Haw. Code R. § 11-50-71

Current through November, 2024
Section 11-50-71 - Design, construction, and installation
(a) Except as specified in subsection (d) and except for antislip floor coverings or applications that may be used for safety reasons, floors, floor coverings, walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are smooth and easily cleanable,
(b) Floors, walls, and ceilings, utility lines.
(1) Utility service lines and pipes may not be unnecessarily exposed;
(2) Exposed utility service lines and pipes shall be installed so they do not obstruct or prevent cleaning of the floors, walls, or ceilings;
(3) Exposed horizontal utility service lines and pipes may not be installed on the floor.
(c) Floor and wall junctures, coved, and enclosed or sealed.
(1) In food establishments in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved or closed to no larger than one thirty-second inch;
(2) The floors in food establishments in which water flush cleaning methods are used shall be provided with drains and be graded to drain, and the floor and wall junctures shall be coved and sealed.
(d) Floor carpeting, restrictions and installation.
(1) A floor covering such as carpeting or similar material may not be installed as a floor covering in food preparation areas, walk-in refrigerators, warewashing areas, toilet room areas where handwashing lavatories, toilets, and urinals are located, refuse storage rooms, or other areas where the floor is subject to moisture, flushing, or spray cleaning methods;
(2) If carpeting is installed as a floor covering in areas other than those specified in paragraph (1), it shall be:
(A) Securely attached to the floor with a durable mastic, by using a stretch and tack method, or by another method; and
(B) Installed tightly against the wall under the coving or installed away from the wall with a space between the carpet and the wall and with the edges of the carpet secured by metal stripping or some other means.
(e) Mats and duckboards shall be designed to be removable and easily cleanable.
(f) Wall and ceiling coverings and coatings.
(1) Wall and ceiling covering materials shall be attached so that they are easily cleanable;
(2) Except in areas used only for dry storage, concrete, porous blocks, or bricks used for indoor wall construction shall be finished and sealed to provide a smooth, nonabsorbent, easily cleanable surface.
(g) Walls and ceilings, attachments.
(1) Except as specified in paragraph (2), attachments to walls and ceilings such as light fixtures, mechanical room ventilation system components, vent covers, wall mounted fans, decorative items, and other attachments shall be easily cleanable;
(2) In a consumer area, wall and ceiling surfaces and decorative items and attachments that are provided for ambiance need not meet this requirement if they are kept clean.
(h) Light bulbs, protective shielding.
(1) Except as specified in paragraph (2), light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is exposed food; clean equipment, utensils, and linens; or unwrapped single-service and single-use articles;
(2) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only for storing food in unopened packages, if:
(A) The integrity of the packages cannot be affected by broken glass falling onto them; and
(B) The packages are capable of being cleaned of debris from broken bulbs before the packages are opened;
(3) 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 of the bulb is exposed.
(i) Heating, ventilating, and air conditioning systems shall be designed and installed so that make-up air intake and exhaust vents do not cause contamination of food, food-contact surfaces, equipment, or utensils.
(j) Insect control devices, design and installation.
(1) Insect control devices that are used to electrocute or stun flying insects shall be designed to retain the insect within the device;
(2) Insect control devices shall be installed so that:
(A) The devices are not located over a food preparation area; and
(B) Dead insects and insect fragments are prevented from being impelled onto or falling on exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.
(k) Except where a toilet room is located outside a food establishment and does not open directly into the food establishment such as a toilet room that is provided by the management of a shopping mall, a toilet room located on the premises shall be completely enclosed and provided with a tight-fitting and self-closing door.
(l) Outer openings, protected.
(1) Except as specified in paragraphs (2) to (5), outer openings of a food establishment shall be protected against the entry of insects and rodents by:
(A) Filling or closing holes and other gaps along floors, walls, and ceilings;
(B) Closed, tight-fitting windows; and
(C) Solid, self-closing, tight-fitting doors;
(2) Paragraph (1) does not apply if a food establishment opens into a larger structure, such as a mail, airport, or office building, or into an attached structure, such as a porch, and the outer openings from the larger or attached structure are protected against the entry of insects and rodents;
(3) Exterior doors used as exits need not be self-closing if they are:
(A) Solid and tight-fitting;
(B) Designated for use only when an emergency exists, by the fire protection authority that has jurisdiction over the food establishment; and
(C) Limited-use so they are not used for entrance or exit from the building for purposes other than the designated emergency exit use;
(4) Except as specified in paragraphs (2) and (5), if the windows or doors of a food establishment, or of a larger structure within which a food establishment is located, are kept open for ventilation or other purposes, the openings shall be protected against the entry of insects, rodents and other pests by:
(A) Sixteen mesh to one inch screens;
(B) Properly designed and installed air curtains to control flying insects; or
(C) Other effective means;
(5) Paragraph (4) does not apply if flying insects and other pests are absent due to the location of the establishment, the weather, or other limiting condition;
(6) The requirements of this section may be waived or modified when alternative controls acceptable to the director are utilized to ensure that all food and food-contact surfaces of equipment and utensils are effectively protected against contamination, and no other public health hazards will result from the conduct of the operation.
(m) Perimeter walls and roofs of a food establishment shall effectively protect the establishment from the weather and the entry of insects, rodents, and other animals.
(n) Except for machines that vend canned beverages, if located outside, a machine used to vend food shall be provided with overhead protection.
(o) Except for areas used only for the loading of water or the discharge of sewage and other liquid waste, through the use of a closed system of hoses, servicing areas shall be provided with overhead protection.
(p) Exterior walking and driving surfaces shall be graded to drain.
(q) Outdoor refuse areas shall be constructed in accordance with law and shall be curbed and graded to drain to collect and dispose of liquid waste that result from the refuse and from cleaning the area and waste receptacles.
(r) Establishment operations shall be separated from any living or sleeping quarters by complete partitioning and shall have no direct opening into any living or sleeping quarters, except through a solid, tight-fitting and self-closing door. Entrance into the establishment shall not be through any living or sleeping quarters.

Haw. Code R. § 11-50-71

[Eff FEB 24 2014] (Auth: HRS § 321-11) (Imp: HRS § 321-11)
Am and Comp 9/1/2017