10A NCAC 46 .0213          FOOD, LODGING/INST SANITATION/PUBLIC SWIMMING POOLS/SPAS

(a)  A local health department shall provide food, lodging, and institutional sanitation and public swimming pools and spas services within the jurisdiction of the local health department.  A local health department shall establish, implement, and maintain written policies which shall include:

(1)           The frequency of inspections of food, lodging, and institutional facilities and public swimming pools and spas with the following being the minimum:

                                Type of Establishment                                                       Frequency Per Fiscal Year (July 1 – June 30)

                                Adult Day Service Facilities                                                               1/year

                                Bed and breakfast homes                                                                 1/year

                                Bed and breakfast inns                                                                      1/6 months

                                Child day‑care facilities                                                                     1/6 months

                                Food Service Establishments

                                                Risk Category I                                                                    1/year

                                                Risk Category II                                                                  1/6 months

                                                Risk Category III                                                                1/4 months

                                                Risk Category IV                                                                 1/3 months

                                Institutions                                                                                            1/6 months

                                Local confinement facilities                                                              1/year

                                Lodging                                                                                                 1/year

                                Migrant housing water and sewage evaluation                             1/year

                                Primitive Experience Camps

                                                Operating 6 months or less per year                                 1/year

                                                Operating more than 6 months per year                         1/6 months

                                Private boarding schools and colleges                                             1/year

                                Public swimming pools and spas which operate only between   1/operational

                                     April 1 and October 31 each year                                               season

                                Public swimming pools and spas which operate at times other  2/year

                                     than between April 1 and October 31 each year

                                Residential care facilities                                                                   1/year

                                Schools                                                                                                  1/year

                                Summer camps                                                                                    1/year

                                Tattoo Artists                                                                                       1/year

Risk Category I applies to food service establishments that prepare only non-potentially hazardous foods.

Risk Category II applies to food service establishments that cook and cool no more than two potentially hazardous foods.  Potentially hazardous raw ingredients shall be received in a ready-to-cook form.

Risk Category III applies to food service establishments that cook and cool no more than three potentially hazardous foods.

Risk Category IV applies to food service establishments that cook and cool an unlimited number of potentially hazardous foods.  This category also includes those facilities using specialized processes or serving a highly susceptible population.

(2)           Provisions for investigating complaints and suspected outbreaks of illness associated with food, lodging, and institutional facilities, and public swimming pools.  Corrective actions shall be taken in cases of valid complaints and confirmed outbreaks of illness.

(3)           Provisions for keeping records of activities described in Subparagraphs (1) and (2) of this Paragraph.

(b)  A local health department shall establish, implement, and maintain written policies for the provision of sanitation education for food service personnel and orientation and in-service training for Environmental Health Specialists. The policies shall include the following requirements for Environmental Health Specialists providing food, lodging, and institutional sanitation services:

(1)           Completion of the centralized training course provided by the Division for newly employed Environmental Health Specialists; 

(2)           Compliance with Delegation of Authority as stated in 15A NCAC 01O .0100; and

(3)           Compliance with the Board of Sanitarian Examiners' requirements.

History Note:        Authority G.S. 130A-4(b); 130A‑9;

Eff. October 1, 1984;

Amended Eff. March 1, 1988; December 1, 1987; October 1, 1986;

Transferred and Recodified from 10 NCAC 12 .0239 Eff. April 4, 1990;

Amended Eff. August 1, 2007; May 1, 1996; July 1, 1993; October 1, 1992; December 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.