Tennessee § 68-14-302 - Part definitions.

§ 68-14-302. Part definitions.

As used in this part, unless the context otherwise requires: “Alteration” shall be defined by rule, but shall not mean function replacement that equals or makes better the existing operation of the facility; “Commissioner” means the commissioner of health, the commissioner's duly authorized representative, and in the event of the commissioner's absence or vacancy in the office of commissioner, the deputy commissioner; “Critical items” means those aspects of operation or conditions of facilities or equipment that, if in violation, constitute the greatest hazards to health and safety, including imminent health hazards. Critical items shall include, but are not limited to, the following: Restriction of employees with infection — (hotels, pools); Proper cleanliness and good hygiene practices of employees — (hotels); Proper sanitizing of utensils and equipment — (hotels); Approved water supply, hot and cold running water under pressure — (hotels, pools); Sewage, liquid waste disposal — (hotels, pools); No cross connection, backsiphonage — (hotels, pools); Toilet and hand washing facilities for employees — (hotels); Insects and rodents — (hotels); Toxic items properly stored and labeled — (hotels); Fire safety — (hotels); Safety — (pools); Excessive turbidity — (pools); Total absence of approved sanitizing residuals — (pools); Failure or lack of filtration, sanitizing and cleaning equipment and chemicals — (pools); and Absence or lack of required supervisory personnel — (pools); “Department” means the department of health; “Homeowners' association” means a nonprofit corporation that manages or contracts for the management of the common areas of a residential multi-family housing development. A homeowners' association is governed by a board of directors elected by a majority vote of the individual homeowners; “Hotel” means any building or establishment kept, used, or maintained as, or advertised as, or offered to the public to be, a place where sleeping accommodations are furnished for pay to transients or travelers, whether or not meals are served to transients or travelers; “hotel” does not include a short-term rental unit, as defined in § 13-7-602; “Imminent health hazard” means any condition, deficiency, or practice that, if not corrected, is very likely to result in illness, injury, or loss of life to any person; “Multi-family residential housing” means condominiums, subdivisions, and individual residential housing developments that share common grounds, parking facilities, tennis courts, swimming pools and similar recreational facilities that are operated by a homeowners' association; “Multi-family residential housing swimming pool” means a private swimming pool maintained by a homeowners' association solely for the use and benefit of the members of the homeowners' association and their guests; “Person” means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the federal government and its agencies and departments; and “Public swimming pools” means a structure of man-made materials, located either indoors or outdoors, used for bathing or swimming, or for instructional purposes in swimming, diving, or other aquatic activities by humans, together with buildings, appurtenances, and equipment used in connection with the structure. “Public swimming pools” also includes spa-type, wading, special purpose pools or water recreation attractions including, but not limited to, those operated at or in camps, child care facilities, cities, clubs, subdivisions, apartment buildings, counties, institutions, schools, motels, hotels, and mobile home parks to which admission may be gained with or without payment of a fee. Acts 1985, ch. 171, § 5; 1991, ch. 190, § 2; 1994, ch. 848, § 1; 1995, ch. 383, § 2; 1995, ch. 429, § 2; 1995, ch. 509, § 1; 2001, ch. 311, § 9; 2003, ch. 230, §§ 1, 2; 2004, ch. 939, § 1; 2005, ch. 289, § 1; 2009, ch. 493, § 2; 2013, ch. 182, § 23; 2014, ch. 636, § 1; 2018, ch. 972, § 2. Compiler's Notes. For the table of disposition regarding the transfers and amendments made by Acts 2013, ch. 182, effective July 1, 2015, please see the Compiler’s Notes under § 68-14-301 . Amendments. The 2013 amendment, as amended by Acts 2014, ch. 636, § 1, effective July 1, 2015, deleted the definitions of “auxiliary food service operation”, “food service establishment”, “potentially hazardous food”, and “temporary food service establishment” which read: “ ‘Auxiliary food service operation’ means a designated area located within or adjacent to a food service establishment sharing common ownership or management and whose primary purpose is serving beverages. For determining the amount of the permit fee for the food service establishment associated with the auxiliary food service operation, all seating in the auxiliary food service operation shall be included in the seating count of the primary food service establishment;“(A) ‘Food service establishment’ means any establishment, place or location, whether permanent, temporary, seasonal or itinerant, where food is prepared and the public is offered to be served, or is served, food, including, but not limited to, foods, vegetables, or beverages not in an original package or container, food and beverages dispensed at soda fountains and delicatessens, sliced watermelon, ice balls, or water mixtures;“(B)(i) ‘Food service establishment’ includes any such places regardless of whether there is a charge for the food;“(ii) ‘Food service establishment’ does not include private homes where food is prepared or served and not offered for sale, retail food store operation other than delicatessen, the location of vending machines, and supply vehicles;“(iii)(a) ‘Food service establishment’ does not include churches, temples, synagogues or other religious institutions, civic, fraternal, or veteran's organizations where food is prepared, served, transported, or stored by volunteer personnel only on non-consecutive days;“(b) ‘Stored’ does not include the storage of unopened, commercially canned food, packaged bulk food that is not potentially hazardous, or dry goods for the purposes of this sentence;“(iv)(a) ‘Food service establishment’ does not include grocery stores that may, incidentally, make infrequent casual sales of uncooked foods for consumption on the premises, or any establishment whose primary business is other than food service, that may, incidentally, make infrequent casual sales of coffee or prepackaged foods, or both, for consumption on the premises;“(b) For the purposes of this subdivision (6)(B);“(v) ‘Infrequent casual sales’ means sales not in excess of fifty dollars ($50.00) per day on any particular day;“(vi) ‘Food service establishment’ does not include a location from which casual, occasional food sales are conducted solely in connection with youth-related amateur athletic or recreational activities or primary or secondary school-related clubs by volunteer personnel and that are in operation for twenty-four (24) consecutive hours or less;“(vii) ‘Food service establishment’ does not include a catering business that employs no regular, full-time employees, the food preparation for such business is solely performed within the confines of the principal residence of the proprietor, and the catering business makes only “occasional sales” during any thirty-day period;“(viii) ‘Food service establishment’ does not include a house or other residential structure where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served, transported or stored by volunteer personnel; provided, that the house or structure is supported by a § 501(c)(3) organization, as defined in 26 U.S.C. § 501(c) (3), that has as a component of its mission the support of programs that directly improve the health and well-being of children;“ ‘Potentially hazardous food’ means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, in a form capable of supporting rapid and progressive growth of infections or toxigenic microorganisms;“ ‘Temporary food service establishment'” means a food service establishment that operates at a fixed location in conjunction with an organized temporary event for more than one (1) day and not more than fourteen (14) consecutive days.”; substituted “shall not mean” for “does not mean” in the definition of “alteration”; and rewrote the definition of “critical items” which read: “ Critical items’ means those aspects of operation or conditions of facilities or equipment that, if in violation, constitute the greatest hazards to health and safety, including imminent health hazards. These include:“(A) Approved food sources with no spoilage — (food service);“(B) Approved temperatures for potentially hazardous food — (food service);“(C) Facilities to maintain proper food temperatures — (food service);“(D) No reservice of unwrapped or potentially hazardous food — (food service);“(E) Restriction of employees with infection — (food service, hotels, pools);“(F) Proper cleanliness and good hygiene practices of employees — (food service, hotels);“(G) Proper sanitizing of utensils, equipment — (food service, hotels);“(H) Approved water supply, hot and cold running water under pressure — (food service, hotels, pools);“(I) Sewage, liquid waste disposal — (food service, hotels, pools);“(J) No cross connection, backsiphonage — (food service, hotels, pools);“(K) Toilet and handwashing facilities for employees — (food service, hotels);“(L) Insects and rodents — (food service, hotels);“(M) Toxic items properly stored, labeled — (food service, hotels);“(N) Fire safety — (hotels);“(O) Safety — (pools);“(P) Excessive turbidity — (pools);“(Q) Total absence of approved sanitizing residuals — (pools);“(R) Failure or lack of filtration, sanitizing and cleaning equipment and chemicals — (pools); and“(S) Absence or lack of required supervisory personnel — (pools);”. The 2018 amendment added “‘hotel’ does not include a short-term rental unit, as defined in § 13-7-602 ;” at the end of the definition of ‘Hotel’”. Effective Dates. Acts 2013, ch. 182, § 50. July 1, 2015; provided, that, for rulemaking purposes, the act shall take effect April 23, 2013. Acts 2014, ch. 636, § 3. April 4, 2014. Acts 2018, ch. 972, § 3. May 17, 2018. Cross-References. Fruits or vegetables treated with sulfite, § 53-8-116 . Collateral References. Liability of hotel, motel, resort, or private membership club or association operating swimming pool, for injury or death of guest or member. 55 A.L.R.5th 463.