Current through all regulations passed and filed through September 16, 2024
(A) A cost analysis
will be
conducted each fiscal year. The licensor
will use data
from the previous fiscal year to calculate the actual cost of administering and
enforcing Chapter 3717. of the Revised Code and the rules adopted thereunder
for food service operations and retail food establishments licensed by the
licensor. The licensor
will calculate the actual cost of administration
and enforcement attributable to each of the following components on forms
prescribed or approved by the director of agriculture and the director of
health:
(1) Risk level I, risk level II, risk
level III, and risk level IV food service operations and retail food
establishments;
(2) Mobile food
service operations and mobile retail food establishments;
(3) Temporary food service operations and
temporary retail food establishments; and
(4) Vending machine locations.
(B) Except as specified in
paragraph (D) of this rule, the licensor
will calculate
the cost attributable to each component listed in paragraph (A) of this rule
for administering and enforcing Chapter 3717. of the Revised Code and the rules
adopted thereunder for operations licensed by the licensor. Cost
is not
to exceed all reasonable and necessary direct
and indirect
costs
. For the purpose of this rule, indirect
cost means support cost which includes support staff cost plus overhead costs.
The licensor
will use a form prescribed or approved by the director
of agriculture and the director of health that includes the following data:
(1) A list of all inspecting
environmental health specialists who worked in the
component;
(2) The total hours
worked in the component by each inspecting environmental
health specialist;
(3) The
total hours that each inspecting environmental
health specialist worked in the last fiscal
year;
(4) The total annual wages or
salary paid to each inspecting environmental
health specialist;
(5) The
total amount for fringe benefits paid on behalf of each inspecting
environmental health specialist;
(6) The total travel costs for each
inspecting environmental health specialist;
(7) The support costs for the component as
determined by one of the following methods:
(a) Use of actual support cost not to exceed
thirty per cent of the total program cost for items such as salary and fringe benefits of the health
commissioner, the director of environmental health, supervisory staff, clerical
staff, utilities, rent, supplies, equipment, liability insurance, and training;
or
(b) Use of an indirect cost rate of thirty
per cent of the wages or salaries and fringe benefits of inspecting
environmental health specialists attributable to the
component.
(8) The sampling and laboratory
costs for the component other than those costs specified in paragraph (C)(2) of
rule 3701-21-02.1 of the
Administrative Code; and
(9) Funding for the component which includes
revenues obtained from license fees and penalty fees.
(C) The licensor
will calculate
the license fee for each food service operation category listed in rule
3701-21-02.1 of the
Administrative Code as follows:
(1) The
vending machine location category cost divided by the number of vending machine
location licenses issued.
(2) The
mobile food service operation and the mobile retail food establishment category
cost divided by the number of mobile food service operation and the mobile
retail food establishment licenses issued.
(3) For a temporary food service operation:
(a) Using fees established on a per event
basis, the temporary food service operation and temporary retail food
establishment category cost divided by the number of temporary food service
operation and temporary retail food establishment licenses issued. If a
licensor elects to establish a noncommercial fee for temporary food service
operations and temporary retail food establishments, the category cost is
divided by the number of licenses issued for commercial temporary food service
operations and commercial temporary retail food establishments plus fifty per
cent of the number of licenses issued for noncommercial temporary food service
operations and noncommercial temporary retail food establishments; or
(b) Using fees established on a per day
basis, the temporary food service operation and temporary retail food
establishment category cost divided by the total number of days for which
temporary licenses were issued. If a licensor elects to establish a
noncommercial fee for temporary food service operations and temporary retail
food establishments, the category cost is divided by the number of days for
which commercial licenses were issued plus fifty per cent of the number of days
for which temporary licenses were issued for noncommercial temporary food
service operations and noncommercial temporary retail food
establishments.
(4) For
food service operations classified as risk level I, risk level II, risk level
III, and risk level IV food service operations:
(a) Determine support costs in accordance
with paragraph (B)(7) of this rule. Equally allocate support costs attributable
to the risk level food service operations and retail food establishments
component by dividing the support costs of the risk level food service
operations and retail food establishments component by the total number of risk
level I, risk level II, risk level III, and risk level IV commercial food
service operations and retail food establishments plus fifty per cent of
noncommercial operations classified by risk;
(b) Determine the total number of food
service operations and retail food establishments in each risk level category.
If the licensor elects to establish noncommercial categories for risk level
food service operations and risk level retail food establishments the total
number of food service operations and retail food establishments in each risk
level category is the number of commercial risk level food service operations
and commercial risk level retail food establishments plus fifty per cent of the
number of noncommercial risk level food service operations and noncommercial
risk level retail food establishments.
(c) Determine the number of standard
inspection periods for each risk level category using the inspection time
factor. The inspection time factor is the ratio of the average amount of time
per inspection for all risk levels relative to the average time per inspection
for the risk level I less than twenty-five thousand square feet operations. The
inspection time factor for:
(i) Risk level I
less than twenty-five thousand square feet is 1.00 and twenty-five thousand
square feet or above is 1.88;
(ii)
Risk level II less than twenty-five thousand square feet is 1.25 and
twenty-five thousand square feet or above is 2.03;
(iii) Risk level III less than twenty-five
thousand square feet is
1.64 and twenty-five thousand
square feet or above is 4.84; and
(iv) Risk level IV less than twenty-five
thousand square feet is 2.21, and twenty-five thousand square feet or above is
5.16.
The number of standard inspection periods is the minimum number
of inspections
mandated for each risk level category multiplied
by the inspection time factor, the product of which is multiplied by the total
number of food service operations and retail food establishments in each risk
level category.
(d) Determine the total number of standard
inspection periods by summing the standard inspection periods for all risk
level categories.
(e) Determine the
non-support cost per standard inspection period: subtract the support cost from
the total actual cost of the component and divide this amount by the total
number of standard inspection periods.
(f) Determine the non-support cost for each
risk level category by using the following formula:
A x B x C = The non support cost for each risk level, where A
is equal to the non support cost per standard inspection period, B is equal to
the minimum number of inspections for the risk level category, and C is equal
to the inspection time factor for the risk level category.
(g) Determine the maximum license fee that
may be established: Add the non support cost for each risk level category to
the support cost per license issued.
(D)
The total environmental health specialist hours that may be
accounted for in calculating the cost attributable to the food service
operations and retail food establishments identified in paragraph (A)(1) of
this rule
is not to exceed an
average of nine hours per risk classified food service operation and retail
food establishment.
(E) Anticipated
increases in costs that may be attributable to a component are limited to known
increases for which official notification or board action has been
documented.
(F) The licensor
will
provide for a proportionate reduction in the fees to be charged in
the next license period if a licensor included anticipated costs in the
calculation of licensing fees and the total amount of anticipated costs was not
incurred.
(G) The licensor
will
provide for a proportionate reduction in fees to be charged in the next license
period if it is discovered through an audit by the auditor of state or any
other means that the licensor has charged or is charging a license fee that
exceeds the amount that should have been charged.
(H) The licensor
will
reduce the fees to be charged in the next license period when a reduction is
imposed as a penalty under division (C) of section
3717.071 of the Revised
Code.
