PORTSMOUTH — Any city restaurant that currently allows dogs on its premises is operating out of compliance with state and local code, according to the city's health officer.

Per state regulations, adopted from the U.S. Food and Drug Administration Food Code, only service animals are allowed in food establishments or on their premises, defined as the physical facility, contents and property — including outdoor dining areas.

Restaurants wishing to have dogs on their patios or decks must apply for a variance, but as of last week, Portsmouth Health Officer Kim McNamara said, no variances have been approved.

"Dogs are simply not allowed on the premises of a food service establishment per FDA food code" without an approved variance, McNamara said. "Every place that has a food service permit is supposed to know the food code."

Portsmouth is among a small number of self-inspecting communities in New Hampshire, where licensing and food protection are regulated by local health officers. Portsmouth created the variance process through a city ordinance to allow dogs in outdoor dining areas.

There isn't a variance process for communities that aren't self-inspecting, as a variance can't be granted for a state statute, according to the state Department of Health and Human Services.

The matter arose recently when the city's Ri Ra Irish Pub and Restaurant introduced a menu for dogs on its patio at the end of the summer. McNamara said the city's Health Department received a complaint from a diner.

"If all of these places have dogs, all of these places are possibly operating out of compliance with the food code," McNamara said. "They only way we know about dogs, unless we’re there on site doing an inspection, is if people complain. We don’t police social media or websites, so we aren’t going to catch on until someone calls us."

According to the website Bringfido.com, there are 23 restaurants in Portsmouth that welcome dogs at their outdoor tables.

McNamara said restaurants in Portsmouth have been "quite responsible and cooperative" when the city has had to address the presence of dogs. The Health Department has not had to move beyond an initial conversation, she said.

McNamara said a few city restaurants are currently interested in exploring variances, including Ri Ra. But she noted the variance process includes "a lot of provisions that make things as safe as possible," including likeliness of contamination, enclosure and giving other diners an option to sit elsewhere. Cisco Brewers at Pease International Tradeport started the process this week, and McNamara guessed they'd be the city's first grantee.

"People who want dogs on decks are very vocal about it," she said. "But there are just as many people who do not want them there and it ruins their dining experience."

McNamara noted an instance a few summers ago where a young boy was bit by a group of dogs on a restaurant deck.

Kathy Remillard, spokeswoman for the DHHS, said, the Division of Public Health Services Bureau of Food Protection licenses and inspects nearly 4,600 food service establishments across the state to ensure food is handled properly from preparation through serving. The state adopted federal guidelines to regulate food establishments, which states that "only service animals are allowed in food establishments and on their premises."

A Ri Ra representative did not return a request for comment.

Dover is also a self-inspecting community and recently adopted a new version of the federal food code, which states dogs may be allowed in certain areas where no cross-contamination can occur. Dover Health Officer Jamie Donovan said the code allows dogs on patios or decks that are sectioned off, but noted the city advises restaurants to submit variance requests so they have it on record.