NC Register Volume 21 Issue 09 - Office of Administrative Hearings

PROPOSED RULES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Commission for Health Services intends to amend the rules
cited as 10A NCAC 46 .0213, 15A NCAC 18A .2601 and .2604.
Proposed Effective Date: July 1, 2007
Public Hearing:
Date: November 21, 2006
Time: 1:00 p.m.
Location: 2728 Capital Boulevard, Room Ia224, Raleigh, NC
Reason for Proposed Action: To focus inspection time on
establishments with greater inherent risk. To resolve critical
item violations quickly. To better allocate scarce resources.
Procedure by which a person can object to the agency on a
proposed rule: Anyone wishing to object to these rules may do
so in writing to Sue Grayson, DENR, EHSS, 1632 Mail Service
Center, Raleigh, NC 27699-1632, phone (919) 715-0926, fax
(919) 715-4739 or email sue.grayson@ncmail.net.
Comments may be submitted to: Sue Grayson, DENR/EHSS,
1632 Mail Service Center, Raleigh, NC 27699-1632, phone
(919) 715-0926, fax (919) 715-4739, email
sue.grayson@ncmail.net
Comment period ends: January 1, 2007
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
CHAPTER 46 - LOCAL STANDARDS
SECTION .0200 - STANDARDS FOR LOCAL HEALTH
DEPARTMENTS
10A NCAC 46 .0213 FOOD, LODGING/INST
SANITATION/PUBLIC SWIMMING POOLS/SPAS
(a) A local health department shall provide food, lodging, and
institutional sanitation and public swimming pools and spas
services within the jurisdiction of the local health department. A
local health department shall establish, implement, and maintain
written policies which shall include:
(1) The frequency of inspections of food, lodging,
and institutional facilities and public
swimming pools and spas with the following
being the minimum:
Type of Establishment Frequency Per Fiscal Year (July 1 – June 30)
Adult Day Service Facilities
1/year
Bed and breakfast homes
1/year
Bed and breakfast inns
1/6 months
Catered Elderly Nutrition Sites
1/year
Child day-care facilities
2/year
Commissary for Pushcart or Mobile Food Unit
1/quarter
Food Service Establishments
Risk Category I
1/year
Risk Category II
1/6months
Risk Category III
1/4 months
Risk Category IV
1/3 months
Institutions
1/6 months
Limited Food Service Establishments
1/quarter
Local confinement facilities
1/year
Lodging
1/year
Meat markets
1/quarter
Migrant housing water and sewage evaluation
1/year
Mobile food units
1/quarter
Primitive Experience Camps
Operating 6 months or less per year
1/year
Operating more than 6 months per year
1/6 months
Private boarding schools and colleges
1/year
Public swimming pools and spas which operate only between 1/operational
April 1 and October 31 each year
season
21:09 NORTH CAROLINA REGISTER NOVEMBER 1, 2006
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