HomeMy WebLinkAboutAgenda - 11-19-2002-8eORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 19, 2002
Action Agenda
Item No.
SUBJECT: Food Service Establishment Plan Review Fees
DEPARTMENT: Health PUBLIC HEARING: (YIN) No
ATTACHMENT(S): INFORMATION CONTACT:
Rosemary Summers, ext 2411
Food Establishment Plan Review Fee
Schedule and Policy- OCHD
10/02/02 Memorandum from NCDENR
TELEPHONE NUMBERS:
to Local Health Departments Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider establishing plan review fees for food service establishments
authorized by NC General Statute 130A-248, Section 29A.16.
BACKGROUND: During the last session, the North Carolina General Assembly enacted
legislation to allow local health departments to charge fees for plan reviews of food service
establishments (restaurants, food stands, meat markets, etc.) This act became effective
September 30, 2002 and details of implementing the fees were left to local health departments
to consider. Prior to this legislation, plan reviews were conducted, but not subject to a fee at the
local level. The legislation establishes a maximum fee of $200 per facility. The State of North
Carolina will charge a single fee for franchises or chains that use a prototypical design for their
new facilities (most of the fast food establishments fall in this category). Restaurants, food
stands, meat markets, catered elderly nutrition sites and school lunch rooms are all eligible for
fees to be charged. Thirty-one counties are in the process of approving fees authorized by this
legislation.
The Board of Health considered the establishment of fees for plan review of food and lodging
establishments, and on staff recommenda to be set according to total) squareg ootage of the for
BOCC approval. Fees are recommended
entire facility, which would mitigate the impact for smaller establishments. The range is from
$75 for a facility with 1,500 square feet or less to $200 for a facility with an area greater than
5,000 square feet. The Board of Health also is recommending that school lunch rooms and
catered elderly nutrition sites be exempt from the plan review fees. The proposed fees can be
found in the attachment.
FINANCIAL IMPACT: In a given fiscal year, there may be as many as 50 establishments that
undergo significant renovations or build new facilities that may be subject to these fees.
Assuming a split between categories, it is estimated that this may generate an additional $6,000
in revenue annually. This revenue would enable the department to conduct additional food
safety classes for personnel in restaurants and would provide funding to launch a Hepatitis A
vaccination program for restaurant workers.
RECOMMENDATION(S): The Manager recommends that the Board approve the fee schedule
as recommended by the Board of Health effective December 1, 2002.
3
FOOD ESTABLISHMENT PLAN REVIEW
FEE SCHEDULE AND POLICY
ORANGE COUNTY HEALTH DEPARTMENT
ENVIRONMENTAL HEALTH DIVISION
Effective Date:
GENERAL:
• Effective September 30, 2002, local health departments are enabled by the North Carolina
General Assembly to charge a fee for plan review of food service establishments as required
by T15A: 18A .2600 - "Rules Governing the Sanitation of Restaurants And Other
Foodhandling Establishments."
• This ability to charge fees does not extend to those facilities whose plans are reviewed and
approved by the State of North Carolina as prototypical franchises or chain facilities.
• The maximum fee for a plan review is two hundred dollars ($200.00)
FEES:
• The fee for any plan review shall be submitted in full with the plan.
• Staff are not able to take fees in the field.
• Graduated fees for facilities will be determined by the following scale:
Seventy-five dollars ($75.00) for facilities with a total facility area of 1,500 square feet
or less.
One hundred twenty-five dollars ($125.00) for facilities with a total facility area of
greater than 1,500 square feet, but less than or equal to 5,000 square feet.
Two hundred dollars ($200.00) for facilities with a total facility area of greater than
5,000 square feet.
The total facility area shall include all indoor finished area of the facility and the area
proposed for any outdoor dining.
REFiJNDS:
• There will be no partial refund of any fee.
• Once the plan review has been initiated by staff, no refund will be made for fees.
• There will be no refund of a fee if the plan is rejected, incomplete or otherwise not approved
by the staff.
• Plans maybe altered, amended or revised without being charged additional fees if the
square footage of the facility is not increased above the applicable threshold described in the
FEES section above as a result of the changes. In no case will the total fees charged exceed
two hundred dollars ($200.00).
APPLICABILITY:
• Fees maybe assessed to restaurants, food stands, meat markets or other similar facilities that
are permitted and inspected by the Orange County Health Department.
• Fees will not be assessed to school lunchrooms or catered elderly nutrition sites.
• Plans may be required by staff for the following situations:
1. New establishments.
2. Additions, kitchen modifications, changes in floor plans, increases in seating, equipment
changes, or other actions that significantly impact the operation of the facility.
3. Change of ownership of the facility requiring a new or transitional permit.
NORTH CAROLINA DEPARTMENT OF .
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL HEALTH
MICHAEL F. EASLEY, GOVERNOR
WILLIAM G. ROSS, JR., SECRETARY
LINDA C. SEWALL, DIRECTOR
MICHAEL U. RHODES, SECTION CHIEF
October 2, 2002
Memorandum:
To: Local Health Directors; Environmental Health Supervisors
From: Bart Campbell RS;MPA
Section Field Supervisor
Environmental Health Services Section
Division of Environmental Health
Subject: Local Plan Review Fee Legislation
~~~
NCDENR
On Sept. 30, 2002 Governor Mike Easley signed into law AN ACT TO
MODIFY THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2001 AND TO MAKE
OTHER CHANGES IN THE BUDGET OPERATION OF THE STATE. This new law
establishes a Plan Review fee for the Department of Environment and Natural Resources and
enables local health departments to charge up to $200.00 for food establishment plan review.
These are plans that involve food service operations that are required to be reviewed by local
health departments. The State Plan Review office began charging a fee October 1, 2002.
The following is the excerpt of the law related to Plan Review fees for local health departments.
SECTION 29A.16. G.S. 130A-248 is amended by
adding two new subsections to read:
"~ In addition to the fe
of this section the Dep es under subsection (d)
artment may charge a fee of two hundred
dollars (.$200 00) for pl
franchised or chain faci an review of or prototype
lities for food establishments subiect
to this section All of th e fees collected under this subsection
port
may be used to su~ the State food Iodr~ing,L,and institution
,
sanitation programs an
~ Any local health de
not to exceed two hund d activities under this Part.
partment may charge a fee
red dollars I',~200 00~}~plan review by
that local health depart ment of plans for food establishments
subject to this section t hat are not subject to subsection 1'e1
of this section All of th e fees collected under this subsection
may be used for local f ood IodgjIlg„ and in~t~tlltinn sanitation
programs and activities No food establishment that mays a fee
under subsection (~ of this sectlnn is liahle fnr a fee under
this subsection."
SECTION 29A.17. Except as otherwise provided,
this subpart becomes effective October 1, 2002.
It is very important that we work together to make sure plans are not charged for twice. The
ENVIRONMENTAL HEALTH SERVICES SECTION -
1632 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699.1632 TELEPHONE 919-733.2884 FAX 919715.4739
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
industry made it clear that they were not opposed to a fee provided they did not get charged twice
for review of the same plan.
As with any new legislation there will be many questions requiring interpretation. We are
currently with the Attorney General's Office on questions from many of you. As we receive new
information I will make sure you are updated.
Thank you all for the efforts made to get this'fee increased approved.
ENVIRONMENTAL HEALTH SERVICES SECTION -CHILDREN'S ENVIRONMENTAL HEALTH BRANCH
1632 MAIL 3ERYICE CENTER, RALZIOH, NORTH CJIROIJNA 27699.1652 TEI~HONt 919.71 SE381 .FAX 919.7154739
AN EcauAtOPPORTUMTY/AFFIRMATIVEACflON EMPtAYER