Evaluation Tool: Lodging Program STANDARD 1: Regulatory Foundation Ordinances Source Materials STANDARD 2: Trained Regulatory Staff February 7, 2011 Version Evaluation Criteria Comments Rating (0-2) O a. Has the Board passed ordinances referring to statutes and rules, as listed in the SCOPE of the Delegation Agreement? b. Have ordinances been revised as needed to be consistent with current statutes and rules? c. If applicable ordinances were changed since the previous program evaluation, were they were sent to MDH for review prior to their passage? d. Do ordinances describe enforcement tools and procedures, and grant authority for enforcement? e. Do ordinances reference plan review requirements? f. (MDH only) Has MDH reviewed and responded in writing to its delegated partners regarding the proposed ordinances or language changes to existing ordinances, within 30 days of receipt of those changes? a. Current, signed and dated ordinances b. Delegation Agreement application Y Y Y Y Y Evaluation Criteria ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Comments YELLOW: Required Program Elements required by the Delegation Agreement -1- Rating (0-2) WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: Lodging Program 1. Inspection Staff 2. Agreements with Other Qualified Parties 3. Additional Training 4. Staffing Transition Plan February 7, 2011 Version O a. Does the Board employ qualified inspection staff as defined in the Delegation Agreement? b. Are any less qualified staff (as described in the Delegation Agreement) limited to performing inspections that are not mandated by the Delegation Agreement? If the Board has entered into agreements with other qualified persons to carry out its regular, delegated duties, did the Board obtain MDH’s written approval before entering into such an agreement? a. Describe the percentage of staff that have taken ICS classes (minimum of ICS 100 & 200.) b. Describe other training that staff have received (e.g., MNTrac courses completed). a. Does the Board have a written plan that is submitted annually to MDH, to assure adequate program coverage and to address staffing transition in the event of unexpected staffing changes? b. Has that written plan worked effectively during staffing transitions within the evaluation period? c. Has the Board notified MDH within 10 business days of staff departures, when staffing is insufficient to perform the obligations of the Delegation ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Y Y W W Y W Y YELLOW: Required Program Elements required by the Delegation Agreement -2- WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: Lodging Program February 7, 2011 Version Agreement? Source Materials STANDARD 3: Risk-Based Inspection Program 1. Inspection Forms 2. Risk Assessment 3. Inspection Frequency 4. Written and Implemented Policies a. b. c. d. e. f. Position description for all program staff. Organizational charts, with RS numbers, if applicable Staff standardization documentation Written staffing transition plan Staff credentials and certifications (e.g. RS/REHS, CPO, CP-FS, CEHT) Training records (e.g. MN Train Records, if used) Evaluation Criteria Comments Rating (0-2) Y Do the Board’s inspection documents identify health and safety hazards and interventions? Are establishments categorized as high, medium, or low risk in accordance with MN statutes? Is inspection frequency based on MN Statute 157.20 being met? a. Has the Board developed a documented procedure to address corrective action? b. Has the Board developed a documented procedure that requires discussion of options for long-term control of health and safety hazards? c. Has the Board developed a documented procedure that requires follow-up activities on health and safety violations? d. Has the Board developed a documented, implemented procedure ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Y O Y W Y Y YELLOW: Required Program Elements required by the Delegation Agreement -3- WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: Lodging Program February 7, 2011 Version on variance requests related to health and safety hazards, and interventions? e. Has the Board submitted to MDH any copies of variances granted, within 30 days of issuance? Source Materials STANDARD 4: Uniform Inspection Program 1. Plan Review 2. Licensing & Data Management Y a. Copies of inspection reports/forms b. List of licensed facilities with risk categories c. Inspection frequency data fro the past three years d. Documented procedures referenced in 4 a-d above e. Other compliance forms or documents f. Copies of variances, as requested Evaluation Criteria Comments Rating (0-2) Y a. Does the Board conduct and adequately document plan review for each new construction, renovation, or conversion of licensed establishments, as required in Chapter 4625? b. The Board licenses only those establishments for which plan review is complete and approved. c. The Board maintains adequate documentation throughout the plan review process. d. Documentation is maintained for water and sewer system approval as reviewed by the appropriate authority. a. Is the Board required by policy to license establishments on an annual basis? ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Y W W Y YELLOW: Required Program Elements required by the Delegation Agreement -4- WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: Lodging Program 3. Inspections & Written Reports Source Materials STANDARD 5: Illness & Injury Investigation & February 7, 2011 Version Y b. Does the Board maintain a current list of establishments (including establishment name, address and risk category)? c. Does the Board provide Statewide Hospitality Fee data on all licensed establishments to MDH by the annual deadline? a. Are inspections conducted by qualified inspection staff, as described in the Delegation Agreement? b. Does the Board incorporate education into the inspection process? c. Are written reports complete and accurate, and do they describe compliance activities? d. Are statutes, rules and ordinances interpreted accurately and consistently? a. b. c. d. e. f. Y O Y Y Y Files for randomly selected facilities List of licensed establishments with assigned risk category Description of licensing category definitions and descriptions, including for all permanent and temporary establishments Relevant ordinances, policies and guidance documents Plan review reports, as requested Educational or training materials relevant to uniform inspection that the Board wishes reviewed Evaluation Criteria ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Comments YELLOW: Required Program Elements required by the Delegation Agreement -5- Rating (0-2) WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: Lodging Program Response 1. Protocol for investigating complaints 2. Complaints 3. Program Coverage Source Materials STANDARD 6: Compliance & Enforcement Compliance & Enforcement February 7, 2011 Version Y Does the Board utilize a procedure to investigate, respond to, and document Lodging complaints or injury? a. Does the Board maintain a log or database for all complaints alleging injury, or health and safety hazards? b. Does the Board follow-up on all injury, or health and safety hazard complaints within one business day? c. Are investigation reports filed or linked to the records of the establishment? d. (MDH only) Does MDH refer to its delegated partners any complaints that MDH receives concerning matters under their jurisdiction? Does the Board have qualified staff available for emergency coverage on a 24-hour a day basis and have they provided an after-hours contact number to MDH? W W W Y Y a. Procedures for responding to injury, or health and safety hazard complaints b. Complaint log and relevant materials c. After hours staffing policy and after hours contact number Evaluation Criteria Comments Rating (0-2) O a. Does the Board identify and document violations according to statute, rule and ordinance? ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement YELLOW: Required Program Elements required by the Delegation Agreement -6- WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: Lodging Program February 7, 2011 Version O b. Does the Board address the identified risk factors and health and safety hazards by: (1) following up or using appropriate enforcement tools, including revocation or suspension, and (2) by maintaining adequate documentation throughout the enforcement process? c. Does the Board resolve identified violations within a reasonable time? d. Does the Board maintain records according to its records retention policy? Source Materials Y Y a. Records for randomly selected licensed establishments b. Enforcement policies, procedures and tools STANDARD 7: Industry & Evaluation Criteria Community Relations 1. Work Groups Does the Board participate in workgroups, advisory boards, task forces or committees that work to identify, correct, and prevent risk factors and health and safety hazards in licensed establishments? a. Does the Board lead or participate in activities that increase awareness of 2. Educational risk factors, health and safety hazards, and control methods to prevent illness Outreach or injury? b. (MDH only) Has MDH been ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Comments Rating (0-2) Y W Y YELLOW: Required Program Elements required by the Delegation Agreement -7- WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: Lodging Program February 7, 2011 Version available to advise its delegated partners regarding issues covered under the Delegation Agreement? Source Materials STANDARD 8: Program Resources Any relevant materials the Board wishes to be reviewed. Evaluation Criteria Comments Rating (0-2) W a. Describe the current ratio of qualified inspection staff to the number of licensed establishments. 1. Inspection b. (MDH only) Does MDH evaluate its Ratio (sufficient delegated partners’ compliance with staffing) the Delegation Agreement to ensure that their programs are adequate to assure compliance by regulated parties to requirements in statutes and rules? Does the Board provide the appropriate 2. Inspection inspection equipment to its qualified Equipment inspection staff? Describe the source(s) of funding for 3. Funding this program. (Fees, General Fund, etc.) Does the Board maintain all licensing and inspection information in an 4. Data Sharing electronic format and make it available to MDH upon request? Is funding provided for staff training, 5. Professional conference attendance, and other Development professional development activities? ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Y W Y W YELLOW: Required Program Elements required by the Delegation Agreement -8- WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: Lodging Program 6. Staff Safety Source Materials February 7, 2011 Version W Does the Board provide staff with appropriate safety training and equipment? a. Electronic licensing and inspection data b. Organizational charts, with RS numbers, if applicable c. Staff credentials and certifications (e.g. RS/REHS, CPO, CP-FS, CEHT) ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement YELLOW: Required Program Elements required by the Delegation Agreement -9- WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions