(A) The Fire Marshal shall issue a mobile food vendor permit for a mobile food vending unit when:
(1) The mobile food vendor permit application has been completed and submitted with all necessary information as required in this section to confirm compliance with the provisions of this chapter;
(2) The mobile food vending unit has passed an inspection by the Fire Marshal’s Office to confirm compliance with the requirements of this chapter including specifically the provisions of § 126.31;
(3) The mobile food vendor is in compliance with all provisions of this chapter, including specifically the provisions of § 126.31; and
(4) The mobile food vending unit has at minimum one portable fire extinguisher (2A-10BC) that has a current tag from a licensed extinguisher company that indicates that it has been serviced and inspected.
(B) The Fire Marshal shall deny a mobile food vendor permit application if the Fire Marshal determines that the mobile food vendor or mobile food vending unit as proposed would not comply with the requirements of this chapter.
(C) If the mobile food vending unit does not meet the provisions of this chapter, including specifically the provisions of § 126.31, the potential exists for it to be issued a temporary non-conforming mobile food vendor permit to operate subject to the following conditions:
(1) Upon a determination by the Fire Marshal that no risk or danger to public health or safety will result, some code requirements may be waived for a short duration; others such as exterior 1/4-turn shutoff valves for fuel sources may not be waived. Due to the number of variables the waiver of established code requirements for a temporary, non-conforming mobile food vendor permit is a case by case review, based on health and safety risks and conditions.
(2) If under the currently adopted code, a mobile food vending unit would normally be required to have a Type I hood and does not have one, the mobile food vending unit must then have the correct size and number of Class K fire extinguishers as defined by the current adopted model codes.
(3) Fuel sources for compressed gasses such as liquefied petroleum gas (LPG) and compressed natural gas (CNG) shall be limited to an aggregate total of 40 pounds.
(4) This temporary non-conforming mobile food vendor permit is not applicable to food booths.
(5) Temporary non-conforming mobile food vendor permits issued shall be valid for only 24 specified hours.
(6) Temporary non-conforming mobile food vendor permits may only be issued twice per calendar year.
(7) The mobile food vending unit must be placed with a separation distance of 15 feet from any permanent or temporary structures on all sides.
(8) A fire watch, as defined by current adopted code must be initiated and funded to monitor the mobile food vending unit during its entire operations, including setup and teardown, when two or more mobile food vending units are operating at the same time and location.
(9) Granting of a temporary non-conforming mobile food vendor permit by the City of Harker Heights does not exempt or excuse the applicant or responsible person from the consequences, damages, or injuries resulting from the operation listed above and does not exempt or excuse anyone from complying with all other applicable laws or ordinances, regulations, and orders of governmental entities having jurisdiction, even though the above listed operation is otherwise conducted in compliance with this chapter.
(D) The Fire Marshal shall deny an application for a temporary non-conforming mobile food vendor permit if the Fire Marshal determines that the mobile food vending unit as proposed would not comply with the requirements of this chapter or the granting of a waiver to authorize a temporary non-conforming mobile food vendor permit would pose a risk or danger to the public health or safety.
(E) The Fire Marshal shall deny a mobile food vendor permit or temporary non-conforming mobile food vendor permit application if the Fire Marshal determines that the applicant provided incorrect or incomplete information on the application.
(F) If the Fire Marshal does not approve or deny an application within 45 days of the date it is filed, the application is denied.
(G) The Fire Marshal shall give written notice of a denial of an application to the applicant.
(H) An applicant may appeal to the Board of Adjustment a denial of a mobile food vendor permit application in accordance with § 126.19.
(Ord. 2020-32, passed 8-25-20)