O-1569-1-98ENVIRONMENTAL HEALTH ORDINANCE
CITY OF ALLEN
ENVIRONMENTAL HEALTH
ORDINANCE NO. 1569-1-98
p
NO. 1569-1-98
ENVIRONMENTAL HEALTH ORDINANCE
ENVIRONMENTAL HEALTH ORDINANCE
INDEX
SECTION I FOOD SERVICE SANITATION
SECTION II SWIMMING POOLS
SECTION III CHILD CARE CENTERS
SECTION IV FAMILY HOME CHILD CARE
SECTION V MINIMUM STANDARDS FOR SANITATION AND
HEALTH PROTECTIVE MEASURES
SECTION VI ADMINISTRATION
EXHIBIT "A" FEE SCHEDULE
EXHIBIT "B" FOOD SERVICE ESTABLISHMENT
INSPECTION REPORT
1.2
NO. 1569-1-98
ENVIRONMENTAL HEALTH ORDINANCE
' CITY OF ALLEN
ENVIRONMENTAL HEALTH ORDINANCE
ORDINANCE NO.
NO. 1569-1-98
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
REPEALING ORDINANCE NO. 738-9-86 IN ITS ENTIRETY, AND ADOPTING
REGULATIONS FOR THE HEALTH AND ENVIRONMENTAL STANDARDS FOR
THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING RULES AND
REGULATIONS FOR A COMPREHENSIVE FOOD SERVICE SANITATION
PROGRAM; PROVIDING FOR REGULATIONS GOVERNING PUBLIC AND SEMI-
PUBLIC SWIMMING POOLS; PROVIDING RULES FOR CHILD CARE OPERA-
TIONS AND ADOPTION OF MINIMUM STANDARDS SET BY THE TEXAS
DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; PROVIDING
FOR NUMMUM ENVIRONMENTAL SANITATION STANDARDS; PROVIDING
FOR ENFORCEMENT; ESTABLISHING A SCHEDULE OF FEES; PROVIDING A
PENALTY OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
PROVIDING FOR AN APPEAL PROCESS; PROVIDING FOR A CONFLICT AND
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE OF
IMPLEMENTATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS:
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1
ENVIRONMENTAL HEALTH ORDINANCE
FOOD SERVICE SANITATION
TABLE OF CONTENTS
SECTION I
NO. 1569-1-98
ARTICLE 1. PURPOSE....................................................................................................................... 10
ARTICLE 2. DEFINITIONS................................................................................................................ 10
ARTICLE3. FOOD CARE.................................................................................................................. 14
A. Food Supplies.............................................................................................................................. 14
1. General
2. Special requirements
B. Food Protection........................................................................................................................... 15
1. General
2. Emergency occurrences
C. Food Storage ........................
1. General
2. Refrigerated storage
3. Hot storage
15
D. Food Preparation......................................................................................................................... 17
L General
2 Raw fruits and vegetables
3. Cooking potentially hazardous foods
4. Dry milk and dry milk products
5. Liquid, frozen, dry eggs, and egg products
6. Re heating potentially hazardous foods
7. Non-dairy products
8. Product temperatures
9. Thawing potentially hazardous foods
E. Food Display and Service
1.
Potentially hazardous foods
2.
Raw animal foods
3.
Milk and milk dispensing
4.
Non-dairy product dispensing
5.
Condiment dispensing
6.
Ice dispensing
7.
Dispensing utensils
S.
Re -service
9.
Display equipment
10. Reuse of tableware
11. Vending machines
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19
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
F. Food transportation.................................................................................................................... 21
G. HACCP plans required............................................................................................................... 21
ARTICLE 4. PERSONNEL.................................................................................................................. 21
A. Disease control ...........................
1. Generally
2. Duty of person in charge
3. Duty of employee
4. Duty of health authority
B. Food service managers certification .................................
1. Purpose
2. Requirement
3. Exception
4. Proof of knowledge
5. Additional training
6. Certification, renewal, transferability, revocation
C. Employee responsibilities........................................................................................................... 24
L Personal cleanliness
2. Clothing
' 3. Hair, Jewelry ......................................................................................................................
D. Employee practices.................................................................................................................... 25
E. Employer responsibility .............................................................................................................. 26
ARTICLE 5. CLEANING, SANITIZATION AND STORAGE OF EQUIPMENT
UTENSILS.................................................................................................................. 26
A. Equipment and Utensil Cleaning and Sanitization..................................................................... 26
L Cleaning frequency
2. Wiping cloths
3. Manual cleaning and sanitizing
4. Mechanical cleaning and sanitizing
5. Drying
6. Mechanical Dishwasher for reusable tableware
B. Equipment and Utensil Storage................................................................................................... 31
1. Handling
2. Knives
3. Storage
4. Single service articles
5. Prohibited storage area
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ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
D. Floor drains ....................
1. Food preparation area
2. Toilet room
E. Ceiling
F. Wall Surfaces.............................................................................................................................. 38
1. Food Preparation area
2. Toilet room
3. Walk-in coolers
4. Dry storage
5. Exposed construction
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ARTICLE 6. CLEANING AND MAINTENANCE OF PHYSICAL FACILITIES ..............................
32
A. Floors, Walls, Ceilings...............................................................................................................
32
B. Repair........................................................................................................................................
32
C. Equipment...................................................................................................................................
32
D. Toilet Fixtures.............................................................................................................................
33
E. Lavatories....................................................................................................................................
33
F. Garbage and Refuse....................................................................................................................
33
G. Insect and Rodent Control...........................................................................................................
33
H. Poisonous or Toxic Materials......................................................................................................
33
1. Premises......................................................................................................................................
33
ARTICLE 7. PLAN REVIEW, CONSTRUCTION, DESIGN, AND INSTALLATION
OF
PHYSICAL FACILITIES AND EQUIPMENT......................................................................................
36
A. Generally....................................................................................................................................
36
'
B. Plans Required.............................................................................................................................
36
C. Floor Surfaces.............................................................................................................................
36
1. Food preparation area
2. Toilet room
3. Walk-in coolers
4. Dry storage area
5. Floor carpeting
6. Prohibited floor covering
7. Utility line installation
8. Floor junctures
9. Wait Stations
D. Floor drains ....................
1. Food preparation area
2. Toilet room
E. Ceiling
F. Wall Surfaces.............................................................................................................................. 38
1. Food Preparation area
2. Toilet room
3. Walk-in coolers
4. Dry storage
5. Exposed construction
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ENVIRONMENTAL HEALTH ORDINANCE NO. 1569-1-98
6. Utility line installation
' 7. Attachment
G. Sink Requirements...........
H. Equipment Design, Installation and Lo
L Materials
2. Equipment design and fabrication
3. Equipment installation and location
I. Li¢htine................................................
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J.
Ventilation...................................................................................................................................
44
I. General
2. Special ventilation
K.
Dressing Rooms and Locker areas..............................................................................................
45
1. Dressing rooms
2. Locker areas
L.
Laundry Facilities.......................................................................................................................
45
M.
Administrative Area....................................................................................................................
45
'
N.
Sanitary Facilities and Controls..................................................................................................
45
L Water Supply
2. Sewage
3. Plumbing
4. Grease traps
5. Garbage grinders/disposal units
6. Drains
7. Toilet Facilities
8. Lavatory Facilities
O.
Garbage and Refuse....................................................................................................................48
1. Containers
2. Storage
P.
Insect and Rodent Control...........................................................................................................
49
1. Openings
2. Insect Control Devices
Q.
Poisonous or Toxic Materials......................................................................................................
49
R.
Premises......................................................................................................................................
50
ARTICLE & CATERING TRUCKS...................................................................................................
50
A.
General Requirements.................................................................................................................
50
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ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
1. Application
' 2. Permits
B. Special Requirements.................................................................................................................. 50
1. Food storage
2. Food items
3. Food handling
4. Waste retention
5. Water supply
C. Commissary, Base of Operations................................................................................................ 51
D. Operations and Servicing area................................................................................................... 51
ARTICLE 9. TEMPORARY FOOD SERVICE ESTABLISHMENTS................................................ 52
A. General........................................................................................................................................ 52
B. Temporary Sale of Potentially Hazardous Foods....................................................................... 52
1. Food trailers, and permanent structures
2. Food booths
C. Temporary Sale of Non Potentially Hazardous Foods and Certain Linked Products ................. 56
'
D. Inspections...................................................................................................................................
58
E. Personnel Practices......................................................................................................................
58
F. Sale of Fish and Shellfish Products Prohibited...........................................................................
58
G. Roadside Sales Prohibited...........................................................................................................
58
ARTICLE 10. CONCESSION FACILITIES.........................................................................................
58
A. Generally.....................................................................................................................................
58
B. Permits........................................................................................................................................
58
C. Compliance, Waiver of Requirements ........................................................................................
58
ARTICLE 11. ITINERANT VENDORS AND DELIVERY OF FOOD ..............................................
58
A. Application.................................................................................................................................. 58
B. Itinerant Sale of Food.................................................................................................................. 58
1. Potentially hazardous foods
' 2. Non potentially hazardous foods
3. Solicitor's Permit Required
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ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
C. Delivery of Food......................................................................................................................... 59
' ARTICLE 12. ICE CREAM AND SNOW CONE VENDORS............................................................. 60
A. Ice Cream Vendors................................................---------------------------------------------------------------- 60
B. Snow Cone
ARTICLE 13. FOOD CARTS...............................................................................................................
61
A. General Requirements.................................................................................................................
61
B. Construction and Operation........................................................................................................
61
Food Handling
C. Commissary .................................................................................................................................
63
D. Cleaning and Sanitizing..............................................................................................................
63
E. Personnel.....................................................................................................................................
63
ARTICLE 14. FOOD PERMITS, SUSPENSION AND ENFORCEMENT
A. Permits...............................................................................................
1. General
' 2. Issuance of Permit
3. Permit Fees
4. Suspension of Permit
5. Revocation of permit
BNotices........................................................................................................................................ 65
1. Service of Notice
2. Hearings
3. Permit Refunding
ARTICLE 15. INSPECTIONS
A. Access .........................
B. Consent to Inspection.................................................................................................................. 66
C. Inspection frequency.................................................................................................................. 66
D. Report of inspection................................................................................................................... 66
E. Correction of violations............................................................................................................... 66
F. Examination and condemnation of food..................................................................................... 67
' G. Procedures when infection is suspected...................................................................................... 67
H. Food Service Establishments Outside Jurisdiction of Regulatory Authority ............................. 68
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ENVIRONMENTAL HEALTH ORDINANCE
SECTION I
NO. 1569-1-98
PURPOSE: RULES AND REGULATIONS ON FOOD SERVICE SANITATION;
PROVIDING FOR PURPOSE, DEFINITIONS, FOOD CARE, PERSONNEL,
CLEANING, SANITIZATION AND STORAGE OF EQUIPMENT AND UTENSILS
AND MAINTENANCE OF PHYSICAL FACILITIES, PLAN REVIEW, CON-
STRUCTION, DESIGN, AND INSTALLATION OF PHYSICAL FACILITIES AND
EQUIPMENT, CATERING TRUCKS, TEMPORARY FOOD ESTABLISHMENTS,
CONCESSION FACILITIES, ITINERANT VENDORS AND DELIVERY OF FOOD,
ICE CREAM AND SNOW CONE VENDORS, FOOD CARTS, REQUIRING
PERMITS FOR THE OPERATIONS OF FOOD SERVICE ESTABLISHMENTS, AND
REGULATING THE INSPECTION OF SUCH ESTABLISHMENTS.
ARTICLE 1: Purpose. The function of these rules is to protect the public health by establishing
uniform requirements for food service operations.
ARTICLE 2: Definitions. For the purpose of these rules:
(A) "Adulterated" shall mean the condition of food:
(1) If it contains any poisonous or deleterious substance in a quantity which may render it
injurious to health;
(2) If it contains any poisonous or deleterious substance for which no safe tolerance has
been established;
(3) If it consists in whole or in part of any filthy, putrid or decomposed substance, or it is
otherwise unfit for human consumption;
(4) If it has been processed, prepared, packed or held under unsanitary conditions where it
may have become contaminated with filth, or whereby it may have been rendered
injurious to health;
(5) If it is whole or in part the product of a diseased animal or an animal which has died; or
(6) If its container is composed in whole or in part of any poisonous or deleterious substance
which may render the contents injurious to health.
(B) "Approved' shall mean acceptable to the regulatory authority based on their determination as to
conformance with appropriate standards and recognized public health practices.
(C) "Approved Source" shall mean a food processing establishment where the conditions and
methods of preparation and/or packaging are subject to official regulation or inspection by
federal, state and local regulatory authorities and where all federal, state and local regulations are
complied with.
(D) "Catering Truck" means a vehicle from which approved prepackaged foods are sold or conveyed
in such a manner that no direct food contact results.
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ENVIRONMENTAL HEALTH ORDINANCE NO. 1569-1-98
(E) "Closed' shall mean tightly fitted together leaving no openings large enough to permit the
entrance of vermin.
(F) "Commissary" shall mean a catering establishment, restaurant, or any other place in which food,
container, or supplies are kept, handled, prepared, packaged or stored.
(G) "Concession Facility" shall mean a food service establishment located within a building or
permanent structure equipped with electricity, public water supply, sanitary sewer and is
operated in association with sports and athletic or similar recreation activities on a seasonal basis
of more than 14 days but less than 3 months.
(H) "Condiments" shall mean spices, salt, pepper, sugar, catsup, mustard, mayonnaise, sauces,
nondairy creamers and other items added by the consumer to food.
(1) "Corrosion -resistant materials" means those materials that maintain their original surface
characteristics under prolonged influence of the food to be contacted, the normal use of cleaning
compounds and bactericidal solutions, and other conditions of use.
(J) "Easily cleanable" means that surfaces are readily accessible and made of such materials and
finish and so fabricated that residue may be effectively removed by normal cleaning methods.
(K) "Event' means a gathering of persons at a predetermined location and time with specific
purposes and goals unrelated to the temporary sale of food. Events shall include but not limited
' to non profit organization fund raising activities, circuses, carnivals, cultural and social
activities, holiday celebrations, parades, and promotions of stationary businesses.
(L) "Food' means any raw, cooked, or processed edible substance, ice, beverage or ingredient used
or intended for use or for sale in whole or in part for human consumption.
(M) "Food cart" means a mobile unit which is not motorized and is designed and intended for sale of
certain prepackaged foods and precooked products requiring only heating.
(N) "Food -contact surface" means those surfaces of equipment and utensils with which food
normally comes in contact, and those surfaces from which food may drain, drip or splash back
onto surfaces normally in contact with food.
(0) "Food establishment' means any place where food is manufactured, packaged, prepared, sold or
conveyed. The term includes food processing establishments, food service establishments, retail
food stores as defined herein regardless of whether there is a charge for food. The term does not
include private homes where food is prepared or served for individual family consumption.
(P) "Food processing establishment' means a commercial establishment in which food is
manufactured or packaged for human consumption.
(Q) "Food service establishment' means any place where food is prepared and intended for
individual portion service, and includes the site at which individual portions are provided. The
term includes any such place regardless of whether consumption on or off the premises and
regardless of whether there is a charge for the food. The term does not include private homes
where food is prepared or served for individual family consumption, food processing plants, and
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
(DD) "No food preparation' shall mean any area in which foods are provided prewrapped, from an ap-
proved source, with a microwave or convection oven. "No food preparation" is limited to
prepackaged sandwiches or similar food, candies and containerized drinks.
(EE) 'Nonfood contact surface' means a surface (including, but not limited to, a shelf, counter, fan or
an exterior part of equipment) that does not normally come into contact with food in the
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the location of vending machines and supply vehicles.
(R)
"FRP wallboard" shall mean fiberglass reinforced polyester wallboard with a thickness of three -
thirty seconds -inch or greater.
(S)
"Hazard Analysis Critical Control Point (HACCP)" is a prevention based food safety system
which consists of (1) hazards associated with any phase of a food product; (2) determination of
critical control points required to control any identified hazard; (3) establishment of procedures
to monitor critical control points.
(T)
"Hermetically sealed container" means a container that is designed and intended to be secure
against the entry of microorganisms and to maintain the commercial sterility of its content after
processing.
(U)
"Heavy food preparation" shall mean any area in which foods are prepared, utilizing a grill,
griddle, deep fat fryer, commercial oven, and any other similar food preparation equipment; or
any area subject to flushing or wet cleaning procedures or to the cutting or processing of meat,
poultry, fish, pork or similar products. Heavy food preparation includes, but is not limited to
cafeterias, fast food restaurants, full service restaurants, pizza preparation, donut preparation,
meat and fish markets.
(V)
"Hot water" shall mean water temperature of 120 degrees Fahrenheit.
(W)
"Hygienic practices" shall mean the exhibition by food service employees of personal practices
and methods that reduce the likelihood of contaminating food, drink and food contact surfaces of
equipment, utensils or single service articles and that promote sanitary food preparation and
service.
(X)
"Kitchenware" means all multi -use utensils other than tableware.
m
"Law" includes federal, state, and local statutes, ordinances, regulations and rules.
(AA)
"Light food preparation' shall mean any area in which foods are prepared without the use of
fryers, grills or other similar equipment. Light food preparation limited to the preparation of hot
dogs, sandwiches, salads and other similar foods and fountain type drinks.
(BB)
"Misbranded' shall mean the presence of any written, printed or graphic matter, upon or
accompanying food or containers of food, which is false or misleading, or which violates any
applicable labeling law.
(CC)
"Mobile food unit' means a vehicle mounted food service establishment designed to be readily
movable.
(DD) "No food preparation' shall mean any area in which foods are provided prewrapped, from an ap-
proved source, with a microwave or convection oven. "No food preparation" is limited to
prepackaged sandwiches or similar food, candies and containerized drinks.
(EE) 'Nonfood contact surface' means a surface (including, but not limited to, a shelf, counter, fan or
an exterior part of equipment) that does not normally come into contact with food in the
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ENVIRONMENTAL
NO. 1569-1-98
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operation of a food establishment but may he exposed to splash and food debris.
'
(FF)
'Packaged" means bottled, canned, carton or securely wrapped.
(GG)
'Perishable food' shall mean any food or such type or in such condition as may spoil.
(HH)
'Person in charge' means the individual present in a food establishment who is the actual or
apparent supervisor of the food service establishment at the time of inspection. If no individual
is the apparent supervisor, then any employee present is the person in charge.
(II)
'Potentially hazardous food' means any food that consists in whole or in part of milk or milk
products, eggs, meat, poultry, fish, shellfish, edible crustacea, or any other ingredients, including
synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious
or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor free
boiled shell eggs or foods which have a pH level of 4.6 or below or a water activity (Aw) value
of 0.85 or less.
(JJ)
"Precooked linked products" shall mean certain products containing any combination of beef,
pork, poultry, and vegetable protein, wrapped in a shell membrane, cut into individual links, and
thoroughly cooked. Such products may be reheated prior to serving but do not require further
cooking.
(KK)
'Reduced oxygen packaging means the reduction of oxygen in a package by mechanically
evacuating, displacing the oxygen with another gas or combination of gases; or otherwise
'
controlling the oxygen content to a level below that normally found in the surrounding
atmosphere, which is 21%oxygen.
(LL)
"Reconstituted" means recombining dehydrated food products with water or other liquids.
(MM)
'Regulatory authority" means the local health enforcement authority, Sanitarian, Environmental
Health Inspector or authorities in the City of Allen having jurisdiction over the food service
establishment.
(NN)
"Safe materials" means articles manufactured from or composed of materials that may not
reasonably be expected to become a component of or otherwise affect the characteristics of any
food either directly or indirectly. If materials are food additives or color additives m defined in
Section 201(s) or (t) of the Federal Food, Drug, and Cosmetic Act, they are "safe' only if used as
specified in Section 409 or 706 of the Act. Other materials are "safe' only if they are not food or
color additives w defined in Section 201(s) or (k) of the Act, as used.
(00)
"Safe temperatures" as applied to potentially hazardous food shall mean temperatures of forty
(40)°F.(5)°C. or below and temperatures of one hundred forty (140)°F. (60)°C. or above.
(PP)
'Sanitization' means effective bactericidal treatment by a process that provides enough
accumulative heat or concentration of chemicals for enough time to reduce the bacterial count,
including pathogens, to a safe level on utensils and equipment.
' (QQ)
'Sealed' means free of cracks or other openings that permit the entry or passage of moisture.
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Ine\VCAL`ISla.rfilm: MAIM r I r l.: .
NO. 1569-1-98
(RR) "Single -service articles" means cups, containers, lids, closures, plates, knives, forks, spoons,
' stirrers, paddles, straws, napkins, wrapping materials, toothpicks and similar
articles intended for one-time, one-person use and then discarded.
(SS) 'Blacking" means the process of moderating the temperature if a food such as allowing a food to
gradually increase from a temperature of -10°F (-23°C) to 25°F (-4°C) in preparation for deep fat
frying or to facilitate even heat penetration during the cooking of previously block frozen food
such as spinach.
(TI) "Tableware" shall mean all multi use eating and drinking utensils including flatware (knives,
forks and spoons), chopsticks and skewers.
(UU) "Temporary food service establishment' means a food service establishment that operates at a
fixed location for a period of time of not more than 14 consecutive days or on a seasonal basis of
more than 14 days but less than 180 days in conjunction with an event or celebration.
(VV) "Utensil' means any implement used in the storage, preparation, transportation or service of
food.
(WW) "Vending machines" means any self service device which dispenses a serving of food in bulk or
in packages, without the necessity of replenishing the unit between each vending operation.
(XX) "Water activity" means the water in a food or medium that is available to microorganisms for
' growth. The water activity value is the point where the relative humidity of an atmosphere
around a food neither gains nor loses water so that the two (2) humidities are in equilibrium and
the water vapor pressure of the food is the same as the atmosphere. The water vapor pressure of
pure water at the same temperature is numerically equal to the water activity.
(YY) "Wholesome' shall mean in sound condition, clean, free from adulteration and otherwise suitable
for use as human food.
ARTICLE 3: Food Can
(A) Food Supplies
(1) General. Food shall be in sound condition, free from spoilage, filth, or other
contamination and shall be safe for human consumption. Food shall be obtained from
sources that comply with all laws relating to food and food labeling. The making of pre -
made sandwiches and other pre -made packaged food other than individual portions is a
manufacturing process which requires proper labeling and the facility shall be registered
as a manufacturer with the State of Texas. The use of food in hermetically sealed
containers that was not prepared in a food processing establishment is prohibited.
Expiration dates on all food containers shall be required.
(2) Special Requirements
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ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
(a) All milk and milk products to include from and dry milk sold in the City of
Allen shall he pasteurized.
(b) Fresh and frozen shucked shellfish (oysters, clams or mussels) shall be packed in
non returnable packages identified with the time and address of the original
shell stock processor, shucker-packer or repacker, sell by_or shuck date and the
interstate certification number issued according to law. Shell stock and shucked
shellfish shall be kept in the container in which they were received until they are
used. Each container of unshucked shell stock (oysters, clams, or mussels) shall
be identified by an attached tag that states the name and address of the original
shell stock processor, the kind and quantity of shell stock, and an interstate cer-
tification number issued by the State or foreign shellfish control agency. Only
fish from a commercially approved source and approved by the regulatory
authority shall be served or sold.
(c) Only pasteurized, clean whole eggs with shell intact, from, dry eggs, shall be
used, except that commercially prepared and packaged, peeled, hard boiled eggs
also may be used.
(d) Reduced oxygen packaging criteria shall be in accordance with Section 3-502.12
of the Federal food Code and a HACCP plan, Section 8- 201.14, and shall be
required prior to installation of packaging equipment.
(e) Wild game is prohibited for sale or service except from a commercially
approved source.
(B) Food Protection
(1) General. At all times, including while being stored, prepared, displayed, served, vended
or transported, food shall be protected from potential contamination, cross
contamination, dust, insects, rodents, unclean equipment and utensils, chemicals, money
laden unwashed hands, tasting, unnecessary handling, inadequate packaging coughs and
sneezes, flooding, drainage and overhead drippage from condensation. The internal
temperature of potentially hazardous food shall be 40°F. (50C.) or below 140°F. or
(600C.) or above at all times. Food shall not be allowed to stand at room temperature,
except as otherwise provided in these rules.
(2) Emergency Occurrences. In the event of an emergency, such as a fire, flood, water or
power outage, sewage backup, or similar event, which might result in the contamination
of food, or which might prevent potentially hazardous food from being held at required
temperatures, the person in charge shall immediately discontinue operations and contact
the regulatory authority. Upon receiving notice of this occurrence, the regulatory
authority shall take whatever reasonable action that it deems necessary to protect the
public health.
(C) Food Storage
(1) General
(a) Food, whether raw or prepared, if removed from the container or package in
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ENVIRONMENTAL
NO. 1569-1-98
' which it was obtained, shall be stored in a clean covered container except during
necessary periods of preparation or service. Container covers shall be
impervious and nonabsorbent, except that linens or napkins may be used for
lining or covering bread or roll containers. Solid cuts of meat shall be protected
by being covered in storage, except that quarters or sides of meat may be hung
uncovered on clean sanitized hooks if no food product is stored beneath the
meat.
(b) Containers of food shall be stored a minimum of six inches above the floor (12
inches when hose down cleaning methods are used) in the manner that protects
the food from splash and other contamination, and that permits easy cleaning of
the storage area, except that:
1) Metal pressurized or boxed beverage containers, and cased food
packaged in cans, glass or other waterproof containers shall be stored in
a manner to allow easy cleaning; and
2) Bulk food products and containers shall be stored on dollies, or racks,
provided such equipment is easily moveable.
(c) Food and containers of food shall not be stored under exposed or unprotected
sewer lines or water lines, except for automatic fire protection sprinkler heads
that may be required by law. The storage of food and single service items in
' toilet, locker, dressing, mechanical rooms or vestibules is prohibited.
(d) Food not subject to further washing or cooking before serving (ready -to -eat)
shall be stored in a way that protects it against cross -contamination from food
requiring washing or cooking (raw foods).
(e)
Packaged food shall not be stored in contact with water or undrained ice.
Wrapped sandwiches shall not be stored in direct contact with ice.
(f)
Unless its identity is unmistakable, food not stored in the product container or
package in which it was obtained, shall be stored in a container labeling the food
by common name.
(g)
Non perishable foods shall be stored in a cool, clean dry well ventilated room.
(2) Refrigerated
Storage
(a)
Conveniently located mechanical refrigeration facilities shall be provided to
assure the maintenance of all potentially hazardous food at required tempera-
tures during storage. Each mechanically refrigerated facility storing potentially
hazardous food shall be provided with a numerically scaled indicating ther-
mometer, accurate to t3°F. (f1.70C.), located to measure the air temperature in
the warmest part of the facility and located to be easily readable. Recording
thermometers, accurate to f3°F. (t1.7°F.), may be used in lieu of indicating
thermometers.
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ENVIRONWNTAL HEALTH ORDINANCE
NO. 1569-1-98
(b) Potentially hazardous food requiring refrigeration after preparation shall be
rapidly cooled to an internal temperature of 40°F. (50C.) or below (From 140°F.
(60°C) to 70°F. (21°C) within 2 hours and from 70°F (21°C) to 40°F (5°C) or
below within 4 hours). Potentially hazardous foods may be prepared in small
batches, however food prepared in large quantities shall be rapidly cooled
utilizing quick chilling or rapid cooling equipment or other methods such as
loosely covered or uncovered shallow pans (maximum 4 inches deep), agitation,
or water circulation external to the food container so that the total cooling period
shall not exceed four (4) hours. If cooling period exceeds four (4) hours it shall
be discarded as waste. Potentially hazardous food to be transported shall be pre
chilled and held at a temperature of 40°F. (50C.) or below at all times unless
maintained in accordance with paragraph (3) (b) of subsection (C) of this rule.
(c) Frozen foods shall be kept frozen and shall be stored at a temperature of 0°F.
(-IS°C.) or below. Before service or sale in ready -to -eat form, raw, marinated,
or partially cooked fish other than molluscan shellfish shall be frozen to a
temperature of -31°F (-35°C) for 15 hours in a blast freezer. Records shall be
maintained.
(d) Ice intended for human consumption shall be from an approved source, and not
be used as a medium for cooling stored food, food containers or food utensils,
except that such ice may be used for cooling tubes conveying beverages or
beverage ingredients to a dispenser head. Ice used for cooling stored food and
food containers shall not be used for human consumption.
(e) Ready-tc-eat potentially hazardous foods prepared and held for more than 24
hours or frozen shall be clearly dated with date of preparation.
(3) Hot Storage
(a) Conveniently located hot food storage facilities, approved by the regulatory
authority, shall be provided to assure the maintenance of food at the required
temperature during storage. Each hot food facility shall be provided with a
numerically scaled indicating thermometer, accurate to i3°F. (t1.70C.), located
to measure the air temperature in the coolest part of the facility and located to be
easily readable. Recording thermometers accurate to t3°F. f1.70C.) may be
used in lieu of indicating thermometers. Where it is impractical to install
thermometers on equipment such as bawnaries, steam tables, steam kettles, heat
Imps, cal -rod units, or insulated food transport carriers, a product thermometer
must be available and used to check internal food temperature.
(b) The internal temperature of potentially hazardous foods requiring hot storage
shall he 140°F. (600C.) or above except during necessary periods of preparation.
Potentially hazardous food to be transported shall be held at a temperature of
140°F. (600C.) or above unless maintained in accordance with paragraph (2) (b)
' of subsection (C) of this rule.
(D) Food Preparation
1.17
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
(1) General. Food shall be prepared with the least possible manual contact, with suitable
utensils, and on surfaces that prior to use have been cleaned, rinsed and sanitized to
prevent cross -contamination. Where operations require continuous manual contact with
potentially hazardous foods, and ready -to -eat foods,_disposable gloves, tongs or other
utensil shall be used. Hands shall be washed prior to using utensils, gloves, food
preparation and as often as necessary during preparation. Separate cutting boards and
utensils shall be used for ready -to -eat foods and raw potentially hazardous foods.
(2) Raw Fruits and Raw Vegetables. Raw fruits and raw vegetables shall be thoroughly
washed with potable water before being cut, cooked, combined with other ingredients or
served for human consumption in ready -to -eat form.
(3) Cooking Potentially Hazardous Foods. Potentially hazardous ingredients shall be held at
safe temperatures except during actual food preparation of products. Preparation shall be
accomplished quickly and without delay. Potentially hazardous foods requiring cooking
shall be cooked to heat all parts of the food to a temperature of at least 145°F. (630C.)
for 15 seconds, except that:
(a) Poultry, poultry stuffing, stuffed meats and stuffing containing meat shall be
cooked to heat all parts of the food to at least 165°F. (740C.) for 15 seconds with
no interruption of the cooking process.
(b) Pork, pork products, comminuted (gmund/combined/mixed) fish and meat, and
game shall be cooked to heat all parts of the food to at least 155°F. (680C.) for
15 seconds.
(c) Roast beef shall be cooked to an internal temperature of at least 145°F (63°C)
for 3 minutes.
(d) Ground beef products shall be cooked to internal temperature of at least 155°F
(680C), for 15 seconds, center being brown or gray, and juices clear with no
trace of pink.
(e) Microwave cooking. Raw animal foods cooked in a microwave shall be rotated
or stirred throughout to compensate for uneven distribution of heat. Foods shall
be heated to at least 165°F (740C).
(4) Dry Milk and Dry Milk Products. Only pasteurized reconstituted dry milk and dry milk
products shall be used.
(5) Liquid, Frozen, Dry Eggs and Egg Products. Only pasteurized Liquid, frozen, dry eggs
and egg products shall be used. Such eggs shall be substituted for shell eggs in the
preparation of foods that are not cooked such as Caesar salad, hollandaise or bernaise
sauce noncommercial mayonnaise, eggnog, and egg -fortified beverages.
' (6) Re heating. Potentially hazardous foods that have been cooked and then refrigerated,
shall be reheated rapidly to 165°F. (740C.) or higher for 15 seconds throughout before
being served or before being placed in a hot food storage facility at 140°F. The
1.18
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
1.19
establishment shall utilim stoves, ovens, microwave ovens, and high heat pressure
steamers for rapid re heating. Microwave re heating shall require foods to be rotated or
stirred through out during heating and heated to a temperature of at least 165°F (740C).
Steam tables, bainmaries, warmers, and similar hot food holding facilities are prohibited
for the rapid re heating of potentially hazardous foods.
(7)
Nondairy Products. Nondairy creaming, whitening, or whipping agents may be
reconstituted on the premises only when they will be stored in sanitized, covered
containers not exceeding one gallon in capacity and cooled to 40°F. (5°C) or below
within four hours after preparation.
(8)
Product Thermometers. Metal stem -type numerically scaled indicating thermometers, or
electronic digital thermometers accurate to t2°F. (tLl°C.), shall be provided and used
to assure the attainment and maintenance of proper internal cooking, holding, or refriger-
ation temperatures of all potentially hazardous foods.
(9)
Thawing Hazardous Foods. Potentially hazardous foods shall be thawed:
(a) In refrigerated units at a temperature not to exceed 40°F. (5°C.) ; or
(b) Under potable running water of a temperature of 70°F. 210C.) or below, with
sufficient water velocity to agitate and float off loose food particles into the
overflow; or
'
(c) In a microwave oven ONLY when the food will be immediately transferred to
the conventional cooking facilities as part of a continuous cooking processor
when the entire, uninterrupted cooking process takes place in the microwave
oven; or
(d) As part of the conventional cooking process.
(E) Food
Display and Service
(1)
Potentially Hazardous Foods. Potentially hazardous food shall be kept at an internal
temperature of 40°F. (50C.) or below or at an internal temperature of 140°F. (600C.) or
above at all times during display and service.
(2)
Raw foods of animal origin shall not be made available for self service.
(3)
(a) Milk and Cream Dispensing
Milk and milk products for drinking purposes shall be provided to the consumer
in an unopened, commercially filled package not exceeding one pint in capacity,
or drawn from a commercially filled container stored in a mechanically
refrigerated bulk milk dispenser. Where it is necessary to provide individual
servings under special institutional circumstances, milk and milk products may
be poured from a commercially filled container provided such a procedure is
authorized by the regulatory authority. Where a bulk dispenser for milk and
milk products is not available and portions of less than one-half pint are required
'
for mixed drinks, cereal, or dessert service, milk and milk products may be
poured from a commercially filled container. Expiration dates on all milk
1.19
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' products shall be observed.
(b) Cream or half and half shall be provided in an individual service container,
protected pour -type pitcher, or drawn from a refrigerated dispenser designed for
such service.
(4) Nondairy Product Dispensing. Nondairy creaming or whitening agents shall be provided
in an individual service container, protected pour -type pitcher, or drawn from a
refrigerated dispenser designed for such service.
(5) Condiment Dispensing.
(a) Condiments, seasonings and dressings for self-service use shall be provided in
individual packages, from dispensers or from original_ containers designed for
dispensing and protected in accordance with paragraph (8) of subsection (E) of
this rule.
1.20
(b) Condiments provided for table or counter service shall be individually portioned,
except that catsup and other sauces may be served in the original container or
pow -type dispenser. Sugar for consumer usage shall be provided in individual
packages or in pow -type dispensers.
(6) Ice Dispensing. Ice for consumer use shall be dispensed only by employees with
scoops, tongs, or through automatic self service, ice -dispensing equipment. Ice
'
dispensing utensils shall be stored on a clean surface or in the ice with the dispensing
utensil's handle extended out of the ice. Between uses, ice transfer receptacles shall be
stored in a way that protects them from contamination. Ice storage bins shall be drained
through an air gap. Automatic service units shall be used for self-service.
(7) In use dispensing utensils. To avoid unnecessary manual contact with food, suitable
dispensing utensils shall be used by employees or provided to consumers who serve
themselves. Between uses during service, dispensing utensils shall be:
(a) Stored in the food with the dispensing utensil handle extended out of the food;
or
(b) Stored clean and dry; or
(c) Stored in running water of sufficient velocity to flush particles; or
(d) Stored either in a running water dipper well, or clean and dry in the case of
dispensing utensils and malt collars used in preparing frozen desserts.
(8) Re -service. Once served to a consumer, portions of leftover food shall not be served
again except that packaged food, other than potentially hazardous food, that is still
packaged and is still in sound condition, may be re -served.
'
(9) Display Equipment. Food on display shall be protected from consumer contamination
by the use of packaging or by the use of an easily cleanable counter, serving line or salad
1.20
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' bar protector devices, closed display cases, or by other effective means. Enough hot or
cold food facilities shall be available to maintain the required temperature of potentially
hazardous food on display.
Food not protected under these rules shall be discarded as waste.
(10) Reuse of Tableware. Reuse of soiled tableware by self-service consumers returning to
the service area for additional food is prohibited. Beverage cups and glasses are exempt
from this requirement.
(11) Vending machines. Shall be equipped with a self closing door or cover. A machine
vending potentially hazardous food shall have an automatic control that prevents the
machine from vending food if there is a failure or condition that does not allow the
machine to maintain safe temperatures.
(F) (1) Food Transportation. During transportation, food and food utensils shall be kept in
covered containers or completely wrapped or packaged so as to be protected from the
sun, heat, dust, insects, and other contamination. Foods in original individual packages
do not need to be over -wrapped or covered if the original package has not been torn or
broken. During transportation, including transportation to another location for service or
catering operations, food shall meet the requirements of these rules relating to food
protection and food storage.
(2) Vehicles for the Transportation of food. All vehicles used for transporting food
' shall be covered and kept clean. These vehicles shall not be used for hauling
garbage, petroleum, or other materials which could cause food contamination.
Completely inclosed refrigerated or heated units are required when transporting
potentially hazardous foods.
(G) Hazard Analysis Critical Control Point (HACCP). The regulatory authority may on a case by
case bases, require HACCP plans for certain food operations such as Reduced Oxygen
Packaging and Smoking and Curing operations.
ARTICLE 4. PERSONNEL
(A) Disease Control
(1) Generally. No person, employee or applicant, while infected with a communicable
disease that can be transmitted by or through foods or who is a carrier of organisms that
cause such a disease or while afflicted with a boil, an infected wound, or an acute
respiratory infection, gastrointestinal infection, jaundice fever or exhibits other signs of
illness, shall work in a food service establishment in any capacity in which there is a
likelihood of such person contaminating food or food -contact surfaces with pathogenic
organisms or transmitting disease to other persons.
' (2) Duty of person in charge.
(a) If the person in charge of a food establishment knows or has reasonable cause to
believe that a person working in the facility is in violation of subsection (A) (1)
1.21
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
of this article, the person in charge shall immediately remove that person from
the facility.
(b) The person in charge shall reinstate an employee only when receiving written
documentation from a licensed physician stating that the person is no longer ill,
is no longer in an infectious condition, and is able to resume duties as a food
handler.
(c) The person in charge shall report to the regulatory authority persons diagnosed
with or suspected of having Salmonella, Shigella, Escherichia coli 0157:117, or
hepatitis A vims infection.
(3) Duty of employee. If a person who works in a food establishment knows or has
reasonable cause to believe that they we in violation of subsection (A) (1) of this article,
they shall immediately inform the person in charge of that fact or belief.
(4) Duty of the regulatory authority. When infection or disease outbreak is suspected, the
regulatory authority may cause a person working or applying for work in a food
establishment to be examined to determine if the person is in violation of subsection (A)
(1) of this article. If the regulatory authority has reasonable cause to suspect that a
person is in violation of subsection (A) (1) of this article, the regulatory authority may
take reasonably necessary action to prevent further infection of or transmission to others,
such m including but not limited to:
' (a) Securing a morbidity report of the person;
(b) Excluding the person from all food establishment; or
(c) Closing the food establishment in which the person works until the regulatory
authority determines that the risk of infection or transmission to others or disease
outbreak no longer exists.
(B) Food Service Managers Certification
(1) Purpose. The purpose of this section is to require the certification of supervisory
personnel of a food service establishment, so that supervisory personnel shall have
knowledge of safe techniques for storage, preparation, display, and service of foods with
the underlying purpose of preventing food home illness and protecting the public health.
Supervisory personnel shall train employees under their supervision regarding same.
(2) Requirements
(a) Within 120 days of the effective date of this section, a food service
establishment shall have on each shift, at least one person who is an on site
supervisory employee of that food establishment responsible for food protection
' and service, and has a current certificate which satisfies the requirements of sub
section (B) (4) below.
1.22
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
(b) The regulatory authority may require additional certified operators per shift to
' insure that all food preparation and service is performed under the direction of
certified food service personnel.
(c) Whenever a certified food service manager terminates employment, the food
establishment shall employ another certified food service supervisor within 30
days of the effective date of termination.
(3) Exemption from Requirement.
(a) Food service establishments that serve, sell, or distribute pre-packaged foods
and/or foods which are not potentially hazardous may be exempted from these
requirements by the regulatory authority.
(b) The regulatory authority may waive or modify the requirements of this
ordinance for temporary food service establishments, special facilities and/or
events.
(4) proof of Knowledge.
All certified food service supervisors must provide the regulatory authority with
documentation verifying their knowledge of safe food handling procedures applicant has
achieved a passing score on an examination, which has and food home illness
prevention. Satisfactory documentation may consist of one of the following:
' (a) A certificate from an accredited testing agency which certifies that the been
designed to measure the understanding and application of safe food handling
techniques and practices.
(b) A certificate from a training program which has been approved by the Texas
State Health Department under the provisions of state law.
(5) Demonstration of Knowledge.
A manager or person in charge may be required to demonstrate to the regulatory
authority knowledge of food borne disease prevention, application of the Hazard
Analysis Critical Control point principles, and the requirements of this Ordinance as it
relates to the food operation.
(6) Additional Training.
The regulatory authority may require certified supervisory personnel, and or operators to
successfully complete additional training when:
(a) The employing food service establishment has repeated or persistent violations
of critical health code requirements or effective corrective action has not been
taken over a reasonable period of time, as determined by the regulatory
authority.
(b) The employing food service establishment is suspected by the regulatory
authority as a source of food borne illness. All cost associated with training
shall be the responsibility of the food service establishment.
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ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
(7)
Renewal of Certification.
'
All certified food service operators shall renew their certificate every two years in
accordance with subsection (B) (4) above.
(8)
Proof of certification.
Each certified food service operator shall display their certificate in a prominent location
in the establishment or carry it on their person when on duty, as directed by the
regulatory authority.
(9)
Certificate Transferability.
A food service operators certificate is not transferable from one to another person.
(10)
Certificates from other cities may be accepted with approval of the regulatory authority.
(11)
Revocation of Certification.
The regulatory authority may revoke a food service operators certification if the holder:
(a) Has been convicted of interfering with the lawful inspection or investigation of a
food establishment;
(b) Makes a false statement of material fact in the application for certification or
renewal of certification; or
(c) Was employed as a food service supervisor of an establishment where the
'
establishments food service permit was suspended two or more times within a
twenty four (24) month period or where the establishments food service permit
was revoked.
(C) Employee Responsibilities
(1)
Personal Cleanliness. All employees shall thoroughly clean their hands and exposed
portions of the arms with a cleaning compound by vigorously rubbing together the
surfaces of their lathered hands and arms and thoroughly rinsing with clean water. Signs
shall be posted to this effect. Particular attention shall be given to underneath fingernails
and between fingers. Employee finger nails shall be kept clean and trimmed. Finger nail
polish and false fingernails are prohibited.
(a) Safe chemical hand sanitizing solutions may be used in addition to hand washing
not as a substitute for same.
(b) Employees shall wash their hands at the following times:
(1) After touching bare human body parts other than clean hands and
clean, exposed portions of arms;
(2) After using the toilet room;
(3) After coughing, sneezing, using a handkerchief or disposable tissue,
using tobacco, eating or drinking;
(4) After handling soiled equipment or utensils;
(5) Immediately before engaging in food preparation including working
1.24
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
with exposed food, ready -to -eat foods, using gloves, clean equipment
and utensils, and unwrapped single service articles;
(6) During food preparation, as often as necessary to remove soil and
contamination and to prevent cross contamination when changing tasks;
(7) When switching working with raw foods and working with ready -to -eat
foods; or
(8) After engaging in other activities that contaminate the hands.
(2) All employees while engaged in food preparation, food service and utensil washing
shall wear clean outer clothing. When moving from a mw food operation to a ready -to -
eat operation, employees shall wear a clean outer covering, such as aprons or smocks,
over clothing or change to clean clothing if their clothing is soiled. Tank tops and
similar clothing shall be prohibited in the same above mentioned areas.
(3) Hair
(a) Employees working in food preparation and utensil cleaning areas shall use
effective hair restraints (hair coverings or nets, caps, hats, beard restraints and
clothing) to prevent the contamination of hands, food or food contact surfaces.
Hair spray alone shall not be considered an effective hair restraint.
(b) Employees with long hair shall be required to gather and tie their hair behind
their head, in addition to wearing approved hair nets, hats, and caps.
' (4) Employees shall remove all loose or unsecured jewelry. When manipulating food by
hand, remove any jewelry that cannot be adequately sanitized. Plain weeding bands are
acceptable.
(5) Employees involved only in the conveying of meals and drinks to dinning areas, such as
waiters and waitresses, shall meet all personal hygiene requirements in this section
deemed necessary by the regulatory authority. The regulatory authority may waive or
modify certain requirements for employees involved in minimal food handling
capacities.
(D) Employee Practices
(1) Employees shall consume food only in designated dining areas. An employee dining
area shall not be so designated if consuming food there may result in contamination of
other food, equipment, utensils or other items needing protection. In that case,
employees shall eat in the customer dining area. Employees may drink from closed
beverage containers providing no contamination may result.
(2) Employees shall not use tobacco in any form while engaged in food preparation or
service, nor while in equipment washing or utensil washing or food preparation areas.
An employee tobacco use area shall not be designated for that purpose if the use of
tobacco there may result in contamination of food, equipment, utensils or other items
needing protection.
(3) Employees shall handle soiled tableware in a way that minimizes contamination of their
1.25
ENVIRONMENTAL
NO. 1569-1-98
hands.
' (4) Employees shall maintain a high degree of personal cleanliness and shall conform to
good hygienic practices during all working periods in the food service establishment.
Unsanitary practices such as scratching the head, placing fingers on the mouth or now is
prohibited. Indiscriminate, uncovered coughing and sneezing is discouraged.
(E) Employer Responsibility
(1) It shall be the responsibility of the owner/managementtperson in charge to enforce items
(A) through (D) of this section and to further certify to the City Sanitarian that all
employees are in compliance with this code. Toms shall be scheduled at non peak hours
when contamination opportunities are reduced.
(2) Management shall be responsible for employee health compliance and cleanliness
practices to the point of insuring these rules are completely understood.
ARTICLE 5. CLEANING, SANITIZATION AND STORAGE OF EQUIPMENT AND
UTENSILS.
(A) Equipment and Utensil Cleaning and Sanitization.
(1) Cleaning Frequency
(a) Tableware shall be washed, rinsed and sanitized after each use.
(b) To prevent cross -contamination, kitchenware and food -contact surfaces of
equipment shall be washed, rinsed and sanitized;
Before each use with different type mw animal food.
2 Each time there is a change from working with mw foods to ready -to -eat
foods.
3 Between uses with raw produce and with potentially hazardous food.
4 At any time during the operation when contamination may have
occurred.
(c) Where equipment and utensils are used for the preparation of potentially
hazardous foods, utensils and the food -contact surfaces of equipment shall be
washed, rinsed and sanitized at intervals throughout the day on a schedule based
on food temperature maintained during operation, type of food, amount of food
particle accumulation, and characteristics of the equipment and its use.
(d) The food -contact surfaces of grills, griddles and similar cooking devices and the
cavities and door seals of microwave ovens shall be cleaned at least once a day;
except that this shall not apply to hot oil cooking equipment and hot oil filtering
systems. The food -contact surfaces of all cooking equipment shall be kept free
of grease deposits and other accumulated soil.
1.26
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
I(e) Nonfood -contact surfaces of equipment shall be cleaned as often as is necessary
to keep the equipment free of accumulation of dust, grease, dirt, food particles
and other debris.
(2) Wiping Cloths
(a) Cloths used for wiping food spills on tableware, such as plates or bowls being
served to the consumer, shall be clean, dry and used for no other purpose.
Sponges shall not be used.
(b) Moist cloths used for wiping food spills on kitchenware and food -contact
surfaces of equipment shall be clean and rinsed frequently in one of the
sanitizing solutions permitted in paragraph (3) (e) (1 through 6) below, and used
for no other purpose. These cloths shall be stored in the sanitizing solution
between uses. The solution shall be changed frequently. Dry or moist cloths
used with mw animal foods shall be kept separate from cloths used for other
purposes.
(c)
Moist cloths used for cleaning nonfood -contact surfaces of equipment such as
counters, dining table tops and shelves shall be clean and rinsed as specified in
paragraph (2) (b) of subsection (A) of this role, and used for no other purpose.
These cloths shall be stored in the sanitizing solution.
' (3) Manual Cleaning and Sanitizing
(a)
A three (3) compartment sink shall be used if washing, rinsing and sanitizing of
utensils and equipment is done manually. Sinks shall be large enough to permit
the complete immersion of the utensils and equipment and each compartment
sink shall be supplied with hot and cold potable running water and be self
draining. Suitable equipment shall be made available if washing, rinsing and
sanitizing cannot be accomplished by immersion. A four -compartment sink
shall be utilized where mixed drinks are prepared. Sinks shall have automatic
portioning injectors for detergent and sanitizer.
(b)
Non corrosive sloped drain boards, easily movable dish tables, over -shelves or
drying racks of adequate size shall be provided for proper handling of soiled
utensils prior to washing and for cleaned utensils following sanitizing and shall
be located so as not to interfere with the proper use of the dishwashing facilities.
(c)
Prior to cleaning, all equipment and utensils shall be pro flushed or pre scraped
and, when necessary, presoaked to remove gross food particles and soil. To
insure that manual or mechanical dishwashing results in completely clean and
sanitary utensils, a pre rinse spray may be required.
(d)
Except for fixed equipment and utensils too large to be cleaned in sink
compartments, manual washing, rinsing and sanitizing shall be conducted in the
following sequence:
1) Sinks shall be cleaned prior to use; and
1.27
ENVIRONMENTAL
NO. 1569-1-98
2) Equipment and utensils shall be thoroughly washed in the first
compartment with a hot wash (min 110°F. or 430C.) solution that is
changed frequently.
3) Equipment and utensils shall be rinsed free of detergent and abrasive
with clean, hot, water in the second compartment; and
4) Equipment and utensils shall be sanitized in the third compartment
according to one of the methods included in paragraphs (3) (e) (I
through 6) below.
(e) The food contact surfaces of all equipment and utensils shall be sanitized by:
l) Immersion for at least one-half ('h) minute in clean, hot water at a
temperature of at least 170°F. (770C.); or
2) Immersion for at least one (1) minute in a clean solution containing at
least 50 parts per million of available chlorine as a hypochlorite and at a
temperature of at least 75°F. (240C.); or
3) Immersion for at least one (l) minute in a clean solution containing at
least 12.5 parts per million of available iodine and having a pH not
' higher than 5.0 and at a temperature of at least 75°F. (240C.); or
4) Immersion in a solution containing an approved quaternary ammonium
compound (Q.A.C.) at a temperature of 75°F. (24°C) at a strength and
for a period of time as stated on the product's officially approved label;
or
5) Immersion in a clean solution containing any other chemical sanitizing
agent approved by the Texas Board of Health that will provide the
equivalent bactericidal effect of a solution containing at least 50 parts
per million of available chlorine as a hypochlorite at a temperature of at
least 75°F. (240C.) for one (1) minute.
6) Rinsing, spraying, swabbing with a chemical sanitizing solution of at
least twice the strength required for that particular sanitizing solution
under paragraph (3) (e) 5, if equipment is too large for immersion.
(f) When hot water is used for sanitizing, the following facilities shall be provided
and used:
1) An integral heating device or fixture installed in, on, or under the
sanitizing compartment of the sink capable of maintaining the water at a
temperature of at least 170°F. (770C.); and
' 2) A numerically scaled indicating thermometer, accurate to t3°F.
(f1.70C.), convenient to the sink for frequent checks of water temper -
I.28
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
arm; and
3) Dish baskets or rack of such size and design to permit complete immer-
sion of utensils and equipment in the hot water.
(g) When chemicals are used for sanitization, a test kit or other device that
accurately measures the parts per million (ppm) concentration for that specific
chemical solution shall be provided and used.
(h) A dishwashing sink may be used to wash produce or thaw food if the sink is
cleaned and sanitizes before and after each use.
(4) Mechanical Cleaning and Sanitizing.
(a) Cleaning and sanitizing may be done by spray -type or immersion dishwashing
machines or by any other type of machine or device if it is demonstrated that it
thoroughly cleans and sanitizes equipment and utensils. These machines and
devices shall be properly installed, clean, and maintained in good repair.
Machines and devices shall be operated in accordance with manufacturers'
instructions, and utensils and equipment placed in the machine shall be exposed
to all dishwashing cycles. Automatic detergent dispensers, wetting agent
dispensers, and liquid sanitizer injectors, shall be properly installed and
maintained.
' (b) The pressure of final rinse water supplied to spray -type dishwashing machines
shall not be less than 15 nor more than 25 pounds per square inch measured in
the water line immediately adjacent to the final rinse control valve. A 1/4 inch
IPS valve shall be provided immediately upstream from the final rinse control
valve to permit checking the flow pressure of the final rinse water.
(c) Machine or water line mounted numerically scaled indicating thermometers
accurate to f3°F. (t1.70CJ, shall be provided to indicate the temperature of the
water in the wash and rinse tank of the machine and the temperature of the final
rinse water as it enters the manifold.
(d) Rinse water tanks shall be protected by baffles, curtains, or other effective
means to minimize the entry of wash water into the rinse water. Conveyors in
dishwashing machines shall be accurately timed to assure proper exposure times
in wash and rinse cycles. Pressure required for sanitizing rinse, conveyor speed
for conveyer machines or cycle time on stationary rack machines, and
temperature required for washing, rinsing, an sanitizing shall be in accordance
with manufacturers' specifications attached to the machines.
(e) Drain boards, sloped to drain, shall be provided and be of adequate size for the
proper handling of soiled utensils prior to washing and of cleaned utensils
following sanitization and shall be so located and constructed as not to interfere
with the proper use of the dishwashing facilities. This does not preclude the use
of easily movable dish tables or over shelves for the storage of soiled utensils or
the use of easily movable dish tables for the storage of clean utensils following
sanitization.
1.29
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' (f) Prior to mechanical washing, all equipment and utensils shall be Hushed or
scraped and, when necessary, presoaked to remove gross food particles and soil
prior to being washed in a dishwashing machine unless a pre wash cycle is a part
of the dishwashing machine operation. A pre rinse spray may be required.
Equipment and utensils shall be placed in racks, trays or baskets, or on
conveyors, in a way that food contact surfaces are exposed to the unobstructed
application of detergent wash and clean rinse waters and that permits free
draining.
(g) Machines (single -tank, stationary -rack, door -type machines and spray -type glass
washers) using chemicals for sanitization may be used provided that:
1) The temperature of the wash water shall not be less than 120°F. (400C.);
and
2) The wash water shall be kept clean; and
3) Chemicals added for sanitization purposes shall be automatically
dispenses; and
4) Utensils and equipment shall be exposed to the final chemical sanitizing
rinse in accordance with the manufacturers' specifications for time and
concentration; and
5) The chemical sanitizing rinse water temperature shall be not less than
75°F. (240C.) nor less than the temperature specified by the machine's
manufacturer. and
6) Chemical sanitizer used shall be approved and a test kit or other device
that accurately measure the parts per million concentration of the
solution shall be available and used.
(h) Machines using hot water for sanitizing may be used provided that wash water
and pumped rinse water shall be kept clean and water shall be maintained at not
less than the temperatures stated below:
1) Single -tank, stationary -rack, dual -temperature machine: wash
temperature - 150°F. (660C.); final rinse temperature - 180°F. (820C.)
2) Single -tank, stationary -rack, single -temperature machine: wash
temperature - 165°F. (740C.); final rinse temperature - 180°F (82°C)
3) Single -tank, conveyor machine: wash temperature - 160°F. (710C.);
final rinse temperature - 180°F. (820C.).
I4) Multi -tank, conveyor machine: wash temperature 150°F. (660C.);
pumped rinse temperature - 160°F. (710C.); final rinse temperature -
180°F. (82°C.).
1.30
ENVIRONMENTAL HEALTH ORDINANCE
I.1G1ff& %WI:I
5) Single -tank, pot, pan and utensil washer (either stationary or moving -
rack): wash temperature - 140°F. (600C.); final rinse temperature -
I80°F. (82°C.).
(i) All dishwashing machines shall be thoroughly cleaned at least once a day or
more often when necessary to maintain them in a satisfactory and sanitary
operating condition.
(j) Drying. After sanitization, all equipment and utensils shall be air dried. The use
of towels is prohibited.
(k) Food service establishments which do not have adequate and effective facilities
for cleaning and sanitizing utensils shall use single service articles.
(1) Mechanical dishwashing machines shall be used if reusable tableware is
provided for customers.
(B) Equipment and Utensil Storage.
(1) Handling. Cleaned and Sanitized equipment and utensils shall be handled in a way that
protects them from contamination. Spoons, knives and forks shall be touched only by
their handles. Cups, glasses, bowls, plates and similar items shall be handled without
contact with inside surfaces or surfaces that contact the user's mouth.
(2) Knives shall be stored in a rack or holder designed for that purpose and said holder shall
be kept clean.
(3) Storage
(a) Cleaned and sanitized utensils and equipment shall be stored at least six inches
above the floor in a clean, dry location in a way that protects them from
contamination by splash, dust and other means. The food -contact surfaces of
fixed equipment shall also be protected from contamination. Equipment and
utensils shall not be placed under exposed sewer lines or water lines, except for
automatic fire protection sprinkler heads that may be required by law.
(b) Utensils shall be air dried before being stored or shall be stored in a self -draining
position. Adequate drying or storage racks shall be provided.
(c) Glasses and cups shall be stored inverted. Other stored utensils shall be covered
or inverted. Facilities for the storage of knives, forks and spoons shall be
designed and used to present the handle to the employee or consumer. Unless
tableware is pre wrapped, holders for knives, forks and spoons at self-service
locations, shall protect these articles from contamination and present the handle
of the utensil to the consumer.
(d) If presetting is practiced, all unprotected, unused, preset tableware shall be
collected for washing and sanitizing after the meal period; and atter any place at
1.31
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
a table or counter is occupied. Soiled tableware shall be removed and handled in
a way that clean tableware is not contaminated.
(4) Single -Service Articles
(a) Single -service articles shall be stored at least six inches above the floor in closed
cartons or containers which protect them from contamination and shall not be
placed under exposed sewer lines or water lines, except for automatic fire
protection sprinkler heads that may be required by law.
(b) Single -service articles shall be handled and dispensed in a manner that prevents
contamination of surfaces which may come in contact with food or with the
mouth of the user.
(c) Single -service knives, forks and spoons packaged in bulk shall be inserted into
holders or be wrapped by an employee who has washed his hands immediately
prior to sorting or wrapping the utensils. Unless single -service knives, forks,
and spoons are pre wrapped or prepackaged, holders shall be provided to protect
these items from contamination, and present the handle of the utensil to the
consumer.
(5) Linen Storage. Clean and soiled linen and clothes shall be stored separately and
protected from contamination.
(6) Prohibited Storage Area. The storage of food equipment, utensils or single -service
articles in toilet rooms, garbage rooms, locker rooms, stairwells, boiler rooms or
vestibules is prohibited.
ARTICLE 6. CLEANING AND MAINTENANCE OF PHYSICAL FACILITIES
(A) Floors, Walls, Ceiling. Cleaning of floors and walls, and ceilings, except emergency cleaning of
floors, shall be done during periods when the least amount of food is exposed, such as after
closing or between meals. Floor, mats, walls, ceilings shall be kept clean. Only dustless
methods of cleaning floors and walls shall be used, such as vacuum cleaning, wet cleaning, or
the use of dust arresting sweeping compounds.
(B) Repair. Floors, walls, and ceilings shall be smooth, durable and non-absorbent and shall be
maintained in a condition that facilitates through and rapid cleaning. Floors, walls, baseboards
and ceilings shall be free of cracks, chips, holes, and deterioration. The regulatory authority
shall require repair or replacement of any floor, wall or ceiling which fails to meet these
requirements.
Mats shall be of non absorbent, grease resistant materials, removable, and of such size,
design, and construction as to facilitate their being easily cleaned. Duckboards may be
used as storage racks in food storage and distribution warehouses. Mats may be cleaned
in the utility facility.
2. Attachments. Light fixtures, wall mounted fans, decorative materials attached to walls
and ceiling shall be cleaned and maintained in good repair.
1.32
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1.98
3. Vents. Intake and exhaust air ducts shall be cleaned and filters changed to prevent
entrance of dust, dirt, and other contaminating materials.
(C) EQUIPMENT. Equipment shall be clean and sanitary and maintained in a condition that
facilitates through and rapid cleaning and in good working order. The regulatory authority may
require repair or replacement of equipment which fails to meet these requirements.
(D) TOILET FIXTURES. Toilet fixtures shall be kept clean and in good repair. A supply of toilet
tissue shall be provided at each toilet at all times. Easily cleanable receptacles shall be provided
for trash materials. Toilet rooms used by women shall have at least one covered waste receptacle
for sanitary napkins.
(E) LAVATORIES. A supply of hand cleansing soap or detergent shall be available in each
lavatory. The use of but soap is prohibited. A dispensing unit with a supply of individually
dispensed sanitary towels or hand drying device shall be conveniently located new each lavatory.
Common, reusable or roll paper towels are prohibited. If disposable towels are used, easily
cleanable, covered waste receptacle shall be conveniently located near the hand washing
facilities. Lavatories, soap dispensers, hand drying devices and all related fixtures shall be
kept in good repair.
(F) GARBAGE AND REFUSE
1. Garbage and refuse accumulated inside a facility shall be kept in durable, easily
cleanable, insect and rodent proof, covered containers with swivel or push through lids
that do not leak or absorb liquids. Plastic bags shall be used to line these containers, and
they may be stored inside the food service establishment. When three-fourths full,
plastic bags are to be securely tied prior to disposal in dumpsters in an unbroken
condition.
2. Containers stored outside the establishment, and dumpsters, compactors, compactor
systems, grease units shall be easily cleanable, non absorbent, leak proof and shall be
provided with tight fitting lids, doors or covers and shall be kept covered when not in
actual use. In container designed with drains, drain plugs shall be in place at all times
except during cleaning.
3. Soiled containers shall be cleaned at a frequency to prevent buildup, odors, and an
attraction to insects and rodents. Each container shall be thoroughly cleaned on the
inside and outside in a way that does not contaminate food, equipment or other food
preparation areas. Suitable facilities, including hot water and detergent or steam, shall
be provided and used for washing containers. Liquid waste from compacting units or
cleaning operations shall be disposed of as sewage.
4. Garbage and refuse on the premises shall be stored in a manner to make it inaccessible to
insects and rodents. Outside storage of unprotected plastic bags or baled units
containing garbage or refuse is prohibited. Cardboard or other packaging materials
' containing garbage or food waste shall be broken down, stored in dumpsters or self
contained compactors to prevent odors and insect or rodent harborage.
1.33
ENVIRONMENTAL HEALTH ORDINANCE
(G)
M
NO. 1569-1-98
5. Garbage and refuse shall be removed by an approved commercial service at least twice
per week to prevent the development of odor and the attraction of insects and rodents.
The regulatory authority may require more frequent removal.
INSECT AND RODENT CONTROL
I. General. Effective measures intended to minimize the presence of rodent, flies,
cockroaches and other insects on the premises shall be utilized. The premises shall be
kept in such condition as to prevent the harborage or feeding of insects or rodents.
Implement a strong housekeeping program in conjunction with a licensed, reliable pest
controller.
2. Licensed exterminators. Licensed exterminators shall conduct spraying in a food service
and food processing facility. Spraying will be conducted before or after food preparation
and service hours. Food, equipment, linens, and single service items shall be protected
from toxic residues due to spray, drip, dmin or splash, by removing items, covering with
impermeable covers, or cleaning and sanitizing equipment after application.
POISONOUS OR TOXIC MATERIALS
L Materials Permitted. Only those poisonous or toxic materials necessary for the
maintenance of the establishment, the cleaning and sanitizing of equipment and utensils,
and the control of insects and rodents shall be present in food service establishments.
2. Labeling of Materials. Containers of poisonous or toxic materials shall be prominently
and distinctly labeled according to law with the common name of the material for easy
identification of contents.
3. Storage of Materials. Poisonous or toxic materials consist of the following three
categories:
a. Insecticides and rodenticide;
b. Detergents, sanitizer and related cleaning or drying agents;
C. Caustics, acids, polishes and other chemicals.
All poisonous or toxic materials shall be stored in cabinets or similar physically separated
compartments or facilities used for no other purpose. To preclude potential contamination,
poisonous or toxic materials shall not be stored above food, food equipment utensils or single
service articles, except that this requirement does not prohibit the convenient availability of
detergent or sanitizer at utensil or dishwashing stations.
4. Use of Materials.
a. Bactericides, cleaning compounds or other compounds intended for use on food
contact surfaces shall so indicate on the manufacturer's label and not be used in
1.34
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
a way that leaves a toxic residue on such surfaces, nor in a way that constitutes a
hazard to employees or other persons.
b. Poisonous or toxic materials shall not be used in a way that contaminates food,
equipment or utensils, nor in a way that constitutes a hazard to employees or
other persons, nor in a way other than in full compliance with the manufacturer's
labeling.
C. A food container shall not be used to store, transport, or dispense poisonous or
toxic materials. A container previously used to store poisonous or toxic
materials may not be used to store, or dispense food.
5. Personal Medications. Personal medications shall not be stored in food storage,
preparation or service areas. Medications shall be stored in a designated area for this
purpose only.
6. First Aid Supplies. First aid supplies shall be stored in a kit or container and in a way
that prevents them from contaminating food or food contact surfaces.
(1) PREMISES
1. General.
a. Food establishments and all parts of the property used in connection with
operations of the establishment shall be kept free of litter, debris and high weeds.
b. Only articles necessary for the operation and maintenance of the food
establishment shall be stored on the premises. All unneeded articles and
equipment shall be removed. All parts of the establishment shall be kept neat,
clew, and free of litter.
C. The traffic of unnecessary persons through the food preparation and utensil
washing area is prohibited.
d. Cleaning Equipment Storage. Maintenance and cleaning tools such as brooms,
mops, buckets, vacuum cleaners and similar equipment shall be maintained and
stored in a way that does not contaminate food, utensils, equipment or linens and
shall be stored in an orderly manner to facilitate the cleaning of that storage
location.
e. Animals. Live animals, including birds and turtles, shall be excluded from
within the food service operational premises and from immediately adjacent
areas under the control of the food service establishment. This exclusion does
not apply to edible fish, crustacean, shellfish or to fish in aquariums. Patrol dogs
accompanying security or police officers or guide dogs accompanying blind
persons, shall be permitted in dining areas.
1.35
P
ENVIRONMENTAL HEALTH ORDINANCE
(D) Floor Drains.
NO. 1569-1-98
(I) Food Preparation Areas. Floor drains shall be required in food preparation, dishwash,
bar, restrooms and service areas of a food establishments involved in heavy and light
food preparation. Floor drains must be adequate in number, readily accessible for
cleaning, and located in such a manner as to reduce exposed drain lines to an absolute
minimum. These drains may receive discharges of water or other fluid waste from
equipment or in areas where pressure spray methods for cleaning floors and equipment
are used. Equipment that is draining into a floor drain must provide an air gap that is
twice the diameter of the inlet pipe or have a backflow, preventer installed. Floor drains
may be waived in existing food service establishments that change ownership depending
on the type of food preparation.
(2) Toilets. Floor drains shall be required in toilets of all food establishments. Floor drains
may be waived in existing food service establishments that change ownership.
(E) Ceiling requirements.
Ceilings shall be of light color, smooth, nonabsorbent, durable and easily cleanable. In all food
preparation areas, utensil washing areas and food service area exposed to open food and /or
moisture, ceiling materials shall be non -porous, washable, drop-in, vinyl coated panels or an
equivalent material as approved by the regulatory authority
(F) Wall Surfaces.
(1) Food Preparation areas. Wall surfaces in food preparation areas based upon the degree of
preparation expected. Food establishments involved in heavy and light preparation, shall
install wall surfaces of FRP 1/16 inch or greater, ceramic tile, or equivalent materials as
approved by the regulatory authority in all food preparation, dishwashing, and service
areas. Wall surfaces must extend eight (8) feet in height or to the ceiling if the ceiling
height is less than eight (8) feet. Surfaces shall be non absorbent, light colored, smooth,
durable, without seams, and sealed to be easily cleanable. Stainless steel or ceramic tile
walls are required in areas where there is extreme heat from the cooking process such as
behind stoves, grills, and ovens and behind three compartment sinks where there is
excessive splash and moisture. Said walls shall extend from below the cooking surface
of the equipment up to the vent hood. The regulatory authority may require additional
durable and easily cleanable wall surfaces in areas exposed to excessive splash.
(2) Toilets. Food establishments involved with heavy and light food preparation, shall
install FRP, ceramic tile or equivalent materials approved by the regulatory authority.
Wall surfaces must extend at least four (4) feet in height with the remainder consisting of
any light colored, smooth washable material. Wall surfaces in toilet facilities of
establishments that are not involved in food preparation shall be of any smooth, light
colored, washable material.
(3) Walk-in coolers. Wall surfaces shall be smooth, non absorbent, easily cleanable and
capable of withstanding effects of low temperature and moisture.
(4) Dry storage areas. Wall surfaces shall be smooth. light colored, and washable
1.38
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' (5) Exposed Construction studs, joists, and rafters shall not be exposed in those areas listed
in paragraph (I)(2X3X4) of subsection (F) of this rule. If exposed in other areas, they
shall be painted and sealed to provide an easily cleanable surface.
(6) Utility line installation. Exposed utility service lines and pipes shall be installed in a way
that does not obstruct or prevent cleaning of the walls and ceiling. Utility service lines
and pipes shall not be unnecessarily exposed on walls or ceilings in those areas listed in
paragraph (1 )(2)(3)(4) of subsection (F) of this rule.
(7) Attachments. Light fixtures, vent covers, wall -mounted fans, decorative materials and
similar equipment attached to walls and ceilings shall be easily cleanable and maintained
in good repair.
(8) Non -corrosive metal comer guards must be installed on ceramic tile wall comers where,
in the opinion of the regulatory authority, wall degradation could occur.
(G) Sink requirements
(1) Sink Installation. All sinks must be affixed with hot and cold running water,
tempered by means of a mixing valve or combination faucet, at each sink.
Sinks shall have a backsplash and be sealed to the wall to prevent the entrance
of moisture.
(2) Freestanding hand wash sinks shall be required and conveniently located within 25
uninterrupted linear feet of all food preparation, service and utensil washing areas. A
supply of hand cleaning soap or detergent and a supply of sanitary disposable towels
must be conveniently located near each sink. Hand drying devices providing heated air
are prohibited in the kitchen. Sinks used for hand washing must not be used for any
other purpose.
(3) Utensil Washing. A stainless steel, three -compartment sink with sloped drain board and
basins large enough to allow complete immersion of the largest utensil shall be installed
in the dish wash area if all utensils cannot be sanitized in the commercial dishwasher. If
reusable tableware (glasses, china, stainless flatware) is utilized, the establishment must
install a commercial dishwasher. A freestanding stainless steel, four compartment sink
shall be required in bar areas if all glassware is not sanitized in a commercial
dishwasher. Automatic injectors for dispensing detergent and sanitizer are required.
(4) A stainless steel two compartment sink and garbage disposal may be required
for produce preparation and washing.
(5) Toilets. An easily accessible hand wash sink is required to be located in or
immediately adjacent to each toilet facility.
(6) Utility Facility. In new or remodeled establishments at least one utility sink or curbed
cleaning facility of sufficient size with a floor drain shall be provided and used for the
cleaning of mops or similar wet floor cleaning tools, floor mats, trash cans, etc., and for
the disposal of mop water or similar liquid wastes, the drain shall be plumbed to the
1.39
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' grease trap. The use of lavatories, utensil -washing or equipment -washing, hand
washing, or food preparation sinks for this purpose is prohibited. A vacuum breaker
device shall be installed as part of the facility.
(7) No Food Preparation Establishments. Establishments which do not prepare food but sell
coffee and other self service drinks and food items must provide a stainless steel three
compartment sink to be used for the washing, rinsing and sanitizing of coffee pots, drink
dispensing equipment and utensils.
(H) Equipment Design, Installation and Location
(1) MATERIALS
(a) General. Equipment and utensils shall be constructed, finished, and repaired
with safe materials, including finishing materials, shall be smooth, corrosion
resistant, non-absorbent and easily cleanable under normal use. Equipment and
utensils shall not impart odors, color or taste, nor contribute to the contamination
of food.
All food service equipment and utensils shall be constructed, designed, and
installed to meet standards of the National Sanitation Foundation (NSF) or other
agency with equivalent testing programs.
' (b) Wood. Hard maple or equivalently nonabsorbent material that meets the general
requirements set forth in paragraph (H) (1) (a) above, shall be used for cutting
blocks, cutting boards, salad bowls, bakers tables, and wooden spoons. Wood
may be used for single service articles such as chop sticks, stirrers, or ice cream
spoons. The use of wood and wicker wood as a food contact surface is
prohibited.
(c) Plastics and Rubber. Safe plastic or safe rubber or safe rubberlike materials that
are resistant under normal conditions of use to scratching, scoring,
decomposition, crazing, chipping and distortion that are of sufficient weight and
thickness to permit cleaning and sanitizing by normal dishwashing methods, and
which meet the general requirements of (H) (1) (a) above may be reused.
(d) Mollusk and Crustacea Shells. Mollusk and Crustacea shells may be used only
once as a serving container. Further reuse of such shells is prohibited.
(e) Single Service. Single service articles shall be made from clean, sanitary, safe
materials and shall not impart odors, color, taste, nor contribute to the
contamination of food. Reuse of single service articles is prohibited.
(2) EQUIPMENT DESIGN AND FABRICATION
(a) General. All equipment and utensils, including plasticware shall be
' commercially designed and fabricated for durability under conditions of
normal use and shall be resistant to denting, rusting, buckling, pitting,
chipping and crazing.
1.40
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' (b) Food Contact Surfaces. All food contact surfaces shall be of stainless
steel construction, or equivalent materials, including shelving of walk-in
refrigerators and freezers. Cast iron may be used where exposed to
extreme heat such as grills, griddle tops and skillets. All food contact
surfaces shall be safe, durable, corrosion resistant, non absorbent,
smooth, easily cleanable, resistant to pitting, chipping, scratching, free
of open seams, cracks, chips, pits, and free of difficult to clean internal
angles, comers, crevices and finished to have smooth welds and joints.
(c) Non Food Contact Surfaces. Surfaces of equipment not intended for
contact with food, but which is exposed to splash of food debris or
which otherwise require frequent cleaning, shall be designed and
fabricated to be smooth, corrosion resistant, nonabsorbent, washable,
free of unnecessary ledges, projections or crevices and readily accessible
for cleaning, and shall be of such material and in such repair as to be
easily maintained in a clean and sanitary condition. Non food contact
surfaces in the kitchen, storage and serving area shall not be composed
of wood, wood products or galvanized metal.
1.41
(d)
Equipment containing bearings and gems requiring unsafe lubricants
shall be designed and constructed so that the lubricant cannot leak, drip,
or be forced into food or onto food contact surfaces. Only safe lubricants
shall be used on equipment designed to receive lubrication of bearings
and gears on or within food contact surfaces.
(e)
Tubing conveying beverages or beverage ingredients to dispensing
heads may be in contact with stored ice, provided that such tubing is
fabricated from safe materials, is grommeted at entry and exit points to
preclude moisture or condensation from entering the ice machine or ice
storage bin, and is kept clean. Drainage or drainage tubes from
dispensing units shall not pass through the ice machine or ice storage
bin. Such drainage must be routed to a floor or hub drain.
(f)
Kick plates shall be designed so that areas behind them are accessible
for inspection and cleaning by being removed as specified in (H) (2) (g)
of this section or capable of being rotated open and removable without
unlocking equipment doors.
(g)
Accessibility. Unless designed for in-place cleaning, food contact
surfaces shall be accessible for cleaning and inspection:
L Without being disassembled; or
2. By disassembling without the use of tools; or
3. By easy disassembling with the use of only simple tools such as
'
a mallet, a screwdriver, or an open end wrench kept available
near the equipment.
1.41
L
ENVIRONMENTAL HEALTH ORDINANCE
(3)
NO. 1569-1-98
(h) In Place Cleaning. Equipment intended for in place cleaning shall be so
designed and fabricated that:
1. Cleaning and sanitizing solutions can circulate throughout
a fixed system; and
2. Solutions will contact all interior food contact surfaces; and
3. The system is self draining or capable of being completely
drained.
(i) Pressure spray cleaning. Fixed equipment designed and fabricated to be
cleaned and sanitized by pressure spray methods shall have sealed
electrical wiring, switches and connections.
0) Existing Equipment. Equipment which was installed in a food service
establishment prior to the effective date of these rules, and which does
nor meet fully all the design and fabrication requirements of this rule,
shall be deemed acceptable in that establishment as long as there is no
change of ownership, if it is in good repair, capable of being maintained
in a sanitary condition, and the food contact surfaces are in accordance
with (H) (1) and (2) of this section and approved by the regulatory
authority. Replacement equipment and new equipment acquired after the
effective date of these rules shall meet the requirements of these rules.
EQUIPMENT INSTALLATION AND LOCATION
(a) General. All equipment shall be installed and maintained to facilitate
the cleaning thereof, and of all adjacent areas. Equipment, including
ice makers and ice storage equipment, shall not be located under
exposed or unprotected sewer or water lines, open stairwells, toilet,
locker, garbage and mechanical rooms, or other sources of
contamination. This requirement does not apply to automatic fire
protection sprinkler system heads that may be required by law.
(b) Table Mounted Equipment. Equipment that is placed on tables or
counters, unless portable, shall be sealed to the table or counter or
elevated on legs to provide at least a four (4) inch clearance between the
table or counter and equipment and shall be installed to facilitate the
cleaning of the equipment and adjacent area.
Equipment is portable within the meaning of paragraph (3) (b)
above if-.
It is small and light enough to be moved easily by one
person; and
b. It has no utility connection, or has a utility connection
1.42
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' that disconnects quickly, or has a flexible utility
connection line of sufficient length to permit the
equipment to be moved for easy cleaning.
(c) Floor Mounted Equipment.
1. Floor mounted equipment, unless readily movable, shall
be:
a. Sealed to the floor; or
b. Installed on a raised platform of the or other smooth
masonry in a way that meets all the requirements for
sealing or floor clearance; or
C. Elevated on legs to provide at least a six (6) inch
clearance between floor and equipment, between
equipment and wall, and between equipment. Clearance
between equipment and wall and between equipment
may be greater for larger equipment. Vertically
mounted floor mixers may be elevated to provide at
least a four (4) inch clearance between the floor and
equipment if no part of the floor under the mixer is more
than six inches from cleaning access.
2. Equipment is easily movable if:
a. It is mounted on wheels or casters; and
b. It has a utility connection that disconnects quickly, or
has a flexible utility line of sufficient length to permit
the equipment to be moved for easy cleaning.
(d) Unless sufficient space is provided for cleaning between and behind
each unit of floor mounted equipment, the space between it and
adjoining equipment units, and between it and adjacent walls, shall be
closed; or, if exposed to seepage, the equipment shall be butted and
sealed to the adjoining equipment or adjacent walls. Walk in units shall
be flush with ceiling or flanged and sealed.
(e) Soft drink syrup canisters, containers, carbonators, and compressors
shall be situated on easily cleanable and easily accessible non corrosive
racks.
(f) A commercial dishwasher with final rinse temperature of one hundred
eighty (180) degrees Fahrenheit, or an approved chemical sanitizer, shall
' be required in all food service establishments utilizing reusable table-
ware.
1.43
ENVIRONMENTAL HEALTH ORDINANCE
(1)
m
Lighting
NO. 1569-1-98
(g) Dry storage racks shall be smooth, non corrosive metal or equivalent and
positioned to allow easy accessibility for cleaning.
(h) Aisles and Working Spaces. Aisles and working spaces between units of
equipment and walls, shall be unobstructed and of sufficient width to
permit employees to perform their duties readily without contamination
of food or food contact surfaces by clothing, personal contact or
cleaning equipment. All easily movable storage equipment such as
racks and dollies shall be positioned to provide accessibility to working
areas.
(1) General. At least fifty (50) foot candles of light shall be provided to all working surfaces
and at least thirty (30) foot candles of light shall be provided to all other surfaces and
equipment in food preparation, walk-ins, dry storage, utensil -washing, and hand washing
areas, and in toilet rooms. At least twenty (20) foot candles of light at a distance of
thirty (30) inches from the floor shall be provided in all other areas, during cleaning
operations.
(2) Protective Shielding
(a) Shielding to protect against broken glass falling onto food shall be provided for
all artificial lighting fixtures located over, by or within food storage, preparation,
service and display facilities, and facilities where utensils and equipment are
cleaned and stored.
(b) Infra -red or other heat lamps shall be protected against breakage by a shield
surrounding and extending beyond the bulb, leaving only the face of the bulb
exposed.
Ventilation
(1) General. All rooms shall have ventilation with sufficient capacity to keep them free of
excessive heat, steam, condensation, vapors, dust, obnoxious odors, smoke and fumes.
Ventilation hoods and devices shall be designed to prevent grease or condensate from
draining or dripping into food, or onto equipment, food preparation surfaces, or
collecting on walls and floors. Hoods shall be of stainless steel construction, flush with
ceiling or aproned and sealed. Filters, where used shall be readily removable for
cleaning. Ventilation systems shall be installed and operated according to law and, when
vented to the outside, shall not create an unsightly, harmful or unlawful discharge. The
regulatory authority may require more extensive emission controls as needed to prevent
air pollution.
(2) Special Ventilation
(a) Heating and air conditioning systems shall be designed and installed so that the
vents do not cause contamination of food, food preparation surfaces, equipment
and utensils.
1.44
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
In new or remodeled establishments, all rooms, including rest rooms, from
which obnoxious odors, vapors or fumes originate shall be mechanically vented
to the outside.
(K) Dressing Rooms and Locker Areas.
(1) Dressing Rooms. If employees routinely change clothes within the establishment, rooms
shall be designated and used for that purpose. These designated rooms shall not be used
for food preparation, storage, service, or for utensil -washing.
(2) Locker Area. Sufficient lockers or other suitable facilities shall be provided and used for
the orderly storage of employee clothing and other belongings so as not to contaminate
food contact surfaces. Lockers or other suitable facilities may be located only in
designated dressing rooms or designated areas.
(L) Laundry Facilities.
(1) Laundry facilities in a food service establishment shall be restricted to the
washing and drying of linens, cloths, uniforms and aprons necessary to the
operation. If such items are laundered on the premises, an electric, gas or steam
dryer shall be provided and used.
(2) Separate rooms shall be provided for laundry facilities.
(M) Administrative area. All food service establishments shall have an office or space designated
as an administrative office area which shall be kept clean and orderly at all times.
(N) Sanitary Facilities and Controls
(I) Water Supply
(a) General. Adequate potable water for the needs of the food service establishment
shall be provided from a source constructed and operated according to law.
(b) Transportation. All potable water not provided directly by pipe to the food
service establishment from the source shall be transported in a bulk water
transport system and shall be delivered to a closed -water system. Both of these
systems shall be constructed and operated according to law.
(c) Water Under Pressure. Water (hot and cold) under pressure at the required
temperatures shall be provided to all fixtures and equipment that use water.
(d) Steam. Steam used in contact with food or food contact surfaces shall be free
from harmful material or additives.
(e) Hot Water heater. Hot water heaters shall be located in a separate room near but
not in kitchen areas and on a raised concrete pad or on legs at least 6 inches off
the floor to allow for cleaning of the floor. A minimum size shall be no less than
1.45
MILJZa JWa.I : .t . r. 1:19JIM �[In
NO. 1569-1-98
a 50 gallon unit for the smallest of food establishments.
(2) Sewage. All sewage, including liquid waste, shall be disposed of by a public sewerage
system or by a sewage disposal system constructed and operated according to law. Non
water carried sewage disposal facilities are prohibited, except as permitted by Article 10
and 11 (pertaining to mobile and temporary food facilities) or as permitted by the
regulatory authority in remote areas or because of special situations. In the event of
sewage backup into the food service facility, the preparation and serving of food shall
Cease.
(3) Plumbing.
(a) General. All food and drink establishments must be connected to City water and
sewer with the possible exception of temporary establishments. Plumbing shall
be sized, installed and maintained according to law. There will be no cross
connection between the potable water supply and any non potable or
questionable water supply nor any source of pollution through which the potable
water supply might become contaminated.
(b) Non potable Water System. A non potable water system is permitted only for
purposes such as air-conditioning and fire protection and only if the system is
installed according to law and the non potable water does not contact, directly or
indirectly, food, potable water, and equipment that contacts food or utensils. The
. piping of any non potable water system shall be dumbly identified so that it is
readily distinguishable from piping that carries potable water.
(c) Backflow. The potable water system shall be installed to preclude the possibility
of backflow. Devices shall be installed to protect against backflow and back
siphonage at all fixtures and equipment where an air gap at least twice the
diameter of the water supply inlet is not provided between the water supply inlet
and the fixture's flood level rim. A hose shall not be attached to a faucet unless a
backflow prevention device is installed.
(4) Grease Traps or interceptors.
(a) Grease traps or interceptors are required and shall be of size designated and
located in accordance with the specifications of the Uniform Plumbing Code.
Grease traps or interceptors shall be required in heavy food preparation
establishments and in light food preparation establishments with similar food
preparation or grease generating equipment.
(b) Food service establishments, with seating capacity of 50 or more, are required
to have a minimum 750 pound capacity grease interceptor unless otherwise
allowed by the regulatory authority.
(c) Increased use or volume, change in menu, misinterpretations of operations, or
discharge violations may require installation of larger trap/interceptor at owners
expense.
1.46
ENVIRONMENTAL HEALTH ORDINANCE NO. 1569-1-98
' (d) The use of microbial additives, if allowed by the City, requires a 750 pound
interceptor.
(e) Grease traps/interceptors shall be located on the outside of the building. All
grease traps/interceptors must be serviced effectively and frequently enough to
maintain traps in satisfactory working order to protect the sanitary sewer from
excessive contaminants. Materials removed from a grease trap/interceptor shall
be disposed of at an approved disposal site in a lawful manner by a licensed
hauler.
(5) Garbage Grinders/Disposal Units. If used, garbage grinders/disposal units shall be
installed and maintained according to law. All establishments which utilize a
commercial dish machine shall install an approved commercial garbage grinder in the
dish washing area. Food establishments in operation as of the passage of this chapter
may be required to utilize grinders, if the lack of such equipment contributes to
violations of paragraph (0). The regulatory authority may require garbage grinders in
other food establishments to prevent violations of paragraph (0) of this Article.
(6) Drains. With the exception of hand sinks and utility sinks, them shall be no direct
connection between the sewage system and any drains originating from equipment in
which food, drink, portable equipment, or utensils are placed, When a dishwasher
machine is located within five feet of a trapped floor drain, the dishwasher waste outlet
may be connected directly on the inlet side of a properly vented floor drain trap if
' permitted by law.
(7) Toilet Facilities
(a) Toilet Installation. Toilet facilities shall be installed according to law, shall be
the number required by law, shall be conveniently located, and shall be
accessible to employees and consumers at all times.
(b) Separate facilities shall be made available for male and female employees and
patrons. In the case of take out operations where patrons do not eat on the
premises, a single toilet room is acceptable, if within the limits of the Uniform
Building and Plumbing Codes. Public access must not be through food prepam-
tion, serving or storage areas.
(c) Toilet Design. Toilets and urinals shall be designed to be easily cleanable.
(d) Toilet Rooms. Toilet rooms shall be completely enclosed and shall have tight-
fitting, self-closing, solid doors, which shall be closed except during cleaning or
maintenance. Toilet rooms shall not open directly into the food preparation area.
Signs will be conspicuously posted directing all personnel to wash hands after
using the toilet. Toilet rooms shall have exhaust fans and floor dmins. Floors
shall be graded to drain.
' (e) Toilet Fixtures. Easily cleanable receptacles shall be provided for trash
materials. Toilet rooms used by women shall have at least one covered waste
receptacle for sanitary napkins.
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ENVIRONN ENTAL HEALTH ORDINANCE
NO. 1569-1-98
' (8) Lavatory Facilities
(a)
Lavatory Installation. Lavatories shall be at least the number required by law,
shall be installed according to law, and shall be located to permit convenient use
by all employees in food preparation areas and utensil -washing areas. Lavato-
ries shall be accessible to employees at all times. Lavatories shall also be
located in toilet rooms. Sinks used for food preparation or for washing
equipment, utensils or clean up shall not be used for hand washing.
(b)
Lavatory Faucets. Each lavatory shall be provided with hot (120'F.)and cold
water tempered by means of a mixing valve or combination faucet. Any self-
closing, slow -closing, or metering faucet used shall be designed to provide a
flow of water for at least fifteen seconds without the need to reactivate the
faucet. Steam -mixing valves are prohibited.
(c)
Lavatory Supplies. A supply of hand -cleansing soap or detergent shall be
available at each lavatory. The use of bar soap at lavatories is prohibited. A
supply of sanitary towels shall be conveniently located near each lavatory.
When sanitary towels are used an individual towel dispensing unit shall be
required. Common, reusable and roll paper towels are prohibited. Easily
cleanable waste receptacles shall be conveniently located near the hand washing
'
facilities. Automatic hand blowing dryers shall be prohibited in the kitchen and
employee only toilets. Nail brushes shall be provided at employee lavatories.
(0) Garbage and Refuse
(I) Containers
(a)
Garbage and refuse shall be kept in durable, easily cleanable, insect -proof and
rodent -proof containers with swivel or push through lids that do not leak and do
not absorb liquids.
(b)
There shall be a sufficient number of containers to hold all the garbage and
refuse that accumulates. High volume establishments shall utilize self-contained
compactors for trash and disposal of cardboard, packaging materials and
garbage.
(c)
Soiled containers shall be cleaned at a frequency to prevent build up _odors, and
an attraction to insects and rodents. Each container shall be thoroughly cleaned
on the inside and outside in a way that does not contaminate food, equipment,
utensils, or food preparation areas. Suitable facilities, including hot water and
detergent or steam, shall he provided and used for washing containers. Liquid
waste from compacting or cleaning operations shall be disposed of as sewage.
(d)
Grease and cooking oil removal equipment or devices shall be easily cleanable,
insect proof, non absorbent, and leak proof. Units shall be easily movable,
tightly covered so that grease can be removed safely.
1.48
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
(2) Storage
(a) Garbage or refuse storage rooms, if used, shall be constructed of easily
cleanable, nonabsorbent, washable materials, shall be kept clean, shall be insect -
proof and rodent -proof and shall be large enough to store the garbage and refuse
containers that accumulate. Trash storage rooms shall be protected by automatic
sprinklers as stated in the Fire Code.
(b) Outside storage areas shall be enclosed and shall be large enough to store the
garbage, refuse, and grease containers. Garbage, refuse, grease containers,
dumpsters and compactor systems located outside shall be stored on or above a
smooth surface of nonabsorbent material, such as concrete or machine -laid
asphalt, that is kept clean and maintained in good repair and graded to drain.
Enclosures shall be maintained in good repair. Garbage and refuse containers
shall not be stored or placed within five (5) feet of combustible walls, openings,
or roof eave.
(c) Special pickup of construction or remodeling debris, and bulk items shall be the
responsibility of the owner of the food service or processing establishment.
(P) Insect and Rodent Control
' (1) Openings. Openings to the outside shall be effectively protected against the entrance of
rodents. Outside openings shall be protected against the entrance of insects, especially
flies, by tight -fitting, self-closing doors, closed windows, screening, controlled air
currents, or other means. Loading docks and receiving doors and drive through windows
shall have automatically activated air curtains or other approved mechanical insect
control devices. Screen doors shall be self-closing, and screens for windows, doors, sky-
lights, intake and exhaust air ducts, and other openings to the outside shall be tight-
fitting and free of breaks. Screening material shall not be less than sixteen (16) mesh to
the inch (25.mm).
(2) Insect Control Devices. Devices used to electrocute flying insects shall have "escape -
resistant" trays and devices used to trap insects by adherence shall be installed so that
they are located at least seven feet away from a food preparation areas, clean equipment,
utensils linens, and unwrapped single service articles. Bait stations shall be covered and
tracking powders not used in a food establishment.
(3) Devices used to spray or mist insect repellent or pesticide into the air are prohibited in
food preparation and utensil washing areas.
(Q) Poisonous or Toxic Materials
All poisonous or toxic materials shall be stored in cabinets at in similar physically
separated compartments or facilities used for no other purpose. To preclude potential
contamination, poisonous or toxic materials shall not be stored above food, food
equipment, utensils or single -service articles, except that this requirement does not
prohibit the convenient availability of detergent or sanitizer at utensil or dish washing
1.49
ENVIRONMENTAL HEALTH ORDINANCE NO. 1569-1-98
stations.
(R) Premises
(1) The walking and driving surfaces of all exterior areas of the food service
establishments shall be surfaced with concrete or asphalt or similar material
effectively treated to facilitate maintenance and minimize dust. These surfaces
shall be graded to drain to prevent pooling of water and maintained in good
repair.
(2) Living Areas. No operation of a food service establishment shall be conducted
in any room used as living or sleeping quarters. Food service operations shall be
separated from any living or sleeping quarters by complete partitioning and
solid, self-closing doors.
ARTICLE 8. CATERING TRUCKS
(A) General Requirements
(1) Application. This section shall apply to the sale of prepackaged food from catering
trucks. The sale of food from any other type vehicle shall be prohibited, except as
provided in Article 9 and 10.
(2) Permit. All catering trucks shall have a valid food service permit and such permit shall
be kept visible in the vehicle at all times. The permit shall bear the name of the
company and vehicle registration plate number. The permit shall be valid for one year
unless sooner revoked by the regulatory authority. Tracks shall have the company name
in three inch letters on both sides of the truck's cab.
(B) Special Requirements
(1) Food Storage. Catering trucks shall be completely enclosed. All food storage areas in
catering trucks shall be maintained free of mat and corrosion, clean and protected from
contamination.
(2) Food Items. All foods sold from catering trucks shall be prepackaged. single service
size, wholesome and unadulterated. All foods shall be obtained from an approved source
inspected by the Texas department of Health. Potentially hazardous foods shall be
wrapped and sealed, labeled to include type of food, location and date of preparation.
All potentially hazardous foods shall be disposed of at the end of each day of operation.
Sale of certain foods, such as boiled eggs may be prohibited during months of excessive
hot temperatures.
(3) Condiments. All condiments shall be served in single service packages or commercially
filled squeeze type containers.
' (4) Food Handling. No direct food handling of any type shall be permitted by catering truck
operators or customers. It shall he unlawful for catering truck operators to sell, dispense
or serve ice in any manner except from an approved automatic dispenser. Soft drinks
1.50
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' shall be sold only in prepackaged cans, bottles or cartons. Beverages that are not
potentially hazardous (i.e. coffee tea, lemonade) shall be dispensed from urns into single
service cups. Packaged food shall not be stored in direct contact with water or ice. All
hot potentially hazardous foods shall be maintained at 140117. (60'C) or above in a
mechanical warming oven at all times. All cold potentially hazardous foods shall be
maintained at 40'F. (5'C) or below at all times. If cold food temperature cannot be
consistently maintained, cold potentially hazardous foods shall not be carried or sold.
Thermometers shall be provided for each compartment.
(5) Waste retention. If liquid waste results from operation of a catering truck, the waste
shall be stored in a permanently installed retention tank that is of at least (15%) larger
capacity than the water or liquid supply tank. Liquid waste shall not be discharged from
the retention tank when the catering truck is in motion. All connections on the vehicle
for servicing catering track waste disposal facilities shall be of a different size or type
than those used for supplying potable water to the catering truck. The waste connection
shall be located lower than the water inlet connection to preclude contamination of the
potable water supply.
(6) Water Supply. The water inlet shall be located in such a position that it will not be
contaminated by waste discharge, food, dust, dirt, oil or grease and it shall be kept
capped when not being filled.
(C) Commissary Base of Operation
' (1) Catering Trucks and Food Carts shall operate from a commissary or other fixed food
service establishment permitted to sell food and shall report at least daily to such
location for all supplies and for all cleaning and servicing operations.
(2) The commissary or other fixed food service establishment, used as a base of operation
for mobile food units, shall be constructed and operated in compliance with the
requirements of these rules.
(D) Servicing Area and operations
(1) Servicing Area:
(a) A Catering Truck or Food Cart servicing area shall be provided and shall include
at least overhead protection for any supplying, cleaning or servicing operation.
Within this servicing area, there shall be a location provided for the flushing and
drainage of liquid wastes separate from the location provided for water servicing
and for the loading and unloading of food and related supplies. This servicing
area will not be required where only packaged food is placed on the mobile food
unit or where mobile food wits do not contain waste retention tanks.
1.51
(b) The surface of the servicing area shall be constructed of a smooth nonabsorbent
material, such as concrete or machine -paid asphalt and shall be maintained in
'
good repair, kept clean, and be graded to drain.
1.51
ENVIRONMENTAL HEALTH ORDINANCE NO. 1569-1-98
' (2) Servicing Operations:
(a) Potable water servicing equipment shall be installed according to law and shall
be stored and handled in a way that protects the water and equipment from
contamination.
(b) The liquid waste retention tank, where used, shall be thoroughly flushed and
drained during the servicing operation. All liquid waste shall be discharged to a
sanitary sewerage disposal system.
ARTICLE 9. TEMPORARY FOOD SERVICE ESTABLISHMENTS
(A) (t) General. The degree of regulation of a temporary food establishment shall depend upon
the type of foods (potentially hazardous or non -potentially hazardous) sold from the
establishment. A temporary food establishment permit shall be obtained prior to the
preparation or sale of any food product. The permit shall allow preparation and sale of
food from an approved temporary facility at a single location for no more than 14
consecutive days or on a seasonal basis of more than 14 but less than 180 days. A
temporary food establishment permit shall be issued only if food is to be sold in
conjunction with an event. Each separate event shall require a separate food permit.
(2) A temporary food service establishment shall comply with the requirements of these
rules except as otherwise provided in this rule. The regulatory authority may impose
additional requirements to protect against health hazards related to the conduct of the
temporary food service establishment, may prohibit the sale of some or all poten-
tially hazardous foods, and when no health hazard will result, may waive or modify
requirements of these rules. Prior to making changes of any kind, the regulatory author-
ity shall be notified.
(B) Temporary Sale of Potentially Hazardous Foods
(1) Food Trailers, Permanent Structures
Potentially hazardous foods may be prepared and sold from approved food trailers and
permanent structures on a temporary basis provided the following conditions are met
(a) Permit Required: A temporary food establishment permit shall be obtained from
the regulatory authority. An application for such permit shall be filed 14 days
prior to the scheduled event.
(b) Structure: Floors, walls and ceiling of food trailers shall meet the structural
requirements as detailed in Article 8 of this ordinance. Permanent facilities,
such m churches and retail stores, utilized as temporary food establishments
shall meet structural requirements as approved by the regulatory authority.
' (c) Refrigeration: Mechanical refrigeration, capable of maintaining all potentially
hazardous food products at 40T (5'C) or below shall be provided in a temporary
1.52
ENVIROMAENTAL HEALTH ORDINANCE
NO. 1569-1-98
' food facility. All bulk storage of potentially hazardous foods shall be located on
site in approved refrigeration equipment. ace chests shall be allowed for
precooked link products for events of one (1) day duration. A thermometer shall
be provided.
(d) Sanitary Facilities and Controls:
L Water Supply. Hot, 120'F. (401C), and cold running water under
pressure with hot water heater volume sufficient (15 gallon minimum
capacity) to handle daily hand washing and utensil sanitizing demands
shall be provided in the temporary food service facility if potentially
hazardous foods are sold.
2. Water retention. Wastewater shall be drained to a sanitary sewer or
collected on site in an approved holding tank that is 15% larger than the
water supply tank.
(e) Equipment and Utensils:
1. Sinks. A three compartment sink, with drain boards, for washing,
rinsing and sanitizing utensils shall be required for temporary food
service facilities involved with preparation of potentially hazardous
food. The use of the three compartment sink shall be in accordance with
Article 5 (A) (3) (d) 1 through 4.
2. Hot Holding Devices. Approved electrical, or gas fired, or canned fuel
hot holding devices with sufficient capacity to maintain all hot, poten-
tially hazardous foods at I40'F (60'C.) or above shall be available and a
thermometer shall be provided.
3. Food Contact Surfaces. All food contact surfaces shall be constructed of
stainless steel or other material approved by the regulatory authority.
4. Ventilation Hoods. Ventilation hoods with grease intercepting filters
shall be installed in temporary food service facilities if grills, stoves, or
deep fat fryers of any type are utilized inside a permanent structure or
food trailer.
(f) Food
1. Foods Limited. The preparation or service of potentially hazardous
foods, including pastries filled with cream, or synthetic cream, custards
and similar products, and salads or sandwiches containing meat, poultry,
eggs or fish is prohibited. This prohibition does not apply, however to
any potentially hazardous food that has been prepared and packaged
under conditions meeting the requirements of these rules, is obtained in
' individual servings, is stored at a temperature of 40'F. (5'C.) or below, in
facilities that meet the requirements of these rules, and is served directly
in the unopened container in which it was packaged.
1.53
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' 2. All food products shall be made with ingredients from commercially
approved sources. Home preparation or storage of food is prohibited.
(2) Food Booths
Potentially hazardous foods requiring limited preparation may be prepared and sold from
facilities other than mobile food trailers and permanent structures, such as food booths,
provided the following conditions are met:
(a) Permit Required: Same as (B) (1) (a).
(b) Structure: All temporary food establishments are required to have approved
floors, roof covering, and sides.
1. Floors shall be concrete, asphalt, tight wood or similar cleanable material, as
approved by the regulatory authority, kept in good repair. Dirt or gravel, when
graded to drain, may be used as subflooring when covered with clean, removable
platforms or duckboards,
2. Ceilings and walls shall be made of wood, canvas, nylon, or other materials that
protect the interior of the establishment from the weather. Walls and ceilings of
' food preparation areas shall be constructed in a way that prevents the entrance of
insects. Doors to food preparation areas shall be solid or screened and shall be
self closing. Screening materials used for walls, doors or windows shall be at
least sixteen (16) mesh to the inch. Operations serving only prepackaged food
are not required to provide an enclosure.
3. Counter -service openings shall not be larger than 18 inches high. These
openings shall be provide with tight -fitting solid or screened doors or windows
or shall be provided with fans installed and operated to restrict the entrance of
flying insects. Counter openings shall be kept closed, except when in actual use.
(c) 1. Refrigeration: Mechanical refrigeration capable of maintaining all potentially
hazardous food products at 40'F. (5'C) or below shall be provided in the
temporary food establishment. All bulk storage of potentially hazardous foods
shall be located on-site in approved refrigeration equipment. Ice chests shall be
allowed for precooked linked products for events of one day duration.
2. Wet Storage. The storage of package food in contact with water or undrained
ice is prohibited. Wrapped sandwiches shall not be stored in direct contact with
ice.
(d) Hot Holding Devices. Approved electric, gas fired or canned fuel hot holding devices
with sufficient capacity to maintain all but, potentially hazardous foods at 140'F (60'C.)
or above at all times, shall be available in temporary food establishments.
1.54
ENVIRONMENTAL HEALTH ORDINANCE NO. 1569-1-98
(e) Sanitary Facilities
1. Water Supply. Enough potable water shall be available in the establishment for
cleaning, sanitizing and hand washing. A suitable temporary hand washing
facility shall be located within the food preparation areas. Hand washing sinks
shall have a minimum five -gallon capacity with spigot. The sink shall be
supplied with running water through gravity flow. Hand soap dispensers and
individual paper towels shall be provided. Adequate containers for holding
wastewater shall be provided at the hand wash facility.
2. Water Retention. Wastewater shall be drained to a sanitary sewer or collected
on site in an approved holding tank that is 15% larger than the water supply tank.
3. Toilet Facilities. Toilet facilities shall be available and readily accessible, but in
no case be greater than 300 feet from booth.
4. Garbage and Refuse Disposal. Trash cans with double liners and tight fitting
lids shall be provided, convenient, adequate in number, and properly maintained
to minimize, vermin, odors and litter.
5. Insect Control. Effective insect control measures, such as screening, fans,
spraying, use of fly swatters, good sanitation, or a combination of insect control
methods shall be provided.
(f) Equipment and Utensils
Tableware. Only single service tableware shall be used
2. Sink. A three -compartment sink for washing, rinsing and sanitizing utensils may
be required by the regulatory authority for temporary establishments, such as
food booths, if the temporary food establishment is involved in the preparation
of potentially hazardous food for more than 3 days. The use of the three
compartment sink shall be in accordance with Article 5 (A) (3) (d) 1 through 4.
If the duration of an event is 3 days or less utensil washing may be accomplished
by using 2 five gallon containers for washing, and sanitizing (one tablespoon
bleach to one gallon of water). The containers shall be large enough to immerse
the largest utensil used.
3. Food Contact Surfaces. All food contact surfaces shall be easily cleanable and
shall consist of stainless steel, plastic laminated wood, polymer cutting boards or
equivalent as approved by the regulatory authority. All food contact surfaces
shall be protected from contamination by consumers and other contaminating
agents. Where helpful to prevent contamination, effective shields for such
equipment shall be provided.
4. Equipment shall be located and installed in a way that prevents food
1.55
ENVIRONMENTAL HEALTH ORDINANCE NO. 1569-1-98
contamination and that also facilitates cleaning the establishment.
(g) Food.
1. Foods Limited. Only those potentially hazardous foods requiring minimal
handling and limited preparation such as pre -formed hamburgers and frank-
furters, bacon, com dogs, pre cut and/ or pre breaded meat products,
commercially prepared chili's and BBQ where only heating is required, shall be
authorized for preparation and sale.
2. Condiments. All condiments shall be served in single serving containers or from
commercially filled bottles with manual pump or squeeze dispensers. No open
condiment containers shall be permitted.
3. Ice. Ice that is consumed or that contacts food shall have been made under
conditions meeting the requirements of these rales. The ice shall be obtained
only in chipped, crushed or cubed form and in single use safe plastic bags filled
and sealed at the point of manufacture. The ice shall be held in these bags and
stored off the ground until it is dispensed in a way that protects it from
contamination.
4. No food may be left unprotected by open display. Foods shall be protected from
contamination at all times.
(C) Temporary Sale of Non -Potentially Hazardous Foods and Certain Pre-cooked Linked Products:
(1) Non -potentially hazardous foods and certain pre-cooked linked products may be sold on
a temporary basis from food trailers, permanent structures and open air booths, provided
the following conditions are met:
(a) Permit: A temporary food service permit shall be obtained from the regulatory
authority. An application for such permit shall be filed at least seven days prior
to the scheduled event.
(b) Foods.
1. Approved Foods. The following non -potentially hazardous food
products may be sold from a temporary food service facility: fruits,
vegetables, prepackaged chips, candy, popcorn, soft drinks, cakes,
cookies, nachos and snow cones. Home canned foods shall be prohib-
ited. Other non -potentially hazardous foods shall be approved on a case
by case basis. With the exception of certain baked desserts no food shall
be prepared in home (residential) kitchens. All baked dessert shall be
individually wrapped and protected from contamination. Certain pne
cooked linked products, such as frankfurters, may be sold from tempo-
rary food service establishment. Open, unprotected displays of food are
' not allowed.
2. Condiments. All condiments shall be served in single serving containers
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ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' or from commercially filled bottles with manual pump or squeeze
dispensers. No open condiment containers shall be permitted.
(c) Sanitary Facilities.
Water Supply/Waste Water. Hand wash facilities with a minimum five
gallon capacity, with spigot, shall be required in temporary facilities that
sell unpackaged non -potentially hazardous foods or pre cooked linked
products. The sink shall be supplied with running water through gravity
flow. Adequate containers for holding wastewater shall be provided at
the hand wash facility.
2. Toilet Facilities. Toilet facilities shall be made available and ready
accessible, but in no case more than three hundred (300) feet from food
preparation areas.
3. Garbage and Refuse Disposal: Trash cans with double liners and tight
fitting swivel lids shall be provided, convenient, adequate in number and
properly maintained to minimize vermin, odors, and litter.
(d) Equipment and Utensils
1. Tableware. All tableware used shall be single service.
2. Utensils and Kitchenware. A sufficient number of cleaned and sanitized
utensils and kitchenware shall be provided to safely prepare and serve
food during the event.
3. Utensil washing facility. Booths require two 5 gallon containers for the
cleaning of equipment, utensils and general cleaning. One shall contain
soapy water and the other bleach water solution (one tablespoon bleach
per gallon of water).
4. Hot Holding Devices. Approved electric, gas fired, or canned fuel hot
holding devices with sufficient capacity to maintain hot potentially
hazardous foods at 149F. (60'C.) or above shall be available in
temporary food service facilities when precooked linked products or
similar goods are served.
5. Food Contact Surfaces. All food contact surfaces shall be easily
cleanable and consist of stainless steel, plastic laminated wood, polymer
cutting boards or equivalent as approved by the regulatory authority.
6. Food Protection. Food items shall be wrapped in single service portions,
unless a hand wash sink is provided at the point of sale.
' 7. Refrigeration. Precooked linked products and any other potentially
hazardous foods shall be maintained at 40'F (5'C) or below in equipment
approved by the regulatory authority.
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ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' (e) The regulatory authority may wave some or all of the requirements in Subsec-
tion (C) (1) (a) through (e) above for temporary food establishments in which
only baked desserts, fruits and vegetables and prepackaged non potentially
hazardous foods are served.
(D) Inspections: The regulatory authority shall inspect temporary food establishments to determine
compliance with this chapter, and when necessary prior to the scheduled event.
(E) Personnel Practices: Temporary food service facility employees shall abide by all applicable
sections of this ordinance with respect to personal hygiene and sanitary food handling practices.
Temporary food establishment employees shall be exempt from managers certification
requirements when selling non potentially hazardous foods.
(F) Sale of Fish or Shellfish products prohibited: The sale of fish or shellfish products from
temporary food establishments is prohibited.
(G) The sale or display of food from street corners or roadside stands, is prohibited in the City of
Allen.
ARTICLE 10. CONCESSION FACILITIES
' (A) Generally: Concession facilities are food service establishments operated from permanent or
mobile structures and are generally associated with athletic, or recreational functions.
Concession facilities are seasonal and often operate more days per year than other temporary
food establishments but significantly less days per year than permanent food establishments. The
degree of regulation of a concession facility shall depend upon the type of foods (potentially
hazardous or non potentially hazardous) sold or conveyed, the volume of food sold or conveyed,
and the number of days of operation per year.
(B) Permit: A concession facility permit shall be obtained from the regulatory authority 14 days
prior to operation. The person in charge of a concession facility shall insure that all necessary
inspections are arranged prior to opening for the season.
(C) Compliance, Waiver of Requirements: Concession facilities and employees shall comply with
specific requirements under Article 8 of this ordinance, provided that the regulatory authority
may waive certain requirements which are deemed unnecessary for protection of the public
health.
ARTICLE 11. ITINERANT VENDORS AND DELIVERY OF FOOD
(A) Application of Section: This section is applicable to the sale of food by itinerant vendors,
persons delivering previously ordered food, and all other sales and conveyance of food, other
than catering trucks.
1(B) Itinerant Sales of Food:
(1) Potentially Hazardous Foods. It shall be unlawful for any person to sell or convey
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ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' potentially hazardous foods or perishable foods (such as cut produce) from house to
house or place to place within the City of Allen.
(2) Non Potentially Hazardous Foods. Any person who sells or conveys non potentially
hazardous, commercially prepackaged foods from house or place to place, within the
City of Allen shall obtain a permit from the regulatory authority.
(3) Any person desiring to sell or convey from house to house or place to place non
potentially hazardous foods which are not commercially prepackaged shall apply for a
permit. The regulatory authority shall approve or deny the application based on the type
of non potentially hazardous food intended for sale.
(4) Any foods sold or conveyed from house or place to place shall meet all applicable
requirements of this role related to approved source, temperature control, labeling,
protection from contamination, wholesomeness, etc.
(5) Any person who sells or conveys food from house to house or place to place shall
comply with all provisions of Article III City of Allen Code of Ordinances ("Itinerant
Merchants, Peddlers, Etc."). When applying for health permit, Solicitor's permit from
City Secretary and permit fee shall accompany application.
(C) Delivery of Food:
' (1) This section pertains to persons who deliver food which has been ordered by individuals
or business in the City of Allen from an itinerant vendor through United States mail, by
telephone or other means of communication.
(2) Any person who delivers food previously ordered to the person who placed the order
shall comply with all applicable sections related to approved source, temperature control,
labeling, protection from contamination, wholesomeness, etc.
(3) Vehicles used for the delivery of food previously ordered to the person who places the
order shall meet the following minimum criteria:
(a) The vehicles shall comply with all State of Testis rules for motor vehicles.
(b) The vehicles shall be equipped and maintained to adequately store food during
transportation to prevent contamination, adulteration or damage to the food or to
containers in which food is stored.
(c) The vehicle shall be maintained in clean and sanitary condition.
(4) Any person who delivers food previously ordered to the person who placed the order
shall not be required to obtain a permit from the regulatory authority, provided that
(a) The regulatory authority shall have the authority to inspect the vehicle, products,
' and any invoices and bills of lading at any reasonable time and shall have all
authorities defined in article 16.
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ENVIRONN ENTAL HEALTH ORDINANCE
NO. 1569-1-98
(b) The person delivering food shall comply with all applicable sections of this
ordinance.
(5) Any person who solicits orders for food from house to house or place to place shall
comply with all provisions of Article IH City of Allen Code of ordinances ('Itinerant,
merchants, Peddlers, Etc.")
ARTICLE 12. ICE CREAM AND SNOW CONE VENDORS
(A) Ice Cream Vendors
(1) Permit required and posted in plain view of customers.
(2) Vehicle shall be covered or enclosed van or truck with smooth easily cleanable floors.
(3) Freezer unit shall be enclosed and contain a visible thermometer.
(4) All ice cream shall be commercially wrapped, sealed, labeled, and obtained from an
approved source.
(5) Only pre-packaged candy, chips, soft drinks and other prepackaged non hazardous foods
may be sold in single portion units in conjunction with ice cream only.
(6) The firm name, in three inch letters, shall be clearly placed on both sides of the vehicle.
(B) Snow Cone Vendors
(1) Permit required and posted in plain view of customers.
(2) Vehicles shall be covered or enclosed commercial van or track with smooth easily
cleanable floor and equipment.
(3) Food contact surfaces ( ice bin, grinder, swops, etc.) shall be smooth and easily
cleanable, free from open seams, cracks, chips and pits.
(4) Ice holding and crushing facilities shall be enclosed and NSF approved.
(5) Ice, flavoring, and toppings must be obtained from a commercially approved source.
Only non hazardous flavorings or toppings shall be used.
(6) Flavorings shall be in closed, pump type dispensers.
(7) Single service cups, etc. only shall be used.
(8) A sanitizer solution and paper towels shall be provided for drips and spills.
(9) A potable water tank with spigot (5 gallon minimum), securely mounted over sink shall
he installed for hand washing. A waste water container shall be provided.
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ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
(10) A holding tank (i.e, bucket) be required for ice run off.
(11) The firm name, in three inch letters, shall be clearly placed on both sides of the vehicle
(C) Vendors hours of sale regulated; Sales close to school; Sound amplifying equipment.
Persons permitted to operate under this article shall sell or offer products between sunrise and
sunset only. Products hall not be sold or offered within 300 feet of school property prior to 5:00
p.m. when school is in session. Amplifying equipment shall be off when vehicle not in motion.
(D) Required documentation. Ice cream and snow cone vendors shall comply with all the provisions
of Article ID City of Allen Code of Ordinances 'Itinerant Merchants, Peddlers, etc. "When
applying for a health permit, a Solicitors permit from the City Secretary and permit fee shall
accompany the application.
(E) Penalty for violation, revocation of permit. Any person who violates any of the previsions of
Article 10,12,13,14 shall upon conviction thereof, be fined in accordance with the previsions of
this code. In addition, violations of any of the previsions of this article shall be cause for
suspension and/or revocation of the permit issued to the person in violation.
ARTICLE 13. FOOD AND DRINK CARTS.
(A) General Requirements:
I(1) Application. This article shall apply to the sale and conveyance of food and drink from
carts.
(2) Permit. All food carts shall have a valid food service permit posted to the food cart in
plain view of customers. Food carts shall be operated in compliance with applicable
sections of this ordinance.
(B) Food Cart Construction and Operation
(1) Construction. Food carts shall meet all construction requirements of the National
Sanitation Foundation (NSF) Standard 59 and shall be approved by the regulatory
authority.
(2) Food Items.
(a) Sale of prepackaged foods. Prepackaged foods may be sold from food carts
provided they are commercially packaged, from an approved source,
wholesome, unadulterated, and properly labeled.
(b) Sale of foods prepared at the food cart. Certain potentially hazardous and non
hazardous foods may be prepared at and sold from food carts. Potentially
hazardous foods shall be limited to precooked linked products, canned chili, and
canned cheese toppings where only beating is required. Non hazardous foods
shall be those requiring minimal preparation and include fruits, vegetables,
chips, candy, cotton candy, soft drinks, baked goods, nachos, shaved ice, frozen
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ENVIRONMENTAL HEALTH ORDINANCE
novelties, pretzels and ice.
NO. 1569-1.98
(3) Condiments. All condiments shall be served in single service containers or from
approved, commercially filled dispenser or squeeze type containers.
(4) Food handling.
(a) Food carts approved only for sale of prepackaged food shall not be utilized for
non prepackaged food service or preparation.
(b) Food carts approved for the preparation or service of food shall be equipped with
an integral hand wash lavatory which has hot and cold running water. A supply
of soap and paper towels shall be maintained at all times.
(c) The handling of food shall be minimized through use of gloves, tongs, forks, or
similar utensils.
(d) All food shall be served on single service articles.
(e) Food carts serving hot, potentially hazardous food shall be equipped with a fuel
fired or electric hot holding devices capable of maintaining foods at 140°F or
above. Food carts serving or storing cold potentially hazardous food shall have
mechanical refrigeration capable of maintaining refrigerated foods at 40°F or
less and frown food at 0° F or less. All foods shall be from an approved source,
wholesome, unadulterated, and shall be maintained at safe temperatures.
(f) All food contact surfaces on food carts shall be stainless steel, polymer cutting
boards, or equivalent as approved by the regulatory authority.
(g) Potentially hazardous foods which have been reheated or kept refrigerated on a
food cart shall, if not sold in one day, be discarded at the end of each day,
provided that unopened canned foods and properly maintained frown foods may
be returned to the commissary for reuse.
(h) All food carts shall be provided with accurate thermometers in each cold and hot
holding unit. The food cart operator shall possess an accurate probe type
thermometer for monitoring food temperatures.
(1) A three compartment sink for cleaning and sanitizing equipment and
utensils is required.
(5) Waste Retention. All liquid waste resulting from the operation of a food cart shall be
collected and stored in an integral waste holding tank and disposed of in a sanitary
manner.
(6) Solid Waste. The permit holder shall provide a trash can with w integral lid for
collection of all solid waste produced by the food cart. Double plastic trash can liners
shall be used at all times.
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ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
(7) Storage and Equipment. All foods sold or conveyed from a food cart shall be stored or
displayed only within or on the food cart. Additional equipment, other than the
operator's chair, shall be prohibited.
(8) Potable Water System. Hot and cold water shall be provided in accordance with NSF
standards.
(C) Commissary. All food carts shall operate from a base of operations, such as a commissary or
other fixed food establishment permitted by the regulatory authority. The base of operations shall
meet all the requirements of this chapter and Article 8 (C and (D) of this ordinance. The permit
holder shall remove the cart from the point of use daily and transport it to the base of operations
for all supplies, cleaning and servicing operations. All food carts shall be stored at the base of
operations when not in use.
(D) Cleaning and sanitizing. Food carts serving potentially hazardous foods shall be cleaned and
sanitized daily at the base of operations. Carts selling prepackaged or non hazardous foods shall
be washed and rinsed daily at the base of operations. Food carts shall be maintained in a clean,
sanitary condition at all times.
(E) Personnel
(1) All persons operating food carts where food is prepared or non prepackaged food is
served shall posses a valid food operator's certification.
(2) Food cart operators shall comply with all personal hygiene and related employee
responsibilities as set forth in Article 4.
(3) Food carts shall be located within 300 feet of approved restroom facilities. Operators
shall have written permission from the restroom owner or person in charge to utilize the
restroom facilities.
(4) Food cart operators shall provide the regulatory authority with building floor plans
identifying the actual location of the cart. Operation of a food cart at a location other
than the location specified on the site plan or floor plan for that cart shall be an offense.
ARTICLE 14. FOOD SERVICE PERMITS, INSPECTION AND ENFORCEMENT
PROVISIONS
(A) Permits
(I) General. No person shall sell, offer to sell, convey food or operate a food service or food
processing establishment without a valid permit issued to him by the regulatory
authority. Only a person who complies with the requirements of this ordinance shall be
entitled to receive or retain such a permit. Permits are not transferable, and must be
displayed in an arca visible to the public.
(2) Issuance of Permit
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ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' (a) Application. A written application for a permit shall be submitted 15—days
before proposed opening and on a form provided by the regulatory -authority is
required. Such application shall include the full name and mailing address,
telephone number, and indication of whether the applicant is an individual, firm
or corporation, or partnership, the names of their partners, their addresses,
location and type of business establishment, as well as signature of each
applicant and other information deemed necessary. If the application is for a
temporary food establishment, it shall include the inclusive dates of the proposed
operation.
(b) Permit fee. A permit fee shall accompany each application, and the permit is
valid for one year from date of issuance unless suspended or revoked. Permits
shall he renewed on an annual basis by filing a renewal application and payment
of the permit fee. The fee is not refundable. An administrative fee not to exceed
the permit fee may be required if permit has expired. No fee shall be charged to
any food establishment owned and operated by a government agency or indepen-
dent school district; however, such establishments shall comply with all other
requirements of this chapter. The permit fee is designated in Exhibit A of this
ordinance.
(c) Prior to final approval of a new application for permit and issuance of such
permit, the regulatory authority shall inspect the food establishment to determine
' compliance with the requirements of this section.
(d) If an application for permit is denied, the applicant will be informed of the
reasons for denial and what action is required to qualify for a permit. The
regulatory authority shall issue a permit to the applicant if subsequent inspection
reveals that the food establishment complies with the requirements of this
section and the fee has been paid.
(3) Suspension of Permit
(a) The regulatory authority may, without warning, notice or hearing, suspend any
permit to operate a food service or processing establishment if the owner or
holder of the permit does not comply with the requirements of this section, or the
operation of the establishment does not comply with the requirements of this
section, or if the operation of the establishment otherwise constitutes a hazard to
the public health or apermit has been expired for over 30 days. Suspension is
effective immediately upon service of the notice required by the following
paragraph of this section. When a permit is suspended, the holder of the permit
shall be afforded an opportunity for hearing within 10 days of receipt of a
request for hearing. Permits may be suspended temporarily by the regulatory
authority for repeated failure of the permit holder to comply with the
requirements of these tales. Whenever a permit holder or operator has failed to
correct a violation after receiving two (2) written notices for the violation, the
1.64
regulatory
authority
may suspend
the permit or issue a citation for each
'
violation.
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ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
(b) Whenever a permit is suspended, the owner or holder of the permit or person in
' charge shall be notified in writing that the permit is, upon service of the notice,
immediately suspended and that food service operations be immediately
discontinued.
(c) An opportunity for hearing will be provided if a written request for hearing is
filed with the regulatory authority by the holder of the permit within ten (10)
days. If no written request for hearing is filed within ten (10) days, the
suspension is sustained.
(d) Reinstatement. A permit may be reinstated when the holder of the permit has
written a request to the regulatory authority indicating the conditions for
suspension have been corrected. The regulatory authority shall reinspect the
operation to insure compliance within ten (10) days following receipt of request
Once all requirements are met, the permit shall be reinstated.
(4) Revocation of Permit
(a) The regulatory authority may, after providing opportunity for hearing,
permanently revoke a permit for serious or continuously repeated violations of
any of the requirements of this ordinance or for interference with the regulatory
authority in the performance of duty.
' (b) Prior to revocation, the regulatory authority shall notify, in writing, the holder of
the permit or person in charge of the specific reason(s) for which the permit is to
be revoked, and the permit shall be revoked at the end of ten (10) days following
service of such notice, unless a written request for hearing is filed with the
regulatory authority by the permit holder within the ten (10) day period. If no
request for hearing is filed within the ten (10) day period, the revocation of the
permit becomes final. A permit may be suspended for cause pending its
revocation or a hearing relative thereto.
(B) Notices
(1) Service of Notices. A notice provided for in this ordinance is properly served when it is
hand carried to the owner or holder of the permit, person in charge, or a person operating
a food establishment without a permit or when it is sent by certified mail, or regular
mail to the last known address of the permit holder.
(2) Hearings. The hearings provided for in this section are to be conducted by a regulatory
committee at the time and place designed by the regulatory authority. The regulatory
committee is comprised of the city Health Inspector, the City Fire Marshal, and two
other appointees by the City Manager engaged in the food service industry in the City of
Allen. Based upon the record of such hearing, the regulatory committee shall make a
finding and sustain, modify or rescind any official notice or order considered in the
hearing. A written report of the hearing decision will be famished to the permit holder
' by the regulatory authority.
(3) Permit refunding. The applicant shall not be entitled to refunding of a permit fee when
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ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' permit is revoked or suspended.
(4) Application after Revocation. Whenever a revocation of a permit has become final, the
holder of the revoked permit may make written application for a new permit after the
expiration of six (6) months.
ARTICLE 15. INSPECTIONS
(A) Access. Agents of the regulatory authority, after proper identification, shall be permitted to enter
any food service and processing establishment at any time, for the purpose of making inspections
to determine compliance with these rules. The agents shall be permitted to examine the records
of the establishments to obtain information pertaining to food and supplies purchased, received
or used or to persons employed.
(B) Consent to Inspection. Application for and operation of a food establishment inside the City of
Allen constitutes consent for the regulatory authority to inspect the food establishment to
determine compliance with this ordinance. It shall constitute an offense for any person to hinder,
physically prevent, interfere with or otherwise obstruct the lawful inspection of a food
establishment by the regulatory authority. Such action may also constitute reason for suspension
or revocation of permit. In addition, it also shall constitute an offense if any person willfully
provides false information to the regulatory authority as it relates to operations and enforcement
of the provisions of this ordinance.
(C) Inspection Frequency. An inspection of a food service or processing establishment should be
performed at least three (3) times annually. Additional inspections shall be performed as often
as necessary for the enforcement of this section. Less frequent inspections may be conducted
based on risk assessment and previous history of the facility.
(D) Report of Inspections. Whenever an inspection is made of a food service establishment, the
findings shall be recorded on the inspection report form provided by the regulatory authority
(Exhibit B). The original of the inspection report form shall be famished to the owner or person
in charge at the completion of the inspection and constitutes a written notice. The inspection
report form shall summarize the requirements of these rules, and shall set forth a weighted point
value for each requirement. The rating score of the establishment shall be the total of the
weighted point value for all violations, subtracted from one hundred (100). The completed
inspection report forth is a public document that shall be posted at a conspicuous location for
consumers.
(E) Correction of Violations. The inspection report form shall specify a reasonable period of time
for the correction of the violations found, and correction of the violations shall be accomplished
within the period specified, in accordance with the following provisions:
(1) If a potential health hazard exists, including but not limited to an obvious lack of
sanitization, refrigeration, electricity, water, or fire, food home illness outbreak, or
sewage backup into the establishment, the establishment shall immediately cease food
service operations and regulatory authority notified. Operations shall not be resumed
until authorized by the regulatory authority.
' (2) All violations of 4 or 5 point weighted items shall be corrected at the time of inspection
or within a time specified by the regulatory authority.
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ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' (3) If score is 85 or above, all 1 or 2 point weighted items shall be corrected as soon as
possible, but in any event, by the time of the next routine inspection. If score is 70-84
correct as soon as possible but in any event within 30 days.
(4) When the rating score of the establishment is less than seventy (70), the regulatory
authority may immediately suspend the permit, or issue a citation for each violation, or
the establishment shall complete corrective action on all identified violations within
twenty-four (24) hours.
(5) In the case of temporary food service establishments, all violations shall be corrected
within twenty-four (24) hours. If violations are not corrected within twenty-four (24)
hours, the establishment shall immediately cease food service operations until authorized
to resume by the regulatory authority.
(F) Examination and Condemnation of Food. The regulatory authority may examine and collect
samples of food as often as necessary for the enforcement of these rules. The regulatory
authority shall, upon written notice to the owner or person in charge specifying the reason
therefor, destroy or place under detention any food which it has probable cause to believe is
adulterated or misbranded.
Under a detention order, food shall be suitably stored. It shall be unlawful for any person to
remove or alter a detention order, notice or tag placed on food by the regulatory authority, and
neither such food or the container thereof shall be re -labeled, replaced, reprocessed, altered,
disposed of, used, served or destroyed without the permission of the regulatory authority except
on order by a court of competent jurisdiction. After the owner or person in charge has had a
hearing as provided for in Article 15 (C) (2) and on evidence produced at such hearing, or on the
basis of his examination in the event a written request for a hearing is not receive within ten (10)
days, the regulatory authority may vacate the detention order, or may by written order direct the
owner or person in charge of the food that been placed under detention to denature or destroy
such food or to bring it into compliance with the provisions of this ordinance.
(G) Procedure When Infection is Suspected. When the regulatory authority has reasonable cause to
suspect the possibility of disease transmission from any food service establishment employee, it
may secure a morbidity history of the suspected employee or make any other investigation as
may be indicated. The regulatory authority may require any or all of the following measures:
(1) The immediate exclusion of the employee from all food service establishments;
(2) The immediate closing of the food service establishment concerned until, in the opinion
of the regulatory authority, no further danger of disease outbreak exists;
(3) Restriction of the employees services to some area of the establishment where there
would be no danger of transmitting disease;
(4) Adequate medical and laboratory examination of the employee, of other employees and
of his and their body discharges.
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ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' (H) Food Service Establishments Outside Jurisdiction of the Regulatory Authority.
Food from food establishments outside the jurisdiction of the regulatory authority of the City of
Allen may be sold within the city if such food service establishments conform to the provisions
of this ordinance. To determine the extent of compliance with such provisions, the regulatory
authority may accept reports from reasonable authorities in other jurisdictions where such food
establishments are located.
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ENVIRONMENTAL HEALTH ORDINANCE
SWIMMING POOLS
TABLE OF CONTENTS
SECTION II
NO. 1569-1-98
ARTICLE1
DEFINITIONS.................................................................................................................2
ARTICLE 2
BUILDING PERMIT, APPLICATION...........................................................................3
ARTICLE 3
INSPECTIONS.................................................................................................................3
ARTICLE 4
MATERIALS...................................................................................................................3
ARTICLE5
SHAPE..............................................................................................................................3
ARTICLE 6
DEPTH AND SLOPE; DEPTH MARKINGS.................................................................3
ARTICLE
PROJECTIONS................................................................................................................4
ARTICLE
DIVING AREA................................................................................................................4
ARTICLE 9
STEPS, LADDERS, TOWERS........................................................................................4
ARTICLE 10
OVERFLOW GUTTERS AND SKIMMING DEVICES................................................5
ARTICLE 1 I
DECK AREA, POOL ENCLOSURE, SPECTATOR SEPARATION ............................6
ARTICLE 12
RECIRCULATION SYSTEM.........................................................................................7
ARTICLE 13
INLETS, OUTLETS; WATER DISPOSAL....................................................................8
ARTICLE 14
HEATING UNITS............................................................................................................9
ARTICLE 15
LIGHTING.......................................................................................................................9
ARTICLE 16
TOILET FACILITIES......................................................................................................9
ARTICLE 17
PERMIT AND MANAGER OF OPERATIONS.............................................................9
ARTICLE 18
CERTIFICATION OF MANAGER OF OPERATIONS ...............................................
10
ARTICLE 19
OPERATION OF POOL................................................................................................
10
ARTICLE 20
QUALITY OF WATER.................................................................................................
11
'
ARTICLE 21
SAFETY - EQUIPMENT...............................................................................................
12
ENVIRONMENTAL HEALTH ORDINANCE
ARTICLE 22 REGULATIONS IN
NO. 1569-1-98
13
ARTICLE 23 DRAINAGE GENERAL CLEANLINESS AND SANITATION ................................. 13
ARTICLE 24 TEMPORARY CLOSURE........................................................................ 13
ARTICLE 25 SUSPENSION
14
PURPOSE: REGULATING PUBLIC AND SEMI-PUBLIC, SWIMMING POOLS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR PERMIT REQUIRED; PROVIDING FOR INSPECTIONS;
PROVIDING FOR CONSTRUCTION MATERIALS; PROVIDING FOR SHAPE; PROVIDING FOR
DEPTH AND SLOPE; PROVIDING FOR PROJECTIONS; PROVIDING FOR DIVING AREA;
PROVIDING FOR STEPS, LADDERS AND TOWERS; PROVIDING FOR OVERFLOW GUTTERS
AND SKIMMING DEVICES; PROVIDING FOR DECK AREA, POOL ENCLOSURE, SPECTATOR
SEPARATION; PROVIDING FOR RECIRCULATION SYSTEM; PROVIDING FOR INLETS AND
OUTLETS, WATER DISPOSAL; PROVIDING FOR HEATING UNITS; PROVIDING FOR
LIGHTING; PROVIDING FOR TOILET FACILITIES; PROVIDING FOR PERMIT AND MANAGER
OF OPERATIONS REQUIRED; PROVIDING FOR CERTIFICATION OF MANAGER OF
OPERATIONS; PROVIDING FOR OPERATIONS OF A POOL; PROVIDING FOR QUALITY OF
WATER; PROVIDING FOR SAFETY EQUIPMENT; PROVIDING FOR REGULATIONS IN POOL
AREA; PROVIDING FOR POOL DRAINAGE; PROVIDING FOR SUSPENSION.
ARTICLE 1. Definitions
(A) PERSON means an individual, partnership, company, corporation, association, firm,
organization, institution, or similar entity.
(B) PUBLIC POOL means a swimming pool to which the general public has access.
(C) REGULATORY AUTHORITY means a representative of the City of Allen authorized to
make pool inspections and review plans.
(D) REMODEL means the replacement of or modification to a swimming pool structure,
circulation system and/or its appurtenances such that the design, configuration and/or
operating characteristics are different than the or original design, configuration and/or
operating characteristics.
(E) RESIDUAL CHLORINE means the amount of measurable chlorine remaining in water
following chlorination and is composed of Free Available Chlorine and Combined
Residual Chlorine.
(F) SEMI-PUBLIC POOL means a swimming pool that is privately owned and open only to
an identifiable class of persons, including but not limited to, motel guests, apartment
residents, home owners association and club members.
(G) SUPERCHLORINATE means the addition to swimming pool water of an amount of
chlorine sufficient to produce a free available residual which is at least equal to ten times
the amount of combined residual chlorine plus the required minimum level of free
available chlorine in order to oxidize the ammonia and nitrogenous materials which may
H.2
ENVIRONMENTAL HEALTH ORDINANCE NO. 1569-1-98
ARTICLE 10. Overflow Gutters and Skimming Devices
(A) All pools must be equipped with either an overflow gutter or surface skimming device.
(B) If surface skimming devices are used:
(1) handholds must be provided around the entire perimeter of the pool except above
steps, and;
(a) if coping is used, the outer two inches must be not more than two and
one-half inches thick; and
(b) must be not more than 12 inches above the normal water line;
(2) each skimming device must be individually controlled;
(3) each skimming device must he automatically adjustable to variations in water
level over a range of at least three inches;
(4) the rate of flow through the total number of skimming devices must be automat-
ically adjustable from 40 to 75 percent of the capacity of the pool filter system;
(5) each skimming device must have an easily removable and cleanable beaker or
screen to trap material which might clog the circulation pump; and
(6) one skimmer must be provided for each 500 square feet of water surface area
plus an additional skimmer for any remaining increment of water surface area
less than 500 square feet.
(C) If an overflow gutter is used, it must:
(1) extend around the entire perimeter of the pool except above steps;
(2) be constructed so that the gutter is not completely recessed into the wall and
water entering the gutter cannot flow back into the pool;
(3) be capable of continuously removing 50 percent or more of the recirculated
water through the filter system;
(4) be connected to a recirculation system with a surge capacity of not less than one-
half gallon for each square foot of pool surface area, and in pools subject to
heavy swimming use, a surge capacity of not less than one gallon for each
square foot of surface area;
(5) be designed so that the edge of the gutter can be used as a handhold for bathers;
(6) be designed so that the overflow edge is level within three -tenths inch;
(7) be designed so that the bottom slopes not less than one-eighth inch to the foot.
11.5
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
I(8) discharge waste into the recirculating system, the drain pipe being not less than
one and one-half inches in diameter.
ARTICLE 11. Deck Area; pool enclosure; spectator separation
(A) Each public or semi-public pool must be provided with a deck area which:
(1) is continuous around the entire pool;
(2) is not less than four feet in width, including coping and curbing;
(3) is constructed of sanitary material with a skid resistant surface;
(4) has a minimum slope of one-eighth inch per foot for the first eight feet to points
of disposal other than the pool;
(5) is equipped with gratings for drain pipe openings that are two times the diameter
of the drain pipe if deck drains are used; and
(6) is equipped around the entire edge of the pool with coping designed to prevent
deck water from entering the pool.
(B) Hose bibbs of not less than three-fourths inch must be provided around the perimeter of
the deck area at intervals which will allow all parts of a pool to be reached with a 75 foot
hose for cleaning. Each bibb must be equipped with an approved back-flow preventer.
(C) Pool Enclosure
(1) The pool shall be enclosed as to eliminate access of small children. A fence,
wall or other solid structure six feet (6) high shall be erected. Entries to pool
area shall have a self-closing and self -latching device. Such latching device
shall be of located on the pool side at least few and one-half feet (4 %:') from
the ground to eliminate access by small children. Signs or markers shall be
mounted on all entries stating "Keep closed at all times."
(2) Openings under the enclosure may not allow a sphere four inches (4") in
diameter to pass under the enclosure.
(3) If the enclosure is constructed with horizontal and vertical members, and the
distance between the tops of the horizontal members is at least 45 inches, the
openings may not allow a sphere four inches (4") in diameter to pass through the
enclosure.
(4) If the enclosure is constructed with horizontal and vertical members, and the
distance between the tops of the horizontal members is less than 45 inches, the
' openings may not allow a sphere 1'% inches in diameter to pass through the
enclosure.
11.6
ENVIRONW WAL HEALTH ORDINANCE
NO. 1569-1-98
(5) If the enclosure is constructed with diagonal members and no vertical members,
such as a lattice fence, the openings may not allow a sphere 1'% inches in
diameter to pass through the enclosure.
(6) If the enclosure is constructed with chain link metal fencing material, the
openings may not allow a sphere 1'/ inches in diameter to pass through the
enclosure.
(7) Decorative designs or cutouts on or in the enclosure may not contain any
openings greater than 1% inches in any direction.
(8) Permanent equipment or structures may not be constructed or placed in a manner
that makes them readily available for climbing over the enclosure.
(9) Prior to excavation, a temporary fence shall be installed and maintained until
completion of the pool.
(D) Trees shall not hang over pool. Deck surfaces as well as adjoining areas shall be kept
clean and free of weeds, bugs, trash and cans.
(E) If spectator galleries are installed:
(1) there shall be a separation between the areas used by bathers and the areas used
as galleries by spectators;
(2) galleries shall not extend over any part of a pool.
(3) Food and drink are allowed in these areas.
ARTICLE 12. Recirculation System
(A) Each pool with a water capacity of 800 gallons or more or a depth greater than three feet
shall be equipped with a continuous recirculation system consisting of pumps, hair and
lint catchers, filters, and pipe connections necessary to connect to the inlets and outlets
of the pool.
(B) Filters. Filters shall meet National Sanitation Foundation standards, or be approved by
the regulatory authority. The regulatory authority shall disapprove a filter if it does not
backwash thoroughly or does not filter at a sufficient rate.
(C) Pumps. The pumps shall be of an adequate size to mm over the pool water capacity
within six hours for public and semi-public pools.
(D) Hair and lint catcher. A catcher shall be installed on the suction side of the pumps to
prevent hair, lint, and other extraneous matter from reaching the pumps and filters.
Catchers shall be designed to be easily dismantled for cleaning.
(E) Cross connections. Cross connections between the pool water or the recirculation
system and the water supply are prohibited. The pool shall be designed so that fresh
11.7
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
water added to the pool will not create a cross connection as when a hose is submerged
in the pool. Other cross connections shall comply with applicable city ordinances.
ARTICLE 13. Inllets and Outlets; water disposal
(A) Inlets. Pool inlets shall be arranged to produce a uniform chlorine or equivalent
disinfectant residual throughout the pool.
(1) Each inlet shall be equipped with an adjustable orifice or valve so that the flow
of water to various portions of the pool may be adjusted.
(2) The fill pipe to all pools shall have an air gap of sic inches above the pool
coping or be protected by a double check backflow preventer assembly.
(B) Outlets. Pool outlets shall be arranged to produce a uniform circulation of water
throughout a pool.
(1) At least one outlet shall be provided at the lowest point of the floor to permit
complete drainage of the floor area, except in vinyl pools of less than five feet in
depth.
(2) If the width of a pool is more than 40 feet, multiple outlets shall be provided. In
this case outlets shall be not more than 10 feet from each sidewall.
(3) If the exit velocity exceeds two for per second, a National Sanitation Founda-
tion approved, or equal, anti -vortex outlet must be used.
(4) Outlet gratings in the bottom of a pool shall be securely fastened and shall have
a cross-sectional area of at least four times the cross-sectional mea of the
discharge pipe.
(5) A pool shall be equipped with pipe connections which permit the pool to be
emptied as well as recirculated, except for vinyl pools of less than five feet in
depth.
(C) Water disposal
(1) Backwash from a filter must go to the sanitary sewer. Filter backwash may go to
an approved septic tank system or separation tank if a sanitary sewer is not
available.
(2) Pools drained for repairs or cleaning shall drain to the sanitary sewer in
compliance with the Uniform Plumbing Code.
(3) A deck drain may go to a lawn, leaching field, dry well, or, if necessary, to a
natural drainage course.
11.8
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-99
(4) It shall be unlawful to drain the pool upon public or privately owned property at
' any time.
ARTICLE 14. Heating Units. Heating units for pools shall have a thermometer in the recirculation
line. Heaters in dressing rooms, shower rooms, toilet rooms, and rooms in which pools
are contained shall be installed in a manner that will protect swimmers from injury and
protect the units from damage.
ARTICLE 15. Lighting
(A) A system of artificial lighting shall be provided for pools, dressing rooms, shower
rooms, toilet rooms, and rooms in which pools are contained. The system shall be
installed in conformance with the City of Allen Electrical Code, and the design and
arrangement of the lights shall insure clear vision in all areas of a pool and surrounding
pool area.
(B) Underwater lighting shall provide one watt per square foot of pool area for public or
semi-public pools, and shall be installed and maintained in a manner that will insure the
safety of swimmers. If underwater lighting is used, deck lighting shall be directed away
from the pool surface as much as possible and be of a capacity not less than six -tenths
watts per square foot of total area.
(C) Lighting shall be properly grounded as per Allen City code.
' (D) No PVC conduit shall be allowed above grade or slab but rigid or EMT is permitted.
ARTICLE 16. Toilet Facilities
(A) Semi-public pools shall have toilet facilities available within 200 feet of the pool.
(B) Public pools shall have toilet facilities for each sex at the pool site.
(C) Toilet rooms and toilet facilities shall be cleaned with a chlorine solution daily.
(D) Floors shall be made of a smooth, impervious, non skid material and sloped to drain.
(E) Walls and partitions shall be smooth and impervious.
ARTICLE 17. Permit and Manager of Operations
(A) A person shall not operate a public or semi-public pool without an operations permit. To
obtain a permit an applicant shall complete a form provided by the regulatory authority.
An applicant shall designate a manager of operations of each pool for which a permit is
sought.
(B) If a manager of operations of a pool ceases to perform that function for any reason, the
' owner of the pool shall designate a new manager within 30 days.
11.9
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
(C)
The regulatory authority shall issue an operational permit only on receipt of an
'
application for operation, receipt of the designated fee, and upon inspection of the pool
for compliance to this section. No refunds will be made. See Exhibit A for the fee
schedule. Once permitted, pools will be inspected as needed during the operational
season. The inspection form shall constitute a written notice.
(D)
Non -conforming use. Any lawful use of swimming pools existing on the date of
adoption of this ordinance which does not conform to the regulations prescribed herein
shall be deemed a non -conforming structure and shall be continued subject to such
regulations as to the maintenance and operations of premises with the health and safety
of bathers foremost in mind.
ARTICLE 18.
Certification of Manager of Operations
(A)
A manager of operations of a public or semi-public pool shall obtain certification from
the regulatory authority by successfully completing a training course in pool operations.
If a person designated by an owner as manager of operations of a pool is not certified, he
shall attend and successfully complete the next training course conducted after his
designation. Certificates from other cities may be accepted with the approval of the
regulatory authority.
(B)
The certification of a manager of operations expires two years from the date of
certification and a manager must repeat the training course to maintain certification.
' ARTICLE 19.
Operation of a Pool.
(A)
A manager of operations or an owner of a public or semi-public pool shall not:
(I) knowingly permit a condition to exist that endangers the life, health, or safety of
a swimmer or that violates a provision of this article;
(2) knowingly permit a person to swim in a pool who has skin abrasions, open sores,
cuts, skin disease, eye disease, nasal or ear discharge, or other communicable
disease;
(3) knowingly permit a person to carry glass or consume food or drink within a pool
area or on deck;
(4) knowingly allow animals within a pool area or enclosure;
(5) fail to post placards containing pool regulations and instructions in conspicuous
places within a pool area or enclosure;
(6) fail to maintain a pool in accordance with the standards of health and safety
provided in Articles 20 and 21.
' (B)
A manager of operations or an owner of a public or semi-public pool shall:
(1) test the swimming pool water for the amount of residual chlorine and pH prior to
11.10
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
opening the pool for use;
(2) test the swimming pool water for residual chlorine and pH hourly during the
hours the pool is open for use;
(3) evaluate the clarity of the water prior to opening and during the day at periods of
heavy usage;
(4) periodically collect samples of water during times when bathers are in the
swimming pool and submit them for microbiological examination.
(5) maintain pool operating records which shall be made available to the regulatory
authority.
(6) maintain permissible bathing loads within the pool room, enclosure or area at
any one time and not exceed the sum of the following:
1. One person per 15 sq. ft. of water surface in the non swimming area
(portions of the pool with a water depth of 5 ft. or less), plus
2. One person per 25 sq. ft. of water surface in the swimming area
(portions of the pool with a depth greater than 5 ft.).
ARTICLE 20. Quality of Water
(A) Acidity - alkalinity. The water shall be maintained in an alkaline condition so that the
pH of the water is between 7.2 and 8.0 ppm.
(B) Clarity. The water shall be sufficiently clear to permit a distinct view of the main drain
from outside the pool.
(C) Disinfectant.
1. Disinfectant capable of killing bacteria and algae, but not harmful to humans,
shall be added to the pool water through a continuous feed machine. If chlorine
is used, a residual level shall be maintained of one to two parts per million (1.0-
2.0 ppm) depending upon the pH of the water:
pH Cl
7.2
1.0
7.4
1.0
7.6
1.25
7.8
1.75
7.
2.0
'
8.00
2.5
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
II.12
2. Whenever it becomes necessary to add any harsh or irritating chemicals directly
'
into the water of any pool, use of the pool shall be stopped until such time as the
chemical is dissolved completely, diffused thoroughly throughout the swimming
pool water, and testing indicates the chemical balance is within the ranges
indicated above.
(D)
Algae. A swimming pool shall be kept free of algae.
(E)
Circulation. The recirculation system shall be in operation at all times.
(F)
Heating. Hot water shall not enter a pool at a temperature exceeding 110° Fahrenheit.
(G)
Make up water. Fresh water shall be added to a pool at a rate that will keep the pool
water at a level sufficient to allow skimming devices or overflow gutters to work
properly.
(11)
A testing kit shall be required and fully equipped as well as a log kept on a daily basis
indicating hourly chlorine and pH readings, chemicals added, number of bathers and
unusual occurrences. Water samples shall be taken as required by the regulatory
authority.
ARTICLE 21.
Safety Equipment. The following safety equipment shall be conspicuously located and
available for use at anytime a pool is open:
'
(A)
a life pole or shepherd's crook pole capable of reaching each part of a pool; and
(B)
a ring buoy, maximum 15 inches in diameter with 60 foot rope attached, and
(C)
a guard line separating the shallow portion from the deep portion of a pool at the break
point depth; and
(D)
a sign shall be available, and when applicable used, indicating 'No Life Guard on Duty"
and
(E)
an adult, parent or guardian shall be in attendance with any children under age thirteen
(13) years at all times while children are in pool enclosure; and
(F)
a telephone shall be nearby with information of nearest ambulance station; and
(G)
a first aid kit shall be available at all times; and
(H)
all chemicals shall be locked and stored in original containers, in a cool, dry, well
ventilated area; and
(I)
chlorination room shall be well ventilated with gas mask outside; and
(.l)
all cleaning equipment and materials shall be in good repair; and
(K)
chlorine gas cylinders secured.
II.12
E
ENVIRONMENTAL HEALTH ORDINANCE NO. 1569-1-99
ARTICLE 22. Regulations in Pool Area. A person commits an offense if he:
(A) allows a pet under his control to remain within the pool area or pool enclosure.
(B) has skin abrasions, open sores, cuts, skin disease, eye disease, nasal or ear discharge, or a
communicable disease and swims in a public or semi-public pool;
(C) carried glass within a pool area or enclosure;
(D) alters or removes safety equipment from a pool except in a bona fide emergency;
(E) defecates or urinates in the pool or pool area
ARTICLE 23. General Cleanliness and Sanitation.
(A) The room, enclosure or swimming pool area shall be kept in good repair and maintained
in a clean and sanitary condition at all times.
(B) Dressing rooms, shower rooms, toilet rooms, fixtures, equipment rooms and equipment,
concession and visitor areas shall be kept clean, sanitary and in good repair.
(C) Soap dispensers shall be provided at showers and lavatory sinks.
(D) The floors of dressing rooms, toilet rooms, showers, and passageways of all swimming
pools shall be well drained and maintained in a clean condition at all times and shall be
treated daily with a suitable fungicide.
(E) Visible dirt and foreign material in the swimming pool shall he removed
frequently preferably at least once a day.
ARTICLE 24. Temporary Closure. All swimming pools shall be temporary closed for use whenever
any of the following conditions occur and shall not be reopened for use until the condition has been
brought into compliance:
(A) The amount of chlorine residual disinfectant is more or less than amounts specified in
Article 20 (C).
(B) The Microbiological quality of the swimming pool water is within the standards in the
latest edition of "Standard Methods for the Examination of Water and Wastewater".
(C) The pH of the swimming pool water does not comply with the provisions of Article 20
(A) and (C).
(D) The clarity of water does not comply with the provisions of Article 20 (B).
(E) There is a malfunction or non function of the recirculation system.
11.13
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
(F) There is a condition which may endanger the health, safety, or welfare of persons using
the swimming pool.
(G) Temporary closure of a swimming pool shall not require the issuance of a written notice
if the operator voluntarily closes the pool.
ARTICLE 25. Suspension.
Pool if.
The regulatory authority shall immediately suspend a permit to operate a public or semi-public
(1) the annual permit fee is not paid; or
(2) an owner fails to designate and retain a certified manager of operations as specified in
this article; or
(3) the condition of a pool is hazardous to the health or safety of swimmers or the general
public; or
(4) the owner fails to keep all pool equipment and devices working properly.
(5) The suspension shall continue until the cause of suspension is corrected. The owner or
' operator of the pool shall contact the regulatory authority for reinspection to insure
correction of deficiencies.
(6) Lack of compliance with the provisions of these rules.
11.14
ENVIRONMENTAL HEALTH ORDINANCE NO. 1569-1-98
' CHILD CARE CENTERS
TABLE OF CONTENTS
SECTION III
ARTICLE1. DEFINITIONS......................................................................................................................3
ARTICLE 2. RESPONSIBILITIES.............................................................................................................3
ARTICLE 3. GOVERNING RULES..........................................................................................................3
ARTICLE 4. FACILITY SITE
A. LOCATION.................................................................................................................................4
B. OUTDOOR PLAY AREAS........................................................................................................4
C. OUTDOOR EQUIPMENT AND MATERIALS........................................................................4
D. SWIMMING POOLS, WADING POOLS, ENCLOSURES......................................................4
E. WATER SUPPLY.......................................................................................................................4
F. SEWAGE.....................................................................................................................................4
G. SOLID WASTE DISPOSAL.......................................................................................................4
H. INSECT AND RODENT CONTROL.........................................................................................4
ARTICLE 5. GENERAL FACILITY DESIGN........................................................................................5
A. ROOM FINISHES.......................................................................................................................5
B. PLUMBING
C. HEATING AND VENTILATION..............................................................................................6
D. LIGHTING..................................................................................................................................6
E. CUSTODIAL AREAS.................................................................................................................6
ARTICLE 6. INTERIOR ACTIVITY AREA DESIGN
A. FURNISHING AND EQUIPMENT ..............
7
7
' B. NAPPING AREA........................................................................................................................7
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' C. ISOLATION AREA....................................................................................................................7
D. INFANT AND TODDLER PROVISIONS.................................................................................8
E. EQUIPMENT DESIGN...............................................................................................................8
ARTICLE 7. CARE OF CHILDREN
A. DIAPERING AND TOILETING
B. FEEDING
C. FIRST AID.................................................................................................................................9
ARTICLE 8. PERSONNEL HEALTH REQUIREMENTS.......................................................................9
ARTICLE 9. FOOD SERVICE REQUIREMENTS...................................................................................9
A. GENERAL REQUIREMENTS...................................................................................................9
B. KITCHEN EQUIPMENT...........................................................................................................9
C. KITCHEN FINISHES.............................................................................................................. 10
' ARTICLE 10. OFFSITE FOOD SERVICE.............................................................................................. 11
ARTICLE 11. CONSTRUCTION PLAN REQUIREMENTS................................................................. I1
ARTICLE12. PERMITS.......................................................................................................................... 12
ARTICLE13. INSPECTIONS................................................................................................................. 14
ARTICLE 14. CLOSING A
14
PURPOSE: TO PROTECT THE HEALTH, SAFETY, AND WELL BEING OF THE CHILDREN
AND STAFF LIVING IN CHILD CARE FACILITIES; PROVIDING FOR DEFINITIONS;
PRESCRIBING MINIMUM STANDARDS FOR CHILD HEALTH AND SAFETY PROTECTION
DURING PART OR ALL DAY FOR CHILDREN UNDER 14; PROVIDING FOR FACILITY
LOCATION AND DESIGN; PROVIDING FOR FACILITY EQUIPMENT; PROVIDING FOR
CONSTRUCTION REQUIREMENTS AND PLAN REVIEW; PROVIDING REQUIREMENTS FOR
FOOD SERVICE; PROVIDING FOR PERMITS AND INSPECTION FREQUENCY, PROVIDING
FOR SUSPENSION AND REVOCATION OF PERMIT; PROVIDING FOR APPEAL; PROVIDING
FOR REISSUANCE OF PERMIT; PROVIDING FOR CLOSING A FACILITY.
111.2
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' ARTICLE 1: DEFINITIONS
A. "Child Care Center" is a commercial facility licensed by the Texas Department of Protective and
Regulatory Services (TDPRS) and may be titled a Nursery School, Kindergarten, Child
Development Center, Day Care Center, Private School, etc. and provides care for less than 24
hours a day for more than 13 children under age 14.
B Kindergarten and Nursery Schools are child care facilities licensed by the Texas Department of
Protective and Regulatory Services offering a program four hours or less per day for children
who have passed their second birthday but are under seven years of age.
C School -Kindergarten and above. A school, grades kindergarten and above, is a child care facility
licensed by the Texas Department of Protective and Regulatory Services offering an educational
program in one or more grades for children ages 5 through 13. A school operates only during
customary public school days.
D. "Regulatory Authority" -local health enforcement authority or authorities in the City of Allen
having jurisdiction over the child care center.
E. "Infant" - Children that range from 6 weeks of age to the age at which they are able to walk
without assistance.
F. "Toddler" - Children under 3 years of age that are able to walk without assistance.
' G. "Texas Department of Protective and Regulatory Services" - Licensing and Inspection agency of
Child Care Centers for the State of Texas.
ARTICLE 2:
The regulatory authority shall be responsible for monitoring the health and safety aspects and conducting
of inspections of child care centers. Liaison with regulatory agencies shall be maintained to insure
compliance with state minimum requirements. The director of the child care center has absolute
responsibility for the operation of the center.
ARTICLE 3: GOVERNING RULES
A copy of the minimum standards set forth by TDPRS as well as the Allen Environmental Health
Ordinance , Section III, and where applicable. Section 1, Food Service, and Section II, Swimming Pools,
shall be easily accessible in the child care facility.
11
C
ENVIRONMENTAL HEALTH ORDINANCE NO. 1569-1-98
ARTICLE 4: FACILITY SITE
A. Location
1. A child care center shall not be located in a residence.
2. No other business enterprise will be conducted in a child care center during hours of
operation.
3. Centers will be located on the ground floor level.
B. Outdoor Play Areas
1. All outdoor play areas shall be maintained in a clean and safe condition free of debris,
dilapidated structures, broken or worn play equipment, or standing water, high weeds or
similar conditions.
2. Outdoor play areas shall be enclosed with a 6 foot fence with secured gate that is
maintained in good repair.
C. Outdoor Equipment and Materials
I. Playground equipment with hazardous moving parts or construction such as protruding
nails, screws, sharp edges, splinters, etc, or toxic materials shall not be installed.
2. Play equipment shall be securely fastened to the ground and maintained in good repair.
3. Sandboxes, if used, shall be constructed to allow for proper drainage and
maintained in a safe and sanitary condition.
D. Swimming, Wading Pools and Enclosures. Pools and enclosures shall meet the
specifications of Section 11 of the Environmental Health Ordinance.
E. Water Supply
1. Quantity shall be sufficient to supply water for cooking, cleaning, drinking, toilets and
outside uses without producing low water pressure.
2. Approved methods of drinking water dispensing are:
a. Drinking fountains with an angled jet and orifice guard above the rim of the
fountain. Regulate the pressure in order that the water stream does not come in
contact with the orifice nor splash on the floor.
b. Single service cups dispensed by staff or through an approved dispenser.
F. Sewage. All liquid wastes (including sink drainage, pool backwash, showers, etc.) must be
discharged to a sanitary sewer.
G. Solid Waste Disposal
IIIA
ENVIRONMENTAL HEALTH ORDINANCE NO. 1569-1-98
1. All garbage and rubbish shall be kept in containers that are constructed of durable
material and are easily cleanable, do not leak, and do not absorb liquids.
2. Containers shall have tight fitting type lids or covers and disposable liners.
3. Stored garbage and rubbish areas shall be kept clean and inaccessible to children, insects
and rodents.
4. Dumpsters or compactors shall be screened, secured and stored on a concrete or asphalt
slab.
H. Insect and Rodent Control
1. All openings to the outside shall be effectively protected against entrance of insects and
rodents by self closing doors, closed windows, screening, insect stripping or other
effective means.
2. Insecticides and rodenticide must be of an approved type and dispensed in a method so
as not to constitute a hazard.
3. Extensive extermination shall be provided by a licensed or certified pest control
applicator.
' ARTICLE 5: GENERAL FACILITY DESIGN
A. Room Finishes
1. Exposed flashing or deteriorating surfaces covered by lead based paint shall be
resurfaced with lead free paint or other coverings.
2. Room finishes, plumbing, etc. shall be free of exposed friable asbestos.
3. Splash areas of walls at hand sinks shall be sealed and easily cleanable (epoxy or enamel
paint as a minimum).
4. Toilet room walls shall be of FRP (fiber reinforced polyester), ceramic the or equivalent.
5. Floors shall be smooth, easily cleanable, free of cracks, bare cement, dampness,
splinters, sliding rugs, drafts, telephone or electrical outlets.
6. Floors in toilet rooms shall be of quarry, terrazzo, ceramic or equivalent material as
approved by the regulatory authority.
7. Floors shall be vinyl the or similar material where meals and snacks are consumed.
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
B. Plumbing
' 1.
All shall be in accordance local
plumbing with state and codes.
a. Appropriate back flow preventers, vacuum breakers or air gaps shall be provided
for all boiler units in which chemicals are used.
b. Appropriate vacuum breakers shall be installed on all threaded hose bibs.
2.
Toilets, urinals and hand sinks shall be apportioned at a rate of 1:15 children, properly
sized or mounted at appropriate height to accommodate the children. Safe and cleanable
step aides may be used where adult sized plumbing is present.
3.
Hot and cold running water shall be provided at every hand sink. Hot water shall not
exceed 120°F. Mixing faucets are required to provide tempered water to these sinks.
C. Heating and Ventilation
1.
All rooms used by children shall be adequately heated, cooled and ventilated.
2.
A draft free temperature of 68°F to 74°F should be maintained at 35% - 60% humidity.
Thermometers shall be placed in every indoor activity area.
' 3.
All heating units, including hot water pipes and radiant heating devices, are to be made
inaccessible to the children.
4.
Ventilation shall be provided in each toilet room by means of mechanical ventilation
which exhausts to the outside or by screened opened window.
D. Lighting
1. All activity areas shall have adequate lighting.
a. A minimum of 30 foot candles of illumination shall be maintained in work and
play area. 50 foot candles are needed for reading, painting and other close
working areas.
b. Light fixtures shall be shielded or shatterproof bulbs used.
C. Child proof covers for electrical outlets required for children under 5 years
of age.
E. Custodial Areas
1. All mechanical, equipment, storage rooms, janitorial closets and maintenance shops shall
be inaccessible to the children.
2. Flammable liquids shall not be stored in the building, near or in outdoor play areas.
IIIA
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
3. Medicines, cleaning supplies, plastic bags and shop tools shall be inaccessible to
' children.
4.Combustibles such as cleaning rags, mops, cleaning compounds, etc. shall be stored in a
well ventilated area. Cleaning materials, bleaches, detergents and other toxic items shall
be properly labeled, separated from food and flammable items and be inaccessible to
children.
5. If laundering is done on the premises, a laundry room with self closing doors and
properly vented (to exterior) clothes dryer is needed.
ARTICLE 6: INTERIOR ACTIVITY AREA DESIGN
A. Furnishings and Equipment
1. Equipment, materials and furnishings shall be study, of safe construction, easily
cleanable and free of sharp points or corners, splinters, protruding nails, rusty parts or
paint containing toxic materials.
2. Individual cabbies, lockers or coat hooks spaced 12 to 18 inches apart at child's height
shall be provided for storage.
3. Toys and supplies shall be of safe, nontoxic, shatterproof materials without sharp points,
easily cleanable and large enough not to be swallowed are acceptable.
4. Where individual cloth towels, tooth brushes, wash cloths or combs are used by children,
they are to be stored in a safe and sanitary manner. Individual personal items shall be
stored in a clean separate, closeable container that is labeled with the children name.
5. All stairways will be protected by gates or similar restraints.
B. Napping Area
1. All bedding such as cots, beds, cribs, floor pads (mats) or suitable coverings shall be
maintained in a safe, waterproof, and sanitary manner.
2. Linens shall be labeled and laundered at least once a week and more often as needed.
Linen used for more than one child shall be laundered between uses.
C. Isolation Area
1. Each center must include a designated area for a child who becomes ill. Such space shall
be adequately ventilated and heated, and equipped with bed or cot composed of materials
that can be sanitized easily.
2. If the area is not a separate room it shall be separated from space used by other children
by a partition, screen or other suitable means. It should be in close proximity to toilet
and lavatory facilities and where health and sanitation means can be carried out without
interruption of other activities.
111.7
ENVIRONMENTAL tmALTB ORDINANCE
NO. 1569-1-98
D. Infant and Toddler Provisions
1. Separate space for infants and toddlers should be protected from older children, general
walk ways, or traffic areas.
2. Floors shall be clean and smooth. Carpeted areas must be vacuumed daily and
shampooed regularly.
E. Equipment
1. Equipment and play materials shall be durable and free from characteristics that may be
hazardous or injurious to include sharp, rough edges, toxic paints or materials, and
objects small enough to be swallowed.
2. Safe, sturdy, well constructed individual cribs, portable cribs, or play pens used for
sleeping shall be equipped with good, firm fitting mattresses made of waterproof
materials that can be washed. Stacking cots, constructed of washable materials or full
sized cribs shall be provided for toddlers.
3. Equipment, toys, play materials shall be of cleanable construction. Mouth contact
surfaces shall be sanitized daily and/or between different children use.
' 4. Vertical slats on cribs shall not be more than 2% inches apart.
5. Bed linens used on cots, cribs or playpen shall be tight fitted and washable.
6. Conveniently located, washable, plastic lined, tightly covered receptacles shall be
provided for soiled diapers.
7. Locked cabinets shall be provided for hazardous items.
8. High chairs, cribs, and swings shall be stable and kept in good repair.
9. Feeding tray surfaces shall be smooth, easily cleanable and sanitized after each use.
ARTICLE 7: CARE OF CHILDREN
A. 1. Diaper station shall be located immediately adjacent to hand sinks supplied with
dispenser soap and disposable towels. Wash hands before and after diaper changing.
2. Disposable diapers will be placed in cleanable containers with plastic liners and tight
fitting lids after changing and then removed to the exterior garbage area when '% full.
B. 1. Children's hands shall be washed and dried.
2. Formulas and food brought in shall be refrigerated, as required, and identified with
child's time and date.
IIL8
ENVIRONWNfAL HEALTH ORDINANCE NO. 1569-1-98
3. Sack lunches shall be labeled.
4. Common towels or face cloths are prohibited.
C. First aid supplies shall he kept in a designated area, in a covered container and inaccessible to
children and labeled "First Aid."
ARTICLE 8: PERSONAL HEALTH REQUIREMENTS
I. No staff member who is in intimate contact with communicable disease, or is a carrier of
such disease, or is afflicted with boils, infected wounds or sores, or acute respiratory
infection or acute diarrhea shall be permitted to care for children, prepare food, or be
employed in any capacity where there is a likelihood of transmitting the disease to other
individuals in the center. If there is doubt of an individual's communicability, a
physician's clearance is required.
2. All staff members shall wear clean outer garments, maintained in a high degree of
personal cleanliness.
3. Staff shall wash hands frequently.
4. Volunteer personnel must meet the same health requirements as staff.
ARTICLE 9: FOOD SERVICE REQUIREMENTS
A. General Requirements
1. The center shall conform to all applicable food service rules as stated in the Allen
Environmental Health Ordinance.
2. Children must wash hands and be adequately supervised when involved in any food
service activity including setting tables.
3. Children shall not be allowed in kitchen area.
4. Kitchen facilities shall be separated from other day care areas.
B. Equipment Requirements contained in the Food Service Ordinance are applicable in
Child Care Center kitchens with these added stipulations:
Facilities serving up to 30 meals/day should be provided with a three compartment sink
or dishwasher. If a dishwasher is used, it must be capable of sanitizing. At least a two
compartment sink should be installed in conjunction with a dishwasher. A dishwasher
must be provided if reusable tableware is used.
2. Facilities serving 31-90 meals/day must be provided with a three compartment sink with
dual integral drain boards and/or a dishwasher capable of sanitizing multi -use utensils.
If only a dishwasher is installed, a minimum of a two compartment sink is required.
111.9
ENVIRONMENTAL HEALTH ORDINANCE
' 3. Facilities serving 91 or more meals/day must be provided with a three
compartment sink with dual integral drain boards and/or a commercial
dishwasher. If only a commercial dishwasher is to be installed, a
minimum of a two compartment sink with spray unit is required.
Commercial refrigeration and cooking equipment is also required.
4. For facilities serving 8-50 meals/day commercial refrigeration is
recommended. A domestic refrigerator and freezer are adequate for this
enrollment capacity.
5. Facilities serving 50 or more meals/day must provide commercial
refrigeration.
NO. 1569-1-98
6. Facilities serving 91 or more meals/day with commercial cooking equipment requiring
ventilation must provide an exhaust system which provides 50 feet per minute capture
velocity 6 inches above the outer edges of the cooking surfaces.
7. A separate handsink with hot and cold water tempered by means of a mixing valve or
combination faucet supplied with soap and individually dispensed paper towels. The
soiled end of a two or three compartment sink may be used if a dishwasher is used for
sanitizing all food contact equipment.
'
8. Preparing foods that require a grill, fryer or similar grease producing equipment will
require additional ventilation and grease trap requirements.
9. Food Contact Surfaces. Food contact surfaces shall be safe, durable, corrosion resistant,
nonabsorbent, smooth, easily cleanable, resistant to pitting, chipping, scratching,
distortion and decomposition.
10. Non Food Contact Surfaces. Surfaces of equipment not intended for contact with food,
but which is exposed to splash, spillage and other food soiling, shall be constructed of
smooth, contusion resistant, nonabsorbent material.
C. Room Finishes
Floor surfaces. Child Care Center kitchens involved in heavy food preparation shall
install quarry, ceramic, terrazzo the or an equivalent floor covering and integrally coved
with the same material. Those involved in light food preparation shall install
commercial grade sheet vinyl or equivalent. An approved sealer is required at the
floor/wall juncture.
Wall surfaces. Child Care Centers shall install wall surfaces of fiberglass reinforced
polyester (FRP) or equivalent material.
3. Ceiling surfaces. Ceiling surfaces shall be of washable, easily cleanable vinyl coated
panels or equivalent materials.
III.10
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' 4. Maintenance, repair and replacement. Floors walls, ceiling and equipment shall be
maintained in a condition that facilitates through and rapid cleaning , good repair free of
cracks, chips, holes and deterioration. The regulatory authority may require repair or
replacement of any floor, walls or equipment that fail to meet requirements of this
ordinance.
5. Existing facilities. When remodeling, or changing ownership
a. Existing facilities having residential dishwashers are required to be capable of
sanitizing by hot water, steam, or chemicals.
b. If existing facilities change menu, requiring the use of grills, fryers or other
grease producing equipment (heavy food preparation), additional modifications
such as grease trap and exhaust systems are required.
C. Mop sink is required.
d. Existing equipment - See Section 1 Article 7 (H) (2) Q) of this ordinance.
ARTICLE 10: OFF-SITE FOOD SERVICE
1. All off-site food services used by a child care center must have a valid license as a food
service facility.
' 2. Centers receiving food from off-site facilities must have adequate provisions for holding
and serving hot food hot (140°F) and cold food cold (40°F) and utensil washing facilities
to meet the requirements of this ordinance.
3. All potentially hazardous foods shall be kept at the above temperatures during
transportation.
4. During transportation all food shall be kept in covered containers or packaged to
protect it from contamination as required by the Allen Food Service rules.
ARTICLE 11: PLANS REQUIRED
When a child care center is constructed or remodeled, stamped, certified, properly
prepared plans and specifications shall be submitted to Environmental Health for
approval fifteen (15) days before such work is begun. Contents of plans shall include:
Intended food service menu.
2. projected volume of food to be stored, prepared and served.
3. Maximum capacity and square footage of center and playground.
' 4. proposed room layout and dimensions, construction materials and finish schedules.
ENVIRONMENTAL HEALTH ORDINANCE NO. 1569-1-98
' 1, Equipment schedule, locations, dimensions and performance capacities.
6. Plumbing, lighting, mechanical schedules.
7. Other items as required by Environmental Health.
ARTICLE 12: PERMITS
A. Permits
General. No person shall operate a child care center without a valid permit issued to him
by Environmental Health and the Texas Department of Protective and Regulatory
Services. (TDPRS). Only a person who complies with the requirements of this
ordinance shall be entitled to receive, or retain such a permit. Permits are not
transferable, and must be displayed in plan view of the public.
2. Issuance of Permit.
a. Application. A written application for a permit, is required and shall be
submitted fifteen (15) days before proposed opening, on a form provided by
Environmental Health. Application for new ownership of an existing center is
also required. Such application shall include the full name, mailing address,
telephone number and other information deemed necessary.
' b. Permit Fee. A permit fee shall accompany the application, and the permit is
valid for one year from date of issuance unless suspended or revoked. Permits
shall be renewed on an annual basis by filing a renewal application and payment
of permit fee. The fee is not refundable. An administrative fee not to exceed the
permit fee may be required if permit has expired. No fee shall be charged to any
child care center owned and operated by a government agency or independent
school district; however such establishments shall comply with all other
requirements of this ordinance.
Prior to final approval of a new application for permit and issuance of such
permit, the regulatory authority shall inspect the center to determine compliance
with the requirements of this section.
Denial of Permit. If an application of permit is denied, the applicant will be notified, in
writing, as to the reasons for denial and refunded one-half (50%) of the permit fee.
Suspension of Permit
a. The regulatory authority may suspend any permit to operate a child care center if
the holder of the permit or person in charge does not comply with the
requirements of this ordinance or other pertinent city ordinances, or if the
operation of the center does not comply with the same ordinances, or if the
operation of the center otherwise constitutes a hazard to the occupants or a
permit has expired for over 30 days. Permits may be suspended temporarily by
the regulatory authority for repeated failure to comply and respond within a
111.12
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' specified limit of time regarding violations observed and noted. A citation may
be issued for each violation found.
b. Whenever a permit is suspended, the holder of the permit or person in charge
shall be notified in writing that the permit is, upon service of the notice,
immediately suspended and that child care operations must be immediately
discontinued.
B. Notices
An opportunity for hearing will be provided if a written request for hearing is
filed with the regulatory authority by the holder of the permit within ten (10)
days. If no written request for hearing is filed within the ten days, the
suspension is sustained. (See Section V, Administration).
d. Reissuance of permit. The permit will be reissued when, the holder of the
permit has written a request to the regulatory authority indicated the conditions
causing the suspension have been corrected. The regulatory authority shall
reinspect the operation to insure compliance within ten (10) days following
receipt of request. Once all requirements are met, the permit shall be reinstated.
A new application form and permit fee shall be submitted.
Revocation of permit
a. The city manager, or designee may, after providing opportunity for a hearing,
permanently revoke a permit for serious or continuously repeated violations of
any of the requirements of this ordinance or for interference with the regulatory
authority in the performance of duty.
The regulatory authority shall notify, in writing, the holder of the permit or
person in charge of the specific reasons for which the permit is to be revoked.
The regulatory authority shall also notify the City Manager, or designee for
permission to continue the revocation process. The permit shall be revoked at
the end of fifteen (15) days following service of such notice, unless a written
request for hearing is filed with the city manager by the permit holder within the
fifteen (15) day period. If no request for hearing is filed within the fifteen (15)
day period, the revocation of the permit is final. A permit may be suspended for
cause pending its revocation or hearing relative thereto.
Service of Notices. A notice provided for in this ordinance is properly served when it is
hand carried to the permit holder, a person operating the center without a permit, or
person in charge, or when sent by regular or certified mail to the last known address.
2. Hearings. The city manager, or designee, shall serve as hearing officer at a time and
place designated by the regulatory authority. Based on the record of such hearing, the
hearing officer shall make a finding and sustain, modify or rescind any official notice or
order considered in the hearing. A written report of the hearing decision will be
furnished to the permit holder by the regulatory authority.
111.13
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
1, Permit Refunding. The applicant shall not be entitled to a refund of a permit fee when
permit is revoked or suspended.
4. Reinstating after Revocation. Whenever a revocation of a permit has become final, it
shall not be reinstated.
ARTICLE 13. INSPECTIONS
A. Access. The regulatory authority, after proper identification, shall be permitted to enter any
child care center at anytime, for the purpose of making inspections to determine compliance with
these rules.
B. Consent to Inspection. Application for and operation of a child care center inside the City of
Allen constitutes consent for the regulatory authority to inspect the center. It shall constitute an
offense for any person to hinder, physically prevent, interfere with or otherwise obstruct the
lawful inspection of a child care center by the regulatory authority. Such action may constitute
reason for disapproval of application, or suspension or revocation of permit. In addition, it also
may constitute an offense if any person willfully provides false information to the regulatory
authority as it relates to the operation and enforcement of the provisions of this ordinance.
C. Inspection Frequency. An inspection of a child care center should be performed at least four
times annually. Additional inspections shall be performed as often as necessary for the
enforcement of this section. Less frequent inspections may be conducted based on previous
history and compliance of the facility.
D. Report of Inspection. Whenever an inspection is made of a child care center, the finding shall be
recorded on an inspection form provided by the regulatory authority. The original copy of the
inspection form shall be famished to the owner or person in charge at the completion of the
inspection and constitutes a written notice. The completed inspection form is a public document
that shall be posted at a conspicuous location for the public.
E. Correction of Violations. The inspection report shall specify a reasonable period of time for
correction of violations found, and correction of the violations shall be accomplished within the
period specified. A new citation may be issued each day the violation remains uncorrected.
F. Potential Health Hazards. If a potential health hazard exists, that area of the center will cease
operations and children be removed until the problem is corrected. Hazards include but are not
limited to lack of water, electricity, sewer back up, communicable disease outbreaks, and fire.
ARTICLE 14. CLOSING A CHILD CARE CENTER
The regulatory authority in conjunction with the Texas Department of Protective and Regulatory
Services shall close a center and place the children in another facility if violations of this ordinance and
the minimum standards set by TDPRS create an immediate danger to the children.
111.14
ENVIRONMENTAL HEALTH ORDINANCE NO. 1569-1-98
' FAMILY HOME
SECTION IV
PURPOSE: PROVIDING A DEFINITION FOR FAMILY HOME; PRESCRIBING
REQUIREMENTS FOR CHILD HEALTH AND SAFETY PROTECTION DURING PART OR
ALL DAY FOR CHILDREN UNDER 14 IN FAMILY HOME CARE; PRESCRIBING
REGISTRATION REQUIREMENTS ESTABLISHED BY THE STATE OF TEXAS;
PRESCRIBING ADMINISTRATIVE PROCEDURES AND REPORTING OF CHILD ABUSE;
AND PRESCRIBING JOINT INSPECTION PROCEDURES BY THE CITY OF ALLEN AND
STATE OF TEXAS.
ARTICLE 1. DEFINITION: A family home means a home that regularly provides care in the care
giver's own residence for not more than six (6) children under fourteen (14) years of age, and that
provides care after school hours for not more than six (6) additional elementary school children care;
but the total number of children, including the care giver's own, does not exceed twelve (12) at any given
time.
ARTICLE 2. REQUIREMENTS FOR CHILD HEALTH AND SAFETY PROTECTION:
The operator of a Registered Family Home must comply with the Texas Department of Protective and
Regulatory Services' rules and standards.
ARTICLE 3. REGISTRATION REQUIREMENTS: A family home that provides care for three (3)
' or fewer children excluding the care giver's own children may register with the Texas Department of
Protective and Regulatory Services. A family home that provides care for four (4) or more children
excluding the care giver's own children must register with the Texas Department of Protective and
Regulatory Services.
ARTICLE 4. ADMINISTRATIVE PROCEDURES IN REPORTING OF VIOLATIONS: Complaints
of failure to comply with any of the requirements established for family homes shall be referred to the
Texas Department of Protective and Regulatory Services for investigation. Complaints referred to the
Environmental Health Department of the City of Allen concerning child abuse in a family home shall be
referred to the Texas Department of Protective and Regulatory Services and City of Allen Police
Department for investigation.
ARTICLE 5. JOINT INSPECTION: Inspections of family homes shall be performed on a complaint
basis, either by the Texas Department of Protective and Regulatory Services and the City of Allen. In
cases where directed to do so by the Texas Department of Protective and Regulatory Services, The
Environmental Health Department of the City of Allen shall perform the inspection and report its
findings to the Texas Department of Protective and Regulatory Services for enforcement.
IV.I
ENVIRONMENTAL HEALTH ORDINANCE
' MINIMUM STANDARDS FOR SANITATION
AND HEALTH PROTECTIVE MEASURES
I�
TABLE OF CONTENTS
SECTION V
ARTICLE I PURPOSE ..............................................
ARTICLE 2 DEFINITIONS ......................................
ARTICLE 3 ENFORCEMENT AND INSPECTION
ARTICLE RESPONSIBILITY ...............................
NO. 1569-1-98
ARTICLE 5 NUISANCES AND GENERAL SANITATION.................................................................3
ARTICLE 6 GARBAGE REFUSE AND OTHER WASTE....................................................................5
ARTICLE 7 DISPOSAL OF HUMAN WASTE......................................................................................5
ARTICLE 8 RODENT CONTROL.......................................................................................................... 5
ARTICLE 9 NOTICE OF VIOLATION AND ABATEMENT OF NUISANCES..................................6
PURPOSE: ESTABLISHING MINAIUM STANDARDS OF SANITATION AND HEALTH
PROTECTIVE MEASURES; PROVIDING FOR DEFINITIONS; PROVIDING FOR PUBLIC
HEALTH NUISANCES AND GENERAL SANITATION AND MAINTENANCE OF
BUSINESSES, RESIDENCES, AND FACILITIES USED BY THE PUBLIC; PROVIDING
RESPONSIBILITY FOR SANITATION AND MAINTENANCE; PROVIDING
ENFORCEMENT PROCEDURES; PROVIDING FOR CITATION, FINES ( MAXIMUM OF
$2000) AND ABATEMENT OF VIOLATION AND RECOVERY OF COSTS; PROVIDING FOR
APPEALS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
V.1
ENVIRONMENTAL HEALTH ORDINANCE NO. 1569-1-98
' ARTICLE 1. Purpose and Intent: The purpose and intent of this code is to regulate and control public
health nuisances, sanitation and other conditions and circumstances, that adversely affect the life, health,
safety and welfare of the general public; It is not intended that this code be interpreted or enforced to
require the City to intervene on behalf of any party in matters which are primarily personal or private in
nature and which may appropriately be resolved between or among private parties without danger to the
public health, safety or welfare.
ARTICLE 2. Definitions: Words in the masculine gender include the feminine , and the feminine the
masculine.
"Carrion" - Dead or decaying animal, fowl or fish.
"Enforcement Authority" - means the local health enforcement authority, Environmental Health
Inspector/Sanitarian or authority to whom the City Manager may delegate.
"Hazardous Waste" - Toxic, caustic, or flammable materials.
"Infectious/Medical Waste" - A solid, medical waste containing pathogens or biologically active material
capable of transmitting disease such as animal and human blood or body parts, microbiological and
pathological waste, needles, syringes and sharps.
"Nuisance" - Any object, place or condition which constitutes a possible and probable medium or
transmission of disease to or between human being animals and birds or any other object, place or
' condition which may be specifically declared by this code to be a nuisance.
"Objectionable or unsanitary matter" - Any matter or object which is offensive to ordinary sensitivities
of a person or is a health or is a health or safety hazard or a potential health or safety hazard.
"Owner" - Owner shall mean any person claiming or in whom is vested: the ownership, dominion or title
of real or personal property, including but not limited to:
1. Holder of simple title,
2. Holder of life estate or leasehold estate,
3. A buyer in possession, or having right of possession under a contract or deed,
4. A mortgagee, receiver, executor or trustee in possession or control of real property,
S. Any agent who is responsible for managing, leasing or operation of property.
"Pool" - a permanent swimming pool, spa, hot tub over 18" deep if public or semi public, and 3'
deep if private, located at ground level, above or below ground, filled or empty.
"Premises" -any parcel, lot or tract of land, including any structure, building, landscaping or trees
thereon or other structure or improvement located thereon.
"Sanitarian/Environmental Health Inspector"- Any trained worker who has a practical knowledge of
sanitation as it pertains to disease control.
' "Structure" - shall mean any residential or non residential building, dwelling, condominium, townhouse,
apartment„ detached garage, shed, swimming pool, excavation, edifice, erection or material placed or
located on and any improvements of any property.
V.2
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
' "Tenant" - means any person or their agent who occupies a structure or property.
"Unwholesome/Impure Matter" - Any condition, object or matter, weather decaying or non decaying,
which may produce injury, disease or death to human beings directly or indirectly.
ARTICLE 3 ENFORCEMENT AND INSPECTION.
1. The Enforcement Authority for this ordinance shall be the City Manager or the person or
department to whom the City Manager delegates the enforcement responsibility. He or his
designated representative shall have citation authority.
2. Whenever it is necessary to make an inspection to enforce this Code, or whenever the
enforcement authority has reasonable cause to believe that there exists in any building or
structure or upon any property a condition or violation which is unsafe, unhealthy, unwholesome,
dangerous or hazardous or detrimental to the public interest, the enforcement authority may enter
such building or structure or property at all reasonable times to inspect same; provided that if
such building, structure or property is occupied, the enforcement authority shall first present
proper credentials and request entry, and if such entry is refused, the enforcement authority shall
have recourse to every remedy provided by law to secure entry and protect the public health.
ARTICLE 4 RESPONSIBILITY
' 1. OWNER. Every owner of the premises shall be responsible to maintain such premises in
compliance with this Code even though an obligation is also imposed on the tenants or
occupants of his building. An owner shall not let, rent or lease a premises for occupancy or use,
which does not comply with the provisions of this Code.
2. OWNER AND TENANT. Every owner and every tenant of the premises shall maintain the
premises in a clean, sanitary, and safe condition, as written in this code, including but not limited
to, the disposal of rubbish, garbage, organic or inorganic waste, or other waste in a lawful
manner.
ARTICLE 5. NUISANCES AND GENERAL SANITATION. Each of the following are nuisances
dangerous to the public health:
1. Any condition or place allowed to exist in a populous area which constitutes a breeding
place for flies
2. Any place, condition or building controlled or operated by any governmental agency,
state or local, which is not maintained in a sanitary condition.
3. All sewage, human excreta, waste water, garbage or other organic matter deposited,
stored, discharged or exposed in such a way as to be a potential instrument or medium in
the transmission of disease to or between any person or persons.
4. Any vehicle or container that is used to transport garbage, grease, human excreta,
chemicals or other organic material and that is defective and allows leakage or spillage
of contents.
V.3
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
5. Any collection of water in which mosquitoes can/we breeding in a populous area.
6. Any place or condition attracting or harboring rats in a populous area.
7. The presence of ectoparasite, including but not limited to, bed bugs, lice and mites,
carriers in a place in which sleeping accommodations are offered to the public.
8. Any object, place, or condition that is a possible and probable medium of disease
transmission to or between humans.
9. Whatever renders air, food, or drink unwholesome or detrimental to the health, safety
and welfare of human beings or in violation of the codes and ordinances of the City and
State.
10. Maintaining promises in a manner that creates an unsanitary condition likely to attract,
or harbor mosquitoes, rodents, vermin or other disease carrying insects.
it. Any attractive nuisance and whatever is dangerous to human life or is detrimental to
health and is contrary to the public health, safety and welfare.
12. The meddling with garbage, trash or rubbish and their containers, or in any way
pilfering, and scattering of same.
' 13. Maintaining a building in a manner that is structurally unsafe, unsanitary, or otherwise
constitutes a hazard to health, safety, or public welfare because of inadequate
maintenance, unsanitary conditions, dilapidation, obsolescence, disaster, damage, or
abandonment or because it constitutes a fire hazard.
14. INADEQUATE SANITATION. Inadequate sanitation in a dwelling unit shall include,
but not limited to, the following:
A. Lack of, or improper repair or installation of, or sanitary water closet, lavatory,
bathtub or shower.
B. Lack of, or improper repair or installation of, kitchen sink in a private dwelling
unit.
C. Lack of running water, under pressure, to plumbing fixtures.
D. Lack of, or improper operation of ventilation equipment.
E. Lack of minimum amounts of natural light and ventilation that may cause
unhealthy or unsanitary conditions..
Floors, walls (including windows and doors), ceiling, and other interior surfaces of every building or
' structure shall be maintained in good, clean, sanitary condition not showing any evidence of peeling
paint, cracked, crumbling or loose plaster, decayed material or other defective surface.
VA
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
ARTICLE 6. GARBAGE, REFUSE AND OTHER WASTE
1. Premises occupied or used as residences or for business or pleasure shall be kept in
clean and sanitary condition.
2. Kitchen waste, laundry waste, or sewage shall not be allowed to accumulate on,
discharged into or flow onto any property, street or alley.
3. Waste products, polluting material, chemicals, brines, garbage, rubbish, refuse, used
tires, petroleum products, or other waste of any kind shall not be stored, deposited, or
disposed of in a manner that may cause the pollution or contamination of the
surrounding land and water, cause the breeding of insects and rodents, or endanger life
or property.
4. The draining or discharging of pesticides, grease, petroleum products, paints, toxic
chemicals onto any property, street, or alley is prohibited.
5. No infectious/medical or hazardous waste shall be deposited at any location regardless of
consent of property owner. Infectious/medical waste from businesses shall not be
placed in polycarts, pickup point or dumpsters. Infectious/medical waste from residences
shall not be placed in polycart unless properly contained. Hazardous waste from any
location shall not be placed into polycarts, pickup point or dumpsters unless approved by
the regulatory authority.
' ARTICLE 7. DISPOSAL OF HUMAN WASTE
Human excreta in a populous area shall be disposed of through an approved sewage disposal
system, treatment tanks, chemical toilets. The disposal system shall be sufficient to prevent the
pollution of surface soil, the contamination of a drinking water supply, the infestation of insects
and rodents or the creation of any other public health nuisance.
ARTICLES. INSECT AND RODENT CONTROL
Every owner and every tenant of a building, structure, or property shall prevent any
condition which can provide harborage and breeding of insects, rodents or other pests
which can create a hazard or a nuisance to said building, structure, property, or
occupants and are otherwise detrimental to the public health, safety and welfare.
A person who possesses an enclosed structure and knows that the structure in infested
with insects/rodents shall:
Attempt to exterminate the insects/ rodents by poisoning, trapping, fumigating,
or other appropriate means; and
Provide every practical means of eliminating insects/rats in the structure; and
C. Incorporate insect/rat proofing features.
V.5
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1-98
ARTICLE 9. NOTICE OF VIOLATION AND ABATEMENT OF NUISANCES
' L In the event a nuisance or violation as defined by this ordinance is found to exist upon
any property within the city, or in the event that any person, firm or corporation owning,
claiming, occupying or having supervision or control, of any property within the Allen
City limits, fails to comply with the forgoing provisions of this ordinance, it shall be the
duty of the regulatory authority to give a minimum of ten (10) days notice in writing to
such person, firm, or corporation which is creating such nuisance or is violating the
terms of this ordinance. If such person, firm or corporation fails or refuses to comply
with the provisions of this ordinance within the specified period following notification,
they shall be considered in violation and subject to citation, fine and penalties as
provided by this ordinance.
2. The notice shall be in writing and may be served on the property owner, occupant, or
agent of same by handing it to him in person, by United States certified mail, or regular
mail, address to owner, occupant, agent at his post office address, or if the same cannot
be found and/or letter is returned, then by posting such notice on the dwelling or
establishment.
3. The provisions above shall apply to all properties occupied or unoccupied, except that
the ten (10) day notification requirement shall be waived when, in the opinion of the
regulatory authority, an eminent hazard to life and property exists.
4. The requirement of a ten (10) day official notification is met and fulfilled when the
regulatory authority has given a ten (10) day notice in writing at least one (1) time in a
year, in which case a citation may be issued without additional notice to the violator.
5. The City shall be father entitled to go upon such above properties and do or cause to be
done the work necessary to abate any public nuisance or violations existing if such
person, firm, or corporation fails or refuses to comply with the provisions of this
ordinance within the specified period following official notification.
6. If a person, firm, or corporation having supervision or control of the premises cannot be
located, or when immediate abatement is deemed necessary for health, safety or welfare
of its citizens, the City of Allen may initiate the abatement process.
7. All costs for abatement of any nuisance or violation, or any part thereof, shall be actual
costs but not less than $25.00 plus a fee of $50.00 for administrative costs in addition to
costs for mailing notices and filing of a statement with the County Clerk and interest
levied, assessed and collected against such property upon which such nuisance or
violation or any part thereof is located. If any owner of such property refuses to pay the
costs so assessed within thirty (30) days after being notified of such costs, the City shall
file with the County Clerk of Collin County, Texas, a statement of said costs. The City
of Allen, Texas shall have a privileged lien on the premises upon which work was done
or improvements were made, second only to tax liens and liens for street improvements,
to receive the costs so made and ten percent (10%) interest on the amount from the date
payment is due. For any such costs, and interest, suit may be instituted in the time of
the City of Allen, Texas, and the statement of costs, as provided previously in this
ordinance, shall be prima facie proof of the costs expended in such work.
MR
1
ENVIRONMENTAL HEALTH ORDINANCE
NO. 1569-1.98
8. The provisions of this ordinance shall be enforced by the City's Environmental Health
Inspector/Sanitarian or whomever the City Manager delegates. Notwithstanding any
provision of this section to the contrary, the Environmental Health Inspector/Sanitarian
has the authority to issue immediate citations to persons violating any provision of this
ordinance when an eminent hazard to life or property exists. It shall be unlawful for any
person to interfere with an Environmental Health Inspector/Sanitarian in the exercise of
their duties.
V.7
ENVIRONMENTAL HEALTH ORDINANCE NO. 1569-1-98
SECTION VI
ADMINISTRATION
ARTICLE 1. SCHEDULE OF FEES. See Exhibit "A" attached hereto.
ARTICLE 2. PENALTY. That any person, firm, or corporation violating any of the provisions or
terms of this ordinance shall be deemed guilty of a misdemeanor and conviction thereof shall be fined a
sum not exceeding two thousand dollars (2,000.00) for each violation and that each day such violation
shall continue to exist constitutes a separate offense.
ARTICLE 3. APPEAL
(A) If the regulatory authority denies the issuance of a permit, or suspends a permit, he shall send to
the applicant, or permit holder, by certified mail, written notice of his action and the right to
appeal. The applicant, or permit holder, may appeal the decision of the regulatory authority to
the City Manager or his designee by filling a written request for a hearing within 10 days after
receipt of the notice from the regulatory authority. If a request for an appeal hearing is not made
within the 10 -day limit, the action of the regulatory authority is final.
(B) The City Manager, or designee, shall serve as hearing officer at an appeal hearing and consider
evidence offered by any interested person. The formal rules of evidence do not apply at any
appeal hearing. The hearing officer shall make his decision on the basis of a preponderance of
the evidence presented at the hearing. The hearing officer shall render a decision within 30 days
after the request for an appeal hearing is filed. The hearing officer shall affirm, or modify the
action of the regulatory authority and his decision is final.
ARTICLE 4. CONFLICT. Whenever the contents of this ordinance conflict with existing City
ordinances, the most stringent requirement shall apply.
ARTICLE 5. SEVERABILITY. It is hereby declared to he the intention of the City Council that
the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by the
judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not
affect any other remaining section, paragraph, sentence, clause or phrase of this ordinance; and the City
Council hereby declared it would have passed the remaining portions even though it had known the
affected parts would be held unconstitutional.
ARTICLE 6. INJUNCTIVE RELIEF. In addition to and cumulative of all penalties, the City shall have
the right to seek injunctive relieve for any and all violations of this ordinance.
ARTICLE 7. DECLARING AN EMERGENCY. The fact that the present ordinances do not adequately
regulate the sanitation and protective measures of public and private buildings in the City of Allen
creates an urgency and an emergency in the preservation of health, life, and property and requires that
this ordinance shall take effect after the passage and publication of the caption of said ordinance as the
law in such cases provide.
VIA
ENVIRONhIENTAL HEALTH ORDINANCE
NO. 1569-1-98
DULY PASSED AND APPROVED by the City Council of the City of Allen, Texas, on this l Sth day
'of rnnuary .1998.
APPROVED:
APPROVED AS TO FORM:
VI.2
L --x
Stephen Terrell, MAYOR
ATTEST:
My MorrQon, CMC, CITY SECRETARY
ENVIRONMENTAL HEALTH ORDINANCE NO.1569-1-98
EXHIBIT "A"
FEESCHEDULE
1. Food Permits (Fees Should he Made Payable to City of Allen)
a. Permanent Food Establishments, Catering Services
Grocery
$300/year
Heavy food preparation
$200/year
Light food preparation
$100/year
No food preparation
$50/year
b. Temporary Food Establishment
$50/event (1-14 days)
(Non-profit agencies are fee exempt)
C. Concession Stands
$100/season (15-180 days)
d. Catering Trucks
$100/vehicle
e. Ice cream/sno cone trucks
$100/vehicle
f Itinerant Vendors
$100/vehicle
g. Food Carts
$100/year
2. Day Care
$150/year
3. Swimming Pools
$100/year
r
OWNERS NAME
EXHIBIT r'B"
�-p.PURPOSE
Regula ...: o
CITY OF ALLEN Ponowwp .: o
Coinpbim .. o
FOOD FSTABT I HMFM INSp C"IIO1V FpORT Invemgation . o
Other ... D
Based on an dmpxtt h Mrs day, the items .'roa below ectnIdentify theuch shotes m opeudoas or
faab,es which must be cortwtW by Me rltxt rouum inspection or such shover period of time as may
be specified in writing by the resulamry auNonry. Failure to comply won any time brei, for
correctioos specified in this murce may result in cessation of your Food Service operations.
PERMIT NO. PERMIT EXP. FOLLOW -UPDATE TIME
ESTABLISHMENT NAME
FOOD
01 •Source sound condomm oo n.ibre 5
FOOD PROTECTION
PERMIT STATUS
03
Curzem .....o
5
04
Expi ed .....
O
05
protea_ .....
D
Oh
Dcmcd
Suspended
.. o
�D
L
Rt.Sgtae ...
4
r
OWNERS NAME
EXHIBIT r'B"
�-p.PURPOSE
Regula ...: o
CITY OF ALLEN Ponowwp .: o
Coinpbim .. o
FOOD FSTABT I HMFM INSp C"IIO1V FpORT Invemgation . o
Other ... D
Based on an dmpxtt h Mrs day, the items .'roa below ectnIdentify theuch shotes m opeudoas or
faab,es which must be cortwtW by Me rltxt rouum inspection or such shover period of time as may
be specified in writing by the resulamry auNonry. Failure to comply won any time brei, for
correctioos specified in this murce may result in cessation of your Food Service operations.
PERMIT NO. PERMIT EXP. FOLLOW -UPDATE TIME
ESTABLISHMENT NAME
FOOD
01 •Source sound condomm oo n.ibre 5
FOOD PROTECTION
Fwd Gee) cower mreaces: destined. nommen,. mimai a ,
maulled. Inured
03
• Pmenially hauNom rood meets rempersom, nquirmunts aurin,
mop, preparation, dipb,, urvit<munipmem
5
04
• Fadlidcs b maintain mr., amperature
4
05
Ths—islaovwwaudcsaaal.um
I
Oh
Pdem411Y haerdws fwd 'openly duxes
2
0]
• U and Ir nawam rad res rexrroi
4
m
Face Proration dorm% comsp, prepamion, display. servwe.
naaaspomnon
2
09
Hadlin of k oa (ice) tmnim ea
2
10
In me food ice) dig=m utensils r rl vaned
1
PERSONNEL
M
11
•Personnel wish iWMbm nerri<ud
5
13
•Hands wmhes aW clean, Band hygieoie pewices FMC
5
13
Clan cloN<s hdr'es.t.
1
FOOD EQUIPMENT & UTENSILS
14
Fwd Gee) cower mreaces: destined. nommen,. mimai a ,
maulled. Inured
2
15
Non-food awn surfaces: deeigne , wnsom.w, m onamed
imnnm, I.W.
I
Ib
Dishwashing facilities: destined, constructed, communed, dnsWW..
Tooled, o'nued.
2
17
Accgnu meMmme ars, Naniul net limo p sm des, pup w Y (1/4'
IPS varve).
1
18
Pm-Rnossa scraped, sotew
I
19
Wash, rime.abr: clan, Proper remenlun.
2
20
• Suddnfon now: dear, tanperore, cnncMrMIW, enpomre fon-;
e9uipmva, eased, am'in'e
1
21
WiFirm claNa: clan, use wnicW.
1
22
Fi od-e mea mrtam of egdpnem and memi, clean, foe of
arrows, detergents.
2
M
Non-food comaantfacn ofesimpmMW wemit'dem
I
U
Smmp. harelip, of elm equipmmNemi,
I
25
Sin lenemi. anklet. amMe, di,psefm
I
M
No'wee of time eervke aides
2
WATER
V I•edam.'safie: hes&enHuenes' e 5
•CrRical Items Reauirioe Immediate Alteration.
SEWAGE
28 1 -Sewage and amw water disposal Ty1
PLUMBING
29 limited, Moulted 1
M • Co..... back uplma a, baddi. 5
TOILET At HANDWASHING FACILITIES
31 • Number, a medM, acoeudble, dnmoet, handles.
4
12 Toiler roans encluaes. self-closing dents, (sots, gena teau, clean,
2
hand clear. satinry wwelshusuafutddrying dents provides,
1
proper w . recepu<la.
sutra nonage area erclmum ProPerlY cwmmmW, clan; enmrolles
GARBAGE & REFUSE DISPOSAL
33
Containers or rece,m,a, covered ad quasi number see o,o,M
2
42
proof, frequency, clean
1
34
sutra nonage area erclmum ProPerlY cwmmmW, clan; enmrolles
I
44
nerauon
1
INSECT, RODENT, ANIMAL CONTROL
35 •Preaerao efimecWrods.- outer openugs prolines, no Ness, 4
am.. nMl rumb.
FLOORS. WALLS & CEILINGS
36 Flats, wmrmcre4, drained, clean, 8 ad'alarm covering tt a,:tL .
1
dm0et dnnine moods.
42
3] W,I4, cesium. amdrol equipmer: conutuerW, Bond unpin, c4m,
1
prhces, mol ce chafing maleds.
Cmnplee separation from ltvimaleping mumoss. fawdry.
LIGHTING
38 1 Liaham prevailed as required, fixema shieldes. 1
VENTILATION
39 1 Renu and egmpwn- venal u required. 1
DRESSING ROOMS
40 I Room clean, lockers provided, heilue, clary bore 1
OTHER OPERATIONS
41
•Trak it®spropWYamrW.iabeled. mW
5
42
Premise, nulmind free of fuer, unea4ery am n, clamre
memmaew Nounsem propend acted. wtlmnscd persamel.
1
43
Cmnplee separation from ltvimaleping mumoss. fawdry.
1
44
Clem. rode linen propcny noted
1
45
•Pam, sapher,
5
EXCELLENT'-
97-100
GOOD -
92-96
FAIR-
w-91
POOR -
W-84
RATING SCORE
INSPECTED BY:
RECEIVED BY:
EXHIBIT "B" CONT.
INTRODUCTION TO HACCP
EXAMPLES OF CRITICAL ITEMS FOR HACCP REVIEW
(Items listed below are for your information)
1. AUAQVFD Ot R
Any food -calved must be from an approval source and impccral if required
Foods art wholesome and nm cook rami.
Foods prepared at processed at Immo art col p -sent.
Severely dented, rusty or swollen am of food are amt present.
Ones sawed, gods are nut rt.served.
2, PROTFrnF O mIN CTOR
Store food Prominent an they a- sot subject in cunamnmtion from surroundings
or the song. comms. itself.
_ Foods art amt smrcd other exposed sewer popes.
_ No rMeMimxt iNemdnn as p-xm.
_ Foal products are stored off the floor and cuvercd.
_ Food produce arc trot scored miler raw sono allowing fur tones
cinitarouninon.
3. PROPER FR D F
_ All food sound in -frigaral— a- m he mainamW .1 40 degrees F. or less at
all times.
_ Enough rcfrigemmn and free,. arc provided.
_ Potentially haurtlous food is not left at mon, romp onom
_ Cold wills and refrigerated drawers a- covered right and mainam
-mwmures.
_ Proper icing or refrigented units arc amended on buffet or serving lines for
Potentially h uraNma foods.
4. PROPER THAWING.
_ All potenn illy baurdous It must be thawed w bac-ria caurn, muluply on
the surfau.
_ We nedinds for thawing include:
(1) Under refrigeration in keep food sempenture below all degrees F.
(2) Under cold, running water.
' (3) In a microwave oven followed immedimly by conking.
(4) As pan of the wnvenfioml causing process (from freetedcwler w hon
preparation).
5. PROPER COOKING
_ All potentially historians foods must he brought to a'ufe- inmmal
mripenmre before serving.
_ Internal conking temperature require== are:
(I) 165 degrees F. - Poultry, stuRng, dresi leftover foods shat have
been refdgenues,.
(2) 155 degrees F. - Res ansoned or ground beef.
(3) 150 degrees F. - Pork and pork products.
(4) 140 degrees F. - Ecef and other toads.
(5) 130 degrees F. - (as., don) ore mu, beef, our boned or mlled.
6. PROPER COOLING
_ All cooked foods muR be cooled rapidly in below 40 degrees F., in slow
bacterial LnnttiPIKSMI n. It is recotmmnded that hat foods be cooled to 70
degrees F. within one hour and below 40 degrees F. within 3 hours.
-Quick chin' methods m help foods cool rapidly bhchde:
(1) Food o be cooled mutt Out be deeper or thicker than 34 inches.
(2) Cool conoiner of fond Is an ice water Wth.
(3) Add ice o food o becooled. Youcan decrease the amount of liquid
a0nd for in the twine in nuke W for ice.
(4) Stir cooling food - in ice wase, or -frigenmr.
(5) Dip food directly new ice water. Food can be put in tight plastic bags for
protection.
(6) Slice or cos large pieces of meat into smaller pieces.
(7! Refrigenm or sex another -quick chill' mcshod immediately. Do wt
cool food at mom ampenmm.
(g) Put ha food in freezer for a Period of time o help rapid contig.
' (9) Cook aneller volumes of food if possible. Smaller mans will cool some
rapidly. Daily, rather don weekly, p-parariw of soups, em. will
provide a higher quality product with fewer coaling problems.
(10) Carried goads (mayonnaise, um, Wmon, ea.) and chopped fresh
vegetables can be refrigerated before being used in help meat or fish
salads cool more quickly.
7 PROPERRE-HEATING,
Leftover foods that have been refrigerated must be rapidly re -bated
to 165 degrees F. before -ruing or hot-holdim.
8. PROPER HOT -H01 DIN
All foods teat in a lon-holding umt (untenable, boinmars, soup
warmer, ea.) mus be dept above IAO degrees F.. Leftover
mfrigemal food nun be p -leased m 165 degrees FAnfure it may
drop down to the 140 degrees F. holding-mpenaurt.
Y LLL FOODHANDi eR Fz eD D-
_ IR foaAundlers must sot handle food if they are dl wnls a dwease this
is communicable through food such as:
(1) Any disease wish dianbet.
(2) Colds or flu-like diseases.
(3) Hepatins with jaundice.
(4) InfecteA coq him, lesions on hands or lower sin.
(5) Jaundice if with commm.icable disease.
10. P RSONAI HY31ENF PR CTIC D
_ 7lmrough luntlwashiag is requital after any -dnsy' procedure in
stmatiom such as out Out limited to):
(1) starting work: shift.
(2) Afar mit, soles.
(3) After handling raw food Produce.
(4) After coughing, sneezing or touching bear or but,
(5) After earmg, drinking or smoking.
(6) Afar using airy dearcn or chemicals.
Foodhandlers moat sot ear, smoke Or drink while preparing foods.
blinnnize hued contact with fwd by aing the proper utensils. If
Planar, gloves arc used, be u-PoI essay do ria gave a -false -me of
securi
Cloth rowels are not in be reused for l anmiping. Hinds or transit,
should not be wiped on aprons or club -s.
Use hair re araim when preparing fond.
IL SANIMING AND DISHWASHING
_ All food contact surfaces or equipment, dishes, uremils,aed
kiobenware cnut be property nesaed and .,m,, o protect food
from conumimrion.
_ Effective s dn%of also surfaces will Occur with the following
conditions:
(1) haneusion In 170 degree F. water for 112 mines-.
(2) Immersion in 75 degree F. water with 30 ppm available chlorine
(hYpochlorise) for l nature.
(3) Immersion in 75 degrees F. wasee with 12.5 ppm available iodine
(pH no higher than 5.0) for 1 minute.
(4) Immersion in 75 degree F. water with 20D ppm quaan a y
ammonia compounds for I mama.
(5) Immersion in other approved nnitiren for 1 mias e.
(6) Use of a nsrr8enied low mmpena"e, ehemuil demanate, tlw
provides at least 50 ppm available chlorine or 12.5 ppm available
iodine.
(7) Use of a mechaneal but water duh washer (with 15-25psi wa-r
presses- in the fiml rico) end 1245 soonest, IN degrees F. food
rime.
'Touts' o help you do your HACCP inview include: a sempcnart log for
each-frigendern sent or food as help track ampenmms, mewl-namsnd,
themtorne-n for all cooks, sandtiur test snips o check mound, of
sanumns, complex recipe directions and cheating, uhedules.