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HomeMy WebLinkAboutResolutions - 1975.06.05 - 14675The HUMAN RESOURCES ommittee, b y Wallace F. Gabler, Jr. Chairman, reports -Miscellaneous Resolution No. with the recommendation that the resolution 7125 June 5, 1975 REPORT By Mr. Gabler IN RE:MISCELLANEOUS RESOLUTION #7125 - AMENDMENT TO SANITARY CODE To the Oakland County Board of Commissioners - Mri Chairman, Ladies and Gentlemen: be adopted.. HUMAN RESOURCES COMMITTEE Wallace F. Gablet, Jr., Chairman May 22, 1975 RESOLUTION NO. RE: AMENDMENT TO SANITARY CODE BY: HUMAN RESOURCES COMMITTEE - Wallace F. Gabler, Jr., Chairman TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, it is necessary to amend Article III, Section 8 of the Oakland County Sanitary Code by striking out the present Section 8 and inserting therein a new Article III, Section 8; and WHEREAS, it is necessary to further amend the Sanitary Code by adding new Articles IV, V and VI; and WHEREAS, the Human Resources Committee recommends that Article III, Section 8 of the Sanitary Code be amended by striking out the present Article III, Section 8 in its entirety and inserting therein a new Article III, Section 8, and by further amending the Oakland County Sanitary Code by adding new Articles IV, V and VI. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the amendment to Article III, Section 8 and the addition of new Articles IV, V, and VI of the Oakland County Sanitary Code as follows: ARTICLE III Section 8. A person who has been denied a permit as required by this Article shall have the right to appeal by petition in writing and directed to the Oakland County Department of Health and such appeal shall be heard before the Sanitary Code Appeal Board. Such petition must be accompanied with a fee and must be submitted within thirty (30) days from the receipt of the written notice of the denial. ARTICLE IV To protect the public health and safety and to establish sanitary standards for the control of the sale, storage, processing, dis- tribution, display and serving of food in Oakland County. It is the intent of this Code to safeguard the health of the public who may patronize any such food-handling establishment in Oakland County, and further to protect the public from any health nuisance or health hazard conditions arising from the operation of such establishment. 7125 Section 1 - PERMIT REQUIRED: It shall be unlawful to operate a food establishment or engage in the business of processing, handling, or storing foods in the County of Oakland, State of Michigan, for wholesale distribution or engage in the business of selling, handling, delivering, or serving foods at retail for human con- sumption in the County of Oakland, Michigan, without having first obtained a permit therefore, from the Oakland County Department of Health, except as hereinafter provided. Section 2 - APPLICATION FOR PERMIT: Any person desiring a permit under this regulation shall make application in writing, on forms provided by the Health Officer. Such application shall state the applicant's full name, residence, the address of the business pro- posed to be operated, and whether such applicant is individual, firm, or corporation. In the case of a partnership, it shall state the full names and addresses of all partners, and in the case of a corporation, it shall state the name and address of all officers. It shall describe the nature of the business pro- Dosed to be operated, and furnish such other information as may be required for the proper enforcement of this regulation. Section 3 - PERMIT FEE: The permit fee for all food establishments shall accompany the application. This fee is non-returnable. The payment of such fee in no way relieves the applicant from the pay- ment of other license fees as may be assessed by the local unit of government. Section 4 - INVESTIGATION AND REPORT: All applications shall be received by the Health Officer, who shall make or cause to be made, an investigation of the premises whereon the applicant pro- poses to conduct a food establishment. If,after such investigation, the Health Officer deems the premises to be sanitary and suitable for a food establishment, he shall favorably endorse such applica- tion and issue the permit and transmit the same to the applicant. If the Health Officer finds that the applicant is not maintaining a sanitary food establishment, or is not furnishing clean, pure, healthy, wholesome and unadulterated food to his customers, or the premises where the applicant proposes to conduct such establish- ment are unfit for that purpose, then the Health Officer shall endorse upon said application his findings, together with a state- ment declaring why said applicant be denied a permit. Section 5 - ISSUANCE OF PERMITS AND RENEWAL OF PERMITS: Upon receipt of a favorable report, the Health Officer shall issue the permit. Upon an unfavorable report, the Health Officer shall deny the permit. The original permit period shall run one year or less from date of issue. The procedure for the renewal of permits shall be the same as in the case of original issuance of permits; each renewal permit shall be for one year; and a continuous compliance with all of the provisions of this regulation shall be necessary in order to entitle the applicant to a renewal of his permit. Section 6 - DISPLAY OF PERMIT: It shall be the duty of any person with a permit issued under this regulation to keep his permit con- spicuously displayed where it is readily observable by the public. In the case of a business conducted in a building, the permit shall be hung conspicuously upon a wall or in some other conspicuous place in said building; in the case of any person operating a food establishment in a wagon, truck, or other vehicle, such person shall keep such permit securely fastened to the interior of the vehicle so as to be readily visible at all times. - 2 - Section 7 - TRANSFER OF PERMIT: All permits issued under the provisions of this regulation shall be limited to the person or persons and place for which the permit was issued and shall be specific for the operation for which the permit was issued and shall not be transferable or assignable. Section 8 - APPEAL: A person who has been denied a permit as required by this Article shall have the right to appeal by petition in writing and directed to the Oakland County Department of Health and such appeal shall be heard before the Sanitary Code Appeal Board. Such petition must be accompanied with a fee and must be submitted within 30 days from the receipt of the written notice of the denial of the permit. Section 9 - EXCEPTIONS: The following shall be exempt from pay- ment of permit fees but shall be subject to the provisions of these regulations and interpretations of such rules and regulations as may be adopted by the Health Officer; I. Fraternal, religious ) and social organizations which sell food or furnish prepared meals for suppers, bazaars, festi- vals, parties, or other similar events for the purpose of raising money for charitable, religious, or philanthropic purposes shall be exempt from the payment of permit fees, but shall secure permits and shall be subject to all other provisions of this regulation. 2. The Oakland County Medical Care Facility, Tuberculosis San- atorium, Children's Home, Jail, Schools, Hospitals, Nursing Homes, and Homes for the Aged shall be exempt from the pay- ment of permit fees but shall be subject to all other provisions of this regulation. Sales by farmers and truck gardeners of products or produce, grown or produced by such persons, and sold on the premises where produced or grown, or at the Oakland County Farmer's Markets, shall be subject to all such provisions of this regulation felt applicable by the Health Officer, except that no permit shall be required of such persons. 4„ Delivery trucks or wagons used exclusively for the delivery of foods purchased and properly wrapped at a duly licensed food establishment shall be exempt from the permit provi- sions of this regulation but shall be subject to all other applicable provisions of this regulation. Section 10 - DEFINITIONS: The following definitions shall apply in the interpretation and enforcement of this regulation: 1. ADULTERATED shall mean the condition of a food if it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health, if it bears or contains any added poisonous or deleterious sub- stance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established; if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is other- wise unfit for human consumption; if it has been processed, Prepared, packed or held under insanitary conditions, -whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; if it is in whole or in part the product of a diseased animal or an animal which had died otherwise than by slaughter; or if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health. 2. APPROVED shall mean acceptable to the Health Officer based upon his determination as to conformance with appropriate standards and good public health practice. 3. CLOSED shall mean fitted together snugly leaving no openings large enough to permit the entrance of vermin. 4. CORROSION RESISTANT MATERIAL shall mean a material which maintains its original surface characteristics under pro- longed influence of the food, cleaning compounds, and sanitiing solution which may contact it. 5. EASILY CLEANABLE shall mean readily accessible and of such material and finish, and so fabricated that residue may be completely removed by normal cleaning methods. 6. EMPLOYEE shall mean any person working in a food service establishment who transports food or food containers, who engages in food preparation or food service, or who comes in contact with any food utensils or equipment. 7. EQUIPMENT shall mean all stoves, ranges, hoods, meat blocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, and similar items, other than utensils, used in the operation of a food service establishment. 8. FOOD shall mean any raw, cooked or processed edible sub- stances, beverage, or ingredients used or intended for use or for sale in whole or in part for human consumption. 9. FOOD-CONTACT SURFACES shall mean those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food. 10. FOOD-PROCESSING ESTABLISHMENT shall mean a commercial estab- lishment in which food or beverage is processed or otherwise prepared and packaged for human consumption. 11. FOOD-SERVICE ESTABLISHMENT shall mean any fixed or mobile restaurant; coffee shop; cafeteria; shortorder cafe; lunch- eonette, grill; tea room; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night-club; roadside stand; industrial feeding establishment; private, public, or non- profit organization or institution routinely serving food; catering kitchen; commissary or similar place in which food or drink prepared for sale or for service on the premises or elsewhere; and any other eating or drinking establish- ment or operation either stationary or mobile where food is served, processed or provided for the public with or without charge. 12. FOOD MARKET - The term "food market" shall mean retail grocery, meat market, poultry market, fish market, fresh fruit and vegetable market, delicatessen, confectionery, candy kitchen, nut store, retail bakery store, or any other establishment, whether fixed or movable, where food, intended for human consumption off the premises, is manu- factured, produced, stored, prepared, handled, transported, sold or offered for sale at retail. 13. HEALTH OFFICER shall mean the director of the Oakland County Department of Health and/or his authorized representative or agent. 14. KITCHENWARE shall mean all multi-use utensils other than tableware used in the storage, preparation, conveying, or serving of food. 15. MISBRANDED shall mean the presence of any written, printed, or graphic matter upon or accompanying food or containers of food, which is false or misleading or which violates any applicable State or local labeling requirements. 16. PERISHABLE FOOD shall mean any food of such type or in such condition as may spoil. 17. PERSON shall mean an individual or a firm, partnership, com- pany, corporation, trustee, association, or any public or private entity. 18. POTENTIALLY HAZARDOUS FOOD shall mean any perishable food which consists in whole or in part of milk or milk pro- ducts, eggs, meat, poultry, fish, shellfish, or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms. 19. SAFE TEMPERATURES as applied to potentially hazardous food shall mean temperatures of 45 ° F. or below and 140 ° F. or above. 20. SANITIZE shall mean effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the health authority as being effective in destroying micro-organisms, including pathogens. 21. SEALED shall mean free of cracks or other openings which permit the entry or passage of moisture. 22. SINGLE SERVICE ARTICLES shall mean cups, containers, lids, or closures; :plates, knives, forks, spoons, stirrers, paddles; straws, place mats, napkins, doilies, wrapping material; and and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic, or other readily destructible materials, and which are intended for one usage only, then to be discarded. 23. TABLEWARE shall mean all multi-use eating and drinking uten- sils, including flatware (knives, forks, and spoons). 24. TEMPORARY FOOD-SERVICE ESTABLISHMENT shall mean any food-service establishment which operates as a fixed location for a temporary period of time, not to exceed two weeks, in connection with a fair, carnival, circus, public exhibition, or similar transitory gathering. 25. UTENSIL shall mean any tableware and kitchenware used in the storage, preparation, conveyance, or serving of food. 26. WHOLESOME shall mean in sound condition, clean free from adulteration, and otherwise suitable for use as human food. 27. FOOD ESTABLISHMENT this term shall extend and be applied to food-processing establishments, food service establishments and food markets. Section 11 - DISEASE CONTROL: No person while affected with_any disease in a communicable form, or while a carrier of such a disease, or while afflicted with boils, infected wounds, sores, or an acute respiratory infection, shall work in any area of a food-service establishment in any capacity in which there is a likelihood of such person contaminating food or food-contact sur- faces with pathogenic organisms, or transmitting disease to other individuals; and no person known or suspected of being affected with any such disease or condition shall be employed in such an area or capacity. If the manager or person in charge of the estab- lishment has reason to suspect that any employee has contracted any disease in a communicable form or has become a carrier of such disease, he shall notify the Health Officer immediately. 5 Section 12 - FOOD HANDLER'S PERMITS: All persons engaged in handling exposed food shall have unexpired food handler's per- mits issued to them by the Oakland County Department of Health. Such permits shall be kept on file at the food establishment. The issuance of such permits shall be based upon uniformly suf- ficient medical evidence which, in the opinion of the Health Officer, will insure insofar as is practicable freedom from a communicable disease or a carrier state. The Health Officer may make such other reasonable requirements for the issuance or renewal of such permits as he may deem necessary. Section 13 - PROCEDURE WHEN INFECTION SUSPECTED: When -a condi- tion arises which indicates the possibility of transmission of infection from any food establishment employee, the Health Officer is authorized to require any or all of the following measures: A. The immediate exclusion of the employee from all food establishments. B. The immediate closing of the food establishment concerned until no further danger of disease outbreak exists in the opinion of the Health Officer. C. Adequate medical examination of the employee and of his associates and such laboratory examinations as may be indi- cated. Section 14 - PERSONAL CLEANLINESS REQUIRED: All persons shall wear clean and appropriate clothing, be clean about their person, and be hygienic in their habits. Effective hair restraints shall be used by persons engaged in the manufacturing, preparing, or serving- of food and beverage. No employee shall resume work after using the toilet room without first washing his hands with soap and warm water. No person shall expectorate in a food establish- ment. No person shall use tobacco in any form in any area in which food is prepared or act in any manner detrimental to the cleanliness and sanitation of the establishment. Section 15 - CONSTRUCTION, RECONSTRUCTION & ALTERATION OF FOOD ESTABLISHMENT; It shall be unlawful for any person to remodel or alter any existing building or portion thereof which is being used or is proposed for use as a food establishment or to construct a new building which is to be used in whole or in part as a food establishment without first having submitted duplicate plans and specifications thereof, prepared by a registered architect or engineer, to the Health Officer. Such plans shall be accompanied by such other data as will completely describe the food establish- ment or the addition or alteration proposed. If approved, one set of plans bearing such approval in writing shall be returned to the applicant. If not approved, the manner in which such plans do not meet the requirements of this ordinance shall be marked on both sets of plans, and one set of plans shall be returned to the appli- cant. Compliance with this regulation in no way relieves the individual from complying with all other applicable state and local ordinances, regulations and codes relating thereto. Section 16 - TOILET FACILITIES: Every food-processing establish- ment, every food market, every food service establishment, except duly licensed trucks or wagons, shall be provided with adequate and conveniently located toilet facilities in the building or building complex conforming with pertinent local ordinances and the laws of the State of Michigan. Toilet fixtures shall be of a 01,0 01100 6 sanitary design and readily cleanable. All dressing rooms and toilet facilities, including rooms and fixtures, shall be kept in a clean condition, in good repair, well lighted, free from flies and other insects, and ventilated to the outside atmosphere. Toilet rooms shall be walled from ceiling to floor and shall be provided with self-closing, tight-fitting doors. Floors and walls shall be constructed of a smooth non-absorbent material. Every toilet room shall be provided with sanitary toilet paper, easily clean- able receptacles for waste materials, and such receptacles in toilet rooms for women shall be covered. Where toilet facilities are provided for use by the public, such facilities shall be likewise constructed and maintained and further such facilities shall be separated from the kitchen or other food preparation areas. All new and remodeled establishments shall provide separate toilets for each sex. Section 17 - LAVATORY REQUIREMENTS: Every food-processing establishment, every food market, and every food service establish- ment, except duly licensed trucks or wagons in which prepackaged food is displayed for sale, shall be provided with adequate, con- veniently located handwashing facilities for its employees, including a lavatory or lavatories equipped with hot and cold running water, soap, and approved individual sanitary towels or other approved hand-drying devices. Lavatories shall be located within all toilet rooms. In all establishments lavatories shall also be located within the area where food is being prepared. Lavatories shall be adequate in size and number and shall be so located as to permit convenient and expeditious use by all employees. Lavatories shall be installed in accordance with applicable state and local law, ordinances, and regulations, or in the absence thereof, as approved by the Health Officer. Lavatory facilities shall be separate from those sinks used for equipment washing and shall be used exclusively for handwashing Section 18 - DRESSING. ROOMS AND LOCKERS: Adequate facilities shall be provided for the orderly storage of the employees' cloth- ing and person belongings. Where employees routinely change clothes within the establishment, one or more dressing rooms or designated areas shall be provided for this purpose. Such '. ig- nated area shall be located outside of the food preparation, storage, and serving areas, and the utensil-washing and storage areas and toilet rooms. Provided, that when, approved by the Health Officer, such an area may be located in a storage room where only completely packaged food is stored. Designated areas shall be equipped with adequate lockers, and lockers or other suitable facilities shall be provided in. dressing rooms. Dressing rooms and lockers shall be kept neat and clean. Section 19 - WATER SUPPLY: The water supply shall be adequate, safe, and potable. The water supply shall be obtained from a municipal water supply or a well, which conforms to the Michigan Department of Health's "Regulations for Certain Water Supplies in Michigan", a copy of which is on file with the County Clerk. All new establishments shall use a municipal supply when available. Hot and cold running water, under pressure, shall be provided in all areas where food is prepared, or equipment, utensils, or containers are washed. Ice used for any purpose shall be made from water which comes from an approved source and shall: be used only if it has been manufactured, stored, transported, handled, and dispensed in a sanitary manner. Section 20 - SEWAGE DISPOSAL: All sewage shall be disposed of in a municipal system, or, in the absence thereof, in a manner con- forming to Article III of the Oakland County Sanitary Code. Section 21 -.PLUMBING: Plumbing shall be so sized, installed in compliance with applicable state or local codes and maintainedas to carry adequate quantities of water to required locations through- out the establishment; as to prevent contamination of the water supply; as to properly convey sewage and liquid wastes from the establishment to the sewerage or sewage disposal system; and so that it does not constitute a source of contamination of food, equipment, or utensils, or create an insanitary condition or nuisance. Section 22 - GARBAGE AND RUBBISH DISPOSAL: All stored garbage and rubbish containing Coca soil shall be kept in leak-proof, non-absorbent, tightly covered containers. Provided, that such containers need not be covered when stored in a special vermin- proof room or enclosure, or in a food waste refrigerator. All other rubbish shall be stored in containers, rooms, or areas in an approved manner. The rooms, enclosures, areas, and containers used shall be adequate for the storage of all food wastes and rubbish accumulating on the premises. Adequate cleaning facilities shall be provided, and each container, room, or area shall be thoroughly cleaned after emptying or removal of garbage and rub- bish. Food waste grinders, if used, shall be installed in compliance with state and local standards and shall be of suitable construc- tion. The disposal of all garbage and rubbish shall be sufficiently frequent and in such a manner as to prevent a nuisance. Section 23 - FLOORS: The floor surface of all rooms and areas in which food is stored or prepared and in which utensils are washed, and in walk-in refrigerators, dressing Or locker rooms, and toilet rooms, shall be of smooth non-absorbent, grease resistant materials, with coved junctures and so constructed as to be easily cleanable. All floors shall be kept clean and in good repair. Floor drains shall be provided in all rooms where floors are sub- jected to flooding type cleaning or where normal operations release or discharge water or other liquid waste on the floor All areas where food is served shall be kept clean and properly drained, and the floor surfaces in such areas shall be finished so as to facili- tate maintenance, cleanability and minimize dust. Section 24 - WALLS AND CEILINGS: The walls and ceilings of all rooms shall be kept clean and in good repair. All walls of rooms or areas in which food is prepared, or utensils or hands are washed, shall be durable, easily cleanable, smooth, and light colored, and shall have washable surfaces. Section 25 - DOORS AND WINDOWS: All doors, windows and screens shall be kept clean and in good repair. All openings shall be effectively screened or otherwise provided with other effective means to prevent the entrance of flies and other insects. Section 26 - VENTILATION: All rooms in which food is prepared or served or utensils are washed, dressing or locker rooms, toilet rooms and garbage and rubbish storage areas shall be well ventilated. Ventilation hoods and devices shall be designed to prevent negative atmospheric conditions and to prevent grease or condense from dripping into food or onto food-preparation surfaces. Grease extraction systems shall be provided with grease filters and shall be so designed as to be readily removable for cleaning or replace- ment. Ventilation systems shall comply with applicable state and local fire prevention requirements and shall, when vented to the outside air, discharge in such manner as not to create a nuisance. Section 27 - LIGHTING: At least 20 foot candles of light reasonably free from glare shall be required on all working sur- faces and at least 10 foot candles on all other surfaces and equipment, in food preparation, utensil-washing and hand-washing areas, and toilet rooms. Sources of artificial light shall be provided and used to the extent necessary to provide the required amounts of light on these surfaces when in use and when being cleaned. At least 5 foot candles of light at a distance of 30 inches from the floor shall be required in all other areas, includ- ing dining areas during cleaning operations. Section 28 - SANITARY DESIGN, CONSTRUCTION & INSTALLATION OF EQUIPMENT AND UTENSILS: All equipment and utensils shall be so designed and of such material and workmanship as to be smooth, easily cleanable, and durable, and shall be in good repair; and the food contact surfaces of such equipment and utensils shall, in addition, be easily accessible for cleaning, non-toxic, cor- rosion-resistant and relatively non-absorbent. All equipment shall be so installed and maintained as to facilitate the cleaning thereof, and of all adjacent areas. Equipment in use at the time of adoption of this regulation, which does not meet fully the above requirements, may be continued in use if it is in good repair, capable of being maintained in a sanitary condition, and the food contact surfaces are non-toxic. All equipment installed on or after the effective date of this regulation for use in the cleansing and bactericidal treatment of food service utensils and in the preparation, storing, handling or serving of food or drink for consumers shall meet the National Sanitation Foundation Standards and/or the construction standards of the Baking Industry Sanitation Standards Committee. Single service articles shall be made of non-toxic material. Section 29 - CLEANLINESS OF EQUIPMENT AND UTENSILS: All eating and drinking utensils shall be thoroughly cleaned and sanitized after each usage. All kitchenware and food-contact surfaces of equipment, exclusive of cooking surfaces of equipment, used in the preparation or serving of food or drink, and all food-storage utensils, shall be thoroughly cleaned after each use. Cooking surfaces of equipment shall be cleaned at least once a day. All utensils and food-contact surfaces of equipment used in the preparation, service, display, or storage of potentially hazardous food shall be thoroughly cleaned and sanitized prior to such use. Non-food-contact surfaces of equipment shall be cleaned at such intervals as to keep them in a clean and sanitary condition. After cleaning and until use, all food-contact surfaces of equip- ment and utensils shall be so stored and handled as to be protected from contamination. All single-service articles shall be stored, handled, and dispensed in a sanitary manner, and shall be used only once. Food-service establishments which do not have adequate and effec- tive facilities for cleaning and sanitizing utensils shall use single-service articles. Section 30 - METHODS AND FACILITIES FOR WASHING AND SANITIZING: A. Prior to washing, all equipment and utensils shall be preflushed or prescraped and, when necessary, presoaked to remove gross food particles and soil. B. Effective concentrations of a suitable detergent shall be used in both manual and mechanical dishwashing. C. When manual dishwashing is employed, equipment and utensils shall be thoroughly washed in a detergent solution, which is kept reasonably clean, and then shall be rinsed free of such solution. All eating and drinking utensils and, where required, the food-contact surfaces of all other equipment and utensils shall be sanitized by one of the following methods: 1. Immersion for at least one half minute in clean hot water maintained at a temperature of at least 170 ° F. 2. Immersion for a period of at least one minute in a sani- tizing solution containing: a. At least 100 ppm of available chlorine but not less than 50 ppm at a temperature not less than 75 ° F; or b. At least 25 ppm of available iodine in a solution having pH not higher than 5.0 and a temperature of not less than 75 ° F; or c. Any other chemical-sanitizing agent which has been demonstrated to the satisfaction of the Health Officer to be effective and non-toxic under use conditions, and for which a suitable field test is available in the establishment. Such sanitizing agents, in use solution, shall provide the equivalent bactericidal effect of a solution containing at least 100 ppm of available chlorine at a temperature not less than 750 F. 3. Equipment too large to treat by methods (a) and (b) above may be treated: a. With live steam from a hose, in the case of equipment in a steam cabinet in which steam can be confined under pressure; or b. By rinsing with or submersion in boiling water; or c. By spraying or swabbing with a chemical sanitizing solution of at least twice the minimum strength required for the particular sanitizing solution when used for immersion sanitization. D. A three-compartment sink with flanking method drainboards shall be provided and use wherever washing and sanitization of equipment or utensils are conducted manually. Provided, that establishments were the only utensils be washed are limited to spatulas, tongs, and similar devices, and when the only equipment to be cleaned is stationary and does not require disassembly for proper cleaning, a one-compartment sink may be approved by the Health Officer for this purpose. - 10 - At least a two-compartment sink shall be provided and used for washing kitchenware and equipment which does not require sanitization. Single compartment utility sinks, such as cooks and bakers' sinks, may be used for the rinsing of utensils. E. Sinks used for manual washing and sanitizing operations shall be adequate length, width, and depth to permit the complete immersion of the equipment and _utensils, and each compartment of such sinks shall be supplied with hot and cold running water. Dish baskets shall be of such design as to permit complete immersion of the utensils and equipment components being sanitized therein. F. When hot water is used as the sanitizing agent in manual operations, thermometers, accurate to + 2 ° F., shall be provided convenient to the sink to permit frequent checks of the water temperature. G. Dish tables and drainboards, of adequate size for proper handling of soiled utensils prior to washing and for cleaned utensils following rinsing or sanitization, shall be pro- vided, and shall be so located or constructed as not to interfere with the proper use of the dishwashing facilities. Provided, that drainboards shall not be required for cooks' and bakers' rinse sinks. H. SinkS, dish tables, and drainboards shall be constructed of stainless steel metal or equivalent, suitably reinforced, of such thickness and design as to resist denting and buckling, and sloped so as to be self-draining. A quick drain must be provided and properly installed on soiled dish table or soiled dish drainboard. I. Dishwashing machines shall be of such materials and so designed and constructed as to be easily cleanable, and shall be capable, when operated properly, of rendering all surfaces of equipment and utensils clean to sight and touch, and sanitized. J. When spray-type dishwashing machines are used, the following additional requirements shall be met: 1. Wash water shall be kept clean, and rinse water tanks shall be so protected by distance, baffles, or other effective means as to minimize the entry of wash water into the rinse water. 2. The flow pressure shall not be less than 15 nor more than 25 pounds psi on the water line at the machine, and not less than 10 pounds psi at the rinse nozzles. A suitable gauge cock shall be provided immediately upstream from the final rinse sprays to permit checking the flew pressure of the final rinse water. 3. The wash-water temperature shall be at least 140 ° F. and in single tank conveyor machines shall be at least 160 ° F. When hot water is relied upon for sanitization, the final or fresh rinse water shall be at a temperature of at least 180 ° F. at the entrance of the manifold. When a pumped rinse is provided, the water shall be at a temperature of at least 170 ° F. When chemicals are relied upon for sani- tization, they shall be of a class or type approved by the Health Officer, and shall be applied in such concen- tration and for such period of time as to provide effective bactericidal treatment of the ecuipment and utensils. 4. Conveyors in dishwashing machines shall be accurately timed to assUre proper exposure times in wash and rinse cycles. - 11 - 5. An easily readable thermometer shall be provided in each tank of the dishwashing machine which will indicate to an accuracy of + 2 ° F. the temperature of the water of solu- tion therein. In addition, a thermometer of equal accuracy shall be provided which will indicate the temperature of the final rinse water as it enters the manifold. 6. Jets, nozzles, and all other parts of each machine shall be maintained free of chemical deposits, debris, and other soil. Automatic detergent dispensers, if used, shall be kept in proper operating condition. K. Any other type of machine, device or facilities and procedures may be approved by the Health Officer for cleaning or sanitizing equipment and utensils, if it can be readily estab- lished that such machine, device, or facilities and procedures will routinely render equipment and utensils clean to sight and touch, and provide effective bactericidal treatment as demonstrated by an average plate count per utensil surface examined, of not more than 100 colonies using the American Public Health Association Standards and Methods therefore. Section 31 - STORING OF UTENSILS: After cleaning and until use, all food contact surfaces of equipment and utensils shall be stored and handled so as to be protected from contamination. All single-service articles shall be stored, handled, and dispensed in a sanitary manner. Other utensils such as spoons, spatulas, and non-mechanical dippers shall be properly cleaned after use. Mechanical scoops used for dispensing frozen desserts when not in use shall be kept in dipper wells with clean running water. Section 32 - FOOD SUPPLIES: All food shall be from sources approved and considered satisfactory by the Health Officer and shall be clean, wholesome, free from spoilage, free from adulteration, and mis-branding and safe for human consumption. No home-canned foods shall be stored, used, or offered for sale on the premises. Section 33 - FOOD PROTECTION: All food while being stored, prepared, displayed, served, offered for sale, or transported shall be protected from contamination. All perishable food shall be stored at such temperature as will protect against spoilage. All potentially hazardous food shall be maintained at safe tempera- tures (45 ° F. or below, or 140 ° F. or above), except during necessary periods of preparation and service. Raw fruits and vegetables shall be washed before use. Stuffings, poultry, stuffed meats and poultry, and pork and pork products shall be thoroughly cooked before being served. Individual portions of food, once served to the customer shall not be served again. Provided, that wrapped food other than potentially hazardous food, which has not been unwrapped and which is wholesome may be re-served. It shall be unlawful to display or expose for sale in open recep- tacles or broken packages, vegetables, fruits or farm produce unless the same shall be kept not less than eighteen (18") inches above the floor. All foods and beverages stored or offered for sale shall be kept off the floor and shall be kept within an enclosed building which complies with the provisions of the local building code and which as been approved by the Health Officer. - 12 - However, establishments existing at the time of the adoption of these rules and regulations may be exempted from the provision requiring an enclosed building when permitted by the local unit of government. Section 34 - VERMIN CONTROL: Effective measures shall be taken to protect against the entrance into the establishment and the breeding of presence on the premises of vermin. Section 35 - CONDEMNATION OF UNFIT FOODS: Samples of food and beverages and other substances may be taken and examined by the Health Officer as often as may be necessary for the detection of unwholesomeness, contamination, or adulteration. It shall be the duty of the Health Officer to seize, condemn, or exclude from sale, delivery or distribution in Oakland County any spoiled, contaminated or adulterated food or any food, which in his opinion is unfit for human consumption. It shall further be the duty of the Health Officer to cause to be destroyed, to denature or remove from sale all food condemned as being unfit for human consumption and issue a statement to the berson in charge of such food estab- lishment state the reasons therefore. Section 36 - LABELING OF PACKAGED FOODS AND BEVERAGES: All packaged foods and beverages shall bear • the manufacturers name and address. Section 37 - HOUSEKEEPING: All parts of the establishment and its premises shall be kept neat, clean, and free of litter and rubbish. It shall be unlawful to permit litter and rubbish result- ing from the operation of the establishment to become scattered onto adjacent areas. Cleaning operation shall be conducted in such a manner as to mini- mize contamination of food and food contact surfaces. None of the operations connected with a licensed establishment shall be con- ducted in any room used as a living or sleeping quarter. There shall be no direct connection between the living or sleeping quarters and the food establishment. Soiled linens, coats, and aprons shall be kept in suitable containers until removed for laundering. No live birds or animals shall be allowed in any area used to conduct a food establishment operation. Provided, that guide dogs accompanying blind persons may be permitted in dining areas. Section 38 - INSPECTION: The power to enforce the provisions of this regulation, shall be, and the same is, hereby vested in the Health Officer and it shall be the duty of such person to visit and inspect at frequent intervals every place where food and bev- erages intended for consumption by human beings are manufactured, kept, stored, prepared, or offered for sale or other disposition. Section 39 - COMPLIANCE WITH REGULATIONS: The Health Officer shall prepare a written report of his inspection of each food- handling establishment, a copy of which report shall be given to the owner of such establishment. Such a report will enumerate in a clear, understandable manner, the nature and extent of the vio- lations or non-compliance conditions. Existing establishments may be given a reasonable length of time in which to comply with all violations which do not require immediate action. In the event of a change in ownership or in case of new establishments constructed - 1 3 - after the effective date of this regulation, compliance will be required with all sections of this regulation pertinent and relating to the nature of such proposed food-handling services. Failure to comply with the corrections and/or improvements as listed on the inspection report within a reasonable period of time as specified will result in the citation of the offender for the violation of these rules and regulations. Section 40 - RIGHT OF ENTRY: The Health Officer shall have full power at reasonable times to enter any building, room, basement, or vehicle occupied or used or which he has reasonable cause to believe is being used for the production, preparation, storage, sale, or distribution of food or beverages, or for the purpose of inspecting the premises and the utensils and equipment used therein and if, upon inspection, any food producing or distributing establishment, employee, employer, clerk, driver or other person is found to be violating any provisions of this regulation, or if the production, preparation, manufacturing, packing, storing, sale, distribution, transportation of any such food products is being conducted in a manner detrimental to the health of the employees and operatives or injurious to the quality of such food therein being produced, manufactured, packed, stored, sold or distributed, the Health Officer making such examination or inspec- tion shall thereupon issue an order or rule to a person or persons in authority or in charge of such place directing that the condi- tions be remedied within such reasonable time as in his discretion he deems proper, and unless such person, firm or corporation shall make such improvements as required by such order within the time so limited, it shall be the duty of the Health Officer to insti- tute proceedings against the person for the violation of this regulation. Provided, that should the insanitary condition found warrant such action, the establishment may be immediately closed by the Health Officer making the inspection, in which case he shall notify the person in charge of the establishment at the time of inspection in writing, stating his reasons for closing the place and a continuance to operate after receiving such a notice shall constitute a violation of this regulation. Section 41 - PENALTY FOR VIOLATIONS: Any person who shall fail to comply with any of the provisions of these rules and regulations shall be subject to prosecution for a misdemeanor; and upon con- viction thereof shall be punished by a fine not exceeding $100.00 or by imprisonment for a period not exceeding 90 days, or by both such fine and imprisonment for each offense at the discretion of the court. Section 42 - SEVERANCE CLAUSE: If any section, sentence, clause, or phrase of this regulation is for any reason held to b e unconsti- tutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this regulation, or the regulation as an entirety, it being the legislative intent that this regulation shall stand notwithstanding the invalidity of such section, sentence, clause or phrase. ARTICLE V - APPEAL BEFORE THE SANITARY CODE APPEAL BOARD Section 1 - The Oakland County Sanitary Code Appeal Board shall consist of five (5) members - not more than three (3) members shall be of the Oakland County Board of Commissioners, Committee assigned the liaison with the Health Department, with no more than two (2) of those members from any one political party; the remaining shall be two (2) citizens, non-governmental members; at least one of the five members shall be aperson licensed to practice in the State of Michigan pursuant to the provisions of Act 237 of the Public Acts of 1899, as amended (M.D.) or Act 162 of the Public Acts of 1903, as amended (D.0.), - 1 4 - to be appointed by the Chairman of the Board of Commissioners with approval of the Board of Commissioners. In the first instance, one member shall be appointed for a term ending December 31, 1975, two members appointed for a term ending December 31, 1976 and two members appointed for a term ending December 31, 1977. Thereafter, each member shall be appointed for a term of three (3) years. Each term shall expire at midnight December 31, but each member shall hold office until his successor is appointed. Section 2- The Sanitary Code Appeal Board shall meet within thirty (30) days of the filing of an appeal. The Board of Appeals shall decide all Appeals filed pursuant to this Article and may (1) issue the permit without conditions; (2) issue the permit with conditions; or (3) uphold the denial of the permit. Section 3 - Members of the Sanitary Code Appeal Board shall receive per diem at the rate of $35.00 per day. ARTICLE VI The Oakland County Health Department shall be required, within seven (7) days, to notify in writing by certified mail that a person whose permit has been denied has the right to appeal to the Oakland County Sanitary Code Appeal Board pursuant to Article V. The Human Resources Committee, by Mr. Wallace F. Gabler, Jr., Chairman, moves the adoption of the foregoing resolution. HUW.N RESOURCES. COMMITTEE " Wallac i. abler, „liairman Pursuant to rule XI-C this Board, the Finance Committee finds FISCAL NOTE June 5, 1975 BY: FINANCE COMMITTEE, RICHARD R. WILCOX, CHAIRMAN IN RE: MISCELLANEOUS RESOLUTION -0125 - AMENDMENT TO SANITARY CODE TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: the sum of $1,050.00 available in the contingen fund in the 1975 Oakland County Budget FINANCE COMMITTEE Richard R. Wilcox, Chairman #7125 June 5, 1975 Moved by Gabler supported by Daly that resOlution #7I25 be adopted. Discussion followed. Moved by Dearborn supported by Price the resolution be amended by deleting Section 3 under Article V - Members of the Sanitary Code Appeal Board shall receive per diem at the rate of $35.00 per day . Discussion followed. Vote on amendment: AYES: Pernick, Price, Aaron, Dearborn, Hoot, Nowak, Olson. (7) NAYS: Patterson, Perinoff, Roth, Simmons, Wilcox, Wilson, Button, Coy, Daly, Douglas, Dunleavy, Fortino, Gabler, Houghten, Kasper, Lennon, Moffitt, Montante, Page, (19) A sufficient majority not having voted therefor, the motion lost. Discussion followed. Vote on resolution: AYES: Perinoff, Price, Roth, Simmons, Wilcox, Wilson, Aaron, Button, Coy, Daly, Dearborn, Douglas, Dunleavy, Fortino, Gabler, Hoot, Houghtep, Kasper, Lennon, McDonald, Moffitt, Montante, Nowak, Page, Patterson. (25) NAYS: Pernick, Olson. (2) A sufficient majority having voted therefor, resolutIon #7125 was -adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of .. resolution .#712.5. adopted . by .0.0.1.and. County. V,99..i:;1.9f sap.. their meeting held on June 5, •1975 • • • ••••••••• o•••••••e•• • OOOOOOOOO ••••••••••• 9. • • • • • • • 0 • • • • • • • o • • • • • • p • OOOOO with the orlginal record thereof now remaining in my . office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan Lynn D. Clerk #7 12 5 The Chairman announced pursuant to Rule XI-E the matter shall be laid over to the next regular Board meeting.