Bill Summary – FastDemocracy

8053.01000
     Sixty-eighth
     Legislative Assembly                         SENATE BILL NO. 2082
     of North Dakota
     Introduced by
        State and Local Government Committee
        (At the request of the Department of Health and Human Services)
  A BILL for an Act to amend and reenact sections 23-09-01, 23-09-03, 23-09-05, and 23-09-07 of
  the North Dakota Century Code, relating to food and lodging establishments and assisted living
  facilities.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
       SECTION 1. AMENDMENT. Section 23-09-01 of the North Dakota Century Code is
  amended and reenacted as follows:
       23-09-01. Definitions.
       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 guardianship to the owner or manager of
               the entity and which is kept, used, maintained, advertised, or held out to the public as
               a place that provides or coordinates individualized support services to accommodate
               the individual's needs and abilities to maintain as much independence as possible. An
               assisted living facility in this chapter includes a facility that is defined as an assisted
               living facility in any other part of the code. An assisted living facility does not include a
               facility that is a congregate housing facility, licensed as a basic care facility, or licensed
               under chapter 23-16, chapter 23-17.7, chapter 25-16, or section 50-11-01.4.
      2.       "Bakery" means an establishment or any part of an establishment that manufactures
               or prepares bread or bread products, pies, cakes, cookies, crackers, doughnuts, or
               other similar products, or candy, whether plain; chocolate or chocolate coated; mixed
               with nuts, fruits, or other fillers; covered with chocolate or other coating; and shaped,
               molded, or formed in various shapes. The term does not include food service
               establishments nor home cake decorators.
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      3.   "Commissary" means a catering establishment, restaurant, or any other place in which
           food, containers, or supplies are kept, handled, prepared, packaged, or stored,
           including a service center or base of operations directly from which mobile food units
           are supplied or serviced. The term does not include an area or conveyance at a
           vending machine location used for the temporary storage of packaged food or
           beverages.
      4.   "Department" means the department of health and human services.
      5.   "Food establishment" means any fixed restaurant, limited restaurant, coffee shop,
           cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain,
          tavern, bar, catering kitchen, delicatessen, bakery, grocery store, meat market, food
          processing plant, school, child care, mobile or temporary food establishment, or similar
          place in which food or drink is prepared for sale or service to the public on the
          premises or elsewhere with or without charge.
     6.   "Food processing plant" means a commercial operation that manufactures, packages,
          labels, or stores food for human consumption and does not provide food directly to a
          consumer.
     7.   "Limited restaurant" means a food service establishment that is restricted to a specific
          menu as determined by the department or an establishment serving only prepackaged
          foods, such as frozen pizza and sandwiches, which receive no more than heat
          treatment and are served directly in the package or on single-serve articles.
     8.   "Lodging establishment" includes every building or structure, or any part thereof, which
          is kept, used, maintained, or held out to the public as a place where sleeping
          accommodations are furnished for pay to transient guests for a charge. The term does
          not include a facility providing personal care services directly or single structures with
          five or fewer guest rooms and ten or fewer total occupants, a series or group of
          buildings or structures containing five or fewer guest rooms and ten or fewer total
          occupants operated as one entity under a single ownership on the same property or
          physical location, or a facility providing personal care services directly through contract
          services as defined in section 23-09.3-01 or 50-32-01.
     9.   "Mobile food unit" means a vehicle-mounted food service establishment designed to
          be readily movable.
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     10.   "Proprietor" includes the person in charge of a food establishment, lodging
           establishment, or assisted living facility, whether as owner, lessee, manager, or agent.
     11.   "Pushcart" means a non-self-propelled vehicle limited to serving nonpotentially
           hazardous food or commissary-wrapped food maintained at proper temperatures.
     12.   "Restaurant" includes every building or other structure, or any part thereof, and all
           buildings in connection therewith, that are permanently kept, used, maintained,
           advertised, or held out to the public as a place where meals or lunches are served, but
           where sleeping accommodations are not furnished. The term includes a limited
           restaurant restricted to a specified menu.
    13.   "Retail food store" means any establishment or section of an establishment where
          food and food products are offered to the consumer and intended for offpremise
          consumption. The term includes a delicatessen that offers prepared food in bulk
          quantities only. The term does not include an establishment that handles only
          prepackaged nonpotentially hazardous foods, roadside market that offers only fresh
          fruits and vegetables for sale, food service establishment, or food and beverage
          vending machine.
    14.   "Retail meat market" means a commercial establishment and buildings or structures
          connected with it, used to process, store, or display meat or meat products for retail
          sale to the public for human consumption. The term does not include a meat
          establishment operating under the federal or state meat inspection program.
    15.   "Salvage processing facility" means an establishment engaged in the business of
          reconditioning or by other means salvaging distressed merchandise for human
          consumption or use.
    16.   "Temporary food service establishment" means any food service establishment that
          operates at a fixed location for not more than fourteen consecutive days. The term
          does not include a nonprofit public-spirited organization or person providing a limited
          type of food service as defined in chapter 23-09.2.
    17.   "Transient guest" means occupancy of a guest room for a period of fewer than thirty
          consecutive days or one month, whichever is more.
    SECTION 2. AMENDMENT. Section 23-09-03 of the North Dakota Century Code is
 amended and reenacted as follows:
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      23-09-03. Exiting requirements.
      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 living facilities in existence at the time of
            implementation of this section are required to continue with fire escapes previously
            provided for within this section providing that they are deemed adequate by the local
            fire authority having approval, or by the state fire marshal's office.
      2.    If the lodging establishment or assisted living facility is provided with exterior access
           balconies connecting the main entrance door of each unit to two stairways remote
           from each other.
     SECTION 3. AMENDMENT. Section 23-09-05 of the North Dakota Century Code is
 amended and reenacted as follows:
     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 lodging establishment or assisted living
 facility shall provide for adequate exit lighting and exit signs as defined in the state building
 code, chapter 54-21.3, and state fire code, chapter 18-01.
     SECTION 4. AMENDMENT. Section 23-09-07 of the North Dakota Century Code is
 amended and reenacted as follows:
     23-09-07. Lodging establishments or assisted living facilities with elevators -
 Protection to prevent spread of fire.
     All new construction of, remodeling of, or additions to lodging establishments or assisted
 living facilities equipped with passenger or freight elevators must comply with state building
 code fire protection requirements and state fire code, chapter 18-01.
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Statutes affected: 
INTRODUCED: 23-09-01, 23-09-03, 23-09-05, 23-09-07
FIRST ENGROSSMENT: 23-09-01, 23-09-03, 23-09-05, 23-09-07
Enrollment: 23-09-01, 23-09-03, 23-09-05, 23-09-07