(A) Before a bed and breakfast establishment, retail food establishment, seasonal retail food establishment, mobile retail food establishment, or portion thereof, except for a temporary retail food establishment or vending machine location, is constructed, altered, or remodeled, or before an existing structure is converted to the use as a bed and breakfast establishment, retail food establishment, mobile retail food establishment, or portion thereof, the owner, operator, or designated agent shall submit plans and specifications for the bed and breakfast establishment, retail food establishment, seasonal retail food establishment, mobile retail food establishment, or portion thereof, to the County Health Department for review and approval. 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 fixed equipment and facilities.
(1) A transmittal letter shall be submitted with the plans and specifications. This letter shall identify and summarize the plans or projects, and shall indicate the owner, operator, or designated agent. The County Health Department shall approve the plans and specifications if they meet the requirements of this section. No bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment shall be constructed, remodeled, or converted except in accordance with plans and specifications approved by the County Health Department.
(2) A fee for the review of such plans shall be assessed.
(B) The owner, or other authorized agent, of an existing, or proposed, bed and breakfast establishment, retail food establishment, seasonal retail food establishment, and/or mobile retail food establishment, shall submit to the County Health Department properly prepared plans and specifications for review and approval before:
(1) The construction of a bed and breakfast establishment, retail food establishment, seasonal retail food establishment, and/or mobile retail food establishment;
(2) The conversion of an existing structure for use as a bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment; or
(3) The remodeling of a bed and breakfast establishment, retail food establishment, seasonal retail food establishment, and/or mobile retail food establishment, or a change of type of bed and breakfast establishment, retail food establishment, seasonal retail food establishment, and/or mobile retail food establishment, or food operation, if the County Health Department determines that plans and specifications are necessary to ensure compliance with this section.
(a) The plans and specifications for a bed and breakfast establishment, retail food establishment, seasonal retail food establishment, and/or mobile retail food establishment shall include the type of operation, type of food preparation (as specified in Appendix B of the published version of 410 I.A.C. 7-24), and the menu.
(b) The plans and specifications shall be deemed satisfactory and approved by the County Health Department before a permit can be issued.
(c) A pre-operational inspection shows that the bed and breakfast establishment, retail food establishment, seasonal retail food establishment, and/or mobile retail food establishment is built, or remodeled, in accordance with the approved plans and specifications, and that the establishment is in compliance with this chapter, 410 I.A.C. 7-24, and/or 410 I.A.C. 7-15.5.
(C) If an application for a plan review and/or permit to operate a bed and breakfast establishment, retail food establishment, seasonal retail food establishment, mobile retail food establishment, and/or temporary retail food establishment is denied, the County Health Department shall provide the applicant with a notice within five to seven business days that includes:
(1) The specific reasons and rule citations for the application and/or permit denial;
(2) The actions, if any, that the applicant must take to qualify for the application and/or permit; and
(3) Advisement of the applicant’s right of appeal, and the process and time frames for appeal, that are provided in law.
(D) When plans and specifications required by this section are to be submitted to the County Health Department, the County Health Department shall inspect the bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment prior to the start of operations to determine compliance with the approved plans and specifications, and with the requirements of this section.
(Ord. 2019-09, passed 11-4-2019)