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HomeMy WebLinkAboutORD 1095 (1992) ORDINANCE NO. 1095 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING SPECIFIED SECTIONS OF ARTICLE 4 OF THE TUSTIN CITY CODE AS THEY RELATE TO FOOD HANDLING BUSINESSES AND HEALTH SERVICES FEES The City Council of the City of Tustin does hereby ordain as follows: Section 1: Part i of Chapter I of Article 4'of the Tustin City Code is hereby repealed in its entirety and a new Part 1 is hereby added to read as follows: Part I Food Handling Businesses 4110 Definitions The following terms used in this part shall have the meanings indicated below; provided, however, said definitions shall also include any amendments or changes made to referenced sections of the California Health and Safety Code after January 1, 1991: (a) Certified farmers' market shall be as defined in section 27512 of the California Health and Safety Code. (b) Commissary shall be as defined in section 275~3 of the California Health and Safety Code. (c) Food establishment shall be as defined in section 27520 of the California Health and Safety Code. (d) Food facility shall be as defined in section 27521 of the California Health and Safety Code. (e) Food processinq establishment shall be as defined in section 2828.0.1 of the California Health and Safety Code. (f) Health Department or Department shall mean the Orange County Health Care Agency. (g) Health Officer shall mean the County Health Officer or his or her deputy. (h) Inspector shall mean an Environmental Health Specialist, as defined in Health and Safety Code section 517, employed by the Health Department, or the Health Officer or any deputy health officer authorized to inspect premises or equipment for the enforcement of this article. 2 Ordinance No. 1095 Page 2 3 4 (i) Mobile food preparation unit shall be as defined in 5 section 27526 of the California Health and Safety Code. 6 (j) Open-air barbecue facility shall be as defined in section 27528.5 of the California Health and Safety Code. 7 (k) Person shall be as defined in section 27530 of the 8 California Health and Safety Code. 9 (1) Premises shall include land, buildings, vehicles and Ships and other vessels wherein food is handled, stored, ]0 distributed, prepared, processed, served or sold, and also equipment installed or used in food establishments ]~ or food facilities or on such premises. ]2 (m) Produce stand shall be as defined in sectio~ 27533 of the California Health and Safety Code. (n)' Restricted food service transient occupancy establishment ]4 shall be as defined in section 27535.5 of the California Health and Safety Code. (o) Satellite food distribution facility shall be as defined 18 in section 27536.5 of the California Health add Safety Code. (p) Temporary food facility shall be'as defined in section ~8 27538 Of the California Health and Safety Code. ~9 (q) Vehicle shall be as defined in section 27540 of the California Health and Safety Code. 20 (r) Vendinq machine shall be'as defined in section 27541 of 2] the California Health and Safety Code. 22 (s) ~endinqmachine busines~ shall mean the business of selling food or beverages by means of vending machines, 23 regardless of the number of locations at which the rending machines are located. 4111 Permit required; conditions and terms. (a) It shall be unlawful for any person to operate any 28 food facility, vending machine business, food processing establishment, or any other food handling business governed by 27 this part, without first applying for and receiving a food vending permit issued by the Health Department under the 28 provisions of this part. Ordinance No. 1095 Page 3 (b) Every applicant for a food rending permit shall file with the Health Department a written application which shall state the name and address of the applicant, the character and location of the activity for which a permit is required under this part and such other information as the Health Department may require. Applicants for a permit to operate a mobile food preparation unit shall,in addition, provide a list of three (3) service stops which shall include the address of exact location and time of each stop. (c) A permit may be issued when investigation has determined that the proposed facility and its method of operation will conform to all applicable laws and regulations. A permit, once. issued, is nontransferable.' A permit shall be valid only for the person, location, type of food sales, or distribution activity approved and, unless suspended or revoked, for the time period indicated. (d) -Any permit may be suspended or revoked for a violation of any applicable provisions of law or regulation. Any food facility, rending machine business, food processing establishment, or any other food handling business governed by this part, for which the permit has been suspended or revoked shall close and remain closed until the permit has been reinstated or until a new permit has been issued. (e) Permits may be granted at any time during the year. A permit shall be posted in a conspicuous place on the premises or vehicle for which it is issued. 4112 Construction, conversion and alteration. A person proposing to build or remodel a food facility, vending machine business, food processing establishment, or any other food handling business governed by this part, shall submit three (3) copies of the complete plans and specifications to the Department for review and approval pursuant to the applicable requirements of the California Health and Safety Code. The Health Officer may thereafter issue a certificate stating what modifications, if any, are required for compliance with applicable laws and ordinances. 4113 Mobile food preparation units generally. In addition to all other applicable provisions of the Health and Safety Code and of this part, mobile food preparation units shall comply with the following safety requirements: Ordinance No. 1095 Page 4 a. Compressors, auxiliary engines, generators, batteries, battery chargers, gas-fueled water heaters, and similar equipment shall be installed so as to be accessible only from the outside of the unit. b. All equipment installed in any part of the unit shall be secured so as to prevent movement during transit and to prevent detachment in the event of a collision or overturn. c. All equipment installed within the interior of the unit, including the interiors of cabinets or compartments, shall be constructed so as to be free of sharp or jagged edges. d.' All utensils shall be stored so as to prevent thei~ being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives in cabinets, boxes or slots along counter aisles. Knife holders shall be designed to be easily cleaned and be manufactured of materials approved by the Health Officer. e. Ceiling light fixtures shall be recessed or flush-mounted and sealed and shall be equipped with safe~y covers approved by the Health Officer. The minimum clearance from the floor to the light fixture shall be at least one hundred eight-eight (188) centimeters (seventy-six (76) inches) or the fixture shall be installed out of the traffic aisle or work area. f. High voltage (110-120 v) electrical wiring shall be properly installed in electrical conduit with all splices or connections being made within junction, outlet or. switch as to prevent the use of extension cords exceeding one hundred eight-three (183) centimeters (six (6) feet). Outside electrical connection receptacles shall be of weatherproof design with cover. g. Attached, firmly anchored seats with backrests, equipped with seat belts, shall be provided for all occupants. If a jump seat in the aisleway is utilized, it shall fold in a manner that will clear the aisleway When not in use and be held with a self-latching mechanism. Seats and backrests shall be at least thirty-five and five-tenths (35.5) centimeters by thirty-five and five-tenths (35.5) centimeters (fourteen (14) inches by fourteen (14) inches) in size. 'All occupants shall be .seated, shall wear seat belts and'shall not cook or prepare food while Ordinance No. 1095 Page 5 the unit is in motion. Signs setting forth the latter three (3) requirements shall be posted in both English and Spanish. h. A First-Aid kit approved by the Health Officer shall be provided and located in a convenient area in an enclosed case. i. All pressure cylinders shall be securely fastened to a rigid structure of the unit. All liquefied petroleum gas (LPG) equipment shall be installed as follows: (1) The LP gas tanks and relief valves shall be ASME- approved for intended use. (2) Tanks shall be securely fastened and located where they will normally not be subject to damage. They may be in a body compartment or underneath the body. The tank or fittings must not protrude beyond the body. (3) Tanks and regulators shall be separated from any open flame by a vapor-tight partition. (4) When tanks'are installed in a body compartment, the partitions shall be sealed off from the rest of the body with no openings to the interior except for the tubing. The following additional requirements shall be met: (a) All tank valves and fittings shall be readily accessible from outside the unit. (b) The tank safety relief valve shall be vented to the outside and directed downward. (c) The filling shall be done through an outside door to the compartment. (d) The compartment shall be vented to the exterior of the unit so as to prevent accumulation of gas. (5) Tubing that passes through partitions shall be protected by grommets made of rubber or other approved materials. (6) Tubing exposed to friction shall be protected against chafing. 2 Ordinance No. 1095 Page 6 3 4 (7) Expansion and contraction bends shall be made in 5 the tubing between the tank and the appliance° 6 (8) ASME-approved LP gas tubing or standard weight pipe shall be used throughout. (9) Protective "thread" caps shall be installed on 8 fill-line check valves. 9 (10) Every appliance fueled by LP gas shall be equipped with a pilot light attachment and provided with an ~0 ASME-approved device which will automatically shut off all gas to the appliance if the pilot light ~ should be extinguished. ]2 j~ A minimum 5 B.C.-rated portable fire extinguisher (UL or State Fire Marshal approved design) shall be installed in ~3 plain sight and within easy reach, immediately inside the front driver's door. The extinguisher shall be replaced ~4 or recharged after each use. ~5 4114 Additional requirements for mobile food preparation units operating in multi-locations in any day. In addition to the requirements specified in section 4113 ~7 above, mobile food preparation units which operate at more than one (1) location in any calendar day, shall comply with ~8 the following additional requirements: ~9 a. Coffee urns shall be installed in a compartment that will prevent excessive spillage of coffee in the interior of 20 the unit in the event of a sudden stop, collision or overturn, or, as an alternative to this requirement, 23 coffee urns shall be equipped with positive closing lids as well as perforated metal protective sleeves on the 22 glass liquid level sight gauges. 23 bi Deep fat fryers are prohibited, unless equipped with positive closing lids to contain the fat and to prevent 24 splashing or excessive spillage in transit or in the event of a sudden stop, collision or overturn of the 25 unit. Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an 26 explosion. All lids shall be kept positively closed while the unit is in motion. Signs setting forth the 27 latter requirements shall be posted in both English-and Spanish. 2 Ordinance No. 1095 Page 7 3 c. Water bath or steam food insert tables shall be provided 5 with baffles to prevent surging in transit. All such tables, as well as dry heat units, their -insert food 6 containers and similar equipment that contains hot liquids or hot foods shall have positive closing lids to 7 contain all such liquids or foods and to prevent splashing or spillage in transit or in the event of a 8 sudden stop, collision or overturn of the unit. Such lids shall be designed and constructed so as to prevent 9 pressure buildup which could result in an explosion. All lids shall be positively closed while the unit is in ]0 motion. Signs setting forth the latter requirement shall be posted in both English and Spanish. d. An alternate means of exit in the side opposite the main 12 exit door,. or the roof, or the rear of the unit, with unobstructed passage of sixty-one (61) centimeters by ~3 ninety-two (92) centimeters (twenty-four (24) inches by thirty-six (36) inches) minimum to the outside, shall be ]4 provided. The interior latching mechanism shall be operable by hand without special tools or key. The exit ~5 shall be labeled "Safety Exit" in contrasting colors with at last two and fifty-four one-hundredths (2.54) ° ~6 centimeters (one (1) inch) high letters. 4115 Enforcement Procedures a Suspension of permits ~9 A permit issued under this part or its predecessor may be suspended or revoked under the procedure set forth in this 20 part for any of the following reasons: 2] (1) Violation of State law; 22 (2) Violation of this Code; 23 (3) Violation of the rules and regulations adopted pursuant to this part; or (4) Upon recommendation by the Health Officer. b Notice of Violation When any laws, this part, or rules and regulations have been violated, an inspector may serve written notice thereof entitled "Notice of Violation," specifying: Ordinance No. 1095 Page 8 (1) The acts or omissions with which the permittee is charged. (2) The provision or provisions violated thereby. (3) The corrective steps required. (4) The date by which all such corrections must be completed, allowing a reasonable period therefor. (5) That the permittee has a right to a hearing upon written request or that a mandatory hearing has been scheduled. (6) That if no hearing is requested or the permittee fails to appear at the scheduled hearing and if the Health Department does not receive notice that all such corrections have been'made before 9:00 a.m. of the date specified under subsection b(4) above, the permit will be subject to-suspension or revocation from that time until all violations'have been corrected. c Hearing The hearing shall be held by the Health Officer or his or her duly authorized representative who is a ~ualified Environmental Health Specialist as defined in section 517 of the Health and Safety Code and registered as provided in section 529 thereof, but shall not be the inspector who reported the violations or who inspected any corrective measure taken. (1) The permit holder shall have the right to a hearing, if requested, on all violations listed in the notice. A written request for a hearing shall be made by the permittee within fifteen (15) calendar days after receipt of the notice. A failure to request a hearing within fifteen (15) calendar days after receipt 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 any reasonable time within this fifteen (15) day period to expedite the permit suspension or revocation process. (2) The hearing shall be held within fifteen (15) calendar days of the receipt of a request for a hearing. Upon written request of the permittee, the hearing officer may postpone any hearing date, if circumstances warrant such action. Ordinance No. 1095 Page 9 (3) At the conclusion of the hearing, the hearing officer shall issue a written notice of decision to the permittee within five (5) working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions with which the permittee is charged, and shall state the terms of the suspension, or that the permit has been revoked. (4) The Health Officer may, after providing opportunity for a hearing, modify, suspend, or revoke a permit for serious or repeated viol.ations of any of the requirements of the applicable laws, rules and regulations. d Suspension for refusal of entry. It shall be a violation of this part for any person to deny or hinder entry by any inspector for the purpose of inspecting any of the premises described in section 4111 above, or any portion thereof; and in such vent the inspector may forthwith suspend the food vending permit issued for the premises. e Summary suspension. (1) If any immediate danger to the public health or safety is found, unless the danger is immediately corrected, an inspector may temporarily suspend the permit and order the premises immediately closed. "Immediate danger to the public health and safety" means any condition, based upon inspection findings or other evidence, that can cause food infection, food intoxication, disease transmission, or hazardous condition, including but not limited to unsafe food temperature, sewage contamination, nonpotable water supply, or an employee who is a carrier of a communicable disease. (2) Whenever a permit is suspended as the result of an immediate danger to the public health or safety, the inspector shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, specifying the pertinent code section, and informing the permittee of the right to a hearing. (3) At any time within fifteen (15) calendar days after service of a notice pursuant to subsection (b), the permittee may request in writing a hearing before a hearing officer to show cause why the permit suspension is not warranted. The hearing shall be held within fifteen (15) calendar days of the receipt of a request for a hearing. A failure to request a Ordinance No. 1095 Page 10 hearing within fifteen (15) calendar days shall be deemed a waiver of the right to such hearing. 4116 Supervision of closing down premises. When any permit is first suspended hereunder, or when any premises governed hereby shall have been closed for business and left in an unsanitary condition, the Health Department shall have the power to enter to ensure that the premises are closed down in a manner which will not endanger the public health. If the permittee or his employee in charge cannot be found, or is unwilling or unable to remedy the condition of the premises, the owner of the premises shall be notified-of the unsanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition. 4117- Rules and regulations. a The Health Officer may adopt and enforce~ rules and regulations necessary to administer this part including, but not limited to, regulations pertaining to: ' (1) Forms for applications, permits and notices. (2) Forms and procedures- for hearings upon the granting, denying, suspending, revoking or reinstating of permits. (3) Inspection of premises and reporting thereon. b Penalty. Any person violating any of the provisions of this part shall be guilty of a misdemeanor. c Preemption. This part shall not apply to any matter to which it is preempted by State law. Section 2: Part 3 .of Chapter I of Article 4 of the Tustin City Code is hereby added to read as follows: Part 3 Health Services Fee 4130 Definitions The following terms used in the part shall have the meaning indicated below: Ordinance No. 1095 Page 11 3 (a) Health Department or Department shall mean the Orange 5 County Health Care Agency. 6 (b) Health Officer shall mean the County Health Officer or his or her duly authorized representative. (c) Person shall mean an individual, partnership, corporation 8 or other legal entity. 9 (d) Receipt shall mean a County public health services fee receipt. ]0 4131 Purpose and authority. The purpose of this part is to establish fees sufficient ]2 to meet the reasonable expenses of the Health Officer in enforcing State statutes, orders, quarantines and rules and ~3 regulations' of State offices and departments relating to public health, Which expenses are hereby found not to be met ]4 by the fees prescribed by the State. The authority for this part is contained in section 510 of the Health and Safety ~5 Code. 4132 Area of application. ~7 This part shall be enforceable within the territory in which the Health Officer enforces any State statute, order, 18 quarantine or rule or regulation of any State office or department relating to public health, within the City of ~9 Tustin. 20 4133 Violation. It shall be unlawful for any person to conduct any activity enumerated in this part without a valid receipt. 4134 Separate activities. 23 If'a person shall conduct more than one of the activities 24 for which a receipt is required, he must obtain a separate receipt for each activity, except as otherwise provided 25 herein. 4135 Applications. 27 Applications for a receiptshall be filed with the Health Department on a form to be provided by that Department. The 28 applications shall be accompanied by'payment of the required fee. An applicant for or recipient of a receipt shall provide Ordinance No. 1095 Page 12 3 4 the Health Officer with any information requested by him or 5 her. 6 4136 Rules and regulations. 7 The Health Officer shall administer this part and may issue regulations and prepare application and identification 8 forms pertaining thereto. 9 4137 Fees. ~0 The County may, by annual Board Resolution, adopt health service fees to be paid by the proprietor or operator of the ~] Food Facility. Such fees are to be paid directly to the County Health Officer and retained by the County as 12 reimbursement for said services related to this chapter. Passed and adopted-at a regular meeting of the City Council held on the 3rd day of August, 1992. ]4 23 27 28 City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1095 Mary E. Wynn, City Clerk and ex-officio Clerk of.the City Council of the City of Tustin, California, does' hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1095 was duly and regularly read and introduced at a regular meeting of the City Council held on the 20th day of July, 1992, and was given its second reading and duly passed and adopted at a regular meeting held on the 3rd day of Auqust,'1992, by the following vote: COUNCILMEMBER AYES: Pontious, Potts, Puckett, Thomas COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: Saltarelli Mary E.~%nn,' C~i~erk Published Tustin News: