Subchapter E. WATER, PLUMBING AND WASTE WATER

§ 46.801. Sources of drinking water.

 Drinking water shall be obtained from an approved source that is either of the following:

   (1)  A public water system.

   (2)  A nonpublic water system that is constructed, maintained and operated in accordance with 25 Pa. Code Chapter 109 (relating to safe drinking water). For the purpose of approval of a nonpublic water system that serves a food facility, a nonpublic water system shall be required to conform to the construction, maintenance and operation requirements established for a transient noncommunity water system as defined in 25 Pa. Code Chapter 109.

 A drinking water system shall be flushed and disinfected before being placed in service after construction, repair or modification and after an emergency situation, such as a flood, that may introduce contaminants to the system. A food facility shall obtain verification that the water meets the quality standards for public drinking water established in 25 Pa. Code Chapter 109 (relating to safe drinking water) before placing a drinking water system in service, and shall retain that verification and provide it to the Department upon request.

 Bottled drinking water used or sold in a food facility shall be obtained from approved sources in accordance with 25 Pa. Code Chapter 109 (relating to safe drinking water).

 (a)  Standards for drinking water. Except as specified in subsection (b), water obtained from either a public water system or a nonpublic water system for use in a food facility shall meet the quality standards for public drinking water established in 25 Pa. Code Chapter 109 (relating to safe drinking water).

 (b)  Nondrinking water.

   (1)  A nondrinking water supply shall be used only if approved by the Department.

   (2)  Nondrinking water shall be used only for nonculinary purposes such as air conditioning, nonfood equipment cooling, fire protection and irrigation.

 (c)  Sampling of water from nonpublic water systems. Except when used as nondrinking water as specified in subsection (b), water from a nonpublic water system shall be sampled and tested for contamination at the same frequency and for the same contaminants as established in 25 Pa. Code Chapter 109 for a transient noncommunity public water system that serves 25 people daily. All analytical work must be performed in accordance with 25 Pa. Code Chapter 109.

 (d)  Sample report for nonpublic water system to be retained at food facility. If a food facility receives all of its drinking water from a nonpublic water system, the results from all required self-monitoring samples collected during the previous 12 months or, if less frequent than annual monitoring is approved by the Department for the facility, the most recent sample report for the nonpublic water system shall be retained on file in the food facility. Food facilities that use a Department of Environmental Protection approved self-contained public water system shall maintain test result records in accordance with 25 Pa. Code Chapter 109.

 (a)  Capacity.

   (1)  The water source and system shall be of sufficient capacity to meet the peak water demands of the food facility.

   (2)  Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the food facility.

 (b)  Pressure. Water under pressure shall be provided to all fixtures, equipment and nonfood equipment that are required to use water. However, water supplied as specified in §  46.806(b)(1) and (2) (relating to distribution, delivery and retention of water) to a temporary food facility or in response to a temporary interruption of a water supply need not be under pressure.

 (a)  Delivery system. Water shall be received from the source through the use of one or more of the following:

   (1)  A properly constructed and maintained service connection or lateral from a public water system that is approved by the Department of Environmental Protection in accordance with 25 Pa. Code Chapter 109 (relating to safe drinking water).

   (2)  One or more of the following that shall be constructed, maintained and operated in accordance with 25 Pa. Code Chapter 109:

     (i)   Nonpublic water main, water pumps, pipes, hoses, connections and other appurtenances.

     (ii)   Water transport vehicles.

     (iii)   Water containers.

 (b)  Alternative water supply. Water meeting the applicable requirements in § §  46.801—46.805 and subsection (a) shall be made available for a mobile food facility, for a temporary food facility without a permanent water supply and for a food facility with a temporary interruption of its water supply through one or more of the following sources:

   (1)  A supply of containers of commercially bottled drinking water.

   (2)  One or more closed portable water containers.

   (3)  An enclosed vehicular water tank.

   (4)  An on-premises water storage tank.

   (5)  Piping, tubing or hoses connected to an adjacent approved source.

   This section cited in 7 Pa. Code §  46.805 (relating to quantity and availability of water: capacity and pressure).

PLUMBING SYSTEM

§ 46.821. Approved materials to be used in plumbing systems.

 (a)  Approved materials required. A plumbing system and hoses conveying water shall be constructed and repaired with approved materials according to Chapter 3 of the Pennsylvania Construction Code Act (35 P. S. § §  7210.301—7210.304).

 (a)  Approved system and cleanable fixtures.

   (1)  A plumbing system shall be designed, constructed and installed according to Chapter 3 of the Pennsylvania Construction Code Act (35 P. S. § §  7210.301—7210.304).

   (2)  A plumbing fixture such as a handwashing facility, toilet or urinal shall be easily cleanable.

 (b)  Handwashing facility: installation.

   (1)  A handwashing sink shall be equipped to provide water at a temperature of at least 38°C (100°F) through a mixing valve or combination faucet.

   (2)  A steam mixing valve may not be used at a handwashing sink.

   (3)  A self-closing, slow-closing or metering faucet shall provide a flow of water for at least 15 seconds without the need to reactivate the faucet.

   (4)  An automatic handwashing facility shall be installed in accordance with manufacturer’s instructions.

 (c)  Air gap requirement for backflow prevention. An air gap between the water supply inlet and the flood level rim of the plumbing fixture, equipment or nonfood equipment shall be at least twice the diameter of the water supply inlet and may not be less than 25 mm (1 inch).

 (d)  Design standard for backflow prevention device. A backflow or backsiphonage prevention device installed on a water supply system shall meet American Society of Sanitary Engineering standards for construction, installation, maintenance, inspection and testing for that specific application and type of device.

 (e)  Design of conditioning device. A water filter, screen and other water conditioning device installed on water lines shall be designed to facilitate disassembly for periodic servicing and cleaning. A water filter element shall be of the replaceable type.

 (a)  Handwashing facilities for employees and consumers.

   (1)  Except as specified in paragraphs (2) and (3), at least one handwashing sink—and a number of handwashing sinks necessary for their convenient use by employees in areas specified in §  46.824(a) (relating to location and placement of plumbing facilities)—shall be provided.

   (2)  If approved by the Department and capable of removing the types of soils encountered in the food operations involved, automatic handwashing facilities may be substituted for handwashing sinks in a food facility that has at least one handwashing sink.

   (3)  If approved by the Department, when food exposure is limited to prepackaged foods and handwashing sinks are not conveniently available, such as in some temporary food facilities or at some vending machine locations, employees may use chemically treated towelettes for handwashing.

   (4)  At least one handwashing sink and a number of handwashing sinks necessary for the convenient use by consumers shall be provided in food facilities which allow consumption of food on the food facility premises. Handwash sinks for consumers shall be located in easily accessible areas and as required in §  46.824(a)(2), but may not require access through food preparation, food dispensing, food, equipment and utensil storage areas, or warewashing areas.

 (b)  Toilets and urinals. At least one toilet and not fewer than the toilets (and urinals, if used) required by the Department of Labor and Industry shall be provided.

 (c)  Utility sink. At least one utility sink or one curbed cleaning facility equipped with a floor drain shall be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid waste.

 (d)  Backflow prevention device: when required. A plumbing system shall be installed to preclude backflow of a solid, liquid or gas contaminant into the water supply system at each point of use at the food facility, including on a hose bib if a hose is attached, or on a hose bib if a hose is not attached but can be attached, by an approved backflow prevention device as specified in §  46.822(d) (relating to design, construction and installation of plumbing systems).

 (e)  Backflow prevention device on carbonators. If not provided with an air gap as specified in §  46.822(c), a double check valve with an intermediate vent preceded by a screen of not less than 100 mesh to 25.4mm (100 mesh to 1 inch) shall be installed upstream from a carbonating device and downstream from any copper in the water supply line. A single or double check valve attached to the carbonator need not be of the vented type if an air gap or vented backflow prevention device has been otherwise provided.

 (a)  Handwashing facilities. A handwashing facility shall be located as follows:

   (1)  In food preparation, food dispensing and warewashing areas to allow convenient use by employees.

   (2)  In, or immediately adjacent to, toilet rooms.

 (b)  Location of backflow prevention device. A backflow prevention device shall be located so that it can be serviced and maintained.

 (c)  Location of conditioning device. A water filter, screen and other water-conditioning device installed on water lines shall be located to facilitate disassembly for periodic servicing and cleaning.

 (a)  Using a handwashing facility.

   (1)  A handwashing facility shall be maintained so that it is accessible at all times for employee use.

   (2)  A handwashing facility may not be used for purposes other than handwashing.

   (3)  An automatic handwashing facility shall be used in accordance with manufacturer’s instructions.

 (b)  Cross connection prohibited.

   (1)  Except for firefighting, a person may not create a cross connection by connecting a pipe or conduit between the drinking water system and a nondrinking water system or a water system of unknown quality.

   (2)  The piping of a nondrinking water system shall be durably identified so that it is readily distinguishable from piping that carries drinking water.

 (c)  Scheduling inspection and service for a water system device. A device such as a water treatment device or backflow preventer shall be scheduled for inspection and service, in accordance with manufacturer’s instructions and as necessary to prevent device failure based on local water conditions, and records demonstrating inspection and service shall be maintained by the person in charge.

 (d)  Cleaning the water reservoir of water devices such as fogging devices.

   (1)  A reservoir that is used to supply water to a device such as a produce fogger shall be both of the following:

     (i)   Maintained in accordance with manufacturer’s specifications.

     (ii)   Cleaned in accordance with manufacturer’s specifications or according to the procedures specified in paragraph (2), whichever is more stringent.

   (2)  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.

     (ii)   Brush-cleaning the reservoir, aerosol tubing and discharge nozzles with a suitable detergent solution.

     (iii)   Flushing the complete system with water to remove the detergent solution and particulate accumulation.

     (iv)   Rinsing by immersing, spraying or swabbing the reservoir, aerosol tubing and discharge nozzles with at least 50 mg/L (ppm) hypochlorite solution.

 (e)  System maintained in good repair. A plumbing system shall be repaired according to Chapter 3 of the Pennsylvania Construction Code Act (35 P. S. § §  7210.301—7210.304), and shall be maintained in good repair.

   This section cited in 7 Pa. Code §  46.981 (relating to premises, structures, attachments and fixtures: methods).

WATER TANK AND MOBILE FOOD FACILITY WATER TANK

§ 46.841. Materials used in construction of water tanks and mobile food facility water tanks.

 Materials that are used in the construction of a water tank, mobile food facility water tank and appurtenances shall be all of the following:

   (1)  Safe materials.

   (2)  Durable, corrosion-resistant and nonabsorbent.

 (a)  Requirement: enclosed system sloped to drain. A water tank shall be the following:

   (1)  Enclosed from the filling inlet to the discharge outlet.

   (2)  Sloped to an outlet that allows complete drainage of the tank.

 (b)  Requirement: inspection and cleaning port protected and secured. If a water tank is designed with an access port for inspection and cleaning, the opening shall be in the top of the tank and both of the following:

   (1)  Flanged upward at least 13 mm (1/2 inch).

   (2)  Equipped with a port cover assembly that is both of the following:

     (i)   Provided with a gasket and a device for securing the cover in place.

     (ii)   Flanged to overlap the opening and sloped to drain.

 (c)  “V” type threads: use limitation. A fitting with “V” type threads on a water tank inlet or outlet shall be allowed only when a hose is permanently attached.

 (d)  Requirement: tank vent protected. If provided, a water tank vent shall terminate in a downward direction and shall be covered with the following, as applicable:

   (1)  16 mesh to 25.4 mm (16 mesh to 1 inch) screen or equivalent when the vent is in a protected area.

   (2)  A protective filter when the vent is in an area that is not protected from windblown dirt and debris.

 (e)  Requirement: inlet and outlet sloped to drain. A water tank and its inlet and outlet shall be sloped to drain, and a water tank inlet shall be positioned so that it is protected from contaminants such as waste discharge, road dust, oil or grease.

 (f)  Hose: construction and identification. A hose used for conveying drinking water from a water tank shall be all of the following:

   (1)  Constructed of safe materials.

   (2)  Durable, corrosion-resistant and nonabsorbent.

   (3)  Resistant to pitting, chipping, crazing, scratching, scoring, distortion and decomposition.

   (4)  Finished with a smooth interior surface.

 (a)  Filter requirement where compressed air pressurizes the water tank system. A filter that does not pass oil or oil vapors shall be installed in the air supply line between the compressor and drinking water system when compressed air is used to pressurize the water tank system.

 (b)  Protective cover or device. A cap and keeper chain, closed cabinet, closed storage tube or other approved protective cover or device shall be provided for a water inlet, outlet and hose.

 (c)  Mobile food facility tank inlet. A mobile food facility’s water tank inlet shall be both of the following:

   (1)  19.1 mm (3/4 inch) in inner diameter or less.

   (2)  Provided with a hose connection of a size or type that will prevent its use for any other service.

 (a)  System flushing and disinfection. A water tank, pump and hoses shall be flushed and sanitized before being placed in service after construction, repair, modification and periods of nonuse.

 (b)  Preventing backflow while using a pump and hoses. A person shall operate a water tank, pump and hoses so as to prevent backflow and other contamination of the water supply.

 (c)  Protecting inlet, outlet and hose fitting. If not in use, a water tank and hose inlet and outlet fitting shall be protected using a cover or device as specified in §  46.843(b) (relating to numbers and capacities of water tanks and mobile food facility water tanks).

 (d)  Tank, pump and hoses, dedication. A water tank, pump and hoses used for conveying drinking water shall be used for no other purpose, except that water tanks, pumps and hoses approved for liquid foods may be used for conveying drinking water if they are cleaned and sanitized before they are used to convey water.

SEWAGE, OTHER LIQUID WASTE AND RAINWATER

§ 46.861. Capacity and drainage of a sewage holding tank in a mobile food facility.

 A sewage holding tank in a mobile food facility shall be both of the following:

   (1)  Sized 15% larger in capacity than the water supply tank.

 (a)  Facility drainage system. Food facility drainage systems, including grease traps, that convey sewage shall be designed and installed as specified in §  46.822(a) (relating to design, construction and installation of plumbing systems).

 (b)  Backflow prevention.

   (1)  Except as specified in paragraphs (2) and (3), a direct connection may not exist between the sewage system and a drain originating from equipment in which food, portable equipment or utensils are placed.

   (2)  If allowed under Chapter 3 of the Pennsylvania Construction Code Act (35 P. S. § §  7210.301—7210.304), a warewashing machine may have a direct connection between its waste outlet and a floor drain when the machine is located within 1.5 m (5 feet) of a trapped floor drain and the machine outlet is connected to the inlet side of a properly vented floor drain trap.

   (3)  If allowed under Chapter 3 of the Pennsylvania Construction Code Act, a warewashing or culinary sink may have a direct connection.

 (c)  Grease trap. If used, a grease trap shall be located to be easily accessible for cleaning.

 (d)  Conveying sewage. Sewage shall be conveyed to the point of disposal through an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses and connections that are constructed, maintained and operated according to Chapter 3 of the Pennsylvania Construction Code Act and section 7 of the Pennsylvania Sewage Facilities Act (35 P. S. §  750.7).

 (e)  Removing mobile food facility wastes. Sewage and other liquid wastes shall be removed from a mobile food facility at an approved waste servicing area or by a sewage transport vehicle in a way so that a public health hazard or nuisance is not created.

 (f)  Flushing a waste retention tank. A tank for liquid waste retention shall be thoroughly flushed and drained in a sanitary manner during the servicing operation.

 (a)  Disposal of sewage. Sewage shall be disposed through an approved facility that is either of the following:

   (1)  A public sewage treatment plant.

   (2)  An individual sewage disposal system that is sized, constructed, maintained, and operated according to section 7 of the Pennsylvania Sewage Facilities Act (35 P. S. §  750.7)

 (b)  Other liquid wastes and rainwater. Condensate drainage and other nonsewage liquids and rainwater shall be drained from point of discharge to disposal according to Chapter 3 of the Pennsylvania Construction Code Act (35 P. S. § §  7210.301—7210.304).

REFUSE, RECYCLABLES AND RETURNABLES

§ 46.881. Storage areas and receptacles for refuse, recyclables and returnables: materials, design, construction and installation.

 (a)  Indoor storage area. If located within the food facility, a storage area for refuse, recyclables and returnables shall meet the requirements specified in § §  46.901, 46.921 and 46.922(e) and (f) (relating to indoor areas of food facilities: surface characteristics; cleanability of floors, walls and ceilings; and functionality of various physical facilities of a food facility).

 (b)  Outdoor storage surface. An outdoor storage surface for refuse, recyclables and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be smooth, durable and sloped to drain.

 (c)  Outdoor enclosure. If used, an outdoor enclosure for refuse, recyclables and returnables shall be constructed of durable and cleanable materials.

 (d)  Receptacles. Receptacles and waste handling units for refuse, recyclables and returnables and for use with materials containing food residue shall be durable, cleanable, insect- and rodent-resistant, leakproof and nonabsorbent. Plastic bags and wet strength paper bags may be used to line receptacles for storage inside the food facility, or within closed outside receptacles.

 (e)  Receptacles in vending machines. A refuse receptacle may not be located within a vending machine, except that a receptacle for beverage bottle crown closures may be located within a vending machine.

 (f)  Outside receptacles.

   (1)  Receptacles and waste handling units for refuse, recyclables and returnables used with materials containing food residue and used outside the food facility shall be designed and constructed to have tight-fitting lids, doors or covers.

   (2)  Receptacles and waste handling units for refuse and recyclables such as an onsite compactor shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit.

 (a)  Storage areas, rooms and receptacles: capacity and availability.

   (1)  An inside storage room and area and outside storage area and enclosure, and receptacles shall be of sufficient capacity to hold refuse, recyclables and returnables that accumulate.

   (2)  A receptacle shall be provided in each area of the food facility or premises where refuse is generated or commonly discarded, or where recyclables or returnables are placed.

   (3)  If disposable towels are used at handwashing sinks, a waste receptacle shall be located at each sink or group of adjacent sinks.

 (b)  Toilet room receptacle for sanitary napkins. A toilet room used by females shall be provided with a covered receptacle for sanitary napkins.

 (c)  Cleaning implements and supplies. Suitable cleaning implements and supplies (such as high-pressure pumps, hot water, steam and detergent) shall be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables and returnables, except that approved off-premises-based cleaning services may be used if on-premises cleaning implements and supplies are not provided.

 (a)  General requirement. An area designated for refuse, recyclables, returnables and—except as specified in subsection (b)—a redeeming machine for recyclables or returnables shall be located so that it is separate from food, equipment, utensils, linens and single-service and single-use articles and a public health hazard or nuisance is not created.

 (b)  Exception for redeeming machine. A redeeming machine may be located in the packaged food storage area or consumer area of a food facility if food, equipment, utensils, linens and single-service and single-use articles are not subject to contamination from the machines and a public health hazard or nuisance is not created.

 (c)  Receptacles. The location of receptacles and waste handling units for refuse, recyclables and returnables may not create a public health hazard or nuisance or interfere with the cleaning of adjacent space.

 (a)  Storing refuse, recyclables and returnables. Refuse, recyclables and returnables shall be stored in receptacles or waste handling units so that they are inaccessible to insects and rodents.

 (b)  Keeping areas, enclosures and receptacles in good repair. Storage areas, enclosures and receptacles for refuse, recyclables and returnables shall be maintained in good repair.

 (c)  Outside storage prohibitions.

   (1)  Except as specified in paragraph (2), refuse receptacles not meeting the requirements specified in §  46.881(d) (relating to storage areas and receptacles for refuse, recyclables and returnables: materials, design, construction and installation), (such as receptacles that are not rodent-resistant, unprotected plastic bags and paper bags, or baled units that contain materials with food residue), may not be stored outside.

   (2)  Cardboard or other packaging material that does not contain food residues and that is awaiting regularly scheduled delivery to a recycling or disposal site may be stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.

 (d)  Covering receptacles. Receptacles and waste handling units for refuse, recyclables and returnables shall be kept covered as follows:

   (1)  Inside the food facility if the receptacles and units are filled or contain food residue and are not in continuous use.

   (2)  With tight-fitting lids or doors if kept outside the food facility.

 (e)  Using drain plugs. Drains in receptacles and waste handling units for refuse, recyclables and returnables shall have drain plugs in place.

 (f)  Maintaining refuse areas and enclosures. A storage area and enclosure for refuse, recyclables or returnables shall be maintained free of unnecessary items, as specified in §  46.981(n) (relating to premises, structures, attachments and fixtures: methods), and clean.

 (g)  Cleaning receptacles.

   (1)  Receptacles and waste handling units for refuse, recyclables and returnables shall be thoroughly cleaned in a way that does not contaminate food, equipment, utensils, linens or single-service and single-use articles, and waste water shall be disposed of as specified in §  46.862(e) (relating to retention, drainage and delivery of sewage, other liquid waste and rainwater).

 (a)  Frequency. Refuse, recyclables and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.

 (b)  Receptacles or vehicles. Refuse, recyclables and returnables shall be removed from the premises by way of either of the following:

   (1)  Portable receptacles adequately constructed and maintained to contain the refuse, recyclables or returnables placed therein.

 Solid waste not disposed of through the sewage system such as through grinders and pulpers shall be recycled or disposed of in an approved public or private community recycling or refuse facility or solid waste shall be disposed of in an individual refuse facility such as a lawfully-operated landfill or incinerator.