1. Existing Immediate Health Hazard. When an immediate health hazard exists for which there is no acceptable corrective remedy other than immediate closure of the food establishment.

Examples: Loss of refrigeration capacity or power; sewer backup and flooding; damage to the structure caused by accident or construction so that sanitary conditions cannot be maintained; loss of potable water supply; communicable disease in food workers of a severity, in the judgment of the Health Officer, to cause a serious public health hazard; red item violations (regardless of hazard points) not immediately corrected or correctable; other situations deemed by the Health Officer to represent an immediate health hazard with the potential to cause foodborne illness.

2. Ongoing and Repeated Violations. When there exist ongoing and repeated violations of food service regulations, of a nature and severity to warrant enforcement action, and when reasonable effort has been made to achieve voluntary compliance.

3. Hazard Points Following Office Conference. When, after an office conference has been conducted, follow-up inspection at any time results in 100 or more total hazard points or 75 or more red item hazard points.

4. Failure to Inspect, Maintain and Operate an On-Site Sewage System (OSS) in Accordance with Chapter 246-272 WAC. When a food service establishment fails to annually inspect, maintain and operate an OSS in accordance with WAC 246-272-15501(4).

1. Existing Immediate Health Hazard. When the food program sanitarian determines that an immediate health hazard exists at a food establishment and suspension of the permit immediately is indicated, the sanitarian will confirm this opinion by calling the office and obtaining authorization to close the food establishment from a member of the environmental health supervisory staff. The food program sanitarian will then complete the “Interim Health Officer’s order” form and issue to the person in charge at the time at the food establishment. The interim order will be followed by a confirming Health Officer’s order delivered in the same manner as set forth in subsection (B)(2) of this section.

2. Ongoing and Repeated Violations. When the food program sanitarian determines that an ongoing and repeated violation of a significant nature has occurred in a food establishment and suspension of the permit is indicated, the sanitarian will confirm this opinion by calling the office and obtaining authorization to close the food establishment from a member of the environmental health supervisory staff. The food program sanitarian will then complete the “Interim Health Officer’s order” form and issue it to the person in charge at the time at the food establishment. The interim order will be followed by a confirming Health Officer’s order mailed to the permit holder both by regular and certified mail. Notice by mail will be considered acceptable service if for some reason the order cannot be delivered to the establishment.

3. Hazard Points Following Office Conference. When an inspection shows the existence of 100 or more total hazard points or 75 or more red item hazard points and the red item hazard points are corrected, an office conference will be scheduled within five days’ time. The problems in food handling identified by the inspection will be reviewed with the operator who will be advised that subsequent findings of a like nature, 100 or more total or 75 or more red items, will result in automatic closure. Such closure will follow the same procedures as outlined in subsection (B)(2) of this section. Each owner will be allowed one office conference (provided red items and significant blue items are immediately corrected), the purpose of which will be educational and instructional in nature in lieu of automatic closure. Office conferences will be followed by additional inspections beyond the routine inspection schedule as established by the Food Program Supervisor. A fee, as established by the Board of Health, will be charged for office conferences and additional inspections necessitated by high hazard points.

1. Notice to Health District. The food establishment permit holder will notify the Health District when the violations causing the suspension of the permit have been corrected and request a reinspection. Such notification can be made by telephone.

2. Reinspection. The Health District will arrange for reinspection as soon as possible and not later than 48 hours after receiving notice from the permit holder. No reinspection will be made the same day as the day of permit suspension and in no instance will permit reinstatement become effective the same day as the day of permit suspension. No permit reinstatement will occur until after a successful reinspection, and permit reinstatement will be considered interim until such time as the permit reinstatement fee is paid.

3. Permit Reinstatement Fee. A permit reinstatement fee, as established by the Board of Health, will be required to reinstitute a food establishment permit after the establishment has been closed by Health Officer’s order. Payment must be received in the Health District’s Environmental Health Division office not later than the close of business (5:00 p.m.) on the first business day following the interim permit reinstatement or the permit will be considered invalid and the establishment immediately subject to SHDC 2.40.050. The permit reinstatement fee is doubled where permit suspension was the result of operations found to be continuing with an existing immediate health hazard.

1. Request for Hearing. Any food establishment permit holder who feels that suspension of a permit is an incorrect action may request a hearing. Such request must be filed with the Health Officer not later than 10 calendar days, with the date of suspension counting as the first day. The request for a hearing must specifically state which violations cited by the food program sanitarian were incorrectly cited, or which portions of the enforcement procedures were incorrectly applied. Issues not addressed in the request for a hearing will not be considered at the time of the hearing.

2. Conduct of Hearings. The Health Officer will arrange for a hearing to be conducted by the Health Officer or the Health Officer’s designee. The time and place of the hearing will be designated by the Health Officer and be within 30 calendar days of receipt of the request for a hearing. The Health Officer or designee shall make a final finding based upon the complete hearing record and shall sustain, modify or rescind any notice or record considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the Health Officer or designee.

3. Food Establishment Permit Remains Suspended. The request for a hearing will not stay the suspension of the food establishment permit.

4. Fee for Hearing. The filing of a request for hearing on suspension shall be accompanied by the payment of a fee. This fee shall be the same fee as the Environmental Health Division fee for a step two appeal procedure as set forth in the most recently published Environmental Health Division fee schedule. No hearing shall be scheduled or conducted without receipt of the fee payment. The fee shall be refunded if the appellant prevails in the hearing. [Res. 01-18. Res. 96-24. Res. 95-16, Eff. 05/09/95. Res. 93-32, Eff. 11/09/93. Res. 90-01. Res. 88-59. Res. 85-43. Prior code § 10.2(III)].