The URL can be used to link to this page

Home My WebLink AboutVAIL VILLAGE FILING 12 BLOCK 2 LOT 8 LEGAL\)c,*\ U.L\o.,^ A\?n 3rv, t. \*Xk NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES ADD/ALT SFR BLIILD PERMIT Permit #: 805-0218 E oFa rb3 Job Address: 3110 BOOTH FALI-S CT VAIL Sratus . . . : ISSUED location.....: 3100 BOOTH FALIS ROAD Applied . . : 08i04/2m5 Parcel No...: 2l0LO230lO22 Issued. .. : 08i08/2005 Project No : a'Prj o6-o33? ExPires ' ": O2|O4/2M o$rlrER BE$INETT, iroHtr B. og/o4/2oos C/O GORE CREEK PRoPERTIES PO BOX 1566 VATII co 81657 APPIJICANT SAITIRE DEVEI_,OPMENT INC 0S/04/2005 phone : 970-949-0660 PO BOX 1371 VAIIJ eo 81558 License: 150-A coNrRAcToR SALTIRE DEVEIJOPMENT rtTC 08/04/2005 phone: 970-949-0650 PO BOX 1371 VAII, co 815s8 License:1-60-A Description: REPAIR FIJOOD DAT.IAGE SHEETROCK AND PAIMT Occupancy: Type Construction: Valuation: $8,000.00 Add Sq Ft: 0 Fireplace Infonmtion: Resuiced:# ofcas Appliancrs: 0 f ofcas l,ogs: 0 #of wood Pellet 0 TOWN OF VAIL 75 S.FRONTAGEROAD VAIL, CO 81657 970-479-2138 Building----> $153.25 Restraranr Plan Review- > Plan Cheek--> 399.51 DRB Fee---------- > DEPARTMENT OF COMMUNITY DEVELOPMENT Investigation- > Will Call---> s0 . 00 f,.gqeatidr Fee______ ), $3 . 00 Cl€an-up De+osia----- > FEE SUMMARY +l**'a*at***tt*a*'t**rr{.*'1.*i*'i*:l*'tl'i.'l.ld.t**t*****:t:*:t:*:hh*:k}*:*:}*:*:i So.0o Toul Calculated Fecs- > $2ss.85 go . oo Additional Fees----- >$0. 00 So.oo Total Permit Fee---- > $2ss.86 $2s5 .85 $0. oo $0. 0o TOTAL FEES-------- > S25s.85 BALANCE DUE ------> Approvals: Item: 051-00 BUIIJDING DEPARTMENI o8/05/2oos cgunion Action: AP Item: 05400 PITANNING DEPARTMEI{II ITCM: O55OO FIRE DEPARTMENT Item: 05500 PUAIJIC WORKS See page 2 of this Document for any conditions that may apply to this pennit. DECLARATIONS I hereby acknowledge that I have read ttris application, filled out in full the information required, completed an accurate plot plan, ad state that all the information as required is correct. I agree to comply with the information and plot plan, to comply with all Town ordinances and state laws, and to build this suucture according to the towns zoning and subdivision codes, design review approved, Intemational Building and Residemial Codes and other ordinances of the Town applicable thereto. REQUESTS FC,R INSPBCTION SHALL BE MADE TWENTY-FOIIR HOIJRS IN ADVANCE BY TELEPHONE AT 479-2149 OR AT OUR OFFICE FROM 8:00 AM - 4 PM. STGNATURE OF OWNER OR CONTRA PAGE 2*******,r********:*:f !t***:f *:******************:t:l:i't't**:t*r****!***'**************,******r.*****{.***:t(***:ft:t rr:r:f :ft:*:t :f :&:f :r CONDITIONS OF APPROVAL Permit #: 805-0218 as of 08-08-2005 Status: ISSUED t'f f 'tt:t*!t*'F{r{.*****:t****:e:*******:F*:t*!t'}*'t*'t!t*:******t *********:t************!{.******:t *:t:+:t*:t:*:F*:t*:t *,r*,$***,F*,t *:f * Permit Tlpe: ADD/ALT SFR BUILD PERMIT Apptied: 08tUt2A05 Applicant: SALTIRE DEVELOPMENT INC Issued: 08/08/200597h949-0ff0 To Expire: 02lMl20M Job Address: 3110 BOOTH FALIS CT VAIL Location: 3100 BOOTH FALLS ROAD Parcel No: 2l0lO23OL022 Description: REPAIR FLOOD DAMAGE SIIEETROCK AND PAINT ********:t*:***{.'*****,|.tl{.************:t*********'******Conditions*|:|.*:t'i:t't:t.'t:f'f****'t*i.**'}:t.*:N.:t:t*:t.*:t|:i*:ti,t'i't.*+** Cond: 12 (BLDG.): FIELD INSPECTIONS ARE REQLJIRED TO CIIECK FOR CODE COMPLIANCE. Cond: 16 (BLDG.): (SFR) SMOKE DETECTORS ARE REQLIIRED PER SECTION R313 OF THE 2OO3 IRC. **ff*f*f*f******+***+++***+++++*'l****'|********'*a'}'t****l**'t*tat++++*********r+******r.*r,+rt*** TOWNOFVAIL, COLORADO Satem€nr*'i**tfftf**************+****a+++**'|****+*'|*{r*'*'}r**+*tt{t{r't***t++++*+++++++++++***********+**** Staternent. Nr:niber: R050001241 Amount r 9255.96 OB/Oe/ZOO5O9:08 A Palments Method: Check Init: DDG Notation: Saltire 5909 $2s5 .86 l.**{'*{t**{t*'1.********'t*******'l,t****'t'}'}****{rt+***tttttf*tttt+ftf*t*f**********************'t ***,} ACCOUNT ITEM LIST: Account Code Descript ion Current PmtE Permit No: Parcel lilo: Site Address: Lrocation: This Payment: BP 00100003111100 PF 00100003112300 vfc 00100003112800 B05-0218 T}4)E: ADD/ALT SFR BUIIiD PERMIT 270L-O23-OLO2-2 3110 BOOTH FAIJIJS CT VAIL 31OO BOOTH FAITIJS ROAD TotaL Fees: Total ALL Pmts : Balance : BUILDING PERMIT FEES PIJA}T CHECK FEES WIIJIJ CAIIJ INSPECTION FEE $2ss.86 $2ss.85 $0.00 L)5 . Z1 99 ,6L 3,00 lt APPLICATION WILL NOT BE ACCEPTED IF INCOMPLETE OR UNSIGNED Project #: PERMIT AP 75S.F75 S. Frontage Rd. Vail, Colorado 81657 coNrRAcro *r*ro***r W5'0LV General Contractor: Svrt6 htewene^iT luc Town of Vail Reg. No.: l(aO-A Contact and Phone #s:l{o<- q1o 7o/ doyl Emafl address. / votZ. gvf &e aJ Colora4,p, 467 COMPLETE VALUATIONS FOR BUILDING PERMIT (Labor & Materials BUILDfNG;$ 6,*> "oa ELECTRICAL: $OTHER: $ PLUMBING: $MECHANICAL: $TOTAL: $ For Parcel # Contact Assessors Office at 970'328-86/f orvisit ffiFOROFFICEUSEONLYffi Zl olO 23OtoL2- Job Name: {ouJ 6e*t^/fn Subdivision: VAr^ rt l, Demo( ) Other( )WorkClass: New() Addition( ) Remodel ( ) Repair an EHU exist at this location: Yes ( ) No ( )Work Type: Interior [41) Exterior ( ) Both ( ) Type of Bldg.: Single-family ( ) Two-family ( ) Multi-tumily ( ) Commercial ( ) Restaurant ( ) Other ( ) No. of Accommodation Units in this building:No. of Existing Dwelling Units in this building: : GasApoliances( ) GasLoqs( ) Wood/Pellel( ) W Gas Loos ( ) Wood/Pellet ( ) Wood Burning (NOT4LLOWEQ ts| *RECDAUG-S80050uDocumene ruWffi Department of Community Development Project Name:Joq* €a.t^terT ProjectAddressz Sloo t3oap, tlAUg GuET { This cheklist must fu ornpletd hforc a Bultding permit aootiation isa@Ed. o All pages of application is complete o Has DRB approval obtained (if required) Provide a copy of approval form o Condominium Association letter of apprwal attached if project is a Multi-Family complexo Plan check Fee required at submitbl for projects valued over $100,000.00 (see attached Construction Fee Schedule for calculations) a Complete slte plan submitted o Public Way Permit application included if applicable (refer to public Work checklist) o Staging plan induded (refer to Public Works checklist) No dumoster,oarkino or material storaoe allowed on roadwavs and shoulders wlthout written approval o Asbestos test and results submitted if demolition is occurringo Architect stamp and signature (All Commercial and Multi family) o Full floor plans incJuding building sections and elevations(3 sets of plans for remodeVadditions, 4 sets of plans for new SFR and Duplex, 5 sets of plans for MultFFamily and Commercial Buildings) q Window and door schedule a Full structural plans, including design criteria (i.e.loads) o Structural Engineer stamp and signature on structural plans (All C.ommercial and Multi Family) o Soils Report must be submitted prior to footing inspection o Fire resistive assemblies specifled and penetntions indicated o Smoke detectors shown on plans o Types and quantity of fireplaces shown I have read and understand the above listed submittal requirements: Applicanfs Date of submittal: tl Documenp Received By: 05/20t2005 t.t' If this permit requires a Town of Vail Fire Department Approval, Engineer's (Public Works) review and approval, a Planning Department review or Health Department review, and a review by the Building Department, the estimated time for a total review may take up to six (6) weeks. All commercial (large or small) and all multi-family permits will have to follow the above mentioned maximum requirements. Residential and small projects should take a lesser amount of time. Howwer, if residential or smaller projects impact the various above mentioned departments with regard to necessary review, these projects may take up to six (6) weeks to review and approve. Every attempt will be made by this department to expedite this permit as soon as possible. I, the undersigned, understand the plan check procedure and time frame. I also understand that if the permit is not picked up by the o<piration date, that I must still pay the plan check f€e and that if I fail to do so it may affect future permits that I apply for. Agreed to by:G EIA,il. Project Name:6-^, ku,,*tr Date: 3'Z' o5 UANCE TIME FRAME Print name DocumenE o5t202ff),5 WHEN A *PUBLT WAY PERMIT' IS REQUIRED PLfASE READ AND CHECK OFF EACH OF THE FOIOWTNG QUESTpNS REGARDTNG THE NEED FOR A.PUBLrc WAY PERMIT": o Is th's a new residence? YES No -/' Does demolition v'igrk being performed require tfe usgof the Rightof-way, easerpnb or pubfic property? YES_ NO ../ o o Is any uUlity work needed? YES NO v/ Are there any improvemenb being done to the driveway ? yES NO ./ Is a different access needed bc the sih other than the exisUng driveway? yES_ NO -/ Is any drainage work bejgrdone that aftcts the Rbhtof-way, easemenb, or public property?YES_ NO _/' Is a "Revoca ble Right-of-Way Permif' req uired?YES No -/ a Is fte Rightof-Way, easemenb or public property to be used for staging, paking or fencing? YES NO ./' If you answered YES b any of these questions, a "Public Way Permif'must be obtained. Y ublic Way Permit" applications may be obtained at the P ublic Work's office or at Community Developrnent (a sample is atbched). If you have any quesUons please call Leonard Sandoval in Public Woria at479-2198. I HAVE READAND ANSWERED ALLTHE ABOVE QUESTIONS. fr utrd- PJv€ to?p€uT / *< If ansrrrer is YES DaE Signed:(, 3 ."s DocxrmenE c. ,t! FF. ^^ r6t.fi. /ht't^6,m, NO, is a par!!9, sbgirp or ferrcing plan required by Public Works?NO v- ContracbrSignaUre anJoborProPctNu*' uloJtg '*PPC-i T Company Name osDOnOOs PRJ #: PW#:APPLICATION FORTOWN OFVAIL PLJBLIC WAY PERMIT2o_ t. Parcel #:T0t4nm Bldg. Pernit #: ! Job Name Street Address (lf unknown call2. +lg-zttgt' Excavating Contractor Name Mail Address TOV Contractor Liceuse Number - REQInRED State Phone #zipCity Start Date 4. Work is for (circle one) Otfter Completion Date Water Sewer Gas Electric (P€rmit Expiration Date) Telephone CATV Landscaping Temp. Site Access 6. 7. Trench-width (min.4') L€nSth Depft Toal SF $ Bond Amount $Pefinit Fee S Total LF Total Permit Feo $ ALL MATER]AL, EQUIPMENT, AND TRAFFIC CONTROL DEVICES MUST BE ON THE JOBSITE BEFORE T}IE JOB IS STARTED. Rubber out-riggers are required on orcavating equipment when working on asphatL Asphalt surfaces underneath the bucket and lugs shall be protected at all times, A signature below indicates a review ofthe area and utility locations and approval. Once all utility company signaures are obtained , permittee has optlon of routing rpplicrtion through the Public Works olllce to obtrin the necessrry Town of Vail signatures. Please allow up to one week to process. Xcel Energy / Public Service Company (1-800-922- 1987) Xcel Energy High Pressure (1-80G922-1987\ Quest (1-80G922-l987) Comcast Cable (l -80G922-l 987) Eagle River Water & Sanitation District (970476-7480, ext. 1 14) Holy Cross Electric Company (l-800-922-l Town of Vail Etectricians (970479-2155) Town of Vail Inigation (970-479-2158) THERE WILL BE NO TOTAL STREET CLOSURES! A oonstruction traftic control plan mu-st be submitted ond approved by the Public Works Deparflnent prior to issuance of tlre pennit. 9. All excavation must be done by hand within 18" of utilities - (Senate Bill l72). 10. Pemrittee rnust contact the Public Works Departrnent at 476'2198 24 hours oriot' to comnr€ncine of work. Failure to Notifr the Town will result in forfeiture ofbond money, Scheduled inspections drat are not r€ady may r€sult in the Town charging the contractor a re-inspection fee, ll. I certii, that I have read all chapters of Tltle E - Public Wrls and Property, ofthe Vail Municipal Code and all utility Company agreernents, signed by mg and will abide by the same, and that all utilities have been notified as required. Contractor''s Signaiure of Agrcement Print name clearly ATTACH PLAN Or WORIq INCLUDING CONSTRUCTTON TRAFFIC CONTROL PLAN Show street with names, buildings, and location of cuts. USE DASII LINES FOR CUT. DoormenP Date of signaturc White - Public Works Yellow - Contactor o5t20t2005 tl PUBLT U'ORKS AND THE PUBLtr WAY PERMTT PROCESS IIow it relates to Building Permits: If yes was arswered b any of the questions tren a '?ublic way" permit is requircd. you can pick up an application at either Community Developmen! locabd at 75 Soutr Fmnbge Road or Publ'rc Works, locabd at 1309 Elkhom Drive. utilities prior b signing application. Some utility companies rcquire up b 48 hourc notice b schedule a locaE. ) A constuction taffic contolAhging plan must be preparcd on a separab sheet of paper. An approved siE plan may abobe used. This plan'wili show locations of all traffic contrrol devices (signs, cones, eb.) and the work zone, (arca of corstrr.rction, staging, etr.). This plan will expire on November 1st and will need b be resubmitbd for consideration for approval thtough $e winbr. Be aware hat your resubmission br winEr may be denied depending on he location of constuction. and depth of work). This may be dnwn on he faffic contol plan or a sib plan for the i:b. )' Submit complebd application b the Public Work's ofiice fur review. If required, locaEs will be scheduled for the Town of Vail electicians and irrigation crew. The locaEs take place in the moming, but mey rcquire up b 48 hours b perform. > The Public Wott's Constuction Inspecbr will review the application and approve or deny the permil You will be conhcted as to the shtus and any requiremenB that may be needed. Most permits arc released witrin 48 hours of being received, but please allow up b one (1) week b process. F As soon as he permit is approved, the Building Deparfnent will be notified, allowing he "Building Permit" b be released. Please do not confuse tre Yublic Way Permif'with a "Building Permif'. ) NOTE: The abbve plocess is fur uprk in a public rmy ONLY. Public Wby Permits are valid only until November 15th. A new Public ltay Permit is rcquircd each year if uo* is notcompleb. Re-application each November 15th does not mean an aubmatic reneural. I have read and underctand the above. €.?'-; DabSigned 0ffi0no05 l.l, IUmV0F DRAINAGE AND CULVERT II{SPECTIONS ARE REOUIRED BY PUBLIC WORI(S! Please read and check off each of the items below: The Town of Vail Building Depaftment has developed the following procedures to ensure that new construction sites have adequately established proper drainage from building sites along and adjacent to Town of Vail roads or streets. The Town of Vail Public Works Department will be required to inspect and approve drainage adjacent to Town of Vail roads or streets and the installation of temporary or permanent culverts at access points from the road or street onto the construction site. Such approval must be obtained prior to any requests for inspection by the Town of Vail Building Department for footings, temporary electrical or any other inspection. Please call Leonard Sandoval at479-2198 to request an inspection from the Public Works Department. Allow a minimum of 24 hour notice. Also, the Town of Vail Public Works Department will be approving all final drainage and culvert installation with resulting road patching as necessary. Such approval must be obtained prior to any Final Certificate of Occupancv issuance. Agreed to by:G 6t^"[.<- Project Name: Date Signed: Documene Signature J;u,' 6auue-r5 Print Name 5- = 'o5 owot2w5 TOWN OF VAIL 75 S.FRONTAGEROAD vArL, co 81657 97U479-2t38 Electrical---- > DRB Fee------- > Investigation-- ) Will Call---- > 08/05/2005 cgrunion IICM: 05600 FIRE DEPARTIT{EIIT DEPARTMENT OF COMMTJNITY DEVEIJOPMENT NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES ELECTRICAL PERMIT Permit #: E05-0163 6ot<t t+E Job Address: 3110 BOOTH FALIS CT VAIL Location.....: 3100 BOOTH FALI-S ROAD ParcelNo...: 2l0lV230l022 ProjectNo t ?4 o€-oEz7 OWNER BSNNETT, iIOHII B. c/o GoRE CREEK PRoPERTIES PO BOX 1656 VAIL co 81657 APPIJICA}IT ARCH EIJECTRIC INC P.O. BOX 6522 VAIIJ co 81657 Licenge;336-E CONTRACTOR ARCH ELEETRIC INC P.O. BOX 5522 VAII-, co 816s? License: 335-E 08/04/2O0s o8/04/2oo5 Phone:970-376-4797 08/04/2005 Phone: 970-376-4797 Desciption: INSTALL NEW RECESSED UGHTIN FLOOD DAMAGED AREAS, CLEAN UP IUNCTION BOXES ALL OVER BEDROOMS Valuation: $3,000.00 Square feet: 25ffi FEE SI,'IMMARY ISSUED 0autz0[,s 08/08/2005 vzt0/.t2006 $109.25 s0.00 $109.2s $3 .00 Totrl Calculated Fees-> Additio,ml Fecs----> Totrl Permit F€e----> s221. s0 $0. 00 s221- 50 $221- 50TOTALFEES-> $221. so BALANCE Dt E-----> 50.00 Approvals: Item: 06000 EIJECTRICAL, DEPARTMENT Action: AP CONDITIONS OF APPROVAL Cond: 12 .!?.T-.9;J.;.-l-Tl*'I..Tf..tf.:T."t*oJ:-.3.-T*PJ.t-*"*1..J9'-:-T--:.{.-T9*.S.o3.T.-9.o-yJ-1I.H*".T..*******'*,.+'r,r++ri.r,,'rr*'r:*'r:}+:}:}++ DECLARATIONS I hereby ac*nowledge that I have read this application, filled out in full the information required, completed an accurate plot plan, and state that all the information as required is correct. I agree to conply with the information and plot plan, to comply with all Town ordinances and state laws, and to build this sEucture according to tlp towns zoning and subdivision codes, design review approved, International Building and Residential Codes ard other ordinances ofthe Town applicable thereto. REQIJESTS FOR INSPECTION SHALL BE MADE TWENTY PM. BY TEIEPHONE AT 479-2149 OR AT OllR OFFICE FROM 8:00 AM - 4 a*****,t,*'i'*'lf **+++tt*rtrl'****,i'*{.****++*rt't*1{r{.'t'!t *{.*rt******++*i**'t{.*****,*f,*'i'tr****'trrt*'}**:t****'t'}*** TOWNOFVAIL, COLORADO Stat€rnent+**'i***+{t*t!*****flfl{'*'t**t{'**l+**+++{'*!t{'**'}****'}**'}+*++flllf*t*****'tt*rrt 't*****+******tta++**Statement Nurnber: R050001249 Arnount: Payment Method: check 1990 $22L. 50 08 / 08 / 2OOs12 228 P|NrInlt: DDGNotation: Arch Electric Permit No: 805-0153 T)'F)e: ELECTRIC.a,I PERMITParcel No: 2LOL-O23-OLO2-2 Site Addresa: 3110 BOOTH FAIJTS ef \'AIIJLpcatlon: 3100 BOqrH FALLS ROAI) Total Fees: ThiB Palment:$221. s0 Tot,al ALL Pmbs: BaIaDce: $22!.50 $22L.sO $o. oof***+****t+at******ltatt****tdtlt*+*++*****++*******+t+****+aa*ttl+++*****'t*r.r.****{.{.lt*******{r*** ACCO{JNTITEM LIST: Account Code Deecript.ion Current Pmts EP 00100003111100 sN 00100003153000 wc 0 0100003112I00 ELBCTRICAIJ PERMIT FEES IIIVESTIGATION FEE (BIJDG) WILIJ CALL TNSPECTION FEE 109 .25 109 .25 3 . OO APPUCATION WILL NOT BE ACCEPTED IF INCOMPLETE OR UNSIGT{ED Project #: Building Permit #: Electrical Permit #r 97 O- 47 9 -2149 (I n spectio n s) TWIIWyilL 75 S. Frontage Rd.i';ii; cilffil"Tir', .;IW .- ,/ .1 v- ( coNrRAcroRrNFoRMArroN W, - 0(U, Contractor:Town of Vail Reo. No.: 33rp- E-Contact Person and Phone #'s: {h"{ ?1G q-lq-lE-MdAtu* =."+ e Contractor Siqnaturd 't r- v'v'7r / LLx-uaw- COMPTETE SQ. FOOTAGE FOR AREA OF WORK AND VALUATION OF WORK (Labor & Materials) AMOUNT OF SQ FT IN STRUCTURE:ELECTRICAL VALUATIoN: t 3W , O0 @ntact Assessorc Offie at 970-328-8640 or w?it for Parcel # Parcef # Jl0(O ZjOtOZL Job Namei \ ,--- "-"'-' Johh -B=*tnetF lob Address: .4lorJ Eco*ln trat\ (\o 'l Lesat Description ll lou I Block:Z Filing:\L suMivision: Va i I Vr'l{c.ps owners Narne:Joh,.. S.nrnetg I n0tassfu p.o . tto tt U Tm""" Engineer:Address: Vai i Cn ll ehone: Detailed description of work: r^s fa tt ne.r^J regess=€l lril lrfc in +b<>d do. Att<tLg. - Qlec^^ .,'p J r.,r^g,t(ov.' bo(t q.tli ov€r b<al roo uT'^-9 . workchss: New() Addirion( ) Remoaer)( Repair( ) Temppower( ) orher( ) WorkType: Interior!() Exterior ( ) Both ( )Does an EHU exist at this location: Yes ( ) No ( ) Typeof Bldg.: single-familyg{ Duplex( ) Mulu-family( ) commerciat ( ) Restaurant( ) other( ) No. of Existing Dwelling Units in this building; I No. of Accommodation Units in this building: Is this permit for a hot tub: Yes ( ) ruo tX Does a Fire Alarm ExisL Yes ( ) NoW Does a Fire Sprinkler System FtdsH Yes ( I tto fi) @_- .htf 2-4: x * * tc * tt tc * * * $t#***********************FoR oFFrcE usE oNLy,/ ,^\'v R-ecnuvEs] ,r************ JL!l. 18'..; TOV-COM.DEV. F:\cdev\BUILDINC\APPLTCATIONS\ELECPERM2005.DOC o'1t06DQ05 u o o o o o IUMYOF Amendment to the 2002 N.E.C. Town of Vail Ordinance 4, Series of 2005 Overhead seruices are not allowed in the Town of Vail. Underground seruices have to be in conduit (PVC) from the transformer to the electric meter, main disconnect switch and to the first electrical distribution circuit breaker panel. The main disconnect switch shall be located next to the meter on the exterior wall of the structure easily accessible. All underground conduits are required to be inspected before back-filling the trench. In multi-family dwelling units, no electical wiring or feeder cables shall pass from one unit to another. Common walls and spaces are accepted. NM Cable (Romex) is not allowed in commercial buildings or structures exceeding three (3) stories. No use of aluminum wire smaller than size #8 will be permitted with the Town of Vail. TOWN OF VAIL ELECTRICAL PERMIT GUIDELINES All installations of elterior hot tubs or spa's require a DRB approval from planning. This application will not be accepted without a copy of the DRB approval form attached (if applicable). If this permit is for installation of an exterior hot tub or spa on a new elevated platform or deck over 30'above grade, you must also obtain a building permit. If this permit is for installation of an exterior hot tub or spa on any existing deck or elevated platform, a structural engineer must review the existing condition and verify that it will support the added concentrated load. Please provide a copy of the structnral engineers wet stamped letter or drawing with this application. If this is a remodel in a multi-family building with a homeowners association, a letter of permission from the association is required. o If this permit is for a commercial space, two (2) sets of stamped drawings are required. ll-T llf l0 t Date Signed If you have any questions regarding the above information or have additional questions, pfease contact the Town of Vail Electrical Inspector at97O-479-2L47. The inspector can be reached on Tuesday, Thursday and Friday mornings between the hours of 8am and 9am. You may also leave a voice mail and the inspector will call you back. Signature F:bd€v\B UILDING\APPLICATIONS\EL"ECPERM20O5.DOC MN6D00S 11-0&2m5 lnspcction Rcquest Reporttng Page43q:M pm vatt. co - clty ol - Psque5ted lnspect Datel lnspecflon Area: Slte Address: lfdnesday, Nov€mber 09, ?005 3T1O BOOTH FALLS 3,|OO BOOTH FALI."S CT VAIL ROAD AJP/D lntbrmagon Ac'llvltv: E0S0153 Cons!Tgr5: Type:SELEC ASFR Slatus: ISSUED InspArea: SHG,vritr: BENIIETT, JOHN A.Applbant AEqFI qLEqIEIc lNc Plioi*: 970-37S4737Applhant ARCFI ELECTRIC tNC CohbaclDr: ARCI-| ELECTRIC lfJCgontaclor: ARCI-I ELECTRIC ltJC Phons: 97tI,37H797 Descriptlrn: {'fS_T4tL_NEw RECESSED LrcHnN FLOOD DAITAGED AREAS, CLEAN UP JUhICnON BCXES ALL OVER EEOROOMS CoMfTTnI; ROL,TED TO CHRIS GUMON TMTH TI.IE BUILDING PERMIT . LCAMPBELL Occupahty: Ttn€ Exp: Recuestcd lns;ec::iils l Iten: 1gD ELEC ?'inel Requestor: ARCH ELECTRIC lNC Assigned To: Sl-t{HN Action: Requested Ttriia: {0:30 AM- Phone: 97S376.4797 Entored By: DGOLD€N K Item:110 Item; 120 '!90 ,Fyp--*-,--,/ 4fr;z' //^ ./o' 3 e e s- lnsoecton Hlstoft ELEC-Terinp. PowerEt F/r E|. ,,ik 0&'1 i.Cd li,stro;.'.;t. ll.lAHN Action: DNDENIED Cornnrenl l ;'f'l l- i; gAf I g CANNOT IIAVE INSUI.,4I}ON WITHII'.j 3 lllCHES.!J14ZBRO INSTALLATIOI-IS REOUIRE RECES9ED CANS ?,,lAlNTAll.l 12 lNeH SEPERATION OR og,r15,o5 Commsnl It€m: It€m: llem: REPT131 Run Id: 3878 O*ltZOtlS Inspecdon Request Reportlng Page28 T'.4T am vail. co - clty of - Request*C ln$pect Date: Monday, Augu€t 15, 2005 Inspection Are€: SH Site Address: 3ll0 BOOTII FALLS CT VAIL 3{OO BOOTH FALLS RCAD ArPrD lnlorftistcr; ActMtt': Cons! Typ,6: Ollrn€t: Applhant Cohkactor: Der€Jq]$on: Com$€rd: Recuesbd Insoection{si Item: Requ€stor: Coffin€nti; Assbn€d To:- Acllon: Comnrenl; EC5-0i53 _ Typa: B-EIEC_ (Jciupancy: BEitliETi. Jolif . B. ARCH Ei-ECTFiC |l,JC St€hls: ISSt ED lrisp Area: SH Phona: 97$3764797 ARCH ELECTRI; iI{C Phon : 9?$37&4797 INSTALL T€W RECESSED LIGHNN FLOOO T\AT,TAGED AREAS, CLEAN UP JtfiICNON BOXES ALL OVER BECfi&3MS ROUTED TO CHRIS GUNIOI{ Vllltl THE zultDltlc P€RMIT - LCAtiiPBEtL i20 ELEC Rou:h ANCIi ELECICC AM SHAHN RequestBd Tlme: 0e:30 AIX Phon€: 970-37H797 Entsrcd By: LTlLLlt/iAN K lNC, Scou st-tAHN ll.lcHES. 3 }'AINTAIN 12 INCH SEPERATTON OR IAT.NC ENVELOPE. -{4/ g/f/o vEAtt t Qo 7,a lk OL b CO vtlltZ. >Wbl4 , Ut' lo ho(ttrp141, o*'E ftn1d frJ^ Lei",* C{; NoTE I lbm: 110 llem: l2O llem: A€m: lbm: ftp'u .lnspec{icn Historv 130 ELEC-Coirduit 1:|{} ELEC"Misc. 190 ELEC Finsl -W N 9ul-ho\ . I'nrt/ Pr( 6"Lvr V ipJ,, ,6 lv6n- Fc F6d-,pg l/2" fir.. c,**hffi Swol<t 0eJrc*-1 Acuon: DN DEMED CANS REOUIRTD N CEIUT.IOATNC E[.,VELOPE. T I-IAVE ll.l9ULATPN h,lTHllll 3 lt'tCHEg. T.IS REOUIRE RECESSEDCANS MAINTAIN 12 II.ICH SEPERATION OR OA1O-2005 Inspeston Request Repor$ng Page24 a:13 pm Vail_ CO- CW Oi - Requested Inspect pate: lfursday, August I I, 2005 lnsoecdm Arca: SH SlteAddress: 3tt0 B@TH FAIIS cT vAtL 31OO BOOTH FALLS ROAD A/PID lnlbrmation ^ Alrv|ty: E05-0163 Type: SELEC subffi: ASFR Phon€: 97S37H797 Comt Typi: Occwairby: Onner: BENNETT. JOHN B. AFgficant ARCII ELECIRIC INC Coirlractor: ARCH ELECTR|C INCContactofi ARCH ELECTRIC INC Phons: 97t!,37F.{797 D€rcriplion: lhlsTALL NEw RECE$SED LIGHTIN FLOOO DAMAGED AREAS, CLEAN UP JUn.,cTtOfrI BOXES ALt OVER EEORCOMS.Comm€nt ROTITED TO CHRIS GUNIOI.I WITH THE zuILDIt.G PERMIT. LCAMPAELL Fleaue6ted lnsoecfr on{s I Status: ISSUED lmp tuea: SH 9"r4Requested Tlme: 08:30 AM' Phono: 97G376.d797 En{ered By: DGOLD€N K Tlme Exp: DtuT MoPAu Prt,v'u'f ."4*oAi; i[ufrrt tzucl'r.u, '-'' w'tt'io 4r'fu/trh/- 'fuk"WJtq;l i*-'s tzt gevt'o-r6o- ,nsoec{on H,s,orv _.-. ot;:!r,p:::fn ffi{ ft,* ?r- ]|em: 13O ELEC-Conilult $hm: li|O ELEC-Mlsc.tbm: l9O ELEC-Flnal Item: 120 ELEC-Rouoh Faqus$tSl REPTl31 Run Id: 3509 Page 1 of5 Susie Huxford - RE: Response to your email dated 3/15/07[Scanned] From: <john@ski-i.com> To: <SHuxford@vailgov.com> Date: 0312912007 5:10 AM Subject: RE: Response to your ernail dated 3/15/07[Scanned] Susie, Thaaks for your email. I've just come to the office for a few hours before we leave. I'm aware that I can't operate as a bed and breakfast as I have more than three bedrooms and that if I have more than three bedrooms I need a hotel licence but Booth Falls is not zoned for that kind of operation. That said, the requirements for fue, environmental health, licen-sing etc are too big a hill for us to climb even if we did manage to get a change in the town statute. Though perhaps you and your colleagues have a thought on how we might overcome thase requirements., If so, I'd appreciate any help you can give. But I need to know the limit ofwhat I can aad cannot do and would appreciate if you or somebody else could answ€r my questions. To save you looking them up I've repeated them below. 1. Why do we fall into the hotellB&B category? I went into a few agents in the town and tley have many 415/6 bedroom properties to let. Why do they not need a botel or B& B licence? Is it just the food/drinks serrrice issue? i.e can I let the house to visitors? 2. If I use the house personally and bring someone to help cook and clean is this an issue? 3. If I let friends use the house and they bring a cooldcleaner is this an issue I do accept that you have allowed us to op€rate through to 22nd April and have no issue with this. Our operations cease a week before your deadline. But I will say that our company attitude is that if we can't operate then nobody else should be able to operate chalets in Vail and we will complain to the highest authorities if we find that our competitors are not being similariy dealt with. Regards, John Bennett Ski Independencei0splel,- Holida-vs From: Susie H uxford [mailto : SHuxford@vailgov.com] Sent: 29 March 2007 01:20 To: jbennett@mobileemail.vodafone.net; John Bennett Subject: Response to your email dated 3/15/07[Scanned] file://C:\Documents and Settings\Adminishator\Local Settings\Temp\Gw)00001.HTM 03129/2007 Frcm: Mike VaughanIh, iiiikr SubJect Fwd: FW: Chalets in Vail Hey there. With respect to Mr. Bennets request, urould )ryr please share with him that I have not heard from 0re alarm oompany in regard to this issue. I am not allcilred to submit a urork order, but will contact the alarm company and share Mr. Bennefs email if he deems it appropriate. I do not think Fire's issues will be an obsfucton to hie operations n€xt lrear. Thanks again, Mike. Mike Vaughan LieutenanUFire Prevenlion Officer Vail Fire & Emergency Sewices s70479-2252 Page 3 of5 regardless of any intent to resume operauon of use, shall not be resumed thereafter, and any future use of the sibe or structures thereon shall conform to the provislons of this Utle. E.Radew Of Decision: The town ouncil, the applicanf adjacent property owher or the town manager, may appeaUcall up to the town council for review any decision made by the planning and environmental commission regarding a ondiuonal use permit for bed and breaKast as per section 12-3-3 of this tiue. (Ord. 29(2005) g 33: Ord. 31(2001) $ 4: 1997 C.ode: Ord. 7(1996) 5 8: Ord. 31(1989) 55 16-119) 12-3-7: AMENDMENT: A.Prescription: The regulations prescribed in this tide and the boundaries of the zone districts shown on the offlclal zoning map may be amended, or repealed by the tom council in accordance with the procedures prescribed in this chapter, B.Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiabed by the town council on its own motion, by the planning and environmental commission on its ourn motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone disbict boundaries shall be filed on a form to be prescribed by the administrator. The petiUon shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the €ldsung and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the ownes of all propeftles within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' llst shall Include the names of all ownels, their mailing and street addresses, and the legal description ofthe property owned by each. Accompanying the list shall be stam@, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the adminisb"br. C.Criteria And Findings: 1. Zone District Boundary Amendment: a. Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the follortring factors with respect to the requested zone district boundary amendment; (1) The e)dent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (2) The adent to whhh the zone district amendment is sultable with the existing and potential land uses on the site and o<isting and potential surrounding land uses as set out in the town's adopted planning documents; and (3) The e)dent to which the zone district amendment presenb a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and (4) The odent to which the zone disbict amendment prwides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and (5) The extent to whkh the zone district amendment resulLs in adverse or beneficial impacts on the natural file://C:\Documents and Settings\Administrator\Local Settings\Temp\Gw)00001.HTM 03129/2007 Page 4 of5 environment including, but not limited to, water quality, air quality, noise, vegetation, riparhn corridors, hillsides and other desirable natural fuatures; and (6) The extent to which the zone dKrict amendment is consistent with the purpose statement of the proposed zone district and (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer approprlate; and (8) Such other factors and cn'teria as the commission and/or council deem applicable to the proposed rezoning. b. Necessary Findings: Before recommending and/or granting an apprcval of an application for a zone district boundary amendment, the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the adopted goals, obJectlves and policies outlined in the Vail comprehensive plan and compatible with the dwelopment objectives of the town; and (2) That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (3) That the amendment pronntes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious dwelopment of the town in a manner that conserves and enhances its natural environment and its established chancter as a resort and residentlal community of the highest quality, 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Beforc acdng on an application for an amendment to the regulations prescribed in this UUe, the planning and environmental commission and town council shall consider the following factors with respect to the requested te)ft amendment: (1) The extent to which the tot amendment furlhers the general and specific purposes of the zoning regulations; and (2) The e)ftent to whlch the tsrt amendment would better implement and better achi€ve the applicable elements of the adopted goals, objectives, and policies oudined in the Vail comprehensive plan and is compatible with the dwelopment objectives of the town; and (3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and horu the existing regulation is no longer appropriate or is inapplicable; and (4) The o<tent to which the Gxt amendment prcvides a hannonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and (5) Such other fadors and criteria the planning and envircnmental commission and/or council deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the applicable elements of the adopted goals, obJectives and policies fi1e://C:\Documents and Settings\Administrator\Local Settings\Temp\Gw)00001.HTM 03129/2007 Page 5 of5 outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (2) That the amendment furthers the general and specific purposes of the zoning regulaHons; and (3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established characGr as a resort and residenUal community of the highest quality. D.Fee: The town council shall set a fee schedule for petitlons for amendment of the regulations of this title or a change in zone district boundaries, sufficient to cover the cost of town staff time and other oeenses incidental to the review of the petition. E.Hearing: Upon filing of a petition for amendment or upon initiation of an amendment by the town council, planning and environmental commission, or administrator, the administrator shall set a date for hearing in accordance with the provisions of subsections 12-3{8 and C of this chapter. F.Planning And Environmental Commission Recommendation: Within twenty (20) days of the dosing of a public hearing on a proposed arnendment, the plannlng and environmental commission shall act on the petition or proposal. The ommission may re@mmend approral of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmit its recommendatlon, together with a report on the public hearing and ib deliberauons and findings, to the toan council. G.Hearing By Town Council: Upon receipt of the report and recommendation of the planning and environmental commission, the town council shall set a date for hearing in acordance with subsection 12-3-68 of this chapter. H.Action By Town Council: Within twenty (20) days of the closing of a public hearing on a proposed amendment, the town council shall act on the petition or proposal. The town council shall consider but shall not be bound by the reommendation of the planning and envircnmental commission. The town council may ctluse an ordinance to be introduced to amend the regulations of this tiUe or to change zone district boundaries, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the council may deny the petition. If the council elects to proceed with an ordinance amending the regulations or changing zone district boundaries, or both, the ordlnance shall be considered as prcscribed by the charter of the town. (Ord. 29 (2005) 5 19: ord.4(2002) $ 1: Ord.4e(1e79) gg 2,3: ord. s0(1978) g 17: ord. 16(1s78) g 8: ord.8(1978) S 21.500; Ord, 8(1973) Sg 21,501, 2L.5o4, 21.506) Thank-you for your cooperation in this matter. Sincerely, Susie Huxford, Code Enforcement Officer Department of Community Development Town of Vail shuxford@vailgov.com (970Y77-34t7 (office) (e70)390-5a15 (cell) fi le://C:\Documents and Settings\AdminishatorV,ocal Settings\Temp\GW)00001.HTM 03/29/2007 Page 2 of5 John, Thank you for your patience and meeting with us on March 5, 2007. I hope this helps. I have enclosed the following regulations pertaining to your situation. If you would like to research this yourself, the Vail Town Code can be located at http: //www.sterlingcodifi en.com/CO/Vail/ 3100 Booth Falls Couft is onsidered to be located witrin a Two Family Residential Zone Dishict per the Vail Town C.ode. Only certain businesses are allowed within this zone district and only with a special permit (Conditional Use Permit), This is how the "Bed and BreaKast" topic came about. The way you are operating currently is not allowed in this zone. We were trying to see if we could fit you into the "Bed and BreaKasf' definition but due to the size of the operation, this cannot be allowed. We have agreed to allow your operation located at 3100 Booth Falls C-ourt until April 22,2007 with the remittance of the Town of Vail Sales Tax. After Aprll 22, 2OO7 , all operations shall cease, This is why we suggested the second altemative "Proposing an Amendment to the Vail Town Code". This process is outlined in ion 12-3-7 Vail Town @e. (also inclusive) 12-2-2: DEFINITIONS OF WORDS AND TERMS: BED AND BREAKFAST: A business which accommodates guests in a dwelling unit in which the bed and breaKast proprietor lives on the premises and is in residence during the bed and breaKast use. 12-14-18: BED AND BREAKFAST OPERATIONS: A,Definition: See section 12-2-2 of this title for definiUon of "bed and breaKast". B.Location And Criteria: Bed and brealdast operations may be allowed as a condiUonal use in those zone disbicts as specified in this title. If permitted as a aonditional use pursuant tolhaptetjlliof this title, bed and breakfast operatlons shall be subject to the following requirements: 1. Off street designated parking shall be required as fullows: one space for the owner/proprietor plus one space for the first bedroom rented plus one-half (1/2) space for each additional bedroom rented. 2. Enclosed trash facilities and regular garbage removal service shall be provided. 3. Removal of landscaping for the provision of additlonal parking is strongly discouraged. 4, Each bed and breaKast shall be allowed one residenUal nnameplate" sign as defined and regulated by the town sign code 5. 5, If a bed and breaKast operation shall use property or facilities owned in common or jointly with other property owners such as parking spaces or a driveway In duplex subdivision, by way of example, and not limitaUon, the written approval of the other property owner, owners, or applicable owners' association shall be required to be submitted with the application for a conditional use permit. 6. A bed and breakfast operation may short term rent separately up to three (3) bedrooms or a maximum square footage of nine hundred (900) square feet of the dwelling unit. Bed and breaKast operations shall only be permitted to accommodate a "family' as defined in section 12-2-2 of this Utle. C.Compliance: It shall be unlawful for a bed and breaKast operation to do business without a conditional use permit from the planning and environmental commission after June t2, t990, or to operate in violation of any of the provisions of this code. D.Discontinuance: Any bed and breaKast operation which is discontinued for a period of twelve (12) months, file://C:\'Documents and Settings\Administrator\Local Settings\Temp\GW)00001.HTM 03/2912007 TOWN OF VAII., COLORADO APPI.JCATIOII FOR BUSII{ESS AND/OR SALES TA,Y UCENSE Town ofVail Sales Ta< Administrator 75 South Frontage Road Vail, Colorado 81657 (970) 479-2125 BETAIN A COPY FOR YOUR RECOFDS WPE OF LICENSE APPUED FOR: E RFrAL SAT.ES TAX LTCENSE '"'rSlurred fo1 3rv neaon b engage.in.fie business of selling tsngiue pefsonsl property ard censin- jft€s at r€tail and lor boh merchants locat€d wihin h€ ro,ri ot Gl "no t ose mo'drants wihout t,"Town, but who make sares and deri,eries of r,angibre p"*d p.p"rty im. a. u* J ra,i ryiJicommon carfi€r of uEir orn convoyance, n BUSTNESS LTCENSE ls re+ired for arry person to mainlain, operale, @ndust or sngago in any hriness aclivity on premiseswithin he Town ot Wl. T EXEMPT tNSTtTUTtoN LTCENSEt fasic activity?_ ls requhed ror non'profit, chadtabre and locar govemmer organizations, *tm "r" areapr t * payiftsales tax, fut may be requhed to collect salestax. Financial-staternefts shofirq sourcas of funds andexpendihres thercor' adcres of incorporarion a,d byrann may ue rcq,es,teo wfir rrrs appricatio., BUSINESS ACTMES Ooto s &riv[i€s coodr.raed underris ticcnser R€tail Sales (specfl:- RestauranUBar: Lodging: Pofessional (specify) : Produd or service sotd: A s€parale applicdion must be filed lor eadt business locdion in \hx. Appficetiot nust b. typed or ginted, and co{1pt€bty f[€d out lf corporalion, hegistered Agent , AAt Sr4l ll ott b A Business 4o $rb ls lour business operatqd lrom your home? X No tulailirgAddress: /c &x 6og-8Z (Home Occupation Permit Application required.)_Yes &,/ -str.t Local Manager-Represenlalive:Avg oVc*l{t4l State ofColorado Business Phone # ru'la Federat fdentification # %* o78Z lo World you like to rsoeive the Sales Ta< Nennteten YES SALES TA( REMTTANCE INFORMATION: i'1e ot person preparing Sates Tax plwn ?l4&U- AoSAf qff- \t'6oseone:_Employee {eccountant8ookkeeper _Other(specify) Sfi<Altst, posA AU,B aWoDbt Business phone # (rf diftereilthanabove)i 2t? - 2a6g - lgoa ( A*a+ \a.o+ eosat / A,"* ,r_*, -||:'ver- NAMES AND HOUEADDFESSES OF PARINEBS OB OFFICERS OF BUSINESS {dach additionatschedute if necessary) &ar* li.|na I Ei6tr t a.tra , fit|ra t 0.r{/r lDGa I tf4taoot aklltt92ofE fuerhw,lsukze ctt Zr Wka s,p/3'rit Ittna a 0rr6lt lirrra I NewBusiness {Ves Eristing Business _ Yes Dale business began in Vail (lf yes complete) -No No Former Owne/s Name Former Name of Business Name & Phone # Bullding Name Number ol Vail employees, seasonal number of square teet (.xc.pr todgeirrdsb) AFF APPROVALS FOR BUSINESS UCENSE ONLY: Building fficial Heafth Inspector Zoning Administrator Fire Chief - Police Deteclivb Sg. EMERGENCY NOTIFICATION: Required lor Business License. znd Contacl by Police Departrnent: Hom€ Srod Address Horne Phon€ # t, l,::;'.j:li';'li:'#:#jJ,ffi'lillfl'::::: t"Tj::*'i|:-"flr:l:' !i: b*n examined bv me, nar ne sraremenrs made herein are made in sood fafilpursuanrrolheaTownof Vair!Municiparcooe,anirohebeai;;fiil;;r-ilbrd:';;il;#r'ff:#,il1; ^,". frJAta4t- 1otrPou*A " on". 4€/-wty,hr Page I of5 Susie Hurfod - Response to your email dabd S|LS|OT Susie HuxfordFlom: To: Date: John, Thank you for your pauence and meeting with us on March 5, 2007. I hope thls helps. I have enclosed the following regulations piertaining to your situation. If you would like to research this yourself, the Vail Town Code can be located at http://www.sterlingcodifi ers.com/CO/Vail/ 3100 Booth Falls Couft is considered to be located withln a Two Family Residential Zone District per the Vail Torvn Code. Only certain businesses are allowed within this zone district and only with a special permit (€onditional Use Permlt). This is how the "Bed and BreaKast" topic came about The way you are operating currently is not allowed in this zone. We were Wing to see if we muld fit you into the "Bed and Breakfast' definition but due to the size of the operation, this cannot be allowed, We have agreed to allow your operation located at 3100 Booth Falls Court until April 22,2007 withtheremittanceoftheTownofVail SalesTax. AfterApril 22,2007,a|| operaUonsshall cease. This is why we suggested the second alternative "Proposlng an Amendment to the Vail Town Code". This process is ouUined in ffiicn 12-3-7 Vail Town Code. (alsn inclusive) 12-2-2: DEFINITIONS OF WORDS AND TERMS: BED AND BREAKFAST: A business which accommodates guests in a dwelling unit in which the bed and breaKast proprietor lives on the premises and is in residence during the bed and breakfast use. 12-14.18: BED AND BREAKFAST OPEMTIONS: A.Definition: See section 12-2-2 of this tiUe for definition of "bed and brealdast'. B.Location And Criteria: Bed and breakfast operations may be allowed as a conditional use in those zone districG as specified in this title. $ permitted as a onditional use pursuant tothapteilUl of this title, bed and breaKast operations shall be subject to the following requirements: 1, Off street designated parking shall be required as follows: one space for the owner/proprietor plus one space for the first bedroom rented plus one-half (U2) space for each additional bedroom rented. 2. Enclosed trash fiacilities and regular gnrbage rcmoval seMce shall be provlded. 3. Removal of landscaping for the provision of additional parking is strongly discouraged. 4. Each bed and breaKast shall be allowed one residential "nameplate" sign as defined and regulated by the town sign code 5. 5. If a bed and breaKast operation shall use property or facilities owned in common or jointly with other property owners such as parking spaces or a driveuray in duplex subdivision, by way of examplg and not limitation, the written approval of the other property owner, owners, or applicable owners'association shall be requircd b be submitted with the application for a conditional use permit. file://C:\Documents and Settings\Administrator\Local Settings\Temp\GW)00001.HTM 04/05/2007 Page 2 of5 6' A bed and breaKast operation may shoft term rent separately up to three (3) bedrooms or a maximum square footage of nine hundred (900) square feet of the dwelling unit. Bed and breaKast operations shall only be permitted to accommodate a "family' as defined in section 12-2-2 of this title. C.C,ompliance: It shall be unlawful for a bed and breakfast operation to do business without a conditional use permit from the planning and environmental commission after June t2, 1990, or to operate in violation of any of the provisions of this code. D.Discontinuance: Any bed and breaKast operation which is disconHnued for a period of twelve (12) months, regardless of any intent to resume operation of use, shall not be resumed thereafter, and any future use of the site or structures thereon shall conform to the provisions ofthis tiUe. E.Review Of Decision: The town council, the applicant, adjacent property owner or the town manager, may appeal/call up to the town council for relriew any decision made by the planning and environmental commission regarding a conditional use permit for bed and breakfast as per secton 12-3-3 of this title, (Ord. 29(2005) I 33: ord.31(2001) $ 4: 1997 Code: ord.41996) 5 8: Ord.31(1989) 5516-119) 12-3-7: AMENDMENT: A.Prescription: The regulations prescribed in this title and the boundaries of the zone dishicts shown on the official zoning map may be amended, or repealed by the toam council in accordance with the procedures prescribed in this chapter. B.Initiation: 1. An amendment of the regulations of this tide or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A peUtion for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petiUon shall include a summary of the proposed rerrision of the regulations, or a complete description of proposed changes in zone disbict boundaries and a map indicating the o<isting and proposed zone district boundaries. If the petiUon is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the prcperty omed by each. Accompanying the list shall be stamped, addressed envelopes to each onrner to be used for the maillng of the notice of hearing. The petition also shall include such addltional information as prescribed by the adminlstrator. C.Criteria And Findings: 1. Zone District Boundary Amendment: a. Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: (1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development obJectives of the town; and (2) The elCent to which the zone district amendment is suitable with the existing and potential land uses on the site and existlng and potential surrounding land uses as set out in the town's adopted planning documents; and fi1e://C:\Documents and Settings\Administator\Local Settings\Temp\GW)00001.HTM 04/0512007 Page 3 of5 (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses conslstent with municipal derrelopment objechVes; and (1) The extent to which the zone district arnendment provides for the growth of an orderly viable community and does not constifute spot zoning as the amendment serves the best interests of the community as a whole; and (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment including, but not limited to, water guality, air quality, noise, vegetation, riparian corrldors, hillsides and other desirable natural features; and (6) The extent to whidt the zone district amendment is consistent with the purpose statement of the proposed zone district; and (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning des(Tnation of the subject property was adopted and is no longer appropriab; and (8) Such other factors and crlteria as the commission and/or council deem applicable to the proposed rezoning, b. Necessary Findingsl Before recommending and/or granting an approval of an application for a zone district boundary amendment, the planning and environmental ommission and the torrun council shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the adopted goals, objecUves and policies outlined in the Vail comprehensive plan and compatible with the dwelopment objectives of the townl and (2) That the amendment ls compatible with and suitable to adjacent uses and approprlate for the surrounding areas; and (3) That the amendment promotes the health, safety, morals, and general wethre of the town and promoGs the oordinated and harmonious derreloprnent of the town In a manner that @nserves and enhances ib nafural environment and its established character as a rcsort and residential ommunity of the highest quality. 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an applhation for an amendment to the regulations prescribed in this Utle, the planning and environmenhl commlssbn and bwn council shall consider the following facbrs with respect to the requested text amendment: (1) The odent to which the to<t amendment fufthers the general and speciirc purposes of the zoning rcguhtions; and (2) The extent to which the to<t amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehenslve plan and ls compatible with the dwelopment objectives of the town; and (3) The extent to which the text amendment demonstrates horv conditions have substantially changed since the adoption of the subject regulation and how the odsting regulation is no longer appropriate or is inapplicable; and (a) The sGent to whidt the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal dwelopment objectives; and file://C:\Documents and Settings\Administator\Local Settings\Temp\GW)00001.HTM 04105/2007 Page 4 of5 (5) Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment the planning and environmental commission and the tom council shall make ttre following findings with respect to the requested amendment: (1) That the amendment is onsistent with the applicable ehments of the adopted goals, objectives and policles ouUined in the Vail comprehenslve plan and is compaUble with the dwelopment objectives of the town; and (2) That the amendment furthers the general and specific purposes of the zoning regulations; and (3) That the amendment promotes the heahh, safety. morals, and general welfare of the town and promotes the coordinated and harmonious development of the tov'rn in a manner that conserves and enhance lts natural envlronment and its established character as a resort and residentlal community of the highest quality. D.Fee: The town council shall set a fee schedule for petitions for amendment of the regulatons of this title or a change in zone district boundaries, sufficient to cotrer the cost of town staff time and other o(penses incidental to the review of the petition, E.Hearing: Upon filing of a petition for amendment or upon initiauon of an amendment by the town council, planning and environmental commission, or administrator, the administrator shall set a date for hearing in accordance with the provisions of subsections 12-3-58 and C of this chapter. F.Planning And Environmental C-ommission Recomrnendation: Within twenty (20) days of the closing of a public hearing on a proposed amendmenl the planning and envlronmental commission shall act on the petition or proposal. The commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to acmmplish the purposes of this title, or may recommend denial of the petition or rejectlon of the proposal. The commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. G.Hearing By Town Council: Upon receipt of the report and recommendation of the planning and environmental commission, the town council shall set a date for hearing in accordance with subsection 12-3-68 of this chapter. H.Action By Town Council: Within twenty (20) daW of the closing of a public hearing on a proposed amendment, the town council shall act on the petition or proposal. The town council shall consider but shall not be bound by the recommendation of the planning and environmental commission. The town council may cause an ordinance to be introduced to amend the regulations of this title or to change zone district boundaries, either in accordance wlth the recommendation of the planning and environmental commission or in modified form, or the council may deny the petition. If the council elects to proceed with an ordinance arnending the regulations or changing zone district boundaries, or both, the ordinance shall be considered as prescribed by the charter of the town. (Ord. 29(200s) $ 19: Ord, 4(2002) $ 1: Ord. 49(1979) $$ 2, 3: Ord. 50(1978) 5 17: Ord, 16(1978) 5 8: Ord. 8(1978) 5 21.s00: Ord. 8(1973) 59 21.501, 2t.504,21.506) Thank-you for your cooperation in this matter. Sincerely, Susie Huxford, Code Enforcement fficer Department of Community Development Town of Vail file://C:\Documents and Settings\Administrator\Local Settings\Temp\GW)00001.HTM 04/05t2007 Page I of2 :l Susie Huxford - FW: Chalets in Vail From: flTo: <MVaughan@vailgov.com>, <gdenckla@vailgov.com>, <slorton@vailgov.com>, <SHuxford@vailgov.com>, <bgibson@vailgov.com> - Subject: FW: Chalets in Vail Hi everyone. I still have no response to the questions below that I sent on 15lh April - three weeks ago! If this is because you are not allowed to answer specific questions please just say so and I'U approach this from a different direction. But I do need to know the limits of what I can and can't do with my house for next season. I'd appreciate if you could perhaps have one person gather the rcsponse at your end and let me loow so we can proceed with this issue. Thanks and regards. Joltn Bennett Osprey Holidaysr'Ski Independence From: John Bennett Sent: 15 March 2007 13:52 To: 'mvaughan@vailgov,com'; 'gdenctla@vailgo/.com'; 'slorton@vailgov.com'; 'shuxford@vailgov.com'; 'fuibson@vailgov.com' Subject Chalets in Vall Hiweryone, I'm now back in the oflice and considering the issues raised at our meeting on Monday 5th March. I do not have the fire ofEcer's name/email and would appreciate if someone could forward this to him and pass me an email address for him. We vdll as agreed continue to pay the town tax on the bookings for this season which end 'n early April - only a few weeks to go. I found it rather confusing understanding the different requirements but to be clear as a fmt step can you confirm or correct the following points: 1. The principal issue seems to be that we require a hotel licence as we have more than 3 rooms and 900 sq feet? Is this correct?2. Why do we fall into the hoteUB&B category? I went into a few agents in the town and they have many 41516 bedroom properties to let. Why do they not need a hotel or B& B licence?3. IfI use the house personally and bring someone to help cook and clean is this an issue?4. If I let fiierrds use the house and they bring a coolc/cleaner is this an issue Once I have answers to this then I can see if there is some way that we can still operate that does not infringe town rules. There was talk at the meeting of my applying for a change to the Town rules (Zoning Code Amendment) but am not clear how this would work Would this be required to ohange my house to a different type of operation? I guess the best way fonvard would be for the town to allow a European Chalet type operation but surely this would have to come from the town officials who wanted to find a way to allow us to continue. If you thought this worthwhile then you could possibly allow the chalets to continue rvith cedain restrictions but not the onerous requirements of hotel licences. ['d be file://C:\Documents and Settings\Administrator\Local Settings\Ternp\Gw)00001.HTM 04/05/2007 page2 of2 a, happy to talk through how we might make this work. With c10 chalets operating in Vail I calculate they bring about l0,000r skier days to the tou,'n and that would be a sad loss of business. The clients who book chalets will not book hotels or condos as they look for the special atmosphere in the chalets. They'll move to other places where they can book a chalet, Breckenridge, Whistler erc. It would be easier ifl was just dealing through one person at the Town of Vail is there someone at your end who could co- ordinate your response? And yes, my friends and I had a really great ski holiday though it did get a tifle warm on tle slopes this past Monday! Jolm Bennetl Osprey Holidays/Ski Independence 5 Thistle Street Edinburgh EH2 IDF Dircct line 0131 243 8080 Reservations 0845 3 t0 303I wwr'.ospreyholidays.com www.ski-i.com file://C:\Documents and Settings\Administator\Local Settings\Temp\GW)00001.HTM 04/0512007 From: To: Date: Subject:RE: RE: Chalets in Vail[Scanned] There is only one location and that is my house at 3100 Booth Falls Court. I look forward to hearing from you. I am away from 29 Mar to 5 Apr but can be reached anytime at jbennett@mobileemail.vodafone.net John Bennett Ski lndependence/Osprey Holidap --Original Message--- From: Susie Huxford [mailto:shuxford@vailgov.com] Sent:27 March 2007 18:43 To: John Bennett Subject Re: RE: Chalets in Vail[Scanned] John, I appreciate lrour email and understand lour situation. I was going lo discuss lour questions wilh Bill Gibson, the planner present at our meeling. He was sick and has been trying to catch up on his workload. l, too, am out sick today and am sending this email via my phone. I need to know the locations 1ou speak of in your last email to address the individual situations. I will get back to 1pu by the end of this week if not sooner. Thank-ytou! Susie Huxford, Code Enforcement Officer Department of Community Development Town of Vail shuxford@vailgov.com (970)477-341 7 (off ice) (970)390-$15 (cell) Susie, ll's now heading for two weeks since I sent my email and I still have no response to my questions. They did not seem complicated and I'm very surprised that nobody from those representing the Town of Vail at the meeting have come back to me with answers. lf we are to put the house on sale for next winter either as a chalet or a rential unit I need to do it quickly as we are presently tuming away bookings. ls it possible you can chase those responsible as I need to undersland the limit of the rules regarding properties in lhe town? John Bennett Ski Independencey'Osprey Holidap From: Susie Huxford lmailto:SHuxford@vailoov.coml - Subject RE: Chalets in Vail[Scanned] John. Thank you for the email, it was a pleasure meeting you. I recieved your email last week; last week was a very busy week for me. I was also waiting to see if someone over here wanted to take the lead on this situation. Feel free to email me with anyquestions you might have, l, in lurn will make sure they get to the appropriate representatives with the Town of Vail and you get answers. Mike Vaughn was the fire representative. I am working on your cunent questions and will need a couple of days to have your answers. Sincerely, Susie Huxford, Code Enforcement Officer Department of Community Development Town of Vail shuxford@vailgov.com (970)477-3417 (office) (970)390-5415 (cell) From: To: Date: Subject: John, Susie Huxford Re: RE: Chalets in Vail[Scanned] I appreciate your email and understand your situalion. I was going to discuss your questions with Bill Gibson, the planner present at our meeting. He was sick and has been trying to catch up on his workload. l, too, am out sick today and am sending this email via my phone. I need to knorrr the locations )/ou speak of in your last email to address the individual situations. I will get back to 1/ou by the end of this week if not sooner. Thank-you! Susie Huxford, Code Enforcement Officer Department of Community Development Town of Vail shuxford@vailgov.com (970)477-3417 (otrice) (e70)390-5415 (cell) >>> <john@ski-i.com> 03127107 07:59 AM >>> Susie, lfs now heading for two weeks since I sent my email and I still have no response to my questions. They did not seem complicated and l'm very surprised that nobody from those representing the Town of Vail at the meeting have come back to me with an$wers. lf we are to put the house on sale for next winter either as a chalet or a rental unit I need to do it quickly as we are presently turning away bookings. ls it possible you can chase those responsible as I need to understand the limit of the rules regarding properties in the town? John Bennett Ski Independence/Osprey Holidays John, Thank you for the email, it was a pleasure meeting you. I recieved your email lasl week; last week was a very busy week for me. I was also waiting to see if someone over here wanted to take lhe alets in Vail[Scanned] lead on this situation. Feel free to email me with any questions you might have, I, in t.lrn will make sur6 they get to the appropriate representatives with the Town of Vail and 1ou get ansu/ers. Mike Vaughn was the fire repressntative. I am urcrking on )rour cunent questions and will need a couple of dap to have your answers. Sincerely, Susle Huxford, Gode Enforcement Officer Department of Community Development Town of Vail shuxford@vailgov.com (970)477-341 7 (office) (970)3so-et15 (cell) Page I ofl Susie lluxford - RE: Chalets in Vatl[Scanned] <john@ski-i.com>From: To: Date: Subiect:RE: Chalets in Vail[Scanned] Susie, It's now beading for two weeks since I sent my email and I still have no response to my questions. They did not seem complicated and I'm very surprised that nobody from those reprcsenting tlre Town of Vail at the meeting have come back to me with answers. If we are to put the house on sale for next winter either as a chalet or a rental unit I need to do it quickly as we are presently tuming away bookings. Is it possible you can chase those responsible as I need to understand the limit of the rules regarding properties in the town? John Bennett Ski IndependenoeiOsprey Holidays Frpm : Susie Huxford lmailto : SH uxford@vailqov.com l - To:f SubJect RE: Chalets in Vail[Scanned] John. Thank you for the email, it was a pleasure meeting you. I recieved your email last week; last week was a very busy week for me. I was also waiting to see if sorneone over here wanted to take the lead on this situation. Feel free to email me with any quest'rons you might have, I, in turn will make sure they get to the appropriate representatives with the Town of Vail and you get answers. Mlke Vaughn was the fire representative. I am working on your curent quetions and wlll need a couple of dala to have your answers. Sincerely. Susie Huxford, Code Enforcement O,maer Depaftment of Communlty Dwelopment Town of Vail shuxford@vailgov.com Q7Da77-34L7 (office) (970)390-s415 (cell) file:i/C:\Documents and Settings\Administator\Local Settings\Te,rnp\GW)00001.HTM 04105/2W7 Page 1ofl Susie Huxford - RE: Chaleb in Vail From: Susie Huxford Subiect: RE: Chalets in Vail John, Thank you for the email, it was a pleasure meedng you. I recieved your email last week; last week was a very busy week for me. I was also waitlng to see if someone over here wanted to take the lead on this sifuation. Feel frce to email me with any questions you might have, I, in tum will make sure they get to the appropriate representatives witfr the Toryn of Vail and you g€t answers. Mike Vaughn was the fire representative, I am working on your current guesHons and will need a couple of days to have your answe6. Sincerely, Susie Huxford, @e Enforcement ffier Depaftment of Community Development Tolvn of Vail shuxford@vailgov,com (970)477-AL7 (officn) (970)390-5415 (cell) file://C:\Documents and Settings\AdministratorV.ocal Settings\Temp\GW)00001.HTM M|OS/2007 Page I of I Susie Huxford - Chalets in Vail <john@ski-i.com> Chalets in Vail From: To: Date: Subject: Hi everyone, I'm now back in the office and considering 0re issues raised at our meeting on Monday 5th March. I do not have the fre offtcer's namey'email and would ap,preciate if someone could forward this to him 6sd p35s me an email address for him. We will as agreed continue to pay the town tax on the bookings for tlis season which end in early April - only a few weeks to go. I found it rather confrsing understanding the different requirements but to be clear as a first step can you confirm or correct the following points: 1. The principal issue seems to be that we require a hotel licence as we have more than 3 rooms and 900 sq feet? Is this correct?2. Why do we fall into the hotel/B&B category? I v/ent into a few agents in the town and they have many 4/516 bedroom properties to let. Why do they not need a hotel or B& B licence?3. IfI use the house personally and bring someone to help cook and clean is this an issue?4, If I let frien& use the house and they bring a cook/clcaner is this an issue Once I have answen to this then I can see if there is some way that we can stitl operate that does not infringe town rules. There was talk at the meeting of my appllng for a cbange to the Town rules (Zoning Code Amendment) but am not clear how this would work Would this be required to change my house to a different type of operation? I guess the best way forward would be for the town to allow a Europea.n Chalet type operation but surely this would have to come from the town ofiicials who wanted to find a way to allow us to contitrue. If you thought this worthwhile then you could possibly allow the chalets to continue with certain restrictions but not the onerous requirements ofhotel lioences. I'd be happy to talk through how we might make this work. With clO chalets openting in Vail I calculate they bring about l0,00Gr skier days to the town and that would be a sad loss of business. The clients who book chalets will not book hotels or condos as they look for the special atmosphere in the chalets. They'll move to other places where they can book a chalet, Breokenridge, Whistler etc. It would be easier if I was just dealing through one person at the Town of Vail is there someone at your end who could co- ordinate your response? Aad yes, my friends and I had a really great ski holiday though it did get a trifle warm on tle slopes this past Monday! John Bennett Osprey HolidayVSki Independence 5 Thistle Street EdinburghEH2 IDF Direct line 013l 243 8080 Reservations 0845 3i0 3031 uunr..ospreyhol idays.com qr,lrv.shi-i,com fi1e://C:\Documents and Settings\Administrator\Local Settings\Temp\GW)00001.HTM 04105/2007 --M,ar/ 4/o r#/4fi;4W- Ahnoi ot 't '; rk' wll f t , , p - l$'N fua tilfl,ur I tl V Snanz'sy (ttYea"r= gat:e de/r"bo ' "Q'1''&^;t #ol"P6 {n^ ^1sh'n ,''/4{ fl{pm': <4strro*-6** lJlttr,wn waA gtal Scou{ Page I of2 sally Lorton - Re: 3100 (3110 in permits plus) Booth Fa[s court From: To: Date: Subject: David Rhoades Sally Lorton 217/2007 1:33 PM Re: 3100 (3110 in Permits plus) Booth Falls Court Ally Burnett is the on-site manager. Her cell phone Q3B-p-!954 (local). She is very nice and should cooperate.The owner, John Bennett, is available at ol1 44 845310 3o3qlenglario or scouani;. T|.e company o*,i, thl,house so it is not leased from anyone. -)'David Rhoades Fire Inspector Vail Fire and Emergenry Seryices drhoades@vailoov.com >>> Sally Lorton 02107/2ffi7 L2:24 pM >>> HiDavid, I do not have an account for Ski Independence. Please provide me with contact info and I'llcontact them for a business license and sales tax. Thank You, Sally Lorton Sales Tax Administrator Town of Vail, Colorado Phone 970479-2L25 Fax970-479-2248 slofton@vailgov.com www.vailqov.com >>> David Rhoades Z/71200711:51AM >>> Inspector Rulaprilugh and I visited this site to check on an alarm issue. We have several issues to makeeveryone aware of: 1' The residence is owned/operated by Ski Independence (out of Great Britain) and we want to make sure thatthey have a sales tax license. 2. Per Ally, the resident manager, they insblled in floor heat last year. I could not see any permits for thiswork. The last permit was 805-021g. 3. They have installed a new alarm panel and keypad. We have spoken with the alarm company and areresofuing this lssue. 4. The address displayed on the residence is 3100 but our maps and permits plus show 3110. Thank you. David Rhoades Fire Inspector file://c:\Documents and settings\Slorton[ocal Settings\Temp\Gw] 00001 .HTM 2/7/2007 Page I of2 Susie Huxford - Re: Ski Independence Frorn: Lorelei Donaldson To: Susie Hu#ord Date: O2lt3l20072:21PM Subject: Re: Ski Independence Susie I have a 10:00 Liquor Board Hearing and I don't think I have time to attend unless.it's closer to gam to discuss and its a few minutes discussion. I haven't been in contact with anyone but you, Bill Carlson and Sally Lorton. As far as liquor issues, they need a liquor license to serue alcohol, period. Once they advertise, whether ifs on the radio, newspaper, internet, t.v., etc. It becomes a public event and they need a State of Colorado liquor license to serve - period. There are Bed & BreaKast liquor permits which they can apply for, if they quallfy. They can go on to the State of Colorado website at http://www.revenue.state.co.usiliquor dir/wrap.aso?incl=colliqcode/1247410 for more information or I pasted the Section of the State code that pertains to B & B's below. Let me know if you have any other questions. Thanks for your help! Lorelei "12-47410. Bed and breaKast permit. ('1) ln lieu of a hotel and restaurant license, a person operating a bed and breakfast with not more than twenty sleeping rooms that offers comolimentary malt, vinous, or spirituous liquors for consumption only on the premises and only by overnight guests may be issued a bed and breaKast permit. A bed and breakfast permittee shall not sell alcohol beverages by the drink and shall not serve alcohol beverages for more than four hours in any one day. (2) An applicant for a bed and breakfast permit is exempt from any fee otherwise assessable under section 12- 47-501 (2) or 12-47-505 (a) (a), but is subject to all other fees and all other requirements of this article. (3) A local licensing authority may, at its option, determine that bed and breaKast permits are not available within its jurisdiction. (4) A bed and breaKast permit.may be suspended or revoked in accordance with section 12-47-601 if the permittee violates any provision of this article or any rule adopted pursuant to this article or fails lruthfully to furnish any required information in connection with a permit application. (5) lt is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in a bed and breakfast permit to conduct, own either in whole or in part, or be directly or indirectly interested in any other business licensed pursuant to this article; except that a person regulated under this section may have an interest in other bed and breakfast permits, in a license described in section 1247401(1)0 to (1Xt), or in a financial institution referred to in section 12-47-308 (4)." >>> Susie Huxford 2lI3lZ007 2:06 PM >>> Hey Sally, Lorelei and Bill, Since it became more intense and complicated, I backed down for awhile. Everyone was making contact on their own.(which is really what I was trying to prevent but oh well). We are going to discuss it tomorrow at DRT, can you come, it would be most helpful? I am golng to see if Lorelei and Bill Carlson can come too. It is at 9:00 in the community development room (large conference rmm). Scheduldfor apprcximately 9:30. We are going to be discussing bed and breaKasts and Ski Independence. Would love to see all of you! -Susie file://C:\Documents and Settings\Administrator\Local Settings\Temp\GW)00001.HTM 03/05/2007 February 15,2007 John Bennett Ski Independence 5 Thistle Street Edinbwgh, Scotland EH2 lDF Fax: 0l3l225 4789 Email iohn@ski-i.com Re: Ptarmigan Chalet - Sales Tax 3100 Booth Falls Court Vail, Colorado 81657 Dear Mr. Bennett: It has come to the attention of the Town of Vail that Ski Independence is operating 3100 Booth Falls Court as a private chalet catering to paying guests and does not hold a Town of Vail sales tax license. Title 4 Chapter 3 of the Vail Town Code requires Ski Independence to obtain a Town ofVail sales tax license as Ski Independence is engaged in business in the Town providing lodging and food services. Lodgng services and food and drink are sales taxable by the Town of Vail at the rate of 4.0 percent. The sales tax is due to the Town of Vail by the 20'o of the following month. Ski Independence is required to immediately begin collecting fhe 4.0o/o Town of Vail sales tax on all transactions for lodging and food ssrvices that occur within the Town of Vail. The Town of Vail will require Ski Independence to remit sales tax to the Town of Vail for all services provided within the Town of Vail since November l, 2006. I have included an application for a Town of Vail sales tax license and sales tax remittance forms. There is no charge for the sales tax license. Please complete the application and remittance forms for November 2006 through current and retum them to me at our meeting on March 5, 2007 with payment in full. Your compliance with this timetable will result in the Town of Vail not enforcing its right to collect sales tax for periods prior to Novernber 2006. The Vail Town Code is available on www.vailsov.com. Please contact me with any questions you have. Sincerelv. Sally Lorton Sales Tax Administrator 970-479-2125 slorton@vailgov.com From: To: Warren Campbell Building_Division; Chris Gunion; Fire_lnspectors; George Ruther; Mike Vaughan; Pam Brandmeyer; Susie HuxfordDate: O2lOgl2OOT 11:33:57 AM Subject:Re: More Ski independence concerns.. Since it is a point of distinction Section 12-2, Definitions, of the Code defines a Bed and Breakfast as: A business which accommodates guests in a dwelling unit in which the bed and breakfast proprietor lives on the premises and is in residence during the bed and breakfast use. >>> Chris Gunion 02108/2007 3:10 PM >>> I think maybe we should discuss al DRT next week. MOy single family/duplex homes in Vail are renled on a nightly or weekly basis. There are many property management companies and vacation rental website that offer these renlals. The way I read the IRC and lBC, if there is accommodation for 5 or fewer guests, the occupancy classification is still R-3 (single family dwelling). The same goes for child day care with 5 or fewer kids in a single family house. lf the rental provides accommodation for more than 5 people, the occupancy classification would have to change to R-1 (hotel) and fire alarm and fire sprinkler system would be required. The other issue to clarify is when planning/zoning issues are created by nightly rentals. My understanding a conditional use permit is required for bed and breakfast, but not nightly rentrals. Chris Gunion l.C.C. Plans Examiner Town of Vail Building Safety and Inspection Services 970.479.2369 cqunion@vailoov.com >>> Mike Vaughan O2lO8lO7 12:28 PM >>> Greetings. lf you go to the website address for this company,(J.R. just sent it out) find the property listed as the Ptarmigan Chalet. In the first paragraph you will read how the company states the property was "extensively renovated' in 2005. I have not been able to find any permit information attached to this address. As I have stated, the fire alarm system is non compliant in that it does not meet VFES minimum standards. Th€ system that was put in, was installed without virtue of a permit application or plan subm ittal. Again, I would like to know what occupancy classification is from a building and planning viewpoint. Please advise. I will be contacting the property manager regarding the alarm system today. Thanks, Mike. Mike Vaughan LieutenanVFire Prevention Officer Vail Fire & Emergency Services s70-479-2252 -frt(l fu,/ud s;// &tu- V,lilrqtud ,4uaWU //ilu0j,/1tu/)Jk4* Welcome to Crystal Ski Holidays - USA, Vail, Cheyenne Page I of2 & fr)o - "1-{ g.-g) person book online and Save up to €75 per resort find€r destinations our chalets famllles and kids insurance special offrers CheyGnne Resort Guide Ski Area Accommodation ' Gheyenne ' Columbine. East Vail Condos. Evergreen Lodge ' Holiday Inn. Apex at Vail ' Lionshead Inn ' Sonnenalp Hotel ' The Lodoe at Vail. Vail Cascade Resort & Soa ' Vail Maniott Resort and Soa ttG(t"((, ffism ' Aftractive and spacious chalet . Excellent, peaceful location . American br€aKast. Aftemoon tea . 3-course evening meals with wine and coffee included . Weekly speciality meal . Well fumlshed bedrooms . Beautiful, south-facing sundeck with panoramic views . Outdoor hot tub . Services of Crystal chalet host . Family reductions available Situated in a residental area of East Vail, this outstanding chalet is in a quiet location yet only 2 minutes walk to the free ski shuttle bus. Chalet Gheyenne - sleeps 10'13 (room numbers shown in brackets): Ground fioor: Two twin bedrooms (1 & 2); separate shower and WC. Sauna. First floor: Enbance to bright and spacious loungey'dining area with large TV, stereo, wood-buming fireplace and sundeck with panoramic views. Two bedrooms with king beds, (3 & 4). Separate bathroom with bath, shower and WC. Second floor: Spacious double bedroom (5) with TV, double jacuzzi bath, shower, WC, and balcony. (Room 5 can take an extra bed). There are 3 additional twin beds in gallery area (6). (Only available lf group takes wtrole chalet and €50 per person reduction for this room or child prices apply as if sharing a rcoml. monoy €avers FREE drinks: FREE wine or soff drinks and coffee included http://www.crystalski.co.uk/destinationVusa/vaiV0 I 58 I 6/0 I 58 1 6.htnl > USA > Vail > Gheyenne Cheyenne I catered chalet I Search Availa "1. Sel€ct Dates (' Departure (May-oct 27 ,- i.x Feb #t,2OOi n Flexible departure d Number of NQhts: '2. Select Number of Tr Adults Children2,ril 0 :'. 12&up 2-11 Age (on '3. Select Destination Country/SkiArea USA Accommodation Cheyenne *4. Select Departure Po lf ftere is no transportat from your chosen depar wlll automatically b transportation from t available departu! Select... 5. S€lect Price Range (r Any ., Vail Snow Re Date Last Snow: 24102:/2 Lower Slopes:110 cm Upper Slopes:140 cm Vail Weather Fr 25-Feb-2OO? Cloudy today, snow posl Curent Tempi2 C t7 Snow ReDorts I'< provided by the Ski l: Club of Great Britain ll Resort Vail 02/26t2007 Welcome to Crystal Ski Holidays - USA, Vail, Columbine book online and Save up to t75 per person destinations our chalets famllles and kids lnsurance special offers Page 1 of2 home resort finder Columbine Resort Guide Ski Area Accommodation . Chevenne ' Columblne ' East Vail Condos . Evergreen Lodqe ' Holidav Inn. Aoex at Vail. Lionshead lnn ' Sonnenalo Hotel ' The Lodge at Vail. Vail Cascade Resort & Soa. Vail Maniott Resort and Soa > USA > VajI > Golumblne Columbine t(d( <Prev Photos Next> ffiffi ' Superb location by Vail golf course . Ski and town shuttle stop 300m . Outdoor hot tub and sun tenace . Larg€ open plan lounge/dining room with wood fireplace, large screen TV and VCR ' All b€drooms with TV . American breakfast . Aftemoon tea . $course evening meals with wine and coffee included . W€ekly speciality meal ' S€rvices of Crystal chalet host . Family reductions available Just five minutes' ride by free shuttle trom Vail Village, Chalet Columbine enjoys a prime location beside fre exclusive Vail golf course. In the interest of guest's comfort, smoking is not permitted within this chalet. Chalet Golumbine - sleeps l0-11 (room numbers in brackets) Ground floor: Double bedroom with king bed with adjacent bath and WC for sole use (1). Twin bedroom \ rith en suite bath and WC (2). Double bedroom with en suite bath and WC plus single futon (3). First floor: Large and spacious open plan kitchen, lounge/dining room with TVIr'CR and music centre, fireplace and sun terrace. Spacious master bedroom with king bed, fireplace, balcony and private bathroom with bath/shower, WC and fireplace (4). (Room 4 can take an extra bed.) Small cosy double bedroom (5) (e10 per penson per week reductions for this room). Shared shower and WC. money savers FREE drinks: FREE wine or soft drinks and coffee inluded with evening meals. http:l/wrrw.crystalski.co.uk/destinationVusa/vaiV0l 58121015 8 I 2.hhnl fi3rffi $earch Availa *1. Select Dates (' DeParture (Nlay-oct 27 #* Feb #: zooi I Flexible departure d' Number of Nights: .2. Select Number of Tr Adulb Children2::ii[r 0..€ 12&up 2-1'l Age (on '3. Select Destination Vail Accommodation Columbine *4. Select Doparture Po lf there is no transportal fom your chosen depar will automatically b transportation from I available departu Select... 5. Select Price Range (l Any -: Vail Snow R€ Date Last Snow:24t0212 Lower Slopes:110 cm Upper Slopes:140 cm Vail liVeather Fr 25.Feb-2007 Cloudy today, snow pos! Cunent Tempi2 C It Snow Reoorts l'a provided by the Ski l(= Club of Great Britain L-- 02/26t2007 Page I of I Susie Huxford - Crystal Holidays From: Susie Huxford To: Bill Carlson; Bill Gibson; Fire-Inspectors; Greg Denckla; Lorelei Donaldson; Sally LortonDate: 0212il2007 2:19 PM Subiect CrystalHolidays CC: George Ruther; Warren Campbell Hello again, At DRT last Wednesday we decided as a group to respond to the "Chalets" on a case by case basis. Since then, Crptal Holidays has been brought to our attention. After extensive searching for addresses of Cheyenne Chalet and Columbine Chalet, I have finally found them. They are as follows: Columbine Chalet 2840 Aspen Ct Contact: Debra 476-3906 Cheyenne Chdeil Main Gore Pl Unit Ml (unknown numerics) Coltact: F,nzier 4764219 &479-9L6t I -.n:r i . t, j 'ltliih-o <The contact people arent always on site. I have scheduled a meEti"ng'at g$din{ ror erjlu-ntine and 9:30 for Cheyenne tomorrow on site to observe how they are operating. (Sorry for the late notice, if anyone is able to join me, great!) I could use your help since you are the experts on the code as it relates to your department. This is the time that Property Manager, Liz campbell (970-389-2468) offered and I grabbed it. I am leaving Com Dev in the Prius at 8:45 if you would like to "road trip" with me or meet me there. If not, I will do my best at DRT to explain my observations. Thank in advance, Susie Huxford, Code Enforcement Officer Deparfnent of Community Development Town of Vail shuxford@vailoov.com (970Y77-34r7 (office) (970)390-s41s (cell) file://C:\Documents and Settings\Administrator\Local Settings\Temp\Gw)00001.HTM 02/27/2007 Page I ofl Susie Huxford - Ski Independence From: Susie Huxford To: Bill Carlson; Bill Gibson; Fire_Inspectors; George Ruther; Greg Denckla; Lorelei Donaldson; Sally LortonDate: 042612007 9:22 AM SubjecE Ski Independence Hello weryong Just a quick note to inform you that I spoke with John Benneft this morning. I confirmed our meeting for March 5, 2007(next Monday) at 0900 hrs in the Large Conference Room. He is quite concerned that he is being singled out. He asked if we have contacted Chrystal Holidays regarding the same issue. Please bring your issues to this meeting and hopefully we can get this reconciled. If we dont see you there, we can assume you have taken care of your issues directly with John Bennett. Thanks in advance, Susie Huxford, Code Enforcernent fficer Department of Community Development Town of Vail shuxford@vailgov.com (97 O)477 -34L7 (otfrcs) (970)3s0-5415 (cell) fi1e:i/C:\Documents and Seftings\Administrator\Local Settings\Ternp\Gw)00001.HTM 02127/2007 Printable Details AccountNumber: R009708 Parcel Number: 210103404003 TaxArea: SC103 Mill [.eW: 49.6250 Owner Name/Address: ASPEN COURT LLC PO BOX 2581 vAtL, co 81658 logal Description: SUB:VAIL VILLAGE FILING 11 BLKi LOT:16 DESC: UNIT A MUELLER-WYMAN DUPLEX R896989 QCD 10-.til4 Physlcal Address: 002840 ASPEN CTVAILAREA Acres: 0.21 Page I of2 Property Tax Valuation Information Actual Valu€Assessed Valus Value Land 202500 16120 lmprovements 512110 40760 Total 714610 56880 Sale History Recoption Number: 896991 Book: n/a Page: n/a Sale Date: 11AnO04 Sale Price: 734000.00 Deed Type: WARRANW DEED Grantor ARNOLD, LYNN - O CONNELL, PATRICK Remarks: nia lmprovemeni Information ResidentialBuildings: 1 Commercial Buildings: 0 Heated Areas MAIN FLOOR AREA 876.000 FIN UPPER STORY 1218.000 Total All Areas BALCONY 2094 132.000 FIN OPEN PORCH 96.000 MAIN FLOOR AREA 876.000 FIN UPPER STORY 1218.000 GARAGE ATTACHED FINISHED 359.OOO BALCONY 101.000 Building Characteristics (First lmprovment In Account) ABSTRACT-CODE SINGLE FAM.RES.IMPROVEMTS http ://fcs. eaglecormty.us/patie/printable_details. cfrn 02/27t2007 \'-.*< FBs-r^:-ats.6c'_F <(s e\. Ts\ L<\r-Rv+ ='> (t> \ --\ E \B Printable Details ACT-YEAR-BLT AIRCOND ARCH-STYLE BASEMENTFINISH BATHS BEDROOMS BUILDING-TYPE CONST-QUAL DEP11 EXTERIOR-WALL FIXTURES FLOOR FRAME GARAGE HEATING-FUEL HEATING-TYPE INTERIOR-WALL LOCAL-CODE NEIGHBORHOOD ROOF-COVER ROOF_STRUCTURE ROOMS STORIES SUPER-NBHD UNITS USE CODE Page2 of2 1978 NONE 2 STORY NO BASEMENT 3.00 4.00 DUP-TRIPLEX AVERAGE YEAR - 1985 FR STUCCO 12 CARPET INV WOOD FRAME GAMGE 351-5OO ELECTRIC HTWTR B/B DRYWALL DUP/TRIPLEX VAIL VILLAGE FILE 11 BUILT-UP GABLE/HIP 7 sToRrEs 2.0 EAST VAIL / BOOTH FALLS 1 RESIDENTIAL Tax Hlstory TaxYear Transaction Type Amounl 2006 Tax Amount 2822.@ 2006 Tax Payment: First Half -141'1.34 2005 TaxAmount 2391.66 2005 Tax Payment: First Half -1195.83 2005 Tax Payment: Second Half -1195.83 2004 TaxAmount 2018.04 2004 Tax Payment: Whole -2018.04 2003 TaxAmount 1969.28 2003 Tax Payment Whole -1969.28 2OO2 Tax Amount 271'1.28 2002 Tax Payment Whole -2711.28 http :i/fcs. eaglecounty.us/patie/printable_details. cfm 02t27t2007 Page 1 of6 Susie Huxford - RE: Response to your email dated Sllil0Tt$cannedl Frpm: Susie Huxford To: john@skFi.com Subiect: RE: Response to your email dated 3/f5/07[Scanned] Dear John, In response to the first part of question number 1, I answered the bed and breakhst issue in my last email in direct quotation from the Vail Town Code. For the second part of question number 1, I asked you to provide locations of the "agents" you were refening to and you stated in your email datd 3/28107,'There is only one location and that is my house at 3100 Booth Falls Court'. You see, every situation is different and there are ssyeral issues that we e>€mine when coming to a decision. It is impossible to lump them into one category without visiting each site individually and making a ruling. You can short term rent for 30 days or less only 2 units (or bedrooms) and be exempt of a business license. Unless you are seling alcohol and advertising (making it public, for o<ample, via the web, television, paper, etc) at which time a liquor license would be required. If you would like to shoft term for 30 days or less, 3 unib (or bedrooms) or a maximum square footage of nine hundred (900) square feet of the dwelling unit, you may apply for a bed and breaKast condltional use permit. Again if you serve alcohol and advertise (making it public, for o<ample, via the web, television, paper, etc) you would need a liquor license. You cannot shoft term rent 4 or more units in this zone with out being considercd a hotel. A hotel is not allowed in this zone. Regarding questions 2 and 3, if you use the house personally and NOT AS A BUSINESS, you can do what everpu like in the house as long as it is legal that is!! A business is defined as per the Vail Town Code 4-1-2: BUSINESS: Any business, profession, occupation, or activity engaged in by a person for profi!, gain, benefrt, or advantage whlch is conducted on premises within the Town. I hope this answers your questions, Thank-you, Susie >>> <john@ski-i.com> 0312912007 4:09 AM >>> Susie, Thanks for your email. I've just come to tle office for a few hours before we leave. I'm aware that I can't operate as a bed and breakfast as I have more than tluee bedrooms and that ifl have more than three bedrooms I need a hotel licence but Booth Falls is not zoned for that kind of operation. That said, the requirements for fire, environmental health, licensing etc are too big a hill forus to climb even if we did manage to get a change in the town statute. Though perhaps you and your colleagues have a thought on how we might overcome these requirements. If so, I'd appreciate any help you can give. But I need to know the limit ofwhat I can and cannot do and would appreciate if you or somebody else could answer my about:blank 04/13t2007 Page 2 of6 questions. To save you looking them up I've repeated thern below. L Why do we fall into the hoteUB&B category? I went into a few agents in the town and they have many 4/5/6 bedroom properties to let. Why do they not need a hotel or B& B licence? Is it just the food/drinks service issue? i.e ca.n I let the house to visitom? 2. If I use the house personally and bring someone to help cook and clean is this an issue? 3. If I let friends use the house and they bring a cook/cleaner is this an issue I do accept that you have allowed us to operate tlxough to 22nd April and have no issue with this. Our operations cease a week before your deadline. But I will say that our compafly attitude is that if we can't operate then nobody else should be abl€ to operate chalets in Vail and we will complain to the highest authorities if we find that our competitors are not being similarly dealt with. Regards, John Berureft Ski IndependencelOspre-v Holidays From : Susie H uxford [ma ilto: SH uxford@vailgov.com] Sent: 29 March 2007 01:20 To: jbennett@mobileernail.vodafone.neq John Bennett Subject Response to your email dated 3/15/07[Scanned] John, Thank you for your patience and meeting with us on March 5, 2007. I hope this helps. I have enclosed the following regulations pertalning to your situation. If you would like to research this yourself, the Vail Town Code can be located at htF : //www.sterlingcodifi ers.com/CO/Vail/ 3100 Booth Falls Court is considered to be located within a Two Family Residential Zone District per the Vail Town Code. Only certain businesses are allo^,ed within this zone district and only with a special permit (CondiUonal Use Permit). This is how the "Bed and BreaKast" topic came about, The way you are operating currently is not allowed in this zone. We were trying to see if we could fit you into the "Bed and Breakfast" definiUon but due to the size of the operation, this cannot be allowed. We have agreed to allow your operation located at 3100 Booth Falls Couft until April22, 2007 with the remittance of the Town of Vail Sales Tax. After April 22, 2007, all operations shall cease, This is why we suggested the second alternatlve "Proposing an Amendment to the Vail Town Code". This process is outlined in tuion 12-3-7 Vail Town Cde. (also inclusive) 12-2-2: DEFINITIONS OF WORDS AND TERMS: BED AND BREAKFAST: A business which accommodates guests in a dwelling unit in which the bed and breakfast proprietor lives on the premises and is in resldence during the bed and breaKast use. 12-14-18: BED AND BREAKFAST OPEMTIONS: about;blank 04/1312007 Page 3 of6 A.Definition: See section 12-2-2 of this title for definition of "bed and breaKast". B.Location And Criteria: Bed and breakfast operations may be allowed as a conditional use in those zone districts as specified in this title. If permitted as a conditional use pursuant tolbAptell_6_ of this title, bed and breaKast operations shall be subject to the following requirements: 1. Off street designated parking shall be required as follows: one space for the owner/proprietor plus one space for the first bedroom rented plus one-half (1/2) space for each additional bedroom rented. 2. Enclosed trash facilities and regular garbage removal seruice shall be provided. 3. Removal of landscaping for the provision of addltional parking is strongly discouraged. 4. Each bed and breaKast shall be allowed one residential "nameplate" sign as defined and regulated by the town sign code 5. 5' If a bed and breaKast operation shall use property or facilities owned in common or jointly with other property owners such as parking spaces or a driveway in duplex suMivision, by way of example, and not limitation, the written approval of the other property owner, owners, or applicable owners' association shall be required to be submitted with the application for a onditional use permit. 5, A bed and breakfast operation may short term rent separately up to three (3) bedrooms or a maximum square footage of nine hundred (900) square feet of the dwelling unit, Bed and breakfast operations shall only be permitted to accommodate a "family" as defined in section 12-2-2 of this title. C.Compliance: It shall be unlawful for a bed and breakfast operation to do business without a conditional use permit from the planning and envlronmental commisslon after lune !2, L990, or to operate in violation of any of the provisions of thls code. D.Discontinuance: Any bed and breaKast operation which is discontinued for a period of twelve (12) months, regardless of any intent to resume operation of use, shall not be resumed thereafter, and any future use of the site or structures thereon shall conform to the provisions of this title. E.Review Of Decision: The town council, the applicant, adjacent property owner or the town manager, may appea/call up to the town council for review any decision made by the planning and environmental commission regarding a conditional use permit for bed and breakfast as per section 12-3-3 of this title, (ord. 29(2005) 5 33: Ord.31(2001) $ 4: 1997 Code: Ord.7(1996) g 8: ord.31(1989) 55 15-119) 12-3-7: AMENDMENT: A.Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B.Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petiUon for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the aboulblank 04/13t2007 Page 4 of6 o(isting and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the ownens of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thercto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each ourner to be used for the mailing of the nouce of hearing. The petition also shall include such additional information as prescribed by the administrator. C.Criteria And Findings: 1. Zone District Boundary Amendment: a, Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: (1) The o<tent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible wlth the development objectives of the town; and (2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potenUal sunounding land uses as set out in the town's adopted planning documents; and (3) The extent to which the zone district amendment presenb a harmonious, @nvenient, workable relationship among land uses consistent with municipal development objectives; and (4) The extent to which the zone district amendment provide for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited tq water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district and (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and (8) Such other factors and criteria as the commission and/or muncil deem applicable to the proposed rezoning. b. Necessary Findings: Before recommending and/or granting an approval of an applicaUon for a zone district boundary amendment, the planning and environmental commission and the town council shall make the following findings wlth respect to the requested amendment: (1) That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the dwelopment objectives of the town; and (2) That the amendment is compatible with and sultable to adJacent uses and appropriate for the surrounding areas; and (3) That the arnendment promotes the heahfi, sfety, morals, and general welfare of the town and promotes the coordinated and harmonious development ofthe town in a manner that conserves and enhances its natural about:blank 04/13/2007 Page 5 of6 environment and its established character as a resort and residential community of the highest quality. 2, Prescribed Regulations Amendment: a, Factors, Enumeratedt Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: (1) The extent to which the te)d amendment furthers the general and specific purposes of the zoning regulations; and (2) The extent to which the text amendment would better implement and better achieve the applicable elemenb of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the dwelopment objectives of the town; and (3) The extent to which the telt amendment dernonstrates how condiUons have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and (4) The extent to which the teK amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and (5) Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed teld amendment. b. Necessary Findings: Before recommending and/or granting an approval of an application for a tod amendment the planning and environmental commission and the town councll shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the dwelopment objectives of the town; and (2) That the amendment futthers the general and specific purposes of the zoning regulations; and (3) That the amendment promotes the health, safety, morals, and general welf;are of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resoft and residenUal community of the highest quality. D.Fee: The town council shall set a fee schedule for petitions for amendment of the regulations of this title or a change in zone disBict boundaries, sufficient to cover the cost of town staff time and other expenses incidental to the review of the petition. E.Hearing: Upon filing of a petiUon for amendment or upon iniUation of an amendment by the town council, planning and environmental commission, or administrator, the administrator shall set a date for hearing in accordance with the provisions of subsections 12-3-68 and C of this chapter. F.Planning And Environmental Commission Recommendation: Within twenty (20) days of the closing of a public hearing on a proposed amendment, the planning and environmental commission shall act on the petiuon or proposal. The commission may recommend apprwal of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmit its recommendation, together with a report on the publrc hearing and its deliberations and findings, to the town council. about:blank 04/13/2007 Page 6 of6 G'Hearing By Town Council: Upon receipt of the report and recommendation of the planning and environmental commission, the town council shall set a date for hearing in accordance with subsection 12-3-68 of this chapter. H.Adion By Town Councll: Within twenty (20) days of the closing of a public hearing on a proposed amendment the town council shall act on the petltion or proposal. The town council shall consider but shall not be bound by the recommendation of the planning and envircnmental commission. The town council may cause an ordinance to be introduced to amend the regulations of this Utle or to change zone distrG boundaries, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the council may deny the petitlon. If the council elecls to proceed with an ordinance amending the regulations or changing zone disblct boundaries, or both, the ordinance shall be considered as prescribed by the charter of the town. (Ord. 29(200s) g 19: Ord.4(2002) g 1: Ord. 49(1979) gg 2, 3: ord, 50(1978) g 17: Ord. 16(197S) s 8: Ord.8(1978) 5 21.500: ord.8(1973) gg 21.501, 2L.504,21.506) Thank-you for your cooperation in this matter, Sincerely, Susie Huxford, Code Enforcement Officer Departnent of Communlty Development Town of Vail shuxford@vailgov.com (970)477-34L7 (otrice) (970)390-sa15 (cell) aboutblank 04n3/2007 6 CCR 1010-2 http://www.cdphe.state.co.us/op/reqs/consumer/1 01 01 9.pdf Adopted by the State Board of Health May 19, 2004, Effeclive August 1,2004 Amends and Supersedes the Colorado Retail Food Establishment Rules and Regulations effective January 1, 1999 Colordo Dcoamncnt ofPuHicHcdd and Envimnmeot Sections 254-1604, 25-1-108(lXcXl), Authority 25 -5 420, 25-i .5-',0 411 )(g) a nd Golorado Revised StatutE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT CONSUMER PROTECTION DIVISION 43OO CHERRY CREEK DRIVE SOUTH DENVER, CO 80246-1530 www.cd phe. state.co.us This Title Page does not constitute an official paft of any regulation. lnformation contained on the title page is provided by the Consumer Protection Division from sources deemed reliable and is solely for informational and historical purposes. This copy of lhen regulations is provided for the convenience of the user. Official copies of Slale of Colorado regulations are published by the Secretary of Sfaleb office through affangement with private publishing firms(s). To obtain officia! copies of state regulations, please contact Weil Publishing at 80G877-9345. TABLE OF CONTENTS CEAPTER 1 CHAPTER2 2-2 EMPLOYEE HEALTH 10 2-201 * Restrictions Regarding Ill Or Otherwise Infected Employees................10 2-202* Reporting ........................10 2-203 * Exclusions,..... .................10 2-2M * Removal of Exclusions. ..........................10 2-205 * Reskictions ..,..................10 2-206 Discharges from the Eyes, Nose and Mouth*.... .............10 2-3 AUTHORIZED PERSOIUYEL 2.4 PERSONAL CLEANLINESS Colorado Retall Food Estiablishment Rules And Regulations 6 CCR 1010-2 l0 l0 -t- 2-5 HYGIEMCPRACTICES CIIAPTER 3.1 CHARACTERISTICS 3-101 * Genera1........... .....'.'.........14 3-lOZ Fish and Shellfish......... ..-........'....-.--.-.....14 3-2 SOTIRCTS AND SPECrFrCATrONS............... ..............................15 3-201 * Hermetically Sealed Food... .................... 15 3-202* DryMilkandDryMilkProducts. ............15 3-203 * Reconstitution of Dry Milk, Dry Milk Froducts & Non-Dairy Products 15 3-204 * Fluid Milh Fluid Milk hoducts, and Frozen Dessert Mix...'...........'..'..15 3-205 {' WildMushrooms.................. ...'..............15 3-206* GameAnimalsandExoticSpecies........... ....'...'............'15 3-Z0j * Eggs............... .................16 3-208 lce................... ................. 16 3-209 * Ice Used as Exterior Coolant, Prohibited as Ingredient..............-----'-----.16 3-210 Storage or Display of Food in Contact With Water or Ice..,...'....'..'.......16 3-2ll* Juioe............... '.".............16 3-301 * Preventing Contamination from Hands..... .......'..............16 3-302 Genera1........... .................17 3-303 * Cross-Contamination Control .................17 3-304 + Pasteurized Eggs, Substitute for Shell Eggs for Certain Recipes ...........17 3-305 * Washing Fruits and VegetableyAdditives............................................'.17 3-306 tn-UseUtensils,BetweenUseStorage........... ................18 3-307 Wiping Cloths'............ .............................18 3-308 Re-Use of Tableware. ......,....'.................18 3-309 Refilling Returnables.... ...........'.'...'........19 3-310 Food Storage.. ....'.........'..19 3-31I Food Storage, hohibited Areas.................... ..................19 3-312 Food Display.. ..,.............. 19 Colorado ReEil Food Esbblishment Rules And Regulations 6 ccR 101G2 - ii - t2 14 t4 3-313 Condiments, hotection....... ....................20 3-314 * Consumer Self-Service Operations...... ...........................20 3-315 * Reservice....... .....-............20 H DESTRUCTION OF ORGANISMS OF PI]BLIC IIEALTH CONCERN.........2O 3401 * Temperature... .................20 3402 + Cooking Potentially Hazardous Foods........... .................20 3-403 * Reheating....... .................21 3.5 LIMITATION OF GROWTII OF ORGANISMS OF PIJBLIC IMALTII CONCERN 3-6 ON-PREMISES LABELIN 2l 3{01 CHAPTER4 24 25 WAREWASIIING, EQUPMENT, UTENSILS, AI{D LII\IENS.................................25 +I MATERIALS FOR CONSTRUCTION AND REPAIR +2 DESIGN AND CONSTRUCTION 2< 4-201 Food Contact Surfaces......... ...................25 4-202 Use Limitations...................... .................25 4-203 Nonfood-Contact Surfaces.... ..................27 4-204 Clean In Place (CIP) Equipment...... ...............................27 4-205 'V" Threads, Use Limitation ..................27 4-206 Hot4il Filtering Equipment............... ............................28 4-207 Bearings and Gear Boxes, Leakproof ... ..........................28 4-208 Beverage Tubing, Separation...... ............28 4-209 lce Units, Separation of Drains........ ...............................28 Colorado Retail Food Eslablishment Rules And Regulations 6 ccR 1o1o-2 - iii - 4-210 Condenser Unit, Separation.. ..................28 4-2ll * Molluscan Shellfish Tanks .......................28 +212 Ventilation and Ventilation Hood Svstems ......................28 4-3 LOCATION AND INSTALLATION 4-301 4-302 Equipment, and Storage Cabinets, Contamination hevention............-.-29 Fixed Equipment, Spacing or Sea1ing........... ...................29 +4 TESTING I}EVICTS. CLEANING FACILIIIES ........................32 29 5-101 * 5-102 + 5-103 ,* 5-104 {' 5-105 * 5-106 * 5-107 * Colorado Rotail Food Establlshment Rules And Regulations 6 CCR 1010-2 Thermometers ..................32 Sanitizing Solutions, Testing Devices ........,....................32 Equipment andUtensil Cleaning and Sanitization ..........32 Food Establishments rvVithout Cleaning Facilities..................................37 Food-Contact Srnfaces of Equipment and Utensils................. ...............37 Cleaning Frequency for Continous Use Equipment ...................-...........37 Nonfood-Contact Surfaces........ ..............38 Dry Equipment Cleaning Methods................... ...............38 4401 4402 4403 4404 4405 4406 4407 +5 LATJNDRY T'ACILITIES ..--. lfl 4-501 Laundry Facilities................... .................38 4-6 EQITTPMENT AND UTENSIL HANDLTNG AI\D STORAGE..........................3t 4-601 4402 4-603 CHAPTER5 5-I WATERST]PPLY -tv- 5-2 PLIJMBING SYSTEM S3 REFUSE, RECYCLABLES, AIID REIIJRNABLES 4l 5-301 5-302 5-303 5-304 CIIAPTER 6 6-t0l 6-102 6-103 6-104 6-105 6-106 47 G2 WALLSANDCEILIN 6-201 Consfruction.. ..................48 6-202 Attachments, Exposed Consfruction.., ............................48 Colorado Retail Food Establishment Rules And Regulalions 6 GCR 1010-2 -v- 48 6.4 OPERATION AND MAINTENATICE G3 LIGHTING 6-301 6-302 6401 6402 49 Cleaning Physical Facilities........ ............49 Cleaning Equipment Storage. .................49 6-501 6-502 CHAPTERT POTSONOUS OR TOXrC MATERrALS,.......... ...........50 7.I LABELING AND IDENTIFICATION............ ........50 CIIAPITR8 rNsEcT, RODENT AND AI\IMAL CONTROL .........52 8-T PREVENTION 8-101 Outer Openmgs, Protected.... ........-...-.....52 8-102 * ConnollingPests................... ..................52 8-103 Insect Contol Devices, Design and Installation .............52 8-104 * Pesticide Application.... ..........................53 Colorado Retail Food EElablishment Rules And Rsgulations 6ccR 1o1o-2 - vi - 52 8-105 * Removing Birds, Insects, Rodents, and Other Pests-......'..'............'.'.....53 8-106 * Prohibiting of Animals...... ......'.............".53 CIIAPTER9 MOBILE RETAIL T'OOD ESTABLISHMENTS OR PUSHCARTS .....................,..54 9-1 MOBILE RET{L FOOD ESTABLISEMENT CEAPTER 1I-1 COMPLIANCE g Colorado Retail Food Establishmenl Rules And Regulations 6 CCR 101G2 -v[- 59 11.3 EMBARGO AND COIIDEMNATION OFFOOD II4 REVIEWOFPLANS I1401 Submission of P1ans.......... .......................65 11402 Contents of Plans and Specifications................ ..............65 11403 Pre0perational Inspection. ....................65 11-5 PROCEDI]RE WIIEN INT'ECTION IS SUSPECTEI) rI-6 VARIANCE PROCEDT'RE 11-601 Variance Procedure................ .................66 tt-7 REFERENCE CITATIONS. ..........................67 ll-701 Genera1........... .................67 ll-702 Safe Materials ..................67 l1-703 Food hotection Ac1................. ...............67 ll-704 Milk Standards ................67 Colorado Retail Food Establishment Rules And Regulations 6 ccR 1oiG2 - viii - 64 65 ffi I l-705 Ventilation Requirernents .......................67 I l-706 Code of Federal Regulations.. .................67 11-707 Plumbing Requirements....... ...................68 I l-708 Administrative Statutes.......... .................68 ll-709 American National Standards Institute (ANSD ..............68 APPENDICES Appendix A - Potentially Hazardou.s Foods... ..............A 1-2 Appendix B - Safe Materials Colorado Pure Food and Dntg Law...-............................ B I AppendixC-PlanReview .................C 1-13 Appendix D - lTorksheetfor Calculating Minimum Hot Water Requirements. .......,.D I-4 Appendix E - SpeciJic Usage Additives .......... .............E 1-4 Appendix F - Lubricants........ ..............F 1-4 AppmdixG-Sanitizers. .........................G/ Appendix H - HACCP Guidelines .....H I -30 Appendix I - Retail Food Sanitation Act (Bulk Food Law) ..........................................1 1-4 Appendix J - Equipment Investigation Report..... .........J 1-3 Cobrado Retail Food Eslablishmeni Rul€s And Regulalions 6 CCR 101G2 -x- CHAPTER T PURPOSE AND DEFINITIONS f-201 Purpose The following rules and regulations shall be applied for the protection of public health. l-202 Delinitions The following terms are defined for the purposes of the rules and regulations. (l) ('Asterisk"(*) means any section denoted with an * indicates it is a critical item. (2) "Adulterated' means as stated in the Colorado Pure Food and Drug Act, section 25-5'4, c.R.s. (3) *A,pproved' means acceptable to the Department, or its authorized agants, and employees based on determination of conformance with applicable, documented standards and good public health practices. (4) *Bulk tr'oods'means foods as defined in section 254-1302, C.R.S. (5) *Clean In Place (CIP)" means cleaned in place by the circulation or flowing by mechanical means tbrough a prytng system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine. CIP does not include the cleaning of equipment such as band saws, slicers or mixers that are subjected to in-place manual cleaning without the use of a CIP system. (6) *Cornmercial Design" means all equipment meeting recognized commercial sanitation criteria by organizations, such as the National Sanitation Foundation (NSF), Underwriters Laboratories ([IL) sanitation standards, Environmental Testing Laboratories, Inc. (ETL) sanitation standards, Baking Industry Sanitation Standards Committee (BISSC), or other comparable design criteria as approved by the Departnrent during a standardized equipment review. (7) aComminuted'means reduced in size by methods including chopping, flaking, grinding, or mincing. This includes fish or meat products that are reduced in size and restruchred or reformulated such as gefilte fish, formed roast beef, gyros, ground beef and sausage; and a mixture of two or more types of meat which have been reduced in size and combined, such as sausages made from two or more meats. (8) *Commissary" means an approved catering establishment, restaurant, or other approved place in which food, containers, or supplies are kept, handled, prepared, packaged or stored. (9) *Contamination' means to make unfit for use by the innoduction or potential infioduction of unwholesome or undesirable elements. (10) *Corrosion-Resistant Materials'o means those materials which maintain their original surface characteristics rmder prolonged contact with food, the normal use of cleaning compounds and bactericidal solutions, and other conditions ofuse. (ll) 'Critical Control Point" means any point in a food preparation process at which loss of conkol might result in an rmacceptable consumer health risk Colorado Retail Food Establishment Rules And Regulations 6CCR 1010-2 _1_ (12) "Critical Item" means a provision of these rules and regulations that, if in noncompliance, is more likely than other violations to contribute to food contamination, illness, or environmental degradation. These are items denoted in these rules and regulations with an asterisk *. (13) "Department" means Colorado Departmant of Public Health and Environment, or its authorized agents, and employees. (14) "Dry Storage Area'means a room or area used for the storage ofnon potentially hazardous packaged or containerized food and dry goods such as single-service items. (15) "Easily Cleanablet' means surfaces are readily accessible and fabricated of such materials and finishes that residue can be effectively rernoved by normal cleaning methods. (16) "Employee" means any person working in a food establishment who transports food or food containers, who engages in food preparation or service, or who comes in contact with any food, utensils or equipment. (17) sEquipment" means an article used in the operation of a food establishment, such as, but not limited to a freezer, grinder, hood, ice maker, meat bloch mixer, oven, reach-in refrigerator, range, scale, sink, slicer, stove, table, thermometer, or warewashing machine. Equipment does not include items used for handling or storing large quantities of packaged foods received from a supplier in a cased or overnrappod lot, such as hand tucks, forklifts, dollies, pallets, racks, and skids, (18) (Extensively Remodeted'means any major alteration of an existing configuration in a food establishment which might affect the food operation tlat results in one or more of the following conditions: A. Seating capacit5r, including service provided anywhere on the premises, is increased by 20 percent or more in either a single constuction project or an incremental series of construction activities; B. Alterations or revisions involving retail food establishments or related equipment that require a building or constuction permit by local building authorities. Routine maintenance, repairs or cosrnetic changes shall not be defined as extensive remodeling; C. Changes or alterations made in the nonpublic ar€as that result in a reduction or increase oftotal space by 25 percent or more; or D. The facility's capabilities to handle food and utensils in a sanitary manner have been diminished, creating potantially hazardous conditions. (19) 66tr'ish" means fresh or saltwater finfish, crustaceans, and other forms of aquatic animal life (including, but not limited to alligator, frog, aquatic turtle, jellyhsh, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, and includes any edible human food product derived in whole or in part from fish, includrrg fish that has been processed in any manner. (20) *Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption. (21) "Foodborne Disease Outbreak" means: A. An incident, except as specified in subparagraph (b) ofthis definition, in which: 1. Two or more otherwise unrelated persons experience a similar illness after ingestion of a common food; and Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 _2 _ 2. Epidemiological analysis implicates the food as the source of the illness. B. Includes a single case of illness, such as one person ill from botulism or chemical poisoning. (22) *Food-Contact Surfaces" means those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces from which food may drain, drip, or splash back onto surfaces in contact with food. This excludes ventilation hoods. (23) *Food Processing Establishment" means an establishment in which food is processed, prepared, packaged, and disfibuted for human consumption and ap'proved by the Deparhnent. This term does not include a retail food establishment, or commissary operation. Q4) "Game Animal" means an animal, the products of which are food, that is not classified as domestic cattle, sheep, swine, goat, or poultry, or fish, t'Game Animal' includes: Animals, such as reindeer, elk, deer, antelope, bison, rabbit, squirrel, bear, and muslrat; nonaquatic reptiles, such as rattlesnakes; aquatic mammals; and exotic animals, such as lion, tiger, leopard, elephant, camel, antelope, anteatern kangaroo, water buffalo, species of foreigrr domestic cattle, such as Ankole, Gaya, Yak , and other animals approved by the Department. 'Gane Animal'o does not include: Ratites such as ostich, emu, and rhea. (25) *Ground Beef- means meat that is derived from the voluntary striated muscle of beei with a maximum of thirly percent total fat by weighq with no water, phosphates, extenders, or binders added. (26) 'HACCP PIan' means a written document that delineates the formal procedures for following the Hazard Analysis Critical Control Point principles. (27) uH;aza;rdn means a biological, chemical, or physical property that might cause an unacceptabl e consumer health risk. (28) "Hermetically Sealed Container' means a container desigrred and intended to be secure against the enty of microorganisms and to maintain the commercial sterility of its content after processing. Q9) "Ilighly Susceptible Population" means persons wbo are more likely than other people in the general population to experience foodborne disease because they are immunocompromised, preschool age children, or older adults; and they obtain food at a facility that provides services such as custodial care, health care, or assisted living, such as a child or adult day care center, kidney dialysis corter, hospital or nursing home, or nutritional or socialization services such as a senior center. (30) *Hygroscopic" means.readily taking up and retaining moisture. (31) *Imminent Health Eazard'means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a sifuation that requires immediate correction or cessation of operation to prevent injury or illness based on: A. The number of potartial injuries or illnesses, and B. The nature, severity, and duration of the anticipated injury or illness. Colorado Retail Food Establishment Rules And Regulations6ccR1o1$2 -3- (32) .,Kitchenware' means all multi-use utensils other than tableware, used in the storage, preparation, transportation or senting of food, (33) ..Law" means applicable local, state, and federal statutes, regulations, and ordinances. (34) .Linens' means fabric items such as cloth hampers, cloth napkins, tablecloths, wiping cloths, and work garments including cloth gloves. (35) ..Meat" means the flesh of animals used as food including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except fish, poul$, and wild game animals. (36) ,,mrglLn means milligrams per liter, which is the metric equivalent of parts per million (PPm)' (3'l\ .Mobile Retail Food Establishment" means a retail food establishment that reports to and operates from a commissary and is readily moveable, is a motorized wheeled vehicle, or a towed wheeled vehicle designed and equipped to serve food. (38) ,.Modllied Atmosphere Packaging" means the reduction of the amount of oxygen in a package by mechanically evacuating the oxygen; displacing the oxygen with another gas or combination of gases; or othenvise controlling the oxygor content in a package to a level below what is normally found in the surrounding atmosphere, which is 2lo/o oxygen. Reduced oxygen packaging includes methods that may be refened to as altered atrnosphere, modified atrnosphere, controlled atmosphere, low oxygen, and vacuum packaging including sous vide. (39) ..Molluscan Shellfish'mearui any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle. (40) *Nonfood-Contact Surfaces'means all surfaces other than food-contact surfaces. (41) "Packaged" A. Means bottled canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant' B. "Packaged" does not include a wrapper, carry-out box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receip of the food by the consumer. (42) *Person" means a natural person, partrership, association, company, corporation, organization, or manager, agent, servant officer, or onployee of any of them or other legal entity. (43) .,Person In Charge" means the individual present at a retail food establishment who is responsible for thJoperation at the time of inspection. If no individual is responsible, then any ernployed person present is the person in charge. (44) *Personal Care Itemstt means items or substances that may be poisonous, toxic, or a source of contamination which are used to maintain or enhance a personrs health, hygiene, or appearance, such as medicines, frst aid supplies, cosmetics, toiletries, toothpaste and mouthwash. (45) ..pH'means the measure of the degree of acidity or alkalinity of a solution. Values between 0 and 7 indicate acidity and values between 7 and14 indicate alkalinity. The value forpure distilled water is 7, which is considered neuffal. (46) ..Physical Facilitieso' means the struchre and interior surfaces of a retail food establishment including attachments, such as light fixtures and heating or air conditioning system vents. Colorado Retail Food Establishment Rules And R€gulations 6 CCR 101S,2 _ 4 _ Drug Law", as used, they are "safe" only if they are used in conformity with all applicable regulations of the U.S. Food and Drug Administration. (57) ..Sanitization' means the application of cumulative heat or chernicals on cleaned food- contact surfaces that, when enaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999o/o reduction, of represantative disease microorganisms of public health importance. (58) (shellstock" means raw, in-shell, molluscan shellfish. (59) "shucked Shellfish" means molluscan shellfish that have one or both shells removed. (60) "singleService Articles" means cups, containers, lids, closr'ues, plates, knives, forks, ,pooi., stirrers, paddles, straws, napkins, place mats, doilies, wrapping materials, toothpicks ind similar articles intended for one-time, one-p€rson use and then discarded after use. (61) .,Single,Use Articlest' rneans utensils and bulk food containers desigred and constructed to be used once and discarded. (62) "Smoothtt means: A. A food+ontact surface having a surface free of pits and inclusions with a cleanability equal to or exceeding that of(100 grit) number 3 stainless steel; B. A nonfood-contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale; and C. A floor, wall, or ceiling having an even or level surface with no roughness, projections, perforations, pits, or inclusions that render it diflicult to clean' (63) ..Subprimal Meat Cuts" means cuts made in the retail food establishment from primal meat cuts. (64) .,Support Animal" means a trained animal, such as a guide or service animal, that accompanies a person with a disabilrty to assist in managng the disability and enables the persorrto perform functions that the person would otherwise be unable to perform. (65) .Tableware" means eating, drinking, and serving utensils for tablg use, such as forks' knives, and spoons; including bowls, cups, serving dishes, tumblers and plates' (66) .ufemporary Retail Food Establishnent'means a food establishment that operates at a fixed location for a period of time of not morc than fourteen (14) consecutive days in conjunction with a single event or celebration. (67) ..Utensiltt means any irnplement used in the storage, preparation, tansportration, or service of food. (68) .sWarewashing" means the cleaning and sanitizing of equipment and utensil food-contact surfaces. (69) ..Water Activity' (a*) means a measure of free moisture in a food and is indicated by the symbol a*. Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 -7- CIIAPTER 2 MANAGEMENT AND PERSONNEL . 2.1 SUPERVISION , 2-l0l Responsibilities The operator shall be the person in charge or shall designate a person in charge and shall ensure that' a person in charge is present at the retail food establishment during all hours of operation. *The operator shall educate and monitor enrployees to ensure conformance to these rules and regulations. *2-102 Demonstration Based on the risks of foodbome illness inherent to the food operation, during inspections and upon request the person in charge shall demonstrate to the regulatory authority knowledge of foodbome disease prevantion, application of the Hazard Analysis Critical Control Point principles, and the requirements of these rules and regulations. The person in charge shall demonstrate this knowledge by: A. Complying with these rules and regulations; or B. Being a certifred food protection manager who has shown proficiency of required information ttrrough passing a test that is part ofan accredited prograq or C. Responding correctly to the inspector's questions as they relate to the specifrc food opffation. The areas of knowledge include: (l) Describing the relationship betwean the prevention of foodbome disease and the personal hygiene ofa food enrployee; (2) Explaining the responsibility of the person in charge for preventing the transmission of foodbome disease by a food employee who has a disease or medical condition that may cause foodborne disease; (3/ Describing the symptoms associated with the diseases that are ransmissible through food; (4) Explaimng the hazards involved in the consumption of raw or undercooked meat, poultry, eggs and fish; (5) Stating the required ternperatures and times for the safe cooking, refrigerated storage, hot holding cooling, and reheating ofpotentially hazardous food; (6) Describing the relationship between ttre prevention of foodbome illness and the management and control of the following: (a) Cross contamination, (b) Hand contact with ready-to-eat foods, (c) Handwashing, and (d) Maintaining the food establishment in a clean condition and in good repair; (7) Explaining the relationship between food safety and providing equipment that is: (a) Suffrcient in number and capacity, and Colorado Retail Food Esiablishment Rules And Regulations6CCR1010-2 -g_ (b) Properly designed, constnrcted located, installed operated, maintained, and cleaned; (8) Explaining correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment; (9) IdentiSing the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backJlow and precluding the creation of cross connections; (10) Identiffing poisonous or toxic materials in the food establishment and the procedures necessary to ensure that they are safely stored, dispensed, use4 and disposed of according to law; (ll) Identifying critical control points in the operation from purchasing through sale or service that when not conrolled may contribute to the transmission of foodborne illness and explaining steps taken to ensure that the points are controlled in accordance with the requiranents of these rules and regulations. *2-103 Person in Charge The person in charge shall ensure that: A. Employees are effectively cleaning their hands, by routinely monitoring the employees' handwashing; B. Employees are visibly observing foods as they are received to determine that they are from approved sources, delivered at the required temp€ratures, protected from contamination, unadulterated, and accurately presented, by routinely monitoring the employees' observations and periodically evaluating foods upon their receipt; C. Employees are properly cooking potentially hazardous food, being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, through daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate ternperatwe measr:ring devices properly scaled and calibrated as specified under $4401; D. Employees are using proper methods to rapidly cool potentiallyhazardous foods that are not hetd hor or are not for consumption within 4 hours, through daily oversight of the employees' routine monitoring of food temperatures drning cooling; E. Employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through routine monitoring of solution tanrperature and exposure time for hot water sanitizing, and chemical concantration, pH, temperatue, and exposure time for chernical sanitizing; t F. Consumers are notified that clean tableware is to be used when they retum to self-service areas such as salad bars and buffets as specified under $3-308; G. Employees are minimizing bare hand contact w"ith ready-to-eat food by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispansing equipment; and H. Employees are properly trained in food safety as it relates to their assigned duties. Colorado Reiail Food Establishment Rules And Regulations 6 CCR 101G,2 -9- 2.2 EMPLOYEE HEALTII *2-201 Restrictions Regarding Ill Or Otherwise Infected Employees No employee, while infected with a communicable disease that can be transmitted by foods or who is a carrier of organisms that cause such a disease or whiie afflicted with a boil, an infected wound on an exposed body part, or an acute respiratory infection, shall work in a retail food establishment in any capacity in which there is a likelihood of such ernployee contaminating food or food-contact surfaces with pathogenic organisms or transmitting disease to other persons. *2-202 Reporting It shall be the responsibility of the employee to report to the person in charge when infected with or a carrier of a communicable disease or an organism that may be transmitted by food. *2-203 Exclusions The person in charge shall exclude an employee from a retail food establishment if the employee is diagnosed with an infection where there is a likelihood of such employee contaminating as specified in section 2-201 of these rules and regulations. *2-204 Removal of Exclusions The person in charge may remove an exclusion, applied under section 2-203 of these rules and regulations, with the Department's approval. *2-205 Restrictions Any employee with a pustular lesion, such as a boil or infected wound, on any exposed portions of the body shall keep such lesion covered by a dry, waterproof, durable, tight fitting bandage and a single-use glove, if on the hands or wrist, that shields the wound from direct contact with food or equipment. 2-206 Discharges from the Eyes, Nose and Mouth* Food ernployees experiencing persistett sneezing, coughing, or a rurmy nose that causes discharges from the eyes, nose or mouth may not work with exposed food, clean equipment, utensils, and linens, or unwrapped single-service or single-use articles. 2-3 AUTHORIZED PERSONNEL Only persons necessary to the operation and maintenance of the retail food establishment shall be allowed in food preparation, food storage, food equipment storage, and warewashing areas. 24 PERSONAL CLEAI{LINESS 2401 CleaningProcedure A. Food Employees shall clean their hands and exposed portions of their arms for at least 20 seconds and shall use the following cleaning procedure: (1) Vigorous friction on the surfaces of the lathered fingers, finger tips, areas between the fingers, hands and arms for at least 15 seconds, followed by; (2) Thorough rinsing under clean, running warm water; and Colorado Retail Food Establishment Rules And Regulations 6 CCR1010-2 _ 10 - (3) Immediately follow the cleaning procedure with thorough drying of cleaned hands and arms. B. Food employees shall pay padicular attention to the areas underneath the fingernails during the cleaning procedure. C. If approved and capable ofremoving the t)?es of soils encountered in the food operations involved, an automatic handwashing facility may be used by food employees to clean their hands. *2402 When to Wash Food employees shalt clean their hands and exposed portions of their arms immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles and: A. When retuming to the kitchen after using the toilet room; B. After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking; C. When switching between working with raw foods of animal origin and working with ready- to-eat foods; D. After touching bare human body parts other than clean hands and clean, exposed portions of anns; E. During food preparation, as often as necessary to remove soil and contamination and to prevent crogs{ontamination when changing tas}s; F. Before donning single-use gloves for working with food, and between removing soiled gloves and putting on clean gloves; G. After handling soiled equipment or utensils; H. After caring for or handling any animals;. I. After engaging in any activities that contaminate the hands; J. After handling fish in aquariums, shellfish, or crustacea in display tanks. *2-403 Hand Sanitizers Hand sanitizers may be used in addition to but not in place of proper handwashing. *2-404 Where to Wash Food employees shall clean their hands in a handsink or approved automatic handwashing facility L and may not clean their hands in a sink used for food preparation or warewashing, or in a utility sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste. *2-405 Fingernail Care A. Food employees shall keep their fingernails clean, trimme4 filed and maintained so the edges and surfaces are cleanable and not rough. B. Unless wearing intact gloves in good repair, a food employee may not wear fingernail polish or artificial fingemails when working with exposed food. Colorado Retail Food Establishment Rules And Regulations 6 GCR 1010-2 - 11 - C. This section does not apply to employees such as counter staff who serve only beverages and wrapped or packaged foods, or hostesses and wait staff who present a minirnal risk of contaminating exposed foods, clean equipmant, utensils, and linens, and unwrapped single- service and single-use articles. 2406 Clothing Employees shall wear clean outer clothing to prevent cross-contamination. *2-407 Jewelry A. While preparing food, food employees rnay not wear jewelry, including medical information jewelry on their arms and hands. This section does not apply to the wearing of a single ring. B. This section does not apply to employees such as counter staff who serve only beverages and wrapped or packaged foods, or hostesses and wait staff who present a minimal risk of contaminating exposed foods, clean equipment, utensils, and linens, and unwrapped single- service and single-use articles. 2408 Dressing Rooms and Locker Areas A. If employees routinely change clothes within a retail food establishment, roorns or areas shall be desigrrated and used for that purpose. These designated rooms or areas shall not be used for food preparation, food storage, food display, warewashing, or storage of utensils and equipment. B. Lockers or other suitable facilities shall be provided and used for the orderly storage of employee clothing and other belongings. Lockers or other suitable facilities may only be located in designated dressing rooms or areas, or in food storage rooms or areas containing only completely packaged food or packaged single-service articies. 2-5 HYGIENIC PRACTICES *2-501 General Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods. *2-502 Eating Drinking, or Using Tobacco A. Except as specified in paragraph B, employees shall consume food, drink or use tobacco only in designated areas. Such desigrated areas must be located so that eating or tobacco use of an ernployee does not result in contamination of food, equipment, utensils, or other items needing protection. B. An employee may drink from a closed beverage container if: 1. The container is clean; 2. It does not contaminate the employee's hands; and 3. It is stored to pr€vent the contamination of exposed food, clean equipment, utensils, linens, unwrapped single-service and single-use adicles. 2-503 Hair Restraints A. Except as provided under paragraph B of this section, employees engaged in food preparation shall wear hair restraints, such as hats, hair coverings, nets, or other effective Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 3-2 SOURCES ATID SPECIFICATIONS *3-201 llermetically Sealed Food The use of food from hermetically sealed containers that was not prepared in an approved food processing establishmernt is prohibited. Hermetically sealed packages shall be handled so as to maintain product and container integrity. Food items that are spoiled or that are in damaged containers that may affect the product and those food items that have been retumed to, or are being detained by, the retail food establishment because of spoilage, container damage, or other public health considerations shall be segregated and held in designatei areas pending pr;per disposition unless disposed of urder the supervision of the regulatory authority. *3-202 Dry Milk and Dry MiIk Products Dry milk and milk products used, served or offered for sale shall be made from pasteurized milk and milk products. *3-203 Reconstitution of Dry Milk, Dry Mlk Products and Non'Dairy Products Dry mi[c dry milk products and non-dairy creaming, whitening, or whipping agents may be reconstituted with potable water on the premises only when they will be stored in sanitized, covered containers and cooled to 4l "F (7"C) or below within four hours after preparation. Reconstituted dry milk cannot be substituted for use as a Grade A fluid milk product in its final form (e.g. for drinking, over cereal, etc.). *3-204 Fluid Milk, Fluid Milk Products, and Frozen Dessert Mix Fluid milk and fluid milk products used, served or offered for sale shall comply with the Colorado Grade A Pasteurized Fluid Milk and Milk Products Regulation. Only pasteurized mix from an approved licensed dairy plant may be mixed and/or frozen by a counter freezer. *3-205 Wild Mushrooms A. Except as specified in paragraph B of this section, mushroom species picked in the wild shall be obtained from sources where each mushroom is individually inspected and found to be safe by a mushroom identification expert approved by the regulatory agency. B. This section does not apply to: l. Cultivated wild mushroom species that are growr, harvested, and processed in an operation that is regulated by the regulatory agency that has jurisdiction over the operation; or 2. Wild mushroom species if they are in packaged form and are the product of a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant. *3-206 Game Animals and Exotic Species Game animals and exotic species may be received for sale or service provided they are slaughtered and processed according to laws goveming meat and poulty as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program. Colorado Reteil Food Establishment Rules And Regulalions 6 CCR 1010-2 _ 15 - *3-207 Eggs A. Only clean shell eggs meeting applicable grade standards or pasteurized shell, liquid, frozen or dry eggs, or pasteurized dry egg products shall be used or offered for sale. 3-208 Ice *A. Source. Only ice which has been manufactured from potable water and handled in a sanitary rnanner shall be used or offered for sale. Ice offered for sale shall be packaged and properly labeled. B. Dispensing. Ice for human consumption shall be dispensed only by employees with scoops, tongs, or other ice dispensing utensils, or through automatic self-service, ice dispensing equipment. Ice dispensing utensils shall be stored on a clean surface or in the ice with the dispensing utensil's handle extended out of the ice. Between uses, ice transfer receptacles shall be stored in a way that protects them from contamination. *3-209 Ice Used as Exterior Coolant, Prohibited as Ingredient Ice used as a cooling medium for food storage, food containers or food utensils shall not be used or sold for human consumption. 3-210 Storage or Display of Food in Contact With Water or Ice A. Packaged food may be stored in direct contact with potable ice or potable water if the packaging, *rapping, or container is not subject to entry of water, B. Except as specified in C and D ofthis section, unpackaged food may not be stored in direct contact with undrained ice. C. Whole raw fruits and whole or cut raw vegetables, such as celery or carrot sticks or cut potatoes; and tofu may be immersed in potable ice or potable water. D. Raw chicken and raw fish that are received immersed in potable ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale. *3-2ll Juice A. Pre-packaged juice shall be obtained pasieurized; in a sterile shelf-stable form in a hermetically sealed container; or otherwise teated under an approved HACCP plan as specified in 21 CFR 9120.24, (2003) to attain a 5Jog reduction of the most resistant microorganism of public health significance. B. Juice packaged in a retail establishment and sold exclusively and directly to its consumers does not have to be processed in conformance with an approved HACCP plan, but if packaged shall bear the phrase: *WARIYING: This product has not beerr pasterrized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems" and meet the requirements of the Federal Fair Packagine and Labelins Act. PROTECTION FROM CONTAMINATION AFTER RECEIVING *3-301 Preventing Contamination from llands A. Food shall be prepared with minimal manual contact. This can be achieved by the use of suitable utensils, such as deli tissues, spatulas, tongs, or single-use gloves. Employees shall not contact ready-to-eat foods with their bare hands when it is determined by the Department Colorado Retrail Food Establishment Rules And Regulations 6 CCR 101G2 _16_ 3-3 that no bare hand contact with ready-to-eat food is necessary to control pathogenic microorganisms that are transmissible by food. B. If used, single-use gloves shall be used for only one tasl such as working with ready-to-eat food, or with raw animal food. Single-use gloves shall be used for no other purpose, and discarded when damaged, soiled, when interruptions occur in the operation, or when the task is completed. 3-302 General At all times, including while being stored, prepared, displayed, dispensed, packaged, or hansported, food shall be protected from cross+ontaminafion between foods and from potential contamination by insects, insecticides, rodents, rodenticides, other toxins, probe-type price tags or probe-type identification tags, unclean equipment and utensils, unnecessary handling, flooding, draining, overhead leakage or condeasation, or other agents of public health significance. tlanging primal cuts and quarters or sides of meat, and uncut raw fruits and vegetables do not need to be over wrapped or covered. Foods in original individual packages must be over wrapped or covered if the package has been torn or broken. During transportation, including transportation to another location for service or catering operations, food shall meet the requirements of these rules and regulations relating to food protection, food storage and tempcratue maintenance of potentially hazardous foods. *3-303 Cross-Contamination Control Each time there is a change in processing between raw beef, raw pork, other raw meats, raw poultry, raw fish and molluscan shellfish or from raw to ready-to-eat foods, food-contact sr.nfaces and utensils shall be cleaned and sanitized in accordance with Chapter 4, part 4403 of these rules and regulations. Salads and other ready-to-eat foods may also be prepared simultaneously in areas that are separated by a barrier or open space from areas used for processing potentially hazardous raw products. Slash-resistant gloves used to protect hands during operations requiring cutting shall be handled in a manner which will prevent the cross-contamination between raw and ready-to-eat foods. *3-304 Pasteurized Eggs, Substitute for Shell Eggs for Certain Recipes Raw shell eggs shall not be used as an ingrediant in the preparation of uncooked, ready-to-eat menu items. Commercially pasteurized egg and egg products may be substituted for raw shell eggs in such items. Pasteurized eggs rnay also be substituted for raw shell eggs where bolding is required for menu items such as scrambled eggs, omelets, French toast, Monte Cristo sandwiches, etc. Pooling ofraw shell eggs is allowed only ifthe eggs are 4l'F (5'C) or below when they are crackcd and maintained at 4l'F (5'C) or below until cooked. *3-305 WashingFruitsand VegetableVAdditives A. All raw fruits and raw vegetables including those that will be cut, combined with other ingredients, or otherwise processed into food products by the retail food establishment shall first be thoroughly cleaned with potable water. Whole, raw fruits and raw vegetables intended for washing by the consumer before consumption need not be washed before sale. B. An indirectly drained food preparation sink with an approved eighteen inch (18") 46 cm) selfdraining drain board or altemate approved methods shall be provided to prevent cross- contamination of clean raw fruits and vegetables. In establishments where vegetable preparation is limited to a few items and in limited quantity, and either single-service tableware or a mechanical dishwasher is used, the three- compartment sink may be used for Colorado Retail Food Establishment Rules And Regulations 6CCR 1010-2 -fi _ food preparation if the sink is indirectly drained and the sink and drain board are cleaned and sanitized between changes in use. C. Application ofsulfiting agents to fresh fruits (except grapes) and vegetables intended for raw consumption or to a food considered to be a good source of vitamin 81. i.e., poultry, crab meat (except carmed), mixed nuts, whole grains, whole grain flours, enriched bakery products is prohibited. 3-306 In-Use Utensils, Between Use Storage To avoid unnecessary manual contact with the food, suitable dispensing utensils and single-service articles shall be used by employees and consumers. Consumer display and self-service ofbulk food shall meet the requirements of section 254-1301 et seq., C.R.S., (See Appotdix I). Dispensing utensils shall 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 potable rwrning water as in a running water dipper well; or D. Stored at temperatures of 135"F (570C) and above, or 4loF (5"C) and below. 3-307 Wiping Cloths A. Cloths used for wiping food spills on food-contact surfaces shall be cleaned and rinsed frequently in one of the sanitizing solutions permitted in Appendix G of these rules and regulations and used for no other purpose. These cloths shall be saturated with the proper concentration of sanitizing solution. B. Cloths used for cleaning nonfood-contact surfaces shall be clean and rinsed as specified in paragraph A of this section and used for no otler purpose. These cloths shall be saturated with the proper concentration of sanitizing solution between uses. C. Dry or moist cloths tbat are used with raw foods of animal origin shall be kept separate from cloths used for other pqposes. Moist cloths used with raw foods of animal origin shall be kept in a separate sanitizing solution. D. Single-use disposable towels are permitted in lieu of wiping cloths or sponges if discarded after each use. E. Cloths used for wiping food spills on tableware, such as plates and bowls being served to the conslrmer, shall be clean, dry, and used for no other purpose. F. Sponges shall not be used in contact with cleaned and sanitized or in-use food-contact stufaces. 3-308 Re.Use of Tableware A. Re-use of soiled tableware by self-service consumers retuming to the service area for additional food is prohibited. B. Beverage cups and glasses are exempt from this requirement where filling equipment is designed to prevent cross-contamination. .C. The dispensing equipment actuating lever or mechanism and filling device of consumer self- service beverage dispensing equipment shall be desigred to prevent contact with the lip- contact surface of glasses or cups that are being refilled. Colorado Retail Food Establishment Rules And Regulations 6 CCR 101G.2 -18- 3-309 RelillingReturnebles A. A take-home food container shall not be refilled at a retail food establishment with a potentially hazardous food. B. Retumables refilled with food that is not potentially hazardous shall be clean. 1310 Food Storage A. Containers of food shall be stored a minimum of six inches (6) F5 centimeters (cm)l above the floor or stored on dollies, skids, racks, or open-ended pallets, provided such equipment is easily movable, either by hand or with the use of pallet-moving equipment that is on the premises and used. Such storage areas shall be kept clean- B. Pressurized beverage containers, cased food in waterproof containers such as bottles or cans, milk containers in plastic crates, and waterproof, easily moveable, covered containers may be stored on a floor that is clean and not exposed to floor moisture. C. Packaged food, once the container is opened in the retail food establishment prior to use or retail sale, shall be kept covered. Food, whether raw or prepared, if rernoved from the container in which it was originally packaged, shall be stored in a clean, covered container, except during necessary periods of preparation. Primal cuts, quaxters or sides ofmeat, or processed meats, such as country hams, slab bacon, and smoked or cured sausages, may be hung uncovered or placed on clean, sanitized metal racks in such a manner as to preclude contamination of any food products in storage. 3-311 Food Storage, Prohlblted Areas Food may not be stored: A. In locker areas unless the food is completely packaged; B. In toilet rooms and their vestibules; C. ln dressing rooms; D. In garbage rooms; E. In mechanical rooms; F. Under sewer lines that are not shielded to intercePt potential drips; G. Under leaking water lines, including leaking automatic fire sprinHer heads, or under lines on which water has condensed: H. Under other sources of contamination: or I. In recycling rooms. 3-312 Food Display A. Except for nuts in the shell and whole, raw fruits and vegetables that are interded for hulling, peeling, or washing by the consumer before consumption, food on display shall be protected from contamination by the use of packaging; food shields at counters, s€rvice lines, or salad bars; display cases; or other effective means of protection. B. French style, hearth baked or hard-crusted loaves and rolls may be considered properly wrapped if contained in an open-end bag of sufficient size to enclose the loaves or rolls. C. Bulk food that is available for consumer self-dispensing shall meet the requirements of section 254-1301 et seq., C.R.S., (See Appendix I). Colorado Retail Food Establishment Rules And Ragulations 6 ccR 1o1o-2 - 19 - 3-313 Condiments,Protection Condiments shall be protected from contamination by being kept in protective dispensers, in food displays provided with the proper utensils, in original containers that are desigrred for dispensing, or in individual packages or portions. *3-314 Consumer Self-Service Operations Unpackaged or unwrapped raw animal food, such as beei lamb, pork, poultry and frsh shall not be offered for consumer self-service. This does not apply to consumer self-service of ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw shellfish, or to ready-to-cook individual portions for immediate cooking and consumption on the premises such as consumer- cooked meats or consumer-selected ingredients for Mongolian barbecue. *3-315 Reservice Once served to a consumer, portions of leftover food shall not be served again except that packaged food, other than potentially hazardous food, that is still in an uno'pened package and is still in sound condition, may be re-served. 34 DESTRUCTION OF'ORGANISMS OF PUBLIC HEALTH CONCERN *3401 Temperature A. The temperature of potentially hazardous foods shall be 41'F (5"C) or below or 135"F (57'C) or above, at all times, except during necessary periods of preparation or as otherwise provided in this code. B. Equipment for cooling, heating and holding food, cold and hot, shall be sufficient in number and capacity to provide required food temperatures. C. Fluid milk and milk products, molluscan shellstock and shell eggs may be received at ther respective temperatnes according to laws governing their distribution. *3-402 Cooking Potentially Hazardous tr'oods Unless otherwise ordered by the immediate consumer, potentially hazardous foods processed within the retail food establishment shall be cooked to a rmiform intemal temperature of 140'F (60"C), except that: A. Poultry, stuffed fish, stuffed rneat, stuffed pasta, stuffed poultry, or stuf{ing containing fish, meat or poultf shall be cooked to a uniform internal tenperature ofat least 165'F (74"C) for 15 seconds. B. Rare roast beef and rare beef steak shall be cooked to a uniform internal ternperature of at least 130'F (55'C). C. Eggs, porlq lamb fish and other meats as defined in section l-202 (35) shall be cooked to a uniform internal temperature of 145"F (63'C) for 15 seconds. E. Ground beef shalt be cooked to a uniform internal temperature of 155'F (68'C) for 15 seconds, or to 145"F (63'C) for 3 minutes, or 150'F (66'C) for 1 minute, or 158'F (70"C) for less than one second. F. Game animals shall be cooked to a uniform intemal temperature of 155'F (68'C) for 15 seconds. Colorado Retail Food Esiablishment Rules And Regulations 6 CCR 10'tG2 _ 20 _ G. Comminuted fish, meat and game animals shall be cooked to a uniform internal temperature of155'F (68'C) for 15 seconds. H. Raw animal foods cooked in a microwave oven shall be : 1. Rotated or stirred throughout or midway during cooking to compensate for uneven distribution ofheat; 2. Covered to retain surface moisture; 3. tleated to a t€mperature ofat least 165'F (74"C) in all parts ofthe food; and 4. Allowed to stand covered for 2 minutes after cooking to obtain temperature equilibrium. I. Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of r3s"F (60'c). *3-403 Reheating A. Except as specified under paragraphs (B) and (C) ofthis section, potentially hazardous foods that have been cooked and then refrigerated shall be rapidly reheated within two hours to a uniform internal temperature of 165'F (74oC) or higher before being placed in hot food storage holding units which shall maintain product ternperature at 135"F (57"C) or above at all times. Food warmers and other hot food holding units shall not be used to reheat potentially hazardous foods unless the equipmort is specifically desigrred for that purpose. Ifa retail food establishment proposes to use equipmant for reheating tbat is not desigrred for reheating, written procedr:res documenting use must be approved by the Department. B. Brcept as specified in paragraph (C) of this section, food reheated in a microwave oven shall be heated to a uniform internal lemperahre ofat least 165'F (74"C) and the food is rotated or stirred, covered, and allowed to stand covered for 2 minutes after reheating. C. Ready-to+at food taken from a commercially processed, hermetically sealed container, or from an intact package from a food processing plant that is inspected by the food regulatory authority that has jurisdiction over the plant, shall be heated to a uniform internal temperature ofat least 135:F (60'C) for hot holding. D. Cooked and refrigerated food that is prepared for irnmediate sen ice in response to an individual consumer order, such as a roast beef sandwich au jus, may be served at any temperature. 3-5 LIMITATION OF GROWTH OT'ORGAI{ISMS OF PUBLIC HEALTH CONCERN 3-501 Thawing Potentially hazardous foods shall be thawed: A. Under refrigeration or conditions that maintain the food temperature at 41oF (5'C) or below; B. Completely submerged under running water: l. At a water temperature of 70'F (21"C) or below, and 2. With sufficient water velocity to agitate and float off loose particles in an overflow, and *3. For a period of time that does not allow thawed portions of food to rise above 41"F (5"C) for more than four hours. Colorado Retail Food Estrblishment Rul€s And Regulatlms 6 CCR 101G.2 -21 - C. In a microwave oven only when the food will be immediately tansferred to a conventional cooking process as part ofa continuous operation, or when the entire, unintem:pted cooking process takes place in the microwave oven, or retumed immediately to cold storage. *D. Under conditions that do not allow any portions ofthe food to be above 4l'F (5'C). E. As part ofthe conventional cooking process. *3-502 Cooling A. Cooked potentially hazardous food shall be cooled from 135"F (57"C) to 41"F (5'C), or below, in 6 hours, provided that the food is cooled from 135'F (57'C) to 70'F (21'C) within the first 2 hours. B. Potentially hazardous food that has been prepared from ingredients at ambient temperature, such as reconstituted milk and canned products, shall be cooled to 41'F (5'C), or below, within 4 hours. C. Fluid milk and milk products, shell eggs, and molluscan shellstock received in compliance with laws regulating the respective food during shipment from the supplier shall be cooled to 41"F (5"C) or below within 4 hours. 3-503 Cooling Methods A. Cooling shall be accomplished as required in sectio'n 3-502, by using one or more of the following methods based on the tlpe of food being cooled: l. Placingthe foodin shallowpans; 2. Separating the food into smaller or thinner portions; 3. Using rapid cooling equipment; 4. Stirring the food in a container placed in an ice water bath; 5. Using containers that facilitate heat transfer; 6. Adding ice as an ingredient; or 7. Other effective methods that meet the requiremants of section 3-502 of these rules and regulations. B. When using food containers to cool food, food shall be: l. Arranged in the container to provide maximum heat transfer tlrrough the container walls: and 2. Loosely covered, or uncovered if protected from overhead contamination during the cooling period to facilitate heat transfer from the surface of the food. *3-504 Time as a Public Health Control Time only, rather than time in conjunction with temperature, may be used as the public health control for a working supply of potentially hazardous food before cooking, or for ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumption, if: A. The food is marked or, otherwise identified, with the time within which it shall be cooked, served, or discarded; B. The food is served or discarded within 4 hours from the point in time at which the food was removed from temperahre control; Colorado Retail Food Establishment Rules And Regulations 6 ccR 1o1o-2 -22- C. Food in unmarked containers or packages, or fqr which the time expires, is discarded; and D. Written procedures approved by the Deparftnent that ensure compliance with paragraphs A- C of this section are maintained in the establishment and made available to the regulatory authority upon request. E. tn a retail food establishment that serves a highly susceptible population, time and temperature shall be used as a public health control for raw eggs. *3-505 Modilied Atmosphere Packaging, Criteria A. A retail food establishment that packages food using a modified atmosphere packaging method shall have a HACCP plan that contains the information specified under Appendix H and that: l. Identifres the food to be packaged; 2. Limits the food packaged to a food that does not support the growth of Clostridium botulinum because it: a) Has an a*, of 0.91 or less, b) Has a pH of 4.6 or less, c) Is a meat product cured at a processing plant regutated by the U.S. Deparftreil of Agriculture using a combination of nitrites, nitrates, and salt that at the time of processing consists of 120 mg/L or higher concentration of sodium nitrite and a b'rine concentration of at least 3.50olo and is received in an intact package, or d) Is a food with a high level of competing organisms such as raw meat or raw poulty. 3. Specifres methods for maintaining food at 4l"F (5'C) or below; 4. Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold q/pe on a contrasting backgrormd, with instructions to: a) Maintain the food at 4l'F (5"C) or below, and b) Discard the food ifnot consumed within 14 calendar days ofits packaging. 5. Limits tlre refrigerated shelf life to no more than 14 calendar days from packaging to consumption, or the original manufacturer's "sell by" or "use by" date, whichever occurs first; 6. Includes operational procedures that: a) Minimize handling of food with bare hands, b) Identify a designated area and the method by which: i) Physical barriers or methods of separation ofraw foods of animal origin and ready-to-eat foods minimize cross-contamination, and ii) Access to the processing equipment is reskicted to responsible trained personnel familiar with the potential hazards of the operation, and iiD Delineate cleaning and sanitization procedures for food-contact surfaces; Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 -23 - 7. Describes the training program that assures the individual responsible for the modified atmosphere packaging operation understands the: a) Concepts required for a safe operation, b) Equipment and facilities, and c) Procedures specified in subparagraph (A)(6) ofthis section and Appendix H. B. Except for fish that is frozen before, during and after packaging, a food establishment may not package fish using a modified atmosphere packaging method. 3-6 ON-PREMISES LABELING 3-601 Labeling A. When voluntary code date information appears on a retail food establishment or manufacturers' label, it shall not be concealed or altered. B. Bulk food available for consumer selfdispensing shall be prominently labeled according to section 25-4-1301 et seq., C.R.S., (See Appendix I). C. Ifan unpackaged non-bulk food product is manufactured on site and sold at the site where it was manufachred or sold over the counter at a different site, no labeling is requirec. However, an ingredient label shall be made available upon request. If the product is distributed at a location different from the manufacturing site, as a prepackaged itenu it must be labeled in accordance with section 25-5401 et seq., C.R.S. and all labeling regulations authorized therein. D. A food ingredient, such as flour, sugar, sall spices, baking powder, cooking oil or vinegar, that is not stored in the original package and is not readily identifiable on sight, shall be stored in a container identifying it by a common name. *3-602 Special Requirements for Highly Susceptible Populations The following foods may not be served or offered for sale in a ready-to-eat form to persons in a highly susceptible population: A. Raw animal foods such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak larure: B. A partially cooked animal food such as lightly cooked fish, rare m€at, soft cooked eggs that are made from raw shell eggs and meringue; C. Raw seed sprouts; and D. Juice that is not pasteurized or treated under an HACCP plan as specified in Appendix I of these rules and regulations, or contains a warning label as specified in Section 3-211@) of these rules and regulations. Colorado Retail Food Establishment Rules And Regulations 6 CCR 101G2 -24 - CHAPTER 4 WAREWASHING, EQUIPMENT, UTENSILS, AND LINENS 4-I MATERIALS FOR CONSTRUCTION AND REPAIR +101 General AII equipmen! utensils and single-service articles shall be fabricated with safe materials; be of commercial design, that is certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program or a design approved by the Deparhnent (see Appendix I); fabricated for durabilify under conditions of normal use; and resistant to denting, buckling, pitting, chrpping, and crazing. Equipment, utansils, and single-service articles shall not impart odor, color, or taste, nor in any manner contribute to the contamination of food. Equipment and utensils shall be repaired with safe materials and maintained in good repair to comply with the requirements of this code. +102 EquipmentRequirements All retail food establishments shall have at a minimum: A. Equipment and utensil washing facilities installed and operated in accordance with section 4- 403 of these nrles and regulations; B. Handsinls accessible to employees involved in food preparation and equipment and utensil washing in accordance with section 5-207 of these rules and regulations; and C. A utility facility in accordance with section 5-210 of these rules and regulations. 4-2 DESIGN AND CONSTRUCTION +2Ol Food Contact Surfaces Multi-use food-contact swfaces shall be : A. Smooth; B. Free of breaks, open senms, cracks, chips, pits, and similar imperfections; C. Free of sharp intemal angles, comers, and crevices; D. Finished to have smooth welds and joints; and E. Accessible for cleaning and inspection by one of the following methods: L Without being disassembled, 2. By disassernbly without the use of tools, or 3. By easy disassembly with the use of only simple tools, such as mallets, screw drivers, or wrenches, that are kept in a readily accessible location near the equipment. 4-202 Use Limitations A. Cast iron may only be used as a cooking surface which can include use in the service of food when used in an unintemrpted process from cooking through service. Colorado Retail Food Establishment Rules And Regulations 6 CGR 1010-2 _25 _ B. Ceramic, china, crystal utensils, and decorative utensils, such as hand-painted ceramic or china, that are used in contact with food shall be lead-free or contain levels of lead not exceeding the limits of the following utensil categories: UTENSIL CATEGORY DESCRIPTION MAXIMIIMLEAD mg/L Hot Beverage Mugs Coffee Muss 0.5 Large Hollowware Bowls> Ll L(l.16QT)I Small Hollowware Bowls < l.l L (1.16 QT)2.0 Flat Utensils Plates, Saucers 3.0 C. Copper and copper alloys, such as brass, may not be used in contact with food that has a pH below 6 (e.g. vinegar, fruit juice, wine, etc.) or used for a fitting or tubing installed between a backflow prevention device and a carbonator. Copper and copper alloys may be used in contact with beer brewing ingrediernts that have a pH below 6 in the prefermentation and fermentation steps of a beer brewing operation such as a brewpub or microb'rewery. D. Enamelware is prohibited for any food-contact surface. E. Galvanized metal may not be used to fabricate food-contact surfaces of equipment that is used for beverages, moist food, or hygroscopic food. F. Clean linens and napkins may be used to line containers used for the service of foods, ifthe linens and napkins are repiaced each time the container is refilled for a new consumer. G. Clean cloth gloves may be used in direct contact with food that will be subsequently cooked as required under part 34, such as frozen food or a primal cut of meat. H. Pewter may not be used as a food-contact surface. I. Solder and flux containing lead in excess of 0.2o/o, and cadmiunr, antimony, bismuth, or other toxic chemicals may not be used on surfaces that contact food. J. Except as specified in paragraphs 1,2, and 3 ofthis section, wood and wicker may not be used as a food-contact surface, l. Hard maple or an equivalently hard, close-grained, nonabsorbent wood, provided it is not cracked, pitted or uncleanable, may be used for: a) Cutting boards, cutting blocks, bakers' tables, bagel boards, and utensils such as rolling pins, doughnut dowels, salad bowls, pizza paddles, and chopsticks; and b) Wooden paddles used in confectionery operations for pressure scraping kettles when manually preparing confections at a temperature of 230"F (110'C) or above. 2. Whole, uncut, raw fruits and vegetables, and nuts in the shell may be kept in the original wood or wicker containers until the fruits, vegetables, or nuts are used. 3. If the nature of the food requires removal of rinds, peels, husl6, or shells before consunrption, the whole, uncut, raw food may be kept in: Colorado Retail Food Establishmenl Rules And Regulations 6 CCR 1010-2 -26 - a) Untreated wood or wicker containers; or b) Treated wood containers ifthe containers are treated with a preservative that meets the requirements specified by the Departnent in Preservatives for Wood,21 CFR $178.3800, (2003). K. Cutting gurfaces that are scratched and scored must be resurfaced so as to be easily cleaned, or be discarded when these surfaces can no longer be effectively cleaned and sanitized. L. Newspapers, cloth, paper, cardboard, towels, contact paper, foil, oil cloth, or similar materials shall not be used as liners for shelves, drawers, or drain boards M. Wrapping of utensils or equipnent handles with absorbent or difficult-to-clean material, such as string, wire or tape shall not be allowed. +203 Nonfood-ContactSurfaces Nonfood-contact surfaces shall be constructed of approved materials, in good repair, and be easily maintained in a clean and sanitary condition. A. In new or extensively remodeled retail food establishments, wood interior construction in walk-in cooler and freezer units shall be prohibited. B. Unfinished wood is not acceptable in food preparation, equipment or warewashing, or food storage areas other than those areas used solely as dry food storage areas. C. Surfaces of equipment or other areas, which arc exposed to splash, food debris or which othenvise require frequent cleaning, shall be designed and fabricated to be smooth, durable, washable, free of unnecessary ledges, projections, or crevices, and readily accessible for cleaning. D. Wicker and wickerlike materials, in good repair can be used for service and display of prepackaged food. Service of bread or rolls in wicker or wickerlike materials is permissible if lined with dry linens or napkins, which are replaced each time the container is refrlled for a new customer. +204 Clean In Place (CIP) Equipment A. CIP equipment shall meet the charactEristics of food-contact surfaces and shall be designed and constructed so that: *1. Cleaning and sanitizing solutions circulate throughout a fixed system and contact all interior food-contact surfaces; and 2. The system is self-draining or capable ofbeing completely drained ofcleaning and sanitizing solutions. B. CIP equipment that is not desigred to be disassembled for cleaning shall be designed with inspection access points to ensure that all interior food-contact surfaces throughout the frxed system are being effectively cleaned. +205 sV'Threads, Use Limitation "V" tlpe threads may not be used on food-contact surfaces, except for hot-oil cooking or filtering equipment. Colorado Retail Food Establishment Rules And Regulations 6 CCR 101G2 -27 - 4-206 Hot-Oil Filtering Equipment Hot-oil Iiltering equipment shall meet the characteristics specified under food-contact surfaces (section 4-201) or CIP equipment (section 4-2M) and, shall be readily accessible for frlter replacement and cleaning of the filter. +207 Bearings and Gear Boxes, Leakproof Equipment containing bearings and gears requiring lubricants not made of safe materials shall be designed, constructed and maintained to ensure that the lubricant cannot lealg drip, or be forced into food or onto food-contact surfaces. Equipment designed to receive lubrication of bearings and gears on or within food-contact surfaces shall be lubricated with materials meeting the requirernents of Lubricants, 2 I CFR $ I 78.3570, (2003) (see Appendix F). 4-208 Beverage Tubing, Separation Beverage tubing and cold-plate beverage cooling devices shall not be installed in contact with stored ice. This section does not apply to cold plates that are constructed integrally with an ice storage bin. +209 Ice Units, Separation of Drains Liquid waste drain lines may not pass through an ice machine or ice storage bin. +210 Condenser Unit, Separation If a condenser unit is an integral componext of equipment, the condenser rmit shall be separated from the food and food storage space by a dustproofbarrier. *4-211 Molluscan Shellfrsh Tanks Molluscan shellfish life-support system display tanks may only be used to display shellfish not offered for human consumption. +212 Veniilation and Ventilation llood Systems All rooms shall have suffrcient ventilation to keep them free of excessive heat, steam, condensation, pors, obnoxious odors, smoke, and fumes. Ventilatio'n systems shall comply with applicable building department and fire prevention bureau requirements, and when vented to the outside shall not create an unsightly, harmful, or unlawful discharge. All ventilation systems shall comply with the 2000 Uniform Mechanical Code. When local building and./or fire departments have adopted codes equivalent or more stringent than the above, those codes shall apply. A. Ventilation Hood Systems. Ventilation hood systems shall be sullicierrt in number, capacitlr, and designed and constnicted according to the 2000 Uniform Mechanical Code, section 402.4,chapter4,andsections507and508,chapter5. Ventilationhoodsystemsanddevices shall be designed to prevent greas€ or condensation from collecting on walls and ceilings, and from dripping into food or onto food+ontact surfaces. Filters or other grease extracting equipment shall be easily removable for cleaning and replacement when not designed for in place cleaning. B. Special Ventilation. Equipment from which aerosols, obnoxious odors, noxious fumes, or vapors may originate shall be effectively vented to the outside air or vented through an approved ventilation system. All grease-producing equipment shall be vented through a propedy designed ventilation hood and grease collection system. Condensate-producing equipment may be vented to the outside in mobile units and food establishments through exhaust air ducts or by flow-through ventilation provided no nuisance is created. Colorado Retail Food Establishment Rules And Regulations 6ccR 1o1o-2 -28 - 1. Intake and exhaust ducts shall be maintained to prevent the entance of dust, dirt, and other contaminating materials. 2. In new or extensively remodeled retail food establishments, all rooms, including restrooms, from which obnoxious odors, vapors, or fumes originate shall be mechanically vented to the outside unless exempted under paragraph B of this section. C. Fire Prevention Equipment and Lightine Svstems. Fire prevention, extinguishing equipmant and lighting systems shall be installed in a ventilation qystem or hood so as to not create a cleaning problem. 4.3 LOCATIONANDINSTALLATION +301 Equipment, and Storage Cabinets, Contamination Prevention. A. The storage of cleaned and sanitized equipment utensils, laundered linens, laundered clothing and single-service and single-use articles may not be located: l. In locker areas: 2. In toilet rooms and their vestibules: 3. In dressing rooms; 4. In garbage rooms; 5. hr mechanical rooms; 6. Under water and sewer lines that are not shielded to intercept potential drips; 7 . Under leaking automatic fire sprinkler heads, or under lines on which water has condansed; 8. Under other sources of contamination; or 9. In recycling rooms. B. A storage cabinet used for linens or completely packaged single-service or single-use articles may be stored in a locker area. +302 Fixed Equipment, Spacing or Sealing Equipment, including ice makers and ice storage equipment, shall not be located under sewer lines that are not shielded to intercept potential drips or under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed. A. Table-Mounted Equipment I . Table-mounted equipment shall be installed to facilitate the cleaning of the equipment and the adjacent areas. 2. Equipment that is mounted on tables or counters, unless portable, shall be sealed to the table or counter, or elevated on legs to provide at least a 4-inch (10 cm) clearance between the table or counter, except that if no part of the table under the equipment is more than 18 inches (46 cm) from cleaning access, the clearance space shall be three (3) inches (8 cm) or more; or if no part of the table under the equipmant is more than three (3) inches (8 cm) from cleaning access, the clearance space shall be two (2) inches (5 cm) or more. Colorado Retail Food Establishm€nt Rules And Regulations 6 CCR 101&2 -29 - 3. Equipment is portable within the meaning of section 4-302(AX2) of this code if: a) It is small and light enough to be moved easily by one person; or b) Is equipped with a mechanical means of safely tilting the unit for cleaning; and c) It is table-mounted, such as powered mixers, grinders, slicers, tenderizers, and similar equipment; and d) It has no utility connection, has a utility connection that disconnects quickly, or has a flexible utility connection line of suf{icient length to permit the equipment to be moved for easy cleaning. B. Floor-Mounted Equioment 1. Floor-mounted equipment, unless easily moveable, shall be: a) Sealed to the floor; or b) Elevated on sanitary legs to provide at least a 6-inch (15 cm) clearance between the floor and equipmen! except that equipment may be elevated to provide at least a 4-inch (10 cm) clearance between the floor and equipment if the floor under the equipment is no more than six (6) inches (15 cm) from cleaning access; ' c) Display shelving units, display refrigeration units, and display freezer units are exempt from the provisions ofParagraph l, a and b of this section if they are installed so that the floor beneath the units can be cleaned. 2. Equipment is easily moveable if: a) It is mounted on commercially designed wheels or casters; and b) It has no utility connection, or has a utility connection that disconnects quicHy, or has a flexible utility line of suffrciEnt length to p€rmlt the equipment to be moved for easy cleaning. 3. Grease-Use Equipment. Grease-use equipment, in which fats and oils are utilized as the heat transfer agent or which is used in preparation of foods that produce grease, shall be installed to facilitate cleaning around and beneath the equipment by means of: a) Rollers or casten with a utility connection that disconnects quickly, or has a flexible utility line of sufficient design and length to permit the equipment to be moved for easy cleaning; or b) Mounted on 6 inch (15.24 cm) sanitary legs; or c) Cantilever mormted to the wall at least 6 inches (15.24 crn) above the floor. C. Soace Between Adjoinine Units l. The space between adjoining units, and between or above a unit and the adjacent wall or ceiling, shall be closed unless exposed to seepage, in which ev€nt it shall be sealed; or sufficient space shall be provided to facilitate easy cleaning between, behind, and beside or above all such equipment. (See Figure. I and Figure 2.) 2. Space required between or behind walls or equipment shall be based on the following distances: (See Figure. I and Figure. 2) Colorado Retail Food Establishment Rules And Regulations 6 CCR 101S,2 -30- a) When distance "A" is 2 feet (0.61 M) or less, distance "B" must be at least 6 inches (15 cm). b) When distance "A" is over 2 feet (0.61 M) but less than 6 feet (1.8 M), distance "B" must be at least 12 inches (30 cm). c) When distance'A" is 6 feet (1.8 M) or more, then distance "B" must be at least 18 inches (46 cm). When rollers or casters are installed on equipmenf the space requirements between adjoining units may not apply. FIGURE I FIGURE 2 D. Aisles and Workine Spaces. Aisles and working spaces between units of equipment and between equipment and walls shall be unobstnrcted and of sufflrcient width to permit employees to perform their duties readily without contamination of food or food-contact surfaces by clothing or personal contact. All easily moveable storage equipment such as dollies, skids, racks, and open-ended pallets shall be positioned to provide accessibility to working areas. E. Kick Plates. Removable. Kick plates shall be designed so tlrat the areas behind them are accessible for inspection and cleaning by being: l. Removable by one of tlre methods specified in section 4-201(EXl-3) of these rules and regulations or capable of being rotated open; and 2. Removable or capable of being rotated open without unlocking equipment doors. Colorado Retail Food Establbhment Rules And Regulations 6ccR 1ol'2 -31 - 44 TESTING I}EVICES - CLEANING FACILITIES 4-40f Thermometers Indicating thermometers shall be provided and used. Thermometers with glass sensors and stems encased in a shatterproof coating may be used. A food product thermometer shall be cleaned and sanitized before use or storage. A. *Food product thermometers shall be capable of reading both hot and cold temperatures, and shall have a numerical scale (0o-220oF), printed record, or digital readout in increments no greater than 2"F (l "C). Food product thermometers shall be used to determine required food ternperature(s) and shall be acourate to +2"F (1'C). B. A temperature measuring device that is capable of measuring the temperature of thin masses shall be provided and readily accessible to accurately measure the temperature in thin foods such as meat patties and fish fillets, if this type of food is prepared. C. Ambient air and warewashing thermometers shall have a numerical scale, printed record, or digital readout in increments no greater than 2oF or loC and shall be accurate to *3"F (2"C). D. Each mechanically refrigerated and each hot food storage unit storing potentially hazardous food shall be provided with a numerically scaled indicating thermometer. Thermometers used to measure the air temperature of cold holding units shall be conspicuously located in the upper one-third of the unit. Thermometers used to measure the air tenrperature of hot food storage units shall be conspicuously located in the lower one-third ofthe unit. E. Thermometers shall be calibrated as necessary to ensure their accuracy. F. Where it is impractical to install thermometers on equipment, such as heat lamps, calrod units, or insulated food transport carriers, a food product thermometer, as required in part A of this section, shall be available and used to check internal food temperature. +402 Sanitizing Solutions, Testing Devices A test kit or other device that accurately measur€s the concenfation in parts per million (mg/L) of the sanitizing solution shall be available and used. 4403 Equipment and Utensil Cleaning and Sanitization A. Manual Cleaning and Sanitization l. Except as specified in paragraph 3 of this section, a sink with at least three comparfinents shall be provided for manually washing, rinsing, and sanitizing equipment and utensils. Each compartnrent of the sink shall be supplied with hot and cold potable running water. 2. Sink compartmants shall be selfdraining and large enough to accommodate immersion of the largest equipment and utensils. If equipment or utensils are too large for the sink compartments, a warewashing machine or alternative equipment as specified in paragraph 3 ofthis section shall be used. 3. Altemative manual warewashing equipment may be used when there are special cleaning needs or constraints and the regulatory authority has approved the use of the alternative equipment. Alternative manual warewashing equipment may include: a) High-pressuredetergentsprayers; b) Low- or line-pressure spray detergent foamers; Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 - 32 - 4. c) Other task-specific cleaning equipment; d) Brushes or other implernents; e) Two-compartment sinks as specified under paragraph 4 ofthis section, A two-compartment sink may be used in an existing retail food establishment only if: a) The Department has approved its use; and b) The nature of warewashing is limited to batch operations such as between cutting one tlpe of raw meat and another or cleanup at the end of a shift, where the number of iterns cleaned is limited, and where the cleaning and sanitizing solutions are made up immediately before use and drained immediately after use. *If a detergort-sanitizer is used to sanitize in a cleaning and sanitizing procedwe where there is not a distinct water rinse between the washing and sanitizing steps, then the detergent-sanitizer shall be approved and used according to the manufacturer's specifications. c) A two-compartnent sink may not be used for warewashing operations such as where cleaning and sanitizing solutions are used for a continuous or intermittert flow of kitchenware or tableware in an ongoing warewashing process. In manual warewashing operations, a thermometer shall be provided and readily accessible for frequently measuring the washing and sanitizing temperatures. The temperature of the wash solution shall be maintained at not less than ll0"F (43"C) unless a different ternperature is specified on the cleaning agent manufacturer's label instructions. Approved selfdraining drainboards, or utensil racks large orough to accommodate all soiled and cleaned items that may accumulate during hours of operation shall be provided for necessar5r utensil holding before cleaning and after sanitizing. Alternate approved methods may be used in lieu of the drainboard sizing specified according to the following: Facility Bar Sink Clean Drainboards Soiled Drainboards Eighteen lnches (18") Eighteen Inches (18") (46 cm) (46 cm) Single Service Twenty-four Inches (24") Twenty-four Inches (24") ( 61 cm) ( 6l cm) Multi-use Service Thirty-six Inches (36") Thirty-six Inches (36") (91cm) (91 cm) Equipment and utensils shall be pre-flushed or pre-scraped, and when necessary, pre-soaked to remove gross food particles and soil. When a three-comparhnent sink is utilized for warewashing, the operation shall be conducted in the following sequencel a) The sinla shall be cleaned and sanitized before use; and b) Equipment and utensils shall be thoroughly cleaned in the first comparunent with a hot (not less than ll0"F [43"C]) detergent solufion that is kept clean and at a concentation indicated on the manufacturer's label; and 5. 6. 7. 8. Colorado Retail Food Establishm€nt Rules And Regulations 6 CCR 1010-2 -33- *11. Colorado Retail Food Establishment Rules fuid Regulations 6 CCR 101G2 c) Equipmort and utensils shall be rinsed free of detergent and ab'rasive with clean water in the second compartrnent; and *d) Equipmant and utensils shall be sanitized in the third compartment according to one of the methods included in section 4403 (Axl0)(bd) of the se rules and regulations. *9. When pressure spray methods are utilized for cleaning and sanitizing, the equipmant and utensils shall be thoroughly flushed with a detergent-sanitizer solution tmtil the article is free of food particles and soil. The detergent-s anitiznr shall be used in accordance with the manufactrrer's instructions and shall be of the type that does not require a potable water rinse when used according to those instuctions. * 10. The food-contact surfaces ofall equipmant and utensils shall be sanitized by: a) Immersion for at least % minute in clean, hot water of a temperature of at least 170'F (77"C);ot b) Immersion for at least I minute in a clean solution containing a minimum of 50 parts per million (mgll.) and no more than 200 parts per million (mgil) of available chlorine as a hypochlorite and having a temperature of at least 75"F (24'C); or c) Immersion for at least I minute in a clean solution containing at least 12.5 parts per million (mg/L) of available iodine, having a pH range not higher than 5.0, urless othenvise certified to be effecfive by the manufacturer, and at a temperature of at least 75'F Q4"C); or d) Immersion in a clean solution containing a quatemary ammonia product or any other chernical sanitizing agent allowed under Sanitizers, 2l CFR $178.1010, (2003). e) Treatment with steam that is free from materials or additives other than those specified in 21 CFR $173.310, (2003) in the case of equipment too large to sanitize by immersion, but in which steam can be confined; or f) Rinsrng, spraying, or swabbing with a chemical sanitizing solution containing at least the strength required for that particular sanitizing solution under section 4403(AX10)O through d) of these rules and regulations for equipment too large to sanitize by immersion. When hot watet is used for sanitizing, the following equipment shall be provided and used: a) An integral heating device or fixture installed in, on, or under the sanitizing comparhnent of the sink which is capable of maintaining the water at a temperature ofat least 170'F (77'C); and b) A numerically-scaled indicating thermometer, accurate to +3"F (+2'C), located convenient to the sink for frequent checks of water tenperature; and c) Utensil racks, baskets, or other appropriate means to permit complete immersion of utensils and equipment in the hot water. *12. Chemicals used for sanitization, shall not have concentrations higher than the maximum permitted under Sanitizers, 2l CFR $178.1010, (2003). -u- B.Mechanical Cleaning and Sanitization *1. Cleaning and sanitizing may be done by spray-tlpe, immersion warewashing, or by any other type of machine or device if it is demonsffated that it thoroughly cleans and sanitizes equipment and utensils. These machines and devices shall be properly installed and maintained in good repair. Machines and devices shall be operated in accordance with manufacturer's instructions. Utensils and equipment placed in the machine shall be exposed to all warcwashing cycles. Automatic detergent dispensers, wetting agent dispensers, and liquid sanitizer injectors shall be properly installed and maintained. 2. The pressure of final rinse water supplied to spray-t)?e warewashing machines shall not be less than 15 pounds per square inch (1.05 kg per sq cm) nor more than 25 pounds per square inch (1.76 kg per sq cm) measured in the water line immediately upstream from the final rinse control valve. A l/4 inch (64 millimeters) hon Pipe Size (IPS) valve shall be provided immediately upstream from the final control valve to permit checking the flow pressurre of the final rinse water. In all new installations, a pressure gauge shall be provided for use with the IPS valve. This section does not apply to a machine that uses only a pumped sanitizing rinse. 3. Machine or water-line mounted numerically-scaled indicating thermometers, accurate to * 3"F (* 2'C), shall be provided to indicate the temperature of the water in each tank of the machine and the temperature of the final rinse water as it enters the manifold. 4. Rinse water tanlc shall be protected by bafltes, curtains, or other effecfive means to minimize the entry of wash water into the rinse water. Conveyors in warewashing machines shall be accurately timed to ensure proper exposure times in wash and rinse cycles in accordance with manufacturer's specifications attached to the machines. 5. Self-draining drainboards shall be provided and be large enough to accommodate all soiled and cleaned items. Drainboards or alternate approved equipment shall not be located and constructed in a manner that interferes with the proper use of the warewashing facilities. 6. Equipment and utensils shall be flushed or scraped and, when necessary, soaked to remove gross food particles and soil prior to being washed in a warewashing machine unless a pre-wash cycle is a part of the warewashing machine operation. Equipment and utensils shall be placed in racks, trays, or baskets, or on conveyors, in a way that exposes food-contact surfaces to the unobstructed application of detergent wash and clean rinse waters, and that permits free draining. 7 . Chemical sanitizing warewashing machines (single-tanlq stationary-tanh door-type machines, and spray-type glass washers) may be used provided that: a) The temperature of the wash water shall not be less than 120'F (49'C); b) The wash water shall be kept clean; and c) Chemicals added for sanitization purposes shall be automatically dispensed; and *d)Utensils and equipment shall be exposed to the final chemical sanitizing rinse in accordance with the manufacturer's specifications for time and concentration; and Colorado Retail Food Establishment Rules A'rd Regulations 6 CCR 1010-2 -35- *e) The chemical sanitizing rinse water temperature shall not be less than 75"F (24"C) nor less than the temperature specified by the machine's manufacturer; and *f) Chemical sanitizers shall meet the requirernents specified in 2l CFR $1 78. I 010, (2003) Sanitizing solutions. *8. Hot water sanitizing warewashing machines may be used, provided that wash water and pumped rinse water is kept clean and the wash solution tenperature is maintained at not less than the temperatures stated in this section, 4403(BXBXa-e) of these rules and regulations. Achieving a utensil and/or equipment surface temperature of 160'F (71"C) is an acceptable means of testing the sanitization process of a hot water sanitizing warewashing machine. a) Single-tank,stationary-rack, dual-temperature machines: Wash temperaturt 150'F (66"C) b) Single-tanl stationary-raclg single-tanperaturemachine: Wash tenrperahre 165'F (74'C) c) Single-tanlq conveyor machine: Wash temperature 160'F (72"C) d) Multi-tank, conveyor machine: Wash temperature 150"F (66'C) Pumped rinse tenperature 160'F (72"C) e) Single-tanlq pot, pan, and utensil washer (either stationary or moving rack) Wash temperature 140'F (60"C) 9. Mechanical Wrewashing Equipment, Hot Water Sanitization Temperatures In mechanical warewashing machines the ternperature of the fresh hot water sanitizing rinse as it enters the manifold ilray not be more than 194'F (90"C), or less than: a) For a stationary raclg single temperature machine, 165"F (74"C); or b) Forall othermachines 180'F (82"C). 10. All warewashing machines shall be thoroughly cleaned daily and as needed to maintain them in a satisfactory operating condition. 1 l. A warewashing machine shall be provided with an easily accessible and readable data plate affixed to the machine which includes: a) Temperatures required for washing, rinsing, and sanitizing; b) Pressure required for the fresh water sanitizing rhse unless the machine is desigred to use only a pumped sanitizing rinse; c) Conveyor speed required for conveyor machines or cycle time required for stationary-rack rnachines; and d) Required type and concentration of sanitizing solutions. Colorado Retail Food Establishment Rules And Regulatons 6 CCR 101G2 -36- 4404 4405 Colorado Ratail Food Establishment Rules And Regulations 6 CCR 1010-2 Drying Unless used immediately after sanitization, all equipment and utensils shall be airdried. Towel drying shall not be permitted. Utensils that have been air-dried may be polished with cloths which are maintained clean and drv. Food Establishments Witlout Cleaning Facilities Retail food establishments that do not have facilities for proper cleaning and sanitizing of utensils and equipment shall not prepare food, package food, or dispense unpackaged food other than whole, uncut raw fruits, raw vegetables, and whole nuts in the shell. Food-Contact Surfaces of Equipment and Utensils A. Equipment food+ontact surfaces and utensils shall be clean to sight and touch. B. UtEnsils and food-contact surfaces of equipment shall be cleaned and sanitized: l. Except as specified in pmagraph B ofthis section, before each use with a different type ofraw animal food, such as beef, fish, lamb, pork, or poultry; 2. Each time there is a change from working with raw animal foods to working with ready-to-eat foods; 3. Between uses with raw fruits or vegetables and with potentially hazardous food; 4. At any time during the operation when contamination may have occurred; and 5. After final use eachworking day. +C. Where equipment and utensils are used for the preparation of potantially hazardous foods on a continuous or production-line basis, utensils and the food-contact surfaces of equipmant shall be cleaned and sanitized at intervals not to exceed four (4) hours. Utensils and equipment used to prepare food in a refrigerated room or area that is maintained at one ofthe temperatures in Figure 3 and the utEnsils and equipment are cleaned at the frequency in the following figure that corresponds to the temperature: Iempersturj eleanine-Ercquercv 4loF (5.0oC) or less 24 hours >41oF - 45oF (>5.0"C - 7.2oC)20 hours xsoF - 50oF (>7.2"C - 10.0'c)16 hours xooF - 55oF (>10.0oc - l2.Eoc)10 hours D. The food-contact surfaces of cooking devices, baking equipment and the cavities and door seals of microwave ovens shall be cleaned at least ev€ry 24 horns . This shall not apply to hot-oil cooking equipment and hot-oil filtering systems. The food-contact surfaces of all cooking equipment shall be kept free of encrusted grease deposits and other accumulated soil. -37 - +446 4407 Nonfood-Contact Surfaces Nonfood-contact surfaces of equipment, including transport vehicles, shall be cleaned as often as necessary to keep the equipment free from the accumulation of dust, dirt, food particles, and other debris. Dry Equipment Cleaning Methods Dry equipment cleaning methods, such as brushing, scraping, and vacuuming shall contact only srufaces that are soiled with dry food residues that are not potentially hazardous; this cleaning equipment shall not be used for any other purpose. 4.5 LAUNDRY FACILITIES +50f LaundryFacilities A. If provided, laundry facilities shall be restricted to the washing and drying of linens and work clothes used in the operation. If such iterns are larmdered on the premises, an elecfic or gas dryer shall be provided and used, except that it is not necessary to provide an electric or gas clothes dryer given that: l. On-premise laundering is limited to wiping cloths intended to be used moist, and 2. The laundered wiping cloths are stored in an approved sanitizing solution; or 3. The laundered wiping cloths are air-dried in a laundry roorn or other approved locations. B. Laundry facilities shall not be located in food preparation areas. If located in food storage areas, it shall be operated in a marmer that prevents the contamination of food, equipment, utensils, linens, single-service and single-use articles and wiping cloths. C. Soiled linens shall be kept in clean, nonabsorbent receptacles or clean, washable laundry bags. Soiled linens shall be stored and fransported to prevent contamination of food, clean equipment, clean uiensils, single-service and single-use articles. EQUIPMENT AND UTENSIL IIAIIDLING AI\ID STORAGE +601 Equipment and Utensil Storage Cleaned and sanitized equipment and utensils shall be handled in a way that protects them from contamination. Spoons, lmives, and forks shall be touched only by their handles. Cups, glasses, bowls, plates, and similar items shall be handled without contact with inside surfaces or surfaces that contact the user's mouth. Cleaned and sanitized utensils and equipment shall be stored at least 6 inches (15.24 cm) 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 shall also be protected from contamination. $quipment and utensils shall not be placed under sewer lines or water lines that are not protectd to intercept potential drips, including leaking automatic fire protection sprinkler heads, or under lines on which water has condensed. Utensils shall be airdried before being stored or shall be stored in a selfdraining position. Glasses and cups shall be stored inverted. Other stored utensils shall be covered or inverted" wherever practical. Facilities for the storage of knives, forks and spoons shall be designed and used to present the handle to the onployee or consumer. Unless tableware is pre- Colorado Retail Food Establishment Rules And Regulations 6 CCR 10rG.2 4-6 A. B. c. D. -38- wrapped, holders for knives, forks and spoons at self-service locations shall protect these articles from contamination and present the handle of the utensil to the consumer. +602 Single-Service and Single.Use Articles A. Single-service articles shall be stored at least 6 inches (15.2 cm) above the floor in closed cartons or containers which protect them from contamination. They shall not be placed tmder exposed sewer lines or water lines, except for automatic fire protection sprinkler heads that may be required by law. B. Single-service articles shall be handled and dispensed in a manner that prevents contamination of surfaces which mav come in contact with food or with the mouth of the usef. C. Single-service knives, forks, and spoons packaged in bulk shall be inserted into holders or be wrapped by employees who have washed their hands imrnediately prior to sorting or wrapping the utensils. Unless single-service knives, forks, and spoons are pre-wrapped or prepackaged, holders shall be provided to protect these items from contamination and present the handle of the utensil to the consumer. D. Single-service and single-use articles may not be reused. E. Mollusk and crustacea shells may not be used more than once as serving containers. ,l-603 PresetTableware Tableware may be preset if: A. It is protected from contamination by being wrapped, covered or inverted; B. It is exposed and unused settings are removed when a consumer is seated; or C. It is exposed and unused settings are cleaned and sanitized before further use, ifthe settings are not removed when the customer is seated. Colorado Retail Food Establbhment Rules And Regulatiotls 6 CCR 1010-2 -39- CHAPTER 5 WATER, PLUMBING, AND WASTE 5-1 WATER SUPPLY *$101 General A. Adequate, uncontaminated, safe potable water for the needs of the retail food establishment shall be provided from a source consfiucted, maintained, and operated according to the Colorado Primary Drinking Water Regulatiot,.r and regulations adopted pursuant to Title 25- 1.5-203 C.R.S.- or I . If the retail food establishment does not meet the definition of a public water systan pursuant to article I .2.2(48) of the Colorado Primary Drinking Water Regulatiots, the retail food establishment shall provide adequate treatment on a continuous basis and bacteriological samples at a minimum of once per quarter or at a frequency determined by the Department and; 2. Retail food establishments with water supplies determined to be surface water or under the influence of surface water shall be required to filter their water to lpm (micron) using National Sanitation Foundation aprproved equipment to ensure inactivation and/or removal of giardia and viruses, and maintaining a residual disinfectant concentration. *5-102 System Flushing and Disinfection A drinking water system shall be flushed and disinfected before being placed in service after construction, rcpair, or modification and after an emergency situation, such as a flood, that may introduce contaminants to the system. *5-103 Bottled Drinking Water Bottled drinking water used or sold in a retail food establishment shall be obtained from approved sources in accordance with Processing and Bottling of Bonled Drinking Water, 2l CFR $129, (2003). *5-104 Transportation All potable water not provided directly by pipe to the retail food establishment from the source shall be hansported in a bulk water transport system and shall be delivered to a closed-water system. Both of these systems shall be constucted and operated according to law. *5-105 Non-PotableWater A non-potable water system is permitted for air conditioning, equipmort cooling, and fire protection, and shall be installed according to law. Non-potable water shall not directly or indirectly contact food or equipment or utensils that contact food. The piping of any non-potable water system shall be identified so that it is readily distinguishable from piping that carries potable water. Colorado Retail Food Establishmenl Rules And Regulations 6 CCR 101G2 -40- *5-106 Pressure and Temperature Water under pressure of at teast I 5 pounds per square inch (psi) ( I .05 kg per sq. cm) at the required ternperature shall be provided to all fixtures and equipment that use water. *5-107 Hot Water Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the retail food establishment. (see Appendix D) *5-108 Steam Steam used in contact with food or food-contact surfaces shall be free from any unsafe materials or additives not listed in Specific Usage Additives, 2l CFR $173.310, (2003) (see Appendix E). 5-2 PLUMBING SYSTEM 5-201 General Plumbing shall be sized, installed, and maintained in accordance with applicable state and local plumbing codes, ordinances, regulations, and standards. There shall be no unprotected cross- connection between the potable water supply and any non-potable water supply, nor any sources of contamination. Plumbing shall be designed and constructed according to the 2000 Uniform Plumbine Code. Where local building deparknents have adopted codes equivalent or more stringent than the above, those codes shall apply. *5-202 Backllow General The potable water system shall be constructed to prevert bacldlow. Devices or assemblies shall be installed to prevent backflow at all fixtures or appliances. Inlets to tanla, vats, garbage disposals, troughs, fixtures and equipment with submerged inlets shall be protected by an approved vacuum breaker located on the discharge side of the last valve not less than 6 (six) inches (154.a mm) above the overflow rim of such equipment, or with an approved air gap at the inlet. Where utilized, an air-gap separation shall be a minimum vertical distance of twice the potable water outlet diameter between the outlet and the fixture's flood level rinu but shall not be less than I inch (25.4nmr). No hose shall be attached to a potable water outlet that is not equipped with a suitable backflow prevention device. Backllow prevention devices or assemblies shall be installed for service and maintenance access. Any discharge from a backflow preventer shall be visible and discharged indirectly to the sanitary sewer. Back{low Prevantion Device, Carbonator The potable water supply to carbonated beverage dispensers shall be protected from bacldlow by at least one of the following methods: 1. An approvedairgap; or 2. A vented and screened dual check valve consfiucted of stainless steel or other material impervious to attack by carbonated water, specifically desigred to control the bacldlow of carbonated water from a soda carbonator, and installed downsteam of any copper or copper alloy pipe or fixture; or 3. A reduced pressure zone backllow prevention assembly constructed of stainless steel or other material impervious to attack by carbonated water. Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 B. -41 - 5-203 Conditioning Device, Design A water filter, screen, and other water conditioning device installed on water lines shall be designed and located to facilitate disassembly for periodic servicing and cleaning. A water filter element shall be ofthe replaceable type. 5-204 Grease Trap / Grease Interceptor Ifrequired by the local building, water or sanitation authority, when possible, a grease trap or grease interceptor should be located outside the establishment. When installed inside the establishment, a grease trap or grease interceptor shall be located away from the food preparation area and be easily accessible for cleanine. 5-205 Garbage Grinders A. In new or extensively remodeled retail food establishments, garbage grinders and/or disposers, if used, shall be installed at the warewashing or food preparation sink, warewashing machine, or as an isolated unit. The installation will be approved under the following conditions: Shall not be installed in the basin of a sink; B. Shall be directly cormected to the sanitary sewer; or C. If installed in the drainboard of a food preparation sink the drainboard shall be equipped with an indirectly drained scupper/scrap basket or similar device to prevent contamination of food-contact surfaces. A second approved eighteen inches ( I 8") (46 cm) selfdraining drain board or altemate approved methods shall be provided to prev€nt cross-contamination of food. *5-2116 Drainage Of Equipment. A. Warewashing machines, refrigerators, warewashing sinks, food/vegetable preparation sinks, steam kettles, potato peelers, ice bins and ice machines, and similar tlpes of equipment in which food, portable equipmant or utensils are placed shall be indirectly connected to the waste line and shall drain into an approved receptor of such size, shape, and capacity to prevent splashing or flooding. The receptor shall be readily accessible for cleaning and inspection. B. Warewashing sinks and dishmachines may be directly connected to the plumbing waste system provided there is a floor drain or floor sink installed within 5 feet (1.5 M) immediately downsheam of the sink waste line, and the fixture shall be connected on the sewer side of the floor drain or floor sint and no other fixtures are connected to the waste line. The fixture and floor drain shall be happed and vented as required by the 2000 Uniform Plumbine Code orlghere local building departmerts have adopted codes equivalent or more stringent tlran the above, those codes shall apply (see Figure3). C. In new or extensively remodeled food establishments, each walk-in refrigerator used for iced products, hangtng meats or which requires flushing shall either be equipped wilh a floor drain installed only with indirect waste and discharged t}rough an air gap into an approved receptor or constructed so all parts of the floor of such walk-in refrigerator shall be graded to drain to the outside of the refrigerator through a waste pipe, doorway or other opening. Colorado Retail Food Establishment Rules And Reguhtions 6 CCR 1010-2 -42- IEXT PIPIIIG Co|ICEAIED IN WALL r AATE 'IIROUOHtfal vvtTH BscutcHEotl cLE }{OUT a DrRtct Dil[{FI'OR DRAIII Dtalrt to oiEAsEt|lBCEft€t FIGI]RE 3 5-207 DrainageSystemlnstallation Drain lines from equipment shall not discharge wastewater in a manner that permits the flooding of floors, or the flowing of water across working or walking areas, or into difficult+o-clean areas that create a nuisance. 5-208 Ilandwashing Lavatory, Water Temperahre, and Flow Fixtr.nes. The number of fixtures shall comply with the requirements of the plumbing code adopted by the respective local jurisdiction, or in the absence of such local requirernorts with the minimum plumbing fixtures listed in the 2000 Uniform Plumbine Code, table 4-1. Accessibilitv. Handsinks shall be conveniently located to anployees involved in food and utensil handling. Handsinks shall be unobstructed and accessible to employees at all times and used only for handwashing. Sinks used for food preparation or for washing equipment shall not be used for handwashing. Handsinks used for toilet rooms shall be located in the toilet roorns. *C. Lavato(v Facility Faucets. Each handsink shall be provided with hot (minimum of 90oF [35oC]) and cold rvater tempered by means of a mixing valve or combination faucet. Any self-closing, slow-closing, or metering faucet used shall 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 at handsinks. D. *A supply of hand-cleansing soap or detergent shall be available at each handsink. *A supply of disporsed sanitary towels, disposable towels, or a hand-drying device providing heated air shall be conveniently located near each handsink. *Common towels are Colorado Retail Food Establishment Rule.s And Regulalions6ccR1olG2 -4g- ,rA. +8. prohibited. If disposable towels are used, easily cleanable rffaste receptacles shall be convaniently located near the handsinks. E. Handsinks, soap dispensers, hand-drying devices and all related fixtures shall be kept clean and in good repair. U209 Toilets and Urinals Toilet facilities shall be installed according to law, shall be the number required by law, shall be conveniently located, and shall be accessible to employees and patrons. Separate toilet facilities shall be required for each sex in establishments with seating capacity in excess of 15 patrons or more than 15 employees. In all new or extensively remodeled retail food establishments, these facilities shall be installed to comply with the requirements of the Plumbing Code adopted by the respective local jurisdictions, or in the absence of such local requirernents, with the minimum numbers of plumbing frxtures listed in the 2000 Uniform Plurnbine Code, table 4-1. Separate toilet facilities arc not required for each sex in places of 15 or fewer seating capacity for patons, or 15 or fewer employees where there is no seating capacity, provided the toilet is a single occupancy facility and the door can be secured from the inside. Ifa separate men's toilet room is installed and it is a single occupancy toilet roorq unless otherwise required by the local jurisdiction, a urinal is not required if the total seating capacity does not exceed 100. Retail food establishments with no space on the premises for consumption of food by patrons are required to provide toilet facilities only for employees. Patron facilities shall be available where parking is provided primarily for consumption of food on the prernise. In all new or extensively remodeled retail food establishments where parking is provided primarily for consumption of food on the premise, the nrmrber of necessary fixtures shall comply with the minimum plumbing fxtures required by the Plumbing Code adopted by the respective local jurisdiction, or in the absence of such local requirements, with the numbers listed in the 2000 Uniform Plumbine Code, table 4-1. Employees and patrons may use the same toilet facility provided that patrons have access to them without entering the food preparation, food storage, or warewashing or utensil storage areas of the e stablishment. Public toilets in multiple activity areas such as shopping centef,s, sports centers, etc., may suffice for the use of retail food establishment patons and employees, if fixtures are provided in adequate numbers conveniently located to the retail food establishment and available at all times the retail food establishment is in operation. Toilet facilities, including toilet fixtwes and any related vestibules, shall be kept clean and in good repair. A supply of toilet tissue in a permaneltly mounted dispanser shall be provided at each toilet at all times. Easily cleanable receptacles shall be provided for waste materials. Receptacles shall be emptied at least once a day, and more frequently whor necessary to Drevert excessive accumulation of waste material. t210 Utility Facility A. ln new or extensively remodeled retail food establishments, at least one conveniently located utility sink or curbed cleaning facility with a floor drain and hot and cold water shall be provided and used for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water or similar liquid wastes. Colorado Retail Food Establishment Rules And Regulatiom 6 CCR 1010-2 -M- 'fA. B. c, D. F. G. B. Suitable cleaning equipment and sup'plies, such as high pressure pumps, hot water, steam, and detergent, shall be provided as necessary for effective cleaning of equipment and receptacles for refuse, recyclables, and retumables. If approved by the regulatory authority, off-premise cleaning services may be used. *C. A utility sink cannot be used for food preparation or warewashing. A utility sink cannot be used for handwashins in new or extensivelv rernodeled retail food establishmants. *5-211 Sewage All sewage shall be disposed of by a sewage disposal system constucted, maintained and operated according to law. *5-212 Water Reservoir of Fogging Devices, Cleaning A. A resenoir used to supply water to a device, such as a produce fogger shall be: l. Installed and maintained in accordance with manufacturer's specifications; and 2. Cleaned in accordance with manufacturer's specifications or according to the procedures specified in Paragraph B of this section, whichever is more stringent. B. Cleaning procedures shall include at least the following steps and shall be conducted at least once a week: I . Draining and complete disassembly of the water and aerosol contact parts; 2. Brush-cleaning the resenroir, aerosol tubing, and discharge nozzles with a suitable detergent solution; 3. Flushing the complete systern with water to rlemove the detogent solution and particulate accumulation; and 4. Rinsing by immersing, spraying, or swabbing the reservoir, aerosol tubing, and discharge nozzles with at least 50 ppm (mg/L) hypochlorite solution. REFI'SE, RECYCLABLES, AI{D RETURNABLES Containers Garbage and refuse shall be held in durable, easily cleanable containers that do not leak and do not absorb liquids. Plastic bags and/or wet strength paper bags shall be used to line these containers. Such bags and durable plastic garbage and refuse containers shall be used for storage inside the food establishment. Containers stored in food preparation and utensil washing areas shall be emptied when full. Containers stored outside the food establishment, including dumpsters, compactors, and compactor systems, shall be easily cleanable, shall be insect and rodent-proof, shall be provided with tight-fitting lids, doors, or covers, and shall be kept covered when not in actual use. Containers desigred with drains, drain plugs shall be in place at all times, except during cleaning. There shall be a sufficient number of containers to hold all the garbage and refuse that accumulates. Soiled containers, including dumpsters, cornpactors, and compactor syst€ms, shall be cleaned at a frequency to prevent insect and rodent attraction. Each container shall be thoroughly cleaned on the inside and outside in a way that does not contaminate food, Colorado Retail Food Establishment Rules And Regulations 6 CCR 101G2 5-3 B. c. D. -45- equipment, utensils, or food preparation areas. Suitable facilities, detergent, and hot water or steam, shall be provided and used for cleaning containers. Liquid waste from compacting or cleaning operations shall be disposed ofas sewage. 5-302 Storage Garbage and refuse, on the prernises, shall be stored in a manner to be inaccessible to insects and rodents. Cardboard or other packagrng material not containing garbage or food wastes need not be stored in covered contaiaers provided such materials do not create a nuisance. Garbage or refuse storage rooms and recycling areas if provided, shall be constructed of easily cleanable, nonabsorbent, washable materials, shall be kept clean, and shall be insect and rodent resistant. These areas shall be large enough to store all garbage and refuse containers. Outside storage areas or enclosures, if provided, shall be kept clean and shall be large anough to store all the garbage and refuse containers. Garbage and refuse containers, dumpsters, and compactor systems located outside, shall be stored on a smooth surface of nonabsorbenl material, such as conqete or rnachinelaid asphalt tttat is k€pt clean and maintained in good repair. 5-303 Disposal Garbage, refuse and recyclable materials shall be removed often enough to prevent the development of objectionable odors and the attraction of insects and rodents. Where garbage or refuse is burned on the prernises, it shall be done by contolled incineration in accordance with the law. Areas around incineration units shall be kept clean and orderly. 5-304 Storage Areas, Redeeming Machines, Equipment, and Receptacles, Location An area desigrated for refuse, recyclables, returnables and, a redeeming machine for recyclables or retumables, except as specifred in Paragraph B of this section, shall be located separate from food, equipment, utensils, linens, and single-service and single-use articles, and a public health nuisance is not created. A redeeming machine may be located in the packaged food storage area or consumer area of a retail food establishment if food, equipment, utensils, linens, and single-service and single- use articles are not subject to contamination from the machines and a public health nuisance is not created. The location of equipment and receptacles for refuse, recyclables and retumables may not create a public health nuisance or interfere with the cleaning of adjaceirt space. Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 A. B. C. B. A. B. c. -46- CHAPTER 6 PHYSICAL FACILITIES Gl FLOORS G101 FloorConstruction A. Floors and floor coverings in all food preparation, food storage, warewashing areas, walk-in refrigeration units, dressing rooms, locker rooms, utility sink areas, toilet rooms, garbage rooms, and around permanently installed buffets, salad bars and soft drink dispensers shall be constructed of smooth, durable, nonabsorbent material and shall be maintained in good repair. Areas subject to spilling or dripping ofgrease or fatty substances shall be ofgrease- resistant material. Nothing in this section shall prohibit the use of anti-slip floor coverings in areas where necessary for safety reasons. B. Floors which are water flushed or which receive discharges of water or other fluid wastes or are in areas where pressure spray methods for cleaning are used, shall be provided with properly installed trapped drains and graded to drain. kr all new establishmelts, floor drains and floor sinks shall be installed to be accessible for cleaning. 6-102 Floor Carpeting Carpeting, if used as a floor covering, shall be of closely-woven construction, properly installed, easily cleanable, and maintained in good repair. Carpeting shall not be used in food preparation, warewashing, food storage, utility sink areas, or in toilet room areas where urinals or fixtures are located. Carpeting is permitted in the retail sales area provided it is maintained in good repair and kept clean. Gl03 Utility Line Installation Exposed utility senrice lines and pipes shall be installed in a way that does not obstruct or p'revent cleaning of the floor. In all new or extensively remodeled food establishments, installation of exposed horizontal utility service lines and pipes on the floor is prohibited. Gf 04 Floor Junctures All floors installed in food preparation, food storage and warewashing areas, and in walk-in refrigerators, dressing or locker rooms, utility sink areas, and toilet rooms, shall provide a coved juncture between the floor and wall. In all cases, the juncture between the floor and wall shall be closed and sealed. 6-105 Prohibited Floor Covering Cardboard, newspapers, sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials shall not be used as floor coverings; however, these materials may tr used in amounts necessary for immediate spot clean-up of spills or drippage on floors. Gf06 Mats and Duckboards Mats and duckboards shall be designed to be removable, easily cleanable, and maintained in good repalr. Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 -47 - G2 WALLS AND CEILINGS 6-20t Construction Walls, wall coverings, and ceilings shall be designed, constructed and installed to be smooth and easily cleanable. Except for in dry storage units, walls, including non-supporting partitions, wall coverings and ceilings of walk-in refrigerating units, food preparation areas, food storage areas, equipment-washing and warewashing areas shall be smooth, nonabsorbent, easily cleanable, and maintained in good repair. Concrete or pumice blocks used for interior wall construction in these locations shall be fmished and sealed to provide an easily cleanable surface. Acoustical material, free of porous perforations, smooth and durable enough to be washed w"ith a cloth or sponge, may be used. Walls, including non-supporting partitions and wall coverings in toilet rooms shall be smooth, nonabsorbort, and easily cleanable. Porous acoustical ceilings are permitted in toilet rooms and their vestibules. 6202 Attachments,ExposedConstruction Except as specified in Paragraph C of this section, attachmerts to walls and ceilings such as light fixtwes, mechanical room ventilation system components, vent covers, wall-mounted fans, decorative items, and other attachments shall be easily cleanable. Studs, joists, and rafters shall not be exposed in those areas listed in section G20l(B) of these rules and regulations. If exposed in other rooms or areas, they shall be kept clean, In consumer and backbar areas where limited food preparation occurs, wall and ceiling surfaces and decorative items and attachments that are provided for ambiance need not meet this requirement if they are kept clean. Exposed utility service lines and pipes shall not obstruct or prevent cleaning of walls and ceilings. Utility service lines or pipes shall not be urmecessarily exposed on walls or ceilings in those areas listed in section 6-201(8) ofthese rules and regulations. G3 LIGHTING 6-301 Ligbt Intensity Permanently fixed artificial light sources shall be installed to provide at least 50 foot candles (330 lux) oflight on all food preparation surfaces and at warewashing work levels. Permanently fixed artificial light sources shall be installed to provide, at a distance of 30 inches (76.2 cm) from the floor: l. At least 20 foot candles (220 lux) of light in sales areas, utensil and equipment storage areas, and in lavatory and toilet areas; and 2. At least 10 foot candles (l l0 lux) of light throughout walk-in refrigeration units, dry food storage areas, and in all other areas. 6-302 Light Bulbs, Protective Shielding Except as specified in paragraph B ofthis section, light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is exposed food, clean equipment, utensils, linens, or unwrapped single-service and single-use articles. Shielded, coated or otherwise shatter-resistant bulbs are not required in areas used only for storing food in unopened packages if: Colorado Retall Food Establishment Rules And Regulations 6 CCR 101e.2 B. B. c. D. B. A. B. -48- l. The lntegrity ofthe packages cannot be affected by broken glass falling onto thern; and 2. The packages are capable ofbeing cleaned of debris from broken bulbs before the packages are opened. C. An infrared or other heat lamp shall be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face ofthe bulb is exposed, 64 OPERATION AND MAINTENAI\CE 6-401 Cleaning Physical Facilities A. Cleaning of floors, walls, and ceilings shall be done as needed, p'referably during periods when the least amount of food is exposed, such as after closing. B. Only dustless methods for cleaning floors, walls, and ceilings shall be used, such as vacuum cleaning, wet cleaning, treated dust mops, or the use of dust-arresting sweeping compounds withbrooms. C. Floors, mats, duckboards, walls, ceilings, and attachmants (e.g., tight fixtures, vent covers, wall and ceiling mounted fans, and similar equipment), and decorative materials (e.g., signs and advertising materials), shall be kept clean. Mop water shall be changed frequently. 6-402 Cleaning Equipment Storage. Maintenance and cleaning tools, such as b'rooms, mops, vacuum cleaners, and similar equipment, shall be maintained in good repair and stored in a way that does not contaminate food utensils, equipment, or linens. Maintenance and cleaning tools shall be stored in an orderly manner to facilitate the cleaning of the storage area. 6-5 PREMISES 6-501 General A. Retail food establishments and all parts of the property used in connection with operations of the retail food establishment shall be kept free of litter and shall comply with local ordinances. B. The outdoor walking and driving areas shall be surfaced with concrete, asphalt, gravel or other materials that have been effectively treated to minimize dust, facilitate maintenance, and minimize muddy conditions. These surfaces shall be graded to drain and kept free of litter. Exterior surfaces of buildings shall be of weather-resistant materials and shall comply with law. C. Only articles necessary to the operation and maintenance of the retail food establishment shall be stored on the premises. G502 Living Areas No retail food establishment operation shall be conducted in any area used as living or sleeping quarters. A retail food establishnrent operation shall be separated from any living or sleeping quarters by complete partitioning and solid, self-closing doors, and shall comply with local requirements. Colorado Retail Food Eslablishment Rules And Regulaiiom 6 ccR 1o1o-2 - 49 - CHAPTER 7 POISONOUS OR TOXIC MATERIALS 7.I LABELING AND IDENTIFICATION *7-101 ldentifying Information, Prominence Containers of poisonous or toxic materials and personal care items shall bear a legible manufacture/s label. *7-102 Name Working containers used for storing poisonous or toxic material, such as cleaners and sanitizers taken from bulk supplies, shall be clearly and individually identified with at least the name of the material. *7-103 Separation Poisonous or toxic materials shall be stored so they do not contaminate food, equipment, utensils, linens, or single-service and single-use articles by: A. Separating the poisonous or toxic materials by spacing or partitioning; and B. Locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-service or single-use articles. Except that equipment and utensii cleaners and sanitizers may be stored in warewashing areas for availability and convenience if such materials are stored to prevent contamination of food, equipment, utensils, linens, or single-service and single-use articles. C. Poisonous or toxic materials stored or displayed for retail sale shall be separated from food and single-service articles by spacing, partitioning, or dividers. These materials shall not be stored or displayed above food or single-service articles. *7-104 Restriction A. Only those poisonous or toxic materials required for the operation and maintenance of a retail food establistrment, such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents, shall be allowed in a retail food establishment. B. Paragraph A of this section does not apply to packaged poisonous or toxic materials that are for retail sale. *7-105 Use of Materials A. Sanitizers, cleaning compounds, or other compormds intended for use on food-contact surfaces shall not be used in a way that leaves a toxic residue on such surfaces. B. Poisonous or toxic materials shall 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. *7-106 Food Containers A container previously used to store poisonous or toxic materials shall not be used as a food contact surface. A container previously used to store food shall not be used as a container to store toxic materials. Colorado Retail Food Establishment Rules And Regulalions 6 CCR 101G2 -50- *7-107 Chemicals for Washing Fruits and Vegetables, Criteria Chemicals used to wash whole fruits and vegetables shall meet the requirements of Chemicals Used kr Washing Or To Assist In The Lye Peeling Of Fruits And Vegetables, 2l CFR $ 173.315, (2003). *7-108 Boiler Water Additives, Criteria Chemicals used as boiler water additives shall meet the requirements specified in Boiler Water Additives,2l CFR $173.310, (2003) (see Appendix E). *7-109 Drying Agents, Criteria Dr5ring agents used in conjunction with sanitization shall be approved by the Department. *7-ll0 PersonalMedications Only those medications necessary for the health of enrployees shall be present in the retail food establishment. Medications and cosmetics shall be stored in properly labeled containers and located so that food and food-contact surfaces of equipment, utensils, linens, single-service and single-use articles cannot be contaminated. Medications requiring refrigeration and stored in a food refrigerator shall be properly identified, double packaged and located on the lowest shelf. This paragraph does not apply to medications that are stored or displayed for retail sale. *7-111 First Aid Supplies First aid supplies shall be properly labeled and stored in a way that prevents them from contaminating food and food-contact surfaces, equipment, utensils, linens, single-service and single-use articles. Colorado Retail Food Establishment Rules And Regulations 6 CCR 101G2 -51 - CHAPTER 8 INSECT, RODENT AND ANIMAL CONTROL 8.1 PREVENTION &f 0f Outer Openings, Protected A. Openings to the outdoors shall be protected against the entry ofinsects and rodents by: 1. Closed, tight-fitting windows; and 2. Solid self-closing, tight-fitting doors; or B. If windows or doors are kept open, the openings shall be protected against the entry of insects and rodents by: 1. 16meshto I inch(16meshto25.4mm)screens, 2. Properly designed and installed air curtains to conhol flying insects, or 3. Other effective means. C. Paragraph B ofthis section does not apply in customer areas if flying insects and other pests are absent due to the locafion of the retail food establishment, the weather, or other limiting conditions. D. Doors used only for delivery or emergency exit are not required to be equipped with self- closing devices, but shall rernain closed at all other times. E. All foundations shall be rodent-proof. Openings between the floor and bottom of outer doors, when closed, shall be no greater than one-fourth inch (l/4") (0.635 cm). *8-102 ControllingPests A. Insects, rodents, and other pests shall be confolled as specified in Paragraph B of this section to minimize their presence: l. Within the physical facility and its contents; and 2. On the contiguous land or property under the confiol ofthe retail food establishment generator. B. The presence of insects, rodents, and other pests shall be controlled by: 1. Routinely inspecting the premises for evidence ofpests; 2. Using methods, if pests are found, such as trapping devices or extermination. 3. Eliminatingharborageconditions. &103 Insect Control Devices, Design and Installation A. Devices used to elechocute flying insects and that may impel insects or insect fragmants shall be: l. Designed to have escape-resistant trays; and 2. Installed so that: a) The devices are not located over a food preparation area; and Colorado Retail Food Establishment Rules And Regulalions 6 ccR lol*2 -sz- b) Dead insects and insect fragments are prevented from falling on or being impelted onto exposed food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles. B. Devices used to fiap insects by adherence may not be installed above exposed food, clean equipment, utensils, linens, or unwrapped single-service and single-use articles unless the device is designed to completely contain the trapped insects. *8-104 PesticideApplication A. Only pesticides registered for application in a food establishment are permitted and shall be applied according to label directions. B. A pesticide shall be applied so that direct or indirect contact with food, equipmort, utansils, linens, and single-service and single-use articles is prevented by protecting those items as follows: l Removing the iterns; 2. Covering the iterns with impermeable covers; or 3. Taking other appropriate preventive actions; and 4. Cleaning and sanitizing equipment and utensils after the application ofa pesticide. C. Bait shall be contained in a covered tamper-proof bait station. D. Tracking powders may not be used in a retail food establishment. *8-105 Removing Birds, Insects, Rodents, and Other Pests Birds, insects, rodents, and other pests shall be rernoved from contol devices and the prernises at a frequency that prevents their accumulation, decomposition, or the attraction ofpests. *8-106 Prohibiting of Animals A. *Live animals shall be excluded from within the food establishment. This exclusion does not apply to edible fish, crustacea, shellfish or fish in aquariums. Live or dead fish bait shall be stored separately fiom food or food products. *Patol dogs accompanying security or police officers shall be permitted in offices, storage areas and outside storage areas and outside establishment premises. *Sentry dogs may be permitted to run loose in outside fenced areas for security rensons. Guide and service animals accompanying blind, visually handicapped, partially deaf or otherwise disabled persons or animals training for this purpose shall be permitted in customer and office areas. '!B. While on duty, persons employed in the food operational areas of a retail food establishment t shall not care for or handle any pets, or patrol/sentry dogs. Colorado Retail Food Establishment Rules And Regulations 6 CCR 101G2 -53- CHAPTER 9 MOBILE RETAIL FOOD ESTABLISHMENTS OR PUSHCARTS 9.1 MOBILE RETAIL F'OOD ESTABLISHMENT 9-101 General Mobile retail food establishmants or pushcaf,ts shall comply with the requirements of these rules and regulations except as othenvise provided in this chapter. The Deparhnent may impose additional requirements to protect against health hazards related to the conduct of the mobile retail food establishment and may prohibit the sale of any potentially hazardous foods. If restrictions are imposed by the Departnent they shall be in writing with a copy provided on the mobile unit at all times. A list of menu items prepared and/or served by the operator shall be submitted to the Departmort. When no apparent health hazard will result, the Department may waive or rnodiff requirements of this chapter relating to physical facilities, except those requirements ofsections 9-104, 9-105, and 9- 107 of these rules and regulations. Section 9-107(A) may be waived or modified when operating in accordance to chapter 10 ofthese rules and regulations. 9-102 Exemptions Mobile retail food establishments or pushcarts are exempt from requirements for self-contained water or sewage systems, and cleaning and sanitization equipment under the following conditions: A. Food is prepared, then packaged in individual servings, transported and stored and served without frrther handling under conditions meeting the requirements of these rules and regulations; and B. Beverages served are not potentially hazardous and are dispensed from covered ums or other protected equipment; and C. The required equipment for cleaning and sanitization exists at the commissary. 9-103 Single-servlceArticles Mobile retail food establishments or pushcarts shall provide only single-service articles for use by the consumer. *9-104 Water System A mobile retail food establishnrent or a pushcart that does not meet the exemptions of section 9-102 of these rules and regulations shall provide hot and cold potable water under pressure with sufficient capacity for food preparation, utensil cleaning and sanitizing, in accordance with the requirements of these rules and regulations. The water supply lank shall be desigaed so that it can be flushed and with a drain that permits complete drainage of the tank. The potable water tank shall have no common interior partition with the tank holding non-potable water or other liquids. The water tank overflow or vent shall terminate in a downward direction and shall be located and constructed so as to prevent the entrance of contammants. The water heater capacity shall be adequate to fill the three-compartment sink with I l0T water without intemrptions at a mininnrm rate of I gatlon per minute with reserve capacity to provide a minimum of 3 gallons per hour of warm water to all handsinks at all times. Colorado Retail Food Establishment Rules And Regulations 6ccR 101G2 - s4 - The water inlet shall be located so that it will not be contaminated by waste discharge, road dust, oil, or grease, and it shall be kept capped unless being filled. The water inlet shall be provided with a tansition connection ofa size or type that will prevent its use for any other service. All water distribution pipes or tubing shall be constructed and installed in accordance with the requirements of these rules and regulations. When a mobile retail food establishment is connected to a pressurized water supply, it shall be provided with approved backflow prevention devices. This shall include the protection of the water source as well as protection ofeach individual water service connection. The water supply hose and couplings shall be of a size and type compatible with the water supply tank inlet fixture and shall be free of cracks and checks. Hose couplings shall be constnrcted to permit a tight connection between the mobile retail food establishment coupling and the water supply hose bib. Hose ends rnust be capped, connected or otherwise fully protected when not being used. 9-105 WastewaterRetention *A. All liquid waste, except drainage from clean potable ice, generated by a mobile retail food establishment or pushcart shall be stored in a retention tank that is at least 15 percent larger than the water supply tank. Liquid waste shall be discharged from the retention tank to an approved sewage disposal system and flushed as often as necessary to maintain sanitary conditions. Dscharge onto the surface of the ground shall be srictly prohibited, Drainage from clean potable ice can be discharged onto the surface of the ground provided it does not create a nulsance, B. All connections on the vehicle for sewicing mobile food unit waste disposal facilities shall be of a different size or type than those used for supplying potable water to the mobile food establishment. The waste connection shall be located lower than the water inlet connection to prevent contamination of the potable water system. C. Liquid waste discharge piping and the potable water hose shall not be stored in a manner that may result in cross-contamination. *9-106 Handwashing Facilities A mobile retail food establishment or pushcart that does not meet all the restrictions of section 9- 102 of these rules and regulations must be equipped with a convenient, accessible handsink for employee handwashing. The handsink must be capable ofproviding a hands-free, continuous flow of warm water. The handsink must be of adequate pressure and size to facilitate proper handwashing. Soap and individual paper towels must also be provided. *9-107 Commissary A. The commissary is considered to be an essential part of the mobile food establishment operation. The commissary shall be constructed and operated in compliance with the requirements of tlrese rules and regulations. Mobile retail food establishments or pushcarts shall operate from a commissary or other fixed retail food establishmant and shall repod every 24 hours (on operational days) to that location for all supplies and for all cleaning and servicing operations. The mobile retail food establishment operator shall veriff to the Department in writing that the mobile unit rehrms to the commissary every 24 hours. B. A mobile retail establishment servicing area shall be provided and shall include a potable water supply. A servicing area is an operating base location to which a mobile food establishment or transportation vehicle retums regularly for such things as vehicle and Colorado Retail Food Establishment Rules And Regulations 6 ccR 1o1o-2 - 55 - equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food. t.Within this servicing area, there shall be a location provided for the flushing and drainage of liquid wastes that is separate from the location provided for potable water servicing and for the loading and unloading offood and related supplies This servicing area will not be required where only packaged food is placed on the mobile food unit or pushcart, or where mobile food unis do not contain waste retention tanks. Potable water servicing equipment shall be installed according to the law and shall be stored and handled to protect the water and equipment from contamination. The mobile retail food establishment liquid waste retention tank shall be thoroughly flushed and drained during the servicing operation. All liquid waste shall be discharged to a sanitary sewage system in accordance with section 5-211 of these rules and regulations. The floor surface of the servicing area shall be constructed of a smooth, nonabsorbent material such as concrete or machine-laid asphalt and shall be maintained in good repair, kept clean, and be graded to drain. 5. The construction of the walls and ceilings of the servicing area is exempt from the provisions of sections 6-201 and 6-202 of these rules and regulations. A fully equipped, mobile retail food establishment shall not be required to report to a servicing area if: l. The mobile retail food establishment's potable watef, system and waste retention system is sufficiently sized or orperated properly to serve the needs of the mobile retail food establishment and, and liquid waste is ernptied only at service locations approved by the Department; and 2. The mobile retail food establishment is capable of being maintained in a sanitary condition; and Adequate storage areas are provided within the mobile retail food establishment for food, dry goods, single service articles and cleaning supplies; and Adequate facilities are provided for food preparation, for cleaning and sanitizing of equipment and utensils, for the storage of additional food, equipment, utensils and other supplies, and for other servicing operations; and Approved arrangements and facilities are provided and used to supply potable water to the mobile unit for the disposal of wastewater generated by the establishment; and A written operational plan is submitted by the mobile retail food establishment, which demonstrates that this process can be accomplished in compliance with these rules and regulations. Review and approval of this plan must include the menu and standard operating procedures for the mobile unit. Once an operational plan is approved, any additions or changes to the approved plan must be approved by the Department prior to implementation. 9-108 AdditionalRequirements Spare tires, tools, and other equipment relating to the mechanical operation of the vehicle shall be stored in a way that does not contaminate food, food equipment, or utensils. Colorado Retail Food Establishment Rulqs And Regulations 6 CCR 1010-2 2. 3. 4. c. J. 4. 5. 6. -56- CHAPTER 10 TEMPORARY RETAIL FOOD ESTABLISHMENTS 1O.T TEMPORARY RETAIL FOOD ESTABLISHMENTS 10-10l General A ternporary retail food establishment shall comply with the requironents of these rules and regulations, except as otherwise provided in this chapter. A list of menu iterns used by the operator shall be submitted to the Department. The Department may impose additional requirements to protect against health hazards related to the conduct of the temporary retail food establishment and may prohibit the sale of any potentially hazardous foods, When no apparent health hazard will result, the Department may waive or modiff requirements of these rules and regulations. *10-102 Restricted Operations Only potentially hazardous foods requiring preparation limited to seasoning and cooking shall be served. The preparation or service of other potentially hazardous foods, including pastries filled with cream or synthetic cream, custards and similar products, salads or sandwiches containing meat, poulty, eggs, or fish, is prohibited unless approved, and adequate equipmant and facilities are provided. Thisprohibition doesnot ap'plyto anypotentiallyhazardous foodpreparedandpackaged under conditions meeting the requirements of these rules and regulations, obtained in individual servings, stored at a t€mperature of 4loF (5"C) or below, or at a temperature of 135'F (57'C) or above in facilities that meet the requirements of these rules and regulations, and is served directly in the unopened container in which it was packaged. *10-103 Ice Ice that is consumed or that contacts food shall be made under conditions meeting the requirements of these rules and regulations. Ice obtained off site shall be 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. 1G'104 Equipment A. Equipment shall be located and installed to prevent food contamination and to facilitate cleaning the establi shment. B. Food-contact surfaces of equipment shall be protected from contamination by consumers and other contaminating agorts. Effective shields for such equipment shall be provided as necessa4/ to prevent contamination. 10-105 Single-ServiceArticles All temporary retail food establishments, which do not have approved facilities for cleaning and sanitizing tableware, shall provide only single-service articles for use by tJte consumer. *10-106 Water A sufficient quantity of potable water shall be available for food preparation and sanitization of food-contact surfaces. The water supply system hoses, piping, and appurteaances must be approved Colorado Retail Food Establishment Rules And Regulations 6 CCR 10'10-2 _ 57 - food-contact mat€rials. The water supply systan must be installed to preclude the backflow of contaminants into the potable water supply. 1G107 Wet Storage Packaged food may be stored in direct contact with potable ice or potable water if the packaging, wrapping, or container is not subject to enbry of water. *10-108 Waste All sewage, including liquid waste, shall be disposed of according to law. Drainage from clean potable ice can be discharged onto the sr.rface of the ground provided it does not create a nuisance. *10'109 Handwashing A conveniently located handwashing facility shall be available for ernployee handwashing. This facility must be capable of providing a hands-free, continuous flow of warm water. The handwashing facility must be of adequate pressure and size to facilitate proper handwashing. Soap and individual paper towels must also be provided. l0-110 Floors Floors shall be constrrcted of concrete, asphalt, tight wood, or other similar material kept in good repair, Dirt or gravel, when graded to drain, may be used as sub-flooring when covered with clean, removable platforms or duckboards, or covered with wood chips, shavings, gElss or other suitable materials to control dust. l0-111 Walls and Ceilings A. Ceilings shall be made of wood, canvas, or other materials that prot€ct the interior of the establishment from the weather. Walls and ceilings shall be constructed in a way that prevents the entrance of insects. Doors to food preparation areas shall be solid or screened and shall be self+losing. Screening material used for walls, doors, or windows shall be at least l6 mesh to the inch (16 mesh to 25.4 mm). B. Counter-service openings shall not be larger than necessary for the particular operation conducted. These openings shall be provided with tight-fitting, solid or screened doors or windows, or shall be provided with fans installed and operated to reshict the entrance of flying insects. Counter-service openings shall be kept closed, except when in actual use. Screening of walls, doors and outer openings do not apply if flying insects and other pests are absent due to the location ofthe establishrnent, the weather, or other limiting condition. Colorado Rotail Food Establishment Rules And Regulations 6 CCR 101G2 -58- CIIAPTER 1I COMPLIANCE PROCEDURES 11-1 COMPLIANCE 11-101 General A person shall have a valid retail food establishment license, certificate of license, as defrned in section 254-1602, C.R.S., or administration and inspection fees pursuant to sections 254-1ffi7, C.R.S., to operate a retail food establishment. A person operating a retail food establishment without a valid license, certificate of license or appropriate administration and inspection fees may be prosecuted under sections 16-13-305 and 254-1609, C.R.S. Only a person who complies with the requirernents of these rules and regulations shall be entitled to receive or retain such a license or certificate. Licenses, certificates, or administration and inspection fees are not transferable. When issued, a valid license or certificate shall be posted in every retail food establishment. 1l-102 Issuance of License or Certificatc of License. A. Any person desiring to operate a retail food establishment shall make written application for a license or certificate of license or pay administration and inspections fees using forms provided by the Departrnent. Each application form shall include the name and address of each applicant, the location and tlpe of the proposed retail food establishment, and the signature of each applicant. B. Prior to approval ofan application for a license or certificate of license, the Deparbnent shall inspect the pro'posed retail food establishrnent to determine compliance with the rules and regulations. C. The Department shall approve a license or certificate of license for the applicant if its inspection reveals that the proposed retail food establishment complies with the requirements of these rules and regulations. 11-103 LicenseRenewal. The Departrnent may refi.rse to renew a retail food establishment license or certificate of license for any violation of sections 254-1601 et seq., C.R.S., of these rules and regulatioru, or as otherwise provided by law. This notification shall be presented to license or certificate holders during the last quarter of each oalendar year. Denial of a license renewal shall be treated in all respects as a revocation and, hence, procedures for revocation shall be followed. In a case in which the license or certificate holder has made timely and sufficient application for renewal of license, the existing license shall not expire until such application has been finally acted upon by the Depaffnent. 11-104 Judicial Review. A license or certificate holder adversely affected or aggrieved by a Departmental action may appeal the final action of the Department as provided in section 244-106, CR.S. Suspension or revocation of a license may be reviewed, upon application for an order in the nature of mandamus or otherwise, by any court of general jurisdiction asprovided in section 254-1609, C.RS. 1l-105 Closure Without Suspension. Acting under sections 25-1.5-101(lxa) and 25-1.5-102(l)(a) & (d), C.R.S., the Departnent, or its authorized representative, shall have the power and duty to close retail food establishments and forbid the gathering ofpeople therein to protect the public health from the cause ofepidernic and Colorado Retail Food Establishment Rules And Regulations 6 CCR r0'r 0-2 _ 59 _ communicable diseases. Immediate closure shall be used only when the situation imperatively requires emergency action or the operator has been guilty of deliberate and willful violation. 1l-106 Injunctive Relief. When serious or repeated violations of these rules and regulations have been foun4 the Deparhnent or its authorized agents may abate the nuisance by seeking injunctive relief through judicial means, as provided under section lGl3-308 and 309, C.R.S. II.2 INSPECTIONS 1l-201 Inspection Frequency. A. An inspection of a retail food establishment shall be performed at least twice every calendar or fiscal year; a seasonal food service establishment shall be inspected once before it opens and at least once while it is in operation; and retail food establishments that operate as grocery stores without a restaurant or deli shall be inspected once every caleldar or fiscal year. B. Tlte Colorado Retail Food Establishment Risk-Based Inspectional Frequenqt Methodologt Guidance Document may be used as a model for an altemative method for determining inspectional frequency. If this model is modified by an agancy, the agancy must be able to defend the modifications utilizing the public health risk factors contained in the model. The public health risk factors include: l) food served, 2) operations, 3) weekly meal volume, and 4) inspectional history including critical and non-critical violations. C. Additional inspections are to be performed based upon additional assessments of potential risls of foodborne illness including a history of critical violations and numerous or repeat noncrifical violations of these rules and regulations; the hazards associated with the particular foods being prepared, stor€d or served; the method and exteut of food storage, preparation and service; and the number and dernographic characteristics of the consumers. 11-202 Access. Agents of the Department, after proper identification, shall be permitted to enter any retail food establishment during business hours and at oth€r times during which activity is evident to determine compliance with these rules and regulations, The agents shall be permitted to examine documents or true copies of documents, excluding prices, that pertain directly to food and supplies purchased, received or used, information pertinent to their HACCP plan, or to persons ernployed in food and beverage operations when such examination is expected to produce information necessary to protect the public health, enforce these rules and regulations or investigate suspected incidents of foodbome illnesses. ll-203 Report of Inspections. Whenever an inspection of a retail food establishment or commissary is made, the findings shall be recorded on an inspection report form. The inspection report fonn shall zummarize the requirernents of these rules and regulations. Inspectional remarks shall describe the violation that exists. A copy ofthe completed inspection report fonn shall be furnished by the end ofthe next workday, following conclusion of the inspectiom, to the p€rson in charge of the establishment. The completed inspection report fonn is a public document that shall be made available for public disclosure to any person who requests it according to law. Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 -60- 11-204 Correction ofViolations. A. The inspection report form shall speciff a reasonable period of time for the correction ofthe violations found and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions: 1 . If an imminent health hazard exists, such as, but not limited to, complete lack of refrigeration or sewage backup into the establishment, the establishment shall immediately cease food operations. Operations shall not be resumed tmtil authorized by the Deparhaent. 2. All critical violations are to be corrected as soon as possible, but in any evenl by the date and time specified by the regulatory authority, but in no case to exceed l0 days. 3. All non-critical violations shall be corrected by the date and time agreed to or specified by the regulatory authority based upon the severity of potential health hazards, which could result from the non-critical violation. The regulatory authority is not required to conduct follow-up activities on non-critical violations. B. The inspection report shall state that failure to comply with any time limits may result in the initiation of administative or legal regulatory action. An opportunity for appeal of the inspection findings and time limitation will be provided if a written request for an administrative hearing is filed with the Deparhnent within five (5) days following the date of receipt of inspection. If the request for a hearing is received, a hearing shall be held no sooner than twenty (20) days after the operator is notified ofthe hearing. C. Whenever a retail food establishment is required under the provisions of these rules and regulations to cease operations, it shall not resune operations until a re-inspection determines tlat conditions responsible for the requirement to cease operations no longer exists. Opportrmity for re-inspection shall be offered within a reasonable time. Colorado Retail Food Estsblishment Rules And Regulations 6 CCR 101G2 -61- 11-205 InspectionReport. The format of an inspection form shall be based upon critical and non-critical categories. The followins items must be included: Category FOOD SOURCE a. Approved source b. Wholesome, free of spoilage c. Cross-contamination d. HACCPplan CRITICAL PERSONNEL Employee Health a. Personnel with infections restricted b. Wounds properly covered Hygienic Practices c. Hands washed as needed d. Hygienic practices e. Smoking, eating, drinking Demonstration of knowledge f. Trainingneeded CRITICAL FOODTEMPERATURECONTROL CRITICAL Ternperature Control Procedures a. Rapidly cool foods to 41o F or less b. Rapidly reheat to 165'F or great€r c. Hot hold at 135o F or great€r d. Required cook temperature e. Cold hold at 41o F or less Temperature Control Equipment f. Use of Food therrnometer (probe-type) g. Adequate equipment to maintain food temperatures SANITIZATION RINSE a. Clean b. Tanperature c. Concentration d. Exposure CRITICAL WATER, SEWAGE, PLIJMBING SYSTEMS CRITICAL a. Safe water source b. Hot and cold water under pressure c. Backflow,backsiphonage d. Sewage disposal Colorado Retail Food Establishment Rules And Regulationg 6 CCR 1010-2 -62- Item Category HANDWASHING FACILITIES a. Adequate number, location b. Accessible c. Soap and drying devices available CRITICAL PESTCONTROL a. Evidence of insects or rodents b. Pesticideapplication c. Animals prohibited CRITICAL POISONOUS OR TOXIC ITEMS a- Properly stored b. Properly labeled c. Properly used CRITICAL FOOD LABELING, FOOD PROTECTION a. Original container, properly labeled b. Food protected from contamination NON{RITICAL EQUIPMENT DESIGN CONSTRUCTION a. Food-contactsurfaces b. Nonfood-contactsurfaces c. Dshwashingfacilities NON-CRITICAL TESTINGDEVICES NON-CRITICAL a. Refrigeration units provided with accurate, conspicuous thermometers b. Dishmachines provided with accurate thermometer and gauge cock c. Chemical test kits provided accessible CLEANING OF EQUIPMENT ANDUTENSILS NON-CRITICAL a. Food-contactsurfaces b. Nonfood+ontact swfaces c. Dishwashing operations d. Wiping cloths UTENSILS, SINGLE SERVICE ARTICLES NON-CRITICAL a. Utensils provided, used, stored b. Single-service articles stored dispensed, used c. No reuse of sinele-service articles Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 -63_ Item Category PHYSICAL FACILITIES a. b. Plumbing: installed, maintained Garbage and refuse Floors, walls, ceiling Lighting Ventilation Locker rooms Premises maintained Separation of lMng, laundry Restroom facilities NON{RITICAL c. d. e. f. (' h. i.. OTHEROPERATIONS a. Personnel: clean clothes, hair restraints, authorized b. Linen properly stored NON-CRITICAL 11.3 EMBARGO AND CONDEMNATION OFFOOD 1l-301 General. The power and duty to embargo and conderror food that the Department finds probable cause to believe is in violation of section 3-l0l of these rules and regulations has been given to the Department under the statutory authority of sections 25-1.5-104(a) and 25-5406 et. seg., C.R.S. 1l-302 Voluntary Condemnation. When the Department finds food that it has probable cause to believe is in violation of section 3-l0l of these rules and regulations, the Department shall bring the fact to the attention of the person in charge and request that the food be voluntarily destroyed. If the person in charge agr€es to destroy the suspect food, a voluntary condermration agreement sball be completed and signed. The person in charge shall denatrne the food under the supervision of the Departnent. A copy of the voluntar5r condemnation agreement shall be left with the person in charge. 1l-303 Embargo Placemert. When the Department finds food that it has probable cause to believe is in violation of section 3-l0l of these rules and regulations, the Department shall bring the fact to the attention of the person in charge and request that the food be voluntarily destroyed. Should the person in charge refuse to voluntarily destroy the food, the Department shall embargo the remainder of the food. An embargo notice shall be completed and bigned. A copy of the embargo notice shall be left with t}le person in charge. The remainder of the food product shall be set aside for storage in a container sealed with sampling tape to prevent usage. No person shall remove or dispose of such anbargoed article by sale or otherwise. 11-304 EmbargoRelease. A. The Departmant shall complete and sign an ernbargo release which dictates the subsequent disposition ofthe product by: Colorado Rebil Food Establishment Rules And Regulatlons 6 CCR r01G2 -64- l. Use of the product in the establishment where it was found if demonstrated to be in compliance with section 3-101 of these rules and regulations; or 2. Use ofthe product by other approved means; or 3. Destruction of the product. B. A copy of this release shall be given to the person in charge. C. Neither the Departrnent nor the State shall be held liable for damages because of such embargo. l1-305 Condemnation of Product Should the food be fotmd to be not sound or contaminated with filth and a voluntary destruction cannot be obtained, the Department shall petition the court ofjurisdiction for seianre and disposition ofthe food. II4 REVIEW OF PLAI\IS 1l-401 Submission of Plans It shall be necessary to submit to the Department detailed plans and specifications of a proposed newly constructed retail food establishment and or the affected areas of any proposed extensively remodeled retail food establishment. Each retail food operator, or person intending to become a retail food operator, shall be responsible for submitting all plans and specifications. Those assisting an operator may submit plans and specifications on the opel'ator's authority. The Department shall be consulted before preparation of plans and specifications. Approval of both plans and specifications is necessary before construction begins. A minimum of two (2) weeks shall be necessary for the Department to review the plans. Any revision of plans shall be submitted to the Department for review and modification or approval. 1l-402 Contents ofPlans and Specifications Contents of the plans and specifications shall show evidence that the facility complies with ap'plicable portions of these rules and regulations. A plan-view scale drawing of the establishment shall be provided. The plans shall include the location of all retail food equipmort, plumbing fixtures and connections, ventilation systems, menu and other pertinent information. A dimensional sketch of the antrance, exits, streets, roadways and alleys shall also be included. Specifications shall be provided on a form suppliedby the Deparhnent. 11-403 Pre-Operational Inspection. Whenever plans and specifications are required by section 1 1401 of these rules and regulations to be submitted to the Departrnent, the Department shall inspect the retail food establishment pnor to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of these rules and regulations. It shall be necessary to arrange for a pre-opening inspection fourteen (14) days in advance ofthe date ofthe intended inspection. For areas of the state without a Local Health Departrnent, it shall be necessary to arrange for a pre-opening inspection twenty-one (21) days in advance ofthe date ofthe intended inspection. Colorado Retrail Food Estaubhment Rubs And Regulations 6 CCR 1010-2 -65- 11-6 II-5 PROCEDURE WHEN INFECTION IS SUSPECTED l1-501 General When the Department has reasonable cause to suspect the possibility of disease transmission from any retail food establishment employee, it may secure a morbidity history of the suspected employee or make any other investigation as necessary and shall take appropriate action. The Department may require any or all of the following measures: A. The immediate exclusion of the anployee from all retail food establishments; B. The immediate closing of the retail food establishment concerned until, in the opinion of the Department, no firther danger ofdisease outbreak exists; C. Restriction of the ernployee's services to some area of the establishment where there would be no danger ofdisease transmission; D. Adequate medical and laboratory examination of tJre ernployee and other employees. VARIANCE PROCEDURE 114)l Vrriance Procedure Any retail food establishmant may request a variance from any requiremant of these rules and regulations when such an establishment believes that the requirement results in an undue economic hardship or when it is believed a standard may not apply to the specific situation" Requests shall be submitted in writing to the Colorado Departrnent of Public Health and Environment 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. This request must be accompanied with a recommendation for approval or denial from the health agency ofjurisdiction. Evidence ofundue 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. Any person who requests a variance for the provisions of these regulations shall have the burden of supplying the Deparhnent with information that demonstrates the conditions exist which warrant the granting of a variance. Al1 doubts shall be resolved in favor of denial. The Colorado Departrnent of Public Health and Environment may grant a variance if: l. Such vmiance is consistent with the pqpose and intent of the act and these regulations; and 2. It is consistent with the protection of the public health; and 3. The circumstances ofthe retail food establishment are unique; and 4. The cost of compliance is so great that it would threaten economic viability of the retail food establishment or the rctail food establishment would be in grave jeopardy if compliance were enforced; and 5. The damage to the retail food establishment's economic viability is in fact caused by compliance. A variance shall expire upon a change of circumstances from those supporting the variance or upon a change of ownership of the retail food establishment. After review and in circumstances where the Department intends to deny a variance, the Departrnort shall refer the request to an advisory panel of tlree persons, two persons who Colorado Retail Food Eslrablishmenl Rules And Regulations 6 CCR 101S,2 A. B. c. F. -66- represent the retail food industry and a representative from a local health department, to make recommendations to the DeparFnent. G. Any retail food estabtishment for which a variance has been denied may appeal such denial by requesting a hearing which will be held in accordance with section 244-105 (15), C.R.S. II.7 REFERENCECITATIONS ll-701 General These regulations incorporated by reference (as indicated within) materials originally published elsewhere. Such incorporation does not include later amendments to or editions of the referenced material. The Departrnent maintains certified copies of the complete text of any material incorporated by reference for public inspection during regular business hours and shall provtde certified copies of the incorporated material at cost upon request. Information regarding how to obtain or examine the incorporated material is available from the Division Director, Consumer Protection Division, Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive Sout[ Denver, CO 80246-1530. Copies ofthe incorporated materials have been provided to the State Publications Depository and Distibution Center, and are available for interlibrary loan. Any incorporated material may be examined at any State Publications Depository Library. 1l-702 Safe Materials The Colorado Pure Food and Drue Law, the Federal Food, Drug and Cosmetic Act and applicable regulations of the U.S. Food and Drug Administration used for the derermination of material safety in section l-202(56) of these rules and regulations may be obtained from the Director of the Consumer Protection Division of the Colorado Department of Public Health and Environment andl/or the U.S. Federal Food and Drug Administration. 11-703 Food Protection Act Copies of section 25-4-1601 et seq., C.R.S may be obtained from the Director of the Consumer Protection DMsion of the Colorado DeDartment of Public Health and Environment. 11-704 Milk Standards Copies of the Grade A Standards referenced in section 3-204 of these regulations may be obtained from the Director of the Consumer Protection Division of the Colorado Department of Public Healtb and Environment, 11-705 Ventilafion Requirements Copies of the (2000) Uniform Mechanical Code or Local Ventilation Codes referenced in section 4-212 of these rules and regul4tions may be obtained from the Intemational Conference of Building Officials, 503 Alhambra Avenue, Los Angeles, Califomia 90032-3490 or the Local Building Department ofjurisdiction, respectively. 1l-706 Code ofFederal Regulations Copies ofthe (2003) Code ofFederal Regulations referenced in sections 3-211,4-202,4-207,4- 403, 5-103, 5-108, 7-107, and 7-108 may be obtained from the Director, Offrce of the Federal Regrster, National Archives and Records Administration, Washington DC 20408. Colorado Relail Food Establishmont Rules And Regulations 6 CCR 1010-2 -67- ll-707 PlumbingRequirements Copies of the (2000) Uniform Plumbine Code or Local Plumbing Codes referenced in sections 5- 201, 5-208, and 5-209 may be obtained from the International Association of Plumbing and Mechanical Offrcials, 20001 Walnut Drive South, Walnut Califomia 91789-2825 and/or the Local Building Department ofjurisdicfion, respectively. ll-708 Administrative Statutes Copies of sections 16-13-305, 306 and 308, C.R.S.; 244-106, C.R.S.; 25-1.5-l0l(1xa), C.R.S.; 25-l-108 (lXk), c.R.S.; 25-1-506 (lXd), C.R.S.; 25440r et seq., C.R.S.; 254-1301 et seq., C.R.S.; 254-105, C.R.S.; 254-1608, C.R.S.; and 25-5406 (l) and (4) C.R.S., referenced in sections 3-312,3401, ll-101, 1l-103, l1-104, l1-105, ll-106, ll-301 and 1l-601 ofthese rules and regulations may be obtained from the Director of the Consumer Protection Division of the Colorado Deparhnent of Public Health and Environment. 11-709 American National Standards Institute (ANSI) Copies ofthe National Sanitation Foundation Standards for food equipment that are classifred for sanitation by an American National Standards hstitute (ANSD accredited certification program referenced in section 4-l0l of these rules and regulations may be obtained from the Drector of the Consumer Protection Divisibn of the Colorado Department of Public Health and Environment. Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 -68- INDEX a*, definition, 7 Cleaning, (continued) Adulterated, definition, I fogging devices,45 Air-drying garbage containers, dumpsters,4546 warewashing, 37,38 nonfood-contact surfaces, 38 wiping cloths, 38 toilet facilities,44 Animals Clothing, enployee, 12 patroVsenay/guide dogs,53 Clutter,49 Anti-slip floor coverings,4T CoolingApproved methods,22 definitioq I tenperatures,22 food source, 14 Commercial design, deftnition, I Asterislg definition, 1 Comminuted, defrnitioru I Attachmenr, walls and ceilings, 48 Corrnissary Backllow prevention, 4l defini1iq1, I Bandage mobile retail food establishments, 54-56 required to cover lesiorts, boils, wounds, 10 Common towels, 4344 Bee{ ground Condiments, protection, 20 cooking temperature, 20 Contamination definition, 3 chemicals, 50 Beverage containers, restrictions, 12 covering food, 17, 19 Beverage dispensing equipment definition, I carbonators, plumbing,4l food shields, 19 design, (actuating lever), l8 food storage, 19 Beverage ubing and cold-plates,28 in chemical containers, 50 Boiler Water Additives, 5l prohibited areas, 19 Bottled water, 40 lubricants for bearings and gears, 28 Bulk foods protecting food, 17 definitiorf I tansporting food, 17 labeling, 24 Cooking temperatures, 20-21 utensil storage, 18 Corrosion-resistant rnaterials, definitioq I Cans, dented or darnaged 15 Critical control point definition, I Ceilings Critical itenl definition, 2 attachments,48 Cross-connections, 4l cleaning,49 Cross-contamination construction,48 covering food, 17, 19 tenryorary retail food establishments, 58 food<ontact swfaces and utensils, 17 Chernicals food storage, 19 boiler water additives,Sl protecting foo4 17 drying agents, 51 slash-resistant gloves, 17 fmt aid supplies, 5 I tansporting food, 17 labeling,5O Cutting boards personal medications,Sl easily cleanable, 27 pesticides,53 wood,26 restictions,S0 Damaged/dented cans, 15 separatio4 50 DeparEnent, definition,2 stored in food containers, 50 Dressing roorns, locker rooms, 12 uses,50 Drinking, 12 Clean in place Dry storage area, defrnition,2 definition, I Drying agents, 5l equipment desigq 27 Easily cleanable, definition,2 Cleanable, easily, definitioq 2 Eating, 12 Cleaning Eggs equipment stomge, 49 cooling after rec eipt,20,22 floors, walls, ceilings,49 cooking temperanre,2O food-contact surfaces, 37 pasteurized eggs, 16, 17 in refrigerated rooms, 37 pooled eggs, 17 hadsinks, 44 raw eggs in ready-to-eat foods, 17 INDEX - 1 INDEX Erryloyees Floors, (continued) Authorized, l0 junctures,4T beverage container restrictions, 12 tenporary retail food establishments, 58 clothing, 12 Floor drains,42,47 definition,2 mop sinh 44-45 eating, drinling, smoking 12 Fogging devices,45 ill employees, l0 Food jewelry, 12 approved sources, 14 Enamelware, prohibited, 26 cooling, 22 Equipment condiments, protection, 20 beverage tubing and cold-plates,28 covering food, 17, 19 clean inplace,2T definition, 2 cleaning,32-38 display, 19 commercial design, 25 equipment condenser units, 28 reheating,Zl definition, 2 sufhcient number and capacity, 20 drairra,ge,42A3 food preparation sink, 17-18 floor-mounted, 30 food shields, 19 hot-oil filtering,28 labeling,24 lubricants for bearings and gears, 28 modified atrnosphere packaging,23-24 minimum requirements, 25 potentially hazardous food definition, 5 reheating,2l prepared in private home, 14 sanitization, manual,32-34 sound condition, safe, 14 sanitizatiorL mechanical, 34-36 storage, 19 sealing 29-30 prohibited areas, 19 spacing,30-31 sulfiting agents, 18 storage, 38-39 terpqatures, 20'22 air-dried,37,38 cooking tenperatures, 20-21 prohibited areas,29 cooling terperatures,22 sufficient number and capacity, 20 holding terrperafiues, 20 table-mounted, 29-30 modified atrnosphere packag ing,23-24 tenporary retail food establishments, 57 reheating temperatures, 2l ventilafion, 28-29 thawing terperatures,2l-22 wood interior walk-in coolers, prohibited, 27 time as public hcalth control, 22-23 Extensively remodeled washing fruits and vegetables, I 7- I I definition, 2 Foodborne disease outbreak, definition,2-3 exposed utility service lineVpipes on floor, 47 Food-contact surfaces mop sink,4445 cleaning, 37 wood interior walkin coolers, gohibited, 27 definition, 3 Fingemails, 11-12 design of, 25 First aid supplies, 51 hot-oil filtering, 28 Fish use limitations, 25-27 commingling shellstock, 14 Food preparation sirk containers, shucked molluscan shellfish, 14 design of, 17-18 cooking temperature, 20 &ainage,4Z definition,2 garbage grinderVdisposals, 42 freezing requirements, 14 used for handwashing, prohibited, 45 modified atrnosphere packaging, prohibited, 24 used as mop sink, prohibited" 45 tags, 14 Food processing establisbment, definition,3 tuna exerrptions for fteezing requirements, 14 Food shields, 19 Fish bait Fruits and vegetables storage,53 cooking tenrperatures, 21 Floors food preparation sinh 17-18 anti-slip floor coverings,4T sulfiting agents, 18 carpetiag,4T washing prior to use, 17 cleaning,49 chemicals, 5l construction, 47 flooding,43 INDEX.2 INDEX Game animals cooking temperatules, 20 definition, 3 source. 15 Garbage, see also llaste receptacles cleaning the containe$, 46 containers, 45 dunpsters, 46 outdoor storage area, 46 incineration, 46 storage, 46 Garbage grinders/disposals, 42 Gloves cloth gloves, 26 required to cover lesions, boils, wounds, l0 slash-re sistant gloves, l7 use of, l7 Grease nap/interceptor, 42 Ground beef, definition, 3 HACCP plan, defmition, 3 Hair resraints, 12-13 Hand sanitizers, I I Handsinks accessibiliry locatiog 43 midmum hot water tenperature, 43 mobile retail food establishments, 55 quantity, 43 soap and sanitary towels, 43-44 terporary retail food establishments, 58 used as mop sint prohibited, 45 waste receptacles, 44 Handwashing handsinks, required, 25 mobile retail food establishrnents, 55 gocedure, l0-l I tenporary retail food establishments, 58 when to wash hands, 1 I where, where not to wash hands, I I Hazard definition, 3 imminent health hazard, 3 Hermetically sealed containers approved source, 15 damaged, dented cans, 15 definition 3 morgue area, l5 Highly susceptible population definition, 3 restricted foods, 24 Hygiene, personal, 12 Hygroscopic, definitiog 3 Ice coolant ice used for human consunption, 16 dispensing, 16 &ainage of ice bins/machines, 42 foods stored fu./on ice. 16 storage lce, (continued) beverage tubing and cold-plates, 28 liquid waste drain lines, 28 source, 16 temporary retail food establishments, 57 Ill enployees coughing, pe$istent, 1 0 exclusions, l0 removal of exclusion, 10 responsibility to report illness, 10 runny nose, persistenq l0 sneezing, persistent, 10 Imminent health hazard, definitio4 3 Infected wound, l0 lnsects, see Pest control Jewelry, 12 Juice, 16 Kitchenware, definition, 4 Labeling bulk foods, 24 food ingredients, 24 ingredient labels, 24 unpasteurized juice, 24 Laundry facilities criteria,3S soiled linen storage, 38 Lzv atoies. s e e H a nds inlcs Law, definitiotu 4 Lighting light intensity, 48 protective shielding, 4849 Linens definition, 4 laundry facilities, 38 to line containers, 26 to line wicker, 27 soiled linen storage, 38 storage, prohibite d, areu, 29 Living/sleeping quarten, 49 Locker rooms, dressing rooms, 12 Maintenance, 49 Meat, definition, 4 Medications, personal, 5 1 mgll-, definitioq 4 Microwave cleaning, 37 cooking i4 2l reheating in, 21 thawing ia 22 Milk gopling after rec eipt, 20,22 dessert mix, frozen, 15 Milk drymilk, 15 reconstituted dry millq 15 Mobile retail food establishment commissary, 55-56 definitioq 4 INDEX - 3 INDEX Mobile retail food establishrnen! (continued) Plurribiug, (continued) exemptions,S4 grease trap/interceptors, 42 general requirements,S4 handsinks,25,43 handsirks, 55 mop sink, 4445 single service articles, 54 sewage, 45 wastewater, 55 warewashing rnchines, 42 water systenl 54-55 warewashing sinks, 42 Modified atnrosphere packaging water conditioning devices, 42 citeia,23-24 Poisonous or toxic rnaterials, defmition, 5 definition, 4 Potentially hazardous foods Molluscan shellfish cooling, 22 cooling after receip, 20 cooking, 20-21 definitioq 4 definitioq 5 display tanks, 28 modified atmospherc packzgirg,23-24 using shells as serving containers,39 reheating, 2l Mop sink tenperatures, 20-22 requiremen! 44-45 thawing,2l-Z2 used for food preparation, handwashing or time as public health control, 22-23 warewashing, prohibite4 44-45 Prernises, tlefinitior\ 5 Mushrooms, wild Maintenance, approved sources, 15 Primal meat cuts, definition, 5 Nonfood-contact surfaces Pushcarg see c/so Mobile retail food esnhlkhments cleaning,21, 38 definitioq 5 constuctioq 27 Ready-to-eat food defmition" 4 bare hand contact l&17 lined shelves, drawers, drainboards, 27 defrnitiorU 6 unfinished wood, 27 Reconstituted, defrnition,6 woodinteriorwalk-incoolers,prohibited,2T Refrigeration Opentor, see Person in charge drainage, 42Packaged floor drains in walk-ins, 42 defurition, 4 wood interior walk-in coolers, prohibited, 27 modifiedatmospherepackaging,definition,4 Reheating Peak hot water demands, 41, Appendix D equiprnent, 2l Person, definitio4 4 tilnperatues, 2l Person in charge Remodeled, extensively, definition, 2 definitiorl 4 Reservice of leftover foo4 20 demonstation of knowledge, 8-9 Restrooms, see Toiletfacilities excluding ill errployees, l0 Retail food establishrnent monitoring employees, 9 definition, 6 removal ofexclusion of ill employee, l0 exclusions, 6 responsibilities, 8-9 without cleaning facilities,3T Personal care items, definition,4 Rodents, see Pest control Personal hygiene, 12 Safe materials, defrnitio& 67 Personal medications, 5l Sanitization Pest contol cross-contamination control, l7 control rnethods,52-53 - definition, 7 outer openings, 52 equipment and utensils, manual, 32-34,37 pesncides, 53 equipment and utensils, mechanical,34-36 pH, definition,4 nnnual methods, 32-34 Physical facilities, definition, 4 mechanical methods,35-36Plumbing test kits, 32 backflow prevention devices, 4l using a tbree<onpartrnent sinlq 33-34 carbonated beverage dispensers, 4 I wiping cloths, I 8 cross-connections, 4l sewage,45 equipment drainage, 4243 Shellfish, see Fri h, see Molluscan shellfuh floor drains. 42-43 Shellstock garbage grinders/disposals, 42 commingling, 14 . cooling after receipt, 22 definition, 7 INDEX -4 INDEX Shellstock, (continued) tags, 14 Shucked shellfish containers, 14 definition" 7 Single-service articles definition, 7 mobile retail food establishments. 54 refilling containers, I 9 reuse, prohibited, 39 storage, 39 prohibited areas, 29 Single-use articles commercial design, 25 definition, 7 reuse, prohibited, 39 storage, 39 prohibited areas, 29 terporary retail food establishments, 57 Sinlc drainboard sizing, 33 food prcparation sinh l7- 18 garbage grinders/disposals, 42 handsinks, 25,4344 mop sinl 25,4445 warewashing corpartment size, 32 drainage, 42 requirement, 25 three-cornpartrnent sink 32 two-corpartrnent sink, 33 water pressute, 4l water ternperatue, 4l Smoking (Tobacco Use), 12 Smooth, definition, 7 Sneeze guards, see Food shields, L9 Sprouts potentially hazardous food definition, 5 resFicted foods, 24 Subprirnal meat cuts, definition, 7 Support animal, definitio4 ? Surfaces Food-contact, definition, 3 Nonfood-contact, definition, 4 Tableware beverage dispensing equipment, 18 definition, 7 presetting, 39 te-use of soiled tableware, 18 TefiperatEes cooking temperatures, 2 0-2 I cooling temperatures, 22 holding tenperatues, 20 nrodified atmosphere packaging, 23-24 reheating temperah[es, 2 I thawing temperatures, 2 I -22 Tenporary retail food establishment definition, 7 equipment, 57 INDEX - 5 Tenporary retail food establishment (continued) floors, walls, ceilings, 58 general requirements, 57 handsinks,58 ice.57 restrictions,57 single service articles, 57 wastewater,53 water, 57-58 Test kits for sanitizers. 32 Thawing methods, 2l -22 tenperatures, 2l -22 Thermometels calibrated, 32 equipment thermometers, 32 conspicuously loc ated, 32 food product thermometers, 32 manual warewashing thermometer, 33 Tbree-compartment sinks drainboard sizing, 33 garbage grinders/disposals, 42 operation sequence, 3 3-34 used for handwashing, prohibited 43 used as mop sink, prohibited, 45 Time as public health conrol, 22-23 Toilet facilities quantity, 44 patron access, 44 toilet tissue, dispensed 44 urinals' '14 waste receptacles, 44 Toxic materials definitiou 5 first aid supplies, 5 I labeling,50 personal rnedications, 5 I pesticides, 53 restictions, 50 separation, 50 stored in food containers, 50 uses, 50 Two-corpartment sinks, 33 Unauthorized personnel, l0 Utensils cleaning,32-37 commercial design" 25 definition. 7 in-use, storage of, 18 sanitization, manual, 32-34 sadtization, mechanical, 35-3 7 storage,33-39 air-dried, 37, 38 prohibited areas, 29 used to minimize bare hand contact, 16-17 wrapped handles, probibited, 27 Utility facility, see Mop sink "V" Threads, 27 INDEX Vegetables and frui$ cooking temperatures, 2 I food preparation sink, l7-18 sulfiting agents, 18 washing prior to use, 17 Ventilation, 28-29 Walls atEchments, 48 cleaning, 49 construction, 48 temporary retail food establisbments, 58 Warewashing air-drying,37, 38 definition" 7 &ainboard sizing, 33 garbage grinders/disposals, 42 manual, 32-34 drainage, 42 therrnometer, 33 using a three-corparUnent sinlq 33-34 mechanical, 35-37 machine drainage, 42 Waste, see Garbage Waste receptacles at hanalsinls, 44 in toilet facilities, 44 Wastewater equiprnent drainage, 42 rnobile retail food establishments, 55 sewage, 45 tenporary retail food establishments, 58 Water bottled water, source, 40 bulk water transport, 40 6sndifisning devices, 42 fogging devices, 45 flushing and disinfection, 40 mobile retail food establishnents, 54-55 non-potable, 40 peak hot water deuunds,41, Appendix D pressure, minimur4 41 Water source, 40 steanl 41 temperature, minimurn, 4l temporary retail food establisbments, 57-58 treatment, 40. under in{luence ofsurface water, 40 Water activity (a*), definition, 7 Wicker, 27 Wild mushrooms approved sources, 15 Wiping cloths laundering,38 sanitizing solutioq 18 sponges, 18 use of, l8 Wound, infected l0 INDEX - 6 APPENDIX A - Potentially Hawrdous Foods "Potentially Hazardous Food" means any food or food ingredient, nahral or synthetic, in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms or the slower growth of C. botulinum. A food is potentially hazardous: a) if it is of animal origin such as meat, milk, fish, shellfish, edible crustacea, or poultry; or b) if it is of plant origin and has been heat treated; or c) if it is raw seed sprouts. The following is a limited list of specific food products that have been classified to be potentially hazardous. 1. Bacon - If it has not been fully cooked. 2. Balutes - Fertile eggs, generally chicken or duck eggs, which are incubated for a period of time shorter than is necessary for hatching. The developing embryo is incubated generally 14 to 18 days and is considered a delicacy by various etlmic populations when eaten raw or cooked. 3. Beans - All tlpes of cooked beans. 4. Whipped Butter - Hazardous because of the appareirt reduced microbiological safety factor created by whipping. 5. Cheese - Soft umipored cheese. Ripened, low moisture hard cheese such as wheels, flats, blocks or longhorns of cheddar cheese produced from pasteurized milk, when waxed or packaged in nshrink" wrapping with the wax or packaging intact, can be safely shipped or stored for a short period of time without refrigeration but it is not recommended. Ifwheels, flats, blocks, longhorns, or any other forms of cheese have bean damaged, cut and repackaged for display and/or sale, thereby exposing interior surfaces to possible contamination, the cut portions as well as tlte remaining cheese shall be held rmder refrigeration. 6. Coffee Creaming Agents - All non-dairy coffee creaming agents in liquid fornL except as€ptically processed ultra high temperature (JHT) liquid coflee creaming agents. 7. Eggs - Cooked, cracked, fresh with outer shell removed, peeled hard-boiled eggs, and bard-boiled eggs with intact shells which have been hard-boiled and then cooled in liquid. Refrigeration of raw whole eggs in the shell is required. 8. Garlic - Garlic in oil products. 9. Mayonnaise or Other Acidified Salad Dressings - If the pH is above 4.6 andlor combined with ofher food products. 10. Onions - Cooked and dehydrated that have been reconstituted. ll. Pasta - All types that have been cooked. 12. Pastries - Meat, cheese and cream filled. 13. Pies - Meat, fish, poultry, natural cream, synthetic cream, custard, pumpkin and pies that are covered with toppings which will support microbial growth. 14. Potatoes - Baked, boiled or fried. 15. Rice - Boiled, steamed, fried, Spanish and cooked rice used in sushi. Cdlorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 A-1 16. Sauces - Hollandaise and other sauces, containing potentially hazardous ingredients. If these are held in the temperature range of 4l'F (5'C) to 135"F (57"C), they must be discarded within four hours of preparation. 17. Sour Cream - Ifthe pH is above 4.6 and/or combined with other food products. 18. Soy Protein - Tofu and other moist soy protein products. 19. Seed Sprouts - All fypes. Foods Which Are Not Potentially Hazardous Are: 1. Hard-Boiled eggs with shells intact which have been airdried; 2. Foods with a water activity (a*) value of 0.85 or less; 3. Foods with a measurement of acidity (pH) of 4.6 or below; 4. Foods which have been adequately commercially processed and remain in their unopened hermetically sealed container; and 5. Food for which laborato'ry evidence (acceptable to the regulatory authority) demonstates that rapid progressive growth of infectious and toxigenic microorganisms or the slower growth of C. botulinum cannot occur. Colorado Retail Food Establishment Rules And Regulations 6 CCR 101G2 A-2 APPENDIX B - Safe Materials Colorado Pure Food and Drug Law (3) a. Sections 25-5402 (3) and (12)' C.R.S. "Color addifive" means a material which: 1. Is a dye, pigment, or other substance made by a process of synthesis or similar artifice or extracted, isolated, or otherw'ise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source; and 2. When added or applied to a food, drug, or cosmetic or to the human body or any part thereof; is capable (alone or through reaction with other substance) of imparting color thereto; except that such term does not include any material which is exempted rmder the federal act. b. Nothrng in this subsection (3) shall be constued to apply to any pesticide chemical, soil or plant nutienl or other agricultural chemical solely because of its effect in aiding, retarding, or othenvise affecting, directly or indirectly, the growh or other natural physiological process or produce of the soil and thereby affecting its color, whether before or after harvest. (12) "Food additive" means any substance, the intended use of which results or may be reasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treatin& packaging, tanspoding, or holding such substance is not generally recognized among experts qualified by scientific training and experience to evaluate its safety as having been adequately shown through scientific procedures or, in the case ofa substance used in a food prior to January I, 1958, through either scientific procedwes or experience based on cornnx,n use in food) to be safe under the conditions of its intended use. The term does not include: a. A pesticide chemical in or on a raw agricultural commodity; b. A pesticide chemical to the exient that it is interded for use or is used in the production, storage, or transportation of any raw agriculnral commodity; c. A color additive; or d. Any substance used in accordance with a sanction or approval granted prior to the enactment of the amendment to the federal act known as the "Food Additives Amendment of 1958,' the Poultry Products Inspectional Act" (21 U.S.C. 451-470), or the "Meat Inspection Act of March 4, 1907," as amended and extended (21 U.S.C. 7l-91). Colorado Retail Food Establishment Rules And Regulatbns 6 CCR 1010-2 B-1 APPENDD(C-PlanReview Date: Name of Establishment: Address of Establishment: Name of Operator (owner): Address of Operator (owner): Name of Local Contact: Name of Contractor: Address of Architect: Name of Architect: Date Construction will begrn: New Establishment: Tlpe of Establishment (check all that apply): _ Full Service _ Bar _ Conveniance Store - Deli _ Caterer _ School _ FastFood _ Other (please speciS): Colorado Retall Food Estiablishment Rules And Regulauons 6 CCR 101C2 c-1 Phone: Fax: Phone: Fax: Phone: FAX: Phone: FAX: Phone: FAX: Phone: FAX: Phone: FAX: Phone: FAX: Date of Planned Opening: Rernodel: - Coffee Shop - Market (Grocery) - Fish Market - MeatMarket - Concession - Specialty Shop Mobile Unit Seating Capacity (indoor and outdoor): Total Square Feet of the Establishment: Total Square Feet ofthe Kitchen Area: Have these plans been submitted or do you int€nd to submit these plans to other counties ia the State of Colorado? _ Yes _ No If yes, which cormty(s): If Operation is Seasonal, List the Months of Operation: Day(s) and Hours of Operation: .lavft) Projected Daily Maximum Nrmber of Meals to be Served: Number of Staff (maximum per shift): hours Brealdast Lunch Dinner Colorado Retail Food Btaubhment Rules Ar|d Regula$oos 6 ccR 't010.2 c-2 TTTT'. FOLLOWINGDOCT]MENTSARE NECESSARY AI{D MUST BE INCLT]DED IN ORDER TO COMPLETE THE PLAN REVIEW. LACK OF COMPLETE INFORMATION MAY DELAY REVIEW AI\ID PLAN APPROVAL. 1. Proposed manu, including a list of foods which will require cooling after cooking and the method that will be used to cool these foods. 2. Facility floor plan. Drawn to scale. 3. Specification sheets of all equipment, including make and model numbers. 4. Shop drawings of all custom fabricated equipment and cabinetry. Drawn to scale' 5. Site plan showing the location ofthe business in the building, location of the building on site including alleys, streets and the location of any outside facility (dumpsters, walk-in units, grease interceptsrs etc.). 6. A complete interior finish schedule. 7. Mechanical, plumbing and electrical schedules. Drawn to scale' 8. Water heater specifications, including make and model number. 9. Location of chemical and personal belongings storage, 10. Water supply and wastewater systems. Colorado Retail Food Esiablishment Rul€s And Regulations 6 CCR 101G.2 c-3 L Menu And Food Handling Procedures: A. Submit Menu B. Is there aHazard Analysis Critical Control Point (HACCP) Plan/Food Handling Procedure Manual that describes preparation, cooling, reheating, cooking of foods and the handling of leftovers? _ Yes _ No Ifyes,pleasesubmitwithplans. C. List the foods that will be prepmed more than 12 hours in advance of service. D. List the foods and describe the methods of how hot foods will be cooled to 41oF (5"C) or below. E. List the foods and describe the methods of how foods will be rapidly reheated to 165T' (74"C) or above. F. List the foods and indicate how hot foods will be held at 135"F (57C) or above. G. How will frozen foods be thawed? H. Will raw meats, poultry, and seafood be stored/displayed in the same refrigerator(s) and freezer(s) with cooked, ready-to-eat foods? _ Yes _ No I. Indicate the total number of refrigeration and freezer units: J. Will catering be conducted? _ Yes _ No K. Will food be transported or delivered to another location? _ Yes - No If yes, what equipment will be provided to maintain fmd at proper tenrperatures during transport? L. Will the produce used be washed in the establishment, or will all produce be received pre- washed: M. Will vacuum packaging be conducted in the establishment? _ Yes - No Ifyes, please provide the required HACCP Plan for each category offood to be vacuum packaged. Colorado Retail Food Establishment Rules And Reguhtions 6 CCR 101G2 c-4 II. Facility Floor Plan: A. Submit Floor Plan Drawn To Scale. B. Floor Plan Must Include Location and Identification of AII Equipment and Areas Including: 1. Sinks - a) Handsink(s) b) Vegetableffood Preparation Sink(s) c) Utility/I\4op Sink(s) d) Dump SinKs) e) Warewashing Sink(s) f) Other 2. Wait Station(s) 3. Toilet Facilities 4. Dry/Food Storage Area(s) 5. Employee Break/Locker Area(s) 6. Chernical Storage Area(s) 7. Water Heater Location 8. Bar Service Area(s) 9. lndoor/OutdoorSeating 10. Outdoor Cooking/Bar Area(s) I I . Location Of Laundry Facility 12. Recycle/DamagediReturned GoodsLocation 13. Location Of All Floor Sinks and FloorDrains 14- Greaselnterceptor/GreaseTrap 15. Ice Bins,{ce Machines 16. Dip'per Wells 17. Chemical Dispensing Units Colorado Retail Food Establishment Rules And Regulations 6 CCR 101G.2 c-5 III. EquipmentSpecifications: A. Submit equipment specification sheets, including make and model numbers of the equipment. If the specification sheet lists more than one piece of equipment, identiff the specific equipment to be used. If there is no specifrcation sheet available, the equipment will only be accepted upon a field inspection to determine if it meets commercial design criteria. B. Submit shop drawings of all ventilation hoods. Drawn to scale. C. Submit shop drawings of all custom fabricat€d equipment and cabinetry. Drawn to scale, D. Submit the following water heater information: (See Appendix D for criteria on calculating adequate amounts ofhot water) l. Make:ModelNumber: 2. BTU/Ifilowatt Rating: 3. Recovery Rate, l(X)T rise, at sea level: Colorado R€tail Food Esteblishment Rules And Regulations 6 CCR 101G2 c-6 E. Submit installation specifications. Use the following chart to indicate equipment spacing and elevation; which equipment will be placed on legs and/or casters, quick disconnects (etc.): Equipment Installation List Installation Methods At Floor At Wall Adjacent Equipment Equipment Make and Model :E o (D zo{ 2 ah(! Itt rD (D .19 aIA z ot !C G iD tavt o o !t.j (D Ll)o E o (! t.) o u)o6 A' o ov, (} Colorado Rebil Food Establishment Rules And Regulations 6 CCR 1010-2 c-7 F.Submit the following warewashing information: 1. MANUAL - Include the following for all warewashing sinks: (Kitchen, Dishroom, Bar, etc.) a) Size ofeach sink cornpartment: Length: Width: Length Width: Length: Width: Depth: Depth: Depth: b) Size ofall soiled and clean drain board(s)/drying racks: Length:Depth: Length:Depth: Length: Width:Depth: c) he-Rinse / Spray Hose hovided: - yes - no MECHANICAI: Make and model numbers of warewashing machine(s): Heat or chernical sanitization: Booster lleater: 1. Make and Model Number: 2.Recovery Rate,40T Rise, at sea level: 3. Distance from the Warewashing Machine: width: width: 2. a) b) c) d) e) Manufacturer's hot water requirernent (gallons per hour): Size of all drain boardVdrying racks (length and width): D Pre-Rinse / Spray Hose Provided: Colorado Retail Food Establishmenl Rules And Regulations 6 CCR 101&2 c-8 Yes No g) Soak Sink Provided: - Yes - No G. GarbageDisposals: - Yes - No lfyes, Indicatelocation(s) H. Refrigeration/Freezer Capacities - Complete the following table: TYPE OFI]MT # OF T'I{ITS PROVIDEI) TOTAL CUBICFEET Walk-in Refrigeration Reach-in Refrigeration Walk-in Freezer Reach-in Freezer Blast Chiller Retail Display Dsplayed Food lterns: l. Bulk Food ltems: - Yes - No If yes, submit equipment specifications for food bins. Include vendor provided equipment. 2. Food Shields - Submit the type and location (If custom desigrr, please submit shop drawings): Colorado Retail Food Establishment Rules And Regulaltom 6 CCR 1010-2 c-9 IV. PREMISES: A. Submit site plan which includes the following: Refuse Enclosures, Compactors, Outside Walk-in Coole{s/Freezer(s), Location of Water Suprply, Sewage Disposal Systern, Grease Interceptor, Alleys, Streets, Parking and Outside Storage Areas. B. Water Suprply and Wastewater Systerns: l. Water Supply: a) Community/Public: Name of District: b) Non-Community/Private: c) Well: _ Spring: PWSID#: If it is a well, indicate the depth: Method of Disinfection: 2. Sewage Disposal: a) Municipal/Public: Colorado Retail Food EslablishrEnt Rul€s And Regulatons 6 CCR 101G2 c-10 Name of District: b) hdividual Sewage Disposal System (ISDS): attco c)U o IF 6 q) (g -obE g>-- C) ctl 6l (1, a lD a o €) , OE i5"b at)6t- c):tro ii6 th d6FrE (a z ^/t. X ()a h ficr ='.r =\o 4) €€E 0.) Es t) (.) hF trrl6lLz€ Ea tlr 6l {)e6 6a=6g $o -gtI E d .9 tr c) E.Ce o 4' uJ E l! (!GIootrF ^oEIEE6()EO(J@ a() rN) a C)t5lEC ;,a eE trr +r Gl f \;€aOrn-r! = *iz.tra 91 47. :E,'\ooZ,F -.c ;,r!+r\J(u .,.IY\/E'<4 VI. Mechanical, Plumbing, and Electrical Schedules: A. Plumbing: l. Submit the location of all floor sinks and floor drains. 2. List all the equiprnent that will be installed with an indirect waste pipe. 3. Submit the location of all hose bibbs. 4. Submit the number and location of all toilet fixtures (Including handsinks, urinals, and water closets). 5. Submit the location ofthe grease trap or interceptor. 6. Submit the make, model and location of all chemical dispensing unit(s). 7 . Use the following chart to list the location of all backllow prevention devices, including all vendor supplied items: EQIIIPMENT INTERNAL PROTECTION EXTERNAL PROTECTION Warewashing Machines WaterWash Hoods Chemical lnjection Towers Soda Stations Coffee Urns Ice Makers Dipper Wells Commercial Disposal with Pre-rinse Tea Dispenser Mop Sink Hose Bibb(s) Reel Lines Steam Keftle Faucets B. Mechanical: Colorado Rstail Food Establishment Rules And Regulations 6 CCR 101S.2 c-12 L submit a complete ventilation schedule including exhaust capacities (cubic feet per minute ratings) for all hoods and the location and capacity of all make-up air diffusers. 2. If the ventilation hoods are UL listed for lower air flows, submit the information located on the manufacturer's UL listing card. 3. Include ventilation svstems in restrooms. C. Electrical: 1. Submit the location and type of light fixtures tbroughout the facility, including the fi xtures in walk-in refrigeration/freezer units. 2. Submit the type of bulbs and/or shielding for each type of light fixtwe, where required. 3. Indicate the location oftansformers and electrical panels if located in the food preparation/ food storage areas. Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 c-13 APPENDIX D - Worksheetfor Cdculating Minimum Hot lAatur Requirements The following worksheet is provided to assist operators in calcuiating hot water usage and sizing of the water heater required for the operation. I. Calculate Total Water Required By All Fixtures; A. Tkee compartrnent sink calculation of water usage: 1 . Measure dimensions, in inches, of each compartment, if compartments are not the same dimensions see note below. Length =_ Width =Depth = 2. Insert measurements into equation (-x-x-x3x--375 )-231=Length Width D.pth Water Usage Note: If all the compartment sizes of the sink are not the same, then 3 is taken out of the equation, and the above calculation is done for each compartment. The volumes are added to obtain the total gallons per hour ofhot water used in the sink. Enter number into the attached "Table to Calculate Total Water Required By All Fixtures," found on page Appendix D-4. B. Utensil soak sink I . Measure dimensions. in inches. of the sink Length: _ Width =Depth = 2. Insert measurements into equation (-x-x-x .375)+231 = - Length Width Depth Water Usage Enter number into the attached "Table to Calculate Total Water Required By All Fixtures," found on page Appendix D4. Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 D-1 C. Dishmachine and conveyor pre-rinse water usage: Use manufacturer's rating in gallons per hour Enter number into attached "Table to Calculate Total Water Required By All Fixtures." Clothes washer water usage: Use manufacturer's rating, or 32 GPH for 9-12 pormd washer, or 42 GPH for 16 pound washer. Enter number into the attached "Table to Calculate Total Water Required By All Fixtures," found on page Appendix D-4. D. Use the gallon per hour rating for each tJDe of fixture found in the "Table to Calculate Total Water Required By All Fixtures" and the number of fixtures in the operation to determine maximum hourly usage for each t1rye of fixture in the operation. Total water (gph) required by all fixtr.res: tr. Calculate Maximum Hourly Hot Water Usage If gas water heater is used go to Step A; if electric, Step B. A. Gas Water Heater: If a gas water heater is to be used, calculate the maximum hourly hot water usage for the facility by adjusting the total water required by all fixtures for altitude. The altitude adjustnent is4o/oper 1000 feet ofelevation, or20%o at 5000 feet. Use the following equations to determine the maximum hourly hot water usage when a gas powered water heater is to be used: (.04 x + 1000)+1= elevation of facility adjustnent factor adjustment factor total water required maximum hourly by all fxtures hot water usage For example, if the total gallon per hour usage for an establishment at an elevation of 5000 feet is 100 GPH, the adjustment factor is 1.2. Thereforc, a water heater with 120 GPH recovery rate would be required. Use this value in the equation to calculate the minimum BTU rating of the water heater. B. Electric Water lleater: If an electric water heater is to be used, the maximum hourly usage for the operation is the same as the total water required by all fixtures. Use this value in the equation to calculate the minimum Kilowatt rating of the water heater. Colorado Retall Food Establishment Rules And Regulationg 6 CCR 101G2 o-2 C. Insert the value determined in step A or B above in m D (3), Appendix C, Plan Review Form, Page Appendix C-6. This value is the minimum recovery rate of the water heater which should be provided for the facility. trL Calculate the minimum BTU or Kilowatt rating of water heater: A. For gas water heater, calculate the minimum BTU rating: (Max hourlv usage as calculated above) x (100) x (8.33) = minimum BTU rating .75 or use manufacturer's thermal efficiencv B. For electric water heater, calculate the minimum Kilowatt rating : (Max hourlv usaee as calculated above) x (100) x (8.33) = minimum Kilowatt rating 3412 C. Select water heater based upon BTU or Kilowatt rating. Make:; Model #: BTU orKilowattRating: Recoverv rate:gallons per hour at l00oF rise at sea level. Colorado Retail Food Establishment Rules And Regulations 6 CCR 101S2 D-3 Table to Calculate Total Water Required By All Flxtures. Plumbing Fixture Water Usage (gallons per hour) Number of fixtures Maximum hourly water usage per type of fixture (gallons per hour) example: warewashing machine 50 1 50 example: handsink(s)f,4 (5xa:)20 3 -comoartment sink 3-compartment sink (bar) utensils soak sink warewashing machine warewashing machine conveyor pre-rinse clothes washer hand operated pre-rinse sprayer 32 handsink(s), include rest rooms ) mop sink 1 garbage can washer 35 showers 14 hose bibb used for cleaning 35 Total water (gph) required by all frxtures Colorado Retail Food Establishment Rules And R€gulations 6 CCR 1010-2 D-4 APPENDIX E - Specifrc Usage Additives 1733f 0 Boiler water additives. Boiler water additives may be safely used in the preparation of steam that will contact food, under the following conditions: A. The amormt of additive is not in excess of that required for its functional purpose, and the amount of steam in contact with food does not exceed that required to produce the intended effect in or on the food. B. The compounds are prepared from substances identified in paragraphs (c) and (d) ofthis section, and are zubject to the limitations, if any, prescribed: Colorado Retail Food Establishment Rules And Regulations 6 CCR 't 010-2 E-1 C. List of substances: Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 E_2 Substances Limitations Acrulqmide-sodir rm aenrlafe resrn Contains not more than 0.05 percent by weight of acrylamide monomer. Total not to exceed 20 parts per million (active) in boiler feedwater. Minimum mol. Wt. 1,500. Total not to exceed 1.5 parts per million in boiler feed water. Copolymer contains not more than 0.5 percent by weight of acrylic acid monomer (dry weight basis). As defined n 172.820 of this chapter. Total not to exceed 1 part per million in boiler feed water (calculated as the acid). Minimummolwt. 1,000. Acrylic acid/ 2 -acrylamido-2-methyl propane sulfonic acid copolymer having a minimum weight average molecularweight of 9,900 and a minimum number average molecular weight of 5,700 as determined by a method entitled "Determination of Weight Average and Number Average Molecular Weight of 60/40 AA/AMPS" (October 23, 1987), which is incorporated by reference in accordance with 5 U.S.C. 552(a). Copies may be obtained from the Center for Food Safety and Applied Nutrition (IIFS-200), Food and Dnrg Administration, 200 C St. SW., Washington, DC 20204, or may be examined at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. Ammonium alginate. Cobalt sulfate (as catalyst). l-hydroxyethylidene-1, 1-diphosphonic acid (CAS Reg. No. 2809-214) and its sodium and potassium salts. Ligtosulfonic acid. Monobutyl ethers of polyethylene-polypropylene glycol produced by random condensation of a l:1 mixture by weightof ethylene oxide and propylane oxide with butanol. Poly(acrylic acid-co-hypophosphite), sodium salt (CAS Reg. No. 7105062-9), produced from a 4:t to a l6:l mixture by weight of acrylic acid and sodium hypophosphite. Pnlvethvlene olwcol Polymaleic acid [CAS Reg. No. 26099-09-2], and/or its sodium salt. [..CAS Reg. No. 30915- 61-8 or CAS Reg. No. 70247-9041. Polyoxypropylene glycol....... Potassium carbonate. Potassium tripollphosphaie. Sodium acetate. Sodiurn alginate. Sodium aluminate. Sodium carbonate. Substances Limitations Sodirrm carlroxv-mefhvlcel hrlnse Contains not less than 95 percent sodium carboxymethylcellulose on a dry-we ight basis, with maximum substitution of 0.9 carboxymethylcellulose groups per anhydroglucose rmit, and with a minimum viscosity of 15 centipoises for 2 percent by weight aqueous solution at25"C; by method prescribed in the "Food Chemicals Codex," 3d Ed. (1981), pp.280-282, which is incorporated by reference. Copies may be obtained from the National Acaderny Press, 2101 Constitution Ave. NW., Washington, DC 20418, or may be examined at the Office of the Federal Register, 800 North Capitol Sheet, l.IW., suite 700, Washington, DC 20408 Less than I part per million cyanide in the sodium glucoheptonate. Sodium hexametaphosphate. Sodium humate. Sodium hydroxide. Sodium lignosulfonate. Sodium metabisulfite. Sodium metasilicate. Sodium nitrate. Sodium phosphate (mono-, di-, hi-). Sodium polyacrylate. Sodium polymethacrylate. Sodium silicate. Sodium sulfate. Sodium sulfite (neutral or alkaline). Sodium tripolyphosphate. Tannin (including quebracho exhact). Tetrasodium EDTA. Tetrasodium pyrophosphate. Colorado Retail Food Establishment Rules And Regulalions 6 CCR 't010-2 E-3 Substances Llmitations C.vclohexvlamine Not to exceed l0 parts per million in stearL and excluding use of such steam in contact with milk and milk products. Not to exceed 15 parts per million in steam, and excluding use of such steam in contact with milk and milk products. Zero in steam. Not to exceed 10 parts per million in steam, and excluding use of such steam in contact with milk and milk products. Not to exceed 3 oarts oer million in steam. and Diethvlaminoethenol Hvdrazine Mornhnline Clctedecvlamine Tri snrlir rm nifri lntrincef nfe excluding use of such steam in contact with milk and milkproducts Not to exceed 5 parts per million in boiler feedwater; not to be used where steam will be in contact with milk and milk products. D. Substances used alone or in combination with substances in paragraph (c) of this section: E. To assure safe use of the additive, in addition to the other information required by the Acq the label or labeling shall bear: l. The common or chemical name or names of the additive or additives, 2. Adequate directions for use to assure cornpliance with all the provisions of this sectlon. Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 E-4 APPENDIX F - Lubricants 178.3570 Lubricants With Incidental Food Contact Lubricants with incidental food contact may be safely used on machinery used for producing, manufacturing, packing, processing, preparing, heating, packaging, transporting, or bolding food, subject to the provisions of this section. A. The lubricants are prepared from one or more of the following substances. 1. Substances generally recognized as safe for use in food. 2. Substances used in accordance with the provisions of a prior sanction or approval. 3. Substances identified in this paragraph (a)(3). Substances Limitations A hrmintrm stezrnwl henznwl hvdrnvide For use only as a thickening agent in mineral oil lubricants at a level not to exceed l0 pct by weight of the mineral oil. Addition to food not to exceed l0 parts per mrllion. Do. Do. Do. For use only as a wetting agent in mineral oil lubricants at a level not to exceed 15 percent by weieht of the mineral oil. Do. BHA. BHT. cr-Butyl-omega-hydroxypoly(oxyethylene) poly(oxypropylene) produced by random condensation of a I : 1 mixture by weight of ethylene oxide and propylane oxide with butanol; minimum molecular weight 1,500; Chemical Abstracts Service Registry No. 9038- 95-3. aV -Butyl -ome ga-hydroxypoly(oxypropylene) ; minimum molecular weight 1,500; Chemical Abstracts Service Registry No. 9003-13-8. Castor nil Castor oil, dehydrated Castor oil, partially dehydrated Dialkyldimethylammonium aluminum silicate (CAS Reg. No. 68953-58-2), which may contain up to 7 percent by weight 1,6- hexanediol (CAS Reg. No. 629-l l-8), where the alkyl groups are derived from hydrogenated tallow fatty acids (C1a{1s) and where tlre aluminum silicate is derived from bentonite. Dimethylpolysiloxane (viscosity greater than 300 centistokes). Addition to food not to exceed I part per million. Colorado Retail Food Establishmenl Rules And Regulations 6 CCR 1010-2 F-1 Substances Limitations Disodium decanedioate (CAS Reg. No. 17265-14- 4). Disodium EDTA (CAS Reg. No. 139-33-3) Ethoxylated resin phosphate ester mixture consisting of the following oompounds: I . Poly(methylene-p-tert-butyl-phenoxy) poly(oxyethylene) mixture of dihydrogen phosphate and monohydrogen phosphate esters (0-40 percent ofthe mixture). The resin is formed by condensation of I mole of p ted-butylphenol with 2 to 4 moles of formaldehyde and subsequent ethoxylation with 4 to 12 moles of ethylene oxide;. 2. Poly(methylene-p-nonylphenoxy) poly(oxyethylene) mixture of dihydrogen phosphate and monohydrogan phosphate esters (040 percent of the mixture). The resin is formed by condensation of I mole of p- nonylphenol with 2 to 4 moles of formaldehyde and subsequent ethoxylation with 4 to 12 moles of ethylene oxide; and. 3. N-Tridecyl alcohol mixture of dihydrogen phosphate and monohydrogen phosphate esters (40 to 80 percent of the mixture; CAS Reg. No. 56831-62-0) Fatty acids derived from animal or vegetable sources, and the hydrogenated forms of such fatty acids. 2-(8-Heptadecenyl)4,5-dihydro- I H-imidazole- I - ethanol(CAS Reg. No. 95-38-5). Hexamethylenebis(3,5 -di-tert-butyl-4- hydroxyhydrocinnamate) (CAS Reg. No. 3s074-77-2). u-Hydro-ome ga-hydroxypoly (oxyethylene) poly(oxypro'pylene) produced by random condensation ofmixtures ofethylene oxide and propylene oxide containg 25 to 7 5 percent by. weight of ethylene oxide; minimum molecular weight 1,500; Chemical Abstacts Service Registry No. 9003-l l-6. I 2-Hydroxystearic acid. For use as a corrosion inhibitor or rust preventative in mineral oil-bentonite lubricants at a level not to exceed 2 percent by weight of the grease. For use only as a chelating agent and sequestrant at a level not to exceed 0.06 percent by weight of lubricant at final use dilution. For use only as a surfactant to improve lubricity in lubricating fluids complying with this section at a level not to exceed 5 percent by weight ofthe lubricating fluid. For use at levels not to exceed 0.5 percant by weight of the lubricant. For use as an antioxidant at levels not to exceed 0.5 percent by weight ofthe lubricant. Addition to food not to exceed 10 parts per million. Isonrnnvl oleate For use only as an adjuvant (to improve lubricity) in mineral oil lubricants. Colorado Retail Food Establishmenl Rules And Regulations 6 CCR 1010-2 F-2 Substances Limitations Magnesium ricinoleate For use only as an adjuvant in mineral oil lubricants at a level not to exceed l0 percent by weight of the mineral oil. Addition to food not to exceed l0 parts per million. For use as a corrosion inhibitor at levels not to exceed 0.5 percent by weight ofthe lubricant. For use only as an antioxidant at levels not to exceed 0.5 percent by weight ofthe lubricant. Complying with 178.3700. Addition to food not to exceed l0 parts per million. For use only, singly or in combination, as antioxidant in mineral oil lubncants at a level not to exceed a total of I percant by weight of the mineral oil. For use only as an adjuvant at levels not to exceed 0.5 percent by weight ofthe lubricant. For use only as a corrosion inhibitor or rust preventative in lubricants at a level not to exceed 0.5 percent by weight of the lubricant. For use only as an adjuvant in mineral oil lubricants at a level not to exceed l0 percent by weight of the mineral oil. Addition to food not to exceed l0 parts per million Do. Do. For use only as a thickening agent in mineral oil lubricants. For use only as a rust preventive in mineral oil lubricants at a level not to exceed 3 percent by weight of the mineral oil. For use only as an antioxidant at levels not to exceed 0.5 percent by weight ofthe lubricant. For use as an antioxidant at levels not to exceed 0.5 percent by weight ofthe lubricant. Mineral o'il N-Methyl-N-(l -oxo-9-octadecaryl)glycine (CAS Reg. No. I 10-25-8). N-phenylberuenamine, reaction products with 2,4,4-trimethylpentene (CAS Reg. No. 68411- 46-r). Petrnl qtt t!'n Phenvl -cr-and/or nhenvl-R-nanhthvl amine Phosphoric acid, mono- and dihexyl esters, compounds with tehamethylnonylamines and Crr-u alMamines. Phosphoric acid, mono- and diisooctyl esters, reacted with tertalkyl and (C,t{'o) primary amines (CAS Reg. No. 68187{7-7). Polyurea, having a nirogen content of9-14 percent based on the dry polyurea weight, produced by reacting tolylene diisocynate with tall oil fatty acid (Cro and C1s) amine and ethylene diamine in a 2:2:1 molar ratio. Polybutene (minimum average molecular weight 80,fi)o) Polybutene, hydrogenated; complying with the identity prescribed rmder l7 8.37 40. Polvethvlene .. -.-. Polyi sobutylene (average molecular weight 35,000- I 40,000 (Flory)). Sodium nitrite ---.- Tetrakis {methylene(3,5di-tert-butyl4- hydroxyhydro-cinnamate))methane (CAS Reg, No. 6683-19-8). Thiodiethylenebis (3,5 -di-tert-butyl-4- hydroxyhydrocinnamate) (CAS Reg. No. 41484-35-9). Triphenyl phosphorothionate (CAS Reg. No. 597- 82-o) For use as an adjuvant in lubricants herein listed at a level not to exceed 0.5 percent by weight of the lubricant. Colorado Retail Food Establishment Rules And Regulations 6 CCR 101S2 F_3 Substances Limitations Tris(2,4-di-tert-butylphenyl)phosphite (CAS Reg No.31570-044). Thiodiethylenebis(3, 5 -di-tert-butyl-4-hydroxy- hydro-cinnamatexcAs Reg. No. 41484-35-9). Zinc sulfide For use only as a stabilizer at levels not to exceed 0.5 percent by weight offlre lubricant. For use as an antioxidant at levels not to exceed 0.5 percent by weight ofthe lubricant. For use at levels not to exceed 10 percent by weight of the lubricant. B. The lubricants are used on food processing equipment as a protective antirust film, as a release agent on gaskets or seals of tank closures, and as a lubricant for machine parts and equipment in locations in which there is exposure of the lubricated pat to food. The amount used is the minimum required to accomplish the desired technical effect on the equipment, and the addition to food of any constituent identified in this section does not exceed the limitations prescribed. C. Any substance employed in the production of the lubricants described in this section that is the subject of a regulation in parts 174, 175, 176, 177, 178 and 179.45 of this chapter conforms with any specification in such regulation. Colorado Retail Food Esbblishment Rules And Regulations 6 CCR 1010-2 F -4 APPENDIX G - SANITIZERS Refer to 21 CFR S 178.101, (2003) Sanitizing solutions Colorado Retail Food Establishment Rules And Regulalions 6 CCR 101G2 G-1 r) 2\ 3) 4) s) 6) APPENDD( H - HACCP Guidelines Introduction H.ACCP Principles Summary Acknowledgments Bibliography Other Sources of IIACCP Information 1) Introduction The acronym HACCP stands for Hazard Analysis and Critical Control Point, which is a prevantion- based food safety system. HACCP systems are designed to prevent the occurrence of potential food safety problems. This is achieved by assessing the inherent risks atfibutable to a product of a process and then determining the necessary steps that will confiol the identified risks. Essentially, HACCP is a systan that identifies and monitors specific foodborne hazards-biological, chanical, or physical properties-that can adversely affect the safety ofthe food product. This hazard analysis serves as the basis for establishing critical control points (CCPs). CCPs identiff those points in the process that rnust be controlled to assure tlre safety of the food. Further, critical limits are established that document the appropriate parameters that must be met at each CCP. Monitoring and verification steps axe included in the system, again, to assure that potential risks are controlled. The hazard analysis, critical control points, critical limits, and monitoring and verification steps ar€ documented in a HACCP plan. Seven principles have been developed which provide guidance on the development of an effective HACCP plan' HACCP represents an important food protection tool. HACCP is not something limited to food franchises or chains, The concept can be applied by small independents as well as national or regional companies and can be integrated into the recipes and standard operating procedures ofany size establishment. Employee training is key to successful implementation. Employees must learn which control points are critical in an operation and what the critical limits are at these points, for each preparation step they perform. Establishment management must also follow through by routinely monitoring the food operation to verifo that employees are keeping the process under control by complying with the critical limits. As is the case with industry, mastering and applying regulatory aspects of IIACCP is not limited to large state programs. Local jurisdictions can effectively promote HACCP and apply the concept during inspections. The implernentation of HACCP continues to evolve and to be further refined as new products and procedures are developed and as hazards and their contol nreasures are more clearly defined. To meet the challenges presented by advances in food research, product development, and their impact at retail, regulatory personnel must keep themselves informed. Food protection publications issued by the food industry, professional organizations, and other groups and continuing education programs can be particularly helpful in providing an understanding of food operations and how the application ofHACCP can bring a focus to food safety that traditional inspection methods have lacked. Colorado Retail Food Establishment Rules And Regulations 6CCR 1010-2 H_l A) Definitions Many terms are used in discussion of HACCP that must be clearly understood to effectively develop and implement a plan. The following definitions are provided for clarity: 1) Acceptable level means the presence ofa hazard which does not pose the likelihood of causing an macceptable health risk. 2) Confiol point means any point in a specific food systern at which loss of control does not lead to an unacceptable health risL 3) Critical control point, as defined in the Food Code, means a point at which loss of control may result in an unacceptable health risk. 4) Crilical limit, as defined in the Food Code, means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur. 5) Deviation means failure to meet a required critical limit for a critical control point. 6) HACCP plan, as defined in the Food Code, means a written document that delineates the formal procedures for following the HACCP principles developed by The National Advisory Committee on Microbiological Criteria for Foods. 7) HaTard, as defined in the Food Code, means a biological, chemical, or physical property that may cause an unacceptable consumer health risk. 8) Monitoring means a planned sequence of observations or measurements of critical limits designed to produce an accurate record and intended to ensure that the critical limit maintains product safety. Continuous monitoring means an unintemrpted record of data. 9) Preventive metsure means an action to exclude, destroy, eliminate, or reduce a hazard and prevent recontamination through effective means. 1 0) .Rr's/r means an estimate of the likely occurrence of a hazard. 1l) Sensitive ingredient means any ingredient historically associated with a known microbiological hazard that causes or contributes to production ofa potentially hazardous fciod as defined in the Food Code. 12) Veriftcation means methods, procedures, and tests used to determine if the HACCP system in use is in compliance with the HACCP plan. B)History The application of HACCP to food production was pioneered by the Pillsbury Company with the cooperation and participation of the National Aeronautic and Space Administration (NASA), Natick Laboratories of the U.S. Army, and the U.S. Air Force Space Laboratory Project Group. Application ofthe systern in the early 1960s created food for the United State's space program that approached 100o/o assurance against contamination by bacterial and viral pathogen, toxins, and chemical or physical hazards that could cause illness or injury to astronauts. HACCP replaced end-product testing to provide food safety assurance and provided a preventive system for producing safe food that had universal application. In the succeeding years, the HACCP system has been recognized worldwide as an effective system of controls. The system has undergone considerable analysis, refinement, and testing and is widely accepted in the United States and intemationally. Colorado Retail Food Establishment Rules Ancl Regulations 6 CCR 1010-2 H - 2 C) Advantages of HACCP FDA is recommending the implementation of HACCP in food establishments because it is a system of preventive controls that is the most effective and eflicient way to assure that food products are safe. A HACCP system will emphasize the industry's role in continuous problem solving and prevention rather than relying solely on periodic facility inspections by regulatory agencies. HACCP offers two additional benefits over conventional inspection techniques. Firsg it clearly identifies the food establishment as the final party responsible for assuring the safety ofthe food it produces. HACCP requires the food establishment to analyze its preparation methods in a rational, scientific manner in order to identi$ critical confiol points and to establish critical limits and monitoring procedures. A vital aspect of the establishment's responsibility is to establish and maintain records that document adherence to the critical limits that relate to the identified critical control points, thus resulting in continuous self-inspection. Secondly, a HACCP system allows the ' regulatory agency to more comprehansively determine an establishment's level of compliance. A food establishment's use of HACCP requires development of a plan to prepare safe food. This plan must be shared with the regulatory agency because it must have access to CCP monitoring records and other data necessary to verif. that the HACCP plan is working. Using conventional inspection techniques, an agency can only determine conditions during the time of inspection which provide a "snapshot" of conditions at the moment of the inspection. However, by adopting a HACCP approach, both current and past conditions can be determined. When regulatory agencies review HACCP records, they have, in effect, a look back through time. Therefore, the regulatory agency can better assure that processes are under control. Traditional inspection is relatively resource-intensive and inefficient and is reactive rather than preventive compared to the HACCP approach for assuring food safety. Regulatory agencies are challenged to find new approaches to food safety that enable them to become more focused and efficient and to minimize costs wherever possible. Thus, the advantages of HACCP-based inspections are becoming increasingly acknowledged by the regulatory community. Examples of the successful implementation of HACCP by food establishments may be found throughout the food industry. During the past several years, FDA and a number of state and local jurisdictions have worked with two national voluntary pilot projects for retail food stores and restaurants. These projects involved more than 20 food establishments and demonstrated that HACCP concepts have matured to the point at which they can be formally implemented for all food products on an indusfy-wide basis. 2. IIACCP Principles A) Background The National Advisory Committee on Microbiological Criteria for Foods (NACMCF), which developed HACCP principles, was established in 1988 and has as members, officials from several federal agencies which include the Food and Drug Administration, the Canters for Disease Control and Prevention, the Food Safety Inspection Service, the Agricultural Research Service, the National Marine Fisheries Service, and the U.S. Amy. The NACMCF also has national experts from academia, state government, consumer groups, and the food industry. B) Principles The NACMCF has developed seven widely accepted HACCP principles that explain this process in great detail. To prepare an effective HACCP plan these principles must be followed. Further, a comprehensive review of a HACCP plan must include consideration of these principles. These HACCP principles are discussed below. Colorado Retail Food Esbblishment Rul€s And Regulations 6CCR 1010-2 H_3 r)Principle #l: Hazard Analysis a) Purposes The hazard analysis process accomplishes three purposes: i) Hazards of significance are identified; ii) The hazard analysis provides a risk basis for selecting likely hazards; iiD ldentified hazards can be used to develop preventive measures for a process or product to assure or improve food safety. Before beginning to develop a HACCP plan, a team should be assembled that is familiar with the overall food operation and the specific production processes to be included in the plan. The team's goal and each member's responsibilities in reaching the goal must be clearly defined. The first step in the development of a HACCP plan for a food operation is identification ofhazards associated with the product. A hazard may be a biological, chemical, or physical property that can cause a food to be unsafe. Hazard analysis should include risk assessment of both the likelihood that these hazards will occur and their severity if they do occur. Hazard analysis also involves establishment of preventive measures for control. Hazards that involved low risk and that are not likely to occur need not be considered for the purposes ofHACCP. To be effectively addressed, hazards must be such that their prevention, elimination, or reduction to acceptable levels is attained. Numerous issues have to be considered during hazard analysis' These relate to factors such as ingredients, processing, distribution, and the intended use of the product. These issues include whether a food contains sensitive ingredients that can create microbiological, chemical, or physical hazards; or whether sanitation practices tlat are used can intoduce these hazards to the food that is being prepared or processed. An example is whether the finished food will be heated by the consumer, if it is consumed off the premises. Even factors beyond the immediate control of the food establishment, such as how the food will be treated iftaken out by the consumer and how it will be consumed, must be considered because these factors could influence how food should be prepared or processed in the establishment. b) Flow Diagram Consequently, a flow diagram that delineates the steps in the process from receipt to sale or service forms the foundation for applying the seven principles. The significant hazards associated with each step in the flow diagram should be listed along with preventive measures proposed to control the hazards. This tabulation will be used under Principle 2 to determine the CCPs. The flow diagram should be constructed by a HACCP team that has knowledge and expertise on the product, process, and the likely hazards. Each step in a process should be identified and observed to accurately construct the flow diagram. Some examples of flow diagrams are found at the end of this Appendix. Colorado Retail Food Establishment Rules And Regulations 6 CCR 101G2 H-4 c) Biological Hazards Foodborne biological hazards include bacterial, viral, and parasitic organisms. These organisms are commonly associated with humans and with raw products entering the food establishment. Many of these pathogens occur naturally in the environment where foods are grown. Most are killed or inactivated by adequate cooking and numbers are kept to a minimum by adequate cooling during distribution and storage. Bacterial pathogens comprise the majority of rcported foodbome disease outbreaks and cases. A certain level of the pathogens can be expected with some raw foods- Temperature abuse, such as improper hot or cold holding tefiipef,atures, can significantly magnifu this number. Cooked food which has been subject to cross- contamination with pathogens often provides a fertile medium for their rapid and progressive growth. Enteric viruses can be foodborne, waterbome, or transmitted from a person or from animals. Unlike bacteria, a virus cannot multiply outside of a living cell. Hepatihs A and Noroviruses are examples of viral hazards associated with ready-to'eat foods' Parasites are most often animal host-specific and can include humans in their life cycles. Parasitic infections are commonly associated with undercooking meat products or cross contamination ofready-to-eat food. Fishborne parasites in products that are intended to be eaten raw, marinated, or partially cooked can be killed by effective freezing techniques. The following table provides an assessment ofseverity ofthe biological hazards which rnay be associated with food being prepared, served, or sold in food establishments. Golorado Retail Food Establishment Rules And Regulatbns 6 CCR 1010"2 H-5 Table 1. Hazardous Microorganisms and Parasites Grouped on the Basis of Risk Severitf Severe Hazards Clostridium botulinum Wes A, B, E, and F Shigella dysenteiae Salmonella typhi; paratltphi A,B Hepatitis A and E Brucella aDorlis; B. suis Vibrio cholerae 0l Yibrio vulnificus Taenia solium Trichinella spiralis Moderate Hazards: Potentially Extensive Spreadb Listeria monoq)t o genes Salmonella spp. Enterovirulent Es cherichia colt (EEC) Streptococcus py o genes Rotavirus Norovirus grolp Entamoeba histolytica Dip hy ll obothrium I atum Ascaris lumbicoides Cryptospoidium parvum Moderate llazards: Limited Spread Bacillus cereus Campylobacter jejuni C I o s t r id iu m p erfr in gen s Staphylococcus aureus Yibrio ch ol er a e, non-O I Vi b ri o p arah a emo ly t i cus Yersi n ia enterocol itica Giardia lamblia Taenia saginata "Adapted from Intemational Commission on Microbiological Specifications for Food (ICMSF) (1986). Used with permission, 'HACCP Principles and Applications," Pierson and Corlett, Eds. 1992. Chapman & Hall, New Yorlq NIY. bAlthough classified as moderate hazards, complications and sequelae may be severe in certain susceptible populations. Colorado Retail Food Establbhment Rules And Regulations 6 CCR 1010-2 H-6 d) Chemical Hazards Chemical hazards in foods should be considered during a hazard analysis. Chemical contaminants may be naturally occurring or may be added during the processing of food. Harmful chemicals at very high levels have beEn associated with acute cases of foodbome illnesses and can be responsible for chronic illness at lower levels. The following table provides some examples of chernical hazards found within the naturally occurring and added chernical categories. The Code of Federal Regulations, Title 21, provides guidance on naturally occurring toxic substances and allowable limits for many of the chernicals added during processing (food additives). The FDA Compliance Policy Guidelines also provide information on other naturally occurring chemicals. I Colorado Retail Food Establishmenl Rules And R€gulations 6 CCR 1010-2 H-7 Table 2. Types of Chemical Hazards and Examples' Naturally Occurring Chemicals Mycotoxins (e.g., aflatoxin) from mold Scombrotoxin (histamine) from protein decomposition Ciguatoxin from marine dinoflagellates Toxic mushroom species Shellfish toxins (from marine dinoflagellates) Paralytic shellfish poisoning (P.P.) Diarrhetic shellfish poisoning (DSP) Neurotoxic shellfi sh poisoning (NSP) Amnesic shellfish poisoning (ASP) Plant toxins Pyrrolizidine alkaloids Phytohernagglutinin Added Chemicals Agricultural chemicals: Pesticides, fi.mgicides, fertilizers, insecticides, antibiotics and growth hormones Polychlorinated biphenyls (PCBs) Industrial chemicals Prohibited substances (21 CFR $189) Direct Indirect Toxic elements and compounds: Lead, zinc, arsenic, mercury, and cyanide Food additives: Direct: allowable limits under GMPs Presewatives (nitrite and sulfiting agents) Flavor erhancers (monosodium glutamate) Nuritional additives (niacrn) Color additives Secondary direct and indirect Chemicals used in establishments (e.g., lubricants, cleaners, sanitizers, cleaning compounds, coatings, and paints) Poisonous or toxic chemicals intentionally added (sabotage) 'Used with permission, "HACCP Principles and Applications," Pierson and Corlett, Eds. 1992. Chapman & Hall, New Yorl NY and adapted. Colorado Retail Food Establishment Rules And Regulatlons 6 CCR 101G2 H-8 e) Physical Hazards Illness and injury can result from hard foreigrr objects in food. These physical hazards can result from contamination and/or poor procedures at many points in the food chain from harvest to consumer, including those within the food establishment' As establishments develop their HACCP programs, the following table can be used to further identiff sources ofpotential physical risks to the food being prepared, served, or sold. Tabte 3. Main Materials of Concern as Phvsical Ilazards and Common Sourcess Material Injury Potential Sources Glass fxtures Cuts, bleeding; may require surgery to find or remove Bottles, jars, light, utensils, gauge covers Wood Cuts, infection, choking; may require surgery to remove Fields, pallets, boxes, buildings Stones, metal fragments Choking, broken teeth Cuts, infection; may require surgery to remove Fields, buildings, machinery, wire, employees Insulation Choking long-term if asbestos Building materials Bone Choking trauma Fields, irrproper plant processing Plastic Choking, cuts, infection; may require surgery to remove Fields, plant packaging materialso pallets, employees Personal effects Choking, cuts, broken teeth; may require surgery to remove Employees "Adapted from Corlett (1991). Used with permission, "HACCP Principles and Applications," Pierson and Corlett, Eds. 1992. Chapman & Hall, New Yorlg NY. Colorad,o Retail Food Establishment Rules And Regulations 6 CCR 1010-2 H-9 f) Determining Level of Risk The potential significance or risk of each hazard should be assessed by considering its likelihood of occurrence and severity. The estimate ofrisk for a hazard occurring is based upon a combination of experience, epidemiological data, and information in the technical literature. Severity is the degree of seriousness ofthe consequences of zhazard if it were to become an actuality. Hazard identification in conjunction with risk estimation provides a rational basis for determining which hazards are sigrificant and must be addressed in the HACCP plan. To determine risk during the hazard analysis, safety concerns must be differentiated from quality concems. A food safety hazard is a biological, chemical, or physical property that may cause a food to be unsafe. There may be differences of opinion, even among experts, as to the risk of a hazard. The food establishment must rely upon the expert opinion published in peer reviewed literature or experts who actively assist in the development of the HACCP plan. The hazards must at least include those that are commonly associated with a specific product. lf a hazard that is commonly associated is dismissed from the plan, the basis for rejecting it must be clearly stated in the hazard analysis so that it is understood and agreed to by the regulatory authority reviewing the HACCP plan. g) Hazard Analysis Process This point in hazard analysis consists ofasking a series of questions which are appropriate to each ste,p in the flow diagram. The hazard analysis should question the effect ofa variety offactors upon the safet5r ofthe food. i) hgredients o Does the food contain any sensitive ingredients that are likely to present microbiological hazards (e.g., Salmonella, Staphylococcus aureus), chemical hazards (e.g., afl atoxin, antibiotic, or pesticide residues) or physical hazards (stones, glass, bone, metal)? ii) Intrinsic Factors ofFood o Physical characteristics and composition (e.9., pH, type ofacids, fermentable carbohydrate, water activity, preservatives) of the food during and after preparation can cause or prevent altazard. o Which intrinsic factors of the food must be controlled in order to assure food safety? o Does the food permit survival or multiplication of pathogans and/or toxin formation in the food before or during preparation? Will the food permit survival or multiplication of pathogens and/or toxin formation during subsequent steps ofpreparation, storage, or consumer possession? r Are there other similar products in the market place? What has been the safety record for these products? Colorado Reiail Food Establbhrtent Rules And Regulations 6 CCR 101G2 H_10 iii) Procedures Used for Preparation/ Processing r Does the preparation procedr.ue or process include a controllable step that destoys pathogens or their toxins? Consider both vegetative cells and spores. r Is the product subject to recontamination between tle preparation step (e.g., cooking) and packaging? iv) Microbial Content of the Food . Is the food commercially sterile (i.e., low acid canned food)? . Is it likely that the food will contain viable sporeforming or nonsporeforming pathogens? r What is the normal microbial content of the food stored under proper conditions? r Does the microbial population change during the time the food is stored before consumption? e Does that change in microbial population alter the safety of the food? v) Facility Design r Does the layout of the facility provide an adequate separation of raw materials from ready-to-eat foods? . Is positive air pressure maintained in product packaging areas? Is this essential for product safety? r Is the traffic pattgm for peo'ple and moving equipment a potentially significant source of contamination? vi) Equipment Design r Will the equipment provide the time/temperature control that is necessary for safe food? o Is the equipment properly sized for the volume of food that will be prepared? r Can the equipment be sufficiently controlled so that the variation in performance will be within the tolerance required to produce a safe food? r Is the equipment reliable or is it prone to frequent breakdowns? r Is the equipmort desigred so that it can be cleaned and sanitized? o Is there a chance for product contamination with hazardous substances, e.g., glass? r What product safety devices such as time/temperature intesators are used to enhance consumer safetv? Colorado Retail Food EsEblishment Rules And Regulations 6 CCR 101G2 H-11 viD Packaging r Does the method of packaging affect the multiplication of microbial pathogens and/or the formation of toxins? . Is the packaging material resistant to damage, thereby preventing the enffance of microbial contamination? . Is the package clearly labeled "Keep Refrigerated" ifthis is required for safety? o Does the package include instuctions for the safe handling and preparafion ofthe food by the consumer? o Are tamper-evident packaging featwes used? r Is eachpackage legibly and accurately coded to indicate production lot? r Does each package contain the proper label? viii) Sanitation r Can the sanitation practices that are employed impact upon the safety of the food that is being prepared? o Can the facility be cleaned and sanitized to permit the safe handling of food? r Is it possible to provide sanitary conditions consistently and adequately to assure safe foods? ix) Employee healt[ hygiene, and education r Can employee health or personal hygiene practices irnpact the safety ofthe food being prepared? r Do the employees understand the food preparation process and the factors they must control to assure safe foods? r Will the employees inform management of a problem which could impact food safety? x) Conditions of storage between packaging and the consumer o What is the likelihood that the food will be improperly stored at the wrong temperature? r Would storage at improper temperatures lead to a microbiologically unsafe food? xt) Intended use . . Will the food be heated by the consumer? r Will there likelv be leftovers? Colorado Retail Food Establishment Rules And Reguladons 6 CCR 1010-2 H-12 xii) Intended consumer r Is the food intended for the general public, i.e., a population that does not have an increased risk of becoming ill. r Is the food intended for consumption by a population with increased susceptibility to illness (e.g., infants, the elderly, the infirm, and immunocompromised individuals)? h) Developing Preventive Measures The preventive measures procedure identifies the steps in the process at which hazards can be co'ntrolled. After identiffing the hazards the food establishment must then consider what preventive measures, if any, can be applied for each hazard. Preventive measures are physical, chemical, or other factors that can be used to confiol an identified health hazard. More than one preventive measure may be required to control a specific hazard and more than one hazard may be controlled by a specified preventive measure. For example, if a HACCP team were to conduct alnzzrd analysis for the preparation of hamburgers from frozen beef patties, enteric pathogans on the incoming raw meat would be identified as a potential hazard, Cooking is a preventive measure which can be used to eliminate this hazard. Thus, cooking the preventive measure, would be listed along with the hazard (i.e., enteric pathogens) as follows: Step Identified lJazrl.ll Preventive Measures Cooking Enteric pathogens Cooking su{ficiently to kill enteric pathogens 2) Principle #2: Identify the Critical Control Points (CCP) in Food Preparation A CCP is a point, step, or procedure at which contol can be applied and a food safety hazard can be prevented, eliminated, or reduced to acceptable levels. Points in food preparation that may be CCPs include cooking, chilling, specific sanitation procedures, product formulation control, prevention of cross contamination, and certain aspects of employee and environmental hygiene. For example, cooking that must occur at a specific tenperature and for a specified time in order to destroy microbiological pathogens is a critical control point. Likewise, refrigeration or the adjustonent ofa food's pH to a level required to prevent hazardous microorganisms from multiplying or toxins from forming are also CCPs. Many points in food preparation may be considered control points, but very few are actually critical contol points. A control point is any point, step, or procedure at which biological, physical, or chernical factors can be confolled. Concerns that do not impact food safety may be addressed at control points; however, since these control points do not relate to food safet5r, they are not included in the HACCP plan. Diffe,rerrt facilities preparing the same food can differ in the risk of hazards and the points, steps, or procedwes which are CCPs. This can be due to differences in each facility such as layout, equipment, selection of ingredients, or the process that is used. Generic HACCP plans can serye as useful guides; however, it is essential that the unique conditions within each facility be considered during the development of a HACCP plan. CCPs must be carefully developed and documented. In addition, they must be used only for purposes of product safety. The following decision free is helpful in verifuing which of the food preparation steps should be designated as CCPs. Colorado Retail Food Establishment Rules And Regulations 6ccR 1o1o-2 H-13 Crltlcat Conrof pdnt D.cision Ti€e (AFply at each st€p in loed preparatbn lhat has an denttfied ha:ardl O 1. Do p|sveilive measrrre(s) edst tor tlE adentitie{t hazard ?ttl++l NO Modify step. process or produci t ls oontrof at fiis siep necessary ior sdety ? -ryES ..r.-.Ir...-rtr NO I CRITICAL CONTROL POINT . PROC€ED TO NEXT STEP IN THE DESCRIBED PROCESS YES I I IL---+f-lf+ Nots CCp € STOP. Q2. DoeBftisBtep elaminate or redsge lhe liksly occurrence ot e l*tzard to an acceflable lsvel? I NO I I l&nttisd ha:ad{s) or rcdrretc li*aly occunQncs to ao acca$aHs bvel ? I + YES L----- ** a ccp.--------------) srop" Colorado R6tail Food Establishment Rules And Regulations 6 CCR 1010-2 H-14 Q 3. Could cofltramination with idefiitiad hazrd(s) ocarr itt excass of acceptabte levd{s) or ooLrd thes€ increase lo unacceptabte lev6l(s) ? L"es l-.----r*o---.-*Noraccp->srop, I? Q 4. Wlla gteaq.ent stlp etimimts 3) Principle #3: Estabtish Critical Limits for Preventive Measures Associated wlth Each ldentified Critical Control Point This step involves establishing a criterion that must be met for each prevantive measure associated with a CCP. Critical limits can be thought of as boundaries of safety for each CCP and may be set for prevantive measures such as tenrperature, time, physical dimensions, a,", pH, and available chlorine. Critical limits may be derived from sources such as regulatory standards and guidelines, sciantific literature, experimental studies, and con sultation with experts. Criteria Most Frequently Used for Critical Limits Time Temperafure Humidity aw pH Tifatable acidity Presavatives Salt concentration Available chlorine Viscosity a) Critical Limit A critical limit is defined as a criterion that must be met for each prevantive measure associated with a CCP. Each CCP will have one or more preventive measures that must be properly conholled to assure prevention, elimination, or reduction of hazards to acceptable levels. The food establishment is responsible for using competent authorities to validate that the critical limits chosen will control the identifred hazard. b) Target Level In some cases, variables involved in food preparation may require certain target levels to assure that critical limits are not exceeded. For example, a preventive measure and critical limit may be an internal product temperature of 7l'C (160'F) during one stage ofa process. The oven temperature, however, may be 7l+3oc (l6Gr5"F); thus an oven target terperature would have to be greater than 74'C (165'F) so that no product receives a cook ofless than TloC (160"F). c) Application Example An example for Principle #3 is the cooking of beef patties. The process should be designed to eliminate the most heat-resistant vegetative pathogen which could reasonably be exp€cted to be in the product. Criteria may be required for factors such as temperature, time, and meat patty thickness. Technical development of the appropriate critical limits requires accurate information on the probable maximum numbers of these microorganisms in the meat and their heat resistance. The relationship between the CCP and its critical limits for the meat patty example is shown below: Colorado Retail Food Establishment Rules And Regulalions 6 CCR 101G2 H-15 Process Step CCP Crihcal Limits Cookrng YES Minimum internal temperatur€ of patty: 68'C/155oF Broiler temperature: _ ocl _ "F Time; rate of heating/cooling (e.g., conveyer belt speed in): cm/min: _ ft/min Patw thiclsress'. cm/ in Pati compositi"r=€, y" fut, "Z fitt.. Ovenhumidiw: %RH Principle #4: Establish Procedures to Monitor CCPs a) Observations and Measurements Monitoring is a planned sequence of observations or measur€ments to assess whether a CCP is under control and to produce an accurate record for use in future verification procedures. There are three main pr.rposes for monitoring: D It nacks the system's operation so that a trend toward a loss of control can be recognized and corrective action can be taken to bring the process back into control before a deviation occurs; ii) It indicates wherr loss of control and a deviation have actually occurred, and corrective action must be taken; and iii) It provides written documentation for use in verification of the HACCPplan. Examples of Measurements for Monitoring Visual observations Temperature Time pH aw b) Continuous Monitoring An unsafe food may result ifa process is not properly controlled and a deviation occws. Because of the potentially serious consequences of a critical defect, monitoring procedures must be effective. Continuous monitoring is always preferred when feasible and continuous monitoring is possible with many qpes of physical and chemical methods. For example, the temperature and time for an institutional cook-chill operation can be recorded continuously on tenperature recording charts. If the temperature falls below the Colorado Retail Food Establishment Rules And Regulatbns 6 CCR 101G.2 H-16 4) scheduled temperature or the time is insufficient, as recorded on the chart, the batch must be recorded as a process deviation and reprocessed or discarded, Instrumentation used by the food establishment for measuring critical limits must be carefully calibrated for accuracy. Records of calibrations must be maintained as a part ofthe HACCP plan documentation. c) Monitoring hocedures When it is not possible to monitor a critical limit on a continuous basis, it is necessary to establish that the monitoring interval will be reliable enough to indicate that the hazard is under conFol. Statistically designed data collection or sampling systems lend themselves to this purpose. When statistical process control is used, it . is important to recognize that violations of critical limits must not occur. For example, when a temperature of68"C (155"F) or higher is required for product safety, the minimum temperature of the product may be set at a target that is above this temperafure to compensate for variation. Most monitoring procedures for CCPs will need to be done rapidly because tlre time frame between food preparation and consumption does not allow for lenglhy analytical testing. Microbiological testing is seldom effective for moniloring CCPs because of its time-consuming nature. Therefore, physical and chemical measurements are preferred because they may be done rapidly and can indicate whether microbiological control is occurring. Assignment of responsibility for monitoring is an important consideration for each CCP within the operation. Specific assignments will depend on the number of CCPs, preventive measures, and the complexity of monitoring. The most appropriate employees for such assignments are often directly associated with the operation, such as the person in charge ofthe food establishmEnt, chefs, and the departmental supervisors. Individuals monitoring CCPs must be trained in the monitoring technique, completely rmderstand the purpose and importance of monitoring, and be unbiased in monitoring and reporting so that monitoring is accurately recorded. The designated individuals must have ready access to the CCP being monitored and to the calib,rated instrumentation designated in the HACCP plan. The person responsible for monitoring must also record a food operation or product that does not meet critical limits and assure that immediate co'rrective action can be takEn. All records and documents associated with CCP monitoring must be signed or initialed by the person doing the rnonitoring Random checks may be useful in supplementing the monitoring of certain CCPs. They may be used to check incomrng ingredients, serve as a check for compliance where ingredients ae recertified as meeting certain standards, and assess factors such as equipment. Random checks are also advisable for monitoring environmental factors such as airbome contamination, and cleaning and sanitizing gloves. With some foods containing microbiologically sensitive ingrediants, there may not be an altemative to microbiological testing. However, it is important to recognize that a sampling frequency which is adequate for reliable detection of low levels of pathogens is seldom possible because of the large number of samples needed. For this reason, microbiological testing has limitations in a HACCP systern" but is valuable as a means of establishing and veriffing the effectiveness of control at Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 H-fl CCPs (such as tluough challenge tests, random testing, or testing the focuses on isolating the sowce of a problem). 5) Principle #5: Establish the Corrective Action to be Taken When Monitoring Shows That a Critical Limit Had Been Exceeded a) Purpose of Corrective Action Plan Although the HACCP system is intanded to prevent deviations from occurring, perfection is rarely, if ever, achievable. Thus, there must be a corrective action plan in olace to: i) Determine the disposition of any food that was produced when a deviation was occwring; iil Correct the cause ofthe deviation and assure that the critical control point is under conbol; and iiD Maintain records of corective actions. . b) Aspects of Corrective Action Plan Because ofthe variations in CCPs for different food operations and the diversity of possible deviations, specific corrective action plans must be developed for each CCP. The actions must demonstrate that the CCP has been b'rought under control. Individuals who have a thorough understanding ofthe operation, product, and HACCP plan must be assigned responsibility for taking corrective action. Corrective action procedures must be documented in the HACCP plan. Food establishments covered by the Food Code will usually be concerned with food which has a limited shelf-life and distribution. Primary focus for the application of this HACCP principle will be on the correction of the procedure or condition which led to the noncompliance. More frequent monitoring may be temporarily required to assure that the deviation from the established critical limit is not continuing when the operation is resumed. Ifa deviation should occur in food operations that are traditionally considered food processing operations, such as cook+hill, curing and smoking, or reduced oxygen packagng, the food establishment must place the product on hold pending completion of appropriate corrective actions and analyses. As appropriate, scientific experts and regulatory agencies must be consulted regarding additional testing or disposition of the product. Identification of deviant lots and corrective actions taken to assur€ safety of these lots must be noted in the HACCP record. This record must remain on file for a reasonable period after the expiration date ofexpected shelf life of the oroduct. 6) Principle #6: Estabtish Effective Record Keeping Systems That Document the HACCP System a) WrittenHACCPPlan This principle requires the preparation and maintenance of a written HACCP plan by the food establishment. The plan must detail the hazards ofeach individual or categorical product covered by the plan. It must clearly identiff the CCPs and Colorado Retail Food Establishment Rubs And Regulalions6ccRlol*2 H-18 critical limits for each CCP. CCP monitoring and record keeping procedures must be shown in the establishment's HACCP plan. HACCP plan irnplementation shategy should be provided as a part ofthe food establishment's documentation. b) Record Keeping The principle requires the maint€nance ofrecords generated during the operation of the plan. The record keeping associated with HACCP procedwes ultimately makes the system work. One conclusion of a study of TIACCP performed by the U.S. Deparftnent of Commerce is that correcting problems without record keeping almost guarantees that problems will recur. The requirement to record events at CCPs on a regular basis assures that preventive monitoring is occurring in a systematic way. Unusual occurrences that are discovered as CCPs are monitored or that otherwise come to light must be corrected and recorded immediately with notation of the corrective action taken. The level ofsophistication ofthe record keeping necessary for the food establishment is dependent on the complexity of the food preparation operation. A sous vid6 process or cook-chill operation for a large institution would require more record keeping than a limited menu cook-serve operation. The simplest effective record keeping system that lends itself well to integration within the existing operation is best. c) Contents of the Plan and Records The approved HACCP plan and associated records must be on file at the food establishment. Generally, the following are examples of documents that can be included in the total HACCP system: i) Listing of the HACCP team and assigned responsibilities; ii) Description of the product and its intended use; iiD Flow diagram food preparation indicating CCPs; iv) Hazards associated with each CCP and preventive measures; v) Critical limits; vi) Monioring system; viD Corrective action plans for deviations from critical limits; "iii) Recordkeepingprocedures;and ix) Procedures for verification of HACCP system. d) Forrnat for HACCP information In addition to listing the TIACCP tearn, product description and uses, and providing a flow diagranr, other information in the HACCP plan can be tabulated as follows: Process Step CCP Chemical Physical Biological Hazards Critical Limit Monitoring Procedures Frequency Person(s) Responsible Corrective Action(s) Person(s) Responsible HACCP Records Verification hocedures/ Person(s) Responsible Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 H-19 The following chart is an example of a HACCP plan documentation for a product cooling step in a retail level food establi shment. Process Step Cooling CCP Critical Contol Point #8 Criteria or Critical Limit Cool Foods Rapidly in Small Quantities to 5oc (41"F) Establish Monitoring Department Personnel Break Down Food into Small Quantities and Monitor the Coolins Process Corrective/Preventive Action Modif Cooling ProcedureslDiscard HACCP Records Deli Cooking/Cooling Log HACCP System Verification Deli Safety Audit by Store Manager e) Examples of Records Obtained During the Operation of the Plan: i) Ingredients . Supplier certification documenting compliance rvith establishment's specifi cations. o Establishment audit records verifuing supplier compliance. o Storage temperature record for ternperature-sensitive ingredients. . Storage time records of limited shelf-life ingredients. iD Preparafion Records from all monitored CCPs. . Records veriffing the continued adequacy of the food preparation procedures. iii) Packaging o Records indicating compliance with specifications of packaging materials o Records indicating compliance with sealing specifications. iv) Finishedproduct o Sufficient data and records to establish the efficacy of barriers in maintaining product safety. Colorado Retail Food Establishment Rules And Regulations 6 ccR 1ol*2 H - zo r Sufficient data and records establishing the safe shelfJife ofthe product; ifage ofproduct can aflect safety. . Documentation of the adequacy of the HACCP procedures from an authority knowledgeable ofthe hazards involved and necessary conffols. v) Storage and distribution r Temperature records. . Records showing no product shipped after shelflife date on ternperature-sensitive products. vi) Deviation and corrective action r Validation records and modification to the HACCP plan indicating approved revisions and changes in ingredients, formulations, preparation, packaging, and distribution control, as needed. vii) Employee haining . Records indicating that food employees responsible for implemantation of the HACCP plan understand the hazards, conhols, and procedures. Refer to the discussion regarding Training and Knowledge under Principle #7. 7') Principle #7: Establish Procedures to Verify that tle HACCP System is Working a) EstablishingVerificationhocedures i) The first phase ofthe process is the scientific or technical verification that critical limits at CCPs are satisfactory. This can be complex and may require intensive involvement of highly skilled professionals from a variety ofdisciplines capable ofdoing focused studies and analyses. A review of the critical limits is necessary to veriff that the limits are adequate to control the hazards that are likely to occur. ii) The second phase of verification assures that the facility's HACCP plan is fimctioning effectively. A functioning HACCP systern requires little and-product samplurg, since appropriate safeguards are built in early in the food preparation. Thereforc, rather than relying on end-product sampling, food establishments must rely on frequent reviews of their HACCP plan, verification that the HACCP plan is being correctly followed, review ofCCP records, and determinations that appropriate risk management decisions and product dispositions are made when preparation deviations occur. iii) The third phase consists ofdocumented periodic revalidations, independent of audits or other verification procedures, that must be performed to assure the accuracy of the HACCP plan. Revalidations are performed to assure the accuracy of the HACCP plan. Revalidations are performed by a HACCP team on a regular basis and/or whenever sigrdficant product, preparation, or packaging Aorado Retail Food Estiablishment Rules And Regulations 6 ccR 1o1o-2 H -21 changes require modification of the HACCP plan. The revalidatron includes a documented on-site review and verification ofall flow diagrams and CCPs in the HACCP plan. The HACCP team modifies the HACCP plan as necessary. iv) The fourth phase ofverification deals with the regulatory agency's responsibility and actions to assure that the establishment's HACCP system is functioning satisfactorily. b) The following are some examples of HACCP plan verification activities which should be used as a part of a HACCP program: i) Verification procedures may include: r Establishment of appropriate verification inspection schedules; o Review of the HACCP plan; r ReviewofCCPrecords: r Review of deviations and their resolution, including the disposition offood; r Visual inspections of operations to observe ifCCPs are under control: o Random sample collection and analysis; o Review of critical limits to veriff that they are adequate to control hazards; o Review of written record of verification inspections which certifies compliance with the HACCP plan or deviations from the plan and the corrective actions taken; r Validation of HACCP plan, including on-site review and verification of flow diagrams and CCP; and r Review of modifications of the HACCP plan. ii) Verificationinspectionsshouldbeconducted: r Routinely or on an tmannounced basis, to assure that selected CCPs are under conhol; e When it is determined that intensive coverage of a specific food is needed because ofnew information conceming food safety; r When foods prepared at the establishment have been implicated as a vehicle of foodborne diseasel o When requested on a consultative basis and resources allow accommodating the request; r When established criteria have not bean met; and . To veriff that changes have been implemented correctly after a HACCP plan has been modified. Colorado Retail Food Establishment Rules And Regulaliom 6 CCR 1010-2 H-22 iiD Verification reports should include information about: r Existence of a HACCP plan and the person(s) responsible for administering and updating the HACCP plan; r The status of records associated with CCP monitoring; o Direct monitoring data of the CCP while in operation; Certification that moniloring equipment is properly calibrated and in working order; o Deviations and corrective actions; . Any samples analyzed to veriff that CCPs are under control. Analyses may involve physical, chemical, microbiological, or organoleptic methods; r Modifications to the HACCP plan; and r Training and knowledge of individuals responsible for monitoring CCPs. c) Training and Knowledge i) Focus and Objective Training and knowledge are very important in making HACCP successful in any food establishment. TIACCP worls best when it is integrated into each ernployee's normal duties rather than added as something extra. The depth and breadth oftraining will depend on the particular ernployee's responsibilities within the establishment. Management or supervisory individuals will need a deeper understanding of the HACCP process because they are responsible for proper plan implementation and routine monitoring of CCPs such as product cooking temperatures and cooling times. The training plan should be specific to the establishment's operation rather than atternpt to develop HACCP expertise for broad application. The food employee's taining should provide an overview of HACCP's prevention philosophy while focusing on the specifics ofthe employee's normal functions. The CCPs such as proper handwashing and use of utensils or gloves for working with ready-to-eat food should be stressed. The use ofrecipes of Standard Operating Procedures (SOPs) which include the critical limits of cooking times and temperatures, with a final cooking time and tenrperature measurement step, should be included. For all anployees, the fundamental haining goal should be to make thern proficient in the specific tasks which the HACCP plan requires them to perforrn. This includes the development of a level of competency in their decision-making about the implementation of proper corrective actions when donitoring reveals violation of the critical limit. The haining should also include the proper completion and maintenance ofany records specified in the establishment's plan. ii) Reinforcement Training reinforcement is also needed for continued motivation of the food establishment employees. Some examples might include: Colorado Retail Food Establishment Rules And Regulations 6 CCR 1010-2 H-23 . A HACCP video haining program such as the Pennsylvania Department of Environmental Regulation's Foodbome Illness: It's Your Business: e Changing reminders about HACCP critical limits such as "IIANDWASHING PAYS BIG DTVIDENDS" printed on ernployee's time cards or checks; and . Work station reminders such as pictorials on how and when to take food temperatures. Every time there is a change in a product or food operation within the establishment, the HACCP training needs should be evaluated. For example, when a food establishment substitutes a frozen seafood product for a fresh one, proper thawing critical limits should be taught and then monitored for implementation. The employees should be made sensitive to how the changes will affect food safety. The HACCP plan should include a feedback loop for ernployees to suggest what additional haining is needed. All employees should be made a part of the continuous food safety improvemant cycle because the old statement is very true, "The customer's health is in their hands". This helps maintain their active awareness and involvement in the importance of each job to the safety ofthe food provided by their establishment. 3. Summary HACCP is a systematic approach to food safety which will dramatically improve the level of food safety. The NACMCF has developed the seven HACCP principles discussed within this Appendix. The FDA recommends the implementation of a HACCP system throughout the food industry using these NACMCF recommendations. An effective national food safety program from food production to consumer is enhanced by the implementation of HACCP. The statistics from foodbome surveillance reveal that retail level food establishments can have a sigrificant impact on the health of consumers. Implementation of HACCP programs by the establishments will profoundly enhance their role in the protection ofpublic health beyond the traditional ernphasis on facility and equipment design and maintenance and adherence to the principles of sanitation, good manufacturing, and food preparation practices. The education and training of all personnel are critical to the success and effectiveness of any HACCP Fogram. The Food Code stresses the application to HACCP principles and the knowledge and responsibilities of establishment management and employees. Specific HACCP plans for the products prepared and sold by the retail food establishment should be developed and implemented for optimal food safet5r management. HACCP systems are recommended for optimal food safety management. HACCP systems are recommended for use as a tool for regulatory inspections. The regulatory official should incorporate procedures in the inspection process that assure record reviews and active monitoring. Because the retail food establishment industry is composed of large, small, chain, and independent establishments, the level offood safety expertise varies wideiy and is not necessarily linked to size or affiliation. Regardless of the size and sophistication of the establishment, a HACCP plan for safe food prepmation and sales needs to be designed, implemanted, and verified. Studies have shown that a significant level of illness and modality from foodbome disease in institutional feeding operations such as hospitals, nursing homes, and prisons is related to preventable causes. For populations that may be more rulnerable to foodbome disease, FDA and Colorado Retail Food Estiablishment Rules And Regulations 6ccR 1ol'2 H-24 the NACMCF recommend that HACCP systems be immediately implemented by establishments and institutions preparing foods for these susceptible individuals. Food processing operations at retail food establishments such as reduced oxygen packaging and curing and smoking under the Food Code are required to develop and implement a HACCP plan for that part of the operation. Additionally, any establishment seeking a variance from tbe requirements of the Code must submit a HACCP plan. The HACCP Appendix can serve to guide these establ ishments in this process. Food establishments have the primary responsibility for food safety. The developmort and implementation of HACCP programs is a reliable and responsible st€p to help assure the safety of food offered for consumption. 4. Acknowledgments Much of this HACCP Appendix material is adapted from National Advisory Committee on Microbiological Criteria for Foods, Hazard Analysis and Critical Control Point System, adopted March20, 1992. Some of the charts were provided courtesy of "Overview of Biotogical, Chernical, and Physical Hazards" in "HACCP Principles and Applications", Merle Pierson and Donald A. Corlett, Jr. (Eds.), 1992 p 8-28. Chapman and Hall, New York 5. Bibliography Bean, N.H. and P.M. Griffen 1990. Foodbome disease outbreaks in the United States, 1973-87. J. Food Prot. 53(9):804-8 I 7. Bjerklie, S., 1992. HACCP in your plant What HACCP is, what it isn't and how your operations will be affected. Meat and Poultry 38(2):14-22. Bryan, F.L., 1990. Hazard analysis critical control point (HACCP) systems for retail food and restaurant operations. ./. Food Pro t. 53( 1 I ):978-983. Bryan, F.L., 1988. Risks associated with vehicles of foodbome pathogens and toxins. I Food. Prot. 51(6):498-508. Bryan, F.L., 1988. Risks ofpractices, procedures and processes that lead to outbreaks of foodbome diseases. J. Food Prot. 5l(8):663{73. Bryan, F.L., P. Teufel, S. Riaz, S. Roohi, F. Quadar and Z. Malih l992.Hazards and critical control points of vending operations at a railway station and a bus station in Pakistan. J. Food Technol. 55(7):534-541. Bryan, F.L., C.A. Bartelson, C.O. Cook, P.Fisher, J.J. Guzewich, B.J. Humnu RC. Swanson, and E.C.D. Todd, 1991. Procedures to Implement the Hazard Analysis Critical Control Point System. lnt. Assoc. of Milk, Food, Environ. Sanitarians, Ames, IA, 72 pp. Buchanan, R.L., 1990. HACCP: A re-emerging approach to food safety. Trends in Food Science & Technologt, November 1990, Elsevier Science Publishers, Inc. Corlett, D.A., Jr., 1989. Refrigerated foods and use of hazard analysis and critical control point principles. Food Technol. 43 (2):91 -94. Corlett, D.A. Jr., 1991. Regulatory verification of industrial HACCP systems. Food Technol. 45(5):144-146. Cox, L.J., 1989. Aperspective on listeriosis. FoodTechnol. 45(12):52-59. Colorado Retail Food Establishment Rules And Regulations 6 ccR 1o1o-2 H -2s Curiale, M.S., 1991. Shelf-life evaluation analysis. Dairy, Food Environ. Sanit. 11(7):364-369. Educational Foundation of the National Restaurant Association. 1993. HACCP Reference Book. Educational Foundation, Chicago, IL. Food Marketing lnstitute., 1989. Food handler's pocket guideforfood safety and quality. Washington, D.C. Food Marketing Institute., 1989. A program to ensurefood safety in the supermarket--the hazard analysis citical control point sysrem. Washington, D.C. Foster, E.M., 1989. A half-century of food microbiology. Food Technol. 43(9):208-215. Guzewich, J.J., 1987 . Practical Procedures for Using the hazard Analysis Critical Control Point (HACCP) Approach in Food Senice Establishments by Industry and Regulatory Agencies.l-ewis Publishers, Inc., Chelsea, ML International Association of Milh Food and Environmental Sanitarians, Inc., l99l Procedures to implement the hazard analysis critical control point system. Des Moines, IA. Intemational Commission on Microbiological Specifications for Foods, 1.986. Microorganisms in Foods 2. Samplingfor microbiological analysis: Principles and speciJic applications.2nd ed. University of Toronto Press, Toronto. International Commission on Microbiological Specifications for Foods, 1989. Microorganisms in Foods 4. Application of hazard analysis and critical control point (HACCP) system to ensure microbiological safety and quaftry. Blackwell Scientific Publications, Boston. Kemp, S., 1991. Start a quality improvement program. North Carolina State University, Sea Grant College Program. Raleigh, NC. Seafood Cutent, S(l). Lee, J.S., with K.S. Hilderb'rand Jr.,1992. Hazard analysis & critical control point applications to the seafood indus4r. ORESU-H-92-001. Oregon Sea Grant, Oregon State University. Corv"allis, oR. Lydecker, T., 1991. How self-inspection flies: HACCP systems in airline catering companies. Food Service Director. I 5:87. Martin, P., 1991. Hazard control. Restaurant Business, l:256. Mclntyre, C.R. f 991. Hazard analysis critical conhol point (HACCP) identification. Dairy, Food and Environ. Sanit. 1 l(7):357 -358. National Advisory Committee on Microbiological Criteria for Foods, l992.Hazard analysis and critical control point system. Int. J. Food Microbial. 16:l-23. National Fisheries Institute, l99l- Seafood industry, hazard analysis citical control point, HACCP, training manual. Arlington, VA. National Food Processors Association, 1992. HACCP and total quality management-winning concept for the 90's: A review. J. Food Prot.55:459462. New England Fisheries Development Association, 1991. HACCP manualfor processors.309 World Trade Center, Boston, MA 02210-2001. Pierson, M.D. and D.A. Corlett, Jr.,1992, HACCP Principles and Aoplications, Van Nostrand Reinhold, New York. 2l2pp. Pisciella, J .A., l99l . A handbook for the practical application of the hazard analysis critical control point approach tofood serttice establishment inspection. Central Atlantic States Association of Food and Drug Officials, c/o William Kinder, Pennsylvania Department of Agriculture, PO Box 300, Creamery, PA 19430. Colorado Retail Food Establishment Rules And Regulations 6 ccR 1o1o-2 H-26 Pisciella, J.A., 1991. Overcoming the barriers to HACCP in restauants. Food hot. Inside Rpt. July- August:2A. Price, R.J. (Ed.), 1985. Seafood, retailing manual,3rd ed. University of Califomia, Sea Grant Extension Program, Davis, CA. Price, R.J., 1990. Raail seafood cross-contamination. UCSGEP 90-6. University of Califomia, Food Science & Technology Departrnent. Davis, CA 95616. Price, R.J., 1990. Retail seafood temperature control. UCSGEP 90-5. University of Califomia, Food Scietrce & Technology Deparhnent. Davis, CA 95616. Price, R.J., P.D. Tom, and K.E. Stevenson, 1993. Ensuring food safety-The HACCP way. University of California, Food Science & Technology Depadment, Davis, CA 95616' Rhodes, M.E., 1991. Educating professionals and consumers about extended-shelflife refrigerated foods. Food Technol. 47(4): 1 82-1 83. Snyder, O.P., 1991. HACCP in the retail food industry. Dairy, Food Environ. Sanit. I l(2):73-81' Stevenson, K.E., 1990. Implernenting HACCP in the food industry. Food Technol,42(5):179-180. Sumner, S.S., et al., 1992. Food Safety/Food Sanitation Workshop ,Introduction to HACCP Procedures-Final Report (special project number 9l-EFSQ402l). Neb'raska Cooperative Extension. University of Nebraska, Lincoln, NE 68583-09 I 9. 6. Other Sources of IIACCP Information FDA Prime Connection. A Free On-Line HACCP Technical Database. For registration information, contact FDA PRME CONNECTION, 200 C Street SW-HFS-625, Washington, D.C. 202044001 or call (202) 205-8 140. PA Department of Environmental Resources, 1992. Foodbone lllness: It's you business (HACCP video). Division of Food Protection, Food Facilities Section, Harrisburg, PA. Colorado Retail Food Establishment Rules And Regulations 6 CCR 101G2 H -27 Two Typical Flow Diagrams Flow Ghart 1 Receivingr-r-l Refrigerated Storage Plant Pre. Gooked & Packaged Frozen Storage I Thawing ccP Cutting/ Grinding Plant PrePackaged Cooking CGP Gooling Hot Holding CoolingCCP Display CCP Refrigerated RefrigeratedDisplay DisplayccP ccP Packaging Labeling I Cut & Package / kbeling Consumer Consumer Hot Holding .Display ccP I I Consumer I Reheating ccP Refrigerated Display ccP I I Refrlgerated Display ccP I ConsumerConsumer Colorado Rstail Food Establishment Rules And Regulations 6 CCR 101G2 H -28 Flow Ghart 2 Receiving Refrigerated Storage Cooking ccP Serving Frozen Storage Gutting / Prcparation Cooking ccP Cooling ccP I Reheating ccP I Hot Holding ccP I Seruing I Consumption Sewing I Consumption Cooling ccP I Slicing I Servlng Consumption Hot Holding ccP I Serving I I Consumption Colorado Retail Food Establishment Rul63 And Regulations 6 CCR 1010-2 H-29 Appendix I - RETAIL FOOD STORE SANITATION ACT 25-4-1301. Leeislative declaration. The general assembly hereby declares that the sanitary protection of bulk foods and the sanitary maintenance of equipment used to display and dispense bulk foods are matters of statewide concern and are affected with a public interest and that the provisions of this part l3 are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of tJre people ofthis state. 25-4-1302. Definitions. As used in this part 13, unless the context otherwise requires: (1) "Bulk foods" means unpackaged or unwrapped foods, either processed or unprocessed, in aggregate containers from which quantities desired by the consumer are withdrawn. "Bulk foods" does not include fresh fruits, fresh vegetables, nuts in the shell, salad bar, bulk pet foods, potentially hazardous foods, and bulk nonfood items. (2) "Department" means the departrnent ofhealth. (3) "Display area" means a location including physical facilities and equipment, where bulk foods are offered for customer self-service. (4)'?otentially hazardous foods" includes any food that consists in whole or in part, of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other food products or ingredients, including synthetic ingredients, in a form capable ofsupporting rapid and progressive growth of infectious or toxigenic microorganisms. This term does not include refrigerated, clean, whole, uncracked, odor-free shell eggs. (5)'?roduct module" means a food-contact container (multiuse or single-service) designed for customer self-service of bulk foods by either direct or indirect means. (6) "Servicing area'' means a designated location equipped for cleaning, sanitizing drying, or refilling product modules or for preparing bulk foods. 25-4-1303. Labeling - product modules - take-home containers. (1) product modules shall be labeled with either: (a) The manufacturer's or processor's bulk food container labeling plainly in view; or (b) A counter card,, a counter sign, or any other appropriate device bearing prominently and conspicuously the common name of the product, a list of ingredients in their proper order of predominance, and a declaration ofartificial color or flavor and chemical preservatives if contained in the product. (2) any unpack aged bulk food need not comply with the labeling requirements of this section if the unpackaged bulk food is manufactured on the premises of a store or Colorado Retsil Food Establishment Rules And Regulations 6 CCR 101G.2 | _ 1 manufactured by the same store at the different location and if the manufactured bulk food is offered for retail sale on the store's premises and if there are no state requirements. (3) Labels or marking pens shall be available to customers to identiff their take-home containers with the common name of the product unless the product is readily identifiable on sight. 25-4-1304. Bulk food protection. (1) Bulk foods and product modules shall be protected. from contamination during , display, customer self-service, refilling, and storage. (2) Containers of bulk pet foods and bulk nonfood items shall be separated from product modules by a barrier or open space. (3) Bulk foods retumed to stores by customers shall not be offered for resale. (a) Only containers provided by stores in their display areas shall be filled with bulk foods; except that any customer may fill or refill his own containers with vended or dispensed water; however, the risk that the customer's own container is unsafe, unpure, contarninated, or in a non sterile condition when it is filled or refilled by the customer, shall be bome solely by the customer, and, except for warranties, no liability shall attach thereto to the manufacturer, seller, or dispenser ofsuch container. 25-4-1305. Bulk food displav. (l) Bulk foods shall be dispensed only from product modules which are protected by close-fitting individual covers. If any product module is to be opened by customers, the cover shall be self-closing and shall remain close when not in use. (2) Customer access to bulk foods in product modules shall be limited and controlled to avoid the introduction of contaminants. All product modules shall have an access height of thirty inches or more above the floor and a depth of eighteen inches or less. (3) Potentially hazardous foods shall not be made available for customer self-service. 25-4-1306. Dispensing utensils. (l) Manual handling of bulk foods by customers during dispensing shall by discouraged. Mechanical dispensing devices shall be used, including gravity dispensers, pumps, extruders, and augers. Manual dispensing utensils shall also be used, including tongs, scoops, ladles, and spatulas. (2) Ifthe dispensing devices and utensils listed in subsection (l) ofthis section do not discourage manual customer handling of bulk foods, such bulk foods must be wrapped or sacked prior to display. (3) Manual dispensing utensils shall be protected against becoming contaminated and serving as vehicles for introducing contamination into bulk foods. A tether of easily cleanable material shall be attached to such a utensil and shall be ofsuch length that the utensil caonot contact the floor. A sleeve or protective housing attached or adjacent to the display unit shall be available for storing a utensil when not in use. Colorado Retail Food Estabtishment Rules And Regula0ons 6 CCR 101&2 | _2 (4) Ladles and spatulas shall be stored in bulk foods with handles extending to the outside of product modules. Handles shall not prevent lids from being self-closing. 25-4-1307. Materials. Product modules and utensils shall be constructed of safe materials and shall be corrosion resistant, nonabsorbent, smooth, easily cleanable, and durable under conditions of normal use. Wood shall not be used as a food-contact surface. 25-4-1308. Food-contact surfaces. Product modules, lids, dispensing units, and utensils shall be designed and fabricated to meet the requirements for food-contact surfaces, as provided in section 25-4-1307. 25-4-1309. Non-food-contact swfaces. Surfaces ofproduct module display units, tethers, and display equipment which are not intended for food contact but which are exposed to splash, food debris, or other soiling shall be designed and fabricated to be smooth, cleanable, durable under conditions ofnormal use, and free ofunnecessary ledges, projections, and crevices. The materials for non-food-contact surfaces shall be nonabsorbent or made nonabsorbent by being finished and sealed with a cleanable coating. 25-4-1310. Accessibility, Individual product modules shall be designed to be easily removable from a display unit for servicing unless the product modules are so designed and fabricated that they can be effectively cleaned and sanitized when necessary through a manual in-place cleaning procedure that will not contaminate or otherwise adversely affect bulk foods or equipment in any adjoining display areas. 25-4-l3l I . Equipment sanitization. ( I ) Tongs, scoops, ladles, spatulas, and other appropriate utensils and tethers used by customers shall be cleaned and sanitized at least daily or at more frequent intervals based on the type of bulk food and the amount of food particle accumulation of soiling. (2) When soiled, product modules, lids, and other equipment shall be cleaned and sanitized prior to restocking or at intervals ofa schedule based on the type ofbulk food and the arnount of food particle accumulation. (3) Food-contact surfaces shall be cleaned and sanitized immediately if contamination is observed or suspected. (4) Facilities and equipment shall be available, either in a servicing area or in place, to provide for the proper cleaning and sanitizing ofall food-contact surfaces, including product modules, lids, and dispensing utensils. (5) Take-home containers, iqcluding but not limited to bags, cups, and lids, which are provided in a display area for customer use shall be stored and dispensed in a sanitary maluler. 25-+1312. Violation - Penalty. Any retail food store owner violating any of the provisions of this part 13 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such file and imprisonment. It is the duty of the Colorado Retail Food Establishment Rules And Regulations 6 ccR 1ols2 | - 3 district attomeys of the several districts of this state to prosecute for violations of this pan 13 as for other crimes and misdemeanors. 254-1313. Rules and regulations. The department has the power to promulgate rules and regulations for the implementation of this part 13- 254-1314. Limitation. The provisions of this part 13 shall be expressly limited to retail food store outlets. Colo€do Retail Food Esbblishment RuleE And Regulations 6 CCR 101S2 t-4 APPENDIX J - Equipment Investigation Report Section 4-l0l of the Colorado Retail Food Establishment Rules and Regulation speciff all equipment, utensils and single-service articles shall be fabricated with safe materials; be of commercial design, that is certified or classified for sanitation by an American National Standards Institute (ANSD accredited certification program or a design approved by the Department. Ifa retail food establishment intends to have any equiprnent, utensils and single-service articles approved by the Department, the approval will be based upon submission of the following information to be provided to the local health agency and/or the Colorado Department ofPublic Health and Environment for evaluation. Colorado Retail Food Establishment Rule€ And Regulalions 6 CCR 101G2 J-1 CO.LORADO DEPARTIIIENT OF PUBLIC HIALTH & ENYIRONMENT .I3OO CIIERRY CRXEK T'RIVE SOUTH DENVER CO 80246-1530 T,QUIPIIIENT INVf, STIGATION REPORT l. l-(X'A'tl(rl.i (STATT ,\Nn C0tiNTY) :. rYl't (|r PR(X;&\M (c ticl( {)Nt;} --- t (Xlt) Sl:Rvl('ti f:5 fAlll.lSllMlilriT - ItXID WAltl:ll0lilli .\^"lt M^ltltlrAc l t.]RltR RL"l;1n. LtARKt:'t' .1. ltliC{}MMl1NoA'lloN ** A(1. liP'l' *,,_ Rli.,t(-l' ,t. Pt lrP,.\Rtitt RY NAMI, lt r t..E .lCtNCY sl(iN-\ rl lkl;nAt ti s. liAM!,'-ltl t ti -i ()l((i.\Nl/.4 It0N KliorrLslti\,(; tNvl:s ft6^l lti'N 6. D,\'lli 0t, RtQtitisl' 7. NA\'lE ANt).4DI)R!SS otj MiNUlrA('{trNiR x. o.\ lt ()I lrivESTl$ATl()N 9. NA'ltt Al\it)',t I n,I 0[ ('oN't'A{:T IQUIPMf,NT IN}ORMAT'ION lU. 'l R,\lrl: ltt'Mll r :. Lj()Dl:t su!l.|Jlj,t l?.nLSCRlt'l lON Olr LQitl?lllljN'l t{:lt[(:K .1l,ylt(]PJ(l.r\'l f: l,.lNI ANf] D|S( Rll]l:) l,Ro"l{rTYPtl PRol)t (-t los Iti ( isil { } fl il,:R lJ. st'h(:tfl(' l;sr 0f tiQt,tPMrt'l rJ. lu()r).( ()Nl.\('l'sllttlA('!.llAI tiRtAl. IYt>fi({ lti:t'ti AF*" oPRlillti Ll}il:ANl) l)fscRllll:) _ \tlrnl - Fil\T .... RH|lDliR Pl.^S'tlf' I -<- t'l-lAsll -{TT.q,('ll.\ SrT'l'lrl( A ll()ll S}lr I l' OR A rrl.Ul: PRtni I DLinlNt; OI l:Ot:ll'Ml:li f Colorado Retail Food Estiablishment Rules And Regulations 6 CCR 1010-2 J-2 16. nrslJt.Ts 0F tNvI:s'nfiATnN 17, ACTION -IAKIN 18, TI)MMEN fS Colorado Retail Food Establishment Rubs And Regulat'rons 6 CCR 101G2 J-3 Summary of Ghanges to the Colorado Retail Food Establishment Rules and Resulations This summary provides a synopsis of the textual changes from the 1999 Colorado Retail Food Establishment Rules and Regulations to the 2004 edition. The primary intent of this record is to capture the nature of the changes rather that to identify every word or editing change. This record should not be relied upon as an absolute comparison that identifies each and every change. Section numbers listed refer to the section as it appears in the 2004 edition. Ghapter 1 - Purpose and Definition 1-202(24) - Amended definition of "Game Animal" to exclude poultry, wild fowl, and water fowl. 'l-2O2(25) - Added definition of "Ground Beef." 1-202(29) - Added definition of 'Highly Susceptible Population." 1-2020(31) - Added definition of "lmminent Health Hazard." 1-202(35) - Added definition of "Meat." 1-202(41) - Amended definition of "Packaged" to clarify what constitutes packaging and indicate that carry-out boxes and wrappers do not constitute packaging. 1-202(49) - Added definition of "Poultry." 1-202(55) -Amended "Retail Food Establishment'to include statute language as opposed to simply referencing the statute section. Ghapter 2 - Management and Personnel 2-102 - Removed previous language for "Demonstration of Knowledge". Added language requiring the "person in charge" to demonstrate knowledge by: and listed several ways the person in charge can demonstrate knowledge. 2-103 - Added section that delineates the responsibilities of the person in charge. 2-206 - Added section on prohibiting employees from working with food when they are experiencing discharge from the eyes, nose and mouth. 2-401 - Added section describing the proper handwashing method. 2-402 - Amended section describing when an employee shall wash hands. Added language "when returning to the kitchen'after using the toilet room. 2-404 - Added section to describe "\ffhere to Wash' hands. 2-405 - Added language to clarify appropriate fingemail care. Added language that exempts employees such as hostesses, wait staff, etc... Summary - I 2407 - Added language to clarify what jewelry can or c€lnnot be worn. Added language that exempts employees such as hostesses, wait staff, etc. .. Chapter 3 - Food , 3-204 - Removed the date {892 when referencing the "Colorado Grade A Pasteurized Milk and Milk Products Regulation.' " 3-211 - Added section on requirements of pre-packaged juice and juice processed and packaged in the establishment. 3-305 - Added requirement for an "eighteen inch'(18") (46 cM) self-draining drainboard on food preparation sink. 3-306 - Removed the date 4998 when referencing section 254-13O'l et seq., C.R.S. 3-306 - Amended section describing utensil storage temperatures to reflect 135"F. 3-312(B) - Removed the wording shelf and added "may" when describing properly wrapped displayed food. 3-312(C) - Removed the date {{}99 when referencing section 254-1301et seq., C.R.S. 3-314 - Removed the wording may and addEd "shall" when prohibiting customer self-seMce of raw unwrapped animal food. 3401(A) - Amended section regarding the holding temperature of potentially hazardous foods, whicft will be 41"F (5"C) or below, or 135"F (57"C) or above. 3401(B) - Removed previous language for existing equipment not capable of maintaining 41"F (5"C). 3402(A) - Removed previous language of "with no intenuption of the cooking process.' Amended section describing poultry and stufilng shall be cooked to 165'F for 15 seconds. 3402(C) - Amended section by adding pork, lamb, and other meats must be cooked to 145'F for 15 seconds. 3402(D) - Removed entire section that related to pork and pork products and incorporated into section 3402(C). . 3402(E) - Amended section describing that ground beef shall be cooked to 1 55'F for 15 seconds. - 3-,402(F) - Amended section describing that game animals shall be cooked to 155'F for 15 seconds. 3402(G) - Amended section describing that comminuted flsh, meat, and game animals shall be cooked to 155"F for 15 seconds. 3402(l) - Amended section describing that fruits and vegetables cooked for hot holding shall be cooked to 135"F. 3403(A) - Amended section describing that potentially hazardous food must be held at a hot hold temperature of 135"F after being properly reheated. 3403(C) - Amended section describing that ready ready-to-eat foods be heated to 135'F. Summary - 2 3-501(D) - Removed under "Thawing" the 4 hour statement, 3-502(A) - Amended section under "Gooling,' including the new hot hold temperature of 135"F and reworded the cooling timeframe. 3-504(E) - Added section that establishments lhat serve a highly susceptible population use time and temperature as a public health control for raw eggs. 3-601- Removed the date {€98 when referencing section 254-1301et seq., C.R.S. 3-602 - Removed section on "Consumer Advisory." Added section on "Special Requirements for the Highly Susceptible Populations" and listed foods that may not be served or offered for sale to this population group. Ghapter 4 - Warenrashing, Equipment, Utensils, and Linens +1O2 - Removed "handwashing lavatory." Added "handsink." 4-202(3) - Amended the date 1998 to (2003) when referencing the'Department in Preservatives for Wood",21 CFR 178.3800. 4-207 - Amended the date 4998 to (2003) when referencing the requirements of "Lubricants," 21 CFR 178.3570. 4-212- Removed the date 1997 from the -Uniform Mechanical Code." Added "2000'to the "Uniform Mechanical Code." 4401(A) - Amended section by adding further requirement clarification for food product thermometers and identifying this added information as a critical item (-). 4-401(B) - Added section describing a temperature measuring device for thin foods. 4-403(AX4) - Amended section desoibing when a two-compartment sink may be used. 4403(AX10) & (12) - Amended the date 1999 to (2003) when referencing Sanitizers, 21 CFR 178.1010. 4-403(BXF) - Removed "chemical sanitizers shall be approved by the Department." Added language requiring sanitizers to meet requirements specified in Sanitizers, 21 CFR 178.1010. 4403(BX8) - Amended section that discusses hot water sanitizing warewashing machines. 4403(BX9) - Removed final rinse temperatures on different warewashing machines. Added section - on "Mechanical Warewashing Equipment, Hot Water Sanitization Temperatures" that discusses hot water temperature. 4405(A) - Added section about food contact surfaces of equipment and utensils being clean to sight and touch. 4405(C) - Added section about temperature and cleaning frequency of equipment and utensils. 4-405(D) - Amended section describing frequenry of cleaning for cooking equipment. Summary - 3 Ghapter 5 - Water, Plumbing, and Waste 5-101 (AX1 ) & (2) - Added sections that require all water supplies to meet the standards of the 'Colorado Drinking Water Regulations' and Title 25-1.5-203 C.R.S. ' 5-103 - Amended the date {998 to (2003) when referencing the "Processing and Bottling of Boftled Drinking Wate/'21 CFR 129. ' 5-108 - Amended the date 4€98 to (2003) when referencing the "Specific Usage Additives: 21 CFR 173.310. $'201 - Added "unprotected" in ftont of cross-connections. Removed the date 4€97 in front of the "Uniform Plumbing Code" and replaced it with the date 2000. 5-2O2(A)- Removed the previous language for "Backflow." Added language describing appliances and equipment that need backflow prevention devices. Added language clarifying air-gap separation and what should be done with backflow preventer discharge. 5-202(8) - Added section on backflow prevention for carbonated beverage dispensers. 5-204 - Amended section describing grease traps/grease interceptor. 5-205 - Added section about insiallation requirements for garbage grinders. 5-206(8) - Removed old section added new section describing installation for a direct connection on a dishmachine. 5-208(A) - Removed the date 1997 when referencing the Uniform Plumbing Code and replaced with the date 2000. 5-208(8) - Removed "handwashing lavatories" and replaed with "handsinks.' Removed 1o be easily accessible." Added'unobstructed" when describing accessibility. $'208(C, D, E) - Removed "handwashing lavatories" and replaced with "handsinks." 5-209(8, D) - Removed previous "Toilet Rooms, Enclosed" section and replaced with "Toilets and Urinals" section. Removed the date 1997 when referencing the Uniform Plumbing Code and replaced with the date 2000. 5-210(A) - Added that utility sinks need to be "conveniently located" and that hot and cold water "shall..r be provided." Removed "handwashing lavatories" and replaced with "handsinks". ." 5-210(C) - Added language that a utility sink cannot be used for food preparation, warewashing or handwashing. Ghapter 6 - Physical Facilities 6-201(B) - Added language in section that walls and ceiling should be "maintained in good repair." Chapter 7 - Poisonous or Toxic Materials 7-107 - Amended the date 1€98 to (2003) when referencing the "Chemicals Used ln Washing Or To Assist In The Lye Peeling Of Fruits And Vegetables", 21 CFR 5173.315. Summary - 4 7-108 - Amended the date {€98 to (2003) when referencing the "Boiler Water Additives" 21 CFR S 173.310. Chapter 8 - Insect Rodent and Animal Control S-101 (BX2) - Added language that air curtains must be designed and installed 'to control flying insects." 8-106(A) - Removed "physically''from disabled person. Chapter 9 - Mobile Retail Food Establishments or Pushcarts 9-101 - Amended language in "Mobile Retail Food Establishmenf section to clarify that the establishment must comply with the rules and regulations and requirements of Chapter 9. Removed section referring to section 9-108 and 9-109. 9-102- Removed "Restricted Operation" and replaced with "Exemptions." 9-104 - Removed "restrictions" and replaced with "exemption.' Amended section describing potable water requirements. Removed handwashing in this section. Added language to clariff the design requirements of a water supply tank. Added language to clarify water heater capacity. Added language to clarify when backflow prevention devices are needed. Added language describing the water supply hose and the condition it needs to be in. 9-105 - Renamed section "Wastewater Retention" opposed to nVaste Retention." 9-105(A) - Added language to clarify when the liquid waste is to be disposed. 9-105(C) - Added section describing how piping and hoses should not be stored, 9-106 - Removed "handwashing facilitf and replace with 'handsink." Amended section describing handsink requirements. 9-107(A) - Added language explaining the importance of a commissary and that it needs to be in compliance with all rules and regulations. Removed language that the mobile or pushcart shall report 'at least daily''and replace with "every 24 hours (on operational days)." Added language to describe that the operator has to return to the commissary every 24 hours and that they verify this in writing to the Department. 9-107(B) - Added section describing that a servicing area and potable water supply be provided and the requirements for each. L 9-107(C) - Removed 'commissary" and replaced with "servicing area." Added language clarifying emptying of liquid waste at a service location. Added additional criteria describing when a mobile establishment does not have to report to a servicing area. 9-108 - Added section on 'Additional Requirements" which clarifles requirements for storage of vehicle mechanical operation items. 9-109 - Removed section titled "servicing operations." Requirements now covered in 9-107. Ghapter 10 - Temporary Retail Food Establishments 10-101 - Deleted "some or all" when desoibing what potentially hazardous foods may be prohibited and replaced with "any." Summary - 5 10-1 02 - Amended hot hold temperature to 1 35oF. 10-106 - Amended section on lffater.' Added language regarding bacKlow protection. 10-107 -Amended section on'Wet Storage" by allowing the storage of packaged food in contact withi potable ice or water under certain conditions. 10-109 - Amended section on "Handwashing' by adding "conveniently located" and requiring "hands-- free, continuous flow of warm water.' Added language requiring the handwashing facility have adequate water pressure. 10-1 11 - Removed 'Food Preparation Areas" from section title aValls and Ceilings." Ghapter 11 - Compliance Procedures 11-101- Removed the date4998when referencing section 254-1602,254-1607,16-13-305, and 25- 4-1609 et seq., C.R.S. 11-102- Amended section title by replacing "Certificate of Inspection" with "Certificate of License." 1 1-103 - Removed the date {€98 when referencing section 25-4-1601 et seq., C.R.S. 11-104 - Removed the date 4998 when referencing section 244-106 and 254-1609 et seq., C.R.S 11-105 - Removed the date 1998 when referencing section 25-1-108 et seq., Added C.R.S. sections 2s1.5-101(1)(a) and 2s-1.5-102(1)(a) & (d). 11-106 - Removed the date 4998 when referencing section 16-13-308 and 309 et seq., C.R.S. 11-201(A) - Amended section describing inspection frequenry for retail food establishments by changing inspection frequency to'twice each calendar or fiscal year." Amended section describing inspection frequency for grocery stores without a restiaurant or deli by changing inspection frequenry to "once every calendar or fiscal year." 11-201(B) - Amended section for use of an alternate method for determining inspectional frequency by referencing the"Colorado Retail Food Establishment Risk Based lnspectional Frequency Methodolqy Guidance Document." Removed reference to Appendix l. 11-204(AX3) - Removed language on non-critical violations that pertained to conecting these violations within 90 days. Removed language that discussed compliance schedules. Added languager that non-critical violations shall be conected by a date "based upon the severity of the potential health hazards......" ? 11-205 - Removed "ConsumerAdvisory" from the inspection report. Amended temperature from 140'F to 135"F. Added "Restroom Facilities"as a non-critical violaiion. 11-301- Removed the date 4898 when referencing section 25-1-107 (l)(k) and 25-5406 et seq., C.R.S. Amended C.R.S., sections to 2$1.5-104(a) and 25-5-406 et. seg., C.R.S. 1 1€01 (G) - Removed the date {998 when referencing section 244-105 (15), C.R.S. 11-701 - Amended general reference citation section and added language indicating how the incorporated materials used in the regulations can be obtained. 11-702 -Amended reference to section 1-202(56) Summary - 6 11-703 - Removed the date 4998 when referencing section 2*1601 et seq., C.R.S. and the sections in which it is referenced in the regulation. 11-7OS & 11-707 -,Removed the date 1997 in front of the "Uniform Plumbing Code" and replaced it with the date 2000. , 11-706 - Removed the date 4998 from the Code of Federal Regulations and replaced it with the date 2003 and added sections 7-107 and 7-108 as referenced sections. 11-7OB - Removed the date {€98 from all statutes. Amended C.R.S. section to 25-1.5-101(1Xa). Appendix A 16 - Amended sauces section under potentially hazardous foods to reflect the new hot holding temperature and that they must be discarded in Tou/ hours if they are not in the proper temperature range. Appendix B Removed the date 4998 when referencing 25-5402 et seq., C.R.S Appendix C Amended temperature from 140'F to 135'F in plan review section. Appendix D I A(2) and B(10 - Amended the three compartment sink and utensil water temperature calculation multiplier from .5 to .375. lll A - Added "use of manufacturers thermal efficienq/ slatement for determining gas water heater BTU. Appendices E and F No revisions in these sections. Appendix G Removed all language from sanitizer section and replaced with'Refer to 21 CFR 17E.1010 (2003) Sanitizing solutions." Appendix H Removed "Nonvalk viruses" and replaced with "Noroviruses." Appendix I Removed the Risk Assessment section." Added as Appendix | 'Retail Food Store Sanitation Act." Appendix J No revisions in this section. Summary - 7 8 May 2007 $nD) 5 Thistle Street Edlnbwgh EHZ 1 DF Tel: 0?A5 310 3030 ' Fu:0131 225 4789 enail: ski@ski-i.con web: www.skl-l.Gon 6,a- f.\,.,.$ot-' \A+\! ,.\a--*-;.\Salfy Lorton .z\ ^ -..a--I'ownof Vail .. D \ e*\' , "-."-- AL"- . 75 South Frontage Road . -1\\' -,/ \ *" ' ..,1 r vail '->' j- co8r657 t ,g-* x . .)e: >fl oav^USA UU \I N c'.e) \N'"\"'t'\-,\r".=- \x9'^ t-lo-, t \!u&\'I c ,F \svN./ -q(/ *q;.t* ,o-*-Dearsally, \P: ^-i " ','\CI_S1 '::' "' Enclosed is our sales talr report and cheque f* tfr. f,.r?*,C,;f . That's the final accounting fro winter 2006/7 and -" \g@ Ifftshrr3gge t5'mqill'rendcpnniqmaryt00ffif this is an issue @n email me at iohn@ski-i.com (:Uy * t, ed "q - @ttancr@,for Dffi unber -il7 Regards,/ John Bennett Chairman 1/ +nueb ) ny John Bennett Chainan ,llf;mrcEu#ffinH##'" Dnect fel:0131 243 8080 tlobile: 07768 803 633 Fax:0131 225 4789 anait: iohn@ski-i con web: www ski-l con 4-2-4:BED AND BREAKFAST PERMIT:Page 1 of I 4-24: BED AND BREAKFAST PERMIT: A.Statutory Authority: This section is enacted in accordance with Colorado Revised Statutes section 12-47-118.5, as amended, which authorizes a local licensing authority, at its option, to issue a bed and breakfast permit to a person operating a bed and breakfast establishment. B.Authority To lssue: The local licensing authority is hereby authorized to issue a bed and breakfast permit, in lieu of a hotel and restaurant license, to a person operating a bed and breakfast establishment to offer complimentary alcoholic beverages to its guests. C.Conditions: A bed and breakfast permit may be issued, upon appropriate approval of the local licensing authority, to a person operating a bed and breakfast establishment subject to compliance with all of the following conditions: 1. Alcoholic Beverages Restricted: A bed and breakfast permittee shallbe an overnight lodging establishment that provides at least one meal per day at no charge other than a charge for ovemight lodging and does not sell alcoholic beverages by the drink, not have more than twenty (20) sleeping rooms offering complimentary alcoholic beverages for consumption only on the premises and only by overnight guests, and shall not serve alcoholic beverages by the drink and shall not serve alcoholic beverages for more than four (4) hours in any one day. 2. Filing Of Application: The applicant has filed with the local licensing authority on forms provided by the department of revenue a completed application for a bed and breakfast permit. 3. Multiple Permits Allowed: Applicant may hold more than one bed and breakfast permit. 4. State Fee: Twenty five dollars ($25.00) shall be paid to the Colorado department of revenue annually in advance for each bed and breaKast permit. 5. Local Fee: Twenty five dollars ($25.00) shall be paid to the town annually in advance for each bed and breakfast permit. D.lssuance Process: The bed and breakfast permit set forth in this section may be granted by the approvalof the locallicensing authority. A bed and breakfast permit issued in accordance with this section shall be valid for a period of one year, and may be renewed annually. E.Cancellation: A bed and breakfast permit may be suspended or revoked in accordance with Golorado Revised Statutes section 12-47-110, as amended, if the permittee violates any provision of Colorado Revised Statutes article 47, or any rule adopted pursuant to said Coforado Revised Statutes afticle 47, or fails truthfully to furnish any required information in connection with a permit application. (Ord. 32(1994) S 1) http :i/www. sterlingcodifi ers. com/COA/aiU08002000000004000.htm 04t09/2007 Page I of6 Susie Huxford - RE: Response to your email dated Sll5l0Tt$cannedl From: Susie Huxford To: john@ski-i.com Subject RE: Response to your email dated 3/15/07[Scanned] Dear John, In response to the first part of question number t, I answered the bed and breaKast issue in my last email in direct quotation from the Vail Town Code. For the second paft of question number 1, I asked you to provide locations of the "agenb" you were referring to and you stated in your email datd 3128107,'There is only one locaUon and that is my house at 3100 Booth Falls Coud'. You see, every situation is different and there are several issues that we examine when coming to a decision. It is impossible to lump them into one category without visiting each site individually and making a ruling. You can short term rent for 30 days or less only 2 units (or bedrooms) and be exempt of a business license, Unless you are serving alcohol and adveftising (making it public, for example, via the web, television, paper, etc) at which time a liquor license would be required. If you would like to short term for 30 days or less, 3 units (or bedrooms), you may apply for the bed and brealdast conditional use permit. Again if you serve alcohol and adveftise (making it public, for o<ample, via the web, television, pEF€r, etc) you would need a l(uor license. You cannot short term rent 4 or more unib in this zone with out being considered a hotel. A hotel is not allowed in this zone, Regarding questions 2 and 3, if you use the house personally and NOT AS A BUSINESS, you can do what ever you like in the house as long as it is legal that is!! A business is defined as per the Vail Town Code 4-1-2; BUSINESS: Any business, profession, occupation, or activity engaged in by a person for profit gain, benefit, or advantage which is conducted on premises within the Town, I hope this answers your questions, Thank-you, Susie >>> <john@skFi.com> 0312912007 4:09 AM >>> Susie, Thanks for your email. I've just come to the office for a few hours before we leave. I'm aware that I can't opef,ate as a bed and breakfast as I have more than three bedrooms and that ifl have more than three bedrooms I need a hotel licence but Booth Falls is not zoned for that kind of operation. That said, the requirem€rts for fire, environmental health, licensing erc are too big a hill for us to climb even if we did manage to get a change in the town statute. Though perhaps you and your colleagues have a thought on how we might overcome these requirements. If so, I'd appreciate any help you can give. But I need to know the limit of what I can and cannot do and would appreciate ifyou or somebody else could answer my questions. To save you looking them up I've repeated them below. about:blank 04t09t2007 Page 2 of 6 l. Why do we fall into the hotel/B&B category? I went into a few agents in the town and they have many 4/516 bedroom properties to let. Why do they not need a hotel or B& B licence? Is it just the food/drinks service issue? i.e can I let the house to visitors? 2. If I use the house personally and bring someone to help cook and clean is this an issue? 3 . If I let friends use the house and they bring a cook/cleaner is this an issue I do accept that you have allowed us to operate through to 22nd April and have no issue with this. Ow operations cease a week before your deadline. But I will say that our company attitude is that if we can't operate then nobody else should be able to operate chalets in Vail and we will complain to the highest authorities if we find that our competitors are not being similarly dealt with. Regards, John Bennett Ski IndependenceiOsprey llolida-rs Frcm: Susie Huxford [mailto: 5H uxford@vailgov.oml Senk 29 March 2007 01:20 To: jbennett@mobileemail.vodafone.neq John Bennett Subject: Response to your email dated 3/15/07[scanned] John, Thankyou for your paUence and meeting with us on March 5,2007. I hope this helps. I have enclosed the following regulations pertaining to your situation. If you would like to research this yourself, the Vail Town Code can be located at http : //www.sterl i nqcodif iers.com/CO/Vail/ 3100 Booth Falls Court is considered to be located within a Two Family Residential Zone District per the Vail Town @de. Only certain businesses are allowed within this zone disbict and only with a special permit (Conditional Use Permit). This is how the 'Bed and BreaKast' topic came about. The way you are operating currently is not allowed in this zone. We were trying to see if we could fit you into the "Bed and Breakfast" definition but due to the size of the operaUon, this cannot be allowed. We have agreed to allow your operation located at 3100 Booth Falls Court until April 22, ZOOT with the remittance of the Town of Vail Sales Tax. After April 22,2007, all operations shall cease. This is why we suggested the second alternative "Proposing an Amendment to the Vail Town Code". This process is outlined in Mion 12-3-7 Vall Town Me, (alsn inclusive) 12-2-2: DEFINITIONS OF WORDS AND TERMS: BED AND BREAKFAST: A business which accommodates guests in a dwelling unit in which the bed and breaKast proprietor lives on the premises and is in residence during the bed and breaKast use. L2-T4.I8; BED AND BREAKFAST OPEMTIONS: A.Definition: See section 12-2-2 of this title for definition of "bed and breaKast". about:blank 04t0912007 Page 3 of6 B.Location And Criteria: Bed and breaKast operaUons may be allowed as a condiUonal use in those zone districts as specified in this tiUe. If permitted as a conditional use pursuant tothapter 16 of this title, bed and breakfast operations shall be subject to the following requirements: 1. ffi street designated parking shall be required as follows: one space for the owner/proprietor plus one space for the first bedroom rented plus one-half (U2) space for each additional bedroom rented. 2. Enclosed h?sh facilities and regular garbage removal service shall be provided. 3. Removal of landscaping for the provision of additional parking is strongly discouraged. 4. Each bed and breaKast shall be allowed one residential "nameplate" sign as defined and regulated by the town slgn code 5. 5. If a bed and breaKast operation shall use property or fucilities owned in common or jointly with other property owners such as parking spaces or a driveway in duplex subdivision, by way of example, and not limitaUon, the written approval of the other property owner, owners, or applicable owners' association shall be required to be submitted with the application for a conditional use permit. 6. A bed and breakfast operation may short term rent separately up to three (3) bedrooms or a maximum square footage of nine hundred (900) square feet of the dwelling unit. Bed and breaKast operations shall only be permitted to accommodate a "family" as defined in section 12-2-2 of this title, C.Compliance: It shall be unlawful for a bed and breakfast operation to do business without a conditional use permit from the planning and environmental commission after June 12, 1990, or to operate in violation of any of the provisions of this code. D.Discontinuance: Any bed and breakfast operation which is discontinued for a period of twelve (12) months, regardless of any intent to resume operation of use, shall not be resumed thereafter, and any future use of the site or structures thereon shall conform to the provisions of this title. E.Review Of Decision: The town council, the applicant, adjacent property owner or the town manager, may appeal/call up to the town council for review any decision made by the planning and environmental commission regarding a conditional use permit for bed and breakfast as per section 12-3-3 of this title. (Ord. 29(2005) 5 33: Ord. 31(2001) 9 4t L997 @der Ord. 7(1996) g 8: Ord. 31(1989) 55 16-119) 12-3-7: AMENDMENT: A.Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the torrrn council in accordance with the procedures prescribed in this chapter. B.IniUation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town @uncil on its own motion, by the planning and environmental commission on iE own motion, by petition of any resident or property owner in the town, or by the adminisFator, 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administmtor. The peution shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or aboulblank 04/09/200'7 Page 4 of 6 changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing, The petition also shall include such additional information as prescribed by the administrator. C.Criteria And Findings: 1. Zone District Boundary Amendment: a. Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: (1) The extent to which the zone distrlct amendment is consistent with all the applicable elements of the adopted goals, objectives and policies ouUined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (2) The extent to which the zone district amendment is suitable with the existing and potenUal land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent wlth municipal development objectives; and (a) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and (8) Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. b, Necessary Findings: Before recommending and/or granting an approval of an application for a zone district boundary amendment, the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the adopted goals, objectives and polkies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and (2) That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (3) That the amendment promotes the health, safety, morals, and general welfare of the town and prcmotes the coordinated and harmonious dwelopment of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. about:blank 04/09/2007 Page 5 of6 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested te)C amendment: (1) The extent to which the te)d amendment furthers the general and specific purposes of the zoning regulations; and (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the dwelopment objectives of the town; and (3) The eltent to which the text amendment demonstrates how condiUons have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and (4) The extent to which the text amendment provides a hannonious, convenient, workable relationship among land use regulaUons aonsistent with municipal development objectives; and (5) Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed tod amendment. b. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the applicable dements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (2) That the amendment furthers the general and specific purposes of the zoning regulations; and (3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and ib established character as a resort and residential community of the highest quality. D.Feer The town council shall set a fee schedule for petitions for amendment of the regulations of this title or a change in zone district boundaries, sufficient to cover the cost of town staff time and other expenses incidental to the review of the petition. E.Hearing: Upon filing of a peUtion for amendment or upon initiation of an amendment by the town council, planning and environmental commission, or administrator, the administrator shall set a date for hearing in accordance with the provisions of subsections 12-3-68_and C of this chapter, F.Planning And Environmental Commission Recommendation: Within twenty (20) days of the closing of a public hearing on a proposed amendment, the planning and environmenbal commission shall act on the petition or proposal. The commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. G.Hearing By Town @uncil: Upon receipt of the report and recommendation of the planning and environmental about:blank 04109/2007 Page 6 of6 commission, the town council shall set a date for hearing in accordance with subsection 12-3{8 of this chapter. H.Action By Town Councih Within twenty (20) days of the closing of a public hearing on a proposed amendment, the town council shall act on the petition or proposal. The torun council shall consider but shall not be bound by the recommendation of the planning and environmental commission. The town council may cause an ordinance to be introduced to amend the regulations of this Utle or to change zone district boundaries, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the council may deny the petition. If the council elects to proceed with an ordinance amending the regulations or changing zone district boundaries, or both, the ordinance shall be considered as prescribed by the charter of thetown. (Ord.29(2005) $ 19: Ord.4(2002) 5 1: Ord.49(1979) gg 2,3: Ord. 50(1978) 517: ord. 16(1978) 5 8: Ord,8(1978) $ 21.500: Ord.8(1973) gS 21.501, 2L.504,21.506) fiank-you br your cooperation in this matter. Sincerely, Susie Huxford, Code Enforcement Officer Department of @mmunity Development Town of Vail shuxford@vailgov.com (970)477-3417 (offie) (970)390-5415 (cell) abouilblank 04/09t2007 .1{;\ CONSTRUCTION PERMITL'--a', ,i I \ -€:l: - tfin 0f tt[Jly l r rveeor department of community development TC BE FILLED OUT COMPLETELY PRIOR TO ISSUANCE OF PERMIT TYPE OF PERMIT BUTLDTNG fl plUuerruc ELECTRTCAL [] rOUruOlrrOH MFaHANlnat i-' lSIUo BiioYh* Falls CE. NOTE DATE _ COPY OF PERMIT TO BE KEPT ON JOBSITE 8- r 7-93 6264 L::J ! I TYPE OF CONSTRUCTION I II III IV V 2, OCCUPANCY GROUP ABE H IR M DIVISION I22a34 GENERAL DEscRtPTtoN oFWORK ; Remove exjsfin roof . insl-a] 1 Bi trrthene end new PERMIT NO. z tr fJ BUILDING 4UUU . UU ELECTRICAL PLUMBING MECHANICALshake shinsles. same as existine TYPI GROUP G.F,F.A VALUATION PERMIT FEES VN R-3 BUILDING PERM IT 85.00 o- g.v-ry)t<\ tl Y rn {an ;tf PLAN CHECK 55 .00 ELECTRICAL NEW( ) AITERATTON ( ) AOOTTTONAL( ) REPATR(x)PLUMBING DWEr LrNG UNIiS -,-- ACCOMMODATION UNITS --HEIGIIT IN FT. NO FIREPLACES MECHANICAL RECREATION FEE INSULATION: TYPE IHICKNESS R-VALLUE I DESIGN R€VIEW BOARO CLEAN-UP DEPOSIT I OO-O0 USE TAX TOTAL PERMIT FEES 240.OO _ Dan Stgns-k _ _ &-U:93_ JtLDtNc OFF|C|AL DATEADDITIONAL PERMITS NEEOED; Y N INITIAL tt-"" I r-,,1-INING AOMINISTRATOR OATE BLASTING lll )NING & BUILOING NOTES: PARKING ttlpEMo_lll I hereby acknowledge that I have read this application, tilled out in full the information required, completed an accurate plot plan, and slate that all the information provided as required is correct. I agree to comply with the inlormation and plot plan, to comply with all Town ordinances and state laws, and to build this structure according to the Town's zoni codes, design review aoproved. Uniform Buildinq Code and other ordina%ntwEy{*ro: {E TURE AND THE OWNER. pplicable thereto. JOB NAME: FILING th SUBDIV]SION rurur Ed Gund MA|L AppRESs 3100 Booth Fa11s .,r, V.i1 pH 476-1985 LEGAL DESC. ARCHITECT GENERAL CONTRACTOR FTRMG&GRoofing. Inc TowN oF vArL REG. No. 124s 668-5552 ELECTRICAL CONTRACTOR TOWN OF VAIL HEG- NO. PLUMBING CONTRACTOR TOWN OF VAIL REG. NO. IewN_qE_vAlt REg. x9-_MECHANICA CONTRACTOR OTHER CONTRACT TOWN OF VAIL REG, NO. TELE. PERMIT /I PERMIT APPLTCATION TORM bzbl )DATE: RE0'BAU0 lTlgt , APPLTCATION I'{UST BE FILLED OUT COMPT,ETELY OR IT l'!AY NOT BE ACCEPTAD {***************************** pgRMrr TNF'RI{ATr'N ****************'t************n- -[ x]-Bullding t l-Plurnbing [ ]-Electrical [ ]-Mechanical [ ]-other Job Nane: Gund aee'ideaee/elfnak Job Address: ar00 Beeth Fel+s eeF Legal oescription: Lot Block- filinS l2th sUBDrvIsIoN: Owners Narne: Ed Gund Address: 3100 Booth Falls Ct. Ph4l-{:-19-95 Architect:Address: ,f* o,, vArrJ coNsrRucrroN o Ph. General Description:s&' Work Class: [ ]-New [ ]-Alteration g l-Additional [ {-Repair I l-other Number of Dwelllng Units:Nurnber of Accornrnodation Units: . lprnber and Type of Eireplaces: Gas Appliances- Gas Logs- Wood/Pe1J.et- [********************************* VALUATIONS *********************************rl durr,prne : t W0WD PLUUBING: I EI,ECTRICAL: S MECHANICAT,: $- ofnSn: I TOTAIJ:@ *************************** Town of Vail Reg. NO.-U.4.S_ Phone Number: 668-5(62 Town of VaLl Reg. No. Fhone Number: BSryr-'NO. Reg. NO. co'80435 Electrical Contractor: Address: Plurnbing Address: contractor:Town of Vail Phone Number: Town of Vail Phone Nunber: Mechanical Contractor: Address: ******************************** FOR BUILDING PERMIT FEE: PLt }|BING PERI,IIT FEE: !{ECI{ANICAI, PERMIT TEE: ELECTRICAL FEE: OTHER TYPE OF FEE: DRB T'EE: VALUATION oFFICE USE *** * * ******** * ** * * * ************ BUTLDING PI,AII CHECK FEE: fr<. AC) PIJ'MBING PI.AN CHECK FEE: MECHANTCAI, PI,AN CNECK FEE: RECREATION FEE: CI,EAN-UP DEPOSIT: TOTAL PERMIT FEES: "W BUILDTNG: SIGNATURE: ZONING: SIGNATI'RE: Connent,s: CI.EAI| TTP I}EPOSIT NEFUTD TO:c & G Roofing. p.O.Box gl7, FRisco, COg0435 . i- luwn u Iltl 75 soulh lronlage toad Yail. colorado 81657 (303) 479-2138 ot 479-2L39 TO: FROM: DATE! SUBJECT: oftlce ol communlly developmenl ALL CONTRACTORS CURRENTLYI, REGISTERED WITH THg TOWN OF VAIL TOV{N OF VAIL PUBLIC WORKS/COMMUNTTY DEVELOPMENT MARCH 16, 1988 CONSTRUCTION PARKING & MATERTAL STORAGE In summary, Ordinance No. 6 states that lt Ls unlawful for anyperson to litter, track or deposit any soil , rock, sand, debrisor naterial , including trash dumpsters, portable toilets and workrnen vehicles upon any street, sidewalk, alley or publicplace or any portion thereof. The right-of-way on all Town ofVail streets and roads is approxirnately 5 ft. off pavernent.This ordinance will be strictly enforced by the Town of VailPublic Works Department. Persons found violating this ordinancewlll be given a 24 hour written notice to renove said materiat.fn the event the person so notified does not comply with thenotj-ce within the 24 hour tirne specified, the Public Works Department till remove said naterial- at the expense of personnotified. The provisions of this ordinance shall not beapplicable to construction, maintenance or repair projects ofany street or alley or any utilities in the right-a-way. To review OrdLnance No. 6 in full, please stop by the Town ofVail Building Department to obtain a copy. Ehank you for yourcooperation on this natter. (i.e. contractor, owner) 75 roulh fronlage toad vail, colorado 81657 (303) 479-2138 or 479-2L39 olflce of communlly dcvdopmcttl BUILDING PER}.|IT ISSUANCE TIME FRAI'IE If this permi.t requires a Town of Vail fiire Department Approval, EngineelLs (Public tJorks) reyiew and approva'!, a Planning Department review or Health Department review, and a review by the Building Department, the estimated time for a total review may take as long as three weeRg. A'll commercial ('large or smal'l) and al'l multi-family permits will have tq follow the above mentioned maximum requirements'. Residential and sma'| 1 projects should take a lesser amount of tjme. However, if festdential or smaller projects impact the various above mentioned departments with regard to necessary review, these projects may also take the three week period. Every attempt will be made by this department to expedite this penni.! as, s.qon as possible. undersigned, understand the p1 an check procedure and timeI., the frame, 3 Communi ty Devel opment Department. PERMIT NUM ER OF PROJECT TO INSPECTIONTOWN OF REQUESTVAIL ! DATE JOB NAME CALLER TUES WEDREADY FOR LOCATION: BUILDING: tr FOOTINGS / STEEL PL tr tr n tr tr o UMBING: tr FOUNDATION / STEEL UNDERGROUND ROUGH / D.W.V. ROUGH / WATERtr FRAMING n ROOF & SHEER" PLYWOOD NAILING GAS PIPING B INSULATION POOL / H. TUB tr SHEETROCK NAIL n M ptt,tRt-iCiT-tr FINAL ELECTRICAL: tr TEMP. POWER M tr tr o n ECHANICAL: HEATING tr tr tr ROUGH EXHAUST HOODS CONDUIT SUPPLY AIR tr FINAL tr FINAL VED tr DISAPPBOVED O REINSPECTION REQUIRED RRECTIONS: INSPECTOR ffisrop d,.:l g=A IiE1/r1\ |E :taL.--/ t I 3tr-st- / |;l3 ol: ol1'Z;2seac)5-l"-:'o.z mIr-rm o{oo3'orm mt- ! o ; c 2 m -l !mo'Tl Tm = = m(I,-.-m= =2. t- NFtr tr[ m - z -n -OOr- z= =\G-\;+\-{. \Atr T,trt*n =-{ \-, 97-{Ymil PIrci I iii-It --t { r' 'l'l 9l,*: m '-J :D { -l'o (D mxmT{ oz(-o TDg. -{m 1'm7 =-t zo (Jl *O u'i*-J z;--t c3< /,= oz -l n o -{mnz>mo:l-l>or-v (- Ez =m cL c *E lo l'rll<t> lFl!tm |e lztot. I I I I l{|o t€ lz l1rt<t> lF lfi IFJlz l{to l= lzlo l'r1t<t> lFlrttm l.olz le I I I I n 3 v) i"'r .: rl <t-. a)|\ lr l€ lzlo IIt>l-l!lm Lolzlo t' I t-t;l! l*' I -D- \i cl. I .\c \D = t: IIt> lFl!lm le,l2 l9 I I I z =m rq c E'b =t> E tmw YluttH t: lctI'l'4 lF t: I F \l I s- I IOm€otrTi- -zzar'l -'' zi =2 t- -It m =6z mm mf'tl<" 2m€ m 4-2 = 2 t- (.1 m.It -n ONts. =;<L! ;i 'I'I sB -D'trXzr)qrQOc)<zAOt4Io 646= E bzao6 o'trzz 5 x F> No= 5-<!< 3 lltp r'l t'' :.' fi |t n r"'4 Il s r t'i DO- H3dop.d 6Pg 8 +rf=F =o o'<Q{€E6- i *t'It- +o ==-.o D =.+t6p. -lorf R-= e =or o E B.a 0)=o.aB= O -(asde 1J Ar lt 5;F 6g6' o L-:oo<. gas 338 srdr=<.F g$F v, -.O-f a.g 0- H** 3qE @O=. !r =o*' o. D{lt o o =o. 6' o o ooo s (o o =@ i t (n_ No ='(o D o cre s. 12. oJ ooo.o lo o.o 9.(o f 5'= 3stON39o= -(c) 3g -{o 3e =oor -ooS9.9 Bg FS'o+o =ado =oYA -{ ,tn b.tl n T 3C' mr.I ot'l 2".'^oD:o'' or,-l- >'...-lii 1,1 II I is. t:, l!.) ol {Iml zlol 9l<lz -llT>l-{l,l I I I I EI-l I -{o{rTmn3 ='n mm(, g t- z m = mn ;'n mmU' ca PERMIT NOTE _ COPY OF PERMIT TO oora APrl1 7, 1993 BE KEPT ON JOBSITE 5957 PERMTT NO. TO BE FILLEO OUT COMPLETELY PRIOR TO ISSU TYPE OF PERMIT BUILDING ELECTRICAL PLUMBI FOUNDAT tr ET DT 1, TYPE OF CONSTRUCTION I II III IV V 2. OCCUPANCY GROUP A BEH IR M DIVISION l22ag4 GENERAL DESCRIPTION OF WORK : Heat tape on roof. NW corner of TYPE GROUP G,R.F.A. VATUATION PERMIT FEES PLUMBINGNEW ALTERATION ADDITIONAL) ADDTTTONAL (xli REPATR ( DWELLING UNITS - HEIGHT IN FT. ACCOMMODATION UNITS - NO. FIREPLACES INSULATION: INITIAL CLEAN.UP DEPOSIT TOTAL PERMIT FEES _Ernsl Gl,4rglq _ _ a-1-L3__ ,ILOING OFFICIAL DATE AOMINISTRATOR DATE ING & BUILDING NOTES: I hereby acknowledge that I have read this application, filled out in full the information required, completed an accurate plot plan, and state that all the information provided as required is correct. I agree to comply with th€ information and plot plan, to comply with all Town ordinances and state own applicable thereto.review approved, Uniform Building Code and inances of FOR HIMSELF L-I MECHANICAL LEGAL ]esc. LOT BLK FILING !.roa NnMr' Gund snowmelt OWNER NAME Ed Gund MATLADDRESS 3100 Booth Fali- ( crrv Vall 81657 px. 476-1985 ARCHITECT FIRM MAIL ADDRESS crw PH, GENERAL CONTRACTOR FIRM TOWN OF VAIL REG. NO. LECTRICAL NTRACTOR F.RM Sandstone Service TowNOE vAtL REG. No. 174-E rFt F 476-0939 PLUMBING CONTRACTOR FIRM TOWN OF VAIL REG. NO MECHAN'CAL CONTRACTOR FIRM TOWN OF VAIL REG. NO. OTHER CONTRACTOR FIRM TOWN OF VAIL REG. NO TELE. ft{-C coNSTRUcnoN PERM rr*nffifl tffi deprrtmcnt of community drueloprnent TO BE FILLED OuTCOMPLETELY PRIOR TO ISSUANCE OF PERMIT TYPE OF PERMIT fl suruornc [] pr-uusrr.rc El elecrRrcll ! FoUNDATToN CHAN ${4- LEGAL DESC. IoT BLK- FILING Qwnen r,rrrrre FD GUMD rrrr aoonsss 3/ oo 0u ;tp ftltt c l. cnv t/h iL /?o pn.?lt/qPf ARCHITECT FIRM mAtL AOORE!iSi ctw PH. GENERAT CONTRACTOR FIRII rorrvN oEttatL8Eo. No. 4F-1'g9l: cnrSAl/A s ro'rE 5 Pflu re r rowN oFvAfLFes.no. /7 |€ Jrt I ]I.rv I Lrn PTUMBING CONTRACTOR FIRII TOwl{ OFI'AIL REG. NO. MECHANICA! CONTRACTOR FIRII TOWN OF VAIL REG. I{O. TEI E OTHER CONTRACTOR FIRM TOWN OF V |L BEG.-NO. TELE. NOTE _ COPY OF PERMIT TO BE KEPT ON JOBSITE 4- 7- 77 "50{7DATE PERMIT t{o.t. TYPE OF CONSIRUCTTON I I t rV V 2. OCCUPATICY GROUP AEfH IR M DtvtstoN 122.?1 GENERAL DESCRIPTIOT'I OF WORK : /loo,oo ALTERAnOI| ( ) AOD|nONAL ( OWELLING UNITS _- ACCOMMOOATION UNITS - HEIGHT IN FY, - NO. FIREPLACES INSULATION: TYPE TH|CKNES3 F-VALLUE AOOITIONAL PERMITS NEEOED: INITIAL I h€reby acknowledge that I hav€ r€ad lhis applicallon, llllsd out In lull the lnformalion required, completed an accurat€ plot plan, and stal€ that all lhe Informatlon provlded a8 required is corroct. I agr€e to comply with the Information 6nd plot plan, to comply wilh all Town ordinances and stale laws, and to build lhis structure accordlng to the Town's zonlng and subillvlslon cod€s, design revlew approved, Uniform Building Code and otheg,prdinancas ot lhe Town appllcable lh€reto. CLEAN T'P DEPOSIT TO: CONTRACTOR FOR HIIISELF o BUILDII{G PERI'IIT TSSUANCE TIME FRAI'IE lf ttris Peryit.lgcuires a Town of Vail Fire Department Approval,Engineel''s (.P!rbl ic Works) reyiew and approval,' a p'lanning' Oeparimentreview or.Health Department.review, ani'a review by the duilhingDepartnent, the estinated time for a total review inay take as 16ngas three weelts,. All cormerc_ia1 (large or small) and all mu1ti-family permits will have tq follow the above mentioned naximum requiremLnts. Residentia'land.small projects should tal(e a lesser amount of time. However, if resi.dential or smal'l er projects inpact the various above mention6d departments with regard to necessary review, these proJects mayalso talte the three week period. Every attempt wr'l'l be made by this departnent to expedite thispermit as sgon as possible. !' the undersigned, understand the plan check procedure and time frame. vF 75 .oulh tronLge ro.d raal, color.do 8161i7 (303) 479-2138 or 479-.-2[39 olflcc of communlty doualoptnGnt Corununi ty Devel opment Department. I I 75 south fronlage road Y.il, colorado 81657 (303) 479-21.38 or 479-2139 TO: EROM: DATE: SURTECT: olllce of communlty developmenl ALL COMTRACTORS CT'RRE}flTLYL REGISTERED I{ITH THE TOWN OT VAIL TOWN OF VAIL PUBLIC WORKS/COMMUNITY DEVELOPMENT t[aRcH 15, 1988 CONSTRUSIION PARKING & I,'ATERIAL STORAGE rn sunmary,.ordinance No. 6 states that it is unlawfur for anyperson to ritter, track or deposit any soil, rocr<, sand, debrisor naterial , including trash dumpsterl , porlable ioi:.eti anaworkmen vehicles. upon any streetl sidewa-lk, alley or publi- P1?9" or any portion thereof. The right-oi-way in all Town ofvar.l' streets and.ggads is approxinatety 5 ft. off pavenent.this ordinance will be stri6lry enforcid by the Town of vailpyPli-. works Departnent. pers6ns found vt6ratint this ordinancewrrr be given a 24 hour written notice to remove said rnateriaL.rn the event the person so notified does not cornpry wt[n aG--notice within the 24 hour tine specified, the pulric worksDepartrnent will remove said nateiiat at ihe expense of personnotified. The provisions of this ordinance .tiri not beapplicable to construction, naintenance or repair projects ofany street or alley or any utilities in the r-ight-a-way. To review ordinance No. 6 in full, pLease stop by the Town of Ylif Building Departnent to obtain a copy. thantc you tor y-urcooperation on this rnatter. Rea Y d and acknowledged by: o ^,*- --_jf5'7 PERMIT NUMBER OF PROJECT DATE ( g'os JOB NAME READY FOR INSPECTION: LOCATION: CALLER INSPECTION REQUEST TOWN OF VAIL i THUR FRI _______aD pM BUILDING: tr FOOTINGS / STEEL PLUMBfNG: (att ,/ NOr /osf tr UNDERGROUND tr FOUNDATION / STEEL tr ROUGH / D.W.V. tr ROUGH / WATEBtr FRAMING n ROOF & SHEER" PLYWOOD NAILING tr GAS PIPING tr INS.ULATION tr POOL / H. TUB tr SHEETROCK NAIL tr tr n tr FINAL tr FINAL ftCeTRrcA): n-TEili-powen MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT -tr SUPPLY AIR f'tn /rir.rer-O FINAL ,r) tr DISAPPROVED D REINSPECTION REQUIBEDrT{-APPRovED CORRECTIONS:-\ ft-z-> / 6. n?oerc L' /'7 \ tNspEcroR 75 3oulh fronlage rord vtil, colorado 01657 (303) 476-7000 November 10, 1988 ofllce of communlty development Mr. Ed Gund Box 3145Vall, Colorado 81658 Re: Lot I, Block 2, Vail Village 12th Dear Ed: After looking at your property yesterday, and conferring withthe planners in our department, we have the followinginformation with regard to your plan. To add more off-streetparking you must go to Deslgn Review Board. As part of the Design Review Board application, you must submit: 1. An irnprovement survey by a registered surveyor showing theproperty lines, inprovements, and the contour lines nearthe front of the lot, (extending about 40 feet from thefront property line). 2, A design of the parking lot showLng the grades and retainment. 3. A cross section of the parking lot. 4. A design of the stairway showlng the stair on the plot plan as well as a cross section of the stairway and the stairway on the elevation of the building. 5. A landscape plan for the area between the parking lot and neighbor. Ed, J.f you have any further guestions, please don't hesitate tocall me at our new number starting Monday, 479-2L3A or 2139. Sincerely,,-, lJ /t- ,/,/ / ( ,22--/t1 /'oJ a't r. \ Betsy Rbsolack PJ.anning Technician LL/LO/88 Ed Gund, Lot 8, Block 2, Vail Village l-2th Must go to Design Review Board. To add off street parking, nust have: An intprovement survey by a registered surveyor showing theproperty lines, inprovements, existing landscaping and thecontour lines near the front of the lot, (extending about 4Ofeet from the front property line). A design of the parking lot showing the grades and retainment. A cross section of the parking lot. A desigm of the staimay showing the stair on the plot plan asweII as a cross section of the stainray and the stairway on theelevation of the building. A landscape plan for the area between the parking 1ot and neighbor. DATE OF DRB MEETII.IG: DRB APPLICATION *****THIS APPLICATION lllILL NOT BE ACCEPTED UNTIL ALL INFORMATION IS SUBMITTED***** I . PRE-APPLICATION MEETING: A pre-application meeting with a planning staff memberi s strongly suggested to determine if any additional information is needed. No application will be accepted unless it is complete (must include alI items required by the zoning administrator).It is the applicant's responsibility to make an appo'intment with the staff to find out about additional submittal requ'irements. P'lease note that a C0MPLETE applica- tion will streamline the approvai process for your proiect by decreasing the number of conditions of approval that the DRB may st'ipu1ate. ALL conditions of approval must be resolved before a building permit is issued. A. PROJECT DESCRIPTION:Lti l-''o^t* I AP-k-;.rl B. LOCATION OF PROPOSAL: Address 3/lo Bou-t-f- Tnlls Cou,ef Legal Description Lot 8 Zon i ng C. NAIVIE OF APPLICANT:Ed Go"JJ B'lock z Filing /z )to''n Address Bn*3i+5 41 ot Bo.,, q Lyee- rc Zt E*111 telephonet/fu47(f telephone 3>l- bi4j stake the site be removedvisits the D. NAME OF APPLICANT'S REPRESENTATIVE: Addres s E. NAME OF ", JJOI^JNERS: Si gnature Address F. DRB FEE: The fee will be paid at the time a building permit VALUATION FEE tel ephone +7L-/tr/tJ- l-fi6 -t'i+ 4is requested.' t/,tF $ 0-$ 10,000 $10,001 -$ 50,000 $50,001 -$ 150,000 $150,001 - $ ,500,000 $500,001 - $1,000,000$ 0ver $1,000,000 $ 10.00- $ 25.00 $ 50.00 $loo.oo $200.00 $300.00 IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO THE DRB: 1. In addjtion to meeting submittal requirements, the applicant must to indicate property lines and build'i ng corners. Trees that wjll should also be marked. This work must be completed before the DRB si te. 2. The review process for NEW BUILDINGS will normally involve two separate meetings of the Design Review Board, so plan on at least two meet'i ngs for their approval . 3. People who fail to appear before the Des'ign Review Board at their scheduled meeting and who have not asked for a postponement will be required to be repubi i shed. t. 4. The following items no longer have to be presented to the Design_Review Board- They, howevei, have to be presented to the Zoning Administrator for approval: a. 14indows, skyljghts and similar exterjor changes that do not alter the existing plane of the building; and b. Buj'lding additions that are'not viewed from any other lot or public space, which hive had letters submitted from adjoin'ing property owners approving the addjtion; and/01 approval from the agent for, or manager of a condominium association. 5. You may be required to conduct Natural Hazard Studies on your property. You should check with a Town Planner before proceed'i ng. MATERIAL TO: BE SUBMITTED I. NEW CONSTRUCTION A. Topographic map and site pian of site containing the following (2 cop'ies): i. Licensed surveyor's stamP. 2. Contour intervals of not more than 2' unless the parcel consists of 6 acres or more, in which case, 5' contour intervals wi'l I be accepted. 3. Existing trees or groups of trees having trunks with diameters of 4" or more one foot above grade. 4. Rock outcroppings and other significant natural features (large boulders, i ntermi ttent streams , etc. ) . Avalanche areas, 100 year f1 ood plain and slopes 40% or more, if applicable. Ties to existing benchmark, ejther USGS landmark or sewer invert. Locations of the following: a. Proposed surface drainage on and off site showing size and type of cul verts , swales, etc. 6 6. 7. b. Exact locations of all util service lines from sources ities to include existing sources and proposed to the structure. Utilities to include: gas el ectri c cabl e TV Te1 ephone sewer t,\,ater c, Property lines showing distances and bearings and a basjs of bearing d. Proposed driveways w'i th percent slope and spot elevations e. All easements 8. Ex'isting and finished grades. 9. All exjsting and proposed improvements including structures, landscaped areas 'service areas, storage areas, walks, driveways, off-street park'i ng, load'i ng areas, retaining wal I s (with spot elevations), and other site improvements. 10. Elevatjons of top of roof ridges (with exjsting grade shown underneath) to determine height of building. B. A statement from each utility verifying location of service and availability. To be submitted with site plan. C. Preliminary title report to accompany alI submittals, to insure property ownership' and all easements on property. D. Landscape Plan (1" = 20' or larger) - 2 copies 1. Show the location of 4" diameter or larger'treeS,,other shrru6s-and-riative plants tha are on the site and the location and deiign of proposed landscape areas with the varieties and approximate sizes of plant materials to be planted. i' 2. Complete Iandscape materials ljst. 3. Des'ignate trees to be saved and those to be lost. NoTE: As much of the above information as possjble shou'l d occur ori the site p1 an, so that the inter-relation of the various components is clear. The landscape plan should be separate. The existing topographic and vegetational characteristics may be a separate map. The applicant must stake the sjte to show lot l'i nes and bujlding corners. Trees that will be lost during construction must be tagged. The work should be completed before the DRB site visit. E. Architectural Plans (i/o 8tt =1'or'l arger) 2 copies . 1. Must include fl oor plans and a'l l:elevations as they w'i 1l appear on completion.' Elevations must show both existing and finished grades. Z, Exterior surfacing materials and colors shal 1 be specifjed and submjtted for review on the mat6rials list available from the Department of Community Deveiop- ment. Color chips, siding samples etc., should be presented at the Design Review Board meeting. F. The Zoning Administrator and/or DRB may require the submission of additional .plans, draw'i ngs,-specifications, samples and other material (including a model) if deemed necessiry tb determine whether a project wi'l I comply w'ith design guidelines. II. MINOR ALTERATIONS TO THE EXTERIOR OF BUILDINGS Photos or sketches that clear'ly indjcate what is proposed and the location (site plan) of proposal may be submitted in lieu of the more formal requirement! Slvql above, as 1on! ai they piovide a1l important specificatjons for the proposed including colors and materials to be used. III. ADDITIONS - RESIDENTIAL OR COMMERCiAL A. Original floor plans with a'l 1 specifications shown B. Floor plan for addition - 2 cop'ies C. Site plan showing ex'isting and proposed construction - 2 copies topos D. Elevations of addit'ion E. Photos of exist'ing structure F. Specifications for all materials and color samples on materials ljst available at Department of Community Development At the request of the Design Review Administrator you may also be required to submit: G. Statement from each utility verifying location of service and availability. See attached utility location verification form. H. Site improvement survey, stamped by registered professional surveyor. I. Prel'iminary t'itle report, verifying ownership of property and lists of easements. IV. FINAL SITE PLAN After a building permit has been issued, and when the proiect is underway, the following will be required before any building receives a framing'i nspection from the Bu.ilding Department: A certified improvement survey showing: A. Build'ing locations with ties to property corners, i.e. distances and angles. B. Bu'i lding dimensions to nearest tenth of foot. C. All utjlity service lines as-builts show'ing size of ljnes, type of material used, and exact locations. 2 copies D. Drainage as-builts. 2 copies E. Basis of beari ng to tie to section corner. F. A1 'l property pins are to be either found or set and stated on map. G. All easements H. Building floor elevat'ions and roof ridge el evations. LIST OF MATERIALS NAME OF PROJECT: LEGAL DESCRIPTION: STREET ADDRESS: LOT BLOCK DESCRIPTION OF PR The following information is required for submittal Board before a final approval can be fiven: A. BUILDING MATERIALS: TYPE OF MATERIAL Roof S'idi ng 0ther Wall Materia'ls Fasci a Soffi ts l.'li ndows l.|indow Trim Doors Door Trim Hand or Deck Rails Fl ues F'lash'ings Chimneys Trash Encl osures Greenhouses 0ther B.LANDSCAPING: Name of Designer: phone: Botanical NanePLANT MATERIALS: PROPOSED TREES EXISTING TREES TO BE REMOVED by the applicant to the Design Review COLOR FILING Common Name Quani ty S'i ze* Indicate height for conifers. (over) *Indicate caliper for dec'iduc'ious trees. " PLANT MATERIALS:: Botanical Name Common NameuoEanlcal Name : LOmmOn Name . Quanity Size' (con't) SHRUBS EXISTiNG SHRUBS TO BE REMOVED GROUND COVERS TYPe Square Footage s0D SEED TYPE OF IRRIGATION TYPE OR METHOD OF EROSION CONTROL C. OTHER LANDSCAPE FEATURES (retaining wa1ls, fences, swimming pools, etc.) P'lease specify. UTILITY LOCi\TION VERIFICATION SUBDIVISION JOB NAME LOT BLOCK FILING ADDRESS The location of utilities, whether they be rnain trunk lines or proposedlines, nust be approved and verified by the following utilities for the acconpanying site plan. Authorized Siqnature Date Mountain Bell'l-634-3778 l.|estern S'l ope Gas Harry Moyes Public Service Company Gary Ha1'l * Holy Cross Electric Assoc. Ted Husky/Michael Laverty Vail CabIe T.V. Gary Johnson Upper Eagi e Vai 1ey Water and Sanitation Discrict David Krenek * For new consi please fjll ou+ attached sheet. NOTE: These verifications do not relieve the contractor of his responsibi.lity to obtain a street cut pernit frorn the Town of Vail, Department of Public Works and to obtain ',+:1 .i +., 1^^^+r4!.!rrL/ .,..,..o.'ions before digging in any public right- of-way or easement i.n the Town of Vail . A building pernit is not a street cut pernit. A street cut permit urust be obtained separately. This form is to verify service availabli.ty and location. This should be used in conjunctj.on with preparing your utility plan and scheduting installations. DATE: LEGAL DmRTmmN:-Iot - ADDRESS: Ot,lNER ZONE CHECK FOR SFR, R, R P/S ZONE DISTRICTS Bl ock Fi f ing ARCHITECT ZONE DISTRICT PROPOSED USE LOT SIZE Hei ght Total GRFA Primary GRFA Secondary GRFA Setbacks: Front Sides Rear Water Course Site Coverage Landscapi ng Fence/Reta i ni ng 'dai 1 Parki ng Credi ts : Garage Hei ghts Al I owed (30)(33) 20' 15' 15' (30) (50) ( 3oo ) (600 ) (eoo)( 12oo) (50) (1oo) (2s)(50) (2oo)(4oo) Proposed Mechan'i cal Ai rl ock Storage Solar Heat Drive: S'l ope Perm'i tted Envi ronmental /Hazards : Slope Actual Aval anche Flood Plain 51ope t,letl ands Geologic Hazards Phone Conrnents: Zoni ng: Approved/Di saPProved Date: Staff Signature 3f3sf I1 tr L,"-) ,.{ f ,-.,/ t- Ar / f", ,,-- .r r /=- s,f* . )/,-^ A-l;J.) 4, *,,[ ,i -.r,no / +" / a-L- t*; 7, "--<j '" * u* h &"R: D;,i n,T -(o "rJl / {t(/7 '/'./ trALL-SHg oo /t; 1", ht's\ \ A o tt t.. .9 .: o .t 5$;r tot tol \0' .0' 5" /-.--f \ ---.< ,e/ --r-. o/ /sPna" ./ o' -/e 549' A --L.6;/ -,-/? 4 -llr:+Yl o 1oJ $1^ , 'tsq " o',,[ll}:;;'' ,'ii$'. rx no? 0 b!" :$;t''u fl;,ry / \ ,1 t( It s bb* o u tb* ,f,l$r \ ro*bs* f* c ,hxE n b!*r\ Oo pto o G. t' i, '. r:. [--'S n ?/ {}: u ^b*;, q09\5 '.'b,',. o$ b$*v lot s? 4 .^xtl 0 ,hXEf" o \1* b s -f lr ,rtp lvh fr,\l \y .\ bt. !.. j 0 *" 4) .lx! s { -'.?' '/ ^9<::,,h nod =aG.Ae NorE - copy oF pERMrr ro BE KEpr or'r JoesrreN\ \$g-*\..q\CONSTRUCTION PERMIT o^rE t2/L5/p6 hm department of community development TO BE FILLED OUTCOMPLETELY PRIOR TO ISSUANCEOFPERM TYPE OF PERMIT xn! D E BUILDING ELECTRICAL PLUMBING FOUNDATION \srME()HANTCAL L-l LEGAL I orsc. LOT BLK FILING 3 JOB NAME: GUND OWNER NAME Ll.r \rv' '\l MATLADDRESs 3110 Booth Falls ctw pn 1965 ARCHITECT FIRM MAtL ADDRESS CITY PH, GENERAL CONTRACTOR FIRM ]OWN OF VAIL REG. NO l)rr"r*,.o.FIRM TOWN OF VAIL REG. NO.UUNIKAUIUK PLUMEING CONTRACTOR FIRM MECHANICAL .,*nn Glo Core of Colo rowN oF vAl!, REG. No. 116 M UUNIT{AUIUK rELE. 761'3240 OTHER CONTRACTOR FIRM rowN oflvall IEG-No TELE. lh. pdnlcry/vai IT t. wPE oF CoNSTRUCTTON | [ r I V V 2. OCCUPANCY GROUP ABEH IRM OfVfSION I22a34 GENERAL DESCRIPTION OF WORK : - Rrrn 50' oas line 3/4 . install duct PERMIT NO. zIF 3J BUILDING ELECTRICAL PLUMBING ano venErng,/ tnsEall rorceo arr }IECHANICAL 3900 TYPE GROUP G.R.F.A. VALUATION PERMIT FEES \ V R-3 3900 EUILDING PERMIT -J \ $\ Nx CSt ns< $r PLAN CHECK ETECTRICAL NEW( X) ALTERATION ( ) ADOITIONAL(X) REPAIR(PLUMBING DWELLING UNITS - MECHANICAL 60-nn HEIGHT IN FT- - NO. FIREPLACES RECREATION FEE INSULATION: TYPE THICKNESS R-VALLUE DESIGN REVIEW BOARD rLoon | ! |CLEAN.UP DEPOSIT EXT wALLs | | |USE TAX ROOF TYPE OF SOLARHEAT GAS WOOD TOTAL PERMIT FEES 60.00 Gary Murrai n l2/L5/86 ADDITIONAL PEFMITS NEEDED: Y N INITIAL sr. cur | | | UITDING oFFIGIA. DATT Tom Braun L2/15/86 )NING ADMINISTRATOR DATE BLASTING ONING & BUILDING NOTES:ro"","o I I I hereby acknowledge that I have read this applic completed an accurate ploi plan, and state that all 1 agree to comply with the information and plot plal laws, and to build this structure according to th€ review approved, Uniform Building Code and othe n, fill nforr com wn's in full the information required, )rovided as reouired is correct. I r atl {own ordinances and state and fiubdivision codes, design the Tlqln applicable thereto. ANO T NTRACTOR FOR HIMSELF hJ on r(:LlrL*f NorE - copy oF pEFMr'o , ff,, Xonre tZl tu (te z)f':::: I:':^::r: n"n. i;;';;oiil'l,ii'rl-:f-Lg!tlg rs^NEEDED FOn FrLilrG I,Enr,[ r lrrnllytil i:i /t';:.Er-/ | . -.,^-__-l-::!: gt conrplere Ji."r,igi (ii';; 1:r!:,qr, two' conrplete eriiaiaiionsof r,rork.depof tmont of conrmunity develoimcnt PLEASE FILL OUT I,IIIERE TIIE UX'I MARKS rype op pEnniT PtrUMBIIVC FOUNDTRON outt DtHG ARE! !z tr fJf]-aurrorm-c Effii#.! Dn t t II X X B NAME: 6uru0 OWNER crr, '\ ARCHITECT 3{to B*.*o GENENAL CONIRACTOR ,tr?'#16h PLUMBING CONIRACIOR MECHANI CONTRACTO OTHER TELE. - FIRM - ll:::9t, acknowtedge rhar l.have road rhis appticar I l[ i' i]";r"*:.! q^y,i1 9,r, r 9 r p I a n, a n d, t, i o ir, j i iiri lf o TOWN OF VA|L FEG. NO. TOWN OF VAIL NEG. NO TOWN OF VAIL REG.NO. r,ru GtCr,^t COtzg oeCoiO. wN oF vAlLgEG. No -7 et I, TYPE OF CONS]NUCTtON 2, OCCUPANCy cnouP DtvtstoN 4 Y. x ACCOMMOOAIION.UNITS NO, FIN€PLAC€S THrcKNEss -TyALLUE -!!--r- .--r- TYPE OF AOOITTONAL PESMITS ST. CUT tt'tSUUrtOr'r FLOOR er-(c. BT^STING PANKING ELECrnlcA( PI"UtJ BINC TTEc ANtCAL PERMIT FEES IT FEES - datE ZONING & BUILDING NOTES: BUILDTNG PER[I II PLAN CHECK ELECIRICAL PI-UMEING MEC ANTCAL RECREAIION FEE DESTGN nEVTEW 00Ano cLEAN.UP OEPOStT TOIAL lS3lIgNa ) ^oo'roN- TOWN OF VAIL FEG. NO. CONTRACTON agree to compty with rro l"i"""Lii"" ,,iJ;;;l,;:;ltaws, and to build this str re vie w a pp ro ve; ; -u ;l;; r;' :i:r u re- a ci o rd i n s I o' t h erruttdrng Code and olher on co,vrnecronEillffiEli ltr /-rs r\rr "''-oe;-1- (r,_ /'.> €- t*ra (,4'' -4 - 'i;''a' t'll ti Fr iil:i **-)e- or,^"{ -\ 1!iir,i ii- Il',-.t^>15f.. I L I I I I I ir.t- ab >- --,+) =\: >-E\\st_€_t'fi R.-ll, \r ,Inli I -hi ,ll *-*- i .rr, 1l h iiirl i 'ii'., lr i,'tllr. (l,tl i I l" I ! I t n d' !, hrr,+,- ' ?vlO-4 &). rr ABo' 12'oc \'-----i.- -€t.-c_ eco{rt. "r .l r-rr-- . El. rl_ -:1.rl'J rr-s{ :*Y?{ : Ittrj,rt I \tf ul- ,1 lu ifrllU,! lN, IC:'.iC) I i:(ItP ;T io I rJ- It,l[-i I ,\ 7:ds! bJr:;i"'1.;-*Y*;f N... :zil:*.rt':"r r -' l{': c.r:l I rlb" L :i.,'... .i.l rl.l,l l,l ,rtl, ,,ll i , f.Jl' ll. --tlL-' i. M.c Ti pt- ,, .I rfrl ':l l7 I r.\ .r{{l ': J T-.t,' _l o- :<€- (\ lr + ,r?: Vlli r I ' ?A' - h5, trJ I_t l+'ri i i,;Z 2lr' .:'\ ,r ) -: - .:l).'i t PERMIT NUMBER OF PROJECT JOB NAME MON CALLER READY FOR INSPECTION:,/'-\ t- -] 't |. TUES { WED) .THUR INSPECTION REQUEST TOWN OF VAIL LOCATION: FBI oere lL t.,- BUILD!NG: tr FbOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W,V. tr ROUGH/WATER tr FOUNDATION / STEEL tr FRAMING - ROOF & SHEER- PLYWOOD NAILING tr INSULATION tr SHEETROCK NAIL tr tr FINAL tr FINAL ELE trT trF trC tr_twF CTRICAL:MECHANICAL: TEMP. POWER tr HEATING ROUGH E EXHAUST HOODS CONDUIT tr SUPPLY AIR tr FINAL tr FINAL APPROVED )RBECTIONS: O DISAPPROVED tr REINSPECTION REQUIRED INSPECTOB hJ on r(:LlrL*f NorE - copy oF pEFMr'o , ff,, Xonre tZl tu (te z)f':::: I:':^::r: n"n. i;;';;oiil'l,ii'rl-:f-Lg!tlg rs^NEEDED FOn FrLilrG I,Enr,[ r lrrnllytil i:i /t';:.Er-/ | . -.,^-__-l-::!: gt conrplere Ji."r,igi (ii';; 1:r!:,qr, two' conrplete eriiaiaiionsof r,rork.depof tmont of conrmunity develoimcnt PLEASE FILL OUT I,IIIERE TIIE UX'I MARKS rype op pEnniT PtrUMBIIVC FOUNDTRON outt DtHG ARE! !z tr fJf]-aurrorm-c Effii#.! Dn t t II X X B NAME: 6uru0 OWNER crr, '\ ARCHITECT 3{to B*.*o GENENAL CONIRACTOR ,tr?'#16h PLUMBING CONIRACIOR MECHANI CONTRACTO OTHER TELE. - FIRM - ll:::9t, acknowtedge rhar l.have road rhis appticar I l[ i' i]";r"*:.! q^y,i1 9,r, r 9 r p I a n, a n d, t, i o ir, j i iiri lf o TOWN OF VA|L FEG. NO. TOWN OF VAIL NEG. NO TOWN OF VAIL REG.NO. r,ru GtCr,^t COtzg oeCoiO. wN oF vAlLgEG. No -7 et I, TYPE OF CONS]NUCTtON 2, OCCUPANCy cnouP DtvtstoN 4 Y. x ACCOMMOOAIION.UNITS NO, FIN€PLAC€S THrcKNEss -TyALLUE -!!--r- .--r- TYPE OF AOOITTONAL PESMITS ST. CUT tt'tSUUrtOr'r FLOOR er-(c. BT^STING PANKING ELECrnlcA( PI"UtJ BINC TTEc ANtCAL PERMIT FEES IT FEES - datE ZONING & BUILDING NOTES: BUILDTNG PER[I II PLAN CHECK ELECIRICAL PI-UMEING MEC ANTCAL RECREAIION FEE DESTGN nEVTEW 00Ano cLEAN.UP OEPOStT TOIAL lS3lIgNa ) ^oo'roN- TOWN OF VAIL FEG. NO. CONTRACTON agree to compty with rro l"i"""Lii"" ,,iJ;;;l,;:;ltaws, and to build this str re vie w a pp ro ve; ; -u ;l;; r;' :i:r u re- a ci o rd i n s I o' t h erruttdrng Code and olher on co,vrnecronEillffiEli ltr /-rs r\rr "''-oe;-1- (r,_ /'.> €- t*ra (,4'' -4 - 'i;''a' t'll ti Fr iil:i **-)e- or,^"{ -\ 1!iir,i ii- Il',-.t^>15f.. I L I I I I I ir.t- ab >- --,+) =\: >-E\\st_€_t'fi R.-ll, \r ,Inli I -hi ,ll *-*- i .rr, 1l h iiirl i 'ii'., lr i,'tllr. (l,tl i I l" I ! I t n d' !, hrr,+,- ' ?vlO-4 &). rr ABo' 12'oc \'-----i.- -€t.-c_ eco{rt. "r .l r-rr-- . El. rl_ -:1.rl'J rr-s{ :*Y?{ : Ittrj,rt I \tf ul- ,1 lu ifrllU,! lN, IC:'.iC) I i:(ItP ;T io I rJ- It,l[-i I ,\ 7:ds! bJr:;i"'1.;-*Y*;f N... :zil:*.rt':"r r -' l{': c.r:l I rlb" L :i.,'... .i.l rl.l,l l,l ,rtl, ,,ll i , f.Jl' ll. --tlL-' i. M.c Ti pt- ,, .I rfrl ':l l7 I r.\ .r{{l ': J T-.t,' _l o- :<€- (\ lr + ,r?: Vlli r I ' ?A' - h5, trJ I_t l+'ri i i,;Z 2lr' .:'\ ,r ) -: - .:l).'i t PERMIT NUMBER OF PROJECT JOB NAME MON CALLER READY FOR INSPECTION:,/'-\ t- -] 't |. TUES { WED) .THUR INSPECTION REQUEST TOWN OF VAIL LOCATION: FBI oere lL t.,- BUILD!NG: tr FbOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W,V. tr ROUGH/WATER tr FOUNDATION / STEEL tr FRAMING - ROOF & SHEER- PLYWOOD NAILING tr INSULATION tr SHEETROCK NAIL tr tr FINAL tr FINAL ELE trT trF trC tr_twF CTRICAL:MECHANICAL: TEMP. POWER tr HEATING ROUGH E EXHAUST HOODS CONDUIT tr SUPPLY AIR tr FINAL tr FINAL APPROVED )RBECTIONS: O DISAPPROVED tr REINSPECTION REQUIRED INSPECTOB /'-\ - - -)J I i\ PERMIT NUMBER OF PROJECT I INSPECTIONTOWN OF REQ VAIL I \.7*? DArE 6^lll- v? JOB NAME READY FOR LOCATION: INSPECTION: oALLER F.l A,.^- { 3ia2--nu c- WED BUILDING: tr FOOTINGS / STEEL 'PLUMBING: tr UNDERGROUND tr FOUNDATION / STEEL tr ROUGH / D.W.V. tr FRAMING tr ROUGH / WATER n ROOF & SHEER" PLYWOOD NAILING tr GAS PIPING tr INSULATION tr POOL / HJU_B tr SHEETROCK NAIL ,,1";il.Jtr tr FINAL q^ ELECTRICAL: tr TEMP. POWER tr ROUGH - O EXHAUST HOODS tr CONDUIT tr SUPPLY AIR tr tr T] EiNAL NAL PPROVED RRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED INSPECTO o TOWI{ OF I,AIL BIJILEIING PEFIMIT ltb DATE OF APPLICATION TOTAL FLOOR AREA CLASS OF WORK NEWX ALTERATION I } ADDITIONT I REPAIR USE OF gUILDING SO. FT, OF BLDG.OFF ST. PARKING MAIL ADDRESS NO. OF STORI ES NO. OF LIVING UNITS MAIL ADOR€SS WATERI ) FORCED AIR ( IELEC()UNIT( I LOT -,E BLK '/ FILING INT. WALLS 1. TYPE OF CONSTRUCTION I II III 2. OCCUPANCY GROUP A B C D E F G Dlvfsf oN 12 3 4 BUILDING PEBMIT SPECIFIED PLAN CHECK FEES FIRE SPRINKLERS WET STANDPIPE DRY STANDPIPE COMB. STANDPIPE CLEAN UP DEPOSIT ERAL DESCBIPTION OF WORK OCCUPANCY SEPARATION TOTAL LOT AREA FLOOR AREA RATIO EASEMENTS VARIANCE UNCOVEBED APPLICATION ACCEPTEO _#__ /APPRovaL STGNATURE OF OWNER OR CONT&ACTOR -r Ttl WN OF " BIJILEIING t'A tt PEF|MIT TOTAL FLOOR AREA TOTAL LOT AREA FLOOR AREA FATIO EASEMENTS VARIANCE UNCOVEREDo DATE APPLICATION ACCEPTED PLAN CHECK APPROVAL PERMIT # I IIEREBY AOKNOWLEDGE THAT I HAVE READ THTS APPLICATION AND S'I'ATE THAT THE ABOVD IS CORRECT AND AGREE TO COMPLY WITH ALI, TOWN ORDINANCES AND STATE LAWS REGASDINC SUILDING CONSTRUCTION. TYPE OF OCCUPANCY EXITS BEO. DATE oF APPLICATION 19 NEW(I ALTERATION ADDITION I ) REPAIR ( I COVEBEDUSF OF BUILDING SO. FT. OF BLDG.HEIGHT IN FT.OFF ST. PARKING NO. OF STORIES OFF ST. LOAOING NO. OF LIVING UNITS MAIL ADDRESS SO. FT. COMMERCIAL ER ( I FORCED AIR ( IELECI IUNIT{ I LOT BLK FI LING COVERING 1. TYPE OF CONSTBUCTION I II III IV V I HR 2. OCCUPANCY GROUP A B C D E F G H I J DtvtstoN 12 3 4 BUILDING PERMIT PLAN CHECK FEESSPECIFIED FI RE SPRINKLERS WET STANDPIPE DRY STANDPIPE SMOKEPROOF €NCLOSURE ABEA SEPARATIONERAL DESCRIPTION OF WORK OCCUPANCY SEPARATION - \ ,^ SIGNATUR|. oF owNER oR AoNTA AcroR P\ , \- aL\-ZL, 7t5' i t- , -\cJ. Permit No.irfl 008 VAIL WATER AND SANITATION DISTRICT METER INSTALLATION PERMIT lom METER TO BE INSTALLED BY LICENSED PLUMBER WITH TOWN OF VAIL. NAMEoFJgg ED GUND RESIDENCE AoDRESS AND/OR LEGAL DESCRIPTION T'OT 8 RT.OCR 2 12th FTLTNG pLUMBfNG CONTRAcToR JERRY SIBLEY LlC. No. .9Af- f 3'/- r Metorslze 3 / 4" Moter Make RocKwF:T,T' MoterNumb€r 109150 BillthisAmountloPlumber Date lseued JUNE 21 . lq 7 I CALL FOF PHYSICAL AND METER INSPECTION WHEN INSTALLED 476.5613 EXT.23O Water &Sanitation District Bldg. Dept. -whlte;- Wat€r & Sanltstlon -Can8ry;- Contractor - Pink;-Accounting- Goldenrod PLUMEilNG/MECHANTCAL FEFIMIT TOWN OF VAIL DATE ToBNAME Au-A ?a r / owNER >J 4 r*xL ADDRESS coNrRAcron Si A Ae*r VQ" h L t ne pHoNE OF BUlLDING: oF woRK: E[ *.* D aootnorv E nemooel E] ntpot" IPTION OF WOBK: PLUMBING: NUMBER 't4-?MECHANICAL: NUMBER VALUATION $ €.J/1)6 VALUATION $ REMARKS:REMARKS: tr PERM'*V4o€9 /PERMIT FEE fi^*ro TOTAL FEES: $ florsneenov* {'nV , oorrM , ^{gt-;- I PLIJMEilNG/ MECHANTCAL TOWN OF VAIL r=**it E OF BUILDING: oF woRK: El new fleoornoru ! nemoopt- E nepnln PTION OF WORK: PLUMBING: NUMBER MECHANICAL: NUMBER VALUATION $VALUATION $ REMARKS:REMARKS: PERMIT FEE PERMIT FEE fl eernoveo TOTAL FEES: $ I orsneenoveo DATE Pe,mir No.. 0003L5 lmr NAME oF rce ECt ,+r ,*/n eE:* LOCATION AND LEGAL DESCRIPTION UAII ITATER AI{D SAI{ITATI(II{ DISTRICT WATER ANII SEWER TAP PERMIT TAP PERMITWILL NOT BE ISSUED UNTIL TAP FEES HAVE BEEN PAID IN FULL. NUMBER OF UNITS Date Billed cENERALcoNrRAcroR €A e/r4D 96g. Lrc.No. PLUMBING OR MECHANICAL CONTRACTOR Ltc. No. EXCAVATING CONTRACTOR SIZE OF TAP: Water 3,<x $300.00 = Amount f,bte Paid Bldg. D.pt. - White; - Water and Sanitation - Gro6n; P A Y E E, DETACH THIS STATEMENT BEFORE DEPOSIT]NG CH-€CK 'a ELECTRO-VAIL, ]NC. DATE lNVOICE NO.t DESCRIPTION ! o"or"t NET AMOUNT 17 /3/77 Permits r Ed Gund 3110 Booth Crk. Drive'-Progg! -Wes tern ( t.l| tbFr eif,->4839 Meadow Drlfve 1t604 $12 $18 $32 00 00 00 $62.00 Town of Vail Fr.f,:cIRICAL PmMIT N9 Building Valuation Electrical Valuation Permit Fee Inspection Fee Total Fee 502 r $........-.....--...........- THTS FORTI Tg TO BE FOSTED 01{ JOB SITE DURII{G CONSTRUCTTOT{ 24 HOT,JRTI ADVANC.E N(yITCE REQIJIRED FOR INSPECTIONS tot*arn*..ffi. @NA Date of Apprication...................././.:...3^--...........--.-..--..-..1g..4.2...... Electrical Contractor APPROVALS Plan Chectlr tHE a. f. rlaa!trt !!., !riv!, tr!as2 No' 1?9' B'r' "'r suBPoEN^ DUctcuM tN clvrl *i3H:"ff":r?,:JrXt# i;lla."*', "*'u', corooao ,-s.r, rl rN rFE...-D.LSIRJCL.....-..........cotrRT IN AND F'OR TH-F! -...-..-........couNry oF...EAGLE-.... AND STATE OF COI,,ORA-DO CTVIIJ ACTION No...-,35-6.6...--..--...,.-Drv SUBPOENA DUCES TEOI'M TEE PEOPIJE OF TIm STATE Of'COLORA-DO To ...--- MA.RK..||ARCHIIS-*--B-ui.'l.dj.ng..-O-f.f-i-cial.-.for...the..Jqwn---of...VaiI-.-Buildiag ..Depar.tment.----- GREETING: You are hereby orderecl to attend and give testimony in tne.---.D.:.S-tf.i-C.t.-.-.-.-.Court of said-------.-------- Conaty of..---..E39].g--.....----,---.-------.on tte----.?-3-!lC------..---rlay of..--....-14-eI:---...-..--.-.-- --, \97.9.---, at--9....-.--o'clock ...A-M., as a rvitness f or-.--.Diarnond--Homes.,-Dl &ll action between-...--.D-iarnond"-llones'---Inc ---"-'-, plahtiff--"""' and......Ed..Gund ..-.--.....--.-.defendant..."--", anrl atso to procluce at said rime and ptace-.,..?-L-'! "-p-l.gn-g-..9.r.|.d .s.p..9.9i.f.i.-c-e!-i.gn-s,...Y{h-i-qh...!!e-re----..-.---...---- :.!t.$l.!!.e.9..!.9....yoq...9:...!.h.e-..9.q.j.:l..4:l.l.g...Q.r..f.l.-c-!.l.]....f Departmelt,w!t.h..rqgq-r9..!"o-...!.Ig...g.o.'tl.t.!.!:l]..c.!.iqj!...9.f...qly..i[p.r.c B]ock2,Va.i1v!].!cg.e..r..|i.].:.l"g..!!.e....]..?.'....Y.l.i...!''...Eeg.l.9..'9*o-!.n!.y.'...e.o.l.9..r.q.d.a.......''....... now in your custotly or control. Ald tbig you shall in nowise omit, uncler penalty of the law. Dateil---...l|.4J.-l-0.-- -.......... ---. 1e.7-9... (Seal of Court)Clerk of said Court By-- DePutY Clerk GAL NSKY AND SILV RSTEIN I Oltt----J- Three Park Centra] , Suite 404l5l5 Arapahoe Street D.en.v.er.,..Col or:ad0...802 02 Adilresa of Attorney-.--. TFFE@€"Fprpe[fecun is issued pursuant to Rule 45 of the coloraclo Rules of civil Proceclure. EAGLE Cr";1, c !FRiFF MAY I519/9 M PII Court filing Stamp STATE OF COLORADO, ]*.......-County of I hereby certily that I have sereed the within Subpoena Duces Tecum in the..---...----....-.-.County of ancl paicl to the person so served : Witnessfee $...-....---...----.--.-.-----.. Mileage $--.----.....----.--.---....----. TOTAIT $--..----.-..-------..--.--...--- : srATE OF COT,ORA-DO, ]* ....-..........Coulty of .......-.-.............-..........J the affiant, being sworu, says; tbat affiant is over the age of eighteen year.s anil is lot a party to this action; and that affiant has served the withitl Subpoena Duees Teclgt in the....--.-.,.-.......---...-......-County of....----.... Colorado, on the aail paiil to the person so served : Witness fee Mileage TOTAIJ $.--- --..-..-..---.......-....-- $...-............................ s-.-.---.-....-- -..........---. My commission expireg (Seal of Notary) +State manner ol setvice. fFor amounts of witness fees and mileage, see Title 13€3-102 and 103 C.R.S. 1973. Notery Public (D t0c(9 H q) h fiq) F t l1D IlJrr ttlrv Mt ttuA.rtu I{EETING:,tn' zs, 1e7B PRESENT:-..BILL RUOFF Lr,oU-panrnr BILL BISHOP RON TODD \-.ABirSrAP"rRO- Ed Gund tr'INAL oDATE OI' MEMBERS SUBJECT: ACTION TAKXN BY BOABD: , BLOCK_, FILING SECONDED BY: AGAINST: ABSTENTION: LOT ![0TroN L:,l,i'-.:j,..1) ' .;'i .J r '1''1 )i ) \rAPPROVBD, A orronn*ou;:- I I,i'-'et APPLICANT DESIGN REVIEW BOABD 'areh 2, 1978DATE OF MEETING: UEMBERS PRESEM: BILL BISHO>J RON TODD ABE SHAPIRd\ SUBJECT:Gund Residence Revision of Exterior Design LOU PARKEhI ACTION APPROVED: DISAPPROVED: ABSTENIION: SUMMABY: + box .100 vail. colorado 81657 (3031 476-5613 office of the town manager November 2I , 1977 Mr. Ed Gund P.O. Box 3145Vail, Colorado 81657 Dear Sirs: On Novembet L7, 1977, the Town of VaiL Bulldlng Department concluded a Plan Cheek on the proposed Gund Residence, Lot 8, Block 2, Vail Village 12th Filing. The following items appearto be in non-comformance with the Uniform Building Code, 1973Edltton, as adopted and amended by the Town of Vai1. Upon submission .of another set .of working drawings by your reference notes will be marked and returned to you. The following iterns incorporate to the best of our knowledge all evident non-compliances. However, failure by the Building Department to note non-compliances in no wayrelieves compliances with adopted codes. Sin /rd/futu ames A. AbbieAssistant Building Official JAA/di Enclosure .oF Page 2 PLAN CHECK GUND RESIDENCE GENERAL BUILDING DATA Appllcable Codes: Occupzenc;: Group: Construction Type: Legal Description: ZONING DISTRICT UBC, 1973 as amended UPC, 1973 as amended UMC, 1973 as amended NEC, 1975 as amended UTC, 1976 as amended Dwelllngs and Lodging Houses (I)Private Garage (J) TypeV-1hour Lot 8, Block 2, YaiL Village LZtn. Filing Archltect: Diamond Homes, Inc. 3279 South Santa Fe Drive Englewood, Colorado 80110(3O3) 78e-445L Coniractor: Same as ab.ove. . , ..of o Page 3 .PLAN CHECK GUND RESIDENCE 1. Need site plan with location and landscaping. 2. A11 notes on drawings requiring engineer veriflcationwill be verified in written form and stamped by a licensedstructural engineer. (Seetlon 301(c)). ' 3. Smoke detectors as indicated on drawings. (Section 1413-1976 UBC). 4. L hour seperati'on between area occupancies (Table No 5-13). 5. Plumbing flxtures: Toilets - maximum B gallons per fLush. J I lif'n,rq lltt"t I - Itcsidenti-a] t 0.'1.!> =. Co;:;ir:l.cj.al x I"00 : _ _-'SJro":cr. ot Tub x J..50 = I.\ 1-' t'':. '- \: \ "' o V/rIL lj/iT)iit /rriD , l,, a. ' lt, i rI' Y lrJ. t"t ; liugincsg crr'. Ilone Oilncn fi:iiILT.rrl'I0li ijll'iT:iI Cl0. I10i: 6 3.1 :l:fC Of i<!r.c:; g rll c0Lc;.riL'0 8L6 57 t€Q'&Uf-{ t) . utocr:i 'i 'i ::., rrt . * F '... c, Bes. 1st..2nd 3rd r&ti: ilac. Lst 2nd 3r'<1Ilth Toil.c'.' . tJr-i,rrrl. . .: o'r. 1,.';: sl'rbci.'lL Ice J'iachines :: 0.25 IJas ].rrt '- ' Srd --_ ar:C r..'ater fctun'r;ains x 0.25 =tl {- }a.i Lll .'Fq..€-c".ra3l_.-.d llas Ir-e't 2rrd 3::'d rt'ih .n Saunal; Das "'1s't ?tid $rdtttlr Bas L!:t 2nd. 3r'd l+th t. -** iiasi-r: lr:<l To:'Lli:'cOrre-Iialf 3e"th -r 1 fifl ..4 +. r'tW ' l, slo t0, i'u11 IJath ( Srrc":e;. ot TuIr ,Brsin, Toilq!)6.x 3.00 Brs J o': 2nd 3r'il l.ttlr Roons ( Liv-i;r !i rcc;ls , Bcr<ir.ccns , Of iices , Sliol>s . Studios ).fox t.oc = 3r.dqth ll.i s .Ist 7lncl 3r-cllitlr Xitchens iiesiCcnt.tal - Jli-s:lit'.-'.c]r c r. .2. S0 '= 6i, o o I.0c = :[ .:': .r2; xfx lir t clleri :i * Cor-'rc:.c il I D tlll -J\ lL. J \., -. t. 'l trA -6 J. o r,r t,' r, .l l't\lt ( t JU l)i::)rr;r r:he r.$c;rti;rJ;; t1 ll,'r :; I 1 r. '1. "'-- Iir.rt L . 2rrJ '*''--"- ' rrr'\r 1,.'tt:tttl:.,/ lir: l:i.tlirtt (:j.ft]. ,, :, Iri'Llt l)(,\1 ll.uilrll. l X 0. S,0 :;,fo 'o'' I tat I I o L,Ult li ).:.tt ?:ttl 3:td 4 tlt t,ttyurl.".'y Corr;nclc ial 1rs.:. 'rlaShCf.)3 2.00 = .1.L . --.-ll.--- ' (trttt:'.rle lliltcl. ( ilr.rr:;:lun ol' onc ) 0ut sic! e Sp:'.in):).ci's D- ): I.oo = .2_:QQ..- .i 1a -X Uoii.1 - 1. a 4. 5. B:ts ls"c 2n'.j 3r-ritrth firc. llosc Cabincts Ser.vice S'ca'ci.on ' Sr.ritr"rj.ng PooI x I'00 = >r30.00 = x 5.00 = ljas .1s't- 2riC 3r'dlitlt Conve:ttion Ce:ltc:: Per. Person 23 0.1-0 = T0?/:L POI]ITS 'a< 10:00 pcli:rts l'ai:al. Unj 0 0 'Li:ri-r: \o&"a'x $eao. oo .fo1]-o'*'ing t}re ccil?iet-llort Q'f frstruction bf at:,- ::esi.c'ic:r-;ial- a:'rC coi...:-tor'"iJf s'.r--r"l'.="i. il-,. D'i.s'i:ict shal.l pe:'for':r a phi'sical in- . . ., .! . ..: f4au lisi--ecto:- Boa-r.d of Directors ':' TaiL l'larte:: and Sanitation Dist:'ict ttTt 3 G,zl s;;,.,tri.,'r, o:' alll p'r:'e:alses !o ce.te::nj-1e .'che :ru::.l:ct' of pcin'cs tc i;i. or*r.'"sci a:cco:rii::g to the "lare1 and Se.'';eir Tep lec. aird.Rata Sci:etlu1.:, a:i aiicJlrlec r .:nC ';l'ig, Di:;t:'i-ct Slii.l-1 :15-ilc: *:n1' a<'l3ust:tr''::tS ir.*u"r.,"yi in the c:riginal tap fe.e pai{. T|is r:rspec':io;r she11 al-so detlrninc tlie buiLci-ing, oi..'lre::ri wate:' a:-rci Se'.'tel' service- "'$ gn , ?rI tbso 86., ?)l a - tt ai , tl IGN RSVIEW BOARD MEETING: PRESENT: ^ - ^.;NOVCMDET 3. TY T I BILL RUOFF LOU PANKER BILL BISHOP RON TODD ABE SHAPIRO SUBJECT; Gund Residence - conceDtual o DES DATE OT IIEMBERS ACfION TAKEN BY BOARD: MorroN: sHAPtpo ABSTENTION: DISAPPROVED: , BLOCK 2 ,FILING 12th AGAINST: LOT B SUMMANY: DATE OF IIEMBERS o D MEETING: October 20, ]-977 PRESENT: BILL RUOrr' LOU PARKER ESIGN REVIEW BOARD BFTFET$mF :*g*r4eDD ABE SHAPIRO Gund Residence - conceptualSUBJECT: LOT 8 , BLOCK 2 , FILINGVa1I Villag" l2th F AgTION TAKEN BY BOARD: MOTION SECONDED BY: VOTE: FOR:AGAI}IST: ABSTENTION: APPROVED: DISAPPROVED; - $nMARY :' aur < q, APPLICANT o pEslGN liEViEW BOARq Lou Parker Ron Todd SUBJECT:Gunn Residence -relocation of structure SECONDED BY AGAINST Abe ShaPiro ACTION TAKBN BY BOARD: MOTION: VOTE: FOR: ABSTENTION: APPROVED: DISAPPBOVED I DATE on MEETING I August 11, 19?7 MEIIBERS PRESENT:Bill Ruoff SU\{\TABY: o DE SIGN REVIBW BOARD DATE O[ MEETING: .MEMBERS PRESENT: ACTION TAKEN BY BOARD.: APPROVED: SECOMED BY: AGATNST: ABSTENTION: DISAPPROVED: SUITII\IARY: utF t-/.->1 """*A;e^ Y't*l- DIi$rcN nt:vllju-IO^RD DATE OII IIBMBERS PRDSDNT: MUETINC: ACTION SUBJECT: TAKEI{ BY BOARD: VOTE: FOR: APPROVIiD: DISAPl)ROvIiD: U-//u o.fY,'t t ua SECONDED BY: AGAINST: ! a ABSTDNTION: '!A^v4 SUTIIIAIIY: