Title 23 — Health and Safety

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 …

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…

Repealed by S.L. 1985, ch. 292, § 5. 23-09-05.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…

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 …

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…

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…

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…

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…

Repealed by S.L. 1997, ch. 33, § 25.

Repealed by S.L. 1975, ch. 106, § 673.

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…

Repealed by S.L. 1975, ch. 106, § 673.

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…

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…

Repealed by S.L. 2005, ch. 32, § 19.

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…

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.

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…

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.

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.

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…

This chapter does not apply to bed and breakfast facilities for which rules have been adopted under chapter 23-09.1.

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…

In this chapter, unless the context or subject matter otherwise requires: 1. "Campground" means any parcel of land containing three or more lots intended for occupancy by recreational vehicles or tents. 2. "Department" means the department of health and human services. 3. "Lot" m…

The department shall have general supervision over the health, safety, sanitary condition, and legal compliance as outlined in this chapter of all mobile home parks, recreational vehicle parks, and campgrounds in this state and may promulgate and enforce appropriate rules and reg…

The department shall accept state, federal, city, or county enforcement of local sanitation, safety, zoning, and inspection requirements in lieu of the enforcement of sanitation, safety, and inspection requirements of the department under this chapter if the department determines…

1. A person may not establish, maintain, change use, mix use, or enlarge a mobile home park, recreational vehicle park, or campground in this state without first obtaining a license from the department. 2. The application for the license must be made in writing to the department …

The department may inspect the premises as soon as practical after receiving an application for a mobile home park, recreational vehicle park, or campground license. If the department is satisfied from the application or inspection that the mobile home park, recreational vehicle …

Repealed by S.L. 2005, ch. 32, § 19.

The department shall issue a license to an applicant who meets all of the requirements of this chapter and any rules adopted by the department.

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, a renewal fee established rule, provided the licensee is in compliance with this chapter and any rules e…

The department shall transfer a license without charge if the proposed new owner applies in writing within thirty days of the date of sale for a transfer of the license and certifies that the mobile home park, recreational vehicle park, or campground will be operated in accordanc…

Every mobile home park, recreational vehicle park, and campground must be operated with strict regard for the health, safety, and comfort of its occupants. The following sanitary and safety regulations must be followed: 1. Location: Every mobile home park must be established and …

Service fees that reasonably reflect the cost of the service provided in a mobile home park, recreational vehicle park, or campground may be charged. Fees may not be charged unless a service is actually provided.

Repealed by S.L. 1975, ch. 106, § 673.

The owner or manager of a mobile home park, recreational vehicle park, or campground shall maintain a current record of the names of the occupants of the park or campground.

The owner or manager of a licensed mobile home park, recreational vehicle park, or campground conspicuously shall post or distribute a digital or hard copy of the relevant rules and regulations to each tenant in the park. Material required to be distributed or posted under this s…

The owner of a mobile home park, recreational vehicle park, or campground shall establish a procedure for responding to emergencies and complaints. The procedure must include the ability to reach a person who has the authority to perform, or direct the performance of, duties impo…

The owner or manager of a mobile home park, recreational vehicle park, or campground may eject any person from the premises for nonpayment of charges or fees for accommodations, for a violation of law, for disorderly conduct, for a violation of any regulation of the department, o…

1. The department may deny an application or take disciplinary action, up to and including suspension or revocation of a license for a mobile home park, recreational vehicle park, or campground, against any applicant or licensee upon the failure of the applicant or licensee to co…

If the owner of a mobile home park applies for the rezoning of a park, the owner shall post a notice of the proposed rezoning in the park at least five days before the public hearing on the rezoning. In addition, the owner of a mobile home park shall notify all tenants in that pa…

The amount of a security deposit may not be modified after the initial lease agreement between a mobile home park owner and a tenant has been executed by both parties.

In this chapter, unless the context or subject matter otherwise requires: 1. "Area of operation" includes: a. In the case of a housing authority of a city having a population of less than fifteen thousand inhabitants, the city and the area within five miles [8.05 kilometers] of t…

In each city and in each county of the state, there is created a public body corporate and politic to be known as the "housing authority" of the city or county, as the case may be. Such authority may not transact any business nor exercise any powers granted by this chapter until …

In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the authority, the authority must be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the…

The powers of each authority must be vested in the commissioners of the authority. The authority may delegate to one or more of its agents or employees such powers and duties as it deems proper.

The commissioners of an authority may employ a secretary who must be its executive director, and such technical experts, and other officers, agents, and employees, permanent and temporary, as it may require. The commissioners shall determine the qualifications of all persons empl…

A commissioner of an authority may be removed by the mayor, or in the case of an authority for a county, by the governing body of the county, for inefficiency, neglect of duty, or misconduct in office. A commissioner may be removed, however, only after having had an opportunity t…

An authority has the following powers and duties: 1. To exercise public and essential governmental functions. 2. To sue and be sued. 3. To have perpetual succession. 4. To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of th…

An authority shall fix the rentals for dwelling in its projects at no higher rates than it finds to be necessary in order to produce revenues which, together with all other available moneys, revenues, income, and receipts of the authority from whatever source derived will be suff…