Monterey Park City Council
May 21, 2025

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 minimum 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.

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 sufficient 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 for metalizing 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.)

Created: 2025-04-18 14:22:18 [EST]
(Supp. No. 141)

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 at 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 workin g 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.

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.)

Created: 2025-04-18 14:22:18 [EST]
(Supp. No. 141)

11.22.840 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 such cross-drafts.

C. The tank shall be located at least 25 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 be set 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.

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(Supp. No. 141)

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), 1964; Ord. 7583 Part 3 Ch. 16 § 1184, 1959.)

11.22.870 Operation.

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, a slot-type exhaust shall be installed. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1189, 1959.)

Created: 2025-04-18 14:22:18 [EST]
(Supp. No. 141)

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 § 1190, 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.

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.) Chapter 11.24 INSTITUTIONS*
Part 1 GENERAL REGULATIONS

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.)

Created: 2025-04-18 14:22:18 [EST]
(Supp. No. 141)

11.24.020 Definitions.

A. "Children's boarding homes" means any institution providing room and board for the reception and care of one or 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 consi dered 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 in 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 defined 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 director deems 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 certified to, in writing, within 24 hours of enrollment, by a physician in good professional standing or by the director, and must reveal that s uch child

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(Supp. No. 141)

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 t hat 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, prin cipal, 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.)

Created: 2025-04-18 14:22:18 [EST]
(Supp. No. 141)

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.)

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.)

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(Supp. No. 141)

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 -compartment sink 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 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, stored 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.)

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(Supp. No. 141)

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 facilities—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 suitabl e 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.

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 rooms 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.)

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(Supp. No. 141)

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.)

11.24.280 Classrooms—Seats and desks.

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; Ord. 7583 Part 3 Ch. 12 § 877 (f), 1959.)

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(Supp. No. 141)

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 sleep 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 superficial floor area.

Where a dormitory or semiprivate room is occupied by more than one child, there shall be provided not less than 60 square feet of superficial 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.)

11.24.340 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.)

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(Supp. No. 141)

11.24.350 Toilet facilities—Construction and sanitation.

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 for the 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, 1959, 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.

Created: 2025-04-18 14:22:19 [EST]
(Supp. No. 141)

(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 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 for 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), 1959.)

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.)
Chapter 11.26 LAUNDRIES

Created: 2025-04-18 14:22:19 [EST]
(Supp. No. 141)

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 cl othing.

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.

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 bactericidal 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 order shall 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 first 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 be securely wrapped or shall be conveyed from the delivery vehicle to the place of delivery in a compartment separate from soiled 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.

Created: 2025-04-18 14:22:19 [EST]
(Supp. No. 141)

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.) Chapter 11.28 LEAD HAZARDS

11.28.010 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 a lead-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 rec ent 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 of lead-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.

Created: 2025-04-18 14:22:19 [EST]
(Supp. No. 141)

(Ord. 12158 § 1 (part), 1980; Ord. 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 a lead-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.

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 or 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, medical examiner, every superintendent or manager of a dispensary, hospital, clinic or laboratory, to notify the Director promptly upon determining an elevated blood-lead level of thirty (30) micrograms per deciliter or greater in any child under seven (7) years 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. 2023-0032 § 14, 2023; Ord. 12158 § 1 (part), 1980; Ord. 7583 Part 3 Ch. 17 § 1209, 1959.) Chapter 11.30 RODENT AND PEST CONTROL23

Created: 2025-04-18 14:22:19 [EST]
(Supp. No. 141)

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 sa id conditions.
(Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 8 § 628, 1959.)

11.30.020 Rodentproofing—Structures housing food for human consumption.

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.)

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.

Created: 2025-04-18 14:22:19 [EST]
(Supp. No. 141)

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 inch.
(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 § 632, 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.) Chapter 11.32 SWIMMING POOLS AND OTHER WATER AREAS25

11.32.005 Title.

The Ordinance codified in this chapter shall be known as "Roxie's Swim Safe Ordinance." (Ord. 2022-0032 § 2, 2022.)

11.32.010 Applicability of Chapter Provisions.

This chapter shall apply to all pools, as defined herein, except pools located on the grounds of a private home. This chapter shall apply, but not be limited to, all public swimming pools, commercial pools, real estate and community pools, pools at hotels, motels, resorts, mobilehome parks, auto courts, apartment houses consisting of four (4) or more residential units, clubs, public and private schools, gymnasia and health establishments, juvenile detention facilities, and children's camps. This chapter shall apply to all auxiliary structures and equipment thereof, such as locker rooms, shower rooms, dressing rooms, and toilet facilities; and filtration, pumping, piping, disinfecting, and safety equipment provided and maintained in connection with such facil ity. (Ord. 2022-0032 § 3, 2022; Ord. 91-0099 § 1, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 550, 1959.)

Created: 2025-04-18 14:22:19 [EST]
(Supp. No. 141)

11.32.020 Definitions.

A. "Accredited lifeguard" means a person who possesses a current certificate from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or has equivalent qualifications, a current American Red Cross Standard First Aid certificate or equivalent, and complies with the requirements of California Health and Safety Code section 116028. In addition, for public swimming areas, the lifeguard shall have experience as an accredited lifeguard for at least one swimming season or 100 hours of advanced open water training or equivalent qualifications.

B. "Accredited lifeguard supervisor" means an accredited lifeguard who has the ability to monitor lifeguard performance as it relates to lifeguard and facility-specific training, including performing pre-service assessments; successful completion of a lifeguard supervisor training course; previous experience as an accredited lifeguard for at least three (3) months; knowledge of strategies to reduce risk and mitigate the health and safety hazards to both the patrons and the staff; and knowledge of developmen t and evaluation of zones of bather surveillance responsibility diagrams for an aquatic venue.

C. "Children's camp" has the same meaning as defined in Section 8.04.080.

D. "Children's day camp" has the same meaning as defined in Section 8.04.081.

E. "Children's overnight camp" has the same meaning as defined in Section 8.04.082.

F. "Department" means the Los Angeles County Department of Public Health.

G. "Direct fee" means a separately stated fee or charge for the use of a public swimming pool to the exclusion of any other service, facility, or amenity.

H. "Lazy river" means channeled flow of water of near constant depth in which the water is moved by pumps or other means of propulsion to provide a river like flow that transports bathers over a defined path. A lazy river may also be referred to as a tubing pool, leisure river, leisure pool, or a current channel.

I. "Lifeguard in training" means a person who performs lifeguard duty under the direct supervision of an accredited lifeguard during a training program or preparatory to becoming an accredited lifeguard.

J. "Lifeguard services" means the attendance at a public swimming pool, during periods of use, of one or more lifeguards who are accredited lifeguards and who are trained to administer first aid, including, but not limited to, cardiopulmonary resuscitation (CPR) as referenced in California Health and Safety Code section 1797.182 and who have no duties to perform other than to supervise the safety of participants in water - contact activities.

K. "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:

1. A swimming pool;

2. A wading pool;

3. Any portion of the Pacific Ocean; and

4. Swimming areas owned and controlled by a single family and used only by that family and its guests.

For any body of water other than described in paragraphs 1, 2, 3, or 4 above, swimming or recreative bathing shall be at the user's discretion, unless it is clearly and plainly posted, in a manner acceptable to the Department, warning that swimming or recreative bathing is prohibited.

If the Department 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

Created: 2025-04-18 14:22:19 [EST]
(Supp. No. 141)

provisions of this division 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." L. "Public swimming pool" means any swimming pool, hot tub, spa, or non -portable wading pool, that is any of the following:

1. Open to the public generally, whether for a fee or free of charge.

2. Open exclusively to members of an organization and their guests; residents of an apartment building, apartment complex, residential real estate development, or other multifamily residential area, consisting of four (4) or more units; patrons of a hotel or other public accommodations facility; or campers participating in a children's camp.

3. Located on the premises of an athletic club, or public or private school.

4. Owned or operated by the state or any local government entity.

M. "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.

N. "Swimming pool" and "pool" each means an artificial basin, chamber or tank constructed or prefabricated with impervious material, located outdoors or indoors, whether in-ground or above-ground, 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.

O. "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 eighteen (18) inches.

P. "Waterslide" means a slide that runs into a landing pool or runout through a fabricated channel with flowing water.

Q. "Wave pool" means a swimming pool designed for the purpose of producing breaking wave action in the water and that is not primarily designed for standup surfing, or bodyboarding. (Ord. 2022-0032 § 4, 2022; 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 from, bathing areas; B. Dilution and time of travel between point of 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 30day period, the average coliform index Most Probable Number (MPN) (confirmed test) shall not exceed five (5) coliform organisms per milliliter (500 per 100 ml.).

2. Not more than ten percent (10%) of the samples tested shall exceed a coliform index MPN (conformed test) of ten (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.).

Created: 2025-04-18 14:22:19 [EST]
(Supp. No. 141)

3. The bacteriological standards shall be run in accordance with Standard Methods for the Examination of Water and Sewage, published by the American Public Health Association. (Ord. 2022-0032 § 5, 2022; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 553, 1959.)

11.32.040 Public Swimming Areas—Lifesaving and First Aid Equipment.

A. Every public swimming area shall be provided with a minimum of one (1) approved life ring, buoy or equivalent at least fifteen (15) inches in diameter and, where so required, one rescue pole at least twelve (12) feet long, with hook. Such life rings, 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 Department. Suc h life rings, 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 Department, any public swimming area is of such size that unaided swimming rescues by lifeguards do not offer sufficient protection to swimmers, one or more square -sterned boats equipped with oars, oarlocks, life rings, or hollow-type paddle boards, as the Department 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 swimming areas.
(Ord. 2022-0032 § 6, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 565, 1959.)

11.32.050 Public Swimming Areas, Public Swimming Pools and Swimming Pools—Lifeguards and Aquatic Safety Plans.

A. The following locations shall provide lifeguard services:

1. Public swimming pools located at or used by children's camps and schools.

2. Public swimming pools where a direct fee is charged.

3. Public swimming pools with an induced current or wave action, including but not limited to, wave pools.

4. Swimming pools located at or used by juvenile detention facilities.

5. Lazy rivers.

6. Waterslides.

7. Public swimming pools where alcohol is served.

8. Public swimming areas when open or in use.

B. For all other public swimming pools, lifeguard service shall be provided, or signs shall be erected clearly indicating that lifeguard service is not provided. The lettering shall be legible and at least one (1) inch (25.4 mm or 36 point type) high, with a contrasting background.

C. All swimming pools requiring lifeguard services in this section shall create and implement an Aquatic Safety Plan as described below. The Aquatic Safety Plan shall include, but is not limited to, the following:

1. Pool areas staffing plan, which describes how pool staff will maintain the public swimming pool in a safe condition, including addressing health and safety hazards, water quality, staff training, facility rules and regulations, and responding to hazards and emergencies.

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(Supp. No. 141)

2. Accredited lifeguard plan, developed by an accredited lifeguard, which describes lifeguard responsibilities, including those responsibilities identified in the pool areas staffing plan and related activities.

3. Lifeguard staffing plan, which identifies the number of on-duty lifeguards needed to meet swimming pool safety and staffing requirements, and describes the duration and rotation of lifeguard tasks, staffing requirements, including any needed breaks and coverage, supervisor staffing and other staffing needs, and any additional lifeguard responsibilities.

4. Emergency Action Plan (EAP), which describes how the swimming pool staff will respond to emergency situations, including identifying responding staff, communications, equipment, and procedures.

5. Biohazard action plan, which describes the decontamination requirements should a swimming pool become contaminated, including access and restriction by the public, cleaning and disinfection, and maintenance of a record of the details of the contamination, and disposal of contaminants.

6. Accidental chemical release plan, which describes the procedures to appropriately respond to a chemical release in a swimming pool, including necessary equipment and response and cleanup procedures.

D. The swimming pool owner/operator shall retain a copy of the Aquatic Safety Plan on file at the pool facility and shall make it available for inspection by the Department. The Aquatic Safety Plan must satisfactorily contain each of the elements provided in C. 1 - 6 of this Section. The owner/operator of a swimming pool shall review and update the Aquatic Safety Plan at least annually and shall make the Aquatic Safety Plan available to the Department upon request. If, after review of the Aquatic Safety Pla n, the Department finds it deficient in the Department's opinion, the Department shall notify the owner/operator to correct and/or revise the Aquatic Safety Plan. Upon such notification, the owner/operator shall provide a revised Aquatic Safety Plan with corrections within fourteen (14) days to the Department.

E. The owner/operator shall maintain incident report records of all lifeguard rescues where the accredited lifeguards enter the water and activate the EAP. Such records shall be maintained by the owner/operator for a minimum of two (2) years from the date of incident.

F. All incidents of drowning and near-drowning which required emergency medical treatment and transportation to a health facility shall be reported by the owner/operator of a public swimming pool or public swimming area to the Department within 24 hours of the incident. (Ord. 2022-0032 § 7, 2022; 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 (8) inches between the bottom of the partition and the floor, unless otherwise approved by the Department.

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

Created: 2025-04-18 14:22:19 [EST]
(Supp. No. 141)

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 a six (6) -inch-high clear space beneath to permit flushing of the floor.

E. All dressing rooms, shower rooms, toilets, 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. 2022-0032 § 8, 2022; 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 Department and plans for new toilet facilities shall be approved by the Department prior to construction. (Ord. 2022-0032 § 9, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 567, 1959.)

11.32.080 Health Restrictions For Employees and Other Persons.

Public pool employees and users must not present a health hazard to others using the public pool or ancillary facilities, pursuant to Title 22, California Code of Regulation section 65541, and the same provisions shall apply to employees and users of public swimming areas.
(Ord. 2022-0032 § 10, 2022; 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. 2022-0032 § 11, 2022; 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 (4) feet in width surrounding the wading pool; said deck shall be constructed of impervious material and shall have a smooth, nonslip finish.

Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

B. Wading pools shall have a bottom slope of not less than one (1) inch to each four (4) feet, nor more than one (1) 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. 2022-0032 § 12, 2022; 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. 2022-0032 § 13, 2022; 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 3 ppm and a pH in the range of 7.2—7.8 shall be maintained at all times the wading pool is in use. A testing kit shall be maintained at the wading pool for this purpose. (Ord. 2022-0032 § 14, 2022; 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. 2022-0032 § 15, 2022; 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 Department.

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 Department's requirements for drinking water.
(Ord. 2022-0032 § 16, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 566, 1959.)

11.32.150 Spray Pool Requirements.

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. (Ord. 2022-0032 § 17, 2022; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 560, 1959.)

Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

11.32.160 Swimming Pool Equipment—Requirements.

A. All swimming pool equipment shall comply with the requirements of the California Building Code, Title 24, section 3123B.

B. All recirculation and purification equipment shall be subject to review and approval by the Department before installation in connection with a swimming pool.

C. 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 Department. (Ord. 2022-0032 § 18, 2022; Ord. 2014-0024 § 31, 2014; Ord. 9375 § 1 (part), 1967; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 561, 1959.)

11.32.170 Implementation Date of Amendments.

Amendments made to this chapter and adopted in 2022 are effective on January 1, 2023. (Ord. 2022-0032 § 19, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 561.2, 1959.) Chapter 11.34 SWIMMING POOL SERVICES

11.34.010 Definitions.

A. "Director" means the Director of Public Health of the County of Los Angeles, or a duly authorized representative, as provided for in Section 2.77.050 of this code.

B. "Swimming pool" and "pool" shall have the same meaning as defined in Section 11.32.020.

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.

D. "Swimming pool service technician apprentice" 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.

This chapter does not apply to an individual who maintains their 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. 2022-0032 § 22, 2022; 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.

Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

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 Department, become certified.
(Ord. 2022-0032 § 23, 2022; 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. Swimming pool service technicians shall report all incidents of drowning and near-drowning at public swimming pools to the Department within 24 hours of becoming aware of the incident. (Ord. 2022-0032 § 24, 2022; Ord. 91-0099 § 10, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1008, 1959.)

11.34.050 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. 2022-0032 § 25, 2022; 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 Department an application for certification, and shall then pay all applicable application fees, as provided for in Section 8.04.728 of Title 8, to cover the cost of giving the examination and processing the application. No portion of said fee is refundable. The applicant shall pay a penalty equal to twenty-five percent (25%) of the fee if application is not made within 31 days after commencement of the activity. A new application fee shall be paid each time the applicant takes the examination.

B. The applicant shall designate on the 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 the applicant shall designate on the application the applicant's principal office, wherever located.
(Ord. 2022-0032 § 26, 2022; Ord. 2012-0032 § 20, 2012; Ord. 93-0055 § 12, 1993; Ord. 92-0078 § 6, 1992; Ord. 91- 0099 § 13, 1991; Ord. 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 Department shall be for the purpose of determining that:

Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

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. 2022-0032 § 27, 2022; 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 Department 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, 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. 2022-0032 § 28, 2022; 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 as a swimming pool service technician or swimming pool service technician apprentice, while performing the functions for which certification is required, shall carry upon one's person and shall display to the Department upon request such certificate or other written evidence of certification as is issued by the Department.
(Ord. 2022-0032 § 29, 2022; 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 County Counsel 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. 2022-0032 § 30, 2022; Ord. 91-0099 § 17, 1991; Ord. 88-0106 § 32, 1988; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 13 § 1001.1, 1959.)

Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

11.34.110 Certification—Period of Validity—Renewal.

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 for renewal before July 31st in the amount as provided for in Section 8.04.728 of Title 8 for each certificate for the following fiscal year. A penalty equal to twenty -five percent (25%) of the renewal fee shall be submitted on or after July 31st for the renewal of the annual certification. (Ord. 2022-0032 § 31, 2022; Ord. 2012-0032 § 21, 2012; 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 a certification within two years of the expiration date shall be required to make a new application, therefore, and retake the examination in order to become recertified. (Ord. 2022-0032 § 32, 2022; 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 Department is lost or destroyed, a duplicate thereof shall be obtained from the Department. 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. 2022-0032 § 33, 2022; 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. 2022-0032 § 34, 2022; 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 or as prescribed by the Department. (Ord. 2022-0032 § 35, 2022; Ord 91-0099 § 22, 1991.)

11.34.150 Certification—Suspension Conditions.

The Department 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 the certification is performed in such manner as to create an unsanitary, unsafe, or unhealthful condition. Any person whose certification has been suspended shall surrender the written evidence of certification to the Department upon request.

Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

(Ord. 2022-0032 § 36, 2022; 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 verified statement declaring that the bases for suspension of certification have been eliminated. If, upon investigation, which the Department 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 Department shall reinstate said certification.
(Ord. 2022-0032 § 37, 2022; Ord. 91-0099 § 24, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 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 Department for a hearing thereon. Upon receipt of such written request, the Department shall set a time and place for the hearing.
(Ord. 2022-0032 § 38, 2022; 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 five (5) days prior to the day scheduled therefor by the Department. 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 is designated in the application for certification as the principal office within the County of Los Angeles, or at such place as is designated as the principal office wherever located, or in the manner provided for the service of summons in civil actions. (Ord. 2022-0032 § 39, 2022; 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 or by a referee appointed by the Director to perform such function. Such referee shall take testimony and report the findings and recommendations to the Director.
(Ord. 2022-0032 § 40, 2022; 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 by the director shall be an employee of the County, not an officer thereof. 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 regular employment duties.

Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

(Ord. 2022-0032 § 41, 2022; Ord. 2006-0040 § 101, 2006; Ord. 91-0099 § 28, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1025, 1959.)

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 the 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 the Director or referee proposing suspension or revocation of 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. 2022-0032 § 42, 2022; 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 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. 2022-0032 § 43, 2022; 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 the Director's decision immediately following termination of the hearing, the Director shall notify the certified person of such decision in writing by mail. (Ord. 2022-0032 § 44, 2022; Ord. 91-0099 § 31, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1028, 1959.)

11.34.235 Hearing Procedures.

The Department may elect to conduct a hearing in accordance with this chapter, or in accordance with the provisions of Chapter 1.25.
(Ord. 2022-0032 § 45, 2022.)

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.

Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

(Ord. 91-0099 § 32, 1991.)

11.34.250 Implementation Date of Amendments.

Amendments made to this chapter and adopted in 2022 shall be effective January 1, 2023. (Ord. 2022-0032 § 46, 2022.)
Chapter 11.35 TOBACCO RETAILING

11.35.010 Purpose and Application.

In promoting the health, safety, and general welfare of its residents, the County of Los Angeles has a substantial interest in encouraging compliance with federal, State, and local laws regulating tobacco sales and use; discouraging the purchase and use of tobacco products by anyone under the age of 21; increasing compliance with laws prohibiting the sale of tobacco products to anyone under the age of 21; and protecting children from being lured into nicotine and tobacco use through the illegal sale of prod ucts, including vaping products. It is the intent of the Ordinance codified in this Title, together with the additions to Title 7, 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 anyone under the age of 21. This Ordinance does not expand or reduce the degree to which the acts regulated by federal or State law are criminally proscribed or otherwise regulated. (Ord. 2019-0049 § 4, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.020 Definitions.

For the purpose of this Chapter, the words and terms listed below shall have the following meanings:

A. "Accessory" means equipment, products, or materials that are used, intended for use, or designed for use in smoking, vaping, ingesting, inhaling, or otherwise introducing tobacco or tobacco products into the human body and can be an object or device that is not essential in itself but adds to the beauty, convenience, or effectiveness of something else.

B. "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 location, is presumed not to be an arm's length transaction.

C. "Characterizing flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice. Characterizing flavor includes flavor in any form, mixed with or otherwise added to any tobacco product or nicotine deli very device, including electronic smoking devices.

D. "Cigarette" is any roll of tobacco wrapped in paper or in any substance not containing tobacco, or any roll of tobacco wrapped in any substance containing tobacco which is likely to be offered to, or purchased as a cigarette, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling.

Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

E. "Cigarillo" means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand units. "Cigarillo" includes, but is not limited to, tobacco products known or labeled as small cigar or little cigar.

F. "Component" means any item intended or reasonably expected to be used with or for the human consumption of a tobacco product.

G. "Department" means the Los Angeles County Department of Public Health.

H. "Director" means the Director of the Los Angeles County Department of Public Health or designee.

I. "Electronic Smoking Device" means an electronic device, including but not limited to an electronic cigarette, electronic cigar or cigarillo, electronic pipe, electronic hookah, vaping device, or any other product name or descriptor, which can be used to deliver an inhaled dose of nicotine or other substances, including any component, part, or accessory of such a device, whether manufactured, distributed, marketed, or sold as such.

J. "Flavored Tobacco Product" means any tobacco product, as defined in this Chapter, which imparts a characterizing flavor.

K. "License" means a Tobacco Retail License issued by the County pursuant to this Section.

L. "Licensee" means any proprietor holding a license issued by the County pursuant to this Chapter.

M. "Little Cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand units. "Little Cigar" includes, but is not limited to, tobacco products known or labeled as small cigar or cigarillo.

N. "Package" or "Packaging" means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale.

O. "Part" means a piece or segment of something, which combined with other pieces makes up the whole.

P. "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.

Q. "Pharmacy" means any retail establishment, including any location with an on -site pharmacy, in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.

R. "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.

S. "Self-service Display" means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.

T. "Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, characterizing flavors in any form, mixed with or otherwise added to any tobacco product or nicotine delivery device, including electronic smoking devices, and any other item designed or used for the smoking or ingestion of tobacco products.

U. "Tobacco Product" means the following:

Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

1. Any product containing, made, or derived from tobacco or nicotine whether natural or synthetic, that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff; or

2. Any electronic smoking device that delivers nicotine or other substances, whether natural or synthetic, to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, electronic hookah, or vaping device.

3. Notwithstanding any provision of subsections (1) and (2) to the contrary, "tobacco product" includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately.

4. "Tobacco Product" does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

V. "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.

W. "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. 2019-0049 § 5, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.030 Mandatory Tobacco Retail License.

A. Any person intending to act as a tobacco retailer, who does not currently hold a Tobacco Retail License, shall, within 180 days of the effective date of the Ordinance codified in this Chapter, obtain a Tobacco Retail License for each location at which tobacco retailing is to occur.

B. Nothing in this Chapter shall 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 Tobacco Retail 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. 2019-0049 § 6, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.040 Application Procedure for Tobacco Retail License.

All applications for a Tobacco Retail 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 Tobacco Retail License application must be accompanied by the required Tobacco Retail 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 Tobacco Retail License is sought.

C. Whether any proprietor has previously been issued a Tobacco Retail 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.

Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

D. Proof that the location for which a Tobacco Retail License is sought has been issued a valid State tobacco retailer's license by the California Department of Tax and Fee Administration, in addition to any other required or applicable licenses, permits, or certifications.

E. A signed affirmation by each proprietor of being informed of, and agreeing to abide by, the laws affecting tobacco retail licenses.

F. Such other information as the County deems necessary for the administration of this Chapter.

Any application that is denied is subject to an administrative review, at the request of the applicant, which shall be held pursuant to the provisions of Section 11.35.110 of this Chapter. (Ord. 2019-0049 § 7, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.050 Issuance and Renewal of Tobacco Retail License.

A. Upon receipt of an application for a new Tobacco Retail License and applicable fee, as set forth in Section

8.04.720, the applicant(s) shall be issued a Tobacco Retail License unless:

1. The application is incomplete, inaccurate, false, or misleading;

2. The Department has information that the applicant, or the applicant's agent(s) or employee(s), violated any local, State, or federal tobacco control law within the preceding 180 days; or

3. The application seeks authorization for tobacco retailing at an address where a previous Tobacco Retail 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 Tobacco Retail 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 than five years since the most recent Tobacco Retail License for that location was revoked.

B. Renewal of Tobacco Retail License. A Tobacco Retail License shall be valid for one year and must be renewed between 30 and 60 days prior to the expiration of the Tobacco Retail License. A Tobacco Retail License may be renewed for additional one year periods by submission of a renewal application and the applicable fee.

Any Tobacco Retail License that is suspended, has been revoked within the previous five years, or is subject to suspension or revocation proceedings shall not be renewed until suspension o r revocation proceedings are complete and the suspension or revocation period, if any, is over. (Ord. 2019-0049 § 8, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.055 Business License Required.

A. In addition to the Tobacco Retail License, any Tobacco Shop in an unincorporated area of the County, devoted exclusively or predominantly to the sale of tobacco, tobacco products, and tobacco paraphernalia, must have a valid business license as required by Title 7 of this Code.

B. Tobacco Shops currently holding a valid Tobacco Retail License as of the effective date of the Ordinance codified in this Chapter must apply for a business license as required by Title 7 of this Code and may legally operate while such application is in active process.

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(Supp. No. 141)

C. Any retailer establishing a new Tobacco Shop after the effective date of this Ordinance must apply for and obtain a business license as required by Title 7 of this Code and a Tobacco Retail License, as required by this Chapter, before it may legally operate.

D. If the business license is revoked or suspended for any period of time, the Tobacco Retail License shall be automatically revoked or suspended for the same period. (Ord. 2019-0049 § 9, 2019.)

11.35.060 Tobacco Retail License Nontransferable.

A Tobacco Retail License is nontransferable. If a licensee changes business location, that licensee must obtain a new Tobacco Retail License prior to acting as a tobacco retailer at the new location. If a business licensed as a tobacco retailer is sold or transferred, the new proprietor must obtain a Tobacco Retail License for that location before acting as a tobacco retailer.
(Ord. 2019-0049 § 10, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.070 Violations.

A. It shall be a violation of this Chapter for a tobacco retailer/licensee, or its agent(s) or employee(s), 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 Retail License in a publicly visible location at the licensed premises shall constitute a violation.

D. The failure of the tobacco retailer/licensee, or the applicant's agent(s) or employee(s) 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.

E. After 180 days of the effective date of the Ordinance codified in this Chapter, it shall be a violation of this Chapter for a tobacco retailer/licensee or its agent(s) or employee(s) to sell or offer for sale, or to possess with the intent to sell or offer for sale, any flavored tobacco product or any component, part, or accessory intended to impart, or imparting a characterizing flavor in any form, to any tobacco product or nicotine delivery device, including electronic smoking devices.

F. No tobacco retailer/licensee or its agent(s) or employee(s) may sell or offer for sale any little cigar or cigarillo unless it is sold in a package of at least 20 little cigars or cigarillos. Little cigars or cigarillos may not be sold individually or in packages of less than 20 units.

G. Tobacco retailing by means of a self-service display is prohibited, pursuant to State law.

H. A Tobacco Retail License may be issued to authorize tobacco retailing at a fixed location only. Tobacco retailing on foot or from vehicles, carts, or any other non-fixed location, is prohibited and shall be considered a violation of this Chapter.

I. No Tobacco Retail License may issue and no existing Tobacco Retail License may be renewed, to authorize tobacco retailing in a pharmacy, including any location with an on -site pharmacy.

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(Supp. No. 141)

J. Each tobacco retailer/licensee and its agent(s) or employee(s) must be over the age of 21 in order to sell tobacco and/or tobacco products.
(Ord. 2019-0049 § 11, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.080 Compliance Checks.

A. Compliance with this Chapter shall be monitored by the Department of Public Health ("Department") or any law enforcement officer. Any law enforcement officer may conduct compliance checks, including but not limited to youth decoy operations, and enforce the penal provisions of this Chapter.

B. The Department shall check the compliance of each tobacco retailer a minimum of one time per 12 month period. Compliance checks may be unannounced.
(Ord. 2019-0049 § 12, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.090 Administrative Fines.

Subject to 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 fine 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. 2019-0049 § 13, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.100 Suspension or Revocation of Tobacco Retail License.

A. In addition to any other remedy authorized by law, a Tobacco Retail 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 agent(s) or employee(s), 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 incomplete, inaccurate, false, or misleading information;

3. One or more of the bases for denial listed in Section 11.35.050 existed before the Tobacco Retail 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 Code.

B. During any period of suspension or revocation, the licensee shall remove all tobacco products and tobacco paraphernalia from view, including from displays and behind counter storage areas, whether or not visible to the public. All tobacco products and tobacco paraphernalia must be placed in a room that is separate from the area where point of sale transactions occur, or removed from the tobacco retail location entirely. Failure to do so may be considered a subsequent violation.

C. During any period of suspension or revocation, the tobacco retailer/licensee shall conspicuously post, at each point of sale register and near the entrance door of the tobacco retail location, a notice of a Tobacco Retail License suspension provided by the Department of Public Health. The notice shall include the suspension or

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revocation period, reason for suspension or revocation, tobacco retailer/licensee and location information, and Department of Public Health contact information to report violations.

D. When the Director finds a violation as set forth in this Chapter, the Tobacco Retail License may be suspended or revoked as follows:

1. Upon finding by the Director of a first Tobacco Retail License violation within any five year period, the Tobacco Retail License may be suspended for up to 30 days;

2. Upon a finding by the Director of a second Tobacco Retail License violation within any five year period, the Tobacco Retail License may be suspended for up to 90 days;

3. Upon a finding by the Director of a third Tobacco Retail License violation in any five year period, the Tobacco Retail License may be suspended for up to 120 days; and

4. Upon a finding by the Director of a fourth Tobacco Retail License violation within a five year period, the Tobacco Retail License shall be revoked.
(Ord. 2019-0049 § 14, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.110 Suspension or Revocation Procedure.

A. Before a Tobacco Retail 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 Retail 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 10 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.

C. After receiving a timely administrative review request, the Director shall schedule an administrative review within 20 calendar days of receipt of the written request and designate a reviewing officer. The Director may 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 10 calendar days in advance of the review.

E. The reviewing officer, in their discretion, may grant a reasonable continuance upon the written request and showing of good cause.

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.

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(Supp. No. 141)

H. Within 10 calendar days after the close of the administrative review, the reviewing officer shall issue a written decision on the suspension or revocation of the Tobacco Retail License, including a statement of the basis for the decision. The reviewing officer's written decision shall constitute the final administrative decision of the County.

I. If the Director revokes a Tobacco Retail License, no new Tobacco Retail License may be issued for five years after that revocation.
(Ord. 2019-0049 § 15, 2019; 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 civil action, including but not limited to, an 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 Retail License shall be ineligible to apply for or be issued a Tobacco Retail License as follows:

1. After a person is caught in violation of this Section, no new Tobacco Retail License may be issued for the person as a proprietor until 30 days have passed from the date of the violation; and

2. Each day that a person engages in tobacco retailing without a valid Tobacco Retail License shall constitute a separate violation.

C. Any person found by the Director to be ineligible to be issued a Tobacco Retail License pursuant to this Section may request an administrative review within 10 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

11.35.110 of this Chapter.

D. Violations of this Chapter are hereby declared to be public nuisances pursuant to this Code. (Ord. 2019-0049 § 16, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.130 Conflict with Other Law, Severability, Saving Clause.

Nothing in this Chapter shall be interpreted or applied so as to create any power or duty in conflict with any federal or State law. 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. 2019-0049 § 17, 2019; Ord. 2007-0118 § 3 (part), 2007.) Chapter 11.36 MASSAGE ESTABLISHMENTS
Part 1 GENERAL PROVISIONS

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(Supp. No. 141)

11.36.010 Purpose and Intent.

The ordinance codified in this Title, together with the additions and amendments to Titles 7, 8, and 22, are collectively referred to as the Los Angeles County Massage Establishment Ordinance. These Titles should be read together to understand an applicant and permittee's legal obligations and the Board of Supervisors' intent in implementing these provisions.
(Ord. 2020-0008 § 43, 2020.)

11.36.020 Definitions.

Definitions contained within Title 8, Chapter 8.04 of the Consumer Protection, Business and Wage Regulations shall pertain to this Chapter.
(Ord. 2020-0008 § 43, 2020.)

11.36.030 Referral of Massage Establishment Public Health Permit Applications and Law Enforcement Notification.

A. The County Health Officer, or his or her designee, within ten (10) days of receiving an application for a public health permit to operate a Massage Establishment shall refer the applicant to the Tax Collector or the incorporated city agency to obtain the applicable business license.

B. The County Health Officer, or his or her designee, shall notify the Sheriff's Department or local police department of all approved and denied Massage Establishment public health permit applications. (Ord. 2020-0008 § 43, 2020.)
Part 2 GENERAL REQUIREMENTS OF MASSAGE ESTABLISHMENTS

11.36.040 Employment of Minors Prohibited.

It shall be unlawful to employ in a Massage Establishment any individual who is not at least eighteen (18) years of age, including the use of independent contractors.
(Ord. 2020-0008 § 43, 2020.)

11.36.050 Maintenance of Premises and Equipment.

A. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities for the Massage Establishment shall be in good repair and maintained in a clean and sanitary condition.

B. The Massage Establishment's windows may not be completely obstructed.

C. Pools, showers, wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

D. Clean and sanitized towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted.

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(Supp. No. 141)

E. Separate, adequate, closed cabinets shall be provided for the storage of clean and soiled linen, and shall be plainly marked: "Clean Linen," "Soiled Linen." Linen includes, but is not limited to, sheets, towels, and apparel. Soiled towels, linens and sheets shall be laundered and dried on the premises of suitable laundry facilities or at a commercial laundry service.

F. Standard or portable massage tables with a durable, washable plastic or other waterproof material as a covering shall be used. Foam pads more than four (4) inches thick or more than four (4) feet wide may not be used. Beds, mattresses and water beds may not be used in the administration of a massage.

G. The facility shall be free of vermin, including but not limited to cockroaches, mice, rats, and other pests that carry disease.

H. A room, enclosure, or designated area that is separate from the toilet, massage room(s), steam room, or other common areas shared by the clients shall be designated and provided to employees at all times. The employee area(s) shall be furnished with adequate storage space for employees' personal belongings. Clients and members of the public may not have access to the employee area.

I. Liquid waste shall be disposed of through the approved plumbing system and shall discharge into the public sewerage or into an approved private sewage disposal system. (Ord. 2020-0008 § 43, 2020.)

11.36.060 Draping the Client—Required.

No massage, massage services, or massage therapy may be administered unless the patron's genitalia, and female breasts, are covered.
(Ord. 2020-0008 § 43, 2020.)

11.36.070 Attire Requirements.

All Massage Technicians shall meet the attire requirements specified in the California Business and Professions Code section 4609, subdivision (a)(10). All other employees, independent contractors, and owners of the Massage Establishment shall remain fully clothed in clean outer garments while on the premises of the Massage Establishment. At a minimum, such clothing shall be made of non-transparent material and shall cover the entirety of the torso area from above the chest to the knee.
(Ord. 2020-0008 § 43, 2020.)
Part 3 OPERATIONAL REQUIREMENTS OF MASSAGE ESTABLISHMENTS

11.36.080 Hours of Operation and Other Restrictions.

The permittee shall not conduct business or operate a Massage Establishment between the hours of 10:30 p.m. and 7:00 a.m. of any day.
(Ord. 2020-0008 § 43, 2020.)

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(Supp. No. 141)

11.36.090 Massage Technician—Required.

A. It shall be unlawful for any individual to practice massage therapy for compensation at a Massage Establishment unless that individual is a Massage Technician, as defined in Section 8.04.1410.

B. CAMTC-certification or a picture identification issued by the Tax Collector shall be worn by and clearly visible on the massage technician's person during working hours and at all times when the massage technician is in the Massage Establishment.

C. Massage Technicians shall not engage in lewd conduct on business premises of the Massage Establishment.

Lewd conduct means touching the genitals, buttocks, or female breast of either the Massage Technician or customer with some part of the other person's body for the purpose of sexual arousal or gratification. (Ord. 2020-0008 § 43, 2020.)

11.36.100 Manager—Required.

While open, all Massage Establishments licensed under Section 8.04.288, except Sole Proprietors, shall have a manager as defined in Section 8.04.1410 on the premises. The manager must be familiar with and capable of communicating with employees, independent contractors, and patrons of the establishment on the requirements of this Chapter and State law as it relates to massage therapy. (Ord. 2020-0008 § 43, 2020.)

11.36.110 Entry and Exit.

Massage Establishment clients shall enter and exit exclusively through the main entrance of the Massage Establishment. The main entrance shall be the door facing the street or, if no such door exists, the door that is most visible to members of the public passing by the Massage Establishment. (Ord. 2020-0008 § 43, 2020.)

11.36.120 Cleanliness.

A. Instruments used for massage shall be disinfected prior to each use by a reasonable method approved by the County Health Officer or his or her designee. Where such instruments for massage are employed, adequate quantities of supplies for disinfection shall be available during all hours of operation.

B. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided.

C. Hot (100°F) and cold running water shall be provided at all times. (Ord. 2020-0008 § 43, 2020.)

11.36.130 Contamination Prevention.

A. Skin products, such as oil, lotions, and creams, shall be dispensed from single -use containers. Skin products stored in multi-use containers shall be dispensed in a manner to prevent contamination.

B. Sponges used to rub the skin must be single use, and disposed of after each use. (Ord. 2020-0008 § 43, 2020.)

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(Supp. No. 141)

11.36.140 Operating Requirements.

A. No alcohol, cannabis or illegal drugs shall be permitted on premises. No alcoholic beverages, cannabis or drugs may be sold, served, used, consumed or possessed on business premises during business hours.

B. A person shall not enter, be or remain in any part of a Massage Establishment or premises licensed as such while in the possession of, consuming or using any alcoholic beverage or drugs. The owner, operator, manager, and every supervising employee shall not permit any such person to enter or remain upon such premises.

C. Massage Establishment owners or operators shall provide all employees with culturally and linguistically appropriate educational materials regarding employee rights, and information on a variety of resources, including linkages to health services, victim assistance services, and emergency numbers and hotlines to call for information and assistance.

D. Massage Establishment premises shall not be used as a sleeping room or for any other residential purpose.

E. A Massage Establishment owner shall notify the County Health Officer, or his or her designee, of any changes to the owner's address and/or phone number.

F. A Massage Establishment owner shall report to the County Health Officer, or his or her designee, any of the following within ninety-six (96) hours of the occurrence:

1. Arrests of any employees, independent contractors, or owners of the Massage Establishment for an offense other than a misdemeanor traffic offense;

2. Any event involving the Massage Establishment owner or a Massage Technician employed therein that constitutes a violation of this ordinance or State or federal law;

3. Any provision which requires reporting to the County Health Officer or his or her designee even if the Massage Establishment owner believes that the County Health Officer or his or her designee has or will receive the information from another source.

G. Massage, massage services, or massage therapy are not permitted in rooms, booths, or other areas with doors capable of being locked.

H. The exterior doors and the doors separating the waiting or reception area from the remainder of the establishment shall remain unlocked during business hours (including electric locking devices). This subdivision shall not apply to sole proprietorship Massage Establishments as defined in Section 8.04.1410.

I. A copy of the CAMTC certificate or valid Massage Technician license issued by the Treasurer and Tax Collector of each and every Massage Technician employed in the business shall be displayed in the reception area or similar open public place on the premises. CAMTC certificates or Massage Technician licenses of former employees and/or independent contractors shall be removed as soon as those Massage Technicians are no longer employed by or offering services through the massage business.

J. For each massage service provided, every massage business shall keep a complete and legible written or electronic record of the following information: (1) the date and hour that service was provided; (2) the service provided; (3) the name or initials of the employee entering the information; and (4) the name of the Massage Technician administering the service and the CAMTC certificate number, and business license identification number. Such records shall be open to inspection and copying by the Sheriff's De partment, or other officials charged with enforcement of this Chapter. These records may not be used by any Massage Technician or operator for any purpose other than as records of service provided and may not be provided to other parties by the Massage Technician or operator unless otherwise required by law. Such records shall be retained on the premises of the massage business for a period of two (2) years and be immediately available for inspection during business hours.

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(Supp. No. 141)

K. Condoms are prohibited on or within the premises of a Massage Establishment.

L. All massages, massage services, and massage therapy must be performed at the Massage Establishment. (Ord. 2020-0008 § 43, 2020.)

11.36.150 Lighting and Ventilation.

Massage Establishments shall comply with the local building code for lighting and ventilation. (Ord. 2020-0008 § 43, 2020.)

11.36.160 Toilet Facilities, Dressing and Lockers.

A. A minimum of one (1) toilet and one (1) washbasin, shall be provided in every Massage Establishment as per local building code for patrons and employees. Hand wash sinks shall be provided with approved, sanitary drying method(s), which includes single-use paper towels, and soap placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room.

B. Adequate dressing rooms shall be provided for patrons. Dressing rooms will be used only by patrons of the same sex at the same time. Dressing rooms need not be separate from the room in which the massage is being performed. If the massage takes place without disrobing of patrons, then separate dressing rooms are not required for each patron. A location for each patron served to safely store their valuables shall be provided such as a locker or other approved methods as approved by the County Health Offic er or his or her designee.
(Ord. 2020-0008 § 43, 2020.)

11.36.170 Hand Wash Sink for Employees.

A minimum of one separate hand wash sink shall be provided in each Massage Establishment for the use of employees. The hand wash sink shall have hot (100°F) and cold running water at all times, and shall be located within or as close as practical to the area devoted to performing massage services. In addition, there shall be provided at each hand wash sink, liquid hand soap, single-use wall mounted disposable paper towels and soap placed in permanently installed dispensers.
(Ord. 2020-0008 § 43, 2020.)

11.36.180 Recording of Activities Prohibited.

No part of a Massage Establishment where massage, massage services or massage therapy are being conducted shall be equipped with any electronic, mechanical or artificial device used, or capable of being used, for recording or videotaping, for monitoring the activities, conversation, or other sounds in the treatment room or room used by customers, except in the designated reception areas.
(Ord. 2020-0008 § 43, 2020.)
Part 4 INSPECTION OF MASSAGE ESTABLISHMENTS AND ENFORCEMENTS

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(Supp. No. 141)

11.36.190 Inspection by Officials.

Any County of Los Angeles officials, including but not limited to Los Angeles County Sheriff's Department or local law enforcement, County Health Officer, Director of Environmental Health, and Director of Regional Planning for the County of Los Angeles, or their designees, shall have the right to enter the premises from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to enforce compliance with applicable regulations, laws, and statutes.
(Ord. 2020-0008 § 43, 2020.)

11.36.200 Abatement.

Any Massage Establishment operated or maintained in a manner contrary to the requirements of this Chapter or as deemed by the County Health Officer, is hereby declared to be unlawful and a public nuisance. (Ord. 2020-0008 § 43, 2020.)

11.36.210 Hearing Process.

A. Any Massage Establishment public health permit issued to a permittee may be suspended or revoked by the Department of Public Health for a violation of the requirements of Titles 7, 8, or 11, or State and local laws or regulations. Any Massage Establishment for which the public health permit has been suspended or revoked shall close and cease doing business and remain closed until the permit has been reinstated or reissued by the Department of Public Health.

B. Whenever the Department of Public Health finds that a Massage Establishment does not comply with the requirements of Titles 7, 8, or 11, or State and local laws or regulations, a report that contains a required compliance date shall be issued to the permittee. If the permittee fails to correct the violation by the compliance date, the Department of Public Health shall issue to the permittee a written notice setting forth the permit violations found by the Department of Public Health. The notice shall inf orm the permittee of a right to compliance review and if applicable, why the permittee's public health permit should be suspended or revoked. A permittee must make a written request to the Department of Public Health for a compliance review within ten (10) calendar days of service of the notice, or correct the violation. A failure to request a compliance review within ten (10) calendar days after service of the notice shall be deemed a waiver of the right to a compliance review, and may subject the permittee's permit to immediate suspension by the Department of Public Health.

C. The compliance review shall be held within fifteen (15) calendar days of the Department of Public Health's receipt of the permittee's written request for a compliance review. Upon written request by the permittee, the compliance review officer may postpone any compliance review date, if circumstances warrant such action, or cancel the compliance review if the permittee's violations are corrected as verified by the Department of Public Health.

D. At the compliance review, the compliance review officer shall hear testimony, and read and consider documents submissions from the permittee and the Department of Public Health representatives.

E. The compliance review officer shall issue and serve a written decision to the permittee within fifteen (15) calendar days following the compliance review. In the event of suspension or revocation, the decision shall specify the permit violations that were found to exist and/or continue that were the basis of the suspension or revocation, the time period of the suspension of the permit, and the actions required for the correction of the continuing violations.

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(Supp. No. 141)

F. Failure to appear at the compliance review shall constitute an abandonment of the compliance review request.

G. 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 Department of Public Health may immediately suspend the permittee's public health permit and order the Massage Establishment immediately closed, pending the determination of a compliance review. Immediate danger to the public health or safety shall include any condition, based upon inspection findings or other evid ence that can cause or is reasonably suspected of causing, infection, illness or disease transmission, lewd conduct, human trafficking, or any known or reasonably suspected hazardous condition.

H. Whenever a public health permit is suspended as the result of an immediate danger to the public health or safety, the Department of Public Health shall issue to the permittee a notice setting forth the violations that have caused the immediate danger, specifying the Sections of this Chapter, or State or local laws or regulations, allegedly violated, and informing the permittee of the right to a compliance review and why the permittee's public health permit should be suspended.

I. The Department of Public Health may, after providing an opportunity for a compliance review, suspend or revoke a public health permit for serious or repeated violations of the requirements of the County Code, regulations, laws, statutes, or for interference in the performance of the inspection and investigation duties of the Department of Public Health.

J. A public health permit may be reinstated, or a new public health permit issued if the Department of Public Health determines that the conditions which prompted the suspension or revocation no longer exist. (Ord. 2020-0008 § 43, 2020.)

11.36.220 Suspension or Revocation of Massage Establishment Public Health Permit.

A. Any Massage Establishment public health permit issued under this Chapter may be suspended pending an Office Review when, in the opinion of the County Health Officer or his or her designee, the public health or safety requires such suspension. A written notice of such suspension shall be provided to the permit holder by hand delivery or registered mail.

B. A Massage Establishment public health permit may be revoked or suspended after an Office Review, if the County Health Officer or his or her designee finds:

1. Facts sufficient to support denial of a Massage Establishment public health permit on any ground set forth in Section 8.04.1470.

2. The Massage Technician has violated the conduct requirements in Section 11.36.090.

3. There is good cause to suspend or revoke the public health permit in accordance with Chapter 8.04 - Public Health Licenses.

4. The Massage Technician has violated any of the provisions of this Chapter or a rule or regulation adopted by the County Health Officer or his or her designee related to the practice of massage.

5. The owner of the Massage Establishment must register under the provisions of Penal Code section 290 or register as a sex offender in any state of the United States.

6. The owner has been convicted of Penal Code sections 266h (pimping), 266i (pandering), 314 (indecent exposure, obscene exhibitions, and bawdy and other disorderly houses), 315 (keeping or residing in a house of ill-fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit a place for prostitution), 647(b) (engaging in or soliciting prostitution), 653.22 (loitering with intent to commit prostitution), or 653.23 (supervision of prostitute); has a business permit or license denied, revoked,

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restricted, or suspended by any agency, board, city, county, territory, or state; is subject to an injunction for nuisance pursuant to Penal Code sections 11225—11235 (red light abatement); is convicted of a felony offense involving the sale of a controlled substance; is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or is convicted in any other state of an offense which, if committed in this State, would have been punishable as one or more referenced offenses in this subdivision.

7. The overflow or backup of toilets, sinks, floor sinks/drains resulting in the accumulation of sewage/wastewater on or within the premises.

8. The presence of a vermin infestation within the Massage Establishment.

9. The lack of available water or hot water (100°F) at all faucets within the facility.

10. The city or County business license has been revoked or suspended.

C. Whenever a public health permit has been revoked, the former permittee, whether a person, partnership, or corporation, shall not be granted a new public health permit for a period of one (1) year from the date of revocation.
(Ord. 2020-0008 § 43, 2020.)

11.36.230 Implementation.

The County Health Officer is responsible for administration of this Chapter which may include public education, public outreach, and promulgating guidelines and rules consistent with the provisions of this Chapter and the County Code.
(Ord. 2020-0008 § 43, 2020.)
Chapter 11.37 CANNABIS FACILITIES
Part 1 GENERAL PROVISIONS

11.37.010 Purpose.

A. The purpose of this Chapter is to create public health regulatory requirements to ensure that commercial cannabis activities are conducted in a manner that protects the health and safety of the consumer and the public.

B. The authority for this Chapter 11.37 is contained in Division 10 of the California Business and Professions Code, which expressly permits local regulation of commercial cannabis activities.

C. The definitions contained within this Section, also pertain to Part 7 of Chapter 8.04 of Title 8 of this Code. (Ord. 2017-0060 § 3, 2017.)

11.37.020 Definitions.

A. "Adulterated Product" means the cannabis or cannabis product that is manufactured, prepared, packed, held, or sold under insanitary conditions whereby it may have become contaminated with filth or rendered injurious to health.

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B. "Batch" means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types:

1. "Harvest batch" means a specifically identified quantity of dried flower or trim, leaves, and other cannabis plant matter that is uniform in strain, harvested at the same time, and, if applicable, cultivated using the same pesticides and other agricultural chemicals.

2. "Manufactured cannabis batch" means either of the following:
a. An amount of cannabis concentrates or extract produced in one production cycle using identical input materials, extraction methods, and standard operating procedures, and intended to have uniform character and quality; or
b. An amount of a type of manufactured cannabis produced in one production cycle using identical formulation and standard operating procedures that is intended to have uniform character and quality.

C. "Batch number" means any distinct group of numbers, letters, or symbols, or any combination thereof, assigned, as required by State law, to a specific Harvest Batch or Manufactured Cannabis Batch, and from which the complete history of the manufacturing, packaging, labeling, and/or holding of a lot of cannabis product can be determined.

D. "Best management practice" means methods or techniques found to be the most effective and practical means in achieving an objective.

E. "Cannabidiol" or "CBD" means one of the chemical compounds that are the active principles of cannabis.

F. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by section 11018 of the Health and Sa fety Code. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" does not mean "industrial hemp" as defined by section 81000 of the Food and Agricultural Code or section 1018.5 of the Health and Safety Code.

G. "Cannabis concentrate" means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate. A cannabis concentrate is not considered food, as defined by section 109935 of the Health and Safety Code, or a drug, as defined by section 109925 of the Health and Safety Code.

H. "Cannabis labeling" means any label or other written, printed, or graphic matter upon a cannabis product, or upon its container or wrapper, or that accompanies any cannabis product.

I. "Cannabis waste" means waste that is not hazardous waste, as defined in Public Resources Code section 40191, that contains cannabis and that has been made unusable and unrecognizable in a manner required by State and local laws and regulations.

J. "Component" means any substance or item intended for use in the manufacture of a cannabis product, including those substances or items that are not intended to appear in the final form of the product.

Component can include cannabis and cannabis products used as ingredients, other ingredients, and processing aids.

K. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

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L. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned, leased, or controlled by the retailer.

M. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between permittees.

N. "Dried flower" means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.

O. "Edible cannabis product" means cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by section 109935 of the Health and Safety Code, or a drug, as defined by section 109925 of the Health and Safety Code.

P. "Extraction" means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.

Q. "Finished product" means a manufactured cannabis product in its final form to be sold to a customer at a retail store.

R. "Holding" means storage of cannabis or cannabis products and includes activities performed incidental to storage of a cannabis product and activities performed as a practical necessity for the distribution of that cannabis product.

S. "Infusion" means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation to produce a cannabis product.

T. "Limited-access area" means an area in which cannabis and cannabis products are stored or held and are only accessible to the owner, operator and cannabis facility authorized personnel.

U. "Local licensing agency" means a local public entity that licenses or permits any commercial cannabis activity, as defined in this Part.

V. "Lot" means a batch or a specifically identified portion of a batch.

W. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

X. "Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.

Y. "Manufacturing" or "manufacturing operation" means all aspects of the extraction and/or infusion processes, including processing, preparing, holding, storing, packaging, or labeling of cannabis products.

Manufacturing also includes any processing, preparing, holding, or storing of components and ingredients used in cannabis products.

Z. "Manufacturing site" means the premises that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned, leased, or controlled and operated by a permittee for these activities.

AA. "Undesirable Microorganisms" means those yeasts, molds, bacteria, viruses, protozoa, and/or microscopic parasites that are pathogens, that subject manufactured cannabis to decomposition, that indicate that manufactured cannabis is contaminated with filth, or that otherwise may cause manufactured cannabis to be adulterated.

BB. "Misbranding" means misbranded cannabis or cannabis products as defined in the California Business and Professions Code, section 26121.

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CC. "Package" means any container or receptacle used for holding cannabis or cannabis products.

DD. "Permittee" means a person who has obtained a public health permit from the Department to operate a cannabis facility.

EE. "Person" means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

FF. "Person in charge" means the individual present at a commercial cannabis facility who is responsible for the operation of the commercial cannabis facility.

GG. "Pest" means undesired insect, rodent, nematode, fungus, bird, vertebrate, invertebrate, weed, virus, bacteria, or other microorganism that is injurious to human health or environment.

HH. "Pesticide" means, but is not limited to:

1. Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, or any other form of plant or animal life or virus, fungus, bacteria or other microorganism which is normally considered to be a pest, except viruses on or in a living person or other living animal.

2. Any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant.

3. Any spray adjuvant.

Pesticides include substances commonly referred to as herbicides, fungicides, insecticides, and cloning agents.

II. "Premises" means the designated structure or structures and land specified in the application for a cannabis public health permit that is owned, leased, or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by a permittee.

JJ. "Retail area" means a building, room, or other area upon the permitted premises in which cannabis and cannabis products are sold or displayed.

KK. "Sell," "sale," and "to sell" means any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a permittee to the permittee from whom the cannabis or cannabis product was purchased.

LL. "Time/temperature control for cannabis or cannabis product safety or TCS" means a cannabis or cannabis product that requires time/temperature control for safety to limit pathogenic microorganism growth or toxin formation.

MM. "THC" means the compound tetrahydrocannabinol. "THC" refers specifically to delta 9 -tetrahydrocannabinol.

NN. "Topical product" means a product intended for external use such as with cannabis -enriched lotions, balms and salves. A topical cannabis product is not considered a drug as defined by section 109925 of the Health and Safety Code.

OO. "Track and trace system" means the universal identification certificate program for commercial cannabis activity. It is the seed-to-sale tracking system that tracks cannabis and cannabis product throughout the distribution chain, from either the sprouted seed or rooted cutting (or clone) until the cannabis or cannabis product is sold or delivered to a retail customer or is destroyed. It includes the program administered by the

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California Department of Food and Agriculture, pursuant to section 26069 of the Business and Professions Code, as well as any track and trace system administered by a local jurisdiction.

PP. "Unique identifier (UID)" means an alphanumeric code or designation used for reference to a specific plant on permitted premises and any cannabis or cannabis product derived or manufactured from that plant. (Ord. 2017-0060 § 3, 2017.)
Part 2 OPERATIONAL REQUIREMENTS OF CANNABIS FACILITIES

11.37.030 Cannabis Facilities Backflow Prevention Devices.

Cannabis facilities that have approved backflow prevention devices as required by 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 Department. Records of backflow prevention device test(s) shall be submitted to the Department within 30 days using the form provided by the Department. (Ord. 2017-0060 § 3, 2017.)

11.37.040 Commercial Cannabis Manufacturing Facilities.

A. Cannabis or cannabis product manufacturing facilities shall meet all health protection operating criteria for the manufacturing of cannabis and cannabis products as required by State law and regulations promulgated by the California Department of Public Health.

B. Manufacturing cannabis facilities shall operate in a permanently constructed structure and shall not operate from a vehicle or non-permanent structure.

C. Edible cannabis products shall be:

1. Manufactured and sold under sanitation standards established by the State Department of Public Health that are similar for preparation, storage, handling, and sale of food products.

2. Marked with a universal symbol on its packaging, as required by State law, regulations adopted by the State Department of Public Health or local laws.

D. Cannabis, including concentrated cannabis, included in a cannabis product manufactured in compliance with law is not considered an adulterant under State law.

E. Prior to delivery or sale at a retailer, cannabis and cannabis products shall be labeled and placed in a resealable, tamper-evident, child-resistant package and shall include a unique identifier for the purposes of identifying and tracking cannabis and cannabis products.

F. All cannabis products shall be labeled with all health and dosage information or warnings as required by State laws and regulations, and local laws.

G. All TCS products, extractions, concentrates, and infusions intended for human consumption must be refrigerated at temperatures of 41°F or below unless otherwise approved by the Department. Approvals are based on a review of written procedures that are followed to make the product; the use of control measures; and any other scientific evidence submitted by the manufacturer from a certified laboratory or process authority that demonstrates the shelf stability of the product in question. (Ord. 2017-0060 § 3, 2017.)

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11.37.050 Commercial Cannabis Distribution Facilities.

A. A cannabis distribution facility shall meet all health protection operating criteria for the distribution of cannabis and cannabis products as required by State law and regulations promulgated by the California Bureau of Cannabis Control.

B. A distributor shall ensure that each cannabis batch is stored separately and distinctly from every other cannabis batch on the distributor's premises.

C. A distributor shall ensure a label with the following information is physically attached to each container of each batch: The manufacturer or cultivator's name and permit number; the date of entry into the distributor's storage area; the unique identifiers and batch number associated with the batch; a description of the cannabis products with enough detail to easily identify the batch; and the weight of or quantity of units in the batch.

D. A distributor shall store cannabis and cannabis products in a building designed to permit control of temperature and humidity and shall prevent the entry of environmental contaminants such as smoke and dust. The area in which cannabis and cannabis products are stored shall be vermin proof and shall not be exposed to direct sunlight. A distributor may not store cannabis or cannabis products outdoors.

E. A distributor may provide cannabis or cannabis product storage-only services to a cultivator, manufacturer, or other distributor, which are unrelated to the quality assurance and laboratory testing processes required of the distributor.

F. A distributor shall maintain a written contract with other permitted cannabis facilities storing cannabis or cannabis products on the distributor's premises. A distributor shall maintain a separate cannabis and cannabis products storage inventory for each cannabis facility and all of distributor's storage inventories and written contracts shall be provided to the Department upon request. All inventory documents shall contain the identity and State license number of all contracting parties.

G. A distributor shall ensure compliance with cannabis and cannabis product packaging and labeling requirements of State law and regulations, and local laws.

H. After taking physical possession of a cannabis batch, the distributor shall meet all testing requirements and procedures as required by State law and regulations, and local laws. Upon the request of the Department, the distributor shall immediately make available the results of all tests performed on each cannabis batch by a certified testing laboratory.

I. A distributor shall not transport or arrange for the transportation of, or in any way transfer, a batch that failed a laboratory testing to a cultivator, manufacturer, or other permittee unless specifically authorized to do so by the Department.

J. All TCS products, extractions, concentrates, and infusions intended for human consumption must be refrigerated at temperatures of 41°F unless otherwise approved by the Department. The operator of a cannabis distribution facility shall follow the manufacturer's requirement for safe storage of such products. (Ord. 2017-0060 § 3, 2017.)

11.37.060 Retail Cannabis Facilities.

A. Retail cannabis facilities, which also specifically include licensed microbusinesses that offer cannabis or cannabis products for retail sale, shall meet all health protection operating criteria for the sale of cannabis and cannabis products as required by State law and regulations, and local laws.

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B. Retail cannabis facilities shall operate in a permanently constructed structure and shall not operate from a vehicle or non-permanent structure. Retail cannabis facilities may conduct cannabis and cannabis product delivery services, if authorized to do so by the local licensing agency.

C. Permitted retail cannabis facilities shall only sell cannabis and cannabis products approved and permitted by the State.

D. Permitted retail cannabis facilities shall not sell or provide alcohol or tobacco to any customer or the public.

E. Permitted retail cannabis facilities are prohibited from giving away any amount of cannabis or cannabis products as part of a business promotion.

F. Permitted retail cannabis or microbusiness facilities shall not allow the on -site consumption of cannabis and cannabis products by any customer, person, or employee, except as authorized by local law.

G. All TCS products, extractions, concentrates, and infusions, and cannabis products intended for human consumption must be refrigerated at temperatures of 41°F unless otherwise approved by the Department.

Retail cannabis operator shall follow the manufacturer's requirement for safe storage of such products. (Ord. 2017-0060 § 3, 2017.)
Part 3 GENERAL REQUIREMENTS OF CANNABIS FACILITIES

11.37.070 Odor Management Plan.

A. Any person proposing to apply for a public health permit for a cannabis facility, or applying as a new owner of an existing cannabis facility shall submit an Odor Management Plan along with the submission of a public health permit application and plans to the Department. The Odor Management Plan shall, comply with the requirements of the local licensing agency, if any, and describe sufficient processes which, if implemented, will prevent odors from the cannabis facility from being detected by a person ou tside of the facility or indoor cultivation site.

B. The Odor Management Plan shall include a detailed description of the ventilation system used by the cannabis facility, including but not limited to, how the ventilation systems prevent odor from escaping the facility or indoor cultivation site and how to mitigate the noxious fumes or gases.

C. The cannabis facility operator shall be responsible for the development, implementation, and maintenance of the Odor Management Plan. Odor mitigation practices shall be based on industry -specific best control technologies and best management practices. The plan shall include the range of odor mitigation practices to be deployed to control odor-emitting activities, sources, and locations, how and when these practices will be deployed, and accounting for any identified odor-emitting activity.

D. The permittee, operator, or person in charge of a cannabis facility shall maintain, and provide to the Department upon request, all records relating to odor management, including but not limited to, system installation, maintenance, any equipment malfunctions and deviations from Odor Management Plan.

E. The permittee, operator, or person in charge of a cannabis facility shall maintain records of odor complaints received and response actions thereto.

F. If an inspection or complaint investigation by the Department reveals any deviation from the Odor Management Plan, such deviation shall be a violation of this Chapter.

G. If an inspection reveals that the existing Odor Management Plan does not effectively mitigate odors emanating from the cannabis facility or cannabis facility's cultivation site, the Department shall provide the operator or person in charge with a notice of deficiencies. The operator or person in charge of the cannabis

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facility shall be required to submit a modified Odor Management Plan within a reasonable amount of time, as determined by the Department. Failure to submit a modified Odor Management Plan within the required time period shall be a violation of this Chapter. Failure of an operator to submit and implement a modified Odor Management Plan may result in the suspension of the cannabis facility's public health permit.

H. When a modification is made to a cannabis facility, or the facility operation, that has the potential to impact the nature or degree of odor, or affects the control of odor, the cannabis facility operator must update its Odor Management Plan within 30 days of facility modification. Failure to submit an updated Odor Management Plan within 30 days of facility modification shall be a violation of this Chapter. (Ord. 2017-0060 § 3, 2017.)

11.37.080 Waste Management Plan.

A. Any person proposing to apply for a public health permit for a cannabis facility, or apply as a new owner of an existing cannabis facility shall submit a Waste Management Plan along with the submission of a public health permit application or plans to the Department.

B. A Waste Management Plan shall address the storing, handling, disposing, and reusing of all waste by - products and shall characterize the volume and types of waste generated for all commercial cannabis activities in compliance with the best management practices and State law and regulations.

C. A cannabis facility shall not sell or otherwise transfer title of cannabis waste, except as permitted by State law and regulation.

D. All cannabis and cannabis products that a cannabis facility intends to render into cannabis waste, whether voluntarily or directed by the Department shall be held on the premises in quarantine for a minimum of 72 hours. The cannabis facility operator shall affix to each batch the required document(s) with batch information and weight. At no time during the quarantine period may the cannabis or cannabis products be handled, moved, or rendered into cannabis waste. The quarantined cannabis and cannabis prod ucts are subject to inspection by the Department.

E. All garbage and refuse on the cannabis facility premises shall be stored in nonabsorbent, water -tight, vector resistant, durable, easily cleanable, galvanized metal or heavy plastic containers with tight fitting lids. No refuse container shall be filled beyond the capacity that prevents complete closure of the lid. All garbage and refuse on the premises, whether mixed with rubbish or other material or not, shall not be accumulated or stored for more than seven calendar days, and shall be properly dispose d of before the end of the seventh day. All waste, including but not limited to refuse, garbage, green waste and recyclables, must be disposed of in accordance with State law and regulation, and local law. All waste generated from commercial cannabis operations must be properly stored and secured, whether in the control of the cannabis facility operator or not, in order to prevent access to the public.

F. The cannabis facility shall render cannabis and cannabis product into cannabis waste before removing the cannabis waste from the premises. The rendering process shall be recorded on video. The resulting cannabis waste shall be placed in the cannabis facility's refuse bin or transferred to a waste disposal facility approved by the State. All cannabis waste shall be rendered unusable and unrecognizable by mixing, grinding, and incorporating the cannabis waste with a non-consumable material or by incorporating any nonhazardous compostable material so that the resulting mixture is at least 50 percent non -cannabis waste by volume. The cannabis waste shall be tracked by one batch at a time and the cannabis facility shall not comingle different batches into cannabis waste.

G. After a cannabis facility operator renders the cannabis and cannabis product into cannabis waste, the cannabis facility operator shall do one of the following with the cannabis waste:

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1. Dispose of the cannabis waste at a manned and fully permitted solid waste landfill.

2. Deposit the cannabis waste at a manned and fully permitted compostable materials handling facility or operation.

3. Deposit the cannabis waste at a manned and fully permitted in-vessel digestion facility or operation.

H. The cannabis facility operator shall use the track-and-trace database and onsite documents to ensure the cannabis waste materials are identified, weighed, and tracked while on the cannabis facility premises and when disposed of or deposited. The cannabis facility operator shall enter the date and time that the cannabis product was rendered into cannabis waste and the weight of the resulting cannabis waste into the track -and- trace database.

I. All cannabis facility operators shall maintain accurate and comprehensive records regarding cannabis waste material that account for, reconcile, and evidence all activity related to the generation and disposal or deposition of cannabis waste. The cannabis facility operator shall obtain a record from the solid waste facility or operation evidencing the acceptance of the cannabis waste material at the facility or operation. The record must contain the name and address of the operation or facility, the date , the volume or weight of the cannabis waste accepted, and the name and signature of the person in charge of the facility or operator who accepts the cannabis waste. Once the cannabis waste is accepted by the solid waste facility, the cannabis facility operator shall input the date and time of the disposal or deposition of the cannabis waste at a solid waste facility into the track-and-trace database. These documents are records subject to inspection by the Department.

J. All commercial cannabis operations that utilize and generate hazardous materials or hazardous waste shall comply with all applicable hazardous material regulations, including but not limited to, hazardous waste generator, underground storage tank, above ground storage tanks, and hazardous materials handling requirements and maintain any applicable permits for these programs from the Fire Prevention Division, Certified Unified Program Agency (CUPA) of Los Angeles County and Emergency Services Department o r Agricultural Commissioner.
(Ord. 2017-0060 § 3, 2017.)

11.37.090 Record Keeping.

A. A cannabis facility shall ensure compliance with the requirements for record keeping as required by the State and local enforcement agencies.

B. A cannabis facility operator shall make such records available upon request by the Department. (Ord. 2017-0060 § 3, 2017.)

11.37.100 Track and Trace System.

A. A permitted cannabis facility shall utilize the track and trace system as required by State law and regulations and local laws.

B. A permitted cannabis facility shall make track and trace system records available to the Department upon request.
(Ord. 2017-0060 § 3, 2017.)

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11.37.110 Employee Health.

A. The Department shall have authority to exclude any cannabis facility employee that handles edible cannabis and cannabis products from any cannabis facility conducting operations, including but not limited to cultivation, extraction, preparation, manufacturing, distribution, and testing, if the employee is diagnosed with an infectious agent specified in Subdivision B.1-8, and the employee is either symptomatic and still considered infectious, or is not experiencing symptoms of the illness associated with that agent but is still considered infectious.

B. For purposes of this Section, "illness" means a condition caused by any of the following infectious agents:

1. Hepatitis A virus.

2. Salmonella typhi.

3. Salmonella spp.

4. Shigella spp.

5. Entamoeba histolytica.

6. Enterohemorrhagic or shiga toxin producing Escherichia coli.

7. Norovirus.

8. Other communicable diseases that may be transmitted to others through the handling of edible cannabis and cannabis products.

C. The person in charge shall do either of the following:

1. Exclude an employee that handles edible cannabis and cannabis products from a cannabis facility if the employee is diagnosed with an infectious agent specified in this Chapter.

2. Restrict an employee from working with exposed edible cannabis and cannabis products, or cleaning equipment, utensils, and linens in an edible cannabis manufacturing and distributing facility if the employee is suffering from symptoms of an acute gastrointestinal illness.

D. The person in charge may remove a restriction for an employee upon the resolution of symptoms as reported by an employee that handles edible cannabis and cannabis products if the employee states that he or she no longer has any symptoms of an acute gastrointestinal illness.

E. Only the Department shall remove exclusions or restrictions, or both, related to diagnosed illnesses due to infectious agents specified in this Chapter after the Department provides a written clearance stating that the excluded or restricted employee is no longer considered infectious. (Ord. 2017-0060 § 3, 2017.)

11.37.120 Training Program
A. The cannabis facility operator shall implement a training program to ensure that all employees, including the person in charge, present at the premises are provided information, training, and shall have adequate knowledge of cannabis safety procedures and protocols, which, at minimum, shall include, but not be limited to the following:

1. All cannabis facility employees within 30 calendar days of the start of employment shall be trained in all health and safety hazards, hazards presented by all solvents or chemicals used at the premises as

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described in the material safety data sheet for each solvent or chemical. All employees shall review all emergency procedures, security procedures, record keeping requirements, and training requirements.

2. Prior to independently engaging in any commercial cannabis activity, the cannabis facility employee shall be trained on the overview of the cannabis facility operation and all standard operating procedures, all quality control procedures, and all hazard analysis and control procedures as appropriate. The employee shall be trained on the proper and safe usage of equipment or machinery as applicable and safe work practices applicable to an employee's job tasks. This shall include appropriate usage of any necessary safety or sanitary equipment, cleaning and maintenance requirements, and emergency operations, including shutdown procedures, or any additional information reasonably related to an employee's job duties.

3. All cannabis facilities that produce or manufacture edible cannabis products shall ensure that all employees who prepare, handle, or package edible cannabis products successfully complete a food handler course accredited by the American National Standards Institute (ANSI) within 90 days of commencing employment at the premises and again every three years thereafter. Applicable employees shall complete the ANSI-accredited food handler course no later than 90 calendar days after the effective date of the public health permit. The cannabis facility operator shall obtain documentation evidencing the fulfillment of this requirement.

4. The cannabis facility operator shall ensure that all personnel receive annual refresher training to cover, at minimum, the topics listed in this section. This annual refresher training must be completed within 12 months of the previous training completion date.

B. The cannabis facility operator shall maintain a record which contains at minimum, but not limited to:

1. An annual confirmation by the cannabis facility operator that the employee has received and understood all information and training provided in the training program.

2. A list of all employees at the premises, including at minimum, name and job duties of each.

3. Documentation of training topics and dates of training completion for all employees.

4. Training topics and dates of refresher training completion for all employees.

5. The signature of the employee and the cannabis facility operator verifying receipt and understanding of each training or refresher training completed by the employee.

6. Any official documentation attesting to the successful completion of required training by the employee.

C. The cannabis facility operator may assign the responsibility for ensuring compliance by an employee with the requirements of this Chapter to the person in charge. The assigned person in charge must have the education, training, experience, or a combination thereof necessary to ensure the production of clean and safe cannabis and cannabis products by all employees. The designated person in charge shall sign and date a document on an annual basis attesting that the supervisor has received and understood al l information and training provided in the training program. This documentation shall be maintained as part of the record requirements.
(Ord. 2017-0060 § 3, 2017.)
Part 4 INSPECTION OF CANNABIS FACILITIES

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11.37.130 Inspection.

A. The Department shall have the right to enter a cannabis facility to conduct an inspection during the facility's hours of operation to inspect the premises of the facility and enforce compliance with this Chapter, and applicable State and local public health laws and regulations.

B. Inspections shall consist of at least two unannounced site visits conducted per year by the Department to determine compliance with this Chapter; applicable State public health laws and regulations; and with the requirements of the public health permit issued and any additional investigations conducted in response to complaints received by the Department or other licensing entities, alleging that a cannabis facility is not operating in compliance with the requirements of its public health permit, and to determine compliance with this Chapter and applicable State public health laws and regulations.

C. The person in charge of the cannabis facility shall allow the Department's inspectors access to all areas of the cannabis facility during the cannabis facility's hours of operation to inspect the cannabis facility premises, storage areas, equipment, production, labeling, and packaging processes, and conveyances used in the manufacture, storage, or delivery of cannabis and cannabis products, or any place at which cannabis or cannabis products are sold, cultivated, or stored, or at any site where evidence of activities are allegedly taking place.

D. Inspections shall include review of all pertinent records including, but not limited to, the track and trace system, plans required by the Department, and standard operating procedures. The person in charge of the cannabis facility shall provide records upon request to the Department.

E. The Department shall be granted access to conduct investigations concerning the adulteration and misbranding of cannabis and cannabis products, unpermitted cannabis operations, and overall sanitation of any cannabis facility including the ability to enter and inspect any place where any cannabis or cannabis product is reasonably suspected of being manufactured or held in violation of this Chapter or State or local laws and regulations.

F. When the operator, person in charge, or employee of a cannabis facility fails to fully cooperate with the Department's inspectors and/or investigation by not allowing access to the facility areas and/or records required by this Chapter, that act or omission shall be a violation of this Chapter, and shall subject the cannabis facility to the immediate suspension or revocation of its public health permit. (Ord. 2017-0060 § 3, 2017.)

11.37.140 Cannabis and Cannabis Product Quality Assurance.

A. The Department or its designee may collect from a cannabis facility samples of cannabis and cannabis product, at no cost to the Department, to verify compliance with the cannabis and cannabis product laboratory testing and labeling requirements from a cannabis facility during the cannabis facility's operational hours without advance notice.

B. The Department may secure any sample or specimen of any cannabis product or ingredients used therein by the cannabis facility and make analyses or examinations of any sample obtained.

C. The Department shall provide the cannabis facility operator with a receipt or documentation of sample(s) collected prior to leaving the premises.

D. A copy of the results of the sample analysis shall be provided to the person in charge of the cannabis facility.

E. The Department may take an enforcement action necessary to protect the health of the public depending on the testing results and analysis of the sample or samples collected at the cannabis facility.

Created: 2025-04-18 14:22:21 [EST]
(Supp. No. 141)

(Ord. 2017-0060 § 3, 2017.)
Part 5 ENFORCEMENT

11.37.150 Public Health Permit Suspension and Revocation.

A. Any cannabis facility public health permit issued to a permittee may be suspended or revoked by the Department for a violation of the requirements of this Chapter or Part 7 of Chapter 8.04, or State and local laws or regulations. Any cannabis facility, or portion of a microbusiness, for which the public health permit has been suspended or revoked shall close and cease doing business and remain closed until the permit has been reinstated or reissued by the Department.

B. Whenever the Department finds that a cannabis facility is not in compliance with the requirements of this Chapter or State and local laws or regulations, a written notice of violation that contains a required compliance date shall be issued to the permittee. If the permittee fails to correct the violation within the specified time, the Department shall issue to the permittee a written notice setting forth the permit violations found by the Department. The notice shall inform the permittee of a right to a compliance review, if requested, to show cause why the permittee's public health permit should not be suspended or revoked. A permittee must make a written request to the Department for a compliance review within 10 calendar days of service of the notice, or correct the violation. A failure to request a compliance review within 10 calendar days after service of the notice shall be deemed a waiver of the right to a compliance review, and may subject the permittee's permit to immediate suspension by the Department.

C. The compliance review shall be held within 15 calendar days of the Department's receipt of the permittee's written request for a compliance review. Upon written request by the permittee, the compliance review officer may postpone any compliance review date, if circumstances warrant such action, or cancel the compliance review if the permittee's violations are corrected as verified by the Department.

D. At the compliance review, the Department's compliance review officer shall hear testimony and read and consider document submissions from the permittee and Department representatives.

E. The compliance review officer shall issue and serve a written decision to the permittee within 15 working days following the compliance review. In the event of suspension or revocation, the decision shall specify the permit violations that were found to exist and/or continue, the extent of the suspension of the permit, and the actions required for correction of the continuing violations. If the permittee's public health permit has been revoked, the decisions shall state the reasons for the revocation.

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 danger is immediately corrected, the Department may immediately suspend the permittee's public health permit and order the cannabis facility immediately closed, pending the determination of a compliance review. 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, illness or disease transmission, or any known or reasonably suspected hazardous condition.

1. Whenever a public health permit is suspended as the result of an immediate danger to the public health or safety, the Department shall issue to the permittee a notice setting forth the violations that have caused the immediate danger, specifying the sections of this Chapter or State and local laws or regulations, allegedly violated, and informing the permittee of the right to a compliance review.

2. At any time within 10 calendar days of service of a notice pursuant to subsection G, the permittee may request, in writing, a compliance review before a compliance review officer to show cause why the public health permit suspension is not warranted. The compliance review shall be held within 15

Created: 2025-04-18 14:22:21 [EST]
(Supp. No. 141)

calendar days of the receipt of a request for a compliance review. A failure to request a compliance review within 10 calendar days shall be deemed a waiver of the right to such compliance review.

H. The Department may, after providing opportunity for a compliance review, modify, suspend, or revoke a public health permit for serious or repeated violations of the requirements of this Chapter or State and local laws and regulations, or for interference in the performance of the inspection and investigations duties of the Department.

I. A public health permit may be reinstated, or a new public health permit issued, if the Department determines that conditions which prompted the suspension or revocation no longer exist. (Ord. 2017-0060 § 3, 2017.)

11.37.160 Recall of Cannabis And Cannabis Products.

A. All cannabis facilities shall establish and implement a written procedure approved by the Department for the recall of cannabis and cannabis products that are determined to be misbranded or adulterated in accordance with the requirements of State and local laws or regulations. Recall procedures shall include, but not limited to:

1. Factors which dictate a recall.

2. Employees responsible for implementing the recall procedures.

3. Notification protocols, including:
a. A mechanism to immediately notify the Department.
b. A mechanism to notify all customers that have, or could have, obtained the product, including communication and outreach via media, as necessary and appropriate. c. A mechanism to notify any operator of a cannabis facility that was supplied or received the recalled product.
d. Instructions to the general public and/or other cannabis facilities for the return and/or destruction of the recalled product.

4. The person in charge of the cannabis facility shall provide the following information to the Department upon request to assist in the recall investigation:
a. Source of the implicated cannabis or cannabis product. b. Name, contact information, and State license number of the distributor and manufacturer. c. Complete distribution list including name, address, and contact information; and product identification information (e.g. batch number, lot number, product coding, etc.).

B. Cannabis or cannabis products that are subject to recall or embargo because they are or are reasonably suspected of being adulterated or misbranded shall include, but are not limited to, the following circumstances:

1. Laboratory testing reports show presence of pesticide residues not permitted for use on cannabis, or a residual of permitted or approved pesticide above that which has been determined as safe in sampled cannabis or cannabis products.

2. Retail cannabis and cannabis product found to have contaminant levels exceeding those established as permissible by the State, which shall be considered to be a failed contaminant test.

3. Use of solvents that were not approved for use.

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(Supp. No. 141)

4. If a test is found to contain levels above those established by the State agency, of any mold, mildew, or filth that could be toxic if consumed.

5. If the THC content of a cannabis product is determined through testing not be homogenous, within the allowable margin of error as established by applicable State regulations, then it shall be considered to have failed potency testing.

6. Cannabis product contains of undeclared allergens.

C. The Department may initiate a recall investigation.

D. When the Department has evidence that any cannabis or cannabis products are adulterated or misbranded, the Department, shall notify the permittee and order the cannabis facility to immediately cease activities related to the manufacturing, sale and distribution of all cannabis and cannabis products that have been identified as being potentially adulterated or misbranded. The Department may, after consultation with the State, order a recall or embargo of any adulterated or misbranded cannabis or cannabis pro ducts if the manufacture, distribution, or sale of the product would create or pose an immediate and serious threat to human life or health.

E. Upon confirmation by the Department or other licensing entity that the identified cannabis or cannabis product is adulterated or misbranded, the Department may issue orders to permittees regarding the required movement, segregation, isolation, or destruction of the adulterated or misbranded cannabis and cannabis products, and may order those to be held in place, embargoed, or quarantined. It is unlawful for any person or permittee to move or allow to be moved any cannabis or cannabis products that is sub ject to an order issued pursuant to this Chapter, unless that person has first obtained written authorization from the Department.

F. The Department shall provide the permittee an opportunity for an informal review proceeding on the matter, as determined by the Department, within five days, on the actions required by the Department's recall order and on why the quarantined or embargoed cannabis or cannabis product should not be recalled.

Following the proceeding, the order may be affirmed, modified, or set aside as determined appropriate by the Department.

G. A permittee shall follow its recall procedures for the collection, storage and destruction of any recalled cannabis products. Such procedures shall include, but are not limited to, the following requirements:

1. All recalled cannabis and cannabis products that are intended to be destroyed shall be quarantined for a minimum of 72 hours. The product held in quarantine shall be subject to auditing from the Department.

2. Following the quarantine period, the permittee shall render the recalled cannabis product unusable and unrecognizable, and the rendering shall be recorded on video and maintained by the permittee for inspection by Department or other licensing entities.

3. A permittee shall dispose of chemical, dangerous, or hazardous waste in a manner consistent with Federal, State, and local laws. This requirement shall include, but is not limited to, recalled products containing pesticide or other agricultural chemicals, and flammable solvents or other chemicals used for the purpose of producing manufactured cannabis batches.

4. A permittee shall not dispose of recalled product in an unsecured waste receptacle that is not in the possession and/or control of the permittee.

H. All recalled cannabis and cannabis products shall be separated and stored in a manner that shall prevent the contamination of other cannabis or cannabis products.

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I. A permittee shall use the track-and-trace system database and on-site documentation to ensure that recalled cannabis or cannabis products intended for destruction are identified, weighed, and tracked while on the premises and when disposed of in accordance with State law and regulation, and local laws. (Ord. 2017-0060 § 3, 2017.)

11.37.170 No Conflict With State Law.

This Chapter is not intended to conflict with State law. This Chapter shall be interpreted to be compatible with State enactments and in furtherance of the public health and safety purposes that those enactments encompass. (Ord. 2017-0060 § 3, 2017.)

11.37.180 No Conflict With Federal Law.

This Chapter is not intended to conflict with federal law or stand as an obstacle or conflict with any efforts made by the federal government to enforce federal laws related to Cannabis related activities. (Ord. 2017-0060 § 3, 2017.)

11.37.190 Severability.

If any section, subsection, subdivision, clause, sentence, phrase, or portion of this Chapter is held unconstitutional or invalid or unenforceable by any court or tribunal of competent jurisdiction, the remaining sections, subsections, subdivisions, clauses, phrases or portions of this measure shall remain in full force and effect, and to this end the provisions of this Chapter are severable.
(Ord. 2017-0060 § 3, 2017.)

11.37.210 Effective Date.

The requirements of this Chapter shall not take effect in the unincorporated areas of the County of Los Angeles, unless and until the County board of supervisors allows all or certain specified commercial cannabis activities as a zoned permitted use within specified zones within the unincorporated areas of the County of Los Angeles. (Ord. 2017-0060 § 3, 2017.)

11.37.220 Adoption of Ordinance by Cities.

This ordinance shall be effective within the territorial jurisdiction of each city that incorporates the entirety of this ordinance into its municipal code by adoption or resolution. County shall enforce the provisions of this ordinance only if a city that has incorporated this ordinance into its municipal code, and enters into a service agreement with the County, as approved by the board of supervisors, for public health regulatory services for commercial cannabis activities to be performed by County. Should the contract between the city and County expire or be terminated, neither the County nor the County Health Officer shall have an obligation to enforce this ordinance or public health laws regarding commercial cannabis activities within the territorial limits of that city. (Ord. 2017-0060 § 3, 2017.)
Chapter 11.38 WATER AND SEWERS27

Title 11 - HEALTH AND SAFETY
Division 1 - HEALTH CODE
Chapter 11.38 - WATER AND SEWERS
Part 1 DEFINITIONS

Los Angeles County, California, Code of Ordinances Created: 2025-04-18 14:22:22 [EST] (Supp. No. 141)

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.)

11.38.015 Average Annual Rainfall.
"Average annual rainfall" means the average annual amount of precipitation for a location over a year as measured by the nearest National Weather Service station for the preceding three decades. For example, the data set used to make a determination in 2016 would be between 1981 - 2010. (Ord. 2018-0037 § 3, 2018.)

11.38.018 Cesspool.
"Cesspool" means an excavation with permeable sides and/or bottom that receives untreated sewage, wastewater, or drainage and is designed to retain organic matter or solids but permits liquids to seep through the bottom or sides.
(Ord. 2018-0037 § 4, 2018.)

11.38.020 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.)

11.38.025 Covenant.
"Covenant" means a written agreement between the property owner and the Director that runs with the land for the benefit of the County, which is recorded and filed with the Los Angeles County Registrar -Recorder/County Clerk.
(Ord. 2018-0037 § 5, 2018.)

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

Created: 2025-04-18 14:22:21 [EST]
(Supp. No. 141)

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.)

11.38.033 Domestic Wastewater.
"Domestic wastewater" means wastewater normally discharged from plumbing fixtures, appliances, and other household devices including toilets, sinks, showers, bathtubs, kitchen sinks, laundry washing machines, dishwashing machines, and garbage disposals. Domestic wastewater includes wastewater normally discharged from commercial buildings such as office buildings, retail stores, and restaurants with a properly sized and functioning grease interceptor where, the wastewater does not exceed nine hundred (900) m g/L Biochemical Oxygen Demand (BOD) or from industrial facilities where domestic wastewater is segregated from industrial wastewater. Domestic wastewater does not include onsite wastewater treatment systems receiving a majority of its wastewater from recreational vehicle (RV) holding tank discharges, such as at RV dump stations. (Ord. 2018-0037 § 6, 2018.)

11.38.035 Effluent.
"Effluent" means sewage or partially treated sewage flowing out of a septic tank, aerobic treatment unit, dispersal system, or other onsite wastewater treatment system component. (Ord. 2018-0037 § 7, 2018.)

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.)

11.38.042 Failing Onsite Wastewater Treatment System.
"Failing onsite wastewater treatment system" means a conventional or non -conventional onsite wastewater treatment system that is no longer able to safely treat or discharge wastewater, which may present a health risk to humans or adversely impact the environment. Factors that evidence a failing onsite wastewater treatment system include, but are not limited to:

A. A backup of sewage into a structure which is caused by a septic tank or dispersal system malfunction other than a plumbing line blockage.

B. A discharge of sewage or effluent to the ground surface.

C. A septic tank that requires pumping more than two (2) times within a one hundred eighty (180) day period in order to provide adequate dispersal of sewage.

D. A structural failure that causes effluent to discharge at a location other than where intended or allows groundwater to infiltrate the system.

E. A system affects or will likely affect groundwater or surface water to a degree that makes the water unfit for drinking or other domestic uses or causes a human health hazard or other public nuisance condition.

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(Supp. No. 141)

F. Inability to use the onsite wastewater treatment system as intended. (Ord. 2018-0037 § 8, 2018.)

11.38.044 Feasibility Report.
"Feasibility report" means the documents, test results, and geological reports required to be prepared and submitted to the Director in order to demonstrate the feasibility of installing an onsite wastewater treatment system or a non-conventional onsite wastewater treatment system, including the entirety of any future expansion area.
(Ord. 2018-0037 § 9, 2018.)

11.38.046 Future Expansion Area.
"Future expansion area" means an area designated and tested as the location for an additional dispersal system capable of handling one hundred (100) percent of the wastewater from the onsite wastewater treatment system once the original dispersal system fails.
(Ord. 2018-0037 § 10, 2018.)

11.38.048 Groundwater.
"Groundwater" means water located below the land surface in the saturated zone of the soil or rock. Groundwater includes perched water tables, shallow water tables, and zones that are seasonally or permanently saturated. (Ord. 2018-0037 § 11, 2018.)

11.38.050 Health hazard.
"Health hazard" means any faulty operating condition, water treatment 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.)

11.38.052 Impaired Water Body.
"Impaired water body" means those surface water bodies or segments thereof that are identified on a list approved first by the State Water Resources Control Board and then approved by the U.S. Environmental Protection Agency (EPA) pursuant to Section 303(d) of the Federal Clean Water Act. (Ord. 2018-0037 § 12, 2018.)

11.38.055 Non-Conventional Onsite Wastewater Treatment System (NOWTS). "Non-conventional onsite wastewater treatment system" or (NOWTS) means an onsite wastewater treatment system that utilizes, in addition to the septic tank, one (1) or more supplemental treatment components and may include an alternative dispersal system. Supplemental treatment may include systems to reduce the nitrogen concentration of the effluent, provide disinfection of the effluent, or both. (Ord. 2018-0037 § 13, 2018.)

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(Supp. No. 141)

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, or is not maintained in conformance with Section 11.38.290 of this chapter.
(Ord. 10075 § 2 (part), 1970; Ord. 7583 Part 3 Ch. 5 § 504.5, 1959.)

11.38.075 Onsite Wastewater Treatment System (OWTS).
"Onsite wastewater treatment system" or (OWTS) means a sewage disposal system consisting of a wastewater holding tank and a method to dispose of treated effluent below the ground surface. The term OWTS refers to both conventional and non-conventional onsite wastewater treatment systems. (Ord. 2018-0037 § 14, 2018.)

11.38.078 OWTS Requirements and Procedures.
"OWTS requirements and procedures" means the required standards and procedures promulgated by the Director for the installation, operation, and discharge of effluent by conventional and non -conventional OWTS. (Ord. 2018-0037 § 15, 2018.)

11.38.080 Privy Structure.
"Privy structure" means a room or compartment constructed over a water tight vault or tank, into which human fecal matter or urine is to be deposited.
(Ord. 2018-0037 § 16, 2018; 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.)

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(Supp. No. 141)

11.38.092 Seepage Pit.
"Seepage pit" means an excavation at least ten (10) feet deep and three (3) to six (6) feet in diameter, typically cylindrical in shape with six (6) inches of rock between the pit wall and a concrete or brick liner, constructed for the purpose of disposing of sewage effluent from a septic tank or treatment tank. (Ord. 2018-0037 § 17, 2018.)

11.38.094 Septic Tank.
"Septic tank" means a water tight, compartmentalized, covered receptacle designed for primary treatment of wastewater and constructed to:

A. Receive wastewater discharged from a building.

B. Separate settleable solids from liquid.

C. Digest organic matter by anaerobic bacterial action.

D. Store digested solids.

E. Clarify wastewater for further treatment with final subsurface discharge. (Ord. 2018-0037 § 18, 2018.)

11.38.096 Sewage.
"Sewage" means waste substance, liquid or solid, which contains or may contain human or animal excreta or excrement.
(Ord. 2018-0037 § 19, 2018.)

11.38.098 Telemetric Monitoring.
"Telemetric monitoring" means the ability to automatically measure and transmit OWTS data by wire, radio, or other means.
(Ord. 2018-0037 § 20, 2018.)

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.)

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(Supp. No. 141)

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 consumption 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.

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.)

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(Supp. No. 141)

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 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, 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 for 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 for 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 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

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(Supp. No. 141)

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 hearing, 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 heari ng 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 perforations 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.

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(Supp. No. 141)

(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 finds it is impractical to fully meet such requirements and if he determines the substitute methods satisfactorily 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 bored 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 for a "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.

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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 between the 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. A submersible-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 to three residences other than the primary residence, shall demonstrate a safety factor in well capacity to the satisfaction of the director. (Ord. 2005-0053 § 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 water from a new or reconstr ucted 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 Well 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.)

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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 additional 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 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.

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(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 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 mos quito 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

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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 of eliminating a cross -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 or water-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.)

11.38.430 Chlorination—Required when—Procedures.

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 for human consumption, as directed by the director, to insure the

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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 points in the distribution system. A free - 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 PRIVIES, CHEMICAL TOILETS, CESSPOOLS, AND TOILET FACILITIES2

11.38.450 Reserved.

11.38.460 Reserved.

11.38.470 Reserved.

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 Code 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, and a report of such shall be filed with the director within 30 days after such test.

2Ord. 2021-0062 § 3, adopted Nov. 30, 2021, amended the title of Ch. 11.38, Part 3, to read as herein set out. The former part was entitled "Privies, Chemical Toilets, and Cesspools."

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D. Director may distribute to the public a list of those persons certified under paragraph A. above and may charge $159.00 for 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.

A privy or privy structure shall only be installed in remote public or private recreation areas, where there is no running water or practical means of sewage disposal. Privies shall only be permitted to be installed where they are accessible for servicing by a seepage/sewage pumping vehicle. A privy or privy structure shall not be in close proximity of any food establishments of any kind or character. A privy or privy structure shall not be associated with any residential dwelling. When determined by the Director that necessity for permitted privy or privy structure no longer exists, the Director may revoke the permit. No person shall continue to maintain a privy after the permit for maintenance thereof has been revoked. Whenever any privy or privy structure is to be abandoned or no longer in service, notification shall be provided to the Director, and destruction of the privy or privy structure shall be accomplished in a manner approved by the Director. (Ord. 2018-0037 § 25, 2018; 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 tank or vault. 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 tank or vault where waste is held shall be made of a water tight material and all seams or joints shall be water tight. The privy structure over the tank or vault shall completely cover the tank or vault and shall be mounted on a cement or masonry foundation at least four (4) inches wide and extending at least six (6) inches above and twelve (12) inches below ground level. The tank or vault shall be at least four (4) feet deep and shall be provided with a ve nt at least six (6) 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. There shall be an access port to allow cleaning of the tank or vault by a sewage cleaning and carrying vehicle.
(Ord. 2018-0037 § 26, 2018; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 5 § 535, 1959.)

11.38.510 Privies—Maintenance.

The tank or vault of a privy shall not be permitted to become filled with excreta nearer than two (2) feet from the surface of the ground. The content of the privy shall be pumped out as needed by a seepage/sewage pumping vehicle permitted by the Director.
(Ord. 2018-0037 § 27, 2018; Ord. 7583 Part 3 Ch. 5 § 536, 1959.)

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11.38.520 Earthen Pit Privies and Cesspools—Construction Prohibited.

The construction of new earthen pit privies and cesspools is prohibited. An earthen pit privy currently in existence may continue to be used until it is determined that the cesspool has failed, is contaminating groundwater, or a building permit is issued to modify the residential structure served by the earthen pit privy. (Ord. 2018-0037 § 28, 2018; 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 one hundred (100) feet from any stream, water channel, spring, or well, and two hundred (200) feet from any pond, lake, reservoir or infiltration gallery. (Ord. 2018-0037 § 29, 2018; Ord. 7583 Part 3 Ch. 5 § 538, 1959.)

11.38.535 Chemical Toilets.

Chemical toilets are intended to serve non-residential, limited use activities, such as field labor operations, special events, and temporary construction sites where connection to the sewer or construction of an OWTS is not practicable. Except for those activities covered under California Occupational Health and Safety requirements or businesses permitted by the Department of Regional Planning to operate under electric transmission lines, the use of chemical toilets at a location for over three (3) days requires a public health permit. (Ord. 2018-0037 § 30, 2018.)

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 to 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.

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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 more 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.

Q. 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" 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.

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.

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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 adequate and conveniently located toilet facilities and sinks (lavatories) that meet the requirements of applicable local, State, and/or federal law. Single-user toilet facilities must comply with signage requirements of section 118600 of the Health and Safety Code and Title 24 of the California Code of Regulations. If, in the opinion of the Director, the number of toilet facilities and sinks (lavatories) is inadequate, the Director must order additional toilet facilities or sinks (lavatories), or both, to be provided.

A. If toilet 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 toilet 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. Separate employee toilet facilities need not be made available to the public if there are other toilet facilities available on the premises, unless employee toilet facilities have been constructed or altered to accommodate the physically handicapped and such toilet facilities are not available elsewhere on the premises. Toilet facilities located within food establishments which are acce ssible only through the food preparation area must be made available to persons requiring the use of a service animal by having an employee or other person escort the individual to the facility, and No live animals are 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 toilet facilities and states that because of a physical infirmity he or she requires immediate access to toilet facilities.

2. "Public accommodation or facility" means a building, structure, complex, or improved area that is used by the general public and includes 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. (Ord. 2021-0062 § 4, 2021; Ord. 2007-0089 § 98, 2007; Ord. 89-0033 § 1, 1989; Ord. 7583 Part 3 Ch. 5 § 532, 1959.)

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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 thereof who contribute to such overflow or discharge to abate the same forthwith.

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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

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 $500.00 for each day thereafter on which a violation occurs.
(Ord. 2015-0004 § 1, 2015; Ord. 2008-0052U § 1 (part), 2008; Ord. 91-0046U § 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 adjacent property, non-irrigated areas, private and public walkways, roadways, structures, 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 who own or rent premises that have hoses, faucets and sprinkling systems to inspect 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 $500.00 for each day thereafter on which a violation occurs. (Ord. 2015-0004 § 2, 2015; Ord. 2008-0052U § 1 (part), 2008; Ord. 91-0046U § 1 (part), 1991.)

11.38.640 Indoor Plumbing and Fixtures.

A. It shall be the duty of all persons who own or rent premises that have accessible indoor plumbing and faucets to inspect 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 $500.00 for each day thereafter on which a violation occurs. (Ord. 2015-0004 § 3, 2015; Ord. 2008-0052U § 1 (part), 2008; Ord. 91-0046U § 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

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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 $500.00 for each day thereafter on which a violation occurs. (Ord. 2015-0004 § 4, 2015; Ord. 2008-0052U § 1 (part), 2008; Ord. 91-0046U § 1 (part), 1991.)

11.38.660 Public Eating Places.

No restaurant, hotel, cafeteria, café, 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 $500.00 for each day thereafter on which a violation occurs.
(Ord. 2015-0004 § 5, 2015; Ord. 2008-0052U § 1 (part), 2008; Ord. 91-0046U § 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 $500.00 for each day thereafter on which a violation occurs.
(Ord. 2015-0004 § 6, 2015; Ord. 2008-0052U § 1 (part), 2008; Ord. 91-0046U § 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. 2015-0004 § 7, 2015; Ord. 2008-0052U § 1 (part), 2008.) Part 5 REQUIREMENTS FOR ONSITE WASTEWATER TREATMENT SYSTEMS

11.38.700 Discharge of Material or Liquid.

A. No person shall allow sewage, domestic or industrial wastewater, or any matter or substance, offensive, injurious, or dangerous to health, to empty, flow, seep, or drain onto the surface of any land.

B. No person shall allow sewage, treated effluent, or any matter or substance, offensive, injurious, or dangerous, to health to empty, flow, seep, or drain into, or affect any well, spring, stream, river, lake or other waters.

C. A violation of this Section is declared a public nuisance. (Ord. 2018-0037 § 31, 2018.)

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11.38.710 OWTS Requirements and Procedures.

The Director shall promulgate the OWTS requirements and procedures within thirty (30) calendar days of the adoption of this ordinance. The OWTS requirements and procedures shall be made available to the public at no charge, upon request. The Director shall review the requirements and procedures a minimum of once every five (5) years and amend the OWTS requirements and procedures as necessary to protect the health of the public and the waters of the State. The Director shall provide notice to the public of a ny proposed change(s) and provide members of the public an opportunity to comment prior to implementation. (Ord. 2018-0037 § 31, 2018.)

11.38.720 Onsite Wastewater Treatment Systems—Plan Review and Permit Requirements.

A. The Director shall have the authority to require the submission of any plans and specifications pertaining to or impacting onsite wastewater treatment systems. Such plans include, but are not limited to, subdivision of parcels where a public sewer is not available, building expansion, and the addition of a structure on a parcel of property utilizing an onsite wastewater treatment system.

B. A person proposing to construct, install, alter or repair any onsite wastewater treatment system or part thereof, or a privy structure shall submit an application and receive plan approval from the Director in accordance with the requirements of this Chapter and Title 28, Plumbing Code, including Appendix H, of the Los Angeles County Code and with the OWTS requirements and procedures prior to any work being performed.

C. A person proposing to construct or expand a building or other structure, upon which property an onsite wastewater treatment system or non-conventional onsite wastewater treatment system is installed, shall submit an application and receive a plan approval from the Director. The Director's evaluation of the proposed construction or expansion plan shall determine whether the new building, structure or expansion interferes with the existing onsite wastewater treatment system or any future expansion area req uired by Los Angeles County Code, Title 28, Plumbing Code.

D. An application shall be made on forms provided for that purpose by the Director. Any required fee shall be paid at the time of application.

E. The Director's approval of an onsite wastewater treatment system plan under this Section is separate from, and does not constitute compliance with, any permit requirements contained elsewhere in this code, including, but not limited to, the requirements under this Title 11 for obtaining a renewable operating permit for NOWTS and any requirements under Title 28, Plumbing Code for obtaining a permit for the construction or installation of an OWTS.

F. All onsite wastewater treatment systems must be installed in accordance with the plans as approved by the Director. Any changes in the installation plans must be reviewed and approved by the Director prior to installation.

G. Any plan approval issued by the Director shall be valid for one (1) year from the date of approval. If a property owner has not obtained a building permit within one year, a property owner may request an extension of the plan approval for up to one (1) additional year. If the property owner has not obtained a building permit within two (2) years, the property owner must submit a new application meeting the requirements of the most recent version of the California Plumbing Code, and pay the required fee. (Ord. 2018-0037 § 31, 2018.)

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11.38.730 Restrictions on Use of OWTS when a Public Sewer is Available.

The Director shall not issue a permit for a new onsite wastewater treatment system, approve the repair or replacement of an onsite wastewater treatment system, nor approve a project requiring the evaluation of an existing onsite wastewater treatment system if a public sewer is available within two hundred (200) feet of the building or proposed building.
(Ord. 2018-0037 § 31, 2018.)

11.38.740 Limitations on Sub-Divisions without Public Sewer Available.

Land development projects including Conditional Use Permits (CUP) and parcel sub -division projects where a public sewer is not available and that are proposed after the effective date of this ordinance, shall require the installation of a non-conventional onsite wastewater treatment system if the parcel size is smaller than the allowable density values in the following table for a single family dwelling unit, or its equivalent. The requirement for a NOWTS requires recordation of a covenant through the Count y Office of the Registrar-Recorder/County Clerk as part of the approval of the CUP or approval of the new parcels.

Average Annual Rainfall
(inches/year)
Allowable Density Value
(acres/single family dwelling unit)
0 - 15 2.5
>15 - 20 2
>20 - 25 1.5
>25 - 35 1
>35 - 40 0.75
>40 0.5

(Ord. 2018-0037 § 31, 2018.)

11.38.750 Horizontal Setback Requirements.

OWTS shall not be installed in such a manner that any of its components are located within the horizontal setbacks identified in the following table.

Minimum Horizontal
Distance in Clear
Required From:

Septic Tank Disposal Field Seepage Pit
Buildings or Structures1 5 feet
(1.52 meters)
8 feet
(2.44 meters)
8 feet
(2.44 meters)
Property line adjoining
private property
5 feet
(1.52 meters)
5 feet
(1.52 meters)
8 feet
(2.44 meters)
Public Water Well,
Where depth of
effluent dispersal
system >10 feet7,8
200 feet
(61 meters)8
200 feet
(61 meters)
Public Water Well,
Where depth of
150 feet
(45.7 meters)
150 feet
(45.7 meters)

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effluent dispersal
system ≤10 feet7
Springs, and Flowing
Surface Water7,9
100 feet9
(30.5 meters)
100 feet6,9
(30.5 meters)
150 feet6,9
(45.7 meters)
Vernal Pools,
Wetlands, Lakes,
Ponds, or Other (Non-
Flowing) Surface Water
Bodies7,10
200 feet10
(61 meters)
200 feet6,10
(61 meters)
200 feet6,10
(61 meters)
Seepage pits 5 feet
(1.52 meters)
5 feet
(1.52 meters)
12 feet
(3.66 meters)
Disposal field 5 feet
(1.52 meters)
4 feet4
(1.22 meters) 5 feet
(1.52 meters)
On site domestic water
service line
5 feet
(1.52 meters)
5 feet
(1.52 meters)
5 feet
(1.52 meters)
Distribution box 5 feet
(1.52 meters)
5 feet
(1.52 meters)
Pressure public water
main
10 feet
(3.05 meters)
10 feet
(3.05 meters)
10 feet
(3.05 meters)
Private Water Wells7 100 feet
(30.5 meters)
100 feet
(30.5 meters)
150 feet
(45.72 meters)
Monitoring wells11 100 feet
(30.5 meters)
100 feet
(30.5 meters)
100 feet
(30.5 meters)
Unstable Land Mass or
Areas Subject to Earth
Slides12
100 feet
(30.5 meters)
100 feet
(30.5 meters)
100 feet
(30.5 meters)
High Water Mark of
Reservoir, Lake, or
Flowing Water Body,
Type I13
400 feet
(122 meters)
400 feet
(122 meters)
400 feet
(122 meters)
High Water Mark of
Reservoir, Lake, or
Flowing Water Body,
Type II14
200 feet
(61 meters)
200 feet
(61 meters)
200 feet
(61 meters)
Trunk of any tree15 10 feet
(3.05 meters)
10 feet
(3.05 meters)
10 feet
(3.05 meters)

*Notes:

When disposal fields and/or seepage pits are installed in sloping ground, the minimum horizontal distance between any part of the leaching system and ground surface shall be fifteen (15) feet (4.57 meters).

1. Including decks, patios, porches and steps, whether covered or uncovered, breezeways, roofed porte-cocheres, roofed patios, carports, covered walks, covered driveways, and similar structures or appurtenances.

2. Reserved.

3. Reserved.

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4. Plus two (2) feet (.61m) for each additional one (1) foot (.305 meters) of depth in excess of one (1) foot (.305 meters) below the bottom of the drain line. (See also Section K 6 in Appendix K of the Plumbing Code.)

5. Reserved.

6. These minimum clear horizontal distances shall also apply between disposal field, seepage pits, and the ocean mean higher high tide line.

7. Where special hazards are involved, the distance required shall be increased as may be directed by the authority having jurisdiction.

8. If the depth of the effluent dispersal system exceeds twenty (20) feet (6.1 meters) and is within six hundred (600) feet (182.88 meters) of a public water well, the setback must be such that there is at least two-year travel time for microbiological contaminants.

9. Includes springs and flowing surface water bodies where the edge of that water body is the natural or levied bank for creeks and rivers, or may be less where site conditions prevent migration of wastewater to the water body.

10. Distance from vernal pools, wetlands, lakes, ponds, or other surface water bodies where the edge of that water body is the high water mark for lakes and reservoirs, and the mean high tide line for tidally influenced water bodies.

11. Where regulatory or legitimate data requirements necessitate, the required distance to monitoring wells may be decreased as may be directed by the authority having jurisdiction. If the monitoring well is installed to monitor the groundwater at the waste effluent discharge, the setbacks do not apply.

12. Unstable land mass or areas subject to earth slides shall be identified by a registered engineer or registered geologist; other setback distances are allowed, if recommended by a geotechnical report prepared by a qualified professional.

13. Four hundred (400) feet (121.92 meters) from the high water mark of a reservoir, lake, or flowing water body when the effluent dispersal system is within one thousand two hundred (1,200) feet (365.76 meters) from a public water systems' surface water intake point, within the catchment of the drainage, and located such that it may impact water quality at the intake point such as upstream of the intake point for flowing water bodies.

14. Two hundred (200) feet (60.96 meters) from the high water mark of a reservoir, lake, or flowing water body when the effluent dispersal system is located more than one thousand two hundred (1,200) feet (365.76 meters) but less than two thousand five hundred (2,500) feet (762 meters) from a public water systems' surface water intake point, within the catchment of the drainage, and located such that it may impact water quality at the intake point such as upstream of the intake point for flowing water bodies.

15. For oak trees, this requirement extends to five (5) feet (1.52m) outside of the drip line or fifteen (15) feet (4.57 meters) from the trunk, whichever is greater.

In the event of inconsistencies between the setback requirements specified in the Los Angeles County Plumbing Code, Title 28, Appendix H, the California Well Standards, and Chapter 38, Part 2 of this code, the more restrictive requirements shall prevail.
(Ord. 2018-0037 § 31, 2018.)

11.38.760 Requirements for Soil Depth and Vertical Distance to Groundwater.

A. A conventional OWTS shall have a minimum five (5) feet of natural undisturbed soil, excluding bedrock, below the bottom of a leach line, leach bed, or infiltrative chamber.

B. A conventional OWTS shall have a minimum five (5) feet of separation from the bottom of the leach line, leach bed, or infiltrative chamber and the highest known groundwater level if the percolation rate is five (5) minutes per inch to sixty (60) minutes per inch.

C. A conventional OWTS shall have a minimum of twenty (20) feet of vertical separation from the bottom of the leach line, leach bed, or infiltrative chamber and the highest known groundwater if the percolation rate is greater than one (1) minute per inch but less than five (5) minutes per inch.

D. A NOWTS shall have a minimum of three (3) feet of natural undisturbed soil, excluding bedrock, below the bottom of the leach line, leach bed, or infiltrative chamber.

E. A NOWTS shall have a minimum of two (2) feet of separation from the bottom of the leach line, leach bed, or infiltrative chamber and the highest known groundwater level, except in areas near impaired water bodies where the minimum distance shall be three (3) feet.

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F. Any OWTS utilizing a seepage pit shall have a minimum separation of ten (10) feet from the bottom of the pit to the highest known groundwater.
(Ord. 2018-0037 § 31, 2018.)

11.38.770 Structural Requirements for Septic Tanks.

It shall be unlawful to install a septic tank in a manner that does not comply with the following requirements:

A. All new or replacement tanks shall be approved by the International Association of Plumbing and Mechanical Officers (IAPMO) or stamped and certified by a California registered civil engineer as meeting industry standards and installation shall be accomplished to the manufacturer's recommendations.

B. New and replacement tanks on conventional OWTS shall be equipped with an effluent filter to prevent solids in excess of 3/16th of an inch from passing to the dispersal area. Septic tanks that use a National Sanitation Foundation/American National Standards Institute (NSF/ANSI) Standard forty-six (46) effluent filter shall be deemed in compliance with this requirement.

C. All joints between the septic tank and its components shall be watertight and constructed of solid, durable materials to prevent excessive corrosion or decay.

D. The invert level of the inlet pipe shall be at least two inches higher than the invert level of the outlet pipe.

E. All septic tank access points shall have watertight risers the tops of which are set not more than six (6) inches below grade. Access openings at grade or above shall be locked or secured to prevent unauthorized access. (Ord. 2018-0037 § 31, 2018.)

11.38.780 OWTS Utilizing Pumps to Move Effluent.

OWTS that utilize pumps to move effluent to the septic tank or from the septic tank to the dispersal system shall:

A. Be equipped with a visual, audible, or telemetric alarm that alerts the owner or service provider in the event of pump failure.

B. Provide sufficient additional storage space in the second compartment of the septic tank or pump chamber during a twenty-four (24) hour power outage or pump failure and shall not allow an emergency overflow discharge. The capacity for the storage space shall be equal to 60 - 75 percent of the interior capacity of the pipes to be dosed.
(Ord. 2018-0037 § 31, 2018.)

11.38.790 Percolation Rates for Dispersal Fields.

As an alternative to the percolation rates required in Appendix H of Los Angeles County Code, Title 28 (Plumbing Code), proposed OWTS utilizing a leach bed, leach field, or infiltrative chamber may report percolation test results as Minutes Per Inch (MPI). Percolation rates in MPI shall be either:

A. In the range between five (5) MPI and sixty (60) MPI for use with a conventional OWTS.

B. In the range between one (1) MPI and 4.9 MPI with a separation between the bottom on the dispersal system and groundwater of at least twenty (20) feet.
(Ord. 2018-0037 § 31, 2018.)

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11.38.800 Interconnection of Dispersal Systems.

Upon installation of a new dispersal system, the new system shall be interconnected with the existing system with an approved flow diversion device to allow for the alternating use of the two dispersal systems. (Ord. 2018-0037 § 31, 2018.)

11.38.810 Prohibition on the Use of Seepage Pits for New Construction.

A. The use of a seepage pit is prohibited for use with construction of onsite wastewater treatment systems for new buildings with applications submitted after the effective date of this ordinance, unless the system is equipped with additional treatment that meets the requirements of a NOWTS.

B. Notwithstanding Section A, the use of a seepage pit in conjunction with a conventional OWTS is permitted for new construction for single unit dwellings with four (4) or fewer bedrooms. (Ord. 2018-0037 § 31, 2018.)

11.38.820 Evidence of a Failing OWTS.

Whenever the Director is made aware that an OWTS is at risk of failing, the Director shall send a letter directing the property owner to have the system evaluated by a qualified contractor within seven (7) calendar days to determine whether the system must be repaired or replaced. If the evaluation reveals that the system requires repair or replacement the property owner shall:

A. Prevent any further discharges of sewage by having the system pumped by a sewage pumper truck at a frequency that will prevent overflow.

B. Follow any directive issued by the Director that is necessary to protect groundwater or prevent surfacing of sewage effluent.

C. Complete all repairs within a time determined by the Director. (Ord. 2018-0037 § 31, 2018.)

11.38.830 When a NOWTS is Required.

A. A NOWTS is required to be installed for new construction when any of the following conditions exist:

1. The percolation rate is faster than 5.12 gallons per square foot per day for a replacement seepage pit.

2. A seepage pit is proposed for installation at a new building other than a single unit dwelling with four (4) or fewer bedrooms.

3. The percolation rate for a leach field or leach bed system is faster than one (1) MPI or greater than one (1) MPI but less than 4.9 MPI and groundwater is within twenty (20) feet of the bottom of the dispersal system for a new or replacement OWTS.

4. There is less than five (5) feet but at least two (2) feet of continuous, natural, undisturbed soil beneath a dispersal system.

5. The property of the proposed system is within six hundred (600) feet of an impaired water body that is listed for pathogens or nitrogen and no established Total Maximum Daily Load (TMDL) for that water body is present.

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6. The property of the proposed system is within the area defined by an Advanced Protection Management Program (APMP) established by a TMDL implementation plan.

B. A NOWTS proposed to be installed in the areas of the Antelope Valley within the jurisdiction of the Lahontan Regional Water Quality Control Board (LRWQCB) shall not be required to include a disinfection system.

C. In addition to the circumstances listed in A above, the Director may require the installation of a NOWTS as a condition of a variance to setback requirements for repair of a failed existing system. All variances shall comply with the OWTS requirements and procedures to the maximum extent possible. (Ord. 2018-0037 § 31, 2018.)

11.38.840 Minimum Conditions for Authorization to Install a NOWTS.

All NOWTS shall meet the following minimum conditions:

A. The system shall be certified by an agency accredited by the American National Standards Institute (ANSI) as meeting the National Sanitation Foundation (NSF) Standard two hundred forty -five (245) or the system shall be approved by the Director after completing a demonstration test described in the OWTS requirements and procedures.

B. NOWTS requiring a disinfection system, shall be certified by an ANSI accredited agency as meeting NSF Standard forty-six (46) for disinfection devices.

C. The septic tank shall be part of the NSF certified system, certified by the IAPMO, or evaluated by the local plumbing official and determined to be Plumbing Code equivalent.

D. The NOWTS shall be equipped with a visual or audible alarm as well as a telemetric alarm that notifies the owner and the service provider of the NOWTS in the event of system malfunction. If the property requiring an NOWTS is in a location where telemetric monitoring is not possible, more frequent physical inspections are required per Section 11.38.880.

E. The owner shall record a covenant against the title of the property meeting the requirements of Section

11.38.890.

F. The owner, prior to approval of the NOWTS, shall enter into and maintain in effect at all times throughout the operational life of the system, a contract signed by both the property owner and a service provider certified by the components' manufacturer. The contract shall include:

1. Telemetric monitoring of the system for component failures or quarterly inspections of the disinfection system when telemetric monitoring is not available.

2. Annual inspections of the system or more frequent routine maintenance as recommended by the manufacturer when telemetric monitoring is available.

3. Any required sampling of influent and effluent based on the system type, age, and location.

G. The Director may, at any reasonable time, require samples to be taken from the NOWTS while a department representative and/or a contractor or agent of the department is present. (Ord. 2018-0037 § 31, 2018.)

11.38.850 Performance Standards for NOWTS.

A. All NOWTS shall be designed to produce effluent that meets the following criteria:

1. Total Suspended Solids of less than thirty (30) mg.

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2. Biological Oxygen Demand five (5) day average (BOD 5 ) of less than thirty (30) mg/l.

3. PH not less than 6.0 or greater than 9.0.

B. NOWTS treatment of nitrogen must result in a fifty (50) percent reduction in Total Nitrogen.

C. NOWTS provide disinfection that does not exceed a fecal coliform content of two hundred (200) per one hundred (100) milliliters using the Most Probable Number (MPN) analytical method with a minimum detection limit of 2.2 MPN.
(Ord. 2018-0037 § 31, 2018.)

11.38.860 NOWTS Permit.

A. A permit shall be issued by the Director for the operation of a NOWTS upon the approval of the system. A permit shall be valid for the location, type of system, and conditions of the approval, unless suspended or revoked by the Director.

B. The permit fee shall be collected in accordance with Los Angeles County Code Title 8, Sections 8.04.950 -

8.04.995.

C. A permit may be suspended or revoked by the Director for the following reasons:

1. The NOWTS is contributing to the contamination of groundwater, surface water, or resulting in the surfacing of effluent, and the owner has not returned the NOWTS to operating condition within the time required by the Director.

2. The owner does not submit records of maintenance inspections or results of effluent testing as required by this ordinance within the time required by the Director.

D. It shall be a violation of this code to operate a NOWTS for which the permit has been suspended or revoked.

E. The owner of the NOWTS shall make the system available within five (5) calendar days for inspection upon notice by the department.
(Ord. 2018-0037 § 31, 2018.)

11.38.870 Maintenance Required and Reporting Results.

A. The property owner shall have the NOWTS inspected and serviced at the rate set by the manufacturer as set forth in the manufacturer's operation and maintenance manual or at least annually, by a service provider certified by the manufacturer.

B. If the property is located in an area where telemetric monitoring is not possible, the property owner shall cause the NOWTS to be inspected monthly by the NOWTS owner as directed and instructed by a NOWTS service provider, and quarterly by the NOWTS service provider, in order to determine whether the NOWTS is operating as required.

C. The service provider shall submit copies of all inspection and maintenance reports to the Director within thirty (30) days of any inspection or maintenance of the NOWTS. (Ord. 2018-0037 § 31, 2018.)

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11.38.880 Influent and Effluent Testing and Reporting Requirements.

Owners of NOWTS shall have their maintenance service provider collect and submit samples for laboratory testing of influent and effluent to determine if the system meets the performance standards specified in Section

11.38.850. The frequency of this sampling shall comply with the following table.

Type of System When Testing is Required
All NOWTS After completions of repairs (Within seven (7) days) NOWTS installed in within six hundred (600) feet of a
water body impaired for pathogenic bacteria or in
response to a TMDL for bacteria
Annually with telemetric monitoring or Quarterly
without telemetric monitoring
NOWTS larger than a single family residence located in
the Antelope Valley
Annually

The service provider shall submit a copy of the laboratory analysis of effluent testing to the Director within thirty (30) days of the date the results are provided to the owner or service provider by the laboratory. (Ord. 2018-0037 § 31, 2018.)

11.38.890 Covenant.

A. The approval of a NOWTS for a future expansion area requires recordation of a covenant through the County office of the Registrar-Recorder/County Clerk.

B. The installation of a NOWTS requires recordation of a covenant through the County Office of the Registrar - Recorder/County Clerk.

C. The covenant shall inform all future prospective owners of the property of the following:

1. A NOWTS is installed on the property.

2. Operation and maintenance of the NOWTS is required to comply with State and local laws.

3. A service agreement for maintenance and monitoring is required at all times with an approved servicing company.

4. The Director must be notified in writing within thirty (30) days of a change of servicing company.

5. Maintenance records and effluent testing results must be submitted to the Director within thirty (30) days of annual servicing.

6. The owner is required to repair the system and conduct effluent testing of the system if inspection reveals that it is not in compliance with State or local laws.

7. The owner is required to replace the NOWTS at their own expense if it cannot be repaired to be in compliance.

8. The owner agrees to allow inspection of the NOWTS within five (5) calendar days, upon notice by the Director, absent an emergency.
(Ord. 2018-0037 § 31, 2018.)
Part 6 SEWAGE PUMPING VEHICLES

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11.38.900 Seepage/Sewage Pumping Vehicle Operator.

An operator of a seepage/sewage pumping vehicle is required to register with the local jurisdiction as per California Health and Safety Code Sections 117400-117450. A public health license shall be issued to the owner of a seepage/sewage pumping vehicle when that person has demonstrated that either the owner or an employee of the owner has adequate knowledge to train other employees as described in Section 11.38.910.

A change of address of the owner including a member of a partnership that is registered and of the place of business thereof shall be reported in writing by the owner to the Director within two (2) days after the change of address.
(Ord. 2018-0037 § 32, 2018.)

11.38.910 Adequate Knowledge.

A public health license shall only be issued after the applicant or his or her representative submits demonstrates adequate knowledge of the following topics:

A. Knowledge of the equipment to be used.

B. The applicant's knowledge of sanitary principles and of the laws and ordinances affecting human health or nuisances, including the factors that evidence a failing OWTS and appropriate locations for disposal of septage. Proper use of personal protective equipment.

C. Clean up of spills or discharges of sewage from failed plumbing systems.

Knowledge may be demonstrated by submitting curriculum for the training of new staff to the Director for approval, completion of a training course from a professional organization, such as the California Onsite Water Association (COWA), or an approved public entity or an online course acceptable to the Director. The individual receiving the training shall be designated as the trainer for his or her organization. The applicant shall maintain a trainer as part of the organization. If the trainer leaves the organization, it has ninety (90) days to obtain a new trainer.

The owner shall be responsible for ensuring that employees responsible for the clean out of septic tanks, chemical toilets, cesspools and sewage seepage pits are properly trained before they work independently, and get trained annually thereafter.

The owner shall have available for the Director upon request the name of the trainer and records of the employee's annual trainings.
(Ord. 2018-0037 § 32, 2018.)

11.38.920 Required for Seepage/Sewage Pumping Vehicle.

No person shall operate a sewage pumping vehicle without first making application and securing a license from the Director.
(Ord. 2018-0037 § 32, 2018.)

11.38.930 Application and Issuance Conditions.

A. Applications for seepage/sewage pumping vehicles shall be made on forms provided for that purpose by the Director. All applicable fees, shall be paid at the time of the application.