(A) Each bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment will receive unannounced compliance inspections at a frequency determined by the County Health Department using a risk-based analysis of the establishment. Each bed and breakfast establishment, retail food establishment, seasonal retail food establishment, and mobile retail food establishment shall be inspected by the Health Department at least once a year.
(B) The person operating the bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment shall, upon the request of the County Health Department, permit the County Health Department access to all parts of such bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment, and shall permit the County Health Department to collect evidence and exhibits, and to copy any, or all, records relative to the enforcement of this section.
(C) At the conclusion of the inspection, the County Health Department shall provide a copy of the completed inspection report, and the notice to correct violations, to the operator, or to the person in charge, as required under I.C. 16-20-8-5.
(D) If, during the inspection of any bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment, the County Health Department discovers the violation of any of the requirements in the provisions of this chapter, it shall issue a written order listing such violations to the owner, or to the person in charge, and shall fix a time within which the owner, or the person in charge, of such bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment shall abate and remedy such violations. A copy of the written order shall be filed with the records of the County Health Department, as required under I.C. 16-20-8-5.
(E) If, at the conclusion of the inspection, the person operating the bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment refuses to sign an acknowledgment of receipt, it will not affect the operator’s obligation to correct the violations noted in the inspection report within the time frames specified. A refusal to sign an acknowledgment of receipt is noted in the inspection report, and conveyed to the County Health Department’s historical record for the bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment. The operator is not necessarily in agreement with the findings of the County Health Department inspection by an acknowledgment of receipt.
(F) All critical violations shall be corrected within the period of time specified by the County Health Department, but in any event, not to exceed ten days following an inspection. Within 15 days after the inspection the owner, or person in charge, of the bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment may be required to submit a written report to the County Health Department stating the action taken to correct the critical items. Purchase orders, or work contracts with a work completion date satisfactory to the County Health Department, may be accepted as interim corrective action.
(G) If, upon a second and final inspection, the County Health Department finds that such bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment person, or employee, is violating any of the provisions of this chapter that were in violation on the previous inspection, and concerning which a written order was issued:
(1) The County Health Department may promptly issue a written order to the owner, or to the person in charge, of such bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment to appear for an administrative hearing at a certain time and place, no later than ten days from the date of final inspection, to show cause why a permit issued under the provisions of this chapter should not be revoked; or
(2) The County Health Department shall furnish evidence of the violation(s) to the County Attorney, and he or she shall prosecute all persons violating the provisions of this chapter.
(H) If, at the administrative hearing, the owner, or person in charge, should fail to show cause as to why his or her permit should not be suspended or revoked, the County Health Department shall suspend or revoke the permit of such bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment, and shall promptly give written notice of such action to the owner, or person in charge.
(I) The County Health Department shall maintain a permanent record of its proceedings, which shall be filed in the office of the County Health Department.
(J) Those establishments having their permit suspended, or revoked, by the County Health Department shall be placarded by the County Health Department with an official notice to the effect that the establishment is closed by order of the County Health Department. It shall be illegal to remove, damage, or deface such notice prior to the establishment being allowed to resume operation by the County Health Department.
(K) Except as specified in § 176 (Trade Secrets) of 410 I.A.C. 7-24, the County Health Department shall treat the inspection report as a public document, and shall make it available for disclosure to a person who requests it as provided in law. (See I.C. 16-20-8-6.)
(Ord. 2019-09, passed 11-4-2019) Penalty, see § 111.99