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May 23, 2025In force

Agreement-0071-ARSA-2025

  • Decree: 0071-ARSA-2025
  • Published: May 23, 2025
  • Gazette: 36,845
  • Category: Health

Summary

AIThis summary was generated by AI and may contain errors. Always verify against the original law text below. Not legal advice. Learn how we use AI

This agreement establishes the sanitary rules that hotels, lodging facilities, recreational centers, and rental apartments must comply with in Honduras. It defines which types of establishments need a health license, the requirements to obtain or renew it, and the fees they must pay based on their size and category.

Considerations

Whereas the Law of the Health Regulatory Agency establishes in its article 7 that, among others, the Health Regulatory Agency (ARSA) has the following attributions and competencies: 1…, 2…, 3) To grant, renew, modify, suspend or cancel the health licenses of establishments, circumscribing the hospitality and recreation services, as well as other certifications and health authorizations that it issues. This attribution may be delegated to other official authorities with territorial competence, always exercising supervision and control.

Whereas Decree 07-2021 containing the Law of the Health Regulatory Agency establishes in its article 7 that, among its attributions and competencies, it is responsible for the elaboration, updating and approval of the regulatory framework that regulates establishments, services and products of health interest.

Whereas the Tenant Law in its article 34 establishes that in order to lease dwellings or premises, the lessor shall obtain written authorization from the General Directorate of Public Health, in the capital and from the corresponding Health Authorities in the departments, in which it appears that the property meets the minimum sanitary conditions required by this Law and the respective regulations. This authorization shall be issued within a period not exceeding ten (10) days counted from the date of receipt of the application.

Whereas Honduras is a State of Law, sovereign, constituted as a free, democratic and independent Republic to ensure its inhabitants the enjoyment of justice, liberty, culture and economic and social well-being.

Whereas article 25 of the Universal Declaration of Human Rights establishes that every person has the right to an adequate standard of living that assures for their family health, well-being and, in particular, food, clothing, housing, health care and the necessary social services.

Whereas it is the responsibility of the State through the Health Regulatory Agency to regulate, supervise and control food products, pharmaceutical products, cosmetics, natural products, hygienic products, domestic and professional pesticides, medical devices, substances subject to oversight, chemical substances and other devices and products of health interest; the review, verification, surveillance and oversight of compliance with the legal, technical and administrative regulations of establishments that supply, products and services of health interest; of the establishments that carry out activities or practice --

Whereas the Law of Administrative Simplification, in its article 6, institutes that every State body has the obligation to carry out, permanently, diagnoses and analyses of the different procedures and administrative processes that must be followed in its departments; in order to design simplification measures, which must be adopted in accordance with the objectives of this Law.

Whereas the Administrative Procedure Law in its article 121 provides that; The body that issued the act may annul it when it manifestly violates the Law, provided that it does not appear final and consented. It may revoke or modify it when the circumstances that motivated it disappear or when other circumstances occur that, had they existed at the time, the act would not have been issued. It may also revoke or modify it when it is not opportune or convenient for the purposes of the service for which it is issued.

Whereas the acts of the bodies of Public Administration shall adopt the form of Decrees, Agreements, Resolutions or Directives; the acts of a general nature that are issued in the exercise of regulatory power shall be preceded by the designation of the authority that issues them and followed by the formula "AGREES".

Articles

Article 1.-

PURPOSE. The present provisions have the purpose of establishing general guidelines and recovery fees for services rendered, for the control, surveillance, and inspection of lodging establishments and recreational centers that, by the nature of their activities, are of sanitary interest.

Article 2.-

SCOPE OF APPLICATION. The present provisions are of public order and applicable to any natural or legal person owner of establishments that develop activities of temporary, occasional, or vacation lodging or rental. As well as, those destined for the recreation of their visitors with recreational or educational purposes.

Article 3.-

Every establishment that provides the services described in the preceding article and that additionally offers food and beverage services, must process sanitary licenses for both services separately, in accordance with the provisions established in the current sanitary regulations.

Article 4.-

DEFINITIONS. For the application of this Agreement, the following definitions are established: Hostels: These are lodging establishments for short stays, generally located at a transit point or in an easily accessible location. They offer individual or shared rooms, with bunk beds or cots, with bathrooms that may be inside or outside the facilities and, in any case, of shared use; furthermore, they have other common areas such as dining room, kitchen, and laundry. Lodging: A place where a person or a group of persons stays, is housed, or camps. Apartment: A unit comprised of one or more rooms, designed to provide complete facilities (bathroom, kitchen area, living room, dining room, among others) whose use is granted, in exchange for remuneration, to provide occasional or temporary lodging. Bathing Resort: An establishment that has swimming pools or waters of primary contact, such as natural, thermal or non-thermal pools, destined for recreational or medicinal purposes. Bed and Breakfast: Lodging that includes breakfast in the price of the rooms. The bathrooms may be individual or shared, generally common in cities or small towns. Log Book: A control document, monitored by a collaborator, director, or manager, of any kind, with the objective of recording routine mandatory tasks. Bungalow: An adaptation of the anglicism "bungalow"; a small house, of a single story, generally constructed in areas designated for rest. Chalet: A building of one or several levels, which generally has a garden, intended to provide lodging. Events/Conventions Center: An establishment that has fixed facilities for providing the service of renting halls and necessary arrangements for the holding of conferences, seminars, awards ceremonies, weddings, among others. These may operate independently or as part of a hotel and may or may not provide food and beverage services, for which they must comply with the current sanitary regulations. If they have swimming pools, courts, spas, among others, they shall be considered as social clubs. Retreat Center: An establishment with facilities destined for recreation, entertainment, lodging, food and beverages, with health, religious, or other purposes. Recreational Center: An outdoor or covered facility that provides recreation for its visitors and offers spaces in which they can participate in a wide variety of activities intended for fun, entertainment, distraction, rehabilitation, among others. Tourist Center: A conglomerate that has diverse tourist attractions intended to offer lodging, food, recreation or leisure services. Social Club: An establishment destined for the recreation of its visitors for the conducting of diverse recreational activities such as sports, social activities (events, dances, musical performances), cultural, among others. Cabin Complex: Lodging units, on the same land, generally in tourist areas, with complete bathroom, dining area, kitchen or kitchenette, and other services. Tenement: A large house, with an interior patio, divided into low-cost rental rooms, which generally has shared areas, such as laundry and sanitary facilities. Tourist Farm: An establishment that has rooms or cabins to provide the lodging service, which can be complemented with diverse arrangements and other contemporary services intended to provide comfort, characterized by being in the midst of nature. Glamping: A form of camping in which users enjoy diverse comforts and activities associated with more luxurious tourism; characterized by natural scenic beauty, in comparison with the traditional form of camping. Tourist Estate: A large property that has rooms or cabins to provide the lodging service, which can be complemented with diverse arrangements and other services, characterized by having crops and even farm animals. Lodging Facility: Any establishment that provides the service of occasional, temporary, or vacation lodging, with adequate conditions for the stay of tourists or visitors; these can be of hotel and non-hotel typology. Hostel: An establishment of lower category than a hotel, intended to provide lodging through a reduced offer of rooms, with or without private bathroom, and diverse areas of shared use such as kitchen, rooftops, and laundry areas. Hotel: A hospitality establishment whose principal activity consists of providing lodging, in which complementary services can be provided to satisfy the needs of its guests. Boutique Hotel: An establishment with luxurious connotations. It possesses unique architecture and elegant design. Its services are personalized, so they are adaptable according to the needs of clients. Mountain Hotel: An establishment generally of rustic design and intended to provide lodging, located on mountains or in their vicinity, which allows guests to interact with nature. Sanitary License: Authorization for an establishment to provide lodging or recreation services, once all technical and legal requirements established by the sanitary authority have been met. Motel: An establishment located on highways, as well as within the city, that facilitates room lodging with garage and independent entrance, for short stays. Water Park: A plot or space characterized by having recreational facilities, equipped with swimming pools and other areas intended for water contact games. National Park: Geographical, natural spaces, with extensive landscapes, whose conservation of flora and fauna is of national interest. For this reason, they have legal protection that obliges the protection and guarantee of their rational and sustainable management, promoting the relevant ecological processes for their preservation. Tourist Park: An establishment intended to provide a wide range of recreational facilities and services, which can range from artificial, urban, natural swimming pools or thermal waters, children's games, kiosks, conservation, care, and exhibition of animals, among others, without providing lodging services. Swimming Pool: The area constituted by a water container intended for bathing, sports, swimming, or hydrotherapy. National Reserve: A semi-protected area, of importance for wildlife, flora or fauna, or with geological features of special interest that is protected and managed by humans, for conservation purposes and to provide opportunities for research and education. Resorts: A tourist complex and a facility enabled for the development of tourist activity, in which a wide range of services and facilities related to hospitality are offered, especially dedicated to rest and recreation. Restaurant: A fixed establishment whose principal activity consists of providing food and beverage services, whether served à la carte, room service, or takeout. It must have a kitchen area, dining room, freezers, cleaning area, and other arrangements, in accordance with the provisions established in current regulations. Villas: A tourist offering complex that, in addition to providing lodging service in cabins, homes, or adapted rooms (or lodging in other modalities), can offer other complementary services. Tourist Housing, Apartment, or Condominium: Housing, apartment, or condominium, whose use is granted by the owner to a third party for seasonal or brief periods. These normally include furniture or services, such as periodic cleaning.

Article 5.-

State hostels or those administered by non-governmental organizations that are non-profit, as well as national parks or reserves, shall not require sanitary authorizations, unless they have facilities that provide services of sanitary interest to the public. However, they remain subject to the surveillance and inspection of ARSA, for the compliance with current sanitary regulations.

Article 6.-

ARSA, in order to exercise control in the sanitary regulation of establishments of sanitary interest regulated in the present provisions, prior to compliance with the established requirements, shall authorize Sanitary Licenses, following the following classification: A. Sanitary Licenses Category I. B. Sanitary Licenses Category II. C. Sanitary Licenses for Rentals.

Article 7.-

Lodging establishments and recreational centers classified in Category I are the following: A. Lodging Facilities: i. Resorts/Tourist Complexes ii. Beach Hotels iii. Bed and Breakfast iv. Hostels v. Mountain Hotel / Cabin Complex vi. Boutique Hotel vii. Business Hotels viii. Apart-Hotel ix. Motels B. Recreational Centers: i. Bathing Resort (including set of urban swimming pools, natural pools, and thermal waters). ii. Events/Conventions Center. iii. Social Club. iv. Water Park. v. Tourist Park. vi. Tourist Farm. vii. Tourist Estate. viii. Tourist Center.

Article 8.-

Lodging establishments and recreational centers, classified in Category II, are the following: A. Lodging Facilities: i. Bungalows ii. Villas iii. Chalets iv. Tourist Homes, Condominiums, and Apartments v. Retreat Centers vi. Glamping B. Recreational Centers i. Swimming Pool (for entertainment, educational, sports, and therapeutic purposes and those that are part of restaurants).

Article 9.-

For the operation of any establishment that provides rental for apartment, condominium, or tenement, a Sanitary License issued by ARSA must be held, meeting the minimum sanitary conditions for obtaining its authorization. TITLE II SANITARY LICENSES AND RECOVERY FEES CHAPTER I REQUIREMENTS FOR NEW SANITARY LICENSE AND RENEWAL

Article 10.-

To request a new Category I and Category II Sanitary License for the establishments contemplated in Article 7, interested parties must submit requirements online, in accordance with the following: 1. Completion of the Form for NEW SANITARY LICENSE CATEGORY I / CATEGORY II FOR LODGING / RECREATIONAL CENTER, on the official ARSA website www.arsa.gob.hn. 2. Original power of attorney, duly authenticated, and current professional association card of the legal representative (when applicable). 3. Articles of Incorporation of the Corporation or Individual Merchant. 4. Current public utility receipt. 5. Photographs of the area of the establishment where waste is deposited (establishing the schedule and approximate times for the collection of waste). 6. Photographs of the internal and external areas where each of the areas and arrangements of the establishment can be observed (reception, laundry, rooms, bathrooms, kitchen, maintenance area, swimming pool, among others). 7. Legible floor plan of the distribution of internal and external areas. 8. Environmental authorization or certificate issued by the competent authority. 9. Proof of payment for the recovery fee.

Article 11.-

To request renewal of a Category I/Category II Sanitary License for the establishments contemplated in Articles 7 and 8 of the present provisions, interested parties must submit requirements in person or online, in accordance with the following: 1. Completion of the Form for RENEWAL OF SANITARY LICENSE CATEGORY I / CATEGORY II FOR LODGING / RECREATIONAL CENTER, on the official ARSA website www.arsa.gob.hn. 2. Original power of attorney, duly authenticated, and current professional association card of the Legal Representative (when applicable). 3. Proof of payment corresponding to the recovery fee, for services rendered. The late renewal of the Sanitary License of Lodging Facilities and Recreational Centers may be requested up to six (6) months after the expiration date of the License, paying the recovery fee, in addition to a fine of up to one hundred percent (100%) of the value of the Sanitary License to maintain its nomenclature.

Article 12.-

To request a new Sanitary License / renewal for Rental, interested parties must comply with the following requirements: 1. Completion of the Form for NEW SANITARY LICENSE / RENEWAL FOR RENTAL, on the official ARSA website www.arsa.gob.hn. 2. Original power of attorney, duly authenticated, and current professional association card of the legal representative (when applicable). 3. Articles of Incorporation of the Corporation or Individual Merchant (when applicable). 4. Current public utility receipt. 5. Photographs of the internal and external areas where each of the areas of the establishment can be observed (rooms, bathrooms, and laundry). 6. Proof of payment corresponding to the recovery fee, for services rendered. CHAPTER II RECOVERY FEES

Article 13.-

For the granting of the authorization of Category I Sanitary License, new or renewal, of the establishments described in Article 7 of the present provisions, the following recovery fees for services rendered are updated. A. Lodging Facilities Classification Number of rooms Business days Recovery Fee for Services Rendered (SMP)/ new or renewal. 2 years 4 years 6 years A From 1 to 10 60 1/4 3/8 1/2 30 1/3 1/2 5/8 B From 11 to 40 60 2/5 3/5 9/11 30 1/2 4/5 1 C From 41 to 70 60 2/3 1 1 1/3 30 6/7 1 2/7 1 5/7 D From 71 to 100 60 1 1 4/7 2 1/10 30 1 1/3 2 2 5/7 E From 101 onwards 60 1 2/3 2 1/2 3 1/3 30 2 1/6 3 1/4 4 1/3 B. Motels Classification Number of rooms Business days Recovery Fee for Services Rendered (SMP)/ new or renewal. 2 years 4 years 6 years A From 1 to 10 60 1/5 2/7 2/5 30 1/4 6/16 1/2 B From 11 to 30 60 1/3 1/2 49/78 30 2/5 5/8 13/16 C From 31 to 50 60 50/99 3/4 1 30 2/3 50/51 1 27/88 D From 51 onwards 60 4/5 1 1/4 1 5/8 30 1 1 4/7 2 1/11 C. Recreational Centers Type of recreational center Business days Recovery Fee for Services Rendered (SMP)/ new or renewal. 2 years 4 years 6 years Bathing Resorts (including natural swimming pools and thermal waters) 60 1/4 7/20 2/3 30 27/89 13/20 13/15 Events/Conventions Center 60 1/5 3/10 2/5 30 13/50 16/41 1 3/10 Water Park 60 27/88 23/50 9/11 30 25/47 3/5 1 4/63 Tourist Park 60 7/26 23/57 7/13 30 7/20 7/8 1 1/6 Social Club 60 2/5 3/5 4/5 30 13/25 39/50 1 1/25 Tourist Center (complex with lodging and other services) 60 19/29 57/58 1 9/29 30 23/27 1 5/18 1 19/27

Article 14.-

For the granting of the authorization of Category II Sanitary License, new or renewal, of the establishments described in Article 8 of the present provisions, the following recovery fees for services rendered are updated. Note: The Sanitary License for apartments or condominiums applies only to buildings with more than four (4) residential units.

Article 14.-

For the granting of the authorization of Category II Sanitary License, new or renewal, of the establishments described in Article 8 of the present provisions, the following recovery fees for services rendered are updated. A. Lodging Facilities Type of lodging facility Business days Recovery Fee for Services Rendered (SMP)/ new or renewal. 2 years Tourist Homes, Apartments or Tourist Condominiums, Bungalows, Villas, Chalets, Retreat Centers, Glamping 60 1/5 30 13/50 B. Recreational Centers Type of Recreational Center Business days Recovery Fee for Services Rendered (SMP)/ new or renewal. 2 years Swimming Pools (For educational, therapeutic purposes and those that are part of residential areas or restaurants). 60 1/6 30 13/60

Article 15.-

For the granting of the authorization of Sanitary License for new rentals or renewal of the establishments described in Article 9 of these provisions, the following cost recovery fees for services rendered are established, which shall have a validity period of one (1) year. A. Apartments or Condominiums for Rent and Quarters. Category Business Days Cost recovery fee for services rendered (SMP)/new or renewal. Apartments or condominiums for rent 10 1/9 Quarters 10 1/12 Note: The Sanitary License for apartments or condominiums applies only to buildings with more than four (4) habitable units. TITLE III OF THE MODIFICATION OF SANITARY LICENSE CHAPTER I REQUIREMENTS AND COST RECOVERY FEE

Article 16.-

For the modification of the Sanitary Authorizations established in these provisions, the interested party must present the following requirements:

Article 15.-

For the granting of the authorization of Sanitary License for new rentals or renewal of the establishments described in Article 9 of these provisions, the following cost recovery fees for services rendered are established, which shall have a validity period of one (1) year. A. Apartments or Condominiums for Rent and Quarters.

TITLE III OF THE MODIFICATION OF SANITARY LICENSE CHAPTER I REQUIREMENTS AND COST RECOVERY FEE

Article 16.-

For the modification of the Sanitary Authorizations established in these provisions, the interested party must present the following requirements: 1. Completion of the Form for MODIFICATION OF SANITARY LICENSE CATEGORY I / CATEGORY II FOR LODGING / RECREATIONAL CENTER / RENTAL, on the official website of ARSA www.arsa.gob.hn. 2. According to the type of modification, the following must be presented: a. Change of name or business name: i. Photocopy of Public Deed Instrument, with modification duly registered, authenticated or original, for its verification and checking of the change. b. Change of legal representative: i. Legal document that certifies the change of the legal representative of the establishment, duly authenticated or verified. c. Transfer of ownership: i. Title deed, authenticated or original, for its verification, duly registered. d. Change due to remodeling or restructuring: i. New floor plans of the internal distribution of the premises, attaching photographs of each of the areas. e. Expansion or reduction of services:

  • i)

    Document that warrants the modification to be made, declaring the expansions or reduction of services, requested by the holder of the Sanitary License. ii. Photographs that warrant the modification. iii. Distribution plan (when applicable). f. Change of location of the establishment:

  • ii)

    New floor plans of the internal distribution of the premises, attaching photographs of each of the areas. iii. Sketch of the new exact address of the establishment. 3. Power of Attorney granted to the legal representative, duly authenticated and current professional license card (when applicable). 4. Payment receipt, for the concept of cost recovery fee for services rendered.

Article 17.-

For the modification of the Sanitary Authorizations established in these provisions, the following cost recovery fees for services rendered are established:

Article 17.-

For the modification of the Sanitary Authorizations established in these provisions, the following cost recovery fees for services rendered are established: Type of modification Business Days Fraction Subsections a, b and c of numeral 2, Article 16. 10 1/32 Subsections d, e and f of numeral 2, Article 16. 10 1/17 TITLE IV OF SANITARY INSPECTIONS

Article 18.-

In accordance with current regulations, all establishments intended to provide lodging or recreation services contemplated in these provisions, as

TITLE IV OF SANITARY INSPECTIONS

Article 18.-

In accordance with current regulations, all establishments intended to provide lodging or recreation services contemplated in these provisions, as well as apartments, condominiums and quarters for rent, are subject to inspections for verification of compliance with sanitary legislation.

Article 19.-

Every establishment described in these provisions must mandatorily register the routine activities carried out for the maintenance and cleaning of water storage and swimming pools (when applicable), pest control in the log formats established by ARSA (downloadable from the website), as well as the record of cleaning of rooms and air conditioning. These shall be requested and verified during inspection processes. TITLE V FINAL PROVISIONS

Article 20.-

For the purposes of these provisions, the resolution deadlines shall begin on the following business day after the application is submitted, containing and meeting all corresponding technical and legal requirements. In case of any requirement, the resolution deadline shall begin to run on the following business day of notification. If the case warrants inspection, it shall be carried out by the Sanitary Regulatory Agency.

Article 21.-

Within a period of six (6) months, counted from the date of entry into force of these General Provisions for the Sanitary Regulation of Lodgings and Recreational Centers, the Sanitary Regulatory Agency shall issue the corresponding Regulation.

Article 22.-

The sanitary licenses issued by the Secretariat of State in the Health Department shall maintain their validity until their expiration date, with the interested parties being required to conduct their processing as new in accordance with what is established in these provisions. In case that on the date of issuance of these provisions the license is expired, it shall be processed as new. SECOND: REVOKE, in all and each of its parts the provisions contained in AGREEMENT No. 184-2023, dated March 31, 2023, containing THE COST RECOVERY FEES for the granting of sanitary licenses, renewal or modification of HOTELS AND RECREATIONAL CENTERS, published in the Official Newspaper La Gaceta number 36,209 dated April 21, 2023. THIRD: This Agreement shall enter into force as of the day of its publication in the Official Newspaper "La Gaceta". LET IT BE COMMUNICATED AND PUBLISHED. PhD. DORIAN ELIZABETH SALINAS JIMÉNEZ COMMISSIONER PRESIDENT Abg. SAMUEL ELIAS AGUILAR SAUCEDA GENERAL SECRETARY

Notes

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