§ 17.111.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BED AND BREAKFAST ESTABLISHMENT. As defined in 410 I.A.C. 7-15.5-2, an operator occupied residence that:
      (1)   Provides sleeping accommodations to the public for a fee;
      (2)   Has no more than 14 guest rooms;
      (3)   Provides breakfast to its guests as part of the fee; and
      (4)   Provides sleeping accommodations for no more than 30 consecutive days to a particular guest.
   BOONE COUNTY HEALTH DEPARTMENT. The local health department in Boone County or authorized representative having jurisdiction over a bed and breakfast establishment, food establishment and/or temporary food establishment.
   CONFLICT OF INTEREST. Derived from 68 I.A.C. 9-1-1(b)(2), a situation in which the private financial interest of local official, local official's spouse, ex-spouse, siblings, in-laws, children and/or unemancipated child, may influence the local official's judgment in the performance of a public duty.
   FOOD ESTABLISHMENT. As defined in I.C. 16-18-2-137, any building, room, basement, vehicle of transportation, cellar or open or enclosed area occupied or used for handling food. This definition also includes a RETAIL FOOD ESTABLISHMENT, as defined in 410 I.A.C. 7-24-79: however, it does not include a bed and breakfast establishment.
   HAZARD ANALYSIS CRITICAL CONTROL POINT (HACCP) PLAN. As defined in 410 I.A.C. 7-24-43, a written document that delineates the formal procedures for following the hazard analysis critical control point principles developed by the National Advisory Committee on Microbiological Criteria for Foods.
   HEALTH OFFICER. The person, appointed as specified in I.C. 16-20-2-16, or his or her duly authorized representative, as specified in I.C. 16-2-1-14, who may conduct inspections and make a final decision on an enforcement action.
   HEARING OFFICER. An individual or panel of individuals acting in the capacity of a hearing officer in proceedings. The HEARING OFFICER is not the Health Officer or any other employee of the Boone County Health Department.
   IMMINENT HEALTH HAZARD. A significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance or event creates a situation that requires immediate correction or cessation of operation to prevent injury or illness based on the number of potential injuries and illnesses and the nature, severity and duration of the anticipated injury or illness (e.g., sewage backing up in a food preparation area or contamination of food products with toxic materials).
   INSPECTION REPORT. The document prepared by the Boone County Health Department that is completed as the result of the inspection and provided to the operator.
   LOCAL OFFICIAL. Any official of Boone County, Indiana.
   OPERATOR. The person who has a primary oversight responsibility for operation of the establishment through ownership, or lease or contractual agreement, and who is responsible for the storage, preparation, display, transportation or serving of food to the public.
   ORDER. Derived from I.C. 4-21.5-1-9, a Boone County Health Department action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of one or more specific persons. The term includes a PERMIT.
   PERMIT. The document issued by the Boone County Health Department that authorizes a person to operate a bed and breakfast establishment, food establishment and/or temporary food establishment.
   PERSON. An association; a corporation; an individual; partnership; or other legal entity, government or governmental subdivision or agency.
   TEMPORARY FOOD ESTABLISHMENT. A food establishment that operates for a period of at least four, but not more than 14, consecutive days in conjunction with a single event or celebration.
(Ord. 2006-15, passed 12-4-2006)