Long before the “open” sign is hung and customers start lining up, new business owners face a behind-the-scenes gauntlet of paperwork, permits and inspections.

Local business owners say the road to opening a business is often paved with unexpected delays in the Cy-Fair area.

“The emotional toll that takes place when opening a business...you have to be ready to adapt to what needs to be done," Matthew Greatens, co-owner of Connie’s Frozen Custard in Cy-Fair, said.

What's happening?

Scott Jeansonne, director of the Environmental Public Health Division for the Harris County Public Health Department, said there were some significant statewide changes to food safety permitting implemented during this year’s legislative session.


As a result, public health officials are updating local regulations to comply with state statutes for small businesses, defined by the U.S. Small Business Administration as any for-profit company with fewer than 50-250 employees, depending on industry.

Per Senate Bill 1008, the HCPHD and other local health departments can no longer charge higher than the state health department for a permit, Jeansonne said. Another update shared for approval with the Harris County Commissioners Court Aug. 26 includes plans to extend temporary food vendor permits from 14 days to one year.

Jeansonne said House Bill 2844 requires all permits and food truck inspections to be performed by the state health department. The bill promotes regulatory consistency across the state to reduce barriers for small mobile food vendors, according to the nonprofit Texas Policy Research.

The Harris County Fire Marshal’s Office also made significant updates Jan. 1 to the Harris County Fire Code to require business owners to get a permit from the Harris County Engineer’s Office before making substantial changes.
What they're saying


After a year of navigating county requirements, 21 year-old Edgar Gomez opened Son’s Bakery in June. Gomez said as a first-time business owner he struggled to find resources willing to provide beneficial information.

After leasing the space, Gomez said he soon realized it needed several required enhancements to pass inspections, including a grease trap, water heater and kitchen ceiling tiles.

“Because of my age, it was a lot more difficult because I didn’t know where to begin,” he said. “What I didn’t know is that you needed to find a place that already had certain things.”

Source: Texas Economic Development & Tourism Office/Community Impact


Established business owners expanding with new locations, such as Connie’s Frozen Custard, said they also struggle navigating business permit requirements. While business floor plans don’t have to be professionally done per county requirements, Connie’s co-owner Keri Jackman said she hired an architect to create the floor plan for a new location.

She submitted the required permits to begin the site’s build-out at the new location at Towne Lake in July, and it took four weeks to complete, Jackman said. Connie’s is now awaiting fire marshal inspections.

“What we’re hearing is that the fire marshal inspection is the one that’s hanging most people up,” she said. “So that turnaround time is supposed to be three to four weeks, but we’ve been told it can sometimes now be 12 to 16 weeks.”

Meanwhile, Gomez said the fire marshal inspection for Son’s Bakery was completed in a week.


How it works

Source: Texas Economic Development & Tourism Office/Community Impact


Notable quotes

“Although [delays] can be frustrating for the customer, we do understand they paid a lot of money to this company and have them put in a system that’s going to protect their investment.” - Todd Mitchell, chief of the Prevention Regulatory Division, Harris County Fire Marshal’s Office


“We are an enforcement agency. We do cite violations. We do issue citations, but our No. 1 goal is to educate food establishments and food establishment employees to basically prevent further violations in the foodborne health system.” - Scott Jeansonne, director, Environmental Public Health Division for the Harris County Public Health Department

What else?

Chief Todd Mitchell with the Harris County Fire Marshal’s Office said the department handles commercial inspections.

Mitchell said final inspections can take up to two weeks, but delays arise when a business doesn’t meet safety requirements.


One more thing

Jeansonne said his division within the public health district inspects temperature checks, structural components and overall cleanliness for:
  • Restaurants
  • Grocery stores
  • Schools serving food
A key delay business owners often face is the final inspection with the HCFMO prior to opening. Mitchell said HCFMO sometimes has delays due to a high number of inspections, but the majority of delays are from bad floor plan designs. Mitchell said the HCFMO’s website lists information on floor plan and construction requirements needed to attain a certificate of occupancy from the HCFMO after the inspection.

“The code book is out there. It’s not a secret. So the playbook is there. That’s exactly what our inspectors are inspecting; plus they have their approved set of plans,” Mitchell said.

The HCFMO provides access to several resources to help with the process:
  • www.hcfchub.net: Assists inspection requirement guidelines
  • www.liftfund.com: Provides credit and services to small businesses and entrepreneurs
  • www.franfund.com: Provides loans to small businesses
  • www.twc.texas.gov: Supports businesses with fewer than 100 employees, and emphasizes training for new workers; funding for training is for full-time employees
  • https://oce.harriscountytx.gov: Website includes guides and step-by-step walkthroughs for new development
  • gov.texas.gov: Provides comprehensive information on permits required for business enterprises