§ 130A-235. Regulation of sanitation in institutions; setback requirements applicable to certain water supply wells. - North Carolina Statutes

Part 4. Institutions and Schools.

§ 130A‑235.  Regulationof sanitation in institutions; setback requirements applicable to certain watersupply wells.

(a)        For protection ofthe public health, the Commission shall adopt rules to establish sanitationrequirements for all institutions and facilities at which individuals areprovided room or board and for which a license to operate is required to beobtained or a certificate for payment is obtained from the Department. Therules shall also apply to facilities that provide room and board to individualsbut are exempt from licensure under G.S. 131D‑10.4(1). No other Stateagency may adopt rules to establish sanitation requirements for theseinstitutions and facilities. The Department shall issue a license to operate ora certificate for payment to such an institution or facility only uponcompliance with all applicable sanitation rules of the Commission, and theDepartment may suspend or revoke a license or a certificate for payment forviolation of these rules. In adopting rules pursuant to this section, theCommission shall define categories of standards to which such institutions andfacilities shall be subject and shall establish criteria for the placement ofany such institution or facility into one of the categories. This section shallnot apply to State institutions and facilities subject to inspection under G.S.130A‑5(10). This section shall not apply to a single‑familydwelling that is used for a family foster home or a therapeutic foster home, asthose terms are defined in G.S. 131D‑10.2.

(b)        Rules thatestablish a minimum distance from a building foundation for a water supply wellshall provide that an institution or facility located in a single‑familydwelling served by a water supply well that is located closer to a buildingfoundation than the minimum distance specified in the rules may be licensed orapproved if the results of water testing meet or exceed standards establishedby the Commission and there are no other potential health hazards associatedwith the well. At the time of application for licensure or approval, watershall be sampled and tested for pesticides, nitrates, and bacteria. Thereafter,water shall be sampled and tested at intervals determined by the Commission butnot less than annually. A registered sanitarian or other health official who isqualified by training and experience shall collect the water samples asrequired by this subsection and may examine the well location to determine ifthere are other potential health hazards associated with the well. A well shallcomply with all other applicable sanitation requirements established by theCommission.

(c)        The Department maysuspend or revoke a license or approval for a violation of this section orrules adopted by the Commission. (1945, c. 829, s. 1; 1957, c. 1357, s. 1; 1973, c.476, s. 128; 1983, c. 891, s. 2; 1987, c. 543, s. 1; 1989, c. 727, s. 143; 1997‑443,s. 11A.79; 1998‑136, s. 1; 2001‑109, s. 1; 2001‑487, s.84(a).)