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HomeMy WebLinkAboutChapter 7: Health City of Edina Health 700.05 CHAP'T'ER 7. HEALTH Section 700 - Community Health Board, Department of Health and Sanitarian 700.01 Board of Health Created; Adoption of State Statute. A Community Health Board is continued pursuant to M.S. Chapter 145A. It is to be composed of the members of the Council. The provisions of M.S. Chapter 145A are hereby incorporated into and made a part of this Code by reference thereto. 700.02 Duties of Community Health Board. The Community Health Board shall make the investigations and reports and obey the directions concerning communicable diseases as the Minnesota Commissioner of Health may require or give. Under the general supervision of said Commissioner, the Board shall cause any State laws and regulations relating to the public health to be obeyed and enforced. The Community Health Board shall also have general supervision of the enforcement of sections of this Code relating to public health and sanitation by the City Department of Health as set forth in Subsection 700.03. 700.03 City Department of Health Continued. A City Department of Health is hereby continued. It is to be composed of a Sanitarian and such other persons as may be deemed necessary and advisable. 700.04 Sanitarian. The Sanitarian shall be appointed by the Manager. The Manager may also appoint a deputy sanitarian. The deputy sanitarian shall assume all the duties of the Sanitarian during the Sanitariaes absence. The Sanitarian and the deputy sanitarian shall be qualified for such position by academic training or experience in matters concerned with and related to public health. 700.05 Duties of City Department of Health. The City Department of Health shall perform such duties as may be assigned to it by the Community Health Board. The City Department of Health shall enforce all sections of this Code relating to health, sanitation and the control and prevention of communicable diseases. It also shall inspect sanitary conditions in the City and shall perform such other duties as may be required by this Code. History: Ord 701 codified 1970 Reference. M.S. 145A 700 - 1 City of Edina Health 705.04 Section 705 - Storage, Collection and Disposal of Refuse and Compostable Materials 705.01 Definitions. Unless the context clearly indicates otherwise, the following terms shall have the meanings given them in this Subsection: Subd. 1 Refuse. All solid waste products which are composed wholly or partly of such materials as garbage, sweepings, cleanings, trash, rubbish, litter, industrial solid wastes or domestic solid wastes including organic wastes or residues of animals, meat, fruit, vegetables, grains or fish; animal excreta or carcasses of animals; rubbish including wood, leaves, vegetation, tree trimmings, dead trees and shrubs,branches, sawdust,shavings,grass, paper products, straw,rags,clothing and all other combustibles; waste matter composed of soil, clay, sand, earth, gravel, fill, stones, bricks, plaster, glass, glassware, crockery, ashes, cinders, shells, metal and other non-combustibles; waste debris resulting from the construction, demolition, repair, or alteration of structures or buildings; accumulated waste materials composed of cans, containers, tires, junk, vehicle parts or other substances which may become a nuisance. Subd. 2 Compostable Materials. Leaves, grass clippings, garden plants, wood ashes, fresh fruit, vegetable scraps, coffee grounds, and commercially available compost ingredients. Compostable materials do not include meat scraps, bones, grease, oil, eggs, dairy products, branches, human or pet excreta, plastics or other materials which may adversely affect public health. 705.02 Refuse Containers. The owner or occupant of any premises where refuse may be present, shall provide and keep on such premises sufficient containers for the storage of all refuse accumulating on the premises between collections. Each container shall have a close-fitting top. Containers shall be constructed of non-combustible materials and have non-combustible covers. Dumpsters shall be constructed of metal. 705.03 Refuse Storage. All refuse on any premise shall be stored in the fully covered containers required by Subsection 705.02, except as provided in Subsections 705.04 and 715.03 of this Code. 705.04 Location of Containers. Subd. 1 Refuse Containers. Containers on residential properties shall be placed in such a manner as to be out of view from the street in front of the premises or in a garage located on the premises. Containers on non-residential properties shall be fully screened from all lot lines as provided by Section 850 of this Code. In no event shall containers be placed next to the street or curb or be placed or maintained in such a way as to unreasonably interfere with the use of adjoining 705 - 1 City of Edina Health 705.08 property. Containers kept outside shall be placed and kept in such a manner as not to permit entry of or harborage for animals, insects or other vermin. Subd. 2 Grass Clippings and Leaves. Grass clippings and leaves may be placed next to the street or curb adjoining residential properties for pick-up provided that such grass clippings and leaves so placed shall be (i) stored within a bag designed for such purpose, and (ii) placed at the curb no more than 12 hours prior to the scheduled pickup. 705.05 Frequency and Manner of Collection. The contents of the containers shall be collected once every week, by a collector duly licensed by the City, or more frequently if required by the provisions of any other section of this Code. Provided, however, occupants of a dwelling unit in the R-1 District or R-2 District, as established by Section 850 of this Code, who generate 30 gallons or less of refuse weekly may arrange for collection not less often than once every 14 days. The collector shall transfer the contents of the containers to the collector's vehicle without spilling, or if any spilling occurs, the collector shall clean it up completely. Upon each collection, the containers shall be completely emptied and returned to the location where kept, and the lids of the containers shall be replaced. 705.06 Defective Containers. Whenever a container is in poor repair, is corroded or otherwise defective so as to permit insects, vermin or rodents to enter, or does not meet any other requirement of this Section, the collector shall notify the owner or manager of the premises of the deficiency. The notice shall describe the deficiency and shall require repair or replacement. Upon the next collection, if the deficiency has not been corrected, the collector shall notify the Sanitarian. The Sanitarian shall then inspect said container and, if found deficient, condemn the same. The collector shall not collect the contents of any container marked as condemned. 705.07 Abatement of Nuisance. Any accumulation of refuse not placed in containers is declared to be a nuisance. Any accumulation of refuse placed in containers but not removed from the premises within the time period provided in Subsection 705.05 is declared to be a nuisance. Nuisances shall be abated by order of the Sanitarian as provided by M.S. 145A.04, Subd. 8 and the cost of abatement may be charged and assessed against the property where the nuisance was found pursuant to Section 1200 of this Code. 705.08 Composting. Notwithstanding other provisions of this Section, compostable materials may be stored on a residential lot subject to the following requirements: Subd. 1 Containers. Compostable materials shall be placed within a container of durable material including but not limited to wire fencing, rot resistant wood, concrete block or brick, or a commercially manufactured container designed for composting. Containers shall be maintained in sound condition and shall be capable of securing all compostable material. Subd. 2 Location of Containers. Compost containers shall not be located within 705 - 2 City of Edina Health 705.10 the front yard as defined in Section 850 of this Code and shall not be located within five feet of a side or rear lot line. Compost containers shall not be located within 20 feet of a principal use building other than the principal use building owned by the owner of the compost container. Subd. 3 Maximum Size. A compost container shall not exceed 30 square feet in area on lots with a lot area less than 9000 square feet and shall not exceed 50 square feet in area on lots with a lot area of 9000 square feet or more. The height of the container and the compostable material stored in the container shall not exceed four feet. Subd. 4 Maintenance. Compost containers and compostable materials shall be maintained so as not to create odors, rodent harborage or a fire hazard. Subd. 5 Abatement of Nuisance. Compost containers or compostable materials which are not in compliance with this Subsection are declared to be a nuisance which shall be abated as provided in Subsection 705.07. 705.09 Organized Collection. The City may organize the collection of refuse pursuant to the procedures established by M.S. 115A.94. 705.10 Collection of Recyclables; Districts. The Council, by resolution, may establish the entire City as a district for the collection of recyclables as defined in Section 715 of this Code, or may establish more than one such district within the City. The Council also, by resolution, may designate one or more collectors in each such district for collection of recyclables in that district on terms and conditions to be agreed upon by each such collector and to be approved by resolution of the Council. History. Ord 711 codified 1970; amended by Ord 711 Al, Ord 711-A2, 7-28-7(; Ord 711-A3, 3-7-84, Ord 711-A4 9-2-87, Ord 711-A5 5-25-88, Ord 711-A6 6-14-89 Reference. M.S. 115A.94, 145A.04 Cross Reference. Sections 715, 850 705 - 3 City of Edina Health 710.04 Section 710 - Private Sewage Disposal Systems 710.01 Definitions. Unless the context clearly indicates otherwise, the following terms have the meanings given in this Subsection. Flush Toilet. A closet or plumbing receptacle containing a portion of water which receives human excreta and so designed as by means of a flush of water to discharge the contents of the receptacle to an outlet connection. Habitable Building. Any structure where persons reside, are employed, or congregate. Other Toilet Devices. Privies, septic toilets, chemical closets, and such other devices used for the disposal of human excreta. Portable Toilet Device. Any non-flush toilet device which is enclosed, is designed for receipt and storage of human excrement, is capable of being transported for temporary use and is constructed to provide for removal of the stored excrement in a clean and sanitary manner. Private Sewage Disposal System. Any privy, cesspool, dry well, toilet, seepage pit, sewer pipe, septic tank, subsurface disposal system, or any similar contrivance used in the disposal of sewage whether specifically named in this Section or not. Private sewage disposal systems include individual sewage treatment systems as defined by the Minnesota Pollution Control Agency. 710.02 Faulty Condition of Private Sewage Disposal System It shall be unlawful for any person to occupy or permit to be occupied any habitable building where effluent from a private sewage disposal system does not drain completely out of such habitable building or drains on or through the surface of the ground, or into any ditch, storm sewer, lake or stream. 710.03 MPCA Standards Adopted. The standards for private sewage disposal systems issued by the Minnesota Pollution Control Agency and published in Minnesota Rules, 1991, Chapter 7080, are adopted and incorporated in this Code by reference. 710.04 Requirements for Private Sewage Disposal Systems; Permit and Fee. Subd. 1 Connection. All flush toilets, lavatories, sinks, bathtubs, showers, laundry drains and any other similar fixtures constructed to be used to receive or conduct water-carried sewage, if not required to be connected to the City sewer system in accordance with Section 445 of this Code, shall be connected to a septic tank of a type approved by the Sanitarian, and finally disposed of in a manner approved by this Section. 710 - 1 City of Edina Health 710.05 Subd. 2 Location of Septic Tanks. No septic tank shall be located where it is inaccessible for cleaning or inspection purposes. No septic tank, tile field, or any part of a septic tank or the field may be located on any property other than that of the habitable building which it serves. Subd. 3 Permit and Approval of Plans. Any person who shall construct, reconstruct, or replace any private sewage disposal system shall first obtain a written permit and approval of plans and specifications from the Sanitarian and pay a fee in the amount set forth in Section 185 of this Code. The application for the permit shall be made on forms provided by the Sanitarian. The private sewage disposal system shall be constructed in accordance with the approved plans and specifications, which shall comply with the requirements of Subsections 710.03, 710.04 and 710.05. 710.05 Prohibited Devices; Abandonment or Connection to Municipal Sewer System. Subd. 1 Other Toilet Devices. No 'other toilet devices"as defined in Subsection 710.01 may be erected, used or maintained within the City. They shall be removed upon written demand of the City given to the owner of the property as determined by the records of the City. If not promptly removed after such demand is made they shall be declared to be a nuisance and may be abated and the costs charged to the property where located pursuant to Subsection 705.07 of this Code. Portable toilet devices operated and maintained by a scavenger licensed pursuant to Section 1305 of this Code are permitted for use at construction sites, during sporting events and during fairs, carnivals and other civic activities. Subd. 2 Abandonment or Connection. Whenever the use of any private sewage disposal system is abandoned, or whenever any building is connected to the municipal sewer system, the private sewage disposal system shall be pumped and filled with earth material approved by the Sanitarian at the time of connection or immediately upon abandonment. If not so pumped and filled, such system is declared to be a nuisance and may be abated and the cost charged and assessed against the property where the system is located, all pursuant to Subsection 705.07 of this Code. Subd. 3 Private Sewage Pumping Schedule. Each private sewage disposal system remaining active on any property shall be pumped at least once every two years and inspected by a licensed scavenger and such pumping shall be recorded on a form provided by the City and delivered to the City within ten days after such pumping and inspection. The pumping and inspection shall be undertaken pursuant to a permit duly issued in accordance with Subsection 1305.09 of this Code. The Sanitarian may vary the above-described pumping and inspection requirement only after facts have been presented to the Sanitarian sufficient, in the determination of the Sanitarian, to conclude, in the Sanitarian's sole discretion, that a less frequent 710 - 2 City of Edina Health 710.05 pumping schedule will not damage or adversely affect the absorbency of the drain field or otherwise adversely affect the public health, safety or welfare. History: Ord 712 codified 1970; amended by Ord 712 AI 5-13-81 Cross Reference. Sections 185, 445, 1305; Subsections 705.07, 1305.09 710 - 3 City of Edina Health 715.03 Section 715 - Mandatory Separation and Storage of Recyclables 715.01 Purpose. The purpose of this Section is to require mandatory separation of recyclables to aid and promote collection and disposal by means other than deposit in a sanitary landfill or by burning. 715.02 Definitions. Unless the context clearly indicates otherwise, the following terms shall have the meanings given in this Subsection. Dwellings. Those dwellings described at (i), (ii) and (iii) of the definition of Premises in this Subsection. Premises. (i) All single family dwellings now or hereafter located in the Single Dwelling Unit District (R-1), (ii) all double dwellings now or hereafter located in the Double Dwelling Unit'District (R-2), (iii) all dwelling units in a building in a Planned Residence District (PRD or PSR) or Mixed Development District except, however, those in a building in the PRD-5 subdistrict, (iv) all buildings in a PRD-5 subdistrict, (v) all buildings or parts of buildings now or hereafter owned by or leased to the City and located in the City, except, however, park shelters or park toilet buildings, and (vi) all buildings or parts of buildings now or hereafter owned by or leased to the School District and located within the City. The location of a dwelling or a building in any zoning district and definitions of terms used in this Subdivision shall be as set forth in Section 850 of this Code. Recyclables. Newsprint, corrugated paper,glass containers, aluminum foil and cans, tin cans, steel cans, bi-metal cans and plastic bottles reasonably free of food, dirt and other contaminants. Also included as a recyclable is any other material that the City may hereafter be required to collect as a recyclable by the County. For purposes of this Section, recyclables shall not be refuse, as defined in Section 705 of this Code. Resident. (i) Every person who is an owner or occupant of a dwelling, (ii) the City as to the buildings or parts of the building described at (v) of the definition of Premises in this Subsection, and (iii) the School District as to buildings or parts described at (vi) of the definition of Premises i!l this Subsection. School District. Independent School District No. 273. 715.03 Separation and Storage of Recyclables. Subd. 1 Responsibility of Separating Recyclables. Every resident of every premises except the premises described at (iv) of the definition of Premises in Subsection 715.02 shall separate the recyclables from their respective premises from all other refuse, as defined in Section 705 of this Code. As to the premises 715 - 1 City of Edina Health 715.04 described at (iv) of the definition of Premises in Subsection 715.02, it shall be the obligation and responsibility of the manager or owner of such premises, and not of the individual occupants, to separate recyclables as required by this Subdivision. Subd. 2 Containers for Recyclables. Containers for storage of recyclables shall be kept in the same location as is designated by Section 705 of this Code for refuse containers. Residents of those dwellings described at (i) and (ii) of the definition of Premises in Subsection 715.02, residents of townhouses as defined in Section 850 of this Code, and residents of dwelling units in buildings with eight units or less (in this Code called "multi-unit buildings"), not earlier than 12 hours prior to the day scheduled for collection of their recyclables, shall place the container holding the recyclables at a place adjacent to the dwelling or multi-unit building or garage accessory to the dwelling or multi-unit building and visible from the street in front of the dwelling or multi-unit building, or at the alley if the dwelling or multi-unit building has refuse collection service at the alley. After the scheduled collection, the containers and any recyclables or material not collected shall be returned by the resident of such dwelling to the same location designated for storage by this Subsection. Subd. 3 Storage of Recyclables. Recyclables shall be stored in containers designed for the storage of recyclables. The contents of such containers shall be regularly collected and disposed of in accordance with Subsections 715.04 and 715.05. The containers and surrounding area shall be maintained in such condition and manner so as to prevent rodent and insect harborage. Any accumulation of recyclables not maintained as provided in this Subsection is declared to be a nuisance and shall be abated and costs charged to the property in which the nuisance is located in accordance with Subsection 705.07 of this Code. 715.04 Collection of Recyclables. Subd. 1 Selecting and Paying Hauler. Collection of recyclables from premises shall be by a hauler selected and paid by a resident of the premises or by a manager of the premises or by an association governing the premises, but which hauler is then duly licensed by the City under Section 1300 and other applicable provisions of this Code. The collection shall be done in compliance with all applicable provisions of this Code. Subd. 2 City Contract with Hauler. The foregoing provisions of Subd. 1 of this Subsection notwithstanding, the City, at any time and from time to time, may contract with a hauler for collection of recyclables from some or all premises. If the City so contracts, the recyclables shall be collected from the premises covered by such contract by the hauler under contract with the City and on terms and conditions set out in such contract. Subd. 3 Disposal by Resident. Neither the provisions of Subd. 1 or Subd. 2 of 715 - 2 City of Edina Health 715.07 this Subsection, or any other provisions of this Section, shall prevent any resident from disposing of such resident's recyclables without the use of a paid hauler or the City collector, but such resident shall comply with the provisions of Subsection 715.05. Subd. 4 Reporting Recyclables. The manager or governing association of premises as defined at (iii) and (iv) of the definition of Premises in Subsection 715.02, shall report to the Manager, upon written request from time to time made by the Manager or Manager's designee, and on forms prescribed by the Manager or Manager's designee, such information relative to the program for separation, storage and collection of recyclables then in effect for such premises as the Manager or Manager's designee, shall request. 715.05 Disposal of Recyclables. Recyclables collected from premises shall not, in any event, (i) be deposited in any landfill, (ii) be burned in any incinerator, or (iii) be deposited or distributed in any way or manner which is contrary to then applicable provisions of this Code or State law. Provided, however, that the restrictions at (i) and (ii) above shall not apply to recyclables which are deposited in a landfill or burned pursuant to specific prior written approval granted by the County and consented to, in writing, by the City. Residents shall take such action as is reasonable under the circumstances to determine that recyclables are not disposed of contrary to the provisions of this Subsection. 715.06 Reports to City. As and when requested by the City, the City and School District shall require the haulers of their respective recyclables, who are not under contract with the City, to keep complete and accurate records of the total tons of recyclables collected each month from their respective premises, together with the actual weight or percentage of the total that each recyclable material represents, and the markets used for the sale of and primary purchasers of such recyclables. The records shall be sent to the City upon request. The City and School District shall also require their haulers, who are not under contract with the City, to prepare and submit to the City, at the request of the City, any other reports, data and information relative to the separation, collection and disposal of recyclables as may be required by provisions of this Code or State law as applicable, or which may be requested of the City by the County. All such records, reports, data and information, once received by the City, shall become the property of the City to be used as it shall determine without obligation to any person. 715.07 Controlling Effect. The provisions of this Section shall control over any contrary or inconsistent provisions of Section 705 of this Code. History. Ord 715 adopted 6-14-89; amended by Ord 715 AI 12-19-90. Cross Reference: Sections 705, 850, 1300 715 - 3 City of Edina Health 720.02 Section 720 - Food Establishments and Food Vending Machines 720.01 Purpose and Objectives 720.16 Disease Prevention and Control; 720.02 Definitions Employee Practices 720.03 Scope 720.17 Equipment and Facilities 720.04 License Administration 720.18 Cleaning, Sanitization and 720.05 Inspection and Correction Storage of Equipment and Utensils 720.06 Plan Review of Future Construction 720.19 Physical Facilities and Sanitation 720.07 Misrepresentation of Food 720.20 Garbage and Refuse Disposal 720.08 Emergency First Aid for Choking 720.21 Insect;Rodent and Animal Control 720.09 Minnesota Clean Indoor Air Act 720.22 Construction and Maintenance of Physical 720.10 Industry Self-Survey and Training Facilities Responsibility 720.23 Lighting 720.11 Itinerant Food Establishments,Mobile 720.24 Ventilation Food Services and Pushcarts 72025 Dressing Rooms and Locker Areas 720.12 Food and Food Handling 72026 Poisonous or Toaic Materials 720.13 Food Protection 72027 Premises 720.14 Temperature Maintenance 720.28 Food Vending Machines 720.15 Preparation,Display and Service 72029 Requirements for Itinerant Food Establishments, Mobile Food Services or Pushcarts 720.30 State Licensing 720.01 Purpose and Objectives. The purpose of this Section is to establish standards to protect the health, safety and the general welfare of the public pursuant to powers granted under M.S. 145A.03 through 145A.08. The general objectives of this Section include the following: A. Prevent food-borne illness. B. Correct and prevent conditions that may adversely affect persons utilizing food establishments. C. Provide minimum standards for the design, construction, operation and maintenance of food establishments. D. Meet consumer expectations of the quality and safety of food establishments. 720.02 Definitions. The following definitions shall apply in the interpretation and enforcement of this Section: Adulterated. Any condition of a food if it bears or contains any poisonous or deleterious substance for which no safe tolerance has been established or in excess of such tolerance if one has been established; if it consists in whole or in part of 720 - 1 City of Edina Health 720.02 any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human consumption; if it has been processed, prepared, packed, or held under insanitary conditions, where it may have been rendered injurious to health; if it is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter; or if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health. Approved. Acceptable to the Sanitarian according to applicable standards in this Section and good public health practices. Catering Food Establishment. A food establishment where food is prepared and served on the premises and is delivered for sale or service off the premises. Catering Food Vehicle. Any food vehicle used to transport any food from its point of preparation to a point where the food is served from the vehicle to the consumer. Clean. Free from insects, vermin, and debris and free from physical, chemical, and microbial substances discernible by ordinary sight or touch, by ultraviolet light, by artificial light, and by the safranine-o dye test or by microscopic or microbiological examination. Closed. Fitted snugly together leaving no openings large enough to permit the entrance of vermin. Commissary. A catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged, or stored. Corrosion-resistant Materials. Materials which maintain their original surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and bactericidal solution, and other conditions-of-use environment. Day Care, Limited Food Establishment. Any establishment in a day care or drop in center in which the food prepared or served on the premises is limited to snacks, personal bag lunches, milk or juice, and meals catered by another licensed food establishment. Easily Cleanable. Surfaces which are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by ordinary cleaning methods. Embargo. The withholding of food, equipment, utensils, or clothing from sale or use in any establishment licensed as a restaurant, boarding house, or place of refreshment until approval is given by the Sanitarian for such sale or use. 720 - 2 City of Edina Health 720.02 Employee. Any person who renders personal service,with or without compensation, within a food establishment. Equipment. Stoves, ovens, ranges, hoods, slicers, mixers, meatblocks, tables, counters, refrigerators, freezers, ice machines, sinks, dishwashing machines, steam tables, fixed and mobile manufacturing, processing, packaging and conveying equipment, and similar items other than utensils used in the operation of a food or beverage service establishment. Food. A raw, cooked, or processed edible substance, ice, beverage, water, or any ingredient used or intended for use or for sale in whole or in part for human consumption. Food-Contact Surface. Surfaces of equipment and utensils with which food normally comes in contact, and surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food. Food Establishment. Any building, room, stand, enclosure, vehicle, space, area, or other place where food is stored, prepared, manufactured, processed, wrapped, canned, packed, bottled, transported, distributed, or served,whether or not the food is consumed on the premises. Food Vehicle. Any food establishment consisting of a mobile vehicle which hauls any food for the purpose of delivery. Food Vending Machine. Any type of mechanical device which operates by the insertion of a coin of more than one cent, or of a token, and which delivers or permits the removal from such machine of any food except ice. Food Warehouse. Any food establishment in which purchased food is stored but not offered for retail sale and in which no other food handling activities take place. Garbage. Any discarded material resulting from the handling, processing, storage, preparation, serving, and consumption of food. Hermetically Sealed Container. Any container designed and intended to be secure against the entry of micro-organisms and to maintain the commercial sterility of its content after processing. Home Prepared Food. Any food which has been processed or prepared in a place other than a licensed food establishment or a food establishment exempt from licensing requirements of this Section by Subsection 720.03. Itinerant Food Establishment. A food establishment operating for a temporary period, including but not limited to a fair, carnival, circus, church supper, or public 720 - 3 City of Edina Health 720.02 exhibition. Kitchenware. All multi-use utensils other than tableware. Misbranding. The use of any written, printed, or graphic matter upon or accompanying products or containers of food, including signs, or placards, displayed in relation to such products so dispensed, which is false or misleading, or which violates any local, State or federal labeling requirements. Mobile Food Service. Any food service establishment that is a vehicle mounted unit, either motorized or trailered, and readily movable without disassembling, for transport to another location and remaining for no more than 14 consecutive days at any one place. NSF International. Any standard issued and recommended by the National Sanitation Foundation International for equipment used in food establishments. The standards are published by NSF International, 3475 Plymouth Road, P.O. Box 130140, Ann Arbor, Michigan 48113-0140. The standards listed in Subsection 720.17, Subd. 2, paragraph C and Subsection 720.18, Subd. 6, paragraphs D and E, are incorporated by reference and made a part of this Code and are available through the Minitex interlibrary loan system. All NSF International standards referred to in this Code are hereby adopted and incorporated into and made a part of this Section by reference thereto. Packaged. Bottled, canned, cartoned, or securely wrapped. Packaged Food Sales. A food establishment in which the retail sale of prepacked food products for off-premises preparation or consumption occurs and the primary business of which food establishment is other than food and food product sales. Perishable Food. Any food of the type or in the condition that may spoil. Person in Charge. The individual present in a food service establishment who is the apparent supervisor of the food service establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge. Potable Water. Water of a quality and from a source of supply and system operated, located, and constructed in accordance with the State Department of Health rules relating to public water supplies, water wells, and plumbing installations. Potentially Hazardous Food. Any food that consists in whole or in part of milk or milk products, eggs, meat,poultry, fish, shellfish, mollusk, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms. The term does 720 - 4 City of Edina Health 720.02 not include foods which have a pH level of 4.6 or below or a water activity (aW) value of 0.85 or less. Potentially Hazardous Food Vehicle. Any food vehicle, except a catering food vehicle, which is used to transport potentially hazardous food as herein defined within or into the City. Pre-Packaged Food. Wholesome food packaged in a substantial, clean container or wrapper in a licensed and inspected food establishment meeting all of the requirements of this Section. Pushcart. Any non-selfpropelled vehicle limited to serving nonpotentially hazardous foods or commissary-wrapped food maintained at proper temperatures, or limited to the preparation and serving of frankfurters and other precooked ready-to-eat link sausages. Reconstituted. Dehydrated products recombined with water or other liquids. Retail Candy Shop. A food establishment where wrapped or unwrapped candy, or wrapped snacks, are sold or offered for sale to the consumer. Safe Material. Articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in becoming a component or otherwise affecting the characteristics of any food. If materials used are food additives or color additives as defined in the Federal Food, Drug and Cosmetics Act, United States Code, Title 21, Section 321, they are safe only if they are used in conformity with regulations established pursuant to the Act, as provided by United States Code, Title 21, Sections 348 or 376. Other materials are safe only if, as used, they are not food additives or color additives as defined in United States Code, Title 211, Section 321 and are used in conformity with all applicable regulations of the United States Food and Drug Administration. Safe Temperatures. As applied to potentially hazardous food, safe temperatures mean temperatures of 40 degrees Fahrenheit (four degrees centigrade) or below, and 150 degrees Fahrenheit (66 degrees centigrade) or above. Safe Water. Water which is not adulterated and which is free from pathogens and coliform organisms. Safe Water Supply. A source of safe water from either the municipal water system or a source of water, the operation, location and construction of which have been approved by the Minnesota Department of Health. Sanitization. The effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the 720 - 5 City of Edina Health 720.04 bacterial count, including pathogens, to a safe level on utensils and equipment. Sealed. Free of cracks or other openings that permit the entry or passage of moisture. Single-Service Articles. Cups,containers,lids, closures,plates,knives,forks, spoons, stirrers,paddles,straws,placemats,napkins,doilies,wrapping materials,toothpicks, and similar articles intended for one-time, one-person use and then discarded. Smooth Having an even surface, free of cracks, chips, open seams, rust, corrosion, breaks, pits, checks, and ridges. Smooth (With Reference to Equipment and Utensil Surfaces). In addition to the other definition of"smooth" in this Section, "smooth" (with reference to equipment and utensil surfaces) means a surface which, in the case of stainless steel, nickel alloy or other corrosion-resistant metal, has at least a No. 4 mill finish; or, in the case of cast and forged steel and cast nickel alloy, has a roughness not exceeding American Standard No. 125; or, in the case of other noncorrosion-resistant alloys, is at least as smooth as commercial grade rolled steel and is free of loose scale. Tableware. All multi-use eating and drinking utensils including flatware. Take-Out Food Service. A food establishment in which food is prepared on the premises but is sold to be consumed off the premises and which does not allow the consumption of food on or near the premises. Utensils. Any kitchenware, tableware, dishes, glassware, cutlery, pots, pans, and containers used in the storage, preparation, transportation, or service of food. 720.03 Scope. This Section shall be applicable to all food establishments except food service operations conducted in and for a house of worship when the food service is primarily limited to preparation, service or consumption by the members of the congregation of the house of worship or food service operations by the Minnesota Department of Agriculture pursuant to M.S. 28A. 720.04 License Administration. Subd. 1 License Required. No person shall operate a food establishment or operate any of the following types of enterprises within the City without first obtaining a license of the applicable type described in this Section, pursuant to this Section: Catering food establishment license. Catering food vehicle license. 720 - 6 City of Edina Health 720.04 Day care, limited food establishment license. Food establishment license. Food vehicle license. Food vending machine license. Food warehouse license. Itinerant food establishment license. Mobile food service license. Packaged food sales license. Potentially hazardous food vehicle license: Pushcart license. Retail candy shop license. Take-out food license. Subd. 2 Special Requirements for Food Vehicles or Potentially Hazardous Food Vehicles. A. When five or more food vehicles or potentially hazardous food vehicles are operated by the same person in the same business in the City the person may obtain a fleet license in lieu of a separate license for each vehicle. If such fleet license is suspended or revoked, such suspension or revocation shall affect every vehicle licensed under the fleet license. Subd. 3 Application and License Fee. A. The application for a license under this Section shall be submitted on forms provided by the Sanitarian. The application shall be accompanied by the fee in the amount set forth in Section 185 of this Code, provided that licenses applied for after October 1 may be charged one-half of the full license fee. B. An additional fee shall be charged for each additional service or operation which is separate, distinct or unique from the central or main food establishment, as determined by the Sanitarian. 720 - 7 City of Edina Health 720.05 C. The fee for a food establishment license or take out food establishment license or a catering food establishment license shall be reduced by $50.00 where the owner, the operator, or the manager in charge of daily operations, is trained and certified by a public or private organization or entity approved by the Sanitarian in Hazard Analysis and Critical Control Point Menu Analysis, or similar training approved by the Sanitarian, and such certification is current at time of issuance of the license and will be valid during the license term. Subd. 4 License Procedure and Control. The provisions of Section 160 of this Code shall apply to all licenses required by this Section and to the holders of such licenses. Subd. 5 Term. Licenses issued pursuant to this Section shall expire on March 31 of each calendar year. 720.05 Inspection and Correction. Subd. 1 Inspection of Food Establishments. The Sanitarian may inspect any food establishment as frequently as the Sanitarian may deem necessary to ensure compliance with this Section. Subd. 2 Report of Inspection. The Sanitarian shall cause a written report of inspection to be delivered to the holder of the license or to any of the agents or employees at the licensed premises, either in person or by certified mail. A copy of the report shall be filed with the City Department of Health. Subd. 3 Correction of Violations. All owners or operators of food establishments, having received a report giving notification of one or more violations of this Section, shall remove or correct the violation so listed within the time limit specified in the report. Subd. 4 Inspection; Interference with Sanitarian. The Sanitarian shall, after proper identification, have the right at all reasonable times to enter upon premises licensed under this Section and to inspect any food establishment, shop, or vehicle required to be licensed under this Section. No person shall interfere with or hinder the Sanitarian in the performance of the Sanitarian's duties, or refuse to permit the Sanitarian to make such inspection. Subd. 5 Food Samples. Samples of food may be collected without cost and examined by the Sanitarian as often as may be necessary for the enforcement of this Section. Subd. 6 Embargo. The Sanitarian may embargo and forbid the sale of, or cause 720 - 8 City of Edina Health 720.06 to be removed or destroyed, any food that is unwholesome or adulterated;prepared, processed, handled, packaged, transported, or stored in an unwholesome manner; unfit for human consumption; or otherwise prohibited by law. Equipment and utensils, which do not meet the requirements of this Section may be embargoed. Equipment and utensils must be released from the embargo upon notification to the Sanitarian by the person in charge of modification of the equipment or utensils to meet the requirements or this Section and after inspection of the utensils and equipment by the Sanitarian. Subd. 7 Condemnation. The Sanitarian may condemn and cause to be removed any food, equipment, clothing, or utensils found in a food establishment, the use of which would not comply with this Section and also may condemn and cause to be removed any equipment, clothing or utensils which by reasons of dirt, filth, extraneous matter, insects, corrosion, open seams, or chipped or cracked surfaces is unfit for use. Subd. 8 Tags. The Sanitarian may place a tag to indicate the embargo or the condemnation upon food, equipment, utensils, or clothing. No person shall remove the tag except under the direction of the Sanitarian. Subd. 9 Unhealthful Food Required to be in Garbage Cans. It shall be unlawful for any person to permit any unwholesome or adulterated food to be or remain in any food establishment unless such food is placed in a garbage can or garbage receptacle. The presence of unwholesome or adulterated food in any food establishment and not in a garbage can or garbage receptacle shall be prima facie evidence of the intended sale of it as food. 720.06 Plan Review of Future Construction. Subd. 1 Plan Review Required. Whenever a food or beverage service establishment is to be newly constructed, enlarged, repaired, renovated or extensively remodeled, and whenever an existing structure is to be converted to use as a food or beverage service establishment, properly prepared plans and specifications for the construction, remodeling, or conversion must be submitted to the Sanitarian for review and approval before construction, remodeling, or conversion is begun. The plans and specifications must indicate the proposed layout, arrangement, plumbing specifications, construction materials of work areas, and the type and model number of proposed equipment and facilities. The plans and specification, submitted in duplicate and drawn to scale, must be legible and complete in all details. Subd. 2 Issuance of Permit, Construction, Inspection. The Building Official shall not issue a building permit for a food establishment or remodeling or alteration permit for such establishment until such plans have the approval of the Sanitarian. All work must be performed in substantial conformance with the approved plans. The Sanitarian shall inspect the food or beverage service establishment before the 720 - 9 City of Edina Health 720.09 start of operation to determine compliance with the approved plans and specifications. Subd. 3 Equipment. All equipment installed by any person shall comply with Subsection 720.17. All equipment shall be subject to final on-site approval. Preliminary equipment approval may be granted if inspected off-site. Equipment not approved by the Sanitarian upon final inspection must be removed within 48 hours unless additional time is granted in writing. Subd. 4 Conditional Approval. At the time of issuance of a building permit, the Sanitarian may place limitations on the approval in the form of notations on the plan or by letter or any other written communication, due to lack of information or required changes. The applicant may proceed with such construction, remodeling, alteration or equipment installation and replacement, provided that the applicant or other person shall not violate the conditions contained within the written limitations. Failure to observe the conditions of any written limitations shall be a violation of this Section. Subd. 5 Plan Review Fee. A food establishment that submits plans for new construction or for addition to, remodeling, repair or renovation of its premises shall be charged a food establishment plan review fee in the amount set forth in Section 185 of this Code. 720.07 Misrepresentation of Food. The person in charge of any food or beverage service establishment shall not in any way misrepresent food or beverages offered to the public. Practices which constitute misrepresentation include: A. The sale of adulterated food; B. The substitution of food items of lesser quality, or food different from items as advertised; C. Making statements giving incorrect or deceptive points of origin; D. Making misleading statements of size, number, weight, or price; and E. Not meeting standards of identity prescribed by law for certain foods. 720.08 Emergency First Aid for Choking. A food service establishment which is not an itinerant food establishment, mobile food service, or pushcart must post a chart, approved by the Sanitarian, illustrating the use of an emergency first aid procedure to relieve a patron with a restricted airway. The illustration must be posted in an area where all employees may easily see it. 720.09 Minnesota Clean Indoor Air Act. The person in charge of a food or beverage 720 - 10 City of Edina Health 720.12 service establishment shall make adequate provisions to meet the requirements of the Minnesota Clean Indoor Air Act. (M.S. 144.411 through 144.417) 720.10 Industry Self-Survey and Training Responsibility. Every food establishment shall arrange for and maintain a program of sanitation self-inspection conducted by the owner, manager, sanitation supervisor, or designated agent. The Sanitarian may require a food establishment to maintain in employment an owner, manager, sanitation supervisor or designated agent approved by the Sanitarian who can demonstrate knowledge and proficiency in the prevention of food-borne illness and approved food sanitation practices and techniques. Such knowledge and proficiency may be demonstrated by maintaining written policies or guidelines for food preparation and equipment or utensil cleansing or such other means as approved by the Sanitarian. 720.11 Itinerant Food Establishments, Mobile Food Services and Pushcarts. Itinerant food establishments and mobile food services and pushcarts must comply with all provisions of this Section which are applicable to their operation. The establishments and units must be operated in an approved manner. If necessary to protect public health, the Sanitarian shall impose additional requirements to protect against health hazards related to the conduct of their operation and shall prohibit the sale or giveaway of some or all potentially hazardous foods. When no health hazard is likely to result, the Sanitarian may modify specific requirements for physical facilities. 720.12 Food and Food Handling. Subd. 1 Food Sources and Supplies. Food must be free from spoilage, filth, or other contamination and must be safe for human consumption. Food must be obtained from sources that comply with laws relating to food and food labeling and approved by the Sanitarian. The use, storage, or serving of food in hermetically sealed containers not prepared in a food processing plant licensed by the United States Department of Agriculture, Food and Drug Administration, or Minnesota Department of Agriculture, and other food not prepared in a licensed food establishment is prohibited. Subd. 2 Special Requirements. Fluid milk and fluid milk products used or served must be pasteurized and must meet the Grade A quality standards in M.S. 32. Fluid milk and fluid milk products must be served to the consumer in individual, unopened,commercially filled original containers not exceeding one pint in capacity, or drawn from a commercially filled container stored in a mechanically refrigerated bulk milk dispenser. Where a bulk dispenser for milk and milk products is not available and portions of less than one-half pint are required for mixed drinks, cereal, or dessert service, milk and milk products may be poured from a commercially filled container of not more than one-half gallon capacity. Nondairy creaming or whitening agents must be provided in an individual service container or drawn from a refrigerated dispenser designed for such service. Dry milk, dry milk products, and nondairy product substitutes may be used in instant dessert and 720 - 11 City of Edina Health 720.12 whipped products or for cooking, baking, manufacturing, and processing purposes only. Subd. 3 Variance for Certain Establishments. A variance covering dispensing of milk or milk products to the consumer in food services such as day care centers, boarding and lodging houses, and children's camps may be granted by the Sanitarian to permit milk to be poured from a commercially filled container of not more than one gallon capacity into the drinking vessel. Subd. 4 Frozen Foods. All frozen dairy foods such as ice cream, frozen custards, ice milk, milk sherbet, fruit or ice sherbet, yogurt, and frozen malted milk must meet requirements in M.S. 32. Subd. 5 Shellfish. Fresh and frozen shucked shellfish, including oysters, clams, or mussels, must be packed in nonreturnable packages identified with the name and address of the original shell stock processor, shucker-packer, or repacker, and the interstate certification number issued according to United States Code, Title 42, Section 243, and Code of Federal Regulations, Title 21, Section 1240.60. Shell stock and shucked shellfish must be kept in the container in which they were received until they are used. Each container of unshucked shell stock, including oysters, clams, or mussels, must be identified by an attached tab that states the name and address of the original shell stock processor, the kind and quality of shell stock, and an interstate certification number issued by the state or foreign shellfish control agency. Subd. 6 Meat. All meat and meat products received, kept, or used in any manner in a food establishment must be officially identified as having been inspected by the United States Department of Agriculture in accordance with the Federal Meat Inspection Act, United States Code, Title 21, Sections 601 to 691. Products upon which any official identification is lost by reason of processing must be identified by the name and location of the processor. Subd. 7 Poultry. All poultry and poultry meat products must be clean, wholesome, free from spoilage and adulteration and must be processed ina food establishment meeting the requirements established in the Poultry and Poultry Products Inspection Act, United States Code, Title 21, Sections 451 to 469. Only clean whole eggs, with shell intact and without cracks or checks, or pasteurized liquid, frozen, or dry eggs or pasteurized dry egg products must be used, except that hard-boiled, peeled eggs, commercially prepared and packaged may be used. Liquid, frozen, and dry eggs and egg products may be used only for cooking, baking, manufacturing, and processing purposes. Subd. 8 Lubricants. Only food grade lubricants of a safe material must be used on equipment designed to receive lubrication of bearings and gears on or within food-contact surfaces. 720 - 12 City of Edina Health 720.14 720.13 Food Protection. Subd. 1 General Requirements. Food must be protected from potential contamination including: A. Dusts, insects, rodents, and other vermin; B. Unclean equipment, work surfaces, utensils, and facilities; C. Unnecessary or improper handling; D. Coughs and sneezes; E. Flooding, drainage, and overhead leakage or drippage; and F. Utensils or equipment which have not been given bactericidal treatment. Adequate and approved protection of all food must be provided after delivery and while being stored, prepared, displayed, served, or sold in food establishments or transported between establishments. Subd. 2 Emergency Occurrences. In the event of a fire, flood, power outage, or other event that might result in the contamination of food, or that might prevent potentially hazardous food from being held at required temperatures, the person in charge shall immediately contact the Sanitarian. Upon receiving notice of this occurrence, the Sanitarian shall take action that is necessary to protect the public health. 720.14 Temperature Maintenance. Subd. 1 Potentially Hazardous Foods. The internal temperature of all potentially hazardous foods must be maintained at 40 degrees Fahrenheit (four degrees centigrade) or below, or 150 degrees Fahrenheit (66 degrees centigrade) or above, except during preparation. Potentially hazardous foods requiring refrigeration after preparation must be rapidly cooled to an internal temperature of 40 degrees Fahrenheit (four degrees centigrade) or below within four hours after removal from the heating or hot holding device. Frozen food must be kept frozen and should be stored at an internal temperature of zero degrees Fahrenheit (minus 18 degrees centigrade) or below. Subd. 2 Storage Facilities. Adequate,properly designed,and conveniently located mechanical refrigeration or hot food storage facilities must be provided to ensure the maintenance of potentially hazardous food at required temperatures. Each storage facility must be provided with a numerically scaled thermometer accurate to plus or minus three degrees Fahrenheit (plus or minus two degrees centigrade) 720 - 13 City of Edina Health 720.14 located to measure the air temperature in the warmest part of the refrigeration facility or the coldest part of the hot holding facility. Thermometer must be securely fastened and located to be easily readable. Where it is impractical to install a fixed thermometer on equipment such as cold table tops, steam tables, processing lines, kettles, heat lamps, or portable transport carriers, a product thermometer of metal stem type construction, numerically scaled, and accurate to plus or minus two degrees Fahrenheit (plus or minus one degree centigrade) must be provided and used to check internal food temperatures. Subd. 3 Poultry. Poultry, poultry stuffings, stuffed meats, and stuffings containing meat must be cooked to heat all parts of the food to at least 165 degrees Fahrenheit (74 degrees centigrade) with no interruption of the cooking process. Subd. 4 Pork Pork and any food containing pork must be cooked to heat all parts of the food to at least 150 degrees Fahrenheit (66 degrees centigrade), or, if cooked in a microwave oven, to at least 170 degrees Fahrenheit (77 degrees centigrade). Subd. 5 Beef Roasts. Beef roasts must be cooked according to the following requirements: A. When beef roasts under ten pounds (five kilograms) in weight are cooked in a still dry heat oven, the oven must be preheated to and held at an air temperature of at least 350 degrees Fahrenheit (177 degrees centigrade) throughout the process. If cooked in a convection oven, the oven must be preheated to and held at an air temperature of at least 325 degrees Fahrenheit (163 degrees centigrade) throughout the process. B. When beef roasts of ten pounds (five kilograms) or over in weight are cooked in a still dry heat oven, the oven must be preheated to and held at an air temperature of at least 250 degrees Fahrenheit (122 degrees centigrade) throughout the process. C. In order to meet public health requirements for the processes in items A and B, the following table lists the minimum internal temperature of the beef roast for the minimum time the roast needs to be held at such temperature: MINIMUM HOLDING TIMES FOR BEEF ROASTS AT VARIOUS INTERNAL TEMPERATURES Minimum Minimum internal holding temperature time 720 - 14 City of Edina Health 720.14 Degrees Degrees Fahrenheit Centigrade Minutes 130 54.4 121 131 55.0 97 132 55.6 77 133 56.1 62 134 56.7 47 135 57.2 37 136 57.8 32 137 58.4 24 138 58.9 19 139 59.5 15 140 60.0 12 141 60.6 10 142 61.1 8 143 61.7 6 144 62.2 5 D. If cooked in a microwave oven, beef roasts must be cooked to an internal temperature of at least 145 degrees Fahrenheit (63 degrees centigrade). Subd. 6 Reheating. Potentially hazardous foods that have been cooked and then refrigerated, if reheated, must be heated rapidly throughout to 165 degrees Fahrenheit (74 degrees centigrade) or higher before being served or before being placed in a hot food storage facility. Steam tables, bainmaries,warmers, and similar hot food holding facilities are prohibited for the rapid reheating of potentially hazardous foods. Subd. 7 Thawing Potentially Hazardous Foods. Potentially hazardous foods must be thawed in one of the following ways: A. In refrigerated units at a temperature not to exceed 40 degrees Fahrenheit (four degrees centigrade); B. Under potable running water of a temperature of 70 degrees Fahrenheit (21 degrees centigrade) or below, with sufficient water velocity to agitate and float off loose food particles directly to the drain; C. In a microwave oven only when the food will be immediately transferred to conventional cooking facilities as part of a continuous cooking process or when the entire, uninterrupted cooking process takes place in the microwave oven; or 720 - 15 City of Edina Health 720.15 D. As part of the conventional cooking process. 720.15 Preparation, Display, and Service. Subd. 1 Minimum Manual Contact. Food must be prepared or processed with the least possible manual contact and in a manner that prevents cross-contamination of products. Only suitable utensils or equipment which have been cleaned, rinsed, and sanitized before use to prevent cross-contamination, must be used in food preparation. Subd. 2 Raw Fruits and Vegetables.Raw fruits and vegetables must be thoroughly washed with potable water before being cooked or served. Separate sinks or vats shall be provided for this purpose. Subd. 3 Re-Service. Once food has been served to a consumer, it must not be served again, except that packaged food, other than potentially hazardous food, that is still packaged and is in sound condition may be re-served. Subd. 4 Shellfish. Mollusks and crustacea, if served on the shell, must be served in the original shell. Reuse of shells for food service is prohibited. Subd. 5 Condiment Dispensing. Condiments, seasonings, and dressings for self- service use must be provided in individual packages, from dispensers, or from approved containers. Condiments provided for table or counter service must be individually portioned, except that catsup and other sauces may be served in the original container or pour-type dispenser. Sugar for consumer use must be provided in individual packages or in pour-type dispensers. Subd. 6 Dispensing Utensils. To avoid unnecessary manual contact with food, suitable dispensing utensils or equipment must be used by employees or provided to consumers who serve themselves. Between uses during service, dispensing utensils must be: A. Stored in the food with the dispensing utensil handle extended out of the food; or B. Stored clean and dry; or C. Stored in running water; or D. Stored either in a running water dipper well, or stored clean and dry in the case of dispensing utensils and malt collars used in preparing frozen desserts. Subd. 7 Display Equipment. Food on display must be protected from consumer 720 - 16 City of Edina Health 720.15 contamination by the use of packaging or by the use of easily cleanable counter, serving line or salad bar food shields, display cases, or by other effective means. Adequate and sufficient hot or cold food equipment must be available to maintain the required temperature of potentially hazardous food on display. Subd. 8 Reuse of Tableware. Reuse of soiled tableware and single-service articles by self-service consumers returning to the service area for additional food must be prohibited. Beverage cups and glasses are exempt from this requirement. Subd. 9 Food Transportation. The requirements of temperature,storage,display, and those imposed for the protection of food against contamination, as contained in this Section, must also apply in the transporting of food from one food establishment or other location to another food establishment or other location for delivery, service, or catering operations. Subd. 10 Storage. Food, whether raw or prepared, if removed from the container or package in which it was obtained, must be stored in a clean, covered container. The container need not be covered during necessary periods of preparation or service. Container covers must be impervious and nonabsorbent, except that clean linens or napkins may be used for lining or covering bread or roll serving containers. Solid cuts of meat must be protected by being covered in storage, except that sides, quarters, or primal cuts of meat may be hung uncovered on clean hooks if no food product is stored beneath the meat. Subd. 11 Containers. Containers of food must be stored a minimum of six inches above the floor in a manner that protects the food from splash and other contamination, and that permits easy cleaning of the storage area. Containers may be stored on dollies, racks, or pallets, provided the equipment is easily movable and constructed to allow for easy cleaning. Food and containers of food must not be stored under exposed or unprotected sewer lines or similar sources of potential contamination. The storage of food in toilet rooms or vestibules is prohibited. Subd. 12 Cross-Contamination. Food not subject to further washing or cooking before serving must be processed and stored in a way that protects it against cross- contamination from food requiring washing or cooking. Raw fruit and vegetables shall not be washed in sinks used for equipment washing. Subd. 13 Packaged Food. Packaged food must not be stored in contact with water or undrained ice. Wrapped sandwiches must not be stored in direct contact with ice. Ice intended for human consumption must not be used for cooling stored food, food containers, or food utensils. Subd. 14 Bulk. Bulk foods such as cooking oil,legumes, tubers, grains, syrup, salt, sugar, or flour and related derivative products not stored in the product container or package in which it was obtained, must be stored in a container identifying the 720 - 17 City of Edina Health 720.16 food by common name. Subd. 15 Ice Dispensing. All ice must be manufactured only from potable water. Ice must be handled and transported in single-service containers, or in utensils which have been subjected to bactericidal treatment. Buckets, scoops, and ice containers, unless they are single-service utensils, must be made of a smooth, impervious material and designed to facilitate cleaning. They must be clean at all times. Canvas containers must not be used. If ice-crushers are used, they must be easily cleanable, must be maintained in a clean condition, must be subject to bactericidal treatment and must be covered when not in use. Ice for consumer use must be dispensed with scoops or tongs from a properly protected storage device, or other ice self-dispensing utensils, through automatic single-service ice dispensing equipment, or be prepacked and portion controlled. Ice dispensing utensils must be stored on a clean surface or in the ice with the handle of the dispensing utensil extended out of the ice. Between uses, ice transfer receptacles must be stored in a way that protects them from contamination. 720.16 Disease Prevention and Control; Employee Practices. Subd. 1 Prohibited Persons. No person shall work in a food establishment in any capacity in which there is a likelihood of the person contaminating food or food- contact surfaces with pathogenic organisms or transmitting disease to other persons while: A. Infected with a disease in a communicable form that can be transmitted by foods; B. While being a carrier of organisms that cause such a disease; or C. While afflicted with a boil, an infected wound, or an acute respiratory infection. Subd. 2 Procedure when Infection is Suspected. When the Sanitarian has reasonable cause to suspect the possibility of disease transmission from a food- service establishment employee, the Sanitarian shall secure an illness or morbidity history of the suspected employee or make such other investigation as may be indicated and take appropriate action. The Sanitarian may require any or all of the following measures: A. The immediate exclusion of the employee from all food service establishments; B. The immediate closure of the food service establishment concerned until, in the opinion of the Sanitarian, no further danger of disease outbreak exists; 720 - 18 City of Edina Health 720.16 C. Restriction of the suspected employee's services to an area of the establishment where there would be no danger of transmitting disease; and D. Adequate medical and laboratory examinations of the suspected employee, or other employees, and any bodily discharges. Subd. 3 Clothing. Employees shall wear clean outer garments used only for duty in the food establishment. Hairnets, headbands, caps, or other hair restraints must be worn to prevent the contamination of food, utensils, and equipment. Hair spray is not an acceptable hair restraint. Subd. 4 Employee Practices. Employees shall comply with the following requirements: A. All employees shall thoroughly wash their hands and the exposed portions of their arms with soap and warm water in an approved handwashing facility before starting work, during work as often as is necessary to keep them clean, and after smoking, eating, drinking or using the toilet. Employees shall keep their fingernails clean and trimmed, shall maintain a high degree of personal cleanliness, and conform to hygienic practices during all periods of duty. B. Employees must not use tobacco in any form while on duty to handle, prepare, or serve food, or clean utensils and equipment in a food establishment. Employees may use tobacco only in designated locations approved by the Sanitarian. C. All employees may consume food only in designated dining areas. An employee dining area must not be designated if consuming food in that location could cause contamination of other food, equipment, utensils, or other items needing protection. D. Employees shall handle soiled equipment or utensils in a manner that minimizes contamination of their hands. E. No person shall perform any act or engage in any practice which may contaminate food, equipment or utensils. Clean spoons, knives and forks shall be picked up or touched only by their handles. Clean cups, glasses, and bowls, shall be handled without fingers or thumbs contacting the inside surfaces or surfaces which come into contact with the mouth. A spoon or other utensil, once used for tasting of foods, shall be cleaned and subjected to bactericidal treatment prior to re-use for any purpose. No person shall remove soiled dishes by placing fingers in glasses or cups, or by picking up utensils by soiled surfaces instead of handles. No person shall scratch the head, pinch face pimples, pick the nose, mouth the fingers or pencil, sneeze 720 - 19 City of Edina Health 720.17 or cough without washing the hands immediately afterwards and before continuing or returning to work. 720.17 Equipment and Facilities. Subd. 1 General. A food establishment must have equipment, applicable to the operation conducted, which is designed, constructed, installed, located, and maintained according to this Subsection. Subd. 2 Sanitary Design, Construction, and Installation of Equipment and Utensils. A. All new and replacement equipment and utensils must be of such material, workmanship, and design as to be smooth, easily cleanable, resistant to wear, denting, buckling, pitting, chipping, and crazing; and capable of withstanding scrubbing, scouring, repeated corrosive action of cleaning compounds, and other normal conditions and operations. B. Food contact surfaces must be nontoxic. Food contact surfaces and surfaces which come in contact with food debris must be readily accessible for cleaning and inspection. C. All equipment installed or placed in service must comply with the following NSF International standards when applicable: 1. Standard No. 1, Soda Fountain and Luncheonette Equipment, June 1984. 2. Standard No. 2, Food Service Equipment, November, 1987. 3. Standard No. 3, Spray Type Dishwashing Machines, June 1982. 4. Standard No. 4, Commercial Cooking and Hot Food Storage Equipment, June 1986. 5. Standard No. 5, Commercial Hot Water Generating Equipment, November 1983. 6. Standard No. 6, Dispensing Freezers, November 1982. 7. ANSI/NSF 7-1990 Standard No. 7, Food Service Refrigerators and Storage Freezers, October 1990. 8. Standard No. 8, Commercial Powered Food Preparation Equipment, November 1985. 720 - 20 City of Edina Health 720.17 9. Standard No. 12, Automatic Ice Making Equipment, November 1984. 10. Standard No.13, Refuse Compactors and Compactor Systems, May 1985. 11. Standard No. 18, Manual Food and Beverage Dispensing Equipment, November 1987. 12. Standard No. 20, Commercial Bulk Milk Dispensing Equipment and Appurtenances, November 1985. 13. Standard No. 25, Vending Machines for Food and Beverage, November 1987. 14. Standard No. 26, Pot, Pan and Utensil Washers, December 1980. 15. Standard No. 29, Detergent and Chemical Feeders for Commercial Spray Type Dishwashing Machines, June 1982. 16. Standard No. 35, Laminated Plastics for Surfacing Food Service Equipment, May 1985. 17. Standard No. 51, Plastic Materials and Components Used in Food Equipment, May 1978. 18. Standard No. 59, Food Carts, June 1986. 19. Criteria C-2, Special Equipment and/or Devices, November 1983. D. Used equipment which has met or exceeded the requirements of the NSF International under earlier standards may be installed when the equipment is in good repair and does not constitute a health hazard as determined by the Sanitarian. Equipment in use at the time of adoption of this Code which does not fully meet paragraph C. of this Subd. 2 may be continued in use only if it is in good repair, capable of being maintained in a sanitary condition,has food-contact surfaces that are nontoxic, and is approved by the Sanitarian. E. All equipment must be kept in good repair and installed and maintained to facilitate its cleaning and the cleaning of adjacent areas. F. Equipment which cannot be moved by reason of its weight or for the reason that it is attached to utilities, floors, walls or ceilings, (herein referred to as "fixed equipment") shall be installed on raised solid platforms of concrete or other smooth masonry and sealed in such manner as to prevent 720 - 21 City of Edina Health 720.17 liquids or debris from seeping or settling underneath, or shall be elevated on legs or feet at least six inches above the floor. Fixed equipment intended for placing on tables or counters but which is not sealed to them, shall be mounted on legs or feet at least four inches high. Fixed equipment shall be installed flush to the wall with the space closed and sealed in such a manner as to prevent liquids or debris from seeping or settling behind or between, or installed with an unobstructed space of at least 30 inches from the wall to the back of such equipment. The space between adjoining units of fixed equipment, and the space between the side of such a unit and the adjacent wall shall be sealed in such a manner as to prevent liquids or debris from settling, or seeping between or behind, or an unobstructed space of at least 30 inches shall be provided in such instances between, behind, and beside all such pieces of fixed equipment and between such fixed equipment and any adjacent walls. Aisles or working spaces between equipment and between equipment and walls shall be at least 30 inches wide. G. All equipment must be located and installed in such a manner as to ensure that preparation and service will minimize the potential for cross- contamination and improper handling of the food. Lavatories, chef sinks, utility sinks, refrigeration equipment, hot food handling equipment, and preparation and processing tables must be provided and maintained and shall be convenient and adequate as approved by the Sanitarian for the purpose for which they were designed. H. Aisles and working spaces between units of equipment and walls must be unobstructed and of sufficient width to permit employees to perform their duties readily without contamination of food or food-contact surfaces by clothing or personal contact. All easily movable storage equipment such as pallets, racks, and dollies must be positioned to provide accessibility to working areas. I. When the food service in a day care center is limited to serving ten or fewer individuals, or where the main meals of the day are not prepared in the center, the Sanitarian may waive specific equipment requirements of this Subsection to permit the substitution of certain domestic type equipment for commercial type equipment which complies with the standards of NSF International prescribed in paragraph C. of this Subd. 2. J. When the food service in a boarding and lodging house is limited to serving ten or fewer residents, or where the main meals of the day are not prepared in the facility, the Sanitarian may waive specific equipment requirements of these rules as stated in paragraph I. of this Subd. 2. 720 - 22 City of Edina Health 720.18 720.18 Cleaning, Sanitization, and Storage of Equipment and Utensils. Subd. 1 General. All utensils and equipment must be thoroughly cleaned, and food-contact surfaces of utensils and equipment must be given sanitization treatment and must be stored in such a manner as to be protected from contamination. Subd. 2 Cleaning Frequency. The equipment and utensils must meet the following cleaning requirements: A. Tableware must be washed, rinsed, and sanitized after each use. B. To prevent cross-contamination, kitchenware and food-contact surfaces of equipment must be washed, rinsed, and sanitized after each use and following any interruption of operations during which time contamination may have occurred. C. Where equipment and utensils are used for the preparation of foods on a continuous or production-line basis, utensil and food-contact surfaces of equipment must be washed, rinsed, and sanitized at intervals throughout the day and on a schedule based on food temperature, type of food, and amount of food particle accumulation. D. The food-contact surfaces of kettles, grills, griddles, and similar cooking devices and the cavities and door seals of microwave ovens must be cleaned at least once a day, except that this shall not apply to hot oil cooking equipment and hot oil filtering systems. The food-contact surfaces of all cooking equipment must be kept free of encrusted grease deposits and other accumulated soil. E. Nonfood-contact surfaces of equipment must be cleaned as often as is necessary to keep the equipment free of accumulation of dust, dirt, food particles, and other debris. Subd. 3 Oven Utensils and Equipment. Utensils and equipment which routinely go into ovens for baking purposes and which are used for no other purpose are not required to be given bactericidal treatment, however, such utensils and equipment must be clean. Subd. 4 Wiping Cloths. Cloths used for wiping food spills on tableware, such as plates or bowls being served to the consumer, must be clean, dry and used for no other purposes. Moist cloths used for wiping food spills on kitchenware and food- contact surfaces of equipment must be clean and rinsed frequently in an approved sanitizing solution. These cloths must be stored in sanitizing solution between uses. Moist cloths used for cleaning nonfood-contact surfaces of equipment such as counters, dining table tops, and shelves must be clean, rinsed, and used for no other 720 - 23 City of Edina Health 720.18 purpose. These cloths must be stored in an approved sanitizing solution between uses. Subd. 5 Manual Cleaning and Sanitizing. Manual cleaning and sanitizing must be done in the following manner: A. For manual washing, rinsing, and sanitizing of utensils and equipment, a sink with not fewer than three compartments must be provided and used. Sink compartments must be large enough to permit the accommodation of the equipment and utensils, and each compartment of the sink must be supplied with hot and cold potable running water. Fixed equipment and utensils and equipment too large to be cleaned in sink compartments must be washed manually or cleaned through pressure spray methods. A three compartment sink shall not be used for vegetable or fruit preparation or for handwashing. B. Integral drain boards of adequate size must be provided at each end for proper handling of soiled utensils before washing and for cleaned utensils following sanitizing and must be located so as not to interfere with the proper use of the utensil washing facilities. C. Equipment and utensils must be preflushed or prescraped and, when necessary, presoaked to removed gross food particles and soil. D. Except for fixed equipment and utensils too large to be cleaned in sink compartments, manual washing, rinsing and sanitizing must be conducted in the following manner: 1. Sinks must be cleaned before use. 2. Equipment and utensils must be thoroughly washed in the first compartment with a hot detergent solution that is kept clean. 3. Equipment and utensils must be rinsed free of detergent and abrasives with clean water in the second compartment. 4. Equipment and utensils must be sanitized in the third compartment in an approved manner. E. The food-contact surfaces of all equipment and utensils must be sanitized by one of the following: 1. Immersion for at least one-half minute in clean, hot water at a temperature of at least 170 degrees Fahrenheit (77 degrees centigrade). 720 - 24 City of Edina Health 720.18 2. Immersion for at least one minute in a clean solution containing at least 50 parts per million, but no more than 200 parts per million, of available chlorine as a hypochlorite and at a temperature of at least 75 degrees Fahrenheit (24 degrees centigrade). 3. Immersion for at least one minute in a clean solution containing at least 12.5 parts per million, but not more than 25 parts per million, of available iodine and having a pH range which the manufacturer has demonstrated to be effective and at a temperature of at least 75 degrees Fahrenheit (24 degrees centigrade). 4. Immersion in a clean solution containing any other chemical sanitizing agent allowed under Code of Federal Regulations, Title 21, Section 178.1010, that will provide at least the equivalent bactericidal effect of a solution containing 50 parts per million of available chlorine as a hypochlorite at a temperature of at least 75 degrees Fahrenheit (24 degrees centigrade) for one minute. 5. For equipment too large to sanitize by immersion, but in which steam can be confined, treatment with steam free from materials or additives other than those specified in Code of Federal Regulations, Title 21, Section 173.310. F. Equipment too large to sanitize by immersion, must be rinsed, sprayed, or swabbed with a sanitizing solution of at least twice the required strength for that particular sanitizing solution. G. When hot water is used for sanitizing, the following facilities must be provided and used: 1. An integral heating device or fixture installed in, on, or under the sanitizing compartment of the sink capable of maintaining the water at a temperature of at least 170 degrees Fahrenheit (77 degrees centigrade). 2. A numerically scaled indicating thermometer, accurate to plus or minus three degrees Fahrenheit (plus or minus two degrees centigrade) convenient to the sink for frequent checks of water temperature. 3. Dish baskets of such size and design to permit complete immersion of the tableware, kitchenware, and equipment in the hot water. H. When chemicals are used for sanitization, they must not have concentrations higher than the maximum permitted under Code of Federal Regulations, Title 21, Section 178.1010. A test kit or other device that 720 - 25 City of Edina Health 720.18 accurately measures the parts per million concentration of the solution must be provided and used. Subd. 6 Mechanical Cleaning and Sanitizing. Mechanical cleaning and sanitizing must be done in the following manner: A. Cleaning and sanitizing may be done by spray-type or immersion utensil washing machines or by any other type of machine or device if it is demonstrated that it thoroughly cleans, sanitizes equipment and utensils, and meets the requirements in the NSF International Standard No. 3. These machines and devices must be properly installed, and maintained in good repair. Machines and devices must be operated in accordance with manufacturers' instructions, and utensils and equipment placed in the machine must be exposed to all washing cycles. Automatic detergent dispensers, wetting agent dispensers, and liquid sanitizer injectors must be properly installed and maintained. B. Drainboards must be provided and be of adequate size for the proper handling of soiled utensils before washing and for cleaned utensils following sanitization, and must be so located and constructed as not to interfere with the proper use of the dishwashing facilities. This does not preclude the use of easily movable dish tables for the storage of soiled utensils or the use of easily movable dish tables for the storage of clean utensils following sanitization. C. Equipment and utensils must be flushed or scraped and, when necessary, soaked to remove gross food particles and soil before being washed in a dishwashing machine unless a prewash cycle is a part of the dishwashing machine operation. Equipment and utensils must be placed in racks, trays, or baskets, or on conveyors, in a way that food-contact surfaces are exposed to the unobstructed application of detergent wash and clean rinse water and that permits free draining. D. Machines (single-tank, stationary-rack, door-type machines, and spray- type glass washers) using chemicals for sanitization may be used, provided that: 1. Wash water temperatures, addition of chemicals, rinse water temperatures, and chemical sanitizers used are in conformance with NSF International Standards Nos. 3 and 29. 2. A test kit or other device that accurately measures the parts per million concentration of the sanitizing solution must be available and used. 720 - 26 City of Edina Health 720.18 3. Containers for storing the sanitizing agent must be installed in such a manner as to ensure that operators maintain an adequate supply of sanitizing compound. 4. A visual or audible warning device must be provided for the operator to easily verify when the sanitizing agent is depleted. E. Machines using hot water for sanitizing may be used provided that wash water and pumped rinse water must be kept clean and water must be maintained at not less than the temperature specified by the NSF International Standard No. 3, under which the machine is evaluated. Thermometers must be easily readable and accurate within ± 3 degrees Fahrenheit. A pressure gauge must be installed with a shutoff valve immediately adjacent to the supply side of the control valve in the final rinse line, provided that this requirement must not pertain to a dishwashing machine with a pumped final rinse. A recirculation system must be installed if the final rinse heater is located more than five feet from the dishwasher. F. All utensil washing machines must be cleaned at least once per day or more frequently if required. Subd. 7 Equipment and Utensil Storage. Cleaned and sanitized equipment and utensils must be handled in a way that protects them from contamination. A. Spoons, knives, and forks must be touched only by their handles. Cups, glasses, bowls, plates, and similar items must be handled without contact with inside surfaces or surfaces that contact the user's mouth. B. Utensils must be air dried before being stored or must be stored in a self- draining position. C. Cleaned and sanitized utensils and equipment must be stored at least 12 inches above the floor in a clean, dry location in a way that protects them from contamination by splash, dust, and other means. The food-contact surfaces of fixed equipment must also be protected from contamination. Equipment and utensils must not be placed under exposed sewer lines. D. Glasses and cups must be stored inverted. Other stored utensils must be covered or inverted, whenever practical. Facilities for the storage of knives, forks, and spoons must be designed and used to present the handle to the employee or consumer. Subd. 8 Single-Service Articles. Single-service articles must have been manufactured, packaged, transported, stored, handled, and dispensed in a sanitary manner. 720 - 27 City of Edina Health 720.19 Subd. 9 Prohibited Storage Area. The storage of food equipment, utensils, or single-service articles in toilet rooms or vestibules is prohibited. 720.19 Physical Facilities and Sanitation. Subd. 1 Water Supply. Every food and beverage establishment must be provided with a supply of safe water which is.adequate for the needs of the establishment. The water must be obtained from a public water supply system, or a source of supply and system which is located, constructed and operated in accordance with Minnesota Department of Health rules governing public water supplies. Subd. 2 Sewage. All sewage, including liquid waste, must be disposed of to a public sewage system. Itinerant, mobile and special event food facilities may dispose of their liquid waste into receptacles for that purpose. This waste ultimately must be discharged into the public sewage system or otherwise disposed of in a manner which will not endanger any source of water supply, pollute any body of surface water, create a nuisance, or otherwise endanger the public health and safety. Subd. 3 Containers for Transporting Drinking Water. All containers, including but not limited to tank trucks, cans and bottles, which are used in transporting water from the source to the point of use, shall be of such material and construction as to facilitate cleaning. All openings into, and all water contact surfaces of such containers shall be protected from contamination. All such containers shall be clean and shall be subjected to bactericidal treatment immediately prior to each use. Subd. 4 Equipment for Bottling Water. Hoses used for filling tanks, cans, bottles, and other water containers shall be kept clean and shall be handled in such a manner as to prevent contamination of the water, the nozzle, or any part of the hose which may come into contact with the inside of the container. Hoses shall be cleaned and subjected to bactericidal treatment immediately prior to each use. Subd. 5 Plumbing. Plumbing must be sized, installed, and maintained to carry adequate quantities of water to required locations throughout the establishment, to prevent contamination of the water supply, and to convey sewage and liquid wastes adequately from the establishment to the sewage system so that it does not constitute a source of contamination of food, utensils, or equipment or create an unsanitary condition or nuisance. A. Water heaters must be sized to meet hot water needs during peak usage. B. Food service equipment such as refrigerators, ice makers, ice storage bins, and steam tables must not be directly connected to the sewer. Floor drains are not permitted in walk-in coolers. C. All new plumbing and all plumbing reconstructed or replaced must be 720 - 28 City of Edina Health 720.20 designed, constructed, and installed in conformity with the Minnesota Plumbing Code, as adopted by Section 410 of this Code. Subd. 6 Janitorial Facilities. Janitorial facilities including a janitorial utility sink or curbed cleaning facility must be provided. The facilities must not be located in food preparation, storage, or toilet rooms unless adequate separation or other protection has been provided. The janitorial facility may be located in a packaged goods storeroom or employee toilet room. The use of lavatories, utensil washing or equipment washing, or food preparation sinks for janitorial purposes is prohibited. Janitorial equipment must be stored in an approved manner in the janitorial facility. Subd. 7 Handwashing Facilities. Every food establishment, other than itinerant food establishments, mobile food services and pushcarts handling only pre-packaged food must be provided with adequate, conveniently located, and approved handwashing facilities which are continually maintained with hot and cold running water,handcleansing soap or detergent,fingernail brushes, and single-service towels or hand-drying devices providing heated air. Handwashing facilities must be accessible to persons at all times in all areas where food is prepared or served, where utensils and equipment are cleansed or sanitized, in or immediately adjacent to toilet rooms or other areas designated by the Sanitarian. Sinks used for food preparation or for washing equipment or utensils must not be used for handwashing. Each handwashing sink must be provided with hot and cold water tempered by means of a mixing valve or combination faucet. Any self-closing, slow- closing, or metering faucet must be designed to provide a flow of water for at least 15 seconds without the need to reactivate the faucet. Steam-mixing valves are prohibited. Subd. 8 Toilet Facilities. Every food establishment, with the exception of itinerant food establishments, mobile food services and pushcarts, must be provided with conveniently located and approved toilet facilities for employees. These facilities must be kept clean and in good repair and free from flies, insects, and offensive odors. Toilet fixtures and seats must be of sanitary design and readily cleanable. Each toilet shall be supplied with toilet tissue at all times. The doors of all toilet rooms must be self-closing. Easily cleanable receptacles must be provided for waste materials. Toilet rooms used by women must have at least one covered waste receptacle. Where the use of nonwater-carred sewage disposal facilities have been approved by the Sanitarian, the facilities must be separate from the establishment and in accordance with the standards of the Sanitarian. 720.20 Garbage and Refuse Disposal. Before disposal, all garbage and refuse must be kept in tight,nonabsorbent,insect proof,rodent proof, and fireproof containers. Containers must be kept covered with tight-fitting lids when filled, in storage, or not in continuous use. Containers need not be covered when stored in a special insect and rodent proof room or enclosure. All other refuse must be stored in containers, rooms, or areas in an approved 720 - 29 City of Edina Health 720.22 manner. The rooms, enclosures, areas, and containers used must be adequate for the storage of all garbage and refuse accumulating on the premises between collections. Adequate cleaning facilities must be provided, and each container, room, or area shall be thoroughly cleaned after the emptying or removal of garbage and refuse. Containers shall not be washed in sinks used for food or equipment washing. Containers designed with drains must have drain plugs maintained in place at all times except during cleaning. All garbage and refuse must be disposed of with sufficient frequency and in such a manner as to prevent a nuisance. 720.21 Insect, Rodent, and Animal Control. Subd. 1 General. Effective measures must be taken to prevent the entrance, breeding, or presence of rodents, flies, cockroaches, and other vermin or insects on the premises. The premises must be kept in such condition as to prevent the harborage or feeding of insects or rodents. Subd. 2 Openings. Outside openings must be effectively protected against the entrance of rodents. Outside openings must be protected against the entrance of insects by tight-fitting, self-closing doors, closed windows, screening, controlled air currents, or other means. Screen doors must be self-closing, and screens for windows, doors, skylights, transoms, intake and exhaust air ducts, and other openings to the outside must be tight-fitting and free of breaks. Screening materials must not be less than 16 mesh to the inch. Subd. 3 'Animals. Live animals,including birds and turtles, shall be excluded from within the food service operational premises and from adjacent areas under the control of the person in charge. This exclusion does not apply to edible fish, crustacea, mollusks, or to fish in aquariums. Patrol dogs accompanying security or police officers, or guide dogs accompanying sight-impaired, physically disabled persons, or hearing-impaired persons shall be permitted in the dining area. 720.22 Construction and Maintenance of Physical Facilities. Subd. 1 Floors. The floor surfaces of all food and beverage preparation, food storage, equipment and utensil washing, food service areas, waitress stations, dressing rooms, locker rooms, toilet rooms and vestibules,janitorial areas, kitchens, and bars must be constructed of smooth, durable, nonabsorbent, easily cleanable materials which resist the wear and abuse to which they are subjected. Appropriate materials include ceramic tile, quarry tile, terrazzo, or equivalent. Vinyl flooring or equivalent may be used in areas such as dry storage rooms. The junctures between walls and floors must be coved. Rugs and carpets may be used in dining rooms and hallways, provided that the floor coverings are kept clean. Abrasive strips also may be used wherever deemed necessary to prevent accidents. 720 - 30 City of Edina Health 720.23 Mats and duckboards must be of nonabsorbent,nonwood,grease resistant materials. The size, design, and construction of the materials must facilitate easy cleaning. Duckboards must not be used as storage racks. All floors must be kept clean and in good repair, and the use of sawdust and similar material is not permitted. Floor drains must be provided in all rooms where floors are subject to flooding type cleaning or where normal operations release or discharge water or other liquid wastes on the floor. Such floors must be graded to drain. Subd. 2 Walls and Ceilings. The walls and ceilings of all rooms must be kept clean and in good repair. All walls of rooms or areas in which food is prepared, areas where utensils or hands are washed, toilet rooms, janitorial areas, laundry rooms, or garbage or refuse storage rooms must have easily cleanable, smooth, nonabsorbent, washable surfaces to the highest level of splash, spray, or abuse. Wall finishes must be resistant to the wear and abuse to which they are subject. Ceilings must be smooth and easily cleanable. The walls and ceilings must be finished in a light color. Concrete or pumice blocks used for interior wall construction in these locations must be finished and sealed to provide an easily cleanable surface. Subd. 3 Attachments. Light fixtures, vent covers, wallmounted fans, decorative materials, and similar equipment attached to walls and ceilings must be easily cleanable, and must be kept clean and in good repair. Subd. 4 Utility Lines and Pipes. All utility lines and pipes such as electric, gas, water, sewage, and similar waste lines or services must be installed in the walls, under floors, or above ceilings to avoid unnecessary exposure to food equipment, walls, floors, or ceilings. Exposed utility service lines or pipes must be easily cleanable and installed so they do not obstruct or prevent the easy cleaning of food equipment, floor, walls, and ceiling surfaces. 720.23 Lighting. Subd. 1 Source and Amount. Permanently fixed artificial light sources must be installed to provide at least 70 foot-candles of light on all food preparation surfaces and at equipment or utensil washing work levels. A. Permanently fixed artificial light sources must be installed to provide,at a distance of 30 inches from the floor: 1. At least 30 foot-candles of light in utensil and equipment storage areas and in lavatory and toilet areas. 2. At least 20 foot-candles of light in walk-in refrigeration units, dry 720 - 31 City of Edina Health 720.26 Subd. food storage areas, and in all other areas. B. Subdued lighting in dining rooms and public access areas is permissible, provided that lighting meeting the requirements in paragraph A. of this 1 must be available during all clean-up operations. Subd. 2 Protective Shielding. Shielding or coating to protect against broken glass falling onto food must be provided for all artificial lighting fixtures located over, by, or within food storage, preparation, service, and display facilities, and facilities where utensils and equipment are cleaned and stored. Infrared or other heat lamps must be protected against breakage by a shield surrounding and extending beyond the bulb, leaving only the face of the bulb exposed. 720.24 Ventilation. Rooms must have sufficient exhaust ventilation to keep them free of excessive heat,steam,condensation,vapors, obnoxious or disagreeable odors,smoke and fumes. All ventilation equipment and facilities, gas or oil fired room heaters, and water heaters must be designed, installed, and operated in accordance with the rules of the Building Code and the Fire Code. Intake and exhaust air ducts must be maintained to prevent the entrance of dust, dirt, and other contaminating materials. A minimum clear overhang of at least six inches is required on all canopy hoods, including all hoods over dishwashers. 720.25 Dressing Rooms and Locker Areas. Subd. 1 Dressing Rooms. If employees routinely change clothes within the establishment, rooms or areas must be designated and used for that purpose. These designated rooms or areas must not be used for food preparation, storage, or service, or for utensil washing or storage. Subd. 2 Locker Areas. Adequate lockers or other suitable facilities must be provided and used for the orderly storage and security of employee clothing and other belongings. Lockers or other suitable facilities may be located only in the designated dressing rooms or areas containing only completely packaged food or packaged single-service articles. 720.26 Poisonous or Toxic Materials. Subd. 1 Materials Permitted. Food service establishments must have only those poisonous or toxic materials necessary for maintaining the establishment, cleaning and sanitizing equipment and utensils, and controlling insects and rodents. Subd. 2 Labeling of Materials. Containers of poisonous or toxic materials must be prominently and distinctly labeled, according to requirements in the Code of 720 - 32 City of Edina Health 720.27 Federal Regulations, Title 7, Section 162.10, and M.S. 188.14, for easy identification of contents. Subd. 3 Storage of Materials. Poisonous or toxic materials consist of the following categories: A. Insecticides and rodenticides. B. Detergents, sanitizers, related cleaning or drying agents, caustics, acids, polishes, and other chemicals. Materials in each of these two categories must be stored and physically located separate from each other. All poisonous or toxic materials must be stored in cabinets or in a similar physically separate place used for no other purpose. To preclude contamination,poisonous or toxic materials must not be stored above food, food equipment,utensils, or single-service articles, except that this requirement does not prohibit the convenient availability of detergents or sanitizers at utensil or dishwashing stations. Subd. 4 Use of Materials. Sanitizers, cleaning compounds, or other compounds intended for use on food-contact surfaces must not be used in a way that leaves a toxic residue on such surfaces or that constitutes a hazard to employees or other persons. Poisonous or toxic materials must not be used in a way that contaminates food, equipment, or utensils, nor in a way other than in full compliance with the manufacturer's labeling. Subd. 5 Personal Medications and First Aid Supplies. Personal medications and first aid supplies must be stored to prevent them from contaminating food and food- contact surfaces. 720.27 Premises. Subd. 1 Housekeeping. All parts of the food establishment and areas accessory to it must be kept neat, clean, and free of litter and refuse. Cleaning operations must be conducted in a manner as to minimize contamination of food and food- contact surfaces. Only articles necessary for the operation and maintenance of the food establishment must be stored on the premises. Traffic of unnecessary persons through the food preparation and utensil washing areas is prohibited. The walking and driving surfaces of all exterior areas where food is served must be kept clean, properly drained, and finished so as to facilitate maintenance and minimize dust. Pressurized tanks and compressed gas cylinders must be properly secured to prevent them being accidentally knocked over. Subd. 2 Cleaning Equipment Storage. Maintenance and cleaning tools such as 720 - 33 City of Edina Health 720.28 brooms, mops, vacuum cleaners, and similar equipment must be maintained and stored in a way that does not contaminate food, utensils, equipment, or linens and must be stored in an orderly manner for the cleaning of that storage location. Subd. 3 Living Areas. No operation of a food establishment shall be conducted in any room used as living or sleeping quarters. Food service operations must be separated from any living or sleeping quarters by complete partitioning and solid, self-closing doors. Subd. 4 Laundry Facilities. Laundry facilities in a food establishment must be restricted to the washing and drying of linens, clothes, uniforms, and aprons necessary to the operation. If these items are laundered on the premises, an electric or gas dryer must be provided and used. Separate rooms must be provided for laundry facilities except that such operations may be conducted in storage rooms containing only packaged foods or packaged single-service articles. Subd. 5 Linens and Clothes Storage. Clean clothes and linens must be stored in a clean place and protected fromcontamination until used. Soiled clothes and linens must be stored in nonabsorbent containers or washable laundry bags until removed for laundering. 720.28 Food Vending Machines. Each vending machine licensed under this Section shall be maintained as follows: Subd. 1 Product Integrity. Each machine shall be filled only with wholesome ingredients which have been manufactured and packaged under sanitary conditions and transported to the machine in sanitary containers or vehicles. Subd. 2 Machine Inspection. The owner or operator of all such vending machines shall,whenever requested, assist the Sanitarian in making inspections of the interior of the machine. Subd. 3 Machine Cleanliness. Every licensee shall keep and maintain each vending machine in a clean, wholesome, and sanitary condition at all times. Subd. 4 Contamination Prevention. Each machine must be so designed as to protect against infestation of insects, vermin, rodents, and to protect against the entrance of dust, dirt, rain, overhead leakage, or other sources of contamination, and shall be so constructed and operated as not to create a rodent harborage, and the surroundings shall be so maintained so as not to create an unsanitary and unsightly condition. Subd. 5 Cleaning. Each machine.shall be so designed that it may be readily cleaned. The walls, floor, ceiling, covers, lids and other physical features shall be of such construction as to withstand repeated cleaning. 720 - 34 City of Edina Health 720.28 Subd. 6 Cleaning Parts. All conveyors, belts, chutes, racks, slides, and tubing shall be of such construction as to be readily cleaned in place or removable for cleaning operations. Those parts of each vending machine which come in direct contact with food, such as receptacles, pipes, valves, and so forth, shall be of smooth construction, free of breaks, corrosion, open seams, cracks, or chips; shall be readily removable for cleaning and inspection or shall be easily cleaned in place; shall be non-toxic in themselves or in combination with food that may come in contact with such equipment and shall be thoroughly washed and sanitized. Subd. 7 Accessibility to Parts. Each machine shall be so constructed that it may be opened and all parts of it made available for inspection by the Sanitarian. Subd. 8 Cup Dispensing Machines. Each machine that vends a cup to receive food from such machine shall have the dispensing opening protected from dust and insect infestation by means of a manual or mechanical opening device. Subd. 9 Temperature for Perishable Food. The temperature in all vending machines which are dispensing potentially hazardous unfrozen food shall be maintained at all times at not warmer than 40 degrees Fahrenheit nor colder than one degree above freezing temperature. Where frozen fresh food is being vended such temperature shall be maintained at 0 degrees Fahrenheit or colder at all times. A thermometer shall be provided and located to be readable from outside of the machine without opening the door. If required by the Sanitarian by notice in writing, an automatic temperature recording device shall be installed and maintained for each such machine. The charts of the recording device shall be preserved, and dated, and delivered to the Sanitarian at least once each 30-day period or as requested by the Sanitarian. Subd. 10 Temperature Failure. Each vending machine which dispenses perishable unfrozen food shall be equipped with a mechanical device so integrated with the dispensing mechanism that no potentially hazardous food can be obtained from such vending machine after the temperature in the vending machine shall rise above 45 degrees Fahrenheit. Likewise, any vending machine dispensing frozen food shall be so equipped that no food can be obtained therefrom after said temperature rises above five degrees Fahrenheit. All such machines shall be so equipped as to return the coin or coins to the prospective purchaser if no food is dispensed for any reason when a coin is inserted. No food in a machine where the temperature has exceeded the maximum specified above shall be made available for sale from the machine unless inspected and approved by the Sanitarian as safe for human consumption. The provisions of this Subdivision shall not be applicable to any vending machine which dispenses only ice cream or carbonated soft drinks. Subd. 11 Person Responsible for Operation. Each vending machine shall have posted on it a label or sign stating the name, address and telephone number of the person responsible for its operation. 720 - 35 City of Edina Health 720.29 720.29 Requirements for Itinerant Food Establishments, Mobile Food Services or Pushcarts. Subd. 1 General. Itinerant food establishments,mobile food services or pushcarts must comply with all provisions of this Section which are applicable to their operation. If necessary to protect the public health, the Sanitarian shall impose additional requirements to protect against health hazards related to the conduct of their operation and shall prohibit the sale or giveaway of some or all potentially hazardous foods. When no health hazard is likely to result, the Sanitarian may modify specific requirements of this Section. Subd. 2 Restricted Operations. This Subdivision applies whenever an itinerant food establishment, mobile food service, or pushcart is approved under Subd. 1 of this Subsection to operate without complying with all the requirements of this Section. A. The itinerant food establishment, mobile food service, or pushcart must be located where it is not subject to flooding and is protected from possible contamination; for example toilets, animal pens, or garbage collection sites. It must be protected from dust and windblown particulates by location, treatment of ground surfaces, or by having the food stand, mobile food service, or pushcart enclosed. B. The Sanitarian may restrict the type of food served or the method of food preparation based on equipment limitations, commissary facilities, or climatic conditions. Subd. 3 Construction. A. Work Spaces. Work spaces must be sized to permit unobstructed work activity. Equipment must be located to permit easy cleaning. B. Floors. The interior floor of an itinerant food establishment must be constructed of concrete, asphalt, tight wood, vinyl flooring or other similar cleanable material kept in good repair. Dirt or gravel,when graded to drain, may be used as subflooring when covered with clean, removable platforms or duckboards, or covered with wood chips, shavings or other suitable materials effectively treated to control dust. The interior floor of a mobile food service or pushcart must be noncorrosive metal or be surfaced with vinyl flooring or equivalent. C. Walls or Enclosures. The itinerant food establishment must provide protection during adverse weather by its construction or location. If it does not, then food activities must cease during periods of adverse weather. The mobile food service or pushcart must be capable of being fully enclosed on 720 - 36 City of Edina Health 720.29 the sides and roof to provide protection during adverse weather. Interior surfaces must be finished with smooth, durable, nonabsorbent, easily cleanable material that resists the wear and abuse to which the surfaces are subjected. High gloss paint is the minimum acceptable finish.. Subd. 4 Equipment. A. General. Food service equipment must comply with the applicable standards of NSF International. B. Refrigeration. Mechanical refrigeration is required for potentially hazardous foods such as meat, fish, poultry, milk and milk products, and eggs. A metal stem product thermometer with a range from zero degrees Fahrenheit (minus 18 degrees centigrade) to 220 degrees Fahrenheit (104 degrees centigrade) is required for measuring temperature of this food. Electricity must be provided to refrigeration units 24 hours a day when the food service establishment has been set in place for service. Insulated chests containing dry ice or frozen refrigerant packs may be used for items such as wieners and precooked sausages as long as required temperatures are maintained. A thermometer is required for each refrigerator and insulated chest. C. Cooking Equipment. Itinerant food establishments may use electric skillets, roasters, propane stoves, and charcoal grills equipped with lids for cooking food as long as safe food temperatures are maintained. Crock pots may not be used. D. Exhaust System. When grease laden cooking vapor or condensation is generated in the cooking process, a mechanical exhaust system must be provided within a mobile food service or pushcart to prevent grease and condensation from collecting on walls and ceilings. E. Utensils. Commercial food grade utensils must be used. Galvanized or soft plastic containers, wooden spoons, enamelware, paintbrushes, and similar materials are not acceptable. Garbage bags and garbage receptacles must not be used for covering or storing food. F. Contamination by Customers. Food preparation and cooking areas must be separated by an adequate distance or by an impervious shield from customer seating and circulation areas to prevent contamination of food and food preparation areas. G. Handwashing Facilities for Itinerant Food Establishment. Handwashing facilities shall be provided within an itinerant food establishment. They shall consist of: 720 - 37 City of Edina Health 720.29 1. Soap, paper towels, and a water faucet or spigot that discharges into a waste line or holding vessel; or 2. Paper towels and a spray bottle containing a germicidal solution, using one teaspoon of household bleach to a gallon of water; or 3. Moist towelettes when there is little or no food preparation. H. Handwashing Facilities in Mobile Food Service or Pushcart. A mobile food service or pushcart shall be equipped with hot and cold running water, soap, and paper towels in all units where food is prepared. I. Lighting. All interior lights must be shielded or enclosed to prevent breakage. Lights used at night must not attract flying insects. Subd. 5 Dishwashing Facilities, Procedures, and Equipment Cleaning. A. General. Single-service, disposable eating and drinking utensils must be used unless approved permanent dishwashing facilities are available. Utensils are to be washed and sanitized immediately before the event and as often as necessary during the event. Utensils may be washed off the site if approval is granted by the Sanitarian. When this is done, the clean utensils must be suitably covered with plastic wrap or placed in a covered container when transported. When utensils are not washed at the site, enough utensils must be provided so that if one becomes soiled or contaminated, a clean one is available. B. Drying. Space must be provided for air drying utensils. Towel drying is not permitted. C. Manual Utensil Washing. The procedure for manual utensil washing is: 1. Wash in warm, soapy water; 2. Rinse in clean water; 3. Sanitize for at least one minute in a sanitizing solution of sufficient concentration,using one tablespoon of household bleach per two gallons of water; and 4. Allow to air dry. D. Cleaning Equipment. Food contact equipment that must be cleaned in place, like meat slicers or soft serve ice milk dispensers, must be sanitized using a solution equal to that listed in paragraph C. of Subd. 5 of this 720 - 38 City of Edina Health 720.29 Subsection. E. Wiping Cloth. Cloths used to wipe equipment and counters must be stored in a sanitizing solution between uses. The solution must equal that listed in paragraph C. of Subd. 5 of this Subsection. F. Sanitizer Test Kit. Test kits or strips for analyzing sanitizer strength must be available and used. Subd. 6 Food, Beverage, and Utensil Handling and Storage. A. Food Source. All ice and food supplies must come from an approved commercial source. No home prepared food or food storage at home is permitted. Ice must be obtained only in chipped, crushed, or cubed form and in single-use safe plastic or wet-strength paper bags filled and sealed at the point of manufacture. The ice must be held in these bags until it is dispensed in a way that protects it from contamination. When preparation or hot and cold holding equipment are not adequate for the volume of food prepared, food preparation activities must take place in a facility such as a restaurant, school, fraternal organization kitchen, or church. B. Temperature. Potentially hazardous food must be maintained at 40 degrees Fahrenheit (four degrees centigrade) or below and 150 degrees Fahrenheit (66 degrees centigrade) or above, including periods when it is being transported. C. Previously Cooked Food. Previously cooked food that is reheated must reach an internal temperature throughout of at least 165 degrees Fahrenheit (74 degrees centigrade) before being served. Any heated food that is left over at the end of the day must be discarded. D. Storage. Food and single-service disposable utensils such as paper plates and plastic eating utensils must be clean, dry, covered, and kept at least six inches off the floor. Storage of packaged food in contact with water or undrained ice is prohibited. Wrapped sandwiches must not be stored in direct contact with ice. Canned, bottled, and other containerized beverages except milk may be chilled in ice. E. Single-Service Items and Condiment Dispensing. Single-service utensils and self-service food, including condiments such as catsup, mustard, coffee whitener, and sugar, must be individually packaged or be dispensed from an approved dispenser. Subd. 7 Water supply. 720 - 39 City of Edina Health 720.29 A. General. Potable water must be obtained from an approved public water supply system. Water must not come from a residential well. If water is not provided under pressure at the establishment, it may be transported and stored in approved, cleanable, covered containers such as five or ten gallon coffee urns or nongalvanized beverage coolers containing spigots. B. Holding Tank. Each mobile food service requiring a water system must be equipped with a fresh water holding tank that can be drained and a hot water heater, both of which are sufficiently sized to meet water demand. The holding tank must be corrosion resistant, nontoxic, and free of seams. When in operation, a unit may be directly supplied with water from an external water system. The connecting hose must be capped and otherwise protected when it is disconnected so that it will not be contaminated by waste discharge, road dust, oil, or grease. C. System Sanitizing. The total water system must be sanitized each year before the unit is put into service. Subd. 8 Wastewater and Refuse Disposal. A. Wastewater. Wastewater must be discharged directly into an approved sanitary sewer system or to a holding tank which will subsequently be discharged into a sewer system. Discharge lines and connections must not be compatible with the water supply connection. The holding tank must be at least 25 percent larger than the fresh water storage tank. Ground surface discharge is not permitted. B. Refuse and Garbage Disposal. Refuse and garbage must be deposited and stored in a manner that will not tend to create a nuisance. Garbage containing food waste, if stored overnight or for extended periods of time, must be stored in tightly covered nonabsorbent containers. Subd. 9 Insect Control. Effective insect control is to be achieved through sanitation. If insecticides are to be used, they must be an approved type such as pyrethrins as the active ingredient, and used according to the manufacturer's directions. They must not be used when food or utensils are exposed. Intermittent spray dispensers and vapona strips must not be used. Subd. 10 Employee Practices. Employees must comply with the following requirements: A. Employees must maintain their hands in a clean and sanitary condition and wash hands immediately after going to the toilet, handling raw food, smoking, or otherwise soiling their hands. 720 - 40 City of Edina Health 720.30 B. Employees must not engage in food preparation or service activities if that person has a communicable disease, gastrointestinal illness, sore throat, or discharging wound. C. An employee must not use tobacco in any form while on duty. D. An employee's outer garments must be clean. E. An employee must wear effective hair restraints such as hairnets, headbands, and caps while engaged in food preparation and service. F. An adult shall be responsible for the operation of the establishment and shall supervise children working in the establishment. Subd. 11 Safety. A. Electrical. Electrical service must comply with the Minnesota State Building Code Electrical Code, Chapter 1315. Electrical lines should not be located in or near water. B. Carbon Dioxide. Carbon dioxide and bottled gas cylinders must be secured by chains or other types of restraints. C. Fire Extinguishers. A fire extinguisher with a minimum 2A 10 B-C rating must be present if required by the Fire Chief. 720.30 State Licensing. To the extent that any activity licensed by this Section is also licensed by the State and the City is prohibited from also licensing that same activity, then no license shall be required under this Section, but such State license shall be registered with the City before conducting the licensed activity within the City. Such registration shall be with the Sanitarian and be accompanied by proof that the registrant holds a then current license issued by the State. History. Ord 731 codified 1970; amended by Ord 731 Al 1-24-74, Ord 731-A2 2-16-77, Ord 731-A3 3-4-81, Ord 731-A5 9-29-82, Ord 731-A6, 4-30-86, Ord 731-A711-12-86, Ord 731-A8 9-23-87, Ord A9 2-28-90. Reference. M.S. 471.707 (Notice and hearing to increase vending machine fees), M.S. 144.411 through 144.417 (Clean Indoor Air Act), M.S. 145A.03 through 145A.08 Cross Reference. Sections 160, 185 720 - 41 City of Edina Health 725.03 Section 725 - Public Health, Housing and Housing Equipment 725.01 Purpose. The purpose of this Section is to protect, preserve, and promote the physical and mental health of the people, investigate and control communicable diseases, regulate privately and publicly owned dwellings for the purpose of sanitation and public health, and protect the safety of the people and promote the general welfare by legislation which shall be applicable to all dwellings now in existence or constructed in the future and which (i) establishes minimum standards for basic equipment and facilities for light, ventilation and heating, for safety from fire, for the use and location, and amount of space for human occupancy, and for safe and sanitary maintenance; (ii) determines the responsibilities of owners, operators and occupants of dwellings; and (iii) provides for the administration and enforcement of this Section. 725.02 Title. This Section shall be known and may be cited as the Edina Housing Code. 725.03 Terms and Definitions. Subd. 1 Terms. The following terms have the meanings as stated in Section 850 of this Code: Basement. Dwelling Unit. Subd. 2 Definitions. Unless the context clearly indicates otherwise,the following words and phrases wherever they occur in this Section are defined as follows: Approved. Constructed, installed, and maintained in accordance with this Section or other pertinent provisions of this Code. Cellar. That portion of a dwelling between floor and ceiling which is below or partly below grade, the floor of which is more than four feet below the average grade of the adjoining ground. Dwelling. Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants, except temporary housing. Extermination. The control and elimination of insects, rodents, vermin or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; or by poisoning, spraying, fumigating, trapping, or similar means. 725 - 1 City of Edina Health 725.04 Habitable Room. A room designed to be used for living, sleeping, eating or cooking, excluding bathrooms, toilet compartments, closets, halls and storage areas, and workshops, hobby and recreation areas accessory to a dwelling unit. Infestation. The presence, within or around a dwelling, of insects, rodents, vermin or other pests of such kind or in such numbers as to cause a hazard to health. Multiple Dwelling. Any dwelling containing more than two dwelling units. Occupant. Any person over two years of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit. Operator. Any person, whether the owner or not, who manages or controls any dwelling, or part of a dwelling, in which dwelling units or rooming units are let. Owner. Any person who alone, jointly or severally with others: A. Has record legal title to any dwelling or dwelling unit, with or without accompanying actual possession of it. B. Acts as the agent of the person holding the record legal title of any dwelling or dwelling unit. C. Is the personal representative or fiduciary of an estate through which the record legal title to the real property in which any dwelling or dwelling unit is administered. Rooming Unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but no part of which is exclusively or occasionally appropriated for cooking food. Supplied. Paid for, furnished, provided by, or under the control of the owner or operator. 725.04 Inspection. For the purpose of determining compliance with the provisions of this Section, the Sanitarian is authorized to make inspections at such times as the Sanitarian deems necessary, or when facts are known to the Sanitarian that a violation of this Section may or does exist, to determine the condition, use and occupancy of dwellings, dwelling units, rooming units, and the premises upon which the same are located. For the purpose of making such inspections, the Sanitarian is authorized to enter, examine and survey all dwellings, dwelling units, rooming units and premises upon which the same are located, at all reasonable times.The owner, operator and occupant of every dwelling, dwelling unit, and rooming unit shall give the Sanitarian free access to such dwelling, dwelling unit or rooming unit and its premises for the purpose of such inspection, examination, and survey. Every occupant of a dwelling shall give the owner of it, or the owner's agent or employee, 725 - 2 City of Edina Health 725.05 access to any part of the dwelling or its premises, at all reasonable times, for the purpose of making the repairs or alterations as are necessary to effect compliance with the provisions of this Section. 725.05 Enforcement of Housing Code. Subd. 1 Notice of Violation. Whenever the Sanitarian determines that there has been a violation of any one or more provisions of this Section, the Sanitarian shall give notice of such alleged violation to the person or persons who are or may be responsible for it as enumerated in paragraph D. of this Subd. 1. The notice shall: A. Be in writing. B. Specify the violation or violations alleged to exist or to have been committed and the repairs or improvements required to bring the dwelling, dwelling unit or rooming unit into compliance with the provisions of this Section. C. Provide a reasonable time, but not less than ten days in any event, for the correction of the violation or violations specified. D. Be addressed to and served upon the owner of the property, the operator of the dwelling, and the occupant of dwelling unit or the rooming unit concerned, if the occupant is or may be responsible for the violation. E. Inform persons concerned of their rights of appeal under this Section. Service shall be as provided for personal service of a summons in a civil action by the rules of civil procedure for courts of record in Minnesota, or by registered or certified mail, return receipt requested, delivered to the addressee only. If one or more persons to whom the notice is addressed cannot be found or served after diligent effort, service may be made upon such person or persons by posting a notice in a conspicuous place in or about the dwelling affected by the notice, in which event the Sanitarian shall include in the record a statement as to why such posting was necessary. Subd. 2 Imminent Hazard; Temporary Condemnation. Whenever the Sanitarian finds any dwelling, dwelling unit, or rooming unit which does not conform to the standards established by this Section, and further finds (i) that by reason of such nonconformity it presents an imminent and serious hazard to public health, or to the physical or mental health of the occupants in it, and (ii) that the repairs or improvements required to remove such hazard does not appear reasonably possible within a time which will be adequate to eliminate such imminent hazard, then the written notice of violation provided for in Subd. 1 of this Subsection shall also state that the premises are unfit for human habitation and shall order that the dwelling, 725 - 3 City of Edina Health 725.05 dwelling unit or rooming unit be vacated either immediately or after such period of time as the Sanitarian shall find reasonable in view of the circumstances, pending the completion of action to eliminate such hazard. In such case the notice shall be served by delivering a copy to the person in real or apparent charge and control of the dwelling unit and by posting the same at a conspicuous place upon the structure. In the case of a hazard which affects more than one unit in a multiple dwelling residence, service shall be made upon such an occupant of each unit, except that the failure to make service upon an occupant of one unit shall not affect the validity or effect of service of notice upon an occupant of other units. Such notice shall also state that persons aggrieved may appeal such notice. Subd. 3 Failure to Correct Deficiencies. Whenever notice has been given in accordance with Subd. 1 of this Subsection and the person or persons responsible have failed to correct the deficiencies specified in Subd. 1 of this Section within the time allowed, the Sanitarian may either: A. Extend the time for correction of the deficiencies, or B. Serve upon the owner and occupant a written notice requiring that the dwelling, dwelling unit, or rooming unit be vacated because it is unfit for human habitation. The notice shall (i) state the violation or violations which remain uncorrected, and (ii) provide a reasonable time, but not less than ten days within which to vacate the premises. The written extension of time or notice to vacate may be served personally or by registered mail in accordance with the procedures set forth in Subd. 1 of this Subsection. Subd. 4 Appeal. Any person aggrieved by a notice issued under Subd. 1, 2, or 3 of this Subsection, may within ten days after service of the same, appeal to the Council by filing a written notice of appeal with the Clerk. In the case of an appeal from a notice to vacate pending elimination of imminent hazards issued pursuant to Subd. 2 of this Subsection, the appeal shall be heard as soon as possible after the time of filing. In the case of appeals from other notices, the appeal shall be heard at such time as may be established by the Council, but the taking of an appeal from a notice other than one to vacate pending the elimination of imminent hazards issued under Subd. 2 of this Subsection shall, during the pendency of such appeal, restrain the City and its officers from proceeding in any manner to enforce such notice. Subd. 5 Decision of the Council. All appeals under this Subsection shall be heard by the Council. The Council may affirm in whole or in part or deny the existence of a violation of this Section, and if the violation is found to exist, confirm or modify the corrective action to be taken or the order requiring vacation of the premises and the time allowed for it. 725 - 4 City of Edina Health 725.06 Subd. 6 Correction of Violation by City; Assessment of Cost. In all cases of violation of this Section to which M.S. 145A.03 through 145A.09 are applicable, the Sanitarian may proceed as provided in M.S. 145A.03 through 145A.09 to abate or remove the violation and to have the cost of it specially assessed against the lot or parcel where the violation was located. In suitable cases, said statutory remedies and procedure may be used either concurrently with, or separate from, the procedures prescribed in this Section. Subd. 7 Unlawful to Resume Occupancy. No dwelling, dwelling unit or rooming unit which has been designated as unfit for human habitation and placarded as such shall again be used for human habitation until written approval is secured from, and such placarding is removed by, the Sanitarian. The Sanitarian shall remove such placard whenever the defect or defects upon which the designation and placarding action were based have been eliminated and the dwelling, dwelling unit or rooming unit has been made to conform to the standards established by this Section. Subd. 8 Unlawful to Deface Placard. It shall be unlawful for any person to deface, remove or obscure any placard posted under the provisions of this Section. 725.06 Minimum Standards for Basic Equipment and Facilities. No person shall occupy or let to another for occupancy any dwelling unit which does not comply with the following requirements: Subd. 1 Kitchen Sink. Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to an approved water and sewer system. Subd. 2 Privacy Room. Every dwelling unit, except as otherwise permitted by Subd. 5 of this Subsection, shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet in good working condition and properly connected to an approved water and sewer system. Subd. 3 Lavatory Basin. Every dwelling unit, except as otherwise permitted by Subd. 5 of this Subsection, shall contain a lavatory basin in good working condition, properly connected to an approved water and sewer system and located in the same room as the required flush water closet, or as near to that room as practicable. Subd. 4 Bathtub. Every dwelling unit, except as otherwise permitted by Subd. 5 of this Subsection, shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and properly connected to an approved water and sewer system. Subd. 5 Shared Privacy Room. The occupants of not more than two dwelling units may share a single flush water closet, a single lavatory basin, and a single bathtub or shower, provided that the following conditions are satisfied: 725 - 5 City of Edina Health 725.06 A. Neither of the two dwelling units can accommodate more than two occupants. B. Such water closet, lavatory basin, and bathtub or shower are in good working condition and properly connected to the water and sewer system, and are accessible to the occupants of one dwelling unit without passing through any sleeping room of the other dwelling unit. C. Such dwelling units are in the same building, arranged so that the occupants of neither unit are required to go outdoors to reach the facilities. Subd. 6 Hot and Cold Water Lines. Every kitchen sink, lavatory basin and bathtub or shower under the provisions of Subd. 1, 3, 4, and 5 of this Subsection shall be connected with both hot and cold water lines in a manner meeting the requirements of the applicable provisions of this Code. Subd. 7 Refuse Disposal. Every dwelling unit shall have adequate refuse disposal facilities or storage containers whose type and location meet the requirements of this Code. Subd. 8 Water Heating Facilities. Every dwelling shall have water heating facilities which are installed in an approved manner, are maintained and operated in safe and good working condition, are properly connected with the hot water lines required under the provisions of Subd. 6 of this Subsection, and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. Such water heating facilities shall be capable of meeting the requirements of this Subdivision when the heating facilities required under the provisions of Subd. 4 of Subsection 725.07 are not in operation. Subd. 9 Egress. Every dwelling unit shall have a safe, unobstructed means of egress. Every dwelling unit located above the first floor, and every basement dwelling unit, shall have at least two independent egress stairways which shall be located remote from each other, and one of such stairways shall be an inside stairway. Every such egress stairway serving units above the first floor shall comply with the following requirements: A. It shall be easily accessible from every dwelling unit located on the specified floor without passing through any room other than a public hall. B. It shall lead directly to a street or alley, or open court connected with a street or alley. C. It shall be kept in good order and repair. 725 - 6 City of Edina Health 725.07 D. It shall be unobstructed at all times. E. All doors used in connection with such egress must be easily opened from the inside, and remain unlocked or be of a type which can be unlocked from the inside without the use of a key. Where multiple dwellings have more than five dwelling units sharing the same means of egress, the doors serving such shared means of egress shall swing outward and be self-closing. F. No window shall be considered a proper means of egress to a required stairway. G. All inside stairway exits shall lead to an exit door. H. All exit stairways of three or more risers shall have at least one hand rail, and all stairways which are three feet six inches or more in width, or which are open on both sides shall have a hand rail on each side. I. Risers of stairs shall not exceed eight inches and treads shall not be less than nine inches. J. All hand rails shall be not less than 34 inches or more than 38 inches vertically above the nose of the stair treads or stairway landings. K. The minimum width of all existing required egress stairways shall be 36 inches measured at the face of tread. L. All multiple dwellings shall have a stairway or stairway fire escape with an exit directly to the stairway or stairway fire escape from a public hall located within 150 feet from the exit at each dwelling unit above the first floor if such multiple dwelling is of non-fireproof construction, or within 200 feet from such exit if such building is of fireproof construction. Fire escapes are emergency means of egress and as such do not constitute a required stairway. All fire escapes shall be kept in good order and repair, and all iron shall be kept painted and free from rust. All doors opening into a fire escape of any multiple dwelling having three or more stories shall be of fire proof construction and shall be self-closing. Vertical ladders shall not be considered a required fire escape. No fire escape shall pass a window unless such window is of fireproof construction (wire glass and metal frame).All fire escapes shall terminate at ground level or shall have properly constructed and maintained counter-balanced steps for the last flight. 725.07 Minimum Standards for Light,Ventilation, and Heating. No person shall occupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements. 725 - 7 City of Edina Health 725.07 Subd. 1 Window or Skylight. Every habitable room in a dwelling or dwelling unit shall have at least one window or skylight facing directly to the outside, and shall have a minimum of 50 foot-candles of daylight illumination, measurable at the epicenter of the room 30 inches above floor level,with a standard light meter facing the light source at noon Central Standard Time, with the sky of normal brightness. Subd. 2 Openable Window or Skylight. At least one-half of the window or skylight required by Subd. 1 of this Subsection shall be easily opened unless some other comparable method of ventilating the room is provided. Subd. 3 Bathroom Light. Every bathroom and water closet compartment shall have at least one window or skylight facing directly to the outside in order to provide adequate ventilation. The Sanitarian may approve some other acceptable method of ventilation. Subd. 4 Heating Facilities. Every dwelling and dwelling unit shall have heating facilities which are installed in an approved manner, are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms,bathrooms, and water closet compartments located in the dwelling unit to a temperature of at least 68 degrees Fahrenheit at a distance three feet above floor level, when the temperature outside is minus 20 degrees Fahrenheit. Such heating equipment shall be operated to maintain a temperature in all habitable rooms of not less than 68 degrees Fahrenheit. Subd. 5 Public Hallways and Stairways. Every public hall or stairway in or leading into every multiple dwelling shall have a minimum of 10 foot-candles of illumination, measurable with a standard light meter at floor level in halls and tread levels on stairways, at all times when the structure is occupied. Subd. 6 Electricity. Every dwelling shall be supplied with electricity and shall meet the following requirements: A. Every habitable room shall contain one electrical convenience outlet for each 20 lineal feet, or major fraction thereof, measured horizontally around the room at the baseboard line, provided that in each room one ceiling-type electric light fixture may be substituted for one of the required electrical convenience outlets. B. Every water closet compartment, bathroom, laundry room, furnace room, and public hall shall contain at least one ceiling or wall-type electric light fixture. C. Every outlet and fixture shall be installed in an approved manner and maintained in good and safe working condition. 725 - 8 City of Edina Health 725.08 Subd. 7 Screens. During the portion of each year when the Sanitarian finds it necessary to protect against mosquitoes, flies, and other insects, which are of such kind and occur in such numbers as to cause a hazard to health, every door opening directly from a dwelling to outdoor space shall have a screen door with a self- closing device; and every window or other device with openings to outdoor space used or intended to be used for ventilation, shall likewise be supplied with screens. 725.08 General Requirements for Maintenance of Parts of Dwellings and Dwelling Units. No person shall occupy or let to another for occupancy any dwelling unit which does not comply with the following requirements: Subd. 1 Exterior Wall, Foundation and Roof. Every foundation, exterior wall and roof shall be substantially weathertight,watertight, and rodent proof.The following conditions shall be promptly repaired or replaced: A. Deteriorated, crumbling or loose plaster. B. Deteriorated, or ineffective waterproofing of exterior walls, roof, foundations or floors including broken windows or doors. C. Defective, or lack of, weather protection including lack of paint, or weathering due to lack of paint or other protective covering. D. Broken, rotted, split, or buckled exterior walls or roof coverings. Subd. 2 Interior Walls, Ceilings,and Floors. Every floor, interior wall and ceiling shall be kept in sound condition and good repair. Subd. 3 Windows, Exterior Doors, and Basement Hatchways. Every window, exterior door, and basement hatchway shall be reasonably watertight,weathertight, and rodent proof and shall be kept in sound working condition and good repair. Subd. 4 Stairways. Every inside and outside stairway shall be maintained in safe and sound condition and good repair. Subd. 5 Plumbing. Every plumbing fixture and water and waste pipe shall be installed in compliance with this Code and shall be maintained in working condition, free from defects, leaks and obstructions. Subd. 6 Floor Material. Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. Subd. 7 Equipment, Facilities, and Utilities. Every facility, piece of equipment, 725 - 9 City of Edina Health 725.09 or utility which is required under this Section shall be so constructed and installed that it will function safely and effectively, and shall be maintained in satisfactory working condition. Subd. 8 Continuity of Facilities, Utilities and Equipment. No owner, operator, or occupant shall cause any service, facility, equipment or utility which is required under this Section to be removed from, shut off, or discontinued in any occupied dwelling or dwelling unit, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies. 725.09 Minimum Space, Use and Location Requirements. Subd. 1 Space Requirements. No person shall occupy or let to another for occupancy any dwelling or dwelling unit which does not comply with the following requirements: A. It shall contain at least 150 square feet of floor area for the first occupant and at least 100 additional square feet of floor space for every additional occupant, the floor space to be calculated on the basis of total habitable room area, provided that the non-habitable area shall be counted in determining the maximum permissible occupancy up to ten percent of the total habitable area. B. At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet, and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy of the room. Subd. 2 Basement Requirements. No basement space shall be let as a habitable room and no basement space shall be used as a dwelling unit or rooming unit unless: A. The floor and walls are impervious to leakage of underground and surface runoff water and are free from dampness; B. The total amount of light furnished in each room is equal to at least the minimum amount of light as required in Subd. 1 of Subsection 725.07; and C. The facilities for ventilation in each room are equal to at least the minimum as required under Subd. 1 and 2 of Subsection 725.07. Subd. 3 Cellar Space. No cellar space shall be used as a habitable room or dwelling unit. 725 - 10 City of Edina Health 725.10 725.10 Responsibilities of Owners and Occupants. Subd. 1 Shared or Public Areas. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises. Subd. 2 Occupant Responsibility. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises which occupant occupies and controls. Subd. 3 Occupant Waste Control. Every occupant of a dwelling or dwelling unit shall dispose of all refuse of such occupant and other organic waste which might provide food for insects and rodents, in a clean and sanitary manner, by placing it in the refuse disposal facilities or storage containers required by Subd. 7 of Subsection 725.06. Subd. 4 Occupant Plumbing Responsibility. Every occupant of a dwelling unit shall keep all plumbing in the dwelling unit in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of all plumbing. Subd. 5 Extermination Control. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests in the dwelling unit or on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever such occupant's dwelling unit is the unit primarily infested. Notwithstanding the foregoing provisions, whenever infestation is caused by a failure of the owner or operator to maintain a dwelling in a rodent proof or reasonably insect proof condition, extermination shall be the responsibility of the owner and operator. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination of the infested areas shall be the responsibility of the owner and operator. History. Ord 741 codified 1970 Reference. M.S. 145A.03 through 145A.09 Cross Reference: Section 850 725 - 11 City of Edina Health 735.04 Section 735 - Hotels, Lodging and Boarding Houses 735.01 Definitions. Commissioner. As used in Minnesota Rules 1991, Chapter 4625, "Commissioner" shall mean the City. Hotel, Lodging House, and Boarding House. Whenever used in this Section, the terms for hotel, lodging house, and boarding house shall be as defined in M.S. 157.01. 735.02 License Required. No person shall operate or engage in the business of operating a hotel, lodging house, or boarding house within the City unless a license has been obtained from the City. The applicant for a license shall make application on forms provided by the Sanitarian. The provisions of Section 160 of this Code shall apply to all licenses required by this Section and to the holders of such licenses. 735.03 License Fee. The annual license fee shall be in the amount set forth in Section 185 of this Code. 735.04 Minnesota Rules, 1991, Adopted. There is hereby adopted and incorporated by reference as a section of this Code, Minnesota Rules, 1991, Sections 4625.0100 through 4625.2355 - Requirements for Lodging Establishments. One copy marked "Official Copy" is on file in the office of the Clerk and shall remain on file for use and examination by the public. History. Ord 761 adopted 12-14-77 Reference. M.S. 157.01, Minnesota Rules, 1991, Sections 4625.0100 through 4625.2355 Cross Reference. Section 185 735 - 1