May 2, 2022

Briana Bill

Program Manager, Tourist Establishments & General Environmental Health Services

Virginia Department of Health

109 Governor Street

Richmond, VA 23219

RE: Virginia Department of Health Periodic Review of Sanitary Regulations for Hotels

Ms. Bill: 

On behalf of the Virginia Restaurant, Lodging & Travel Association, I want to take this opportunity to share our organization’s comments regarding the periodic review of Sanitary Regulations for Hotels by the Virginia Department of Health (VDH). 

After examining the Sanitary Regulations for Hotels, we would like to request the following adjustments be considered by VDH.

• 12VAC5-431-80. Enforcement of regulations.

D. When order effective. All orders issued pursuant to this section shall become effective not less than 15 days after mailing a copy thereof by certified mail to the last known address of the owner or person violating these regulations or the applicant on his application to operate a hotel.

• • VRLTA Recommendation: Please revise the language to state “When order effective. All orders issued pursuant to this section shall become effective not less than 15 days after [mailing a copy thereof by certified mail to the last known address of] the owner or person violating these regulations or [the address provided by] the applicant on his application to operate a hotel [is in receipt of the order].”
  • VRLTA Rational: This language allows more time to for an operator to abide by the order in case there is a significant delay in mail. 

• 12VAC5-431-210. Suspension of a permit.

Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing by certified mail or by hand delivery. Upon service of notice that the permit is immediately suspended, the former permit holder shall be given an opportunity to request an informal hearing. If a permit holder wants to request an informal hearing, he must submit a request in writing to the director within 10 working days after he receives notice of the suspension. The written request shall be filed with the local department by the former holder of the permit. If a written request for an informal hearing is not filed within 10 working days, the suspension is sustained. Each holder of a suspended permit shall be afforded an opportunity for an informal hearing within three working days of receipt of a request for an informal hearing. The director may end the suspension at any time if the reasons for suspension no longer exist.

• • VRLTA Recommendation: We recommend the section to include this wording “Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing by certified mail or by hand delivery. Upon service of notice that the permit is immediately suspended, the former permit holder shall be given an opportunity to request an informal hearing. If a permit holder wants to request an informal hearing, he must submit a request in writing to the director within 10 working days after he receives notice of the suspension. The written request shall be filed with the local department by the former holder of the permit. If a written request for an informal hearing is not filed within 10 working days, the suspension is sustained[., but the former permit holder still has the right to request an informal hearing to address the permit suspension.] Each holder of a suspended permit shall be afforded an opportunity for an informal hearing within three working days of receipt of a request for an informal hearing. The director may end the suspension at any time if the reasons for suspension no longer exist.”
  • VRLTA Rational: This amendment gives an opportunity to the hotelier have an informal hearing even after the permit is suspended.

• 12VAC5-431-260. Inspection report.

The inspection report shall state any failure to comply with any time limit for corrections and may result in the closing of the hotel. An opportunity for an informal conference on the inspection findings, a time limit, or both, shall be granted provided that a written request is filed with local health department within 10 days following the inspection or the cessation of operations. When a request for a hearing is received, the procedures outlined in 12VAC5-431-120 shall be followed.

• VRLTA Recommendation: We recommend changing this section to include the following phrasing “The inspection report shall state any failure to comply with any time limit for corrections and may result in the closing of the hotel. An opportunity for an informal conference on the inspection findings, a time limit, or both, shall be granted provided that a written request is filed with local health department within 10 days following the [release of the] inspection [report] or the cessation of operations. When a request for a hearing is received, the procedures outlined in 12VAC5-431-120 shall be followed.
• VRLTA Rational: This verbiage should grant a little extra time to schedule an informal conference.

• 12VAC5-431-340. Box springs, mattresses, bedding and linen requirements.

B. Conventional mattress covers or pads shall be used for the protection of mattresses and shall be kept clean and in good repair.

• VRLTA Recommendation: We suggest the following wording “Conventional mattress covers or pads [shall are recommended to] be used for the protection of mattresses and shall be kept clean and in good repair.”

• VRLTA Rational: The current requirement may be standard for many hotel brands, but we don’t see why VDH would make mattress covers a requirement. It should be left to the discretion of the hotel brands. 

• 12VAC5-431-450. Lodging unit kitchens.

3. Utensils and equipment, if supplied, that are easily cleanable, durable, and kept in good repair. Utensils supplied in lodging units shall be washed, rinsed, and sanitized after each occupancy and have a notice stating: "For your convenience, dishes and utensils have been washed and sanitized. If you would like to further sanitize these items, please contact the manager." The sanitizing agent shall be available in the office.

• VRLTA Recommendation: This section should be amended to read “Utensils and equipment, if supplied, that are easily cleanable, durable, and kept in good repair. Utensils supplied in lodging units shall be washed, rinsed, and sanitized after each occupancy[. and have a notice stating: "For your convenience, dishes and utensils have been washed and sanitized. If you would like to further sanitize these items, please contact the manager." The sanitizing agent shall be available in the office.]”
• VRLTA Rational: The signage requirement is superfluous. Why would the guest need to contact the manager if there is a dishwasher, dish soap, and other cleaning agents already available to the guest to sanitize the utensils and equipment?

• 12VAC5-431-370. Solid waste.

B. Solid waste shall be collected daily from rooms and areas used by guests.

• • VRLTA Recommendation: This code section should be rewritten to say “Solid waste shall be collected daily from rooms and areas used by guests[; however, if guests have requested to not be disturbed in their rooms then solid waste shall not be collected until the guest checks out, requests it’s removal, or three days have passed, whichever occurs first].
  • VRLTA Rational: If the current requirement is all encompassing and includes individual guests rooms, then it needs to take account and allow for upon-request removal of waste, account for do-not-disturb situations, and other guest requests.

• 12VAC5-431-380. Vector control.

D. The presence of any rodent, such as mice and rats, reptiles or any insect infestation shall be evidence that sufficient vector control measures have not been implemented at the hotel and shall be considered a violation of these regulations.

• • VRLTA Recommendation: We suggest rewriting this section to include the following language “The presence of any rodent, such as mice and rats, reptiles or any insect infestation shall be evidence that sufficient vector control measures have not been implemented at the hotel and shall be considered a violation of these regulations[; however, in instances where hotel is working with a reputable pest control vendor to mitigate pests on the premises, the hotel shall not be found to be in violation of these regulations].
  • VRLTA Rational: We are concerned that holding a hotel accountable when they are working in good faith to mitigate or prevent rodents, reptiles, or insects without providing them with some flexibility during that period doesn’t account for the actions being taken. Moreover, the way it reads is that a single rodent or reptile being found on the property would be cause for violation, whereas for insects it mentions an infestation rather than a single insect. This language should provide more clarity. 

• 12VAC5-431-480. Posting of rates and Code of Virginia sections.

All operators shall post conspicuously in each lodging unit occupied by transient guests the rates for the room together with §§ 8.01-42.2, 35.1-27 and 35.1-28 of the Code of Virginia in which are prescribed the duties, liability of guests for hotel damage, and limitation of liability of guests for hotel damage from innkeepers.

• VRLTA Recommendation: We recommend striking the following phrasing “All operators shall post conspicuously in each lodging unit occupied by transient guests [the rates for the room together withsignage outlined in §§ 8.01-42.2, 35.1-27 and 35.1-28 of the Code of Virginia in which are prescribedthe duties], liability of guests for hotel damage, and limitation of liability of guests for hotel damage from innkeepers.”
• VRLTA Rational: Prior to checking into the hotel all guests must agree to the rate they will be paying, and these rates are available online to the general public. Moreover, the rates for hotels change multiple times a month based on algorithms from computer systems that examine changing supply and demand. 

We strongly suggest incorporating these changes to the Sanitary Regulations for Hotels. Thank you for your time and consideration of our request.

We are happy to discuss these recommendations with you should you have any questions or concerns related to them.

Sincerely,                                                                      

Robert Melvin

Director, Government Affairs

Virginia Restaurant, Lodging & Travel Association