16 Del. Admin. Code § 4457-6.0

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

Section 4457-6.0 - Pre-operational Requirements

6.1 General

6.1.1 An ice plant must comply with these Regulations if it manufactures or processes, and offers ice for wholesale or retail sale to the public.

6.1.2 No person shall operate an ice plant, within the definition set forth in Section 5.0, who does not have a valid permit issued to him by the regulatory authority. Only a person who complies with the requirements of these Regulations shall be entitled to receive or retain such a permit. Permits shall not be transferable from person to person, nor from location to location. The valid permit shall be posted in a location easily observed by the consumers.

6.1.3 When an ice plant changes either ownership, management firm, or lessee, both the facility and its operation shall be brought into full compliance with these Regulations prior to the issuance of a permit. Variances may be issued by the Division of Public Health for reasons stated in Section 17.18.2 of these Regulations.

6.1.4 Sections 1.0 through 16.0 of these Regulations outline requirements for facilities with permanent or provisional permits. Section 17.0 provides compliance procedures applicable to all ice plants issued permits in accordance with Section 6.4.

6.2 Out of State Compliance Verification

6.2.1 In order for any out-of-state ice plant to obtain a permit to ship ice into Delaware, plans and specifications must be submitted in accordance with Section 6.3 to: Division of Public Health, Health Systems Protection, 417 Federal St, Dover, DE 19901.

6.2.2 In order for a permit to be issued to a firm located in a state where no ice regulations exist and no recognized certifying laboratory exists, approval can only be achieved by:

6.2.2.1

6.2.2.1.1 Reciprocity approval with that state's regulatory authority; or

6.2.2.1.2 An on-site approval by a designated representative of the Delaware Division of Public Health.

6.2.2.1.3 Certification by an approved nationally recognized certifying body.

6.3 Classification of Ice Plant Permits

6.3.1 Permanent Permits

6.3.1.1 A permanent permit shall be issued as delineated in Section 6.4 and 6.5.

6.3.2 Provisional Permits

6.3.2.1 When no health hazards are present, as determined by the regulatory authority, in an existing ice plant, and the new owner or operator demonstrates proof of intention to correct, within a specified time period, those items which do not meet permit requirements, a provisional permit may be issued. Plans, as required, and a written statement delineating changes to be made and completion dates must be presented to the regulatory authority before a provisional permit shall be issued for a 30-day period, with possible extension to a maximum of 60 days, and shall be non-renewable. After satisfactory compliance with permit requirements, a permanent permit shall be issued.

6.4 Issuance of Permits

6.4.1 Any person desiring to operate an ice plant shall make written application for a permit on forms provided by the regulatory authority. Such application shall include the name and address of each applicant, the location of the ice plant and the signature of each applicant.

6.4.2 Prior to approval of an application for a permit, the regulatory authority shall inspect the proposed ice plant to determine compliance with the requirements of these Regulations.

6.4.3 The regulatory authority shall issue a permit to the applicant if its inspection reveals that the proposed ice plant complies with the requirements of these Regulations.

6.4.4 A permanent permit, after issuance, remains valid for a period of 12 calendar months, or until such time as the ice plant is closed, "out of business," a new owner, management firm or lessee takes possession, or the permit is revoked by the Health Authority for violation(s) of these Regulations. The annual fee for the permanent permit shall be in accordance with Title 16 Delaware Code, Section 122.

6.5 Submission of Plans

6.5.1 Whenever an ice plant is constructed or undergoes physical alterations, and whenever an existing structure is converted to use as an ice plant, properly prepared plans and specifications for such conversion shall be submitted to the Division of Public Health, for review and approval before construction, alteration or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The Division shall approve plans and specifications if they meet the requirements of these Regulations. No ice plant shall be constructed or undergo physical alterations, nor shall a structure be converted to an ice plant except in accordance with plans and specifications approved by the Division. The fee for the review and approval of such plans and specifications shall be in accordance with Title 16 Delaware Code, Section 122.

6.6 Post-construction Inspection

6.6.1 Whenever plans and specifications are required by Section 6.5 of these Regulations, the regulatory authority shall inspect the ice plant prior to the start of ice manufacturing or processing, to determine compliance with approved plans and specifications and with the requirements of these Regulations. The post-construction inspection report shall indicate compliance with the plans and specifications as approved by the regulatory authority.

6.7 Pre-operational Inspection

6.7.1 The regulatory authority shall inspect an ice plant prior to the start of operations to determine compliance with the requirements of these Regulations, as follows:

6.7.1.1 Following completion of a satisfactory post-construction inspection, a newly converted or physically altered facility shall be in a minimum of 90% compliance with these Regulations in order to be approved for a permanent operating permit.

6.7.1.2 When there is a change of ownership, management firm, or lessee of an existing operating facility:

6.7.1.2.1 A new operating permit will be issued.

6.7.1.2.2 The facility shall be in a minimum of 90% compliance with these Regulations to be approved for a permanent operating permit.

6.7.1.2.3 The new owner, management firm, or lessee may be granted a provisional permit to operate in accordance with Section 6.3.2, pending completion of the requirements for a permanent operating permit.

6.7.1.2.4 The new owner, management firm, or lessee may be granted a variance from certain requirements in accordance with Section 17.18.2.

6.7.1.3 When reopening an ice plant which has been closed for 60 or more consecutive days. The facility shall be in a minimum of 90% compliance with these Regulations in order to be approved for a permanent operating permit, or to resume operations under a currently valid permit.

16 Del. Admin. Code § 4457-6.0

15 DE Reg. 527 (10/01/11)