Section 25-D1306. IMMINENT HEALTH HAZARD - CEASING OPERATIONS AND EMERGENCY REPORTING

 

1306.1The Department shall summarily suspend operations, or a licensee shall immediately discontinue operations and notify the Department whenever any of the following conditions occur:

 

(a)Operating with extensive fire damage that affects the massage establishment or health spa facility’s ability to comply with these regulations;

 

(b)Operating with serious flood damage that affects the massage establishment or health spa facility’s ability to comply with these regulations;

 

(c)Operating with loss of electrical power to critical systems, including but not limited to lighting, heating, cooling, or ventilation controls for a period of two (2) or more hours;

(d)Operating with no hot water, or an unplanned water outage, or the water supply is cut off in its entirety for a period of one (1) or more hours in violation of sections 605, 606, and 702.1;

 

(e)Operating with inadequate water pressure to any part of the massage establishment or health spa facility;

 

(f)Operating with in sufficient water capacity to any part of the massage establishment or health spa facility;

 

(g)The massage establishment or health spa facility’s use of a water supply that is not approved by the Department;

 

(h)Operating with a defect or condition that exists in the plumbing system supplying potable water that may result in the contamination of the water; 

 

(i)Operating with a sewage backup or sewage that is not disposed of in an approved and sanitary manner;

(j)Operating with a cross-connection between the potable water and non-potable water distribution systems, including but not limited to landscape irrigation, air conditioning, heating, and/ or fire suppression system.

 

(k)Operating with a back siphonage event;

 

(l)Operating with toilet and/or handwashing facilities that are not properly installed;

 

(m)Operating with the presence of toxic or noxious gases, vapors, fumes, mists or particulates in concentrations immediately dangerous to life or health, or in concentrations sufficient to cause an environmental disease or public nuisance;

 

(n)Operating with the presence of any unapproved pesticide residues in the interior building areas of a massage establishment or health spa facility, in food storage or service areas contained within the massage establishment or health spa facility, or in the presence of any food in the establishment; or in the presence of excessive restricted-use pesticide in any outdoor area of a massage establishment; or any evidence of the indiscriminate use of a pesticide or herbicide which may be injurious to the health of humans; 

 

(o)Operating with the presence of any disease-causing organism in water exposed to the atmosphere which has caused or is likely to cause an environmental disease in the massage establishment or health spa facility;

(p)Operating with equipment that by condition, design, construction or use poses an immediate risk of entrapment, fall, puncture, pinch, crush, trip, or other cause of injury;

 

(q)Operating with environmental surfaces, including but not limited to equipment, furnishings, beds, mattresses, mats, massage tables, pillows, linens, robes, garments, chairs or other items within any room of a massage establishment or health spa facility that are stained with blood or bodily fluids, or soiled; or infested with vermin; or are in an otherwise unsanitary condition;

 

(r)Operating with any unmitigated biohazardous event that simultaneously involves more than one (1) customer, massage therapy room or a public area exceeding two hundred square feet (200 sq. ft.);

 

(s)Operating with gross insanitary occurrence or condition that may endanger public health including but not limited to an infestation of vermin;

 

(t)Operating with incorrect hot water temperatures that cannot be corrected during the course of the inspection in violation of section 702.1;

(u)Operating with the presence and use of any used bedding which has not been sterilized or disinfected in violation of D.C. Official Code § 8-502(4), including the presence or use of any used bedding discarded and then recovered from a dumpster, trash room, alleyway, landfill, dump, junkyard, or hospital; or

 

(v)Failing to minimize the presence of insects, rodents, or other pests on the premises in violation of section 821 (a) through (d).

 

1306.2In addition to the imminent health hazards identified in section 1306.1, the Department shall summarily suspend operations if it determines through an inspection, or examination of records or other means as specified in 1300(a) through (c) the existence of any other condition which endangers the public health, safety, or welfare, including but not limited to:

 

(1)Operating a massage establishment or health spa facility without a required license in violation of section 1200.1;

 

 (2)Operating a massage establishment or health spa facility with an expired license in violation of section 1200.1;

 

(3)Operating without a valid Certificate of Occupancy;

 

(4)Operating a massage establishment or health spa facility for clandestine drug laboratories and related activities;

 

(5)Operating a massage establishment or health spa facility for prostitution;

(6)Failure of licensee to employ a massage therapist who is licensed in the District in violation of section 200.1; 

 

(7)Failure of licensee to employ a manager of a massage establishment or health spa facility who is on the premises during all hours of operation in violation of section 200.2

(8)Failure of licensee to employ a massage therapist who is on the premises during all hours of operation in violation of section 200.3;

(9)Operating a massage establishment or health spa facility with six (6) or more critical violations that cannot be corrected on site during the course of the inspection; 

(10)Failing to allow access to DOH representatives during the massage establishment or health spa facility’s hours of operation and other reasonable times as determined by DOH in violation of section 1300.4;

 

(11)Hindering, obstructing, or in any way interfering with any inspector or authorized DOH personnel in the performance of his or her duty; or 

1306.3Operating in violation of any provision specified in sections 1700, 1701, or 1702.

 

authority

Section 4902 of the Department of Health Functions Clarification Act of 2001 (“Act”) (effective October 3, 2001), D.C. Law 14-28, D.C. Official Code § 7-731(a)(12) (2008 Repl.), and the Mayor’s Order 2006-10 dated January 27, 2006

source

Final Rulemaking published at 56 DCR 7975 (October 9, 2009)