Section 144-206-1-B - Applicability and Terms Defined1 APPROVED means acceptable to the Department, based on its determination as to conformance with appropriate standards and good public health practice.2 BED AND BREAKFAST see LODGING PLACES3 BUNKHOUSE see LODGING PLACES4 COMMON AREAS are parts of an establishment which are open to all guests. The term includes, but not by way of limitation, hallways, stairways, and vending areas.5 COMMON DRINKING CUPS are cups that are shared by two or more individuals or by all members of a group.6 COMMON TOWELS are towels that are shared by two or more individuals or by all members of a group.7 CORROSION-RESISTANT MATERIALS means those materials that maintain their original surface characteristics under prolonged normal use of cleaning compounds, bactericidal solutions, and other normal uses.8 COTTAGE see LODGING PLACES9 CRITICAL VIOLATION means a violation of these rules which is more likely than other rule violations to present a clear risk of contamination, illness, or environmental health hazard.10 DEPARTMENT means the Department of Human Services.11 DORMITORY see LODGING PLACES12 EASILY CLEANABLE means that surfaces which are readily accessible and made of such materials and finish, or so fabricated, that materials may be effectively removed by normal cleaning methods.13 EATING AND LODGING PLACE see LODGING PLACES14 EMPLOYER means the license holder or individual having supervisory or managerial duties at the licensed establishment.15 FOOT CANDLE is a standard unit, established as a point of reference, which is used when measuring quantity of light. One Foot Candle equals the total intensity of light which falls upon a one square foot surface placed 1 foot away from a point source of light that equals 1 candle power.16 GUEST HOME see LODGING PLACES17 HOTEL see LODGING PLACES18 LODGING PLACES means every building or structure, or any part thereof, used, maintained, advertised or held out to the public as a place where sleeping accommodations are furnished to the public for business purposes. The term includes, but not by way of limitation, hotels, motels, guest homes and cottages. A Lodging License is required for any person or entity which rents out four or more rooms or cottages. For exceptions to this definition, please refer to 22 M.R.S.A. §2501. The term LODGING PLACES include:
a BED AND BREAKFAST is a unique eating and lodging establishment where the general public can stay overnight, and are provided with a "limited menu," serving only a breakfast meal. This meal can be either a full breakfast or a continental breakfast. Unlike other food establishments, the meal is prepared in the private home. A lodging license is required regardless of the number of rooms;b BUNKHOUSE means and includes a rough simple building providing sleeping quarters, with or without bedding; or any other similar rustic dwelling which provides lodging. Bunkhouses that are part of a licensed campground or recreational camp are not lodging places;c COTTAGE means a single structure where sleeping accommodations are furnished to the public as a business for day, week, or month, but not for more than the entire summer season;d DORMITORY means a room in any establishment used for sleeping purposes by four (4) or more unrelated persons;e EATING AND LODGING PLACE or LODGING PLACE means every building or structure or any part thereof kept, used as, maintained as, advertised as or held out to the public to be a place where eating and sleeping or sleeping accommodations are furnished to the public as a business, such as hotels, motels, guest homes and cottages;f GUEST HOMES, HOTELS, and MOTELS are business establishments where sleeping accommodations are furnished to the public; and, g RECREATIONAL CAMP means and includes day camps, boys' and girls', family, hunting, fishing and similar camps.(Day camps and boys and girls camps, as defined in the Rules Relating to Boy's, Girl's, Boy's and Girl's, Day Camps, and Primitive and Trip Camping 10-144 CMR Chapter 208, are not lodging places subject to these rules.)19 MOTEL see LODGING PLACES20 PLUMBING FIXTURE means a receptacle or device that (1) is permanently or temporarily connected to the water distribution system of the premises and which requires a water supply from the system or (2)which discharges used water, waste materials, or sewage directly or indirectly into the drainage system of the premises.21 PLUMBING SYSTEM means the water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises; and water-treating equipment. 22 PRIVATE FACILITY is a facility funded by an individual, partnership or corporation, and which is not a public facility.23 PROPRIETOR means any person 18 years or older, corporation, partnership, firm, organization or municipality which operates or is responsible for the operation of a lodging establishment or eating and lodging establishment.24 PUBLIC FACILITY is any facility funded in whole or part by municipal, state or federal funds. These facilities shall include but not be limited to public schools, state controlled universities, mental and correctional facilities, etc.25 RECREATIONAL CAMP see LODGING PLACES26 SANITARIAN means a person whose education and experience in the biological and sanitary sciences qualify him to engage in the promotion and protection of the public health. He applies technical knowledge to solve problems of a sanitary nature and develops methods and carries out procedures for the control of those factors of man's environment which affect health, safety and well-being.27 SANITIZATION means effective bactericidal treatment by a process that provides enough accumulative heat or concentrations of chemicals for a time sufficient to reduce the bacterial count, including pathogens, to a safe level on surfaces of utensils and equipment.28 SERVICE ANIMAL means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.29 SHALL means that which is required; or the only acceptable method under these rules.30 SHOULD means the most preferable procedure or alternative under these rules.31 SINGLE-SERVICE ARTICLES shall mean cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, placemats, napkins, doilies, wrapping materials, toothpicks and similar articles which are constructed wholly or in part from paper, paper board, molded pulp, foil, wood, plastic, synthetic, or other readily destructible materials, and which are designed by the manufacturers and used by the public as for one-time, one-person use and then discarded.32 TABLEWARE shall mean all multi-use eating and drinking utensils, including flatware (knives, forks, spoons, dishware), and ice containers. 2 § 2501. Exceptions Private homes shall not be deemed or considered lodging places and subject to a license where not more than 3 rooms are let. A license shall not be required from dormitories of charitable, educational or philanthropic institutions, fraternity and sorority houses affiliated with educational institutions, or from private homes used in emergencies for the accommodation of persons attending conventions, fairs or similar public gatherings, nor from temporary eating and lodging places for the same, nor from railroad dining or buffet cars, nor from construction camps, nor from boarding houses and camps conducted in connection with wood cutting and logging operations, nor from any boarding care facilities or children's homes which are licensed under section 7801. [1977, c. 78, §148(amd).]
10- 144 C.M.R. ch. 206, § 1-B