The person-in-charge shall ensure that:
A. A food service facility may operate with its outer doors and windows open unless, while the food service facility is operating with the outer doors or outer windows open, the approving authority:
(1) Finds evidence of vermin in food preparation or food storage areas; or
(2) Finds evidence of flying insects in food preparation or food storage areas that pose a significant threat to sanitation or public health.
B. If the approving authority finds that a food service facility is operating in violation of §A of this regulation, the food service facility shall take immediate action to eliminate the vermin or flying insects.
C. If the approving authority finds that a food service facility is operating in violation of §A of this regulation, the approving authority may:
(1) Close a food service facility;
(2) Order a temporary closure of the outer windows and outer doors, until the vermin or flying insects are eliminated from the food preparation or food storage areas; or
(3) Take another action to eliminate vermin or flying insects.
D. A food service facility found to be operating in violation of §A of this regulation on three or more separate occasions shall keep the outer windows and outer doors closed at all times until:
(1) Modifications approved by the local approving authority are made to the food service facility to effectively protect against the entrance of vermin and flying insects; or
(2) Another action acceptable by the approval authority is taken.
E. The person-in-charge shall ensure that:
(1) Effective control measures are used to eliminate rodents, flies, roaches, and other vermin from the building;
(2) The premises are kept clean and free of debris that will promote the harborage of vermin;
(3) Openings into the building are effectively protected against the entrance of insects and rodents by:
(a) Doors that are:
(i) Tight; and
(b) Screening on windows, doors, skylights, transoms, and other openings, which is:
(ii) In good repair; and
(iii) Made of material that is not less than 16-mesh to the inch or equivalent;
(c) Positive air pressure or controlled air currents; and
(d) Other means acceptable to the approving authority; and
(4) Insect control devices that are used to electrocute or stun flying insects are:
(a) Designed to retain the insects within the device;
(b) Not located over areas used to prepare food; and
(c) Located so that dead insects and insect fragments are prevented from being impelled or from falling onto:
(i) Exposed food;
(ii) Clean equipment;
(iv) Linens; and
(v) Unwrapped single service and single use articles.