This article shall be effective in all of the area of McLean
County outside the corporate limits of any city, town or village and
also within the corporate limits of any city, town or village in McLean
County where there is in effect an intergovernmental agreement between
the governing body of said city, town or village, the County Board
of McLean County and the Health Department for the regulation of bed-and-breakfast
establishments.
In addition to the definitions contained in the State of Illinois
Food Service Sanitation Rules and Regulations, the following definitions
shall apply in the interpretation and enforcement of this article:
An operator-occupied residence providing accommodations for
a charge to the public with no more than five guestrooms for rent,
in operation for more than 10 nights in a twelve-month period. Breakfast
may be provided to the guests only. Bed-and-breakfast establishments
shall not include motels, hotels, boardinghouses, or food establishments.
An individually portioned and wrapped, yeast or cake-type
bread, bun, croissant or roll with or without filling and/or icing
not requiring time/temperature control for safety.
Limited to only coffee, tea, and/or juice and commercially
prepared sweet baked goods.
A sleeping room intended to serve no more than two transient
guests per night.
The owner of a bed-and-breakfast establishment, or the owner's
agent, who is required by the Bed-and-Breakfast Act[1] to reside in the bed-and-breakfast establishment, or on
contiguous property.
[1]
Editor's Note: See 50 ILCS 820/1 et seq.
A.
Food shall be clean, wholesome, free from spillage, free from adulteration
and misbranding and safe for human consumption. Containers of food
shall be stored above the floor, on clean racks, shelves or other
clean surfaces in such a manner as to be protected from splash or
other contamination. Milk of only pasteurized Grade A may be used.
Use of home canned food is prohibited, except for jams and jellies.
B.
Food shall be protected from contamination while being stored, prepared
and served, and during transportation. Perishable foods shall be stored
at temperatures that will protect them against spoilage. Time/temperature
control for safety food shall be maintained at safe temperatures of
41° F. (5° C.) or below or 140° F. (60° C.) or above,
as appropriate, except during necessary periods of preparation and
serving. Frozen food shall be kept at temperatures that will keep
them frozen, except when being thawed for preparation. Frozen time/temperature
control for safety food shall be thawed at refrigeration temperatures
or below, quick-thawed as part of the cooking process, or thawed by
another method approved by the local health department. An indicating
thermometer shall be located in each refrigerator. Raw fruits and
vegetables shall be washed thoroughly before use. Stuffing, poultry,
and pork products shall be cooked to heat all parts of the food at
least 165° F. (74° C.) before being served. Salads made of
meat, poultry, potatoes, fish, shellfish, or eggs and other time/temperature
control for safety prepared food shall be prepared from chilled products
with a minimum of manual contact. Portions of food once served to
an individual may not be served again. Laundry facilities shall be
separated from food preparation areas. Live animals shall be excluded
from food preparation areas.
C.
No person knowingly infected with a communicable disease that may
be transmitted by food handling may work in a bed-and-breakfast establishment.
D.
If a bed-and-breakfast operator suspects that any employee, family
member or the operator himself or herself has a communicable disease,
the operator shall notify the McLean County Health Department immediately.
E.
All operators shall be certified food protection managers. Certification
shall be achieved by successfully completing training approved by
the Illinois Department of Public Health and receive a passing score
on the examination offered by a certified exam provider accredited
under standards developed and adopted by the Conference for Food Protection
or its successor as described in the current edition of the Illinois
Food Code.
F.
Persons preparing or serving food or washing utensils shall wear
clean outer garments and maintain a high degree of personal cleanliness.
They shall wash their hands thoroughly before starting work and as
often as necessary while working to remove soil and contaminants.
After visiting a toilet room, persons shall wash their hands thoroughly
in a lavatory but never in the kitchen sink.
G.
No one, while preparing or serving food, may use tobacco in any form.
H.
Utensils shall be kept clean and in good repair.
I.
Multi-use eating and drinking utensils shall be thoroughly cleaned
after each use. Facilities needed for the operations of washing, rinsing
and sanitizing shall be provided.
J.
Pots, pans and other utensils used in the preparation or serving
of food or drink, and all food storage utensils shall be thoroughly
cleaned after each use. Cooking surfaces of equipment, if any, shall
be cleaned at least once each day. Nonfood contact surfaces of equipment
shall be cleaned at intervals that will keep them in a clean and sanitary
condition.
K.
Residential sinks and home-style mechanical dish-washing machines
are acceptable facilities for washing multi-use eating and drinking
utensils. Utensils shall be air-dried.
L.
Immediately following either manual or mechanical washing of eating
or drinking utensils, and pots, pans and other cooking utensils, these
utensils shall be effectively sanitized by being submerged in a hypochlorite
solution with a chlorine concentration continuously maintained in
100 parts per million, or another approved sanitizing solution which
shall be used at the concentration tested and approved by the local
health department. Dishpans may be used to accomplish the final sanitizing
rinse. The reuse of single-service utensils is prohibited.
Each person who is provided accommodations shall be provided
individual soap and clean individual bath cloths and towels. Clean
bed linen in good repair shall be provided for each guest who is provided
accommodations and shall be changed between guests and as often as
necessary. Clean linen shall be stored and handled in a sanitary manner.
A.
Enough potable water for the needs of the bed-and-breakfast establishment
shall be provided from a source constructed and operated according
to law.
B.
The water supply shall be sampled and analyzed prior to the opening
of the bed-and-breakfast establishment and annually thereafter to
determine the acceptability of the bacterial and nitrate qualities
of water.
All water-carried sewage shall be disposed of by means of:
All plumbing shall be sized, installed, and maintained in accordance
with applicable provisions of the Illinois State Plumbing Code. Local
ordinances may be followed when standards are equal to or exceed those
contained in the aforementioned code. There shall be no cross-connection
between the safe water supply and any unsafe or questionable water
supply, or any source of pollution through which the safe water supply
might become contaminated.
It shall be unlawful for any person to operate a bed-and-breakfast
establishment which serves breakfast within the County of McLean's
jurisdiction who does not possess a valid permit which shall be issued
annually to him or her by the Health Department. Only a person who
complies with the requirements of this article shall be entitled to
receive and retain such a permit. Permits shall not be transferable
from one person and place to another person or place. A valid permit
shall be framed and posted in conspicuous view of the public.
A.
Issuance of permits.
(1)
Any person desiring to operate a bed-and-breakfast establishment
shall make written application for a permit at least one week prior
to the proposed date of opening on forms provided by the Health Department.
Such application shall be completed and signed by the owner or his
or her representative.
(2)
Upon receipt of such an application, the Health Department shall
cause to be inspected the bed-and-breakfast establishment named in
the application prior to the date of opening; and it shall determine
if the bed-and-breakfast establishment is in compliance with the provisions
of this article. When an inspection reveals that the provisions of
the article have been met, a permit shall be issued. The permit for
full-time establishments is valid through December 31 of the year
issued. Seasonal permits expire six months after the date of issue
or December 31, whichever one occurs sooner.
(3)
Any person who has not paid his or her annual fee for the renewal
of his or her food permit by January 1 of the permit renewal year
shall be considered to be operating a bed-and-breakfast establishment
without a valid permit. However, the annual fee for the renewal of
seasonal permits shall be paid at least one week prior to the reopening
of the establishment.
B.
Suspension of permits.
(1)
Permits may be suspended temporarily by the Health Department for
failure of the holder to comply with the requirements of this article.
(2)
Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of § 216-39D of this article, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, suspended and that an opportunity for a hearing will be provided if, within 72 hours, a written request for a hearing is filed with the Health Department by the permit holder.
(3)
Notwithstanding the other provisions of this article, whenever the
Health Department finds insanitary or other conditions in the operations
of a bed-and-breakfast establishment which, in its judgment, constitute
a substantial immediate hazard to the public health, it may, without
warning, notice or hearing, issue a written notice to the permit holder
or operator citing such condition, specifying the corrective action
to be taken, and specifying the time period within which such action
shall be taken, and, if deemed necessary, such order shall state that
the permit is suspended at the time of inspection, and all bed-and-breakfast
operations are to be immediately discontinued.
(a)
Any person to whom such an order is issued shall comply therewith
but, upon written petition filed not more than 72 hours after the
discontinuance order, may request a hearing for abatement of the order.
(b)
The Health Department shall provide a hearing not later than
five days from the filing of said petition.
C.
Reinstatement of suspended permits. Any person whose permit has been
suspended may, at any time, make application for a reinspection for
the purpose of reinstatement of the permit. Within five days following
receipt of a written request, including a statement signed by the
applicant that, in his or her opinion, the conditions causing suspension
of the permit have been corrected, the Health Department shall make
a reinspection. If the applicant is in compliance with the requirements
of this article, the permit shall be reinstated.
D.
Revocation of permits. For serious and/or repeated violations of
any of the requirements of this article, or for interference with
the Health Department in the performance of its duties, the permit
may be permanently revoked after an opportunity for a hearing has
been provided by the Health Department. Prior to such hearing, the
Health Department shall notify the permit holder in writing, stating
the reasons for which the permit is subject to revocation and advising
that the permit shall be permanently revoked at the end of five days
following service of such notice unless within such five-day period
a written petition for a hearing is filed with the Health Department.
The Health Department shall provide a hearing not later than five
days from the filing of said petition. A permit may be suspended for
cause pending its revocation or a hearing relative thereto.
F.
Bed-and-breakfast permit fees. The annual fees for the permit shall be as set forth in Chapter 205, Fees.
(1)
Such fees shall be payable upon receipt of an invoice issued by the
Health Department.
(2)
Fees for permits issued after June 30 shall be reduced by 1/2 the
annual fee.
(3)
Fees for seasonal permits issued for periods of six month or less
during any calendar year shall be reduced by 1/2 the annual fee.
G.
First permit fee. The fee for the first permit issued to an owner,
for each bed-and-breakfast establishment owned or operated, shall
be increased by 40% of the annual fee for the establishment. If a
bed-and-breakfast establishment changes location, the owner shall
be required to pay the surcharge of 40% for the first permit at the
new location.
H.
Late penalty fee for late renewal payments. A late penalty fee as set forth in Chapter 205, Fees, shall be assessed for permit renewal payments received after January 7 of the permit renewal year. The late penalty fee shall be increased as set forth in Chapter 205, Fees, for payments received after January 21 of the renewal year. Any bed-and-breakfast establishment operating after February 4 of the permit renewal year without a renewed, valid permit shall discontinue operation or be subject to prosecution pursuant to this section and to the penalties contained in § 216-44 of this article.
Any permit holder that has had its permit suspended, revoked
or nonrenewed by the Health Department may seek a review of the decision
by the Board of Health by:
A.
Filing within seven days of receipt of the decision, written notice
with the Board of Health of intent to seek review of the decision;
B.
Filing a written brief with the Board of Health which states the
permit holder's arguments as to why the decision of the Health Department
should be reversed. In addition to the permit holder's arguments for
reversal, this brief shall contain a short recitation of relevant
facts, citation to any relevant legal authority and copies of any
documentary evidence the permit holder wishes to be considered by
the Board of Health; and
C.
Appearing at the meeting of the Board of Health at which the Board
of Health is scheduled to consider the review requested by the permit
holder.
D.
The hearings provided for in this section shall be conducted by a
quorum of the members of the Board of Health at a time and place designated
by the Board within 30 days of the date on which the written request
was filed.
(1)
Notification. The petitioner for the hearing shall be notified of
the time and place of the hearing not less than five days prior to
the date on which the hearing is to be held.
(2)
Findings. Based upon the record of such hearing, the Board of Health
shall make a finding and shall sustain, modify, or rescind any official
notice or order considered in the hearing.
(3)
Written report. A written report of the hearing decision shall be
furnished either personally or by certified mail to the petitioner
by the Board of Health.
Any person, firm or corporation affected by the decisions, rules
or regulations of the Board of Health of McLean County, Illinois,
may have the decisions of said Board of Health reviewed in the Circuit
Court of McLean County, Illinois, and all amendments and modifications
thereof, and the rules adopted pursuant thereto shall apply to and
govern all proceedings for the judicial review of final administrative
decisions of the said Board of Health. The term "administrative decisions"
is defined in Section 1 of the Administrative Review Act.[1]
[1]
Editor's Note: See 735 ILCS 5/3-101.
A.
The Health Department shall routinely inspect each bed-and-breakfast
establishment located in the County of McLean's jurisdiction, at a
minimum frequency in accordance with the following schedule, and shall
make as many additional inspections and reinspections as are necessary
for the enforcement of this article:
|
Permit
|
Frequency of Inspection
|
|---|---|
|
Class H
|
Three times per year
|
|
Class I
|
Two times per year
|
B.
Access to establishments. The Health Department, after proper identification,
shall be permitted to enter, at any reasonable time, any bed-and-breakfast
establishment within the County of McLean's jurisdiction for the purpose
of making an inspection to determine compliance with this article.
It shall be permitted to examine the records of the establishment
to obtain pertinent information pertaining to food and supplies purchased,
received, or used and persons employed.
C.
Inspection records. Whenever the Health Department makes an inspection
of a bed-and-breakfast establishment, it shall record its findings
on an inspection report form provided for this purpose, and shall
furnish a paper or electronic copy of such inspection report form
to the permit holder or operator.
D.
Issuance of notices. Whenever the Health Department makes an inspection
of a bed-and-breakfast establishment and discovers that any of the
provisions of this article have been violated, it shall notify the
permit holder or operator of such violations by means of an inspection
report form or other written notice. In such notifications, the Health
Department shall:
(1)
Set forth the specific violations found;
(2)
Establish a specific and timely period for the correction of the
violations found, substantially as follows:
(a)
When one or more priority item, priority foundation item, or
a provision of a HACCP plan controlling critical limits is identified
as out of compliance, all items must be corrected by the completion
of the inspection, or considering the nature of the violation involved
and the complexity of the corrective action needed, corrections may
be completed as follows:
[1]
All priority items must be corrected as soon as possible but
not to exceed 10 calendar days from the time of inspection;
[2]
All priority, priority foundation items, or HACCP plan deviation
items must be corrected within 10 calendar days from the time of the
inspection; and
[3]
When one or more core items is identified as out of compliance,
such items must be corrected no later than the next inspection or
within a time period proposed in writing by the permit holder approved
by the Health Department provided the extended existence of the item
does not present or result in a health hazard.
(b)
When the existence of an imminent health hazard is identified, the permit is subject to immediate suspension as provided in § 216-36B, herein. In case immediate suspension is not invoked, the hazard and all priority items shall be corrected within 48 hours from the time of inspection. Corrective action shall be initiated on all of the remaining items. Reinspections shall be conducted at timely intervals to ensure correction. If, within the specified forty-eight-hour time period, corrective action has not occurred, the establishment shall be closed as provided for in § 216-36B, herein.
(c)
Repeat violations of priority and priority foundation items documented on two or more previous routine inspections will subject the food establishment permit to suspension as provided in § 216-36B. Suspension of the permit may be deferred upon the permit holder's submission of a written corrective action plan within 72 hours of the inspection. The corrective action plan shall include the repeat violations noted on the inspection, the time period in which the violation will be permanently corrected, and procedures implemented by the food establishment to mitigate risks and hazards associated with the repeat violations.
(3)
State that failure to comply with any notice issued in accordance with the provisions of this article may result in suspension of the permit as provided for in § 216-36B, herein.
(4)
State that an opportunity for appeal from any notice or inspection
findings will be provided if a written request for a hearing is filed
with the Health Department within the period of time established in
the notice for correction.
E.
Service of notices. Notices provided for under this section shall
be deemed to have been properly served when a copy of the inspection
report form or other notice has been delivered personally to the permit
holder or person in charge, or such notice has been sent by registered
or certified mail, return receipt requested, to the last known address
of the permit holder. A copy of such notice shall be filed with the
records of the Health Department.
Food may be examined or sampled by the Health Department as
often as may be necessary to determine freedom from adulteration or
misbranding.
A.
Embargo orders.
(1)
The Health Department may, upon written notice to the owner or person
in charge, place an embargo order on any food which it determines
or has probable cause to believe to be unwholesome or otherwise adulterated
or misbranded. Under an embargo order, food shall be permitted to
be suitably stored.
(2)
It shall be unlawful for any person to remove or alter an embargo
order, notice or tag placed on food by the Health Department, and
neither such food nor the containers thereof shall be relabeled, repacked,
reprocessed, altered, disposed of, or destroyed without permission
of the Health Department, except on order by a court of competent
jurisdiction.
B.
Post-hearing actions. After the owner or person in charge has a hearing as provided for in § 216-37 herein, and on the basis of evidence produced at such hearing, or on the basis of its examination in the event a written request for a hearing is not received within 10 days, the Health Department may vacate the embargo order or may by written order direct the owner or person in charge of the food which was placed under the embargo order to denature or destroy such food or to bring it into compliance with the provisions of this article; provided that such order of the Health Department to denature or destroy such food or bring it into compliance with the provisions of this article shall be stayed if the order is appealed to a court of competent jurisdiction within three days.
When a bed-and-breakfast establishment is hereafter constructed
or extensively remodeled, or when an existing structure is converted
for use as a bed-and-breakfast establishment, properly prepared plans
and specifications for such construction, remodeling, or alteration,
showing layout arrangement, and construction materials of work areas,
and the location, size and type of equipment and facilities, shall
be submitted to the Health Department in a manner prescribed by the
Health Department for approval before such work is begun. A proposed
menu must be submitted with the plans.
A.
Any bed-and-breakfast establishment may request a variance from the
requirements of this article and adopted references when such an establishment
believes that the requirements result in an undue economic hardship
or when it is believed a standard may not apply to the specific situation.
B.
Requests shall be submitted in writing to the Health Department and
shall include the name and location of the business, the name of the
licensee or prospective licensee when applicable, and the section
for which a variance is being requested. Evidence of undue economic
hardship should include estimates and costs for compliance. If it
is believed that a standard may not apply to the specific situation,
an explanation shall be included.
C.
Any person who requests a variance from the provisions of these regulations
shall have the burden of supplying the Health Department with information
that demonstrates that conditions exist which warrant the granting
of a variance. All doubts shall be resolved in the interest of the
public's health and safety and in the favor of denial.
D.
The Health Department may grant a variance if:
(1)
Such variance is consistent with the purpose and intent of the most
current edition of the Illinois Food Code and its associated acts
and codes and this article; and
(2)
It is consistent with the protection of the public health; and
(3)
In the opinion of the regulatory authority, a health hazard or nuisance
will not result from the variance; and
(4)
The circumstances of the bed-and-breakfast establishment are unique;
and
(5)
The cost of compliance is so great that it would threaten the economic
viability of the bed-and-breakfast establishment or the bed-and-breakfast
establishment would be in grave jeopardy if compliance were enforced;
and
(6)
The damage to the bed-and-breakfast establishment's economic viability
is in fact caused by compliance.
F.
Any bed-and-breakfast establishment for which a variance has been
denied may appeal such denial by requesting a hearing before the Board
of Health.
When the Health Department has reasonable cause to suspect the
possibility of disease transmission from any bed-and-breakfast establishment
employee, the Health Department shall secure a morbidity history of
the suspected employee, or make such other investigation as may be
indicated, and take appropriate action. The Health Department may
require any or all of the following measures:
A.
The immediate exclusion of the employee from all bed-and-breakfast
establishments;
B.
The immediate closure of the bed-and-breakfast establishment concerned
until, in the opinion of the Health Department, no further danger
of disease outbreak exists;
C.
Restriction of the employee's services to some areas of the establishment
where there would be no danger of transmitting disease; and
D.
Adequate medical and laboratory examinations of the employee, or
other employees, and of their body discharges.
Any person who shall violate any provisions of this article
shall be guilty of a Class B misdemeanor and, upon conviction thereof,
shall be punished by a fine of not more than $1,500 or imprisonment
of not more than six months, or both. In addition thereto, such persons
may be enjoined from continuing such violations. Each day upon which
such violation occurs shall constitute a separate violation.
