Section 25-A2912. FUNCTIONALITY - OUTER OPENINGS, PROTECTED

 

2912.1Except as otherwise specified in §§ 2912.2 through 2912.5, the 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. 

 

2912.2Subsection 2912.1 shall not apply if a food establishment opens into a larger structure, such as a mall, 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. 

 

2912.3Exterior doors used as exits need not be self-closing if they are:

 

(a)Solid and tight-fitting;

 

(b)Designated only for emergency use by the Fire Department; and

 

(c)Restricted so they are not used for entrance or exit from the building for  purposes other than the designated emergency exit use.

 

2912.4Except as specified § 2912.2 and § 2912.5, 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 or if a temporary food establishment is not provided with windows and doors as specified in § 2912.1, the openings shall be protected against the entry of insects and rodents by: 

 

(a)Sixteen (16) mesh to twenty-five and four tenths millimeters (25.4 mm) or  sixteen (16) mesh to one inch (1 in.) screens;

 

(b)Properly designed and installed air curtains to control flying insects; or

 

(c)Other effective means that prohibit the entry of insects and rodents to a  similar degree.

 

2912.5Subsection 2912.4 does not apply if flying insects and other pests are absent due to the location of the establishment, the weather, or other limiting conditions.

 

authority

Sections 4 and 10 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246: D.C. Official Code §§ 48-104 and 48-110 (2009 Repl.)); Section 7 of An Act Making Appropriations to provide for the expenses for the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (32 Stat.627: D.C. Official Code § 47-2834(a)(1), (a)(2), and (b) (2005 Repl.)); and Mayor’s Order 98-139, dated August 20, 1998, and Mayor’s Order 2002-103, dated June 18, 2002.

source

Final Rulemaking published at 50 DCR 4394 (June 6, 2003), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 6184, 6314-15 (July 5, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).