|No establishment shall commence or continue operation without a permit or transitional permit issued by the Department. The permit or transitional permit shall be issued to the owner or operator of the establishment and shall not be transferable. If the establishment is leased, the permit or transitional permit shall be issued to the lessee and shall not be transferable. If the location of an establishment changes, a new permit shall be obtained for the establishment. A permit shall be issued only when the establishment satisfies all of the requirements of the rules. The Commission shall adopt rules establishing the requirements that must be met before a transitional permit may be issued, and the period for which a transitional permit may be issued. The Department may also impose conditions on the issuance of a permit or transitional permit in accordance with rules adopted by the Commission. A permit or transitional permit shall be immediately revoked in accordance with G.S. 130A-23(d) for failure of the establishment to maintain a minimum grade of C. A permit or transitional permit may otherwise be suspended or revoked in accordance with G.S. 130A-23.
If ownership of an establishment is transferred or the establishment is leased, the new owner or lessee shall apply for a new permit. The new owner or lessee may also apply for a transitional permit. A transitional permit may be issued upon the transfer of ownership or lease of an establishment to allow the correction of construction and equipment problems that do not represent an immediate threat to the public health. Upon issuance of a new permit or a transitional permit for an establishment, any previously issued permit for an establishment in that location becomes void.
Establishments (i) that are incorporated as nonprofit corporations in accordance with Chapter 55A of the General Statutes or (ii) that are exempt from federal income tax under the Internal Revenue Code, as defined in G.S. 105-228.90, or (iii) that are political committees as defined in G.S. 163-278.6(14) and that prepare or serve food or drink for pay no more frequently than once a month for a period not to exceed two consecutive days, including establishments permitted pursuant to this Part when preparing or serving food or drink at a location other than the permitted locations. A nutrition program for the elderly that is administered by the Division of Aging of the Department of Health and Human Services and that prepares and serves food or drink on the premises where the program is located in connection with a fundraising event is exempt from this Part if food and drink are prepared and served no more frequently than one day each month. You must still contact this office and provide documentation to prove that you are tax exempt.
15A NCAC 18A .2607 STANDARDS AND APPROVAL OF PLANS
(a) Plans, drawn to scale, and specifications, including the proposed menu, for new food service establishments shall be submitted for review and approval to the local health agency prior to initiating construction. Plans, drawn to scale, and specifications including the proposed menu shall also be submitted prior to construction of changes in the dimensions of food preparation areas, seating capacity or the addition of rooms to existing food service establishments. These plans shall include changes related to the increase in dimensions of food preparation areas, seating capacity or the addition of rooms.
(b) Plans, drawn to scale, and specifications including the proposed menu, for prototype "franchised" or "chain" facilities shall be submitted for review and approval to the Environmental Health Services Section, Division of Environmental Health. Plans for "franchised" or "chain" facilities which are certified by an architect to be the same or substantially similar to the prototype facility and "franchised" or "chain" facilities which are not prototypes shall be submitted only to the local health agency as required in Paragraph (a) of this Rule. At the time of submission to the local health agency, an architect shall set forth in writing how these plans differ from the prototype plans approved by the Division. Copies of this letter shall be submitted to the Environmental Health Services Section and the local health agency.
(c) Construction shall comply with approved plans and specifications.
It is the responsibility of the owner or operator to meet all building codes, zoning ordinances, fire, tax and other laws, rules and ordinances applicable to the food service operation. Nothing in these rules shall be interpreted to exempt any tattoo operation from the rules or ordinances of other agencies.
The facility must be either hooked up to a public water system or well water. If the facility is connected to well water, then a water sample must be taken prior to opening.
Sewage shall be disposed of into either a proper onsite sewage system or public waste water system. If your facility has an onsite sewage system, a tank check is required to ensure that the existing system is sized properly.