Common Reasons that Businesses Fail an Inspection

Inspections are required at various points in the life a business.  The following columns list some of the more common inspections, and why businesses occasionally fail those inspections.  Lists have been broken up into inspections common to new businesses and inspections common to existing businesses. 

The following information is meant to assist business owners in preparing for various inspections but does not encompass all inspections needed to start or maintain a business.  Information on inspections required for specific types of businesses is available on the  Inspections, Permitting, and Licensing home page.

New Businesses In Existing Buildings (Permit Inspections)

  • The structural build out is not complete when the health inspector arrives (7-38-030 and BOH R&Rs on  Construction and Maintenance of Building Facilities)
  • Food equipment is not installed and/or is not operating properly (7-38-025,  7-38-030 and BOH R&Rs on Food Equipment)
  • The cooking ventilation system is not installed and/or is operating properly (7-38-030 and BOH R&Rs on Construction & Maintenance of Building Facilities)
  • Food preparation areas do not have a three compartment sink (7-38-030 and BOH R&Rs on Plumbing)
  • There is no utility sink on site (7-38-030 and BOH R&Rs on Plumbing) 
  • The establishment lacks plumbing back-flow devices (7-38-030 and BOH R&Rs on Water Supply, and Plumbing)
  • The establishment lacks hot water (7-38-030 and BOH R&Rs on Water Supply)
  • Unsealed gaps exist in the walls, joints and piping (7-38-005(a); 7-38-015, 7-38-020, 7-38-030 and BOH R&Rs on Food Protection and Insect and Vermin Control)
  • The establishment lacks adequate refrigeration (the temperature is above 40 degrees Fahrenheit in refrigerators/coolers and above 0 degrees Fahrenheit in freezers) (7-38-005(a) and BOH R&Rs on Food Protection; Food Preparation; and Food Display)
  • Restrooms are not operational (7-38-030 and BOH R&Rs on Plumbing, Toilet Facilities and Lavatory Facilities)
  • There is an inadequate water supply for the automatic sprinkler system
  • A performance test for the fire pump has not been completed
  • Compressed gas cylinders are not secured by chain to walls or mounted on carts
  • There is not proper clearance around temporary heating devices
  • Barricades obstruct fire hydrants or otherwise hamper the operation of fire equipment
  • Proper safety precautions are not taken when acetylene welding or cutting equipment is in use
  • Access to elevators or man hoists is impaired or non-existent
  • Combustible construction debris or rubbish has not been removed

Existing Businesses (Periodic Inspections)

  • The business has been renovated or features relocated without the necessary building permits 14A-4-401.1
  • Outdoor areas are improperly maintained 14X-3-302, 14X-3-303
  • Structural defects exist within the building (roof, walls or floor joists need repair) 14X-3-304
  • Indoor areas have accumulated junk or debris or signs of infestation 14X-3-307, 14X-3-308
  • Fire-resistance rated walls or doors have been damaged or improperly maintained 14X-5-502
  • Fire protection systems (smoke detectors, fire alarms, sprinklers) are not operational 14X-5-504
  • Required means of egress (exit doors, corridors, stairways) are obstructed or being used for storage 14X-5-505.1.2, 14X-5-505.9.6
  • Electrical hazards exist (missing electrical plates, excessive use of extension cords) 14X-7-705
  • Heating, cooling or ventilation systems have not been properly maintained 14X-8-804
  • Plumbing systems have not been maintained in a safe and sanitary condition 14X-9-904, 14X-9-905
  • Elevators and escalators have not been inspected as required or are not in safe operating condition 14X-10-1001
  • Serious pest control problems exist onsite, including evidence of infestation (7-38-020 and BOH R&Rs on Food Protection; Garbage and Rubbish; and Insect and Vermin Control)
  • The establishment lacks a pest control log book (7-38-020)
  • The establishment’s outer openings are not rodent or insect proof (7-38-020 and BOH R&Rs on Food Protection and Insect and Vermin Control)
  • The establishment lacks adequate plumbing and/or plumbing backflow devices (7-38-030 BOH R&Rs on Food Protection; Water Supply; and Plumbing)
  • The establishment lacks hot water (7-38-030 and BOH R&Rs on Water Supply)
  • The establishment lacks adequate refrigeration (the temperature is above 40 degrees Fahrenheit in refrigerators/coolers and above 0 degrees Fahrenheit in freezers)  (7-38-030 and BOH R&Rs on Food Protection; Food Preparation; and Food Display)
  • Food is not adequately protected (i.e. food is left out in the open, or not adequately heated and cooled) (7-38-005(a); 030 and BOH R&Rs on Food Protection; Food Preparation; and Food Display)
  • Outside garbage areas and/or grease traps are not maintained (7-38-020 and BOH R&Rs on Garbage and Rubbish; and Insect and Vermin Control)
  • A certified food manager is not on the premises (7-38-012(a); 7-38-020 and BOH R&Rs on Food Handling Personnel)
  • Structures and/or surfaces are damaged or worn (i.e. surfaces in food preparation areas are worn, dirt and grease buildup is on the walls and ceilings, paint above and around food areas is peeling) (7-38-005(a); 7-38-015, 7-38-030 and 7-38-020 and BOH R&Rs on Food Protection; and Construction and Maintenance of Building Facilities)
  • Illuminated Exit and Stairs signs
  • Storage under stairs
  • Storage around heat producing appliances
  • Extinguishers that are not charged and/or tagged from current year’s inspection
  • Stock not arranged to provide aisle minimum-width requirements
  • Blocked exit areas/doors
  • Accumulation of debris that creates a potential fire hazard
  • Keep exits unlocked/no specials knowledge to open (Panic bar on locked exits)
  • Provide and post occupancy placard
  • Obstruction of exit doors
  • The establishment does not have or display appropriate business licenses
  • The establishment sells outdated or expired merchandise
  • The establishment sells recalled products
  • Tobacco retail recordkeeping requirements are not kept
  • Price markings are inaccurate
  • The establishment does not have a public way use permit for outdoor areas (i.e. patios, sidewalk cafes)
  • The establishment is operating without the proper permits
  • Applications for permits have not been made within a specified timeframe (typically 30 days)
  • Permits are not properly displayed
  • Records have not been kept for the required amount of time
  • Material is improperly kept or handled (i.e. material is allowed to migrate offsite by wind or water)
  • The establishment knowingly or unknowingly contributes to atmospheric pollution (this is typically caused by improper operation of equipment allowing uncontrolled emissions of pollutants)
  • Construction site cleanliness ordinance requirements are not met
  • The establishment does not have a required recycling program