(1) Whenever a food service establishment is constructed or remodeled and whenever an existing structure is converted to use as a food service establishment, properly prepared plans and specifications for such construction, remodeling or conversion must be submitted to the regulatory authority for review and approval before construction, remodeling or conversion is begun. The plans and specifications must indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The regulatory authority shall approve the plans and specifications if they meet the requirements of this subchapter. A food service establishment may not be constructed or remodeled, and any existing building may not be converted into a food service establishment, except in accordance with plans and specifications approved by the regulatory authority.

(2) An existing building may not be used as a food service establishment and the use of one type of establishment may not change to another type of establishment without the prior approval of the regulatory authority.

(3) When a proposal to use an existing building as an establishment or to change the use from one type of establishment to another involves structural modification, plans meeting the requirements of (1) of this rule must be submitted to the regulatory authority for review and approval. If no structural modification is involved, the regulatory authority may waive the requirement for submission of plans if an inspection by the regulatory authority indicates that the proposed establishment meets the requirements of this subchapter.

(4) Persons operating food establishments are reminded that the plans and specifications must also be approved by the local or state building official having jurisdiction.

(5) Whenever plans and specifications are required by (1) of this rule to be submitted to the department, the regulatory authority shall inspect the food service establishment prior to the start of operations, to determine compliance with the approved plans and specifications and with the requirements of this subchapter.