Current through 2024-44, October 30, 2024
Section 041-26-26.130 - Establishment - Health and Safety Standards26.131 The establishment owner shall keep the floors, walls, ceilings, shelves, furniture, furnishings, and fixtures clean and in good repair. Any cracks, holes, or other similar disrepair shall be repaired within a reasonable time period.26.132 Floors where any service is performed, restrooms, and dispensaries shall be of a non-porous material that is washable, except that anti-slip floor applications or plastic floor coverings may be used for safety purposes. Carpet is permitted in all other areas of the establishment, but shall be kept clean, free from debris and in good repair. Establishments currently licensed and operating at the time of adoption of these rules are exempt from this requirement until such time as a change in ownership occurs. A change in ownership will require the facility to comply with this provision. An establishment with a lapsed license of a period greater than ninety (90) days that files an application for reinstatement is considered as a new establishment for purposes of licensure. 26.133 Food or beverages shall not be prepared in any of the areas of a licensed establishment where services are rendered or performed. 26.134 The establishment shall be adequately ventilated at all times. Outside exhaust systems or fans and air filtration that is continually in use and operational to exhaust fumes and strong odors from chemicals and other products away from service and public areas, and provide for the input of fresh air, shall be used. Establishments currently licensed and operating at the time of adoption of these rules are exempt from this requirement until such time as a change in ownership occurs. A change in ownership will require the establishment to comply with this provision. An establishment with a lapsed license of a period greater than ninety (90) days that files a reinstatement application is considered as a new establishment for purposes of compliance. 26.135 An establishment shall provide direct entry into the establishment or from a public access area. The practice area where client services are performed may not be used for public access to another business. 26.136 The establishment shall not be utilized for living, sleeping, or any other purpose other than what is intended under the license issued. Establishments connected to or within a private home or living quarters shall provide a separate entrance directly into the establishment or from a public access area, and doors and entrances opening into the home or living quarters shall be kept closed during business hours. 02-041 C.M.R. ch. 26, § 26.130