16 Del. Admin. Code § 4467-20.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4467-20.0 - Inspections

20.1 Inspection Frequency. An inspection of a recreational operation shall be performed before a permit is issued and at least once during the operational season by the staff of the Division of Public Health, State of Delaware. Additional inspections of camp operations shall be performed as often as necessary for the enforcement of these Regulations.

20.2 Access. Representatives of the Regulatory Authority, after proper identification, shall be permitted to enter any recreational camp operation at any reasonable time, for the purpose of making inspections to determine compliance with these Regulations. These inspections may include any room or area associated with the camp operation. The Deputy State Health Officer may, after providing an opportunity for a hearing, suspend for a period not to exceed 30 days, the permit to operate a recreational camp operation for refusing access to representatives of the Regulatory Authority.

20.3 Inspection Report Form. The form as modified by these Regulations in Appendix C shall be used to record inspections of the recreational camp as specified in Section 48-13.204 below. The post-construction inspection report form, which appears as Appendix D in these Regulations, shall be used to record the post-construction inspections of a camp. A co-signed copy of the completed inspection report form shall be furnished to the person in charge of the recreational camp operation at the conclusion of the inspection. Inspection remarks on the completed inspection form shall refer to the item(s) violated, give the time period for correcting the violation(s), and shall state the corrections to be made. The inspection report form shall summarize the requirements of the Regulations. It shall also state that, "Failure to comply with any time limits for corrections in this notice may result in cessation of your recreational camp operation." The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it, in accordance with the Freedom of Information Act.

20.4 Report of Inspections

20.4.1 Regular Inspections. Regular inspections are performed on a routine basis in permitted facilities. These inspections shall address all items on the inspection report form. Items in violation shall be recorded by item number.

20.4.2 Follow-up Inspections. Follow-up inspections shall be performed when one or more 4 or 5-point weighted items are in violation. The follow-up inspection shall address only the 4 or 5-point weighted items or any other violations the Environmental Health Specialist deems as being merited. Follow-up inspections may also be performed after complaint and investigation inspections, or after conferences and hearings.

20.4.3 Complaint Inspections. Complaint inspections are performed in response to formal or informal complaints against permitted facilities. A complete inspection may be performed by the Regulatory Authority in the interest of the public's health.

20.4.4 Investigation Inspections. Investigation inspections are performed on permitted or non-permitted recreational camps for determining compliance with these Regulations.

20.4.5 Other Inspections. These inspections include post-construction, pre-operational, and other inspections not included above.

20.5 Epidemiology. When the Regulatory Authority has reasonable cause to suspect possible disease transmission by a recreational camp operation or employee thereof, it may conduct an epidemiological investigation. This can indicate morbidity histories, suspected employees, or make any other investigations as indicated, and shall take appropriate action deemed necessary and feasible by the Deputy State Health Officer or the State Epidemiologist to protect the health of the public and employees of the camp operation.

20.6 Repeat Violations

20.6.1 Correction of Violations

20.6.1.1 Critical Items (4 or 5-point weighted items).

20.6.1.1.1 The establishment shall initiate corrective action on all identified 4 and 5-point weighted violations as soon as possible, but in any event, within 48 hours.

20.6.1.1.2 Follow-up inspection shall be conducted at reasonable time intervals to assure correction.

20.6.1.2 Non-critical Items (2-point weighted items)

20.6.1.2.1 All 2-point weighted items shall be corrected as soon as possible, but in any event, by the time of the next regular inspection

20.6.1.2.2 In the case of temporary recreational camp, all violations shall be corrected within 24 hours. If violations are not corrected within 24 hours, the Deputy State Health Officer, or his designee, in the county in which the temporary recreational camp operates, shall suspend the operating permit. The establishment shall immediately cease recreational camp operations until authorized to resume by the Regulatory Authority.

20.6.1.2.3 If a follow-up inspection indicates non-compliance or general insanitary conditions are found to exist in a recreational camp, a conference shall be scheduled by the Regulatory Authority. However, if the Regulatory Authority determines that conditions warrant, an administrative hearing shall be scheduled.

20.7 Conference

20.7.1 The conference shall be scheduled by the Supervising Sanitarian within five working days after the inspection, or as soon as possible thereafter. Notification of a conference shall be made by hand-delivered letter or certified letter to the person in charge of the recreational camp.

20.7.2 A report documenting the results of the conference shall be submitted in writing to the owner/operator by the Supervising Environmental Health Specialist immediately following the conference.

20.8 Procedure for Administrative Action. If the Deputy State Health Officer determines that a condition(s) exists in a recreational camp operation which represents a threat to life or a serious risk of damage to health, safety and welfare of the public, or if serious violations, repeat violations, or general insanitary conditions are found to exist, administrative action is required.

20.9 Imminent Health Hazards

20.9.1 Suspension of Permit. If some condition is determined to exist in the recreational camp which presents an imminent health hazard to the public, the Deputy State Health Officer, or his designee in the county in which the recreational camp operates, may suspend the operating permit of the recreational camp without a hearing or written notice for a period not to exceed ten (10) days.

20.9.1.1 Such an imminent health hazard shall include, but is not limited to, any one of the following:

20.9.1.1.1 A lack of equipment capable of maintaining the product temperature of all potentially hazardous foods as required in Section 18.3 of these Regulations; or

20.9.1.1.2 An ongoing outbreak of an infectious, pathogenic or toxic agent capable of being transmitted; or

20.9.1.1.3 The absence of potable water, supplied under pressure, in a quantity capable of meeting the needs of the facility; or

20.9.1.1.4 A backup of sewage into the facility or into equipment containing food or utensils; or

20.9.1.1.5 An infestation of vermin to the extend that food and food-contact surfaces cannot be protected from contamination; or

20.9.1.1.6 The absence of adequate toilet facilities.

20.9.1.2 The suspension shall be effective upon receipt of written notice to the person in charge of the recreational camp. A suspension statement recorded on the inspection report by the inspecting Regulatory Representative and acknowledged by the signature of the person in charge constitutes a written notice. Service of a written notice of suspension by the Deputy State Health Officer stating the reason(s) for suspension shall be made as soon as possible, either by certified mail or hand-delivered to the person in charge of the recreational camp. The person in charge shall be requested to yield the permit to the representative of the Regulatory Authority.

20.9.2 Automatic Reinstatement of Permit. In the event of a suspension of a permit without a hearing, the permit shall be reinstated upon expiration of the suspension. In no event shall the permit be suspended for a period longer than ten (10) days without a hearing.

20.9.3 Reinstatement of Permit by Letter. If an inspection by a representative of the Division of Public Health shows the imminent health hazard(s) to no longer exist in the recreational camp, then the permit shall be reinstated by the Deputy State Health Officer or his designee in the county in which the recreational camp operates. Service of a written notice of reinstatement shall be made as soon as possible, either by certified mail or by hand-delivery to the person in charge of the recreational camp. The permit shall be returned to the person in charge.

20.9.4 Reinstatement of Permit by Hearing

20.9.4.1 The owner/operator of the recreational camp may request in writing, a hearing before the Deputy State Health Officer at any time during the period of suspension for the purpose of demonstrating that the imminent health hazard(s) no longer exist(s).

20.9.4.2 The Deputy State Health Officer must schedule a meeting within the 10-day suspension period or the suspension automatically terminates at the end of the 10-day period. The Deputy State Health Officer shall issue a written notice of the hearing to the owner/operator stating the reason for the suspension, the time, date and place of the hearing. The notice shall be hand-delivered to the person in charge at the recreational camp. The recreational camp shall remain closed pending the outcome of the hearing.

20.9.4.3 If the Deputy State Health Officer determines, after a hearing, that the condition(s) which presented an imminent health hazard no longer exist(s), the suspension of the permit of the camp shall end immediately. If, however, the Deputy State Health Officer determines that the conditions still exist, he may order that the suspension be extended indefinitely, until such time that the owner/operator of the camp demonstrates that the condition(s) that present(s) an imminent health hazard no longer exist(s).

20.9.5 Extension of Suspension of Permit by Hearing. If the Deputy State Health Officer has reason to believe that the imminent health hazard(s) will continue to exist after the period of suspension by written notice, he may schedule a hearing to determine whether further suspension is required by notifying the owner/operator in writing. The Deputy State Health Officer may decide to request the Division of Public Health to revoke the permit.

20.9.6 Documentation of Hearings. A record of all proceedings shall be made in accordance with Section 20.13 of these Regulations.

20.10 Division of Public Health Action. If the suspension is extended by the Deputy State Health Officer, the owner/operator of the recreational camp may appeal the extension of the suspension of the permit to the Division of Public Health for reconsideration. However, appeal of the decision shall not stay the suspension of the permit. In order to appeal for reconsideration by the Division of Public Health, a written notice of appeal must be received by the Division of Public Health within ten (10) days after the suspension is announced. The notice of appeal may be sent via certified mail or hand-delivered to the offices of the Division of Public Health, Dover, Delaware. If a notice of appeal is timely filed, the Division of Public Health shall inform the owner/operator of the recreational camp in writing of the time, date and place of the hearing and the reason for the hearing. Delivery of such notice may be made via certified mail or hand-delivered to the person in charge of the recreational camp.

20.11 Administrative Hearings

20.11.1 Whenever the compliance terms of a conference, held in accordance with Section 20.7 of these Regulations, have not been met or whenever conditions in a camp warrant, the Deputy State Health Officer shall schedule an administrative hearing. The purpose of the hearing shall be to consider suspension, or recommend revocation of a permit. The Deputy State Health Officer shall not suspend nor recommend revocation of a permit of a recreational camp for serious or repeated violations, which do not present an imminent health hazard, without having first held a hearing to determine whether the permit should be suspended or revoked.

20.11.2 The holder of the permit, or the person in charge of the recreational camp must be informed at least ten (10) days prior to the hearing of the date, time and place of the hearing and the specific charges against the recreational camp. The notification of the hearing shall be sent by certified mail or by hand-delivery. The Deputy State Health Officer, after providing the opportunity for a hearing, may suspend for a period not to exceed 30 days, or may recommend revocation of a permit to operate a recreational camp for serious or repeated violations of any of the requirements of these Regulations.

20.11.3 If, after holding a hearing, the Deputy State Health Officer renders a decision to suspend, or recommends revocation of the permit, the decision shall not be effective until ten (10) days after the decision is announced in writing to the defendant. A recommendation to revoke a permit must be forwarded to the Division of Public Health in writing.

20.12 Right of Appeal to the Division of Public Health. The owner/operator of the recreational camp may appeal to the Division of Public Health for reconsideration of the decision of the Deputy State Health Officer. In order to appeal for reconsideration, written notice of appeal must be received by the Division of Public Health within ten (10) days after the decision of the Deputy State Health Officer is announced. The notice of appeal may be sent via certified mail or hand-delivered to the Division of Public Health, Dover, Delaware. If a notice of appeal is timely filed, the decision of the Deputy State Health Officer in regard to suspension or revocation of the permit of a camp for critical or repeat violations, will be stayed until that decision is confirmed by the Division of Public Health. If the notice of appeal is timely filed, the Division of Public Health shall hold a hearing within 30 days of the filing of the notice of appeal with the Division.

20.13 Records of Administrative Proceedings. The hearings provided for in these Regulations shall be conducted by the regulatory authority at a time and place designated by it. Written minutes shall be made of all hearing proceedings and shall become documents of record. A written report of the hearing decision shall be furnished to the holder of the permit by the Deputy State Health Officer within 10 days following the hearing.

20.14 Refusing to Apply for a Permit. If the owner/operator of a recreational camp operation refuses to apply for a permit or the establishment does not comply with the requirements of these Regulations, then the Supervising Environmental Health Specialist shall refer the case, to the Deputy State Health Officer.

20.15 Variance

20.15.1 The Division of Public Health may, from time to time, grant written permission to individual employers or providers of recreational camp operations to vary from particular provisions set forth in this Part when the extent of the variation is clearly specified, and it is demonstrated to their satisfaction that:

20.15.1.1 Such variation is necessary to obtain a beneficial use of an existing facility;

20.15.1.2 The variation is necessary to prevent a practical difficulty or unnecessary hardship; and

20.15.1.3 Appropriate alternative measures have been taken to protect the health and safety and assure that the purposes of the provisions from which the variation is sought will be observed.

20.15.2 Written applications for such variations shall be filed with the Director, Division of Public Health. No such variation shall be effective until granted by the Division of Public Health.

20.16 Remedies

20.16.1 Penalties. Any person (or responsible officer of that person) who violates a provision of this Regulation, and any person (or responsible officer of that person) who is the holder of a permit or who otherwise operates a recreational camp operation that does not comply with the requirements of these Regulations shall be subject to the provisions of 16Del.C.§ 107.

16 Del. Admin. Code § 4467-20.0