Ariz. Admin. Code § 9-8-1301

Current through Register Vol. 30, No. 36, September 6, 2024

Section R9-8-1301 - Definitions

In this Article, unless otherwise specified:

1. "Bathroom" means a structure or room that contains at least one toilet or urinal.

2. "Bedding" has the same meaning as in A.R.S. § 36-796.

3. "Clean" means free from dirt or debris.

4. "Common area" means any area of a lodging establishment, excluding areas within a lodging unit, that is provided by the lodging establishment for general use.

5. "Community kitchen" means a structure or room, excluding areas within a lodging unit, that is provided by a lodging establishment for preparing food.

6. "Compensation" means money or other consideration, including goods, services, vouchers, time, government or public expenditures, government or public funding, or another benefit that is received as payment.

7. "Distribution system" has the same meaning as in A.A.C. R18-4-103(B).

8. "Easily cleanable" means a characteristic of a surface that allows effective removal of dirt and debris by normal cleaning methods based on the material, design, construction, and installation of the surface.

9. "Faucet" means a fixture connected to a distribution system that provides and regulates the flow of potable water.

10. "Fixture" means an attachment to a structure.

11. "Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for human consumption.

12. "Human excreta" means fecal and urinary discharges and includes any waste that contains this material.

13. "Lavatory" means a sink or a basin with a faucet that supplies potable water and with a drain connected to a sewage collection system.

14. "Lodger" means the same as "transient" in A.R.S. § 42-5070(F).

15. "Lodging establishment" or "hotels, motels, or tourist courts" specified in A.R.S. § 36-136(I)(8) is defined in this Article to mean a place or portion of a place that offers two or more lodging units for lodgers to use in exchange for compensation, if:

a. The lodging units are located on a single plot of land,

b. Two or more lodging units are offered by the same owner or lessee, and

c. The lodging units are offered for a lodger to use for less than 30 consecutive days.

16. "Lodging unit" means the total space offered for overnight use as a single unit to an individual lodger or party of lodgers, if the space includes:

a. Bedding;

b. Sleeping material; and

c. The following:

i. A structure or room that has 3 or more sides and a top; or

ii. A mobile home, house trailer, recreational vehicle as defined in A.R.S. § 33-2102, houseboat, or other similar structure at a fixed location.

17. "Non-absorbent" means incapable of being penetrated by liquid, such as a material coated or treated with rubber, plastic, or other sealing substance.

18. "Owns" means to have the right to possess, use, and convey the interest.

19. "Person" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, a public or private organization of any character or another agency.

20. "Potable water" means water safe for human consumption that meets the requirements of 18 A.A.C. 4 or satisfies the requirements in R9-8-1305(4).

21. "Public health nuisance" means the activities or conditions dangerous to public health that are be subject to A.R.S. § 36-601.

22. "Refuse" has the same meaning as in A.A.C. R18-13-302.

23. "Refuse container" means a receptacle that is capable of being moved and is used for refuse storage.

24. "Regulatory authority" means

a. The Department; or

b. Under delegation, the following entities as specified in A.R.S. § 36-136(E):

i. A local health department,

ii. A county environmental department, or

iii. A public health services district.

25. "Responsible party" means the person who owns a lodging establishment or a designee of a person who owns the lodging establishment.

26. "Sanitary" means free from filth, bacteria, viruses, mold, and fungi.

27. "Sewage" has the same meaning as in A.A.C. R18-9-101.

28. "Sewage collection system" has the same meaning as in A.A.C. R18-9-101.

29. "Shower head" means a fixture connected to a distribution system that allows potable water to fall on a user's body.

30. "Shower room" means a structure or a room that contains at least one shower head and at least one floor drain.

31. "Sleeping material" means any of the following:

a. A sheet,

b. A pillow,

c. A pillowcase,

d. A blanket, or

e. A sleeping bag.

32. "Stored" means holding refuse before the refuse is disposed of according to A.A.C. R18-13-311 and R18-13-312.

33. "Toilet" means a water-flushed, chemical-flushed, or no-flush bowl for the disposal of human excreta.

34. "Urinal" means a water-flushed, chemical-flushed, or no-flush upright basin used for urination only.

35. "Utensil" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware.

Ariz. Admin. Code § R9-8-1301

Amended by final rulemaking at 25 A.A.R. 763, effective 3/6/2019.