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Home My WebLink About02 89 (~'. i-Ka14h C;¡·13·~ ':'" ~ .' NOTICE OF PUBLIC HEARING PROPOSED ADDITIONS TO ORDINANCE NO. 2-77 JEFFERSON COUNTY HEALTH DEPARTMENT RULES AND REGULATIONS NOTICE IS HEREBY GIVEN that the Jefferson County Board of Commissioners will conduct a public hearing at the hour of 10:00 a.m. on Monday September 11, 1989 in the Commissioners' Chambers, County Courthouse, Port Townsend, washington for the purpose of obtaining comments of all interested persons on the proposed additions to Ordinance No. 2-77, Jefferson county Health Department Rules and Regulations. The proposed additions are as follows: .. ' , j '.< JEFFERSON COUNTY BOARD OF COMMISSIONERS .. .,J e- 'I . -# . :to .v, 4~~ ~~ -George C Brown, Chairman ~ .. .'" SEAL: / :. : ft .. . ,~ . . /1 ..'.1' . ,¡ , I <II " . __....-.-, . l· " . . . \100 / T· "") .... .,,' . . ), v ..,/ ~ i B. G. Brown, Member ~?M~' arr . Dennison, Member ORDINANCE NO. 2-89 AMENDING ORDINANCE NO. 2-77 JEFFERSON COUNTY HEALTH DEPARTMENT RULES AND REGULATIONS OF PUBLIC FOOD SERVICE ESTABLISHMENTS ADDITIONS TO SECTION III: Add as paragraph at the end of Section III, 3.2a: At the time of reinspec- tion. if there are 30 or more Red item points. all Red violations must be corrected immediately (or within a reasonable. agreed upon. time) and the Blue items in violation must be corrected within 15 days. The establishment shall also provide time for employees to have an education session on safe food handling. The establishment may be reinspected and the operator shall pay the Health Department a reinspection fee. Add as paragraph at the end of Section III, 3.2c: An administrative hearing shall be scheduled after two reinspection and failure to correct repeated violations. The hearing shall review the inspection records and arrive at a mutually satisfactory schedule of compliance with all provisions of the State and County rules and regulations. An administrative hearing fee may be charged to the operator. In the event the operator refuses or fails to abide by the compliance schedule. the Board may take appropriate action. Add as Section III, 3.2d: When an establishment has over three Blue items (sanitation and maintenance) that are repeated violations over a course of '·VO!: 1~ .....v ~ .'.'-:- (If 4325 , . . " ~ Food Service Establishments Rules and Regulations one year. these violations must be corrected within thirty (30) that time the establishment may be reinspected and the operator the Health Department a reinspection fee. Page: ~ days. At shall pay There are no further proposed additions to the Ordinance. This ordinance shall become effective September 11 , 1989. -fh APPROVED AND SIGNED this ~ day of September, 1989. "'""- .þ. :- -,<~............:"'~, 01 . \ "~', " f', .."., ,~, ~ ~~ . ... .' .. '.. '... I -,;;-,.~. ,.f:, " " -'1 \ .. ~ \ - " JEFFERSON COUNTY BOARD OF COMMISSIONERS /4;.,~-L. (/ ~~ George C Brown, Chairman r SEAL: ~ .:¡-. .' ATTEST: ~' .- ~J G. Brown, Member- ...... Member r vO'~ 15: ¡r- Ón- 4326 3.2a 3.2c 3.2d ,. n~tl : JEFFERSON ~~"TY-ORDINANcE 2-77 Food Service Sanitation Recommended Additions ~ .;;:;;rJ , .J q At the t~me of reinspection if thére are .:%:5-' O~~ ;.¡ore Red JI-x5 /':- i tern points, all Red vio.:i.ations must bt correc-::ed d /i¡.J . d . . 1 ( . t· . b - - ... . \ J 10 /-.;/ lmme late y or W¡ hln a reasona ....e agreec. t~po~ " ::ne I..p and the Blue items in violation must be correctec wi thin 15 däys. :'he estab: ishment s~al:' a:so prov:àe time for employees to have an education session on safe food handl ing. 7he establ is:lment ~J.L be reinspected and the operator shall pay the Health Department a reinspect':'on fee. An administrative hearing shall be scheduled after twoJ~ reinspections and failure to correct repeate¿ 'W violations. The hearing shall review the inspection records and arrive at a mutually satisfactory schedule of complia¡1ce w~th all provis~ons of the state and county rule;,~a2nd regulations. An adn:inistrative hearing fee ~ be charged to the operato:-. :n the event the operator refuses or fails to abiè.e by the compliance scheåll:e, the 30a:-å may take ôppropriate action. When an es~ab':'ishment has over t~;.:'ee 3:'ue :te::¡s (sanitation ar:ë. maintenance) that are repeeteé v'o'at'o-:-"\s o\'e-"" - Co'""'se O.c O"e Uea-'- -.....e~e ""o'-"':o'"'C' ~.L ....., '- ct ....-- - .- ::t ..., ...- - ,'- _0..._ ---'___4//1t1v-4. ~ must be corrected w: thin thirty (30) ë.a';·s. At 't!1ã'::'- IV' \ time the estab:':s:nment ,ci "J be ::"'e:':l.s;Jec-.:el: a:Jå ~z:e ð operator ehal: pay the Hea~th ~epartment a reins?ecti0~ -=ee, /) ( ~." " !~~ r: ' -... .~ _"..J t·_·-" ;:: . ': JEFFERSON COUNTY ORDINANCE 2-77 Food Service Sanitation AN ORDINANCE relating to the sanitation and health requirements of public food service es- tablishments as defined in thè "Rules and Regulations of the State Board of Health, Food Service Sanitation" and the "United States Public Health Service Food Service Sanitation Hanual". RULES AND REGULATIONS RELATING TO THE SANITATION AND HEALTH REQUIREMENTS OF PUBLIC FOOD SERVICE ESTABLISHMENTS AS DEFINED IN ,THE "RULES AND REGULATIONS OF THE STATE BOARD OF HEALTH, FOOD SERVICE SANITATION", AS ADOPTED ON OCTOBER l, 1980, AND AS DEFINED IN THE 1976 EDITION OF THE "UNITED STATES PUBLIC HEALTH SERVICE FOOD SERVICE SANITATION MANUAL", RELATING TO THE ISSUANCE AND REVOCATION OF PERMITS, THE PAYMENT OF PERMIT FEES, AND PRE- SCRIBING PENALTIES FOR VIOLATIONS THEREOF. WHEREAS, under the provision of R.C.W. 70.05.060 and R.C.W. 70.46.060, the Board of Health is charged with the duty of making such rules and regulations as may be nec- essary for the prevention, suppression and control of dangerous, contagious or infec- tious disease, and WHEREAS, the following rules and regulations are necessary for the prevention, sup- pression and control of dangerous, contagious or infectious disease, now therefore BE IT RESOLVED by the Jefferson County Board of Commissioners that the following be adopted as regulations: SECTION I 1.1 The State Board ;f Health Rules and Regulations, Food Service Sanitation, as adopted October 1, 1980, is hereby adopted by reference as the Rules and Regulations governing Food Service Sanitation in Jefferson County and including subsequent amend- ments thereto. 1.2 The 1976 Edition of the United States Public Health Service Food Service San- itation Manual is hereby adopted by reference as the official interpretation of this ordi- nance, where applicable. 1.3 \~ere a conflict may occur between this ordinance and the State Board of Health Regulations, or the PHS Food Service Sanitation l1anua1, the Jefferson County Health De- partment Regulations take preference, with State Board of Health Regulations second pre- ference and the PHS Sanitation Code third. SECTION 1 I 2.1 Permits: A valid permit issued by the Health Office shall be required for any person to operate a food service establishment within the jurisdiction of the Jefferson County Health Department. Only persons who comply with the minimum requirements of these regulations shall be entitled to receive and retain such a permit. Permits shall not be transferable from one person to another or place other than that specified on the permit. A valid permit shall be posted in a conspicuous place in every food establishment. Ap- plication for a temporary food service establishment permit shall be made no later than ten (lO) days prior to the first scheduled date of operation. Permits issued for tem- porary food service establishments shall not exceed a period of fourteen (14) days. 2.2 Permit Application: "A written app{iq\tion for a permit shall be made on· forms ~rovided by the Health Officer. Such application shall include the name, or the names, of the applicant and whether such application is for an individual, firm, corporation or partnership. The application shall include location of operation and type of food service .'r :" .' - - - "-,'-'-!~'-'."- ·r..... ._....~......."..~.!'--:-... _..:......-.-s;~_.~:-';'..--:'-._..~..:!'7'}-:":"--_._,.,.+: _..... ....-..... . JEEFERsON COUNTY ORDINANCE 2-77 Food Service Sanitation Page '/12 ì t .-' f !:t I ~! proposed and any other information requested on the form to help evaluate the proposal. Applications for t~mporary food service establishments shall include the inclusive dates of the proposed operation, location and proposed menu items. 2.3 Permit Issuance: A permit shall be issued by the Health Officer after receipt of the application and an inspection of the premises reveals compliance with minimum re- quirements and upon receipt of inspection fees as established by this ordinance. 2.4 No food service establishment shall operate after the effective date of this resolution except in compliance with the provisions of this ordinance. and unless there is conspicuously displayed on the premises thereof a valid and current Food Service Es- tablishment Permit. " 2.5 Permit Suspension: The Health Officer may suspend the permit to operate for failure to comply with these rules ana regulations. When a food establishment fails to comply with the demerit provisions of this ordinance, the operator shall be given the opportunity to attend a hearing called by the Health Officer for the purpose of review- ing the inspection records and arriving at a mutually satisfactory schedule of compliance with all provisions of these rules and regulations. Notwithstanding this provision of these regulations, should the inspecting officer have reasonable grounds to believe that unsanitary or other conditions exist which constitute a substantial immediate hazard to public health, he shall contact the Director of Environmental Health and/or the County Health Officer who may, without warning notice or hearing, issue a written notice that the permit to operate is immediately suspended. 2.6 Permit Suspension Appeal: Whenever a food service establishment operator feels aggrieved by the decision made by the Health Officer following a hearing, he may, within five (5) days, file a written notice of appeal with the Jefferson County Board of Health. SECTION III t; 3.1 Inspection Records: The Health Officer shall cause to be made inspections of all food service establishments at least annually, or at frequent enough intervals to assure compliance with these rules and regulations. Upon completion of the inspection, the demerit values of all violations shall be totaled and the establishment notified in writing on the inspection forms in use. 3.1a Demerit values shall be the weighted Hazard Point Values on the Food Service Establishment Inspection Report Form designated as as Form DSHS 9-106. 3.2 Hazard Point Scores: 3.2a When the hazard point total is 74 or less, all violations of Blue items must be corrected by the next regular inspection, and all violations of Red items must be corrected immediately. When the hazard point total is at least 75, but not greater than 100, or when there are 50 or more Red item points, all Red items violated must be corrected immediately and the Blue items in violation must be corrected within thirty (30) days. At that time the establish- ment shall be reinspected, and the operator shall pay the Health Department the reinspection fee as set forth in the Jefferson County Health Department fee schedùle. 3.2b When the hazard point total exceeds 75 Red item points, or exceeds !-~-7"-~t:-; -~-:~~. "":~'":~t'.~.;:..;: -. '-;"':"':'~;-:'~"'":' :,~,:, ..,:.....:-,,- :-"..-.~.-.--~,....~' ~.. ~ - -," -. - . . -,' ., .~- .. " - t. JEFFERSON COUNTY ORDINANCE 2-77 ~ Food Service Sanitation ~~ r Page 1/4 SECTION VII 7.1 Penalties: Any person violating or failing to comply with any of the provi- sions of these rules and regulations shall be guilty of a misdemeanor. In addition there- to, such person can be enjoined from continuing such violation. Each day upon which such violation occurs shall constitute a separate violation. 7.2 The prosecuting authority of the county or municipality in which any alleged violations may occur and/or the County Health Officer shall be empowered to enforce the provisions of this ordinance. 7.3 Any section of this ordinance not covered in WAC 248-84 (Rules and Regulations of the State Board of Health - Food Service Sanitation) may be waived by the Jefferson County Health Department if it causes a hardship on the operator and it can be shown that no health hazard will result. SECTION VIII " 8.1 Constitutionality: Should any section, paragraph, sentence, clause or phrase of these rules and regulations be declared unconstitutional or invalid for any reason, the remainder of said rules and regulations shall not be affected thereby. SECTION IX These rules and regulations are necessary for the prevention, supression and control of dangerous, contagious or infectious disease and shall be in full force and effect on January 8, 1985. \: JCHD/1-85 ;~;""-: 7:-::~'!' :-.~- ·:!::~-7~-~""':~...:·:~~·· :-; .':,,:;'~.·-7 ::~";f :··;;7~:~"~:-" ,..,.-- -__., .' ..~ '::<:'- __.""H...,-:-~,,,__-c_ . ' L , '", . " ~¡. .' JEFFERSON COUNTY ORDINANCE 2-77 Food Service Sanitation Page #3 100 total points, the establishment's Foòd Service Permit is sub- ject to immediate suspension and closure of the establishment by the Directoròf Environmental Health or the County Health Officer, if, in the opinion of the inspecting officer, an immediate health hazard exists, or if the establishment has on record a hazard point total of 40 or more on the last previous inspection. 3.2c In the case of temporary food service establishments, violations must be corrected within a specified period of time, not to exceed 24 hours. All Red item points shall be corrected immediately. Failure to comply with such notice shall result in immediate sus- pension of the permit. SECTION IV 4.1 Additional Provisions: In addition to those requirements set forth by the State Board of Health Rules and Regulations, and the interpretation by the U. S. Public Health Service Food Service Sanitation Manual, 1976 Edition, the following stipulations shall also be met: 4.la All food service establishments, other than temporary establishments, that are constructed or extensively reconstructed after the effective date of this ordinance, shall have toilet andhandwashing facilities for each sex which are available to the public and which are avail- able without passing through a food processing or storage area. 4.lb All threaded water taps inside or outside the establishment shall be equipped with approved siphon breakers or other backflow pre- vention devises. .' 4.lc Where hand dishwashing is in use, all food service establishments that are constructed or extensively reconstructed after the effec- tive date of this ordinance shall provide a separate drain connected metal compartment with convenient spray attachment adjacent to, but separate from, the sink washing compartment for the purpose of scrap- ing and pre-rinsing eating ana drinking utensils. 4.ld It shall be the duty of the operator of every establishment to see that all food service workers are in compliance with State Law re- quiring such workers to obtain valid Food Service Workers' Permits. 4.1e Access to Establishments: The Health Officer, after proper identi- fication, shall be permitted to enter any food establishment at any reasonable time for the purpose of inspecting the establishment and/ or equipment to determine compliance with these regulations. SECTION V 5.1 Fees as per Jefferson County Health Department Fee Schedule. SECTION VI 6.1 Review of Plans: Prior to the construction or remodeling of any food service establishment, plans for such construction or remodeling shall be submitted to the Health Department for review and approval prior to issuance of a building permit commencing any construction or remodeling. -. -r-- - __.......... ,. ,- ... ~""'r:""..~__~~~__.'7"""'_-:'___.'__-:-'_.'~_' . ;¡;;< , . .:. --- --- ---~_._--- _._~--_._---._--_.-._._- ----_.~_..__..- ----------- ;,'::{~;~:i,r:A ., " ,,*,,,it~f~: i'~tltt , '~WI " "...... ,r· i ;. . ,,' '} 'ii'" ,1~'\'i" -" .--'tj\'-t}' . ", _ _,~¡',x-':Z ')./:; ,?···~".;\:*,~~1~~ ,i~lá,~~l~ ; .f" (, ¡ÍÎ,ld11 't...-.. Affidavit of Publication STATE OF WASHINGTON) COUNTY OF JEFFERSON) ss, FRANK W, GARRED, being sworn, soys he is the publisher of the Port T ownsendlJefferson County leader, 0 weekly newspaper which has been established, published in the English language and circulated continuously os 0 weekly newspaper in the town of Port Townsend, in said County and State, and for general circulation in said county for more than six (6) months prior to the dote of the first publication of the Notice hereto at- tached, and that the said Port Townsend/Jefferson County leader was on the 27th day of June 1941, approved os 0 legal newspaper by the Superior Court of said Jefferson County, and that annexed is true copy of the Notice of public hearing proposed additions to Ordinance #2-77 Rules and Regulations of public food service establishments .I., os it appeared in the regular and entire issue of said paper itself and not in 0 supplement thereof for 0 period of one consecutive weeks, beginning on the 6th September 89 ,19_, day of and ending on the 6th day of September 19~, and that said newspaper was regularly distributed to its subscribers during 011 of this period, That the full amount of$71.50 per column inch for Subscribed and SWOlI> Ie> -before !TIe this 6 thday of September~ 89 ,19__, - r'~~~j~f ' N()lary f'u1)hc In and for the State of Washington, residing at Hadlock, 15 \,' Qe 4291