HB 5451

substitute for
House BILL NO. 5451
A bill to amend 2000 PA 92, entitled
"Food law,"
by amending section 6135 (MCL 289.6135), as amended by
2012 PA 178, and by adding section 6115a.
the peoplE of the state of michigan enact:
Sec. 6115a. (1)
In addition to any other licensing requirement under this act, a mobile food
establishment is subject to both of the following, as applicable:
(a) An annual inspection by a fire inspector.
(b) An inspection by a fire inspector after the mobile food
establishment undergoes any of the following:
(i) Significant
modifications to the mobile food establishment's fire protection system,
ventilation system, or cooking equipment in the commercial kitchen.
(ii) Changes that
impact the safety features of the mobile food establishment that are subject to
fire safety regulations.
(iii) Any
construction, alteration, modification, remodeling, or addition related to the
fuel piping, electrical system, kitchen appliances, or fire suppression system.
(iv) Repairs to the
fuel piping or kitchen appliances that require a leak test.
(2) Not later than 30 days after submitting an application for a license
under section 4103 or not later than 30 days after modifications or changes
described under subsection (1)(b) are completed, a mobile food establishment
shall notify a fire inspector within the jurisdiction of the mobile food
establishment's commissary, or if a mobile food establishment is a special
transitory food unit, the mobile food establishment shall notify a fire
inspector within the jurisdiction of the local health department or a fire
inspector who conducts the evaluations required under section 6137(2)(d) or, if
there is no local health department, a county health department.
(3) A fire inspector shall conduct an inspection not later than 30 days
after being notified under subsection (2) to determine whether the mobile food
establishment is in compliance with the applicable standards of a qualified
version of the International Fire Code and the National Fire Code. The
department shall develop and make available a fire inspection report form that
a fire inspector shall use to conduct an inspection under this subsection. The
fire inspection report form must meet all of the following requirements:
(a) Subject to subdivisions (b), (c), and (d), be substantially similar
to the form developed by the Michigan Fire Inspectors Society entitled
"Mobile Food Service Unit Inspection Consortium Safety Inspection
Form".
(b) Provide that flammable gas leak detection equipment must be tested
at least once every 12 months.
(c) If the mobile food establishment utilizes a flammable gas system,
provide that the piping and appliances of the flammable gas system must be
tested at least once per month.
(d) Provide that all electrical appliances, fixtures, equipment, and
wiring are in compliance with NFPA 70 of the National Electrical Code.
(4) A fire inspector shall provide a copy of the fire inspection report form
described under subsection (3) to a mobile food establishment and the local
health department or department, as applicable, not later than 10 days after an
inspection is completed under this section.
A mobile food establishment shall maintain a copy of the fire inspection
report form described under subsection (3) for 1 year and make the fire
inspection report form available to the local health department or the
department on request. A fire inspection report form described under subsection
(3) is valid for 1 year, and a mobile food establishment is not required to
undergo more than 1 fire inspection per year as described under this section,
except as otherwise required by law.
(5) A fire inspector may charge a fee of not more than $200.00 for a
fire inspection completed under this section.
(6) In addition to the required inspection under subsection (1)(a), a
fire inspector may conduct an additional inspection for any of the following
reasons:
(a) If the mobile food establishment does not meet 1 or more of the
applicable standards described under subsection (3).
(b) To ensure ongoing compliance.
(c) To address observed or reported safety concerns at a mobile food
establishment before the mobile food establishment serves food.
(7) A fire inspector shall not charge a fee for an additional inspection
conducted under subsection (6)(b) or (c). A fire inspector may charge a fee for
an additional inspection conducted under subsection (6)(a).
(8) As used in this section:
(a) "Fire inspector" means an individual who holds a
certificate as a fire inspector under the firefighters training council act,
1966 PA 291, MCL 29.361 to 29.377.
(b) "Qualified version of the International Fire Code and the
National Fire Code" means that version of the International Fire Code and
the National Fire Code adopted on or before January 1, 2025, by the local unit
of government in which the fire inspector is employed or otherwise serves as a
volunteer.
Sec. 6135. (1) The name and address of the
business operating a mobile food establishment shall
must be affixed to each side of the
exterior of the vehicle in letters not less than 3 inches high and 3/8 of an
inch wide and shall must be in contrast to the vehicle background color.
When more than 1 mobile food service establishment
is operated by the same person, the director shall assign a number to each
establishment.
(2) A copy of both of the following must be carried on the mobile food
establishment at all times:
(a) The limitations
attached to the license. of a mobile food service establishment shall be carried
on the mobile food service establishment at all times.
(b) A copy of the most recent fire inspection report form provided under
section 6115a.
(3) If a mobile
food establishment is operating operates on a regularly scheduled route, the director
may require the license holder to provide a copy of the route schedule when the
license is approved and every time the route schedule is changed.
(4) The director or
the operator in the presence of the director shall affix 2 decals provided by
the department on the mobile food establishment at the time the license is
issued. The decals shall must be conspicuously displayed on each side of the
mobile food establishment so as to be that the decals are visible when in transit and while
serving the public.