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sr-011711-7a~® ~;tYof City Council Report Santa Monica City Council Meeting: January 17, 2011 Agenda Item: ~'- To: Mayor and City Council From: Marsha Jones Moutrie, City Attorney Subject:. Proposed Ordinance Amending Public Health and Food Safety Regulations Recommended Action Staff recommends that City Council introduce for first reading the attached ordinance amending Article 5 of the Santa Monica Municipal Code in order to implement the. entirety of the Los Angeles County public health and food .safety laws within .Santa Monica, including recent County enactments which enhanced mobile food vending regulations. Executive Summary California Health and Safety Code, Retail Food Code and the Los Angeles County Public Health- laws provide a comprehensive set of public health and food safety laws for the City. Since the 1960s, Santa Mohica has incorporated the County public health and food safety laws into its municipal code. The last time the City updated its incorporation of the County public health and food safety laws was in 1998. Recently, .the County adopted Ordinance 2010-0045, which imposed additional regulations, such as letter grading and route reporting, on mobile food facilities (e.g. food. trucks). This proposed ordinance amends the City's existing public health laws by incorporating the most up-to-date Los Angeles County public health and food safety laws, including Ordinance 2010-0045. Background California Health and Safety Code and the Retail Food Code set forth various public health and food safety standards. More specifically; the California Retail Food Code (Health & Safety Code Sections 113700 et. sec.) provides a comprehensive set of requirements governing health and sanitation standards for retail food facilities, including mobile food vendors. State law permits local agencies to adopt additional 1 regulations implementing these state laws and to act as the primary enforcement agencies of these state laws. Consistent with state law, Los Angeles County has adopted a comprehensive set of public health and food safety laws (Los Angeles County Code Title 11, Division 1 and Title 8, Division 1). These County Codes establish permitting and rating requirements for various establishments, such as hotels, public swimming pools, restaurants and mobile food vendors. Like most cities within California, since 1963, Santa Monica has delegated all public health and food safety enforcement to the County, at no cost to the City. Thus, as County public health and food safety laws change, the City has, from time to time, incorporated such changes ihto its municipal code. The most recent incorporation was Ordinance 1912 (CCS) in 1998. Discussion In November 2010, the Los Angeles County Board of Supervisors adopted Ordinance 2010-0045, which amended the County's public health and food safety laws to enhance food safety regulations for mobile food vendors. Ordinance 2010-0045 requires mobile food vendors to be rated on the same letter-grading scheme as regular restaurants. This will require the County Health Inspectors to increase the number of annual inspections for each mobile food vendor from one to two. A grade card (A, B, or C) will be issued based on upon the results of each inspection. The grading system is as follows: "A": score of 90-100% "B": score of 80-89% "C": score of 70-79% Consistent with current practices applied to restaurants and markets, a mobile food facility receiving a score of less than 70% will be closed. 2 Ordinance 2010-0045 further requires mobile food vendors to file a "Mobile Food Facility Route Sheet" with the County, which details the arrival and departure times for each location where retail food business would be conducted. This Route Sheet will facilitate timely inspections by Los Angeles County Health Inspectors. As discussed earlier, since 1963, Santa Monica has delegated all public health /food safety enforcement to the County's Department of Public Health. County Public Health Inspectors will only enforce the County's public health and food safety codes that are adopted by the City. Accordingly, in order for County Public Health Inspectors to enforce the entirety of the County's public health and food safety laws within Santa Monica, including recent changes such as Ordinance 2010-0045, the City must adopt, by ordinance, the County's public health and food safety laws. The proposed ordinance accomplishes this purpose. Additionally, the proposed ordinance also adopts the County's long standing public health requirements relating to human and animal communicable disease control (County Code Chapter 11.04), lead hazards (County Code Chapter 11.28), and body art establishments (County Code Chapter 11.36). Many of the policies underlying these requirements have been long practiced by City and County staff. Thus, in large part, this proposed ordinance will conform local law to existing practice. The last time the City undertook such an adoption was in 1998. Staff's review indicates that the current law may allow business operators to argue that the County's public health and food safety laws do not apply to non-food facilities (e.g. hotels or public pools). This argument has never been raised by any establishment within the City and it is unclear if a Court would agree with such an argument. Nonetheless, in the excess of caution, this proposed ordinance will rectify this concern and fully incorporate the County's public health and food safety laws. 3 The proposed ordinance makes clear that in the event of any conflict between the City's Municipal Code and the adopted County Codes, the City's Municipal Code shall prevail. Additionally, this adoption does not preclude the City from adopting new or different public health- requirements in the future. However, if the City imposes different or additional requirements, County Public Health Inspectors will not enforce those requirements. This type of adoption by incorporation of a set of county Taws by a city is specifically authorized by California Government Code Section 50022.9. However, the Government Code imposes special requirements for this type of adoption process. First, at least one certified copy of the relevant Los Angeles County public health and food safety laws that are proposed for adoption must be on file in the City Clerk's Office 15 days prior to first reading of the ordinance. Second, after first reading, a notice of a public hearing / second reading of this proposed ordinance must be published in a local newspaper at least 15 days prior to the second reading. Thus, unlike the City's practice for adopting standard ordinances, the seconding reading of this ordinance must also be a public hearing, where members of the public are permitted to comment. Finally, after seconding reading and adoption of the ordinance, a copy of the adopted County public health and food safety laws must be permanently on file at the City Clerk's Office and available for public inspection. 4 Financial Impacts & Budget Actions There are no financial impacts associated with the adoption of the proposed ordinance. Prepared by: Yibin Shen, Deputy City Attorney Approved: Forwarded to Council: ~ z - ; ,~ M sha n s ou ie Rod Gould C' y Att rn y City Manager Attachments: A) PROPOSED ORDINANCE B) LOS ANGELES COUNTY CODE Title 8, Division 1, Chapter 8.04 C) LOS ANGELES COUNTY CODE Title 11, Division 1, Chapters 11.02 to 11.38 ATTACHMENT A Council Meeting: 1-17-2011 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE 5 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO PUBLIC HEALTH AND FOOD SAFETY WHEREAS, California Government Code Section 50022.9 specifically authorizes cities to enact ordinances which adopt by reference county codes; and WHEREAS, incorporation of Los Angeles County public health laws by the City is required before such laws can be enforced by County Inspectors within the City of Santa Monica; and WHEREAS, effective enforcement of state and local public health laws is a critical component of the City's overall commitment to protecting the health and welfare of its citizens, work-force and visitors; and WHEREAS, the City is committed to working together with the County of Los Angeles to undertake effective enforcement of state and local public health laws; and WHEREAS, since 1963, the City, like most cities within Los Angeles County, has contracted with the County to enforce public health laws, including the California Retail Food Code, within the City of Santa Monica; and WHEREAS, large numbers of stationary and mobile food facilities serve food to the public within the City; and 1 WHEREAS, inadequate food storage, preparation and service threatens public health and welfare; and WHEREAS, the City is committed to safeguarding public health and ensuring that food provided to consumers is safe, unadulterated, and honestly. presented; and WHEREAS, the California Retail Food Code (Health and Safety Code Sections 113700 et: sec.) authorizes local agencies to adopt an evaluation or grading system for food facilities, including mobile food facilities; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 5.08.370 of the Santa Monica Municipal Code is hereby amended to read as follows: 5.08.370 Incorporation of certain County of Los Angeles Public Health Code requirements. (a) Title 8, Division 1, Chapter 8.04 and Title 11, Division 1, Chapters 11.02 to 11.38 inclusive, with the exception of Sections 11.15.010 to 11.15.050, 11.19-.010 to 11.19.040, 11.38.470 and 11.38.460 of the Los Angeles County Code and. all subsequent ordinances amending the incorporated sections of Title 8 and Title 11 of the Los Angeles County Code, are hereby adopted and incorporated herein by reference as if set forth in full herein. The provisions of the incorporated Los Angeles Count~k#ea{t~ and-Sa#et~Code fully express the will and intention of the City Council of the City of 2 Santa Monica as to those matters relating to public health which are contained therein and adopted hereby. (b) The provisions of this Ordinance, insofar as they are substantially the same as provisions of the Santa Monica Municipal Code relating to the same subject matter existing immediately preceding adoption of this Ordinance, shall be construed as restatements and continuances, and not as new enactments. In the event of any conflict or inconsistency between the provisions of the adopted Los Angeles County Code and any other provisions of the Santa Monica Municipal Code, the provisions of the Santa Monica Municipal Code shall govern. (c) The issuance of a permit, certification, br approval under the provisions of this Ordinance shall not constitute a waiver of any other requirement contained in the Santa Monica Municipal Code or any other law or ordinance, and all such requirements shall be complied with in addition to the obtaining of a permit, certification, or approval under the provisions of this Ordinance. (d) The issuance of a permit, certification, or approval under the provisions of this Ordinance-shall not constitute an approval of any violation of any provision of this Ordinance, or any law or ordinance, and a permit, certification, approval, or other document purporting to give authority to violate any law or ordinance shall not be valid with respect thereto. (e) Any person, group, corporation or association which prepares food for, or dispenses food to, members of the public shall comply with the provisions of the Los Angeles County u°^"~ ^^~' c^f°*~~ Code, which are adopted and incorporated by this 3 Section , (~ Any .person, group, corporation or association violating this Section, including any noncompliance with the health officer as defined by Los Anoeles Coun Code Section 8.04.947, shall be guilty of an infraction, which shall be punishable by a fine not exceeding Two Hundred Fifty dollars ($250), or a misdemeanor, which shall be punishable by a fine not exceeding One Thousand dollars ($1,000), or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment ~q) The City Attorney may seek legal, injunctive, or any other relief to enforce this Section. (h) The remedies provided by this Section is cumulative to any other remedy provided by law. Section 2. Chapters 5.04 and 5.05- of the Santa Monica Municipal Code is hereby repealed. Aea#;,;g--prase" ir~sludcs-ever~r-;esta,~ °^+ ~„^^~ +ea-rya„-r 4 "~^^.+ + hr,^hr.,^..+'~ sltades~nr=-pabli~er-priva~e rr~ar~et, sl~o~s#e;~ ~ vvv vv°sa'avum u.icno ui 'a ~eri~, hal~eri~, sterehease, warehease, ^^'~ ^+r,r^^^ r.~^^+ ^+h^..,~...,+ r. ^+h^r 14ep~, held, ^irt ~+„r^rl ^ r^,r .,,r^,+ ,.r ^a^r^rI +„r ^^i^ +,.r h, .., "Cr.r.rl " i^ ~ ~h~.i~n^r~ ^n+^n r.r rJr .nL f..r n '^hm.~.,+ .. r..frr...hw.r.r.+ ..f +h.. hr..+v ...h^+h^r '+ h^ 'n ^+r~rn^^ ^ of nr^^orotir~n ^^rf~. M ~. "!-J.~u.L^r " '^ ...hr.... r.r-0c ^.J'hl^ f.,r..+ r.r f...,rl nrraJ ...M .... +h....+.....+ i -~a~BIS~fI~F1~8FS--o'~-i?o*r;ed-`"~^ier-o:-~s~rendeFlF#^g- ;; ~sew;se-~' 5 "k4eal++"maser," ears-t#e-#eal#k~-~9n;seFOf +,-~~~6es-A~ele~er "~~erato;,~is-a„~Pefssr~~rekk~~r +er-o;-., ~eagi~e~-i„-z„e "Dn. d+n.., rohh'+ olo.... h+or h..oine~r. 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L,lin L,c~nI+L. n mi+ i~~ n~s~..~i~,...~ i~~ re.+~i~e,+ i.....J N.,..,+ie~ m ..,+,.~ ,. ,.++,e~ ., .,+ 24 n 4he ~ co+ fn.+h 'n Continn G (1F !1Q (17x+1 A+ the r!'c re+'n of Oho f'liron+~,. onr! ~ ~'~\ Ilen.n rFmen+ m ~ +he (`niinfii of I n~ Annele~ Henn rFmen+ n+ Lla.n l+h ~~,\ CnnrJ hnnrJlerb 4nnin inn ne.+ifinn+e o e.iiFnn+ea i vA h.~ +h.. ~ r ~ i 25 /n\ Drr.n^r+n r^ fr.r (lh+n i^i^n ., C^^.+ 4.J.+nr11^r'c~ Tr.,in'^n !'^r+'F'^~,+^ nl Dr...,f .,f o ^oof 1 r,lo+'.... .,f ^ Fr.^A h ^~I + .+ ~T- ~______. _. __...~._.. _.. _. _ .___ ..~.._._.._ .. ~.. ....~ ___..,_- -r@~~-1! fee~haara~ler's-~fa+r~-ce#inc~e-y~~ie~i i-.,,a;sAt~j--Passage~f -tea M\ A^.. ^+hor f..r.A hn^iJ le, r'c +roin'n n^r#'f'n.+4^ ~ahinh n +h^ rJ'e. rep+'.. r.f +hr. fliro^+..r i~l^n4 +^ ^i+hor c hoon+i..^c. /^\/9\/A\ ..r /Q\ ..f Fh'c. Con+'^ #n 4h^ n r.lin.n+ir.n f^^ c^+ f..r+h i^ +hin Co^+ir.^ 26 ---€ /~ so~;Q:er's-~ .., ,. - Rfl.. fn _~a~;,se w ;a; u;ef~S~; ~; ;: ; ~~ se , a,r,,,, , ,-ro 9 . ,-- , , 9-- • r r tsx;~ stanse 4h rJ e~ ~ + ^ e of f....rl 4n st or t fnn.J hn rn^ 'llnnooo n ~ „ . r-~-,~,-~~, e~ea i ~--~ .,,~,,.,~~~~ s n^mnn^I h.in Sono fnr fnn.J hn nrl lam. r~. 4nncilo nrl ^n+ .. ~. h'n .. ...+ i /^\ 11A~ JHnIe~ C....rl C.,n l nn (l nnrof'n Dmm~n~ u.hn n rte.+^ m o +h ~.n n fnnrl ro4inn c.h.nll h^ r ^r7 +n hm.n nnrf'f'nrl f nnrl h.+n r7lor .+4 n.. nh / € ^ ~ + ~ ~~ Q l ; + 4 ~ ~ ~~ *er~ ~;s s ew se-~era ts ~o -- ea e x~ ris ve } - ; frnrv. +h^ n of 4hic. Con4inn -C 7-o~s r-ef Fe la d Han dler's ~e#ifi^°4° TI,° f TFainir~ ^^rl ".,^ rl'°r'° +rn'^'^ ^ 9 p i e . g 27 /i\ Cvniro+inn Thn fnnrJ hn nrJlnr'~ +mininn nnr+if'nn+n ~hnll hn ~inl'rl fnr fnnr pew-~~-nm +hn r1.~4n of ~.~.~. n I Inns +hn n 'rh+'nn of +hn fnnrJ h~nr+lcr'c +roininn /~~~nlinn+o Cnnr! 4.I.~nr11~'~~~f'n.~+n Thn flirnntnr ~~e nn+'n of Cnnr7 I-Inn.Jl~'~r_r ~rT~n~~nC-~c: /~\ Thn flirnn+nr mnrl'.n4nla inLn Fn.,rl h.~nrllnr'c +rn'n /R\ Arni nnnrl'+'nn do+rimnn+ol +n +ho nnhGn hnnl+h .n.h inh ~.hnll innL ~rln hn4 nn+ #2f~2f~k.+FE fnr ' of +hn fnnrl h-.nrllnr'~ +r.,~ninn nn.+~f~n.,+n 2$ mw nno+n nne n i he.~rinn rln+o .f nirn~ ~mn+....noc ~• on+ c ~nh .+n+inn 29 Section 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official. newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. 30 APPROVED AS TO FORM: K}+F~c-hwlevti~- g ELECTRONIC VERSION OF THIS ATTACHMENT IS NOT AVAILABLE FOR REVIEW. DOCUMENT IS AVAILABLE FOR REVIEW AT THE CITY CLERK'S OFFICE AND THE LIBRARIES. ATTAC@fEN'P B St1~rr .`~. btu EXECUTIVE OFFICER CvUNTY OF LOS ANGEL;"S BOARD OF SUPERVISORS %ENNETHHAHNHALL OF ADMn~ISTRATION SW WESTTEYil'LE STREET, ROOM 383 LOS ANGELES, CALIFORNIA 90012 (213) 9741411 •PAX (213) 624C636 STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) MEMBERS OF THE BOARD (30RiA MOLINA MARRRIDLEY-THOMAS ZEVYAAOSLAVSRY DON RNABE MICHAEL D. ANIONOVICH I, SACHI A. HAMAI, Executive Officer-Clerk of the Board of Supervisors of the County of Los Angeles, do hereby certify that the attached is a full, true and correct copy of Title 8: Consumer Protection and Business Regulations of the Los Angeles County Code as found at website address http://ordlink.com/codes/lacounty/index.htm. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County of Los Angeles this 17th day of November, 2010. SACHI A. HAMAI, Executive Officer- Clerk of the Board of Supervisors of the County of Los Angeles. BY~1 ~1- ~__1'Ll~(~~ Deputy SAH:bc:cert.139 (LACC Title 8 Consumer Protection and Business Regulations) Title 8 CONSUMER PROTEr-'.TON AND BUSINESS REGULATIOT"' Page 1 of 1 Main Table of Contents Title 8 CONSUMER PROTECTION AND BUSINESS REGULATIONS Division 1 PUBLIC HEALTH LICENSES Chapter 8.04 PUBLIC HEALTH LICENSES Division 2 BUSINESS REGULATIONSI Chapter 8.05 TAMPERING OF CONSUMER PRODUCTS Chapter 8.08 CONSUMER COMMODITY RETAIL PRICING Chapter8.t2 AUTO WRECKERS Chapter 8.16 GASOLINE SALES Chapter 8.20 HOTELS Chapter 8.24 ACCEPTANCE OF GRATUITIES BY NUDE ENTERTAINERS Chanter 8.28 BUSINESSES SELLING SEXUALLY EXPLICIT MATERIAL .Chapter 8.32 SCUBA DIVING Chapter 8.36 VENDING ON COUNTY HIGHWAYS Chapter 8 40 RESTRICTION ON HOURS OF RETAIL AND COMMERCIAL SOLICITATION IN RESIDENTIAL AREAS Division 3 HOUSING Chapter 8.48 CONDOMINIUM CONVERSION Chapter 8.50 DRUG RELATED ACTIVITY Chapter 8.52 RENT REGULATION Chapter 8.56 LANDLORD-TENANT MEDIATION PANEL Chapter 8.57 MOBILEHOME PARK REGULATION Chapter 8 58 MOBILEHOME PARK TENANT PROTECTIONS FOOTNOTES FOR TITLE 8 Appendix A RENT STABILIZATION REGULATIONS « previous ~ next» http:!/seazch.municode.com/htmU16274/ DATA/TITLE08/index.htznl 11/12/2010 Chapter 8.04 PUBLIC HEAL' -LICENSES Title 8 CONSUMER PROTECTION AND BUSINESS REGULATIONS Chapter 8.04 PUBLIC HEALTH LICENSES Part 1 DEFINITIONS 8.04.010 Definitions generally. 8.04.020 Interpretation of tense, gender and number. 8.04.030 Animal keeper--Categorv I. 8.04.035 Animal keeper--Categorv II. 8.04 040 Animal keeper--Categorv III. 8.04.045 Animal keeper--Exceptions. 8.04.050 Animal keeper--Fee exemptions. 8.04.055 Backflow prevention device. 8.04.063 Boarding home. 8.04 064 Bodv art establishment. 8.04.065 Bodv art technician. 8.04.066 Bodv art technician independent operator. 8.04.067 Carnival. 8.04.068 Carnival concession stand. 8.04.070 Certified backflow prevention device tester. 8.04.075 Certified farmers' market. 8.04.080 Children's camp. 8.04.085 Coastal Commission, approval in concept. 8.04.086 Commercial sex venue. 8.04 090 Community water system. 8.04.100 County health officer. 8.04.110 Day care center. 8:04.120 Dwelling unit. Page 1 of46 http://search.municode.com/htmU16274/_DATA/'TITLE08/Chapter_8_04 PUBLIC_HE..: 11/12/2010 Chapter 8.04 PUBLIC HEAL'" LICENSES 8.04.130 Fertilizer manufacturer. 8.04.140 Food demonstrator. 8.04.141 Food establishment. 8.04.142 Food facility. 8 04.145 Food facility remodel. 8.04.150 Food market, retail. 8 04.155 Food market complex. wholesale. 8.04.160 Food market, wholesale. 8.04.165 Food official inspection report. 8 04.170 Food processing establishment: 8.04.180 Food salvager. S 04.190 Food vehicle independent wholesale. 8 04.200 Food vehicle, retail. 8.04.205 Food vehicle commissary. 8.04.206 Food vehicle storage facility defined. 8.04.207 Food vehicle cleaning and storage facility defined. 8.04.210 Food warehouse. 8.04.220 Garment manufacturing establishment. 8 04.225 Grading scoring method and letter grade card. 8 04.230 Hawker. personal. 8.04.240 Health officer. 8.04.260 Hotel. 8.04.270 Ice plant. 8.04.275 Inspection score card. 8.04.280 Laundry. 8.04.290 Meat. 8.04.300 Milk warehouse. Page 2 of 46 http:/(seazch.municode.com/htmU16274/_DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL" LICENSES 8.04.305 Mobile body art establishment. 8.04.306 Mobile food facility. 8.04 310 Mobile food-preparation units. 8.04.311 Mobile support unit. 8.04.320 Multiple dwelling unit. 8.04.330 Noncommunity/state small water svstem. 8 04 335 Nondiaonostic general health assessment program. 8.04.337 Notice of closure. 8.04.339 Owner initiated inspection. 8.04.340 Person. 8.04.345 Picnic food service operation. 8.04.347 Plan check and site evaluation, 8.04.350 Poultry. 8.04.360 Private boarding school 8.04.370 Processor-owned milk-delivery vehicle. 8.04.372 Public health license. 8 04.373 Public health permit. 8.04.380 Public swimming area. 8.04.390 Public water svstem. 8.04.400 Restaurant. 8.04.403 Route location. 8.04.405 Routine inspection. 8.04.410 Section. 8 04 420 Septic tank cesspool chemical toilet or sewage seepage-pit cleaning vehicle 8.04.430 Shall and may. 8.04.432 Soft serve. 8.04.433 Soft serve sampling. Page 3 of 46 http://seazch.municode.com/htmU16274/ DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL" LICENSES 8 04.434 Soft serve resampling. 8.04.435 Swap meet prepackaged food stand. 8 04.440 Swimming pool. 8.04.450 Tax collector. 8.04.460 Theater. 8.04.470 Toilet rental agency. 8.04.480 Toilet structure. 8 04.485 Tobacco Retailing. 8.04.490 Tourist court or motel 8 04.500 Vending machine. 8.04.510 Vending machine business. 8.04.520 Water treatment svstem. 8.04.525 Well yield test. 8 04 530 Wiping rap business. Part 2 GENERAL LICENSING REQUIREMENTS 8 04 540. Purpose and statutory authority of chapter provisions. 8.04.550 Jurisdiction. 8 04 560 Business in fixed location--Public health license and permit requirements. 8.04.570 Business in fixed location--Receipted tax bill in lieu when. 8.04 580 Itinerant businesses--Public health permit requirements. 8 04 590 Separate public health licenses and permits for separate activities 8.04 595 Public health license and permit--Annual certification inspection. 8.04 600 Public health license and permit--Application requirements. 8 04 610 Public health license and permit--Treasurer-tax collector action on application 8.04.620 Biennial certification examination fee. 8 04 630 Water treatment svstem evaluation investigation fee. 8 04 635 Plan check requirements for certain business classifications. Page 4 of 46 http://search.municode.com/htnil/16274/ DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL' LICENSES Page 5 of 46 8.04.640 Public health license and permit--Period of validity--Renewals-Fee proration. 8 04.645 Fees for additional reinspections of food-related businesses. 8.04.650 Notices to be given. 8.04.655 Collection of reirispection fee. 8.04.660 Public health license or permit-Fictitious name restrictions. 8.04.670 Fee exemptions--Blind persons. 8.04.690 Fee exemptions--Charitable institutions. 8.04.700 Fee exemptions--Conditions for charitable activities. 8.04.705 Fees for unlicensed activities. 8.04.710 Fee requirements generally. 8.04.715 Duty to obey healtfi officer. 8.04.720 Fee schedule. 8.04.725 Plan check and site inspection fees. 8.04.728 Service charges-Basis--Payment. 8.04.730 Public health license and permit--Contents. 8.04.740 Public health license and permit--Exhibition on request. 8 04.750 Public health license and permit--Posting at fixed place of business. 8.04.752 Posting requirements-Penalty for noncompliance--Documents available for public review. 8.04.755 Letter grade card and inspection score card--Period of validity. 8.04.760 Public health permit--Carrying by itinerants. 8.04.770 Vehicle and equipment identification. 8.04.780 Vending machine operator requirements. 8.04.790 Public health license and permit--Transfer. 8.04.800 Public health license and permit-Partnership transfer fee. 8.04.810 Lost public health license and permit replacement. 8 04.817 Public health license and permit--Reporting requirements. 8 04.820 Procedures for issuing public health licenses and permits for temporary activities. http://search.municode.com/htmU16274/ DATA/TITLE08/Chapter_8_04 PUBLIC_HE... .11/12/2010 Chapter 8.04 PUBLIC HEAL' LICENSES Page 6 of 46 8 04 830 Public health license and permit--Delinquency date. 8 04 840 Public health license and permit--Penalty for late fee payment. 8 04 842 Late fee payment--Lien againsflicensee or permittee authorized when. 8.04 844 Late fee payment--Additional penalty following lien. 8 04 850 Public health license--Penalty for late direct assessment fees. 8.04.860 Treasurer-tax collector--Fee collection and other duties. 8 04 870 Auditor-controller--Public health license and permit issuance and accounting duties. 8.04 880 Treasurer-tax collector--Deposit of funds. 8 04 890 Treasurer-tax collector--Monthly report.- 8 04 900 Minor errors in payments. 8.04.910 Refunds. 8.04.920 Actions for recovery of fees. 8.04.930 Violation--Penalty. 8 04 932 Business without a public health license or permit prohibited. 8 04 934 Operating without a public health license or permit--Deemed misdemeanor-- Penal 8 04 936 Operating without a public health license or permit--Injunctive relief 8 04 938 Violation of injunction--Civil penalty. 8.04.940 Severabilitv. 8 04 942 Operating without a public health license or permit--Civil penalty 8 04 943 Public health permit suspension or revocation--Notice of closure 8 04 944 Continuing violations. 8 04.945 Public health permit--Suspension or revocation. 8 04.946 Public health license-Suspension or revocation. 8 04 947 Noncompliance with health officer--Deemed misdemeanor-Penalty. 8 04 948 Noncompliance with health officer--fniunctive relief Part 3 DIRECT ASSESSMENT AGAINST REAL PROPERTY http://search.municode.com/html/16274/_DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL"-' LICENSES Page 7 of 46 8 04 950 Fees placed on tax roll for direct assessment--Conditions. 8.04.960 List of properties subject to fees--Preparation. 8 04.970 Assessments--Entered on list of properties. 8.04.980 Assessments--Entered on bills for taxes. 8.04.990 Collection of assessments. 8 04.995 Recordation of lien for fees when direct assessment not possible. Part 4 FRUIT AND VEGETABLE CONDEMNATION TICKETS 8.04.1000 Condemnation ticket defined. 8.04.1010 Fee required. 8.04.1020 Recordkeeping and collection. 8.04.1030 Delinquency date. Part 5 (Repealed by Ord 96-0069) Part 6 WIPING RAG BUSINESS ESTABLISHMENTS 8.04 1130 Part 6 provisions--Statutory authority. 8.04.1140 Definitions. 8.04.1150 Operation without permit prohibited. 8.04 1160 License authorized. as health permit when. 8.04.1170 Health permit--Issuance conditions. 8.04.1180 Health permit--Disolay required. 8.04.1190 Raa sanitizing methods. 8.04:1200 Recordkeepina for businesses. 8.04 1210 Enforcement and inspection--Health officer authority. 8.04 1220 Health permit-Suspension or revocation conditions. 8 04 1230 Hearing on denial .suspension or revocation. Part 1 DEFINITIONS 8.04.010 Definitions generally. http://search.municode.com/htmU16274!_DATA/'I'ITLE08/Chapter_8_04 PUBLIC_HE... 11/12/2010 Chapter 8.04 PUBLIC HEALT 'LICENSES Page 8 of46 A. For the purpose of this chapter, the words and phrases set forth in this Part 1 are defined, and shall be construed as hereinafter set out, unless it is apparent from the context that they have a different meaning. B. Whenever any words or phrases used in this chapter are not defined in this Part 1 but are defined in state acts,-laws or codes, the definitions in such acts, laws or codes are incorporated in this chapter as though set forth herein in full, and shall apply to such words and phrases used but not defined herein. (Ord. 8609 Art. 2 § 51, 1964.) 8.04.020 Interpretation of tense, gender and number. In this chapter, the present tense includes the past and future tenses and the future tense includes the present; the masculine gender includes the feminine and neuter; the singular number includes the plural and the plural includes the singular. (Ord. 8609 Art. 1 § 9, 1964.) 8.04.030 Animal keeper--Category I. "Animal keeper, Category I° means any person not an animal keeper, Category II, and not an animal keeper, Category III, who does one or more of the following: A. Has, keeps, maintains or raises 10 or more but not more than 49 animals of the same or different classifications of-the horse, cow, sheep, goat or hog species; B. Has, keeps, maintains or raises 50 or more but not more than 499 rabbits or hares; C. Has, keeps, maintains or raises five or more but not more than 49 horses, including ponies, mules or donkeys. (Ord. 94-0052 § 1, 1994: Ord. 91-0098 § 1, 1991: Ord. 9578 § 2, 1968: Ord. 8852 § 2 (part), 1965: Ord: 8609 Art. 2 § 52, 1964.) 8.04.035 Animal keeper--Category II. "Animal keeper, Category II" means any person not an animal keeper, Category III, who does one or more of the fdllowing: A. Has, keeps, maintains or raises at least 50 but not more than 100 animals of the same or different classifications of the horse, cow, sheep, goat or hog species; B. Has, keeps, maintains or raises 500 or more rabbits or hares; C. Has, keeps, maintains or raises at least 500 but not more than 999 poultry or wild fowl. (Ord. 2002-0066 § 5, 2002.) 8.04.040 Animal keeper--Category III. "Animal keeper, Category III" means any person who does any one or more of the following: A. Has, keeps, maintains or raises more than 100 animals of the same or different classifications of the horse, cow, sheep; goat or hog species; B. Has, keeps, maintains or raises 1,000 or more poultry or wild fowl. (Ord. 2002-0066 § 6, 2002.) 8.04.045 Animal keeper--Exceptions. A person is not an animal keeper in any category if his only acts described in any of the definitions of animal keeper set forth in Sections 8.04.030 through 8.04.040 are as: A. A slaughterer; or B. A dairyman. (Ord. 2002-0066 § 7, 2002.) 8.04.050 Animal keeper--Fee exemptions. The tax collector shall issue without a fee a license to: A. A person who owns at (east five but not more than nine horses and who does not operate a commercial boarding facility or derive income from the rental or use of such horses, unless such http://search.municode.com/htmU16274/ DATA/'TITLE08/Chapter 8_04 PUBLIC HE... 11/12!2010 Chapter 8.04 PUBLIC HEAL'" 'LICENSES Page 9 of 46 person is required to be licensed under other provisions of this code; or B. A 4-H Club, Future Farmers of America Club, school with animals maintained for agricultural classes, or other similar recognized group which carries on an organized program to encourage student participation in agricultural activities. (Ord. 2002-0066 § 8, 2002.) 8.04.055 Backflow prevention device. "Backflow prevention device" means a plumbing device that prevents across-connection, as defined in Title 11, Section 11.38.030 of this code. "Backflow prevention device" shall include, but is not limited to, devices as approved by the health officer in accordance with California Health and Safety Code, Sections 116800-116810, California Plumbing Code, Section 603.2, and California Code of Regulations, Title 17, Section 7583. (Ord. 2002-0066 § 9, 2002.) 8.04.063 Boarding home. "Boarding home" means any premises, structures, or portion thereof (except any hospital or other health facility as defined in Section 1250 of the Health and Safety Code and except any mental or alcoholic institution licensed by the state of California), used or intended to be used as a place where sleeping or rooming accommodations are furnished to the whole or any part of the public, with or without compensation and with or without meals, for five or more persons who are unrelated to the operator. "Boarding home" includes, but is not limited to, a rooming house, home for the aged, sober living facility, boarding house, lodging house, and bed and breakfast facility. (Ord. 94-0052 § 4, 1994: Ord. 8609 Art. 2 § 65, 1964.) 8.04.064 Body art establishment. "Body art establishment" is as defined in Section 11.36.070. (Ord. 99-0039 § 5, 1999.) 8.04.065 Body art technician. "Body art technician" is as defined in Section 11.36.080. (Ord. 99-0039 § 6, 1999.) 8.04.066 Body art technician independent operator. "Body art technician independent operator" is as defined in Section 11.36.090. (Ord. 99-0039 § 8, 1999.) 8.04.067 Carnival. "Carnival" means a public spectacle, fair, community event or diverse entertainment and amusement which may include, but is not limited to: merry-go-rounds, Ferris wheels, or other similar mechanical apparatus or rides; menageries, trained animal acts, or animal rides, petting or similar animal exhibitions; acrobatic or other physical feats or demonstrations by performers; sideshows, games or tests of strength or skills; exhibitions of arts and crafts; and, public eating places, for which a fee or payment may be charged forentry into the location, viewing of any such entertainment, exhibition or amusement, participation in any of its activities, or purchase of food, drink or merchandise. (Ord. 99-0039 § 4, 1999; Ord. 91-0098 § 4, 1991.) 8.04.068 Carnival concession stand. "Carnival concession stand" means each store, booth, or stand which gives, sells or offers for sale, food or drinks to the public, guests, patrons or employees in conjunction with or as part of a carnival. (Ord. 99-0039 § 7, 1999; Ord. 91-0098 § 5, 1991.) http://search.municode.com/htmU16274/_DATA/TITLE08/Chapter 8_04_PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL"r'"' LICENSES Page 10 of 46 8.04.070 Certified backflow prevention device tester. "Certified backflow prevention device tester" means any person possessing a currently valid certificate of competence which certifies that he has successfully passed an examination conducted by the health officer which has determined him to be competent to test and make reports on backflow prevention devices. (Ord. 12110 § 6, 1980: Ord. 8609 Art. 2 § 54, 1964.) 8.04.075 Certified farmers' market. "Certified farmers' market" means a location approved by the Los Angeles County agricultural commissioner where agriculture products are sold by producers or certified producers directly to consumers. A certified farmers' market may be operated by one or more certified producers, by a nonprofit organization, or by a local government agency. (Ord. 93-0009 § 1, 1993.) 8.04.080 Children's camp. "Children's camp" means any place maintained for recreational or other purposes where 10 or more children under the age of 21 are kept for five days or more while away from their usual place of residence. This chapter shall not apply to any private-boarding school as defined in this chapter or any place of detention maintained by a government agency. (Ord. 8609 Art. 2 § 55, 1964.) 8.04.085 Coastal Commission, approval in concept: "Coastal Commission, Approval in Concept" means a preliminary conceptual evaluation of a proposal for the design of a private onsite wastewater treatment system to serve a residential or commercial development in the Coastal Zone for submission to the Coastal Commission. (Ord. 2005-0053 § 1, 2005.) 8.04.086 Commercial sex venue. "Commercial sex venue" is as defined in Section 11.04.310: (Ord. 2006-0004 § 1, 2006.) 8.04.090 Community water system. "Community water system," as used in this chapter, means a public water system as defined in Section 64411, Title 22, California Administrative Code, as a community water system. (Ord. 12110 § 9, 1980: Ord. 8609 Art. 2 § 90.2, 1964.) 8.04.100 County health officer. "County health officers means the director of the department of public health cf the county of Los Angeles, or his duly authorized representative. (Ord. 2006-0040 § 31, 2006: Ord. 8609 Art. 1 § 1 1964.) 8.04.110 Day care center. "Day care center" means any place or premises, including a nursery school, used for full or part day reception and care or education, apart from or in the absence of their parent or guardian, with or without compensation, of seven or more children under the age of 16 years, which children are unrelated to the operator. (Ord. 8609 Art. 2 § 56, 1964.) 8.04.120 Dwelling unit. http://search.municode.com/htmU16274/ DATA/TITLE08/Chapter_8_04_PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEALT-' LICENSES Page 11 of 46 "Dwelling unit" means the same as defined in Section 405 of the Uniform Building Code, and includes "efficiency dwelling unit" as defined in Section 406 of the Uniform Building Code, adopted as Rules and Regulations under authority of Section 17922, California Health and Safety Code. (Ord. 12167 § 2 (part), 1980: Ord. 9803 § 3, 1969: Ord. 8609 Art. 2 § 56.5, 1964.) 8.04.130 Fertilizer manufacturer. "Fertilizer manufacturer" means anyperson engaged in the wholesale business of processing or sacking manure for fertilizer purposes.. (Ord. 8848 § 1 (part), 1965: Ord. 8609 Art. 2 § 57, 1964.) 8.04.140 Food demonstrator. "Food demonstrator" means any person who engages in the business or practice of offering or serving, without charge to the consumer, unpackaged bulk food to the public for the purpose of publicizing, advertising or promoting the sale of food, food products or food equipment. "Food demonstrator" shall not include any person operating a food vehicle that is otherwise under public health permit and for which a valid public health permit has been obtained. (Ord. 96-0069 § 2, 1996: Ord. 8609 Art. 2 § 58, 1964.) 8.04.141 Food establishment. "Food establishment" means any room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, manufacturing, packaging, transporting, salvaging, or otherwise handling food at the retail level. (Ord. 96-0069 § 3, 1996.) 8.04.142 Food facility. "Food facility" means any food establishment, food warehouse, milk warehouse, vehicle, vending machine, swap meet prepackaged food stand, mobile preparation unit, or any place used in conjunction with the operation of the above, including, but not limited to, storage facilities for food utensils, equipment, and materials. (Ord. 96-0069 § 4, 1996.) 8.04.145 Food facility remodel. "Food facility remodel" means any construction or alteration to an existing food facility. Remodeling also includes the installation of equipment or repair to a food facility which alters the configuration or method of operation and requires a permit from the local building department. For purposes of this title, a remodel shall be limited to a maximum of 300 square feet of affected area. Facility remodeling areas over 300 square feet shall. be assessed the plan check and site evaluation fee for a new facility of the same size as specified in Section 8.04.725 of this title. (Ord'. 93-0055 § 1, 1993.) 8.04:150 Food market, retail. A. "Retail food market" means any: 1. Animal food market; 2. Retail delicatessen; 3. Retail fruit and vegetable market; 4. Retail fish market; 5. Retail grocery market; 6. Grocery store; 7. Retail meat market; 8. Retail packaged food store; 9. Combination of the above; 10. Or any place or establishment where animal food, bakery products, meats, fish, shellfish, http://seazch.municode.com/htmU16274/ DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL"`" LICENSES Page 12 of 46 seafood, poultry, preserves, jelly, relish, creamed cheese, fruit, vegetables, vitamins, food supplements, or any other foods or food products, or beverages, whether in bulk, canned, wrapped, bottled, packaged, or in any other form, are sold or kept for sale at retail for consumption on premises other than where sold. "Retail food market," however, shall not include any "food salvager" as defined iri Section 8.04.180. B. Establishments utilizing an area of more than 10 square feet but less than 50 square feet for food market operations, and if nothing is sold or dealt in except packaged candy, packaged nuts, chewing gum, bottled soft drinks or packaged food, and pet shops selling animal food packaged or bulk, shall be issued a public health permit under this section. (Ord. 96-0069 § 5, 1996: Ord. 94-0052 § 5, 1994: Ord. 9354 § 1 (part), 1967: Ord. 8848 § 1 (part), 1965: Ord. 8609 Art. 2 § 59, 1964.) 8.04.155 Food market complex, wholesale. Food market complex, wholesale, means any establishment, its contents, and the contiguous land or property that rents, leases or (ends facilities within said establishment, for the purpose of conducting business as a food market, wholesale. A food market complex, wholesale, that rents, leases or lends space to no more than two food market, wholesale, facilities, or dedicates a combined total of less than 1500 square feet for the purpose of operating a food market, wholesale, is exempt from this definition. (Ord. 2007-0089 § 1, 2007.) 8.04.160 Food market, wholesale. "Food market, wholesale" means any establishment, other than a slaughterhouse, from which food is sold for resale by others, as further defined in Section 11.12.005 (S). (Ord. 2007-0089 § 2, 2007: Ord. 94-0052 § 6, 1994: Ord. 11544 § 1, 1977: Ord. 8848 § 1 (part), 1965: Ord. 8609 Art. 2 § 60, 1964.) 8.04.165 Food official inspection report. "Food official inspection report" means the written notice prepared and issued by the county health officer after conducting an inspection of a food facility to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives. relating to the public health. (Ord. 97-0071 § 1 (part), 1997.) 8.04.170 Food processing establishment. "Food processing establishment," as used in this chapter, means any room, building or place, or portion thereof, maintained, used or operated for the purpose of commercially staring in conjunction with processing, packaging, repackaging, making, cooking, mixing, processing, bottling, canning, packing, or otherwise preparing or handling, food; provided, however, that for fee purposes the term "food processing establishment" shall not include a brewery, nor establishments otherwise specifically mentioned in this chapter. (Ord. 94-0052 § 7, 1994: Ord. 9127 § 2 (part), 1966: Ord. 8609 Art. 2 § 61, 1964.) 8.04.180 Food salvager. "Food salvager" means any person who engages in the business of reconditioning, labeling, relabeling, repacking, recoopering, sorting, cleaning, culling, or by other means salvaging, and who sells, offers for sale, or distributes for human or animal consumption any salvaged food, beverage (including beer, wine and distilled spirits), vitamin, food supplement, dentifrice, drug, cosmetic, single-use food containeror utensil, soda straws, paper napkins, or any other product of a similar nature that has been damaged or contaminated by fire, water, smoke, chemicals, transit, insects, rodents, or by any other means. (Ord. 8609 Art. 2 § 62, 1964.) http://search.municode.com/htmU16274/ DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8:04 PUBLIC HEAL"'°' LICENSES 8.04.190 Food vehicle, independent wholesale. Page 13 of 46 A. "Independent wholesale food vehicle" means any: 1. Wholesale independent milk distributor vehicle; 2. Wholesale independent meat distributor vehicle; 3. Wholesale independent bakery goods distributor vehicle; 4. Wholesale independent fruit and vegetable distributor vehicle; 5. Wholesale independent grocery distributor vehicle; 6. Combination of the above; 7. Or any vehicle from which bakery products, fish, shellfish, seafood, fruit, vegetables, meats, poultry, jelly, preserves, relish, milk or any other dairy products, food or food products, ice, or beverages, whether in bulk, canned, wrapped, bottled, packaged, or any other form, are sold or kept for sale at wholesale or for distribution to the retailer. B. Vehicles used by affixed-location restaurant, food warehouse, fruit and vegetable market, food market, or food processing establishment having a valid public health permit under this chapter to deliver food products from said establishment to other locations shall not be required to have a separate public health permit under this chapter. C. An "independent wholesale food vehicle" originating outside of the jurisdiction of the health officer, county of Los Angeles, which has been inspected by the health officer at the jurisdiction of origin and which. bears an identification that the jurisdiction of origin has issued a public health permit shall not be required to obtain a public health permit under this chapter. (Ord. 96-0069 § 6, 1996: Ord. 9578 § 4, 1968: Ord. 8848 § 2 (part), 1965: Ord. 8609 Art. 2 § 62.1, 1964.) 8.04.200 Food vehicle, retail. A. "Retail food vehicle" means any motorized or nonmotorized conveyance or portable food service unit upon which prepackaged or approved unpackaged food is sold or offered for sale at retail. Categories of retail food vehicles include: 1. Animal food vehicle; 2. Bakery distributor vehicle (independent, retail); 3. Fish peddler vehicle; 4. Food vehicle--Department of Motor Vehicles exempt; 5. Food salvage distributor vehicle; 6. Fruit and vegetable vehicle; 7. Grocery distributor vehicle; 8. Independent ice distributor vehicle; 9. Independent retail meat vehicle; 10. Independent milk distributor vehicle, not aprocessor-owned milk delivery vehicle; 11. Industrial catering vehicle; 12. Limited food vehicle; 13. Unpackaged food vehicle; 14. Prepackaged food cart, a nonmotorized vehicle, from which the operator dispenses prepackaged and labeled food; 15. Any combination of the above; 16. Or any vehicle, including; but not limited to, a mobile food facility, from which animal food, bakery products, fish, shellfish, seafood, fruits, vegetables, meats, poultry, preserves, jelly, relish, milk or other dairy products, food or food products, ice or beverages, whether in bulk, canned, wrapped, bottled, packaged, or any other form, are sold or kept for sale at retail or are distributed to the consumer: B. Vehicles owned and operated by affixed-location food market, restaurant or other business having a valid public health permit under this chapter to deliver food products from said establishment to other locations shall not be required to have a separate public health permit under this chapter. (Ord. 2010-0045 § 2, 2010; Ord. 96-0069 § 7, 1996: Ord. 90-0149 § 2, 1990: Ord. 12110 § 1, 1980: Ord. 8713 § 1, 1964: Ord. 8609 Art. 2 § 63, 1964.) 8.04.205 Food vehicle commissary "Food vehicle commissary" means any structure or portion of a structure used exclusively for the http://search.municode.com/htmU16274/ DATA/TITLE08/Chapter 8_04 PUBLIC HE..: 11/12/2010 Chapter 8.04 PUBLIC HEAL"--' LICENSES Page 14 of 46 storage, cleaning and servicing of retail food vehicles or mobile food-preparation units, and/or from which food, supplies and equipment are provided for use by a food vehicle operator. (Ord. 90-0149 § 3, 1990.) 8.04.206 Food vehicle storage facility defined. A. "Food vehicle storage facility" means any structure or any portion of a structure, gtherthan a food vehicle commissary, used exclusively for the storage of no more than two of any combination of the following food vehicles: 1. Unpackaged food vehicles; 2. Prepackaged food carts. B. Vehicles or carts may not be cleaned or serviced at such a facility, nor shall food be prepared or stored in such facility. The term "service" includes, but is not limited to the provision of potable water, the disposal of wastewater from the vehicle, and automotive repair. Service does not include minor mechanical repair. (Ord. 90-0149 § 4, 1990.) 8.04.207 Food vehicle cleaning and storage facility defined. A. "Food vehicle cleaning and storage facility".means any structure or any portion of a structure, other than a food vehicle commissary, used exclusively for the storage, cleaning and supply of potable water for: 1. Unpackaged food vehicles; 2. Prepackaged food carts; or3.Limited food vehicles. B. No more than two unpackaged food vehicles or prepackaged food carts may be stored at such facility. Food shall not be prepared or stored in such facility. (Ord. 90-0149 § 5, 1990.) 8.04.210 Food warehouse. "Food warehouse" means any: 1. Cold-storage warehouse except bonded cold storage; 2. Fruit and vegetable warehouse; 3. Dry foods warehouse; 4. Ice-storage house; 5. Combination of the above; 6. Or any place, building, structure, room or portion thereof where fruit, vegetables or any foods are commercially stored, kept or held at any temperature, where any foods are commercially stored at any artificial temperature of less than 45 degrees Fahrenheit, or where ice is stored, other than any coin-operated ice-vending structure. (Ord. 94-0052 § 8, 1994: Ord. 9354 § 1 (part), 1967: Ord. 8609 Art. 2 § 64, 1964.) 8.04.220 Garment manufacturing establishment. "Garment manufacturing establishment" means any place, building or structure, room or portion thereof, where apparel and other garments and accessories are cut, sewed, assembled, embroidered, silk screened, or otherwise made, decorated, or finished, from fabrics and similar materials. Such apparel includes: suits, coats, work clothing, and other furnishings; outerwear and undergarments; hats, caps and millinery; fur goods; and miscellaneous apparel and accessories. "Garment manufacturing establishment" includes any place, building or structure, room or portion thereof, where graders, pattern makers, and sample makers of fabrics and similar materials are located. (Ord. 94-0052 § 9, 1994: Ord. 12183 § 1, 1980: Ord. 12018 § 1, 1979: Ord. 8609 Art. 2 § 64.2, 1964.) 8.04.225 Grading, scoring method and letter grade card. A. "Grading" means. the letter grade issued by the county health officer at the conclusion of the routine inspection of a food facility. The grade shall be based upon the scoring method set forth http://search.municode.com/htmU16274/ DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL""-' LICENSES Page 15 of 46 in this section resulting from the food official inspection report and shall reflect the food facility's degree of compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. B. "Scoring method" means a procedure used by the county health officer where a score is calculated by adding values predefined on the food official inspection report for violations that are observed during an inspection, and subtracting that total from 100. The resulting numerical sum, stated as a percentage, constitutes the score for the inspection. C. "Letter grade card" means a card that may be posted by the county health officer at a food facility upon completion of a routine inspection that indicates the letter grade of the facility as determined by the countyhealth officer using the scoring method set forth in this section. For the purposes of this provision, a food facility shall include a food facility operating in conjunction-with a food processing establishment. D. The county health officer, in his discretion, may immediately close any food facility which, upon completion of the routine inspection, does not achieve at least a "C" grade as defined herein. Nothing in this provision shall prohibit the county health officer from immediately closing any food facility if, in his discretion, immediate closure is necessary to protect the public health. E. The letter grade for a food facility shall be based upon the final numerical percentage score set. forth in the food official inspection report, as follbws: 1. A grade of "A" shall indicate a final score of 90 percent or higher as determined by the county health officer; 2. A grade of "B" shall indicate a final score less than 90 percent but not less than 80 percent as determined by the county health officer; 3. A grade of "C" shall indicate a final score less than 80 percent but not less than 70 percent as determined by the county health officer. (Ord. 2010-0045 § 3, 2010; Ord. 97-0071 § 2 (part), 1997.) 8.04.230 Hawker, personal. "Personal hawker' means any person whd vends processed packaged food, other than potentially hazardous food, at retail, which is carried by such person on his person in a container such as a pack, bag, box or basket. (Ord. 92-0078 § 1, 1992: Ord. 11544 § 2, 1977: Ord. 8609 Art. 2 § 64.1, 1964.) 8.04.240 Health officer. "Health officer" means the director of the department of public health of the county of Los Angeles, or his duly authorized representative. (Ord. 2006-0040 § 32, 2006: Ord. 8609 Art. 1 § 2, 1964.) 8.04.260 Hotel. A. "Hotel" means any structure or any portion of a structure, including any inn, dormitory, Turkish bath, bachelor hotel, studio hotel, public club, private club; fraternity house, sorority house, and any other place containing six or more guest rooms which is occupied or intended or designed for occupation by six or more persons, whether rent is paid in money; goods, labor, or otherwise, or where no rent whatsoever is paid. B. "Hotel" shall not include any hospital, asylum, special-care home, sanitarium, orphanage, children's home, home for the aged, jail, detention home, or any other building or structure in which human beings are housed and detained under legal restraint. For purposes of this chapter, every 100 square feet of floor area in a dormitory shall be deemed to be a room. (Ord. 94-0052 § 10, 1994: Ord. 8609 Art. 2 § 66, 1964.). $.04.270 Ice plant.. A. "Ice plant" means any place or structure, other than a private residence, where ice intended to be used with drinks or food for human consumption, for the preservation of food, or other similar use, is manufactured for use, sale or distribution. http://search.municode.com/htmU16274/_DATA/TITLE08/Chapter_8_04 PUBLIC HE:.. 11/12/2010 Chapter 8.04 PUBLIC HEAL' 'LICENSES Page 16 of 46 B. A restaurant, motel, food market or other establishment having a valid public health permit shall not be required to obtain a separate public health permit for an ice plant where such ice plant is incidental to the operation of such establishment. Such ice plant shall be deemed, for the purposes of this chapter, not to be an ice plant. (Ord. 96-0069 § 8, 1996: Ord. 8609 Art. 2 § 68, 1964.) 8.04.275 Inspection score card. A. "Inspection score card" means a card that may be posted by the county health officer at a food facility, upon completion of a routine inspection, that indicates the total numerical percentage score for the facility as determined by the county health officer and as set forth in the food official inspection report. For the purposes of this provision, a food facility shall include a food facility operating in conjunction with a food processing establishment. . B. The county health officer, in his discretion, may immediately close any food facility which, upon completion of the routine inspection, achieves a total numerical percentage scare less than 70 percent as set forth in Section 8.04.225. Nothing in this provision shall prohibit the county health officer from immediately closing any food facility if, in his discretion, immediate closure is necessary to protect the public health. (Ord. 2010-0045 § 4, 2010; Ord. 97-0071 § 3 (part), 1997.) 8.04.280 Laundry. A. "Laundry" means any building, room or place, or portion thereof, used for the washing, ironing or drying of clothing, linen, towels; uniforms and other similar articles for money or other consideration. B. Also; "laundry" includes any establishment, except apartment houses, hotels, tourist courts, motels or mobilehome parks, in which six or more customer-operated laundry machines are installed and permitted to be used for a fee. (Ord. 11545 § 1, 1977: Ord. 8848 § 3,.1965: Ord. 8609 Art. 2§ 69, 1964.) 8.04.290 Meat. "Meat" means any part, or the whole, of flesh, organs, bones or substance of any mammal. (Ord. 8609 Art. 2 § 70, 1964.) 8.04.300 Milk warehouse. "Milk warehouse" means any place, building, structure, room or portion thereof other than where milk is bottled or processed, where milk is commercially stored or held for transfer at a temperature of 50 degrees Fahrenheit or below. (Ord. 9354 § 2, 1967: Ord: 8609 Art. 2 § 71, 1964.) 8.04.305 Mobile body art establishment. "Mobile body art establishment" is as defined in Section 11.36.240. (Ord. 99-0039 § 9, 1999.) 8.04.306 Mobile food facility. "Mobile food facility" means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. "Mobile food facility" does not include a "transporter" used to transport packaged food from a food facility, or other approved source to the consumer. (Ord. 2010-0045 § 5, 2010.) 8.04.310 Mobile food-preparation units. http://search.municode.com/htmU16274/ DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL"-- LICENSES Page 17 of 46 "Mobile food-preparation units' means any vehicle upon which ready-to-eat food is prepared, cooked, wrapped, packaged, or portioned for service, sale or distribution. However, for fee purposes, the term "mobile food-preparation vehicle" shall not include other types of vehicles specifically defined in this Chapter S.D4, Part 1. (Ord. 12110 § 7, 1980: Ord. 8609 Art. 2 § 71.2, 1964.) 8.04.311 Mobile support unit. "Mobile support unit" means a vehicle used in conjunction with a commissary or other permanent food facility that travels to and services mobile food facilities as needed to replenish supplies, including food and potable water, clean the interior of the unit, or dispose of liquid or solid wastes. The county health officer shall have the discretion to score a mobile support unit pursuant to the method set forth in Section 8.04.225. (Ord. 2010-0045 § 6, 2010.) 8.04.320 Multiple dwelling unit. "Multiple dwelling unit" means: A. Any structure, including an apartment house, condominium, or any portion of any structure, occupied, designed, or built, or rented for occupation as a home by five or more families, each living in a separate unit and cooking within such structure; B. A group of five or more dwelling units, including a condominium, other than a hotel, motel or tourist court, as defined in this chapter, located upon a single lot, adjoining lots or parcel of land and upon which the vacant or unoccupied portion thereof surrounding or abutting on said dwelling units is used or intended to be used in common by the inhabitants thereof; C. A "condominium" which consists of a parcel or area of land on which there exists a building or buildings, or portions thereof, occupied, designed or built, or rented for occupation as a home for five or more families, each living in a separate dwelling unit and cooking within such structure, the vacant or unoccupied portion thereof surrounding or abutting said dwelling is used or intended to be used in common by the inhabitants thereof. (Ord. 9578 § 5, 1968: Ord. 8609 Art. 2 § 72, 1964.) 8.04.330 Noncommunity/state small water system. "Noncommunity/state small water system," as used in this chapter, means public water systems, as defined in Section 64411, Title 22, California Administrative Code as either a noncommunity water system or a state small water system. (Ord. 12110 § 8, 1980: Ord. 8609 § 90.1, 1964.) 8.04.335 Nondiagnostic general health assessment program. "Nondiagnostic general health assessment program" means any program engaged in the testing of human biological specimens for the purpose of referral to licensed sources of care, subject to the provisions of Sections 1244 and 1244.1 of the Business and Professions Code. (Ord. 91- 0098 § 6, 1991.) 8.04.337 Notice of closure. "Notice of closure" means a public notice that may be posted by the county health officer at a food facility upon suspension or revocation of the facility's public health permit and that results in the immediate closure of the facility and the discontinuance of all operations of the food facility, by order of the county health officer, because of violations of applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. (Ord. 2010-0045 § 7, 2010; Ord. 2006-0040 § 33, 2006: Ord. 97-0071 § 4 (part), 1997.) 8.04.339 Owner initiated inspection. hrip://search.municode.com/html/16274/ DATA/TITLE08/Chapter 8_04 PUBLIC_HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL"'-" LICENSES Page 18 of 46 "Owner initiated inspection" means an inspection of a food facility that is conducted no more than once in any 12 month period by the county health officer at the request. of a food facility's owner to provide the food facility the opportunity to improve the letter grade or numerical score issued by the county health officer pursuant to the provisions of this chapter: (Ord. 98-0037 § 1, 1998.) 8.04.340 Person. "Person" means individual, partnership, firm or corporation. (Ord. 8609 Art. 1 § 4, 1964.) 8.04.345 Picnic food service operation. "Picnic food service operation" means any food preparation or service provided by a food caterer who has been issued a public health permit and who operates an itinerant restaurant for a temporary period of time not to exceed 250 hours of food serving at any one location or on any one premises during a calendar year. (Ord. 96-0069 § 10, 1996: Ord. 93-0055 § 2, 1993: Ord. 83-0116 § 1, 1983.) 8.04.347 Plan check and site evaluation. "Plan-check and site evaluation" means initial submission, review and approval of construction plans for business categories subject to this title, allowing for two plan reviews, one interim and one final site visit to-grant approval of improvements. The health .officer shall recover the reasonable expenses incurred in making necessary additional site inspections in order to grant final approval to an applicant for such approval. (Ord. 93-0055 § 3, 1993.) 8.04.350 Poultry. "Poultry" means chickens, ducks, geese, turkeys and all other similar domestic birds or fowl. (Ord. 8609 Art. 2 § 73, 1964.) 8.04.360 Private boarding school. "Private boarding school" means any institution providing room and board and giving a course of training similar to that given in any grade of public school or college, but shall not include any establishment maintained by a public school. or college, nor shall it include children's camps as defined in Section 8.04.080. A private boarding school may prepare and serve food to its students and employees without being classed as a "restaurant" as defined in Section 8.04.400. (Ord. 8848 § 5, 1965: Ord. 8609 Art. 2 § 75, 1964.) 8.04.370 Processor-owned milk-delivery vehicle. "Processor-owned milk-delivery vehicle" means any vehicle owned by a processor of milk used for the delivery of milk at retail processed by such processor. (Ord. 8713 § 2 (part), 1964: Ord. 8609 Art. 2 § 75.5, 1964.) 8.04.372 Public health license. "Public health license" means a written authorization, issued by the county treasurer-tax collector, to conduct a particular business or a particular occupation which is subject to regulation by the county and without which license said conduct would be unlawful. (Ord. 96-0069 § 11, 1996.) 8.04.373 Public health permit. http://search.municode.com/html/16274/ DATA/'I'ITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL" "LICENSES Page 19 of 46 "Public health permit" means a written authorization to operate a food establishment or food facility, including but not limited to a food demonstrator, retail food market, retail food vehicle, dairy food vehicle, mobile food preparation unit, personal hawker, or vending machine, issued by the county treasurer-tax collector, without which permit said operation would be unlawful. (Ord. 96-0069 § 12, 1996.) 8.04.380 Public swimming area. "Public swimming area' means any body of water used for swimming and open to the public, operated, maintained br supervised by any person who receives from the public, for its use, any money or other form of compensatipn, goods, wares, merchandise, labor or otherwise, but does not mean a swimming pool, or the area used for swimming along the Pacific Ocean. (Ord. 8609 Art. 2 § 76, 1964.) 8.04.390 Public water system. "Public water system° means any collection, treatment, storage or distribution facilities for the provision of piped water to the public, for domestic use, with at least five service connections, or regularly serving an average of at least 25 individuals daily at least 60 days out of the year. (Ord. 12110 § 2, 1980: Ord. 9578 § 6 (part), 1968: Ord. 8609 Art. 2 § 90, 1964.) 8.04.400 Restaurant. A. "Restaurant" means any coffee shop, cafeteria, short-order cafe, sandwich stand, luncheonette, tavern, cocktail lounge, soda fountain, temporary refreshment stand, private school cafeteria or eating establishment, and any other eating or drinking establishment, organization or club, including veterans' club, boarding house or guest house, which gives, sells or offers for sale, food or drink to the public, guests, patrons or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering functions. 8. "Restaurant" includes a snack bar or refreshment stand on the premises of any drive-in or walk-in theater if food items are prepared on the premises for sale at such snack bar or refreshment stand. G'Restaurant" shall not include vending machines, vehicles, cooperative arrangements by employees who purchase food or beverages for their own consumption and where no employee is assigned full-time to care for or operate equipment used in such arrangement, or private homes; nor shall the term "restaurant" include churches, church societies, private clubs or other nonprofitassociations of a religious, civic improvement, philanthropic, social, political or educational nature, which purchase food, food products or beverages, or which receive donations to their members, or for service or sale at a reasonable charge to their members or to the general public at occasional fundraising events, for consumption on or off the premises at which the food, service of such food, food products or beverages does not constitute a primary purpose or function of the club or association, and if no employee or member is assigned full-time to care for or operate equipment used in such arrangement. (Ord. 10278 § 2, 1971; Ord. 10030 § 1 (part), 1970: Ord. 8609 Art. 2 § 78, 1964.) 8.04.403 Route location. The owner/operator of a mobile food facility or mobile support unit shall complete a Mobile Food Facility Route Sheet, obtained from the county health officer, listing the complete address, telephone number and arrival/departure times of each location where the retail food business is being conducted. The Mobile Facility Rcute Sheet shall be maintained on file at the Vehicle Inspection Program. The owner/operator of a mobile food facility or mobile support unit shall notify the county health officer of any significant changes to the Mobile Food Facility Route Sheet. Failure to provide an accurate and current Mobile Food Facility Route Sheet may result in suspension or revocation of the public health license or permit.. (Ord. 2010-0045 § 8, 2010.) http://search.municode.com/htmU16274/_DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL' "LICENSES Page 20 of 46 8.04.405 Routine inspection. "Routine inspection" means a periodic, unannounced inspection of any business or occupation specified in Section 8.04.720 to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. A routine inspection shall not mean an inspection conducted by the county health officer to determine compliance with a previously issued food official inspection report or any interim inspection conducted to determine compliance with specific regulations or legal requirements. (Ord. 97-0071 § 5 (part), 1997.) 8.04.410 Section. Unless otherwise indicated by the context, "section" means a section of this chapter. (Ord. 8609 Art. 1 § 11, 1964.) 8.04.420 Septic tank, cesspool, chemical toilet or sewage seepage-pit cleaning vehicle. "Septic tank, cesspool, chemical toilet or sewage seepage-pit cleaning vehicle" means any vehicle used in whole or in part for the transportation of septic tank, cesspool, chemical toilet or sewage seepage-pit cleanings. (Ord. 8609 Art. 2 § 80, 1964.) 8.04.430 Shall and may. The word "shall" is mandatory, the word "may" is permissive. (Ord. 8609 Art. 1 § 5, 1964.) 8.04.432 Soft serve. "Soft serve" means the manufacturing of dairy and non-dairy products, as defined in the State Food and Agriculture Code, which include the following: ice cream from ice cream mix, or frozen yogurt from frozen yogurt mix, or Iowfat yogurt from lowfat yogurt mix, or lowfat frozen dairy dessert from lowfat frozen dairy dessert mix, or nonfat frozen dairy dessert from nonfat frozen dairy dessert mix, when such products are-manufactured from a dispensing freezer unit and are dispensed directly in a semifrozen state, to a retail. customer at a food establishment or food facility which has been issued a valid public health permit by the county health officer. (Ord. 96- 0069 § 13,1996 J 8.04.433 Soft serve sampling. "Soft serve sampling" means the securing of a sample of soft serve, by the county health officer, from a dispensing freezer unit of a food establishment or food facility, for' laboratory testing to ensure that the sample does not exceed the maximum limits for bacteria, yeast or mold, as specified in the State Food and Agriculture Code. (Ord. 96-0069 § 14, 1996.) 8.04.434 Soft serve resampling. "Soft serve resampling" means the third and all subsequent, additional, consecutive soft serve sampling, from a dispensing freezer unit of a food establishment or food facility, where laboratory testing of the two previous soft serve samplings demonstrated that the two previous soft serve samplings exceeded the maximum limits for bacteria, yeast or mold, as specified in the State Food and Agriculture Code. (Ord. 96-0069 § 15, 1996.) 8.04.435 Swap meet prepackaged food stand. http://search.municode.com/htmU16274/ DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL"--' LICENSES Page 21 of 46 "Swap meet prepackaged food stand" means a food facility, as defined by Section 113785 of the California Health and Safety Gode, other than a retail food vehicle, operated at a swap meet, by a swap meet operator or its lessee, that offers for sale, or gives away, only prepackaged foods. As used in this section, "swap meet" and "swap meet operator" shall have the meanings set forth in Section 21661 of the Business and Professions Code. (Ord. 96-0069 § 16, 1996: Ord. 93-0055 § 4, 1993.) 8.04.440 Swimming pool. "Swimming pool" means any artificial pool, pond or body of water used or intended for swimming or bathing, except a private pool or pond maintained in connection with a single, two, three or four-family residence and available only to the families of the householders and their private guests. (Ord. 8609 Art. 2 § 81, 1964.) 8.04.450 Tax collector. "Tax collectors means the tax collector of the county of Los Angeles, or his duly authorized representative. (Ord. 8609 Art. 1 § 3, 1964) 8.04.460 Theater. A. "Theater" means any building, room or place where any play, motion picture, concert, opera, circus, trick or jugglery show, dr gymnastic exhibition is held, given or shown, and where an admission fee is charged. B. For fee purposes, "theater" shall not include cafes, nightclubs, and similar establishments which have a valid restaurant public health permit and where the seats for the audience are counted in computing the restaurant public health permit fee. C. A "theater" may, however, have a snack bar or a refreshment stand without being classified as a restaurant, if no food items are prepared on the premises. (Ord. 96-0069 § 17, 1996: Ord. 94- 0052 § 11, 1994: Ord. 10030 § 1 (part), 1970: Ord. 8609 Art. 2 § 82, 1964.) 8.04.470 Toilet rental agency. "Toilet rental agency".means any person who supplies or maintains toilet structures to be used for temporary periods. (Ord. 8848 § 7 (part), 1965: Ord. 8609 Art. 2 § 83, 1964.) 8.04.480 Toilet structure. "Toilet structure" means any room or compartment provided and maintained for a temporary period of time at a construction site or other similar temporary location, to be used for defecation or urination purposes. Said room or compartment may include but is not limited to a chemical toilet or awater-closet room satisfactory for the purposes for which it is intended to be used. (Ord. 8609 Art. 2 § 84, 1964.) 8.04.485 Tobacco Retailing. "Tobacco retailing" means selling, offering for sale or distribution, exchanging, or offering to exchange, for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, without regard to-the quantity sold, distributed, exchanged, or offered for exchange. (Ord. 2007- 0118 § 1, 2007.) 8.04.490 Tourist court or motel. "Tourist court" or "motel" means a group of attached or detached buildings containing six or more http://search.municode.com/htm]/16274/ DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL'' LICENSES Page 22 of 46 individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto cdurts, motels or motor lodges. (Ord. 8609 Art. 2 § 85, 1964.) 8.04.500 Vending machine. A. "Vending machine° means any self-service device offered for public use, which upon the insertion of coins, or tokens, or by other means dispenses unit servings of food or drink, either in bulk, cups or in packages, without the necessity of replenishing the device between each vending operation. B. For purposes of this chapter, however, 'Pending machine' shall. not include vending machines that dispense, exclusively, bottled drinks, gum, candy or other not readily perishable food when it is determined by the health officer that such vending machines do not require routine inspection for the protection of the public health. (Ord. 8609 Art. 2 § 86, 1964.) 8.04.510 Vending machine business. "Vending machine business' means the business of selling food or drinks by means of vending machines by one person, regardless of the number of locations at which the vending machines are located. (Ord. 8642 § 1 (part), 1964: Ord. 8609 Art. 2 § 87, 1964.) 8.04.520- Water treatment system. "Water treatment system" means any water-using orwater-operated equipment; mechanism, device or contrivance installed on any domestic water-supply line to or within any consumer premises, for use with or without the introduction of chemicals for purposes of water treatment. Approved salt (sodium chloride) regenerated zeolite water-softeriers are excepted for purposes of this chapter. (Ord. 12110 § 10, 1980: Ord. 8609 Art. 2 § 90.5, 1964.) 8.04.525 Well yield test. A well yield test means the established protocol acceptable to the director by which an authorized tester as defined in 11.38.275, investigates the sustainability of a water source through pumping and recovery measurements. (Ord. 2005-0053 § 2, 2005.) 8.04.530 Wiping rag business. "Wiping rag business," as used in this chapter, means the business of laundering, sanitizing or selling wiping rags. (Ord. 11545 § 2 1977: Ord. 8609 Art. 2 § 91, 1964.) Part 2 GENERAL LICENSING REQUIREMENTS 8.04.540 Purpose and statutory authority of chapter provisions. The purpose of the ordinance codified in this chapter is to establish a public health license and public health permit fee system for activities subject to state statutes, orders, quarantines, rules or regulations relating to public health, so that county expenses resulting from enforcement of such state statutes, rules or regulations are offset by the fees collected. The authority for this chapter is Section 101325 of the California Health and Safety Code and Section 33252 of the Food and Agricultural Code. (Ord. 96-0069 § 18, 1996: Ord. 93-0055 § 5, 1993: Ord. 12258 § 1 1980: Ord. 8609 Art. 1 § 6, 1964.) http://search.municode.com/htmU16274/ DATA/'I'ITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL'' LICENSES 8.04.550 Jurisdiction. Page 23 of 46 Public health licenses and permits required by this chapter shall be required of any business or activity within the area in which the county health officer enforces any state statute, order, quarantine, rule or regulation relating to public health, whether within or outside an incorporated city. (Ord. 96-0069 § 19, 1996: Ord. 8609 Art. 1 § 7, 1964.) 8.04.560 Business infixed location--Public health license and permit requirements. Any person conducting, at a fixed location, any business, occupation or other activity listed in Section 8.04.720 of this chapter within the geographic area under the jurisdiction of the county health officer shall procure a county public health license or permit from the county treasurer-tax collector. Such license or permit shall be in addition to any other license or permit required by this county or by any other public jurisdiction. (Ord. 96-0069 § 20, 1996: Ord. 88-0106 § 1, 1988: Ord. 8609 Art. 1 § 12, 1964.) 8.04.570 Business infixed location--Receipted tax bill in lieu when. Notwithstanding Section 8.04.560, any person conducting at a fixed location any business, occupation or other activity which is the subject of a direct assessment pursuant to Part 3 of this chapter shall be permitted to use their receipted tax bill in lieu of a public health license.. (Ord. 12167 § 1 (part), 1980: Ord. 8609 Art. 1 § 12.1, 1964.) 8.04.580 Itinerant businesses--Public health permit requirements. A. Any person conducting a business, occupation or other activity listed in Section 8.04.720 of this chapter within the geographic area under the jurisdiction of the county health officer, but not at a fixed location, shall procure each year a county public health permit from the treasurer-tax collector of this county. Such permit shall be in addition to any other license or permit required by this county or by any other public jurisdiction. B. Either the lessor or the lessee of a food vehicle must obtain a permit. If the lessor obtains the permit and there is a change in the lessee, he shall notify the treasurer-tax collector and the county health officer and obtain-anew permit. If a lessee obtains the permit, any subsequent lessee shall obtain a new permit. (Ord. 96-0069 § 21, 1996: Ord. 88-0106 § 2, 1988: Ord. 9354 § 1 (part), 1967: Ord. 8609 Art. 1 § 13, 1964.) 8.04.590 Separate public health licenses and permits for separate activities. If a person engages in, conducts, manages or carries on at the same time more than one of the activities for which a public health license or permit is required by this chapter, he shall be deemed to be engaging in, conducting, managing and carrying on each such activity separately and apart from the other such activity, and a separate license or permit shall be procured for each activity, whether located on the same premises or not, except in those cases specifically mentioned in this chapter. (Ord. 96-0069 § 22, 1996: Ord. 8848 § 1 (part), 1965: Ord. 8609 Art. § 14, 1964.) 8.04.595 Public health license and permit--Annual certification inspection. The owner/operator of a mobile food facility or mobile support unit shall obtain an annual certification inspection from the county health officer. The enforcement agency shall initially approve all mobile food facilities and mobile support units as complying with California Health and Safety Code Chapters 1-8, inclusive, 10 and 13. The county health officer shall then issue a certification sticker which shall be affixed to the mobile food facility or mobile support unit. The .sticker will be valid during the fiscal year corresponding to the mobile food facility's or mobile http://search.municode.com/htmU16274/ DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL" -LICENSES Page 24 of 46 support unit's current public health operating permit. Failure to secure an annual certification sticker shall result in a suspension or revocation of the public health license or permit. (Ord. 2010-0045 § 9, 2010.) 8.04.600 Public health license and permit--Application requirements. Every person desiring a public health license or permit to conduct any business, occupation or other activity provided for in this chapter shall file an application with the treasurer-tax collector upon a farm to be provided by the treasurer-tax collector, and at such time pay the required fee and penalty, if any. (Ord. 96-0069 § 23, 1996: Ord. 88-0106 § 3, 1988: Ord. 8609 Art. 1 § 20, 1964.) , 8.04.610 Public health license and permit--Treasurer-tax collector action on application. Upon receipt of an application and public health license or permit fee, the treasurer-tax collector shall complete the license or permit form by filling in all pertinent data, shall give the original to the licensee or permittee, the duplicate to the county auditor-controller, and the triplicate to the county health officer, and shall retain the remaining copy or copies. (Ord. 96-0069 § 24, 1996: Ord. 88-0106 § 4, 1988: Ord. 8609 Art. 1 § 21, 1964.) 8.04.620 Biennial certification examination fee. Certified backflow prevention device testers shall be examined biennially to certify their competence in backflow prevention device testing and reporting. An examination fee shall be established to offset the costs of administering the certification examination. (Ord. 12110 § 4, 1980: Ord. 8609 Art. 1 § 12.1, 1964.) 8.04.630 Water treatment system evaluation investigation fee. Proposals for installation of water treatment systems shall be investigated and evaluated to determine the need for and suitability of the proposed water treatment system. A fee shall be established to offset the costs of the water treatment system evaluation investigation. (Ord. 12110 § 5, 1980: Ord. 8609 Art. 1 § 12.2, 1964.) 8.04.635 Plan check requirements far certain business classifications. A. Every person proposing to construct, remodel or change the public health license or permit classification of any business listed in Section 8.04.725 of this chapter shall make application to the county health officer and submit the required plan checking fees at the time of submission of plans to the county health officer. B. Such plan checking fees are in addition to any other public health license or permit fees which may be required for the operation of these establishments. (Ord. 96-0069 § 25, 1996: Ord. 88- 0106 § 5, 1988: Ord. 12188 § 1, 1980: Ord. 8609 Art. 1 § 12.3, 1964.) 8.04.640 Public health license and permit--Period of validity--Renewals--Fee proration. A. Except as provided in subsection B of this section, public health licenses and permits required by this chapter shall be issued for a period of one year, with the license and permit year beginning on July 1st, and extending through June 30th of the following year. Such licenses and permits shall be renewable from year to year upon payment, on or before the delinquency date of each such year, of the fee required by Sections 8.04.710 and 8.04.720 of this chapter, or upon payment of such fee plus penalties. http://search.municode.com/htmU16274/ DATA/TITLE08/Chapter 8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL" '.LICENSES Page 25 of 46 B. Where an initial public health license or permit is issued to a person for a business or activity commencing during a license or permit year, the license or permit fee shall be: 1. If the business commences during the months of July, August or September, the full annual fee; 2. If the business commences during the months of October, November or December, three- quarters of the annual fee; 3. If the business commences during the months of January, February or March, one-half of the annual fee; 4. It the business commences during the months of April, May or June, one-quarter of the annual fee. C. License fees placed on the secured tax roll pursuant to Part 3 of this. chapter shall not be prorated. (Ord. 96-0069 § 26, 1996: Ord. 94-0052 § 12, 1994: Ord. 88-0106 § 6, 1988: Ord. 12167 § 1 (part), 1980: Ord. 8609 Art. 1 § 17, 1964.) 8.04.645 Fees for additional reinspections of food-related businesses. In addition to the public health license and permit fees provided by Section 8.04.640, all persons engaged in the sale or processing of food shall pay the appropriate reinspection fee listed in Section 8.04.720 of this chapter. A reinspection fee shall be due and payable whenever: A. The county health officer has given written notice of a public health code violation or violations to the person who owns or operates such a business, and the notice contains a reinspection date by which the violation or violations must be corrected; B. The violation or violations have not been corrected by the reinspection date provided on the notice of violation; and C. An additional reinspection is necessary to determine that the violation or violations have been corrected. (Ord. 96-0069 § 27, 1996: Ord. 89-0080 § 1, 1989.) 8.04.650 Notices to be given. A. All written notices of violations to food-related businesses shall contain the following written notice: "NOTICE-Failure to correct the above violations by the reinspection date noted above may result in additional feesfor reinspections." B. When an additional reinspection fee is due and payable pursuant to Section 8.04.645 of this chapter, the county health officer shall .provide a written notice of additional reinspection fee and the delinquency date for payment of the fee to the person engaged in such business and to the treasurer-tax collector. The written notice shall provide the following warning: "Notice-Because of necessary additional reinspections of your business, you must pay a fee of lamount of fee). The fee is payable to the treasurer-tax collector and must be received or postmarked on or before (date of delincuencvl. Failure to pay such fee by this date shall result in the assessment of a penalty of $50.00, plus interest of 1-1 /2 per month, in addition to the underlying fee." (Ord. 89-0080 § 2, 1989.) 8.04.655 Collection of reinspection fee. The reinspection fee, interest at the rate set forth in Section 8.04.840 and any penalty thereon shall be collected by the treasurer-tax collector. The treasurer-tax collector may bring suit to collect such fee, interest and penalty or add the unpaid balance to the amount due for any subsequent public health license or permit renewal or license or permit applicatiori by the person who owns or operates such food-related business. The total amount due shall be the license or permit fee for such business. (Ord. 96-0069 § 28, 1996: Ord. 89-0080 § 3, 1989.) 8.04.660 Public health license orpermit--Fictitious name restrictions. http://search.municode.com/htmU16274/ DATA/TITLE08/Chapter 8_04_PUBLIC_HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL'" -LICENSES Page 26 of 46 A. A public health license or permit may be issued pursuant to this chapter to a corporation duly authorized to transact business in this state, or to a person operating under a fictitious name who has complied with all of the provisions of Section 1790 et seq. of the Business and Professions Code of this state or any statute superseding or taking the place of such code sections. Otherwise, all such licenses or permits shalt be issued in the true name of the individual or individuals applying therefor. Except as above provided, no business so licensed or issued a permit may operate under any false or fictitious name. B. A public health license or permit issued to a corporation shall designate such corporation by the exact name which appears in the articles of incorporation of such corporation. (Ord. 96-0069 § 29, 1996: Ord. 88-0106 § 8, 1988: Ord. 8609 Art. 1 § 15, 1964.) 8.04.670 Fee exemptions--Blind persons. A. The treasurer-tax collector shall issue without fee a public health license or permit to any blind person who otherwise would be entitled to such license or permit if such person files with the treasurer-tax collector a certificate by a licensed physician and surgeon or by the Department of Rehabilitation of the state of California that he is a blind person as those words are used in this section. B. As used in this section a "blind person" means a person having not more than 10 percent visual acuity in the better eye with correction. (Ord. 96-0069 § 30, 1996: Ord. 88-0106 § 9, 1988: Ord. 8689 § 1, 1964; Ord. 8609 Art. 1 § 32, 1964.) 8.04.690 Fee exemptions--Charitable institutions. Any person or organization which conducts, exclusively for charitable purposes, an activity for which a public health license or permit is required under this chapter and from which no person benefits through the distribution of profits, payment of excessive charges or compensation, or the more advantageous pursuit of their business or profession shall not be charged any fee for such license or permit. Facts showing entitlement to such exemption from a fee requirement shall be shown by affidavit filed with the treasurer-tax collector. (Ord. 96-0069 § 31, 1996: Ord. 91-0098 § 8, 1991: Ord. 88-0106 § 10, 1988: Ord. 8848 § 1 (part), 1965: Ord. 8689 § 2, 1964: Ord. 8609 Art. 1 § 33, 1964.) 8.04.700 Fee exemptions--Conditions for charitable activities. An activity for which a public health license or permit is required by this chapter shall be deemed to qualify for a no-fee license or permit pursuant to Section 8.04.690 if: A. It complies with Section 214 of the California Revenue and Taxation Code as now or hereafter amended; B. If a day care center, it complies with Sections 214 and 221 of the California Revenue and Taxation Code as now or hereafter amended; C. If a private boarding school, it complies with Section 214.5 of the California Revenue and Taxation Code as now or hereafter amended, or Article XIII, Section I-a of the State Constitution. as now or hereafter amended, or is so conducted that if it owned real property on which such private boarding school is conducted such real property would be exempt pursuant to said Section 214.5 or Section I-a. (Ord. 96-0069 § 32, 1996: Ord. 9127 § 1, 1966: Ord. 8609 Art. 1 § 33.1, 1964.) 8.04.705 Fees for unlicensed activities. A. The county shall recover the cost of the health officer's enforcement activities when they are otherwise not regulated by a public health license or permit as listed in Section 8.04.720. The county shall also recover any reasonable costs that it may incur in connection with the collection of such fees. B. The fee shall be assessed when: 1. The health officer has issued an official inspection report requiring correction of a condition found to exist on property owned, maintained or occupied by the person or persons liable for http://search.municode.com/htmU16274/ DATA/'I'ITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL' LICENSES Page 27 of 46 such condition; and 2. The condition has been corrected or the health officer has spent at (east three hours in attempting to obtain correction of the condition. C. The fee shall be determined by the enforcement effort made to obtain correction, as follows: One hour or less $ 50.00 More than one but less than three hours 125.00 'Three or more hours 250.00 (Ord. 96-0069 § 33, 1996: Ord. 93-QO55 § 6, 1993.) 8.04.710. Fee requirements generally. Unless otherwise specified, the annual public health license or permit fees required to be paid to perform or carry on, conduct or engage in any of the businesses, occupations, institutions or acts set forth in Section 8.04.720 within the area under the jurisdiction of the county health officer shall be as listed in Section 8.04.720. (Ord. 97-0055 § 4, 1997: Ord. 96-0069 § 34, 1996: Ord. 12157 § 1 (part), 1980: Ord. 12136 § 1 (part), 1980: Ord. 12110 § 3 (part), 1980: Ord. 11931 § 1 (part), 1979: Ord. 11725 § 1 (part); 1978: Ord. 11524 § 4 (part), 1977: Ord. 11344 § 3 (part), 1976: Ord. 8609 Art. 3 § 101, 1964.) 8.04.715 Duty to obey health officer. In addition to paying the fee prescribed in Section 8.04.720; in order to perform or carry on, conduct or engage in any of the businesses, occupations, institutions or acts set forth in Section 8.04.720 within the area under the jurisdiction of the county health officer, and as a condition of the continued validity of a health license or permit, all persons shall comply with all state statutes, orders, quarantines, rules, regulations, or directives relating to the public health. (Ord. 97-0055 § 5, 1997.) 8.04.720 Fee schedule. Animal keeper Category I $255.00 Category II 317.00 Category III 384.00 Boarding home: 5 to 15 persons 231.00 16 or more persons 358.00 Body art: Body art establishment 132.00 Body art technician independent operator 132.00 Certified farmers' markets: Number of certified producers: 1 to 20 327.00 21 to 35 561.D0 http://search.municode.coxn/htmU16274/ DATA/TITLE08/Chapter 8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL'" "LICENSES Page 28 of 46 36 or more 932.00 Children's camp 392.00 Commercial sex venue 1,088.00 Commercial laundry: Less than 4,000 square feet 167.00 More than 4,000 square feet 365.00 Day care center. 7 to 15 children cared for 273.00 16 or more children 369.00 Fertilizer manufacturer 700.00 Food demonstrator 158.00 Reinspection 51.00 Food market, retail More than 10, but less than 51 square feet 233.00 51 square feet, but less than 2,000 square feet 553.00 2,000 square feet, but less than 6,000 square feet 710.00 6,000 square feet or more 1,044.00 Reinspection--all sizes 106.00 Food market, wholesale 553.00 Reinspection 212.00 Food market complex, wholesale 354.00 Food processing establishment: Less than 2,000 square feet of food preparation rooms 944.00 2,000 to 5,999 square feet of food preparation rooms 1,632.00 6,000 square feet or more of food preparation rooms 2,456.00 Reinspection-all sizes 298.00 Food salvager 1,734.00 Reinspection 381.00 Food vehicle: a. Independent wholesale: For each vehicle 98.00 Reinspection 56.00 b. Retail: For each vehicle 297.00 Reinspection 99.00 c. Dairy: http://search.municode.com/htmU16274/_DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL" 'LICENSES For each vehicle 98.00 Reinspection 56.00 d. Limited 532.00 Reinspection 176.00 e. Unpackaged food vehicles which sell or dispense 380.00 nuts, produce, pretzels and similar bakery products, or candy Reinspection 127.00 f. Unpackaged food vehicles which sell or dispense 532.00 popcorn, snow cones, hot dogs, or whole fish Reinspection 176.00 g. Prepackaged 301.00 Reinspection 100.00 Food vehicle commissary: 0 to 10 vehicles 487.00 11 to 60 vehicles 890.00 61 vehicles and above, plus trucks 1,467.00 Reinspection of all sizes 163.00 Food vehicle storage facility 332.00 Reinspection 40.00 Food vehicle cleaning and storage facility 366.00 Reinspection 95.00 Food warehouse 487.00 Reinspection 175.00 Fruit and vegetable market, wholesale 553.00 Reinspection 212.00 Garment manufacturing establishment: Less than 1,000 square feet 390.00 1,001 to 4,999 square feet 508.00 5,000 to 9,999 square feet 611.00 10,000 to 19,999 square feet 730.00 More than 20,000 square feet 876.00 Hotel without swimming pool 6 to 10 rooms 351.00 11 to SO rooms 547.00 51 rooms and over 1,474.00 Hotel with swimming pool: Page 29 of 46 http://seazch.municode.com/htmU16274/ DATA/'fITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL" "LICENSES 6 to 10 rooms 650.00 11 to 50 rooms 846.00 51 rooms and over 1,775.00 Laundry (self-service): Less than 4,000 square feet of work rooms 167.00 4,000 square feet or more of work rooms 365.00 Milk warehouse 164.00 Mobile food-preparation unit 695.00 Reinspection 231.00 Multiple-dwelling units without swimming pool: Apartments--5 to 10 units 203.00 Apartments--11 to 20 units 303.00 Apartments-21 to 50 units 370.00 Apartments--51 to 100 units 447.00 Apartments--101+ units 468.00 Condominiums--5 to 20 units 93.00 Condominiums--2T to 50 units 139.00 Condominiums--51 or more units 183.00 Multiple-dwelling units with swimming pool: Apartments--5 to 10 units 379.00 Apartments--11 to 20 units 484.00 Apartments--21 to 50 units 565.00 Apartments-51 to 100 units 662.00 Apartments-101+ units 685.00 Condominiums-5 to 20 units 243.00 Condominiums--21 to 50 units 289.00 Condominiums--51 or more units 332.00 Personal hawker 158.00 Reinspection 51.00 Pet food store 233.00 Reinspection 108.00 Picnic service operator 618.00 Private boarding school 485.00 Processor-owned milk-delivery vehicle: For each vehicle 68.00 Public water system: Page 30 of 46 http://search.municode.com/htmU16274/_DATA/'i'ITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL" LICENSES a. State small water systems 1,104.00 b. Community water systems: 200 to 1,000 services or users 1,629.00 1,001 to 5,000 services or users 1,940.00 5,001 or more services or users 2,512.00 Restaurant: For seating capacity of: Under 11 553.00 11 to 30 707.00 31 to 60 817.00 61 to 100 915.00 101 to 150 1,160.00 151 to 200 1,180.00 201 to 400 1,294.00 401 or over 1,468.00 Reinspection: 1 to 100 seats 109.00 Reinspection: 101 or more seats 107.00 (In computing drive-in restaurant seating capacity, each customer parking space shall be calculated as equivalent to a seating capacity of two. Notwithstanding any of the foregoing, when the restaurant is a snack bar or refreshment stand on the premises of a walk-in or drive-in theater, as set forth in Section 8.04.400 of this chapter, the fee shall be equivalent to that imposed on a restaurant of less than 11 seats.) Septic tank, cesspool, chemical toilet or sewage seepage pit: For each cleaning vehicle 225.00 Swap meet prepackaged food stand 158.00 Reinspection 51.00 Swimming pool or public swimming area 297.00 Theater (including drive-in) 205.00 Tobacco Retail Licerise Fee 235.00 Toilet rental agency 459.00 Tourist court without swimming pool: 6 to 10 rooms 351.00 11 to 50 rooms 547.00 51 or more rooms 1,474.00 Tourist court with swimming pooL• Page 31 of 46 http://search.municode.comlhtmU16274/ DATA/I'ITLE08/Chapter 8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL" LICENSES Page 32 of 46 6 to 10 rooms 650.00 11 to 50 rooms 846.00 51 or more rooms 1,775.00 Vending machines 62.00 Reinspection 28.00 Wiping rag business 167.00 (Ord. 2007-0118 § 2, 2007; Ord. 20Q7-0089 § 3, 2007; Ord. 2007-0088 § 1, 2007: Ord: 2006- 0057 § 1, 2006: Ord. 2006-0004 § 2, 2006; Ord. 2005-0053 § 3, 2005: Ord. 2004-0047 § 1, 2004: Ord. 2003-0061 § 1, 2003: Ord. 2002-0066 § 10, 2002: Ord. 2001-0069 § 1, 2001: Ord. 99-0039 § 10, 1999: Ord. 98-0037 § 2, 1998: Ord. 96-0069 § 35, 1996: Ord. 94-0060 § 1, 1994: Ord. 94- 0052 § 13, 1994: Ord. 93-0055 § 7, 1993: Ord. 93-0009 § 2, 1993: Ord. 92-0078 § 2, 1992: Ord. 91-0098 § 9, 1991: Ord. 90-0149 § 6, 1990: Ord. 90-0090 § 1, 1990: Ord. 89-0080. § 4, 1989: Ord. 88-0106 § 11, 1988: Ord. 87-0064 § 1, 1987: Ord. 86-00990 § 1, 1986: Ord. 85-0111 U § 1, 1985: Ord. 84-0099 § 1, 1984: Ord. 84-00970 § 1, 1984: Ord. 83-0157 § 2, 1983: Ord. 83-0116 § 2, 1983: Ord. 83-0054 § 1, 1983: Ord. 82-0148 § 2, 1982; Ord. 82-0079 § 1,..1982: Ord. 81-0055 § 1, 1981: Ord. 12301 § 1 (part), 1981; Ord. 12363 § 1 (part), 1981: Ord. 12258§§ 4 and 5, 1980; Ord. -12157 § 1 (part), 1980: Ord. 12136 § 1 (part), 1980: Ord. 12110 § 3 (part), 1980: Ord. 12018 § 2, 1979; Ord. 11931 § 1 (part), 1979: Ord. 11725 § 1, 1978: Ord. 11545 § 3, 1977; Ord. 11544 §§ 4 and 5, 1977; Ord. 11524 § 4, 1977: Ord. 11355 § 3 (part), 1976: Ord. 11148 § 1, 1975: Ord. 11142 § 1, 1975: Ord. 10931 § 1, 1974: Ord. 10701 § 1, 1973: Ord. 10529 § 1, 1972: Ord. 10030 § 1 (part), 1970: Ord. 9803 § 4 (part), 1969: Ord. 9613 § 1, 1968: Ord. 9578 §§ 1, 6 (part), 7-9, 1968: Ord. 9354 §§ 3 (part) and 4, 1967: Ord. 9127 §§ 2 (part) and 3, 1966: Ord. 8852 §§ 5--7, 1965: Ord. 8848 §§ 7 (part), 8--14, 1967: Ord: 8713 § 2 (part), 1964: Ord. 8642 § 1 (part), 1964; Ord. 8609 Art. 3 §§ 101.9-130, 1964). 8.04.725 Plan check and site inspection fees. The plan check and site inspection fees required to be paid at the time of submitting plans are as follows: Business Classification Plan Check and Site Inspection Fees Body art establishment 269.00 Mobile body art establishment 269.00 Cross-connection 1,348.00 Food facility remodel,- 300 square feet or less 274.00 Food market; wholesale and retail: 10 to 50 square feet 317.00 51 to 1,999 square feet 483.00 2,000 to 5,999 square feet 638.00 6,000 or more square feet 799.00 Food processing establishment: 1 to 1,999 square feet 502.00 http://seazch.municode.com/htmU16274/_DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL''" LICENSES 12,000 to 5,999 square feet ( I 799.00 6,000 or more square feet 1,173.00 Food salvager 464.00 Food vehicle, retail 340.00 Food vehicle commissary 365.00 Food vehicle storage facility 175.00 Food vehicle cleaning and storage facility 175.00 Food warehouse 365.00 Laundry facility 119.00 Radiation health: Dental 290.00 Other 572.00 Restaurant: 0 to 60 seats 757.00 61 to 200 seats 1,136.00 201 or more seats 1,213.00 Swimming pool,. public 809.00 Page 33 of 46 (Ord. 2007-0088 § 2, 2007: Ord. 2006-0057 § 2, 2006: Ord. 2005-0053 § 4, 2005: Ord. 2004- 0047 § 2, 2004: Ord. 2003-0061 § 2, 2003: Ord. 2002-0066 § 11, 2002: Ord. 2001-0069 § 2, 2001: Ord. 99-0039 § 11, 1999: Ord. 93-0055 § 8, 1993: Ord. 92-0078 § 3, 1992: Ord. 91-0098 § 10, 1991: Ord. 90-0149 § 7, 1990: Ord. 90-0090 § 2, 1990: Ord. 88-0106 § 12, 1988: Ord. 87- 0064 § 2, 1987: Ord. 86-00990 § 2, 1986: Ord. 85-0111 U § 2, 1985: Ord. 84-0099 § 2, 1984: Ord. 84-00970 § 2, 1984: Ord. 83-0054 § 2, 1983: Ord. 82-0079 § 2, 1982: Ord. 12363 § 1 (part), 1981: Ord. 12188 § 2, 1980: Ord. 8609 Art. 3 § 151, 1964.) 8.04.728 Service charges--Basis--Payment. A. Whenever another government jurisdiction requires a person to secure an inspection, evaluation, report or approval by the county health officer, necessitating the county health officer to provide a service, such person shall pay a fee to offset the costs incurred by the county health officer as set forth in this section. B. Any person who voluntarily seeks to secure, from the county health officer, an inspection, evaluation, report, approval, or other service related to a business not listed in Section 8.04.720 shall pay a fee to offset the costs incurred by the cdunty health officer as set forth in this section. C. Requests for special services described in subsections A and B of this section shall be made on forms provided for that person by the county health officer. Services provided by the county health officer for businesses that are not listed in Section 8.04.720 and that are not detailed in the following schedule shall be charged at the rate of $68.00 per hour. All applicable fees, as provided in this chapter, shall be paid at the time of application. D. The following is the schedule of fees for services provided by the county health officer. Failure to pay said fees constitutes a violation of this section and may be prosecuted as such. IlBackflow prevention assembly (each): II $20.00 II http://search.municode.com/htmU16274/ DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8:04 PUBLIC HEAL'T'-' LICENSES IBackflow prevention device tester: Biennial certification examination tester fee 296.00 Listing of certified backFlow prevention device testers 240.00 Body art technician: Triennial certificate of registration 32.00 Coastal Commission--Approval in concept 392.00 Entomology: Specimen identification 19.40 Massage parlor: Massage parlor inspection 249.00 Massage technician exam 159.00 Mountain cabin site: Health officer inspection (per United States Forest Service requirements) Functional hourly rate Nondiagnostic laboratories:. Annual. fee, 150.00 Additional fee site 48.00 Additional diagnostic test fee 144.00 Owner initiated inspection 243.00 Private sewage disposal system: Health officer inspection (per VA/FHA requirements) 365.00 Health officer permit (per Title 28, Los Angeles County Code, Ordinance 2269, Section 1109): r~ u New system 786.00 Existing system 721.00 Site transfer/site address change 51.00 Soft serve high count resample 99.00 Swimming pool service exam and certification: -~ Swimming pool service technician exam 166.00 Swimming pool service apprentice certification 32.00 Temporary events (a separate permit and fee is required per event): Carnival 419.00 Carnival concession stand 166.00 Unlicensed activities: Page 34 of 46 http://search.municode.com/htmU16274/ DATA/'I'ITLE08/Chapter 8_04_PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEALT-' LICENSES IOne hour or less I 58.00 More than one hour but less than three hours 142.00 Three or more hours 285.00 Water treatment systems: Evaluation. investigation fee 201.00 Wells: Application for well construction permit; well drilling and 327.00 destroying or conversion of existing well (per requirement of Los Angeles County Code Sections 11.38.150 and 11.38.160) Application for well yield test permit; establishes water 337.00 availabilityfor residential and commercial development (per requirements of Los Angeles County Code Sections 11.38.155 and 11.38.165) Well monitoring 201.00 Page 35 of 46 (Ord. 2007-0088 § 3,2007: Ord. 2006-0057 § 3, 2006: Ord. 2005-0053 § 5, 2005: Ord. 2004- 0047 § 3, 2004: Ord. 2003-0061 § 3, 2003: Ord. 2002-0066 § 12, 2002: Ord. 2001-0069 § 3, 2001: Ord. 99-0039 § 12, 1999: Ord. 98-0037 § 3, 1998.) 8.04.730 Public health license and permit--Contents. Each public health license and permit shall state the person to whom, and the kind of business and the location for which it is issued, and the date of issuance, the license or permit period for which it is issued, and shall refer to this chapter and be signed by the treasurer-tax collector. (Ord. 96-0069 § 36, 1996: Ord. 88-0106 § 13, 1988: Ord. 8848 § 1 (part), 1965: Ord. 8609 Art. 1 § 25, 1964.) 8.04.740 Public health license and permit--Exhibition on request. Every person having a public health license or permit under the provisions of this chapter shall produce and exhibit the same whenever requested to do so by any officer authorized to issue, inspect or collect licenses and permits. (Ord. 96-0069 § 37, 1996: Ord. 8609 Art. 1 § 24, 1964.) 8.04.750 Public health license and permit--Posting at fixed place of business. Every person having a public health license or permit under the provisions of this chapter and conducting, managing or carrying on a business or occupation at a fixed place of business, shall keep such license or permit posted and exhibited while in force in some conspicuous part of said place of business. (Ord. 96-0069 § 38, 1996: Ord. 8609 Art. 1 § 2, 1964.) 8.04.752 Posting requirements--Penalty for noncompliance--Documents available for public review. A. Upon issuance by the county health officer, the health officer shall post at every food facility the letter grade card or the inspection score card as determined by the county health officer, so as to be clearly visible to the general public and to patrons entering the facility. "Clearly visible to the general public and to patrons" means: 1. Posted in the front window of the food facility within five (5) feet of the front door or posted in a http://search.municode.com/htmU16274/ DATA/TITLE08/Chapter 8_04 PUBLIC_HE... 11/12/2010 Chapter 8.04 PUBLIC HEALT-" LICENSES Page 36 of 46 display case mounted on the outside front wall of the food facility within five (5) feet of the front door, 2. Posted adjacent to the pass out window on a mobile food facility, or on the customer service. side of an unenclosed mobile food#acility; or 3. Posted in a location as directed and determined in the discretion of the county health officer to ensure proper notice to the general public and to patrons. B. In the event that a food facility is operated in the same building or space as a separately .licensed or permitted business, or in the event that a food facility shares a common patron entrance with such a separately licensed or permitted business, or in the event of both, the county health officer shall post the letter grade card or the inspection score card in the initial patron contact area, or in a location as determined in the discretion of the county health officer. C. The letter grade card and the inspection score card shall not be defaced, marred, reproduced, copied, camouflaged, hidden or removed. It is unlawful to operate a food facility unless the letter grade card or the inspection score card as determined by the county health officer, is in place as set forth hereunder. Removal of the letter grade card or the inspection score card is a violation of this chapter and may result in the suspension or revocation of the public health permit and shall be punishable as specified in Section 8.04.930. D. Every food facility shall post a legibly lettered sign which displays the following information so as to be clearly visible to the general public and to patrons entering the facility: Any public health concerns regarding this facilityshould be directed to the County of I_os Angeles, Environmental Health office located at: (local office address and telephone number to be provided by the county health officer). E. The food official inspection report upon which the letter grade card or the inspection score card is based and all subsequent reports issued by the county health officer shall be maintained at the food facility and shall be available to the general public and to patrons for review upon request. The food facility shall keep the food official inspection report and all subsequent reports until such time as the county health officer completes the next routine inspection of the facility and issues a new food. official inspection report. (Ord. 2010-0045 § 10, 2010; Ord. 97-0071 § 6 (part), 1997.) 8.04.755 Letter grade card and inspection score card--Period of validity. A letter grade card or inspection score card shall remain valid until the county health officer completes the next routine inspection of the food facility. (Ord. 2010-0045 § 11, 2010; Ord. 97- 0071 § 7 (part), 1997.) 8.04.760 Public health permit--Carrying by itinerants. Every person having such permit and not having a fixed place of business shall carry such permit with him at all times while carrying on the business or occupation for which same was granted. (Ord.. 96-0069 § 39, 1996: Ord. 8609 Art. 1 § 23, 1964.) 8.04.770 Vehicle and equipment identification. The treasurer-tax collector may, when he deems necessary, issue in conjunction with any public health license or permit required by this chapter further identification in the form of a license plate, decal or gummed sticker. Upon issuance of same, he shall, in writing, advise the licensee or permittee as to where this identification is to be affixed. (Ord. 96-0069 § 40, 1996: Ord. 88- 0106 § 14, 1988: Ord. 8609 Art. 1 § 37, 1964.) 8.04.780 Vending machine operator requirements. A. Each food or drink vending machine shall have affixed thereon, in an accessible place, an identification plate made of durable material; setting forth the model number or symbol of the machine and the serial number identifying each machine. http://search.municode.com/htmU16274/_DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEALT-'LICENSES Page 37 of 46 B. In addition; there shall be affixed to each food or drink vending machine a decal or other indication furnished by the treasurer-tax collector that the required public health permit fee has been paid for the current year. C. On or before April 1st of each year, each operator of a food or drink vending machine business shall mail or deliver to the treasurer-tax collector a list of the addresses at which his machines, subject to fee, are located. D. The operator of a food or drink vending machine business shall maintain in its headquarters or principal place of business a current record or list by serial number of every such machine and its location within the area under the jurisdiction of the county health officer. (Ord. 96-0069 § 41, 1996: Ord. 88-0106 § 15, 1988: Ord. 8609 Art. 2 § 88, 1964.) 8.04.790 Public health license and permit--Transfer. A. Any public health permit, once issued, is nontransferable. Apublic health permit shall be valid only for the person, location, and type of activity approved at the time of issuance and, unless suspended or revoked for cause, for the time period indicated. B. A public health license shall be valid only for the person and type of activity approved at the time of issuance: Any public health license required by this chapter may be transferred by the licensee upon application to the county health officer and under the following conditions: 1. Investigation by the county health officer determines the proposed facility and its method of operation will conform to all applicable laws and regulations; 2. The proposed facility remains within the same type of activity and the same category of operation as the original facility, as specified in Section 8.04.720; and 3. The transfer is not in conflict with any applicable law or regulation. C. The county may recover from the person transferring the public health license all reasonable costs that it ihcurs in connection with the transfer. (Ord. 98-0037 § 4, 1998: Ord. 96-0069 § 42, 1996: Ord. 94-0052 § 14, 1994: Ord. 88-0106 § 16, 1988: Ord. 11524 § 3, 1977: Ord. 8848 § 1 (part), 1965: Ord. 8609 Art. 1 § 35, 1964.) 8.04.800 Public health license and permit--Partnership transfer fee. If a public health license or permit is issued to a partnership and the partnership is changed by the addition of new partners, the license or permit may be transferred to the new partnership if the new partnership makes application for such transfer in the same manner as for a new license or permit and pays the tax collector a transfer fee of $10.00. (Ord. 96-0069 § 43, 1996: Ord. 8609 Art. 1 § 36, 1964.) 8.04.810 Lost public health license and permit replacement. Where, from such evidence as he sees fit to require, the treasurer-tax collector finds that a public health license or permit (whether in the form of a tag, plate, paper or card, sticker, or otherwise) has been lost, he shall issue a duplicate license or permit to the owner thereof upon payment of $20.00. (Ord. 98-0037 § 5, 1998: Ord. 96-0069 § 44, 1996: Ord. 88-0106 § 17, 1988: Ord. 11524 § 2, 1977: Ord. 8609 Art. 1 § 34, 1964 J 8.04.817 Public health license and permit--Reporting requirements. Every person having a public health license or permit under the provisions of this chapter shall report to the treasurer-tax collector and the departmentof health services the following. changes of status to the business within 15 days of the change: A. Change of mailing address; B. Sale and/or transfer of ownership; C. Permanent closure or cessation of business. (Ord. 98-0037 § 6, 1998.) 8.04.820 Procedures for issuing public health- licenses and permits for temporary activities. http://search.municode.com/htmU16274/ DATA/TITLE08/Chapter 8_04 PUBLIC_HE... 11/12/2010 Chapter 8.04 PUBLIC HEALT -LICENSES Page 38 of 46 A. Notwithstanding Section 8.04.640, if the applicant for a public health license or permit under this chapter shows to the satisfaction of the treasurer-tax collector that because a business or occupation or other activity is of a seasonal nature, or because of statutory or ordinance regulations or restrictions, or because of termination or loss of lease, or because of acquisition by the public of the premises on which the occupation or business or other activity is situated, br because of similar reasons, such business, occupation or activity can only be carried on for a limited period of time, not more than three-quarters of a year, a license or permit may be issued for such period of time and the license or permit fee shall be the following fraction of the annual fee: 1.One-quarter of a year or less, one-fourth; 2. More than one-quarter but not more than one-half of a year, one-half; 3. More than one-half but not more than three-quarters of a year, three-fourths. B. Such license or permit may be issued for the limited period without regard to fiscal years. C. Notwithstanding any other provision of this section, a swimming pool shall not be considered a seasonal activity. D. Where this section applies to a restaurant having a seating capacity of less than 11 seats, the permit fee shall be computed based upon the fee for 11 to 31 seat capacity. (Ord. 96-0069 § 45, 1996: Ord. 94-0052 § 15, 1994: Ord. 88-0106 § 18, 1988: Ord. 11524 § 1, 1977: Ord. 10278 § 1, 1971: Ord. 9354 § 1 (part), 1967: Ord. 8696 § 1, 1964: Ord. 8609 Art. 1 § 17.5, 1964.) 8.04.830 Public health license and permit--Delinquency date: A. "Delinquency date" means: 1. Iri the case of a license or permit renewal, the 32nd tlay of the applicable license or permit year, 2. In the case of a newly established business or activity for which a license or permit is required, the 61st day after the commencement.of the business or activity; 3. In the case of an additional reinspection fee far afood-related business, the 32nd day after notice of additional reinspection fee is mailed or personally delivered to the person engaged in the food-related business. B. In the case of those businesses or activities which are the subject of a direct assessment pursuant to Part 3 of this chapter, delinquency date for county taxes collected on the secured roll. (Ord. 96-0069 § 46, 1996: Ord. 89-0088 § 5, 1989: Ord. 12167 § 2 (part), 1980: Ord. 9803 § 1 (part), 1969: Ord. 8848 § 1 (part), 1965: Ord. 8609 Art. 1 § 18, 1964.) 8.04.840 Public health license and permit--Penalty for late fee payment. If any fee required by Division 1 of this title is not paid prior to the delinquency date, in addition to such fee, the licensee or permittee shall pay a penalty equal to 25 percent of the fee or $50.00, whichever is greater, plus an additional amount equal to one and one-half percent of the license or permit fee owed for each month the fee plus penalties remain delinquent, commencing the first day of the first calendar month that begins at least 60 days after the delinquency date. (Ord. 96- 0069 § 47, 1996: Ord. 88-0106 § 19, 1988: Ord. 12301 § 1 (part), 1981: Ord. 9803 § 1 (part), 1969: Ord. 8875 § 1, 1965: Ord. 8609 Art. 1 § 19, 1964.) 8.04.842 Late fee payment--Lien against licensee or permittee authorized when. If the fee and penalty as described in Section 8.04.840 of this chapter is not paid within 90 days after the delinquency date, a certificate of lien may be recorded against the licensee or permittee as authorized by Section 101345 of the California Health and Safety Code. (Ord. 96-0069 § 48, 1996: Ord. 12301 § 2 (part), 1981: Ord. 8609 Art. 1 § 19.2, 1964.) 8.04.844 Late fee payment--Additional penalty following lien. Upon recordation of a certificate of lien described in Section 8.04.842, an additional penalty fee of $15.00 shall be paid by the licensee or permittee. (Ord. 96-0069 § 49, 1996: Ord. 12301 § 2 htto://search.municode.com/htm]/16274/ DATA/'TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL"-'LICENSES Page 39 of 46 (part), 1981: Ord. 8609 Art. 1 § 19.3, 1964.) 8.04.850 Public health license--Penalty for late direct assessment fees. Notwithstanding the provisions of Section 8.04.840, any fee required by this chapter which is not paid prior to the delinquency date and is included as a direct assessment pursuant to Part 3 of this chapter, shall bear the same penalty as delinquent taxes on the secured tax roll. (Ord. 96- 0069 § 50, 1996: Ord. 12167 § 1 (part), 1980: Ord. 8609 Art. 1 § 19.1, 1964.) 8.04.860 Treasurer-tax collector--Fee collection and other duties. The treasurer-tax collector shall collect the license and permit fees and penalties under this chapter when he receives the application for a license or permit, and perform such other duties as are prescribed by this chapter. (Ord. 96-0069 § 51, 1996: Ord. 88-0106 § 20, 1988: Ord. 8609 Art. 1 § 28, 1964.). 8.04.870 Auditor-controller--Public health license and permit issuance and accounting duties. The auditor-controller shall issue public health licenses and permits in multiple copies to the treasurer-tax collector in such quantities as the treasurer-tax collector shall require, taking a receipt therefor, and keeping such accounts as may be necessary to determine the accountability of the treasurer-tax collector. The auditor-controller shall number and sign all licenses and permits: (Ord. 96-0069 § 52, 1996: Otd. 88-0106 § 21, 1988: Ord. 8609 Art. 1 § 26, 1964.) 8.04.880 Treasurer-tax collector--Deposit of funds. The treasurer-tax collector every business day shall deposit in the treasurer-tax collector's trust fund in the county treasury all license and permit fees and penalties collected. (Ord. 96-0069 § 53, 1996: Ord. 88-0106 § 22, 1988: Ord. 8609 Art. 1 § 29, 1964.) 8.04.890 Treasurer-tax collector--Monthly report. A. On the first business day of each month the treasurer-tax collector shall prepare a report showing: 1. All penalties collected; 2. All fees collected for licenses and permits which have been issued. B. The treasurer-tax collector shall deposit all such sums so reported in the general fund of the county treasury. (Ord. 96-0069 § 54, 1996: Ord. 88-0106 § 23, 1988: Ord. 8609 Art. 1 § 30, 1964.) 8.04.900 Minor errors in payments. In the event a discrepancy exists between the amount of the fee paid and the amount of the fee due, resulting in an underpayment or an overpayment of the fee in the amount of $1.00, or less, the treasurer-tax collector may accept and record such underpayment or overpayment without other notification to the licensee or permittee or the license or permit applicant. (Ord. 96-0069 § 55, 1996: Ord. 88-0106 § 24, 1988: Ord. 8609 Art. 1 § 38, 1964.) 8.04.910 Refunds. A. The county auditor-controller may refund to the licensee or permittee all moneys collected by the treasurer-tax collector because of excess, erroneous, or double payment, if the licensee or permittee files a proper claim. httn://search.municode.com/htmU16274/ DATA/'I'ITLE08/Chapter 8_04_PUBLIC_HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL' 'LICENSES Page 40 of 46 B. Whenever public health license or permit fees are reduced during the calendar year and made retroactive because the board of supervisors finds that the higher fee was not legally justified, and whenever the applicant has paid a higher fee than that required because he has paid prior to the beginning of the license or permit period and subsequent to such payment the fee has been reduced, the auditor shall make refunds as follows: on the presentation of a refund claim, prepared in duplicate, approved by the treasurer-tax collector and accompanied by the license or permit, the auditor-controller shall: 1. Transmit to the treasurer-tax collector a warrant for the newly established fee; and 2. t2emit the remainder to the licensee or permittee. (Ord. 96-0069 § 56, 1996: Ord. 88-0106 § 25,-1988: Ord: 8609 Art. 1 § 31, 1964.) 8.04.920 Actions for recovery of fees. The treasurer-tax collector shall, in the name of the county of Los Angeles, as plaintiff, bring suit for the recovery of any license or permit fee imposed against any person required by this chapter to procure a license or permit to engage in any business as defined in this chapter, who carries on or attempts to carry on such business withbut such license or permit. (Ord. 96-0069 § 57, 1996: Ord. 88-0106 § 26, 1988: Ord. 8609 Art. 1 § 27, 1964.) 8.04.930 Violation--Penalty. Violation of this chapter is punishable by a fine of not more than $500.00 or by imprisonment in . the county jail for not more than six months, or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted, makes such violation a separate offense. (Ord. 8609 Art. 1 § 10, 1964.) 8.04.932 Business without a public health license or permit prohibited. No person shall engage in, conduct, manage or carry on any business or other activity for which a license or permit is required by this chapter if: A. He or she does so without having, pursuant to the provisions of this chapter, procured a license or permit to do so and paid the fee required; or B. If such license or permit has expired, been suspended, revoked, or denied. (Ord. 96-0069 § 58, 1996: Ord. 89-0080 § 6, 1989.) 8.04.934 Operating without a public health license or permit--Deemed misdemeanor--Penalty. A violation of Section 8.04.932 is a misdemeanor punishable by fine, or imprisonment in the county jail for a period not exceeding six months, or both. Such fine shall not be more than $500:00, and shall A. For the first violation, not be less than $100.00; B. For the second and any subsequent violation, be $500.00. (Ord. 96-0069 § 59, 1996: Ord. 89- 0080 § 7, 1989 J 8.04.936 Operating without a public health license or permit--Injunctive relief. Any person violating Section 8.04.932 may be enjoined from such violation by any court of competent jurisdiction. The remedy provided by this section is cumulative to any other remedy provided by law. (Ord. 96-0069 § 60, 1996: Ord. 89-0080 § 8, 1989.) 8.04.938 Violation of injunction--Civil penalty. Any person who intentionally violates any injunction issued pursuant to Section 8.04.936 shall be liable for a civil penalty payable to the county treasurer-tax collector not to exceed $500.00 for. httnJ/search.municode.com/htmU16274/ DATA/TITLE08/Chapter 8_ 04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL"' `LICENSES Page 41 of 46 each violation. (Ord. 89-0080 § 9, 1989.) 8.04.940 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby. (Ord. 8609 Art. 1 § 8, 1964.) 8.04.942 Operating without a public health license or permit--Civil penalty. A. Any person who violates Section 8.04.932 shall be liable for a civil penalty recoverable in a civil action and payable to the county treasurer-tax collector: 1. In an amount not less than $100.00 for the first violation; and 2. In an amount not less than $500.00 for the second and any subsequent violation. B. The remedies provided in Section 8.04.934 and by this section are mutually exclusive. (Ord. 96-0069 § 61, 1996: Ord. 89-0080 § 10, 1989.) 8.04.943 Public health permit suspension or revocation--Notice of closure. A. Upon issuance of a written notice of suspension or revocation of the public health permit by the county health officer, the health officer shall post a notice of closure at the food facility so as to be clearly visible to the general public and to patrons. B. Upon issuance of the written notice of suspension or revocation of the public health permit by the county health officer, the food facility shall immediately close to the general public and to patrons and shall discontinue all operations until the public health permit has been reissued or reinstated by order of the county health officer or until the facility no longer operates as a food facility. C. The notice of closure shall remain posted until removed by the county health officer. Removal of the notice of closure by any person other than the county health officer or the refusal of a food facility to close upon issuance of the written notice of suspension of the public health permit is a violation of this chapter and may result in the suspension or revocation of the food facility's public health permit and shall be punishable as specified in Section 8.04.930. (Ord. 2010-0045 § 12, 2010; Ord. 97-0071 § 8 (part), 1997.) 8.04.944 Continuing violations. Where the conduct consisting of a violation of Section 8.04.932 or 8.04.938 is of a continuing nature, each day of such conduct is a separate and distinct violation. (Ord. 89-0080 § 11, 1989.) 8.04.945 Public health permit--Suspension or revocation. Any public health permit issued pursuant to this chapter may be suspended or revoked in accordance with the procedures set forth in California Health and Safety Code Section 113950 et seq. (Ord. 97-0055 § 6, 1997.) 8.04.946 Public health license--Suspension or revocation. A. Any public health license issued pursuant to this chapter may be suspended or revoked by the county health officer for a violation of the Los Angeles County Code or the California Health and Safety Code, or both. Any business or occupation for which the public health license has been suspended or revoked shall close and remain closed until the license has been reinstated or reissued. B. Whenever the county health officer finds that a business or occupation is not in compliance with the requirements of the Los Angeles County Code, or the California Health and Safety Code, httrr//search mnnicode.com/htmU16274/ DATA/'I'ITLE08/Chaoter 8 04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL'!".'- LICENSES Page 42 of 46 or both, a written notice to comply shall be issued to the licensee. If the licensee fails. to comply, the county health officer shall issue to the licensee a notice setting forth the acts or omissions with which the licensee is charged and informing the licensee of a right to a hearing, if requested, to show cause why the licensee's public health license should not be suspended or revoked. A written request for a hearing shall be made by the licensee within 15 calendar days after service of the notice. A failure tb request said hearing within 15 calendar days after service of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer may order a hearing at a reasonable time within this 15 day period to expedite the public health license suspension or revocation process. The hearing shall be held within 15 calendar days of the receipt of a written request for a hearing. Upon written request of the licensee, the hearing officer may postpone any hearing date, if circumstances warrant such action. C. The hearing officer shall issue a written notice of decision to the licensee within five working days following the hearing. In the event of suspension or revocation, the notice shall specify the acts or omissions with which the licensee is charged and shall state the items and extent of the suspension or shall state that the licensee's public health license has been revoked. D. Notwithstanding any other provision of this chapter, if any immediate danger to the public health or safety is found or is reasonably suspected, unless the danger is immediately corrected, the county health officer may immediately suspend the licensee's public health license and order the business or occupation immediately closed, pending a determination of any request for hearing made by the licensee pursuant to subsection D2, below. Immediate danger to the public health or safety shall include any condition, based upon inspection findings or other evidence, that can cause, or is reasonably suspected of causing, infection or disease transmission, or any known or reasonably suspected hazardous condition. 1. Whenever a public health license is suspended as the result of an immediate danger to the public health or safety, the county health officer shall issue to the licensee a notice setting forth the acts or omissions with which the licensee is charged, specifying the sections of the Los Angeles County Code or California Health and Safety Code, or both, allegedly violated, and informing the licensee of the rightto a hearing. 2. At any time within 15 calendar days of service of a notice pursuant to subsection D, the licensee may request, in writing, a hearing before a hearing officer to show cause why the public health license suspension is not warranted. The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. A failure to request a hearing within 15 calendar days shall be deemed a waiver of the right to such hearing. E. The county health officer may, after providing opportunity for a hearing, modify, suspend, or revoke a public health license for serious or repeated violations of the Los Angeles County Code or the California Health and Safety Code, or both, or for interference in the performance of the duty of the county health officer. F. A public health license may be reinstated, or a new public health license issued, if the county health officer determines that conditions which prompted the suspension or revocation no longer exist. (Ord. 97-0055 § 7, 1997.) 8.04.947 Noncompliance with health officer--Deemed misdemeanor--Penalty. All persons shall obey all rules, regulations, orders or directives of the health officer. Any person who, after notice, violates, or who, upon demand of the health officer; refuses or neglects to conform to any rule, regulation, order or directive prescribed by the health officer, is guilty of a misdemeanor, punishable by fine, or imprisonment in the county jail for a period not exceeding six months, or both. Such fine shall not be more than $500.00, and shall: A. For the first violation, not be less than $100.00; B. For the second and any subsequent violation, be $500.00. (Ord. 97-0055 § 8, 1997.) 8.04.948 Noncompliance with health officer--Injunctive relief. Any person who, after notice, violates, or who, upon demand of the health officer, refuses or neglects to conform to any rule, regulation, order or directive prescribed by the health officer, may be enjoined from such violation by any court of competent jurisdiction. The remedy provided by this section is cumulative to any other remedy provided by law. A civil action to enforce the provision of this section may be brought by the county counsel, the district attorney, or any person directly affected by the failure to comply with the rule, regulation, order or directive of the htm•//sParrh mnnicnde.com/htm]/1624/ DATA/TITLE08/Chanter 8 -04 PUBLIC HE... 11!12/2010 Chapter 8.04 PUBLIC HEALT "LICENSES Page 43 of 46 health officer. (Ord. 97-0055 § 9, 1997.) Part 3 DIRECT ASSESSMENT AGAINST REAL PROPERTY 8.04.950 Fees placed on tax roll for direct assessment--Conditions. Notwithstanding any other sections or parts of this chapter, where real property is owned by the operator of multiple dwellings, multiple dwellings with pools, or any other business, and such property is subject to state statutes, orders, quarantines, rules or regulations relating to public health, the fees established by this dhapter shall be placed on the secured tax roll as a direct assessment as authorized by Section 510 of the Health and Safety Code. (Ord. 93-0055 § 9, 1993: Ord. 12167 § 1 (part), 1980: Ord. 8609 Art. 5 § 140, 1964.) 8.04.960 List of properties subject to fees--Preparation. On or before August 1st of each year, the treasurer-tax collector shall prepare a list of parcels of real property which are subject to the fees described ih Section 8.04.950, and shall transmit such list to the auditor-controller on or before the 10th day of August of each year. (Ord. 88-0106 § 27, 1988: Ord. 12167 § 1 (part), 1980: Ord. 8609 Art. 5 § 141, 1964.) 8.04.970 Assessments--Entered on list of properties. The auditor-controller shall enter the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. (Ord. 88-0106 § 28, .1988: Ord. 12167 § 1 (part), 1980: Ord. 8609 Art. 5 § 142, 1964.) 8.04.980 Assessments--Entered on bills for taxes. The treasurer-tax collector shall include the amount of the assessment on the assessment roll on bills for taxes levied against the respective lots and parcels of land. (Ord. 88-0106 § 29, 1988: Ord. 12167 § 1 (part), 1980: Ord. 8609 Art. 5 § 143, 1964.) 8.04.990 Collection of assessments. Such assessments shall be collected in the same manner and at the same time as county taxes are collected. (Ord. 12167 § 1 (part), 1980: Ord. 8609 Art. 5 § 144, 1964.) 8.04.995 Recordation of lien for fees when direct assessment not possible. In those instances where direct assessment is not authorized by Health and Safety Code Section 510, the tax collector shall perform the duties required by Health and Safety Code Section 510.7 in recording without fee a certificate specifying the amount, interest, penalty due, and the name and last known address of the person liable therefor, as authorized by Section 510.7 of the Health and Safety Code. (Ord. 93-0055 § 10, 1993.) Part 4 FRUIT AND VEGETABLE CONDEMNATION TICKETS 8.04.1000 Condemnation ticket defined. "Condemnation ticket" means any ticket written by the county health officer pursuant to Sec. httn://search.municode.com/htmU16274/ DATA/TITLE08/Chapter_8_04_PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL'7~ ~ LICENSES Page 44 of 46 26590 of the Health and Safety Code for the purpose of verifying that produce or vegetables are in a spoiled condition. (Ord. 8848 § 15 (part), 1965: Ord. 8609 Art. 4 § 201, 1964.) 8.04.1010 Fee required. A. The fee required to be paid for the writing of condemnation tickets shall be at the following .rate: $1.00 for each condemnation ticket in excess of six per quarter. B. The fee prescribed by this section shall be in addition to any other fees prescribed by this chapter. (Ord. 8848 § 15 (part), 1965: Ord. 8609 Art. 4 § 202, 1964.) 8.04.1020 Recordkeeping and collection. Records of condemnation tickets written shall be kept by the health officer and a report thereon shall be forwarded to the tax collector quarterly for collection purposes. (Ord. 8848 § 15 (part), 1965: Ord. 8609 Art. 4 § 203, 1964.) 8.04.1030 Delinquency date. Irrespective of the provisions of Section 8.04.830, and for the purposes of this Part 4 only, "delinquency date" means: the 31st day after the date that a notice of the amount due under the provisions of this Part 4 is sent by the tax collector. (Ord. 8848 § 15 (part), 1965: Ord. 8609 Art. 4 § 204, 1964.) Part 5 (Repealed by Ord 96-0069) Part 6 WIPING RAG BUSINESS ESTABLISHMENTS 8.04.1130 Part 6provisions--Statutory authority. This Part 6 is adopted pursuant to the provisions of the Wiping Rag Law, Sections 3900--3960of the Health and Safety Code of the state of California, for the purpose of enforcing statutes relating to the public health, namely, Health and Safety Code Sections 3900--3960. (Ord. 11545 § 4 (part), 1977: Ord. 8609 Art. 5 § 401, 1964.) 8.04.1140 Definitions. Words or phrases in this Part 6 which are defined in the Wiping Rag Law are used in this part as follows: A. "Wiping rags" means cloths and rags used for any or all of the following purposes: 1. Wiping and cleaning the surfaces of machinery, machines, tools, locomotives, engines, motor cars, automobiles, cars, carriages, windows, furniture, and surfaces of articles, appliances and engines in factories, shops, steamships and steamboats; 2. Generally for cleaning in industrial employment; 3. Used by mechanics and workmen for wiping from their hands and bodies soil incidents to their employment. B. "Wiping rag business" as used in this Part 6 shall mean the business of laundering, sanitizing or selling wiping rags. (Ord. 11545 § 4 (part), 1977: Ord. 8609 Art. 5 § 402, 1964.) 8.04.1150 Operation without permit prohibited. It is unlawful for any person to operate a wiping rag business without having a valid permit, httn://search.municode.com/htmU16274/ DATA/TITLE08/Chapter_8_04 PUBLIC HE... 11/12/2010 Chapter 8.04 PUBLIC HEALT -LICENSES Page 45 of 46 issued by the health officer. (Ord. 11545 § 4 (part), 1977: Ord. 8609 Art. 5 § 404, 1964.) 8.04.1160 License authorized as health permit when. For the purposes of this Part 6, a health license issued to a wiping rag business shall, when approved by the health officer, serve as a health permit for a wiping rag business. (Ord. 11545 § 4 (part), 1977: Ord. 8609 Art. 5 § 403, 1964.) 8.04.1170 Health permit--Issuance conditions. Upon receipt of ah application for a health permit and the payment of the required fee; the tax collector shalt refer the application to the health officer, and the health officer shall make an investigation of the premises and facilities intended to be used by the applicant. If the applicant has not complied with all applicable laws, the health permit shall be denied. In the event of denial, the health officer shall issue and serve upon the applicant a notice setting forth the reasons for denial and informing him of his right to a hearing. (Ord. 11545 § 4 (part), 1977: Ord. 8609 Art. 5 § 406, 1964.) 8.04.1180 Health permit--Display required. Every health permit issued in accordance with this Part 6 shall be displayed in a conspicuous place in the business establishment for which the permit is issued. (Ord. 11545 § 4 (part), 1977: Ord. 8609 Art. 5 § 405, 1964.) 8.04.119D Rag sanitizing methods. Wiping rags shall be sanitized by methods prescribed by or acceptable to the State Department of Health. (Ord. 11545 § 4 (part), 1977: Ord. 8609 Art. 5 § 409, 1964.) 8.04.1200 Recordkeeping for businesses. Every wiping rag business shall maintain records, in a form prescribed by or acceptable to, and subject to inspection by, the health officer, to identify the amount of wiping rags or wiping rag materials purchased, the amount of wiping rags sanitized, and. the amount of wiping rags sold, and on hand, by weight (Ibs.). (Ord. 11545 § 4 (part), 1977: Ord. 8609 Art. 5 § 408, 1964.) 8.04.1210 Enforcement and inspection--Health officer authority.. The health officer may at all reasonable times upon proper demand and notice of his authority enter orinspect any wiping rag business for the purpose of enforcing the provisions of the State Wiping Rag Law (California Health and Safety Code, Sections 3900--3960), and of this chapter. Such inspection may include examination of records and methods of sanitation to determine that wiping rags have been sanitized by methods prescribed by or acceptable to the State Department of Health. (Ord. 11545 § 4 (part), 1977: Ord. 8609 Art. 5 § 407, 1964.) 8.04.1220 Health permit--Suspensiorror revocation conditions. If the health officer determines at any time that the applicable laws pertaining to the wiping. rag business have not been complied with, he shall have the authority to suspend or revoke the permit after first issuing and serving upon the permittee a notice setting forth in clear and concise language the acts or omissions with which the permittee is charged, and informing him of his rights to a hearing. (Ord. 11545 § 4(part), 1977: Ord. 8609 Art. 5 § 410, 1964.) httn://seazch.municode.com/htmU16274/ DATA/'I'ITLE08/Chapter 8_04 PUBLIC_HE... 11/12/2010 Chapter 8.04 PUBLIC HEAL'r rLICENSES Page 46 of 46 8.04.7230 Hearing on denial, suspension or revocation. A. At any time within the 15-day period after service of notice to suspend or revoke or deny a permit, the permittee or applicant may request a hearing before the health officer to show cause why his permit should not be denied, suspended or revoked. A failure to request a hearing within 15 days shall be deemed a waiver of a right to such hearing. B. The health officer may, when he deems it necessary, continue a hearing by setting a new time and place, and by giving notice to the applicant of such action. C: At the close of the hearing or at any time within 10 days thereafter, the health officer shall order such disposition of the matter as he has determined to be proper, and shall inform the applicant or permittee in writing of such disposition, and the reasons therefor. (Ord. 11545 § 4 (part), 1977: Ord. 8609 Art. 5 § 411,:. 1964.) « previous ~ next» httn://search.municode.com/htmU16274/ DATA/'I'ITLE08/Chapter 8.04_PUBLIC HE... 11/12/2010 -~--t4 ~~~ ~ ELECTRONIC VERSION OF THIS ATTACHMENT IS NOT AVAILABLE FOR REVIEW. DOCUMENT IS AVAILABLE FOR REVIEW AT THE CITY CLERK'S OFFICE AND THE LIBRARIES. AITACHPf@7T C SACHI A FIAMAI EXECUTIVE OFFICER C®Vl\ 1 1 ®~L®V 1a1 ~1~L ~~J ® ®F Sl•ll 1'.RV1J®RJ KENNETH HAFEY HALL OF ADMINISTRATION 500 WEST TEMI'LE STREET, ROOM J83 LOS ANGELES, CALIFORYIA 90012 (213) 9741411 •PAX (21}) 6200636 MEMBERS OF THE BOARD dORUf MOLINA MARR RIDLEY-THOMAS ZEV YAROSLAVSRY DON RNABE MIQ3AEZ D. ANTONOVIQ-I STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, SACHI A. HAMAI, Executive Officer-Clerk of the Board of Supervisors of the County of Los Angeles, do hereby certify that the attached is a full, true and correct copy of Title 11: Health and Safety of the Los Angeles County Code as found at website address http://ordlink.com/codes/lacounty/index. htm. IN WITNESS WHEREOF, I have hereunto sei my hand and affixed the seal of the County of Los Angeles this 8th day of December, 2010. SACHI A. HAMAI, Executive Officer- Clerk of the Board of Supervisors of the County of Los Angeles. BYE Deputy SAH:bc:cert.140 (LACC Title 11 Health and Safety) Title 11 HEALTH AND SAFETY Main Table of Contents Page 1 of 3 Title 11 HEALTH AND SAFETY Division 1 HEALTH CODE Chapter 11 02 GENERAL PROVISIONS AND DEFINITIONS Chapter 11 04 COMMUNICABLE DISEASE CONTROLf31 Chapter 11 06 PERMITS AND SPECIAL SERVICE FEES Chapter 11.08 CHILDREN'S CAMPS' Chapter 11.10 FOOD DEMONSTRATORS Chanter 11 11 WHOLESALE FOOD SAFETY CERTIFICATION Chapter 11.12 WHOLESALE FOOD ESTABLISHMENTS Chapter 11.13 INDEPENDENT WHOLESALE VEHICLES Chapter 11 14 FOOD VENDING MACHINES1111 Chapter 11 15 NONSMOKING AREAS IN EATING ESTABLISHMENTS Chapter 11.16 GARBAGE AND OTHER WASTE MATERIALf131 Chapter 11.19 ALCOHOLIC BEVERAGE WARNING SIGNS Chapter 11.20 HOUSING Chapter 11 22 INDUSTRIAL ESTABLISHMENTS' Chapter 11.24' INSTITUTIONS - Chapter 11.26 LAUNDRIES Chapter 11.28 LEAD HAZARDS Chanter 11.30 RODENT AND PEST CONTROLf231 Chanter 11.32 SWIMMING POOLS AND OTHER WATER AREASI251 Chapter 11.34 SWIMMING POOL SERVICES Chapter 11.35 TOBACCO RETAILING Chapter 11 36 BODY ART ESTABLISHMENTS Chapter 11 38 WATER AND SEWERSt271 Division 2 GENERAL HAZARDS[29] _-- Chapter 11.40 GENERAL PROVISIONS http://search.municode.com/htmll16274/ DATA/TITLEll/index.html 11/12/2010 Title 11 HEALTH AND SAFETY Chapter 11.42 DEFINITIONS Chapter 11 44 BOXES AND CHESTS Chapter 11.46 HAZARDOUS OIL WELL MACHINERY Chapter 11 48 OIL WELL SUMPS SAND AND GRAVEL PITS AND SIMILAR EXCAVATIONSf317 Chapter 11.50 SWIMMING POOLS(331 Chapter 11 51 BARRIERS FOR SWIMMING POOLS. SPAS AND HOT TUBS Chapter 11.52 WATER HAZARDS Chapter 11 54 WELLS TEST HOLES. CESSPOOLS CISTERNS AND SEPTIC TANKS Chapter 11.56 HEARINGS AND ENFORCEMENT(351 Division 3 MISCELLANEOUS REGULATIONS Chapter 11.58 ELECTRICAL MATERIALS AND APPLIANCES(371 Chapter 11.59 INDIGENT HEALTH CARE FACILITIES UPGRADE Chanter 11..60 FLOODWAYS AND WATER SURFACE ELEVATIONS Chapter 11.62 SMALL DAMS - Chapter 11.64 SMOKING(431 Page 2 of 3 Chapter 11 65 EPHEDRINE PSEUDOEPHEDRINEANb PHENYLPROPANOLAMINE RECORDS AND STORAGE Chapter 11.66 MEDICAL MARIJUANA PROGRAM IDENTIFICATION CARD Chapter 11.68 TRANSPORT OF HYDROCYANIC ACID Chapter 11.69 METALLIC BALLOONS Division 4 UNDERGROUND STORAGE OF HAZARDOUS MATERIALS Chapter 11.70 DEFINITIONS Chapter 11.72 GENERAL PROVISIONS Chanter 11.74 STANDARDS - - - ~ ~ - - - ~ . ~. - Chapter 11 76 UNAUTHORIZED DISCHARGE OF HAZARDOUS MATERIALS Chapter 11.78 INSPECTIONS AND RECORDS Chapter 11.80 PERMITS Chapter 11.82 FEES AND DEPOSITS Chapter 11.84 ADMINISTRATIVE ACTION(441 Chapter 11.86 ENFORCEMENT http:/lsearch.municode.com/html/16274/ DATA/TITLEll/index.html 11/12/2010 Title 11 HEALTH AND SAFETY Page 3 of 3 Chapter 11.88 MISCELLANEOUS FOOTNOTES TO TITLE 11. APPENDICES TO TITLE 11 HEALTH AND SAFETY. APPENDIX 1 RULES AND REGULATIONS OF THE COUNTY OF LOS ANGELES DEPARTMENT OF HEALTH SERVICES COMMUNITY HEALTH SERVICE APPENDIX 2 CROSS REFERENCE TABLE FOR ORDINANCE 7583 « previous ~ next» http://search.municode.com/htmU16274/ DATA/TITLEll/index.html 11/12/2010 Chapter 11.02 GENERAL PROVISIONS AND DEFINITIONS Page 1 of 8 Title 11 HEALTH AND SAFETY Chapter 11.02 GENERAL PROVISIONS AND DEFINITIONS Part 1 GENERAL PROVISIONS Article 1 REGULATIONS 11.02.010 Continuation of provisions. 11.02.020 Director of public health--Statutory authority. 11 02.030 Director of public health--Powers and duties generally. 11.02.040 Powers of deputies. 11.02.050 Arrests for violations--Penal Code provisions adopted. 11.02.060 Interfering with director's duties prohibited. 11.02.070 Severability. 11.02.080 Violation--Penalty. Article 2 DEFINITIONS 11.02.090 Interpretation of language. 11.02.100 County health officer. 11.02.110 Health officer and director. 11.02.120 Person. 11.02.130 Section. 11.02.140 Shall and may. Part 2 PROVISIONS FOR CHAPTERS 11.06 THROUGH 11.38 Article 1 REGULATIONS 11 02 150 Purpose of provisions--Statutor y definitions incorporated when. 11.02 160 Rules and regulations--Promul gation and enforcement authority. 11.02.170 Classification of food service o perations. 11.02.180 Food water and milk--Authority to purify or destroy. 11 02.190 Nuisance abatement--County to perform work when--Costs. http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_02_GENERAL_... 11/12/2010 Chapter 11.02 GENERAL PROVISIONS AND DEFINITIONS Page 2 of 8 11.02.192 Nuisance abatement--Assistance of other agencies--Costs. Article 2 DEFINITIONS 11.02.200 Approved. 11.02.210 Bakery and bakery products. 11.02.220 Bakery product vehicle. 11.02.230 Box lunch. 11.02.240 Caterer. 11.02.250 Food. 11.02.260 Food establishment. 11.02.280 Itinerant restaurant. 11.02.290 Lunch service vehicle. 11.02.300 Nuisance. 11.02.310 Operator. 11.02.320 Restaurant. 11.02.330 Slauohterhouse. 11.02.340 Temporary refreshment stand. 11.02.350 Wayside stand. Part 1 GENERAL PROVISIONS Article 1 REGULATIONS 11.02.010 Continuation of provisions. The provisions of the ordinance codified in Division 1 of this Title 11, insofar as they are substantially the same as existing ordinance provisions relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactment. (Ord. 2006-0040 § 68, 2006: Ord. 7583 Part 1 § 109, 1959.) 11.02.020 Director of public health--Statutory authority. The duties of the director of public health are those set forth in the Health and Safety Code of the state of California, and particularly, but not limited to, those set forth in Chapter 2 of Part 3 of http://search.municode.com/htmU16274/_DATA/TITLEll/Chapter_ll_02_GENERAL ... 11/12/2010 Chapter 11.02 GENERAL PROVISIONS AND DEFINITIONS Page 3 of 8 Division 101 of said Code. (Ord. 2006-0040 § 69, 2006: Ord. 7583 Part 1 § 103, 1959.) 91.02.030 Director of public health--Powers and duties generally. The director of public health shall have the authority and duty to make periodic and routine surveys and inspections of all buildings, lots, camps, areas, tracts of land, tents, mobilehome parks, mobilehomes, vehicles, and other premises and places used or intended for use for living quarters, and shall enforce: A. Division 1 of this Title 11; B. All other ordinances of this county pertaining to the public health and sanitary matters; C. Ordinances pertaining to the public health and sanitary matters of those cities which have entered into contracts with the county for such enforcement; D. Within the unincorporated territory of the county, and within those cities the governing bodies of which have consented thereto pursuant to Section 101375 of the Health and Safety Code: 1. Orders, quarantine regulations and rules prescribed by the California Department of Health Services, and other rules and regulations issued under the provisions of the Health and Safety Code, 2. Statutes relating to the public health. (Ord. 2006-0040 § 70, 2006: Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 1 § 112, 1959.) 11.02.040 Powers of deputies. Whenever a power is granted to or a duty imposed upon the director of public health in this Division 1, the power may be exercised or the duty performed by a duly authorized representative of the director unless this Division 1 expressly provides otherwise. (Ord. 2006-0040 § 71, 2006: Ord. 7583 Part 1 § 102, 1959.) 11.02.050 Arrests far violations--Penal Code provisions adopted. The director, and his delegated subordinates pursuant to the provisions of Section 836.5 of the Penal Code, may arrest a person without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of any statute or ordinance referred to by Section 11.02.030. Upon making sudh an arrest, the director or his subordinate may release the person arrested pursuant to the provisions of Section 853.6 of the Penal Code, the provisions of which are hereby adopted by reference as part of this section. (Ord. 10238 § 1, 1971: Ord. 7583 Part 1 § 113, 1959.) 11.02.060 interfering with director's duties prohibited. No person shall refuse, resist or attempt to resist the entrance of the director of public health into any railway car, stage, vehicle, building, room, lot or other place or portion thereof in the county of Los Angeles in the performance of his duty, or shall refuse to obey any lawful order of the director of public health made in the performance of his duties within the power conferred upon him by state law or by Division 1 of this title. (Ord. 2006-0040 § 72, 2006: Ord. 7583 Part 1 § 104, 1959.) 11.02.070 Severability. If any provision of this Division 1 or the application thereof to any person or circumstance is held invalid, the remainder of this Division 1, and the application of such provision to other persons or circumstances, shall not be affected thereby. (Ord. 7674 § 1, 1960: Ord. 7583 Part 1 § 107, 1959.) 11.02.080 Violation--Penalty. httu://search.municode.com/htmll16274/ DATA/TITLEll/Chapter_ll_02_GENERAL_... 11/12/2010 Chapter 11.02 GENERAL PROVISIONS AND DEFIDIITIONS Page 4 of 8 Violation of Division 1 of Title 11 is punishable by a fine of not more than $500.00, or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this Division 1 is committed, continued or permitted makes such violation of a separate offense. (Ord. 7583 Part 1 § 110, 1959.) Article 2 DEFINITIONS 11.02.090 Interpretation of language. In this Division 1, the present tense includes the past and future tenses, and future tense includes the present; the masculine gender includes the feminine and neuter; the singular number includes the plural and the plural includes the singular. (Ord. 7583 Part 1 § 108, 1959.) 11.02.100 County health o#ficer. "County health officer" means the director of public health of the county of Los Angeles, or his duly authorized representative. (Ord. 2006-0040 § 73, 2006: Ord. 7583 Part 1 § 100, 1959.) 11.02.110 Health aifiicer and director. For the purposes. of Title 11, "health officer" and "director' bath mean the director of public health of the county of Los Angeles, or his duly authorized representative, as provided for in Section 2.77.050 of this code. (Ord. 2006-0040 § 74, 2006: Ord. 10728 § 1 (part), 1973: Ord. 7583 Part 1 § 101, 1959.) 11.02.120 Person. "Person" means and includes any individual or his heirs, agents. or assighs, any company, firm, corporation, association, business trust, joint adventure, or group or combination acting as a unit, any political subdivision, governmental department or agency, municipal or public corporation or district, governing body of a school district, or any employee, officer, or any other kind of representative of any thereof, acting either under personal appointment or pursuant to law. (Ord. 92-0078 § 4, 1992: Ord. 7583 Part 1 § 105, 1959.) 11.02.130 Section. Unless otherwise indicated by the context, "section" means a section of the Health Code set out in Division 1 of this title. (Ord. 8095.§ 1, 1961: Ord. 7583 Part 1 § 111, 1959.) 11.02.140 Shall and may. The word "shall" is mandatory; the word "may" permissive. (Ord. 7583 Part 1 § 106, 1959.) Part 2 PROVISIONS FOR CHAPTERS 11.06 THROUGH 11.38 Article 1 REGULATIONS http://search.municode.com/html/16274/_DATA/'I'ITLEll/Chapter 11_02_GENERAL_... 11/12/2010 Chapter 11.02 GENERAL PROVISIONS AND DEFINITIONS Page 5 of 8 11.02.150 Purpose of provisions--Statutory definitions incorporated when. Part 2 of Chapter 11.02 and Chapters 11.06 through 11.38 of this title are intended to supplement the provisions of the laws and regulations of the state of California by prescribing higher standards of sanitation, health and safety. Whenever any technical words or phrases are not defined herein, but are defined in such laws and regulations of the state, such definitions are incorporated in this part and shall be deemed to apply as though set forth herein in full. (Ord. 7583 Part 3 Ch. 1 § 301, 1959.) 11.02.160 Rules and regulations--Promulgation and enforcement authority. The director may make and enforce such rules and regulations as may be necessary or proper to enforce Part 2 of this Chapter and Chapters 11.06 through 11.38 of this code. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 1 § 321, 1959.). 11.02.170 Classification of food service operations. It shall be the responsibility and authority of the director to classify food service operations for the purpose of ascertaining and establishing compliance with the provisions of this Division 1, including the licensing and permit provisions. (Ord. 7583 Part 3 Ch. 1 § 316, 1959.) 11.02.180 Food, water and milk--Authority to purify or destroy. The director shall have the authority to destroy, or render noninfectious, any food, drink or other substance threatening the public health. During emergencies, he may take steps to purify the water by appropriate disinfection. When necessary for the protection of public health, he shall have the authority to pasteurize milk, or order milk pasteurized, when such milk is suspected of carrying the agents of any communicable disease. (Ord. 7583 Part 3 Ch. 1 § 319, 1959.) 11.02.190 Nuisance abatement--County to perform work when--Costs. Whenever a nuisance or condition endangering the public health shall be ascertained to exist on any premises, or in any house, or any other place, the director shall notify in writing the person having control. of or acting as agent for such premises, house or other place, to abate or remove such nuisance or condition within a reasonable time, to be stated on such notice. Upon the neglect or refusal of such person to comply with such notice, the director may abate such nuisance or condition, and the. person having control of such house, premises or place, in addition to the penalties provided by this Division 1, shall be liable to the county of Los Angeles for the cost of such abatement, to be recovered in a civil action in any court of competent jurisdiction. (Ord. 81-0037 § 1, 1981: Ord. 7583 Part 3 Ch. 1 § 317, 1959.) 11.02.192 Nuisance aba#ement--Assistance of other agencies--Costs. A. When the director, acting under any authority vested in him,'orders the abatement of a nuisance or condition which endangers the public health, safety and welfare, and the person or persons responsible for the creation or maintenance of such nuisance fail to comply with said order, the director may request any county department or city agency or department having the necessary manpower and equipment to perform the work required to abate such nuisance. B. When an officer of any Los Angeles County Vector Control District, acting under any authority vested in him or her, orders the abatement of any nuisance or condition which endangers the public health, safety and welfare, and the person or persons responsible for the creation of such nuisance fail to comply with said order, the director may. request any county department or city agency or department having the necessary manpower and equipment to perform the work required to abate such nuisance. C. The cost of performance of such work shall be recovered from the person or persons htm://search.municode.com/htmU16274/ DATA/TITLEII/Chapter 11 02 GENERAL_... 11/12/2010 Chapter 11.02 GENERAL PROVISIONS AND DEFINITIONS Page 6 of 8 responsible for the creation or maintenance of the nuisance. (Ord. 2004-0054 § 1, 2004: Ord. 81- 0037 § 2, 1981.) Article 2 DEFINITIONS 11.02.200 Approved. "Approved" means approved by the director of public health. (Ord. 2006-0040 § 75, 2006: Ord. 7583 Part 3 Ch. 1 § 315, 1959.) 11.02.210 Bakery and bakery products. "Bakery" means any room, building or place used or operated for the purpose of making, preparing or baking bread, cakes, pies, pastry, doughnuts, rolls, biscuits, crackers, noodles, macaroni, tamales or spaghetti, or other products of flour and meal, hereinafter called "bakery products," to be sold for food, except that the term "bakery" shall not be construed to include any establishment engaged in the preparation of bakery products in any restaurant or itinerant restaurant wherein any such bakery product in prepared to be used, and used exclusively with meals served in or from such restaurant or itinerant restaurant. (Ord. 7616 § 1 (part), 1959: Ord. 7583 Part 3 Ch. 1 § 311, 1959.) 11.02.220 Bakery product vehicle. "Bakery product vehicle" means a vehicle used for carrying or transporting bakery products for the purpose of distribution, gift or sale at a point other than where manufactured, except vehicles that are delivering bakery products to retail or wholesale establishments for resale. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 1 § 311.1, 1959.) 11.02.230 Box lunch. "Box lunch" means an assortment of foods or foodstuffs sufficient in quantity and variety to constitute a meal, packed or placed in a box or container and to be eaten at a place other than the premises upon which the food is prepared. (Ord. 7583 Part 3 Ch. 1 § 314, 1959.) 11.02.240 Caterer.. "Caterer" means any person who transports food for profit, and serves or offers for service by others on order, such food, as a meal or a portion of a meal, at a place other than his place of business, but shall not include markets, bakeries or similar food establishments preparing, serving or delivering wrapped foods. (Ord. 7583 Part 3 Ch. 1 § 312, 1959.) 11.02.250 Food. "Food" means all articles and substances used for food and drink, confectionery or condiment whether simple or compound, and all ingredients and components used in the preparation thereof. (Ord. 7583 Part 3 Ch. 1 § 303, 1959.) 11.02.260 Food establishment. "Food establishment" means any public or private market, shop, store, storehouse, bakery, food processing establishment or any other plant or place, not a restaurant, itinerant restaurant, caterer, wayside stand, temporary refreshment stand or vending machine, in or about which food httro://search.municode.com/html/16274/ DATA/TITLEll/Chapter_ll_02_GENERAL ... 1 1112/20 1 0 Chapter 11.02 GENERAL PROVISIONS AND DEFINITIONS Page 7 of 8 is stored, prepared or offered for sale or gift for human consumption. (Ord. 2008-0013 § 11, 2008: Ord. 7583 Part 3 Ch. 1 § 310, 1959.) 11.02.280 Itinerant restaurant. "Itinerant restaurant" means any restaurant operating for a temporary period or time, not to exceed 30 days at any one location on any one premises, and shall include any stand or facility which is portable and used for the preparation and service of foods, other than a temporary refreshment stand. °Itinerant restaurant" may include a vehicle, provided it is maintained in a mobile condition and currently registered by the California Department of Motor Vehicles. (Ord. 9375 § 1 (part), 1967: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 1 § 308, 1959.) 11.02.290 Lunch service vehicle. "Lunch service vehicle" means a vehicle from which is dispensed ready-to-eat food and drink which has been prepared and sealed or packaged in a licensed establishment. (Ord. 7583 Part 3 Ch. 1 § 305,. 1959.) 11.02.300 Nuisance. "Nuisance" means and includes any of the fallowing: A. Any public nuisance known to common law or equity jurisprudence, and whatever is dangerous to human life or detrimental to health; B. Overcrowding a room with occupants; C. Inadequate or insanitary sewerage or plumbing facilities; D. Insufficient ventilation or illumination; E. Uncleanliness, or anything that renders air, food and drink detrimental to the health of human beings. (Ord. 7583 Part 3 Ch. 1 § 318, 1959.) 11.02.310 Operator. "Operator" means anyone who, as an employee, manager, owner or otherwise, is engaged in the preparation, dispensing or handling of food or food products. (Ord. 7583 Part 3 Ch. 1 § 302, 1959.) 11.02.320 Restaurant. "Restaurant" means, but is not limited to, any coffee shop, cafeteria, school cafeteria, shortorder cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, club, hotel, boarding house, fraternal organization, employee or in-plant feeding establishment, or other public eating or drinking establishment which prepares and offers, for sale or gift, food and drink to the public, as well as kitchens in which food and drink is prepared on the premises; for sale, gift or distribution elsewhere. (Ord. 7583 Part 3 Ch. 1 § 307, 1959.) 11.02.330 Slaughterhouse. "Slaughterhouse" means any establishment in which anyone, other than for his own use, slaughters more than one horse, mule or ass per day. (Ord. 7583 Part 3 Ch. 1 § 313, 1959.) 11.02.340 Temporary refreshment stand. "Temporary refreshment stand" means any food-preparation or dispensing operation conducted in connection with a fair, circus, or public exhibition or gathering, offering food for sale or gift to the general public for a temporary period of time in one location. (Ord. 9375 § 1 (part), 1967: Ord. http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter ll_02_GENERAL_... 11/12/2010 Chapter 11.02 GENERAL PROVISIONS AND DEFINITIONS Page 8 of 8 8614 § 1 (part), 1964: Ord. 7583 Part 3 § 309, 1959.) 11.02.350 Wayside stand. "Wayside stand" means any stand from which is offered, for sale or as a gift, edible agricultural products as grown, which have not been processed in any other way than other washing, which sales or gifts are made from residences or other structures by the owners or tenants thereof, or members of their immediate families, where such residences or other structures are not designed, constructed or altered so as to display such edible agricultural products, or where such structures are temporary and without sides of any kind, and such residences or other structures are located on the property on which such edible agricultural products are raised, grown or produced, whether such sales or gifts are advertised by signs or not. (Ord. 7583 Part 3 Ch. 1 § 306, 1959.) «orevious ~ next» httn://search.municode.com/html/16274/ DATA/TITLElllChapter 11 02 GENERAL_... 11/12/2010 Chapter 11.04 COMMUNICABLE DISEASE CONTROL[3] Title 11 HEALTH AND SAFETY Chapter 11.04 COMMUNICABLE DISEASE CONTROL[3] Part 1 GENERAL REQUIREMENTS 11.04.010 Director--Powers and duties generally. 11.04.020 Isolation or quarantine authorized when. 11.04.030 Phvsicians--Report of disease required when. 11.04.040 Report of disease by other persons required when. 11.04.050 Phvsicians--Specimen submittal. 11.04.060 Phvsicians--Isolation of patient and other precautions. 11.04.070 Tuberculosis--Recordkeeping requirements. 11.04.080 Sanitary disposal of infectious excretions. 11.04.090 Quarantine--Placard requirements. 11.04.100 Quarantine--Leaving and entering premises--Limitations. 11.04 110 Schools--Exclusion of children or other persons required when. 11.04.120 Schools--Readmission of children--Conditions. 11.04.130 Control measures when diagnosis is uncertain. 11 04 140 Disinfection measures following quarantine or other unsanitary conditions. 11.04.150 Exposed persons--Contacts with other persons restricted. 11 04 160 Bodies of disease victims--Embalming restrictions--Report required when. 11.04.170 Hearse and mortuary car use restrictions. 11.04.180 Burial permits. 11 04.190 Tuberculosis sanitarium--Alcoholic beverages prohibited. 11.04.195 Sale or use of alkyl nitrite products. Part 2 RABIES CONTROL AND VICIOUS ANIMALSf51 11 04 200 Persons bitten by certain animals--Report required--Treatment. 11.04.210 Confinement of biting animals--Procedure generally. Page 1 of 13 http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_04_COMMUNL.. 11/12/2010 Chapter 11.04 COMMUNICABLE DISEASE CONTROL[3] Page 2 of 13 11.04 220 Confinement of biting animals--Alternate procedures. 11 04.225 Fee for confinement of biting animals. 11 04 230 Owner of biting animal--Report required--Examination of confined animal. 11 D4 240 Owner of biting animal--Quarantine requirements--Examination of dead animal. 11.04:250 Destroying quarantined animal prohibited--Exception. 11 04 260 Suspected rabid animals--Owner report and confinement duty. 11 04 270 Quarantine of animals coming in contact with rabid animals. 11.04 280 Vicious animals--Identification procedure--Confinement requirements. 11 04 290 Vicious animals--Appeal from quarantine requirement--Hearing procedures. Part 3 BATHHOUSES AND SIMILAR COMMERCIAL ESTABLISHMENTS 11.04.300 Findings. 11.04.310 Definitions. 11.04.320 Public health facility permit. 11.04.330 Posting requirements. 11.04.340 Permit--Reporting requirements. 11.04.350 Permit--Suspension and revocation. 11 D4.360 Compliance with Part 3 provisions required. 11.04.370 Health officer--Right to enter and inspect. 11 04.380 Noncompliance with county health officer-Injunctive relief. Part 1 GENERAL REQUIREMENTS 11,04.010 Director--Powers and duties generally. A. Within a reasonable length of time after the receipt by him of a report of a case of contagious, infectious or communicable disease, the director of public health shall make such investigation and take such measures as in his opinion and uncontrolled discretion may be necessary to prevent spread of said disease and to enforce the provisions of this Division 1 and statutes, particularly, but not limited to, the Health and Safety Code and the Regulations of the California Department of Health Services. B. In such cases, the director shall collect and submit to the county public health department laboratory, or to another laboratory approved by the California Department of Health Services, such samples and laboratory specimens as may be necessary to determine the diagnosis,. source of infection, and possible infection of persons who have been in contact with the source of http://search.municode.com/html/16274/ DATA/TITLEll/Chapter_ll_04_COMMLJNL.. 11/12/2010 Chapter 11.04 COMMUNICABLE DISEASE CONTROL[3] Page 3 of 13 infection, of said contagious, infectious or communicable diseases. In such cases, the director shall, when he determines it necessary to assure compliance with his quarantine or isolation regulations or orders, post guards on or adjacent to the premises where a contagious, infectious or communicable disease exists. (Ord. 2006-0040 § 76, 2006: Ord. 7583 Part 2 § 200, 1959.) 11.04.020 ]soiation or quarantine authorized. when. A. The director may remove any person affected or reasonably suspected of being affected with a contagious, infectious or communicable disease to a suitable place of isolation or quarantine when the director deems such action necessary to protect the patient and the public health. B. In such instances where the patient involved may be classed as indigent according to the requirements and standards of the Los Angeles County department of public social services, removal shall be to a suitable facility which has been established and maintained for the treatment and isolation of contagious, infectious or communicable diseases by the county of Los Angeles through the department of health services directly, or by contract with other persons, bodies or institutions. C. In the instance of communicable disease patients other than indigents, the director shall attempt to secure isolation and treatment in private institutions having facilities which, in the opinion of the director, are adequate for proper isolation; but if such private institutions be not found available and, in his opinion, hospital isolation and care continue necessary, said nonindigent contagious person shall be committed to the director of the department of health services, who shall provide facilities in county institutions or hospitals for proper isolation and treatment. D. Return of such communicable disease patients from isolation in a hospital or other isolation facilities to community living shall be on authorization of the director. (Ord. 2006-0040 § 77, 2006: Ord. 7583 Part 2 § 201, 1959.) 11.04.030 Physicians--Report of disease required when. Any report of the existence of a contagious, infectious or communicable disease required by any physician or any other person by the provisions of the Health and Safety Code and the Regulations of the California Department of Health Services shall, in addition to the matters require to be reported by such statute or regulation, further state whether the patient or any member of the patient's household is engaged in the handling or sale of milk or other foodstuff for human consumption or is engaged in teaching or working in a school or in caring for children other than those of the patient's own immediate family. (Ord. 2006-0040 § 78, 2006: Ord. 7583 Part 2 § 202, 1959.) 11.04.040 Report of disease by other persons required when. When no physician is in attendance, any dentist, practitioner, visiting nurse, private duty nurse, head of any private hcusehold, or person in charge of any institution, hotel, hospital, sanitany clinic, dispensary, boarding house, school, camp or vessel, shall report immediately to the director the name and address of any person under his charge, or in his institution or other place under his charge, with any disease which is or which he suspects or has reason to suspect as being contagious, infectious or communicable, and shall keep such a person strictly isolated until the director orders otherwise. Any person having knowledge that another person is suffering from a disease which is, or which the first person suspects or has reason to suspect as being contagious, infectious or communicable, shall report forthwith to the local director the name and address of the diseased person and all the facts relating to the case known to him and requested by the director. (Ord. 7583 Part 2 § 203; 1959:) -- 11.04.050 Physicians--Specimen submittal. Any physician in attendance on a person suffering from any disease which is, or which the physician suspects or has reason to suspect as being, contagious, infectious or communicable, shall submit to the director or to a laboratory approved by the California Department of Health htm://search.municode.com/html/16274/ DATA/TITLElllChapter 11 04 COMMUNL.. 11/12/2010 Chapter 11.04 COMMUNICABLE DISEASE CONTROL[S] Page 4 of 13 Services for examination, such specimens required or demanded by the director for establishing the diagnosis and control of such disease. (Ord. 2006-0040 § 79, 2006:Ord. 7583 Part 2 § 204, 1959.) 11.04.060 Physicians--Isolation ofi patient and other precautions. A. Any physician who discovers a case of contagious, infectious or communicable disease shall immediately cause the patient to be isolated and to remain isolated until otherwise ordered by the director B. The physician shall also advise other members of the household regarding the precautions to prevent further spread of the disease, and shall cooperate with the director in endeavoring to secure the immunization and prompt treatment of such patient and of persons who have been in contact with such patient to render them noninfectious. (Ord. 7583 Part 2 § 205, 1959.) 11.04.070 Tuberculosis--Recordkeeping requirements. All reports and all results of examinations of persons having or suspected of having tuberculosis shall be recorded by the director in a register, which register shall not be open to inspection by any person other than the health authorities of the state and county or of any public school district. (Ord. 7583 Part 2 § 206, 1959.) 11.04.080 Sanitary disposal of infectious excretions. No person having tuberculosis or other contagious, infectious or communicable disease shall dispose of his sputum, saliva or other bodily secretion or excretion so as to cause offense or danger to any person or persons occupying the same room, apartment, house or public place. In all cases of violation of this section, the director shall take such steps as he may find necessary to protect the public health. (Ord. 7583 Part 2 § 207, 1959.) 11.04.090 Quarantine--Placard requirements. No person shall interfere with or obstruct the director or his authorized representative in the posting of any placard establishing quarantine in accordance with law, in or on any place or premises, nor shall any person conceal, mutilate or remove any such placard, except by permission of the director. In the event any such placard is concealed, mutilated or torn down; the occupant of the premises whereon such placard was posted shall notify the director of such fact immediately. (Ord. 7583 Part 2 § 208, 1959.) 11.04.100 Quarantine--Leaving and entering premises--Limitations. It is unlawful for any person residing or being in any place which is quarantined by the director to leave, nor shall any unauthorized person enter such place without the written consent of the director; provided, however, that the physician in attendance, any registered nurse in attendance, the clergyman, undertaker, or any member of the department of public health, in performance of their duties, may have access to the quarantined household or any persons therein under such regulations as may be adopted from time to time by the director. Any permits issued under authority of this section may be revoked upon failure to comply with the regulations governing the issuance of such permits. (Ord. 2006-0040 § 80, 2006: Ord. 7583 Part 2 § 209, 1959.) 11 A4.110 Schools--Exclusion of children or other persons required when. A. It shall be the duty of the principal or other person in charge of any public, private; parochial, Sunday, kindergarten or boarding school, or day nursery, to exclude therefrom any child or other person with an infectious, contagious or communicable disease, or a disease such principal or other person suspects or has reason to suspect as being contagious, infectious or httn://search.municode.com/html/16274/ DATA/TITLEll/Chapter it 04_COMMITNL., 11/12/2010 Chapter 11.04 COMMUNICABLE DISEASE CONTROL[3] Page 5 of 13 communicable. If the attending physician, school physician or director finds, upon examination, that the person is not suffering from a contagious, infectious or communicable disease, he may submit a certificate to this effect to the school authority, who may readmit the person. B. In addition, the principal or other person shall exclude from attendance at school, and shall notify the director of said action taken, all children affected with the following named diseases: impetigo contagious, pediculosis, ringworm, scabies and Vincent's infection. The director shall prescribe conditions under which children with such diseases may attend school. (Ord. 7583 Part 2 § 210, 1959.) 11.04.120 Schools--Readmission of children--Condi#ions. A. No instructor, teacher, pupil or child who resides where any contagious, infectious or communicable disease exists, or has recently existed, which is subject to strict isolation or quarantine of contacts, shall be permitted by any superintendent, principal or teacher of any college, seminary, public or private school, or day nursery, to attend the college, seminary, School or nursery, except by the written permission of the director. B. Pupils or school or nursery employees who have been ill from any other contagious, infectious or communicable disease may be readmitted only by written permission signed by the attending physician, the school physician, or the director or his authorized agent. (Ord. 7583 Part 2 § 211, 1959. ) 11.04.130 Control measures when diagnosis is uncertain. In cases of doubt or disputed diagnosis, or where uncertainty exists as to the exact nature of a suspected case of contagious, infectious or communicable disease, the director shall enforce the control measures provided for the disease. Whenever a case of unrecognized illness shall be reported to the director, which upon investigation presents symptoms of a contagious, infectious or communicable disease, but in which, in the judgment of the director, sufficient time has not elapsed to render a positive diagnosis possible, the director shall establish the control measures applicable in actual cases of contagious, infectious or communicable disease until such time as positive diagnosis can be established. (Ord. 7583 Part 2 § 212, 1959.) 1L04.140 Disinfection measures following quarantine or other unsanitary conditions. A. Whenever a person or animal or other thing is discovered to be affected by or infected with a contagious, infectious or communicable disease, upon demand of the director, the owner or person in charge of the house containing said person, animal or thing shall cause the house, building or premises, and all articles therein which might harbor germs or viruses, or carriers thereof, to be disinfected, deloused, renovated, cleaned or fumigated, as required by and under the supervision of the director. B. Upon the termination of any case of contagious, infectious or communicable disease by death or recovery of the patient, or on removal of the patient from the house or other place, in which the patient had been staying during the course of the disease, the director shall make a determination of the means necessary to render noninfectious the house or other place occupied by the patient during the course of the disease. The director may order any person owning, or having any interest in said house or other place, to clean the premises according to specifcations of the director, and said person owning or having interest in said property shall obey all further orders of the director that may be determined by the director in his sole discretion to be necessary to destroy the vitality of pathogenic microorganisms or viruses on such premises. C. Whenever quarantine is established by the director forany contagious, infectious or communicable disease, he shall instruct all persons on the quarantined premises in the steps necessary to prevent the spread of the disease through infectious discharge, and such persons shall follow and obey such instructions. In the case of the louse-borne diseases, the director shall take such measures as may be necessary to delouse all infected persons who have been in contact with the infected person on the quarantined premises, and also such persons shall obey the orders of the director relating to said delousing program. D. Whenever the director, in his sole discretion, finds that an emergency exists requiring http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_04_COMMUNL.. 11/12/2010 Chapter 11.04 COMMINICABLE DISEASE CONTROL[3] Page 6 of 13 immediate action for the protection of public health, he shall prdceed to render any infected house, building or premises free from the danger of the spread of contagious, infectious or communicable disease; if, in the opinion of the director, it is necessary to destroy any clothing or bedding or other articles to prevent the spread of contagious, infectious or communicable disease, the same shall be destroyed by the director. E. Whenever the director finds any premises to be infested with vermin. or rats, or to be in such insanitary condition, as in his opinion to require fumigation or renovation, the director shall serve notice of such conditions on the owner or his agent, or tenant of such premises, and the owner, agent or tenant shall fumigate or renovate such premises as directed by the director. F. No person shall remove any article of clothing or bedding, or any other article by which the germs of disease may be carried, from any house, building or premises in which there is or has been a case of contagious, infectious or communicable disease, until such articles have been thoroughly disinfected and the permission of the director obtained for such removal. (Ord. 7583 Part 2 § 213, 1959.) 11.04.150 Exposed persons--Contacts with other persons restricted. Upon specific order of the director, a person or persons who have attended upon or otherwise come in contact with a case of communicable disease in such manner or to such extent as to render him or her liable to contract such disease or to communicate tt to others, shall refrain from going into a public place of assembly and shall not mingle with other persons not affected with such disease. The director may, when it is necessary, cause any person so exposed to be quarantined until the danger of such person's having or communicating such communicable disease has passed. (Ord. 7583 Part 2 § 214, 1959.) 11.04.160 Bodies of disease victims--Embalming restrictions--Report required when. No undertaker or embalmer shall begin the actual embalming of any body in which the cause of death is, or in which he suspects or has reason to suspect the cause of death as being, a contagious, infectious or communicable disease, until authorized by the director. If the case has not been previously reported to the director; the undertaker or embalmer shall immediately report to the director the name and address of the deceased person, and all facts relating to the cause of death known to said undertaker or embalmer. (Ord. 7583 Part 2 § 215, 1959.) 11.04.170 Hearse and mortuary car use restrictions. It is unlawful for any funeral director or other person to use, or cause or permit to be used, any vehicle other than a hearse or mortuary car for the conveyance of the body of any person dead of a contagious, infectious or communicable disease, except when said person dies while being transported in a vehicle, unless said body shall have been prepared for burial and encased in a sound casket and enclosed in a transportation case. (Ord. 7583 Part 2 § 216, 1959.) 11.04.180 Burial permi#s. For every burial permit issued pursuant to the Health and Safety Code, the applicant shall pay to the director, and the director shall collect the fee authorized pursuant to Health and Safety Code section 100430, except that no fee shall be charged for a burial permit of a person who died while in any branch of the armed forces during time of war. (Ord. 2006-0040 § 81, 2006: Ord. 7583 Part 2 § 217, 1959.) 11.04.190 Tuberculosis sanitarium--Alcoholic beverages prohibited. No person shall enter, be or remain upon the premises of any tuberculosis sanitarium while in possession of any alcoholic beverages, including beer and wine, in excess of a single dose prescribed by the sanitarium physician. (Ord. 10728 § 2 (part), 1973: Ord. 7583 Part 2 § 228, http://search.municode. corn/htmU 16274/_DATA/TITLE l l /Chapter_l 1_04_COMMINL.. 11 /12/2010 Chapter 11.04 COMMUNICABLE DISEASE CONTROL[3] Page 7 of 13 1959.) 11.04.195 Saie or use of alkyl nitrite products. A. It is unlawful for any person to use, sell, offer for sale or otherwise furnish to any other person any alkyl nitrite product, as defined herein. B. "Alkyl nitrite" means any volatile alkyl nitrite compound including, but not limited to, amyl nitrite, butyl nitrite, and isobutyl nitrite. C. "Alkyl nitrite product" means all products of any kind containing an alkyl nitrite in a form and amount which makes possible the introduction of an alkyl nitrite into the human body through any means including, but not limited to, injecting, ingesting or inhaling. D. As used in this section, the use of an alkyl nitrite product shall mean to inhale, inject, or otherwise introduce into the human body an alkyl nitrite product, unless done pursuant to a course of treatment prescribed or administered by a physician, dentist or podiatrist. E. The prohibition contained in subsection A of this section shall not apply to the sale, offering for sale, or furnishing of any alkyl nitrite product by: 1. A pharmacist to a physician, dentist, podiatrist; veterinarian or td any other person possessing a prescription issued by a physician, dentist, podiatrist or veterinarian for such a product; 2. A physician, dentist, podiatrist or veterinarian to his or her patients; or 3. A manufacturer or wholesaler of alkyl nitrite products to a pharmacist; physician, dentist, podiatrist or veterinarian. (Ord. 86-0173 § 1, 1986.) Part 2 RABIES CONTROL AND VICIOUS ANIMALS[5] 11.04.200 Persons biften by certain animals--Report required--Treatment. It shall be the duty of each physician to report to the director any case coming to the physician's attention in which a person has been bitten by, or otherwise exposed to, an animal of a species subject to rabies, giving the full name, age and address of the person who has been bitten. If no physician is in attendance on said case, said report shall be made by the person bitten or otherwise exposed, or, in the case of a minor, by his parent or guardian. The director shall ascertain that said individual is treated as the director, in his opinion and discretion, deems necessary for the protection of said individual, and the director shall order the quarantine and observation of.the biting ahimal until it is established by the director that such animal does not have symptoms of rabies. (Ord. 10728 § 1 (part), 1973: Ord. 7583 Part 2 § 218, 1959.) 11.04.210 Confinement of biting animals--Procedure generally. The biting animal shall be quarantined, confined and observed for at least 14 days (dogs- and cats, 10 days) after the day of infliction of the bite, with the exception that the following alternative to the 10-day isolation of dogs and cats is permitted: dogs or cats which have been isolated in strict conf nement, under proper care and under observation of a licensed veterinarian, in a pound, veterinary hospital or other adequate facility, in a manner approved by the director of public health, may be released from isolation by the director after five days of veterinary observation if, upon conducting a thorough physical examination on the fifth day or more after infliction of the bite, the observing veterinarian certifies that there are no clinical signs or symptoms of any disease. (Ord. 2006-0040 § 82, 2006: Ord. 10728 § 1 (part), 1973: Ord. 7583 Part 2 § 219, 1959.) 11.04.220 Confinement of biting animals--Alternate procedures. A. The quarantine described in Section 11.04.210 may be made on the property of the person having charge, custody or control of such animal when adequate quarantine facilities are available; or, at the discretion of the director, such animal may be placed under quarantine and observation in any licensed boarding kennel. http://search.municode.corn/htmU16274/ DATA/TITLEll/Chapter_ll_04 COMMUNL.. 11/12/2010 Chapter 11.04 COMMUNICABLE DISEASE CONTROL[3] Page 8 of 13 B. Should the animal be relinquished by the owner to the director to be disposed of upon release from quarantine, the director may, at his discretion, impound such animal in an approved animal control facility. (Ord. 10728 § 1 (part), 1973: Ord. 7583 Part 2 § 220, 1959.) 11.04.225 Fee for confinement of biting animals. A. Under the conditions described in subsection B of this section, the county shall recover a fee of $50.00 for the costs incurred by the department of public health in the confinement of a biting animal as described in Sections 11.04.200, 11.04.210 and 11.04.220. The county shall also recover any related costs, including care and feeding of the confined animal, and any reasonable costs that it may incur in connection with the collection of such fees, B. The fee shall be assessed when: 1. The director of public health or his designee confines an animal described in Section 11.04.200 on the owner or custodian's premises and the victim of the bite is not the owner or custodian of the animal; and 2. The victim was not engaged in an illegal activity against the person or on the property of the owner or custodian. C. Notwithstanding the above, the fee shall not be assessed when the animal is a police dog or guide dog as defined in California Health and Safety Code Sections 1919 and 1919:1. D. The director or his designee may waive, in full or in part, the above fee, if necessary to accomplish the protection of animal or public health, safety or welfare. (Ord. 2006-0040 § 83; 2006: Ord. 83-0055 § 11, 1993.) 11.04.230 Owner of biting animal--Report required--Examination of confined animal. Whenever the owner or person having charge, custody or control of any animal observes or learns that such animal has bitten or otherwise exposed a human being, such owner or person having charge, custody or control of such animal shall report the incident at once to the director and shall confine such animal in an enclosure, or shall securely hold and restrain said animal, by chain or other device, for examination and observation by the director. No owner or person having charge, custody or control of such animal shall fail, refuse or neglect to allow the director to make an inspection or examination of such animal for the purpose of determining whether such animal has symptoms of rabies. (Ord. 10728 § 3 (part), 1973: Ord. 7583 Part 2 § 221, 1959. ) 1iA4.240 Owner of biting animat--Quarantine requirements--Examination of dead animal. No owner or person having charge, custody or control of any animal biting or otherwise exposing a human being shall fail, refuse or neglect to confine in an enclosure, or securely hold and restrain such animal by chain or other device, upon the premises of the owner or person having charge, custody or control of such animal, for the period of quarantine as shown in Section 11.04.210. Should such animal die while under quarantine and observation, the owner or person having charge, custody or control of such animal shall surrender the carcass of s!!ch. animal or such portion of the carcass as may be demanded by the director. (Ord. 10728 § 3 (part), 1973: Ord. 7583 Part 2 § 222, 1959.) 11.04.250 Destroying quarantined animal prohibited--Exception. It is unlawful for any owner or person having charge, custody or control of any animal that has bitten or otherwise exposed a human being or is suspected of having rabies to destroy such animal, or have such animal destroyed, during the quarantine period, unless permission is granted by the director. (Ord. 10728 § 3 (part), 1973: Ord. 7583 Part 2 § 223, 1959.) 11.04.260 Suspected rabid animals--Owner report and confinement duty. http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter 11_04_COMMUNL.. 11/12/2010 Chapter 11.04 COMMiNICABLE DISEASE CONTROL[3] Page 9 of 13 Whenever the owner or person having charge, custody or control of any animal learns or observes that such animal has shown symptoms of rabies or has acted in a manner which would give said person or owner reason to believe that said animal has rabies, it shall be unlawful for such owner or person having charge, custody or control of such animal to fail, refuse or neglect to notify the director at once and to confine such animal in an enclosure, or to securely hold and restrain such animal by chain or other device until it shall be established that such animal does not have symptoms of rabies, or to fail, refuse or neglect to allow the director to inspect or examine such animal for symptoms of rabies. (Ord. 10728 § 3 (part), 1973: Ord. 7583 Part 2 § 224, 1959.) 11.04.270 Quarantine of animals coming in contact with rabid animals. Animal contacts of a known rabid or suspected rabid animal shall be quarantined in a place and manner, and for a period of time, designated by the director. (Ord. 10728 § 3 (part), 1973: Ord. 7583 Part 2 § 225, 1959.) 11.04.280 Vicious animals--Identifiication procedure--Confinement requirements. A. It shall be the duty of the director, upon receipt of an affdavit from any person who has been bitten by an animal or from a person who has witnessed such an occurrence, to investigate and, upon reasonable indication of the animal's viciousness, to notify the owner or custodian of such animal, in writing, to keep such animal at all times confined strictly to the premises of said owner or custodian in such a manner that the animal may not do bodily harm to any person having legitimate reason to be upon the premises of said owner or custodian. B. Permanent Quarantine. After the receipt by the owner or custodian of such animal of the notice as provided in subsection A of this section, the owner or custodian shall at all times thereafter keep such animal, or cause such animal to be kept, on the property or premises where such owner or custodian resides, in the manner specified in subsection A above. Such animal shall not be moved from the place of quarantine or disposed of in any manner without the permission of the director, and in the event of the death of the animal, the carcass of the animal shall be surrendered by the owner or custodian to the director on demand, as proof of the death of the animal. (Ord. 10728 § 2 (part), 1973: Ord. 7583 Part 2 § 226, 1959.) 11.04.290 Vicious animals--Appeal fram quarantine requirement--Hearing procedures. Any person whose animal has been declared vicious and placed on permanent quarantine may petition the director for a hearing. Such a petition shall be in writing, signed by the applicant, and shall set forth in detail the facts and reasons upon which his petition is based. If the director finds that the facts upon which he based his order of quarantine no longer exist, he shall rescind the quarantine. Otherwise, he shall set the matter for a public hearing not less than 60 days after the filing of the petition and, in writing, either by registered or certified mail, postage prepaid, or in th_ e manner required for the service of summons in civil actions, not less than five days prior to the hearing, notify the applicant of the time and place thereof. The director shall give the petitioner and all other persons who desire to be heard an opportunity to testify and to present any relevant facts. The director may place any witness under oath. The director, when he deems it necessary, may continue the hearing at any time and shall give notice thereof at the hearing or as required when the matter is first set for hearing. At the close of the hearing or within 10 days thereafter, from the evidence presented, the director shall determine the facts and shall take the action required thereby, continue the quarantine, set aside the quarantine, or such other action as is required by law under the facts. He may notify the petitioner at the close of the hearing as to his ruling if the petitioner is present, either in person or by counsel. Otherwise, he shall notify the petitioner of his action by a notice in writing served by first class mail, postage prepaid, or in the manner required for the service summons in a civil action. (Ord. 10728 § 4, 1973: Ord. 7583 Part 2 § 227, 1959.) Part 3 BATHHOUSES AND SIMILAR COMMERCIAL ESTABLISHMENTS http://search.municode.com/html/16274/ DATA/TITLEll/Chapter 11 04 COMMINL.. 11/12/2010 Chapter 11.04 COMMUNICABLE DISEASE CONTROL[3] Page 10 of 13 11.04.300 Findings. Acquired Immune Deficiency Syndrome (AIDS) is a fatal disease of epidemic proportions in Los Angeles County. Evidence exists that certain commercial establishments in the county allow, facilitate, and/or provide facilities far their patrons to engage in high risk sexual contact which poses a significant risk for the transmission of the human immunodeficiency virus (HIV), which has been associated with AIDS, and other sexually transmitted diseases. Such high risk sexual contact poses an unacceptable public health risk which must be eliminated. (Ord. 2004-0050 § 1, 2004: Ord. 88-00120 § .1 (part), 1988.) 11.04.310 Definitions. The following terms as used in this Part 3 shall have the following meanings: A.1. "Commercial sex venue" means any establishment that charges patrons or members a fee for admission or membership and which as one of its primary purposes allows, facilitates, and/or provides facilities for its patrons or members to engage in any high risk sexual contact while on the premises. 2. Excluded from the definition of commercial sex venue shall be any hotel or motel, as defined in subsection C of this section. 8.1. "High risk sexual contact" means anal or vaginal intercourse, oral copulation, and any other behavior or activity identified by the county health officer pursuant to subsection B.2 of this section. 2. In recognition that medical information about AIDS and how it is transmitted continues to develop, the county health officer may amend the definition of high risk sexual contact when, in his opinion, such a change is supported by the then-available scientific information. Any such change shall be effective only after notice of such change is given to the board of supervisors and is published once a week for three weeks in a newspaper of general circulation in the county and is provided to each establishment which has been issued or applied for a permit pursuant to Section 11.04.320 herein. C. "Hotel" or "motel" means a commercial establishment meeting ali of the following requirements: 1. The establishment holds itself out as being primarily in the hotel or motel business; 2. The establishment is licensed by all applicable jurisdictions as a hotel or motel; 3. The establishment complies with any applicable occupancy tax ordinahce; 4. The establishment complies with all applicable state, city and county statutes, ordinances and regulations controlling the operation of motels or hotels. (Ord. 2004-0050 § 2, 2004: Ord. 88- 00120 § 1 (part), 1988.) 11.04.320 Public health facility permi#._, _._,__ _ _ __ __ .. __ A. It shall be unlawful for any person or entity to operate, conduct or carry on a commercial sex venue, unless the owner of the commercial sex venue first obtains, and continues to maintain in full force and effect, a public health facility permit. The owner of any commercial sex venue which was lawfully operating on the effective date of this section shall either cease operation or obtain a public health facility permit within six months of the effective date of this section. B. Within 30 calendar days of the adoption of this section, the county health officer shall establish commercial sex venue regulations, which are intended to eliminate the unacceptable public health risk posed by the operation of commercial sex venues. A copy of these commercial sex venue regulations shall be made available to any member of the public at no charge, upon request. As determined necessary by the county health officer, he may, from time to time, amend the commercial sex venue regulations. A copy of any amendments shall also be made available to any member of the public at no charge, upon request. C. Upon review and verification by the county health officer that the owner has met the requirements enumerated in the commercial sex venue regulations, he shall issue a public health facility permit to the owner. D. Any public health facility permit issued by the county health officer to the owner of a commercial sex venue is nontransferable: The public health facility permit shall be valid for a http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_04 COMMUNL.. 11/12/2010 Chapter 11.04 COMMUNICABLE DISEASE CONTROL[3) Page 11 of 13 twelve-month period and only for the approved facility. (Ord. 2004-0050 §§ 3, 4, 2004.) 11.04.330 Posting requirements. A. The public health facility permit issued to the owner of any facility operating as a commercial sex venue must be posted and exhibited at all times in an area that is visible to the public and to patrons and members of the commercial sex venue. B. At all times, every commercial sex venue shall have posted so as to be clearly visible to patrons and members entering the establishment a legible sign, in lettering at least one inch in size, that provides the following information: Any public health concerns regarding this establishment should be directed to the Los Angeles County Department of Health Services Office: (the program office address and telephone number to be provided by the county health officer). (Ord. 2004-0050 §§ 5, 6, 2004.) 11.04.340 Permit--Reporting requirements. Every owner of a commercial sex venue for which a public health facility permit has been issued by the county health officer under the provisions of this Part 3 shall report to him any changes in the status of the business or activities which is made reportable by commercial sex venue regulations, within 15 calendar days of the change. (Ord. 2004-0050 § 7, 2004.) 11.04:350 Permit--Suspension and revocation. A. Any public health facility permit issued pursuant to this Part 3 may be suspended or revoked at any time by the county health officer for failure to comply with any provision of this Part 3 or any other violation of law or standard which creates a risk to the public health or safety, including, but not limited to, any violations of the commercial sex venue regulations, the Los Angeles County Code or the California Health and Safety Code, or any combination thereof, or for interference with the county health officer's performance of his duty. B. Whenever the county health officer finds that an owner is not in compliance with the requirements of this Part 3, or any law or standard affecting the public health or safety, including, but limited to, the commercial sex venue regulations, the Los Rngeles County Code or the California Health and Safety Code, or any combination thereof, a written notice of noncompliance shall be issued to the owner. The notice of noncompliance shall include a statement of all deficiencies found, and shall specify the mandatory corrective measures, including, if appropriate, preparation by the owner of a corrective action plan, which must be completed to address all deficiencies. The county health officer shall provide a date (hereinafter "compliance date") by which all the mandatory corrective measures must be completed. On the compliance date, the county health officer will assess if the mandatory corrective measures taken by the owner are sufficient to cause the county health officer to conclude that the deficiencies that were set out in the notice of noncompliance have been corrected br otherwise sufficiently addressed to ensure that they no longer present a risk to public heath or safety. The notice of noncompliance shall inform the owner that failure to sufficiently address the deficiencies may result in the imposition of any penalty provided for in this Part 3. The notice of noncompliance shall also advise the owner of his right to an administrative review under the provisions of subsection E of this section. C. Notwithstanding any other provision df this Part 3, if the county health offcer finds that an owner is not in compliance with the requirements of this Part 3, or any law or standard affecting the public health or safety, including, but not limited to, the commercial sex venue regulations, the Los Angeles County Code or the California Health and Safety Code, or any combination thereof and this owner has demonstrated a pattern of violations such that, in the judgment of the county health officer additional time will not result in compliance, the county health offcer may immediately suspend or revoke the owner's health facility permit. In such case, the county health officer shall issue a written notice to the owner that shall specify the acts or omissions found to be violations of any applicable regulations or laws, and in the case of suspension, shall state the duration of the suspension and the corrective measures, if any, which the owner must implement as a condition of the reinstatement or reissuance of the permit, at end of the sispension period. The notice shall also advise the owner of his right to an administrative review under the provisions of subsection E of this section. http://search.municode.com/htm1116274/ DATA/TITLEli/Chapter 11 04 COMMUNL.. 11/12/2010 Chapter ll.04 COMMUNICABLE DISEASE CONTROL[S] Page 12 of 13 D. Notwithstanding any other provision of this Part 3, if any immediate danger to the public health or safety is found or is reasonably suspected, unless the condition is corrected forthwith, the county health officer may immediately suspend any public health facility permit issued pursuant to this Part 3, and/or initiate a criminal complaint, pending a determination of an administrative review as provided herein. Immediate danger to the public health or safety shall include any condition, based upon inspection findings or other evidence, that can cause, or is reasonably suspected of causing, infection or disease transmission, or any known or reasonably suspected hazardous condition. Whenever a public health facility permit issued pursuant to this Part 3 is immediately suspended as a result of an immediate danger to the public health or safety, the county health officer shall issue to the owner a written notice of noncompliance. The notice of noncompliance shall include a statement of all deficiencies found, and shall specify the mandatory corrective measures, including, if appropriate, preparation by the owner of a corrective action plan, which must be completed to address all deficiencies. The county health officer shall set a compliance date by which all the mandatory corrective measures must be completed. On the compliance date, the county health officer will assess if the mandatory corrective measures taken by the owner are sufficient to cause the county health officer to conclude that the deficiencies that were set out in the notice of noncompliance have been corrected or otherwise sufficiently addressed to ensure that they no longer present a risk to the public health or safety. In this circumstance where a business is immediately closed because of an immediate danger to the public health or safety is found or reasonably suspected, the owner may request that the compliance date occur on a date earlier than that scheduled by the county health officer. If the owner requests this earlier date, the county health officer shall reschedule the compliance date to a time no later than the end of the third business day following the owner's request. The notice of noncompliance shall inform the owner that failure to sufficiently address the deficiencies may result in the imposition of any penalty provided for in this Part 3. The notice of noncompliance shall also advise the owner of his right to an administrative review under the provisions of subsection E of this section. E. A request for an administrative review, as specified in subsections B and D of this section, must be made by the owner in writing within 15 calendar days of the compliance date set forth in the notice of noncompliance or any extension thereof which is later granted by the county health officer. A request for an administrative review, as specified in subsection C of this section, must be made by the owner in writing within 15 calendar days of the date the notice provided for in subsection C is issued by the county health officer. Failure to request an administrative review within the prescribed time shall be deemed a waiver of the right to such review. The administrative review shall be held within 15 calendar days of the receipt of a written request for a review and shall be conducted by a designee of the county health officer who was not involved in issuing the notice of noncompliance (hereinafter "reviewer"). Upon written request of the owner, or on his own initiative, the reviewer may advance or postpone the scheduled administrative review date, if, in his opinion, good cause warrants such action. The reviewer shall issue to the owner a written notice of his decision within five working days of the completion of the administrative review. Upon completion of the administrative review, the reviewer may modify, suspend, revoke or continue all such actions previously imposed upon a public health facility permit issued pursuant to this Part 3. In the event of suspension or revocation of the public health facility permit, the notice of decision shall specify the acts or omissions found to be violations of any applicable regulations or laws and, in the case of suspension, shall state the duration of the suspension and. the corrective measures, if any, which the owner must implement as a condition of the reinstatement or reissuance of the permit, at end of the suspension period. F. In the event a public health facility permit is suspended or revoked, the owner of the commercial sex venue shall cease to operate said facility as a commercial sex venue, unless and until the public health facility permit is reinstated or reissued. (Ord. 2004-0050 § 8, 2004.) 11.04.350 Compliance with Part 3 provisions required._ A. The provisions of this Part 3 are in full force and effect in the county and in every municipal jurisdiction in the county adopting this Part 3. B. Any person owning or operating any business or establishment regulated by this Part 3, must comply with the provisions of this Part 3. C. Any person who owns or operates a commercial sex venue without a valid public health facility permit, or who, upon demand of the county health officer, refuses, or neglects to conform to a lawful order or directive issued by him pertaining to conduct regulated by this Part 3, is guilty of a http://search.municode.com/htmU162741 DATA/TITLEll/Chapter 11_04_CONIMUNL.. 11/12/2010 Chapter 11.04 COMiY1UNICABLE DISEASE CONTROL[3] Page 13 of 13 misdemeanor, punishable by a fine of $1,000.00, imprisonment in the county jail for a period not exceed six months, or both. Each such act is punishable as a separate offense, and each subsequent day that an act continues constitutes a separate act punishable as separate offense. (Ord. 2004-0050 § 9, 2004.) 11.04.370 Health officer--Right to enter and inspect. The county health officer may enter and inspect any commercial sex venue, or enter and inspect any location suspected of being a commercial sex venue, for purposes of enforcing this Part 3. Such inspections may be conducted as often as necessary to ensure compliance with the provisions of this Part 3. (Ord. 2004-0050 § 10, 2004.) 11.04.380 Noncompliance with county health officer--Injunctive relief. Any act or failure to act which is a violation of this Part 3 may be the subject of a civil action to enjoin the person so acting or failing to act to conform his or her conduct to the provisions of this Part 3. The filing and prosecution of such an action shall, in no way,-limit the authority or ability of the county health officer to enforce the requirements of this Part 3 or impose penalties or take any other actions enumerated herein. (Ord. 2004-0050 § 11, 2004.) «orevious ~ next» httro://search.municode.corn/htmUi6274! DATA/TITLEll/Chapter_ll_04_COViMIJNL.. 11/12/2010 Chapter 11.06 PERMITS AND SPECIAL SERVICE FEES Title 11 HEALTH AND SAFETY Page 1 of 1 Chapter 11 A6 PERMITS AIdD SPECIAL SERVICE PEES 11.06.020 Fee schedule. 11.06.020 Pee schedule. The director of public health shall from time to time review, adopt, amend, repeal and enforce rules and regulations for the protection of the public health, safety and general welfare. Such rules and regulations may include a schedule of fees to pay far cost of services provided pursuant to Title 8 and Title 20 of this code. (Ord. 2006-0040 § 84, 2006: Ord. 2005-0053 § 6, 2005: Ord. 11992 § 5 (part), 1979: Ord. 7583 Part 3 Ch. 10 § 751, 1959.) «orevious ~ next» http://search.municode.com/htmU16274/_DATA/'I'ITLEll/Chapter_ll_06 PERMITS A... 11/12/2010 Chapter 11.08 CHILDREN'S CAMPS* Title 11 HEALTH AND SAFETY Chapter 11.08 CHILDREN'S CAMPS 11 08.010 Children's camp defined. 11 08 020 Establishment--Plans and specifcations required. 1108 030 General requirements--Compliance required. 11.08.040 Sanitation and maintenance. 11 08.050 Toilets lavatories and showers. 11.08.060 I of rmarv. 11.08.070 Sleeping quarters. 11.08.080 Food supply. 11.08.090 Milk 11 08.100 Utensils and other food service equipment. For statutory provisions on organized camps, see Health and Saf. Code § 18897 et seq. 11.08.010 Children's camp defined. Page i of 3 A children's camp is any place maintained for recreational or other purposes where 10 or more children under the age of 21 are kept for fve days or more while away from their usual place of residence. This chapter shall not apply to any private boarding school as defined in this Division 1, or any place of detention maintained by a governmental agency. (Ord. 7583 Part 3 Ch. 9 § 700, 1959.) 11.08.020 Establishment--Plans and specifications required. A person intending to establish a new children's camp shall submit, in duplicate, complete plans of the proposed camp, including a plotplan drawn to scale, to the director for approval, prior to construction of new buildings or conversion of existing buildings. (Ord. 7583 Part 3 Ch. 9 § 701, 1959. ) 11.fl8.030 General requirements--Compliance required. Children's camps shall comply with the requirements of the California Health and Safety Code, Division 13, Part 2.3, Camps, and the California Code of Regulations, Title 17, Subchapter 6, Organized Camps. (Ord. 2007-0089 § 4, 2007: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 9 § 709; 1959.) 11.08.040 Sanitation and maintenance. All camp facilities, buildings and grounds in a children's camp shall be maintained in good repair http://search.municode.com/htmll16274/ DATA/TITLEll/Chapter_ll_08_CHILDREN... 11/12/2010 Chapter 11.08 CHILDREN'S CAMPS* Page 2 of 3 and in a clean, sanitary condition. (Ord. 7583 Part 3 Ch. 9 § 708, 1959.) 11.08.050 Toilets, lavatories and showers. A. Every children's camp shall be provided with at least one toilet facility for each multiple of 15 children, or fraction thereof, of each sex. Toilet and shower rooms shall be maintained in a clean, sanitary condition. Children's sleeping quarters shall not be located over 200 feet from a toilet building. At least one lavatory with running water shall be located adjacent to each toilet room or privy structure. A lavatory for hand-washing, provided with hot and cold running water, shall be maintained within each kitchen, and used for no other purpose. At least one shower head with hot and cold running water shall be provided for each 15 children of each sex. The operator shall provide soap for all such lavatories and showers; all such showers shall be in buildings and all such buildings shall be properly lighted, plumbed and ventilated. All children in children's camps shall be given the opportunity to use the showers at reasonable intervals. B. This section shall not prohibit the installation and maintenance of additional properly plumbed, open-air showers in connection with swimming pools or swimming areas. (Ord. 7583 Part 3 Ch. 9 § 702, 1959.) 11.08.060 Infirmary. Every children's camp shall have an infrmary building exclusively for isolation purposes. Such building shall be properly screened, heated, ventilated, and supplied with separate toilet facilities and a lavatory with hot and cold running water. The construction of the infirmary shall be such that the occupants shall be protected against dampness during inclement weather. A tent shall not be used as an infrmary building. (Ord. 7583 Part 3 Ch. 9 § 703, 1959.) 11.08.070 Sleeping quarters. A. No person shall use, or suffer or permit any child or adult to use, any room or place for sleeping purposes within any children's camp if such room or place is overcrowded, or if there is insufficient light, windows, ventilation or drainage, or if the room or place is insanitary. In all rooms or places used as sleeping quarters, the beds shall be so situated that there is a clear space of at least three feet horizontally and 30 inches vertically between beds. B. Every room or place used for sleeping purposes, occupied by two persons, shall contain not less than 630 cubic feet of air space. C. Every room or place used far sleeping purposes shall be deemed to be overcrowded if it is occupied by more than two persons and contains less than 630 cubic feet of air space plus 500 cubic feet of air space for every person occupying the room in excess of two persons. (Ord. 7583 Part 3 Ch. 9 § 704, 1959.) 11.08.080 Food supply. It is unlawful to use any food in a children's camp unless such food is from a source approved by the director. (Ord. 7583 Part 3 Ch. 9 § 706, 1959.) 11.08.090 Milk. It is unlawful to serve or use any milk in a children's camp unless such milk is certifed milk or is pasteurized market milk. {Ord. 7583 Part 3 Ch. 9 § 705, 1959.) 11.08.100 Utensils and o#her food service. equipment. All utensils, counters, shelves, tables, stoves, hoods, refrigeration equipment and all other food service equipment shall be kept clean and in good repair. It is unlawful to use or keep any utensils that are corroded, cracked, chipped or broken. (Ord. 7583 Part 3 Ch. 9 § 707, 1959.) htto://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_08_CHILDREN... 11/12/2010 Chapter 11.08 CHILDREN'S CAMPS* <cprevious ~ next» Page 3 of 3 httn://search.municode.com/htmll16274/ DATA/TITLEII/Chapter 11 08 CHILDREN... 11/12/2010 Chapter 11.10 FOOD DEMONSTRATORS Title 11 HEALTH AND SAFETY Chapter 11.10 FOOD DEMONSTRATORS 11.10.010 Food demonstrator defined. 11 10 020 Location for food preparation and serving. 11.10 030 Demonstrator to remain at disolav area. 11 10 040 Foods--Sanitation requirements. 11 10.050 Foods--Storage--Requirements generally. 11 10 060 Foods--Storage--Temperature control. 11 10 070 Foods--Implements for handling. 11.10.080 Utensils. 11.10.090 Waste disposal. 11.10.100 Personal cleanliness. 11 10110 Hand-washingfacilities. 11.10.120 Toilet facilities. 11 10.130 Additional requirements authorized when. 11.10.010 Food demonstrator defined. Page 1 of 3 "Food demonstrator" means any person who offers or serves to the public, with or without dharge, unpackaged bulk food or packaged food, for the purpose of publicizing, advertising, or promoting the sale of food, food products or food equipment. "Food demonstrator" does not mean a person operating a pool establishment, restaurant or itinerant restaurant. (Ord. 2008-0013 § 13, 2008: Ord. 8614 § 1 (part), 1964: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 900, 1959.) 11.10.020 Location for food preparation and serving. All food used by a food demonstrator shall be stored, prepared and served in a building or tent, which shall be completely enclosed. Reasonable exits and entrances, as well as openings for the purpose of ventilation are permitted. Flies and dust shall be controlled so as not to constitute a health hazard. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 901, 1959.) 11.10.030 Demonstrator to remain at display area. Demonstrators, when offering food to customers, shall at all times remain at their display booths. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 911, 1959.) http://search.municode.com/htmUi6274/ DATA/TITLE111Chapter_ll_10 FOOD DEM... 11/12/2010 Chapter 11.10 FOOD DEMONSTRATORS 11.10.040 Foods--Sanitation requirements. A. All food used, or to be used, by a food demonstrator shall be protected at all times from contamination by persons, flies, dust and dirt. B. Food in the process of being heated, chilled, compounded or displayed shall be protected at all times from contamination by persons, flies, dust and dirt, by panels of glass, plastic or other material arranged in such manner as will be acceptable to the director. C. Food samples shall not be offered from a common bowl, container, or tray or other device, in such a manner that the recipients hands might contact dther food being offered or on display. D. No exhibit of food shall be left unattended at any time. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 904, 1959.) 11.10.050 Foods--Storage--Requirements generally. All food or food products shall be stored in compliance with Section 11.12.230. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 908, 1959.) 11.10.060 Foods--Storage--Temperature control. Page 2 of 3 Food demonstrators shall comply with the provisions of Section 11.12.240. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 905, 1959.) 11.10.070 Foods--Implements for handling. Tongs; spatulas or other suitable implements shall be used by food demonstrators in the handling of foods. Hand contact with food shall be kept aC the minimum. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 907, 1959.) 11.10.080 Utensils. All implements, tools and equipment shall at all times be kept in a clean and sanitary condition and in good repair. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 906, 1959.) 11.10.090 Waste dispasal. Containers equipped with tightfitting lids or covers shall be provided for refuse, and exhibits shall be kept clean and sanitary. Where tanks, icers or other apparatus are used, facilities for the sanitary and adequate collection and disposal of wastewater shall be provided. {Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 909, 1959.) 11..10.100 Personal cleanliness. All food demonstrators and food handlers shall wear clean, washable garments. Female food demonstrators and food handlers shall wear headbands, hair nets, or caps that confine their hair. The hands of all such persons shall be free of cuts, sores and bandages, and shall be kept clean at all times when food is being prepared or demonstrated: (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 910, 1959.) 11.10.110 Hand-washing facilities. A. Hand-washing facilities shall be provided food demonstrators and food handlers assisting them. B. Said facilities shall be located at the place where food is offered or served closely adjacent httn://search.municode.coxn/htmU16274/ DATA/TITLElllChapter 11 10 FOOD DEM... 11/12/2010 Chapter 11.10 FOOD DEMONSTRATORS Page 3 of 3 thereto. C. When the number of lavatories or the facilities thereof are inadequate, or their location is such that their use by food demonstrators or food handlers or others assisting them will be inhibited,. the director may order the installation of additional lavatories in such numbers and at such locations as will insure the protection of the public health. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 903, 1959.) 11.10.120 Tailet facilities. Tqilet facilities shall be provided for food demonstrators and food handlers who assist them. Said toilets must be conveniently located and at a distance not in excess of 300 feet from the place at which the food demonstration is conducted. There shall be separate toilets for each sex. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 902, 1959.) 11.10.130 Additional requirements authorized when. The director of public health may impose such additional requirements upon particular food demonstrators, and the manner of their operation, depending upon special circumstances respecting the type of food and the manner and location of its distribution and display, as are required for the protection of the public health. (Ord. 2006-0040 § 85, 2006: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 912, 1959.) « orevious ~ next http://search.municode.com/htmll162741_DATAITITLEi1/Chapter 11_10 FOOD_DEM... 11/12/2010 Chapter 11.11 WHOLESALE FOOD SAFETY CERTIFICATION Page 1 of 4 Title 11 HEALTH AND SAFETY Chapter 71.41 WHOLESALE FOOD SAFETY CERTIFICATION 11.11.010 Definitions. 11 11.020 Application and effect. 11 11 030 Procedure for obtaining a food handler's trairiing certificate. 11.11.040 Approved and accredited examination. 11.11.060 Exemptions. 11 11 070 Food safety certificate availability. 11 11.080 Compliance with certified food handler requirement. 11.11.100 Expiration. 11 11 110 Responsibilities of a certified food handles 11.11.120 Suspension of food safety certificate. 11 11 130 Right to appeal following suspension. 11.11.140 Notice of decision. 11.11.010 Definitions. As used in this chapter: A. "Certified food handler" means an owner, operator, or any other person who possesses a current and valid food safety certificate and who supervises all or part of a wholesale food establishment's operations. B. "Department" means the county of Los Angeles, department of public health. C. "Director" means the director of the department of public health or his duly authorized designee. D. "Food safety certificate" means the certificate issued by the department, certifying that an individual has satisfactorily met the requirements set forth in Section 11.11.030, and demonstrated competency in food safety by passing an approved and accredited food safety certification examination as specified in Section 11.11.040. E. "Potentially hazardous food" means those foods as defined in section 11.12.005 (Z). (Ord. .2007-0089 § 6, 2007: Ord. 2006-0040 § 86, 2006: Ord. 97-0071 § 9 (part), 1997.) 11.11.020 Appiication and a##ect. A. Each wholesale food establishment as defned in Section 11.12.005 (JJ) shall have at least. one certified food handler on the premises at all times during hours of operation. B. Wholesale food establishment owners/operators who operate more than one wholesale food establishment shall be required to have at least one certified food handler at each wholesale food establishment at all times during hours of operation. C. Failure to have a certified food handler on site at all times during the hours of operation of any httn://search.municode.com/html/16274/ DATA/TITLEil/Chapter 11 11 WHOLESAL... 11/12/2010 Chapter 11.11 WHOLESALE FOOD SAFETY CERTIFICATION Page 2 of 4 wholesale food establishment as specified in this section shall be grounds for the suspension or revocation of the wholesale food establishment's public health license pursuant to the applicable provisions of Chapter 8.04 of this code and shall be punishable as set forth in Section 8.04.930. (Ord. 2007-0089 § 7, 2007: Ord. 97-0071 § 9 (part), 1997.) Editor's note: Enacted by Ordinance 97-0071, Chapter 11.11 is effective January 16, 1998. 11.11.030 Procedure for obtaining a food handler's training certificate. A. Every person desiring a food safety certificate shall file with the department an application for certification. Upon application, each person desiring certification shall provide: 1. A current and valid certificate issued by an accredited entity which indicates passage of an approved and accredited food safety certifcation examination as specified in Section 11.11.040; and 2. A current and valid photo identification of the applicant including but not limited to a state issued driver license or United States passport. B. Persons who have had their food safety certificate revoked by the department, and desire recertification, shall file with the department an application for recertification. Upon application, each person desiring recertification shall provide: 1. A current and valid certificate issued by an accredited entity which indicates passage of an approved and accredited food safety certification examination as specified in Section 11.11.040 on a date following the date of revocation of the certificate by the department. 2. A current and valid photo identification of the applicant including but not limited to a state issued driver license or United States passport. (Ord. 2007-0089 § 8, 2007: Ord. 97-0071 § 9 (Part), 1997.) 11.11.040 Approved and accredited examination. A. The food safety certification examination shall include, but need not be limited to, all of the following elements of knowledge: 1. Foodborne illness, including terms associated with foodborne illness, micro-organisms, hepatitis A, and toxins that can contaminate food and the illness that can be associated with contamination, definition and recognition of potentially hazardous foods, chemical, biological, and physical contamination bf food, and the illnesses that can be associated with-food contaminations, and major contributing factors for foodborne illness. 2. The relationship between time and temperature with respect to foodborne illness, including the relationship between time and temperature and micro-organisms during the various food handling preparation, and serving states, and the type, calibration, and use of thermometers in monitoring food temperatures. 3. The relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food employee health to foodborne illness, and the recognition of how policies, procedures, and management contribute to improved food safety practices. 4. Methods of preventing food contamination in all states of food handling, including terms associated with contamination and potential hazards prior to, during, and after delivery. 5. Procedures for cleaning and sanitizing equipment arid utensils. 6. Problems and potential solutions associated with facility and equipment design, layout, and construction. 7. Problems and potential solutions associated with temperature control, preventing cross- contamination, housekeeping, and maintenance. B. Food safety certification examinations shall be developed by certification organizations accredited by the American National Standards Institute as meeting the requirements of the Conference for Food Protection's "Standards for Accreditation of the Conference for Food Protection Manager Certification Programs." Persons who successfully pass an approved certification examination shall be issued a certificate by the certifying organization. The issuance date for each original certificate issued pursuant to this section shall be the date when the individual successfully passes the examination. (Ord. 2007-0089 §§ 9, 10, 2007.) 11.91Afi0 Exemptions. http;//search.municode.corn/htmU16274/ DATA/TITLEll/Chapter 11_11 WHOLESAL... 11/12/2010 Chapter 11.11 WHOLESALE FOOD SAFETY CERTIFICATION Page 3 of 4 Wholesale food establishments which deal exclusively with non-potentially hazardous pre- packaged food or wholesale food establishments required by the department to have only temporary operating permits shall be exempt from the provisions of this chapter. (Ord. 2007-0089 § 12, 2007:Ord. 97-0071 § 9 (part), 1997.) 11.11.070 Foad safety certificate availability. The original food safety certificate shall be retained on file at the wholesale food establishment at all times and shall be made available for inspection by the department upon request.. (Ord. 2007- 0089 § 13, 2007: Ord. 97-0071 § 9 (part), 1997.) 11.11.080 Compliance with certified food handler requirement. A wholesale food establishment that commences operation, changes ownership, or no longer has a certified food handler, shall have 60 days to comply with this subdivision. (Ord. 2007-0089 §§ 14, 15, 2007.) 11.11.100 Expiration. The food safety certificate shall be valid for five years from the date of passing an approved and accredited food safety certification examination as specified in Section 11.11.040. Upon the expiration or revocation of the food safety certifcate, all persons must reapply for a new certificate according to the procedure set forth in Section 11.11.030. (Ord. 2007-0089 § 17, 2007: Ord. 97-0071 § 9 (part), 1997.) 11.11.110 Responsibilities of a certified food handler. A certifed food handler of a wholesale foed establishment shall be responsible for the safety of food preparation and service, by ensuring that all employees who handle, or have responsibility for handling non-prepackaged foods of any kind, have sufficient knowledge to ensure the safe preparation or service of the food, or both. The nature and extent of the knowledge that each employee is required to have may be tailored, as appropriate, to the employee's duties related to food safety issues. (Ord. 2007-0089 §§ 18, 19, 2007.) 11.11.120 Suspension of food safety certificate. A. The director may immediately suspend any food safety certificate when any of the following conditions are found to exist within a wholesale food establishment which is operated by or under the supervision of the certified food handler: 1. Evidence indicating repeated or continuing violations of required procedures and practices in the preparation, service, storage, distribution or sale of food offered for public consumption; 2. Any condition detrimental to the public health, which shall include but not be limited to, any condition that can cause food infection, food intoxication, disease transmission or any hazardous condition including, but not limited to, unsafe food temperature; or 3. Evidence indicating falsifcation of information required by the department for issuance of the food safety certificate. B. The director shall issue a notice to the certified food handler setting forth the acts or omissions with which he or she is charged and informing him or her of the right to a hearing, if requested, to show just cause why the certificate should not be revoked. (Ord. 2007-0089 § 20, 2007: Ord. 97- 0071 § 9 (part), 1997.) 11.11.130 Right to appeal following suspension. A. Any certified food handler whose food safety certificate has been suspended may make a written request for hearing within 15 calendar days after receipt of the notice specified in Section http://search.municode.com/htmU16274/ DATA/TITLEII/Chapter 11_11 WHOLESAL... 11/12/2010 Chapter 11.11 WIIOLESALE FOOD SAFETY CERTIFICATION Page 4 of 4 11.11.120 to show just cause why the certificate should not be revoked. A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the director may order a hearing at any reasonable time within this 15 day period to expedite the certification revocation process. B. The hearing shall be held within 15 calendar days of the receipt of the request for a hearing. Upon written request of the certified food handler, the director may postpone any hearing date, if circumstances warrant such action. C. The director shall preside over any hearing requested under this section. (Ord. 2007-0089 § 21, 2007: Ord. 97-0071 § 9 (part), 1997.) 11.11.140 Notice of decision. A. The director shall issue a written notice of decision to the certified food handler within five business days of the hearing. The notice of decision shall specify the acts or omissions with which the certified food handler is charged and shall specify either that the food safety certificate has been revoked or that it has been reinstated. If the food safety certificate has been reinstated, the notice of decision shall set forth any criteria which must be met to maintain the certified food handler's food safety certificate. B. Persons who have had their food safety certificate revoked may file with the department, an application for recertification as specified in Section 11.11.030 (B). (Ord. 2007-0089 § 22, 2007: Ord. 2006-0040 § 87, 2006: Ord. 97-0071 § 9 (part), 1997.) «orevious ~ next» http://search.municode.com/htmU16274/_ DATA/TITLE11IChapter_l l_l l WHOLESAL... 11/12/2010 Chapter 11.12 WHOLESALE FOOD ESTABLISHMENTS Title 11 HEALTH AND SAFETY Chap#er 11.12 WHOLESALE FOOD ESTABLISHMENTS 11.12.005 Definitions. 11.12.010 Buildings-Requirements. 11.12.015 Compliance with applicable codes. 11 12 020 Buildings--Plans and specifications for construction or modifications. 11.12.030 Water supply. 11.12.040 Walls floors and ceilings. 11.12.050 General sanitation--Vermin prevention. 11.12.060 Lighting. 11 12 070 Toilets lavatories and dressing rooms. 11.12.080 Labeling. 11.12.085 Shellstock Identification. 11.12.090 Ventilation. 11.12.100 Exhaust systems. 11 12 110 Food preparation and storage areas. 11 12 120 Animals birds and fowl. 11 12.130 Equipment--Design and installation. 11 12 140 Equipment--Standards for health and sanitation. 11 12 150 Equipment and Buildings--Plans date and specifications 11 12.160 Sink requirements. 11 12 170 Sanitization--Methods and testing. 11 12 180 Liquid waste and sewage, 11.12.190 Contamination of food contact surfaces. 11.12.200 Single-use utensils. 11 12 210 Multiple-use utensils. Page 1 of 15 httn://search.municode.com/htmU16274/ DATA/TITLEll/Chapter 11 12 WHOLESAL... 11/12/2010 Chapter 11.12 WHOLESALE FOOD ESTABLISHMENTS Page 2 of 15 11.12.220 Utensils--Bacteria count limit. 11 12 230 Foods--Sanitation requirements. 11 12 240 Foods--Storage temperatures. 11.12.250 Foods--Storage. 11.12.260 Hazardous materials. 11.12.270 Emplovee practices.. 11 12.280 Linen and clothing. 11 12.290 Sleeping accommodations prohibited. 11.12.310 Incidents that render food unwholesome: 11 12 320 Dairy employees--Health examination requirements 11 12 330 Milk and cream--Pasteurization required when. 11.12.340 Impound and quarantine. 11.12.005 Definifions. The following words and phrases shall apply to this Chapter, irrespective of their use in other Chapters of Division 1 of this Title: A. "Adulterated" means having been made impure by the addition of any poisonous or deleterious substance; or in the case of food, foodstuffs that have been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated or rendered unwholesome, diseased, or injurious to health; or when not prepared, packed, and held in accordance with the Current Good Manufacturing Practices (GNP's), 21 CFR Part 110. B. "Approved" means approved by the director based upon a determination of conformity with applicable laws, or in the absence of applicable laws, with current public health principles, practices, and generally recognized industry standards that protect the public health. C. "Approved source" means a producer, manufacturer, distributor, transporter, or food establishment that is acceptable to the enforcement agency based upon a determination of conformity with applicable laws, or in the absence of applicable laws, with current public health principles and practices; and generally recognized industry standards that protect public health. D. "Clean-In-Place (CIP)" means to clean in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning. ("CIP" does not include the cleaning of equipment such as band saws, slicers or mixers that are subjected to in-place manual cleaning without the use of CIP system.) E. "Commissary" means a wholesale food establishment in which food, containers, equipment, or supplies are stored or handled; food is prepared or prepackaged for sale; utensils are washed; liquid and solid wastes are disposed of; or potable water is obtained for use in mobile food facilities. F. "Common Area" refers to all community aspects of a food market complex, wholesale, under the control of the food market complex, wholesale owner/operator. Common areas include, but are not limited to, community toilet rooms, mop sinks, handwashing facilities, community trash receptacles and collection services, drinking fountains, loading areas, parking lots, staging facilities, and security. G. "Control Point" means any distinct procedure or step in receiving, storing, handling, preparing, displaying, transporting or dispensing food. httro://seazch.municode.com/html/16274/ DATA/TITLEII/Chapter 11_12 WHOLESAL... 11/12/2010 Chapter 11.12 WHOLESALE FOOD ESTABLISHMENTS Page 3 of 15 H. "County Health Officer" means the director of the Department of Public Health of the county of Los Angeles. I. "Critical Control Point" means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk. J. "Critical Limit" means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point in order to minimize the risk that the identified food safety hazard may occur. K. "Current Good Manufacturing Practices (GMP's)" refers to the Current Good Manufacturing Practices for Manufacturing, Packing, or Holding of Human Food described in Title 21 of the Code of Federal Regulations, Part 110. L. "Department" means the Los Angeles County Department of Public Health. M. "Director" means the director of the Los Angeles County Department of Public Health or his/her duly authorized designee. N. "Employee" means the permit holder, person in charge, person having supervisory or management duties, family member, volunteer, person performing work under contractual agreement, or other person engaged in the preparation, dispensing, handling of food or food products in a wholesale food establishment. O. "Food" means any raw or processed substance, ice, beverage (including alcoholic beverages), water or any ingredient intended for use as food, drink, confection or condiment for human or animal consumption and chewing gum. P. "Food-Contact Surface" means a surface of equipment or utensil with which food normally comes into contact; or a surface of equipment or utensil from which food may drain, drip, or splash into a food or onto a surface normally in contact with food. O. "Food Market Complex, Wholesale' means an establishment, its contents, and the contiguous land or property that rents, leases, or lends facilities within said establishment, for the purpose of conducting business as a food market, wholesale. A food market complex, wholesale, that rents, leases, or lends space to no more than two food market, wholesale, or dedicates a combined total of less than 1500 square feet for the purpose of operating as a food market, wholesale, is exempt from this defnition. R. "Food Market Complex, Wholesale Owner /Operator" refers to the legal entity, firm, partnership, joint venture, association; limited liability company, corporation, estate, trust, receiver, syndicate, city, county or other political subdivision, individually or collectively, acting as the food market complex, wholesale. S. "Food Market, Wholesale" means a food establishment in which food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination. A food market, wholesale shall not be permitted to conduct sales at the retail level nor process food. Food market, wholesale shall not include ariy food salvaging activities and shall not conduct any food processing within its facility. T. "Food Processing Establishment" means any room, building, place or portion thereof, maintained, used qr operated for the purpose of commercially packaging, making, cooking, baking, mixing, processing, bottling, canning, slaughtering, salvaging, storing or otherwise preparing or handling food including ice, for human or animal consumption, which is not. offered for retail sale or gift on the premises. U. "HACCP" means Hazard Analysis Critical Control Point. V. "HACCP Plan" means a written document that delineates the formal procedures for following the Hazard Analysis Critical Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods. W. "Hazard" means a biological, chemical, or physical property that may cause an unacceptable public health risk. X. "Multiple-Use Utensil" means any cup, plate, fork, spoon, knife, container or other instrument constructed to be used more than once in the preparation, storage, display, serving or consumption of food. Y. "Owner/Operator" refers to the legal entity, any individual, frm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, syndicate, city, county, or other political subdivision individually or collectively, acting as the wholesale food establishment. Z. Potentially hazardous food. (1) "Potentially hazardous food" means a food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting: (a) The rapid and progressive growth of infectious or.toxigenic microorganisms; (b) The growth and toxin production of Clostridium botulinum; or htm•J/~earch_municode.com/html/16274/ DATA/TITLEll/Charoter 11 12 WHOLESAL... 11/12/2010 Chapter 11.12 WHOLESALE FOOD ESTABLISHMENTS Page 4 of 15 (c) In raw shell eggs, the growth of Salmonella enteritidis. (2) "Potentially hazardous food" includes a food of animal origin that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons; and garlic-in-oil mixtures that are not acidified or otherwise modifed at a food processing plant in a way that results in mixtures that do not support growth as specified under subdivisions of this definition. (3) "Potentially hazardous food" does not include; (a) A food with a water activity level (aw) value of 0.85 or less; (b) A food with a pH level of 4.6 or below when measured at 75°F; (c) A shell egg that is not hard-boiled but has been treated to destroy all viable Salmonella; (d) A food in an unopened hermetically sealed container, that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution; and (e) A food that has been shown by appropriate microbial challenge studies approved by the enforcement agency not to support the rapid and progressive growth of infectious or toxigenic microorganisms that may cause food infections or food intoxications, or the growth and toxin production of Clostridium botulinum, such as a food that has an aw and a pH that are above-the levels specified under subdivision (8), paragraphs (a) and (b) of this definition and that may contain a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit the growth of microorganisms. (f) A food that does not support the growth of microorganisms even though the food may contain an infectious or toxigenic microorganism or chemical or physical contaminant at a level sufficient to cause illness. AA. "Premises' means the wholesale food establishment, its contents, and the contiguous land or property and its facilities and contents that are under the control of the owner /operator. BB. "Produce" refers to any raw or processed substance of plant origin intended to be used as food, drink, confection or condiment for human consumption. CC. "Remodel" means construction, building, or repair to the wholesale food establishment that requires a permit from the local building authority. Remodel also means any replacement or significant modification of an integral piece of equipment. DD. "Single-Use Utensil" means a utensil thafis manufactured and approved for use only once and that shall be discarded after use. Single-use utensils shall be made of paper, wood, plastic or other sanitary material approved by the director. EE. "Shellfish Control Authority" means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of Molluscan Shellfsh harvesters and dealers for interstate commerce. FF. "Shellstock" means raw, in-shell Molluscan Shellfish. GG. "Sanitation Standard Operating Procedures (SSOP's)" describe all procedures that a wholesale food establishment will conduct daily, before, during, and after operations, sufficient to prevent direct contamination or adulteration of food product(s). HH. "Source Records' means all records, including; but not limited to, invoice copies, shipping documents, or other materials providing verification of the source of food products received, stored, and/or prepared for sale or distribution at the wholesale food establishment. II. "Tenant Space' refers to the segregated subdivisions of the food market complex, wholesale rented or leased to individual operators, for the purpose of operating a food market, wholesale. JJ. "Wholesale Food Establishment" means an establishment where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination; and/or operated for the purpose of commercially packaging, making, cooking, baking, mixing, processing, bottling, canning, slaughtering, salvaging, storing or otherwise preparing or handling food including ice, for human or animal consumption, which is not offered for retail sale or gift on the premises; or a commissary. (Ord. 2007-0089 § 24, 2007.) 11.12.010 Buildings--Requirements. It is unlawful to operate a wholesale food establishment, unless such operation shall consist of, or be located within, one or more buildings, and all food is stored and prepared in one or more of such buildings. All such buildings shall be of sound construction and maintained so as to provide proper drainage, plumbing, lighting and ventilation, and so as to exclude dirt, dust, moisture, flies, rodents and all vermin at all times. All roams within a wholesale food establishment shall be constructed consistent with the requirements of the local building codes. (Ord. 2007-0089 § 25, http:!/search.municode.com/html/16274/ DATA/TITLEll/Chapter_ll_12 WHOLESAL... 11/12/2010 Chapter 11.12 WHOLESALE FOOD ESTABLISHMENTS Page 5 of 15 2007: Ord. 7616 § 1 (part), 1959: Ord. 7583 Part 3 Ch. 2 § 352, 1959.) 11.12.015 Compliance with applicable codes. Any construction, alteration, remodeling or operation of a wholesale food establishment shall be approved by the director and shall be in accordance with all applicable local, state, and federal statutes, regulations, and ordinances, including but not limited to, fire, building and zoning codes. (Ord. 2007-0089 § 26, 2007.) 11.12A20 Buildings--Plans and specifications for construction or modifications. A. The director shall require from the owner or operator submission of plans, specifications and such other information as may be necessary prior to the construction, or prior to making any additions or modifications of, a wholesale food establishment for which a building permit is required. B. It shall be unlawful for any person to construct or make any additions or modifications of a wholesale food establishment without first receiving approval in writing from the director. (Ord. 2007-0089 § 27, 2007: Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 2 § 382, 1959.) 11.12.030 Water supply. A. All water supplies used by wholesale food establishments shall be of adequate amount, and of a safe, sanitary quality, and from a source and distribution system approved by the county health offcer. Any potable water supply shall be protected with a backflow or back-siphonage protection device as required by applicable plumbing codes. Wholesale food establishments shall be supplied with an adequate supply of both hot (minimum of 120 degrees Fahrenheit) and cold running water under pressure, at all times. B. All plumbing shall be installed according to the California Code of Regulations, Title 24, Part 5, California Plumbing code, as it currently exists or hereafter may be amended, and shall be protected from backflow, kept clean, fully operative, and in good repair. C. Any hose used for conveying potable water shall be constructed of nontoxic materials, shall be used for no other purpose, and shall be clearly labeled as to its use. The hose shall be stored and used to be maintained free of contamination. (Ord. 2007-0089 § 28, 2007: Ord. 2006-0040 § 88, 2006: Ord. 7583 Part 3 Ch. 2 § 351, 1959.) 11.12.040 Walls, floors and ceilings. A. The walls and ceilings of all rooms where food is prepared or packed; where utensils are washed; where refuse or garbage is stored; where janitorial facilities are located; and all toilet rooms, dressing or locker rooms; and walk-in refrigeration/freezer units shall be constructed of plaster, cement, metal, wall board or other approved material. All surfaces shall be finished with tile, metal, plastic, semi-gloss paint, or other manufactured material which is smooth, easily cleanable, and impervious to moisture and grease, and capable of withstanding repeated washing. Moreover, all such walls and ceilings shall be of a light color and be approved by the director. Walls and ceilings shall be maintained-clean and in good repair. This subdivision shall not apply to areas where food is stored only in unopened bottles, cans, cartons, sacks, or other original shipping containers onto office spaces. B. The floor surfaces in all rooms in which food or beverage is stored or prepared, utensils are washed, or refuse or garbage is stared, and the floor surfaces of toilet, dressing or locker rooms, and of walk-in refrigerators, shall be of such construction and material so as to be smooth, impervious to moisture, grease, and corrosives and easily cleanable. A minimum six-inch (6") high, approved cover base, with a minimum three-eighths inch (3/8") radius, shall be provided at the juncture of the wall and floor. All floors shall be maintained smooth, in good repair, and kept clean. 1. Floor drains shall be installed in all rooms where food is prepared or packaged; where utensils are washed; where a refuse enclosure is located inside the premises; in those areas where pressure spray methods for cleaning equipment (CIP) are used; and rooms in which floors are httpa/search.municode.com/htmU16274/ DATA/TITLEil/Chapter_ll_12 WHOLESAL... 11/12/2010 Chapter 11.12 WHOLESALE FOOD ESTABLISHMENTS Page b of 15 water-flushed for cleaning. Floor surfaces in these areas shall be sloped 1/8" per foot (1:100) to the floor drains, or as approved by the director. 2. Floor sinks shall be properly plumbed and installed, with the sink top flush with the floor surface in accordance with California Code of Regulations, Title 24, Part 5, California Plumbing Code. All condensate and similar liquid waste shall be drained by means of an indirectly connected, rigid, waste line, into open floor sinks. Horizontal runs of drain lines shall be at least six inches (6") above the floor, sloped toward floor sinks at a rate of one-quarter inch (1/4") per foot, and shall terminate at least one inch (1") above the overflow rim of the floor sink. Floor sinks shall be located so that they are readily accessible for inspection, cleaning, and repairs, and not located in a walkway. Waste lines shall not cross any aisle, traffic area, or door opening. Floor sinks are not permitted inside walk-in units unless they are indirectly connected to the sewer system through a legal air gap or an approved backflow prevention device, as approved by the director. C. All plumbing, electrical, and gas lines shall be concealed within the wall, as practicable, mounted or enclosed so as to facilitate cleaning. Where it is impracticable, all runs must be at least one half inch (1/2") away from the walls or ceiling and a minimum of six inches (6") above the floor. Conduit or pipelines shall not be installed across any aisle, traffc area, or door opening. Multiple runs or clusters of conduit or pipelines shall be encased in an approved runway, or other enclosure approved by the director. (Ord. 2007-0089 § 29, 2007: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 2 § 353, 1959.) 11.12.050 General sanitation--Vermin prevention. A. Wholesale food establishments shall at all times be so constructed, equipped, maintained, and operated so as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects. B. All wholesale food establishment's interior premises, including all equipment and utensils, shall be kept clean, free from vermin, fully operative, and in good repair. Every wholesale food establishments shall be kept clean and free from litter, rubbish and garbage. All trash shall be properly confined in covered containers, and maintained free from flies, rodents, cockroaches and other vermin. All windows, doors and other openings shall be maintained in good repair at all times, and shall be provided with proper screens or other devices, maintained in good repair, and of such design and construction as will prevent the entrance of flies. The director may, for the protection of public health, regulate the size and design of fly-exclusion devices in a wholesale food processing establishment so that dust, flies and other insects will be excluded. C. The exterior premises of every wholesale food establishment including docks, storage areas, areas where vehicles are loaded and unloaded, and driveways shall be properly drained and kept clean and free of litter or debris. The accumulation of any material, which may provide breeding or harborage areas for vermin, is prohibited. No condition, which may contribute to unsanitary conditions, shall be allowed on the premises of any wholesale food establishment. (Ord. 2007- 0089 §§ 30, 31, 2007.) 11.12.060 Lighting. A. That part of any room in a wholesale food establishment, in which food or drink is prepared, or in which utensils are washed, shall have sufficient lighting to produce an intensity of not less than 215 lux {20 foot-candles) as measured thirty inches (30") above the floor. Food and utensil storage areas and toilet rooms shall be provided with at least 108 lux (ten foot candles) of light as measured thirty inches (30") above the floor B. Lighting fixtures in all areas where food is prepared, processed, stored in opened containers, or packages, or in which utensils are cleaned, shall be protected against breakage through the use of plastic shields, plastic sleeves with end caps, shatterproof bulbs, or other approved device. (Ord. 2007-0089 § 32, 2007: Ord. 7583 Part 3 Ch. 2 § 364, 1959.) 11.12.070 Toilets, lavatories and dressing rooms. A. All wholesale food establishments shall be provided with at least one toilet and one lavatory conveniently located therein or adjacent thereto. The director shall approve the location of all http://search.municode.com/htmll16274/ DATA/TITLEll/Chapter_ll_12_WHOLESAL... 1 111 2/2 0 1 0 Chapter 11.12 WHOLESALE FOOD ESTABLISHMENTS Page7of15 such toilets. Each toilet shall be located in a room other than a room in which. food is processed. Toilet facilities shall not open directly into a food processing area. As necessary, a vestibule shall be required to provide a space between a processing room and toilet room to prevent risk for contamination. B. All such toilet rooms shall be provided with self-closing doors. All employees shall have access to such toilets. Toilet rooms shall be well ventilated and plumbed. The floors, walls, ceilings, lavatories and toilet bowls shall at all times be kept free from any accumulation of dirt, filth or corrosion, and in good repair. There shall be provided a lavatory or lavatories where every employee shall be required to wash his hands immediately before starting work and after using the toilet. Each lavatory shall be supplied with hot and cold running water, hand washing cleanser in dispensing devices, and individual towels together with a receptacle for their disposal. Hot air blowers may tie substituted for individual towels in dispensers. Toilet tissue shall be provided in a permanently installed dispenser at each toilet. Toilet rooms shall not be used for the storage of food, equipment, or supplies. C. Where there are five or more employees of different genders, separate toilets and lavatories shall be provided for the persons of each gender. There shall be provided for the persons of each gender at least one toilet for each multiple of 15 persons and for the remaining fraction of said multiple. Lavatories shall be provided upon the basis of one lavatory for each two toilets. Urinals may be substituted for toilets in such number as will not exceed one-half the number of toilets otherwise required. D. Where there are flue or more employees, a separate dressing room with lockers shall be provided for each gender, where employees may change and store their outer garments. Such room shall be provided with self-closing, well fitting doors, and shall be separated from toilet rooms, food storage rooms or food preparation areas. No person shall dress or undress or store his clothing in any room other than as provided herein. Dressing rooms shall be maintained in a clean and sanitary condition. E. When the number of lavatories for any food operation is inadequate or their location is such that the use of them by employees will be inhibited, the director may order the installation of additional lavatories in such numbers, of such character and at such locations as will insure the protection of the public health. (Ord. 2007-0089 § 33, 2007: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 2 § 372, 1959.) 11.12A80 Labeling.- Food which is packaged in a wholesale food establishment shall bear a label that complies with the labeling requirements prescribed by the Federal Food, Drug and Cosmetic Act and the Sherman Food, Drug and Cosmetic Act. (Ord. 2007-0089 §§ 34, 35, 2007.) 11.12.085 Shellstock Identification. A. Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester and each dealer that depurates, ships, or reships the Shellstock. Except as specified under subdivision C, on the harvester's or dealer's tag or label, the following information shall be listed in the following order. 1. The harvester's/dealer's name and address; 2. The harvester's certification number as assigned by the Shellfish Control Authority and the original Shellstock shipper's certification number; 3. The date of harvesting; 4. The most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the Shellfsh Control authority and including the abbreviation of the name of the state or country in which the shellfish are harvested; 5. The type and quantity of Shellfsh; 6. The following statement in bold, capitalized type: "This tag is required to be attached until container is empty or retagged and thereafter kept on fle for 90 days;" and 7. The dealer's tag or label shall also indicate the original shipper's certification number including the abbreviation of the name of the state or country in which the shellfish are harvested. B. A container of Shellstock that does not bear a tag or label or that bears a tag or label that does not contain all the information as specified under subdivision (A) shall be subject to a hold order http://search.municode.com/htmU16274/ DATA/TITLEII/Chapter_ll_12 WHOLESAL... 11/12/2010 Chapter 11.12 WFIOLESALE FOOD ESTABLISHMENTS Page 8 of 15 or seizure and destruction in accordance with federal law. C. If the harvester's tag or label is designed to accommodate each dealer's identifcation, individual dealer tags or labels need not be provided. D. When received by a food facility, shellstock shall be reasonably free of mud, dead shellfsh, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells shall be discarded. (Ord. 2007-0089 § 36, 2007.) 11.12.490 Ventilation. A. Approved ventilation shall be provided throughout the wholesale food establishment, to keep all areas reasonably free from excessive heat, steam, condensation, smoke, and vapor, and to provide reasonable comfort for all employees. B. Toilet rooms, dressing, room and janitorial rooms shall be vented to the outside by means of a window that opens with a screen of not less than 16 mesh per square inch, or alight-switch activated exhaust fan. All construction and installation shall be in accordance with the applicable building and plumbing codes. (Ord. 2007-0089 §§ 37, 38, 2007.) 11.12.100 Exhaust systems. A. Adequate mechanical exhaust ventilation hoods shall be installed above all heating or cooking equipment where heat, smoke, steam, or vapor are released. Hoods shall extend at least six inches (6") horizontally beyond the equipment. The ducts shall be located in such a manner to prevent a public nuisance at the point of exhaust, and the hoods shall be constructed in such a manner as to prevent grease, moisture and other material from falling onto food preparation surfaces. All equipment, construction, and installation shall be in accordance with all applicable building and mechanical codes. Exhaust systems shall be maintained in good repair and kept clean. B. The provisions of this section shall not apply to cooking equipment when such equipment has been submitted to the director for evaluation, and it has been found that the equipment does not produce smoke, vapors, heat, or toxic gases when operated under conditions recommended by the manufacturer. (Ord. 2007-0089 § 39, 2007: Ord. 7583 Part 3 Ch. 2 § 357, 1959.) 11.12.110 Food preparation and storage areas. A. A room which is used for food preparation shall not be used for any purpose other than that connected with the preparation of food, and shall not be used to hold equipment or any article which might impair the sanitary qualities of the area. B. All wholesale food establishments shall be equipped with approved doors at all entrances into the food processing room(s), including entrances from the warehouse or storeroom. Any door to the processing room(s) shall not open directly to the outside unless otherwise approved by the director. As necessary, a vestibule shall be required to provide space between the exterior doors and processing room, to prevent the entrance of flies, rodents, and other vermin. Doors leading to the food processing room shall be maintained closed during processing or packaging of food. (Ord. 2007-0089 § 40, 2007: Ord. 7583 Part 3 Ch. 2 § 360, 1959.) - 11.12.124 Animals, birds and fowl. A. No live animal, bird, or fowl shall be kept or allowed in any wholesale food establishment where food is prepared, manufactured, kept, stared, distributed, offered for sale, or sold unless such food establishment is exclusively devoted to the slaughter and processing of such animal or fowl. B. This section shall not apply to dogs used by the blind, signal dogs, service dogs, such dogs in training under proper supervision, dogs under the control of uniformed law enforcement officers, or dogs under the control of uniformed employees of a private patrol service who are licensed pursuant to Chapter 11 (commencing with section 7580) of Division 3 of the Business and Professions Code, while acting within the course and scope of their employment as private patrolmen. t,rr„•n~Pa,-~h ,,,,,,,;~~.iP cnm/hrml/1 Fi274/ DATA/TITLEI I/Charoter 11 12 WHOLESAL... 11/12/2010 Chapter 11.12 WHOLESALE FOOD ESTABLISHMENTS Page 9 of 15 C. The dogs described in section B shall be excluded from food processing and utensil wash areas. (Ord. 2007-0089 § 41, 2007: Ord. 7583 Part 3 Ch. 2 § 355, 1959.) 11.12.130 Equipment--Design and installation. A. No processing, preparing, or storing equipment shall be installed, constructed or used unless it is of such material, design and construction, and is so installed and maintained as to facilitate the cleaning of the equipment and of all adjacent spaces. Those facilities that have developed, implemented and maintained approved Sanitation Standard Operating Procedures may be granted exemption by the director. B. Food contract surfaces shall be corrosion resistant when in contact-with food; made of nontoxic materials; and designed to withstand repeated washing. C. Equipment shall be maintained clean and in good repair. (Ord. 2007-0089 § 42, 2007: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 2 § 379, 1959.) 11.12.140 Equipment--Standards for health and sanitation. The director may adopt rules and regulations interpreting health and sanitation requirements for equipment to be installed in wholesale food establishments, and in doing so shall consider and may adopt those national standards which are certified or classified for sanitations by an American National Standards Institute accredited certification program. When the director requires that equipment comply with such specified standards, no person shall install or use newly installed equipment that does not comply with such standards, or their equivalent. In the absence of any applicable ANSI certified sanitation standard, food and utensil related equipment shall be evaluated for approval by the department. (Ord. 2007-0089 § 43, 2007: Ord. 9375 § 1 (part), 1967: Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 2 § 383, 1959.) 11.12.150 Equipment and Buildings--Plans, date and specifications A. The director shall require from the owner/operator, submission of the following data pertaining to construction or remodeling; the installation of new equipment; or when a facility has closed and remained closed for a period of ninety (90) days or more: 1. Three (3) complete sets of easily readable plans, drawn to scale showing floor plan. The plans shall indicate the location of all floor drains, floor sinks-and plumbing fixtures; lighting; equipment specifications; mechanical exhaust/ventilation plans including make-up air system; finish schedule for floors, walls, and ceilings that indicate the type of material, the surface finish, the color, and the type of coved base at the floor-wall juncture; the location of all fixed food-storage, preparation and processing equipment, furnishings and machinery. If a facility is to be a wholesale food processor; a general description of the type of food(s) and the methods of processing shall be included. Such specifications, forms, date and drawings, in triplicate, are necessary to ensure that the design, materials, method of construction and installation of equipment for food processing, preparation, storage or utensil-washing meet all applicable. sanitation standards and requirements. 2. The plans shall be approved or rejected within twenty (20) business days after receipt by the director and the applicant shall be notifed of the decision. Unless the plans are approved or rejected within 20 business days, they shall be deemed approved. A building permit for a food establishment shall not be issued until after the director has approved the plans. B. It shall be unlawful for any person to construct or make any additions or modifications or to operate any equipment in a newly constructed or reconstructed establishment until the plans and specifications have been approved in writing by the director for such installation or operation. All such equipment and its installation shall be in accordance with the approved plans and specifications unless modifcations and changes therefrom have been approved by the director, in which case the equipment and its installation shall be in accordance with such approved modifed plans and specifications. (Ord. 2007-0089 § 44, 2007: Ord. 9375 § 1 (part), 1967: Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 2 § 384, 1959.) 11.12.160 Sink requirements. httn:!/search.municode.com/html/16274/ DATA/TITLEll/Chapter_ll_12_WHOLESAL:.. 1 111 2/20 1 0 Chapter 11.12 WHOLESALE FOOD ESTABLISHMENTS Page 10 of 15 A. There shall be provided in every wholesale food establishment, where food is prepared or packaged or where utensils are used, a sink with at least three compartments with two integral metal drain boards sloped towards the sinks. The sink compartments and drainage facilities shall be large enough to accommodate the largest utensil or piece of equipment to be cleaned therein. A one-compartment or two-compartment sink that was in use on January 1, 2005, may be continued in use until replaced due to disrepair, deterioration, or both; change in food handling operation; remodeling requiring building permits; or as necessitated based on performance. B. There shall be provided in every room in which food is prepared at least one lavatory supplied with water from apre-mixing faucet that supplies warm water (100°F)-for a minimum of 10 seconds while both hands are free for washing; hand washing cleanser in dispensing devices; individual single-use towels provided in dispenser; and a receptacle for towel disposal at, or adjacent to, hand washing facilities. Hot-air blowers may be substituted for individual towels in dispensers. Additional lavatories may be required by the director to ensure hand washing facilities are readily available for employees. C. There shall be provided at least one food preparation sink, separate from any other sink, in every room in which food is prepared, for thawing frozen food under cold running water, washing or soaking food, or other processes as determined by the director. This sink shall drain by means of indirect waste pipes through an air gap into an open floor sink or other approved type of receptor that is properly connected to the drainage system. Food establishments operating prior to January 1, 2005, may continue to operate without a food preparation sink until remodeling occurs, requiring building permits, change in the food handling operation, or as necessitated based on performance. D. There shall be provided in every wholesale food establishment where food is prepared, packaged, or stored, a room, area, or cabinet for the storage of cleaning equipment and supplies. Such room, area, or cabinet shall be separated from any food preparation, packaging, or utensil washing or storage area and at least one of the following is to be used exclusively for general cleaning purposes and for the disposal of mop bucket wastes and other liquid wastes: 1. Aone-compartment, nonporous janitorial sink. 2. A slab, basin, or floor constructed of concrete or equivalent material, curbed and sloped to a drain. Such facilities shall be connected to approved sewerage and provided with hot and cold running water through a mixing valve and protected with a backflow protection device. (Ord. 2007-0089 §§ 45, 46, 2007.) 11.12.170 Sanitization--Methods and testing. A. All wholesale food establishments in which food is prepared or in which multi-use utensils are used shall provide manual or mechanical methods to effectively clean and sanitize utensils. B. Manual or mechanical sanitization shall be accomplished in the final sanitizing rinse by one of the following methods: 1. Hot water manual operations by immersion for at least 30 seconds where the water temperature is maintained at 171 °F or above. 2. Hot water mechanical operations by being cycled through equipment that is used in accordance with the manufacturer's use and achieving a utensil surface temperature of 160°F as measured by an irreversible registering temperature indicator; 3. Chemical, manual, or mechanical, by immersion, manual swabbing, brushing, or pressure spraying methods, using one of the following solutions: (a) Contact with a solution of 100 ppm available chlorine solution for at least 30 ser_.onds. (b) Contact with a solution of 25 ppm available iodine for at least one minute. (c) Contact with a solution of 200 ppm quaternary ammonium for at least one minute. (d) Contact with any chemical sanitizer that meets the requirement of all applicable federal laws and regulations when used in accordance with the manufacturer's suggested directions for use as specified on the product label. 4. Other methods as approved by the director. C. Testing equipment and materials shall be provided by the wholesale food establishment to adequately measure the applicable sanitization method. (Ord. 2007-0089 §§ 47, 48, 2007.) 11.12.180 Liquid waste and sewage. http://search.municode.com/htmU16274/ DATA/TITLEII/Chapter_ll_12 WHOLESAL... 11/12/2010 Chapter 11.12 WHOLESALE FOOD ESTABLISHMENTS Page 11 of 15 A. Sewage shall be disposed into an approved sewerage system. Wastewater disposal shall comply with National Pollutant Discharge Elimination System (NPDES) and local wastewater treatment district standards. B. No drain from any refrigerator, freezer or icebox used for the storage, preparation or display of food shall be connected directly to any sewer. C. All icemakers shall be located within the food establishment. Condensate and ice melt shall be drained to an approved floor sink by means of an indirect connection. (Ord. 2007-0089 §§ 49, 50, 2007.) 11.12.190 Contamination of food contact surfaces. A. No person shall sit upon, lie upon, or do any other act which will contaminate, or in the ordinary course of events will be likely to contaminate, any surface or piece of equipment which is used in the storage, processing or preparation of food in any wholesale food establishment. B. All utensils and equipment, including food contact surfaces shall be cleaned and sanitized as frequently as necessary to protect against contamination of food and prevent the breeding and harborage of vermin. Those facilities that have developed, implemented, and maintained approved Sanitation Standard Operating Procedures may be granted exception by the director. C. CIP equipment shall meet the characteristics of a food contact surface and shall be designed and constructed so that cleaning and sanitizing solutions circulate throughout a fixed system and contact all interior food contact surfaces. The system is to be self-draining or capable of being completely drained of cleaning and sanitizing solutions. CIP equipment that is not designed to be disassembled for cleaning shall be designed with inspection access points to ensure that all interior food contact surfaces throughout the fixed system are being effectively cleaned. D. Adequate and suitable space shall be provided for the storage of cleaned utensils and equipment in a clean and dry location where they are not exposed to splash, dust, or other contaminations, at least 6" above the floor. E. Cans, jars, barrels, drums, other containers, lids, and covers shall be clean when used to package food products. (Ord. 2007-0089 § 51, 2007: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 2 § 359, 1959.) 11.12.200 Single-use utensils. Single-use utensils shall be obtained only in sanitary containers or approved sanitary dispensers, stored in a clean, dry place until used, handled in a sanitary manner, and used once only. After being used only once, such utensils shall be discarded in such a manner as to prevent the attraction of flies, roaches, rodents, and other vermin, and to prevent a public nuisance. (Ord. 2007-0089 §§ 52, 53, 2007.) 11.12.210 Multiple-use utensils. Multiple-use utensils shall be made of non-toxic, non-corrosive materials; shall be constructed, installed and maintained to be easily cleanable; and shall be kept clean and in good repair. Any containers designed for use a single time shall not be considered amulti-use utensil and shall not be refilled with food that is to be or may be used for human or animal consumption. (Ord. 2007- 0089 §§ 54, 55, 2007.) 11.12.220 Utensils--Bacteria count limit. An operator shall not possess, in a wholesale food establishment, any glass, cup, dish, piece of silverware or any other utensils intended for, and ready for use in, serving food and drink, upon which the bacterial count, as taken in a manner approved by the director, exceeds 100 organisms per surface of the utensil examined. (Ord. 2007-0089 § 56, 2007: Ord. 7583 Part 3 Ch. 2 § 367, 1959.) 11.12.230 Foods--Sanitation requirements. httn://search.municode.com/htmU16274/ DATA/TITLEll/Chapter 11 12 WHOLESAL... 11/12/2010 Chapter 11.12 WHOLESALE FOOD ESTABLISHMENTS Page 12 of 15 A. It is unlawful to transport, store, display, dispense, prepare, offer for sale or gift, or handle in any way, food or drink intended for human or animal consumption, unless-such food or drink is pure, free from contamination, adulteration and spoilage. Food shall have been obtained from approved sources; shall be inspected upon delivery; and shall otherwise be fit for human or animal consumption. All food shall be kept in such manner as to be protected from exposure to dust, droplet contamination, overhead leakage and condensation, flies and other insects, rodents and vermin, and any other deleterious or unhealthful substance or condition. B. Every storage room or other place used for storing food or food ingredients shall be equipped with platforms, racks or shelves at least 6 inches above the floor surface, unless such food is enclosed in waterproof, rodent proof containers to facilitate the flushing of floors and walls, with water or other cleaning method. C. All open bulk food shall be stared in approved containers (certified or classified for sanitation by an American National Standards Institute accredited certification program) with tight fitting lids, labeled to indicate contents. D. When ice is used in contact with food, it shall be made from water that is safe and of adequate sanitary quality and shall be used only if it has been manufactured in accordance with 21 Code of Federal Regulation 110, Current Good Manufacturing Practices, as it currently exists or hereafter may be amended. (Ord. 2007-0089 § 57, 2007: Ord. 2006-0040 § 89, 2006: Ord. 92-0078 § 5, 1992; Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 2 § 374, 1959.) 11.12.240 Foods--Storage temperatures. A. All potentially hazardous foods shall be kept at 45°F or lower, or 135°F or higher, at all times whether such food is being transported, stored, displayed, or offered for sale or gift. An accurate easily readable metal probe thermometer suitable for measuring the temperature of food shall be readily available on the premises. B. Every refrigerator used for the storage of potentially hazardous food shall be provided with a thermometer accurate to plus or minus 2°F and shall be located to indicate the air temperature in the warmest part of the unit and shall be affixed to be readily visible. C. Potentially hazardous food that has been heated or foods that have been made potentially hazardous by preparation shall be rapidly cooled to 45°F or below, in a manner approved by the county health officer, if not held at or above 135°F. D. Potentially hazardous foods that have been removed from approved holding for processing shall be involved in diligent preparation and returhed to approved holding temperatures within two hours following completion of said task. E. Frozen potentially hazardous food shall only be thawed using one of the following methods: (1) Under refrigeration that maintains the food temperature at 45°F or below; or (2) Completely submerged under potable running water for a period not to exceed two (2) hours: (a) At a water temperature of 70°F or below; and, (b) With sufficient water velocity to agitate and flush off loose particles into the sink drain; or (3) In a microwave oven if immediately followed by preparation; or (4) As part of a cooking process. F. Frozen food that has been thawed shall be cooked or otherwise processed before it may be refrozen. G. Potentially hazardous food may be held at temperatures other than those specified in this. section when the facility operates according to an approved HACCP plan adopted pursuant to section 11.12.005. (Ord. 2007-0089 §§ 58, 59, 2007: Ord. 94-0052 § 17, 1994: Ord. 7583 Part 3 Ch. 2 § 375, 1959.) 11.12.250 Foods--Storage. A. Adequate and suitable space shall be provided for the storage of food. B. Except far large or bulky containers, all food shall be stored at least 6 inches above the floor surface or under conditions that are approved by the director. Containers may be stored on dollies, racks, or pallets not meeting the height requirement, if the dollies, racks or pallets are easily moveable. Pallet jacks, fork lifts or similar equipment must be available on site for this purpose. C. All cartons, boxes, or other materials used in the packaging of any food shall be protected at all times from dirt, vermin, and other forms of contamination or adulteration. http://search.municode.com/html/16274/ DATA/TITLEll/Chapter_ll_12 WHOLESAL... 11/12/2010 Chapter 11.12 WHOLESALE FOOD ESTABLISHMENTS Page 13 of 15 D. A space of adequate width shall~be provided between food storage racks, shelves, and pallets, and the walls or equipment, to permit employees to perform their duties, maintain cleanliness, and for inspecting on a regular basis for vermin or evidence of vermin. (Ord. 2007-0089 §§ 60, 61, 2007.) 11.12.260 Hazardous materials. Cleaning compounds, sanitizing agents, pesticides, or other hazardous materials shall be identified, held, used, and stored in a manner that protects against the contamination of food, food contact surfaces, or food packaging materials. (Ord. 2007-0089 §§ 62, 63, 2007.) 11.12.270 Employee practices. A. No employee shall commit any act, which may result in contamination or adulteration of any food, food contact surface, food packing material, utensil, or equipment. B. Any employee who by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesions, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which there is a reasonable possibility of food, food contact surfaces, or food packaging materials becoming contaminated, shall be restricted from working with exposed food, clean utensils, linens, and unwrapped single-use articles; and may be excluded from any operations which may be expected to result in such contamination until the condition is corrected. Employees shall be instructed to report such health conditions to oavner/operator. C. All employees shall wash hands thoroughly at an approved hand washing facility before starting work, after each absence from the workstation, before donning gloves for working with food and. at any other time when the hands may have become oiled or contaminated. Signs directing the employees to wash their hands shall be posted in each toilet room and in all other areas where employees wash their hands. D. All employees, while engaged in the preparation of food or the washing of utensils, shall wear clean, washable outer garments; shall keep their hands and fingernails clean; shall wear hairnets, caps or other suitable coverings to confine all hair; shall not engage in or permit the use of tobacco in any form; shall not permit the discharge of any substance from the mouth, nose or other part of the body; and shall not eat food, chew gum or drink beverages in areas where food is prepared, processed, packed, stored or where equipment or utensils are washed or stored. Hair-brushing or combing shall not be permitted in any wholesale food establishment except in a toilet room or dressing room, separate from any room in which food is prepared or in which utensils are washed. E. Gloves shall be worn when contacting food and food surfaces if the employee has any cuts, sores, rashes, artificial nails, nail polish, rings, uncleanable orthopedic support devices, or fingernails that are not clean, neatly trimmed, and smooth. All employees shall maintain gloves, if they are used in food handling, in an intact, clean and sanitary condition. The gloves shall be of an impermeable material, used for a single food handling operation only, and not reused. A clean pair of gloves shall be used at the start of work, when. resuming work after an absence from the workstation, and at any other time when the gloves may have become soiled or contaminated. F. In all areas where food is prepared, processed, or packaged, all employees shall remove all unsecured jewelry and other objects that might fall into food, equipment, or containers, and remove hand jewelry that cannot be adequately sanitized during periods in which food is manipulated by hand. If such hand jewelry cannot be removed, it may be covered by material which can be maintained in an intact, clean, and sanitary condition and which effectively protects against the contamination by these objects of the food, food contact surfaces, or food packaging materials. G. All employees shall store clothing or other personal belongings, including medicines, cosmetics, drugs, and toilet articles, in areas other than where food is exposed or where equipment or other utensils are washed. (Ord. 2007-0089 §§ 64, 65, 2007.) 11.12.280 Linen and clothing. A. Adequate and suitable space shall be provided for the storage of clean linens, including http://search.municode.com/htmU16274/_DATA/TITLEll/Chapter_ll_12 WHOLESAL... 11/12/2010 Chapter 11.12 WHOLESALE FOOD ESTABLISHMENTS Page 14 of 15 apparel, towels, and wiping cloths. B. Soiled linens, coats and aprons shall be kept in cleanable, labeled containers provided for the purpose, and shall not be reused until they have been laundered or cleaned. No linen that has been used for any other purpose since laundering shall be used for wiping utensils, counters or equipment, or for contact therewith. C. Wiping cloths used to wipe equipment and other surfaces that may directly or indirectly contact food shall be used only once until laundered, or if held in a sanitizing solution of concentration as stated in Section 11.12.170 when not wiping, may be used repeatedly. Whenever a sanitizing solution becomes turbid or heavily permeated with food particles and juices, or no longer meets a concentration as stated in Section 11.12.170, it shall be replaced. (Ord. 2007-0089 §§ 66, 67, 2007.) 11.12.290 Sleeping accommodations prohibited. No sleeping accommodations shall be maintained or kept in any room where food is prepared, processed, stored, distributed, or sold. (Ord. 2007-0089 §§ 68, 69, 2007.) 11.12.310 Incidents that render food unwholesome. A. The operator of every wholesale food establishment after the occurrence of an incident which creates a hazard to the safety, sanitation or wholesomeness of any food or drink, shall notify the director forthwith. This section applies to any food or drink that is intended for consumption by any human or animal B. The wholesale food establishment operator shall provide the following information to the director upon request to assist in tracing the source of pathogens and in preventing the spread of foodborne illness: an a-mail address or facsimile number, emergency phone number and hours of operation. C. The wholesale food establishment operator shall provide the following information to the director upon request to assist in the recall or trace-back of foods found to be hazardous or unwholesome for human or animal consumption: Source of all product ingredients; complete distribution list including name, address and contact information; and product identification information (e.g. batch #, lot #, product coding,-etc.): (Ord. 2007-0089 §§ 71, 72, 2007.) 11.12.320 Dairy employees--Health examination requirements. A. It shall be the duty of each dairyman or manager of any place where milk is prepared, bottled or pasteurized, whenever a system of medical examination of all employees has been established under state or local laws, to maintain a registry of the results of all such examinations. Such registry shall show the name, age and sex of each person, the date of the last examination and the. result thereof, together with such other data as the county health officer - _ - may require in the enforcement of this Divisidri 1. B. It shall be the duty of the owner of such dairy or other similar institution to keep such registry, at all times up-to-date and open to inspection by the director. (Ord. 2007-0089 § 78, 2007.) 11.12.330 Milk and cream--Pasteurization required when. A. No market milk and no market cream may be sold, served, offered or exposed for sale, or delivered for human consumption, unless it is pasteurized. B. Exemptions. The provisions of this section shall not apply to: 1. Certified milk or cream; 2. Guaranteed raw milk; 3. Grade A raw milk; 4. The delivery or sale of milk to wholesalers or to pasteurization plants for the purpose of being pasteurized. C. Definitions. The meanings of the terms, "market milk," "market cream," "pasteurized," "pasteurization," "certified milk," "certified cream," "guaranteed raw milk," and "Grade A raw milk" as used in this section, shall be as defined in the Food and Agricultural Code of California. (Ord. httn://search.municode.com/htmU16274/ DATA/TITLEll/Chapter 11 12 WHOLESAL... 11/12/2010 Chapter 11.12 WHOLESALE FOOD ESTABLISHMENTS Page 15 of 15 zoo?-ooas § 79, zoo7.) 11.12.340 Impound and quarantine. A. The director, based upon inspection findings or other evidence and for the protection of the public health, may do any of the following: 1). Impound and, if deemed necessary, destroy any food that is found to be, or is suspected of being, contaminated or adulterated. 2). Impound equipment or utensils that are found to be unsanitary or in such disrepair that food, equipment or utensils may become contaminated or adulterated. The director may attach a tag to such food, equipment or utensils that shall be removed only by the director following verification that the condition has been corrected. B. No food, equipment, or utensil impounded shall be used unless the impoundment has been released. C. Food which is contaminated, unfit for human or animal consumption or found to be dangerous to public health, shall be ordered quarantined or destroyed by the director. If quarantined, instructions shall be given to the person who controls such food as to the condition of the quarantine. It is unlawful for such person to make any disposition of such food other than that ordered by the director. D. The provisions of Section 2080.6 of the Civil Code, regarding unclaimed property, shall apply whenever the director impounds any unsanitary food equipment or equipment that is in such disrepair that food, equipment, or utensils may become contaminated or adulterated. If any impounded equipment remains unclaimed for a period in excess of 30 days, the equipment shall be held no less than three months from date of impoundment, and thereafter may be sold by the purchasing agent or retained for a public use. If the equipment is claimed by its owner, the owner shall pay a reasonable charge as set forth in the Los Angeles County Code, Title 8, to defray costs of storage of the equipment. (Ord. 2007-0089 § 81, 2007.) «previous ~ next» htm•//search municode.com/htmUi6274/ DATA/TITLEII/Chapter 11 12 WHOLESAL... 11/12/2010 Chapter 11.13 INDEPENDENT WHOLESALE VEHICLES Title 11 HEALTH AND SAFETY Chapter 11.13 INDEPENDENT WHOLESALE VEHICLES 11.13.010 Defnitions. 11 13 020 Requirements for independent wholesale food vehicle storage facilities 11.1.3 030 Requirements for wholesale food vehicles. 11 13 040 Requirements for food vehicle identification. 11 13.050 Food vehicle temperature requirements. 11.13.060 Food protection. 11.13.070 Exemptions. 11 13 080 Certification decal for approved vehicles. 11..13.010 Definitions. Page 1 of 3 The following words and phrases shall apply to this chapter irrespective of their use in other Chapters of Part 1 of this Title: A. "Independent Wholesale Food Vehicle" means any vehicle, not owned by the shipper or receiver, that is used to transport food from a warehouse, manufacturer, distributor, or other wholesale provider for delivery to a retailer, warehouse, distributor, or other destination. An independent wholesale food vehicle shall not be permitted to conduct sales at the retail level. An independent wholesale food vehicle originating outside of the jurisdiction of the director, which has been inspected by the health officer at the jurisdiction of origin and which bears an identification that the jurisdiction of origin has issued a public health permit, shall not be required to obtain a public health license from Los Angeles county under this chapter. B. "Approved" means approved by the director based upon a determination of conformity with applicable laws, current public health principles; practices, and generally recognized industry standards that protect the public health subject to annual certification. (Ord. 2007-0089 § 84, 2007.) 11.13.020 Requirements for independent wholesale food vehicle storage facilities. A. Adequate facilities shall be provided for the sanitary disposal of liquid waste from the wholesale food vehicle. B. Adequate facilities shall be provided for the sanitary disposal of garbage and rubbish originating from the wholesale food vehicle. C. Hot and cold water, under pressure, shall be available for cleaning the wholesale food vehicle. (Ord. 2007-0089 § 85, 2007.) 11.13.030 Requirements for wholesale food vehicles. A. The compartments in which food is carried on wholesale food vehicles shall be enclosed and the exterior doors and windows shall be tightly fitted to prevent the entrarice of dust, dirt, moisture, or vermin. B. The floor shall be of non-corrosive, nontoxic metal, or other approved material, extending at http://search.municode.com/html/16274/ DATA/TITLEII/Chapter_ll_13_INDEPEND... 11/12/2010 Chapter 1113 NDEPENDENT WHOLESALE VEHICLES Page 2 of 3 least 4 inches (4") up the side of the compartment. Tight-fitting, nonabsorbent hardwood flooring may be used when only dry food products are transported. The interior floor, sides, and top of the food compartment shall be free from cracks, seams, or linings where vermin may harbor, and shall be constructed of a smooth, washable, impervious material capable of withstanding frequent cleaning with acceptable sanitizing agents, including steam. Slide rails, hooks, shelves, racks, and similar equipment shall be constructed of a nontoxic, non-corrosive, easily cleanable material, and shall be so installed as to be readily accessible or easily removable for cleaning. Vehicles shall be so constructed that no liquid wastes from the food compartment can drain onto any street, sidewalk, or premises. C. All food compartments used to hold potentially hazardous foods shall be provided with an approved mechanism capable of maintaining potentially hazardous foods at or below 45°F or at or above 135°F during transportation. (Ord. 2007-0089 § 86, 2007.) 11.13.040 Requirements far food vehicle identification. The name, address, and telephone number of the owner/operator, permittee, or business name shall be legible, clearly visible, and permanently indicated on at least two sides of the exterior of the vehicle. The name shall be at least three inches (3")high and shall have strokes at least three-eighths inch (3/8") wide, and shall be of a color contrasting with the vehicle exterior. Letters and numbers for the address and telephone number shall not be less than one inch high. (Ord. 2007-0089 § 87, 2007.) 11.13.050 Food vehicle temperature requirements. All potentially hazardous foods being transported in food compartments shall be held at a temperature at or below 45°F or at or above 135°F. If frozen foods are carried, the food temperature shall be maintained at 5°F or below. An accurate device for measuring temperature shall be maintained inside the food compartments where potentially hazardous foods are held. (Ord. 2007-0089 § 88, 2007.) -- - 11.13.Ofi0 Food protectian. A. No person shall carry, transport, or convey any food for commercial purposes unless such food is protected from all contamination. No food shall be carried in the driver's or passenger's compartment of any wholesale food vehicle. B. All unpackaged food shall be contained, suspended, or handled so that it does not come into actual contact with the floor, walls, pr ceiling of the vehicle or with the clothing of persons who load or unload food product. All unpackaged food shall be loaded and unloaded using a manner that protects the food. C. All unpackaged food shall be contained, suspended, or handled so that it does not come into actual contact with the floor, walls, or ceiling of the vehicle or with the clothing of persons who load or unload food product. All unpackaged food shall be loaded and unloaded in a manner that protects the fodd at all times. D. All vehicle food compartments shall be maintained clean, sanitary, and in good repair. E. The doors to the food compartment shall be kept tightly closed at all times, except when loading or unloading food. F. No person shall carry, transport, or convey pesticides, poisons, or other chemicals in the same compartment of a vehicle with food products, feed, or other material intended for consumption by humans or animals. (Ord. 2007-0089 § 89, 2007.) 11.13:070 Exemptions. Private individuals transporting food for personal use are exempted from the provisions of this chapter. (Ord. 2007-0089 § 90, 2007.) 11.13A80 Certification decal for approved vehicles. http://search.mumcode. comlhtml/ 16274/_DATA/TITLE ll /Chapter_l l _ 13 INDEPEND... 11 / 12/2010 Chapter 11.13 INDEPENDENT WHOLESALE VEHICLES Independent wholesale food vehicles that conform to the requirements of this article, that have been inspected and approved by the director, and for which the required health permit fee has been paid, shall be provided with a certification decal which shall be affixed to a clearly visible area on the left side of the rear portion of the vehicle. It shall be unlawful to operate an independent wholesale food vehicle without a certification decal. It shall be unlawful to deface, modify, duplicate, camouflage, or falsity this decal. (Ord. 2007-0089 § 91, 2007.) « previous ~ next » Page 3 of 3 http://search.municode.corn/htmU16274/ DATA/TITLElllChapter_ll_13 NDEPEND... 11/12/2010 Chapter 11.14 FOOD VENDING MACHINES[1l] Title 11 HEALTH AND SAFETY Chapter 11.14 FOOD VENDING MACHINES[11] 11.14.010 Definitions. 11 14 020 Agplicability of chapter provisions. 11 14 030 Inspection--Representative to accompany director when 11.14.010 Definitions. Page 1 of 1 A. "Machine location" means the room, enclosure, space or area where one or more vending machines are installed or operated. B. "Vending machine' means any self-service device offered far public use which, upon the insertion of coins or tokens, or by other means, dispenses unit servings of food, either in bulk or in packages, without the necessity of replenishing the device between each vending operation. (Ord. 7583 Part 3 Ch. 3 §§ 401 and 402, 1959.) 11.14.020 Applicability ofi chap#er provisions. Except as may be provided. in subsequent sections, the provisions of this chapter shall apply to vending machines that dispense readily perishable food, and to vending machines that mix or compound bulk food ingredients into unit servings and dispense such unit servings into single- service utensils. The provisions of this chapter shall not apply to vending machines that dispense, exclusively, bottled drinks, gum, candy or other not-readily-perishable food, when it is determined by the director that such vending machines do not require routine inspection for the protection of the public health. (Ord. 7583 Part 3 Ch. 3 § 400, 1959.) 11.14.030 Inspection--Representative to accompany director when. Every person operating a vending machine shall, upon request from the director, provide a representative who shall accompany the director on inspection of such machine. (Ord. 8614 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 3 § 404, 1959.) « previous ~ next» http://search.municode.com/htmU16274/_DATA/'TITLEll/Chapter 11_14 FOOD VEN... 11/12/2010 Chapter 11.15 NONSMOKING AREAS IN EATING ESTABLISHMENTS Page 1 of 2 Title 11 HEALTH AND SAFETY Chapter 11.15 NONSMOKING AREAS IN EATING ESTABLISHMENTS 11 15 010 Purpose of provisions. 11.15.020 Definitions. 11 15 030 Nonsmoking areas required in eating establishments. 11 15 040 Dutv to post sign. 11 15 050 Structural modifications not required. 11.15.010 Purpose of provisions. The board of supervisors finds and declares that inhaling smoke generated by smokers may be hazardous to the health and represents an annoyance which should be regulated and limited in eating establishments offering food for sale to the public, to the ends that air quality be improved in all such facilities for the preservation and improvement of health, and that customers may request to be seated in nonsmoking areas of such facilities. (Ord. 87-0124 § 1 (part), 1987.) 11.15.020 Definitions. As used in this chapter: A. "Smoking" means smoke of a pipe, cigar, cigarette or any other like substances, lighting such a substance, and/or carrying a burning pipe, cigar, cigarette or any other like substance. B. "Eating establishment" means any cafeteria, coffee shop, luncheonette, restaurant, sandwich shop, short order cafe, soda fountain, or other eating establishment which offers food for sale to the public and in which such food is primarily prdvided for consumption on the premises. C. "Bar" means any area of an eating establishment which is devoted to offering alcoholic beverages for sale to the public and in which the consumption of food is only incidental to the consumption of such beverages. (Ord. 87-0124 § 1 (part), 1987.) 11.15.030 Nonsmoking areas required in eating establishments. A. Any person who owns, operates, manages, leases, or rents an eating establishment shall cause to be maintained in such facility a nonsmoking area consisting of a portion of both the seating capacity and floor space in which such customers are served, excluding any portion of such facility which is located outdoors and any portion of such facility which is utilized for bar purposes. At the request of any customer, the customer shall be seated in the nonsmoking area of the eating establishment if space is available. B. Nothing in this section shall apply to any room of an eating establishment which is used for serving food for a private function, but only while such room is used for such private function. (Ord. 87-0124 § 1 (part}, 1987.) 11.15.040 Duty to post sign. Any person who owns, operates, manages, leases, or rents an eating establishment shall cause at least one sign to be posted or displayed on the premises, as provided in this section. The sign shall read substantially as follows: NON-SMOKING AREA AVAILABLE. The sign shall not be smaller than 10 inches wide by 10 inches long, nor shall any lettering thereon be less than one http;//search.municode.com/html/16274/ DATAlTITLEll/Chapter_ll_15 NONSMOKL.. 11/12/2010 Chapter 11.15 NONSMOKING AREAS IN EATING ESTABLISHMENTS Page 2 of 2 inch in height. The sign shall be placed to assure that it is readable by the public entering the premises. (Ord. 87-0124 § 1 (part), 1987.) 11.15.050 Structural moth#ications not required. Nothing in this chapter shall be construed to require an eating establishment to make any structural changes or other physical modifications to existing facilities. (Ord. 87-0124 § 1 (part), 1987. ) « previous ~ next » http://search.municode.com/htmU16274/ DATA/TITLEi l/Chapter_i 1_15 NONSMOKL.. 11/12/2010 Chapter 11.16 GARBAGE AND OTHER WASTE MATERIAL[13] Page 1 of 3 Title 11 HEALTH AND SAFETY Chapter 11.16 GARBAGE AND OTHER WASTE MATERlAL[13] 11 16 010 Collection and disposal regulations--Enforcement authority 11 16 020 Sanitation of premises--Responsibility of owner or agent 11 16 030 Garbage--Storage restrictions. 11 16 040 Feeding garbage and market refuse to animals--Restrictions 11 16 050 Deposit of offensive substances prohibited--Exceptions 11 16 060 Rubbish--Storage restrictions. 11 16 070 Hazardous or radioactive materials--Disposal restrictions. 11 16 090 Keegina animals and birds--Location restrictions and sanitation requirements. 11 16 100 Hop fertilizer--Use restrictions: 11.16.110 Burial of dead animals or offensive material. 11 16 120 Edible crops--Irrigation with contaminated water prohibited--Test standards 11.16A10 Collection and disposal regulations--Enforcement authority. The director of public health shall enforce all laws, ordinances and regulations pertaining to the collection and disposal of garbage, and combustible and noncombustible rubbish, within garbage disposal districts. (Ord. 2006-0040 § 92, 2006: Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 7 § 611, 1959.) 11.16.020 Sanitation of premises--Responsibility of owner or agent. The owner, agent or manager of any premises shall maintain such premises in a clean,. sanitary condition, free from accumulations of garbage, rubbish, refuse and other wastes at all times, except as provided by the provisions of this Division 1 or other applicable laws. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 7 § 605, 1959.) 11.16.030 Garbage--Storage restrictions. Garbage and putrescible matter, whether mixed with rubbish or other matter or not, shall be kept in watertight receptacles with close-fitting lids and with handles or bails. Such receptacles shall be thoroughly cleaned each time their contents are~emoved. Such garbage or putrescible material, whether mixed with rubbish or other material or not, shall not be kept for more than seven days. (Ord. 7583 Part 3 Ch. 7 § 601, 1959.) 11.16.040 Feeding garbage and market refuse to animals--Restrictions. http://search.municode.com/html/16274/ DATA/TITLEll/Chapter_li_16_GARBAGE_... 11/12!2010 Chapter 11.16 GARBAGE AND OTHER WASTE MATERIAL[13] Page 2 of 3 A person may feed garbage and market refuse to fowls or animals when such feeding does not constitute a nuisance or a menace to public health, and when such feeding is in compliance with such conditions as may be imposed by the director of public health. (Ord. 2006-0040 § 93, 2006: Ord. 7583 Part 3 Ch. 7 § 602, 1959.) 11.16.050 Deposit of offensive substances prohibited--Exceptions. Except as otherwise provided in this Division 1, no person shall permit the contents of any cesspool, septic tank, water closet or sewer, or any sewage effluent, excrement, urine, slop water, butcher offal, market refuse, garbage, rubbish, cans, dead animals, dead fowl, or any other putrid or offensive animal or vegetable matter, to remain or to be deposited or discharged upon the surface of the ground on any premises, lot, or in any building, basement, or in any public street, or into, or in a manner that might contaminate, any standing water, stream, hole, excavation or public place. This section does not prohibit: A. The placing of cans or rubbish in any lawfully existing dump orwaste-disposal facility;. B. The placing of garbage or market refuse, or both, in any lawfully existing dump or waste- disposal facility in compliance with the conditions imposed, if any, in the license granted for the operation thereof, pursuant to pertinent county ordinances, if, and only if, such license, in express terms, permits garbage or market refuse, or both, to be placed in such dump or waste-disposal facility. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 7 § 600, 1959.) 91.16.060 Rubbish--Storage restrictions.. A person may deposit and keep, for not more than 15 days, in a substantial and adequate container, combustible and noncombustible rubbish other than garbage and putrescible matter. (Ord. 7583 Part 3 Ch. 7 § 603, 1959.) 11.16.070 Hazardous or radioactive materials--Disposal restrictions. Materials which are infected or contaminated, chemically hazardous, or radioactive shall be disposed of in a manher approved by the director. (Ord. 7583 Part 3 Ch. 7 § 610, 1959.) 11.16.090 dCeeping animals and birds--Location restrictions and sanitation requirements. A person shall not keep any animal, fowl or bird, wild or domestic, other than cats, dogs, canaries or birds of the psittacine family, within 35 feet of any restaurant, food establishment, residence, or dwelling, or other building used for the habitation of human beings, or within 100 feet of any school building, hospital building or similar institution building. It is unlawful to keep or maintain a premises, yard, coop or building in which fowl or animals are maintained in a foul or insanitary condition. The provisions of this section regarding distances shall not apply to accredited laboratories regulated by the California Department of Health Services. (Ord. 2006-0040 § 94, 2006: Ord. 7583 Part 3 Ch. 7 § 608, 1959.) 11.16.100 Hog fertilizer--Use restrictions. A person shall not use any hog manure or hog-ranch wastes in the raw state within one-half mile of any building or part thereof used for a residence, except a building exclusively occupied by such person and his family. (Ord. 7583 Part 3 Ch. 7 § 606, 1959.) 19.16.110 Burial of dead animals or offensive material. It is unlawful for any person to bury the carcass of any dead animal or any other putrid or offensive material unless such carcass or material is placed three feet below the surface level of the ground and immediately covered with at least three feet of soil; provided, however, that such http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_16_GARBAGE_... 11/12!2010 Chapter 11.16 GARBAGE AND OTHER WASTE MATERIAL[13] Page 3 of 3 carcass or material shall be buried in such a manner or location that it does not constitute a menace to public health or a nuisance. (Ord. 7583 Part 3 Ch. 7 § 604, 1959.) 11.15.120 Edible crops--Irrigation with contaminated water prohibited--Test standards. No person shall irrigate any strawberries, celery, potatoes, lettuce, radishes; tomatoes, onions, or any vegetable or berries eaten raw, in any manner. with sewage, sewage effluents or water from any stream into which sewage has been discharged, any of which does not meet the following standards: In any 20 consecutive samples, from which five 10-c.c. portions each are examined, not over 10 portions shall be positive for members of the coli-Aerogenes group, and in no single sample shall over half the 0.1 c.c. portions of the sample be positive for such organisms. Samples shall be analyzed in accordance with the latest Standard Methods of Examination of Water and Sewage of the American Public Health Association. (Ord. 7583 Part 3 Ch. 7 § 607, 1959. ) « previous ~ next» http://search.municode.com/htmU16274'/ DATAITITLElI/Chapter_ll_16_GARBAGE_... 11/12/2010 Chapter 11.19 ALCOHOLIC BEVERAGE WARNING SIGNS Page 1 of 2 Title 11 HEALTH AND SAFETY Chapter 11.19 ALCOHOLIC BEVERAGE NIARNING SIGNS 11.19.010 Alcoholic beverage warning signs--Purpose of provisions. 11.19.020 Dutv to post. 11.19.030 Placement. 11.19.040 Language. 11.19.010 Alcoholic beverage warning signs--Purpose of provisions. The Surgeon General of the United States has recommended that women who are pregnant, or considering pregnancy, be advised not to drink alcoholic beverages and to be aware of the alcohol content in anything they eat because alcohol consumption during pregnancy, especially in the early months, can harm the fetus. In order. to serve the public health, safety and welfare, the purpose of the ordinance codified in this chapter is to educate the public by requiring that warning signs be placed at all locations where alcoholic beverages are sold to the public. (Ord. 86-0169 § 1 (part), 1986.) 11.19.020 Dutyto post. Any person or entity who owns, operates, manages, leases or rents a premises offering wine,. beer or other alcoholic beverages for sale, or dispensing far consideration to the public, shall cause a sign or notices to be posted or displayed on the premises as provided in this section. The sign or notice shall read substantially as follows: WARNING. DRINKING WINE, BEER AND OTHER ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS. Except as specified in Section 11.19.030 C, a sign as required herein shall not be smaller than 10 inches wide by 10 inches long, nor shall any lettering thereon be less than one inch in height. (Ord. 86-0169 § 1 (part), 1986.) 11.19.030 Placement. A sign or notice required by Sectidn 11.19.020 shall be placed as follows: A. Where the sale or dispensing of wine, beer or other alcoholic beverages to the public is primarily intended for consumption off the premises, at least one sign sFiall be so placed to assure that it is readable from all locations at which said sale or dispensing occurs; B. Where the sale of wine, beer or other alcoholic beverages to the public is primarily provided through over-the-counter service, at least one sign shall be placed to assure that it is readable from all counter locations available to the public; C. Where the sale or dispensing of wine, beer or other alcoholic beverages to the public is primarily provided for consumption on the premises by the public at tables served by food or beverage service persons, at least one sign shall be placed to assure it is readable by the public entering the premises. In the alternative, signs or notices smaller than 10 inches wide by 10 inches long may be displayed at each of the tables provided that the notices are as readily visible and readable as materials provided to the public which list food and beverage prices. (Ord. 86- 0169 § 1 (part), 1986.) 11.19.040 Language. http://search.municode.com/htmll16274/ DATA/TITLEll/Chapter_ll_19 ALCOHOLL.. 11/12/2010 Chapter 11.19 ALCOHOLIC BEVERAGE WARNING SIGNS Page 2 of 2 In the event a substantial number of the public patronizing a premises offering for sale or dispensing wine, beer or other alcoholic beverages uses a language other than English as a primary language, any sign or notice required by Section 11.19.030 of this chapter shall be worded in both English and the. primary language or languages involved. (Ord. 56-0169 § 1 (part), 1986.) « previous ~ next » http://search.municode.comlhtml/162741 DATA/TITLEll/Chapter_ll_19 ALCOHOLL.. 11/12/2010 Chapter 11.20 HOUSING Title 11 HEALTH AND SAFETY Page i of 9 Chapter 11.24 HOUSING Part 1 DEFINITIONS 11.20.010 Apartment. 11 20.020 Apartment house. 11.20.023 Boarding home. 11.20.030 Dwelling. 11.20.040 Dwelling unit. 11 20 050 Dwelling unfit for human habitation use or occupancy. 11.20.060 Family. 11.20.070 Guest. 11.20.080 Guest room. 11.20.090 Habitable room. 11.20.100 Hotel 11.20.110 House court. 11.20.120 Motel. 11.20.140 Substandard dwelling. Part 2 REGULATIONS 11 20 150 Applicability of chapter provisions. 11 20 160 Maintenance required--Noncompliance unlawful. 11 20 170 Sanitation requirements generally. 11.20.180 Toilet facilities. 11 20 190 Toilet rooms and bathing facilities. 11 20 200 Heating appliances--Sale restrictions. 11 20 210 Gas-burning appliances--Approval and installation conditions 11 20 220 Gas-burning appliances--Connections. http://search.municode.corn/htmU16274/ DATAlTITLEll/Chapter_ll_20 HOUSING.h... 11/12/2010 Chapter 11.20 HOUSING 11 20 230 Gas-burning appliances--Maintenance. 11 20.240 Gas ranges--Venting. 11 20 260 Kitchens--Dwelling requirements. 11 20 270 Cooking permitted in sleeping rooms--Conditions. 11 20 280 Sleeping rooms--Air space per person. 11 20 290 Sleeping rooms--Air space for two persons. 11 20 300 Sleeping rooms--Air space for more than two oersons 11 20 310 Sleeping rooms--Overcrowding and other unhealthful conditions prohibited. 11 20 320 Linen and bedding for transient quest accommodations. 11.20 330 Screens required when. 11 20 350 Apartment houses--Regulations applicable. 11 20 360 Bachelor apartments--Described--Requirements. 11 20 370 Efficiencv living units. 11 20 380 Hotels--Regulations applicable. 11 20 390 Motels--Regulations applicable. 11 20 400 Light housekeeping rooms. 11 20 420 Postind requirements--Penalty for noncompliance. Part 1 DEFINITIONS 11.20.010 Apartment. Page 2 of 9 "Apartment" means dwelling unit. (Ord. 8588 § 2 (part), 1964: Ord. 7583 § Part 3 Ch. 11 § 804.1, 1959.) 11.20.020 Apartment house. "Apartment house' means any structure more than one story in height or any portion of any such structure, occupied or designed, built or rented for occupation, as a home, by three or more families, each living in a separate apartment and cooking within such structure. (Ord. 7583 Part 3 Ch. 11 § 810, 1959.) 11.20.023 Boarding home. httpa/search.municode.com/html/16274/_DATA/TITLEll/Chapter_ll_20 HOUSING.h... 11/12/2010 Chapter 11.20 HOUSING Page 3 of 9 "Boarding home" means any premises, structures, or portion thereof (except any hospital or other health facility as defined in Section 1250 of the Health and Safety Code and except any mental or alcoholic institution licensed by the state of California), used or intended to be used as a place where sleeping or rooming accommodations are furnished to the whole or any part of the public, with or without compensation and with or without meals, for five or mare persons who are unrelated to the operator. "Boarding home" includes, but is not limited to, a rooming house, home far the aged, sober living facility, boarding house, lodging house, and bed and breakfast facility. (Ord. 94-0052 § 18, 1994: Ord. 7583 Part 3 Ch. 11 § 806, 1959.) 11.20.030 Dwelling. "Dwelling" means any structure or any portion of a structure, other than an apartment house, motel or hotel, containing one or more guest rooms. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 801, 1959.)\ 11.20.040 Dwelling unit. "Dwelling unit" means a room or a suite of rooms, other than a hotel, which are occupied or which are intended or designed for occupancy by a family for living and sleeping purposes. (Ord. 8588 § 1 {part), 1964: Ord. 7583 Part 3 Ch. 11 § 804, 1959.) 11.20.050 Dwelling unfit for human habitation, use or occupancy. "Dwelling unfit for human habitation, use or occupancy" means any dwelling, hotel, motel, apartment house or other structure used far living or sleeping purposes which, by reason of its construction or by reason of the lack of maintenance or repair thereof, is in such a condition as creates a hazard to the health, welfare or safety of its occupants. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 803, 1959.) 11.20.060 Family. "Family" means one person living alone, or a group of two or more persons living together, whether or not related to each other by birth. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 802, 1959.) 11.20.070 Guest. "Guest" means any person who occupies a room for sleeping purposes. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 804.2, 1959.) 11.20.080 Guest room. "Guest room" means a room occupied, or intended, arranged or designed far occupation by one or more guests. Every 100 square feet of superficial floor area in a dormitory shall be considered a guest room. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 804.3, 1959.) 11.20.090 Habitable roam. "Habitable room" means any roam meeting the requirements of this Division 1 for sleeping, living, cooking or eating purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces. (Ord. 7583 Part 3 Ch. 11 § 805, 1959.) htip://seazch.municode.com/html/16274/ DATA/TITLEII/Chapter_ll_20 HOUSING.h... 11/12/2010 Chapter 11.20 HOUSING 11.20.100 Note1. Page 4 of 9 "Hotel" means any structure or any portion of a structure, including any dormitory, Turkish bath, bachelor hotel, studio hotel, public club or private club containing six or more guest rooms, and which is occupied, or is intended or designed for occupation, by six or more guests, whether rent is paid in money, goods, labor or otherwise. It does not include any jail, hospital, asylum, sanitarium, orphanage, prison or detention or other building in which human beings are housed and detained under legal restraint. (Ord. 94-0052 § 19, 1994: Ord. 7583 Part 3 Ch. 11 § 812, 1959. ) 11.20.110 Nouse court. "House court" means a group of five or more dwelling units other than a hotel or a motel, located upon a single lot or parcel of land. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 804.4, 1959.) 11.20.120 Motel. "Motel" means a building of not more than one story containing six or more guest rooms or apartments, or combinations thereof, each of which has a separate, individual entrance leading directly from the outside of the building and is designed, used or intended wholly or in part for the accommodation of automobile transients. (Ord. 7583 Part 3 Ch. 11 § 811, 1959.) 11.20.140 Substandard dwelling. A. "Substandard dwelling" means any dwelling, house court, dormitory, hotel, motel or apartment house which, through lack of maintenance or repair, generally endangers the life, limb, health, property, safety or welfare of the public, or of the occupants thereof. B. Conditions which render a structure a "substahdard dwelling" include, but are not limited to, any of the following: 1. Lack of approved toilet or privy structure, bathtub or shower, kitchen sink, hot and cold running. water, or other required approved plumbing within an apartment or dwelling; 2. Lack of exterior wall or roof covering adequate to protect the occupants from the elements; 3. Damaged interior walls, partitions, floors or ceiling; 4. Plumbing fixtures and piping which have become insanitary or are otherwise in a condition to create a health hazard; 5. Sewage disposal system which has become insanitary or is otherwise in a condition to create a health hazard; 6. Unreasonable collection of rubbish, debris or trash upon premises; 7. Any of the conditions specified in Section 11.02.300, subsections B, C, D or E; 8. Use of other than habitable rooms for living, cooking or eating purposes; 9. Incomplete construction; 10. Infestation by insects, vermin or rodents; 11. General dilapidation; 12. Lack of a water supply adequate to sustain the health of the inhabitants. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 809, 1959.) Part 2 REGULATIONS 11.20.150 Applicability of chapter provisions. The provisions of this Chapter 11.20 shall apply to all dwellings, house courts, hotels and apartment houses. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 800, 1959.) http://search.municode.com/html/16274/ DATA/TITLEll/Chapter_ll_20 HOUSING.h... 11/12/2010 Chapter 11.20 HOUSING Pale 5 of 9 11.20.160 Maintenance required--Noncompliance unlawfui. Every dwelling, house court, hotel, motel and apartment house shall be maintained in good repair. It is unlawful for any person to occupy or to cause or permit another person to occupy any dwelling, house court, hotel, motel and apartment house which does not comply with this section. (Ord. 12098 § 2, 1980: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 820, 1959.) 11.20.170 Sanitation requirements generally. A. Each habitable room, hallway, passageway, stairway, wall, partition, ceiling, floor, skylight, glass window, door, carpet, rug, matting, window curtain, furniture, compartment or room, plumbing fixture, drain, roof, vent, closet, cellar, basement, laundry room, yard, court, lot and the premises of every building shall be kept clean, sanitary and free from debris, filth, rubbish, garbage, vermin and other offensive matter. It is unlawful for any person to occupy any building or shelter unless such building or shelter shall provide protection to the occupants from dampness during inclement weather. B. Air spaces under buildings shall be rodentproof and kept clear and free from rubbish, debris and filth. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 826, 1959.) 11.20.'180 Toilet facilities. Except where the use of a toilet facility other than a water closet is permitted by this Division 1, it is unlawful for any person to occupy, or to cause or permit another person to occupy, any dwelling which is not supplied with at least one water closet in a separate compartment within the building for each portion of the dwelling which is designed for the occupancy of a single family; provided, however, that this section shall not apply to children's camps. Where the use of a toilet facility other than awater-flush toilet is permitted by this Division 1, it is unlawful for any person to occupy, or to cause or permit another person to occupy, any dwelling which is not supplied with at least one toilet facility other than awater-flush toilet in an outside, separate compartment for each portion of the dwelling which is designed for the occupancy of a single family. (Ord. 7583 Part 3 Ch. 11 § 817, 1959.) 11.20.190 Toilet rooms and bathing facilities. Every dwelling unit shall contain a lavatory and bathtub or shower. All lavatories, bathtubs and showers of dwellings, house courts, hotels, motels and apartment houses shall be provided with hot and cold running water under pressure. All toilet rooms, bath and shower rooms and utility rooms shall be adequately lighted and ventilated to the outside atmosphere. All such rooms and the fixtures and equipment therein shall be maintained in a state of good repair and free from dirt, filth and corrosion. It is unlawful for any person to occupy or to cause or permit another person to occupy any dwelling unit which does not comply with this section. (Ord. 12098 § 1, 1980: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 819, 1959.) 11.20.200 Heating appliances--Sale restrictions. No person shall sell or offer for sale at retail any comfort heating appliance constructed to burn gas or oil for fuel, unless such heating appliance bears the seal of approval of a nationally recognized testing agency. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 821.1, 1959.) 11.20.210 Gas-burning appliances--Approval and installation conditions. Every gas-burning appliance shall be approved by a nationally recognized testing agency. Every gas-burning appliance, except ranges, refrigerators and hotplates approved by such agencies for unvented use, shall be approved for vented use, and be connected to an effective flue or vent leading to the outside air, not Tess in size than the vent collar on the appliance. Appliances with http://search.municode.com/html/16274/ DATA/TITLEll/Chapter_ll_20 HOUSING.h... 11/12/2010 Chapter 11.20 HOUSING Page 6 of 9 forced-air draft or sealed combustion chambers shall be vented in accordance with the manufacturer's directions. The installation of gas heaters or alteration of existing heaters shall be done under a permit obtained from the building department. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 821, 1959. 11.20.220 Gas-burning appliances--Connections. Every gas-burning appliance shall be connected to the gas supply piping by metal piping or tubing of a quality and design approved by the county engineer. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 822, 1959.) 11.20.230 Gas-burning appliances--Maintenance. Every gas vent, gas water heater or other gas appliance shall be maintained in good repair. (Ord. 7583 Part 3 Ch. 11 § 823, 1959.) 11.20.240 Gas ranges--Venting. A. A gas range shall be vented by one of the following means: 1. A ventilator opening in the wall or ceiling having an area of not less than six by eight inches and connecting with a ventilating duct of not less than 36 square inches in cross-sectional area leading to the outside air; 2. An approved system of forced-draft ventilation. B. Gas ranges in buildings erected after September 25, 1959, shall be ventilated by a vent located approximately over the top of surface cooking facilities. (Ord. 7583 Part 3 Ch. 11 § 824, 1959. ) 11.20.260 Kitchens--Dwelling requirements. A. Every dwelling unit in which food is prepared shall have in its kitchen a sink plumbed with hot and cold running water. A kitchen shall be deemed to be that room in which food is prepared for family use. B. Every kitchen shall be separated from any room used for sleeping purposes by a full partition, which may contain a doorway not more than four feet in width. Each such doorway shall be provided with a door capable of diminishing the transmission of noises or fumes to any adjacent room used for sleeping purposes. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 818, 1959. ) 11.20.270 Cooking permitted in sleeping rooms--Conditions. A. If the director finds that health and safety will be preserved and that both an inf rmary and restaurant are easily accessible to the occupants thereof within the development, in low-cost housing developments designed for persons over 62 years of age financed in whole or in part by federal funds or by means of loans insured in whole or in part by the United States, a room used for sleeping purposes also may be used for cooking. B. Subsection B of Section 11.20.260 and the provisions of Section 11.20.31.0 which prohibit sleeping in a kitchen do not apply to such a room, but subsection A of Section 11.20.260 and all other provisions of this code do apply to such a room. (Ord. 8095 § 2, 1961: Ord. 7583 Part 3 Ch. 11 § 818.5, 1959.) 71.20.280 S12eping rooms--Air space per person. It is unlawful for a person to occupy or permit another person to occupy any room for sleeping purposes unless such room shall contain at least 500 cubic feet of air space. (Ord. 7583 Part 3 http://search.municode.com/html/16274/ DATA/TITLEll/Chapter_ll_20 HOUSING.h... 11/12/2010 Chapter 11.20 HOUSING Ch. 11 § 814, 1959.) 11.20.290 Sleeping rooms--Air space for two persons. Except as provided in Section 11.20.300 every room used for sleeping purposes, occupied by two persons, shall contain not less than 630 cubic feet of air space. (Ord. 7583 Part 3 Ch. 11 § 815, 1959.) 11.20.300 Sleeping rooms--Air space for mare than two persons. Page 7 of 9 Every room or place used for sleeping purposes shall be deemed to be overcrowded if it is occupied by more than two persons and contains less than 630 cubic feet of air space plus 500 cubic feet of air space for every person occupying the room in excess of two persons. (Ord. 7583 Part 3 Ch. 11 § 816, 1959.) 11.20.310 Sleeping rooms--Overcrowding and other unhealthful conditions prohibited. No person shall occupy, rent or lease, suffer or permit another person to use for sleeping purposes any kitchen, cellar, hallway, bath, shower, compartment, toilet room, or any habitable roam or place, including any hotel, apartment house, multiple dwelling or dwelling, which is detrimental to the health of the occupant or occupants by reason of overcrowding or insufficiency of light, windows, ventilation or drainage. The window area of any room used for sleeping purposes shall not be less than orie-eighth of the floor area and shall be at least one-half openable or the roam completely air-conditioned. (Ord. 7583 Part 3 Ch. 11 § 825, 1959.) 11.20.320 Linen and bedding for transient guest accommodations. All rooms in a rooming house, hotel, motel, apartment house, rented to transient guests wherein beds are used shall be provided with an adequate amount of clean bedding, springs and mattresses, in good repair. All such beds, springs and mattresses shall be maintained in a sanitary condition.. Rooming houses, hotels, motels; and apartment houses shall provide an adequate amount of clean washcloths, hand and bath towels, and other linen necessary for each new guest therein. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 831, 1959.) 11.20.330 Screens required when. Windows and other openings in the exterior walls of dwellings shall be provided with approved screening of at least 16 mesh set in tight-fitting frames, except where the omission of screens will not be hazardous to the health of the occupants. (Ord. 7583 Part 3 Ch. 11 § 813, 1959.) 11.20.350 Apartment houses--Regulations applicable. Apartment houses shall comply with Chapters 11.16, 11.30, 11.32 and 11.38 of this Division 1 (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 829, 1959.) 11.20.360 Bachelor apartments--Described--Requirements. A bachelor apartment is a dwelling unit built prior to August 8, 1963, combining kitchen, living and sleeping areas, and will be permitted provided it complies with the following requirements: A. The room shall have a minimum of 250 square feet of floor area, exclusive of bath, closet and water-closet areas. B. Occupancy shall be limited to not more than two persons. C. Each bachelor apartment shall be located in an apartment house or hotel. http://search.municode.com/html/16274/ DATA/TITLEll/Chapter_I1_20 HOUSING.h... 11/12/2010 Chapter 11.20 HOUSING Page 8 of 9 D. Bachelor apartments shall comply as a dwelling unit; except, that the kitchen area need not be separated from a room used for sleeping purposes, and toilet facilities need only be separated from the kitchen area by one full door. E. Bachelor apartments shall comply with zoning requirements. F. One water closet, lavatory with hot and cold running water, and bathtub or shower shall be provided for each unit. G. Cooking facilities shall be vented directly td the outside air by means of a mechanical exhaust system having a capacity of at least 150 cubic feet per minute. H. An approved method of heating shall be installed in each room. Cooking appliances shall not be used for the purpose of heating such rooms. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 834, 1959.) 11.20.370 Efificiency living units. Nothing in this Division 1 shall prohibit the use, on or after July 13, 1963, of an efficiency living unit which meets the following requirements: A. An efficiency living unit shall have a living room of not less than 220 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two. B. There shall be provided a separate closet of such size as to provide for adequate storage. C. There shall be provided a separate area of not less than three feet by five feet in size, accessible from the living rooms and enclosed by a door or doors, and shall be provided with complete cooking and food preparation facilities. D. The cooking and food-preparation facilities shall consist of a properly trapped and vented kitchen sink provided with agarbage-disposal unit, hot and cold running water, a refrigerator and an approved kitchen range or cooking appliance. E. The surface on which the cooking appliance rests shall be covered with metal of not less than No. 28 U.S. Gauge over one-fourth-inch asbestos millboard, or such other materials that will provide equivalent fire protection, extending at least 24 inches above the surface on which the cooking appliance rests. F. There shall be installed over the cooking surface a mechanical exhaust fan connected to the outside air. G. All sink tops and cabinet surfaces shall have a smooth, washable, nonabsorbent finish. H. There shall be provided a cabinet for the storage of all food, dishes and cooking utensils. I. There shall be provided an approved comfort-heating appliance or system within the living room. J. A separate compartment containing a toilet, lavatory and bathtub or shower shall be provided for each efficiency living unit. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 832, 1959.) 11.20.380 Hotels--Regula#ions applicable. Hotels shall comply with Chapters 11.16, 11.30, 11.32 and 11.38 of this Division 1. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 830, 1959.) 11.20.390 Motels--Regulations applicable. Motels shall comply with Section 11.20.310 and Chapters 11.16, 11.30, 11.32 and 11.38 of this Division 1. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 828, 1959.) 11.20.400 Light housekeeping rooms.... „__ ., _ Light housekeeping rooms shall be permitted provided they were constructed prior to September 16, 1963, combine cooking, living and sleeping, and comply with the following requirements: A.1. Light housekeeping rooms shall contain not less than 150 square feet in area and shall be occupied by not more than two people. The cooking appliances therein, if any, shall be used solely for the cooking or preparation of meals for consumption by the occupants of the room. 2. A room having a superficial floor area of not less than 120 square feet may be used for light http:!/search.municode.com/html/16274/ DATA/TITLEll/Chapter 11 20 HOUSING.h... 11/12/2010 Chapter 11.20 HOUSING Page 9 of 9 housekeeping if it is occupied by only one person. B. The cooking appliances used therein, if any, shall have no more than two burners. If electric appliances are used, they shall have been tested and approved by the Underwriters' Laboratory. If gas appliances are used, they shall have been tested and approved by the American Gas Associatidn. C. 1. The installation, maintenance or use of said cooking appliances shall not be hazardous to life, health or property. 2. The cooking appliance shall rest upon its own legs, or shall be an approved, built-in unit of fixed installation. Said appliance shall be set not closer than six inches from any wall or projection thereof, and shall rest upon an impervious surface. 3. The walls behind and adjacent to said cooking appliance shall be lined or back-flashed with incombustible material equivalent to'one-fourth-asbestos millboard. The back-flashing shall extend from 12 inches below to 24 inches above the base of the appliance. There shall be a clear and unobstructed space of 36 inches above the surface of the cooking appliance. D. 1.Gas-burning appliances shall be connected to the gas supply piping by approved metal piping with an approved gas shutoff valve readily accessible within the room. 2. Electrical appliances and serving circuits shall be properly installed and maintained. E. The room shall contain an approved sink with hot and cold running water. F. An approved storage cabinet shall be installed in the room. All food, dishes, and cooking and eating utensils shall be stored therein when not in use. G. The bed in such a room, and drapes, curtains or other readily combustible material, shall be so located that they do not come in contact with the cooking appliances. H. Any toilet room opening directly into such a room shall have atight-fitting door. I. An approved method of heating shall be installed in each such room. Cooking appliances shall not be used for the purpose of heating such rooms. No cooking appliance shall be installed within a closet in such a room. J. In any building containing six. or more light housekeeping rooms, there shall be one water closet and one bath facility for each five units or fraction thereof. In any building containing five or less light housekeeping rooms, there shall be one water closet and one bath facility which may be in the same room for each three light housekeeping units in the building. Such toilet and bath facilities shall be accessible to and from a public hallway. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 833, 1959.) 11.20.420 Posting requirements--Penalty for noncompliance. A. The owner of a house court, as defined in Section 11.20.110 of this chapter, shall be responsible for posting in a common area, accessible by all tenants and the general public, a placard, as provided by the health officer. "Common area, accessible by all tenants and the general public" means: 1. Posted in a conspicuous location within five feet of the main entrance of the housing court; or 2. Posted in or near the outside of the door of the housing court manager, if one exists; or 3. Posted in a location as directed and determined in the discretion of the county health officer to ensure proper notice to all tenants and the general public. B. The placard shall not be defaced, marred, camouflaged, hidden or removed. Removal of the placard is a violation of this chapter and shall be punishable as specified in Section 11.02.080. C: The placard shall legibly display the following information so as to be clearly visible to all tenants and the general public entering the housing court: This building is inspected by the Department of Health Services, Environmental Health. All public health questions/concerns regarding this property should be directed to: (local office address and telephone number to be provided by the county health offcer) Please contact the office listed above to report health code violation or concerns. Copies of inspection reports may be requested from this office: D. The placard must also list the web site addres's and toll free telephone number for the department of health services, environmental health, housing inspection program, which shall be provided by the county health offcer. (Ord. 2004-0019 § 2, 2004.) « previous ~ next » http://search.municode.com/html/16274! DATA/TITLEll/Chapter_ll_20 HOUSING.h... 11/12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* Title 11 HEALTH AND SAFETY Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* Part 1 GENERAL PROVISIONS AND DEFINITIONS Article 1 GENERAL PROVISIONS 11.22.010 Applicability of provisions. 11.22.020 Purpose. Article 2 DEFINITIONS 11.22.030 Adequate or approved. 11.22.040 Breathing zone. 11.22.050 Capture velocity. 11 22.060 Conveying velocity. 11.22.070 Corrosive substance. 11.22.080 Dermatitis. 11.22.090 Employee. 11.22.100 Employer. 11.22.110 Gassing. 11.22.120 General ventilation. 11.22.130 Hood. 11.22.140 Irritant. 11.22.150 Lateral exhaust. 11.22.160 Local exhaust ventilation. 11.22.170 Maximum acceptable concentrations. 11 22 180 Occupational disease. 11.22.190 Occupational health hazard. 11 22 200 Place of employment or industrial establishment. 11 22 210 Sanitary condition. Page 1 of 19 http://search.municode.com/html/16274/ DATA/TITLEll/Chapter_ll_22_INDUSTRIA... 11/12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* 11.22.220 Strong sensitizer. 11.22.230 Toilet facilities. 11.22.240 Toilet room. 11.22.250 Toxic substance. 11.22.260 Urinal. 11.22.270 Water closet. Part 2 WATER SUPPLYf191 11:22.280 Requirements generally--Supply approval by director. 11.22.290 Drinking water--Open containers prohibited. 11.22.300 Common use of drinking containers prohibited. 11.22.310 Drinking water--Cooling container restrictions. 11.22.320 Drinking cups--Provision and disposal. 11.22.330 Drinking fountains--Design and quantity. 11.22.340 Drinking fountains--Drainage. Part 3 TOILET FACILITIES 11.22.350 Requirements generally--Quantity and location. 11.22.360 Toilet paper required. 11.22.370 Covered receptacles required in women's rooms. 11.22.380 Floors walls and ceilings--Materials and Maintenance. _. 11.22.390 Installation of toilet fixtures. 11.22.400 Venting required. 11.22.410 Window screens required. Part 4 LUNCH ROOMS AND WASHING FACILITIES 11.22.420 Lunch rooms--Requirements generally. 11.22.430 Eating. or storing food--Protection from toxidsubstances. 11.22.440 Disposal receptacles required. 11.22.450 Washing facilities--Requirements generally. Page 2 of 19 http://search.municode.com/html/16274/ DATA/TITLEll/Chapter 11_22_INDUSTRIA... 11/12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHME~ITS* 11.22 460 Washing facilities--Quantity. 11.22 470 Washing facilities--Soap and towels. 11 22 480 Washing facilities--Where poisonous or irritating materials are present 11 22 490 Additional change rooms and washing facilities reauired when. Part 5 MAINTENANCE STORAGE AND SANITATION 11.22.500 Liahting facilities. 11.22.510 Sanitation. 11.22:520 Housekeeping. 11.22.530 Aisles passageways and floors. 11 22 540 Fans and other ventilation equipment. 11.22.550 Drainage from wet processes. 11 22 560 Stacking of materials--Unopened containers. 11 22 570 Stacking of materials--Opened carboys prohibited. 11 22.580 Storage--Opened drums. 11 22 590 Storage--Materials toxic when in combination. 11 22 600 Storage--Toxic substances. Part 6 HEALTH HAZARD CONTROL 11 22 610 Occupational health hazards--Restrictions generally. 11 22 620 Control systems--Plan review and approval prerequisite to operation. 11 22 640 Exposure to hazards-Other control procedures authorized when. 11 22 650 Hazards--Information provided by director. 11 22 660 Review and updating of regulations. 11 22 670 Toxic substances--Determination by director. 11 22680 Survey of establishments to locate health hazards. 11 22 690 Toxic substances--Ventilation requirements--Respirator use limitations. 11 22 700 Personal protective equipment--Wearing required when. Page 3 of 19 http://search.municode.corn/htmU16274/ DATA/TITLEll/Chapter_ll_22_INDUSTRIA... 11/12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* 11 22 710 Respiratory protective equipment--Approval required. 11 22 720 Respiratory protective equipment--Regarded as emergency protection 11 22 730 Personal protective equipment--Provided and replaced by employer 11 22 740 Respiratory protective equipment--Sanitation and storage Part 7 LOCAL EXHAUST VENTILATION SYSTEMS 11 22.750 Rules and Regulations applicable. 11 22 760 Design operation and maintenance. Part 8 SURFACE COATING PROCESS VENTILATION SYSTEMS 11.22.770 Conventional air spravina--Specifications generally. 11.22 780 Spray booth design. 11.22.790 Exhaust systems. 11 22 800 Electrostatic spravina. 11.22 810 Airless spravina. 11 22 820 Metal spravina--Additional protective equipment required when 11.22.830 Flow coating. 11.22.840 Dip tanks: Part 9 VAPOR DEGREASERS USING CHLORINATED SOLVENTS 11.22.850 Location. 11.22.860 Design. 11.22.870 Operation. 11 22 880 Welding prohibited where. 11.22.890 Ventilation. 11 22 900 Local mechanical exhaust required when. 11 22 910 Tank cleaning operations. 11.22.920 Pit maintenance. Page 4 of 19 * Editor's note: For statutory provisions on occupation health and safety, see Labor Code § 6300 et seq. For department of health services Rules and Regulations on environmental management and http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_22_INDUSTRIA... 11/12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* occupational health, see Parts 2 and 3 of Appendix 1 of Title 11 of this code. Part 1 GENERAL PROVISIONS AND DEFINITIONS Article 1 GENERAL PROVISIONS 11,22,010 Applicability of provisions. Page 5 of 19 This Division 1 applies to all industrial establishments in which articles are manufactured, processed, repaired, cleaned, sorted or renovated, in whole or in part, and those establishments practicing the healing arts. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1100, 1959.) 11.22.020 Purpose. The purpose of this Division 1 is to prescribe minimum sanitary and occupational health requirements for the protection of the health of all employees in establishments covered by this Division 1. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1101, 1959.) Article 2 DEFINITIONS 11.22.030 Adequate or approved. "Adequate or approved" means in conformance with good health practices which, in the opinion of the director, are sufficient to protect the health and well-being of the employee. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1102, 1959.) 11.22.040 Breathing zone. "Breathing zone" means the area or zone of a worker's head during normal operation of a process while at work. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1103, 1959.) 11.22.050 Capture velocity. "Capture velocity" means the velocity of air at specific points or zones which causes air contaminants to flow to an exhaust system. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1104, 1959.) 11.22.060 Conveying velocity. "Conveying velocity" means the air speed determined to be necessary to convey a contaminant through a duct or system. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1105, 1959.) 11.22.070 Corrosive substance. "Corrosive substance' means any substances which, in contact with living tissue, will cause destruction of tissue by chemical action, but shall not refer to action on inanimate surfaces. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1106, 1959.) http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_22_INDUSTRIA... 11/12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* Page 6 of 19 11.22.080 Dermatitis. "Dermatitis" means inflammation of the surface of the skin or epidermis. {Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1107, 1959.) 11.22..090 Employee. "Employee' means any person, including an owner or partner, who works in or is employed in a place of employment. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1108, 1959.) 11.22.100. Employer. "Employer" means an person who, directly or indirectly or through an agent or any other person, employs or exercises control over the wages, hours or working conditions of a man, woman or minor. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1109, 1959.) 11.22.110 Gassing. "Gassing" means the rate of generation of contaminant. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1110, 1959.) 11.22.120 General ventilation. "General ventilation'. means the introduction of uncontaminated air into an area, room or building, or exhausting air therefrom by other than local exhaust ventilation systems. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1111, 1959) 11.22.130 Hood. "Hood" means any air-intake device connected to an exhaust-ventilation system or duct to capture and remove dusts, fumes, gases, vapors, mists, smoke, heat, or otherwise provided local exhaust ventilation. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1112, 1959.) 11.22.140 Irritant. "Irritant" means any substance, not necessarily corrosive as defined herein, but which on either immediate, prolonged or repeated contact with normal living tissue will conduct a local inflammatory reaction. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1113, 1959.) 11.22.150 Lateral exhaust. "Lateral exhaust' means local exhaust ventilation designed with slots at the periphery or along the midsection of a surface or tank for the purpose of preventing escape of significant amounts of contaminants to the breathing zone. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1114, 1959.) 11.22.160 Local exhaust ventilation. "Local exhaust ventilation" means a ventilating system intended to capture air contaminants at or near their point of origin and transport them to an approved exhaust system. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1115, 1959.) http://search.municode.com/htrnU16274/ DATA/TITLEll/Chapter_ll_22 INDUSTRIA.:. 11/12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* Page 7 of 19 11.22.170 Maximum acceptable concentrations. "Maximum acceptable concentrations' means the concentration of gas, vapor, fume; dust, misYor similar air contaminants adopted in Part VII of the Rules and Regulations established by authority of Section 11.02.160 and set out in Appendix 1 to this Title 11. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1121, 1959.) 11.22.180 Occupational disease. "Occupational disease" means any disease or infection, including dermatitis, which is peculiar to the industrial process, trade or occupation in each instance, and which arises out of and in the scope of employment, and to which an employee is not ordinarily subjected or exposed, other than during a period of regular, actual employment therein. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1116, 1959.) 11.22.190 Occupational health hazard. "Occupational health hazard" means any risk to an employee's health associated with or arising out of his occupation, or occupational work or environment. (Ord. 8588 § 9 (part), 1964: Ord.. 7583 Part 3 Ch: 16 § 1117, 1959.) 11.22.200 Place of employment or industrial establishment. "Place of employment" or "industrial establishment" means every place where persons are employed. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1118, 1959.) 11.22.210 Sanitary condition. "Sanitary condition" means that physical condition which will tend to prevent the incidence and spread of disease. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1119, 1959.) 11.22.220 Strong sensitizer. "Strong sensitizer" means a substance which will cause, on normal living tissue, through an allergic or photodynamic process, a hypersensitivity which becomes evident on reapplication of the same substance, and which is so recognized by national authority. Before designating any substance as a strong sensitizer, the department, upon consideration of the frequency of occurrence and severity of the reaction, shall find that the substance has a significant potential for causing hypersensitivity. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1120, 1959.) 11.22.230 Toilet facilities. "Toilet facilities" means fixtures maintained within toilet rooms for the purpose of defecation. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1122, 1959.) 11.22.240 Toilet room. "Toilet room" means a room maintained within or on the premises of any place of employment containing toilet facilities for use of employees, and shall be used for no other purpose. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1123, 1959.) 11.22.250 Toxic substance. http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_22 INDUSTRIA... 11/12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* Page 8 of 19 "Toxic substance" means any substance, other than a radioactive substance, which has the capacity to produce personal injury or illness to man through ingestion, inhalation or absorption through any body surface. (Ord. 8588 § 9 (part); 1964: Ord. 7583 Part 3 Ch. 16 § 1124, 1959.) 11.22.260 Urinal. "Urinal" means a fixture connected with a sewer and maintained within a toilet room for the sole purpose of urination. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1125, 1959.) 11.22.270 Water closet. "Water closet" means a toilet facility which is connected to a sewer and flushed with water under pressure. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1126, 1959.) Part 2 WATER SUPPLY[19] 11.22.280 Requirements generally--Supply approval by director. Every place of employment where two or more persons are employed shall be adequately supplied at all times with running water under pressure far use by human beings for both drinking and face and body washing purposes. Such supply and the facilities, and the location of such facilities, must be approved by the director of public health. (Ord. 2006-0040 § 95, 2006: Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1127, 1959.) 11.22.290 Drinking water--Open containers prohibited. No employer or employee shall provide an open container, such as barrels, pails or tanks, for drinking water for general use, from which the water must be dipped or poured, whether fitted with a cover or not. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1133, 1959.) 11.22.300 Common use of drinking containers prohibited. No employer shall provide or expose for common use, or permit to be so provided or exposed, or allow to be used in common, any cup, glass or other receptacle used for drinking purposes. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1129, 1959.) 11.22.310. Drinking water--Cooling container restrictions. In all instances where drinking water is cooled by ice, the construction of the container shall be such that the ice does not come in direct contact with the water. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1128, 1959.) 11.22.320 Drinking cups--Provision and disposal. Where single-service drinking cups are supplied (to be used once), there shall be provided at all times an approved, sanitary container for the uhused cups, and also a receptacle for disposing of the used cups. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1130, 1959.) 11.22.330 Drinking fountains--Design and quantity. When sanitary drinking fountains are provided in compliance with Section 11.22.280, they shall http://search.municode.com/htrnU16274/ DATA/TITLEll/Chapter_ll_22 INDUSTRIA... 11/12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* Page 9 of 19 be of the angle-jet type, with guard, and in good working order at all times, and must be of a design approved by the director. When such drinking fountains are provided, at least one must be provided for each 50 employees, or fraction thereof. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1131, 1959.) 11.22.340 Drinking fountains--Drainage. The drain from any drinking fountain shall be connected to an acceptable drainage system in an approved manner. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1132, 1959.) Part 3 TOILET FACILITIES 11.22.350 Requirements generally--Quantity and location. A. Every industrial establishment shall provide and have available for use in good working order at all times an adequate number of water closet, separate for each sex, in accordance with the following table: Table No. 1 Number of Persons of Given Sex Number of Water Closets 1--9 1 10--24 2 25--49 3 50--74 4 75--100 5 Over 100 1 for each additional 30 persons If the total number of employees of an establishment numbers less than five and only one toilet is available, it may be used by both sexes. B. Urinals may be substituted for a certain number of the water closet facilities specified in the foregoing table as follows: One urinal may be substituted for one water closet, provided the total number of water closets is at least twice the total number of urinals: " -- - - - _ _ "' " C. Toilet facilities shall be provided so as to be readily accessible to afl employees. Toilet facilities so located that employees must use more than one floor-to-floor flight of stairs to or from them are not considered as readily accessible. As far as is practicable, toilet facilities shall be located within 200 feet of all locations at which workers are regularly employed. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1134, 1959.) 11.22.360 Toilet paper required. An adequate supply of toilet paper with suitable holder shall be provided for each water closet at all times. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1135, 1959.) 11.22.370 Covered receptacles required in women's rooms. Covered receptacles shall be kept at all times in all toilet rooms used by females. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1136, 1959.) http://search.municode.com/htrnU16274/ DATA/TITLEll/Chapter_ll_22_INDUSTRIA... 11/12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* Page 10 of 19 11.22.380 Floors, walls and ceilings--Materials and Maintenance. The floors, walls and ceilings of all toilet rooms shall be of a nonabsorbent material that can be easily cleaned and maintained in good repair. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1137, 1959.) 11.22.390 Installation of toilet fixtures. Every watercloset bowl shall be set entirely free and open from all enclosing woodwork, and shall be so installed that the space around the fixture may be easily cleaned. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1140, 1959.) 11.22.400 Venting required. All inside toilet rooms shall be effectively vented to the outside air. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1139, 1959.) 11.22.410 Window screens required. All outside windows of, all toilet rooms shall be equipped with suitable and effective insect screens. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1138, 1959.) Part 4 LUNCH ROOMS AND WASHING FACILITIES 11.22.420 Lunch. rooms--Requirements generally. In all places of employment where employees are permitted to lunch on the premises, an adequate space suitable for that purpose shall be provided for the maximum number of employees who may use such space at one time. Such space shall be separate and apart from any location where there is an exposure to toxic materials. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1146, 1959.) 11.22.430 Eating or storing food--Protection from toxic substances. No employee shall be permitted to store or eat any part of his or her lunch or other food at any time where there are present any toxic materials or other substances that may be injurious to health. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1148, 1959.) 11.22.440 Disposal receptacles required. A covered receptacle shall be provided at all times for the disposal of all waste food. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1147, 1959.) 11.22.450 Washing facilities--Requirements generally, Adequate facilities for maintaining personal cleanliness shall be provided in every place of employment. Their number and proximity to the employees shall be such as to fulfill properly the requirements set forth in Division 1 of this title, and shall be maintained in a clean and sanitary condition at all times. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1141, 1959.) 11.22.460 Washing facilities--Quantity. http://search.municode.com/html/16274! DATA/TITLEll/Chapter_ll_22_INDUSTRIA... 11/12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* Page 11 of 19 At least one lavatory (washbasin) shall be provided in every toilet room, or adjacent thereto, with water under pressure, and in good working order at all times, for every 10 employees (men or women) or portion thereof, up to 100 persons, and one lavatory (washbasin) for each additional 15 persons or portion thereof. 24 inches of sink with individual faucet shall be considered as equal to one lavatory. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1142, 1959.) 11.22.470 Washing facilities--Soap and towels. Soap and individual towels shall be provided by the employer, and proper receptacles maintained at all times for disposing of used towels. Other type of drying apparatus may be substituted for towels, if approved by the director. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1144, 1959. ) 11.22.480 Washing facilities--Where poisonous or irritating materials are present. Where there is exposure to skin contamination with poisonous, infectious or irritating materials, one lavatory shall be provided for each five persons. Where wash sinks or circular basins are used 24 lineal inches of wash sink or 18 inches of a circular basin, when provided with water outlets for such space, shall be considered equivalent to one lavatory. In all instances, a suitable cleansing agent shall be provided at each wash place. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1143, 1959.) 11.22.490 Additional change rooms and-washing facilities required when. Employes shall provide change rooms, showers, baths orlavatories having hot and cold running water, soap and towels, in every place of employment where lack of such facilities may constitute an occupational health hazard and may result in an occupational disease. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1145, 1959) Part 5 MAINTENANCE, STORAGE AND SANITATION 11.22.500 Lighting facilities. Each place of employment shall be equipped with such lighting facilities that may be necessary to adequately and effectively illuminate all operations and areas. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1163, 1959.) 11.22.510 Sanitation All places of employment shall be maintained in a reasonably clean and sanitary condition. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1161, 1959.) 11.22.520 Housekeeping. All plants, rooms and areas, and equipment or supplies used therein or in connection therewith, shall be kept in a clean and sanitary condition. A program shale be carried out for regularly removing dust, spillage and debris at regular intervals. The establishment shall be maintained in a reasonably orderly condition as may be necessary for good housekeeping practices requisite to compliance with these regulations. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1164, 1959.) 11.22.530 Aisles, passageways and floors. http://search:municode. com/htmU 16274L_DATA/TITLE l l/Chapter_Ll_22 INDUSTRIA... 11 /12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* Page 12 of 19 Permanent aisles and passageways. shall be provided and kept clear, and the floor surfaces thereof shall be kept in good repair. Where necessary to the maintenance of clear passageways, such aisles and passageways shall be defined by painting lines or other clear markings. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1166, 1959.) 11.22.540 Fans and other ventilation equipment. Fans, fanblades, hoods, ducts, filters and baffles shall be regularly inspected, and shall be cleaned and maintained, repaired or replaced as often as necessary to maintain performances of the system reasonably within the intended design requirements. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1167, 1959.) 11.22.550 Drainage from wet processes. Where wet processes are used, provision shall be made so drainage therefrom does not create a hazardous or unsanitary condition. Drainage shall be arranged so as not to regularly run across the floor or walkways. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1165, 1959.) 11.22.560 Stacking of materials--Unopened containers. FuII, unopened drums and boxed carboys, if stacked upright and two or more layers high, shall be staggered or with pallets between layers, so as to provide stability to such stacks. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1169, 1959.) 11.22.570 Stacking of materials--Opened carboys prohibited. Boxed carboys which have been opened shall not be stacked. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1171, 1959.) 11.22.580 Storage--Opened drums... _.___._ .,__- _ ._. _ .. _ . Opened drums shall be stored upright and shall not be stacked. Exception: For the purpose of dispensing, such drums may be stored on their sides, not over two tiers high, if dispensing spigots are installed on the drums and the drums are secured in place. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1170, 1959.) 11.22.590 Storage--Materials toxic when in combination. Substances which are not toxic by themselves in their normal state, but when in combination may create products which are toxic, shall be separated from each other in storage. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1168, 1959.) 11.22.600 Storage--Toxic substances. Toxic substances shall be stored in an organized and orderly manner, and identified as may be necessary to aid in preventing accidents, and shall be reasonably protected from sources of external corrosion or damage. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1172, 1959.) Part 6 HEALTH HAZARD CONTROL http://search.municode.corn/htmU16274/ DATA/TITLEll/Chapter_ll_22_INDUSTRIA... 11/12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* Page 13 of 19 11.22.610 Occupational health hazards--Restrictions generally. No person, firm, corporation or other employer shall use or permit to be used, in the conduct of any business, manufacturing establishment or other place of employment, any process, material or condition known to have any possible adverse effect on the health of any person or persons employed therein, unless arrangements have been made to maintain the occupational environment to the extent that such injury will not result. Every industrial establishment shall be continually maintained in a sanitary condition. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1154, 1959.) 11.22.620 Control systems--Plan review and approval prerequisite to operation. The director shall review and approve or disapprove all plans and specifications pertaining to the design of ventilation systems for the control of occupational health hazards and shielding for a source of radiation, and shall have the authority to require the submission of such plans and specifications. The employer shall submit all plans and specifications at the request of the director, and shall not use, operate or allow any person to work with any hazardous materials or sources of radiation until the director has approved said installation. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1191, 1959.) 11.22.630 Exposure to hazards--Maximum acceptable concentration--Exhaust system required when. No employee shall be exposed to concentrations of dust, fumes, mists, vapors or gases in excess of the maximum acceptable concentrations set forth in the Rules and Regulations established by this Division and set out at Part 3 of Appendix 1 of this Title 11. When excess concentrations of dust, fumes, mists, vapors or gases are present, a local exhaust ventilation system meeting the requirements of the Rules and Regulations shall be provided. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 §.1159, 1959.) 11.22.640 Exposure to hazards--Other control procedures authorized when. The director may authorize substitute procedures or controls in lieu of the specifc design or installation requirements established by the Rules and Regulations when he finds th'e conditions of such variance will protect protection equivalent to that required therein. Such variance shall not be effective until the specific conditions thereof are approved, in writing, by the director. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1160, 1959.) 11.22.650 Hazards--Information provided by director. The director shall make available information concerning maximum acceptable concentrations of toxic vapors, gases, fumes, mists, dusts and such environmental standards as may pertain to the health and safety of the employees of industrial establishments in its area of jurisdiction. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1155, 1959.) 11.22.660 Review and updating of regulations. It shall be the policy of the department of public health to continuously review new data concerning toxic substances and to keep this Division 1 and the Rules and Regulations established by this Division 1 up to date. (Ord. 2006-0040 § 96, 2006: Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1156, 1959.) 11.22.670 Toxic substances--Determination by director. http://search.municode.com/htmU16274/ DATA/'TITLEll/Chapter 11_22 INDUSTRIA... 11/12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS Page 14 of 19 Whenever in the judgment of the director such action will promote the objective of this Division 1 by avoiding or resolving uncertainty as to their application, the director may declare any specifically named material, compound, substance or mixture thereof to be a "toxic substance' subject to requirements established by this Division 1 and interpreted by the Rules and Regulations which he determines to fall within the scope of the definition of the "toxic substance." (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1157, 1959.) 11.22.580 Survey of establishments to locate health hazards. The director shall make health and sanitary surveys and studies of industrial establishments to determine whether or not manufacturing processes or procedures may cause adverse conditions which may be responsible for or cause ill health of industrial workers. The result of such survey or study shall be brought to the attention of each establishment involved, together with any recommendations which may be deemed necessary for the adequate protection of the health and well-being of the workers. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1158, 1959.) 11.22.690 Toxic substances--Ventilation requirements--Respirator use limitations. Whenever necessary to control fumes, dust, mists, gases or vapors to comply with Section 11.22.670, a reliable, adequate ventilating system shall be installed and maintained so that the concentration of such substances is below the maximum acceptable concentration, or the process shall be so located, isolated and arranged that persons are not exposed to such quantities as constitute a toxic substance. Respirators may be provided and used in lieu of reducing the concentration of dust, fumes, mists, gases or vapors only when the use of such respirators is of a temporary or intermittent nature and only when such respirators are approved for protection against the particular toxic substance. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1162, 1959.) 11.22.700 Personal protective equipment--Wearing required when. Where the removal of harmful dusts, fumes, mists, vapors or gases at their source is impracticable, the employee who may be liable to harmful exposure shall be protected by means of respiratory or other protective equipment approved by the director. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1149, 1959.) 11.22.710 Respiratory protective equipment--Approval required. Respiratory protective equipment, including filter, cartridge and supplied-air respirators, hose masks, canister-type gas masks, supplied-air hoods and helmets, and self-contained oxygen breathing apparatus, shall be of a type approved by the director. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1150, 1959.) 11.22.720 Respiratory protective equipment--Regarded as emergency protection. The use of respiratory equipment shall, in general, be regarded as emergency protection against occasional relatively brief exposure. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1151, 1959.) 11.22.730 Personal protective equipment--Provided and replaced by employer. It shall be the duty of the employer to provide and replace, when necessary, such respiratory and other personal protective equipment as may be required, and to maintain same in efficient and sanitary condition. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1152, 1959.) http://s earch.municode. com/html/ 16274/_DATA/TITLE l l /Chapter_ l l _22_INDUSTRIA... 11 / 12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* Page 15 of 19 11.22.740 Respiratory protective equipment--Sani#ation and storage. The employer shall provide the means for cleaning and sanitizing all respiratory equipment, and it shall be the duty of the employer to-cause such equipment to be maintained in a clean and sanitary condition. Respiratory equipment shall not be passed on from one man to another until such equipment is cleaned and sanitized. When filter or cartridge-type respirators are used, each employee shall have such respirator for his own exclusive use. Respiratory equipment and replacement units shall be stored, when not in use, in approved containers. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1153, 1959.) Part 7 LOCAL EXHAUST VENTILATION SYSTEMS 11.22.750 Rules and Regulations applicable. A. Local exhaust ventilation systems required to control air contaminants shall be designed, installed, maintained and operated to meet the minimum requirements in the tables in Part VII of the Rules and Regulations set forth in Part 3 of Appendix 1 of this Title 11, unless specified otherwise elsewhere, or unless otherwise approved in writing by the director. B. Such systems shall be desigriated so contaminants are not brought to the workers' breathing zones on their way to the exhaust hood. C. Rooms of areas in which such systems are installed shall be provided with properly located air inlets to provide as much make-up air as is exhausted. D. Air from local exhaust ventilation systems shall not be recirculated if the contamination is a toxic substance. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1173, 1959.) 11.22.760 Design, operation and maintenance. All ventilation systems required by this Division 1 shall be provided in accordance with design requirements set forth in this Division 1 relative to the contaminant or hazard involved, and shall be operated and maintained to produce the required health protection; and such general ventilation shall be provided as may be necessary to ventilate all portions of all places of employment. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1174, 1959.) Part 8 SURFACE COATING PROCESS VENTILATION SYSTEMS 11.22.770 Conventional air spraying--Specifications generally. A. For spray booths at which the operator remains outside the booth, the minimum face velocity shall be 150 fpm and the minimum air flow into the booth shall be at a rate of 150 cfm per square foot of open booth face. B. For booths where the operator and work are located within the booth, the mini;, gum face velocity shall be 100 fpm and the minimum flow rate 100 cfm per square foot of open booth face. C. Where spraying is done over a downdraft ventilation system, the minimum control velocity shall be 100 fpm. D. The size of the grill shall be larger than the object being sprayed, and the entire object being sprayed shall rest over the grill area. E. Workers engaged in spraying out of doors shall be provided with and required to wear approved respiratory protective devices. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1175, 1959.) 11.22.780 Spray booth design. http://search.municode.com/htmU16274/ DATA/'I'ITLEll/Chapter_ll_22_INDUSTRIA... 11/12/2010 Chapter 11.22 INDUSTRIAL ESTABLISAMENTS* Page 16 of 19 Spray booths shall be of a size and design to adequately protect workers within and outside thereof against unnecessary exposure to such material, and all items being sprayed shall be placed far enough within and otherwise be so located in the booth to effectively remove vapor and overspray. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1181, 1959.) 11.22.790 Exhaust systems. A. The fan shall have suffcient capacity to exhaust the necessary volume of air to meet requirements of this Division 1 against a static pressure equivalent to all resistances to be overcome in operating the unit. B. The ducts shall be designed for a velocity of not less than 1,500 fpm and not more than 2,200 fpm, except formetalizing booths, where the velocity shall not be less than 3,000 fpm. C. The discharge from the ventilation system shall extend to at least two feet above the roof level and be so directed as to not cause vapors or fumes to enter the work area. D. Baffles or filters shall be installed in the booth as may be necessary to provide proper and effective air distribution. E. Provision shall be made for admitting a supply of air to a room in which an exhaust system is located that is-equal or slightly greater than that amount being exhausted. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1182, 1959.) 11.22.800 Electrostatic spraying. A. For air-atomized electrostatic spray booths, the minimum face velocity shall be 100 fpm and the volume of air exhausted shall be 100 cfm per square foot of face opening or of grill area in the case of a downdraft exhaust system. B. The minimum inlet ventilation-air velocity for airless atomized electrostatic spray booths shall be 75 fpm, and the volume of such air shall be 75 cfm per square foot of face opening or of grill area for a downdraft exhaust system. C. Use of portable electrostatic spray guns in a building shall be only in a booth or area provided with local exhaust ventilation providing a minimum capture velocity of 75 fpm of the point of use. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1176, 1959.) 11.22.810 Airless spraying. A. Spray booths in which airless spray units are used shall have a minimum face velocity of 100 fpm and a minimum flow rate of 100 cfm per square foot of open booth face. B. Use of portable electrostatic spray guns in a building shall be only in a booth area provided with local exhaust ventilation providing a minimum capture velocity of 100 fpm at the point where such spray unit is used. (Ord. 8588 § 9 (part), 1964: Ord: 7583 Part 3 Ch. 16 § 1177, 1959.) 11.22.820 Metal spraying--Additional protective equipment required when. A. Spraying with highly toxic metals such as lead, beryllium, low-tin babbit and cadmium shall be done only within a suitable spray booth. Both the material being sprayed and the workers doing the spraying shall be positioned within the booth to minimize worker exposure to such materials. Metals with a toxicity comparable to zinc, bronze or copper may be sprayed in a suitable spray booth or hood. Nontoxic materials need not be sprayed in a booth or under a hood except as to maintain reasonably proper working condition. B. Spray booths. and hoods used for metal spraying shall have a minimum face velocity of 200 fpm and a minimum flow rate of 200 cfm per square foot of open booth face. C. Workers involved in spraying either highly toxic materials or toxic materials for such periods as may produce a health hazard shall be supplied with and required to wear Bureau of Mines- approved supplied-air respirators, and required to wear adequate protective clothing and gloves. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1179, 1959.) 11.22.830 Flow coating. http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_22_INDUSTRIA... 11/12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* Page 17 of 19 Flow coating operations shall he done within an enclosure, with a minimum face velocity of 100 fpm and a minimum flow rate of 100 cfm per square foot of open face. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1178, 1959.) 91.22.840 Dip tanks. A. All dip tanks, or the room in which the tank is located, shall be equipped with a mechanical exhaust ventilation. B. Dip tanks which are equipped with local exhaust ventilation shall exhaust air at the rate of 100 cfm per square foot of tank area. C. Where general ventilation is used, there shall be a minimum of 12 air changes per hour, ventilating all occupied areas of the room. D. Where paint-dipped parts are air dried and local exhaust ventilation is not provided, general ventilation shall be provided and the minimum quantity of air exhausted shall be as required by recognized national standards, as stated in the Rules and Regulations. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1180, 1959.) Part 9 VAPOR DEGREASERS USING CHLORINATED SOLVENTS. 11.22.850 Location. A. Degreasing tanks with an open surface area in excess of 600 square inches shall be located in a room with a volume of at least 8,000 cubic feet, or the room or degreasing tank shall be provided with mechanical exhaust ventilation. B. Tanks shall be located so that drafts from nearby doors, spray booths, other ventilated equipment, windows and moving equipment will not disturb the solvent vapors. Where there are extreme drafts across the degreaser, the tank shall be baffled in a manner which will eliminate suchcross-drafts. _ ......._ ..__ _. C. The tank shall be located at least Z5 feet from an open flame, electric arcs or red-hot metals. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1183, 1959.) 11.22.860 Design. A. Work baskets, racks and the method of handling materials shall be such as to minimize dragout of liquid or vapor solvent. Racks or slings shall not be constructed of porous materials, such as wood or rope. B. Vertical speed of hoist movement shall not exceed 11 feet per minute. C. The freeboard shall be at least one-half the tank width. All tanks which are used only intermittently or occasionally shall be provided with a sliding or rolling cover. D. Both boiling solvent and vapor zones shall be thermostatically controlled, with manual reset for the heat supply. E. Where low-flashpoint contaminants are being removed by vapor degreasing, the thermostat shall beset with due regard to the flashpoint characteristics of the contaminant-solvent mixture. F. The thermostat in the freeboard area shall be set at a maximum of 165 degrees Fahrenheit for trichloroethylene and 230 degrees Fahrenheit for perchloroethylene. G. Degreasers shall be equipped with an adequate condenser system to control the vapor level. H. The condenser system shall be regulated so as to provide an outlet water temperature of not less than 100 degrees Fahrenheit or more than 130 degrees Fahrenheit. I. A water separator shall be installed in machines having an open surface area greater than 300 square inches. J. Gas-heated combustion chambers shall be vented to the outside atmosphere. K. A back-draft diverter shall be installed on the vent pipe to insure a positive draft. L. There shall be a sump drain at the lowest point of the tank for solvent and sludge removal. M. Where equipment is of sufficient size to require entrance of personnel for cleaning, a side cleanout door shall be provided for the purpose of scraping out sludge. (Ord. 8588 § 9 (part), http://search.municode.com/htmU16274/_DATA/'TITLEl l/Chapter_l l_22 INDUSTRIA... 11 /12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* 1964: Ord. 7583 Part 3 Ch. 16 § 1184, 1959.) 11.22.870 Operation. Page 18 of 19 A. Clear, concise, step-by-step instructions for proper operation of the degreaser shall be placed in a conspicuous location on or near the degreaser. B. All degreaser operators shall be taught to operate equipment according to proper operating instructions. C. Only the solvent for which the unit is designed shall be used. D. Solvent must have an inhibitor to prevent decomposition due to high temperature, light, or catalytic agents. E. The level of the. boiling solvent shall never be allowed to drop below the top of the heating surfaces: F. Work shall be held in the vapor zone until it has reached the vapor temperature as evidenced by the stopping of condensation. G. The spray nozzle shall be kept well below the vapor level zone at all times during use of spray. H. Covers shall be closed when a degreaser is not in use, whether the machine is cold or in a standby condition. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1185, 1959.) 11.22.880 Welding prohibited where.. _ _ . _ . Welding shall not be attempted on or near any part of a degreaser until all solvent liquid has been removed and the machine thoroughly ventilated. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1188, 1959.) 11.22.890 Ventilation. A. Local exhaust ventilation shall be provided on tanks which are wider than 3.5 feet and on any other tank where the design, method of operation or location results in workers being exposed to more than the threshold limit value. B. Where exhaust ventilation is used, aslot-type exhaust shall be installed. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1189, 1959.) 11.22.900 Local mechanical exhaust required when. Where general exhaust ventilation does not adequately remove noxious solvent vapors, local mechanical exhaust shall be provided. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 11.90, 1959.) 11.22.910 Tank cleaning operations. A. When temperature of the boiling liquid reaches 195 degrees Fahrenheit for trichloroethylene and 250 degrees Fahrenheit for perchloroethylene, the employer shall clean out the degreaser. B. Tank cleaning operations shall be done during periods when a minimum number of employees are in the area. C. Tanks should not be entered unless absolutely necessary. If entry is necessary, the following steps shall be taken: 1. Remove all solvent from the tank; 2. Remove all sludge after it has cooled to below 180 degrees Fahrenheit; 3. Aerate the tank to remove residual solvent. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1186, 1959.) 11.22.920 Pit maintenance. A. The pit shall be aerated for a long enough period to insure safe conditions before entering. http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter 11_22 INDUSTRIA... 11/12/2010 Chapter 11.22 INDUSTRIAL ESTABLISHMENTS* Page 19 of 19 B. Positive ventilation shall be provided while the man is in the pit. (Ord. 8588 § 9 (part), 1964: Ord. 7583 Part 3 Ch. 16 § 1187, 1959.) «previous ~ next» http://search.municode.com/htrnU16274/ DATA/TITLEll/Chapter_ll_22 INDUSTRIA... 1 111 2/2 0 1 0 Chapter 11.24* INSTITUTIONS Title 11 HEALTH AND SAFETY Chapter 19.24* INSTITUTIONS Part 1 GENERAL REGULATIONS 11 24 010 Applicable provisions desianated--Interpretation of language. 11.24.020 Definitions. 11 24.030 Reaistry required--Contents--Inspection authority. '11.24.040 Communicable disease control measures. 11.24.050 Isolation room required. 11.24.060 Sleeping quarters. 11.24.070 Linen and bedding. 11 24 080 Protection from heaters and fireplaces. 11.24.090 Play yards and equipment. 11 24 100 Drugs and poisons--Proper storage. 11 24 110 Milk supply--Approval of source. 11 24 120 Emolovees' quarters--Applicable regulations designated 11 24 130 Emolovees and owners-Cleanliness required-Smoking prohibited when 11 24 140 Kitchens--Sink requirements. 11 24.150 Kitchens--Mechanical dishwasher required when. 11.24.160 Kitchens--Sanitation of utensils. 11 24.170 Kitchen workers--Health and food handling restrictions. 11.24.180 Kitchens--Toilet facilities required. 11.24 190 Sewage disposal. Part 2 DAY NURSERIES DAY SCHOOLS AND PAROCHIAL SCHOOLS 11.24.200 Toilet facilities--Additional requirements. 11.24.210 Rest and play area-Standards. 11 24 220 Classrooms--Regulations applicable. Page 1 of 10 http://search.municode.com/htmU16274/ DATA/'I'ITLEll/Chapter 11_24 INSTITUTL.. 11/12/2010 Chapter 11.24* INSTITUTIONS 11.24 230 Classrooms-Floors, walls and ceilings. 11.24.240 Classrooms--Size and ventilation. 11.24.250 Classrooms-Heating. 11.24.260 Classrooms--Window area. 11.24.270 Classrooms--Illumination. 11.24.280 Classrooms--Seats and desks. 11.24.290 Classrooms--Toilet facilities. Part 3 PRIVATE BOARDING SCHOOLS AND CHILDREN'S BOARDING HOMES 1124.300 Additional regulations applicable. 11 24.310 Sleeping room restrictions. 11.24 320 Sleeping quarters--Area--Double-deck beds prohibited. 11.24.330 Drinking facilities. 11 24 340 Toilet articles--Storage facilities. 11.24.350 Toilet facilities--Construction and sanitation. 11 24 360 Toilet facilities--Number and kind required. Part 4 HOMES FOR THE AGED AND MENTAL INSTITUTIONS 11.24.370 Additional regulations applicable. 11 24 380 Sleepino quarters--Area per person in institutions existing before September 1959. 11 24 390 Sleeping quarters--Current area-per-person requirements. 11 24 400 Storage areas for patients' belongings. 11.24.410 Patients' utensils--Sanitation. 11.24.420 Toilet facilities. 11 24.430 Emergency lighting. * Editor's note: For provisions on the institutional inspection commission, see Ch. 2.82 of this code. Part 1 GENERAL REGULATIONS Page 2 of 10 http://search.municode.com/html/16274/. DATA/'I'ITLEll/Chapter_ll_24_INSTITUTL.. 11/12/2010 Chapter 11.24* INSTITUTIONS Page 3 of 10 11.24.010 Applicable provisions designated--Interpretation of language. A. Institutions shall comply with the provisions of this chapter, and Chapters 11.14, 11.16, 11.30, 11.32, and Sections 11.02.150, 11.02.180 through 11.02.200, 11.02.280, 11.02.300, 11.20.020 and 11.20.170 and other sections of this Division 1, except Chapter 11.04 and Part 1 of Chapter 11.02, as specifically mentioned herein. B: For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended. (Ord. 2007-0089 § 96, 2007: Ord. 2004-0019 § 3, 2004: Ord. 8614 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 850, 1959.) 11.24.020 Definitions. A. "Children's boarding homes' means any institution providing room and board for the reception and care of one dr more children below the age of 18 years, regardless of sex, unrelated to caretaker, in absence of parents or guardian, with or without compensation, but shall not include children's camps, as defined in Chapter 11.08. B. "Day nursery" or "day nursery school" means any establishment providing day or hourly care for children between the ages of two years, and four years and nine months; inclusive, but, shall not include any day nursery or day nursery school maintained by any public school or the federal government. If day care is also provided for children more than four years and nine months of age, but not providing a course of training similar to that given in any grade of public school, the establishment shall be considered as a day nursery or a day nursery school. C. "Home for the aged" means any institution, boarding home or other place for the reception or care of one or more aged persons 65 years of age or older, except any hospital as defined in Section 1401 of the California State Health and Safety Code. D. Where the word "institution" is used alone ih this Division 1, except for Chapter 11.04 and Part 1 of Chapter 11.04, it means and includes homes for the aged, mental institutions, private or parochial day schools or colleges, day nurseries, day nursery schools, private or parochial boarding schools or colleges, and children's boarding homes, but shall not include any institution or establishment maintained by any governmental-agency. E. "Mental institution" means any hospital, sanitarium or other place receiving or caring for one or more insane, allegedly insane, mentally ill, mentally retarded, alcoholic, epileptic or mentally incompetent persons, but shall not include any institution or establishment maintained by any federal or governmental agency. F. "Private or parochial boarding school" means any institution providing room and board and giving a course of training similar to that given in any grade of public school or college; but shall not include any establishment-maintained by a public school or college, nor shall it include children's camps, as defined in Chapter 11.08. G. "Private or parochial day school" means any establishment providing a course of training similar to that given in any grade of public school or college, but shall not include any establishment maintained by any public school, nor shall it include children's camps, as defned in Chapter 11.08. (Ord. 7583 Part 3 Ch. 12 §§ 851--857, 1959.) 11.24.030 Registry required--Contents--Inspection authority. _.. _ _ _. _ Every institution where children are kept shall maintain a registry, which shall show the name and birth date of each child and the name and address of the parents of persons having legal custody of such child, and shall be open to the inspection of the director. (Ord. 7583 Part 3 Ch. 12 § 859, 1959.) 11.24.040 Communicable disease control measures. A. Whenever, because of an unusually-high incidence of communicable disease in the community, the directordeems it necessary, he may order that each child, before enrolling in a private school, private boarding school, day nursery, day nursery school and children's boarding home, be inspected for signs of communicable disease. Such inspections shall be made by and http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_24 INSTITUTL.. 11/12/2010 Chapter 11.24* INSTITUTIONS Page 4 of 10 certified to, in writing, within 24 hours of enrollment, by a physician in good professional standing or by the director, and must reveal that such child showed no signs of communicable disease which would cause the child's association with other children to be in any way detrimental to their health. B. Every child, upon returning after an illness of more than three days to a private school, private boarding school, day nursery, day nursery school or children's boarding home, shall present a certificate, signed by a physician in good professional standing or, other practitioner authorized or permitted by law to practice in this state, or by the director, stating that personal inspection of said child within 24 hours immediately preceding had revealed no signs of a communicable disease which would cause the child's association with other children to be in any way detrimental to their health. Daily, on admission, each child shall be inspected for suspicious signs of communicable disease, and if a child is under six years of age, such inspection shall be made before the child mingles with others: It shall be the duty of the principal, or other person in charge of any of the institutions referred to in this section, immediately to isolate any child or other person affected with an illness presumably communicable, and immediately make arrangements for his care in isolation quarters or exclusion from the institutions as required by the director. Whenever required by Section 120250 of the Health and Safety Code, the department of public health shall be notified that such child has been isolated or excluded, pending presentation of a readmission certificate: If the attending physician, school physician, or the director finds, upon examination, that the child is not suffering from a communicable disease, he may submit a certificate to this effect to the school authority, who shall readmit the person. (Section 2526, Title 17, California Code of Regulations.) C. If upon examination the child is found to be suffering from a communicable disease which, according to State Health Department regulations is subject to strict isolation or quarantine of contacts, Section 120545 of the California Health and Safety Code shall apply. "No instructor, pupil or child who resides where any contagious, infectious, or communicable disease exists or ,has recently existed, which is subject to strict isolation or quarantine of contacts, shall be permitted by any superintendent, principal, or teacher of any college seminary or public or private school to attend the college, seminary, or school, except by the written permission of the Health Officer." If upon examination the child is found to be suffering from a communicable disease other than one requiring strict isolation or quarantine, the readmission certificate or permit may be signed by the attending physician, school physician or director of public health. (Ord. 2006-0040 § 97, 2006: Ord. 7583 Part 3 Ch. 12 § 868, 1959.) 11.24.050 Isolation room required. Every institution shall have a separate; approved room or rooms available for isolation purposes. (Ord. 7583 Part 3 Ch. 12 § 869, 1959.) 11.24.060 Sleeping quarters. In homes for the aged, mental institutions, private boarding schools and children's boarding homes, sleeping rooms shall have a ceiling height of not less than eight feet, beds shall be kept at least three feet apart, the window areas shall be as required by the Building Code for new structures of that occupancy, and all rooms shall be well lighted and ventilated to the outside air, with at least one-half the required window area openable; provided, however, that such window area need not be openable if an approved air-conditioning system is provided. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 872, 1959.) 11.24.070 Linen and bedding. All institutions wherein beds are used shall provide an adequate amount of clean bedding, and springs and mattresses in good repair. All such beds, springs and mattresses shall be maintained in a sanitary condition and, after being used by one person, shall be thoroughly cleaned before being used by another person. Institutions shall provide an adequate amount of washcloths, hand and bath towels, and other linen necessary to properly care for the persons therein. (Ord. 7583 Part 3 Ch. 12 § 870, 1959.) http://search.municode.com/htmU16274i DATA/'I'ITLEll/Chapter_l1_24 INSTITUTL.. 11/12/2010 Chapter 11.24* INSTITUTIONS Page 5 of 10 11.24.080 Protection from heaters and fireplaces. All gas or oil heaters shall comply with the provisions of Section 11.20.210, 11.20.220 and 11.20.230 of this Division 1. An effective barrier or protection shall be provided for each heater or fireplace to prevent injury to persons using such heaters or fireplaces. (Ord. 7583 Part 3 Ch. 12 § 867, 1959.) 11.24.090 Play yards and equipment. All play equipment shall be maintained in a safe condition and in a state of good repair; and shall be securely installed. Play yards shall be properly drained, of an even surface, and free from all rubbish and refuse. (Ord. 7583 Part 3 Ch. 12 § 866, 1959.) 11.24.100 Drugs and poisons--Proper storage. All poisons and drugs in an institution shall be kept in locked cupboards or stored in a safe manner approved by the department of public health. (Ord. 2006-0040 § 98, 2006: Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 879, 1959.) 11.24.110 Milk supply--Approval of source. All milk used or served in an institution shall be pasteurized and shall be from a source approved by the director, except that certified milk may be used where not prohibited by state law or state regulations. (Ord. 7583 Part 3 Ch. 12 § 863, 1959.) 11.24.120 Employees' quarters--Applicable regulations designated. Employees' quarters shall be maintained in a clean sanitary condition, and shall comply with the provisions of Sections 11.20.050, 11.20.090, 11.20.140, 11.20.160, 11.20.170, 11.20.190, 11.20.210 through 11.20.240, 11.20.280 through 11.20.310, 11.20.330 and 11.24.010. One toilet, one lavatory, and one bath or shower for each 10 employees or fraction thereof, of each sex shall be maintained in such employees' quarters. (Ord. 2007-0089 § 97, 2007: Ord.2004-0019 § 4, 2004: Ord. 7583 Part 3 Ch. 12 § 865, 1959.) 11.24.130 Employees and owners--Cleanliness required--Smoking prohibited when. All employees and owners, while engaged in the preparation or serving of food in an institution, shall wear clean outer garments, shall keep their hands clean, and shall not expectorate or use tobacco, in any form, while so engaged. (Ord. 7583 Part 3 Ch. 12 § 871, 1959.) 11.24.140 Kitchens--Sink requirements. Any institution that prepares and serves food shall be provided with at least one two- compartmentsink in the kitchen, and such kitchen shall comply with the provisions of Sections 11.12.010, 11.12.030, 11.12.040, 11.12.090 through 11.12.120, 11.12.160, 11.12.180 through 11.12.210, 11.12.230, 11.12.240, 11.12.260, 11.12.270, 11.12.300 and 11.12.320 of this Division 1. (Ord. 7583 Part 3 Ch. 12 § 860, 1959.) 11.24.150 Kitchens--Mechanical dishwasher required when. Every home for the aged, mental institution, private boarding school and children's boarding home caring for more than 15 persons or children, or any day nursery school having more than http:(/search.municode.com/html/16274/ DATA/TITLEll/Chapter_ll_24_INSTITUTL.. 11/12/2010 Chapter 11.24* INSTITUTIONS Page 6 of 10 20 children and serving at least one meal a day, shall be provided with an approved mechanical dishwasher. (Ord. 7583 Part 3 Ch. 12 § 862, 1959.) 11.24.160 Kitchens--Sanitation of utensils. All dishes, glasses and other utensils used in the preparation and serving of food shall be free from cracks and chips. All eating and drinking utensils, except single-service, shall be thoroughly cleaned and then effectively subjected to sanitization in an approved dishwashing machine providing 180 degree Fahrenheit hot rinse water, in accordance with the manufacturer's instructions and the standards of the National Sanitation Foundation. (Ord. 2006-0040 § 99, 2006: Ord. 7583 Part 3 Ch. 12 § 861, 1959.) 11.24.170 Kitchen workers--Health and food handling restrictions. It is unlawful for any person who is afflicted with an infection or contagious disease to work in a kitchen, or to prepare, serve or handle food. (Ord. 7583 Part 3 Ch. 12 § 858, 1959.) 11.24.180 Kitchens--Toilet facilities required. Every kitchen shall be provided with a conveniently located toilet and lavatory for the use of kitchen workers. No toilet room shall open directly into any room where food is prepared, stared or served. Such toilets shall comply with the provisions of Section 11.20.190 of this Division 1. (Ord. 7583 Part 3 Ch. 12 § 864, 1959.) 11.24.190 Sewage disposal. A. Sewage disposal systems shall be maintained in an efficient and sanitary manner. Sewage shall be discharged either into sanitary sewers or into approved private sewage disposal systems. B. All institutions installing new private sewage disposal systems shall install approved treatment plants or septic tanks. The effluents of such septic tanks shall discharge into seepage pits or subsurface leaching lines of adequate capacity to prevent insanitary conditions. (Ord. 7583 Part 3 Ch. 12 § 878, 1959.) Part 2 DAY NURSERIES, DAY SCHOOLS AND PAROCHIAL SCHOOLS 11.24.200 Toilet #acilities--Additional requirements. In addition to the provisions of Part 1 of this chapter, day nurseries and day nursery schools shall comply with the following provisions: A. On each floor of every day nursery and day nursery school building, any part of which is used for the care of children between the age of two years and the age of four years and nine months, there shall be provided one water flush toilet for the first 14 children or fractional part thereof, and one lavatory for the first 14 children or fractional part thereof. An additional toilet and lavatory shall be provided for every 10 children or fraction thereof above 14. Toilets and lavatories shall be of suitable height and size as to be reached easily by the children. Adjustable steps for young children shall be available, B. There shall be provided one conveniently located toilet and hand-washing facility, separate from the general-use toilets, for isolation, staff and emergency use. Toilet facilities shall comply with the provisions of Section 11.20.190 of this Division 1. (Ord. 7583 Part 3 Ch. 12 § 875, 1959.) 11..24.210 Rest and play area--Standards. http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter 11_24 INSTITUTL.. 11/12/2010 Chapter 11.24* INSTITUTIONS Page 7 of 10 In addition to the provisions of Part 1 of this chapter, private day schools, day nurseries, day nursery schools and children's boarding homes shall comply with other sections of this Division 1 pertaining specifically thereto, and with the following provision: Any room or rooms in any building of a private day school, day nursery, day nursery school or children's boarding home used for daytime rest period or day play area shall not have less than 35 square feet of superficial floor area for each child. Such roams shall have a ceiling height of not less than eight feet and, shall be well lighted and ventilated to the outside air. Windows shall be not less than one-eighth of the superficial floor area and shall be one-half openable. (Ord. 7583 Part 3 Ch. 12 § 876, 1959.) 11.24.220 Classrooms--Regulations applicable. The classrooms in private day schools, private boarding schools, day nurseries and day nursery schools shall comply with the provisions of Sections 11.24.230 through 11.24.300. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 877 (part), 1959.) 11.24.230 Classrooms--Floors, walls and ceilings. The floors, walls and ceilings shall be kept clean. The walls of every classroom shall be so treated and maintained that the reflector factor is not more than 80 percent nor less than 40 percent. The ceilings of every classroom shall be so treated and maintained that the reflection factor is not more than 80 percent nor less than 60 percent. (Ord: 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 877 (a), 1959.) 11.24.240 Classrooms--Size and ventilation. Every classroom shall have good ventilation. Every classroom shall have a ceiling height of not less than eight feet. The occupant load of each classroom shall be in conformance with the requirements of the Building Code and the County Fire Code. (See Titles 26 and 32 of this code.) (Ord. 8588 § 1 (part), 1964: Ord. 7624 § 1, 1959: Ord. 7583 Part 3 Ch. 12 § 877 (c), 1959.) 11.24.250 Classrooms--Heating. _ - Classrooms shall be properly heated when in use. The temperature shall be sufficient for the maintenance of health and comfort of the pupils, and shall in no case be below 68 degrees Fahrenheit, measured at a height of two feet above the floor. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 877 (b), 1959.) 11.24.260 Classrooms--Window area. In every classroom of a private day school or private boarding school constructed, or any room converted into a classroom, the window area shall be not less than one-eighth of the floor area as required for new structures by the Building Code, and shall be one-half openable unless such school is completely air-conditioned. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 877 (e), 1959.) 11.24.270 Classrooms--Illumination. Classrooms shall be so illuminated when in use that: - - - - - A. There is not less than 30 to 50 footlamberts of illumination in every part of the classroom, measured 30 inches above the floor;. B. There is no direct glare; C. Indirect glare is reduced to a minimum. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 877 (d), 1959.) http://search.municode.com/html/16274/ DATA/TITLEll/Chapter 11_24_INSTITUTL.. 11/12/2010 Chapter 11.24* INSTITUTIONS 11.24.280 Classrooms--Seats and desks. Page 8 of 10 All seats and desks shall be maintained in good repair. All seats shall have backrests. Seats shall be of such height that any pupil sitting therein in a normal position can comfortably rest his feet upon the floor. Seats shall be so placed that no pupil, when sitting in a normal position in any one of them, shall face a window: (Ord. 8588 § 1 (part),1964: Otd. 7583 Part 3 Ch. 12 § 877 (f), 1959.) 11.24.290 Classrooms--Toilet facilities. In each building of a private day school containing one or more classrooms on each floor, the toilet facilities shall be as provided by the Building Code. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 877(g) 1959.) Part 3 PRIVATE BOARDING SCHOOLS AND CHILDREN'S BOARDING HOMES 11.24.300 Additional regulations applicable. In addition to the provisions of Part 1 of this chapter, private boarding schools and children's boarding homes shall comply with the provisions set out in this Part 3. (Ord, 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 874 (part), 1959.) 11.24.310 Sleeping room restrictions. No person providing overnight care in a private boarding school or in a children's boarding home shall cause, permit or suffer any child to steep in any room except a room used exclusively for sleeping purposes. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 874 (e), 1959.) 11.24.320 Sleeping quarters--Area--Double-deck beds prohibited. Where a private room is provided for one child, there shall be not less than 80 square feet of superricial floor area. Where a dormitory or semiprivate room is occupied by more thari one child, there shall be provided not less than 60 square feet of superricial floor area for each such child. No double-deck beds shall be installed or used. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 874 (a), 1959.) 11.24.330 Drinking facilities. Drinking facilities shall be available on each floor. When drinking facilities other than drinking fountain are provided, individual drinking cups shall be available. When drinking fountains are used, approved angle-jet drinking fountains shall be provided. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 874 (c), 1959.) 1,1..24.340 Toilet articles--Storage facilities. All children in a private boarding school and children's boarding home shall be provided with an individual cup, comb, toothbrush, towel and washrag. These articles shall be maintained in a clean and sanitary condition at all times. Facilities shall be provided for the keeping or storage of each child's personal effects and belongings. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 874 (f), 1959.) 17.24.350 Toilet facilities--Construction and sanitation. http://search.muni code. com/htmU 16274/_DATA/TITLE l l/Chapter_l l _24 IN STITUTL.. 11 / 12/2010 Chapter 11.24* INSTITUTIONS Page 9 of 10 In each building of a private boarding school containing one or more classrooms on each floor, the toilet facilities shall be as required by the Building Code. Such toilet facilities shall comply with the provisions of Section 11.20.190 of this Division 1. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 874 (d), 1959.) 11.24.360 Toilet facilities--Number and kind required. A. On each floor of every private boarding school or children's boarding home which is used for sleeping purposes for children up to the age of 16 years, there shall be provided for each 10 children or fractional part thereof, for each sex, conveniently located for the use of such children, not less than: 1. One water closet; 2. One bathtub or shower; 3. Two lavatories; 4. When there are 20 or more boys cared for, the director may require one or more urinals. B. Such toilet facilities shall comply with the provisions of Section 11.20.190 for children below six years of age, separate facilities for each sex shall not be required. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 874 (b), 1959.) Part 4 HOMES FOR THE AGED AND MENTAL INSTITUTIONS 11.24.370 Additional regulations applicable. In addition to the provisions of Part 1 of this chapter, homes forthe aged and mental institutions shall comply with the provisions set out in this Part 4. (Ord. 7583 Part 3 Ch. 12 § 873 (part), 1959.) 11.24.380 Sleeping quarters--Area per person in institutions existing before September, 1959. No person shall be kept, cared for, or maintained as a boarder or patient in any sleeping room existing as of September 25, 1.959, which has less than 80 square feet of superficial floor area. Where a ward or semiprivate room is occupied by more than one person, there shall be provided not less than 60 square feet of superficial floor area for each person. (Ord. 7583 Part 3 Ch. 12 § 873 (a), 1959.) 11.24.390 Sleeping quarters--Current area-per-person requirements. No person shall be kept, cared for or maintained as a border or patient in any sleeping room which has less than 100 square feet of superficial floor area. When two or more persons are kept in any sleeping room, not less than 70 square feet of superficial floor area for each person shall be required. (Ord. 7583 Part 3 Ch. 12 § 873 (b), 1959.) 11.24.400 Storage areas for patients' belongings. Each bedroom, or bed in a ward shall be provided with a table or similar facility for the keeping of personal belongings of each individual inmate. Sufficient additional storage facilities shall be provided for the reasonably safekeeping of articles or personal belongings which are not in daily use. (Ord. 7583 Part 3 Ch. 12 § 873 (c), 1959.) 11.24.410 Patients' utensils--Sanitation. All bedpans; washbasins, mouthwash cups and other utensils used by patients and inmates shall http://search.municode.com/html/16274/ DATA/TITLEll/Chapter 11_24_INSTITLPI'L.. 11/12/2010 Chapter 11.24* INSTITUTIONS Page 10 of 10 be free from cracks or chips. Bedpans used individually shall be properly stored, marked and thoroughly cleaned after each use. Bedpans not individually used shall be sterilized after each use by boiling in water for 30 minutes, or autoclaved (15 pounds pressure for 30 minutes). All bedpans and urinals shall be sterilized once a week by boiling in water for 30 minutes, or autoclaved (15 pounds pressure for 20 minutes). (Ord. 7583 Part 3 Ch. 12 § 873 (d), 1959.) 11.24.420 Toilet facilities. A. Utility Rooms. Utility rooms of adequate size shall be provided for any home for the aged or mental institution which has bed patients. Such rooms shall be provided with a bedpan hopper or its equivalent. Bathtubs, lavatories and laundry trays shall not be used for the cleaning of bedpans. B. Water Closets and Lavatories. Where seven or more ambulatory or semiambulatory patients or aged boarders are cared for or housed, there shall be provided at least one water closet and one lavatory far each seven patients, or fractional part thereof, of each sex, within the building. Where there are less than seven ambulatory or semiambulatory patients or aged boarders, there shall be one water closet and one lavatory, regardless of sex. C. Baths and Showers. Where there are 10 or more ambulatory or semiambulatory patients or aged boarders cared for or housed, there shall be provided at least one bath or one shower for .each 10 patients, or fractional part thereof, of each sex, within the building. Where there are less than 10 ambulatory or semiambulatory patients, or aged boarders, there shall be at least one bath or one shower, regardless of sex. D. Such toilet rooms, baths and showers shall comply with the provisions of Section 11.20.190 of this Division 1. (Ord. 7583 Part 3 Ch. 12 § 873 (e),-195x.) -- - 11.24.430 Emergency lighting. Adequate emergency lighting facilities shall be provided and distributed so as to be readily available to the personnel on duty. An open-flame light shall not be used at any time. (Ord. 7583 Part 3 Ch. 12 § 873 (f), 1959) «orevious ~ next» http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_24 INSTITUTL.. 11/12/2010 Chapter 11.26 LAUNDRIES Title 11 HEALTH AND SAFETY Chapter 11.26 LAUNDRIES 11 26 010 Location construction and installation of eauioment. 11 26 020 Sanitation requirements. 11 26.030 Separation of clean and soiled articles. 11 26 040 Laundry vehicles--Lettering--Separation of clean and soiled articles. 11:26.010 Location, construction and installation of equipment. A. All laundries shall be in a building. The floors shall be constructed of smooth, nonabsorbent, durable materials sloped to drains, except when the type of equipment or method of operation prevents or avoids splashing to the floor, drains and sloped floors shall not be required. All walls and ceilings shall be constructed of smooth material. All floors, walls and ceilings shall be kept clean and in good repair. Adequate rooms or space shall be provided for each sex for the changing and storing of their clothing. B: Washing machines shall be installed in such a manner that the area under and around the machines may be kept clean and in good repair. C. Every self-service laundry shall post and maintain in a conspicuous place a sign giving the name, address and telephone number of the owner or other responsible person who can be contacted in case of equipment breakdown or other emergency. D. All laundries shall provide drinking fountains convenient to the employees. (Ord. 8588 § 8 (part), 1964: Ord. 7583 Part 3 Ch. 15 § 1070, 1959.). 11.26.020 Sanitation requirements. Page 1 oft A. Lint-collection devices shall be installed and maintained on all dryers or other equipment that creates dust or lint. B. When required by the director, laundry machines shall be subjected to a batericidal treatment between uses for laundry from different families. C. Water at a temperature of at least 140 degrees Fahrenheit shall be available at all washing machines. Thermometers in good working ordershall be installed and maintained on all water heaters and shall be readily accessible for reading. D. All containers provided for customer use, and intended for handling soiled laundry, shall be plainly marked "FOR SOILED LAUNDRY ONLY." All containers intended for clean laundry shall be plainly marked "FOR CLEAN LAUNDRY." (Ord. 8588 § 8 (part), 1964: Ord. 7583 Part 3 Ch. 15 § 1071, 1959.) 11.26.030 Separation of clean and soiled articles. A. Separate areas and equipment shall be provided, maintained and used for the reception, sorting, counting and marking of soiled laundry so that such laundry shall not come into contact with or in the immediate proximity of laundered or washed articles, or equipment used for storing or handling laundered articles. B. Articles to be laundered, originating from any place or source where they have been or may have been exposed to any communicable or infectious disease, shall not be received or handled in any public laundry, truck or establishment until such articles have frst been either boiled or disinfected, or unless otherwise collected and handled in a manner approved by the director. C. No person shall handle any laundered articles in any insanitary manner. Linen supplies shall http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter 11_26 LAUNDRIE... 11/12/2010 Chapter 11.26 LAiJNDRIES Page 2 of Z . be securely wrapped or shall be conveyed from the delivery vehicle to the place of delivery in a compartment separate from sailed linen and otherwise protected from contamination. All other laundry such as finished laundry, wet wash or rough dry shall be handled in a sanitary manner. D. No person shall spray any clothing or other articles in any public laundry by means of water or other liquid substance ejected from the mouth. (Ord. 8588 § 8 (part), 1964: Ord. 7583 Part 3 Ch. 15 § 1072, 1959.) 11.26.040 Laundry vehicles--Lettering--Separation of clean and soiled articles. A. Every receiving or delivery wagon of any public laundry shall have plainly printed or painted on each side thereof, in lettering at least three inches high, the name or trade name of the laundry and the address where it is located. B. Every wagon or vehicle used for the collection or delivery of laundry which is not owned by the public laundry for which it is collecting, shall have on both sides thereof the name and address of the person owning such wagon or vehicle, in letters not less than three inches high. C. Clean articles shall be kept separate and apart from soiled articles in all vehicles which are used for laundry pickup and deliveries. (Ord. 8588 § 8 (part), 1964: Ord. 7583 Part 3 Ch. 15 § 1073, 1959.) « previous ~ next» http://seazch.municode:com/html/16274/_DATA/TITLEll/Chapter 11_26_LAIJNDRIE... 11/12/2010 Chapter 11.28 LEAD HAZARDS Page 1 of 2 Title 11 HEALTH AND SAFETY Chapter 11.28 LEAD HAZARDS 11.28.010 Definitions. 11.28.020 Health hazard to children--Order to remove authorized when. 11 28.030 Lead-bearina substances prohibited where. 11.28.040 Failure to comply with order to remove prohibited. 11.28.050 Lead-based paint--Sale and use prohibited when. 11.28.060- Elevated blood-lead level--Report requirements. 11,28.01D Definitions. A. "Child," for the purpose of Division 1 of this title as it relates to lead hazards, means any person who is under seven years of age. B. "Child care facility" means any structure or portion thereof used as a residence, school, nursery, day care center, clinic, treatment center or other facility catering to the needs of children, including any outbuilding, fencing or other structure used in conjunction therewith. C. "Dangerous levels of lead-bearing substances" means any paint, varnish, lacquer, putty, plaster, or similar coating or structural material which contains lead or its compounds in excess of seven-tenths (.7) of one. milligram per square centimeter, when measured by alead-detecting instrument approved by the director; or any substance, when measured by any scientifically accepted method, in a quantity determined by the director to constitute a hazard to children; or that level as determined in the most recent standards as established by the United States Department of Health, Education and Welfare, Public Health Service, Center for Disease Control. D. "Elevated blood-lead level" means a confirmed blood-lead level of 30 micrograms per deciliter or greater, or that level as determined in the most recent standards as established by the United States Department of Health, Education and Welfare, Public Health Service, Center for Disease Control E. "Lead hazard to children" means the presence of readily accessible, dangerous levels of lead- bearing substances on any toy, furniture, food utensil, household product, or the exterior or interior surfaces, fixtures or appurtenances of any dwelling, dwelling unit, child care facility, institution, hotel guest room, or any premises inhabited or frequented by children. F. "Readily accessible lead-bearing substance" means any dangerous levels oflead-bearing substances, as defined in subsection C of this section which, in the judgment of the director, is in a peeling, flaking or chipped condition, or located on or in a substance or surface from which it may be chewed, ingested or inhaled by children. (Ord. 12158 § 1 (part), 1980: Ora. 7583 Part 3 Ch. 17 §§ 1200--1204 and 1210, 1959.) 11.28.020 Health hazard to children--Order to remove authorized when. Where the director determines that the presence of alead-bearing substance upon any premises creates a health hazard to children, he shall issue an order to the property owner, or his agent or occupant, to eliminate the hazard. (Ord. 12158 § 1 (part), 1980: Ord. 7583 Part 3 Ch. 17 § 1205, 1959.) 11.28.030 Lead-bearing substances prohibited where. http://search.municode.com/html/16274/ DATA/TITLEll/Chapter_ll_28 LEAD HAZ... 11/12/2010 Chapter 11.28 LEAD HAZARDS Page 2 of 2 No person shall permit readily accessible, dangerous levels of leadbearing substances, as defined in subsections C and F of Section 11.28.010, to remain on any toy, furniture, food utensil, household product, or the exterior or interior surfaces, fixtures or appurtenances of any dwelling, dwelling unit, child care facility, institution, hotel guest room, or on any premises inhabited or frequented by children. (Ord. 12158 § 1 (part), 1980: Ord. 7583 Part 3 Ch. 17 § 1206, 1959.) 11.28.040 Failure to comply with order to remove prohibited. No person shall refuse or neglect to remove or reduce the hazard of readily accessible, dangerous levels of leadbearing substances, as defined in subsections C and F of Section 11.28.010, as ordered or directed by the director. (Ord. 12158 § 1 (part), 1980: Ord. 7583 Part 3 Ch. 17 § 1207, 1959.) 11.28.050 Lead-based paint--Sale and use prohibited when. No person shall sell, offer for sale, display for sale, hold for sale, give away, apply br cause to be applied any paint in excess of 0.06 percent lead by weight for use on interior or exterior surfaces, fixtures or appurtenances of any dwelling; dwelling unit, institution, hotel guest room, recreational facilities or equipment, furniture, cooking, eating or drinking utensils, or other household items. (Ord. 12158 § 1 (part), 1980: Ord. 7583 Part 3 Ch. 17 § 1208, 1959.) 11.28.060 Elevated blood-lead level--Report requirements. A. Physicians and Other Medical Personnel. It shall be the duty of every physician, practitioner, dentist, coroner, every superintendent or manager of a dispensary, hospital, clinic or laboratory, to notify the director promptly upon determining an elevated blood-lead level of 30 micrograms per deciliter or greater in any child under sevengears of age. B. Notification. Each notification shall give the date and result of the test performed; name of laboratory and type of blood test performed; the name, age and address of the child from whom the specimen was obtained; and the name and address of the physician for whom such examination or test was performed. (Ord. 12158 § 1 (part), 1980:-Ord. 7583 Part 3 Ch. 17 § 1209, 1959.) « previous. ~ next » http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_28 LEAD HAZ... 11/12/2010 Chapter 11.30 RODENT AND PEST CONTROL[23] Title 11 HEALTH AND SAFETY Chapter 11.30 RODENT AND PEST CONTROL[23] 11 30 010 Maintaining rodent or pest harborage conditions unlawful--Notice to abate 11 30 020 Rodentproofing--Structures housing food for human consumption. 11 30 030 Rodentproofing--Structures housing grain or other food products. 11 30 040 Notice to perform rodentproofing-Authorized when. 11 30.050 Rodentproof defined-Construction specifications. 11 30 060 Flies and mosquitoes--Control measures. 11 30 070 Flies and mosquitoes--Removal of breeding material required. 11 30 080 Flies and mosquitoes--Breeding or harboring on premises prohibited 11.30.010 Maintaining rodent or pest harborage conditions unlawful--Notice to abate. No person shall occupy, maintain, or cause or permit another person to occupy or maintain any building, lot, premises, vehicle or any other place, in such condition of construction or maintenance as will permit the breeding or harborage therein or thereon of rodents, fleas, bedbugs, cockroaches, lice, mosquitoes or,any other vermin. No person may permit an accumulation of any material that may serve as a rodent harborage unless such material be elevated not less than 18 inches above the ground or floor with a clear intervening space thereunder. Whenever the director finds any building, lot, premises, vehicle or other place to be infested with vermin or rodents, or to be in such an insanitary condition as to require fumigation or renovation, the director may notify the owner, his agent; the tenant or possessor thereof, in writing, specifying the manner in which the provisions of this chapter are being violated, and indicating the specific measures that shall be taken by the recipient of such notice to abate said conditions. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 8 § 628, 1959.) 11.30.020 Rodentproofing--Structures housing food for human consumption. Page 1 of 2 No person shall use any building or structure or portion thereof for the manufacture, preparation, storage, handling or display of any food or food products for human or animal consumption which, in the opinion of the director, is or is likely to become infested with rodents, unless such building or structure or portion thereof be rodentproofed. (Ord. 7583 Part 3 Ch. 8 § 625, 1959.) 11.30.030 Rodentproofing--Structures housing grain or other food products. No person shall use any building or structure or portion thereof for the storage, handling, preparation or sale of any food, grain or grain product which, in the opinion of the director, is infested or is likely to become infested with rodents, unless such building or structure is constructed so as to be rodentproof, and is actually kept free from rodents. (Ord. 7583 Part 3 Ch. 8 § 629, 1959.) http://search.municode.com/htmU16274/ DATA/'I'ITLEll/Chapter_ll_30 RODENT A... 11/12/2010 Chapter 11.30 RODENT AND PEST CONTROL[23] Page 2 of 2 11.30.040 Notice to perform rodentproofing--Authorized when. A. When the director determines that any building or structure constitutes a rodent harborage, he may serve upon the person in charge or control thereof a notice, in writing, to rodentproof such building or structure within a reasonable time, as stated in such notice. B. When determined by the director that it is unnecessary to rodentproof such building or structure in its entirety, he may specify in such notice that portion which is to be rodentproofed. (Ord. 7583 Part 3 Ch. 8 § 626, 1959.) 11.30.050 Rodentproof defined--Construction specifications. A. As used in this chapter, "rodentproof' means having the characteristic of being constructed and maintained in such manner as will prevent the entrance or harborage. of rodents. A rodentproof building or structure is one which is so constructed and maintained as to prevent the entrance into, or the harborage within, of rodents. B. Open spaces around doors and windows shall not be wider than one-fourth inch in order to prevent the passage of rodents. Exterior openings of buildings or structures, such as pipe holes, louver vents and ventilating systems, shall be covered with corrosion-resistant wire mesh, the area of each opening of which shall not exceed one-sixteenth of one square inch or the equivalent of a mesh square with sides not to exceed one-fourth ihch. (Ord. 94-0052 § 20, 1994: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 8 § 627, 1959.) 11.30.060 Flies and mosquitoes--Control measures. All premises shall be cleaned, and effective insecticides applied, as often as is necessary to prevent the breeding or harboring therein or thereon of flies or mosquitoes. The director may prescribe the type of insecticides, their manner and frequency of application, and the manner and frequency of cleaning for such purposes. (Ord. 2004-0054 § 2, 2004: Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 8 § 832, 1959.) 11.30.070 Flies and mosquitoes--Removal of breeding material required. All fly or mosquito breeding materials shall be removed from all premises as often as is necessary to prevent the breeding or harboring of flies or mosquitoes. (Ord. 2004-0054 § 2, 2004: Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 8 § 631, 1959.) 11.30.080 Flies and mosquitoes--Breeding or harboring on premises prohibited. No person shall operate or maintain or cause to be.operated or maintained any premises in such a manner as will permit the breeding or harboring therein or thereon of flies or mosquitoes. (Ord. 2004-0054 § 3, 2004: Ord. 8588§ 2 (part), 1964: Ord. 7583 Part 3 Ch. 8 § 630, 1959.) « previous ~ next» http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_30 RODENT A... 11/12/2010 Chapter 11.32 SWIMMING POOLS AND OTHER WATER AREAS[25] Page 1 of 7 Title 11 HEALTH AND SAFETY Chapter 11.32 SWIMMING POOLS AND OTHER WATER AREAS[25] 11.32 010 Applicability of chapter provisions. 11.32.020 Definitions. 11 32.030 Public swimming areas--Water quality standards. 11 32 040 Public swimming areas--Lifesaving and first aid equipment. 11.32 050 Public swimming areas--Lifeguards. 11 32 060 Public swimming areas--Dressing room requirements. 11 32 070 Public swimming areas--Toilet facilities. 11 32 080 Health restrictions for employees and other persons. 11 32.090 Drinking fountains required where. 11 32 100 Wading pools--Construction. 11 32 110 Wading pools--Adult supervision required. 11.32 120 N/ading pools--Disinfection. 11 32 130 Wading pool-Water clarity and recirculation. 11 32.140 Water supply. 11.32 150 Spray pool requirements. 11 32 160 Swimming pool equipment-Review and approval required--Fees 11 32 170 Swimming pool equipment-Period of approval-Reexamination. 11 32 180 Swimming pool equipment--Exempt from fee payment when 11.32.010 Applicability of chapter provisions. This chapter shall apply to all pools, as defined herein, except private pools maintained by an individual for the use of his family and friends. This chapter shall apply to, but not be limited to, all commercial pools, real estate and community pools, pools at hotels, motels, resorts, mobilehome parks, auto courts, apartment houses consisting of five or more residential units, clubs, public and private schools, acid gymnasia and health establishments. This chapter shall apply to all auxiliary structures and equipment thereof, such as locker rooms, showers rooms and dressing rooms; toilet facilities; and filtration, pumping, piping, disinfecting and safety equipment provided and maintained in connection with such facility. (Ord. 91-0099 § 1, 1991: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 6 § 550, 1959.) http://search.municode:com/html/16274/ DATA/TITLEll/Chapter_ll_32_SWIMMING... 11/12/2010 Chapter 11.32 SWIMMING POOLS AND OTHER WATER AREAS[25] Page 2 of 7 11.32.020 Definitions. A. "Accredited lifeguard" means a person who holds a current American Red Cross Senior Lifesaving Certificate or equivalent and a current American Red Cross Standard .First Aid Certificate or equivalent. In addition, he shall have had satisfactory experience as a beach lifeguard for at least one swimming season or an equivalent record of performance. B. "Lifeguard in training" means a person who performs lifeguard duty under the direct supervision of an accredited lifeguard during a training program, preparatory to becoming an accredited lifeguard. C.1. "Public swimming area" means any portion of a body of water owned, operated or under the control of any person which is permitted to be used for swimming and bathing, except: a. A swimming pool; b. A wading pool; c. Any portion of the Pacific Ocean;. d. Swimming areas owned and controlled by a single family and used only by that family and its guests. 2. If a body of water other than described in paragraphs a, b, c or d above is of such size, shape and depth that it can be used for swimming or recreative bathing, it shall be presumed that such is permitted therein unless it is clearly and plainly posted, in a manner acceptable to the director, warning that swimming or recreative bathing is prohibited. 3. If the director finds that a body of water or any portion thereof is, in the normal course of events, used by such a small number of persons in relation to the area of such body of water or portion thereof, that those provisions of this Division 1 relating to public swimming areas are not necessary for the preservation of public peace, health or safety, such body of water or such portion thereof is not a "public swimming area." D. "Spray pool" means any artificially constructed pool or basin, used or intended to be used by the public, which intercepts, but does not impound water sprayed over or onto it. E. "Swimming pool" and "pool" means an artificial basin, chamber or tank constructed of impervious material and used, or intended to be used, for swimming, diving, or recreative bathing. It does not include baths where the main purpose is the cleaning of the body, nor individual-type therapeutic tubs. F. "Wading pool" means any artificially constructed pool used or intended to be used for wading by the public, with a maximum depth of not more than 18 inches. (Ord. 9656 § 1, 1968; Ord. 9375 §§ 1 (part) and 2 (part), 1967: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 6 §§ 551, 552, 554, 559, 562 and 563, 1959.) 11.32.030 Public swimming areas--Water quality standards. The water used in a public swimming area shall meet the following: A. No sewage discharges shall exist in the immediate vicinity of, or immediately upstream frbm, bathing areas; B. Dilution and time of travel between point or sewage discharge and bathing area shall be sufficient to allow natural purification to occur so that the presence of harmful organisms of sewage origin is unlikely; C. The complete sanitary survey of the area is satisfactory; and D. The waters meet the following bacteriological standards: 1. Of all the samples collected during any 30-day period, the average coliform index MPN (confirmed test) shall not exceed 5 coliform organisms per milliliter (500- per 100 ml.). 2. Nor more than 10 percent of the samples tested shall exceed a coliform index MPN (conformed test) of 10 coliform organisms per milliliter (1,000 per 100 ml.), provided further that no single sample, when verified by a repeat sample taken within 48 hours, shall exceed 100 per milliliter (10,000 per 100 ml.). 3. The bacteriologidal standards shall be run in accordance with Standard Methods for the Examination of Water and Sewage, published by the American Public Health Association. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 6 § 553, 1959.) 11.32.040 Public swimming areas--Lifesaving and first aid equipment. http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter 11_32_SWIMMING... 11/12/2010 Chapter 11.32 SWIMMING POOLS AND OTHER WATER AREAS[25] Page 3 of 7 A. Every public swimming area shall be provided with a minimum of one approved lifering, buoy or equivalent approximately 15 inches in diameter and, where so required, one rescue pole at least 12 feet long, with hook. Such liferings, buoys or equivalent and rescue hook shall be readily accessible to each lifeguard, the location and spacing thereof to be determined by consideration of the area to be covered, configuration of water area and related factors, and approved by the director. Such liferings, buoys or equivalent shall have attached to them 75 feet of sound, 3/16- inch line, which shall be stored, when not in use, in such a way as to prevent kinking or fouling. B. When, in the opinion of the director, any public swimming area is of such size that unaided swimming rescues by lifeguards do not, in his opinion, offer sufficient protection to swimmers, one or more square-sterned boats equipped with oars, oarlocks, liferings, or hollow-type paddle boards, as the director approves, shall be provided. C. A standard, 24-unit or larger first aid kit shall be provided and properly maintained, and kept readily available at all public areas. (Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 6 § 565, 1959.) 11.32.050 Public swimming areas--Lifeguards. A. One or more accredited lifeguards, having no other duty to perform at the time than to superintend the safety of the bathers, shall be on lifeguard duty at each public swimming area, as defined in Section 11.32.020, when it is open or in use. B. All lifeguards shall show their lifesaving certificates and first aid certificates to the director upon his request. (Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 6 § 564, 1959.) 11.32.060 Public swimming areas--Dressing room requirements. If dressing rooms are provided at a public swimming area, they shall comply with the following: A. Public swimming areas used simultaneously by both sexes shall be provided with separate dressing rooms, with separate entrances to and exits from the dressing rooms. B. All dressing room walls and partitions shall have smooth surfaces which are impervious to moisture and free from cracks or open joints. Walls of compartments within a dressing room shall be constructed in such a manner that there is a clear, intervening space of not less than eight inches between the bottom of the partition and the floor, unless otherwise approved by the director. C. Floors in the dressing rooms, toilet rooms and shower rooms shall be impervious and rough enough (but not abrasive to the feet) so as to be nonskid, similar to a "rough rotary, raised rubber, or wood float," finished, and shall be free from cracks or open joints. Floors shall pitch not less than one-fourth inch per foot to floor drains or surface-water disposal areas. All junctures of floors with walls and partitions shall be coved. Wood floors or wooden slats over concrete floors shall not be permitted. D. When lockers are provided, they shall be kept clean and free from vermin, properly ventilated, and shall be fastened firmly to concrete islands, or shall be installed with at least asix-inch-high clear space beneath to permit flushing of the floor. E. All dressing rooms, shower rooms, toilet and lavatory rooms, and all other rooms in a bathhouse, shall be adequately ventilated and lighted. A minimum light intensity of three footcandles shall be provided in all parts of said rooms. F. Toilets shall be provided in close proximity to any dressing rooms, in addition to requirements specified in Section 11.32.070. (Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 6 § 568, 1959.) 11.32.070 Public swimming areas--Toilet facilities. A. Adequate toilets for each sex shall be provided and maintained not over 300 feet distant from any portion of public swimming areas. B. All toilet facilities shall be maintained in a sanitary condition, well lighted and ventilated, and shall be kept supplied with toilet paper at all times. C. The type and location for such existing toilets shall be acceptable to the director and plans for new toilet facilities shall be approved by the director prior to construction. (Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 6 § 567, 1959.) _.. _ _ __ _ http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_I1_32_SWIMMING... 11/12/2010 Chapter 11.32 SWIMMING POOLS AND OTHER WATER AREAS[25] Page 4 of 7 11.32.080 Health restrictions for employees and other persons. A. No person having a communicable disease shall be employed in any capacity at any wading pool or public swimming area. B. All persons known to be, or suspected by the director or the management of being afflicted with an infectious disease, or suffering from a cough, cold, fever, sores, or wearing bands or bandages, shall be excluded from the public swimming area or the wading pool, except on presentation of a written statement from a physician, of current date, acceptable to the director. (Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 6 § 570, 1959.) 11.32.090 Drinking fountains required where. At least one approved drinking fountain shall be installed and maintained in each wading pool area and each public swimming area for the use of the persons using the public swimming area or wading pool. (Ord. 9375 § 2 (Part), 1967: Ord. 7583 Part 3 Ch. 6 § 569, 1959.) 11.32.100 Wading pools--Construction. A. The lining material of all wading pools shall be impervious to moisture and shall have a smooth finish, and the wading pool bottom shall be constructed to minimize slippage. There shall be a deck of not less than four feet in width surrounding the wading pool; said deck shall be constructed of impervious material and shall have a smooth, nonslip finish. B. Wading pools shall have a bottom slope of not less than one inch to each four feet, nor more than one inch per foot, toward the drains. There shall be no raised drains, steps or other obstructions on which children may fall or become injured in the wading pool. C. The wading pool shall be equipped with a drain at its lowest point. The drain shall not be connected directly to any part of a sewage disposal system. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 6 § 556, 1959.) 11.32.110 Wading pools--Adult supervision required. Every person maintaining a wading pool which is open to the public shall supply constant adult supervision at all times when such wading pool is open to the public. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 6 § 555, 1959.) 11.32.120 Wading pools--Disinfection. A chlorine residual of at least 0.3 ppm shall be maintained at all times the wading pool is in use. The wading pool shall be maintained in an alkaline condition as indicated on the Sorenson Scale of at least 7.2. A testing kit shall be maintained at the wading pool for this purpose. (Ord. 8588 § 1 (part), 1964: Ord. 7583-Part 3 Ch. 6 § 557, 1959.) 11.32.130 Wading pool--Water clarity and recirculation. The water of all wading pools shall be kept sufficiently clear that the bottom of the wading pool will be visible at all times. A recirculating system shall be provided for each wading pool constructed subsequent to July 1, 1964. In lieu of a recirculating system, existing wading pools may be emptied and refilled at least every two hours during the time the wading pool is open for use. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 6 § 558, 1959.) 11.32.140 Water supply. A. All water supplied to a wading pool or spray pool shall be from a source approved by the director. http://search.municode.com/htm]/16274/ DATA/TITLEll/Chapter_ll_32_SWIMMING... 11/12/2010 Chapter 11.32 SWIMMING POOLS AND OTHER WATER AREAS[25] Page S of 7 B. The water supply for all showers, toilets, lavatories and drinking facilities provided or maintained in connection with public swimming areas, spray pools and wading pools shall be adequate in quantity and shall meet the director's requirements for drinking water. (Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 6 § 566, 1959.) 11.32.150 Spray pool requirements. A. Spray pools shall be constructed in such a manner that all sprayed water falls into the pool or basin and runs to a drain which discharges into an approved disposal system. No obstructions, such as raised drains or steps which might cause injury to children in such pools, shall be permitted. B. Spray pools shall comply with the. provisions of Section 11.36.100 of this chapter. (Ord. 8588 § 1 (part); 1964: Ord. 7583 Part 3 Ch. 6 § 560, 1959.) 11.32.160 Swimming pool equipment--Review and approval required--Fees. A. All recirculation and purification equipment shall be subject to review and approval by the director before installation in connection with a swimming pool. B. It is unlawful for any person to install any recirculation and purification equipment related to a swimming pool unless such equipment has first been reviewed and approved by the director. C. Any person desiring to have recirculation or purification equipment reviewed shall submit said equipment to the director and pay the following fees, which are payable to the county tax collector prior to the time of submission of each piece of equipment: http://search.municode.com/html/16274/ DATA/TITLEll/Chapter_ll_32_SWIMMING... 11/12/2010 Chapter 11.32 SWIMMING POOLS AND OTHER WATER AREAS[25] Page 6 of 7 1. Filters. a. First basic individual unit of each $50.0 manufacturer or of series of similar design b. Each additional unit of the same make of 10.00 different filter area in a series for which the fee required in a subparagraph was paid 2. Chlorinators--for each make unit of the same 30.00 general design regardless of capacity 3. Hypochlorinators--for each type unit of each 20.00 manufacturer 4. Surface skimmers--for each type unit of each 50.00 manufacturer 5. Rate-of-flow indicators--for each series of 45.00 similar units of each manufacturer 6. Test kits for chlorine or other approved 20.00 !disinfectant and pH Pumps. First basic individual unit of each series of ch manufacturer . Each additional unit of same series but ifferent horsepower Separation Tanks, First basic individual unit of each series of ch manufacturer Each additional unit of the same design but ferent volume (Ord. 9375 § 1 (part), 1967: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 6 § 561, 1959.) 11.32.170 Swimming pool equipment--Period of approval--Reexamination. A. Swimming pool equipment which the director determines to acceptably perform the function for which. intended shall be approved for a period not to exceed three years, after which it shall be submitted for reexamination. The fees for such reexaminations shall be 50 percent of the fees listed in Section 11.32.160. Upon the expiration of the approval period granted for any device, it shall be unlawful to install any such device in a swimming pool until after an application has been submitted, the device has been found acceptable, and a new period of approval has been established by the director. B. Periods of approval shall be subject to review by the director at any time, should there be evidence of failure or inadequate performance of the device. If, after investigation and hearing, it is found that the unit is unsatisfactory to perform the function for which intended, approval may be immediately withdrawn. (Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 6 § 561.2, 1959.) 11.32.180 Swimming pool equipment--Exempt from fee payment when. Any swimming pool equipment which has been approved by the National Sanitation Foundation, or other national testing agency found by the director to apply equivalent standards, which is currently listed by said foundation or agency as equipment permitted to carry its seal of approval or equivalent and which conforms to all applicable state and local requirements, shall be exempt http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_32_SWIMMING... 11/12/2010 Chapter 11.32 SWIMMING POOLS AND OTHER WATER AREAS[25] Page 7 of 7 from payment of the above fees. (Ord. 9375 § 2 (part); 1967: Ord. 7583 Part 3 Ch. 6 § 561.1, 1959.) «previous ~ next» http://search.municode.com/htmU16274/ DATA/'TITLEll/Chapter_ll_32_SWIMMING... 11/12/2010 Chapter 11.34 SWIMMING POOL SERVICES Title 11 HEALTH AND SAFETY Chapter 11.34 SWIMMING POOL SERVICES 11.34.010 Definitions. 11 34 030 Swimming pool service technician--Certification requirements. 11 34 040 Swimming pool service technician--Activities authorized following certification. 11 34 050 Swimming-pool service technician apprentice--Activities authorized following certification. 11 34 060 Certification--Application and fees--Penalty for late application. 11 34 070 Examination for swimming pool service technician. 11 34 080 Examination for swimming pool service technician apprentice. 11 34 090 Certificate-Display requirements. 11.34.100 Failure to obtain certifcation--Actions to recover fees authorized when. 11 34 110 Certification-Period of validity--Renewal 11 34 120 Certification--New application following failure to renew. 11.34.130 Certification--Duplicates-Fee. 11 34.140 Certification--Transfer prohibited. 11.34.141 Performance standards. 11.34 150 Certification--Suspension conditions. 11 34 160 Certification--Reinstatement following suspension--Conditions. 11 34 170 Certification--Hearing following suspension. 11 34 180 Hearings--Notice requirements 11 34.190 Hearings--Conducted by director or referee. 11 34 200 Hearings-Referee qualifications and compensation. 11 34 210 Hearings--Procedures generally. 11 34 220 Hearinas--Decision determination. 11 34 230 Hearings--Notice of decision. 11.34.240 Severabilitv: Page 1 of 6 http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_34_SWIMMING..: 11/12/2010 Chapter 11.34 SWIMMING POOL SERVICES 11.34.D10 Definitions. Page 2 of 6 A. "Director" means the director of public health of the county ofi Los Angeles, or his duly authorized representative, as provided for in Section 2.77.050 of this code. B. "Swimming pool" and "pool" means an artificial basin, chamber or tank used, or intended to be used, for swimming, diving, or recreational bathing; but does not include baths where the main purpose is the cleaning of the body, nor individual therapeutic tubs. This chapter applies to all public and private pools and includes all types of swimming pools, spa pools, wading pools, specially used pools and temporary training pools, facilities or appurtenances thereof. C. "Swimming pool service technician" means any individual engaged in the business or occupation of treating or disinfecting swimming pool waters, or cleaning, servicing, or maintaining swimming pools or facilities and appurtenances thereof. D. "Swimming pool service technician apprentice' means an individual employed by and working under the direct and immediate supervision of a certified swimming pool service technician to treat or disinfect swimming pool waters, clean, service or maintain swimming pools or facilities and appurtenances thereof. This chapter does not apply to an individual who maintains his or her own swimming pool or a manager or owner of a residential structure of three units or less who maintains or services the pool or pools exclusively at said structure. (Ord. 2006-0040 § 100, 2006: Ord. 91-0099 § 2, 1991: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 14 §§ 1001 and 1002, 1959.) 11.34.030 Swimming pool service technician--Certification requirements. A. Every swimming pool service technician and swimming pool service technician apprentice must be certified pursuant to the requirements of this chapter. B. Persons certified hereunder may lawfully engage in said business or occupation only to the extent permitted pursuant to said certification. C. Every person required to be certified by the terms hereof, and before engaging in the business or activity, shall make application thereof and shall, within time limitations established by rules of the director, become certified. (Ord. 91-0099 § 4, 1991: Ord. 9375 § 1 (part), 1967: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 14 § 1000, 1959.) 11.34.040 Swimming pool service technician--Activities authorized following certification. A person certified pursuant to this chapter as a swimming pool service technician may engage in the occupation or business of treating or disinfecting swimming pool waters or cleaning, servicing, or maintaining swimming pools or facilities and appurtenances thereof. (Ord. 91-0099 § 10, 1991: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 1008, 1959.) 11.34.D50 Swimming pool service technician apprentice--Activities authorized following certification. A person certified pursuant to this chapter as a swimming pool service technician apprentice may perform the same activities as a swimming pool service technician but only under the direct and immediate supervision and employment of a certified swimming pool service technician. Upon application for certification and on any annual renewal thereto, the apprentice must identify the swimming pool service technician supervising same. (Ord. 91-0099§ 11, 1991: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 1009, 1959.) 11.34.060 Certification--Application-and fees--Penalty for late application. A. Every person desiring certification as a swimming pool service technician or as a swimming pool service technician apprentice shall file with the director an application for certification, and shall then pay an application fee to the treasurer-tax collector of $110.00 to cover the cost of httu://search.municode.com/htmU16274/ DATA/TITLEII/Chapter_ll_34_SWIMMING... 11/12/2010 Chapter 11.34 SWIMMING POOL SERVICES Page 3 of 6 giving the examination and processing the application. No portion of said fee is refundable. The applicant shall pay a penalty equal to 25 percent of the fee if application is not made within 31 days after commencement of the activity. A new application fee of $110.00 shall be paid each time the applicant takes the examination. B. The applicant shall designate upon his application, by address, the principal office of the applicant which is located within the County of Los Angeles, State of California, and if the applicant has no office within the County of Los Angeles, then he shall designate upon his application his principal office, wherever located. (Ord. 93-0055 § 12, 1993: Ord. 92-0078 § 6, 1992; Ord. 91-0099 § 13, 1991: 90-0090 § 3, 1990: Ord. 88-0106§ 31, 1988: Ord. 83-0054 § 4, 1983: Ord. 9375 § 1 (part), 1967: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 1011, 1959.) 11.34.070 Examination for swimming pool service technician. The examination given by the director shall be for the purpose of determining that: A. The applicant fully understands the technical aspects of swimming pool water purification and equipment, and materials used in connection therewith; B. The applicant is fully competent to service, clean, operate and maintain swimming pools and incidental appurtenances; C. The applicant has a thorough knowledge of the following: the chemicals used in swimming pool water and their effects, testing procedures for determination of pH and of chlorine and bromine content of water and related applied water chemistry, and pool operation and cleaning methods; and D. The applicant has a general knowledge of filters, flow rates, pumps, motors, heaters and chemical feeders, and of local laws, ordinances, rules and regulations applicable to swimming pools. (Ord. 91-0099 § 14, 1991: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 1012, 1959.) 11.34.080 Examination for swimming pool service technician apprentice. The examination given by the director shall not be as broad in scope as the examination for the swimming pool service technician and shall be for the purpose of determining-that: A. The applicant understands the basic concepts of swimming pool water purification and equipment and materials used in connection therewith; B. The applicant is competent to clean, service and maintain swimming pools; C. The applicant has a basic knowledge of the common chemicals used in swimming pool waters and their effects, testing procedures of the determination of pH and of chlorine residual, and pool operation and cleaning methods; and D. The applicant has a basic knowledge of filters, pumps, motors and chemical feeders and of local laws, ordinances, rules and regulations applicable to swimming pools. (Ord. 91-0099 § 15, 1991:-Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 1013, 1959.) 11.34.090 Certificate--Display requirements. Every person certified pursuant to this chapter, while performing the functions for which he is required to be certified, shall carry upon his person and shall display to the director upon his request such certificate or other written evidence of certification as is issued by the director. (Ord. 91-0099 § 16, 1991; Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 1015, 1959.) 11.34.100 Failure to obtain certification--Actions to recover fees authorized when. The director is authorized, in the name of the county of Los Angeles as plaintiff, to bring suit for the recovery of certification fees against any person required to have this certification, who carries on, or attempts to engage in, such business, occupation or activity without first being certified. (Ord. 91-0099 § 17, 1991: Ord. 88-0106 § 32, 1988: Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 13 § 1001.1, 1959.) http://search.municode.com/htmll16274/ DATA/TITLEll/Chapter_ll_34_SWIMMING... 11/12/2010 Chapter 11.34 SWIMMING POOL SERVICES 11.34.110 Certification--Period of validity--Renewal. Page 4 of 6 Certification as a swimming pool service technician and certification as a swimming pool service technician apprentice are each effective from July 1st through June 30th of each year. Every person desiring to renew such certification shall pay a renewal fee to the treasurer-tax collector for renewal before July 31st in the amount of $21.00 for each certificate for the following fiscal year. A penalty equal to 25 percent of the renewal fee shall be submitted on or after July 31 st for the renewal of the annual certification. (Ord. 93-0055 § 13, 1993: Ord. 92-0078 § 7, 1992: Ord. 91-0099 § 18, 1991: Ord. 90-0090 § 4; 1990: Ord. 88-0106 § 33, 1988: Ord. 9375 § 1 (part), 1967: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 1018, 1959.) 11.34.120 Certification--New application following failure to renew. Any person failing to renew his certification within two years of the expiration date shall be required to make a new application therefor and retake the examination in order to become recertified. (Ord. 91-0099 § 19, 1991: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 1022, 1959.) 11.34.130 Certification--Duplicates--Fee. If the written evidence of certification issued by the director is lost or destroyed, a duplicate thereof shall be obtained from the director. A fee of $10.00 shall be paid when filing applications for such duplicate. Said fee is charged to cover the cost of issuance of the duplicate, and no portion thereof is refundable. (Ord. 91-0099 § 20, 1991: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 1016, 1959.) 11.34.140 Certification--Transfer prohibited. No certification made pursuant to this chapter shall be transferable to another person. (Ord. 91- 0099 § 21; 1991: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 1014, 1959.) 11.34.141 Performance standards. Every certified swimming pool service technician or swimming pool service technician apprentice shall perform to those standards contained in this chapter qr as prescribed by the director. (Ord 91-0099 § 22, 1991.) 11.34.150 Certification--Suspension conditions. The director may suspend certification of a swimming pool service technician or of a swimming pool service technician apprentice if the work of such person permitted by his certification is performed in such manner as to create an unsanitary, unsafe or unhealthful condition. Any person whose certification has been suspended shall surrender his evidence of certification to the director upon request. (Ord. 91-0099 § 23, Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 1019, 1959.) 11.34.160 Certification--Reinstatement following suspension--Conditions. When a certification has been suspended, an application may be made for reinstatement. Such application shall include a verifed statement declaring that the bases for suspension of certification have been eliminated. If, upon investigation, which the director shall make upon receipt of said application, it is determined that all bases for suspension have been eliminated and that all provisions of this chapter have been complied with, then the director shall reinstate said certification. (Ord. 91-0099 § 24, 1991: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § http://search.municode.com/htmll16274/ DATA/TITLEll/Chapter_ll_34_SWIMMING... 11/12/2010 Chapter 11.34 SWIMMING POOL SERVICES Page 5 of 6 1020, 1959.) 11.34.170 Certification--Hearing following suspension. Any person who has applied for reinstatement of certification and has been denied said reinstatement may make a written request to the director for a hearing thereon. Upon receipt of such written request, the director shall set a time and place for the hearing. (Ord 91-0099 § 25, 1991: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 1021, 1959.) 11.34.180 Hearings--Notice requirements. Notice of any hearings pursuant to any of the provisions of this chapter shall be given not less than fve days prior to the day scheduled therefor by the director. Such notice shall specify the time and place of the hearing, the subject matter thereof, and the bases, grounds and reasons therefor. Notice may be given either by registered mail, postage prepaid, directed to the person notified at such place as he designates in his application for certification as his principal office within the county of Los Angeles, or at such place as he designates as his principal office wherever located, or in the manner provided for the service of summons in civil actions. (Ord. 91- 0099 § 26, 1991: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 1023, 1959.) 11.34.190 Hearings--Conducted by director or referee. In cases where hearings are provided for herein, such hearings shall be conducted either by the director himself or by a referee appointed by the director to perform such function. Such referee shall take testimony and report his findings and recommendations to the director. (Ord. 91-0099 § 27, 1991: Ord. 8588 § 1 (part), 1964: Ord: 7583 Part 3 Ch. 13 § 1024, 1959.) 11.34.200 Hearings--Referee qualifications and compensation. Any referee appointed bythe director shall be an employee of the county, not an officer thereof, and shall be a person who regularly performs his employment duties for the department of public health of the county. Any such person so appointed as referee shall serve without any additional compensation, and all time spent as referee shall be considered to have been spent by such person in performing the employment duties of his other position. (Ord. 2006-0040 § 101, 2006: Ord. 91-0099 § 28, 1991: Ord. 8588 § 1 (part),.1964:-Ord.7583 Part 3 Ch. 13 § 1025, 1.959.) 11.34.210 Hearings--Procedures generally. A. At any hearing, the director or referee shall hear evidence from and on behalf of any person certified hereunder which may tend to show that his certification should not be suspended or revoked. The director may also take evidence from or on behalf of other persons which may tend to show the existence of grounds for suspension or revocation of the certification. The burden of proof shall be upon him proposing suspension or revocation df certification. B. A full, true and correct record of all oral testimony adduced at such hearings shall be kept by shorthand, stenotype, recording device or otherwise. (Ord. 91-0099 § 29, 1991: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 1026, 1959.) 11.34.220 Hearings--Decision determination. At the close of the hearing or at any time within thirty days thereafter, the director shall determine from the facts adduced at said hearing, whether or not certification should be revoked or suspension continued. If suspension is continued, the director shall state the conditions necessary to reinstate said certification. When it is determined that all bases for suspension have been eliminated and that all provisions of this chapter have been complied with, the director shall reinstate said certification. If it is the decision of the director to revoke the certification, the http://seazch.municode.com/htmll16274/ DATA/I'ITLEll/Chapter 11_34_SWIMMING... 11/12/2010 Chapter 11.34 SWIMMING POOL SERVICES Page 6 of 6 certification may be revoked up to a period of one year from the date of suspension. After this period of time the individual may reapply for certification. (Ord. 91-0099 § 30, 1991: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 13 § 1027, 1959.) 11.34.230 Hearings--Notice of decision. Unless the director should announce his decision immediately following termination of the hearing, he shall notify the certified person of such decision in writing by mail. (Ord. 91-0099 § 31, 1991: Ord. 8588 § 1 (part), 1964:. Ord. 7583 Part 3 Ch, 13 § 1028, 1959.) 11.34.240 Severability. If any provisions of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected thereby. (Ord. 91-0099 § 32, 1991.) « previous ~ next» http://search.municode.com/htmU16274/ DATA/'I'ITLEll/Chapter_ll_34_SWIMMING... 11/12/2010 Chapter 11.35 TOBACCO RETAILING Page 1 of 5 Title 11 HEALTH AND SAFETY Chapter 11.35 TOBACCO RETAILING 11 35 010 Purpose and application. 11.35.020 Definitions. 11.35.030 Mandatory tobacco retail license. 11 35.040 Application procedure for tobacco retail license. 11.35.050 Issuance and renewal of license. 11.35.060 License nontransferable. 11.35.070 License violations. 11.35.080 Compliance checks. 11.35.090 Administrative fines. 11.35.100 Suspension or revocation of license. 11.35 110 Suspension or revocation procedure. 11.35.120 Violation--Other penalties. 11.35.130 Severability. 11.35.010 Purpose and application. In promoting the health, safety, and general welfare of its residents, the County of LosArigeles has a substantial interest in encouraging compliance with federal, state, and local laws regulating tobacco sales and use; in discouraging the purchase and use of tobacco products by minors; in increasing compliance with laws prohibiting the sale of tobacco products to minors; and in protecting children from being lured into illegal activity through the misconduct of adults. It is the intent of this ordinance to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit the sale or distribution of tobacco products to minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or otherwise regulated. (Ord. 2007-0118 § 3 (part), 2007.) 11.35.020 Definitions. For the purpose of this chapter, the following words and terms shall have the following meaning: A. "Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, when neither is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this chapter that occurred at the locatioh, is presumed not to be an arm's length transaction. B. "Department" means the Los Angeles County Department of Public Health. C. "Director" means the director of the Los Angeles County Department of Public Health or http://search.municode.com/htmU16274/_DATA/TITLEll/Chapter_ll_35 TOBACCO_... 11/12/2010 Chapter 11.35 TOBACCO RETAILING Page 2 of 5 his/her designee. --- D. "Itinerant tobacco retailing" means engaging in tobacco sale or distribution at other than a fixed location. E. "License" means a tobacco retailer license issued by the county pursuant to this section. F. "Licensee" means any proprietor holding a license issued by the county pursuant to this chapter. G. "Person" means any individual, entity, firm, partnership, joint venture, limited liability company, association, social or professional club; fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, or other group or combination of the above acting as a single unit. H. "Proprietor" means a person with an ownership interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets; or income of a business other than the sole interest of security for debt. I. "Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation which includes any tobacco product. J. "Tobacco paraphernalia' means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed or used for the smoking or ingestion of tobacco products. K, "Tobacco retailer" means any person who sells, offers for sale or distribution, exchanges, or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, distributed, exchanged, or offered for exchange. L. "Tobacco retailing" means selling, offering for sale; exchanging, or offering to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange. (Ord. 2007-0118 § 3 (part), 2007.) 11.35.030 Mandatory tobacco retail license. A. Any person intending to act as a tobacco retailer shall, within ninety days of the effective date of the ordinance codified in this chapter, obtain a tobacco retailing license for each location at which tobacco retailing is to occur. No license may be issued to authorize tobacco retailing at other than a fixed location. Itinerant tobacco retailing is prohibited. B. Nothing in this chaptershall be construed to grant any licensee any status or right other than to act as a tobacco retailer at the location identified on the face of the license, subject to compliance with all other applicable laws, regulations, or ordinances. Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law. (Ord. 2007-0118 § 3 (part); 2007.) 11.35.040 Application procedure for tobacco retail license. All applications for a license shall be submitted in the name of each proprietor proposing to conduct tobacco retailing and signed by each prospective proprietor or an authorized agent. Each license application must be accompanied by the required license fee pursuant to section 8.04.720 of this code. A proprietor proposing to conduct tobacco retailing at more than one location shall submit a separate application for each location. Every application shall contain the following information: - - - - - - - - - A. The name, address, and telephone number of each proprietor; B. The business name, address, and telephone number of the fixed location for which the license is sought; C. Whether or not any proprietor has previously been issued a license pursuant to this chapter that is, or was at any time, suspended or revoked and, if so, the date of the suspension or revocation; D. Proof that the location for which a tobacco retailing license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization; E. A signed affirmation by each proprietor that each proprietor is informed of the laws affecting tobacco retailing licenses; and F. Such other information as the county deems necessary for the administration of this chapter. http;//search.murucode.com/htmU16274/ DATA/TITLEll/Chapter_ll_35 TOBACCO_... 11/12/2010 Chapter 11.35 TOBACCO RETAILING Page 3 of 5 (Ord. 2007-0118 § 3 (part), 2007.) _ , , .. _ _.. 11.35.050 Issuance and renewal of license. A. Upon receipt of an application and applicable fee, as set forth in section 8.04.720, the applicant(s) shall be issued a license unless: 1. The application is incomplete or inaccurate; 2. The department has information that the applicant, or his/her agents or employees, has violated any local, state, or federal tobacco control law at the location for which the license or renewal license is sought within the preceding sixty (60) days; or 3. The application seeks authorization for tobacco retailing at an address where a previous license has been suspended, revoked, or is subject to suspension or revocation proceedings for any violation of any of the provisions of this chapter. However, this shall not constitute a basis for denial of a license if either or both of the following apply: a. The applicant provides documentation which clearly demonstrates that the applicant has acquired or is in the process of acquiring the premises or business in an arm's length transaction; or b. It has been more thah five years since the most recent license for that location was revoked. B. Renewal of tobacco retailing license.. A license shall be valid for one year and must be renewed between thirty and sixty days prior to the expiration of the license. A license may be renewed for additional one year periods by submission of a renewal application and the applicable fee. Any license that is suspended, has been revoked within the previous five years; or is subject to suspension or revocation proceedings shall not be renewed. (Ord. 2007-0118 § 3 (part), 2007.) 11.35.060 License nontransferable. A tobacco retailing license is nontransferable. If a licensee changes business location, that licensee must obtain a new license prior to acting as a tobacco retailer at the new location. If a business licensed to conduct tobacco retailing is sold or transferred, the new proprietor must obtain a license for that location before acting as a tobacco retailer. (Ord. 2007-0118 § 3 (part), 2007.) 11.35.070 License violations. A. It shall be a violation of this chapter for a licensee, or his/her agents or employees, to violate any federal, state, or local tobacco law or regulation, including any provision of this chapter. B. Causing, permitting, aiding, abetting; or concealing a violation of any provision of this chapter shall constitute a violation. C. Failure to prominently display the tobacco retailing license in a publicly visible location at the licensed premises shall constitute a violation. D. The failure of the licensee to allow any peace officer, the director, or any authorized county official to conduct unscheduled inspections of the premises of the business for the purpose of ensuring compliance with any federal, state; or local tobacco law or regulation, including any provision of this chapter, at any time the business is open for business shall constitute a violation. (Ord. 2007-0118 § 3 (part), 2007.) 11.35.080 Compliance checks. A. Compliance with this chapter shall be monitored by the department or any law enforcement officer. Any law enforcement officer may conduct compliance checks, including but not limited to youth decoy operations, and enforee.the penal provisions of this chapter. B. The department shall check the compliance of each tobacco retailer a minimum of one time per twelve month period. Compliance checks may be unannounced. (Ord. 2007-0118 § 3 (part), 2007.) httv://search.municode.com/htmU16274/ DATA/'TITLEll/Chapter_ll_35 TOBACCO_... 11/12/2010 Chapter 11.35 TOBACCO RETAILING Page 4 of 5 11.35.090 Administrative fines. Subject 1o the requirements of Chapter 1.25 of this county code, the director may impose administrative fines on persons violating any provision of this chapter or any federal, state, or local law or regulation incorporated into this chapter. The director may impose a fine upon such violators in an amount determined by the director. The imposition of any such f ne shall in no way limit the director's ability or authority to impose other requirements of this chapter or seek other remedies against violators. (Ord. 2007-0118 § 3 (part), 2007.) 11.35.100 Suspension or revocation of license. A. In addition to any other remedy authorized by law, a license may be suspended or revoked as provided in this section if it is discovered that any of the following occurred: 1. The licensee, or the licensee's agents or employees, has violated any provision of this chapter. Violation by a licensee at one location shall not be construed as a violation at another location of the same licensee, nor shall violations by a prior licensee at the same location be accumulated against a subsequent licensee at the same location; 2. The original or renewal application contained incorrect, false, or misleading information; 3. One or more of the bases for denial listed in section 11.35.050 existed before the license was issued; or 4. A licensee is convicted of a misdemeanor or felony violation of any federal, state, or local tobacco law or regulation, including any provision of this chapter. B. During any period of suspension or revocation, the licensee shall remove all tobacco products and tobacco .paraphernalia from public view. Failure to do so may be considered a subsequent violation. C. When the director finds a violation as set forth in section 11.35.100(A), the license may be suspended or revoked as follows: 1. Upon finding by the director of a first license violation within any five-year period, the license may be suspended for up to thirty days;. ___ __ .. _ 2. Upon a finding by the director of a second license violation within any five-year period, the license may be suspended for up to ninety days; 3. Upon a finding by the director of a third license violation in any five-year period, the license may be suspended for up to one hundred and twenty days; and 4. Upon a finding by the director of a fourth license violation within a five year period, the license shall be revoked. (Ord. 2007-0118 § 3 (part), 2007.) 11.35.110 Suspension or revocation procedure. A. Before a license is suspended or revoked, the director shall provide written notice to the licensee. Said notice shall include the following`. 1. A statement that the proprietor's tobacco retailing license is being suspended or revoked pursuant to this chapter; 2. The code section violated by licensee or licensee's agents or employees; 3. A description of the violation that occurred; 4. The address of the business where the violation occurred; and 5. The procedure for requesting an administrative review. B. A licensee served with a notice of suspension or revocation may request an administrative review to contest the suspension or revocation. The request must be made in writing and filed with the director within ten calendar days of service of the notice of suspension or revocation. Failure to timely request an administrative review shall be deemed a waiver of the right to request such a review and a failure to exhaust administrative remedies. O. After receiving a timely administrative review request, the director shall schedule an administrative review within twenty calendar days of receipt of the written request and designate a reviewing officer. The director may, in his/her discretion, appoint as a reviewing officer any department or other county employee with expertise in public health who is not directly involved in inspection or enforcement of tobacco retailing establishments. D. The proprietor shall be given written notice of the date, time, and location of the administrative review and the name of the reviewing officer who will conduct the administrative review at least httn:/lsearch.municode.com/htmU16274/ DATA/TITLEll/Chapter 11.35 TOBACCO_... 11/12/2010 Chapter 11.35 TOBACCO RETAILING Page 5 of 5 ten calendar days in advance of the review. E. The reviewing officer, in hislher discretion, may grant a continuance upon the written request and showing of good cause. In no event shall the continuance be longer than thirty calendar days from the originally scheduled review date. F. At the administrative review, the department has the burden of providing by a preponderance of the evidence that the alleged violation occurred. G. The failure to appear at the administrative review shall constitute an abandonment of the review request and a failure to exhaust administrative remedies. H. Within ten calendar days after the close of the administrative review, the reviewing officer shall issue a written decision on the suspension or revocation of the license, including a statement of the basis for the decision. The reviewing officer's writteh decision shall constitute the final administrative decision of the county. I. If the director revokes a tobacco retailing license, no new license may be issued for five years after that revocation. (Ord. 2007-0118 § 3 (part), 2007.) 11.35.120 Violation--Other penalties. A. In addition to any other penalties and remedies provided by law, including the provisions of this chapter, any violation of the provisions of this chapter may be charged as a misdemeanor pursuant to chapter 1.24 of this code, or, in the discretion of the prosecutor, as an infraction. Any person who violates any provision of this chapter is subject to a suit for injunction as well as prosecution for any criminal violation. B. In addition to any other penalty under this chapter, a person found to have engaged in tobacco retailing without a valid tobacco retailing license shall be ineligible to apply for or be issued a tobacco retailing license as follows: 1. After a first violation for a person within any five year period, no new license may be issued for the person as a proprietor until thirty days have passed from the date of last violation; 2. After a second violation for a person within any five year period, no new license may be issued for the person as a proprietor until ninety days have passed from the date of last violation; 3. After three or more violations for a person within. any five yeas period, no new license may be issued for the person as a proprietor until five years have passed from the date of last violation; 4. Each day that a person engages in tobacco retailing without a valid tobacco retailing license shall constitute a separate violation; and 5. Any person found by the director to be ineligible to be issued a license pursuant to this section may request an administrative review within ten days of notice of the violation. The request must be made to the director in writing. Any administrative review shall be held pursuant to the provisions of section 1.1.35.110 of this chapter. C. Violations of this chapter are hereby declared to be public nuisances. (Ord. 2007-0118 § 3 (part), 2007.) 11.35.130 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter or the application of such provision to other persons or circumstances shall not be affected thereby. (Ord. 2007-0118 § 3 (part), 2007.) «orevious ~ next» http://search:municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_35 TOBACCO_.. 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS Title 11 HEALTH AND SAFETY Chapter 11.36 BODY ART ESTABLISHMENTS Part 1 GENERAL PROVISIONS Article 1 DEFINITIONS 11 36.010 Definitions aenerallu. 11 36.020 Approved. 11 36 030 Blood borne pathogen. 11 36 040 Blood borne pathogen standards. 11.36.050 Bodv art. 11 36 060 Bodv art activity. 11.36 070 Bodv art establishment. 11.36.080 Bodv art technician. 11 36.090 Bodv art technician independent operator. 11 36 100 Bodv art temporary event. 11 36 110 Bodv piercing. 11.36.120 Client. 11.36.130 Consent form. 11.36.140 Contaminated. 11.36.150 Contaminated waste. 11.36.160 County. 11 36.170 Department. 11 36 180 Departmental regulations. 11 36 190 Existing owner. 11 36 200 Exposure control plan. 11 36 210 Exposure incident. 11.36.220 lnstru ment. Page 1 of 22 http://search.municode.com/htmU16274/_DATAPTITLEll/Chapter_ll_36 BODY_ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS 11.36.230 Manager. 11 36 240 Mobile bodv art establishment. 11.36.250 Owner. 11.36.260 Permanent cosmetics. 11.36.270 Permanent hole. 11 36.280 Potentially infectious material. 11 36.290 Registration. 11.36.300 Tattoo. 11 36 310 Temporary bodv art establishment. Article 2 GENERAL REQUIREMENTS 11.36.320 Registration. 11.36.330 Permits. Article 3 PLAN REVIEW--PERMIT-REGISTRATION 11.36.340 Plan review. 11 36 350 Public health facility permit. 11.36 360 Public health operator permit. 11 36.370 Posting requirements: 11 36 380 Permit and registration--Reporting requirements. 11 36 390 Permit--Suspension and revocation and fines. Article 4 COMPLIANCE AND ENFORCEMENT 11 36.400 Compliance with chapter provisions required. 11.36.410 Communicable disease control 11.36.420 Health officer--Enforcement. 11 36.430 Owner responsibility. 11 36 440 Manager--Requirements. 11.36.450 Facilities held in common or shared. 11 36 460 Noncompliance with county health officer--Injunctive relief.. Page 2 of 22 httn://search.municode.com/htmU16274/ DATA/TITLEl1/Chapter 11_36_BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS 11.36.470 Exemptions. 11.36.480 Severability. Part 2 OPERATIONS Article 1 EXPOSURE CONTROL PLAN AND REPORTING 11.36.490 Exposure control plan. 11 36 500 Reporting requirements-Complications. 11.36.510 Equipment and instruments. 11.36.520 Record maintenance. Article 2 CLIENTS 11 36 530 Application for body art procedure--Consent form. 11.36.540 Restricted clients. Article 3 PROCEDURE 11.36.550 Technician condition. 11.36.560 Procedures and preparation. 11 36 570 Hepatitis B vaccination status--Declination. Article 4 RESTRICTIONS 11.36.580 Prohibited procedures and activities. Part 3 MOBILE BODY ART ESTABLISHMENTS 11.36.590 General requirement. 11 36.600 Vehicle plan check requirements. 11.36.610 Restricted use. 11.36.620 Equipment. 11 36 630 Bodv art temporary event requirements. 11 36 640 Sponsor requirements. 11 36 650 Permit requirements. 11.36 660 Operating requirements. 11.36.670 Record maintenance. Page 3 of 22 http://search.municode.com/htmU16274/_DATA/TITLEll/Chapter 11_36 BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS Part 4 TEMPORARY BODY ART ESTABLISHMENTS 11.36 680 General requirement... _ : _ . 11 36 690 Event requirements. 11 36 700 Sponsor requirements. 11 36 710 Permit requirements. 11 36.720 Ooeratina requirements. 11.36.730 Record maintenance. Part 5 EXPOSURE CONTROL TRAINING 11 36 740 Blood borne pathogen trainina course--Requirements 11 36 750 Blood borne oathogen training course--Examination. 11 36 760 Blood borne pathogen training course--Provider. Part 6 CIVIL FINES 11.36.770 Civil fines. 11.36.780 Amount. 11 36 790 Effect on permits. Part 7 REPEAL PROVISION 11.36.800 Reoeal. Part 1 GENERAL PROVISIONS Article 1 DEFINITIONS 11.36.010 Definitions generally. Page 4 of 22 A. For the purpose of this chapter, the words and phrases set forth are defined and shall be construed as hereinafter set out, unless it is apparent from the context that any such word or phrase has a different meaning. B. Whenever any word or phrase used in this chapter is not defined herein but is defined in state law or regulation or in another section of the Los Angeles County Code, the definition set forth in such state law or regulation or other section of the Los Angeles County Code is incorporated in this chapter as though set forth herein in full, and shall apply to such word and phrase used but not defined herein. (Ord. 99-0039 § 14 (part), 1999.) 11.36.020 Approved. htrn•//~earch.municode.com/html/16274/ DATA/TITLEll/Chapter 11 36 BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS "Approved" means meeting the minimum standards set forth and declared acceptable by the county health officer, the department, the State Department of Health Services or the United States Food and Drug Administration. (Ord. 99-0039 § 14 (part), 1999.) 11.36.030 Blood borne pathogen. "Blood borne pathogen" means any microorganisms that are present in human blood and that can cause disease in humans. Such pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HBC) and human immunodeficiency virus (HIV). (Ord. 99-0039 § 14 (Part), 1999.) 11.36.040 Blood borne pathogen standards. Page 5 of 22 "Blood borne pathogen standards" means any recognized law, ordinance, regulation or standard containing requirements or recommendations, which has been adopted by the department and is applicable to the control of blood borne pathogens in the conduct of any activities regulated by this chapter. (Ord. 99-0039 § 14 (part), 1999.) 11.36.050 Body art. "Body art" means to adorn the body through the permanent application of a tattoo or insertion of an object, such as jewelry, into a hole for display purposes. Body art is the collective term for any single activity or combination of activities defined herein and in Sections 22.08.200, 22.08.020 and 22.08.160, respectively, as tattooing, body piercing or permanent cosmetics. It shall not include activities-such as, or similar to, cutting of the skin or subcutaneous tissue, cutting or modification of cartilage or bone, implantation,-branding, deep tissue penetration, threading, stapling or any other invasive procedure, whether or not such act would constitute the practice of medicine requiring licensure as a physician. (Ord. 99-0039 § 14 (part), 1999.) 11.36.060 Body art activity. "Body art activity" means any temporary or permanent application, process of application, sterilization, sanitization, cleaning, preparation, implementation or other procedure, utilized in the conduct of body art or any associated activity, which is necessary to the conduct of body art, as defined in this chapter. (Ord. 99-0039 § 14 (part), 1999.) 11.36.070 Body art establishment. "Body art establishment" means any temporary or permanent premises, business, Iccation, facility, room, mobile facility, or any portion thereof, used or operated as a body piercing parlor as defined in Section 22.08.020, as a permanent cosmetics parlor as defined in Section 22.08.160, or as a tattoo parlor as defined in Section 22.08.200. (Ord. 99-0039 § 14 (part), 1999.) 11.36.080 Body art technician. "Body art technician" means a person that has completed an approved blood borne pathogen training course and is registered with the department to conduct body art activity, in a permitted body art establishment. (Ord. 99-0039 § 14 (part), 1999.) 11.36.090 Body art technician independent operator. "Body art technician independent operator' means a body art technician conducting body art activity at a permitted body art establishment, but who is not an employee of the owner of the http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_36 BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS Page 6 of 22 body art establishment. (Ord. 99-0039 § 14 jpart), 1999.) 11.36.100 Body art temporary event. "Body art temporary event" means an event, conference or meeting to demonstrate products, or .provide a venue for an industry trade show or to educate body art technicians, where a body art technician conducts body art activity. A body art temporary event shall not exceed 30 consecutive days in a 90 day period at a location. (Ord. 99-0039 § 14 (part), 1999.) 11.36.110 Body piercing. "Body piercing" means the creation of an opening in the human body for purpose of inserting jewelry or other decorations. This includes, but is not limited to, creating such an opening in the ear, lip, tongue, nose, eyebrow or navel for the purpose of inserting jewelry or other decorations. (Ord. 99-0039 § 14 (part), 1999.) 11.36.120 Client. "Client" means any person who meets all legal requirements set forth in this chapter and has given informed consent to have body art activity performed upon his or her person. (Ord. 99-0039 § 14 (part), 1999.)- 11.36.130 Consent form. "Consent form" means a document provided by the body art establishment or body art technician independent operator to each person requesting that any body art activity be performed upon his or her person. (Ord. 99-0039 § 14 (part), 1999.) 11.36.140 Contaminated. "Contaminated" means the presence or the reasonably anticipated presence of blood or other potentially infectious materials on a substance or in or on an item. (Ord. 99-0039 § 14 (part), 1999. ) 11.36.150 Contaminated waste. "Contaminated waste" means any contaminated substance, including but not limited to any liquid or semi-liquid blood or body fluid or any material that would release potentially infectious material in a liquid or semi-liquid state if compressed, or any contaminated sharps, or any items that are caked with dried blood or other potentially infectious material and are capable of releasing these materials during handling. (Ord. 99-0039 § 14 (part), 1999.) 11.36.160 County. "County" means the County of Los Angeles. (Ord. 99-0039 § 14 (part), 1999.) 11.36.170 Department. "Department" means the Los Angeles County department of public health. (Ord. 2006-0040 § 102, 2006: Ord. 99-0039 § 14 (part), 1999.) 11.36.180 Departmental regulations. httn•//.eeareh.municode.com/html/16274/ DATA/TITLEll/Chapter 11 36 BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS Page 7 of 22 "Departmental regulations" means the regulations pertaining tc body art activity and establishments promulgated by the department as currently written or as may from time to time be amended. When adopted by the department, these regulations are incorporated in and became part of this chapter. (Ord. 99-0039 § 14 (part), 1999.) 11.36.190 Existing owner. "Existing owner" means an owner of a body art establishment operating on the effective date of the ordinance codified. in this chapter.* {Ord. 99-0039 § 14 (part), 1999.) * Editor's note: Ordinance 99-0039, which enacted Ch. 11.36, is effective on July 1, 1999. 11.36.200. Exposure control plan. "'Exposure control plan" means a written plan that meets all requirements of Title 8 California Code of Regulations §§ 3203 and 5193, to minimize clients' and employees' risk of exposure to blood or potentially infectious material. (Ord. 99-0039 § 14 (part), 1999.) 11.36.210 Exposure incident. "Exposure incident" means a person's eye, mouth, other mucous membrane, non-intact skin or blood coming in contact with potentially infectious material as a result of body art activity. (Ord. 99-0039 § 14 (part), 1999.) 11.36.220 1 nstrument. "Instrument" means approved equipment, devices, and components utilized to conduct body art activity, including but not limited to needles, needle bars, needle tubes, forceps, hemostats, tweezers, or other items used to insert pigment or dye, or to pierce, puncture or be inserted into any part of the human body, or to assist in such acts, for the intended purpose of making a tattoo or permanent hole. Such items also include studs, hoops, rings, or other decorative jewelry, materials or apparatuses. (Ord. 99-0039 § 14 (part), 1999.) 11.36.230 Manager. "Manager" means the owner or other person designated by the owner to be the owner's on-site representative in a body art establishment, who shall meet the criteria and comply with the provisions set forth in Section 11.36.440. (Ord. 99-0039 § 14 (part), 1999.) 11.36.240 Mobile body art establishment. "Mobile body art establishment" means a vehicle, conveyance or other mobile platform approved for use by the department as a body art establishment. (Ord. 99-0039 § 14 (part), ':999.) 11.36.250 Owner. "Owner" or "operator' means the person, persons or legal entity having legal ownership of a business operating as a body art establishment. Any reference in this chapter to "owning" means having existing owner status. (Ord. 99-0039 § 14 (part), 1999.) 11.35.260-Permanent cosmetics. "Permanent cosmetics" means any application of pigment to or under the skin of a person for the http://search.municode.com/html/16274/ DATA/TITLEll/Chapter_ll_36 BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS Page 8 of 22 purpose of permanently or semi-permanently changing the color or appearance of the skin. This includes, but is not limited to, permanent or semi-permanent eyeliner, eye shadow, or lip color. (Ord. 99-0039 § 14 (part), 1999.) 11.36.270 Permanent hole. "Permanent hole" means a hole produced by piercing or puncturing any part of the body with instruments intended to leave an opening in body tissue in which a device or apparatus may be inserted. Permanent hole includes any body part newly pierced or punctured which is undergoing a healing process, and any piercing or puncture whether or not removal of the device or apparatus from the perforation would result in fusing of the tissue structures. (Ord. 99-0039 § 14 (part), 1999.) 11.36.280 Potentially infectious material "Potentially infectious material" means human body fluids, including but not limited to, semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, and any other body fluid that is visibly contaminated with blood such as saliva or vomitus, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids. (Ord. 99-0039 § 14 (part), 1999.) 11.36.290 Registration. "Registration" means the process as set forth in Section 11.36.320 whereby persons wishing to be body art technicians file a completed registration form with the department as a prerequisite to conducting body art activities in any jurisdiction wherein this chapter is in force. Registration by the department shall not mean the registered body art technician has demonstrated to the department's satisfaction that the bearer has a level of competency sufficient to practice in this field. Registration shall remain valid for no more than three years. (Ord. 99-0039 § 14 (part), 1999.) 11.36.300 Tattoo. "Tattoo' means to insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. (Ord. 99-0039 § 14 (part), 1999.) 11.36.310 Temporary body art establishment. "Temporary body art establishment" means a location that is approved by the department as a body art establishment in conjunction with a temporary body art event. The temporary body art event shall be held for no more than 30 consecutive days in a 90 day periotl at a location. (Ord. 99-0039 § 14{part), 1999.) Article 2 GENERAL REQUIREMENTS 11.36.320 Registration. _ __ _.._. _,. __ _ ..._ ,_ . _.. _ _ A. Every person conducting body art activity as defined in this chapter, or desiring to conduct such activity, on or after the effective date of the ordinance codified in this chapter,* shall file with the department a completed registration form, accompanied by the applicable fee as set bylaw. B. No person may be registered unless he or she is at least 18 years of age. C. Every person registering with the department to conduct body art activities must comply with http://search.municode.corn/htmU16274/ DATA/'I'ITLEl l/Chapter_l 1_36 BODY ART... i 1/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS Page 9 of 22 the provisions for registration established through departmental regulations. D. Failure to provide all information required by departmental regulations or submission of false or misleading information shall make the registration invalid. E. The registrant shall be deemed registered with the department as a body art technician upon provision of a certificate of registration to the registrant by the department, Until such time as a certificate of registration is issued, the person is not authorized to conduct body art activity. F. Any registration issued by the department certifying that a person is registered with the department as a body art technician is nontransferable and is valid only-for the person to whom it is issued. G. Registration shall be valid for three years from date of issuance unless made invalid earlier due to the registrant's failure to comply with departmental regulations. Upon expiration, any person desiring to continue to conduct body art activity must renew his or her registration and provide all required documentation, as specified inthis section. (Ord. 99-0039 § 14 (part), 1999.) * Editor's note: Ordinance 99-0039, which enacted Ch. 11.36, is effective on July 1, 1999. 11.36.330 Permits. A. Every person owning a body art establishment shall, within six months of the effective date of the ordinance codified inthis chapter,* obtain a public health facility permit pursuant to the provisions of Article 3 of this chapter. B. Every person conducting body art activity shall, within six months of the effective date of this chapter,* obtain a public health operator permit pursuant to the provisions of Article 3 of this chapter. (Ord. 99-0039 § 14 (part), 1999.) * Editor's note: Ordinance 99-0039, which enacted Ch. 11.36, is effective on July 1, 1999. Article 3 PLAN REVIEW--PERMIT--REGISTRATION 11.36.340 Plan review. A. No later than 60 days after the effective date of the ordinance codified in this chapter,* an existing owner must submit to the department three sets of complete legible plans of his or her. body art establishment, drawn to scale, which shall include all specifications required under this chapter, The department will review the plans and approve or reject them within a reasonable time of submission. Nothing in this section shall require that plans or specifications be prepared by anyone other than the applicant. B. A person proposing to build or remodel a body art establishment or modify any vehicle or conveyance to be a mobile body art establishment, shall submit to the department complete legible plans, drawn to scale, which shall include all specifications required under this chapter.. The department will. review the plans and approve or reject them within a reasonable time after permit to build a body art establishment or a mobile body art establishment or to remodel an existing body art establishment, mobile body art establishment or temporary body art establishment until it has received verification the department has completed such a plan review and given its approval. Nothing in this section shall require that plans or specifications be prepared by anyone other than the applicant. (Ord. 99-0039 § 14 (part), 1999.) * Editor's note: Ordinance 99-0039, which enacted Ch. 11.36, is effective on July 1, 1999. 11.36.350 Public health facility permit. A. Each person owning a body art establishment shall obtain a public health facility permit by meeting the requirements enumerated in departmental regulations. B. Upon review and verification that the owner has met the requirements enumerated in departmental regulations, the department shall issue a public health facility permit to the owner. C. No person may conduct any body art activity in a body art establishment unless that facility has a valid public health facility permit issued by the department. However, an existing owner http://search.municode.com/htmU16274/_DATA/TIT-LEll/Chapter_ll_36 BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS Page 10 of 22 must obtain such a valid public health facility permit within six months of the effective date of this chapter.* D. The department may at any time suspend or revoke the public health facility permit to operate as a body art establishment for failure to comply with any provision of this chapter. E. If a public health facility permit has been suspended'or revoked by the department pursuant to this chapter, the permit may be reinstated by the department provided the department is satisfied that the cause for the suspension or revocation no longer exists and the condition of the body art establishment now meets the requirements for issuance of such public health facility permit pursuant to this chapter. The department may require the owner of such a body art establishment to make any changes necessary to comply with this chapter, satisfy any fines imposed pursuant to this chapter and to submit plans and specifications reflecting any required changes, as a condition of reinstating the public health facility permit. F. Any public health facility permit issued by the department to the owner of a body art establishment is nontransferable. The public health facility permit shall be valid for the approved facility only, and for the time period indicated, unless suspended or revoked. (Ord. 99-0039 § 14 (Part), 1999.) Editor's note: Ordinance 99-0039, which enacted Ch. 11.36, is effective on July 1, 1999. 11.36.360 Public health operator permit. A. In addition to registering as set forth in Section 11.36.320, persons operating as a body art technician or a body art technician independent operator, or intending to do so, shall obtain a public health operator permit by filing a completed application form with the department and paying the required fee, and providing proof of registration as a body art technician with the department. 1. During the year immediately following the effective date of this chapter,* public health operator permits may be issued on a conditional basis. A person issued a conditional permit shall have up to six months from his or her date of application to provide the department with proof of successful completion of a blood borne pathogen training course that has been approved by the department. Failure to provide such proof within the prescribed time shall cause the person's conditional public health operator permit to be canceled forthwith. 2. At all times after one year following the effective date of this chapter,* each applicant must also provide the department with proof of successful completion of a blood borne pathogen training course that has been approved by the department. B. Upon successful completion of the application process described in subsection A of this section, the department shall issue a public health operator permit to the applicant. C. No person may conduct any body art activity in any jurisdiction adopting this chapter unless that person has a valid public health operator permit issued by the department. D. The department may at any time suspend or revoke the public health operator permit for failure to comply with any provision of this chapter. E. If a public health operator permit has been suspended or revoked by the department pursuant to this chapter, the permit may be reinstated by the department provided the department is satisfied that the cause for the suspension or revocation no longer exist and that the body art technician has met the requirements for issuance of such public health operator permit pursuant to this chapter. The department may require the body art technician to take any steps necessary to comply with this chapter, and satisfy any fines imposed pursuant to this chapter as a condition of reinstating the public health operator permit. F. Any public health operator permit issued by the department to a body art technician is nontransferable: The public health operator permit shall be valid for the approved body art technician only, and for the time period indicated, unless earlier suspended or revoked. (Ord. 99- 0039 § 14 (part), 1999.) * Editor's note: Ordinance 99-0039, which enacted Ch. 11.36, is effective on July 1, 1999. 11.36.370 Posting requirements. A. The public health facility permit issued to the owner of any facility operating as a body art establishment must be posted and exhibited at all times in an area that is visible to the public and clients of said establishment. httn://search.municode.com/htmU16274/ DATA/TITLEll/Chapter 11 36 BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS Page 11 of 22 B. The public health-operator permit issued td a body art technician must be posted and exhibited at aII times in an area that is visible to the public and clients of any body art establishment in which the body art technician is conducting body art activity. C. Every person registered with the department as a body art technician shall at all times prominently post the certificate of registration adjacent to his or her workstation in an area that is readily visible to clients from that location. D. Every establishment permitted to conduct body art activity pursuant to this chapter shall have posted at all times a legible sign at least one inch in lettering, that provides the following information so alto be clearly visible to patrons eritering the establishment: Any public health concerns regarding this establishment should be directed to the Los Angeles County Department of Health Services Office: (the orooram office address and telephone number to be provided by the county health officer). E. Every establishment permitted to conduct body art activity pursuant to this chapter shall have posted at all times a legible sign in at least one inch lettering that provides the name of each body art technician conducting body art activities within the establishment in an area that is easily visible to the clients of said establishment. F. Every establishment permitted to conduct body art activity pursuant to this chapter shall have posted at all times a legible sign in at least one inch lettering in each restroom directing attention to the need for persons using the toilet to thoroughly wash their hands after such use. G. Every establishment permitted to conduct body art activity pursuant to this chapter shall have posted at all times a legible sign in at least two inch lettering at ait workstations and cleaning rooms or areas, indicating that smoking is prohibited. (Ord. 99-0039 § 14 (part), 1999.) 11.36.380 Permit and registration--Reporting requirements. Every person having a public health permit or registration with the department under the provisions of this chapter shall report to the department any changes in status to the business or activities made reportable by departmental regulations within 15 days of the change. (Ord. 99- 0039 § 14 (part), 1999.) 11.36.390 Permit--Suspension and revocation and fines. A. Any permit issued pursuant to this chapter may be suspended or revoked by the department and fines consistent with the provisions of this chapter may be imposed by the department for a violation of this chapter or any other violation of law or standard creating a risk to public health and safety, including any violation of the Los Angeles County Code, the California Health and Safety Code, the blood borne pathogen standard, or the exposure control plan of the body art establishment at which body art activity is conducted, or any combination of such violations. B. Whenever the department finds that a body art technician is not in compliance with the requirements of this chapter, or any law or standard affecting public safety, including but not limited to the Los Angeles County Code, the California Health and Safety Code, blood borne pathogen standard, or the exposure control plan of the establishment at which body art activity is conducted, or any combination thereof, a written notice to comply shall be issued to the body art technician. The notice to comply shall include a statement of the deficiencies found, set forth the corrective measures necessary for the body art technician to be in compliance with this chapter, provide a compliance date by which such corrective measures must be completed and inform the body art technician that failure to comply within the prescribed time may result in the imposition of any penalty provided for in this chapter, including suspension and/or revocation of any and all permits or registrations. The notice to comply shall also advise the body art technician of his or her right to an administrative review under the provisions of this chapter. C. Whenever the department finds that an owner is not in compliance with the requirements of this chapter, or any law or standard affecting public safety, including but not limited to the Los Angeles County Code, the California Health and Safety Code, the blood borne pathogen http://search.municode.com/html/16274!_DATA/TITLEll/Chapter_ll_36 BODY ART... 11/12/2010 _ _ __ ____ Chapter 11.36 BODY ART ESTABLISHMENTS Page 12 of 22 standard, or the exposure control plan of the establishment at which body art activity is conducted, or any combination thereof, a written notice to comply shall be issued to the owner. The notice to comply shall include a statement of the deficiencies found, set forth the corrective measures necessary for the owner to be in compliance with this chapter, provide a compliance date by which such corrective measures must be completed and inform the owner that failure to comply within the prescribed time may result in the imposition of any penalty provided for in this chapter, including suspension and/or registration of any and all permits or registrations. The notice to comply shall also advise the owner of his or her right to an administrative review under the provisions of this chapter. D. A written request for an administrative review, as specified in subsections B and C of this section, above, must be made by the noticed person within 15 calendar days of the compliance date set forth in the notice to comply or any extension thereof later granted by the department. Failure to request an administrative review within the prescribed time shall be deemed a waiver of the right to an administrative review. The administrative review shall be held within 15 calendar days of the receipt of a written request for a review. Upon written request of an owner or body art technician or on its own motion, the department may advance or postpone the scheduled administrative review date, ifigood cause warrants such action. E. In the case of an administrative review, the department shall issue a written notice of decision to the subject person within five working days of the administrative review or waiver. In the event of suspension or revocation of any permit or registration, the notice of decision shall specify the acts or omissions found to be violations of this chapter and, in the case of a suspension, shall state the extent of a suspension. The notice of decision shall also state the reasons the body art technician's public health operator permit or an owner's public health facility permit has been suspended or revoked and the terms upon which such permit may be reinstated or reissued, if any. F. Notwithstanding any other provision of this chapter, if any immediate danger to the public health or safety is found or is reasonably suspected; unless the condition is corrected forthwith, the department may immediately suspend any permit or registration issued pursuant to this chapter, initiate a criminal complaint and/or impose any fine permitted by this chapter, pending a determination of an administrative review as provided herein. Immediate danger to the public health and/or safety shall include any condition, based upon inspection findings or other evidence, that can cause, or is reasonably suspected of causing, infection or disease transmission, or any known or reasonably suspected hazardous condition. 1. Whenever a public health operator permit or public health facility permit issued pursuant to this chapter is immediately suspended or a fine is imposed as the result of an immediate danger to the public health or safety, the department shall issue to the permittee so suspended or fined, a written notice to comply setting forth the acts or omissions with which the permittee is charged, specifying the sections of the Los Angeles County Code, California Health and Safety Code, blood borne pathogen standard, or the exposure control plan of the establishment at which body art activity is conducted, or the combination of alleged violations, and informing the permittee of the right to an administrative review. 2. At any time within 15 calendar days of service of such notice to comply, the permittee affected may request, in writing, an administrative review by the department to show cause why the imposed suspension or fine is unwarranted. The administrative review shall be held within 15 calendar days of the receipt of a request. A failure to request an administrative review within 15 calendar days shall be deemed a waiver of the right to such review. 3. At any time prior to an administrative review or waiver thereof, the recipient of a notice to comply issued pursuant to this subsection F, may correct the defciencies noted in the notice to comply and request a reinspection. 4. In the case of a request for reinspection as set forth in subsection F3, above, the department shall reinspect as soon as practical and, in no event, later than the end of the third business day following the request for reinspection. In the event the defciencies noted in the notice to comply are corrected to the satisfaction of the health officer, the department has discretion to reinstate or modify any suspension of a permit and cancel or modify any fine imposed pursuant to this subsection F. If the department determines that the deficiencies noted iri the notice to comply have been corrected, but the department elects not-to reinstate the suspension or cancel the fine imposed pursuant to this subsection F, the department shall notify the permittee of this decision in writing. The permittee shall have 15 calendar days from receipt of said notification to seek art administrative review of this decision. 5. If upon reinspection, any deficiency noted in a notice to comply is not corrected to the satisfaction of the department, the department's decision regarding the deficiency may be the httn~//search.municode:com/htmU16274/ DATA/I'ITLEll/Chapter 11 36 BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS Page 13 of 22 subject of an administrative review. The time for requesting such administrative review remains 15 days from service of the original notice to comply. G. The department may, after an administrative review or waiver thereof, modify, suspend, or revoke or continue all such action previously imposed upon a public health operator permit or public health facility permit issued pursuant to this chapter or impose any fine allowed herein for violations of this chapter or any other laws or standards affecting public health and safety, including but not limited to the Los Angeles County Code, the California Health and Safety Code, the blood borne pathogen standard, or the exposure control plan of the establishment at which body art activity is conducted, or any combination thereof, or for interference with a county health officer's performance of duty. H. A public health operator permit issued or a public health facility permit issued pursuant to this chapter may be reissued or reinstated, if the department determines that the conditions which prompted the suspension or revocation no longer exist and any fine imposed pursuant to this chapter has been satisfied. I. A body art technician whose public health operator permit is suspended or revoked shall cease all body art activity unless and until the permit is reinstated or reissued. J. In the event a public health facility permit is suspended or revoked, the owner of the body art establishment shall cease to operate said facility as a body art establishment unless and until the public health facility permit is reinstated or reissued. (Ord. 99-0039_ § 14 (part), 1999.) Article 4 COMPLIANCE AND ENFORCEMENT 11.36.400 Compliance with chapter provisions required. A. The provisions of this chapter are in full force and effect in the county and in every municipal jurisdiction in the county adopting this chapter. B. Except as exempted under this chapter, every person who conducts a body art activity, as defined in this chapter, including any person owning or operating any business or establishment regulated by this chapter, must comply with the provisions of this chapter. Each person receiving services resulting from activities regulated by this chapter must also comply with the provisions of this chapter. C. Any person who operates a body art establishment without a valid public health facility permit, any person conducting any body art activity without a valid public health operator permit, unless exempted pursuant to this chapter, or any person, who violates any law, ordinance or regulation governing any activity regulated by this chapter, or who, upon demand of the county health officer, refuses or neglects to conform to a lawful order or directive of a county health officer pertaining to conduct regulated by this chapter, is guilty of a misdemeanor, punishable by fine of $1,000.00, imprisonment in the county jail for a period not to exceed six months, or both. Each such act is punishable as a separate offense, and each subsequent day that an act continues constitutes a separate act punishable as a separate offense. D. Operating a body art establishment in violation of any provision of this chapter constitutes a misdemeanor, punishable as provided herein. E. Except as specified in an approved variance issued pursuant to subsection F of this section, it is unlawful for any person to conduct any body art activity in any manner not conforming with the provisions. of this chapter. F. Any person seeking to conduct any activity or operate an establishment regulated by this chapter in a nonconforming manner must apply to the department for a variance. Such application must include a detailed description of the proposed nonconforming activity, including but not limited to describing all involved equipment, instruments, processes, procedures and methods. The application must also include any available documentation that verifies that the nonconforming activity, when conducted as proposed, provides adequate safeguards to the public health and safety. In addition, the person seeking a variance must provide apre- addressed envelope with postage paid. The application will be reviewed and approved or denied by the department, and the decision will be mailed to the applicant using the provided envelope. No person may conduct any activity or operate an establishment regulated by this chapter in a nonconforming manner without having an approved variance from the department in his or her possession. (Ord. 99-0039 § 14 (part), 1999.) http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_36 BODY ART... 11/12/2010 Chapter 11.3b BODY ART ESTABLISHMENTS 11.36.410 Communicable disease control. Page 14 of 22 If the department has reasonable cause to suspect a communicable disease is, or may be transmitted by any person conducting activities regulated by this chapter, or by any use of contaminated equipment, or by other unsanitary or unsafe conditions which may adversely impact the public health and safety, the department may do any or all of the following: A. Issue an order excluding from the permitted body art establishment any person responsible for transmitting a communicable disease, or reasonably believed to be responsible for transmitting a communicable disease, or reasonably believed tq pose a substantial risk of transmitting a communicable disease, until the department determines there is no further risk to the public health and safety; B. Issue an order to immediately suspend the public health facility permit issued to the owner of the body art establishment until the department determines there is no further risk to the public health and safety; C. Issue an order to an owner, an employee or a client of a body art establishment, to provide information reasonably deemed necessary to prevent the spread of communicable disease. (Ord. 99-0039 § 14 (part), 1999) 11.36.420 Health officer--Enforcement. A. The county health officer may enter and inspect any body art establishment or enter and inspect any location suspected of conducting any activity regulated by this chapter, and, for purposes of enforcing this chapter, the county health officer may issue notices and impose fines therein and take possession of any sample; photograph, record or other evidence, including any documents bearing upon the body art establishment's or body art technician's compliance with the provision of the chapter. Such inspections may be conducted as often as necessary to ensure compliance with the provisions of this chapter: The county health officer shall prepare a written report of the results of the inspection and provide a copy of such report to the owner or body art technician, as appropriate. In the event any person is cited in the report for a violation of this chapter, the cited person will be provided a notice to comply by either personal service or by first class mail to the cited person's last known address or to his or her place of employment. B. Based upon inspection findings or other evidence, the county health officer may do any of the following: 1. Impound any equipment, device or supply that is found to be unsanitary, lacking any required approval, or otherwise in such condition that it poses a substantial risk to endanger the public health and safety; 2. Attach a tag to any equipment, device or supply that is found to be unsanitary, lacking any required approval, or is otherwise in such condition that it poses a substantial risk to endanger the public health and safety, which designates the tagged item as unauthorized for use. No person shall use the tagged item or move or remove the tag without authorization from the department. The department shall commence an administrative review within 30 days of an action impounding or tagging an item to assess the propriety of such action, or release said impounded item or remove the tag from said tagged item. C. Within 90 days of the enactment of this chapter,' the department shall establish. departmental regulations, a copy of which shall be made available at no charge, upon request. As determined necessary by the department, the department may, from time to time, amend the departmental regulations. A copy of amendments shall also be made available at no charge, upon request. (Ord. 99-0039 § 14 (part), 1999.} * Editor's note: Ordinance 99-0039, which enacted Ch. 11.36, was enacted on June 1, 1999. 11.36.430 Owner responsibility. The owner of a body art establishment. is responsible for any violation by any person who does any body art activity with the owner's consent in the owner's body art establishment whether such person is an employee or a body art technician indeperident operator: Any such body art activity done with the owner's actual or constructive knowledge is presumed to be done with the owner's consent. (Ord. 99-0039 § 14 (part), 1999.) httn://search.municode.com/html/16274/ DATA/TITLEll/Chapter_ll_36 BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS 11.36.440 Manager--Requirements. Page 15 of 22 A manager must have successfully completed the blood-borne pathogen training required for registrants under this chapter, be familiar with the provisions of this chapter and be capable of communicating the provisions of this chapter to employees and clients of the body art establishment wherein he or she acts as manager. A manager shall be present in the body art establishment during business hours and at all times during which body art activity is conducted therein. The manager shall immediately identify himself or herself to any county health officer entering the body art establishment on official county business. In the owner's absence, the manager shall be authorized to accept on behalf of the owner any notice issued to the owner pursuant to the provisions of this chapter. (Ord. 99-0039 § 14 (part), 1999.) 11.36.450 Facilities held in common or shared. A violation of any provision of this chapter occurring in an area of a facility held in common or shared by more than one body art establishment, which is related to the condition of the facility or any requirement for obtaining or maintaining a public health facility permit, shall be deemed a violation for which the owner of each such body art establishment is responsible. (Ord. 99-0039 § 14 (part), 1999.) 11.36.460 Noncompliance with county health officer--Injunctive relief Any act or failure to act which is a violation of this chapter may be the subject of a civil action to enjoin the person so acting or failing to act to conform his or her conduct to the provisions of this chapter. A civil action to enforce the provisions of this section may be brought by the county counsel, the district attorney or any person directly affected by said failure to comply with the provisions of this chapter. The filing and prosecution of such an action shall, in no way, limit the authority or ability to impose other requirements of this chapter or penalties enumerated hereunder. (Ord. 99-0039 § 14 (part), 1999.) 11.36.470 Exemptions. A. A physician licensed by the state of California under the Business and Professions Code, Chapter 5 (commencing with Section 2000 of Division 2) who utilizes body art activities as part of patienYtreatment is exempt from the registration and permitting requirements of this chapter. B. A person who exclusively engages in the piercing of the leading edge or earlobe of the ear shall be exempt from the permitting and registration requirements of this chapter, provided he or she does the following: 1. Performs the procedure through the use of an approved ear perforating mechanical device to force the single-use stud or single-use needle through the tissue of the ear; and 2. Utilizes a sterile, disposable, single-use stud or single-use solid needle. (Ord. 99-0039 § 14 (Part), 1999) 11.36.4$0 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter or the application of such provision to other persons or circumstances shall not be affected thereby. (Ord. 99-0039 § 14 (part), 1999.) Part 2 OPERATIONS Article 1 EXPOSURE CONTROL PLAN AND REPORTING httro://search.municode.com/htmU16274/ DATAlTITLEll/Chapter 11_36 BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS 11.36.490 Exposure control plan. Page 16 of 22 The owner of every body art establishment shall provide a written exposure control plan, approved by the department; which shall be applicable to all those who perform body art activities within said establishment, describing how the requirements of this chapter will be implemented. The exposure control plan shall meet requirements established in departmental regulations. (Ord. 99-0039 § 14 (part), 1999.) 11.36.500 Reporting requirements--Complications. All infections, complications or diseases resulting from the bbdy art activity which become known to the owner or body art technician shall be reported to the department by the informed person within 24 hours of acquiring such knowledge. Should department offices be closed at such times as to make notification within 24 hours impossible, the informed person shall mail written notification to the department within 24 hours of acquiring such knowledge and follow this by providing the deparmeht with oral notification within five working days of acquiring the knowledge. (Ord. 99-0039 § 14 (part), 1999.) 11.36.510 Equipment and instruments. All equipment and instruments utilized in conducting body art activity shall be used and maintained in accordance with departmental regulations. (Ord. 99-0039 § 14 (part), 1999.) 11.36.520 Record maintenance. A. The owner of the body art establishment shall maintain records as required by departmental regulations. B. Upon cessation of business, the owner of the body art establishment shall forward to the department copies of all records maintained pursuant to this chapter or other departmental policies. Said copies must be provided to the department within 30 calendar days of closure. The revocation of a public health facility permit issued to an owner of a body art establishment shall be deemed a cessation of business far purposes of this subsection upon exhaustion or waiver of the rights to appeal such revocation. (Ord. 99-0039 § 14 (part), 1999.) Article 2 CLIENTS 11.36.530 Application for body art procedure--Consent form. A. All persons desiring a body art activity shall complete an application for body art activity and a consent form, which shall be provided by the establishment or body art technician independent operator and which must meet the requirements established in departmental regulations. It is the responsibility of the body art technician or body art technician independent operator to ensure the prospective client completes the form and initials it in such manner as to fully demonstrate that he or she has been informed of the risks and side effects directly and indirectly associated with the body art activities requested and gives his or her informed consent to have the contemplated activity performed. B. The body art technician shall advise the client orally of all information contained on the application and consent form prior to the client completing and initialing the consent form and prior to commencing any body art activity. The body art technician shall explain all aftercare instructions. The client shall indicate receipt of oral and written aftercare instructions by initialing the consent form in the appropriate box or area. Upon completion of the body art activity, the body art technician shall repeat the after care instructions and precautions to the client, and the client shall initial and date at the appropriate place on the consent form to indicate this has occurred. http://search.municode.com/html/16274/_DATA/TITLEll/Chapter_ll_36 BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS Page 17 of 22 C. The establishment shall retain the original of the completed application for body art activity and consent form, and a copy shall be provided to the client. (Ord. 99-0039 § 14 (part), 1999.) 11.36.540 Restricted clients. Nipple and genital piercing shall not be performed on any person under 18 years of age. Tattoos and permanent cosmetics shall not be applied to any person under 18 years of age, except when authorized by a physician and performed with the consent and in the presence of the person's parent or guardian. Persons under 18 years of age may receive body piercing to body parts other than nipples or genitalia provided the body piercing is performed with the consent and in the presence of the person's parent or guardian. For any procedure restricted under this section to persons age 18 years of age or older or requiring the presence and consent of the person's parent or guardian, both the minor and his or her parent or guardian shall provide a valid picture identification, provide proof of parentage or legal guardianship and complete a consent form which conforms with the requirements established in departmental regulations. Tattooing, permanent cosmetics, or body piercing shall not be performed on skin surfaces which have sunburn, rash, pimples, infection, open lesions, mole, or manifest any evidence of unhealthful conditions, without a physician's written statement authorizing the body art activity under such condition. Body art activity shall not be performed on any person who, in the opinion of the body art technician, has impaired judgement due to use of drugs or alcohol or for any other reason. (Ord. 99-0039 § 14 (part), 1999.) Article 3 PROCEDURE 11.36.550 Technician condition. A. No body art technician whose judgment is impaired for any reason shall perform any body art activity while in such condition. B. No body art technician affected with a rash, infection, boils, infected wounds, open sores, abrasions, keloids, weeping dermatological lesions, or acute respiratory infection shall conduct any body art activity or work in any area of a body art establishment in any capacity in which there is a likelihood that such person could contaminate instruments, equipment, or surfaces or come in contact with another person. (Ord. 99-0039 § 14 (part), 1999.) 11.36.560 Procedures and preparation. Body art activities shall be conducted in accordance with the sanitation and preparation procedures set forth in departmental regulations. (Ord. 99-0039 § 14 (part), 1999.) 11.36.570 Hepatitis B vaccination status--Declination. A body art technician shall make available upon request his or her hepatitis B vaccination information as required by departmental regulations. (Ord. 99-0039 § 14 (part), 1999.) Article 4 RESTRICTIONS 11.36.580 Prohibited procedures and activities. It is a violation of this chapter for any person to perform or conduct any activities or procedures upon any person that endanger the tieaith or safety of that person, regardless of the consent of the recipient. httn://search.municode.com/html/16274/ DATA/TITLEll/Chapter_ll_36 BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS Page 18 of 22 An invasive procedure or activity, whether or not such procedure or activity constitutes the practice of medicine under the applicable law, endangers the recipient's health and safety unless performed by a person possessing medical expertise. Such prohibited procedures and activities include but are not limited to activities or procedures requiring an injection, cutting of skin or subcutaneous tissue or bone, implantation, branding, deep tissue penetration, threading, stapling, suturing, stitching or pocketing of skin or tissue, or any procedure to reduce the size of or close an orifice, or remove or reduce the size of any skin, cartilage, tissue, organ, or appendage or placement of chemicals or substances onto the skin for purposes of scarring or keloid formation or insertion of chemicals or other solutions into or under the skin surface. Any such procedure or activity shall be conducted only by a licensed medical doctor or by a person specifically authorized by law to conduct the procedure or activity and only when otherwise permitted by law. Such procedure or activity shall only be conducted at a facility approved for the conduct of such procedure or activity by the appropriate authority under the applicable laws. Further, no such procedure or activity shall be conducted by a body art technician unless he or she is specifically authorized by law to perform such procedure or activity. It is a violation of this chapter for any person to use in the conduct of body art activity or dispense any drug, chemical, agent or device that requires a licensed medical practitioner's authorization or prescription for use, application or to dispense, without such medical practitioner's authorization or prescription. (Ord. 99-0039 § 14 (part), 1999.) Part 3 MOBILE BODY ART ESTABLISHMENTS 11.36.590 General requirement. In addition to complying with all of the other requirements of this chapter, mobile body art establishments and body art technicians conducting body art activity from a mobile body art establishment shall also comply with all of the provisions of this Part 3. (Ord. 99-0039 § 14 (part), 1999. ) 11.36.600 Vehicle plan check requirements. A. A person applying for a public health facility permit to use a vehicle as a mobile body art establishment shall submit detailed plans and specifications of the vehicle to the department for approval. The vehicle shall be made available to the department for inspection, at a time and place prescribed by the department, prior to issuance of a public health facility permit. The applicant shall pay all required fees to the department at the time of application. B. Department approval of a vehicle shall be valid for one year, unless modifications are made to the vehicle after the date of approval, in which case the owner must reapply in accordance with the provisions of this chapter. (Ord. 99-0039 § 14 (part), 1999.) 11.36.610 Restricted use. The mobile body art establishment shall be used only for the purpose of performing body art activities at a body art temporary event. No habitation or cooking is permitted inside the vehicle. (Ord. 99-0039 § 14 (part), 1999.) 11.36.620 Equipment. A mobile body art establishment shall be equipped in accordance with and otherwise meet all requirements of departmental regulations. (Ord. 99-0039 § 14 (part), 1999.) 11.36.630 Body art temporary event requirements. At least 30 days in advance of the event, any person requesting to use a vehicle at a body art http://search.municode.com/html/16274/ DATA/TITLEll/Chapter_1l_36 BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS Page 19 of 22 temporary event for the purpose of conducting body art activity shall submit detailed plans and specifications of the event, as required by departmental regulations, to the departmeht for approval. (Ord. 99-0039 § 14 (part), 1999.) 11.36.640 Sponsor requirements. At least 30 days in advance of the event, a body art temporary event sponsor that is providing space at an event for a mobile body art establishment shall submit detailed plans and specifications of the event, as required by departmental regulations, to the department. (Ord. 99- 0039 § 14 (part), 1999.) 11.36.650 Permit requirements. A. A public health facility permit shall only be issued to the owner of a mobile body art establishment that meets department standards and otherwise conforms to the provisions of this chapter, and such permit shall only be issued to authorize body art activities in conjunction with a body art temporary event. The permit period may not exceed 30 consecutive days or the duration of the event, whichever is the shorter period of time. Multiple public health facility permits shall not be issued to an owner to operate a mobile body art establishment for any period of time totaling. more than 30 consecutive days in any 90 day period. A separate public health facility permit shall be required for each body art temporary event. The public health facility permit shall not be transferable from one mobile body art establishment to any other body art establishment. B. An unpermitted body art technician desiring a public health operator permit to conduct body art activities at a temporary body art event shall obtain a permit under the provisions of this chapter at least 30 days in advance of the temporary body art event. No body art activity may be conducted at any mobile body art establishment by any person who has not obtained a public health operator permit pursuant to the provisions of this chapter. Such public health operator permit is valid only for conducting body art activity in mobile body art establishments approved by the department and only for such dates and times that the department has approved such an establishment for a permit. C. A body art technician holding a valid public health operator permit issued by the department who intends to conduct body art activity at a temporary body art event must notify the department in writing at least 15 days in advance of the temporary body art event that he or she intends to conduct body art activity at such event, provide the name of the owner of the mobile body art establishment in which the body art activity will be conducted and specify the body art activity he or she intends to conduct. D. The owner of a mobile body art establishment shall be responsible for ensuring compliance with all other applicable regulations and requirements, including, but not limited to, zoning, permit and business license requirements. E. All establishment and operator permits and other information required by this chapter to be posted shall be posted in clear view of the clients. (Ord. 99-0039 § 14 (part), 1999.) 11.36.660 Operating requirements. Body art technicians conducting any body art activity in a mobile body art establishment shall do so in conformance with the provisions of this chapter. All such hotly art activity shall be conducted in a mobile body art establishment that has onboard a public health facility permit issued by the department valid for that vehicle, time and place. No such body art activity may be performed outside of the enclosure of the mobile body art establishment. Mobile body art establishments shall provide full protection from contamination, filth, and debris to all instruments, equipment, devices, surfaces, clients and body art technicians. (Ord. 99-0039 § 14 (part), 1999.) 11.36.670 Record maintenance. The operator must maintain all records and documents in accordance with the provisions established in departmental regulations. (Ord. 99-0039 § 14 (part), 1999.) htt+r//Parch mnnicnAe enm/html/16274/ DATA/'I'ITLEll/Chapter ll 36 BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS Page 20 of 22 Part 4 TEMPORARY BODY ART ESTABLISHMENTS 11.36.680 General requirement. In addition to complying with all of the other requirements of this chapter, temporary body art establishments and body art technicians conducting body art activity from a temporary body art establishment shall also comply with all of the provisions of this Part 4. (Ord. 99-0039 § 14 (part), 1999. ) 11.36.690 Event requirements, At least 30 days in advance of the event, any person requesting approval to conduct body art activity in cgnjunction with a body art temporary event shall submit detailed plans and specifications of the event, as required by departmental regulations, to the department for approval. The person requesting such approval must meet all requirements established in departmental regulations for a body art temporary event. (Ord. 99-0039 § 14 (part), 1999.) 11.36.700 Sponsor requirements. A body art temporary event sponsor that is providing space at an event for a temporary body art establishment shall submit detailed plans and specifications of the event in accordance with departmental regulations to the department at least 30 days prior to commencement of-the event. The sponsor must also meet all other requirements established in departmental regulations for temporary body art. events. (Ord. 99-0039 § 14 (part), 1999.) 11.36.710 Permit requirements. A. A public health facility permit shall only be issued to the owner of a temporary body art establishment that meets department standards and otherwise conforms to the provisions of this chapter. Such permit shall only be issued to authorize body art activities in conjunction with a body art temporary event. The permit period may not exceed 30 consecutive days or the duration of the event, which ever is the shorter period of time. Multiple public health facility permits shall not be issued to an individual to operate a temporary body art establishment for any period of time totaling more than 30 consecutive days in any 90 day period. A separate public health facility permit shall be obtained for each body art temporary event. The public health facility permit shall not be transferable from one temporary body art establishment to any other body art establishment. B. An unpermitted body art technician desiring a public health operator permit to conduct body art activities in a temporary body art establishment shall obtain a permit under the provisions of this chapter at least 30 days in advance of the temporary body art event. No body art activity may be conducted at any temporary body art establishment by any person who has not obtained a public health operator permit pursuant to the provisions of this chapter. Such public health operator permit is valid only for conducting body art activity in temporary body art establishments approved by the department and only for such dates and times that the department has approved such an establishment for licensure. C. A body art technician holding a valid public health operator permit issued by the department who intends to conduct body art activity at a temporary body art event must notify the department iri writing at least 15 days in advance of the temporary body art event that he or she intends to conduct body art activity at such event, provide the name of the owner of the temporary body art establishment in which the body art activity will be conducted and specify the body art activity he or she intends to conduct. D. The owner of a temporary body art establishment shall be responsible for ensuring compliance with all other applicable regulations and requirements, including, but not limited to, zoning, permit and business license requirements. E. All establishment and operator permits and other information required by this chapter to be littp://search.municode.com/htmU16274/_DATA/TITLEll/Chapter 11_36_BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS Page 21 of 22 posted shall. be posted in clear view of the patrons. (Ord. 99-0039 § 14 (part), 1999.) 11.36.720 Operating requirements. Body art technicians conducting any body art activity in a temporary body art establishment shall do so in conformance with the provisions of this chapter. All such body art activity shall be conducted in a temporary body art establishment that has a public health facility permit issued by the department valid for that establishment, time and place. No such body art activity may be performed outside of the temporary body art establishment. Temporary body art establishments shall provide full protection from contamination, filth, and debris to all instruments, equipment, devices, surfaces, clients and body art technicians. Body art activities shall not be conducted in an outdoor environment: (Ord. 99-0039 § 14 (part), 1999.) 11.36.730 Record maintenance. The operator must maintain all records and documents in accordance with all applicable provisions in this chapter. (Ord. 99-0039 § 14 (part), 1999.) Part 5 EXPOSURE CONTROL TRAINING 11.36.740 Blood borne pathogen training course--Requirements. Any course taken by a person to fulfill the requirements set forth in this chapter relating to exposure control or blood borne pathogen training for registration with the department as a body art technician shall be approved by the department and meet the minimum requirements established in departmental regulations. (Ord. 99-0039 § 14 (part), 1999.) 11.36.750 Blood borne pathogen training course--Examination. Any person desiring to register with the department as a body art technician shall complete a blood borne pathogen training course approved by the department and demonstrate knowledge of the required subjects through submission of documentation of attendance and completion of the course, and provide proof that he or she achieved a passing grade of 70 percent or more on the final examination. (Ord. 99-0039 § 14 (part), 1999.) 11.36.760 Blood borne pathogen training course--Provider. A. Any person desiring department approval for purposes of this chapter of a training course curriculum for exposure control training or blood borne pathogen training shall make application to the department as follows: the applicant shall provide to the department a copy of a the course outline, a sample lesson plan, a statement of the examination method, a sample examination and any other documentation necessary for the department to evaluate the course to ensure the course complies with all applicable provisions of this chapter. Applicants shall be notified by the department within 30 days of application of the department's decision on the approval or rejection of the course. B. The course instructor must possess a high level of expertise in all areas covered by the training program and be otherwise qualified to conduct the training. (Ord. 99-0039 § 14 (part), 1999.) Part 6 CIVIL FINES httn://search.municode.com/html/16274/ DATA/'I'ITLEll/Chapter 11 36 BODY ART... 11/12/2010 Chapter 11.36 BODY ART ESTABLISHMENTS 11.36.770 Civil fines. Page 22 of 22 In addition to any other penalty provided for under this chapter, consistent with the process. set forth herein for notice and administrative review, the department may impose a fine on persons violating any provision of this chapter or any law; regulation or standard incorporated into this chapter. The department may impose a fine upon such violators in an amount not tc exceed $500.00 per violation, as appropriate. The imposition of such fines shall, in no way, limit the authority or ability to impose other requirements of this chapter or seek other remedies against alleged violators. (Ord. 99-0039 § 14 (part), 1999.) 11.36.780 Amount. In establishing the amount of the fine for each violation, the department will consider the following: A. The gravity and magnitude of the violation; B. The violator's previous record of complying or of failing to comply with the provision of this chapter, C. The violator's history in taking all feasible steps or in following all procedures necessary or appropriate to correct the violation; and, D. Any other considerations the department deems appropriate. (Ord. 99-0039 § 14 (part), 1999.) 11:36.790 Effect on permits. A. All fines imposed pursuant to this chapter must be satisfied in the manner prescribed by the department before a permit issued under this chapter to the violator may be reinstated or reissued. B. Failure to satisfy a fine imposed pursuant to this chapter in the manner prescribed by the department may result in suspension or revocation of the public health operator permit or public health facility permit issued to the violator. (Ord. 99-0039 § 14 (part), 1999.) Part 7 REPEAL PROVISION 11.36.800 Repeal. The provisions of this chapter shall remain in effect until the enactment of state laws or the promulgation of state regulations that control the conduct of body art activity, as defined herein. Upon the effective date of such enactment or promulgation, to the extent any provision of this chapter conflicts or is preempted by said enactment or promulgation, said conflicting or preempted provision is repealed in its entirety. (Ord. 99-0039 § 14 (part); 1999.) «orevious ~ next» _. http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_36 BODY ART... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] Title 11 HEALTH AND SAFETY Chapter 11.38 WATER AND SEWERS[27] Part 1 DEFINITIONS 11.38.010 Abandoned water well. 11.38.020 Chemical toilet. 11.38.030 Cross-connection. 11.38.040 Electrode well. 11.38.050 Health hazard. 11.38:060 Nonactive water well. 11 38.070 Nonconforming electrode well. 11.38.080 Privy structure. 11.38.090 Sanitary defect. 11.38.100 Toilet room and toilet facilities. 11.38.110 Water supply svstem. 11.38.120 Water well. Part 2 WATER AND WATER WELLS 11 38 130 Domestic water--Sanitation standards designated. 11 38 140 Water suooly--Permit or other compliance required. 11.38.150 Permit--Well construction. 11.38.155 Permit--Well vield test. 11 38 160 Well construction permit--Application and issuance conditions. 11 38 165 Well yield permit--Application and issuance conditions. 11 38 170 Permit-Scone of work authorized--Suspension or revocation conditions 11 38 180 Permit--Hearings following denial suspension or revocation. 11.38 190 Wells--Location restrictions concerning contamination. 11 38.200 Wells--Location restrictions concerning flooding. Page 1 of 19 http://search.municode.corn/htmU16274/ DATA/TITLEll/Chapter 11_38 WATER AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] Page 2 of 19 11 38 210 Wells--Location restrictions concerning sewage disposal and animal keeping areas. 11 38 220 Existing wells--New well requirements applicable when. 11.38 230 Construction of wells--Casing specifications. 11.38 240 Electrode wells--Construction specifications. 11 38 250 Construction of wells--Slab pedestal and curtain wall requirements--Exemptions 11.38.255 Wells--Shared wells. 11 38.270 Domestic water--Disinfection procedures and standards. 11.38 275 Well yield testing--Authorized tester. 11 38 280 Domestic water--Sealing required. 11 38 285 Wells--Well seal inspection required. 11.38.290 Wells--Sealing required when. 11 38 295 Wells--Depth of seal reauired. 11 38 300 Domestic water--Apparatus for disinfection and venting. 11.38.310 Wells--Discharge lines. 11.38.320 Log requirements. 11.38.330 Destruction of water wells. 11.38.340 Destruction of electrode wells. 11 38 350 Inlets from public water supply--Backflow prevention restrictions. 11.38 360 Pipelines-Disinfection procedures. 11.38.370 Domestic water--Reservoirs and tanks--Protection from contamination. 11.38.380 Cross-connections-Prohibited. 11.38 390 Cross-connections--Corrections to comply with Building Cade. 11 38.400 Sanitary defects and health hazards--Prohibited when. 11.38.410 Sanitary defects and health hazards--Correction. 11 38 420 Equipment or chemicals that may cause pollution--Sale and use restrictions. 11.38.430 Chlorination--Required when--Procedures. 11.38.440 Chlorination--Recordkeeping and testing. http://search.municode.coxn/html/16274/ DATA/TITLEll/Chapter 11_38 WATER_AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] Part 3 SANITATION SEWAGE DISPOSAL AND INDUSTRIAL WASTE. 11 38 450 Waste-disposal systems--Plan review and permit requirements. 11 38 460 Location specifications--Water mains and sanitary sewers. 11 38 470 Location specifications--Private sewage disposal systems. 11 38 480 Backflow prevention devices. 11 38 490 Privies--Location restrictions. 11.38 500 Privies--Construction specifications. 11.38.510 Privies--Maintenance. 11.38.520 Privies-Prohibited where--Chemical toilet restrictions. 11.38 530 Privies--Contamination of water prohibited. 11.38.540 Chemical toilets-Construction and maintenance. 11.38.550 Toilets at construction sites. 11 38 560 Public washrooms toilet facilities showers and baths. 11 38 570 Facilities required--Business establishments and public gatherings. 11 38 580 Facilities required-Theaters clubs and other places for public assembly 11 38 590 Industrial waste--Discharge prohibited where--Exceptions. 11 38 600 Keeping animals orfowl--Restrictions--Contaminating water supply prohibited. 11 38 610 Sewage discharge prohibited where--Abatement. 11 38.620 Hose watering prohibition. 11 38 630 Watering of lawns and landscaping. 11 38.640 Indoor plumbing and fxtures. 11 38 650 Washing vehicles. 11 38.660 Public eating places. 11.38.670 Decorative fountains. 11 38 680 Procedural requirements. Page 3 of 19 httrr//~aarch municode.com/htmU16274/ DATA/TITLEll/Charoter 11 38 WATER AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] Page 4 of 19 Part 1 DEFINITIONS 11.38.010 Abandoned water well. "Abandoned water well" means a nonoperating well which is not maintained in conformity with Section 11.38.290 of this chapter. (Ord. 10075 § 1 (part), 1970: Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 504.3, 1959.) 11.3$.020 Chemical toilet. "Chemical toilet" means a privy structure constructed over a tank into which human fecal matter or urine is to be deposited; the tank designed to contain a disinfecting or bactericidal chemical solution. (Ord. 7583 Part 3 Ch. 5 § 531, 1959.) 11.38.030 Cross-connection. "Cross-connection" means any connection, physical or otherwise, between an approved water supply system and any nonapproved water supply system, or any condition, connection or arrangement between any domestic water supply system and any plumbing fixture, or any tank, receptacle, equipment or device through which it may be possible for nonpotable, used, unclean, polluted or contaminated water or other substance to enter any part of such domestic water system, under any condition. (Ord. 7583 Part 3 Ch. 5 § 501, 1959.) 11.38.040 Electrode well. "Electrode well" means any artificial excavation in excess of 50 feet deep, constructed by any method for the purpose of installing electrodes or electrical conductors, including, but not limited to, cathodic protection wells and grounding rod wells. (Ord. 10075 § 1 (part), 1970: Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 504.2, 1959.) 11.38.050 Health hazard. "Health hazard" means any faulty operating condition; watertreatment practice or method of distribution which creates, or may create, a danger to the well-being of any consumer. (Ord. 7583 Part 3 Ch. 5 § 502, 1959.) 11.38.060 Nonactive water well. "Nonactive water well" is one which is not in active use, but which is maintained in conformance with the provisions of Section 11.38.290 of this chapter. (Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 504.4, 1959.) 11.38.070 Nonconforming electrode well. "Nonconforming electrode well" means one which, as of October 2, 1970, the effective date of the ordinance codified in this section, has not been constructed in conformance with Section 11.38.240, dr is not maintained in conformance with Section 11.38.290 of this chapter. (Ord. 1-0075 § 2 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 504.5, 1959.) 11.38.080 Privy structure. http://search.municode.com/htmU16274/_DATA/'I'ITLEll/Chapter_ll_38 WATER AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] Page 5 of 19 "Privy structure" means a room or compartment constructed over an earth pit, vault or tank, into which human fecal matter or urine is to be deposited. (Ord. 7583 Part 3 Ch. 5 § 530, 1959.) 11.38.090 Sanitary defect. "Sanitary defect" means any faulty structural condition, whether of location, design or construction of collection facilities, treatment works or distribution works, which may regularly or occasionally prevent satisfactory purification of the water supply, or cause it to be contaminated or polluted. (Ord. 7583 Part 3 Ch. 5 § 503, 1959.) 11.38.100 Toilet room and toilet facilities. "Toilet room' means a room in which is located at least a water flush toilet. "Toilet facilities' means and includes water flush toilet, chemical toilets, pit privies and any other type of toilet. (Ord. 7583 Part 3 Ch. 5 § 529, 1959.) 11.38.110 Water supply system. "Water supply system" means and includes the works and auxiliaries for collection, storage, treatment and distribution of water from the source to the free-flowing outlet of the ultimate consumer. (Ord. 7583 Part 3 Ch. 5 § 504, 1959.) 11.38.120 Water well. "Water well" means any drilled, excavated, jetted or otherwise constructed excavation which is used or intended to be used to extract water from or inject water into the underground for any purpose, or to observe or test underground waters. This definition shall not include: A. Saltwater wells; B. Wells under the jurisdiction of the state of California, Division of Oil and Gas, except those wells converted to use as water wells; or C. Wells used for the purpose of dewatering excavation during construction, or stabilizing hillsides or earth embankments. (Ord. 10075 § 1 (part), 1970: Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 504.1, 1959.) Part 2 WATER AND WATER WELLS 11.38.130 Domestic water--Sanitation standards designated. Every person supplying water for domestic or human cohsumption shall supply the water free from contamination or pollution so as to comply with the bacteriological drinking-water standards as set forth in the United States Public Health Service Drinking Water Standards. (Ord. 7583 Part 3 Ch. 5 § 507, 1959.) 11.38.140 Water supply--Permit or other compliance required. It is unlawful for any person to supply water from a newly constructed water system, or from a newly constructed portion of a water system, without valid permits as may be required by the director therefor, or until such construction complies with all of the provisions of this Division 1. (Ord. 7583 Part 3 Ch. 5 § 508, 1959.) 11.38.150 Permit--Well construction. http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_38 WATER AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] Page 6 of 19 A. No person shall drill, dig, bore, deepen or excavate any well, or destroy an existing well, without first making application and securing a well construction permit from the director. B. No person shall convert any industrial, oil or irrigation well for use as a domestic water well, without first making application and securing a well construction permit from the director. (Ord. 2005-0053 § 7, 2005: Ord. 11992 § 2, 1979: Ord. 10075 § 1 (part), 1970: Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 523; 1959.) 11.38.155 Permit--Well yield test. No person shall perform a well yield test for the purpose of establishing water availability for residential and commercial development without first making application and securing a well yield test permit from the director. (Ord. 2005-0053 § 8, 2005.) 11.38.160 Well construction permit--Application and issuance conditions. A. Applications for a well construction permit, as described in Section 11.38.150, shall be made on forms provided for that purpose by the director. All applicable fees, as provided for in Chapter 8.04 df Title 8, shall be paid at the time of application. B. The application shall include the name and address of the well owner and the well driller, the location of the proposed or existing well, a workplan that details the type of casing, the manner of sealing the casing, the method of destruction, where applicable and any other data required by the director. C. Upon receipt of an application, the director shall make an investigation. If the applicant has complied with all applicable laws and regulations, and the drilling, digging, boring, excavating, converting, destruction or design of the well will not create a condition which, in the opinion of the director, can pollute or contaminate the underground water or the water produced by the well, the director shall approve the workplan. A workplan approval remains valid for 180 days from the date of issuance. D. The well driller shall provide notification to the director at least two business days prior to the placement of the sanitary seal E. Upon witnessing the placement of the annular seal far a new well or the final decommissioning seal, and all other requirements being met, the director shall approve the final inspection. F. When the director has received a copy of the well completion report, as defined in Section 13751. of the California Water Code, the director shall issue a well construction permit. (Ord. 2005-0053 § 9, 2005: Ord. 11992 § 4, 1979: Ord. 10075 § 1 (part), 1970: Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 523.2, 1959.) 11.38.165 Well yield permit--Application and issuance conditions. A. Applications far well yield testing permit as described in 11.38.155 shall be made on forms provided for that purpose by the director. All applicable fees, as provided for in Chapter 8.04 of Title 8 shall be paid at the time of application. B. The application shall include the name and address of the well owner and the well driller, and the name of the well yield tester, the location of the proposed or existing well, the type of casing, the manner of sealing the casing, and any other data required by the director. C. When the well yield test has been completed to the satisfaction of the director and documentation of laboratory analysis showing that the water quality meets the primary bacteriological and chemical requirements of the Safe Drinking Water Standards, is provided to the department, a water availability approval shall be issued by the director for the purpose of obtaining a building permit. Well yield test results are valid for three (3) years from the date of approval. (Ord. 2005-0053 § 10; 2005.) 11.38.170 Permit--Scope of work authorized--Suspension or revocation conditions. A permit shall be valid only for the location described on the permit. Construction, reconstruction or destruction of a well shall be carried out in compliance with all applicable regulations and http://search.municode.comlhtmU16274/ DATA/TITLEll/Chapter_ll_38 WATER AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] Page 7 of 19 requirements of the director of public health and with all ordinances and laws of the county of Los Angeles and of the state of California, and shall comply with the terms and conditions specified in the permit. If any of such conditions, regulations,. ordinances or laws are not complied with, the director of public health may suspend or revoke the permit by mailing or personally serving written notice of suspension or revocation upon the applicant. (Ord. 2006-0040 § 103, 2006: Ord. 10075 § 1 (part), 1970: Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 523.3, 1959.) 11.38.180 Permit--Hearings following denial, suspension or revocation. Any person whose application for a permit has been denied, or whose permit has been suspended or revoked, may petition the director for a hearing. Such petition shall be in writing, signed by the applicant, and shall set forth in detail the facts and reasons upon which his petition is based: The time limit within which the petition must be filed is 20 business days following the date on which the notice of denial, suspension or revocation was mailed to the applicant. Notice of the time and place of the hearing shall be given to the applicant not less than five business days prior to such hearirig, either by registered mail or in the manner required for the service of summons in civil actions. At the time and place set for the hearing, the director will give the applicant and other interested persons an adequate opportunity to present any relevant facts. The director may place any person involved in the matter, including the applicant, under oath. The director may, when he deems it necessary, continue any hearing by setting a new time and place and by giving notice to the applicant of such action. At the close of the hearing, or at any time within 10 days thereafter, the director will order such disposition of the application or permit as he has determined to be proper, and will make such disposition known to the applicant. (Ord. 10075 § 2 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 523.4, 1959.) 11.38.190 Wells--Location restrictions concerning contamination. It is unlawful for any person to drill, dig, excavate or bore any water well in any location in which sources of pollution or contamination are known to exist, or at such location whereby such water may become contaminated or polluted when the well is properly constructed and maintained. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch: 5 § 516; 1959:) 11.38.200 Wells--Location restrictions concerning flooding. It is unlawful for a person to drill, dig, excavate or bore a water well in any location which is subject to flooding or inundation, unless it is protected from flooding or inundation and the location and method of protection approved by the director. (Ord. 7583 Part 3 Ch. 5 § 518, 1959.) 11.38.210 Wells--Location restrictions concerning sewage disposal and animal keeping areas. A. It is unlawful for a person to drill, dig, excavate or bore a water well within 100 feet of a seepage pit or cesspool, within 50 feet of a sewage disposal field, a private or public sewer, privy, or place where animals or fowl are kept. Where special hazards are involved, the distance required may be increased or special construction required, as may be directed by the director. B. Where perfbrations or screens are located at or over 100 feet below the ground surface and where sealed and maintained in accordance with Section 11.38.290 of this chapter, or in such other circumstances as he determines lesser distances will not subject the water to contamination or pollution, the director may authorize lesser distances than those specified in this section. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 517, 1959.) 11.38.220 Existing wells--New well requirements applicable when. A. All water wells used to supply domestic water shall conform to the requirements of a new water well, except the director may accept substitute methods when he f nds it is impractical to fully meet such requirements and if he determines the substitute methods satisfactorily __. _ . - __. htto://search.municode.com/html/16274/ DATAII'ITLEll/Chapter_ll_38_WATER AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] Page 8 of 19 accomplish the intended purpose. B. Existing wells shall meet requirements for new wells regarding protection from flooding or contamination, or such protection which the director determines to be equivalent. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 525, 1959.) 11.38.230 Construction of wells--Casing specifications. A. All water wells drilled, dug, or bbred after August 11, 1967, shall have a durable, watertight casing, which shall extend to a depth that will exclude contamination or pollution by surface drainage and undesirable groundwater, and extend at least 18 inches above the surrounding natural ground level at the well site after drilling and until the pump is permanently mounted. B. All gravel-packed wells shall have an outside, watertight casing meeting the requirements of subsection A of this section. The top of the. space between the outer and inner casings shall be closed or sealed to exclude surface drainage. The space between the outer easing and the drill hole shall be sealed as required by Section 11.38.280 of this chapter. When an additional pipe is provided fora "gravel chute," the top thereof shall extend above the floor or ground level; and be fitted with a tight cap or lid, unless in a locked room or an enclosure which is locked, bolted or screwed on tightly. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 520, 1959.) 11.38.240 Electrode wells--Construction specifications. All electrode wells constructed after October 2, 1970, shall be constructed to the satisfaction of the director in such a manner as to exclude contamination or pollution of any usable underground water. (Ord. 10075 § 1 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 520.1, 1959.) 11.38.250 Construction of wells--Slab, pedestal and curtain wall requirements-- Exemptions. All water wells drilled, dug, excavated, or bored after August 11, 1967, shall be provided with: A. A watertight, reinforced-concrete slab of a minimum thickness of six inches shall extend horizontally at least three feet-from the well casing. in all directions. The concrete slab shall adequately slope so as to drain water away from the well casing. The top surface of the slab at its outer edge shall be at least four inches above the surrounding ground level. This slab need not be provided, or the size and method of construction thereof may be modified, when the protection intended by this requirement or the exception of subsection D of this section is provided by an alternate method approved by the director. B. For pumps or pump motors installed above the well casing, the pump or motor shall be mounted on a concrete pedestal constructed around the well casing and sealed thereto, the top of which is at least eight inches above the finished grade at the well site and at least four inches above the slab surrounding such well. C. The pedestal and slab (and curtain wall, if required to protect an existing well) shall be poured monolithically, or otherwise constructed as approved by the director, to effectively prevent leakage betweemthe pedestal and the slab. D. Exemptions. Means or methods other than those specified in subsections B or C of this section may be used to provide the required protection when the director determines such alternates are necessary and that they provide equivalent protection. Asubmersible-type pump may be installed with subsurface discharge and access when all subsurface entrances to the well or casing, other than into the aquifer, are effectively sealed, the enclosure is designed and constructed to exclude surface water or drainage, the area around the casing is provided with effective drainage, and other protective features are provided which the director determines will effectively prevent contamination or pollution from entering the well or the aquifer. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 521, 1959.) 11.38.255 Wells--Shared wells. Any well intended to be shared with one tothree. residences other than the primary residence, shall demonstrate a safety factor in well capacity to the satisfaction of the director. (Ord. 2005- httn://search.municode.com/htmll16274/ DATA/TITLEll/Chapter_ll_38 WATER AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] Page 9 of 19 0053 § 11, 2005.) 11.38.270 Domestic water--Disinfection procedures and standards. Every new, repaired or reconstructed domestic water well, after completion of construction, repair or reconstruction, and before being placed in service, shall be thoroughly cleaned of all foreign substances. The well, including the gravel used in gravel-packed wells, the pump, and all portions of equipment coming in contact with well water, shall be disinfected with a solution containing at least 50 parts per million available chlorine, which shall remain in the well for a period of at least 24 hours, or by an equivalent method of disinfection satisfactory to the director, and such procedure shall be repeated, as necessary, to produce water meeting bacteriological standards as set forth in State Drinking Water Standards. No well waterfrom a new or reconstructed well shall be used for domestic purposes until the water meets such bacteriological and chemical requirements. (Ord. 2005-0053 § 13, 2005: Ord. 10075 § 1 (part), 1970: Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 525.1, 1959.). 11.38.275 Weli yield testing--Authorized tester. Well yield testing to determine an adequate and sustainable source of water shall be performed by a California Registered Geologist, or a California Registered Engineer or class A General Engineering Contractor, or C-57, or C-61 (D-21) license issued by the State of California. (Ord. 2005-0053 § 14, 2005.) 11.38.280 Domestic water--Sealing required. All domestic water wells and springs shall be sealed with concrete or other impervious material so as to protect against surface or subsurface contamination or pollution. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 513, 1959.) 11.38.285 Wells--Well seal inspection required. No person shall pour the sanitary seal of the annular space between the casing and the borehole wall unless the director is present to witness the placement of sealing material. (Ord. 2005-0053 § 15, 2005:) 11.38.290 Wells--Sealing required when. All water wells and electrode wells shall be kept sealed and maintained in a manner that will prevent the entrance of pump leakage, surface drainage, or any other contamination or pollution into the well or the aquifer, except that nonconforming electrode wells need not comply with this section until such time as the electrode is expended, or the well is reconstructed, or the well is no longer being used for its intended purpose, unless, in the judgment of the director, such exception constitutes a threat to the quality of an aquifer. (Ord. 10075 § 1 (part), 1970: Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 519, 1959.) 11.38.295 Wells--Depth of seal required. The annular seal of all new or reconstructed wells shall extend a minimum of 50 feet below grade, or a greater amount, if in the judgment of the director, such additidnal depth is necessary to prevent ground water contamination. (Ord. 2005-0053 § 16, 2005.) 11.38.300 Domestic water--Apparatus for disinfection and venting. All domestic water wells shall be provided with a pipe or other effective means through which http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_38 WATER AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] Page 10 of 19 chlorine or other disinfecting agents may be introduced directly into the well. The pipe, if provided, shall be extended to a height equal to the pump pedestal or at least eight inches above the finish grade, shall be kept sealed, and shall be provided with a threaded or equivalently secure cap. Equivalent protection for excluding contamination from the well shall be provided for subsurface-pump discharge installations. If an air-relief vent is used, it shall terminate downward and be screened and protected against the possibility of contaminating material entering the vent. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 522, 1959.) 11.38.310 Wells--Discharge lines. All pump discharge lines shall leave the well at a higher elevation than the top of the casing. (Ord. 7583 Part 3 Ch. 5 § 526, 1959) 11.38.320 Log requirements. Any person who has drilled, dug, excavated or bored a water well shall, within 30 days after completion of the drillings, digging, excavating or boring of such water well, furnish the director with a complete log of such water well. This log shall include the type of casing, the depth of the well, the number and location of the perforations in the casing; and any other data required by the director. A copy of the log providing such information submitted to state agencies shall satisfy this requirement. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 515, 1959.) 11.38.330 Destruction of water wells. All water wells, unless made to comply with Sections 11.38.280 and 11.38.290 of this chapter, shall be destroyed to the satisfaction of the director by filling with cement grout, puddled clay or similar impervious material as approved by the director, to thoroughly seal the well, including all voids, annular spaces, gravel envelopes, or other spaces; as necessary to protect the aquifer. (Ord. 10075 § 1 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 524, 1959.) 11.38.340 Destruction of electrode wells. All electrode wells, unless in compliance with Section 11.38.240 of this chapter, shall be destroyed to the satisfaction of the director, in such a manner as to exclude contamination or pollution of any usable underground water. (Ord. 10075 § 2 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 524.1, 1959.) 11.38.350 Inlets from public water supply--Backflow prevention restrictions. No person shall install or allow to exist any inlet discharging water from a public water supply to be used for domestic or human consumption or industrial purposes in or into any tank, cistern, reservoir or receptacle for storage or use of water on the consumer's premises unless such inlet discharges such water at a height at least double the diameter of the inlet pipe above the maximum possible high-water level of such tank, cistern, reservoir or other receptacle for the storage or use of water, or unless such inlet is equipped with an approved backflow preventer. A backflow preventer is a device or means to prevent backflow into the potable water system. (Ord. 7583 Part 3 Ch. 5 § 512, 1959.) - -- _ ..__,.__._ .. __ __ 11.38.360 Pipelines--Disinfection procedures. Every new water main and every repaired section of an existing water main must be cleared of coliform bacteria by the proper application of chlorine in sufficient quantities to give a minimum of 50 parts per million of available chlorine. The new or repaired pipe shall be thoroughly flushed before and after chlorination: If the first application of chlorine is not sufficient, the procedure shall be repeated until the water will meet the standards set forth in the United States Public Health 7,rr,.•//cearrh mimicnrle.cnm/}ttml/16274/ DATA/TITLEl l/Chanter 11 38 WATER AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] Page 11 of 19 Service Drinking Water Standards. Means or methods providing equivalent treatment may be used if approved by the director. (Ord. 10075 § 1 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 509, 1959. ) 11.38.370 Domestic water--Reservoirs and tanks--Protection from contamination. A. Durable protection and substantial covers shall be provided and maintained for each reservoir, tank, cistern, standpipe or other structure used for distribution or storage of domestic water. Covers shall be watertight, and shall be constructed so as to provide drainage away from the structure. All openings for ventilation shall be screened with corrosion-resistant screen not coarser than one-fourth-inch mesh to exclude rodents and birds, or with 16-mesh screen when such screen is necessary to control mosquito or insect breeding in such reservoir. All manholes shall be constructed with curbs raised above the surrounding surface, and installed in a manner to prevent roof or surface drainage from entering the structure. When it is determined by the director that it is impractical, due to size, shape or other unusual conditions, to provide and maintain a cover as provided for in this section, adequate treatment and protection of the water shall be provided as required and approved by the director. B. Any reservoir, standpipe, cistern, forebay, tank, weir box, receptacle, or any other form of installation used for the production, distribution or storage of any domestic water supply or water used for human consumption, shall be securely protected against pollution or contamination. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 514, 1959.) 11.38.380 Cross-connections--Prohibited. It is unlawful for any person to have, keep, maintain, install or allow the existence of a cross- connection. (Ord. 7583 Part 3 Ch. 5 § 527, 1959.) 11.38.390 Cross-connections--Corrections to comply with Building Code. Any device; fixture or equipment installed for the purpose df eliminating across-connection shall be of a type in compliance with and installed in accordance with the Building Code. (See Title 26 of the Los Angeles County Code.) (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 528, 1959. ) 11.38.400 Sanitary defects and health hazards--Prohibited when. All domestic water supply systems shall be constructed and maintained free from sanitary defects and health hazards. (Ord. 7583 Part 3 Ch. 5 § 505, 1959.) 11.38.410 Sanitary defects and health hazards--Correction. When it is determined by the director that a sanitary defect or a health hazard exists, the director may order whatever steps he deems necessary to insure the safety of the water supply for the protection of the public health. (Ord. 7583 Part 3 Ch. 5 § 506, 1959.) 11.38.420 Equipment or chemicals that may cause pollution--Sale and use restrictions. No person shall advertise, sell or offer for use or sale any water-treating chemical or substance, water-using orwater-operated equipment, mechanism or contrivance, which may cause contamination or pollution of the domestic water supply. Such devices may be permitted when equipped with backflow protection devices meeting the requirements of the Building Code. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 528.1, 1959.) http:1/search.municode.com/html/16274/ DATA/TITLEll/Chapter_ll_38 WATER AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] 11.38.430 Chlorination--Required when--Procedures. Page 12 of 19 Upon notice by the director to the owner or operator of a water supply system, such owner or operator shall thoroughly cleanse and chlorinate any reservoir, tank, well, spring or pipe used in the production, distribution or storage of any domestic water or water used far human consumption, as directed by the director, to insure the safety of the water. When chemical disinfection is employed, the dosage or rates of application shall at all times be sufficient to provide adequately disinfected water at all points of the distribution system. The director may order continuous automatic disinfection for any water supply when, in his opinion, such treatment is necessary for the protection of the public health. (Ord. 7583 Part 3 Ch. 5 § 510, 1959.) 11.38.440 Chlorination--Recordkeeping and testing. All suppliers of domestic water, when required by the director to use continuous chlorination, shall add chlorine in sufficient quantity to insure the bacteriological safety of the water at all paints in the distribution system. Afree-chlorine residual shall be maintained at all times at sampling points approved by the director. Routine chlorine residual tests shall be made daily, and permanent records kept of such tests. Copies of the records shall be furnished the director upon request. (Ord. 7583 Part 3 Ch. 5 § 511, 1959.) Part 3 SANITATION, SEWAGE DISPOSAL AND INDUSTRIAL WASTE 11.38.450 Waste-disposal systems--Plan review and permit requirements. A. The director shall have the authority to review and approve or disapprove all plans and specifcations pertaining to sewage and industrial waste disposal systems, and shall have the authority to require the submission of such plans and specifications. B. No person shall construct, install, alter or repair any private sewage disposal system or part thereof without first making application and securing a permit from the director. Application shall be made on forms provided for that purpose by the director. All applicable fees, as provided for in Chapter 11.06 of this title, shall be paid at the time of application. (Ord. 11992 § 1, 1979: Ord. 7583 Part 3 Ch. 5 § 500, 1959.) 11.38.460 Location specifications--Water mains and sanitary sewers. Beginning with September 25, 1959, the effective date of the ordinance codified herein, the relative location of water mains serving the public, and sanitary sewers, shall be as follows: A. Water mains shall be at a location as far as possible above the elevation of nearby sewers. In the case of pressure water mains, the horizontal distance between such mains and such sanitary sewers shall be at least 10 feet. In the case of gravity water mains, the horizontal distance between such mains and such sanitary sewers shall be at least 25 feet. Where a water main and a sewer line must cross, the water main shall be at an elevation above the sewer and shall be separated from such sewer by at least three feet of undisturbed or compacted earth. B. Where the above requirements cannot be met because of topography or other physical conditions, the materials and joints of both water mains and sewer lines shall be installed in such a manner and shall possess the necessary strength and durability as to prevent the escape of solids, liquids and gases therefrom, under all known adverse conditions such as corrosion, strains due to temperature changes, settlement and superimposed loads. (Ord. 7674 § 2, 1960; Ord. 7583 Pan 3 Ch. 5 § 542, 1959.) 11.38.470 Location specifications--Private sewage disposal systems. When the installation of private sewage disposal systems is permitted by the provisions of pertinent ordinances, the locations of such systems shall conform to the following table: httn://search.municode.com/htmll16274/ DATA/TITLEll/Chapter 11_38 WATER AN... 11/12(2010 Chapter 11.38 WATER AND SEWERS[27] Location of Sewage Disposal Systems Minimum Distance in Clear Required From: Disposal Pit Seepag ~~ House Sewer ~ Se tic Tank Field e or Cess ooI 2 feet 5 feet 8 feet 8 feet Buildings or structures Clear 5 feet 5 feet 8 feet Property line adjoining private property** 50 feet 50 feet 50 feet 100 feet Wate* supply * wells 50 feet 50 feet 50 feet 100 feet Streams** 10 feet 10 feet 10 feet Large trees 5 feet 5 feet 12 feet Seepage pits or cesspools* 5 feet 4 feet 5 feet Disposal field* 1 foot 5 feet 5 feet 5 feet Domestic water line** 25 feet 25 feet 25 feet 25 feet Gravit y ~ ~ ~ domestic water lines Page 13 of 19 NOTE: * Distribution boxes must be separated from seepage pits or disposal field by at least five feet of tight line. ** Where special hazards are involved, the distance required may be increased, as may be directed by the director of public health. (Ord. 2006-0040 § 104, 2006: Ord. 7583 Part 3 Ch. 5 § 541, 1959.) 11.38.480 Backflow prevention devices. A. Qualified Testers. No person shall test and make reports on backflow prevention devices as required in Title 17 of the California Cade of Regulations unless he has a certificate of competence issued by the director. The director may conduct examinations to determine the competency of any person desiring to test and make reports on backflow prevention devices for the purpose of complying with the requirements of Title 17 of the California Code of Regulations. Those persons who have been determined by the director to be competent shall receive from the director a certificate of competence. It is unlawful for any person to maintain a backflow prevention device unless it is tested at least annually. B. Test Required. Backflow prevention devices which have been installed to meet the requirements of Title 17 of the California Code of Regulations shall be tested at least once each calendar year by a person having received a certificate of competence from the director. Records of such tests shall be filed with the director within 30 days after such tests, upon forms provided by the director. C. Devices in Good Repair. It is unlawful to use any backflow prevention device installed to meet the requirements of Title 17 of the California Code of Regulations unless it is in good repair. Devices which are defective shall be repaired and tested immediately upon being put into use, htto://search.municode.com/htmU16274/ DATA/TITLEll/Chapter 11 38 WATER AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] Page 14 of 19 and a report of such shall be filed with the director within 30 days after such test. D. Director may distribute to the public a list of those persons certified under paragraph A. above and may charge $159.00 far inclusion on such list. (Ord. 2006-0040 § 105, 2006: Ord. 93-0055 § 14; 1993; Ord. 8588 § 2.(part), 1964: Ord. 7583 Part 3 Ch. 5 § 528.2, 1959.) 11.38.490 Privies--Location restrictions. It is unlawful to construct, maintain or keep a privy within 35 feet from any residence or dwelling, or other building used for the habitation of human beings. (Ord. 7583 Part 3 Ch. 5 § 537, 1959.) 11.38.500 Privies--Construction specifications. It is unlawful to erect or maintain a privy unless a suitable shelter is provided to afford privacy and protection from the elements. The openings of such structure shall be enclosed by metal mosquito-screening. The door thereof shall be so constructed as to close automatically by means of a spring or other device. The construction of the privy structure shall be such as to exclude all rodents, flies and other insects from the pit. The privy structure shall be maintained in good repair, in a clean and sanitary condition, and free from flies, other insects and rodents, and shall be properly ventilated. The privy structure over the earth pit shall completely cover the earth pit and shall be mounted on a cement or masonry foundation at least four inches wide and extending at least six inches above and 12 inches below ground level. The earth pit shall be at (east four feet deep and shall be provided with a vent at least six inches in cross-sectional dimension, extending from the pit to a point higher than the highest point of the roof. Such vent shall be effectively screened. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 535, 1959.) _.._ _ 11.38.510 Privies--Maintenance. The earth pit of a privy shall not be permitted to become filed with excreta nearer than two feet from the surface of the ground. (Ord. 7583 Part 3 Ch. 5 § 536, 1959.) 11.38.520 Privies--Prohibited where--Chemical toilet restrictions. No privy shall be maintained where, within a radius of 500 feet therefrom, there is situated either one or more restaurants, itinerant restaurants, food establishments, slaughterhouses, dairy farms, milk depots, milk plants, milk products plants, or five or more residential or commercial establishments of any kind or character, whether such one or more restaurants, itinerant restaurants, food establishments, slaughterhouses, dairy farms, milk depots, milk plants, milk products plants, or five or more residential or commercial establishments of any kind or character are located in the unincorporated territory of the county of Los Angeles or not; provided, however, that where there is no running water or there is no practical means of sewage disposal, or when the operation or maintenance of a water flush toilet would be liable to contaminate or pollute the waters of.any stream, water channel, spring, wells, pond, lake, reservoir, infiltration gallery or underground water from which water may be drawn for domestic consumption, a privy or chemical toilet may be maintained. No privy or chemical toilet may be maintained under such circumstances unless a permit therefor shall have been obtained from the director. Upon ascertaining that the necessity for such permit as herein. set forth no longer exists, the director, shall revoke such permit. No person shall continue to maintain a privy. or chemical toilet after the permit for maintenance thereof has been revoked. Whenever any privy pit is abandoned such pit and the material it contains shall be properly treated, and shall be filled with compacted soil at least to the original ground level. (Ord. 7583 Part 3 Ch. 5 § 534, 1959.) 11.38.530 Privies--Contamination of water prohibited. It is unlawful for any person to construct, maintain or keep a privy in any location in which it may contaminate or pollute any stream, channel, pond, lake, reservoir or any source of water. In no case shall a privy be constructed, maintained, or kept less than 50 feet from any stream, water http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_38 WATER AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] Page 15 of 19 channel, spring, well, pond, lake, reservoir or infiltration gallery unless permission has been first applied for and obtained from the director as to the type and location of the privy. (Ord. 7583 Part 3 Ch. 5 § 538, 1959.) 11.38.540 Chemical toilets--Construction and maintenance. It is unlawful to erect or maintain a chemical toilet unless it complies with the following: A. Chemical toilets shall have a suitable structure #o afford privacy and protection from the elements, and be constructed to exclude all rodents, flies and other insects. All openings of the structure to the outside shall be enclosed with metal mosquito-screening. The door shall be constructed as to be self-closing. A vent or window shall be provided for light during daylight hours. Artificial light shall be provided when the chemical toilets is to be used at night. B. The walls and ceilings of the structure shall be reasonably smooth and well painted in a light color, and be capable of withstanding repeated washing and scrubbing. C. Chemical-toilet storage tanks shall be enclosed within the structure, properly vented, watertight, and in good repair. D. The toilet seat shall be a commercial, split-front type, oval in shape, with a smooth, impervious surface, and installed so as to be easily cleaned. The seat shall be centered over the hole to prevent the deposition of fecal matter on sides of the drop tube. The drop tube shall have sides that are installed vertically or flared out at the connection to the tank. E. The metal drop tube beneath the toilet seat shall follow the shape of the toilet seat and fit smoothly into the top of the tank enclosure. It shall have a noncorrosive surface. There shall be no cracks or rough edges around this opening or in the entire bench, Circular openings shall be permitted only if their diameter is at least equal to the largest dimension of the toilet seat opening: F. The maximum distance between the inside edge of the opening between the toilet seat and the front of the tank enclosure shall be two inches. G. All structures intended for male use shall contain a urinal located at least 20 inches from the toilet seat openings. The urinal shall be made from durable, noncorrosive, impervious material finished with smooth surfaces and proper slopes so that it is easily cleaned and readily drains. A splash board of similar material at least eight inches higher than the overflow rim shall be provided. Hoses or pipes used to drain urinals shall be a minimum of one inch inside diameter, shall be securely attached, and shall be constructed of a noncorrosive, watertight, easily cleanable material. The urinal shall be designed to minimize splashing. H. The toilet structure shall be adequately ventilated with openings screened with 16-mesh screen or equal. These ventilation openings shall contain at least four square feet of total area. I. The chemical toilet structure shall be sufficiently large to provide adequate space for the users, with the minimum width or depth equal to three feet; six inches. - - - J. Each chemical toilet structure shall have painted thereon, in clear letters at least three inches in height, the name of the owner and the company number of the unit. K. A suitable device for holding toilet paper shall be provided. L. The interior of the structure and tanks shall be cleaned at least once a week while the units are in use and mare frequently when necessary to maintain them in a clean and odorfree condition. M. Toilet paper shall be available at all times. N. After cleaning, there shall be placed in the tank a solution of a type which effectively controls odors. When initially filled, and at all times when in use, the tank shall contain sufficient solution to cover all solids accumulated and to prevent fly breeding. O. Sewage from chemical toilets shall be disposed of only in a sanitary sewer system approved by the director. P. Whenever chemical toilets are returned after a job, the interior shall be thoroughly cleaned and repainted when necessary. O. A chemical toilet shall be located at least four feet from a property line, at least 20 feet from the nearest occupied residence, and at least 10 feet from a street or public sidewalk. R. A chemical toilet shall be kept clean and in good repair at all times. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 535.1, 1959.) 11.38.550 Toilets at construction sites. There shall be not less than one toilet facility for each multiple of 20 employees, or fractional part thereof, work at a construction job site. for the purpose of this section, the term "construction site" httn://search.municode.com/html/16274/ DATA/TITLEll/Chapter. 11_38 WATER AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] shall mean the location on which actual construction of a building, structure, or facility, is in progress. (Ord. 7583 Part 3 Ch. 5 § 539, 1959.) 11.38.560 Public washrooms, toilet facilities, showers, and baths. Page 16 of 19 Every person maintaining a privy structure, toilet room, washroom, bath or shower room for the use of his employees, or the public, shall at all times keep the floors, walls, ceilings, toilet facilities, urinals, lavatories and other equipment therein in good repair and free from dirt, filth and corrosion. All baths, showers, lavatories and urinals, except urinals constructed in connection with a privy, shall be adequately supplied with running water. Rooms used for such facilities shall be well ventilated and lighted. All lavatories shall be kept supplied with soap and individual towels with a receptacle for their disposal. All toilet facilities shall be kept supplied with toilet paper. In connection with every public toilet hereafter erected, there shall be maintained hand-washing facilities for the public and employees. (Ord. 7583 Part 3 Ch. 5 § 533; 1959.) 11.38.570 Facilities required--Business establishments and public gatherings. It is unlawful for any person to conduct a business or place of public gathering unless there is provided, in a separate room and on the premises, adequate and conveniently located toilet facilities and lavatories. If, in the opinion of the director, the number of toilet facilities and lavatories is inadequate, he shall order additional toilet facilities or lavatories, or both, to be provided. A. If restroom facilities are made available for the public, clients, or employees, no person owning, controlling, or having charge of such accommodation or facility shall prohibit or prevent the use of such restroom facilities by a person with a physical handicap, regardless of whether that person is a customer, client, employee, or paid entrant to the accommodation or facility. Employee restrooms need not be made available if there are other restroom facilities available on the premises unless employee restroom facilities have been constructed or altered to accommodate the physically handicapped and such facilities are not available elsewhere on the premises. Restroom facilities located within food establishments which are accessible only through the food preparation area shall be made available to persons requiring the use of Seeing-eye dogs by having an employee or other person escort the individual to the facility. No live animals shall be allowed in the food preparation area. B. The following definitions are applicable to this section: 1. "A person with a physical handicap" includes: a. An individual who has an impairment, either permanent or temporary in nature as follows: i. Impairments that affect ambulation due to cerebral palsy, poliomyelitis, spinal cord injury, amputation, arthritis, cardiac and pulmonary conditions and other conditions or diseases which reduce mobility, including aging, ii. Impairments that require the use of crutches, canes, wheelchairs, braces, walkers, or other ambulatory assistive devices, iii. Total blindness or impairments affecting sight to the extent that the individual functioning in public areas may be insecure or exposed to danger, and iv. Deafness or hearing impairments that may expose an individual to danger. or insecurity; b. An individual who requests the use of the restroom facilities and states that because of a physical infirmity he or she requires immediate access to restroom facilities. 2. "Public accommodation or facility" means a building, structure, facility, complex, or improved area that is used by the general public and shall include those accommodations and facilities listed in Sections 19955 and 19955.5 of the Health and Safety Code. C. Nothing in this section requires the making of structural alterations, repairs, remodels, modifications, or additions not otherwise required by applicable local, state and/or federal law. D. Every restaurant or itinerant restaurant where aldoholic beverages are sold pr given away for consumption on the premises shall be provided with, for the use of the public, at least one urinal for men, one water flush toilet for each sex, and at least one lavatory in conjunction with and convenient to each water flush toilet. lf, in-the.opinion of the director,_the number of urinals, water flush toilets or lavatories is inadequate, such additional facilities as he shall deem necessary shall be provided. There shall be adequate space provided in each toilet room to permit the use of these facilities without overcrowding. (Ord. 2007-0089 § 98, 2007; Ord. 89-0033 § 1, 1989: Ord. http://search.municode.com/htmU16274/ DATA/'I'ITLEll/Chapter_l 1_38 WATER AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] 7583 Part 3 Ch. 5 § 532, 1959.) Page 17 of 19 11.38.580 Facilities required--Theaters, clubs and other places for public assembly. No person conducting, managing or operating any moving picture show or theater, dance hall, nightclub, circus, amusement park or other place of public amusement or public assemblage shall fail, refuse or neglect to comply with the following requirements: A. The floors, walls, ceilings, doors, windows, stairways, hallways and every other part thereof shall be maintained in good repair, in a clean, sanitary condition, and shall be painted or otherwise renovated whenever necessary. B. All rugs, carpets or other floor coverings, tables, chairs, seats, counters and all similar equipment shall be kept clean and in good repair. C. Suitable approved drinking fountains, with guarded angle jets and with properly adjusted water pressure, shall be provided and maintained in good condition. D. Exhaust fans and other ventilation equipment shall be provided, and shall be operated so as to keep the air in a reasonably fresh and wholesome condition whenever a building, or part thereof, is occupied as a place of public assemblage. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 532.1, 1959. ) 11.38.590 Industrial waste--Discharge prohibited where--Exceptions. A. No person shall discharge, deposit, drain or place any material, liquid waste or other substance, directly or indirectly, into any channel, natural or artificial drain, watercourse, river, tributary, water or subsurface water, whether such water be fresh, salt or saline, or combinations of these, in such a manner which may liberate or produce any noxious or dangerous odors, or produce unsightly or offensive deposits, or which-may be injurious, deleterious or dangerous to the health, or which may cause a nuisance or may cause an impairment of the quality of such waters, or which may adversely or unreasonably affect such waters for domestic, recreational or other beneficial uses. B. Exception: This section shall not apply in the unincorporated territory of the county or in those cities which have adopted county Ordinance 6130, on sewers and industrial waste, directly or by reference. (See Title 20 of this code.) (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 500.1, 1959.) 11.38.600 Keeping animals or fowl--Restrictions--Contaminating water supply prohibited. It shall be unlawful for any person to locate or maintain any animal or fowl in such manner or location whereby any portion of a domestic water supply system may become contaminated or polluted, or for any animal or fowl to be kept within 50 feet from any stream, water channel, spring, well, pond, lake, reservoir, infiltration gallery or underground water from which water may be drawn for domestic consumption. (Ord. 7583 Part 3 Ch. 5 § 540, 1959.) 11.38.610 Sewage discharge prohibited where--Abatement. A. When sewage, other than the discharge from an approved sewage-treatment plant, is overflowing or being discharged upon the surface of any premises, the director may order the occupant or occupants theredf who contribute to such overflow or discharge to abate the same forthwith. B. If such occupant or occupants fail to abate such overflow or discharge as ordered; the director may order such occupant or occupants to vacate the premises within 24 hours. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 543, 1959.) Part 4 WATER CONSERVATION REQUIREMENTS FOR THE UNINCORPORATED LOS ANGELES COUNTY AREA httn://search.municode.com/htmU16274/ DATA/TITLEll/Chapter_ll_38 WATER AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] Page 18 of 19 11.38.620 Hose watering prohibition. No person shall hose water or wash down any sidewalks, walkways, driveways, parking areas or other paved surfaces, except as is required for the benefit of public health and safety. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $100.00 for each subsequent violation. (Ord. 2008-00520 § 1 (part), 2008: Ord. 91-00460 § 1 (part), 1991.) 11.38.630 Watering of lawns and landscaping. A. No person shall water or cause to be watered any lawn or landscaping between the hours of 10:00 a.m. and 5:00 p.m. B. No person shall water or cause to be watered any lawn or landscaping more than once a day. C. No person shall water or cause to be watered any lawn or landscaping to such an extent that runoff into adjoining. streets, parking lots or alleys occurs due to incorrectly directed or maintained sprinklers or excessive watering. D. It shall be the duty of all persons to inspect all hoses, faucets and sprinkling systems for leaks, and to cause all leaks to be repaired as soon as is reasonably practicable. E. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $100.00 for each subsequent violation. (Ord. 2008-00520 § 1 (part), 2008: Ord. 91-00460 § 1 (part), 1991.) 11.38.640 Indoor plumbing and fixtures. A. It shall be the duty of all persons to inspect all accessible indoor plumbing and faucets for leaks, and to cause all leaks to be repaired as soon as is reasonably practicable. B. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $100.00 for each subsequent violation. (Ord. 2008-00520 § 1 (part), 2008: Ord. 91-00460 § 1 (part), 1991.) 11.38.650 Washing vehicles. - ---- ------- No motor vehicle, boat, trailer, or other type of mobile equipment may be washed, except at a commercial carwash or with reclaimed water, unless such vehicle is washed by using a hand- held bucket or a water-hose equipped with an automatic shutoff nozzle. No person shall leave a water hose running while washing a vehicle or at any other time. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $100.00 for each subsequent violation. (Ord. 2008-00520 § 1 (part), 2008: Ord. 91-00460 § 1 (part), 1991.) 11.38.660 Public eating places. No restaurant, hotel, cafeteria, cafe, or other public place where food is sold or served shall serve drinking water to any customer unless specifically requested to do so by such customer. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $100.00 for each subsequent violation. (Ord. 2008-00520 § 1 (part), 2008: Ord. 91-00460 § 1 (part), 1991.) 11.38.670 Decorative fountains. . No person shall use water to clean, fill, or maintain levels in decorative fountains, ponds, lakes, or other similar aesthetic structures unless such water flows through a recycling system. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $100.00 for each subsequent violation. (Ord. 2008-00520 § 1 http://search.municode.com/htmll16274/ DATA/TITLEll/Chaptex_ll_38 WATER AN... 11/12/2010 Chapter 11.38 WATER AND SEWERS[27] Page 19 of 19 (part), 2008: Ord. 91-00460 § 1 (part), 1991.) 11.38.680 Procedural requirements. The Director of Public Works, with input and concurrence from the Director of Public Health, shall periodically review the provisions of this Part and recommend necessary updates to the Board of Supervisors. The review of these provisions and preparation of resulting recommendations, if any, shall be performed, at a minimum, every two years following the first review, which shall be completed by December 31, 2010. (Ord. 2008-00520 § 1 (part), 2008.) «orevious ~ next» http://search.municode.com/htmU16274/ DATA/TITLEll/Chapter 11_38 WATER AN... 11/12/2010