Chapter 12.36
SKAGIT COUNTY FOOD ESTABLISHMENTS*
Sections:
12.36.003 Adoption of Chapter 246-215 WAC.
12.36.030 Suspension and revocation of permits.
12.36.046 On-site sewage disposal system serving a food service establishment.
12.36.047 Water system serving a food service establishment.
12.36.070 Interference with notices.
12.36.075 Hearings and appeals.
12.36.080 Prior inconsistent rules and regulations repealed.
* Prior legislation: Ord. 15487.
12.36.003 Adoption of Chapter 246-215 WAC.
These rules and regulations adopt as minimum requirements Chapter 246-215 WAC, Food Service, as now codified or hereafter amended. When a section of these regulations conflicts with Chapter 246-215 WAC, the more restrictive regulation shall apply. (Ord. O20110012 Att. C (part))
12.36.007 Applicability.
These regulations shall apply to all food establishments, as defined in Chapter 246-215 WAC. (Ord. O20110012 Att. C (part))
12.36.010 Definitions.
Terms used in this regulation shall have the meaning provided in WAC 246-215-011, adopted by reference unless otherwise provided below.
(1) “Administrative hearing” means a meeting with the Skagit County Public Health Officer.
(2) “Approved water service system” refers to public systems only and means substantially in compliance with Chapter 246-290 or 246-291 WAC.
(3) “Health Officer” means the Skagit County Health Officer or authorized representative.
(4) “Imminent health hazard” is as defined in Chapter 246-215 WAC and can also mean:
(a) “Public health emergency”; or
(b) Any other event or situation determined by the Health Officer to present a danger to the public health.
(5) “Permit” means a written permit issued by the Health Officer to the operator of a food service establishment.
(6) “Operator” means the person in charge of the day-to-day operations of a food service establishment. An “operator” may include an owner, manager or employee.
(7) “Permit holder” means operator.
(8) “Public health emergency” means imminent health hazard.
(9) “Critical” means all violations classified as a red critical item on the current or subsequently adopted State of Washington Department of Health, Food Service Establishment Inspection Report Form.
(10) “Temporary food service establishment” shall mean a food service establishment that operates at a fixed location with a fixed menu for a period of time of not more than twenty-one (21) consecutive days or not more than three (3) days per week over a season in conjunction with a single event or celebration where the purpose of the food service establishment (including local and community events, church dinners and political fund raisers) is to serve the public, whether or not the permit holder charges for the food. (Ord. O20110012 Att. C (part): Ord. 18339 (part), 2001: Ord. 10651 (part), 1985: Res. 9167 (part), 1982; Res. 8853 (part), 1981)
12.36.020 Permits.
(1) Any person operating a food service establishment must have a valid permit from the Health Officer. The permit holder shall post the permit in a conspicuous location in the food service establishment.
(2) The Health Officer may:
(a) Suspend the permit upon violation of any part of this Chapter by the permit holder;
(b) Revoke the permit after an opportunity for a hearing by the Health Officer.
(3) All permits are the possession of the Health Officer and must be returned to the Health Officer upon suspension or revocation.
(4) Expiration Dates. All permits shall end on a date set by the Health Officer.
(5) Nontransferability of Permits.
(a) No permit shall be transferable to another operator.
(b) No permit entitles the permit holder to conduct the food service business in any place other than the location specified on the permit. (Ord. O20110012 Att. C (part): Ord. 18339 (part), 2001: Ord. 10651 (part), 1985: Res. 9167 (part), 1982: Res. 8853 (part), 1981)
12.36.030 Suspension and revocation of permits.
(1) Suspension of Permits. Permits may be suspended by the Health Officer in the event that:
(a) A public health emergency exists; or
(b) An inspection score exceeds seventy (70) red critical points and/or one hundred (100) total points, during one (1) inspection; or
(c) The inspection score exceeds forty (40) or more repeated red critical points on any two (2) inspections within a twelve (12) month period; or
(d) The inspection score shows the violation(s) triggering the reinspection are repeated within thirty (30) days of the previous inspection.
(2) Reinstatement of Suspended Permits. Upon suspension of a permit, the permit holder must provide a risk control plan, including a description of the corrections made, and how the permit holder will ensure violations leading to the permit suspension will not recur. The Health Officer may require an administrative hearing. Once the Health Officer is assured the permit holder will comply with the requirements of these regulations, the permit shall be reinstated, conditioned on compliance with the approved risk control plan.
(3) Revocation of Permits. For serious or repeated violations of these rules and regulations, or for interference with the Health Officer in the performance of duties, the permit may be revoked.
After revocation of a permit, the applicant must wait a minimum of six (6) months to reapply for a permit. (Ord. O20110012 Att. C (part): Ord. 18339 (part), 2001: Res. 8853 (part), 1981)
12.36.040 Inspections.
(1) Food service establishment inspections will be completed by the Health Officer on a regular basis. The permit holder will:
(a) Correct any violation that is an imminent health hazard immediately.
(b) Other Items in Violation. All blue or nonimminent health hazards must be corrected within a specified period of time not to exceed thirty (30) days unless a compliance schedule is established. A compliance schedule will list items to be corrected and a specific and reasonable time period allowed for correction. The compliance schedule will be dated and signed by the Health Officer and the operator in charge of said food service establishment.
(2) Food service establishment inspection results will be provided to the permit holder following an inspection. (Ord. O20110012 Att. C (part): Ord. 18339 (part), 2001: Res. 9167 (part), 1982)
12.36.046 On-site sewage disposal system serving a food service establishment.
(1) The operator of a food service establishment served by an on-site sewage disposal system shall be responsible for ensuring an inspection of the on-site sewage disposal system is performed once every calendar year. This inspection must be done by an operations and maintenance specialist certified by the Skagit County Public Health Department in accordance with SCC 12.05.160.
(2) A failing on-site sewage disposal system will be grounds for permit suspension unless a compliance schedule has been approved by the Health Officer. (Ord. O20110012 Att. C (part): Ord. 18339 (part), 2001)
12.36.047 Water system serving a food service establishment.
A food service establishment shall be served by an approved water system in accordance with Chapter 246-290 or 246-291 WAC and Chapter 12.48 SCC. The water system must be designed for and continually meet the needs of the food service establishment. (Ord. O20110012 Att. C (part): Ord. 18339 (part), 2001)
12.36.050 Enforcement.
It shall be the duty of the Health Officer to enforce the provisions of this Chapter.
In the performance of this duty, the Health Officer is hereby authorized to enter, at any reasonable hour, any premises as may be necessary in the enforcement of these rules and regulations. (Ord. O20110012 Att. C (part): Ord. 18339 (part), 2001)
12.36.060 Penalties.
Any person in violation of this Chapter may be subject to:
(1) The provisions of WAC 246-215-300; and
(2) A fine as listed in the current Skagit County Public Health Schedule of Charges.
(a) Each day on which such violation or failure continues shall constitute a separate offense.
(3) Nothing herein contained shall exempt an offender from any other suit, prosecution or penalty provided by law. (Ord. O20110012 Att. C (part): Ord. 18339 (part), 2001)
12.36.070 Interference with notices.
No operator shall remove, mutilate or conceal any notice or placard of the Health Officer posted in or on any premises of a public place except by permission of the Health Officer. (Ord. O20110012 Att. C (part): Ord. 18339 (part), 2001)
12.36.075 Hearings and appeals.
(1) Request for Reconsideration. Persons aggrieved by a notice of violation, order, fine or assessed costs issued by the Health Officer pursuant to this Chapter may request a hearing for reconsideration with the Health Officer for the purpose of disputing or requesting a stay or modification of such notice, order, fine or assessed costs.
(a) A request for a reconsideration hearing shall be made in writing and served to the Health Officer within fourteen (14) calendar days of the serving of the notice, order, fine or assessed costs. The request shall be made by fully completing and submitting a request for hearing form supplied by SCPHD.
(b) The Health Officer shall hold a hearing not less than thirty (30) days from receipt of the request for a reconsideration hearing unless mutually agreed upon in writing by the Health Officer and person requesting the appeal.
(c) Upon holding the hearing requested, the Health Officer shall provide written decision either modifying, reversing, or sustaining the order, fine or assessed costs within five (5) working days of the hearing.
(2) Appeal of Health Officer Reconsideration to Board of Health. The aggrieved party may make a written request to appeal the Health Officer’s decision of reconsideration to the Board of Health within fourteen (14) calendar days of the date the decision is issued.
(a) The request for appeal must be served to the Skagit County Health Department with a copy to the Skagit County Board of Health.
(i) A fee in the amount listed in the most current Skagit County Health Department Schedule of Charges is due and payable to the Skagit County Health Department when an appeal of the Health Officer’s reconsideration decision is made to the BOH.
(b) The BOH will hear the appeal within sixty (60) days of receipt of the application to appeal the Health Officer’s decision.
(3) The filing of a request for hearing or appeal pursuant to this Section shall operate as a stay from a fine or civil penalty. There shall be no stay from a Health Officer order for immediate compliance with this Chapter when a public health threat exists. (Ord. O20110012 Att. C (part))
12.36.080 Prior inconsistent rules and regulations repealed.
This Chapter shall be supplemental to all prior applicable County and/or State rules and regulations regarding food service establishments; provided, that any applicable prior County rules and regulations or resolutions pertaining to food service establishments if in conflict with this Chapter are herewith superseded and repealed. (Ord. O20110012 Att. C (part): Ord. 18339 (part), 2001: Res. 8853 (part), 1981)
12.36.090 Severability.
If any section or provision of this Chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of this Chapter as a whole, or any section, provision or part thereof not adjudged invalid or unconstitutional. (Ord. O20110012 Att. C (part): Ord. 18339 (part), 2001: Skagit County Board of Health Regulations, January 9, 1968)