Reopening Restaurants in Buncombe County after Helene: What We Know Today

Buncombe County's Environmental Health Supervisor Felissa Vazquez met with local restaurant owners at 12 Bones Brewing on the morning of October 8, 2024, to answer questions and advise them on how to reopen their businesses given the widespread unavailability of water in Buncombe County and Asheville.

According to NC Food Code 8-404.11(A), food service permit holders are required to cease operations and notify the local health department in the event of a flood, extended interruptions of power or water supplies, sewage backup, or other circumstances that may endanger public health. 

Food establishments (without an approved Emergency Operations Plan) with permits or transitional permits issued by Buncombe County Health and Human Services must immediately suspend operations in accordance with G.S. 130A-23(d) until utilities are restored and a reinspection is complete or they receive approval of an Emergency Operations Plan.

Approved Emergency Operations Plan Requirement

In order to reopen while utility services are suspended or where there is a boil water notice, food service establishments must submit an "Emergency Operations Plan."  This completed plan should be signed, dated, and sent as a PDF attachment to lilian.asor@dhhs.nc.gov and to ehrequest@buncombecounty.org.  The County asks that you please save the PDF you submit with your establishment's name as the title. (Ed. note: please see this graphic and this press release from NCDHHS for additional information on Restaurant Emergency Operations Plans.)

The plan must be approved prior to resuming operations.  Once power and water service are restored or the boil water notice is lifted, the business will need to be reinspected before resuming normal operations.

If the food service establishment is located in an area that is covered by a boil water advisory, it is not required to submit an Emergency Operations Plan.  (See below for more on the differences in boil water notices and advisories.)

To reopen the food service business, the business must, at a minimum, have free-flowing water for handwashing in bathroom areas and the kitchen.  Coolers with spigots that open will satisfy this requirement.

What if a restaurant wants to serve food or hold a fundraiser as a donation during the recovery from Hurricane Helene?

An approved Emergency Operations Plan is not required if food is served on a donation basis.  However, donations or tips cannot be solicited or accepted in exchange for the food provided.

An online fundraiser is permitted to run in conjunction with food giveaways.

Businesses permitted to sell beer or wine may sell beer or wine and give away food as long as the receipt of food is not conditioned on the purchase of alcohol or making any other contribution.

Restrooms and Dishwashing Regulations

Businesses without access to dishwashing on-site are permitted to take dishes off-site for washing and sanitizing.

Restroom facilities must be available for on-site staff, along with adjacent handwashing facilities.  Portable restrooms are permitted.

If on-site dining is permitted, restroom facilities and adjacent hand washing must be available to the public.

If a food service provider obtains potable water through a supplier, it must be provided by a contractor approved by the public water supplier. At this time, food service providers cannot use well water.

Boil Water Advisories vs Notices: Significant Differences in Requirements

A boil water advisory means that potential contaminants are in the water source, which has not been confirmed but is possible. A boil water notice means that contaminants, including E. coli, have been detected, and the water must be boiled.

Food establishments covered by a boil water advisory should follow the following guidelines until it is lifted:

• Boil water for 1 minute before using;
• Use single-service articles only;
• DO NOT wash fruits and vegetables; must source prewashed produce;
• Do not use ice from ice machines;
• Do not use fountain drink machines.

Once the boil water advisory is lifted and normal utilities are restored, the food service operator must verify the following have been completed:

• Flush pipes/faucets: follow the direction of your water utility, but in the lack of guidance, run cold water faucets for at least five minutes;
• Equipment with water line connections, such as post-mix beverage machines, spray misters, coffee or tea urns, ice machines, glass washers, dishwashers, and other equipment with water connections, must be flushed, cleaned, and sanitized in accordance with the manufacturer's instructions.  Attention should be given to waterline strainers, faucet aerators, and faucet screens.
• Run water softeners through a regeneration cycle;
• Drain reservoirs in tall buildings;
• Flush hot water tank;
• Flush drinking fountains (run continuously for five minutes)
• Water filter cartridges should be replaced and canisters sanitized.
• Conduct Ice machine sanitation, including:
  1. Flush the water to the machine inlet;
  2. Close the valve on the water line behind the machine and disconnect the waterline from the machine inlet;
  3. Open the valve, run five gallons of water, and dispose of the water;
  4. Close the valve and reconnect the line.

No Obligation

Although food services businesses are permitted to operate with the approval of an Emergency Operations Plan, there is no requirement or obligation to reopen.   

Ward and Smith is working to stay abreast of changing regulations and updated business conditions throughout the Hurricane Helene Recovery process.  Don't hesitate to contact Ward and Smith for more business information or if you have any questions.  While our Asheville office is temporarily closed, we are able to serve clients via virtual platforms and our other four North Carolina locations.

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© 2024 Ward and Smith, P.A. For further information regarding the issues described above, please contact Hayley R. Wells.

This article is not intended to give, and should not be relied upon for, legal advice in any particular circumstance or fact situation. No action should be taken in reliance upon the information contained in this article without obtaining the advice of an attorney.

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