O-834-1-88ORDINANCE NO. 834-1-88
CITY OF ALLEN
ENVIRONMENTAL HEALTH ORDINANCE
ORDINANCE NO. 834-1-88
CITY OF ALLEN
ENVIRONMENTAL HEALTH ORDINANCE
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
OPERATIONS AND ADOPTION OF MINIMUM STANDARDS SET BY THE
TEXAS DEPARTMENT OF HUMAN RESOURCES; PROVIDING FOR
ENFORCEMENT; ESTABLISHING A SCHEDULE OF FEES; PROVIDING
A PENALTY OF ONE THOUSAND DOLLARS ($1,000.00) 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:
ORDINANCE NO. 834-1-88
CITY OF ALLEN
ENVIRONMENTAL HEALTH ORDINANCE
INDEX
SECTION
I
FOOD SERVICE SANITATION
1
SECTION
II
SWIMMING POOLS
54
SECTION
III
CHILD CARE CENTERS
68
SECTION
IV
FAMILY HOME CHILD CARE
72
SECTION
V
ADMINISTRATION
73
EXHIBIT
"A"
FEE SCHEDULE
75
EXHIBIT
"B"
FOOD SERVICE ESTABLISHMENT
76
INSPECTION REPORT
ORDINANCE NO. 834-1-88
TABLE OF CONTENTS
SECTION I
PAGE 2
Page
ARTICLE 1
PURPOSE . . . . . . . . . . . . . . . . . . . .
. . . 8
ARTICLE 2
DEFINITIONS . . . . . . . . . . . . . . . . . .
. . . 8
ARTICLE 3
FOOD CARE . . . . . . . . . . . . . . . . . . .
. . .11
A.
Food
Supplies . . . . . . . . . . . . . . . . . . .
. . .11
1.
General . . . . . . . . . . . . . . . . . . . .
. . .11
2.
Special requirements . . . . . . . . . . . . .
. . .11
B.
Food
Protection . . . . . . . . . . . . . . . . . .
. . .12
1.
General . . . . . . . . . . . . . . . . . . . .
. . .12
2.
Emergency occurrences . . . . . . . . . . . . .
. . .12
C.
Food
Storage . . . . . . . . . . . . . . . . . . . .
. . .12
1.
General . . . . . . . . . . . . . . . . . . . .
. . .13
2.
Refrigerated storage . . . . . . . . . . . . .
. . .13
3.
Hot storage . . . . . . . . . . . . . . . . . .
. . .14
D.
Food
Preparation . . . . . . . . . . . . . . . . . .
. . . 14
1.
General . . . . . . . . . . . . . . . . . . . .
. . .15
2.
Raw fruits and vegetables. . . . . . . . .
. . .15
3.
Cooking potentially hazardous foods. . . . . .
. . .15
4.
Dry milk and dry milk products . . . . . . . .
. . .15
5.
Liquid, frozen, dry eggs, and egg products . .
. . .15
6.
Reheating potentially hazardous foods. . . . .
. . .15
7.
Non-dairy products . . . . . . . . . . . . . .
. . .15
8.
Product temperatures . . . . . . . . . . . . .
. . .16
9.
Thawing potentially hazardous foods. . . . . .
. . .16
E.
Food
Display and Service . . . . . . . . . . . . . .
. . .16
1.
Potentially hazardous foods . . . . . . . . . .
. . .16
2.
Milk and milk dispensing . . . . . . . . . .
. .16
3.
Non-dairy product dispensing . . . . . . . .
. . .17
4.
Condiment dispensing . . . . . . . . . . . . .
. . .17
5.
Ice dispensing . . . . . . . . . . . . . . . .
. . .17
6.
Dispensing utensils . . . . . . . . . . . . . .
. . .17
7.
Reservice . . . . . . . . . . . . . . . . . . .
. . .18
8.
Display equipment . . . . . . . . . . . . . . .
. . .18
9.
Reuse of tableware . . . . . . . . . . . . . .
. . .18
F.
Food
transportation . . . . . . . . . . . . . . . .
. . .18
G.
Coding and Dating . . . . . . . . . . . . . . . . .
. . .18
ORDINANCE NO. 834-1-88
PAGE 3
ARTICLE 4 PERSONNEL . . . . . . . . . . . . .
. . . . . . . . .18
A.
Employee
health . . . . . . . . . . . .
. . . . . . . . .18
B.
Personal
cleanliness . . . . . . . . . .
. . . . . . . . .19
C.
Clothing .
. . . . . . . . . . . . . . .
. . . . . . . . .19
D.
Employee
practices . . . . . . . . . . .
. . . . . . . . .19
E.
Employer
responsibility . . . . . . . .
. . . . . . . . .20
ARTICLE 5 EQUIPMENT AND UTENSILS . . . . . . . . . . . . . . .20
A. Materials . . . . . . . . . . . . . . . . . .
. . . . . .20
1.
General . . . . . . . . . . . . . . . . .
. . . . . .20
2.
Solder . . . . . . . . . . . . . . . . .
. . . . . .20
3.
Wood . . . . . . . . . . . . . . . . . .
. . . . . . 20
4.
Plastics and rubber . . . . . . . . . . .
. . . . . .20
5.
Mollusk and crustacea shells . . . . . .
. . . . . .20
6.
Single -service . . . . . . . . . . . . .
. . . . . .21
B. Design and Fabrication . . . . . . . . . . . .
. . . . . .21
1.
General.. . . . . . . . . . . . . .
. . . . . .21
2.
Accessibility . . . . . . . . . . . . . .
. . . . . .21
3.
In-place cleaning . . . . . . . . . . . .
. . . . . .22
4.
Pressure -spray -cleaning . . . . . . . . .
. . . . . .22
5.
Thermometers . . . . . . . . . . . . . .
. . . . . .22
6.
Non-food contact surfaces . . . . . . . .
. . . . . .22
7.
Ventilation hoods . . . . . . . . . . . .
. . . . . .22
8.
Existing equipment . . . . . . . . . . .
. . . . . .22
C. Equipment Installation and Location . . . . .
. . . . . .23
1.
General . . . . . . . . . . . . . . . . .
. . . . . .23
2.
Table -mounted equipment . . . . . . . . .
. . . . . .23
3.
Floor -mounted equipment . . . . . . . . .
. . . . . .23
4.
Aisles and work spaces . . . . . . . . .
. . . . . .24
ARTICLE 6 CLEANING, SANITIZATION AND STORAGE OF
EQUIPMENT AND UTENSILS . . . . . . . . . . . . . . . . . . . .24
A. Equipment and Utensil Cleaning and Sanitization . . . . .24
1. Cleaning frequency . . . . . . . . . . . . . . . . .24
2. Wiping cloths . . . . . . . . . . . . . . . . . . . .25
3. Manual cleaning and sanitizing . . . . . . . . . . .25
4. Mechanical cleaning and sanitizing . . . . . . . . .28
5. Drying . . . . . . . . . . . . . . . . . . . . . . .30
ORDINANCE NO. 834-1-88
PAGE 4
B. Equipment and Utensil Storage . . . . . . . . . . . . . .30
1. Handling . . . . . . . . . . . . . . . . . . . . . .30
2. Knives . . . . . . . . . . . . . . . . . . . . . . .31
3. Storage . . . . . . . . . . . . . . . . . . . . 31
4. Single service articles . . . . . . . . . . . . . . .31
5. Prohibited storage area . . . . . . . . . . . . . . .32
ARTICLE 7 SANITARY FACILITIES AND CONTROL. . . . . . . . . . .32
A.
Water Supply . . . . . . . . . . . . . . . . .
. . . . . .32
1. General . . . . . . . . . . . . . . . . .
. . . . . . 32
2. Transportation . . . . . . . . . . . . .
. . . . . .32
3. Bottled water . . . . . . . . . . . . . .
. . . . . .32
4. Water under pressure . . . . . . . . . .
. . . . . .32
5. Steam . . . . . . . . . . . . . . . . . .
. . . . . .32
B.
Sewage . . . . . . . . . . . . . . . . . . . .
. . . . . . 32
C.
Plumbing . . . . . . . . . . . . . . . . . . .
. . . . . .33
1. General . . . . . . . . . . . . . . . . .
. . . . . . 33
2. Nonpotable water system . . . . . . . . .
. . . . . .33
3. Backflow . . . . . . . . . . . . . . . .
. . . . . . 33
4. Grease traps .. . . .
. . . . . .33
5. Garbage grinders/disposal units. . . . .
. . . . . .33
6. Drains . . . . . . . . . . . . . . . . .
. . . . . .34
D.
Toilet Facilities . . . . . . . . . . . . . .
. . . . . .34
1. Toilet installation . . . . . . . . . . .
. . . . . .34
2. Toilet design . . . . . . . . . . . . . . .
. . . . .34
3. Toilet rooms . . . . . . . . . . . . . . .
. . . . .34
4. Toilet fixtures . . . . . . . . . . . . . .
. . . . .34
E.
Lavatory Facilities . . . . . . . . . . . . . .
. . . . .34
1. Lavatory installation . . . . . . . . . . .
. . . . .34
2. Lavatory faucets . . . . . . . . . . . . .
. . . . . 34
3. Lavatory supplies . . . . . . . . . . . . .
. . . . .35
4. Lavatory maintenance . . . . . . . . . . .
. . . . .35
F.
Garbage and Refuse . . . . . . . . . . . . . . .
. . . . .35
1. Containers . . . . . . . . . . . . . . . .
. . . . .35
2. Storage . . . . . . . . . . . . . . . . . .
. . . . .36
3. Disposal . . . . . . . . . . . . . . . . .
. . . . .36
G.
Insect and Rodent Control . . . . . . . . . . .
. . . . .37
1. General . . . . . . . . . . . . . . . . . .
. . . . .37
2. Openings . . . . . . . . . . . . . . . . .
. . . . .37
3. Licensed Exterminators . . . . . . . . . .
. . . . .37
ORDINANCE NO. 834-1-88
PAGE 5
ARTICLE 8 CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES.37
A. Floors . . . . . . . . . . . . . . . . . . . . . . . . . .37
B.
Walls and Ceiling . . . . . . . . . . . . .
. . . . . . .38
C.
Cleaning Physical Facilities . . . . . . . .
. . . . . . .39
D.
Lighting . . . . . . . . . . . . . . . . . .
. . . . . . .39
E.
Ventilation . . . . . . . . . . . . . . . .
. . . . . . .40
1. General . . . . . . . . . . . . . . . .
. . . . . . .40
2. Special Ventilation . . . . . . . . . .
. . . . . . .40
F.
Dressing Rooms and Locker Areas . . . . . .
. . . . . . .40
1. Dressing rooms . . . . . . . . . . . .
. . . . . . .40
2. Locker areas . . . . . . . . . . . . .
. . . . . . .41
G.
Poisonous or Toxic Materials . ... . . . . .
. . . . . . .41
1. Materials permitted . . . . . . . . . .
. . . . . . .41
2. Labeling of materials., . . . . . . . .
. . . . . . .41
3. Storage of materials . . . . . . . . .
. . . . . . .41
4. Use of materials . . . . . . . . . . .
. . . . . . .41
5. Personal medications . . . . . . . . .
. . . . . . .42
6. First aid supplies . . . . . . . . . .
. . . . . . .42
H.
Premises . . . . . . . . . . . . . . . . . .
. . . . . . .42
1. General . . . . . . . . . . . . . . . .
. . . . . . .42
2. Living areas . . . . . . . . . . .
. . . . . . .42
3. Laundry facilities . . . . . . . . . .
. . . . . . .43
4. Linens and clothes storage . . . . . .
. . . . . . .43
5. Cleaning equipment storage . . . . . .
. . . . . . .43
6. Animals . . . . . . . . . . . . . . . .
. . . . . . . 43
SECTION 9 NON -CONFORMING USE . . . . . . . . . . . . . . . . .43
SECTION 10 MOBILE FOOD UNITS . . . . . . . . . . . . . . . . .44
A. Mobile Food Service . . . . . . . . . . . . . . . . . . .44
1. General . . . . . . . . . . . . . . . . . . . . . . .44
2. Restricted operation . . . . . . . . . . . . . . . .44
3. Single -service articles . . . . . . . . . . . . . . .44
4. Water system . . . . . . . . . . . . . . . . . . . .44
5. Waste retention . . . . . . . . . . . . . . . . . . .45
B. Commissary . . . . . . . . . . . . . . . . . . . . . . . .45
1. Base of operations . . . . . . . . . . . . . . . . .45
2. Servicing area . . . . . . . . . . . . . . . . . . .45
3. Servicing operations . . . . . . . . . . . . . . . .45
ORDINANCE NO. 834-1-88
PAGE '6
C.
Mobile Operations Permit . . . . . . . . . . . .
. . . . .46
1. Permit . . . . . . . . . . . . . . . . . .
. . . . .46
2. Permit fee . . . . . . . . . . . . . . . .
. . . . .46
ARTICLE 11 TEMPORARY FOOD SERVICE ESTABLISHMENT. . .
. . . . .46
A.
General . . . . . . . . . . . . . . . . . . . .
. . . . .46
B.
Restricted operations . . . . . . . . . . . . .
. . . . .46
C.
Ice . . . . . . . . . . . . . . . . . . . . . .
. . . . .47
D.
Equipment . . . . . . . . . . . . . . . . . . .
. . . . .47
E.
Single service articles . . . . . . . . . . . .
. . . . .47
F.
Water . . . . . . . . . . . . . . . . . . . . .
. . . . .47
G.
Wet storage . . . . . . . . . . . . . . . . . .
. . . . .47
H.
Waste . . . . . . . . . . . . . . . . . . . . .
. . . . .47
I.
Handwashing . . . . . . . . . . . . . . . . . . .
. . . .48
J.
Floors . . . . . . . . . . . . . . . . . . . . . .
. . . .48
K.
Walls and ceiling . . . . . . . . . . . . . . . .
. . . .48
ARTICLE 12 FOOD SERVICE PERMITS . . . . . . . . . . .
. . . .48
A.
Permits . . . . . . . . . . . . . . . . . . . . .
. . . .48
1. General . . . . . . . . . . . . . . . . . . .
. . . .48
2. Issuance of permit . . . . . . . . . . . . .
. . . .48
3. Suspension of permit . . . . . . . . . . . .
. . . .49
4. Revocation of permit . . . . . . . . . . . .
. . . .50
B.
Notices . . . . . . . . . . . . . . . . . . . . .
. . . .50
1. Service of notices . . . . . . . . . . . . .
. . . .50
2. Hearing . . . . . . . . . . . . . . . . . . .
. . . .50
3. Permit refunding . . . . . . . . . . . . . .
. . . .51
4. Application after revocation . . . . . . . .
. . . .51
ARTICLE 13 INSPECTIONS . . . . . . . . . . . . . . . .
. . . .51
A.
Access . . . . . . . . . . . . . . . . . . . . . .
. . . .51
B.
Inspection frequency . . . . . . . . . . . . . . .
. . . .51
C.
Report of inspection . . . . . . . . . . . . . . .
. . . .51
ORDINANCE NO. 834-1-88
PAGE 7
D. Correction of violations . . . . . . . . . . . . . . . . .51
E. Examination and condemnation of food. . . . . . . . . . .52
F. Procedure when infection is suspected . . . . . . . . . .52
G. Review of plans . . . . . . . . . . . . . . . . . . . . .53
ORDINANCE NO. 834-1-88
SECTION I
PAGE 8
PURPOSE: RULES AND REGULATIONS ON FOOD SERVICE
SANITATION; PROVIDING FOR PURPOSE, DEFINITIONS, FOOD
CARE, FOOD PROTECTION, FOOD STORAGE, PERSONNEL,
EQUIPMENT AND UTENSIL CLEANING, SANITIZATION AND
STORAGE, SANITARY FACILITIES AND CONTROLS, CONSTRUCTION
AND MAINTENANCE OF PHYSICAL FACILITIES, MOBILE FOOD
UNITS, TEMPORARY FOOD SERVICE ESTABLISHMENTS, REQUIRING
PERMITS FOR THE OPERATIONS OF FOOD SERVICE ESTABLISH-
MENTS, AND REGULATING THE INSPECTION OF SUCH ESTAB-
LISHMENTS.
ARTICLE 1: Purpose. The function of these rules is to protect
the public health by establishing uniform requirements for food
service and food processing operations.
ARTICLE 2: Definitions. For the purpose of these rules:
(A) "Commissary" means a catering establishment, restaurant, or
any other place in which food, containers, or supplies are
kept, handled, prepared, packaged or stored.
(B) "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 environment.
(C) "Easily cleanable" means that surfaces are readily acces-
sible and made of such materials and finish and so
fabricated that residue may be effectively removed by normal
cleaning methods.
(D) "Employee" means individuals having supervisory or manage-
ment duties and any other person working in a food service
establishment.
(E) "Equipment" means stoves, ovens, ranges, hoods, slicers,
mixers, meatblocks, tables, counters, refrigerators, sinks,
dishwashing machines, steam tables, and similar items other
than utensils, used in the operation of a food service
establishment.
(F) "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.
(G) "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.
ORDINANCE NO. 834-1-88
(H) Food establishments
PAGE 9
(1) "Food processing establishment" means a commercial
establishment in which food is manufactured or packaged
for human consumption. Also included are food storage
and distribution warehouses. 01
(2) "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 is on or off
the premises and regardless of whether there is a
charge for the food. The term includes delicatessen -
type operations that prepare sandwiches intended for
individual portion service. The term also includes
retail food/grocery stores, commissaries, schools,
hospitals, nursing homes, childcare centers, fruit
stands, vending trucks, vending machines, industrial
feeding establishment, concession stands, catering
service or public or nonprofit organization or
institution selling food. The term does not include
private homes where food is prepared or served for
individual family consumption.
(I) "Hermetically sealed container" means a container designed
and intended to be secure against the entry of micro-
organisms and to maintain the commercial sterility of its
content after processing.
(J) "Kitchenware" means all multi -use utensils other than
tableware.
(K) "Law" includes Federal, State and local statutes, ord-
inances and regulations.
(L) "Mobile food Unit" means a vehicle -mounted food service
establishment designed to be readily movable.
(M) "Packaged" means bottled, canned or cartoned or securely
wrapped.
(N) "Person in charge" means the individual present in a food
service establishment who is the 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.
(0) "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 other
ORDINANCE NO. 834-1-88
PAGE 10
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 shell eggs or
foods which have a pH level of 4.5 or below or a water
activity (Aw) value of 0.85 or less.
(P) "Reconstituted" means recombining dehydrated food products
with water or other liquids.
(Q) "Regulatory authority" means the local health enforcement
authority or authorities in the City of Allen having
jurisdiction over the food service establishment..
(R) "Safe materials" means articles manufactured from or
composed of materials that may not reasonably be expected to
result, directly or indirectly, in their becoming a
component or otherwise affecting the characteristics of any
food. If materials are food additives or color additives as
defined in Section 201(s) or (t) of the Federal Food, Drug
and Cosmetic Act as used, they are "safe" only if they are
used in conformity with regulations established pursuant to
Section 409 or Section 706 of the Act. Other materials are
"safe" only if they are not food additives or color
additives as defined in Section 201(s) or (t) of the
Federal Food, Drug and Cosmetic Act, as used.
(S) "Sanitization" means effective bactericidal treatment by a
process that provides enough accumulative heat or concentra-
tion of chemicals for enough time to reduce the bacterial
count, including pathogens, to a safe level on utensils and
equipment.
(T) "Sealed" means free of cracks or other openings that permit
the entry or passage of moisture.
(U) "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.
(V) "Tableware" shall mean all multi -use eating and drinking
utensils including flatware (knives, forks and spoons).
(W) "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 in conjunction
with a single event or celebration.
(X) "Utensil" means any implement used in the storage, prepara-
tion, transportation or service of food.
ORDINANCE NO. 834-1-88
(Y) Vending Machine means any
dispenses a serving of food in
the necessity of replenishing
operation.
ARTICLE 3: Food Care
(A) Food Supplies
PAGE 11
self-service device which
bulk or in packages, without
the unit between each vending
(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 premade sandwiches
and other premade 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
(a) All milk and milk products to include dry milk
sold in the City of Allen shall be pasteurized.
(b) Fresh and frozen shucked
or mussels) shall be
packages identified with
the original shell stock
or repacker, and the
number issued according
shucked shellfish shall
in which they were recei
Each container of unshuc
clams, or mussels) sha
attached tag that states
the original shell stock
quantity of shell sto
certification number i
sshellfish (oysters, clams
packed in nonreturnable
the name and address of
processor, shucker-packer
interstate certification
to law. Shell stock and
be kept in the container
ved until they are used.
ked shell stock (oysters,
11 be identified by an
the name and address of
processor, the kind and
ck, and an interstate
sued by the State or
foreign shellfish control agency.
(c) Only clean whole eggs,
without cracks or checks
frozen, or dry eggs
products shall be used,
peeled eggs, commerciall
may be used.
with shell intact and
or pasteurized "liquid,
or pasteurized dry egg
except that hard boiled,
y prepared and packaged,
ORDINANCE NO. 834-1-88
(B) Food Protection
PAGE 12
(1) General. At all times, including while being stored,
prepared, displayed, served, or transported, food shall
be protected from potential contamination, including
dust, insects, rodents, unclean equipment and utensils,
moneyladen hands, unnecessary handling, coughs and
sneezes, flooding, drainage and overhead drippage from
condensation. The internal temperature of potentially
hazardous food shall be 45°F. (7°"C.) or below 140°F.
or (60°C.) or above at all times, except as otherwise
provided in these rules.
(2) Emergency Occurrences. In the event of an occurrence,
such as a fire, flood, power outage 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 contact the regulatory
authority. Upon receiving notice of this occurrence,
the regulatory authority shall take whatever 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 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 in the manner that
protects the food from splash and other contamina-
tion, and that permits easy cleaning of the
storage area, except that:
1) Metal pressurized beverage containers, and
cased food packaged in cans, glass or other
waterproof containers shall be stored in a
manner to allow easy cleaning; and
ORDINANCE NO. 834-1-88
PAGE 13
2) Containers may be stored on dollies, or
racks, provided such equipment is easily
moveable.
3) Bulk food products in food storage and
warehouse facilities may be stored on
pallets.
(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
rooms or vestibules is prohibited.
(d) Food not subject to further washing or cooking
before serving shall be stored in a way that
protects it against cross -contamination from food
requiring washing or cooking.
(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, bulk food
such as cooking oil, syrup, salt, sugar or flour
not stored in the product container or package in
which it was obtained, shall be stored in a
container identifying the food by common name.
(2) Refrigerated Storage
(a) Conveniently located refrigeration facilities or
effectively insulated facilities shall be provided
to assure the maintenance of all potentially
hazardous food at required temperatures during
storage. Each mechanically refrigerated facility
storing potentially hazardous food shall be
provided with a numerically scaled indicating
thermometer, accurate to ±3°F. (±1.70C.), located
to measure the air temperature in the warmest part
of the facility and located to be easily readable.
Recording thermometers, accurate to ±3°F.
(±1.70F.), may be used in lieu of indicating
thermometers.
(b) Potentially hazardous food requiring refrigeration
after preparation shall be rapidly cooled to an
internal temperature of 45°F. (70C.) or below.
Potentially hazardous foods of large volume or
prepared in large quantities shall be rapidly
cooled utilizing such methods as shallow pans,
I
ORDINANCE NO. 834-1-88
PAGE 14
agitation, quick chilling or water circulation
external to the food container so that the cooling
period shall not exceed four (4) hours. Poten-
tially hazardous food to be transported shall be
prechilled and held at a temperature of 45°F.
(70C.) or below 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. (-180C.) or below.
(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.
(3) Hot Storage
(a) Conveniently located hot food storage facilities
shall be provided to assure the maintenance of
food at the required temperature during storage.
Each hot food facility storing potentially
hazardous food shall be provided with a numeri-
cally scaled indicating thermometer, accurate to
±3°F. (±1.70C.), located to measure the air
temperature in the coolest part of the facility
and located to be easily readable. Recording
thermometers accurate to ±3°F. ±1.7°C.) may be
used in lieu of indicating thermometers. Where it
is impractical to install thermometers on
equipment such as bainmaries, steam tables, steam
kettles, heat lamps, 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 be 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. (60°C.) or above unless maintained in
accordance with paragraph (2) (b) of subsection
(C) of this rule.
(D) Food Preparation
ORDINANCE NO. 834-1-88 PAGE 15
(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, disposable gloves shall be
used.
(2) Raw Fruits and Raw Vegetables. Raw fruits and raw
vegetables shall be thoroughly washed with potable
water before being cooked or served.
(3) Cooking Potentially Hazardous Foods. Potentially
hazardous foods requiring cooking shall be cooked to
heat all parts of the food to a temperature of at least
140°F. (600C.), 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.)
with no interruption of the cooking process.
(b) Pork and any food containing pork shall be cooked
to heat all parts of the food to at least 150°F.
(66°C.).
(c) Rare roast beef shall be cooked to an internal
temperature of at least 130°F. (540C.), unless
otherwise ordered by the immediate consumer.
(4) Dry Milk and Dry Milk Products. Reconstituted dry milk
and dry milk products may be used in instant desserts
and whipped products, or for cooking and baking
purposes.
(5) Liquid, Frozen, Dry Eggs and Egg Products. Liquid,
frozen, dry eggs and egg products shall be used only
for cooking and baking purposes.
(6) Reheating. Potentially hazardous foods that have been
cooked and then refrigerated, shall be reheated rapidly
to 165°F. (740C.) or higher throughout before being
served or before being placed in a hot food storage
facility. The establishment shall utilize stoves,
ovens, microwave ovens, and high heat pressure„steamers
for rapid reheating. Steam tables, bainmaries,
warmers, and similar hot food holding facilities are
prohibited for the rapid reheating of potentially
hazardous foods.
(7) Nondairy Products. Nondairy creaming, whitening, or
whipping agents may be reconstituted on the premises
ORDINANCE NO. 834-1-88 PAGE 16
only when they will be stored in sanitized, covered
containers not exceeding one gallon in capacity and
cooled to 45°F. (7°C.) or below within four hours after
preparation.
(8) Product Thermometers. Metal stem -type numerically
scaled indicating thermometers, accurate to ±2°F.
(±1.1°C.), shall be provided and used to assure the
attainment and maintenance of proper internal cooking,
holding, or refrigeration temperatures of all poten-
tially hazardous foods.
(9) Thawing Hazardous Foods. Potentially hazardous foods
shall be thawed:
(a) In refrigerated units at a temperature not to
exceed 45°F. (7°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 conventional cooking
facilities as part of a continuous cooking process
or 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 45°F.
(7°C.) or below or at an internal temperature of 140°F.
(601C.) or above during display and service, except
that rare roast beef shall be held for service at a
temperature of at least 130°F. (540C.)
(2) Milk and Cream Dispensing
(a) 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
ORDINANCE NO. 834-1-88
PAGE 17
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 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.
(3) 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.
(4) Condiment Dispensing.
(a) Condiments, seasonings and dressings for self-
service use shall be provided in individual
packages, from dispensers, or from containers
protected in accordance with paragraph (8) of
subsection (E) of this rule.
(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 pour -type dispenser. Sugar
for consumer usage shall be provided in individual
packages or in pour -type dispensers.
(5) Ice Dispensing. Ice for consumer use shall be
dispensed only by employees with scoops, tongs, or
other ice -self -dispensing utensils or through automatic
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 of at least 2 inches to the sewer.
Automatic service units shall be used for self-service.
(6) 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:
ORDINANCE NO. 834-1-88 PAGE 18
(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; 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.
(7) Reservice. 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.
(8) 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 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.
(9) 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.
(F) 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 contamina-
tion. 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.
(G) Coding and Dating. Coding and dating of food shall be
monitored by the regulatory authority to insure the dates
are being utilized properly by the food industry.
ARTICLE 4. PERSONNEL
(A) Employee Health. No person, while infected with a com-
municable disease that can be transmitted by foods or who is
a carrier of organisms that cause such a disease or while
ORDINANCE NO. 834-1-88 PAGE 19
afflicted with a boil, an infected wound, or an acute
respiratory infection, or exhibits 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.
(B) Personal Cleanliness. Employees shall thoroughly wash their
hands and the exposed portions of their arms with soap and
warm water before starting work, during work as often as is
necessary to keep them clean, and after smoking, eating,
drinking or using the toilet. Signs shall be posted to this
effect. Employees shall keep their fingernails clean and
trimmed.
(C) Clothing
(1) The outer clothing of all employees shall be -clean and
changed daily. Aprons shall be made available and
worn.
(2) Employees shall use effective hair restraints to
prevent the contamination of food or food -contact
surfaces.
(3) Employees shall remove all insecure jewelry, and during
periods when food is manipulated by hand, remove from
hands any jewelry that cannot be adequately sanitized.
Plain wedding rings are acceptable.
(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 east in the customer dining area.
(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 prepara-
tion 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 hands.
(4) Employees shall maintain a high degree of personal
cleanliness and shall conform to good hygienic
ORDINANCE NO. 834-1-88
practices during all
service establishment.
(E) Employer Responsibility
PAGE 20
working periods in the food
(1) It shall be the responsibility of the owner/management
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.
(2) Management shall be responsible for employee health
compliance and cleanliness practices to the point of
insuring these rules are completely understood.
ARTICLE 5. EQUIPMENT AND UTENSILS
(A) Materials
(1) General. Multi -use equipment and utensils shall be
constructed and repaired with safe materials, including
finishing materials; shall be corrosion resistant and
nonabsorbent; and shall be smooth, easily cleanable and
under conditions of normal use. Single -service
articles shall be made from clean, sanitary, safe
materials. Equipment, utensils and single -service
articles shall not impart odors, color or taste, nor
contribute to the contamination of food. "
(2) Solder. If solder is used, it shall be composed of
safe materials and be corrosion resistant.
(3) Wood. Hard maple or equivalently nonabsorbent material
that meets the general requirements set forth in
paragraph (1) of subsection (A) of this rule, may be
used for cutting blocks, cutting boards, salad bowls
and baker's tables. Wood may be used for single -
service articles, such as chop sticks, stirrers, or ice
cream spoons. The use of wood as a food -contact
surface under other circumstances is prohibited.
(4) Plastics and Rubber. Safe plastic or safe rubber or
safe rubber -like 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 set forth in
paragraph (1) of subsection (A) of this rule, may be
reused.
(5) Mollusk and Crustacea Shells. Mollusk and crustacea
shells may be used only once as a serving container.
ORDINANCE NO. 834-1-88
PAGE 21
Further reuse of such shells for food service is
prohibited.
(6) Single -Service. Reuse of single -service articles is
prohibited.
(B) Design and Fabrication
(1) 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.
(a) All food -contact surfaces shall be of stainless
steel construction, including shelving of walk-in
refrigerators and freezers, except where exposed
to extreme heat such as grills, griddle tops and
skillets.
(b) Walk-in units shall be flush with the ceiling and
sealed.
(c) Equipment containing bearings and gears requiring
unsafe lubricants shall be designed and con-
structed 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.
(d) 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 (condensati6n) from
entering the ice machine or the ice storage bin,
and is kept clean. Drainage or drainage tubes
from dispensing units shall not pass through the
ice machine or the ice storage bin. Such drainage
must be routed directly to a floor drain.
(e) Sinks and drain boards shall be self -draining.
(2) Accessibility. Unless designed for in-place cleaning,
food -contact surfaces shall be accessible for cleaning
and inspection:
(a) Without being disassembled; or
(b) By disassembling without the use of tools; or
ORDINANCE NO. 834-1-88 PAGE 22
(c) 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.
(3) In -Place Cleaning. Equipment intended for in-place
cleaning shall be so designed and fabricated that:
(a) Cleaning and sanitizing solutions can be circu-
lated throughout a fixed system using an effective
cleaning and sanitizing procedure; and
(b) Cleaning and sanitizing solutions will contact all
interior and exterior food -contact surfaces; and
(c) The system is self -draining or capable of being
completely evacuated.
(4) 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.
(5) Thermometers. Indicating thermometers required for
immersion into food or cooking media shall be'of metal
stem -type construction, numerically scaled, and
accurate to ±2°F. (±1.10C.).
(6) Nonfood -Contact Surfaces. Surfaces of equipment not
intended for contact with food, but which are exposed
to splash of food debris or which otherwise require
frequent cleaning, shall be designed and fabricated to
be smooth, 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.
(7) Ventilation Hoods. Ventilation hoods and devices shall
be designed to prevent grease or condensation from
collecting on walls and ceilings, and from dripping
into food or onto food and nonfood -contact surfaces.
Filters or other grease extracting equipment shall be
readily removable for cleaning and replacement if not
designed to be cleaned in place. Ventilation hoods
shall be of stainless steel construction, flush with
the ceiling and sealed. Splash areas on wall or walls
between cooking surface and vent -a -hood equipment
shall be of stainless steel.
(8) Existing Equipment. Equipment which was installed in a
food service and food processing establishment prior to
the effective date of these rules, and which does not
ORDINANCE NO. 834-1-88
PAGE 23
meet fully all of the design and fabrication require-
ments 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 nontoxic 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.
(9) All existing equipment shall meet the design and
fabrication requirements of these rules no later than
June 30, 1989.
(C) Equipment Installation and Location.
(1) 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 lines or water lines, open
stairwells, or other sources of contamination. This
requirement does not apply to automatic fire protection
sprinkler heads that may be required by law.
(2) Table Mounted Equipment
(a) 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 inch clearance between the table or counter
and equipment and shall be installed to facilitate
the cleaning of the equipment and adjacent areas.
(b) Equipment is portable within the meaning of
paragraph (2) of subsection (C) of this rule if:
1) It is small and light enough to be moved
easily by one person; and
2) It has no utility connection, or has a
utility connection that disconnects quickly,
or has a flexible utility connection line of
sufficient length to permit the equipment to
be moved for easy cleaning.
(3) Floor -mounted Equipment
(a) Floor -mounted equipment, unless readily movable,
shall be:
1) Sealed to the floor; or
ORDINANCE NO. 834-1-88
PAGE 24
2) Installed on a raised platform of tile or
other smooth masonry in a way that meets all
the requirements for sealing or floor
clearance; or
3) Elevated on legs to provide at least a six-
inch clearance between the floor and
equipment, equipment and wall, and between
equipment, except that vertically mounted
floor mixers may be elevated to provide at
least a four -inch clearance between the floor
and equipment if no part of the floor under
the mixer is more than six inches from
cleaning access.
(b) Equipment is easily movable if:
1) It is mounted on wheels or casters; and
2) It has utility connection that disconnects
quickly, or has a flexible utility line of
sufficient length to permit the equipment to
be moved for easy cleaning.
(c) Unless sufficient space is provided for easy
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.
(4) 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 or personal contact. All easily movable
storage equipment such as racks and dollies shall be
positioned to provide accessibility to working areas.
ARTICLE 6. 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.
ORDINANCE NO. 834-1-88
PAGE 25
(b) To prevent cross -contamination, kitchenware and
food -contact surfaces of equipment shall be
washed, rinsed and sanitized after each use and
following any interruption of operations.
(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, type of food and amount of
food particle accumulation.
(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.
(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 7) of subsection (A) of this rule,
and used for no other purpose. These cloths shall
be stored in the sanitizing solution between uses.
(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 rule, and used for no other purpose.
These cloths shall be stored in the sanitizing
solution between uses.
(3) Manual Cleaning and Sanitizing
ORDINANCE NO. 834-1-88
PAGE 26
(a) A three (3) compartment sink shall be used if
washing, rinsing and sanitizing of utensils and
equipment is done manually. Existing establish-
ments not having a three (3) compartment sink that
can demonstrate an acceptable procedure for
washing, rinsing and sanitizing utensils and
equipment may be exempt from this requirement only
by the regulatory authority. 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. A two (2) compartment sink will be
acceptable where only single -service tableware is
used. 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 dispensing
injectors for detergent and sanitizer.
(b) Sloped drain boards or easily movable dish -tables
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) Equipment and utensils shall be preflushed or
prescraped and, when necessary, presoaked to
remove gross food particles and soil to insure
that manual or automatic dishwashing results in
completely clean and sanitary utensils.
(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
2) Equipment and utensils shall be thoroughly
washed in the first compartment with a hot
detergent solution that is changed frequent-
ly.
3) Equipment and utensils shall be rinsed free
of detergent and abrasives with clean water
in the second compartment; and
4) Equipment and utensils shall be sanitized in
the third compartment according to one of the
ORDINANCE NO. 834-1-88
PAGE 27
methods included in paragraphs (3) (e) (1
through 5) of subsection (A) of this rule.
(e) The food contact surfaces of all equipment and
utensils shall be sanitized by:
1) Immersion for at least one-half (1/2) minute
in clean, hot water at a temperature of at
least 170°F. (77°C.); 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 (1) 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 strength and for a period of
time as stated on the product's officially
approved label. Quaternary ammonium
compounds refers to products approved and
registered with the U.S. Environmental
Protection Agency; 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 hypochlor-
ite at a temperature of at least 75°F.
(240C.) for one (1) minute.
(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 maintain-
ing the water at a temperature of at least
170°F. (77°C.); and
2) A numerically scaled indicating thermometer,
accurate to ±3°F. (±1.70C.), convenient to
ORDINANCE NO. 834-1-88
PAGE 28
the sink for frequent checks of water
temperature; and
3) Dish baskets of such size and design to
permit complete immersion of the tableware,
kitchenware 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 of the
solution shall be provided and used.
(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 ±3°F.
(±1.70C.), shall be provided to indicate the
temperature of the water in each 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 in accordance with
manufacturers' specifications attached to the
machines.
ORDINANCE NO. 834-1-88
PAGE 29
(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 for the storage of soiled utensils or
the use of easily movable dish tables for the
storage of clean utensils following sanitization.
(f) Equipment and utensils shall be flushed or scraped
and, when necessary, soaked to remove gross food
particles and soil prior to being washed in a
dishwashing machine unless a prewash cycle is a
part of the dishwashing machine operation.
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 un-
obstructed 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. (40°C.); 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' specifica-
tions for time and concentration; and
5) The chemical sanitizing rinse water tempera-
ture shall be not less than 75°F. (24°C.) nor
less than the temperature specified by the
machine's manufacturer; and
6) Chemical sanitizers used shall be approved
and a test kit or other device that accurate-
ly measure the parts per million concentra-
tion of the solution shall be available and
used.
ORDINANCE NO. 834-1-88 • PAGE 30
(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 -tempera-
ture machine: wash temperature" - 150°F.
(66°C.); final rinse temperature - 180°F.
(82°C.)
2) Single -tank, stationary -rack, single -
temperature machine: wash temperature -
165°F. (74°C.); final rinse temperature -
165°F. (740C.).
3) Single -tank, conveyor machine: wash
temperature - 160°F. (71°C.); final rinse
temperature - 180°F. (820C.).
4) Multi -tank, conveyor machine: wash tempera-
ture 150°F. (660C.); pumped rinse temperature
- 160°F. (710C.); final rinse temperature -
180°F. (820C.).
5) Single -tank, pot, pan and utensil washer
(either stationary or moving -rack): wash
temperature - 140°F. (600C.); final rinse
temperature - 180°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.
(5) Drying. After sanitization, all equipment and utensils
shall be air dried. The use of towels is prohibited.
(6) Food service establishments which do not have adequate
and effective facilities for cleaning and sanitizing
utensils shall use single service articles.
(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.
ORDINANCE NO. 834-1-88 PAGE 31
(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 contamina-
tion. 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 prewrapped, 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
after any place at a table or counter is occupied.
(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.
ORDINANCE NO. 834-1-88
PAGE 32
(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 prewrapped or prepackaged, holders
shall be provided to protect these items from
contamination, and present the handle of the
utensil to the consumer.
(5) Prohibited Storage Area. The storage of food equip-
ment, utensils or single -service articles in toilet
rooms, boiler rooms or vestibules is prohibited.
ARTICLE 7. SANITARY FACILITIES AND CONTROLS
(A) Water Supply
(1) General. Adequate potable water for the needs of the
food service establishment shall be provided from a
source constructed and operated according to law.
(2) Transportation. All potable water not provided direct-
ly 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.
(3) Bottled Water. Bottled and packaged potable water
shall be obtained from a source that complies with all
laws and shall be handled and stored in a way that
protects it from contamination. Bottled and packaged
potable water shall be dispensed from the original
container.
(4) Water Under Pressure. Water (hot and cold) under
pressure at the required temperatures shall be provided
to all fixtures and equipment that use water.
(5) Steam. Steam used in contact with food or food -contact
surfaces shall be free from any harmful materials or
additives.
(B) 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.
Nonwater carried sewage disposal facilities are prohibited,
except as permitted by Section 10 (pertaining to temporary
food service establishments) or as permitted by the
regulatory authority in remote areas or because of special
situations. In the event of sewage backup into the food
ORDINANCE NO. 834-1-88
PAGE 33
service facility, the preparation and serving of food shall
cease.
(C) Plumbing.
(1) General. Plumbing shall be sized, installed and
maintained according to law. There shall be no cross -
connection between the potable water supply and any
nonpotable or questionable water supply nor any source
of pollution through which the potable water supply
might become contaminated.
(2) Nonpotable Water System. A nonpotable 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 nonpotable water does not
contact, directly or indirectly, food, potable water,
and equipment that contacts food or utensils. The
piping of any nonpotable water system shall be durably
identified so that it is readily distinguishable from
piping that carries potable water.
(3) 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. Grease traps are required and shall be
of size designated and located in accordance with the
specifications of the Uniform Plumbing Code. Food
service establishments, with seating capacity of 50 or
more, are required to have a minimum 750 lb. capacity
grease trap unless otherwise allowed by the regulatory
authority. Grease traps shall be located on the
outside of the building. All grease traps 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 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. Use judicially so as not
to overload the grease traps and sanitary sewer.
ORDINANCE NO. 834-1-88
PAGE 34
(6) Drains. There shall be no direct connection between
the sewage system and any drains originating from
equipment in which food, portable equipment, or
utensils are placed, except for properly trapped open
sinks. When a dishwashing 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.
(D) Toilet Facilities
(1) 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. 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.
(2) Toilet Design. Toilets and urinals shall be designed
to be easily cleanable.
(3) 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.
(4) 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) Lavatory Facilities
(1) 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. Lavatories 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 or utensils shall
not be used for handwashing.
(2) Lavatory Faucets. Each lavatory shall be provided with
hot and cold water tempered by means of a mixing valve
or combination faucet. Any self-closing, slow -closing,
ORDINANCE NO. 834-1-88 PAGE 35
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.
(3) 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 or hand -drying device providing heated
air shall be conveniently located near each lavatory.
When sanitary towels are used a single towel dispensing
unit shall be required. Common towels are prohibited.
If disposable towels are used, easily cleanable waste
receptacles shall be conveniently located near the
handwashing facilities.
(4) Lavatory Maintenance. Lavatories, soap dispensers,
hand -drying devices, and all related fixtures shall be
kept clean and in good repair.
(F) Garbage and Refuse
(1) Containers
(a) Garbage and refuse shall be kept in durable,
easily cleanable, insect -proof and rodent -proof
containers that do not leak and do not absorb
liquids. Plastic bags shall be used to line these
containers, and they may be used for storage
inside the food service establishment. When
three-fourths full, plastic bags are to be tied
prior to disposal in dumpsters.
(b) Containers used in food preparation and utensil -
washing areas shall be kept covered.
(c) Containers stored outside the establishment, and
dumpsters, compactors and compactor systems shall
be easily cleanable, shall be provided with tight-
fitting lids, doors or covers, and shall be kept
covered when not in actual use. In containers
designed with drains, drain plugs shall be in
place at all times, except during cleaning.
(d) There shall be a sufficient number of containers
to hold all the garbage and refuse that accumu-
lates.
(e) Soiled containers shall be cleaned at a frequency
to prevent insect and rodent attraction. Each
container shall be thoroughly cleaned on the
inside and outside in a way that does not
ORDINANCE NO. 834-1-88
PAGE 36
contaminate food, equipment, utensils, or food
preparation areas. Suitable facilities, including
hot water and detergent or steam, shall be
provided and used for washing containers. Liquid
waste from compacting or cleaning operations shall
be disposed of as sewage.
(2) Storage
(a) 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
material not containing garbage or food wastes
shall be broken down and stored in dumpsters.
(b) 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.
(c) Outside storage areas shall be enclosed and shall
be large enough to store the garbage, refuse, and
grease containers, and space for spillage cleanup.
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 -paid
asphalt, that is kept clean and 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.
(d) Special pickup of construction or remodeling
debris, and bulk items shall be the responsibility
of the owner of the food service or processing
establishment.
(3) Disposal
(a) Garbage and refuse shall be disposed of often
enough to prevent the development of odor and the
attraction of insects and rodents.
(b) Where garbage or refuse is burned on the premises,
it shall be done by controlled incineration that
prevents the escape of particulate matter in
ORDINANCE NO. 834-1-88 PAGE 37
accordance with air quality regulations. Areas
around incineration facilities shall be kept clean
and orderly. Incineration rooms shall be
protected by automatic sprinklers.
(G) Insect and Rodent Control
(1) General. Effective measures intended to minimize the
presence of rodents, 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) 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. 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).
(3) Licensed exterminators. Licensed exterminators shall
conduct spraying in a food service and food processing
facility. Spraying shall be conducted before or after
food preparation and service hours.
ARTICLE 8. CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES
(A) Floors
(1) Floor Construction. Floors and floor coverings of all
food preparation, food storage, and utensil -washing
areas, and the floors of all walk-in refrigerating
units, dressing rooms, locker rooms, toilet rooms and
vestibules shall be constructed of quarry tile,
terrazzo, ceramic tile or a durable grade of seamless
vinyl or plastic and shall be maintained in good
repair. Only sealant, grout and flue of the highest
quality shall be used. Nothing in this rule shall
prohibit the use of antislip floor covering in areas
where necessary for safety reasons.
(2) Floor Carpeting. Carpeting, if used as a floor
covering, shall be of closely woven construction,
properly installed, easily cleanable, and maintained in
good repair. Carpeting is prohibited in food prepara-
ORDINANCE NO. 834-1-88
PAGE 38
tion, equipment washing and utensil -washing areas where
it would be exposed to large amounts of grease and
water, in food storage areas and toilet room areas
where urinals or toilet fixtures are located.
(3) Prohibited Floor Covering. The use of sawdust, wood
shavings, peanut hulls or similar material as a floor
covering is prohibited.
(4) Floor Drains. Properly installed, trapped floor drains
shall be provided in floors that are water flushed for
cleaning or that receive discharges of water or other
fluid waste from equipment or in areas where pressure
spray methods for cleaning equipment are used. Such
floors shall be constructed only of quarry tile,
terrazzo, ceramic tile or similar materials approved by
the regulatory authority and shall be graded to drain.
(5) Mats and Duckboards. Mats and duckboards shall be of
nonabsorbent, grease resistant materials 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 shall be cleaned in the utility
facility.
(6) Floor Junctures. In all new or remodeled establish-
ments utilizing quarry tile, terrazzo, ceramic tile or
similar flooring materials, and where water flush
cleaning methods are used, the junctures between walls
and floors shall be coved and sealed. In all other
cases, the juncture between walls and floors shall not
present an open seam of more than 1/32 inch.
(7) Utility Line Installation. Exposed utility service
lines and pipes shall be installed in a way that does
not obstruct or prevent cleaning of the floor. In all
new or remodeled establishments, installation of
exposed horizontal utility lines and pipes on the floor
is prohibited.
(B) Walls and Ceilings
(1) Maintenance. Walls and ceilings, including doors,
windows, skylights, and similar closures, shall be
maintained in good repair.
(2) Construction. The walls, including nonsupporting
partitions, wall coverings, and ceilings of walk-in
refrigerating units, food preparation areas, food
storage areas, equipment -washing and utensil -washing
ORDINANCE NO. 834-1-88
PAGE 39
areas, toilet rooms and vestibules shall be light-
colored, smooth, nonabsorbent and easily cleanable.
(3) Exposed Construction. Studs, joists and rafters shall
not be exposed in thoseareas listed in paragraph (2)
of subsection (B) of this rule. If exposed in other
room or areas, they shall be finished to provide an
easily cleanable surface.
(4) 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
ceilings. Utility service lines and pipes shall not be
unnecessarily exposed on walls or ceilings in those
areas listed in paragraph (2) of subsection (B) of this
rule.
(5) Attachments. Light fixtures, vent covers, wall -mounted
fans, decorative materials, and similar equipment
attached to walls and ceilings shall be easily
cleanable and shall be maintained in good repair.
(6) Covering Material Installation. Commercial wall and
ceiling covering materials shall be attached and sealed
so as to be easily cleanable.
(C) Cleaning Physical Facilities
(1) General. Cleaning of floors and walls, 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,
duckboards, walls, ceilings and attached equipment and
decorative materials 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 with brooms.
(2) Utility Facility. In new or remodeled establishments
at least one utility sink or curbed cleaning facility
with a f loor drain shall be provided and used for the
cleaning of mops or similar wet floor cleaning tools,
floor mats, trash cans, bulky items, etc., and for the
disposal of mop water or similar liquid wastes, the
drain shall be plumbed to the grease trap. The use of
lavatories, utensil -washing or equipment -washing, or
food preparation sinks for this purpose is prohibited.
(D) Lighting
(1) General. At least fifty (50) foot candles of light
shall be provided to all working surfaces and at least
ORDINANCE NO. 834-1-88
PAGE 40
thirty (30) foot candles of light shall be provided to
all other surfaces and equipment in food preparation,
utensil -washing, and handwashing 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, except that this require-
ment applies to dining areas only 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 facili-
ties, 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.
(E) Ventilation
(1) General. All rooms shall have sufficient ventilation
to keep them free of excessive heat, steam, condensa-
tion, vapors, obnoxious odors, smoke and fumes.
Ventilation hoods and devices shall be designed to
prevent grease or condensate from dripping into food or
onto food preparation surfaces. 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.
(2) Special Ventilation
(a) Intake and exhaust air ducts shall be maintained
to prevent the entrance of dust, dirt and other
contaminating materials.
(b) In new or remodeled establishments, all rooms,
including restrooms, from which obnoxious odors,
vapors or fumes originate shall be mechanically
vented to the outside.
(F) 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
ORDINANCE NO. 834-1-88
PAGE 41
not be used for food preparation, storage, service, or
for utensil -washing.
(2) Locker Area. Enough lockers or other suitable
facilities shall be provided and used for the orderly
storage of employee clothing and other belongings.
Lockers or other suitable facilities may be located
only in the designated dressing rooms or areas
containing only completely packaged food or packaged
single -service articles.
(G) Poisonous or Toxic Materials
(1) Materials Permitted. Only those poisonous or toxic
materials necessary for the maintenance of the
establishment, the cleaning and sanitization of
equipment and utensils, and the control of insects and
rodents shall be present in food service establish-
ments.
(2) Labeling of Materials. Containers of poisonous or
toxic materials shall be prominently and distinctly
labeled according to law for easy identification of
contents.
(3) Storage of Materials. Poisonous or toxic materials
consist of the following three (3) categories:
(a) Insecticides and rodenticides;
(b) Detergents, sanitizers and related cleaning or
drying agents;
(c) Caustics, acids, polishes and other chemicals.
Each of these categories shall be stored and located to
be physically separated from each other. All poisonous
or toxic materials shall be stored in cabinets or 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 sanitizers 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
ORDINANCE NO. 834-1-88
PAGE 42
label and not be used in 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.
(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
in a way that prevents them
food -contact surfaces.
(H) Premises
(1) General
aid supplies shall be stored
from contaminating food and
(a) Food service establishments and all parts of the
property used in connection with operations of the
establishments shall be kept free of litter.
(b) The walking and driving surfaces of all exterior
areas of food service establishments shall be
surfaced with concrete or asphalt, or with gravel
or similar material effectively treated to
facilitate maintenance and minimize dust. These
surfaces shall be graded to prevent pooling of
water and kept free of litter.
(c) Only articles necessary for the operation and
maintenance of the food service establishment
shall be stored on the premises. All unneeded
articles and equipment shall be removed. All
parts of the establishment shall be kept neat,
clean and free of litter.
(d) The traffic of unnecessary persons through the
food preparation and utensil -washing areas is
prohibited.
(2) Living Areas. No operation of a food service estab-
lishment shall be conducted in any room used as living
or sleeping quarters. Food service operations shall be
ORDINANCE NO. 834-1-88
separated from any
complete partitioning
I
(3) Laundry Facilities
PAGE 43
living or sleeping quarters by
and solid, self-closing doors.
(a) 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.
(b) Separate rooms shall be provided for laundry
facilities. Such operations may be conducted in
storage rooms containing only packaged foods or
packaged single -service articles.
I
(4) Linens and Clothes Storage
I
(a) Clean clothes and linens shall be stored in a
clean place and protected from contamination until
used.
(b) Soiled clothes and linens shall be stored in
nonabsorbent containers or washable laundry bags
until removed for laundering.
(5) Cleaning Equipment Storage. Maintenance and cleaning
tools such as brooms, mops, 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.
(6) 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 establish-
ment. This exclusion does not apply to edible fish,
crustacea, 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.
ARTICLE 9. NON -CONFORMING USE
Any lawful use of a food service or processing structure 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 the maintenance and operation of premises with the
ORDINANCE NO. 834-1-88
PAGE 44
public health and safety of the consumers and employees foremost
in -mind.
ARTICLE 10. MOBILE FOOD UNITS
(A) Mobile Food Service
(1) General. Mobile food units shall comply with the
requirements ofi these rules, except as otherwise
provided in this paragraph and in paragraph (2) of
subsection (A) of this rule. The regulatory authority
may impose additional requirements to protect against
health hazards related to the conduct of the food
service establishment as a mobile operation, may
prohibit the sale of some or all potentially hazardous
food, and when no health hazard will result, may waive
or modify requirements of this rule relating to
physical facilities.
(2) Restricted Operation. Mobile food units shall serve
only food from a commercially approved source that is
prepared, packaged in individual servings, transported
and stored under conditions meeting the requirements of
these rules. Beverages that are not potentially
hazardous and are dispensed from covered urns or other
protected equipment, need not comply with requirements
of these rules pertaining to the necessity of water and
sewage systems nor to those requirements pertaining to
the cleaning and sanitization of equipment and utensils
if the required equipment for cleaning and sanitization
exists at its commissary.
(3) Single -Service Articles. Mobile food units shall
provide only single -service articles for use by the
consumer.
(4) Water System. A mobile food unit requiring a water
system shall have a potable water system under
pressure. The system shall be of sufficient capacity
to furnish enough hot and cold water for food prepara-
tion, utensil cleaning and sanitizing, and hand -
washing, in accordance with the requirements of these
rules. The water inlet shall be located in such a
position that it will not be contaminated by waste
discharge, road dust, oil or grease and it shall be
kept capped when not being filled. The water inlet
shall be provided with a transition connection of a
size or type that will prevent its use for any other
service. All water distribution pipes or tubing shall
be constructed and installed in accordance with the
requirements of these rules.
ORDINANCE NO. 834-1-88
PAGE 45
(5) Waste Retention. If liquid waste results from
operation of aImobile food unit, the waste shall be
stored in a permanently installed retention tank that
is of at least, 15 percent larger capacity than the
water supply tank. Liquid waste shall not be dis-
charged from the retention tank when the mobile food
unit is in motion. All connections on the 'vehicle for
servicing mobile food unit waste disposal facilities
shall be of a different size or type than those used
for supplying potable water to the mobile food unit.
The waste connection shall be located lower than the
water inlet connection to preclude contamination of the
potable water system.
(B) Commissary
(1) Base of Operations
(a) Mobile food units shall operate from a commissary
or other fixed food service establishment and
shall report at least daily to such location for
all supplies and for all cleaning and servicing
operations.
(b) 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.
(2) Servicing Area
(a) A mobile food unit 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 units do not
contain waste retention tanks.
(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.
(3) Servicing Operations
I
ORDINANCE NO. 834-1-88
PAGE 46
(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 mobile food unit 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.
(C) Mobile Operations Permit
(1) Permit. All mobile food service units shall be
required to secure, from the regulatory authority, a
permit to operate within the corporate limits of the
City of Allen. The permit shall be kept visible in the
vehicle at all times. Mobile food service units shall
have their company name and telephone number on both
doors to be easily recognizable.
(2) Permit fee. The permit to operate a mobile food
service unit, within the City of Allen, shall be
renewable on an annual basis. The fee is set in
Exhibit "A" of this Ordinance.
ARTICLE 11. TEMPORARY FOOD SERVICE ESTABLISHMENTS
(A) General. 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
potentially 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
authority shall be notified.
(B) Restricted Operations
(1) These provisions are applicable whenever a temporary
food service establishment is permitted, under the
provisions of subsection (A) of this rule.
(2) Only those potentially hazardous foods requiring
limited preparation, such as hamburgers and frank-
furters that only require seasoning and cooking, shall
be prepared or served. The preparation or service of
other potentially hazardous foods, including pastries
filled with cream or synthetic cream, custards and
ORDINANCE NO. 834-1-88 PAGE 47
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 45°F. (7°C.) or above, in facilities
that meet the requirements of these rules, and is
served directly in the unopened container in which it
was packaged.
(3) The sale or, display of food from street corners or
roadsides, except fruit and vegetable stands, is
prohibited in the City of Allen.
(C) Ice. Ice that is consumed or that contacts food shall have
been made under conditions meeting the requirements of these
rules. The ice shall be obtained only in chipped, crushed
or cubed form and in single -use safe plastic or wet -strength
paper bags filled and sealed at the point of manufacture.
The ice shall be held in these bags until it is dispensed in
a way that protects it from contamination.
(D) Equipment
(1) Equipment shall be located and installed in a way that
prevents food contamination and that also facilitates
cleaning the establishment.
(2) Food -contact surfaces of equipment shall be protected
from contamination by consumers and other contaminating
agents. Where helpful to prevent contamination,
effective shields for such equipment shall be provided.
(E) Single -service Articles. All temporary food service
establishments which do not have effective facilities for
cleaning and sanitizing tableware shall provide only single -
service articles for use by the consumer.
(F) Water. Enough potable water shall be available in the
establishment for food preparation, for cleaning and
sanitizing utensils and equipment, and for handwashing. A
heating facility located on the premises and capable of
producing enough hot water for these purposes shall be
provided.
(G) Wet Storage. The storage of packaged food in contact with
water or undrained ice is prohibited. Wrapped sandwiches
shall not be stored in direct contact with ice.
(H) Waste. All sewage, including liquid waste, shall be
disposed of according to law.
ORDINANCE NO. 834-1-88 PAGE 48
(I) Handwashing. A convenient handwashing facility shall be
available for employee handwashing. This facility shall
consist of at least warm running water, soap and' individual
paper towels.
(J) Floors. Floors shall be constructed of concrete, asphalt,
tight wood or other similar cleanable material kept in good
repair. Dirt or gravel, when graded to drain, may be used
as subflooring when covered with clean, removable platforms
or duckboards, or covered with wood chips, shavings or other
suitable materials effectively treated to control dust.
(K) Walls and Ceilings of Food Preparation Areas
(1) Ceilings shall be made of wood, canvas or other
materials that protect the interior of the establish-
ment 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 material used for walls,
doors or windows shall be at least sixteen (16) mesh to
the inch.
(2) Counter -service openings shall not be larger than is
necessary for the particular operation conducted.
These openings shall be provided 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 -service openings
shall be kept closed, except when in actual use.
ARTICLE 12. FOOD SERVICE PERMITS
(A) Permits
(1) General. No person shall 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
section shall be entitled to receive or retain such a
permit. Permits are not transferable, and must be
displayed in an area visible to the public.
(2) Issuance of Permit
(a) A written application for a permit on a form
provided by the regulatory authority is required.
Such application shall include the full name and
address, telephone number, and indication of
whether the applicant is an individual, firm or
ORDINANCE NO. 834-1-88
PAGE 49
corporation; if a partnership, the names of their
partners, their addresses, location and type of
business establishment, as well as the signature
of each applicant and other information deemed
necessary.
(b) A permit fee shall accompany each application, and
the permit is valid for one year. Permits shall
be renewed on an annual basis by filing a renewal
application and payment of the permit fee. The
fee is not refundable. The permit fee is
designated in Exhibit A of this ordinance.
(c) Prior to approval of an application for permit,
the regulatory authority shall inspect the food
establishment to determine compliance with the
requirements of this section.
(d) 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
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. 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 20 days of receipt of a request for
hearing.
(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 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 days. If no written request for
hearing is filed within ten days, the suspension
is sustained.
ORDINANCE NO. 834-1-88
PAGE 50
(c) A permit shall be reinstated when the holder of
the permit has written a statement to the
regulatory authority indicating the conditions for
suspension have been corrected. The regulatory
authority shall reinspect the operation to insure
compliance. 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 five (5) days
following service of such notice, unless a written
request for hearing is filed with the regulatory
authority by the permit holder within the five-day
period. If no request for hearing is filed within
the five-day period, the revocation of the permit
becomes final.
(B) Notices
(1) Service of Notices. A notice provided for in this
ordinance is properly served when it is hand carried to
the holder of the permit or person in charge", or when
it is sent by certified 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 authority 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.
ORDINANCE NO. 834-1-88
PAGE 51
(3) Permit refunding. The applicant shall not be entitled
to refunding of a permit fee when 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 13. 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) 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.
(C) 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 furnished 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 form is a public
document that shall be posted at a conspicuous location for
consumers as they enter the establishment.
(D) 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, such as an obvious
lack of sanitization, refrigeration, water or sewage
backup into the establishment, the establishment shall
immediately cease food service operations. Operations
shall not be resumed until authorized by the regulatory
authority.
ORDINANCE NO. 834-1-88
PAGE 52
(2) All violations of 4 or 5 point weighted items shall be
corrected immediately or within a time specified by the
regulatory authority. ,,
(3) 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. A written report shall be
sent to the regulatory authority indicating action
taken to correct deficiencies noted.
(4) When the rating score of the establishment is les than
sixty (60), the establishment shall initiate corrective
action on all identified violations and be prepared for
reinspection within forty-eight (48) 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.
(E) 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 therefore, place
under detention any food which it has probable cause to
believe is adulterated or misbranded in accordance with the
provisions of Section 6, and paragraph (2) of Section 21,
Article 4476-5, Texas Civil Statutes, The Texas Food, Drug
and Cosmetic Act.
(F) 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 indi-
cated. 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 employee's services to some area of
ORDINANCE NO. 834-1-88
PAGE 53
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.
(G) Review of Plans
(1) Whenever a food service or processing establishment is
constructed, remodeled, or converted to use as a food
service operation, stamped, certified, and properly
prepared plans and specifications for such construction
shall be submitted to the regulatory authority for
review before construction is begun. The plans and
specifications shall indicate the proposed layout,
arrangement, mechanical plans, and construction
materials of work areas, and the type and model of
proposed equipment and facilities.
(2) Pre -operational Inspection. Whenever plans and
specifications are required by the regulatory author-
ity, required inspections shall be conducted of the
establishment prior to the start of operations. The
inspections will be conducted to determine compliance
with the approved plans and specifications and with
requirements of this section.
ORDINANCE NO. 834-1-88
TABLE OF CONTENTS
SECTION II
PAGE 54
ARTICLE
1
DEFINITIONS . . . . . . . . . . . . . . . . . . .
. 55
ARTICLE
2
BUILDING PERMIT, APPLICATION. . . . . . . . . . .
. 55
ARTICLE
3
INSPECTIONS . . . . . . . . . . . . . . . . . . .
. 56
ARTICLE
4
MATERIALS . . . . . . . . . . . . . . . . . . . .
. 56
ARTICLE
5
SHAPE . . . . . . . . . . . . . . . . . . . . . .
. 56
ARTICLE
6
DEPTH AND SLOPE; DEPTH MARKINGS . . . . . . . . .
. 56
ARTICLE
7
PROJECTIONS . . . . . . . . . . . . . . . . . . .
. 57
ARTICLE
8
DIVING AREA . . . . . . . . . . . . . . . . . . .
. 57
ARTICLE
9
STEPS, LADDERS, TOWERS . . . . . . . . . . . . . .
. 57
ARTICLE
10
OVERFLOW GUTTERS AND SKIMMING DEVICES . . . . . .
. 57
ARTICLE
11
DECK AREA, POOL ENCLOSURE, SPECTATOR SEPARATION .
. 59
ARTICLE
12
RECIRCULATION SYSTEM . . . . . . . . . . . . . . .
. 60
ARTICLE
13
INLETS, OUTLETS; WATER DISPOSAL . . . . . . . . .
. 60
ARTICLE
14
HEATING UNITS . . . . . . . . . . . . . . . . . .
. 61
ARTICLE
15
LIGHTING . . . . . . . . . . . . . . . . . . . . .
. 61
ARTICLE
16
TOILET FACILITIES . . . . . . . . . . . . . . . .
. 61
ARTICLE
17
PERMIT AND MANAGER OF OPERATIONS. . . . . . . . .
. 61
ARTICLE
18
CERTIFICATION OF MANAGER OF OPERATIONS. . . . . .
. 63
ARTICLE
19
OPERATION OF POOL . . . . . . . . . . . . . . . .
. 63
ARTICLE
20
QUALITY OF WATER . . . . . . . . . . . . . . . . .
. 63
ARTICLE
21
SAFETY - EQUIPMENT . . . . . . . . . . . . . . . .
. 64
ARTICLE
22
REGULATIONS IN POOL AREA . . . . . . . . . . . . .
. 65
ARTICLE
23
POOL DRAINAGE . . . . . . . . . . . . . . . . . .
. 65
ARTICLE
24
SUSPENSION . . . . . . . . . . . . . . . . . . . .
. 65
ORDINANCE NO. 834-1-88
SECTION II
PAGE 55
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) Regulatory authority means a representative of the City of
Allen authorized to make pool inspections and review plans.
(B) Person means an individual, partnership, company, corpora-
tion, association, firm, organization, institution, or
similar entity.
(C) Private pool means a swimming pool appurtenant to a single-
family or duplex residence, and used only by the occupants
of the residence and their guests.
(D) Public pool means a swimming pool to which the general
public has access.
(E) 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, and club members.
(F) Swimming pool or pool means a spa, hot tub, basin, tank or
similar structure that is used for swimming, bathing or
water play, including all equipment and appurtenant
facilities, and having a depth of three feet or more at any
point.
ARTICLE 2. Permit required, application; issuance. No person
shall construct, modify or repair a swimming pool in the city
without obtaining a building permit. The application for a
permit shall be on a form provided by the regulatory authority
and shall be accompanied by the required fee and a specified
number of copies of the detailed plans of which the applicant
seeks approval. Plan review shall be conducted by the regulatory
ORDINANCE NO. 834-1-88
PAGE 56
authority. If the regulatory authority is satisfied that the
proposed swimming pool will conform in all respects to the
requirements of the law, a permit shall be issued.
ARTICLE 3. Inspections. The regulatory authority shall inspect
a swimming pool at any time and has authority to enter upon the
premises where a pool is located to the extent necessary to make
a full examination in the construction and operational stage to
insure compliance. Code Enforcement Inspectors will examine the
swimming pool while under construction. The regulatory authority
will examine the swimming pool while under construction, and
conduct a final inspection.
ARTICLE 4. Materials. A swimming pool shall be constructed of
materials that are sanitary, enduring, and non-toxic to humans.
Materials used on walls and bottom surfaces shall provide a
watertight structure with a smooth and easily cleaned finish,
free from cracks or open joints other than structural expansion
joints.
ARTICLE 5. Shape. The shape of a pool shall be designed so that
the water is uniformly circulated and so that all interior areas
of a pool are visible from the edge of the pool.
ARTICLE 6. Depth and Slope; depth markings.
(A) The depth and slope of a pool shall comply with the
specifications indicated in Plate I.
(B) All surfaces on the bottom of a pool shall slope toward the
main drain. A main drain is not required in vinyl pools
with a depth of less than five feet. In areas of a pool
that are less than five feet in depth, the following slope
requirements apply:
(1) The slope of the floor in a pool 42 feet or more in
length shall not exceed one foot in twelve feet.
(2 ) The slope of the floor in a pool less than 42 feet in
length shall not exceed one foot in eight feet.
(C) Walls in the deep portion of a pool shall be vertical from
the water line for a minimum depth of two feet six inches.
(D) Depth of water shall be marked at or above the water surface
on the vertical pool wall and on the edge of the deck next
to the pool, at maximum and minimum depth points, at points
of break between deep and shallow areas, and at intermediate
increments of depth, spaced at not more than 25 foot
intervals around the entire perimeter of the pool. Markings
shall be in numerals of a minimum height of four inches and
in a color contrasting with the background.
ORDINANCE NO. 834-1-88 PAGE 57
ARTICLE 7. Projections. Pool structures, protrusions, or
extensions shall not project more than six inches within the pool
area, as delineated by the profiles illustrated in Plate I.
ARTICLE 8. Diving Area
(A) The minimum depth of water below a diving board or platform
and other minimum dimensions in the diving area of a pool
must comply with the minimum standards indicated in Table I
and Plate I.
(B) A diving board or platform must not be placed more than nine
feet (three meters) above the water level without approval
of the regulatory authority. The base of a diving board or
tower shall not extend into the pool water, and the tower
shall be anchored with sufficient bracing to insure
stability under the heaviest load. Both sides of steps,
ladders, and platforms of diving towers three feet (one
meter) or higher shall be provided with suitable handrails
designed to prevent persons from falling.
(C) A minimum clearance of 16 feet shall be provided above each
diving board or platform, measured from the center of the
front end of the board or platform and extending at least
eight feet behind and to each side and sixteen feet ahead of
the measuring point.
ARTICLE 9. Steps, ladders, and towers
(A) Materials used in steps, ladders, and diving towers must be
of sufficient structural strength to safely support
anticipated loads and must be corrosion resistant, easily
cleaned, and of a nonskid design.
(B) A minimum of one ladder must be provided for each 100 feet
of public or semi-public pool perimeter; except that a
diving area which is wider than 30 feet at any point must be
provided with two ladders at opposite sides.
(C) If recessed steps are used, they must be designed to drain
into the pool and to be easily cleaned.
(D) Ladders and recessed steps must be provided with a handrail
on both sides. Handrails must be constructed out over the
coping and return to the pool deck.
(E) ARTICLE 10. Overflow Gutters and Skimming Devices
(A) All pools must be equipped with either an overflow gutter or
surface skimming device.
ORDINANCE NO. 834-1-88
(B) If surface skimming devices are used:
PAGE 58
(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 be 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 automatically 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 basket 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;
ORDINANCE NO. 834-1-88
PAGE 59
( 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.
(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 three and one-half feet in width,
(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) The pool shall be enclosed as to eliminate access of small
children. A fence, wall or other solid structure six feet
high shall be erected. Entries to pool area shall have a
self-closing and self -latching device. Such latching device
shall be mounted in the upper quarter of the entry door to
eliminate access by small children. Signs or markers shall
be mounted on all entries stating "Keep closed at all
times."
(D) Trees shall not hang over pool. Deck surfaces as well as
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) The pool shall be enclosed as to eliminate access of small
children. A fence, wall or other solid structure six feet
high shall be erected. Entries to pool area shall have a
self-closing and self -latching device. Such latching device
shall be mounted in the upper quarter of the entry door to
eliminate access by small children. Signs or markers shall
be mounted on all entries stating "Keep closed at all
times."
(D) Trees shall not hang over pool. Deck surfaces as well as
ORDINANCE NO. 834-1-88
PAGE 60
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.
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
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 turn over
the pool water capacity within six hours for a public pool
and eight hours for a semi-public pool.
(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 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. Inlets and Outlets; water disposals
(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.
ORDINANCE NO. 834-1-88
PAGE 61
(2) The fill pipe to all pools shall have an air gap of six
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 feet per second, a
National Sanitation Foundation 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 area 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.
ARTICLE 14. Heating Units. Heating units for pools, 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
,ORDINANCE NO. 834-1-88
PAGE 62
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) Grounding as per City of Allen Electrical Code. Lighting
shall be properly grounded with three to four loops of wire
from the belly to attach to deck steel with brass grounding
clamps.
(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.
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 a reasonable period of time.
(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 monthly during the operational season. The
inspection form shall constitute a written notice.
ORDINANCE NO. 834-1-88 PAGE 63
(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 opera-
tions. 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 manager of operations or an
owner'of a public or semi-public pool shall not:
(A) knowingly permit a condition to exist that endangers the
life, health, or safety of a swimmer or that violates a
provision of this article;
(B) 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;
(C) knowingly permit a person to carry glass within a pool area
or enclosure;
(D) knowingly allow animals within a pool area or enclosure;
(E) fail to post placards containing pool regulations and
instructions in conspicuous places within a pool area or
enclosure;
(F) fail to maintain a pool in accordance with the standards of
health and safety provided in Articles 20 and 21.
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 7.6 ppm.
0
ORDINANCE NO. 834-1-88
PAGE 64
(B) Clarity. The water shall be sufficiently clear to permit a
distinct view of the main drain from outside the pool.
(C) Disinfectant. 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).
(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) Level. 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.
(H) 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 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 guard line separating the shallow portion from the deep
portion of a pool at the break point depth; and
(C) a sign shall be available, and when applicable used,
indicating "No Life Guard on Duty"; and
(D) an adult, parent or guardian shall be in attendance with any
children under age six (6) years at all times while children
are in pool enclosure; and
(E) a telephone shall be nearby with information of nearest
ambulance station; and
(F) a first aid kit shall be available at all times; and
(G) all chemicals shall be stored in a cool dry area; and
(H) chlorination room shall be well ventilated with gas mask
outside; and
ORDINANCE NO. 834-1-88
PAGE 65
(I) all cleaning equipment and materials shall be in good
repair.
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; or
(D) alters or removes safety equipment from a pool except in a
bona fide emergency.
ARTICLE 23. Pool Drainage. It shall be unlawful to drain the
pool upon public or privately owned property at any time for any
reason.
ARTICLE 24. Suspension
(A) The regulatory authority shall immediately suspend a permit
to operate a public or semi-public pool if:
(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.
TABLE I
MINIMUM SWIMMING POOL SHAPE & DIVING BOARD DATA (See Plate I)
BOARD BOARD A B1 B2 B1 + B2 C1 C2 DD DD DB DS
LENGTH LENGTH
0
H
z
n
ti
z
0
J
E EE w
00
I
1
Deck Level
(18" Max.)
Residential
(
f�
(30" Max.)
1 Meter
(Max.)
3 Meter
(Max.)
0
H
z
n
ti
z
0
J
E EE w
00
I
1
See Plate I for floor slopes and radii.
All pool shell dimensions shall be minimum inside.
01
Min.
6'
0"
2'
0"
8'
0"
2'
0"
10'
0"
12'
0"
20'
0"
8'
0"
7'
9"
4'
0"
7'
0"
8'
0"
Max.
10'
0"
4'
0"
5'
0"
3'
6"
Min.
8'
0"
3'
0"
8'
0"
3'
0"
11'
0"
13'
6"
21'
6"
8'
0"
7'
9"
4'
0"
7'
6"
8'
0"
Max.
12'
0"
4'
6"
-
5'
0"
3'
6"
Min.
14'
0"
5'
0"
8'
6"
3'
6"
12'
0"
14'
0"
22'
0"
12'
0"
8'
3"
4'
0"
10'
0"
8'
0"
Max.
16'
0"
6'
0"
5'
0"
3'
6"
Min.
14'
0"
5'
0"
10'
0"
5'
0"
15'
0"
21'
0"
31'
0"
13'
0"
10'
0"
4'
0"
12'
0"
8'
0"
5'
0"
3'
6"
Max.
16'
0"
6'
0"
See Plate I for floor slopes and radii.
All pool shell dimensions shall be minimum inside.
r.
ORDINANCE NO. 738-9-86
2
yin. a
Max. R• DDI
v Ilk
RI 112 l'I
Plater Line
LONGITUDINAL SECTION
PAGE 67
m
a
TOP VIEW
Water Line Water Line
' m
-� -4 ❑ O E D
N
0 3' 6' Max, at DS
.4
❑
0
YMay&.' DDI ODDI
DEEP END SECTION SHALLOW END SECTION
MINIMUM SHAPE AND DIVING BOARD DATA
P L A T E I
•I
A
U
C2
_
BI
B2
CI
TOP VIEW
Water Line Water Line
' m
-� -4 ❑ O E D
N
0 3' 6' Max, at DS
.4
❑
0
YMay&.' DDI ODDI
DEEP END SECTION SHALLOW END SECTION
MINIMUM SHAPE AND DIVING BOARD DATA
P L A T E I
ORDINANCE NO. 834-1-88
SECTION III
PAGE 68
PURPOSE: PROVIDING FOR DEFINITIONS; PRESCRIBING MINIMUM
STANDARDS FOR CHILD HEALTH AND SAFETY PROTECTION DURING PART OR
ALL DAY FOR CHILDREN UNDER 14; PROVIDING PERMITS AND INSPECTION
FREQUENCY; PROVIDING SUSPENSION OF PERMIT; PROVIDING FOR
REISSUANCE OF PERMIT; PROVIDING FOR CLOSING OF A FACILITY.
ARTICLE 1. Definitions
(A) Day Care Center is a facility that is licensed by the Texas
Department of Human Resources and provides care less than 24
hours a day for more than 12 children under age 14.
(B) Kindergarten and Nursery Schools are child care facilities
licensed by the Texas Department of Human Resources offering
a program four hours or less per day for children who have
passed their second birthday but who are under seven years
old.
(C) School -kindergarten and above. A school, grades kindergar-
ten and above, is a child care facility licensed by the
Texas Department of Human Resources, offering an educational
program in one or more grades for children agesr 5 through
13. A school operates only during customary public school
days.
ARTICLE 2. Usage. The facility shall include:
(A) Daily, continual and regular, group care for all or part of
the work day while not in custody of the parent (day care
services).
(B) Hourly, periodic, nondaily, group care during the day or
evening while not in custody of the parent (infant and child
sitting services).
(C) An organized program of group activities and related
learning experiences for children attending on a daily
basis.
ARTICLE 3. Responsibilities. 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 4. Adult/Child Ratio. In recognition of the need for
enrichment programs, the ratios set by the Texas Department of
Human Resources shall be used.
ORDINANCE NO. 834-1-88
PAGE 69
ARTICLE 5. Emergency Requirements. Complete information for
contacting the parent shall be available at the child care
center. Data will include home and work telephone numbers and
locations as well as a telephone number and location of a close
relative or friend. Current instructions for telephoning the
regulatory authority, medical services, ambulance services, fire
department and police shall be posted at each telephone.
ARTICLE 6. Immunizations and medical requirements. All
caregivers and attending children shall have records and
immunizations as stipulated by the Texas Department of Human
Resources.
ARTICLE 7. Physical Consideration
(A) Facilities
(1) Prior to building or remodeling a child care center
professionally drawn plans shall be submitted to the
regulatory authority for review. All centers shall
meet the standards set forth by the Texas Department of
Human Resources.
(2) Centers shall be located on the ground floor level.
(3) Only lead free nontoxic paint shall be used in child
accessible areas.
(B) Indoor Requirements
(1) Handwashing facilities with soap, water, and disposable
paper towels shall be readily available. Hygienic
handwashing habits will be practiced by staff and
encouraged for children. Where accessible to children,
water temperatures shall be controlled so as not to
exceed 110°F. Common towels or face cloths are
prohibited.
(2) Maximum occupancy of a center will be the square foot
of floor space each child is allotted in accordance
with rules prescribed by the Texas Department of Human
Resources.
(3) A separate room will be provided for sleep and play.
(4) A separate room will be provided for isolation of
children who become ill after arrival at the center.
(5) Toilet facilities will be separate for boys and girls
beyond the age of four years and the staff. Toilets
and fixtures shall be scaled to size.
ORDINANCE NO. 834-1-88
PAGE 70
(6) All stairways will be protected by gates or similar
restraints.
(7) Floors shall provide safety and warmth, and be easily
cleanable.
(8) Electrical outlets shall be of the child safety type.
All electrical appliances shall be protected from child
contact.
(9) Separate cabinets for storage of cleaning and toxic
materials shall be provided and securely locked.
(10) All rooms shall have heating and ventilation as to
allow a temperature of 72°F. within one foot of the
floor.
(11) Tables, chairs, and beds shall be scaled to meet the
children's needs. Toys will be carefully selected so
as not to have sharp edges or be coated with paints.
(12) Waterproof receptacles having tight fitting lids will
be used for diapers.
(13) Thirty foot candles of light are required in play
areas, and 100 foot candles in staff work spaces.
(C) Outdoor requirements
(1) Space requirements for each child shall be in accor-
dance with the minimum standards set by the Texas
Department of Human Resources.
(D) Play equipment shall be selected with safety and sanitation
in mind and approved by the regulatory authority. Play
equipment shall also be scaled to size.
(E) Swimming pools shall meet the specifications of Section II
of this ordinance.
(F) Food operations shall be in accordance with Section I of
this ordinance.
(G) Sack lunches must be labeled with child's full name, date
and properly stored.
(H) Infant food and/or formula prepared by parent will be
labeled, and accompanied with feeding instructions and
properly stored. Preparation in the center is prohibited.
ORDINANCE NO. 834-1-88
PAGE 71
ARTICLE 8. Governing Rules. A copy of the minimum standards set
forth by the Texas Department of Human Resources as well as the
City of Allen Environmental Health Ordinance, Section III, and
where applicable, Section I, Food Service, and Section II,
Swimming Pools, shall be easily accessible in the Child Care
Facility.
ARTICLE 9. Permits/ Inspection Frequency. A person shall not
operate a child care center without an operations permit and
where applicable, a swimming pool permit. To obtain a permit an
applicant shall complete a form provided by the regulatory
authority. On receipt of an application for operation and
designated fee, the facility will be inspected for compliance
prior to issuing a permit. See Appendix A for the fee schedule.
Once permitted, the child care center will be inspected on a
quarterly basis, with swimming pools being inspected monthly
during the swimming season. Permits are renewable on an annual
basis and fees are not refundable.
ARTICLE 10. Suspension of Permit. The regulatory authority may
suspend a permit to operate a child care center if the holder
does not comply with the requirements of this ordinance and the
minimum standards set by the Texas Department of Human Resources.
ARTICLE 11. Reissuance of Permit. The permit will be reissued
when, in the judgement of the Regulatory Authority, there is no
danger to the children and the violation causing the suspension
has been corrected. A new application form and permit fee shall
be submitted.
ARTICLE 12. Closing of a Facility. The Regulatory Authority in
conjunction with the Texas Department of Human Resources shall
close a facility and place the children in another facility if
violations of this ordinance and the minimum standards set by the
Texas Department of Human Resources create an immediate danger to
children.
References: Texas Department of Human Resources minimum
standards for:
1. Day -Care Centers
2. Kindergarten and Nursery Schools
3. Schools: grades Kindergarten and above
ORDINANCE NO. 834-1-88
SECTION IV
PAGE 72
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 THE STATE OF TEXAS.
ARTICLE 1. Definition: A family home means a home that
regularly provides care in the caretaker's own residence for not
more than six (6) children under fourteen (14) years of age,
excluding the caretaker's own children, and that provides care
after school hours for not more than six (6) additional
elementary school siblings of the other children given care; but
the total number of children, including the caretaker's own, does
not exceed twelve (12) at any given time.
ARTICLE 2. Requirements for Child Health and Safety Protec-
tion: The operator of a registered home must comply with the
Texas Department of Human Resources rules and standards, and any
provisions of Section 4.06 of the Human Resources Code that
applies to a registered family home.
ARTICLE 3. Registration Requirements: A family home that
provides care for three (3) or fewer children excluding the
caretaker's own children may register with the Texas Department
of Human Resources. A family home that provides care for four
(4) or more children excluding the caretaker's own children must
register with the Texas Department of Human Resources.
ARTICLE 4. Administrative Procedures in Reporting of Child
Abuse: Complaints of failure to comply with any of the require-
ments established for family homes should be reported to the
Environmental Health Department of the City of Allen, and the
local authority shall report the complaint to the Texas Depart-
ment of Human Resources for investigation. Complaints reported
to the Environmental Health Department of the City of Allen
concerning child abuse in a family home shall be reported to the
Texas Department of Human Resources and the City of Allen Police
Department for investigation.
ARTICLE 5. Joint Inspection: Inspection of family homes
shall be performed on a complaint basis, either by the Texas
Department of Human Resources or a joint inspection performed by
the Texas Department of Human Resources and the City of Allen.
In cases where directed to do so by the Texas Department of Human
Resources, the Environmental Health Department of the City of
Allen shall perform the inspection and report its findings to the
Texas Department of Human Resources for enforcement.
ORDINANCE NO. 834-1-88 PAGE 73
SECTION V
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 one thousand dollars ($1,000.00) 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 an appeal. The applicant, or permit
holder, may appeal the decision of the regulatory authority
to the City Manager or his designee by filing 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 an 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, reverse, 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 be 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 judgement or
decree of a court of competent jurisdiction, such unconstitution-
ality 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.
ORDINANCE NO. 834-1-88
PAGE 74
ARTICLE 6. EFFECTIVE DATE. The fact that a public need exists
to clarify the differentiation between day care centers and a
family home child care operations creates an urgency and an
emergency and requires this ordinance to take effect from and
after its passage as the law in such cases provides.
DULY PASSED AND APPROVED by the City Council of the City of
Allen, Texas, this 21st day of January, 1988.
APPROVED:
oe T. Farmer, MAYOR
a ATTEST:
Marty Hendrix, WC, City Secretary
APPROVED AS TO FORM:
A. Don Crowder, --'City Attorney
ORDINANCE NO. 834-1-88
EXHIBIT "A"
FEE SCHEDULE
FOOD SERVICE PERMIT:
Fixed Facility - $50 per year
Temporary Facility - $35 each period
Mobile Operation - $35 per year
Inground/aboveground - $35 per season
CHILD CARE:
$125 per year - (Section III)
PAGE 75
ORDINANCE No 738-9-86 EXHIBIT—"B"'-
PAGE 76
C" OF _ -
Food Service Establishment
PURPOSE
!
ALLEN Inspection Report
�° �m ......
1
&a" an an inspection thee day, the dents railed below identlfr that vtolatIOfla. m oparaftpls or facllttss whlCfn must bs coons: ad by
the next routine inspection or Mich SINN late oert00 of ttme as en" be spectfled in on"" bpm the regulatory authorltlr. Faluw to cored
Inveat�pillor'
Otho► .... .... .
drying devices provided. Proper waste recsptec es
'"M airy time limits for CorieCtt0lts somfied in this notice mats mou" in csssattols at your Food Senld operation.
•fJ3 Potentially "'Wardous food mNta tunawatum regtnrerhenis
during storage. preparation. dlsciay, service transportation
Census TractSanit.Cade Yr. Mo. Oay Trawl nine I Inspee.Tlme
17-
11-13 14-16 2Z 23-25 26-26
1 11
Owner Maw: Establishment Name.
Address: rep
FOOD
2
43
•01 Source: sound cono"ion. no scollege
!
insect i rodent percept. freQuency. Clean
a2 Original .Antimer omoeny labeled
1
31
FOOD PROTECTION
drying devices provided. Proper waste recsptec es
63
•fJ3 Potentially "'Wardous food mNta tunawatum regtnrerhenis
during storage. preparation. dlsciay, service transportation
`
32
•04 racilitles to maintain product temperature
4
33
a -hermomMsrs provided and conspicuous
1
34
001 'olentuily -lazardous 1000 properly lhavred
2
35
•07-inwraposd and potentially nazardous'0od not '-served
4
30
rood protection during storage. preparation, display.
a
service. ;raresportatlon
2
37
091 Handling at'ood I"I rhmomlied
2
3/
10 in use. food ,)cel dispensing utensils property stored
11
1 38
PERSONNEL
1
so
•11 Personnel with !nfecttons mircted
S
40
112 Hands washed and clean, yood hygienic XWticas
!
41
12 Clean clothes. hair restraints
1
42
t:nnn FnIllPIIIIFNT A UTENSILS
r OW incel contact suAaces: designed. constructed, main-
2
43
11 tamed, installed, located
Toast rooms enclosed, fstf<losing door, fixtures, good-
insect i rodent percept. freQuency. Clean
Non-food contact surfaces. designed. constructed. main-
1
M
10 lained, installed. located
drying devices provided. Proper waste recsptec es
63
tp 01shwashong facileiss: designed. Constructed, maintained.
2
46
installed, located, operated
17 Accurate thermometers, chemical test kits provided, gauge
1
46
cock illi IPS valva)
is Pr -flushed. scraped, soaked
1
47
111 wash, rinse water. clean. proper temoeralum
2
as
,30 Sanitization rinse. clean, temperature. coneentratlon, ax-
1
M
poseurs tome; equipment, utensils sanitized
21 Wiping cloths: clean. usdrestricted
1
so
Food•cwtact surfaces of equipment and utensils dean.
2
S1
22 'r" of apraslves, detergents
23 Non -loon contact surfaces of equipment and utensils clean
1
I S2
Storage, handling of clean equlpo willutels
24 nal
/
S2
25 Srrtgl-service articles. storage. dispensing
1
'H
2i No ruse of single served articles
2
WATER -
'27 I water sours, safe: hot l cold under pressure S ss
Remarks:
SEWAGE
-A I Sewage and +caste water disposal 1 1 1 57 1
PLUMBING
s Installed. maintained 1
•� cross-cortnect,on, back slpnonage, owlittow s SO
TOILET & HANDWASHING FACILITIES
•31
Number. convenient, accessible. balgnsd. installed 1
so
"
Toast rooms enclosed, fstf<losing door, fixtures, good-
insect i rodent percept. freQuency. Clean
32
repair. clean hand cleanser, sotatoWsls/ttmse/hdnd- 2
penry
y
Outside storage area enclosures sny propconstructed.
drying devices provided. Proper waste recsptec es
63
GARBAGE & REFUSE DISPOSAL
33
Containers or receptacles. cowed: adsquata number
262
"
443 Compiele separatlon from Ilvinglsleeping Quarters. laundry-
insect i rodent percept. freQuency. Clean
44 Clean. soiled linen properly stored.
1 n
34
Outside storage area enclosures sny propconstructed.
1
63
clean, controlled incineration
INSECT, RODENT, ANIMAL CONTROL
•x Presence of nsectslrodents — outer openings protected. 1�g
no cords, tuas
rtles, other &nom
FLOORS- WALLS & CEILINGS
LIGHTING
A rUghting provided as required. mixtures shielded 1 07
VENTILATION
36 1 Rooms and equipment — "Mod as required 1 N
DRESSING ROOMS
40 Rooms clean, lockers provided. !acdltles clean, located 1 M
nTwFp nPFRAT1nNS
41 Toxic items property stored, located. used
constructed, drained, assn. good repair. covering
/
"
443 Compiele separatlon from Ilvinglsleeping Quarters. laundry-
installation, dustlesscleaning methods
44 Clean. soiled linen properly stored.
1 n
d373§Floors,
Walla, calling, attached equipment: constructed, good
1
M
repair, clean, surfaces, dustless cleaning methods
LIGHTING
A rUghting provided as required. mixtures shielded 1 07
VENTILATION
36 1 Rooms and equipment — "Mod as required 1 N
DRESSING ROOMS
40 Rooms clean, lockers provided. !acdltles clean, located 1 M
nTwFp nPFRAT1nNS
41 Toxic items property stored, located. used
s 10
Premises maintained free of litter, unnecessary articles.
a2 cleaning maintenance equipment properly stored. Author.
iZed personnel
1 71
443 Compiele separatlon from Ilvinglsleeping Quarters. laundry-
1 T2
44 Clean. soiled linen properly stored.
1 n
FOLLOW-UP ;b RATING SCORE �®
Inspected by:
Received by:
name
uue
Critical Items Requiring Immediate Attention: U-22 GrC-1962
AFFIDAVIT AND -PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE NIE, the undersigned authority, on this day personally appeared R. WAYNE `\'EDGEWORTH, who having been by me (ILII)'
sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Teras, not Icss frec)ucntly than once a
week, having a general circulation in said county, and having been published regularly and continuously for more than twelve months
prior to publishing
Ordinance #834-1-88
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
•::
and which was issued on January 27, 1988/ he Cit of All
of Collin County, Texas. Aprinted copy of said publication attache ejeto
SUBSCRIBED AND SWORN to before me this 10
day of
/February v
A.D. 19 88
Publisher's fee S 36.00
No41ry Pu i'
in and for Collin County,
Texas
CITY OF ALLEN
PUBLIC NOTICE
gotice is hereby given that the following
)rdinance was adopted by the Allen City'
'.ouncil irf'their regular meeting held on
rhursday, January 21, 1988 (Title and
'enalty Clause only):
Ordinance No. 834-1-88: An Ordinance
)f the City of Allen, Collin County, Texas
3epealing Ordinance No. 738-9-86 in Its
ntirety, and,Adopting Regulations for the
iealth and Environment Standards for the
Dity of Allen, Collin County, Texas; Provid
ng Rules and Regulations for a(
;omprehensve Food Service Sanitation
grogram; Providing for Regulations
3overning Public and Semi -Public Swim-
ning Pools; Providing Rules for Child Care
operations and Adoption of Minimum
standards Set By the Texas Department o
iuman Resources; Providing for Enforce
nent; Establishing a Schedule of Fees;
'roviding for an Appeal Process; Providing'
or a Conflict and Severability Clause;
'roviding for an EffectiveL Date of,
That any person, firm, or corporatiori
iolating any of the provisions or terms of
its ordinance shall be deemed guilty of a
iisdemeanor and conviction thereof shall
e fined a sum not exceeding one thou
and dollars ($1,000:00) for each violation
nd that each day such violation shall
ontinue to exist constitutes a separate
ffense. Iii, = i
A copy'of this ordinance maybe read or
urchased in the Office of the City Secret I
ry, City of Allen, One Butler Circle, Allen,
" Marty Hendrix; CMCe, - i
City Secrefary
rO BE,PUBLISHEDt N THE ALLEN
MERICAN ON WEDNESDAY, JANU-
RY 27, 1988 AND SUNDAY, JANUARY
1, 1988) F
PUBLIC NOTICE
Jots a is hereby given that the following
)rdinance was adopted by the Allen City''
;ouncil in their regula( meeting held on
hursday, January 21, 1988 (Title and
'enalty Clause only):
Ordinance No. 834-1-88: An Ordinance
if the City of Allen, Collin County, Texas,'
lepealing Ordinance No. 738-9-86 in Its
:ntirety, and Adopting Regulations for the
iealth and Environment Standards for the
:ity of Allen, Collin County, Texas; Provid-
ng Rules and Regulations for a
:omprehensive Food Service Sanitation
'rogram; Providing for' Regulations
aovernmg Public and Semi -Public Swim-
ning Pools; Providing Rules for Child Care
)perations and Adoption of Winimurn
standards Set By the Texas Department of
iuman Resources; Providing for Enforce-
ient; Establishing a Schedule of Fees;,
'roviding a Penalty of One Thousand,
)ollars ($1,000.00) for Each Offense;,,
'roviding for an Appeal Process; Providing'
it a Conflict and Severability Clause;'.
'roviding for;an Effective Date of
nplementation. "
That any person, firm, or . corporation
iolating any of the provisions or terms of
its ordinance shall be deemed guilty of a
iisdemeanor and conviction thereof shall
e fined a sum not exceeding one thou -
and dollars ($1,000.00) for each violation
nd that each day such violation shall
ontinue to exist constitutes -a separate
ffense.
A copy of this ordinance may be read or
urchased in the Office -of the City Secret-
ry, City of Allen,.One Butler Circle, Allen,
exas. '') y a- • �
Marty Hendrix;r. CMC
City Secretary'
r0 BE PUBLISHED IN THE ALLEN
,MERICAN ON WEDNESDAY, JANU-
,RY 27, 1988 AND SUNDAY, JANUARY