NC Register Volume 21 Issue 09 - Office of Administrative Hearings
NC Register Volume 21 Issue 09 - Office of Administrative Hearings
NC Register Volume 21 Issue 09 - Office of Administrative Hearings
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PROPOSED RULES<br />
Notice is hereby given in accordance with G.S. 150B-<strong>21</strong>.2 that<br />
the Commission for Health Services intends to amend the rules<br />
cited as 10A <strong>NC</strong>AC 46 .0<strong>21</strong>3, 15A <strong>NC</strong>AC 18A .2601 and .2604.<br />
Proposed Effective Date: July 1, 2007<br />
Public Hearing:<br />
Date: November <strong>21</strong>, 2006<br />
Time: 1:00 p.m.<br />
Location: 2728 Capital Boulevard, Room Ia224, Raleigh, <strong>NC</strong><br />
Reason for Proposed Action: To focus inspection time on<br />
establishments with greater inherent risk. To resolve critical<br />
item violations quickly. To better allocate scarce resources.<br />
Procedure by which a person can object to the agency on a<br />
proposed rule: Anyone wishing to object to these rules may do<br />
so in writing to Sue Grayson, DENR, EHSS, 1632 Mail Service<br />
Center, Raleigh, <strong>NC</strong> 27699-1632, phone (919) 715-<strong>09</strong>26, fax<br />
(919) 715-4739 or email sue.grayson@ncmail.net.<br />
Comments may be submitted to: Sue Grayson, DENR/EHSS,<br />
1632 Mail Service Center, Raleigh, <strong>NC</strong> 27699-1632, phone<br />
(919) 715-<strong>09</strong>26, fax (919) 715-4739, email<br />
sue.grayson@ncmail.net<br />
Comment period ends: January 1, 2007<br />
Procedure for Subjecting a Proposed Rule to Legislative<br />
Review: If an objection is not resolved prior to the adoption <strong>of</strong><br />
the rule, a person may also submit written objections to the<br />
Rules Review Commission. If the Rules Review Commission<br />
receives written and signed objections in accordance with G.S.<br />
150B-<strong>21</strong>.3(b2) from 10 or more persons clearly requesting<br />
review by the legislature and the Rules Review Commission<br />
approves the rule, the rule will become effective as provided in<br />
G.S. 150B-<strong>21</strong>.3(b1). The Commission will receive written<br />
objections until 5:00 p.m. on the day following the day the<br />
Commission approves the rule. The Commission will receive<br />
those objections by mail, delivery service, hand delivery, or<br />
facsimile transmission. If you have any further questions<br />
concerning the submission <strong>of</strong> objections to the Commission,<br />
please call a Commission staff attorney at 919-733-27<strong>21</strong>.<br />
Fiscal Impact:<br />
State<br />
Local<br />
Substantive (>$3,000,000)<br />
None<br />
CHAPTER 46 - LOCAL STANDARDS<br />
SECTION .0200 - STANDARDS FOR LOCAL HEALTH<br />
DEPARTMENTS<br />
10A <strong>NC</strong>AC 46 .0<strong>21</strong>3 FOOD, LODGING/INST<br />
SANITATION/PUBLIC SWIMMING POOLS/SPAS<br />
(a) A local health department shall provide food, lodging, and<br />
institutional sanitation and public swimming pools and spas<br />
services within the jurisdiction <strong>of</strong> the local health department. A<br />
local health department shall establish, implement, and maintain<br />
written policies which shall include:<br />
(1) The frequency <strong>of</strong> inspections <strong>of</strong> food, lodging,<br />
and institutional facilities and public<br />
swimming pools and spas with the following<br />
being the minimum:<br />
Type <strong>of</strong> Establishment Frequency Per Fiscal Year (July 1 – June 30)<br />
Adult Day Service Facilities<br />
1/year<br />
Bed and breakfast homes<br />
1/year<br />
Bed and breakfast inns<br />
1/6 months<br />
Catered Elderly Nutrition Sites<br />
1/year<br />
Child day-care facilities<br />
2/year<br />
Commissary for Pushcart or Mobile Food Unit<br />
1/quarter<br />
Food Service Establishments<br />
Risk Category I<br />
1/year<br />
Risk Category II<br />
1/6months<br />
Risk Category III<br />
1/4 months<br />
Risk Category IV<br />
1/3 months<br />
Institutions<br />
1/6 months<br />
Limited Food Service Establishments<br />
1/quarter<br />
Local confinement facilities<br />
1/year<br />
Lodging<br />
1/year<br />
Meat markets<br />
1/quarter<br />
Migrant housing water and sewage evaluation<br />
1/year<br />
Mobile food units<br />
1/quarter<br />
Primitive Experience Camps<br />
Operating 6 months or less per year<br />
1/year<br />
Operating more than 6 months per year<br />
1/6 months<br />
Private boarding schools and colleges<br />
1/year<br />
Public swimming pools and spas which operate only between 1/operational<br />
April 1 and October 31 each year<br />
season<br />
<strong>21</strong>:<strong>09</strong> NORTH CAROLINA REGISTER NOVEMBER 1, 2006<br />
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