15A NCAC 18A .1802 PERMITS
(a) No person shall operate a lodging establishment within the State of North Carolina who does not possess a valid permit from the Department.
(b) No permit to operate shall be issued until an evaluation by a representative of the Department shows that the establishment complies with these Rules.
(c) Upon transfer of ownership of an existing lodging establishment or upon transfer of the lease of the establishment from one person to another, the Department shall evaluate the facility to determine compliance with the rules. If the establishment satisfies all the requirements of the rules, a permit shall be issued. If the establishment does not satisfy all the requirements of the rules, a permit shall not be issued. However, if the Department determines that the noncompliant items are construction or equipment problems that do not represent an immediate threat to the public health, a transitional permit may be issued. The transitional permit shall expire 90 days after the date of issuance, unless suspended or revoked before that date, and shall not be renewed. Upon expiration of a transitional permit, the owner or operator or lessee shall have corrected the noncompliant items and obtained a permit, or the lodging place shall not continue to operate.
(d) The Department may impose conditions on the issuance of a permit or a transitional permit. Conditions may be specified for one or more of the following areas:
(1) The number of bedrooms or persons housed.
(2) The amount of laundry or kitchen and tableware washing equipment on the premises.
(3) Time schedules in completing minor construction items.
(4) Modification or maintenance of water supplies, water use fixtures and sanitary sewage systems.
(5) Use of facilities for more than one purpose.
(6) Continuation of contractual arrangements upon which basis the permit was issued.
(7) Submission and approval of plans for renovation.
(8) Any other conditions necessary for a lodging place to remain in compliance with this Section.
(e) Permits or transitional permits are issued by and evaluations made by the Department.
(f) A permit or transitional permit shall be immediately revoked in accordance with G.S. 130A‑23(d) for failure of the facility to maintain a minimum grade of C. A permit or transitional permit may otherwise be suspended or revoked in accordance with 130A‑23. A new permit to operate shall be issued only after the establishment has been reevaluated by the Department and found to comply with this Section. This reevaluation will be conducted within a reasonable length of time, not to exceed 30 days, after the request is made by the operator.
History Note: Authority G.S. 130A‑248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. January 1, 1996; April 1, 1992; September 1, 1990; March 1, 1988.