Maricopa County Environmental Health Code January 27, 2021 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER I GENERAL PROVISIONS REGULATION 1. Definitions The following definitions shall apply throughout this Environmental Health Code, unless a different meaning is clearly indicated by the context or is stated in another chapter. a. “Approved” or "approval" means acceptable to the Department and so stated in writing. b. “Board” means the Maricopa County Board of Supervisors. c. “Board of Health" means the Board of Health of Maricopa County. d. “Chairman” means the Chairman of the Maricopa County Board of Supervisors. e. “Clerk” means the Clerk of the Maricopa County Board of Supervisors. f. “Counsel” means an attorney licensed to practice law in the State of Arizona. g. “County” means Maricopa County. h. “Department” means the Maricopa County Environmental Services Department. i. “Environmental Health Code” means all of the rules and regulations which are adopted by the Board of Health and the Board of Supervisors pursuant to A.R.S. 36-183.02 through 36-183.07, 36-184, 36-187(C), 11-251 Paragraphs 17 and 31, 11-251.05, 11- 251.08, 49-106, and 49-107, and which remain in force. j. “Environmental Health Officer” means the Director of the Maricopa County Environmental Services Department or his/her authorized Agents. k. “Municipality” means an incorporated area within Maricopa County. l. “Notice" means an enforcement Notice issued by the Environmental Health Officer. m. “Parties” means the Defendant and the County. n. “Permit” means a written permit to operate, issued by the Maricopa County Environmental Services Department. o. “Person” includes any natural individual, firm, trust, partnership, association, institution, public body, corporation, or any other entity and includes the plural as well as the singular, feminine as well as the masculine. 1-1 R 9-25-2013 p. “Predominately” pertains only to fees as used in this Chapter I, Regulation 5 a. of the Environmental Health Code and means 75% or greater of the operations of or proceeds generated by a 501(c)(3) charitable non-profit establishment that provides relief for the poor, distressed or under-privileged. q. “Public Water System Site” means the location where an actual or planned potable water system structure or set of structures are or will be operated and maintained by a public water system. Typical structures at a drinking water system site may include, but are not limited to, wells, treatment facilities, chlorinators, storage tanks, and pressure regulating facilities. Distribution system appurtenances, such as valves, fire hydrants, sampling ports, meters, service lines, and piping, may be a part of a drinking water system site, but do not in themselves constitute a drinking water system site. r. “Regulation” means the regulations in this Environmental Health Code and the regulations of the Arizona Departments of Health Services and Environmental Quality. REGULATION 2. Purpose The rules and regulations adopted and contained herein, and the enforcement thereof by the Department, are designed and intended to provide minimum standards for the protection of the health of the people of Maricopa County and to prevent the creation or maintenance of unhealthful, unsanitary conditions or public health nuisances, and shall be liberally construed to accomplish these purposes. REGULATION 3. Responsibilities - Right of Inspection a. The owner, person in charge of control, lessee, tenant, and occupant of every building, establishment, premises, place, potable water supply, sewage works, sewerage, drainage, or wastewater reclamation system has the duty to take all necessary, reasonable and usual precautions to keep, place and preserve the same in such condition, and to conduct and maintain the same in such manner, that it shall not be dangerous or deleterious to the public or in violation of the rules and regulations in this Environmental Health Code or the regulations of the Arizona Departments of Health Services and Environmental Quality. b. No person shall refuse to allow the Department to inspect fully any and all premises or facilities at any reasonable time, and no person shall molest or resist the Department in the discharge of its duties whether in inspections for application approval or for the enforcement of this Environmental Health Code. REGULATION 4. Permits, Service and Other Requirements a. No person shall conduct an operation or operate an establishment for which a permit is required without holding the necessary and valid permit to do so, unless otherwise specified in this Environmental Health Code. 1-2 R 1-27-2021 b. Permit application shall be made on forms provided by the Department and shall be completed in all pertinent details. c. (1) No application for permit shall receive approval and no permit shall be issued and no facility for which a permit is required shall be placed in operation until the applicant demonstrates to the Department full compliance with the provisions of this Environmental Health Code, unless otherwise specified in this Environmental Health Code. (2) The Environmental Health Officer may refuse to issue a permit to any person if the person fails to demonstrate sufficient reliability, expertise, integrity and competence to fulfill the requirements for permit and comply with applicable rules and regulations of this Environmental Health Code. d. Any person denied a permit based on Regulation 4.c.(2) of this Chapter may exercise the following options: (1) Request, in writing, that the Environmental Health Officer specify conditions necessary to provide reasonable assurance that full compliance with provisions of this Environmental Health Code will be achieved. The Environmental Health Officer within five (5) working days of the request shall specify said conditions; or (2) Request in writing a hearing before the Environmental Health Officer as specified in Chapter I, Regulation 6. e. In cases where the Department requires the submission of plans and specifications, no person shall commence construction unless the required plans have been approved. It shall be the full responsibility of said person that construction is in conformance with the approved plans and specifications. f. The approval of plans and specifications shall lapse and become invalid one year from the date of approval unless a substantial portion of the work described in the plans and specifications has commenced by such anniversary date. An approval of plans and specifications can be renewed for one year if an application for renewal is submitted within 180 days prior to expiration and a fee equal to one-half (1/2) of the flat fee or initial plan review fee is paid. The approval will be effective for one year from the date of expiration. g. (1) Permits are valid for one calendar year from the initial issue date unless revoked by the Department. All permit fees are nonrefundable. (2) Annual permit fees are due on the date the permit expires. If the annual permit fee is not paid on or prior to the due date, the permit shall be automatically extended for 30 days on the condition the annual permit fee and a permit reinstatement fee are paid within 30 days after the date the permit expired. If the permit holder fails to pay the annual permit fee and 1-3 R 7-22-2015 the permit reinstatement fee within the 30-day extension period, the permit shall be deemed expired and void. Each establishment, premises or vehicle that has not paid the annual permit fee and reinstatement fee within the 30-day extension period, shall immediately cease operating and may apply for a new permit pursuant to Regulation 4 of this chapter. (3) A permit reinstatement fee becomes due for failure to pay the permit fee within one calendar month of the permit fee due date. h. No permit is transferable from person-to-person or place-to-place. i. Each permit certificate shall be kept at the establishment, premise or designated vehicle and displayed in a conspicuous place designated by the Department. Where practicable, permits shall be framed and protected against damage and abuse. j. Permit fees are nonrefundable. REGULATION 5. Fees a. No permit shall be issued, and no permit is valid, until the permit fee is received by the Department, except that the operator of a charitable nonprofit establishment (which operates to provide relief predominantly for the poor, distressed or under- privileged) may apply to the Board of Health for a waiver of permit fee. A waiver of fee may be granted only to the operator of an establishment, which maintains a current 501(c)(3) tax exempt designation from the Department of the Treasury, Internal Revenue Service, who demonstrates to the Board of Health that payment of said fee will cause financial hardship. Board of Health granted fee waivers expire pursuant to the required permit listing in section d. of this regulation. Application for a permit fee waiver shall be made using forms provided by the Department. (1) Applications for waivers of Temporary Food Establishment fees will be processed on a first come, first served basis in accordance with Regulation 5 a. of this Chapter I of the Environmental Health Code. the Department shall only present a maximum of twenty-five (25) of such applications per event to the Board of Health. (2) A waiver of fees associated with the administering and issuance of a food employee certificate in compliance with A.R.S. § 41-1080, may be granted to the operator of an establishment, which maintains a current 501(c)(3) tax exempt designation from the Department of the Treasury, Internal Revenue Service and must demonstrate to the Board of Health that payment of said fees will cause financial hardship. (3) To a current student, enrolled in a K-12 culinary arts school program or other similar curriculum-based programs requiring a food employee certificate from their students to be in compliance with this code.