22-69922-699ORDINANCE NO,
AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CODE OF ORDINANCES
OF THE CITY OF DENTON, CHAPTER 13 ARTICLE II, SECTIONS 13-10 AND 13-20; ANDCHAPTER 14, ARTICLES II, IV, AND V; PROVIDING FOR THE ISSUANCE OF PERMITSAND COLLECTION OF FEES; PROVIDING FOR SEVERABILITY; PROVIDING FORREPEALER; PROVIDING FOR CONTINUATION OF PRIOR LAW; PROVIDING APENALTY; PROVIDING FOR PUBLICATiON AND ESTABLISHING AN EFFECTIVEDATE
WHEREAS, the City Council now finds it is in the best interests of public health, safety,
and welfare to amend Chapter 13, Article II, Sections 13-10 and 13-20, and Chapter 14, Article II,IV, and V of the Denton Code of Ordinances. NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 13, Article II, Sections 13-10 and 13-20 of the Denton Code of
Ordinances, are amended as shown on Exhibit A. Chapter 14, Articles II, IV, V of the DentonCode of Ordinances, are amended as shown on Exhibit B.
SECTION 2. If any provision of this ordinance or the application thereof to any person or
circumstances is held invalid by any court, such invalidity shall not affect other provisions or
applications, and to this end, the provisions of this ordinance are severable.
SECTION 3. All provisions of the ordinances of the City of Denton in conflict with the
provision of this ordinance are hereby repealed. The repeal of any ordinance or any portion thereof
by the preceding text shall not affect or impair any act done or right vested or accrued or any
proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect
and such shall remain in force for all intents and purposes as if such ordinance or part thereof so
repealed shall remain in force.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction,
be found guilty of a misdemeanor and fined a sum not to exceed two thousand dollars ($2,000.00)
for each violation. Each day that a provision of this ordinance is violated shall constitute a separateand distinct offense.
SECTION 5. Pursuant to Section 2.09(c) of the Charter for the City of Denton and Section214.218 of the Texas Local Government Code, this ordinance shall become effective June 1, 2022,
and the City Secretary is hereby directed to cause the caption of this ordinance to be published
twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within
ten (10) days of the date of its passage and approval.
SECTION 6. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
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-esse {:b andThe motion to approve this ordinance was made bytfCthe ordinance was passed and approved byseconded by inrl aa
the following vote [3 - a
Aye
/
b/
Nay Abstain Absent
MaYor Gerard HudsDeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:P/
/Jesse Davis. District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6: /PPASSED AND APPROVED this, the A Pday of f: 1
1/
b//
, 2022.
/1 marta
ATTEST:
ROSA RIOS, CITY SECRETARY
MgM . _ah,
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEYIh@\ tWh :jI ; ;C] FoR r 7 : : 4 7 : 1 8BY: J v -05'OO'
Page 2 of 2
EXHIBIT A
AMENDMENTS TO CUAPTER 13 OF THE CODE OF ORDINANCES
Sec. 13-10. Rules on Food service – Adopted; compliance procedures is hereby deleted in its
entirety and replaced with the following:
The city adopts the amendments to Texas Board of Health found in 25 Texas
Administrative Code, Chapter 228, Subchapters A through I as amended, which establishes
regulations regarding the regulation of food establishments in this jurisdiction is herebyadopted as the minimum standards for food service operations within the corporate limits
of the City of Denton, Texas. Wherever in these rules the words "municipality of Denton"
appear, they shall be understood to refer to the City of Denton and the words "regulatory
authority" shall refer to the City of Denton. The Texas Food Establishments Rules, save
and except the amendments set forth below are made a part of this article as if fully set
forth herein. A copy of the Texas Food Establishment Rules, along with city amendments,shall be kept on file in the office of the city secretary of the city being marked and
designated as the Texas Food Establishment Rules, published by the Texas Board of Health
Bureau of Food and Drug Safety (Retail Foods Division).
Any revision, addition, or deletion to the Texas Food Establishment Rules (TFER) by the
Department of State Health Services or the FDA Food Code, as amended by the United
States Food and Drug Administration (FDA) shall be deemed to be an amendment to this
article and adopted as of the time it goes into effect or is published.
Sec. 13-20. Deletions and Amendments is hereby deleted in its entirety and replaced with the
following:
Amendments to the Texas Food Establishment Rules
Subchapter A General Provisions :
Section 228.2, Definitions, is amended by adding the following:
1.1 Administrator: the Department Director or designee.2.1 Agricultural product: an agricultural, apicultural, horticultural, silvicultural, or
viticultural, or fish or other aquatic species product, either in its natural or processed state,
that has been produced, processed, or otherwise had value added for use as human food.
5.1 Catering Establishment: shall mean a food establishment where food is completely or
partially prepared for delivery at a separate location where it is meant to be served andconsumed. For purposes of this definition, a food service establishment is considered to be
operating mobile food units, rather than to be operating as a catering establishment; unless at
each premises or property to which food is delivered, the food is provided to one person for
consumption by that person or that person's guests or invitees.
6.1 Certificate of Occupancy: a Certificate of occupancy is a document issued by a local
government agency indicating that a building or mobile food vehicle complies with zoning
and building laws.
6.2 Change of Ownership: a change of owner or operator of a food establishment business,
and does not refer to a change of owner of the property or building in which the business is
located
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6.3 Change of Use: that which requires the owner of an establishment to submit plans before
any construction is begun on a project that changes the use of the current establishment.7.1 Commercially Manufactured: produced or built, for commercial gain, by a person
showing a high degree of skill or competence.
7.2 Commissary: also known as a central preparation facility; base of operations; or premises
from which a mobile unit operates. A commissary shall be used as a base of operations for all
classes of mobile food vendors. A commissary is a site approved by the City Health Officer
at which food preparation, storage and cleaning or servicing of the vehicle occurs. State law
prohibits the use of a private residence as a central preparation facility or warehouse.
8.1 Community Market: a designated location used primarily for the distribution and sale
directly to consumers of raw agricultural products grown by farmers or home-grown fruits,
vegetables, produce or food products; meat and fish items, plants and flowers; arts and crafts
items; and bakery goods, beverages, dairy products, delicatessen, and grocery items.
8.2 Cooking demonstration: food that is not to be offered, sold, or otherwise distributed to the
public
13.1 Farmers Market: a designated location used primarily for the distribution and sale
directly to consumers of food products by farmers or other producers of agricultural products13.2 Farmer’s Market Food Vendor: any person(s) who operate(s), offers, or sells foodtypically known as "farm grown", "farm originating" or "farm obtained" from a location
approved on private or public property. Foods included in "farm grown" are whole produce,
plants, nuts, certain meats, honey, eggs and pasteurized dairy products. These vendors and
any foodservice operations shall comply with the Texas Food Establishment Rules as set forth
by the Dept. of State Health Services.
13.3 Fixed Commercial Location: a building that can obtain a certificate of occupancy; notmobile in nature.
14.1 Food handler card: a card issued by a teaching entity approved by the Department of
State Health Services to food establishment employees after attending a Food Handler
training course and passing a subsequent exam.
16.1 Grease Interceptor: a plumbing appurtenance that is installed in a sanitary drainage
system to intercept oily and greasy wastes from a wastewater discharge. Such device has the
ability to intercept free-floating fats and oils.
17.1 Health Officer: the officer or other designated authority charged with the administration
and enforcement of this code, or a duly authorized representative.
17.2 Health or regulatory authority: the City of Denton.
17.3 Heavy Food Preparation: shall mean any area in which foods are prepared utilizing agrill, griddle, deep-fat fryer, commercial type ovens, and/or any similar food preparation
equipment; or any area subject to flooding type of wet cleaning procedures due to the cutting
or processing of meat, poultry, fish or pork. Heavy food preparation includes but is not limited
to: cafeterias, fast food restaurants, full service restaurants, pizza preparation, donut
preparation, and meat and fish markets, etc. and may include day care centers. For
information regarding grease interceptor sizes, refer to the International Plumbing Code as
amended by the City Building Inspection Department.
17.4 Light Food Preparation: shall mean any area in which foods are prepared exclusive of
the use offryers, grills or similar equipment. Light food preparation is usually limited to the
preparation of hot dogs, sandwiches, salads or other similar foods and fountain-type cold
drinks. Light food preparation includes, but is not limited to, sandwich shops, limited menu
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concession stands, etc. and may include day care centers. For information regarding grease
interceptor sizes, refer to the International Plumbing Code as amended by the City Building
Inspection Department.
18.1 Minor: shall mean an individual under the age of 18.
18.2 Mobile Food Establishment: a food establishment that serves, sells, or distributes any
food or beverage from a mobile food unit that is not operating at a permanent fixed location
and is a commercially manufactured vehicle from which food is prepared, served or provided
for the public with or without charge.
19.1 Types of mobile food establishments: The mobile food unit classifications are based
upon the type of menu served.
(A) Class 1 - Limited Mobile Food Establishment: these mobile food units may provide
hot and cold holding display areas from which packaged foods are displayed. Self-
service by customers of unpackaged foods is not allowed. Preparation, assembly or
cooking of foods is not allowed on the unit. Non-potentially hazardous beverages must
be provided from covered urns or dispenser heads only. No dispensed ice is allowed.
(B) Class II - General Mobile Food Establishment: these mobile food units may serve
a full menu as approved by the Health and Food Safety Division.
(C) Class III - General Service Pushcarts: these mobile food units shall serve only a
limited menu as approved by the Health and Food Safety Division.
(D) Class IV - Limited Service Pushcarts: these mobile food units may be pushed byhuman power to various locations and shall serve only a limited menu of non-
potentially hazardous, prepackaged food items as approved by the Health and Food
Safety Division.
19.2 No food preparation: any area in which foods are provided pre-wrapped, from a source
approved by the Department of State Health Services with microwave oven type heating
being the maximum handling involved. No food preparation is limited to prepackaged
sandwiches or similar foods, candies and containerized beverages.
19.3 Non-potentially hazardous beverage: shall mean a non-alcoholic liquid intended for
consumption, whether natural or synthetic, that does not require temperature control because
it is not capable of supporting the rapid and progressive growth of infectious or toxigenic
microorganisms or the growth and toxin production of Clostridium botulinum. The termincludes:
A) Tea and coffee, excluding espresso, with powdered creamer or ultra-high,
pasteurized half and half in individual servings;
B) Commercially made, high acid beverages with a pH level of 4.6 or below, such as
apple juice, lemonade, limeade, and orange juice;
C) Fresh squeezed, high acid beverages;
D) Commercially filled carbonated beverages;
E) High acid beverages made from a commercial mix; and
F) Mineral water sold in open, single-service cups with ice from an approved source.
19.4 Non-profit organization: all government entities and political subdivision and public
school districts; Organizations chartered under the Texas non-profit corporation act; or
Operations recognized by the IRS as a 501 (c) organization or corporation.
20.1 Perishable food: shall mean any food of a type or in a condition that may spoil.
25.1 Remodeling, extensive: any change in the structure of a food preparation area or any
change in the establishment which would increase or decrease size requirements for the food
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preparation or food storage areas. The term may also include any construction which requires
a building permit from the Building Inspection Division of the City of Denton.
It does not include: Expenditures for the replacement of moveable equipment; or remodeling
which does not affect the construction or operation of food storage or food preparation areas
or areas used to store or clean utensils and equipment used in food storage or food preparation.27.1 Seasonal food service establishment: any food service establishment which operates
from a fixed location for a period not to exceed six (6) consecutive months provided that such
operation shall occur only once during any twelve (12) consecutive month period.
29.1 Smoker: any unit, whether mobile or fixed in nature, which uses wood or wood products
to provide smoke for the purpose of slow cooking meats intended for human consumption,whether such unit is inside an enclosed building or in an outdoor area.
29.2 Temporary Event/Community Based Event: transitory gatherings such as traveling fairs,
carnivals, multicultural celebrations, special interest fundraisers, restaurant food shows, grand
openings, customer appreciation days, etc. also called special events. These are single eventsor celebrations
29.3 Temporary food permit: a permit issued after fulfilling all City requirements to a food
establishment selling or serving food at a temporary event. The temporary food permit is valid
until the temporary event concludes or for 14 consecutive days, whichever is less. A
temporary food permit is valid for only one event location at a time.29.4 Toilet facilities: flush toilets and sinks with hot (100'’F) and cold running water
connected to an approved system30.1 Vendor/Supplier: a business establishment approved by the City Health Officer that sells
or supplies food and food related products to Mobile Food Establishments.
30.2 Warehouse: shall mean any enclosed structure, room, or building where packaged food
or food products intended for off-premise consumption are stored for, sold to, or offered for
sale or distribution to persons other than the ultimate consumer.30.3 Wholesome: in sound condition, clean, free from adulteration, and otherwise suitable for
use as human food. Food which is packaged shall be deemed wholesome if it meets theforegoing requirements and it is used or sold prior to the expiration date marked on the
package.
Subchapter B Management and Personnel:
Section 228.3 1. Certified Food Protection Manager and Food Handler, is amended by
adding the following:
228.31 (a)( 1) This person shall have a valid Food Protection Management training certificate.
Certification must be obtained by passing an examination approved by the Texas Department
of State Health Services and approved by the regulatory authority.
228.31 (b)(1) The following food service establishments are exempt from the requirements ofthis section:
a) Establishments selling only uncut produce or commercially packaged; hermeticaliysealed foods;
b) A food enterprise that provides only beverages or prepackaged food that is not a
potentially hazardous food;
c) Bars and lounges that do not serve potentially hazardous foods;
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A food processing plant that is inspected at least once each week by a state or
federal food sanitation inspector or that only stores prepackaged food that is not
potentially hazardous;
Concession stands that are run by volunteers;
A nonprofit organization that serves food only to members of the organization;
A vending machine or a mobile food establishment that offers only prepackagedfood, if a certified food manager is in charge at the central preparation facility that
supplies the products for the vending machine or mobile food establishment; or
h) A temporary event food vendor.
Compliance may be required of establishments having one of the above exemptions if they
have repeated or critical food code violations, or if determined by the health officer to be
capable of causing food borne illness.
228.3 1 (c)
(4) The owner or operator of a new foodservice establishment shall provide verification to
the Health and Food Safety Division, prior to the opening of the establishment, that the
establishment meets the Certified Food Protection Manager requirement of this article.
(5) if a foodservice establishment cannot meet the requirements of this section because of
the termination or permanent transfer of a registered food protection manager, the food
establishment shall: Employ another registered food manager within thirty (30) days of the
effective date of the termination or transfer of the previous manager. When an existing food
service establishment has a change of ownership, the new owner or operator of the
establishment shall provide verification to the Health and Food Safety Division within thirty
(30) days of the effective date of the change of ownership that it is in compliance with the
certified food protection manager requirements of this article
(6) A person commits an offense if the person is the owner or operator of a food
establishment and violates a provision of this section.
(7) A person commits an offense if the person is the food manager of a food establishment
and fails to obtain a food protection manager's certificate from an accredited program
accepted by the Texas Department of State Health Services within the time limits allowed inthis article.
(8) A person holding a food protection manager’s certificate shall register a copy of that
certificate with the City of Denton Health and Food Safety Division.
d)
e)
f)
g)
228.31(d)(1) Every person who owns, manages, or otherwise controls any food service
establishment shall not permit any person to be employed therein who does not possess avalid food handler card within ten (10) days from the date of their employment.
228.3 1 (f) Personnel.
(1) A food employee may drink from a beverage container that has a tight-fitting lid with astraw
(2) Employees shall wear disposable gloves when handling ready-to-eat foods, or provide
documentation of training regarding correct handling of ready-to-eat foods.
Subchapter C Food:
Section 228.64. Donations of Food. subsection (b) is amended by adding the following:
(5) Written documentation of cool-down procedures of the food that is being
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donated is required.
Section 228.65 is hereby added and shall read as follows:
Section 228.65 Destruction of Unwholesome Food Authorized
(a) Whenever the city health officer discovers any food or drink displayed for sale or kept for
sale, which is unwholesome or unsafe for human consumption, the officer shall order the food
or drink to be destroyed or removed, and the owner or the responsible person in charge shall
immediately destroy or remove such unwholesome or unsafe food at his or her own expense.
(b) Sale or other disposition of unwholesome food prohibited.(1) it shall be unlawful for any person, association of persons, firm, food service
establishment, temporary food service establishment or corporation to offer for sale or give
away any food or drink for human consumption which has been pronounced by the city
health officer to be unfit for such use. No person shall prepare potentially hazardous orTCS food for sale to the public from their own private residence, save as provided under
State of Texas Cottage Food Law.
Subchapter E, Water, Plumbing. and Waste:
Section 228.144 is hereby added and shall read as follows:
Section 228.144 Grease Interceptors.
Grease Interceptors shall be located outside the food preparation area unless otherwise
approved by the regulatory authority.
Section 228.145 is hereby added and shall read as follows:
Section 228.145 Garbage and Trash
(a ) Garbage Containers.
Garbage and refuse shall be kept in durable, easily cleanable, insect-proof, and rodent-proof containers that do not leak and do not absorb liquids. Containers used in food
preparation and utensil-washing areas shall be kept covered except when actually in use.There shall be sufficient number of containers to hold all the garbage and refuse that
accumulates during operation of the food establishment. The regulatory authority may
require additional service, dumpsters or larger dumpsters to accommodate the garbage andrefuse that accumulates
Suitable facilities, including hot water and detergent or steam shall be provided and used
for washing garbage containers. Liquid waste from compacting or cleaning operations shallbe disposed of as sewage. Power washing and contracted cleaning services shall be
performed according to applicable law.
Cardboard or other packaging materials that do not contain food residues or that are waiting
regularly scheduled delivery to a recycling or disposal site may be stored outside in a
covered receptacle if it is stored so that it does not create a rodent harborage problem.(b) Premises.
Food Service establishments and all parts of the property used in connection with
operations of the establishment shall be kept free of litter.
Only articles necessary for the operation and maintenance of the food service establishment
shall be stored on the premises.
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Subchapter H. Requirements Applicable to Certain Establishments:
Section 228.221 is amended by adding the following:
(a)( 1 )(D) Application Process.
1 ) in order to obtain a health permit to operate a mobile food establishment within the
city limits of Denton, an applicant shall submit all required applications and
applicable documents with the City of Denton and pay all required fees.
2) The application shall include a completed itinerary. An itinerary shall be required
for all mobile units that will stop and sell food in any one parcel of land for more
than one hour. The approved itinerary verifies that all sales locations stated in the
submitted location itinerary are zoned for food establishments. Other
documentation may be required by the health officer.
3) it shall be unlawful for a Mobile Food Establishment to operate unless the Health
and Food Safety Division has been notified of the location. Notification may be
done in writing or electronically according to procedures established by the
Division as long as the location is part of the preapproved itinerary. The Health and
Food Safety Division shall be given written notice at least two (2) business days
before implementation of any changes to the approved, filed itinerary.b) Permit Issuance.
1) Upon receiving a proper application for a permit, the Health and Food Safety
Division shall make appropriate inspections of the vehicle; equipment and other
reasonable inspections concerned with the mobile food establishment and shall
issue a permit and sticker only if:
(A) The inspection reveals compliance with the applicable requirements of all
federal and state statutes and regulations and city ordinances governing theproposed mobile food establishment operation.
(B) The valid sticker shall be displayed by a mobile food establishment:(i) The hard copy of the permit shall be posted in public view inside thevehicle; and
(ii) The sticker permit shall be posted on the back right corner on the outside ofthe vehicle
2) The health permit shall be valid for 12 months. Mobile food establishment permits
shall not be transferable and shall be considered revoked should the food vending
operation be changed from that specified in the permit.
c) Location of Operation.
1) Any location where mobile units stop and sell food in any one location for more
than one hour, shall be zoned (according to the Denton Development Code) to allowfood establishments
2) Mobile units shall not stop and sell food in a residential District (as defined in the
Denton Development Code) without written permission from the Homeowner’s
Association or a Neighborhood Association. Mobile units shall not stop and sellfood in any residential zone that does not have an active Homeowner’s or
Neighborhood Association, except for those mobile food units that regularly sell
food to construction workers in residential zones with active construction activity.
d) Operations on Public Property.
No mobile food vehicle shall operate a business from a street, public park or other
publicly owned property or site without written permission from the City.
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e) Signage.
1) Each mobile establishment must be readily identifiable by business name, printed,
permanently affixed, and prominently displayed upon at least two sides of the units,in letters and numbers not less than three (3) inches in height
2) Each mobile food establishment shall be clearly marked with the food
establishment’s name or a distinctive identifying symbol. The lettering shall be at
least three (3) inches in height and of a color contrasting with the background color.
If a symbol is used, it shall be at least twelve (12) inches in diameter or of an
equivalent size .
3) Each mobile food establishment shall be clearly marked with the permit number for
purposes of identifying each unit on inspection reports and other communications.
f) Mobile Food Vehicle Types.
Class I - Limited Mobile Food Establishment: these mobile food establishments may
provide hot and cold holding display areas from which packaged foods are displayed. Self-
service by customers ofunpackaged foods is not allowed. Preparation, assembly or cooking
of foods is not allowed on the unit. Non-potentially hazardous beverages must be provided
from covered urns or dispenser heads only. No dispensed ice is allowed.
Examples of foods that are allowed:
1) Food that was prepared and packaged in individual servings at an approved
commissary and transported and stored under conditions meeting the requirementsof this article.
2) Potentially hazardous beverages such as individual servings of milk, milk products
and coffee creams that have been packaged at a pasteurizing plant. All foods sold
will need to meet proper labeling requirements.
Class II - General Mobile Food Establishment: these mobile food establishments may serve
a full menu as approved by the Health Officer.Class III - General Service Pushcarts: these mobile food units shall serve only a limited
menu as approved by the Health Officer.
Menu items shall be limited to, unless authorized by the Health Inspector: those menu
items listed under Class IV - Limited-Service Pushcart category, hot dogs, nachos with
artificial cheese base, corn on the cob, snow cones, popcorn, pretzels, sausage on a
stick, tea, lemonade, fruit drinks (from dry mix only), tamales, and roasted peanuts.
Class IV - Limited-Service Pushcarts: these mobile food units may be pushed by human
power to various locations and shall serve only a limited menu of non-potentially
hazardous, prepackaged food items as approved by the Health Officer.Menu items shall be limited to, unless authorized by the Health Inspector: prepackaged
chips, candy, ice cream, prepackaged sodas, and bottled water.
g) Class III and Class IV Mobile Food Vendors shall not:
1) use a vehicle that exceeds 6 ft. x 4 R. x 3 ft.;
2) enter or occupy a public roadway to solicit or conduct a sale;
3) place any signs or other advertising devices on public property other than those
signs affixed to the vehicle;4) physically or visibly obstruction pedestrian and vehicular traffic;
5) sell, distribute, or offer for sale, goods or services that have not been approved by
the Health Officer;
6) be located within a construction area; or
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7) conduct business with vehicular traffic located in the street right-of-way.
Section 228.221 (a)(2) is amended by adding the following:
(A) Operation capacity limited.
The operator of a mobile food establishment shall prepare, serve, store, and display food
and beverages on or in the mobile food unit itself; and shall not attach, set up, or use any
other device or equipment intended to increase the selling, serving, storing, or displaying
capacity of the mobile food establishment. It shall be un-lawful for the operator of a mobilefood establishment to :
1) Allow items such as, but not limited to brooms, mops, hoses, equipment,
containers and boxes or cartons to remain adjacent to or beneath the mobile food
establishment;
2) Provide or allow any sign or banner to remain that is not attached and solely
supported by the mobile food establishment; or,
3) Sell food outside of the vehicle, for example, from a table under a free-
standing canopy. All food vending shall be done from the mobile unit.
Section 228.221 (a)(6) is amended by adding the following:
(D) Utility connections.
Utility connections shall be limited to only electrical service and shall be in full compliance
with the current Electrical Code adopted by the City of Denton Building Safety Division.
All electrical extension cords shall be of industrial grade quality and shall be utilized in a
safe manner as not to be a nuisance or a trip hazard. Mobile food establishments shall not
be connected to any potable water service, sanitary sewer service, or fuel gas service while
in the operation of preparing or vending food.
228.221 (a)is amended by adding the following:
(12) Exterior surfaces of mobile food units shall be of weather resistant materials and shall
comply with all applicable laws.
(13) Outer openings. The outer openings shall be protected against entry of insects and
rodents by:
(A) 16 mesh to 25.4 millimeters (16 mesh to 1 inch) screens;
(B) properly designed and installed air curtains; or
(C) other effective means.
(14) Damage Reporting. Any accident involving a mobile food establishment that results
in damage to the water system, waste retention tank, food service equipment, or any facility
that may result in the contamination of the food being transported or any damage that
results in a violation of this section, shall be reported to the Health and Food Safety
Division within 24 hours of the time the accident occurred. Reports shall be made by the
holder of the mobile food establishment health permit.
(15) Overhead Protection. Overhead protection shall be provided for mobile food unitsthat are operated outdoors and where food is not covered at all times. The overhead
protection shall consist of, but not be limited to, roofing, ceilings, awnings, or umbrellas.
The overhead protection must be easily cleanable.
(16) Garbage and Refuse. A mobile food establishment shall provide a minimum of 20
gallons for garbage and refuse storage facilities for the operator’s use; and shall have
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garbage and storage facilities attached to the exterior of the mobile food establishment that
are insect and rodent-proof for customer use.(17) Separation and Setbacks. Mobile food vehicles shall be separated from existing
buildings and other mobile food vehicles by a minimum of 12 feet. Mobile food vehicles
shall be subject to all current zoning and setback regulations found in the Denton
Development Code (DDC). Mobile food vehicles shall not set up in fire lanes or in parking
spaces that are required by the Certificate of Occupancy of an existing business unless thebusiness is closed, and its required parking spaces are available.
( 18) Any additional equipment or the arrangement thereof other than that approved when
the permit was issued shall be prohibited unless approved in advance by the Health and
Food Safety Division.(19) A mobile food preparation facility shall not:
(A) Stop at any location, unless the stop is for less than one hour, to sell or serve
food during any time other than the dates and times specified in the current itinerary
on file with the Health and Food Safety Division for the mobile food preparationvehicle
(B) Serve as a commissary for another mobile food unit or as the base of
operation for a caterer.
(C) Apply for variances of food processing.
(D) Use leftover foods. All PHF/TCS foods shall be served or discarded at the
end of each business day.
(E) Use time as a public health control. All PHF/TCS foods shall be controlled
by mechanical means.(F) Park on an unimproved surface such as grass or dirt without written
approval from the City Manager or his designee, unless selling for less than onehour at a site immediately adjacent to property that is currently under construction.
(G) Park at a residence.
(H) Be permitted to be washed-out at the location of an existing foodestablishment. All interior washing shall be at an approved commissary. Only
exterior washing of the mobile food vehicle may be done at a commercially
operated carwash. Grease or wastewater shall not be dumped or drained at acarwash.
(1) Leave a location of operation until the area of operation is free from trash
or nuisance caused by the mobile food vehicle business, its employees, or itscustomers.
(20) Requirements for snow cone vendors and ice cream vendors.
(A) A snow cone vendor shall be limited to the sale of snow cones and pre-packaged
items only and shall have a:
(i) Commercially approved source for ice and syrup;
(ii) Hand wash sink with hot and cold running water under pressure, liquid soap, and
paper towels;
(iii) At least a two (2) compartment sink (with hot and cold running water under
pressure) for washing and sanitizing utensils; and,
(iv) Waste-water holding tank of adequate size for operation or be connected to an
exrstrng sanItary sewer.
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(B) A snow cone vendor may also be required to meet any and all provisions required
for a food service establishment, which the Health Officer deems necessary to protect the
public health and safety. This type of establishment may be a fixed location capable ofobtaining a certificate of occupancy.
(C) A water heater system capable of producing water of 100'’ degrees Fahrenheit
interconnected with the potable water supply shall be provided. A minimum of 15 gallonsof water must be available.
(D) Adequate, conveniently located and accessible toilet and lavatory facilities shall be
available to the snow cone stand at all times. A letter signed by the owner/operator of the
establishment where the facilities are located, must be submitted with the permit
application giving written permission for the snow cone personnel to use such facilities and
that the facilities will be available for use at all times during the food establishment's hours
of operation. The path of travel to such facilities shall not exceed a distance of 500 feet.
(E) Requirements for the sale of ice cream, other frozen desserts or novelties upon a public
street
(i) A person may not sell ice cream, frozen desserts or other novelties from a vehiclebefore sunrise or after sunset.
(ii) Ice cream, frozen desserts, and other novelty frozen food items shall be individually
wrapped by the manufacturer before being placed in the vehicle from which they are sold
and shall be sold in the original wrapping.
(iii) Such frozen items as described in (b) above may be sold from a pushcart.
(F) All vehicles offering ice cream for sale shall have:
(i) An automatic flashing device consisting of two lamps at the front of the vehicle,
mounted at the same level and as widely spaced laterally as possible and displaying
simultaneously flashing amber lights, and two (2) lamps at the rear of the vehicle mounted
at the same level and as widely spaced laterally as possible and displaying simultaneously
flashing amber lights, to be used at all times while each vehicle is in use for food service
or solicitation of sales;
(ii) Signs in front and real bearing the word ’'SLOW" in letters not less than six (6)
inches high; and 3) be capable of maintaining a constant temperature for food storage and
contain, in a conspicuous place, a thermometer to allow for verification of temperatures.
(21) Inspection Procedures.
(A) Critical violations shall result in the immediate closure of a mobile food unit,
commissary or warehouse if the Health Officer determines that an imminent danger to the
public health exists, and that the violation cannot be corrected immediately, or an approved
alternative procedure has not been implemented.
(B) For violations not resulting in closure, the corrections shall be made, and approval
shall be given by a Health Officer before reopening for business.
(22) Closure of a Mobile Food Unit:
When a mobile food unit is closed by the health officer for critical violations, the health
officer shall post a closed sign and the inspection report on the unit. When a commissary
or warehouse is closed by a health officer for critical violations, the health officer shall post
the inspection report inside the facility. No person except the health officer shall remove
or alter the inspection report or closed sign.
Section 22.221 (b). Central Preparation Facility. is amended by adding the following:
Page 11 of 33
(3) Servicing at central preparation facilities:
Mobile food establishments shall report to an approved commissary location for
supplies, cleaning, and servicing operations as follows:
(A) The interior of the mobile food establishment shall be cleaned at least daily andshall be stored at a location not used as a residence when not in operation.
(B) The mobile food establishment shall acquire needed supplies from an approved
commissary or other approved vendor/supplier.
(C) An existing food establishment may serve as a commissary for a mobile food
establishment only if approved by the health officer. The existing food
establishment would be required to have an approved vehicle storage facility,approved potable water hookups, approved wastewater drainage facilities,
approved grease interceptor hookups and size, and any other accommodations as
determined necessary by the health officer to ensure compliance with all regulatorycodes
(D) The mobile food establishment shall provide documentation of each visit to a
commissary and shall have that documentation available for inspection. This
documentation shall be provided by the commissary providing service, and shall
specify when and which service was provided.
(4) Servicing Records.
It shall be unlawful for an operator of a mobile food establishment to be in operation
without a valid servicing record in his possession. The operator of a mobile food
establishment shall keep and maintain servicing records on the mobile food establishmentfor a period of one year from the date of servicing. The servicing records must be
immediately available to any peace officer or health officer for inspection.
(A) Servicing records to be kept by commissaries
A commissary from which a mobile food establishment operates shall issue and
maintain servicing records for each unit in a manner and form prescribed by the
health officer. The permit holder, person in charge, employee, or representative of
any commissary shall keep and maintain servicing records at the commissary for a
period of two years from the date of servicing or until retrieved by the health officer,
whichever comes first. Servicing records maintained at a commissary shall be
immediately available to any peace officer or health officer for inspection duringnormal business hours.
(B) Falsification of servicing records.
It shall be unlawful for an owner, permit holder, person in charge, employee, or
representative of any commissary to issue a servicing record without first verifying
that the mobile food establishment has complied with all servicing requirements. It
shall be unlawful for any owner, permit holder, person in charge, employee, or
representative of any commissary or mobile food establishment to knowingly
present or issue any false, fraudulent, or untruthful servicing record for the purpose
of demonstrating compliance with the requirements of this chapter.
Section 228.222(a) Temporary Food Establishments, General, is amended by adding the
following
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(3) The term temporary food service establishment shall not include concession stands,
which operate at a fixed location in conjunction with scheduled, community-based sportingor recreational events provided that the preparation and serving of potentially hazardous
foods shall be restricted to only those pre-cooked, pre-packaged potentially hazardous food
products that have been properly prepared in accordance with all Department of State
Health Services and local requirements and are properly stored, handled, and served in the
unopened, original package from said concession stands. In such instances where openpotentially hazardous foods are prepared on site from a concession stand, these shall be
evaluated on a case-by-case basis and a determination shall be made as to requirements(A) A temporary food service establishment that does not comply with other
requirements of this chapter or other city ordinances applicable to food serviceestablishments is permitted if:
(i) The health officer finds that the operation will not result in a health or safetyhazard or a nuisance;
(ii) The operation is limited to a single, fixed location, which may include one
or more facilities at the location;
(iii) The operation is either:
a. Limited to a time of not more than fourteen (14) consecutive calendar
days 9
b. Operating under a city park and recreation department that has been
approved by the city; and
c. The food service establishment complies with the other requirements ofthis section.
(B) An application and non-refundable fees for a temporary event permit (per food
booth) shall be submitted at least two (2) working days prior to the event, or five (5)
days prior to the event if ten (10) or more booths are permitted for the same event. The
application shall include the time the booth will be set up and ready for inspection.
(C) if an application is not submitted by the deadline in (b) above, the acceptance of
the application will be at the discretion of the health officer.
(D) All requirements of the food booth must be in place before a permit will be issued.
(E) A temporary event permit will be required if there is open food (e.g. offering
samples) available.
(F) Food manufacturers must submit a copy of the state manufacturer license with their
application.
(G)Permits for temporary food service establishments that are not operating in
conjunction with a City sponsored special event or communit based event shall be
limited to six (6) permits per year per establishment.
(H) A food service establishment with a current annual health permit will be required
to obtain a temporary event permit if the event is at a location outside their permitted
premIses.
(1) A temporary food service establishment shall not:
(i) Prepare, serve, sell or distribute any food not approved in advance by the health
officer. This prohibits the storage and preparation of food from a private residence.
Any slicing, dicing or cutting of potentially hazardous foods must be done in a
commercial kitchen and brought to the event under proper temperature control; this
includes raw hamburger meat that must be brought in as commercially prepared
Page 13 of 33
frozen patties. No "gyro" type meat cookers are allowed.
(ii) Prepare potentially hazardous food; except, that the establishment may prepare
potentially hazardous food that is approved in advance by the health officer anddoes not require substantial preparation prior to consumption (including, but not
limited to, a hamburger or frankfurter) or may prepare potentially hazardous food
that is obtained by the establishment in individual servings;
Section 228.222(d) Temporary Food Establishments, Equipment and Utensils, is amended
by adding the following:
(6) Small '’crock-pots" may be used to properly store food utensils in water 135'’ F degreesor hotter; or utensils may be stored in running water dipper wells.
(7) ’'Sterno" heating units are not allowed for use at outdoor events to hold foods hot.
Section 228.222 is amended by adding the following:
(1) Catering operations.
( 1) All catering operations based in the City of Denton shall comply with all state rules,
laws, and local ordinances. A person shall not engage in a catering operation unlessthe service is affiliated with a food service establishment operating from a fixed
facility that is permitted by the appropriate health authority.
(2) The base of operations for a catering operation shall be physically separate from a
residential home and shall be a permanent, fixed location
(3) The health officer may inspect a catering operation at any time.
(4) The health officer may request copies of the health permit issued to the caterer from
the regulatory authority having jurisdiction where the food is prepared or packaged.
(m) Farmer’s market.
( 1 ) Management and Personnel.
Responsibility, assignment. The permit holder shall be the person in charge or shall
designate a person in charge and shall be present at the market during hours of operation.Where it is allowed, food vendors that offer, sell, or distribute food that is potentially
hazardous or that offer samples of food; shall have a person in charge that can show proof
of successful completion of a Texas Department of State Health Services approved
Certified Food Managers Course. Proof of successful completion of a certified food
manager course may be required of food vendors having exemptions if judged by the
regulatory authority to be an increased public health risk.(2) Food
(A) Preventing contamination :
(i) Food Display. Except for plants, nuts in the shell and whole, raw fruits and
vegetables that are intended for hulling, peeling or washing by the consumer
before consumption, food on display shall be protected from contamination by
the use of packaging, counter, service line, or salad bar food guards that comply
with NSF standards, completely enclosed display cases; or other means approve
by the Regulatory Authority. Letters may be required from the fabricator or
installer of such food guards stating compliance with NSF standards if visual
compliance is not evident through the use of labels or listings posted directly
on the food guard by the authority approved to affix such label or listing.
(ii) Except for plants, nuts in the shell and whole, raw fruits and vegetables that are
Page 14 of 33
intended for hulling, peeling or washing by the consumer before consumption,
food that is not completely packaged must be located under a cover, tent or
other covering approved by the Regulatory Authority and remain under the
covered protection for the duration of the operating period.
(B) Approved Source. Only food from an approved source may be offered at a Farmer'sMarket or Food Market under these rules. Foraged foods are not considered to be from
an approved source. Food prepared in a private home, a Cottage food production
operation or from an unlicensed food manufacturer or wholesaler is considered to be
from an unapproved source and may not be used or offered for sale in Farmer’s Marketsor Food Market as defined in this rule. Food from a kitchen regulated by a local
regulatory authority and proof of such is presented shall be considered from an
approved source.
(C) Meat, non-poultry.
(i) Meat such as game animals, ratites or equine meats, as defined in the FDA FoodCode 2017 as amended, may not be sold.
(ii) Whole muscle meat shall be stored frozen and held under refrigeration capable
of maintaining the meat in a hard, frozen state. Meat shall be packaged ready to
offer or sell. Separating, cutting or otherwise removing meat from an intact
package is prohibited.
(iii) Meat shall be produced, stored, labeled in compliance with U.S. Departmentof Agriculture rules and regulations. Proof of license or exemption shall be
provided to the Regulatory Authority at time of application.(D) Poultry.
(i) Poultry is defined in the FDA Food Code 2017, as amended.
(ii) Poultry shall be stored frozen and held under refrigeration capable ofmaintaining the meat in a hard, frozen state. Poultry shall be packaged in form
ready to offer or sell. Separating, cutting or otherwise removing poultry from
intact packaging is prohibited.
(iii) Poultry shall be produced, stored and labeled in compliance with U.S.
Department of Agriculture rules and regulations. Proof of license or exemption
shall be provided to the Regulatory Authority at time of application.(E) Sale of Fish, Molluscan Shellfish as defined in the FDA Food Code 2017 as
amended, is prohibited at a Farmer's Market.
(F) Sampling: Allowed only where expressly approved by the Regulatory Authority.Where allowed, sampling shall comply with all of the following:
(i) Non-TCS foods shall be offered to the consumer in individual servings or bites
and shall not be made available for self-service. Portioning foods on site is
prohibited. Portions shall be completely enclosed until given to the consumer
or shall be unpackaged by the consumer.
(ii) Only single-service articles may be given to the consumer for use.
(iii) TCS foods shall be maintained at proper temperatures according to TFER.Meats shall be frozen and remain frozen until sold to the consumer.
(iv)Where TCS foods are stored on ice, dry ice, or other items intended for use to
cool or freeze foods, a thermometer shall be present in the container holding
such foods. The thermometer must show evidence of proper temperatures in
which to maintain the food item in compliance with FDA Food Code 2017 as
Page 15 of 33
amended. If at any time, food stored in this manner is not at proper
temperatures, the Regulatory Authority shall dispose of the food, whether
voluntarily or involuntarily, if it cannot be determined if it is safe to sell or offerfor sale.
(v) Time as a public health control may not be used as the sole means for holding
TCS foods safely
(vi) Ice shall be readily drained and water or melting ice shall not come into contactwith stored food.
(vii) Foods cut or constituted on site such as soups, dips, relish, condiments and
sauces shall be maintained at or below 41 degrees Fahrenheit and process must
comply with the Equipment and Utensils section of these rules.
(viii) Digital thermometer accurate to 1 2 degrees Fahrenheit shall be on site foruse by the vendor. One thermometer shall be provided for each piece of
equipment used to hold proper TCS temperatures.
(G) Animals, prohibition.
(i) Animals may not be offered for sale or given away at a Farmer's Market.
(ii) Other than service animals that are conspicuously and properly identified,
animals accompanying their owner, where allowed, shall be in a carrier or on aleash and under direct physical control of the owner. Animals may not beallowed within 10 feet of a food booth.
(n) Equipment and Utensils.
1) Functionality of equipment.
(A) Except for a municipally owned Farmer's Market, equipment used to keep foods
frozen or refrigerated shall comply with FDA Food Code 2017 as amended and
be able to maintain required temperatures for the duration of operations.
Municipally owned Farmer’s Markets shall have mechanical temperature-
controlled equipment capable of maintaining proper food temperatures as
required in TFER. Mechanical food equipment shall obtain approval from the
Regulatory Authority for use.
(B) Tables used within the vending area shall be made of non-porous material and
be easily cleanable.
(C) Utensils used, only when approved for sampling, shall be made of non-wood
material and disposable unless compliance for cleaning and sanitizing under
FDA Food Code 2017 as amended, is provided and approved by the Regulatory
Authority for use onsite.
2) Equipment numbers and capacities.
(A) At least one (1) hand wash sink or facility complying with the Temporary Food
Establishment requirements in the currently amended TFER shall be located
within the immediate selling area of each food vendor approved to sample foods
and available to each vendor where required by the Regulatory Authority.
(B) Manual ware-washing sink requirements. At least one (1) sink with at least three(3) compartments shall be provided for manually washing, rinsing, and
sanitizing equipment and utensils for vendors that are approved to sample.
(C) Alternative manual ware-washing equipment may be used only by vendors
when approved by the regulatory authority. Such written approval shall be
evident and conspicuous on the permit placard issued to the vendor.
Page 16 of 33
(o) Water, Plumbing, and Waste.
1) Where a hand sink is required, this hand sink shall be a portable hand sink capable
of producing hot water, having a portable tanked water source and having a waste tank
at least 2/, size greater than potable source water tank. Hot water generation and
distribution systems shall be sufficient to meet the peak hot water demands throughout
the operation. If approved by the regulatory authority, other means of hand washing
may be used.
2) Where manual ware-washing is required using a hard - plumbed system, a licensedPlumbing inspector shall inspect the work prior to use. Backflow devices may be
required.
3) Trash receptacles shall be available and shall be non-porous. Efforts shall be made
to dispose of trash offsite in a timely manner so as not to encourage pests.
(p) Physical Facilities.
1) Floor construction. Floors and floor coverings of all vending areas shall be smooth
durable, and light in color, or be approved by the health officer.
2) Vending area shall be covered and protected to minimize presence of pests.
(q) Plan Review.
1 ) Farmer’s Market vendor application shall be submitted by each food vendor.
2) The plans and specifications shall indicate the following (whether existing or
not)
(A) Proposed layout drawn from a "bird's-eye view" showing equipment
arrangement and schedule including type and model and grease/waste
storage receptacle location.
(B) Manufacturer's specifications sheets of all equipment.(C) List of all food items offered or vended, listing separately foods
proposed to be sampled.(D) Proof of food origin, copy of manufacturer's license, copy of storage
license or description of approved source where food items will be obtained
from; and copy of approved food labels.Administrative Process.
1 ) All work must be inspected by the regulatory authority for compliance with these
rules. After compliance with these rules is deemed to be met, a Food Vendor Permit
may be approved.
2) Failure to follow the approved plans and specifications will result in a permit
denial, suspension or revocation.
3) All appeals from final suspension or revocation of a Food Vendor Permit shall
be made in writing to the Department Director or his designee. The appeal shall befiled in writing within ten (10) days of the occurrence of the suspension or
revocation. The Department Director Health and Food Safety (or their designee)
shall attempt to hear the appeal within thirty (30) days after the notice of the appeal.The Department Director shall have the power to reverse a decision of the
regulatory authority where he finds that such a reversal will not affect the health
and/or welfare of the public. All decisions of the Health and Food Safety Director
or their designee shall be subject to review by the City Council at one of its regularly
scheduled meetings. The decision of the Director or their designee will be final
unless reversed by the City Council.
(r)
Page 17 of 33
4) The notice, as required by this ordinance, is properly served when it is delivered
to the holder of the permit or the person in charge, or when it is sent by registered
or certified mail, return receipt requested, to the last known address of the holder
of the permit. A copy of the notice shall be on file in the records of the regulatory
authority .
5) Condemnation of adulterated products or on-site destruction. Food found to be
adulterated shall be condemned and, if no appeal be taken from such determination
of condemnation, such articles shall be destroyed for human food purposes under
the supervision of a Health Officer.
Section 228.241. Facility and Operating Plans. is amended by adding the following:
(4) Plans
a) The owner shall submit plans and specifications for construction of work areas intended
for use in the operation of a food establishment, and the location, size, and type of fixed
equipment and interior finishes of such areas to the City of Denton for approval, before
work is begun, when a food service establishment is constructed, the nature of the operationchanges; the establishment is extensively remodeled; when an existing structure is
converted for use as a food service establishment; or when the menu is changed to include
more preparation rntensrve menu Items.
b) in a food service establishment, the food preparation area shall be of adequate size and
shall constitute a minimum of twenty-five (25) percent of the total square footage of the
occupied permitted area or the minimum size deemed necessary by the Health and Food
Safety Division.c) in a food service establishment, dry storage areas shall be of adequate size and shall
constitute a minimum of fifteen (15) percent of the total square footage of the food
preparation area. At the discretion of the Health and Food Safety Division, additional dry
storage may be required.
d) A menu must be submitted with all plans. If changes are made to the menu at a later
time, the changes requiring more intensive food preparation or handling must be submitted
for approval by the Health and Food Safety Division.
e) All plans submitted shall include information on the following specifications:
1) Aisles and working spaces: Shall be unobstructed and of sufficient width to
permit employees to readily perform their duties without contaminating food or
food contact surfaces by clothing or personal contact. Minimum width of aisles
shall be thirty-six (36) inches.2) Auxiliary equipment: Water heaters, washing machines, dryers, remote
connected refrigerators, compressors, and air conditioners must be located
outside of food preparation areas.
3) Equipment and utensils: All equipment is to be NSF (National Safety
Foundation) approved or commercial grade.4) Floors: in food preparation areas, storage areas, utensil washing areas,
restrooms, and dressing rooms, floors shall be constructed of smooth, durable,
easily cleanable, non-absorbent materials of commercial grade. Flooring must
be light colored, without texture or patterns that create difficult places to clean.
In addition to the kitchen areas of day care centers, floors in food service areas
of classrooms shall meet these requirements.
Page 18 of 33
The health officer shall establish approved floor surfaces in food preparation
areas based upon the degree of preparation expected. Food establishments
involved in heavy food preparation shall incorporate quarry tile, cement-based
terrazzo tile or an equivalent floor covering as approved by the health officer.Food establishments involved in light food preparation shall incorporate a
commercial grade sheet vinyl or equivalent floor covering as approved by the
health officer. Establishments involved in no food preparation shall incorporate
sealed concrete, vinyl asbestos tile or an equivalent floor covering as approvedby the health officer. An approved sealer (such as rubber cove base) shall be
required at the floor/wall interface. If using ceramic tile squares in the food
preparation area, the minimum size of tiles shall be 12" x 12" (twelve by twelveinches)
Ice machines: Are to be of adequate size and located in areas that meet the wall,
floor and ceiling design standards for food preparation areas. lee machines
should not be located near sources of potential contamination, such as exposed
5)
sewer lines, open stairwells, etc.
6) Refrigerators/freezers: Each mechanical refrigeration unit storing potentially
hazardous foods must be of commercial type (even in day care center rooms)
and each unit must have a numerically scaled indicating thermometer. All such
units must hold foods at 41 degrees Fahrenheit or colder. Freezers must hold
frozen foods at a temperature of zero (0) degrees Fahrenheit or colder. Walk-in
coolers must be commercially built and have interiors of impervious, non-
absorbent materials. Shelves must be resistant to rust. Mechanical refrigeration
is required on salad bars, etc. for holding cold foods cold; holding foods in ice
will not be acceptable.
The processing and packaging of meat and poultry shall be conducted in arefrigerated room:
a) Where the temperature is kept at 50 degrees F or less; or
b) Which, along with processing equipment, undergoes a mid-shift cleanup
after 4 (four) hours of operation.Sinks7)
a) Shall be the number required by law. Stainless steel hand sinks shall be
located within every twenty-five (25) linear feet of unobstructed space
in food preparation and utensil washing areas, so it is convenient for
employees to wash hands as often as necessary. Hand-wash sinks shallbe freestanding, or wall hung. If a sink is too close to other equipment
or sinks, a splashguard may be required. Sinks are to be of adequate size
to allow for the thorough washing of hands and forearms. Liquid soap
and paper towels are required at the hand sink and lotion hand sanitizer
is required if gloves are not used. Lavatories, soap dispensers, hand-
drying devices and all related fixtures shall be permanently mounted and
kept clean and in good repair.
b) A three (3) compartment sink that has basins large enough to allow
immersion of the largest utensil and two (2) self-draining drain-boardsshall be required for manually washing, rinsing and sanitizing
Page 19 of 33
equipment and utensils.
A stainless steel, four (4) compartment sink with two (2) self-draining
drain-boards shall be installed in all bar areas. This requirement may bemodified if gjassware is sanitized in a commercial dishwasher.
i. Knee pedals, electronic eye and metered faucets are not allowed in
kitchen hand sinks but are allowable in public restrooms
ii. Blower dryers shall not be allowed as a means of drying hands infood preparation or dish wash areas. Common towels are also
prohibited. Steam-mixing valves are prohibited.
iii. All dishwashing equipment shall be located in one area to prevent
any cross contamination from soiled to clean dish storage or food
C)
preparatIon.8) Storage rooms: Wood shelving is allowed for dry storage use only if finished
with varnish or high gloss type paint to make sure it is smooth, non-absorbent,
and easy to clean. Rooms are to have finished walls (minimum finish includes:
taped and bedded sheetrock painted with high gloss paint) and commercialflooring with rubber cove base at floor/wall juncture. Dry storage rooms may
contain refrigerators or freezers not requiring drains to the sewer for condensateremoval.
9) Wait areas: if remote from food preparation or service areas, and used only for
non-potentially hazardous beverage preparation, wait areas shall comply with
the following requirements:
a) Flooring shall be VCT or equivalent as approved by the Health and Food
Safety Division.
b) Counters shall be laminate surface, solid surface, or equivalent.
c) Shelving below countertops shall be sealed, smooth, and easily cleanable.
10) Toilet facilities: Public access shall not be through the kitchen.
11) Walls & ceilings:
a) in food preparation, storage, utensil washing areas, and restrooms; walls,
ceilings, and other architectural features shall be smooth (not textured),
easily cleanable, non-absorbent, light in color, and durable. Fibrous
acoustical drop-in ceiling panels are prohibited in these areas. Wall areas
behind sinks or places that receive heavy use must be finished with FRP(fiberglass reinforced panels), ceramic tile, epoxy type paint or similar
materials to withstand moisture. Bathroom walls shall be finished (as those
listed above) behind plumbing fixtures to a height of at least four (4) feet up
from the floor. Heavy food preparation areas behind stoves, grills, and
fryers shall be of stainless steel from floor to ceiling.
b) Surface mounted pipes shall not be installed tightly against the surface of
the walls. There shall be a gap of at least two (2) inches between the pipeand the finished surface of the wall.
c) All holes cut into walls and ceilings for pipes and conduits shall be sealed,
and the clearance between the floor surface and the bottom edge of a door
shall be tight fitting.
12) Water heater: Must be of adequate size to provide enough hot water for all handwashing, ware washing, and cleaning. Minimum size: fifty (50) gallons.
Page 20 of 33
Commercial tank-less water heaters may be used.
13) At the discretion of the health officer, additional sinks such as pot sinks,produce washing sinks, etc. may be required.
14) Kitchens in day care centers shall comply with all rules of this code except that
the size of the kitchen may be determined on a case-by-case basis as approvedby the health officer.
15) When a foodservice establishment is extensively remodeled it must be closed
during any demolition, especially if water or power service is interrupted. If
remodeling pertains to only a portion of the establishment, the food preparationareas shall be protected by a solid wall that prevents any construction debris or
other contaminates from entering the kitchen or food service areas.
(5) Permit Required.
a) it shall be unlawful for any person, association of persons, firm or corporation to
operate a food service establishment in the city without having obtained a permit underthe terms of this section.
b) Any person desiring to operate a food service establishment shall make writtenapplication for a permit at the office of the Health and Food Safety Division. The
application shall include the applicant’s full name, street and post office address, and
whether such applicant is an individual, firm, or corporation, and, if a partnership, the
names of the partners, together with their addresses shall be included; the location and
type of the proposed establishment; and the signature of the applicant or applicants. If
the application is for a temporary or seasonal food service establishment, it shall also
include the inclusive dates of the proposed operation.
(6) Application fee.
a) The applicant shall submit the applicable nonrefundable fee as set forth by city
council by ordinance, and the schedule of fees shall be available for public inspection
at the offices of the city secretary or the health officer. Notwithstanding any other
provision of this chapter the payment of any fees set under this section is not applicable
to the City of Denton or any political subdivision or agency of the State of Texas andthe United States of America.
b) Application fees for seasonal food service establishments shall be the same as those
for any other similar full-time food service establishment.
c) An applicant shall not, under any circumstances, be entitled to a refund of
application fees after an application has been filed.
d) Fee Exemptions.
1 ) Food vendors operated by a public entity, such as the Denton Independent SchoolDistrict, public or private university, community college, or the City, may be
exempt from paying the Food Vendor fee, if approved by the regulatory authority.
2) A food vendor that is not permanently permitted by the regulatory authority, but
that is a recognized charitable or philanthropic organization, or that has attained
501(c) (3) status from the Internal Revenue Service, may be exempt from paying
the temporary food establishment fee for a permit for a temporary event, if
approved by the regulatory authority.3) Fee exemptions granted do not exempt any food establishment from the
requirement of applying for, obtaining, and displaying a food vendor permit or from
complying with the provisions of this section or any other applicable law.
Page 21 of 33
Permits are not transferable from one person to another or from one location to
another location. A valid permit must be posted in or on every food establishment
regulated by this ordinance, in a location conspicuous to the consumer.(7) Permit issuance.
a) Upon receipt of an application and payment of the applicable fee, the health officer
shall make an inspection of the premises where the business is to be conducted. If the
premises comply with the terms of this article and with all current requirements of thezoning ordinance, other ordinances and state law, a permit shall be issued to the
applicant upon payment of the permit fee. The applicable fees shall be set by city
council by ordinance and the fee schedule shall be available for public inspection at theoffices of the city secretary or the health officer. The applicant shall submit the
applicable nonrefundable fee as set forth by city council before a permit will be issued.
b) Notwithstanding any other provision of this chapter, the payment of any fees set
under this section is not applicable to the City of Denton or any political subdivision or
agency of the State of Texas and the United States of America.
1) in the event a food permit application is rejected, the administrator shall notify
the applicant of the rejection in writing. The notice shall specify the reasons why
the permit is denied. The decision of the administrator is final unless the applicantshall file an appeal as provided as provided herein. The decision of the
administrator shall continue in effect until the final decision of the appeal has been
determined.
2) Permits shall not be transferable. A person who acquires an existing food service
establishment shall not operate the establishment without obtaining a new permit
within ten (10) days from the date of the change of ownership.
3) Upon change of ownership of a business, the new owner shall be required tomeet current food establishment standards as defined in this code and state food
rules before a permit may be issued by the Health and Food Safety Division.
4) if the establishment changes the name of the business only, they have 10 days
from the date of the name change to notify the Health and Food Safety Division in
wrrtrng.
5) Each food service establishment shall display all valid health permits in publicview in the establishment.
A) A permit shall be valid for a period of twelve (12) months with the
expiration date being the last day of the month the permit was issued;
temporary, and seasonal permits shall expire in accordance with their terms,unless suspended or revoked by the health officer.
B) Acceptance of a permit issued by the administrator constitutes agreement
by the establishment to :1) Comply with all conditions of the permit and all applicable
provisions of this chapter;
2) Allow the lawful inspection of its facility and operations.
3) Inspections of newly constructed establishments prior to openingshall be done:
i. when equipment is set in place;
ii. at least 2 weeks prior to opening; and
iii. at least 2 days prior to opening.
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(8) Expiration and renewal of permits.
a) A permit lapses and is void unless the applicable permit fee is received by the Cityof Denton before the expiration date of the existing permit.
b) A permit lapses and is void if the food service establishment operating under the
permit constructs a new facility or changes ownership.
c) Permit renewal fees that are not received by the expiration date, will be assessed anadditional administrative fee.
(9) Revocation of permit.
The Department Director or designee may, after providing opportunity for a hearing,revoke a permit if the Director determines that the manager or owner of a food serviceestablishment has :
a) Interfered with the health officer in the performance of his duties; or
b) Been convicted twice within a twelve-month period for a violation of this
chapter; or
c) Failed to comply with a hold order or a condemnation order; or
d) Failed to comply, within the time specified, with an order to correct or abate an
imminent and serious threat to the public health or safety; or
e) Intentionally or knowingly impeded a lawful inspection by the health officer; or
f) Been closed two (2) or more times within a twelve-month period for conditions
that constituted a serious and imminent threat to public health.
( 10) Prior to revocation, the health officer shall notify the holder of the permit, or the person
in charge of the food service establishment, in writing, of the reason for which the permit
is being revoked and that the permit shall be revoked at the end of five (5) days followingservice of such notice unless a written request for a hearing is filed with the city by the
holder of the permit within such five-day period. If no request for hearing is filed within
the five (5) calendar day period, a final notice of revocation shall be served. Upon receipt
of the final notice of revocation, the food service establishment shall immediately cease
operation and the permit shall be considered finally revoked.
( 11) Application after revocation.
Whenever a revocation of a permit has become final, the holder of the revoked permitmay make written application for a new permit.( 12) Service of notices.
A notice provided for in this article is properly served when it is delivered to the holder
of the permit, or the person in charge of the food service establishment, or when it is
sent by registered or certified mail, return receipt requested, to the last known address
of the holder of the permit. A copy of the notice shall be filed in the records of the citysecretary .
( 13) Appeal from denial or revocation of a permit.
If the health officer denies the issuance of a permit or a permit is finally revoked, the
officer shall send the applicant or permit holder by certified mail, return receiptrequested, written notice of the denial or revocation and of the right to an appeal. The
applicant or permit holder may appeal the decision of the health officer to the Health
and Building Standards Commission - (HaBSCo) by giving written notice to the
administrator within ten (10) days of the receipt of the denial or revocation notice.
( 14) Hearing.
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A hearing of the appeal shall be conducted by the Health and Building Standards
Commission. The hearing shall be held at a time and place designated by the Health
and Building Standards Commission. The Health and Building Standards Commission
shall hear and consider evidence offered by any interested person. Based upon therecorded evidence of such hearing, the Health and Building Standards Commission
shall sustain, modify or rescind any notice, or order, considered in the hearing by amajority vote and provide a written report of the hearing decision to the holder of the
perrnrtThe decision of the Health and Building Standards Commission is final as to
administrative remedies, and no rehearing may be granted. Once the decision of the
Health and Building Standards Commission is final under this section, the applicant or
permit holder may appeal the decision to the state district court or court of appropriate
jurisdiction.
( 15) Registration of food service establishments based outside city.
A food service establishment or commissary operating from a facility located outside
the city that sells, distributes or transports food inside the city may not conduct
operations inside the city unless the food service establishment:
a) Furnishes the health officer with a certificate from a health authority having
jurisdiction over the establishment indicating that the establishment complies with
applicable health laws; or
b) Furnishes the health officer other information that the administrator determines
is necessary to enforce the provisions of this chapter or otherwise protect the public
health or safety.
Section 228.244, Performance and Risk Based Inspection, is amended by adding the
following:
(a) Report of inspections.
Whenever an inspection of a food service establishment is done, the health officer shall
record the findings on the inspection report form. The inspection report form shallsummarize the requirements of these rules and shall set forth a weighted point value for
each requirement. Inspection remarks shall be written to reference, by section number, the
section violated and shall state the correction to be made. The rating score of theestablishment shall be the total of the weighted point values for all violations, subtracted
from one hundred (100). The health officer shall furnish a copy of the inspection report
form to the person in charge of the establishment at the conclusion of the inspection.
(b) Re-inspection.
(1) Any food service establishment inspected by the City of Denton Health and
Food Safety Division which receives a score of eighty (80) or below on any
inspection shall be re-inspected.
(2) This re-inspection shall be performed in the same manner, using the same form,
as the previous inspection.
(3) if, upon subsequent re-inspection of the establishment, the health officer finds
that sufficient measures were not taken to bring the score above a total of eighty
(80), he will issue a citation and schedule a date for another re-inspection. Thehealth officer shall continue to perform re-inspections until the establishment has
made sufficient progress to warrant a score above eighty (80). The issuance of a
Page 24 of 33
citation for failure to meet the required score upon re-inspection shall not in anyway limit the ability of the inspector to issue any other citation for any violation of
this chapter.
(4) Re-inspection for failure to meet the required score shall be performed within
fourteen (14) calendar days immediately following the original inspection, or as
soon as possible thereafter, except that where an establishment is closed due to a
score below eighty (80), the Health Officer shall determine the time of the re-
lnspectron.
(5) Any food service establishment owner or manager that receives a score which
he feels is unacceptable, may request a re-inspection. A re-inspection fee shall be
required and shall be paid before the re-inspection will be performed. The health
inspector shall perform the requested re-inspection within two weeks of the re-
inspection fee payment. Only one re-inspection may be requested within any six
(6) month period.
(c) Fee for re-inspection.(1) The fee for re-inspection shall be one-half the annual permit fee of theestablishment receiving the re-inspection.
(2) A re-inspection fee will be charged for each re-inspection necessary to bring the
food establishment's score above eighty (80).(3) Payment of the re-inspection fee shall not void, or in any way affect the
responsibility of the owner or permit holder for payment of any fines for any otherviolations of this chapter.
(4) The person, partnership, or corporation listed as "owner" on the original
application shall be responsible for payment of any and all fees, including re-inspection fees.
(5) Payment of the re-inspection fee shall be made within 5 business days after the
re-inspection is performed.
(d) Summons
(1) Whenever the health officer determines that there has been a violation of any
provision of this chapter, which in his/her judgment can jeopardize the public
health, or for violation of any items, which have been noted as problems on two (2)or more consecutive inspection reports, the health officer may issue a written
citation for said person to appear in court.
(2) it shall be unlawful for any person to knowingly give the health officer a false
name when such officer requests the name of said person for purposes of enforcingthe provisions of this chapter.
Section 228.245, Competency of Inspectors and Access, is amended by adding the
following:
(c) Authority to inspect.(1) The health officer may inspect any and all things offered for sale, given in
exchange or given away for use as food or drink for human consumption, and
he/she shall have the authority to enter any food service establishment in the city,
as authorized by law for the purpose of such inspection.
(2) The city health officer, after proper identification, shall be permitted to enter any
food service establishment at any reasonable time for the purpose of making
Page 25 of 33
inspections to determine compliance with these rules. The officer shall be
permitted to examine the records of the establishment to obtain information
pertaining to food and supplies purchased, received, or used, or to personsemployed.
(3) The health officer shall have the authority to require written documentation of
cool down methods used and reheating times in order to verify compliance with
food temperature items on the foodservice establishment inspection form.
(d) The following types of establishments are exempt from inspection requirements :
(1) Group homes;
(2) Establishments selling only commercially packaged, non-TCS foods;
(3) Vending machines that sells only commercially packaged, non-TCS; and
(4) Facilities operated by nonprofit organizations for their members, families and
invited guests.
(e) Facilities are not exempt when food service is provided in conjunction with a childcare
facility, retirement center, hospital, school, indigent feeding program, or public fundraisingevents
(f) Authority to close.
( 1) The health officer shall close without warning any building, unit or place described
in this chapter and prevent its use for the storage, manufacture, or sale of food or
drink for human consumption whenever:
(2) The health officer, upon inspection of an establishment, finds sufficient violations
which cause the rating score of said establishment to be below a total of seventy
(70) points;(3) The health officer finds that an establishment is operating with no working
refrigeration units;(4) The health officer finds that an establishment is operating without running water or
hot water for a period of more than one (1) hour;
(5) The health officer finds an establishment is operating without a functioning ware-
washing machine or adequate sinks for manual ware-washing; and
(6) The health officer finds any food service establishment with an unreasonableinfestation of rodents or insects.
(7) it shall be the duty of the health officer to post a notice of closure for such
conditions at the entrance of such a building, upon the service door of a mobile food
establishment, or other place and to maintain the same until such conditions or
practices have been removed or abated.
(8) No person shall remove or alter in any way a sign, which has been posted by thehealth officer.
(g) Examination and condemnation of food.
The health officer shall tag, label, or otherwise identify any food subject to a hold order.
No food subject to a hold order shall be used, served, or moved from the establishment.
The health officer shall permit storage of the food under conditions specified in the hold
order, unless storage is not possible without risk to the public health, in which case
immediate destruction shall be ordered and accomplished.
(h) Appeal from hold order.
The hold order shall state that a request for hearing to appeal the hold order may be filed
within five (5) days and that if no hearing is requested, the food shall be destroyed. If
Page 26 of 33
requested, a hearing shall be held on the basis of evidence produced at that hearing by theHealth and Building Standards Commission. The Health and Building Standards
Commission may vacate the hold order or direct the owner or person in charge of the food
to denature or destroy such food or to bring it into compliance with the provisions of this
chaDter
Page 27 of 33
EXHIBIT B
AMENDMENTS TO CrrAPTER 14 OF TUE CODE OF ORDINANCES
Article II – Health Officer.
Sec. 14-26 - Designation of city health officer – is deleted in its entirety and replaced with the
following:
The duties provided in this chapter shall be performed by the city health officer.
The city health officer is the Chief Health Inspector of the Health and Food Safety
Division within the Development Services Department.
Sec. 14-27 (a) and (b) – Authority to make inspections and abate nuisances after notice -
are deleted in their entirety and replaced with the following:
(a) The city health officer or their designee may inspect all places and premises
in the city at reasonable times with the permission of the owner or occupant or may,
upon issuance of an appropriate warrant, enter in and upon any premises within the
crty(b) Upon finding any unsanitary, unhealthful, or unsafe condition, or any
condition constituting a nuisance, the city health officer or their designee shall give
the owner or occupant of such place or premises written notice to abate such
condition within five (5) days. The following terms, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
(1) Unhealthful means a condition which is unclean, contaminated, or
unwholesome ;
(2) Unsafe means a condition which is capable of causing harm or injury;and
(3) Unsanitary means a condition containing or promoting disease-
causing organisms and other harmful substances.
Sec. 14-28 (a) and (c) – Enforcement - are deleted in their entirety and replaced with the
following:
(a) The city health officer or their designee may abate or cause the abatement by
any reasonable means any unsanitary, unhealthful, or unsafe condition if not abated
by the owner or occupant within five (5) days.
(c) it shall be unlawful for any person to keep, allow or maintain any unsanitary,
unhealthful, or unsafe condition on a premises owned by them him or under theircare or occupancy after receiving a notice from the city health officer or their
designee to abate such condition.
Article IV – Smoking.
Sec. 14-87 (a)(13) - Smoking prohibited in certain public places - is deleted in its entirety and
replaced with the following:
Page 28 of 33
(a) it is unlawful for any person to smoke or possess a lit tobacco, weed or other
plant product or to smoke an electronic cigarette (e-cigarette) in any of the
following public places:
( 13) Bars;
Sec. 14-89 - Smoking not prohibited in certain public places - is deleted in its entirety and
replaced with the following:
(a) Notwithstanding any other provision of this article, the following areas shall
not be subject to the smoking restrictions of this article:
(1) Private residences, except when used as a child care, adult day care,
or health care facility;
(2) Personal vehicles;
(3) Private clubs and fraternal organizations;
(4) Open-aired outdoor patio of a restaurant or bar;
(5) Bingo parlors which provide a solid physical barrier to separate the
non-smoking section.(6) Tobacco shops, tobacco bars, cigar bars, and vape shops;
(b) Notwithstanding any other provision of this section, any owner, operator,
manager or other person who controls any establishment or facility described in
this section, may declare the entire establishment or facility as a nonsmoking
establishment by posting the establishment or facility as such pursuant to section14-90 of this article.
Article V – Public and Semipublic Swimming Pools.
Sec. 14-112 – Health Officer inspections – is hereby deleted in its entirety and replaced with the
following:(a) The health officer or their designee is authorized to conduct such
inspections as they deem necessary to ensure compliance with:
(1) All provisions of this article and of the Denton City Code relating to
swimming pools;
(2) All provisions of the International Building Code, as adopted by the
City of Denton, that relate to the installation, maintenance and operation
of pools, interactive water features and fountains;
(3) All provisions of the International Swimming Pool and Spa Code , as
adopted by the City of Denton that relate to the installation, maintenance
and operation of pools, interactive water features and fountains;
(4) All provisions of the Texas Administrative Code, Title 25, Chapter 265,
Subchapter L- Standards for Public Pools and Spas; and Chapter 265,Subchapter M – Public Interactive Water Features and Fountains, as
amended, that relate to the installation, maintenance and operation of
pools, interactive water features and fountains.(5) All provisions of V.T.C.A., Health and Safety Code, title 5; Sanitationand Environmental Quality, subtitle A.; Sanitation, chapter 341
(Minimum Standards of Sanitation and Health Protection), Subchapter
D – Sanitation and Safety of Facilities used by the Public, Section341.064, and Section 341.0645 as amended;
Page 29 of 33
(6) All provisions of V. T.C.A., Health and Safety Code, title 9; Safety,
subtitle A.; Public Safety, chapter 757 (Pool Yard Enclosures), asamended.
(b) The health officer or their designee shall have the right of entry at any hour
to the public or semipublic pool for this purpose.
Sec. 14- 113(c) and (d) - Permits to operate – are deleted in their entirety replaced with the
following:
(c) Where a permit is required, a fee for each permit shall be paid as required, in
accordance with the schedule as established by the applicable governing authority
or ordinance of the City.
Sec. 14- 114 – Revocation of Permits - is deleted in its entirety and replaced with the following:
(a) The health officer or their designee may revoke any permit to operate a publicor semipublic swimming pool for failure to comply with this article or in cases
where the permit has been obtained through nondisclosure, misrepresentation ormisstatement of a material fact.
(b) The health officer or their designee shall make inspections of public and
semipublic swimming pools and shall issue a copy of their inspection report to the
pool owner, operator or representative. The report shall include a list of the
deficiencies, if any, and shall prescribe corrective action to be taken within a time
limit set by the health officer. Chlorine residual should be maintained according to
the standard adopted by the state department of health. If significant health hazards
exist, the health officer or their designee shall close the pool until the offending
conditions are corrected. Ifnoncompliance persists after two (2) re-inspections, the
permit shall be revoked by the health officer or their designee.
(c) Decisions of the city health officer may be appealed to the department
director, any appeal of the director may be appealed to the Health and BuildingStandards Commission.
(d) Any revoked permit shall be reissued upon proper application and uponpresentation of evidence that the deficiencies causing revocation have beencorrected.
Sec. 14-115 - Requirements for both public and semipublic pools, interactive water
features, and fountains – is deleted in its entirety and replaced with the following:
(a) No person having a communicable disease shall be employed or work at a
public or semipublic pool, interactive water feature or fountain. Any person having
any considerable area of exposed sub-epidermal tissue, open blisters, cuts, etc., or
having an infectious or communicable disease shall be excluded from a public or
semipublic swimming pool, interactive water features and fountains.
(b) Spitting, spouting of water, blowing the nose, etc., in the swimming pool,
interactive water feature, or fountain shall be strictly prohibited.
(c) No running or boisterous or rough play, except supervised water sports, shall
be permitted in the pool, interactive water feature, fountain; on the runways, diving
boards, floats, platforms or in dressing rooms, shower rooms, etc.
Page 30 of 33
(d) No pets shall be permitted in the swimming pool, interactive water features,
or fountain area at any time. The pool area is defined as the decks surrounding the
pool but not less than six (6) feet from the nearest edge of the pool.
(e) No food, drink or glass containers shall be permitted in the swimming pool,interactive water feature, or fountain area.
(f) Every public and semipublic swimming pool, interactive water feature, or
fountain shall be under the supervision of a capable individual who shall assume
responsibility for compliance with all parts of this article relating to pool operation
and maintenance and safety of bathers. Each person shall furnish to the health
officer a list of the people to call in case of an emergency, and it shall be such
person's responsibility to keep their list current.
(g) Contamination due to the presence of dead animals found in a pool,
interactive water feature, or fountain will be corrected in a manner to be decided bythe health officer or their designee on an individual basis. If defecation is detected
in a swimming pool, interactive water feature, or fountain, all swimmers/bathers
shall be immediately required to evacuate the pool, interactive water feature, or
fountain and the contamination shall be removed by the most practical means. The
health officer or their designee will be notified and the pool will be thereafter closed
until approval for reopening the pool has been obtained from the health officer.
(h) Lifesaving equipment shall include the following:
( 1) Swimming pools operated primarily for recreational use and havingan area of more than two thousand two hundred fifty (2,250) square feet of
water surface area shall be provided with an elevated lifeguard platform orchair. In pools with four thousand (4,000) square feet or more of water
surface area, additional elevated chairs or stations shall be provided, located
so as to provide a clear unobstructed view of the pool bottom in the area
under surveillance.
(2) Each pool, interactive water feature, or fountain with a depth of
more than 24 inches at any point which is accessible by the public mustmaintain one (1) unit of lifesaving equipment that shall consist of a
shepherd's crook type of pole having blunted ends with a minimum lengthcapable of reaching the bottom of the middle of the pool, water feature, or
fountain from either side. Other lifesaving equipment, such as a ring buoy
or a life pole or throwing rope, may be maintained. Not less than one (1)
unit of equipment shall be provided at every public and semipublic
swimming pool, interactive water feature, or fountain. One (1) unit shall be
provided for two thousand (2,000) square feet of water surface area or less,and one (1) additional unit shall be provided for each additional two
thousand (2,000) square feet or major fraction thereof of water surface area.
(3) Lifesaving equipment shall be mounted in conspicuous, accessible
places and kept in repair and ready for use.
(i) Sampling for bacteriological analysis will be done when the pool, interactive
water feature, or fountain is at peak or near-peak capacity. Bacteriological water
sample results will be made known to the person or their representative with
recommendations if any. Heavy bacteriological contamination of the pool may
Page 3 1 of 33
result in the health officer's recommendation to close a pool until the condition hasbeen corrected.
a) For swimming pools, the depth of water shall be plainly marked at or above
the water service on the vertical wall of the swimming pool and on the edge of the
deck or walk next to the swimming pool at maximum and minimum points and at
the points of break between the deep and shallow portions and at intermediate
increments of depth, those increments being located at approximately two-foot
intervals. Those pools that combine swimming facilities for both children and
adults shall provide a safety line supported by buoys and attached to the side walls
of the pool. The line shall be located at the breaking point of the pool or at a depthof no more than five (5) feet. "Breaking point" is defined as the peripheral edge that
separates the shallow from the deep area of a swimming pool.
Sec. 14-116 – Requirements for Public Pools – is hereby deleted in its entirety and replaced
with the following:
In addition to the requirements of Section 14-115, public pools will comply with
the following requirements:
(a) Competent lifeguards shall be on duty during all swimming periods;
(b) Public pools shall have a certified swimming pool operator at all times the
pool is open;
(c) Toilet and shower facilities shall be provided on the basis of the fixture
schedule as prescribed in the adopted version of the International Building Code as
amended by the city.
Sec. 14-117 - Requirements for semipublic pools, interactive water features, and fountains
– is hereby deleted in its entirety and replaced with the following:
In addition to the requirements recorded in section 14-115, semipublic pools,
interactive water features, and fountains shall keep a daily log of activities, to
include a record of the readings of the pH and chlorine residuals daily during the
period of peak activity. A more frequent recording or other measurements may be
required by the health officer and will be determined on an as needed basis.
Sec. 14-118 – Disinfection and quality of water – is hereby deleted in its entirety and
replaced with the following:(a) Swimming pools, interactive water features, and fountains utilizing
recirculated water shall be continuously disinfected by a chemical which can be
easily measured for residual effect. If chlorine or other halogens are used, residuals
of equivalent disinfecting strength shall be maintained. A testing kit for measuring
the concentration of the disinfectant, accurate within 0.2 ppm, shall be provided at
each swimming pool. The health officer may accept other methods when
adequately demonstrated to provide a satisfactory residual effect or to otherwise be
equally as effective under conditions of use as the chlorine concentration requiredin this section.
(b) The swimming pool, interactive water feature, or fountain water shall be
maintained in an alkaline condition as indicated by a pH of not less than 7.2 and
not over 8.2. A pH testing kit accurate to the nearest 0.2 pH unit shall be provided
Page 32 of 33
at each swimming pool. The alkalinity of the water shall be at least 50 ppm as
measured by the Methyl Orange test.
(c) All samples shall be collected, dechlorinated and examined in accordance
with the procedures outlined in the latest edition of the Standard Methods for the
Examination of Water and Wastewater (APHA). Bacteriological water sample
results will be made known to the owner or their representative with
recommendations, if any. Chemicals used in controlling the quality of water shall
be demonstrated as imparting no toxic properties to the water. Chemicals used for
algae control shall be approved by the health officer.
(d) Water clarity in all pools, interactive water features and fountains must be
maintained at all times so that The water, at all times when the pool is in use, shall
be sufficiently clear to permit a black disc six (6) inches in diameter on a white
field, when placed on the bottom of the pool, water feature, or fountain at the
deepest point, to be clearly visible from the sidewalks of the pool, water feature, or
fountain at all distances up to ten (10) yards, measured from a line drawn across the
pool, water feature, or fountain through the disc.
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