Remodeling: Minor & Major

Background

Nevada Revised Statutes NRS 446.930 states that plan review is required for a food establishment that is “…extensively remodeled…”

Nevada Administrative Code NAC 446.013 defines “extensively remodeled” as meaning the “…construction, building, repair or alteration of, or installation of new equipment in, a food establishment which requires a permit from the health authority, local building department or as stated in the Uniform Plumbing Code or Uniform Building Code.”

This is taken to mean that if the work to be undertaken requires a permit from the building department, or where inspection is required under UPC or UBC, such work would be considered a remodel under all circumstances.

In addition, it allows the health authority to determine when such activity requires review and approval, such as when new equipment is installed, whether or not a building permit is required.

Health district Regulations 2010, section 8-203.11, requires any food establishment conducting work meeting the definition of a remodel, to apply for a remodel permit, obtain review, plan approval, and final operational field inspection of the work prior to operating the equipment or area within the scope of work.

More information on this process is available on our Plan Review Process webpage.

Remodel Defined

A remodel involves the proposed repair, construction, alteration or installation of new equipment, modification of existing equipment or fixtures, changes in floor plan layout, extensive changes is surface finishes or lighting, addition of new processes, expansion to new space, or significant changes to use of space or equipment.

Minor repairs of surfaces, “like-for-like”* equipment exchanges, equipment or infrastructure minor repair, service or maintenance; additions of minor equipment that require no installation or modification of existing fixtures (such as counter top “plug in” equipment), equipment or finishes and that do not represent a new or significant alteration of food handling processes, are not generally considered remodeling.

*A “like-for-like equipment change” is the replacement of equipment for similar equipment in design, function, use, and maintenance, whether or not from the same manufacturer, that requires no additional alteration or modification of existing finishes or fixtures to install and occupies the same or similar foot-print of the replaced equipment.

“Like-for-like” could also encompass the minor replacement or repair of surface finishes or lighting fixtures for surface finishes or lighting fixtures similar in design, function, use, and maintenance, whether or not from the same manufacturer. “Like-for-like” must meet the following criteria:

  1. The new equipment replaces an existing piece of equipment;
  2. The new equipment is third-party sanitation certified to the same standard as the replaced equipment. Although formal Plan Review application may not be required, equipment specifications may be required to show proof of certification – contact your Plan Review staff member;
  3. If the new equipment requires installation, such as hooking up gas or water lines, the installation is simple and similar to the replaced equipment;
  4. The new equipment occupies a similar “footprint” to the replaced equipment, particularly for in-counter and under-ventilation installations (“roll-in / plug-in” type equipment footprint need not match the replaced equipment, provided space exists for adequate, safe & complaint placement).

Any addition or installation of equipment, fixtures, or finishes that would require evaluation to determine proper installation would require plan review.

Minor Remodel

A project for the proposed remodel of a food establishment rises to the level of requiring a minor remodel permit when such work requires new permanent plumbing, drainage, or direct electrical connections, or installation in, or the modification of, existing structure to accommodate the new equipment, or the extensive replacement of finishes such as wall, floor or ceiling materials or lighting fixtures.

The installation of a new piece of equipment that requires cutting counters, walls, cabinets, or requires new wiring, plumbing, or ventilation is at least a minor remodel. The fee for a minor remodel is a flat rate of $363 per project.

Under most circumstances, minor remodel work can accomplished during off hours of a food establishment so as to not interfere with operation. If work is to be completed during operational hours, the applicant must provide adequate contingency plans for food protection during the work.

Major Remodel

A major remodel permit will be required whenever a proposed remodel, as defined above, requires a permit from the Building Authority having jurisdiction. Fees charged for a major remodel are based on the seating, drive up windows, or square footage of the facility, depending on permit type. The minimum charged for any project review is $363.

Under most circumstances, a food establishment will need to close to the public during major remodel work to protect food under processing and in storage. However, special circumstances may be considered for continued operation during phases of major remodeling provided that the applicant offers adequate contingency plans for food protection during the work.

Statutes

NRS 446.930 Review of plan for construction or remodeling of food establishment. If, after April 18, 1963, a food establishment is constructed or extensively remodeled, or if an existing structure is converted for use as a food establishment, properly prepared plans and specifications for such construction, remodeling or alteration showing layout, arrangement and construction materials of work areas and the location, size and type of fixed equipment and facilities shall be submitted to the health authority for approval before such work is begun. Where full-time city, county or district health departments exist, such plans and specifications shall be submitted to such health authorities for approval before such work is begun. (Added to NRS by 1963, 757; A 1969, 814)

NAC 446.013 “Extensively remodeled” defined. (NRS 439.200, 446.940 ) “Extensively remodeled” means the construction, building, repair or alteration of, or installation of new equipment in, a food establishment which requires a permit from the health authority, local building department or as stated in the Uniform Plumbing Code or Uniform Building Code. (Added to NAC by Bd. of Health, eff. 10-14-88)

 

Updated on: October 11, 2018