S*593 Session 112 (1997-1998)
S*0593(Rat #0352, Act #0300 of 1998) General Bill, By Ravenel, Hayes,
McConnell, Passailaigue and M.T. Rose
Similar(H 3501)
A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
LODGING FACILITIES, BY ADDING CHAPTER 4, SO AS TO ENACT THE "SOUTH CAROLINA
BED AND BREAKFAST ACT," TO SPECIFICALLY DEFINE "BED AND BREAKFAST" TO INCLUDE
A "BED AND BREAKFAST INN", A "HOME STAY BED AND BREAKFAST", AND A "COUNTRY
INN", TO SPECIFICALLY EXCLUDE CERTAIN OTHER TYPES OF TRANSIENT ACCOMMODATIONS,
AND TO PROVIDE HEALTH AND SAFETY REGULATIONS FOR OPERATION OF A NEW OR
EXISTING BED AND BREAKFAST IN SOUTH CAROLINA.-AMENDED TITLE
04/01/97 Senate Introduced and read first time SJ-9
04/01/97 Senate Referred to Committee on Labor, Commerce and
Industry SJ-9
05/22/97 Senate Committee report: Favorable Labor, Commerce and
Industry SJ-14
05/27/97 Senate Read second time SJ-23
05/27/97 Senate Ordered to third reading with notice of
amendments SJ-23
05/29/97 Senate Read third time and sent to House SJ-60
06/03/97 House Introduced and read first time HJ-73
06/03/97 House Referred to Committee on Labor, Commerce and
Industry HJ-73
04/01/98 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-3
04/07/98 House Amended HJ-402
04/07/98 House Read second time HJ-405
04/08/98 House Read third time and returned to Senate with
amendments HJ-32
05/14/98 Senate Concurred in House amendment and enrolled SJ-25
05/21/98 Ratified R 352
05/27/98 Signed By Governor
05/27/98 Effective date 05/27/98
06/10/98 Copies available
06/10/98 Act No. 300
(A300, R352, S593)
AN ACT TO AMEND TITLE 45, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO LODGING FACILITIES, BY
ADDING CHAPTER 4, SO AS TO ENACT THE SOUTH CAROLINA
BED AND BREAKFAST ACT, TO SPECIFICALLY DEFINE "BED
AND BREAKFAST" TO INCLUDE A "BED AND BREAKFAST INN",
A "HOME STAY BED AND BREAKFAST", AND A "COUNTRY
INN", TO SPECIFICALLY EXCLUDE CERTAIN OTHER TYPES OF
TRANSIENT ACCOMMODATIONS, AND TO PROVIDE HEALTH
AND SAFETY REGULATIONS FOR OPERATION OF A NEW OR
EXISTING BED AND BREAKFAST IN SOUTH CAROLINA.
Be it enacted by the General Assembly of the State of South Carolina:
Defines and regulates a bed and breakfast
SECTION 1. Title 45 of the 1976 Code is amended by adding:
"CHAPTER 4
South Carolina Bed and Breakfast Act
Section 45-4-10. This chapter shall be cited as the 'South Carolina
Bed and Breakfast Act'.
Section 45-4-20. As used in this chapter:
(A) 'Bed and breakfast' means a residential-type lodging facility having
no more than ten guestrooms where transient guests are fed and lodged for
pay. This chapter does not apply to other types of transient
accommodations, such as hotels, motels, motor inns, resorts, rooming
houses, boarding houses, hunting lodges, or campgrounds. The phrase
includes the following types of residential-type lodging facilities:
(1) 'bed and breakfast' or 'bed and breakfast inn', which are
residential-type lodging facilities that have three to ten guestrooms and
that serve only breakfast to registered guests;
(2) 'home stay bed and breakfast', a residential-type lodging facility
that has one to three guestrooms and that serves only breakfast to
registered guests; and
(3) 'country inn', a residential-type lodging facility that has three to
ten guestrooms and that serves breakfast to registered guests.
(B) 'Residential-type lodging facility', means a facility that:
(1) serves as both the innkeeper's residence and a place of lodging
for transient guests; and
(2) is primarily residential in style with regard to the amenities
provided to guests.
(C) 'Guestroom' means a sleeping room, or a combination of rooms for
sleeping and sitting, which includes, among other amenities:
(1) a bed or beds;
(2) a private or shared bathroom;
(3) clothes hanging and storage amenities; and
(4) a selection of furniture and lighting.
(D) 'Innkeeper' means the proprietor of a bed and breakfast.
(E) 'Residential kitchen' means a private-home-type kitchen in a bed
and breakfast used for food service to registered guests as well as the
innkeeper.
Section 45-4-30. (A) A bed and breakfast with a residential kitchen
may provide the following food service without having to obtain a permit
authorizing the service:
(1) a continental or full breakfast to registered guests only;
(2) a tea-type service to registered guests only.
(B) Regulations promulgated by the Department of Health and
Environmental Control pursuant to Section 44-1-140(2) or other provision
of law regarding food service do not apply to a bed and breakfast
providing only the food service identified in subsection (A) of this
section. Instead of those regulations, a bed and breakfast must comply
with the provisions of Section 45-4-40.
(C) A bed and breakfast providing any food service other than that
identified in subsection (A) of this section must comply with regulations
applicable to that food service, including catering.
Section 45-4-40. (A) The standards provided in this section shall
apply to a bed and breakfast providing the food service identified in
Section 45-4-30(A)(1).
(B)(1) Food shall be in sound condition and safe for human
consumption. The use of food in hermetically-sealed containers that was
not prepared in a food processing establishment is prohibited, with the
exception of properly sealed and refrigerated homemade jams, jellies, and
preserves, which shall be monitored by the innkeeper for freshness.
(2) Fluid milk and fluid milk products shall be pasteurized and shall
comply with applicable law. Raw milk shall not be provided or used in
a bed and breakfast.
(3) Only clean shell eggs meeting applicable grade standards or
pasteurized liquid, frozen or dry eggs, or pasteurized egg products shall
be used.
(4) Only ice which has been manufactured with potable water and
handled in a sanitary manner shall be used.
(5) Food shall be protected from cross-contamination and from
potential contamination by insects, insecticides, rodents, rodenticides,
cleaning chemicals or utensils, overhead leakage or condensation, dust,
coughs, and sneezes or other agents of public health significance.
(6) A refrigerator or an oven used in a residential kitchen shall have
a nonstationary, interior thermometer to monitor food temperatures. The
storage temperature for perishable foods shall not exceed forty-five
degrees Fahrenheit. The preparation temperature for baked foods shall be
one hundred forty degrees Fahrenheit or more.
(C)(1) Food shall be prepared with a minimum of manual contact and
shall be prepared on food contact surfaces and with utensils that are clean
and have been sanitized.
(2) Foods shall be cooked and immediately served to guests. The
following food handling practices shall be prohibited:
(a) cooling and reheating prior to service;
(b) hot holding for more than two hours; and
(c) service of previously-served foods.
(3) Frozen food shall be thawed:
(a) in a refrigerator at a temperature not to exceed forty-five
degrees Fahrenheit; or
(b) under potable running water with sufficient water velocity to
agitate and float off loose food particles; or
(c) in a microwave oven only or as part of the conventional
cooking process.
(4) Innkeepers and employees engaged in food preparation shall
maintain a high degree of personal cleanliness and shall conform to good
hygienic practices during all food service and food handling periods. No
innkeeper or employee who is infected with, or who is a carrier of, a
disease that can be transmitted by foods may work with or handle food.
(5) Innkeepers and employees shall not use tobacco in bed and
breakfast kitchens and food preparation areas.
(6) Food preparation areas, equipment, and utensils shall be
constructed and repaired with safe materials, shall be corrosion resistant,
nonabsorbent, and easily cleanable and durable under conditions of
normal use. Equipment, utensils, and single service articles shall not
impart odors, color, taste, nor contribute to the contamination of food.
(D) Food equipment, tableware, and utensils shall be easily cleanable
and stored in a manner to avoid contamination. These items shall be
cleaned and sanitized prior to food preparation, and after each use. A
domestic or residential dishwasher and manual cleaning procedures may
be utilized for cleaning and sanitizing. If a domestic or residential
dishwasher is used, it must:
(1) be installed and operated according to manufacturer instructions
for the highest level of sanitization possible, and the dishwasher
temperature must be maintained at a minimum of 150°;
(2) effectively remove physical soil from all surfaces of dishes and
utensils; and
(3) sanitize dishes and utensils by the application of sufficient
accumulative heat.
Section 45-4-50. (A) Sufficient potable water for the needs of the
bed and breakfast shall be provided from an approved water supply. A
private well water supply may be used if it meets residential water quality
standards.
(B) An approved means of sewage disposal must be provided. A
public sewage system is the preferred means of sewage disposal and, if
available, must be used. If a sewage disposal system is used, it must be
constructed, maintained, and operated according to applicable residential
sewage disposal standards.
(C)(1) Toilet facilities shall be installed in accordance with residential
construction standards.
(2) There shall be at least one toilet facility for every two
guestrooms. Shared bathrooms shall contain appropriate cleaning agents
and disinfectants for self-service by guests.
(3) There shall be at least one bathroom which shall be
conveniently located and accessible to innkeepers and employees at all
times. Bathrooms used by food handlers shall have hot and cold potable
water, soap dispensers and disposable towels, a supply of toilet tissue, and
an easily cleanable receptacle for waste materials.
(4) Bathrooms opening to the kitchen or dining area shall have
adequate mechanical ventilation.
(5) Toilet facilities, including toilet fixtures and all related facilities,
and any related vestibules, shall be kept clean and in good repair.
Guestroom toilets shall have, at a minimum, a supply of toilet tissue, soap,
towels, and an easily cleanable receptacle for waste materials at all times.
Section 45-4-60. (A)(1) A bed and breakfast must provide a safe and
secure environment for guests, visitors, and staff.
(2) The use of a portable, supplemental heater may not be
substituted for a permanent heating source.
(B)(1) A new bed and breakfast must comply with provisions of fire
safety and fire prevention statutes, regulations, codes, and ordinances
enacted or promulgated by the State or a political subdivision for
application to private residences or single-family dwellings.
(2) A new bed and breakfast must adopt a controlled cooking plan
or install a commercial hood with a fire suppression system.
(3) A bed and breakfast which is damaged or renovated in an
amount exceeding fifty percent of the appraised value of the building is
considered a new building for purposes of this chapter.
(C) An existing bed and breakfast must comply with the following
provisions:
(1) Guestrooms that are used for sleeping purposes must be
provided with smoke detectors. Smoke detectors must be installed in
accordance with the manufacturer's instructions and may be
battery-operated or hard wired in existing buildings.
(2) Not more than 15 guests may be housed on any floor of an
existing bed and breakfast. Occupancy in excess of this number requires
a one-hour safety corridor and a second exit. Windows are not exits. All
guest sleeping rooms must have at least one operable window.
(3) In an existing bed and breakfast, one exit is allowed from an
occupied roof, if the area is less than five hundred square feet and is not
higher than immediately above the second floor. Rooms within a bed and
breakfast may exit through more than one intervening room. Windows
are not exits.
(4) Corridors and exit balconies in an existing bed and breakfast
may be as narrow as thirty-six inches. A guestroom located not higher
than the second floor above ground level does not require an enclosed
stairway.
(5) An existing bed and breakfast must provide illuminated
hallways and stairs, with an emergency power source in the event of
power failure to the building.
(6) At least one fire extinguisher with a 2A:10BC rating or higher
must be provided on each floor of an existing bed and breakfast. A 40BC
rated fire extinguisher must be provided in the kitchen area.
(7) An existing bed and breakfast is exempt from the requirements
of a commercial hood and extinguishing system.
Section 45-4-70. If a bed and breakfast has a swimming pool which
is available to guests, it must be constructed and operated in accordance
with Department of Health and Environmental Control standards for
residential swimming pools.
Section 45-4-80. A bed and breakfast shall maintain appropriate
commercial insurance, including property and liability coverage, as a
lodging facility.
Section 45-4-90. The exemption from the tax provided in Section
12-36-920 shall apply to any bed and breakfast that has no more than five
rentable guestrooms on the same premises and that is also the innkeeper's
place of abode."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1998. |