.0K chars
Repealed by S.L. 1997, ch. 33, § 25.
N.D.C.C. § 23-09-13 False certificate - Penalty
0.0K chars
Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 23-09-14 Department to report to state fire marshal
0.6K chars
The department, before the sixth day of each month, shall report to the state fire marshal on all food establishments, lodging establishments, or assisted living facilities inspected by the department during the preceding month, paying particular attention in the report to the vi…
N.D.C.C. § 23-09-15 Obstructing inspection - Penalty
0.0K chars
Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 23-09-16 License - Application
1.2K chars
Before any food establishment, lodging establishment, pushcart, mobile food unit, or assisted living facility may be operated in this state, it must be licensed by the department. The department shall waive the license requirement for any food establishment, lodging establishment…
N.D.C.C. § 23-09-16.1 License renewal
1.1K chars
1. A license issued under this chapter expires on December thirty-first of each year. 2. A license may be renewed by December thirty-first by submitting a renewal application and a renewal fee established by the department by rule, provided the licensee is in compliance with this…
N.D.C.C. § 23-09-17 License fees
0.0K chars
Repealed by S.L. 2005, ch. 32, § 19.
N.D.C.C. § 23-09-18 Failure to comply with chapter - Notice - How served
0.7K chars
The department may deny an application or take disciplinary action against the license of an applicant or a licensee upon the failure of the applicant or licensee to comply with this chapter or with any of the rules adopted by the department. Before the department takes disciplin…
N.D.C.C. § 23-09-19 State's attorney to prosecute violation
0.2K chars
The state's attorney of any county of this state, upon complaint on oath of an inspector of the department, shall prosecute in the name of the state of North Dakota a proper proceeding against any person violating any provision of this chapter.
N.D.C.C. § 23-09-20 Requirements of fireproof hotel - Penalty for false advertising
0.3K chars
No person may advertise as fireproof a building or hotel unless all foundations, floors, roofs, walls, stairways, stairs, elevator shafts, and dumbwaiter shafts are constructed of concrete, brick, terra cotta blocks, steel, or other fireproof material. Any person violating the pr…
N.D.C.C. § 23-09-20.1 Guest record
0.2K chars
A record must be kept in each lodging establishment in which every individual patronizing the lodging establishment shall write that individual's name and address and the number of members in the party who will occupy a room or rooms therein.
N.D.C.C. § 23-09-21 Penalty - General
0.2K chars
Any person operating a food establishment, lodging establishment, or assisted living facility in this state, or letting a building used for such business, without first having complied with this chapter, is guilty of a class B misdemeanor.
N.D.C.C. § 23-09-22 License canceled
0.3K chars
Whenever the proprietor of a food establishment, lodging establishment, or assisted living facility has been convicted of a violation of this chapter and for a period of ten days after the conviction fails to comply with any provision of this chapter, the department may cancel th…
N.D.C.C. § 23-09-23 Exemption for bed and breakfast facilities
0.1K chars
This chapter does not apply to bed and breakfast facilities for which rules have been adopted under chapter 23-09.1.
N.D.C.C. § 23-09-24 Salvaged food - License required
0.8K chars
It is unlawful for a person to claim to be a salvaged food distributor or to engage in the activity of selling, distributing, or otherwise trafficking in distressed or salvaged food, or both, at wholesale, without a license issued under this chapter authorizing that person to ope…