§ 113.05 MINIMUM REQUIREMENTS.
   (A)   General requirements. All retail food establishments, mobile food establishments, temporary food establishments, farmers’ market vendor, and bed and breakfast establishments shall comply with the minimum requirements specified in the applicable state administrative codes 410 I.A.C. 7-24 or 410 I.A.C. 7-15.5. Copies of each are kept on file in the County Health Department Office for public inspection.
   (B)   Water source. Each facility must have an adequate supply of potable water at all times of operation. In addition, the following requirements must be met.
      (1)   Those facilities regulated by the State Department of Environmental Management (IDEM), and/or 327 I.A.C. 8 must be in substantial compliance with applicable regulations.
      (2)   Facilities with a private water supply not subject to IDEM regulations must submit satisfactory water samples results at least one time a year to the County Health Department.
      (3)   The County Health Department must be notified of any interruption in water service. If there is a possibility of water supply contamination, an establishment must cease operation until water is restored, and until two separate water samples, tested 24 hours apart, show satisfactory results. An establishment must receive approval from the County Health Department before resuming operations after an interruption of water service.
   (C)   Wastewater treatment. Each facility must have adequate wastewater treatment and disposal at all times of operation as determined by the Health Officer. In addition, sewage shall be disposed through an approved facility that is:
      (1)   A public sewage treatment plant; or
      (2)   An individual sewage disposal system that is (according to law):
         (a)   Sized;
         (b)   Constructed;
         (c)   Maintained; and
         (d)   Operated.
   (D)   Responsibilities of the operator. Upon acceptance of the permit issued by the County Health Department, the operator, in order to retain the permit, shall:
      (1)   Comply with the provisions of this chapter and all laws and rules adopted by reference herein, and the conditions of any variances granted by the State Department of Health;
      (2)   Immediately discontinue affected operations and notify the County Health Department if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health;
      (3)   If a retail food establishment, mobile food establishment, temporary food establishment, farmers’ market vendor, or bed and breakfast establishment has discontinued operations for the reasons stated above, or otherwise according to law, the operator must obtain approval from the County Health Department before resuming operations;
      (4)   Allow representatives of the County Health Department access to all parts of the retail food establishment, mobile food establishment, temporary food establishment, farmers’ market vendor, or bed and breakfast establishment at all reasonable times; to collect evidence and/or exhibits; and to routinely inspect, investigate complaints, and copy any or all records relative to the enforcement of this chapter;
      (5)   Comply with the directives of the County Health Department, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the County Health Department in regard to the operator’s retail food establishment, mobile food establishment, temporary food establishment, farmers’ market vendor, bed and breakfast establishment, property, or facility, or in response to community emergencies;
      (6)   Accept notices issued and served by the County Health Department; and
      (7)   Be subject to the administrative, civil, injunctive, and criminal remedies authorized by law for failure to comply with this chapter, or a directive of the County Health Department.
(Ord. 2010-08, passed 2-23-2010)