Created: 2025-04-18 14:22:15 [EST]
(Supp. No. 141)
11.12.260 Hazardous materials.
Cleaning compounds, sanitizing agents, pesticides, or other hazardous materials shall be identified, held, used, and stored in a manner that protects against the contamination of food, food contact surfaces, or food packaging materials.
(Ord. 2007-0089 §§ 62, 63, 2007.)
11.12.270 Employee practices.
A. No employee shall commit any act, which may result in contamination or adulteration of any food, food contact surface, food packing material, utensil, or equipment.
B. Any employee who by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesions, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which there is a reasonable possibility of food, food contact surfaces, or food packaging materials becoming contaminated, shall be restricted from working with exposed food, clean utensils, linens, and unwrapped single-use articles; and may be excluded from any operations which may be expected to result in such contamination until the condition is corrected. Employees shall be instructed to report such health conditions to owner/operator.
C. All employees shall wash hands thoroughly at an approved hand washing facility before starting work, after each absence from the workstation, before donning gloves for working with food and at any other time when the hands may have become soiled or contaminated. Signs directing the employees to wash their hands shall be posted in each toilet room and in all other areas where employees wash their hands.
D. All employees, while engaged in the preparation of food or the washing of utensils, shall wear clean, washable outer garments; shall keep their hands and fingernails clean; shall wear hairnets, caps or other suitable coverings to confine all hair; shall not engage in or permit the use of tobacco in any form; shall not permit the discharge of any substance from the mouth, nose or other part of the body; and shall not eat food, chew gum or drink beverages in areas where food is prepared, processed, packed, st ored or where equipment or utensils are washed or stored. Hair-brushing or combing shall not be permitted in any wholesale food establishment except in a toilet room or dressing room, separate from any room in which food is prepared or in which utensils are washed.
E. Gloves shall be worn when contacting food and food surfaces if the employee has any cuts, sores, rashes, artificial nails, nail polish, rings, uncleanable orthopedic support devices, or fingernails that are not clean, neatly trimmed, and smooth. All employees shall maintain gloves, if they are used in food handling, in an intact, clean and sanitary condition. The gloves shall be of an impermeable material, used for a single food handling operation only, and not reused. A clean pair of gloves shall be use d at the start of work, when resuming work after an absence from the workstation, and at any other time when the gloves may have become soiled or contaminated.
F. In all areas where food is prepared, processed, or packaged, all employees shall remove all unsecured jewelry and other objects that might fall into food, equipment, or containers, and remove hand jewelry that cannot be adequately sanitized during periods in which food is manipulated by hand. If such hand jewelry cannot be removed, it may be covered by material which can be maintained in an intact, clean, and sanitary condition and which effectively protects against the contamination by these objects of the food, food contact surfaces, or food packaging materials.
G. All employees shall store clothing or other personal belongings, including medicines, cosmetics, drugs, and toilet articles, in areas other than where food is exposed or where equipment or other utensils are washed.
Created: 2025-04-18 14:22:15 [EST]
(Supp. No. 141)
(Ord. 2007-0089 §§ 64, 65, 2007.)
11.12.280 Linen and clothing.
A. Adequate and suitable space shall be provided for the storage of clean linens, including apparel, towels, and wiping cloths.
B. Soiled linens, coats and aprons shall be kept in cleanable, labeled containers provided for the purpose, and shall not be reused until they have been laundered or cleaned. No linen that has been used for any other purpose since laundering shall be used for wiping utensils, counters or equipment, or for contact therewith.
C. Wiping cloths used to wipe equipment and other surfaces that may directly or indirectly contact food shall be used only once until laundered, or if held in a sanitizing solution of concentration as stated in Section
11.12.170 when not wiping, may be used repeatedly. Whenever a sanitizing solution becomes turbid or heavily permeated with food particles and juices, or no longer meets a concentration as stated in Section
11.12.170, it shall be replaced.
(Ord. 2007-0089 §§ 66, 67, 2007.)
11.12.290 Sleeping accommodations prohibited.
No sleeping accommodations shall be maintained or kept in any room where food is prepared, processed, stored, distributed, or sold.
(Ord. 2007-0089 §§ 68, 69, 2007.)
11.12.310 Incidents that render food unwholesome.
A. The operator of every wholesale food establishment after the occurrence of an incident which creates a hazard to the safety, sanitation or wholesomeness of any food or drink, shall notify the director forthwith.
This section applies to any food or drink that is intended for consumption by any human or animal.
B. The wholesale food establishment operator shall provide the following information to the director upon request to assist in tracing the source of pathogens and in preventing the spread of foodborne illness: an e - mail address or facsimile number, emergency phone number and hours of operation.
C. The wholesale food establishment operator shall provide the following information to the director upon request to assist in the recall or trace-back of foods found to be hazardous or unwholesome for human or animal consumption: Source of all product ingredients; complete distribution list including name, address and contact information; and product identification information (e.g. batch #, lot #, product coding, etc.). (Ord. 2007-0089 §§ 71, 72, 2007.)
11.12.320 Dairy employees—Health examination requirements.
A. It shall be the duty of each dairyman or manager of any place where milk is prepared, bottled or pasteurized, whenever a system of medical examination of all employees has been established under state or local laws, to maintain a registry of the results of all such examinations. Such registry shall show the name, age and sex of each person, the date of the last examination and the result thereof, together with such other data as the county health officer may require in the enforcement of this Division 1.
Created: 2025-04-18 14:22:15 [EST]
(Supp. No. 141)
B. It shall be the duty of the owner of such dairy or other similar institution to keep such registry, at all times up-to-date and open to inspection by the director.
(Ord. 2007-0089 § 78, 2007.)
11.12.330 Milk and cream—Pasteurization required when.
A. No market milk and no market cream may be sold, served, offered or exposed for sale, or delivered for human consumption, unless it is pasteurized.
B. Exemptions. The provisions of this section shall not apply to:
1. Certified milk or cream;
2. Guaranteed raw milk;
3. Grade A raw milk;
4. The delivery or sale of milk to wholesalers or to pasteurization plants for the purpose of being pasteurized.
C. Definitions. The meanings of the terms, "market milk," "market cream," "pasteurized," "pasteurization," "certified milk," "certified cream," "guaranteed raw milk," and "Grade A raw milk" as used in this section, shall be as defined in the Food and Agricultural Code of California. (Ord. 2007-0089 § 79, 2007.)
11.12.340 Impound and quarantine.
A. The director, based upon inspection findings or other evidence and for the protection of the public health, may do any of the following:
1). Impound and, if deemed necessary, destroy any food that is found to be, or is suspected of being, contaminated or adulterated.
2). Impound equipment or utensils that are found to be unsanitary or in such disrepair that food, equipment or utensils may become contaminated or adulterated. The director may attach a tag to such food, equipment or utensils that shall be removed only by the director following verification that the condition has been corrected.
B. No food, equipment, or utensil impounded shall be used unless the impoundment has been released.
C. Food which is contaminated, unfit for human or animal consumption or found to be dangerous to public health, shall be ordered quarantined or destroyed by the director. If quarantined, instructions shall be given to the person who controls such food as to the condition of the quarantine. It is unlawful for such person to make any disposition of such food other than that ordered by the director.
D. The provisions of Section 2080.6 of the Civil Code, regarding unclaimed property, shall apply whenever the director impounds any unsanitary food equipment or equipment that is in such disrepair that food, equipment, or utensils may become contaminated or adulterated. If any impounded equipment remains unclaimed for a period in excess of 30 days, the equipment shall be held no less than three months from date of impoundment, and thereafter may be sold by the purchasing agent or retained for a public use. If the equipment is claimed by its owner, the owner shall pay a reasonable charge as set forth in the Los Angeles County Code, Title 8, to defray costs of storage of the equipment. (Ord. 2007-0089 § 81, 2007.)
Title 11 - HEALTH AND SAFETY
Division 1 - HEALTH CODE
Chapter 11.13 INDEPENDENT WHOLESALE VEHICLES
Los Angeles County, California, Code of Ordinances Created: 2025-04-18 14:22:15 [EST] (Supp. No. 141)
Chapter 11.13 INDEPENDENT WHOLESALE VEHICLES
11.13.010 Definitions.
The following words and phrases shall apply to this chapter irrespective of their use in other Chapters of Part 1 of this Title:
A. "Independent Wholesale Food Vehicle" means any vehicle, not owned by the shipper or receiver, that is used to transport food from a warehouse, manufacturer, distributor, or other wholesale provider for delivery to a retailer, warehouse, distributor, or other destination. An independent wholesale food vehicle shall not be permitted to conduct sales at the retail level. An independent wholesale food vehicle originating outside of the jurisdiction of the director, which has been inspected by the health offi cer at the jurisdiction of origin and which bears an identification that the jurisdiction of origin has issued a public health permit, shall not be required to obtain a public health license from Los Angeles county under this chapter.
B. "Approved" means approved by the director based upon a determination of conformity with applicable laws, current public health principles, practices, and generally recognized industry standards that protect the public health subject to annual certification.
(Ord. 2007-0089 § 84, 2007.)
11.13.020 Requirements for independent wholesale food vehicle storage facilities.
A. Adequate facilities shall be provided for the sanitary disposal of liquid waste from the wholesale food vehicle.
B. Adequate facilities shall be provided for the sanitary disposal of garbage and rubbish originating from the wholesale food vehicle.
C. Hot and cold water, under pressure, shall be available for cleaning the wholesale food vehicle. (Ord. 2007-0089 § 85, 2007.)
11.13.030 Requirements for wholesale food vehicles.
A. The compartments in which food is carried on wholesale food vehicles shall be enclosed and the exterior doors and windows shall be tightly fitted to prevent the entrance of dust, dirt, moisture, or vermin.
B. The floor shall be of non-corrosive, nontoxic metal, or other approved material, extending at least 4 inches (4") up the side of the compartment. Tight-fitting, nonabsorbent hardwood flooring may be used when only dry food products are transported. The interior floor, sides, and top of the food compartment shall be free from cracks, seams, or linings where vermin may harbor, and shall be constructed of a smooth, washable, impervious material capable of withstanding frequent cleaning with acceptable sanit izing agents, including steam. Slide rails, hooks, shelves, racks, and similar equipment shall be constructed of a nontoxic, non - corrosive, easily cleanable material, and shall be so installed as to be readily accessible or easily removable for cleaning. Vehicles shall be so constructed that no liquid wastes from the food compartment can drain onto any street, sidewalk, or premises.
Created: 2025-04-18 14:22:15 [EST]
(Supp. No. 141)
C. All food compartments used to hold potentially hazardous foods shall be provided with an approved mechanism capable of maintaining potentially hazardous foods at or below 45°F or at or above 135°F during transportation.
(Ord. 2007-0089 § 86, 2007.)
11.13.040 Requirements for food vehicle identification.
The name, address, and telephone number of the owner/operator, permittee, or business name shall be legible, clearly visible, and permanently indicated on at least two sides of the exterior of the vehicle. The name shall be at least three inches (3") high and shall have strokes at least three-eighths inch (3/8") wide, and shall be of a color contrasting with the vehicle exterior. Letters and numbers for the address and telephone number shall not be less than one inch high.
(Ord. 2007-0089 § 87, 2007.)
11.13.050 Food vehicle temperature requirements.
All potentially hazardous foods being transported in food compartments shall be held at a temperature at or below 45°F or at or above 135°F. If frozen foods are carried, the food temperature shall be maintained at 5°F or below.
An accurate device for measuring temperature shall be maintained inside the food compartments where potentially hazardous foods are held.
(Ord. 2007-0089 § 88, 2007.)
11.13.060 Food protection.
A. No person shall carry, transport, or convey any food for commercial purposes unless such food is protected from all contamination. No food shall be carried in the driver's or passenger's compartment of any wholesale food vehicle.
B. All unpackaged food shall be contained, suspended, or handled so that it does not come into actual contact with the floor, walls, or ceiling of the vehicle or with the clothing of persons who load or unload food product. All unpackaged food shall be loaded and unloaded using a manner that protects the food.
C. All unpackaged food shall be contained, suspended, or handled so that it does not come into actual contact with the floor, walls, or ceiling of the vehicle or with the clothing of persons who load or unload food product. All unpackaged food shall be loaded and unloaded in a manner that protects the food at all times.
D. All vehicle food compartments shall be maintained clean, sanitary, and in good repair.
E. The doors to the food compartment shall be kept tightly closed at all times, except when loading or unloading food.
F. No person shall carry, transport, or convey pesticides, poisons, or other chemicals in the same compartment of a vehicle with food products, feed, or other material intended for consumption by humans or animals. (Ord. 2007-0089 § 89, 2007.)
11.13.070 Exemptions.
Private individuals transporting food for personal use are exempted from the provisions of this chapter.
Created: 2025-04-18 14:22:15 [EST]
(Supp. No. 141)
(Ord. 2007-0089 § 90, 2007.)
11.13.080 Certification decal for approved vehicles.
Independent wholesale food vehicles that conform to the requirements of this article, that have been inspected and approved by the director, and for which the required health permit fee has been paid, shall be provided with a certification decal which shall be affixed to a clearly visible area on the left side of the rear portion of the vehicle. It shall be unlawful to operate an independent wholesale food vehicle without a certification decal. It shall be unlawful to deface, modify, duplicate, camouflage, or falsity this decal. (Ord. 2007-0089 § 91, 2007.)
Chapter 11.14 FOOD VENDING MACHINES11
11.14.010 Definitions.
A. "Machine location" means the room, enclosure, space or area where one or more vending machines are installed or operated.
B. "Vending machine" means any self-service device offered for public use which, upon the insertion of coins or tokens, or by other means, dispenses unit servings of food, either in bulk or in packages, without the necessity of replenishing the device between each vending operation. (Ord. 7583 Part 3 Ch. 3 §§ 401 and 402, 1959.)
11.14.020 Applicability of chapter provisions.
Except as may be provided in subsequent sections, the provisions of this chapter shall apply to vending machines that dispense readily perishable food, and to vending machines that mix or compound bulk food ingredients into unit servings and dispense such unit servings into single-service utensils. The provisions of this chapter shall not apply to vending machines that dispense, exclusively, bottled drinks, gum, candy or other not -readily-perishable food, when it is determined by the director that such vending machines do not require routine inspection for the protection of the public health.
(Ord. 7583 Part 3 Ch. 3 § 400, 1959.)
11.14.030 Inspection—Representative to accompany director when.
Every person operating a vending machine shall, upon request from the director, provide a representative who shall accompany the director on inspection of such machine. (Ord. 8614 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 3 § 404, 1959.) Chapter 11.15 NONSMOKING AREAS IN EATING ESTABLISHMENTS
Created: 2025-04-18 14:22:15 [EST]
(Supp. No. 141)
11.15.010 Purpose of provisions.
The board of supervisors finds and declares that inhaling smoke generated by smokers may be hazardous to the health and represents an annoyance which should be regulated and limited in eating establishments offering food for sale to the public, to the ends that air quality be improved in all such facilities for the preservation and improvement of health, and that customers may request to be seated in nonsmoking areas of such facilities. (Ord. 87-0124 § 1 (part), 1987.)
11.15.020 Definitions.
As used in this chapter:
A. "Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco, nicotine, or cannabis and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco sm oke, vapors from an electronic smoking device, and cannabis smoke or any other like substance.
B. "Smoking" means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or plant product, or using any other method or device that delivers nicotine, cannabis or other like substances to a person.
C. "Cannabis" has the meaning set forth in California Business and Professions Code section 26001, as that section may be amended from time to time.
D. "Electronic smoking device" means an electronic device which can be used to deliver an inhaled dose of nicotine, cannabis, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. The term "electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, or cigarillo, electronic pipe, electronic hookah or any other product name or descriptor.
E. "Eating establishment" means any indoor or outdoor area that is designed, established, or regularly used for consuming food or drink and that is available to or customarily used by the general public or an employee.
Eating establishment means any area included but not limited to a cafeteria, coffee shop, luncheonette, restaurant, sandwich shop, short order cafe, soda fountain, or other establishment which offers food or drinks to the public.
F. "Bar" means any area of an eating establishment which is devoted to offering alcoholic beverages for sale to the public and in which the consumption of food is only incidental to the consumption of such beverages and includes any outdoor area of the establishment set aside for use by patrons. (Ord. 2019-0011 § 3, 2019; Ord. 87-0124 § 1 (part), 1987.)
11.15.030 Nonsmoking areas required in eating establishments.
A. Any person who owns, operates, manages, leases, or rents an eating establishment shall cause to be maintained in such facility a nonsmoking area consisting of a portion of both the seating capacity and floor space in which such customers are served, excluding any portion of such facility which is located outdoors and any portion of such facility which is utilized for bar purposes. At the request of any customer, the customer shall be seated in the nonsmoking area of the eating establishment if space is a vailable.
Created: 2025-04-18 14:22:15 [EST]
(Supp. No. 141)
B. Nothing in this section shall apply to any room of an eating establishment which is used for serving food for a private function, but only while such room is used for such private function. (Ord. 87-0124 § 1 (part), 1987.)
11.15.040 Duty to post sign.
Any person who owns, operates, manages, leases, or rents an eating establishment shall cause at least one sign to be posted or displayed on the premises, as provided in this section. The sign shall read substantially as follows:
NON-SMOKING AREA AVAILABLE. The sign shall not be smaller than 10 inches wide by 10 inches long, nor shall any lettering thereon be less than one inch in height. The sign shall be placed to assure that it is readable by the public entering the premises.
(Ord. 87-0124 § 1 (part), 1987.)
11.15.050 Structural modifications not required.
Nothing in this chapter shall be construed to require an eating establishment to make any structural changes or other physical modifications to existing facilities.
(Ord. 87-0124 § 1 (part), 1987.)
Chapter 11.16 GARBAGE AND OTHER WASTE MATERIAL13
11.16.010 Collection and disposal regulations—Enforcement authority.
The director of public health shall enforce all laws, ordinances and regulations pertaining to the collection and disposal of garbage, and combustible and noncombustible rubbish, within garbage disposal districts. (Ord. 2006-0040 § 92, 2006; Ord. 8588 § 2 (part), 1964; Ord. 7583 Part 3 Ch. 7 § 611, 1959.)
11.16.020 Sanitation of premises—Responsibility of owner or agent.
The owner, agent or manager of any premises shall maintain such premises in a clean, sanitary condition, free from accumulations of garbage, rubbish, refuse and other wastes at all times, except as provided by the provisions of this Division 1 or other applicable laws.
(Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 7 § 605, 1959.)
11.16.030 Garbage—Storage restrictions.
Garbage and putrescible matter, whether mixed with rubbish or other matter or not, shall be kept in watertight receptacles with close-fitting lids and with handles or bails. Such receptacles shall be thoroughly cleaned each time their contents are removed. Such garbage or putrescible material, whether mixed with rubbish or other material or not, shall not be kept for more than seven days.
(Ord. 7583 Part 3 Ch. 7 § 601, 1959.)
Created: 2025-04-18 14:22:15 [EST]
(Supp. No. 141)
11.16.040 Feeding garbage and market refuse to animals—Restrictions.
A person may feed garbage and market refuse to fowls or animals when such feeding does not constitute a nuisance or a menace to public health, and when such feeding is in compliance with such conditions as may be imposed by the director of public health.
(Ord. 2006-0040 § 93, 2006; Ord. 7583 Part 3 Ch. 7 § 602, 1959.)
11.16.050 Deposit of offensive substances prohibited—Exceptions.
Except as otherwise provided in this Division 1, no person shall permit the contents of any cesspool, septic tank, water closet or sewer, or any sewage effluent, excrement, urine, slop water, butcher offal, market refuse, garbage, rubbish, cans, dead animals, dead fowl, or any other putrid or offensive animal or vegetable matter, to remain or to be deposited or discharged upon the surface of the ground on any premises, lot, or in any building, basement, or in any public street, or into, or in a manner that might contaminate, any standing water, stream, hole, excavation or public place. This section does not prohibit:
A. The placing of cans or rubbish in any lawfully existing dump or waste-disposal facility; B. The placing of garbage or market refuse, or both, in any lawfully existing dump or waste -disposal facility in compliance with the conditions imposed, if any, in the license granted for the operation thereof, pursuant to pertinent county ordinances, if, and only if, such license, in express terms, permits garbage or market refuse, or both, to be placed in such dump or waste-disposal facility. (Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 7 § 600, 1959.)
11.16.060 Rubbish—Storage restrictions.
A person may deposit and keep, for not more than 15 days, in a substantial and adequate container, combustible and noncombustible rubbish other than garbage and putrescible matter. (Ord. 7583 Part 3 Ch. 7 § 603, 1959.)
11.16.070 Hazardous or radioactive materials—Disposal restrictions.
Materials which are infected or contaminated, chemically hazardous, or radioactive shall be disposed of in a manner approved by the director.
(Ord. 7583 Part 3 Ch. 7 § 610, 1959.)
11.16.090 Keeping animals and birds—Location restrictions and sanitation requirements.
A person shall not keep any animal, fowl or bird, wild or domestic, other than cats, dogs, canaries or birds of the psittacine family, within 35 feet of any restaurant, food establishment, residence, or dwelling, or other building used for the habitation of human beings, or within 100 feet of any school building, hospital building or similar institution building. It is unlawful to keep or maintain a premises, yard, coop or building in which fowl or animals are maintained in a foul or insanitary condition. The provisions of this section regarding distances shall not apply to accredited laboratories regulated by the California Department of Health Services. (Ord. 2006-0040 § 94, 2006; Ord. 7583 Part 3 Ch. 7 § 608, 1959.)
Created: 2025-04-18 14:22:15 [EST]
(Supp. No. 141)
11.16.100 Hog fertilizer—Use restrictions.
A person shall not use any hog manure or hog-ranch wastes in the raw state within one-half mile of any building or part thereof used for a residence, except a building exclusively occupied by such person and his family. (Ord. 7583 Part 3 Ch. 7 § 606, 1959.)
11.16.110 Burial of dead animals or offensive material.
It is unlawful for any person to bury the carcass of any dead animal or any other putrid or offensive material unless such carcass or material is placed three feet below the surface level of the ground and immediately covered with at least three feet of soil; provided, however, that such carcass or material shall be buried in such a manner or location that it does not constitute a menace to public health or a nuisance. (Ord. 7583 Part 3 Ch. 7 § 604, 1959.)
11.16.120 Edible crops—Irrigation with contaminated water prohibited—Test standards.
No person shall irrigate any strawberries, celery, potatoes, lettuce, radishes, tomatoes, onions, or any vegetable or berries eaten raw, in any manner. with sewage, sewage effluents or water from any stream into which sewage has been discharged, any of which does not meet the following standards: In any 20 consecutive samples, from which five 10-c.c. portions each are examined, not over 10 portions shall be positive for members of the coli -Aerogenes group, and in no single sample shall over half the 0.1 c.c. portions of the sample be positive for such organisms.
Samples shall be analyzed in accordance with the latest Standard Methods of Examination of Water and Sewage of the American Public Health Association.
(Ord. 7583 Part 3 Ch. 7 § 607, 1959.)
Chapter 11.17 MICROENTERPRISE HOME KITCHEN OPERATIONS
11.17.010 Short Title.
This ordinance codified in Title 11 of this County Code will be known as, and may be cited as, the "Microenterprise Home Kitchen Operations Ordinance."
(Ord. 2024-0025 § 5, 2024.)
11.17.020 Declaration of Findings and Purpose.
A. The Board of Supervisors finds that in Los Angeles County, small businesses comprise a large percentage of the local workforce in Los Angeles County, many of which are minority-owned.
B. With the creation of the Microenterprise Home Kitchen Operations Program, the County will be able to continue the advancement of economic mobility for local small businesses by allowing these microentrepreneurs to be a part of the formal economy.
C. The Microenterprise Home Kitchen Operations Program will allow for small -scale, direct food sales from home-based kitchens and provide a safe and equitable pathway to legal food vending, in accordance with California Health and Safety Code, Division 104, Part 7, Chapter 11.6, Microenterprise Home Kitchen
Created: 2025-04-18 14:22:15 [EST]
(Supp. No. 141)
Operations, and pursuant to the Board of Supervisors' police powers as set forth under Article XI, Section 7 of the California Constitution.
D. It is the intention of the County to authorize and adopt a Microenterprise Home Kitchen Operations Program Countywide as authorized by California Health and Safety Code section 114367. (Ord. 2024-0025 § 5, 2024.)
11.17.030 Definitions.
The following words and phrases shall apply to this Chapter:
A. "Compact Mobile Food Operation" or "CMFO" means a food facility as defined in California Health and Safety Code section 113831(c).
B. "County Health Officer" means the Director of the Department of Public Health of the County of Los Angeles, or their duly authorized representative.
C. "Department" means the Los Angeles County Department of Public Health.
D. "Food Handler" means an individual who is involved in the preparation, storage, or service of food in a food facility, as defined in California Health and Safety Code section 113790.
E. "Microenterprise Home Kitchen Operation" or "MEHKO" means a food facility as defined in California Health and Safety Code section 113825.
F. "MEHKO Operator" means the resident of the private home where the MEHKO will be operating, who is the permitholder for the MEHKO and, who is responsible for the operation.
G. "Permitted Area" means the home kitchen described in the application for MEHKO, the on -site consumer eating area, food storage area, utensils and equipment, toilet room, janitorial or cleaning facilities, and refuse and storage areas as provided by Health and Safety Code section 114367.2, and including any attached rooms within the home, as designated by the permit holder, that have spaces, such as closets, that are used exclusively for food, utensil, and equipment storage for the MEHKO, as authorized by the County Health Officer.
H. "Potable Water" means water that complies with the standards for transient noncommunity water systems pursuant to the California Safe Drinking Water Act, commencing with California Health and Safety Code section 116270 et seq. to the extent permitted by federal law.
I. "Resident of a Private Home" means any individual who resides in a private home when not elsewhere for labor or other special and temporary purposes.
(Ord. 2024-0025 § 5, 2024.)
11.17.040 Scope.
A. The provisions of this chapter shall apply to Microenterprise Home Kitchen Operations as defined in California Health and Safety Code section 113825 et seq., within the unincorporated and incorporated areas of Los Angeles County, except within the cities of Long Beach, Pasadena, and Vernon, and to the extent permitted under California Health and Safety Code section 114367.
B. As set forth in California Health and Safety Code section 114367.4, a city or county cannot prohibit the operation of, require a permit to operate, require a rezone of the property for, or levy any fees on, or impose any other restriction on, a Microenterprise Home Kitchen Operation in any residential dwelling for zoning
Created: 2025-04-18 14:22:15 [EST]
(Supp. No. 141)
purposes. Operating a MEHKO does not constitute a change of occupancy for purposes of the Health and Safety Code, Division 13, Part 1.5, section 17910 et seq. or for purposes of local building and fire codes. (Ord. 2024-0025 § 5, 2024.)
11.17.050 MEHKO Facility Permit Requirements.
A. Any individual desiring to obtain a public health permit to operate a MEHKO shall file an application with the Department and pay the nonrefundable application fee as set forth in Section 8.04.728 F.
B. Upon receipt of both an application for a public health permit and the required non -refundable fee, the Department shall review the application.
C. Application Requirements.
1. The application at a minimum shall include the requirements set forth in California Health and Safety Code section 114367.2(c), including but not limited to a listing of the proposed equipment and standard operating procedures the MEHKO Operator intends to use and a list of any Food Handlers, as set forth in subsection 3, below.
2. The MEHKO Operator shall successfully complete and pass an approved and accredited Food Safety Certification Examination, in compliance with California Health and Safety Code sections 113947.1 and 113947.2 and include proof of certification with the application.
3. If a MEHKO Operator plans to have Food Handlers as part of their operation, the MEHKO Operator must include proof of Food Handler food certification for every individual with the submission of the permit application. If a Food Handler is employed after the initial inspection is conducted, the MEHKO Operator will have thirty (30) days from the date of hire to provide a copy of the employee's food handler card to the Department. The MEHKO Operator shall have no more than one full -time equivalent Food Handler, not including a household or family member, in accordance with California Health and Safety Code section 113825.
D. Upon completion and approval of the initial application review, the MEHKO shall be subject to an initial inspection to be completed by the Department to ensure minimum compliance with this Chapter and as provided by California Health and Safety Code section 114367.2(d)(1).
E. Upon verification by the Department that all minimum requirements have been met, a public health permit shall be issued upon payment of a non-refundable public health permit fee as specified in Section 8.04.720 of this code.
F. A MEHKO Operator is required to notify the Department and request an evaluation within twenty (20) days of any substantive changes made to the menu or equipment that affect the originally proposed operational procedures following the Department's initial approval. These changes may include, but are not limited to, the addition of potentially hazardous foods to the menu, as defined in California Health and Safety Code section 113871, installation of new food preparation equipment, or the expansion to incl ude support of up to two (2) CMFOs. The MEHKO Operator shall pay an evaluation fee based on the hourly rate established in Section 8.04.728 of this Code. Upon notification and payment of the fee, the MEHKO Operator shall be subject to a site evaluation to be completed by the Department within twenty (20) days to evaluate if the menu or equipment change can be supported within the previously permitted kitchen.
G. MEHKO permits may be modified, suspended, or revoked as provided in the California Health and Safety Code, Division 104, Part 7, Chapter 13.
H. No persons shall operate a MEHKO without a valid public health permit issued by the County Health Officer.
Created: 2025-04-18 14:22:15 [EST]
(Supp. No. 141)
I. Only one MEHKO may operate per residence. A Cottage Food Operation shall not be permitted from the same residence.
(Ord. 2024-0025 § 5, 2024.)
11.17.060 Required Compliance.
Unless otherwise specified in this Chapter, a MEHKO shall comply with the requirements of California Health and Safety Code, Division 104, Part 7. In addition, all permitted MEHKOs are subject to exemptions as set forth in California Health and Safety Code, Division 104, Part 7, Chapter 11.6. (Ord. 2024-0025 § 5, 2024.)
11.17.070 Food Preparation and Storage.
A. MEHKO food preparation, packaging, and handling shall be kept separate from other domestic activities, including but not limited to, family meal preparation, guest entertaining, or dishwashing.
B. All food storage for the MEHKO within the permitted area shall comply with California Health and Safety Code, Division 104, Part 7, Chapter 4, Article 5. Any other detached rooms on the premises, including accessory buildings and garages, may be used to store food items for the MEHKO only if all food is stored inside of an approved refrigerator and/or freezer with a closable door/lid which will be verified upon the Department's initial inspection. Sleeping quarters or second residential units on the same property are not allowed within the Permitted Area; unless otherwise indicated as set forth in Health and Safety Code section 114367.1(b)(24).
(Ord. 2024-0025 § 5, 2024.)
11.17.080 Expanded Food Service.
A. Food prepared in a MEHKO may be served from an approved Compact Mobile Food Operation operated by the same MEHKO permitholder pursuant to California Health and Safety Code section 114368.3(a)(5).
B. The meal and gross annual sales limitations for MEHKOs set forth in California Health and Safety Code section 113825(a)(7) and (8) do not apply to the sale of non -potentially hazardous food or produce for up to two (2) CMFOs operated by the MEHKO, as set forth in California Health and Safety Code section 114368.3(a)(6).
C. A MEHKO may serve as a commissary or mobile support unit for up to two (2) CMFOs owned by the same permitholder if an evaluation determines the MEHKO is capable of supporting the preparation and storage of the food being sold from the CMFO(s) and the storage and cleaning of the CMFO(s) pursuant to California Health and Safety Code section 114368.3(a)(1),unless storage is prohibited by city ordinance, as authorized by California Health and Safety Code section 114368.3(c)(1). The evaluation may be conducte d as part of the initial application process. A permitted MEHKO that wishes to later expand to support up to two (2) CMFOs will incur a fee based on the hourly rate established in Section 8.04.728 of this Code.
D. As authorized under Health and Safety Code section 114368.3(a)(8), food preparation for a permitted MEHKO operating in conjunction with an approved CMFO is expanded to no more than eighty (80) individual meals per day and no more than two hundred (200) individual meals per week. Except as identified in section B. above, a permitted MEHKO operating in conjunction with a CMFO shall not have more than one hundred fifty thousand dollars ($150,000.00) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index.
Created: 2025-04-18 14:22:15 [EST]
(Supp. No. 141)
(Ord. 2024-0025 § 5, 2024.)
11.17.090 Safety.
A. A properly charged and maintained minimum ten (10) BC-rated fire extinguisher to combat grease fires shall be readily accessible.
B. A first aid kit shall be available and located in a convenient and accessible area. (Ord. 2024-0025 § 5, 2024.)
11.17.100 Signage Prohibited.
No signage or other outdoor display advertising the MEHKO is allowed anywhere on the property from which the MEHKO is operating.
(Ord. 2024-0025 § 5, 2024.)
11.17.110 Inspections.
A. The Department shall conduct an initial inspection of a MEHKO upon the initial application seeking approval for a public health permit.
B. A MEHKO is subject to one routine inspection per year as specified in California Health and Safety Code section 114367.3.
C. Additional inspections conducted as a result of a complaint or emergency circumstances will be conducted in the manner set forth in California Health and Safety Code sections 114367.3(a)(2) and (3).
D. If a MEHKO is found to be in violation of any of the requirements in this Chapter or California Health and Safety Code, Division 104, Part 7, Chapter 11.6, or if additional inspections or complaint -based investigations are required to ensure compliance with this Chapter or State law, the Department may seek cost recovery, based on the hourly rate established in Section 8.04.728 of this Code. (Ord. 2024-0025 § 5, 2024.)
11.17.120 Potable Water.
A. A MEHKO whose potable water supply comes from a private well shall submit with their permit application sample test results verifying the water supply meets at a minimum the definition of Transient Noncommunity Water System as defined in California Health and Safety Code section 116275(o) and standards set forth in the California Code of Regulations, Title 17 and 22. Sample results shall include nitrate, nitrite, and bacteriological water quality.
B. MEHKO Operators whose potable water supply comes from a private well and whose permits are initially approved shall complete water quality testing and also maintain the test results, which shall be made available for review by the County Health Officer during a routine inspection or complaint investigation.
Water quality testing frequency shall be in accordance with Transient Noncommunity Water System requirements and include:
1. Quarterly bacteriological testing.
Created: 2025-04-18 14:22:16 [EST]
(Supp. No. 141)
2. Annual nitrate testing, unless the results are greater than or equal to fifty (50) percent of the Maximum Contaminant Level ("MCL"), in which case testing shall be completed quarterly for one (1) year. If after one (1) year, no additional results are greater than or equal to fifty (50) percent of the MCL, the testing may return to annually.
3. Nitrite testing every three (3) years, unless the results are greater than or equal to fifty (50) percent of the MCL, in which case testing shall be completed quarterly for one (1) year. If after one (1) year, no additional results are greater than or equal to fifty (50) percent of the MCL, the testing may return to every three (3) years.
(Ord. 2024-0025 § 5, 2024.)
11.17.130 Public Notification.
A. Within fifteen (15) business days of issuance of a public health permit for a MEHKO, the Department shall update its website to reflect the newly permitted MEHKO.
B. The Department shall notify any incorporated city of the issuance of a MEHKO public health permit within its jurisdiction, no later than fifteen (15) business days of issuance of the public health permit.
C. The Department shall notify any incorporated city when a MEHKO public health permit within its jurisdiction has been suspended or revoked, no later than fifteen (15) business days of suspension or revocation of the public health permit.
D. The Department shall post all routine and complaint-based inspection results for MEHKOs on its website. (Ord. 2024-0025 § 5, 2024.)
11.17.140 Notice of Inspection Results.
A. All official inspection reports issued to a MEHKO shall be issued pursuant to the requirements set forth in Section 8.04.650 of this Code.
B. Any additional reinspection fees to be charged to a MEHKO shall be similarly noticed as provided in Section
8.04.650 B of this Code.
(Ord. 2024-0025 § 5, 2024.)
11.17.150 Exemption from Restaurant and Home-based Occupation Standards.
For the purposes of this Chapter, all permitted MEHKOs are not restaurants as the term is used in the County Code, and are exempt from the provisions of Title 22, Division 7, Chapter 22.140, Section 22.140.290 -A. All permitted MEHKOs shall not be subject to the standards for Home-based Occupations as set forth in Title 22, Division 7, Chapter 22.140, Section 22.140.290 C. 5, 8 and 12. (Ord. 2024-0025 § 5, 2024.)
11.17.160 Implementation.
The Department is responsible for the administration of this Chapter, which may include public education, public outreach, and promulgating policies, guidelines and rules consistent with the provisions of this Chapter and the County Code.
Created: 2025-04-18 14:22:16 [EST]
(Supp. No. 141)
(Ord. 2024-0025 § 5, 2024.)
11.17.170 Severability.
If any subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The Board of Supervisors hereby declares that it would have adopted this Chapter and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to any portion of the Chapter would be subsequently declared invalid or unconstitutional. (Ord. 2024-0025 § 5, 2024.)
11.17.180 Effective Date.
A. Provisions of this Chapter related to the application and procurement of a Microenterprise Home Kitchen Operation public health permit shall be effective November 1, 2024.
B. Enforcement for failure to comply with provisions of this Chapter related to obtaining the required public health permits shall commence on January 1, 2025.
(Ord. 2024-0025 § 5, 2024.)
Chapter 11.19 ALCOHOLIC BEVERAGE WARNING SIGNS
11.19.010 Alcoholic beverage warning signs—Purpose of provisions.
The Surgeon General of the United States has recommended that women who are pregnant, or considering pregnancy, be advised not to drink alcoholic beverages and to be aware of the alcohol content in anything they eat because alcohol consumption during pregnancy, especially in the early months, can harm the fetus. In order to serve the public health, safety and welfare, the purpose of the ordinance codified in this chapter is to educate the public by requiring that warning signs be placed at all locations where alcoholic beverages are sold to the public. (Ord. 86-0169 § 1 (part), 1986.)
11.19.020 Duty to post.
Any person or entity who owns, operates, manages, leases or rents a premises offering wine, beer or other alcoholic beverages for sale, or dispensing for consideration to the public, shall cause a sign or notices to be posted or displayed on the premises as provided in this section. The sign or notice shall read substantially as follows:
WARNING. DRINKING WINE, BEER AND OTHER ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS. Except as specified in Section 11.19.030 C, a sign as required herein s hall not be smaller than 10 inches wide by 10 inches long, nor shall any lettering thereon be less than one inch in height. (Ord. 86-0169 § 1 (part), 1986.)
11.19.030 Placement.
A sign or notice required by Section 11.19.020 shall be placed as follows:
Created: 2025-04-18 14:22:16 [EST]
(Supp. No. 141)
A. Where the sale or dispensing of wine, beer or other alcoholic beverages to the public is primarily intended for consumption off the premises, at least one sign shall be so placed to assure that it is readable from all locations at which said sale or dispensing occurs;
B. Where the sale of wine, beer or other alcoholic beverages to the public is primarily provided through over - the-counter service, at least one sign shall be placed to assure that it is readable from all counter locations available to the public;
C. Where the sale or dispensing of wine, beer or other alcoholic beverages to the public is primarily provided for consumption on the premises by the public at tables served by food or beverage service persons, at least one sign shall be placed to assure it is readable by the public entering the premises. In the alternative, signs or notices smaller than 10 inches wide by 10 inches long may be displayed at each of the tables provided that the notices are as readily visible and readable as materials provided to the public which list food and beverage prices.
(Ord. 86-0169 § 1 (part), 1986.)
11.19.040 Language.
In the event a substantial number of the public patronizing a premises offering for sale or dispensing wine, beer or other alcoholic beverages uses a language other than English as a primary language, any sign or notice required by Section 11.19.030 of this chapter shall be worded in both English and the primary language or languages involved. (Ord. 86-0169 § 1 (part), 1986.)
Chapter 11.20 HOUSING
Part 1 DEFINITIONS
11.20.010 Apartment.
"Apartment" means dwelling unit.
(Ord. 8588 § 2 (part), 1964; Ord. 7583 § Part 3 Ch. 11 § 804.1, 1959.)
11.20.020 Apartment house.
"Apartment house" means any structure more than one story in height or any portion of any such structure, occupied or designed, built or rented for occupation, as a home, by three or more families, each living in a separate apartment and cooking within such structure.
(Ord. 7583 Part 3 Ch. 11 § 810, 1959.)
11.20.023 Boarding home.
"Boarding home" means any premises, structures, or portion thereof (except any hospital or other health facility as defined in Section 1250 of the Health and Safety Code and except any mental or alcoholic institution licensed by the state of California), used or intended to be used as a place where sleeping or rooming accommodations are furnished to the whole or any part of the public, with or without compensation and with or without meals, for five
Created: 2025-04-18 14:22:16 [EST]
(Supp. No. 141)
or more persons who are unrelated to the operator. "Boarding home" includes, but is not limited to, a rooming house, home for the aged, sober living facility, boarding house, lodging house, and bed and breakfast facility. (Ord. 94-0052 § 18, 1994; Ord. 7583 Part 3 Ch. 11 § 806, 1959.)
11.20.030 Dwelling.
"Dwelling" means any structure or any portion of a structure, other than an apartment house, motel or hotel, containing one or more guest rooms.
(Ord. 8588 § 2 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 801, 1959.)\
11.20.040 Dwelling unit.
"Dwelling unit" means a room or a suite of rooms, other than a hotel, which are occupied or which are intended or designed for occupancy by a family for living and sleeping purposes. (Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 804, 1959.)
11.20.050 Dwelling Unfit For Human Habitation, Use or Occupancy. "Dwelling unfit for human habitation, use or occupancy" means any dwelling, hotel, motel, apartment house, interim housing facility, or other structure used for living or sleeping purposes which, by reason of its construction or by reason of the lack of maintenance or repair thereof, is in such a condition as creates a hazard to the health, welfare, or safety of its occupants.
(Ord. 2018-0046 § 4, 2018; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 803, 1959.)
11.20.060 Family.
"Family" means one person living alone, or a group of two or more persons living together, whether or not related to each other by birth.
(Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 802, 1959.)
11.20.070 Guest.
"Guest" means any person who occupies a room for sleeping purposes. (Ord. 8588 § 2 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 804.2, 1959.)
11.20.080 Guest room.
"Guest room" means a room occupied, or intended, arranged or designed for occupation by one or more guests.
Every 100 square feet of superficial floor area in a dormitory shall be considered a guest room. (Ord. 8588 § 2 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 804.3, 1959.)
Created: 2025-04-18 14:22:16 [EST]
(Supp. No. 141)
11.20.090 Habitable room.
"Habitable room" means any room meeting the requirements of this Division 1 for sleeping, living, cooking or eating purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces. (Ord. 7583 Part 3 Ch. 11 § 805, 1959.)
11.20.095 Hot Water.
"Hot water" means water supplied to plumbing fixtures at a temperature of not less than 110 degrees Fahrenheit (43.3 degrees Celsius).
(Ord. 2018-0046 § 5, 2018.)
11.20.100 Hotel.
"Hotel" means any structure or any portion of a structure, including any dormitory, Turkish bath, bachelor hotel, studio hotel, public club or private club containing six or more guest rooms, and which is occupied, or is intended or designed for occupation, by six or more guests, whether rent is paid in money, goods, labor or otherwise. It does not include any jail, hospital, asylum, sanitarium, orphanage, prison or detention or other building in which human beings are housed and detained under legal restraint. (Ord. 94-0052 § 19, 1994; Ord. 7583 Part 3 Ch. 11 § 812, 1959.)
11.20.110 House court.
"House court" means a group of five or more dwelling units other than a hotel or a motel, located upon a single lot or parcel of land.
(Ord. 8588 § 2 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 804.4, 1959.)
11.20.115 Interim Housing Facility.
"Interim housing facility" means any premises, structures, or portion thereof (except any hospital or other health facility as defined in section 1250 of the Health and Safety Code and except any mental health or alcoholism and drug abuse rehabilitation or treatment facility licensed by the State of California), used or intended to be used as a place where provisional sleeping or rooming accommodations are furnished on a temporary basis to persons who lack permanent housing, are experiencing homelessness or are at imminent risk of becoming homeless, with or without compensation from the resident and with or without meal service. Interim housing facility includes, but is not limited to, bridge housing, crisis housing, recuperative care housing, stabilization housing, recovery bridge housing, and shelters.
(Ord. 2018-0046 § 6, 2018.)
Created: 2025-04-18 14:22:16 [EST]
(Supp. No. 141)
11.20.120 Motel.
"Motel" means a building of not more than one story containing six or more guest rooms or apartments, or combinations thereof, each of which has a separate, individual entrance leading directly from the outside of the building and is designed, used or intended wholly or in part for the accommodation of automobile transients. (Ord. 7583 Part 3 Ch. 11 § 811, 1959.)
11.20.140 Substandard Dwelling.
A. "Substandard dwelling" means any dwelling, house court, dormitory, hotel, motel, interim housing facility, or apartment house which, through lack of maintenance or repair, generally endangers the life, limb, health, property, safety or welfare of the public, or of the occupants thereof.
B. Conditions which render a structure a "substandard dwelling" include, but are not limited to, any of the following:
1. Lack of approved toilet or privy structure, bathtub or shower, kitchen sink, hot and cold running water, or other required approved plumbing within an apartment or dwelling;
2. Lack of exterior wall or roof covering adequate to protect the occupants from the elements;
3. Damaged interior walls, partitions, floors or ceiling;
4. Plumbing fixtures and piping which have become insanitary or are otherwise in a condition to create a health hazard;
5. Sewage disposal system which has become insanitary or is otherwise in a condition to create a health hazard;
6. Unreasonable collection of rubbish, debris or trash upon premises;
7. Any of the conditions specified in Section 11.02.300, subsections B, C, D, or E;
8. Use of other than habitable rooms for living, cooking, or eating purposes;
9. Incomplete construction;
10. Infestation by insects, vermin, or rodents;
11. General dilapidation;
12. Lack of a water supply adequate to sustain the health of the inhabitants. (Ord. 2018-0046 § 7, 2018; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 809, 1959.) Part 2 REGULATIONS
11.20.150 Applicability of Chapter Provisions.
The provisions of this Chapter 11.20 shall apply to all dwellings, house courts, hotels, interim housing facilities, and apartment houses.
(Ord. 2018-0046 § 8, 2018; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 800, 1959.)
Created: 2025-04-18 14:22:16 [EST]
(Supp. No. 141)
11.20.160 Maintenance Required—Noncompliance Unlawful.
Every dwelling, house court, hotel, motel, interim housing facility, and apartment house shall be maintained in good repair. It is unlawful for any person to occupy or to cause or permit another person to occupy any dwelling, house court, hotel, motel, interim housing facility, and apartment house which does not comply with this section. (Ord. 2018-0046 § 9, 2018; Ord. 12098 § 2, 1980; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 820, 1959.)
11.20.170 Sanitation requirements generally.
A. Each habitable room, hallway, passageway, stairway, wall, partition, ceiling, floor, skylight, glass window, door, carpet, rug, matting, window curtain, furniture, compartment or room, plumbing fixture, drain, roof, vent, closet, cellar, basement, laundry room, yard, court, lot and the premises of every building shall be kept clean, sanitary and free from debris, filth, rubbish, garbage, vermin and other offensive matter. It is unlawful for any person to occupy any building or shelter unless such building o r shelter shall provide protection to the occupants from dampness during inclement weather.
B. Air spaces under buildings shall be rodentproof and kept clear and free from rubbish, debris and filth. (Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 826, 1959.)
11.20.180 Toilet facilities.
Except where the use of a toilet facility other than a water closet is permitted by this Division 1, it is unlawful for any person to occupy, or to cause or permit another person to occupy, any dwelling which is not supplied with at least one water closet in a separate compartment within the building for each portion of the dwelling which is designed for the occupancy of a single family; provided, however, that this section shall not apply to children's camps. Where the use of a toilet facility other than a water-flush toilet is permitted by this Division 1, it is unlawful for any person to occupy, or to cause or permit another person to occupy, any dwelling which is not supplied with at least one toilet facility other than a water-flush toilet in an outside, separate compartment for each portion of the dwelling which is designed for the occupancy of a single family. (Ord. 7583 Part 3 Ch. 11 § 817, 1959.)
11.20.190 Toilet rooms and bathing facilities.
Every dwelling unit shall contain a lavatory and bathtub or shower. All lavatories, bathtubs and showers of dwellings, house courts, hotels, motels and apartment houses shall be provided with hot and cold running water under pressure. All toilet rooms, bath and shower rooms and utility rooms shall be adequately lighted and ventilated to the outside atmosphere. All such rooms and the fixtures and equipment therein shall be maintained in a state of good repair and free from dirt, filth and corrosion. It is un lawful for any person to occupy or to cause or permit another person to occupy any dwelling unit which does not comply with this section. (Ord. 12098 § 1, 1980; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 819, 1959.)
11.20.200 Heating appliances—Sale restrictions.
No person shall sell or offer for sale at retail any comfort heating appliance constructed to burn gas or oil for fuel, unless such heating appliance bears the seal of approval of a nationally recognized testing agency. (Ord. 8588 § 2 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 821.1, 1959.)
Created: 2025-04-18 14:22:16 [EST]
(Supp. No. 141)
11.20.210 Gas-burning appliances—Approval and installation conditions.
Every gas-burning appliance shall be approved by a nationally recognized testing agency. Every gas -burning appliance, except ranges, refrigerators and hotplates approved by such agencies for unvented use, shall be approved for vented use, and be connected to an effective flue or vent leading to the outside air, not less in size than the vent collar on the appliance. Appliances with forced-air draft or sealed combustion chambers shall be vented in accordance with the manufacturer's directions. The installati on of gas heaters or alteration of existing heaters shall be done under a permit obtained from the building department. (Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 821, 1959.
11.20.220 Gas-burning appliances—Connections.
Every gas-burning appliance shall be connected to the gas supply piping by metal piping or tubing of a quality and design approved by the county engineer.
(Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 822, 1959.)
11.20.230 Gas-burning appliances—Maintenance.
Every gas vent, gas water heater or other gas appliance shall be maintained in good repair. (Ord. 7583 Part 3 Ch. 11 § 823, 1959.)
11.20.240 Gas ranges—Venting.
A. A gas range shall be vented by one of the following means:
1. A ventilator opening in the wall or ceiling having an area of not less than six by eight inches and connecting with a ventilating duct of not less than 36 square inches in cross -sectional area leading to the outside air;
2. An approved system of forced-draft ventilation.
B. Gas ranges in buildings erected after September 25, 1959, shall be ventilated by a vent located approximately over the top of surface cooking facilities. (Ord. 7583 Part 3 Ch. 11 § 824, 1959.)
11.20.260 Kitchens—Dwelling requirements.
A. Every dwelling unit in which food is prepared shall have in its kitchen a sink plumbed with hot and cold running water. A kitchen shall be deemed to be that room in which food is prepared for family use.
B. Every kitchen shall be separated from any room used for sleeping purposes by a full partition, which may contain a doorway not more than four feet in width. Each such doorway shall be provided with a door capable of diminishing the transmission of noises or fumes to any adjacent room used for sleeping purposes. (Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 818, 1959.)
Created: 2025-04-18 14:22:16 [EST]
(Supp. No. 141)
11.20.270 Cooking permitted in sleeping rooms—Conditions.
A. If the director finds that health and safety will be preserved and that both an infirmary and restaurant are easily accessible to the occupants thereof within the development, in low -cost housing developments designed for persons over 62 years of age financed in whole or in part by federal funds or by means of loans insured in whole or in part by the United States, a room used for sleeping purposes also may be used for cooking.
B. Subsection B of Section 11.20.260 and the provisions of Section 11.20.310 which prohibit sleeping in a kitchen do not apply to such a room, but subsection A of Section 11.20.260 and all other provisions of this code do apply to such a room.
(Ord. 8095 § 2, 1961; Ord. 7583 Part 3 Ch. 11 § 818.5, 1959.)
11.20.280 Sleeping rooms—Air space per person.
It is unlawful for a person to occupy or permit another person to occupy any room for sleeping purposes unless such room shall contain at least 500 cubic feet of air space. (Ord. 7583 Part 3 Ch. 11 § 814, 1959.)
11.20.290 Sleeping rooms—Air space for two persons.
Except as provided in Section 11.20.300 every room used for sleeping purposes, occupied by two persons, shall contain not less than 630 cubic feet of air space.
(Ord. 7583 Part 3 Ch. 11 § 815, 1959.)
11.20.300 Sleeping rooms—Air space for more than two persons.
Every room or place used for sleeping purposes shall be deemed to be overcrowded if it is occupied by more than two persons and contains less than 630 cubic feet of air space plus 500 cubic feet of air space for every person occupying the room in excess of two persons.
(Ord. 7583 Part 3 Ch. 11 § 816, 1959.)
11.20.310 Sleeping Rooms—Overcrowding and Other Unhealthful Conditions Prohibited.
No person shall occupy, rent or lease, suffer, or permit another person to use for sleeping purposes any kitchen, cellar, hallway, bath, shower, compartment, toilet room, or any habitable room or place, including any hotel, apartment house, interim housing facility, multiple dwelling or dwelling, which is detrimental to the health of the occupant or occupants by reason of overcrowding or insufficiency of light, windows, ventilation, or drainage. The window area of any room used for sleeping purposes shall n ot be less than one-eighth of the floor area and shall be at least one-half openable or the room completely air-conditioned. (Ord. 2018-0046 § 10, 2018; Ord. 7583 Part 3 Ch. 11 § 825, 1959.)
Created: 2025-04-18 14:22:16 [EST]
(Supp. No. 141)
11.20.320 Linen and bedding for transient guest accommodations.
All rooms in a rooming house, hotel, motel, apartment house, rented to transient guests wherein beds are used shall be provided with an adequate amount of clean bedding, springs and mattresses, in good repair. All such beds, springs and mattresses shall be maintained in a sanitary condition. Rooming houses, hotels, motels, and apartment houses shall provide an adequate amount of clean washcloths, hand and bath towels, and other linen necessary for each new guest therein.
(Ord. 8588 § 2 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 831, 1959.)
11.20.330 Screens required when.
Windows and other openings in the exterior walls of dwellings shall be provided with approved screening of at least 16 mesh set in tight-fitting frames, except where the omission of screens will not be hazardous to the health of the occupants.
(Ord. 7583 Part 3 Ch. 11 § 813, 1959.)
11.20.350 Apartment houses—Regulations applicable.
Apartment houses shall comply with Chapters 11.16, 11.30, 11.32 and 11.38 of this Division 1. (Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 829, 1959.)
11.20.360 Bachelor apartments—Described—Requirements.
A bachelor apartment is a dwelling unit built prior to August 8, 1963, combining kitchen, living and sleeping areas, and will be permitted provided it complies with the following requirements:
A. The room shall have a minimum of 250 square feet of floor area, exclusive of bath, closet and water -closet areas.
B. Occupancy shall be limited to not more than two persons.
C. Each bachelor apartment shall be located in an apartment house or hotel.
D. Bachelor apartments shall comply as a dwelling unit; except, that the kitchen area need not be separated from a room used for sleeping purposes, and toilet facilities need only be separated from the kitchen area by one full door.
E. Bachelor apartments shall comply with zoning requirements.
F. One water closet, lavatory with hot and cold running water, and bathtub or shower shall be provided for each unit.
G. Cooking facilities shall be vented directly to the outside air by means of a mechanical exhaust system having a capacity of at least 150 cubic feet per minute.
H. An approved method of heating shall be installed in each room. Cooking appliances shall not be used for the purpose of heating such rooms.
(Ord. 8588 § 2 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 834, 1959.)
Created: 2025-04-18 14:22:16 [EST]
(Supp. No. 141)
11.20.370 Efficiency living units.
Nothing in this Division 1 shall prohibit the use, on or after July 13, 1963, of an efficiency living unit which meets the following requirements:
A. An efficiency living unit shall have a living room of not less than 220 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two.
B. There shall be provided a separate closet of such size as to provide for adequate storage.
C. There shall be provided a separate area of not less than three feet by five feet in size, accessible from the living rooms and enclosed by a door or doors, and shall be provided with complete cooking and food preparation facilities.
D. The cooking and food-preparation facilities shall consist of a properly trapped and vented kitchen sink provided with a garbage-disposal unit, hot and cold running water, a refrigerator and an approved kitchen range or cooking appliance.
E. The surface on which the cooking appliance rests shall be covered with metal of not less than No. 28 U.S.
Gauge over one-fourth-inch asbestos millboard, or such other materials that will provide equivalent fire protection, extending at least 24 inches above the surface on which the cooking appliance rests.
F. There shall be installed over the cooking surface a mechanical exhaust fan connected to the outside air.
G. All sink tops and cabinet surfaces shall have a smooth, washable, nonabsorbent finish.
H. There shall be provided a cabinet for the storage of all food, dishes and cooking utensils.
I. There shall be provided an approved comfort-heating appliance or system within the living room.
J. A separate compartment containing a toilet, lavatory and bathtub or shower shall be provided for each efficiency living unit.
(Ord. 8588 § 2 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 832, 1959.)
11.20.380 Hotels—Regulations applicable.
Hotels shall comply with Chapters 11.16, 11.30, 11.32 and 11.38 of this Division 1. (Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 830, 1959.)
11.20.390 Motels—Regulations applicable.
Motels shall comply with Section 11.20.310 and Chapters 11.16, 11.30, 11.32 and 11.38 of this Division 1. (Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 828, 1959.)
11.20.400 Light housekeeping rooms.
Light housekeeping rooms shall be permitted provided they were constructed prior to September 16, 1963, combine cooking, living and sleeping, and comply with the following requirements:
Created: 2025-04-18 14:22:16 [EST]
(Supp. No. 141)
A. 1. Light housekeeping rooms shall contain not less than 150 square feet in area and shall be occupied by not more than two people. The cooking appliances therein, if any, shall be used solely for the cooking or preparation of meals for consumption by the occupants of the room.
2. A room having a superficial floor area of not less than 120 square feet may be used for light housekeeping if it is occupied by only one person.
B. The cooking appliances used therein, if any, shall have no more than two burners. If electric appliances are used, they shall have been tested and approved by the Underwriters' Laboratory. If gas appliances are used, they shall have been tested and approved by the American Gas Association.
C. 1. The installation, maintenance or use of said cooking appliances shall not be hazardous to life, health or property.
2. The cooking appliance shall rest upon its own legs, or shall be an approved, built -in unit of fixed installation. Said appliance shall be set not closer than six inches from any wall or projection thereof, and shall rest upon an impervious surface.
3. The walls behind and adjacent to said cooking appliance shall be lined or back -flashed with incombustible material equivalent to one-fourth-asbestos millboard. The back-flashing shall extend from 12 inches below to 24 inches above the base of the applia nce. There shall be a clear and unobstructed space of 36 inches above the surface of the cooking appliance.
D. 1. Gas-burning appliances shall be connected to the gas supply piping by approved metal piping with an approved gas shutoff valve readily accessible within the room.
2. Electrical appliances and serving circuits shall be properly installed and maintained.
E. The room shall contain an approved sink with hot and cold running water.
F. An approved storage cabinet shall be installed in the room.
All food, dishes, and cooking and eating utensils shall be stored therein when not in use.
G. The bed in such a room, and drapes, curtains or other readily combustible material, shall be so located that they do not come in contact with the cooking appliances.
H. Any toilet room opening directly into such a room shall have a tight-fitting door.
I. An approved method of heating shall be installed in each such room. Cooking appliances shall not be used for the purpose of heating such rooms. No cooking appliance shall be installed within a closet in such a room.
J. In any building containing six or more light housekeeping rooms, there shall be one water closet and one bath facility for each five units or fraction thereof. In any building containing five or less light housekeeping rooms, there shall be one water closet and one bath facility which may be in the same room for each three light housekeeping units in the building. Such toilet and bath facilities shall be accessible to and from a public hallway.
(Ord. 8588 § 2 (part), 1964; Ord. 7583 Part 3 Ch. 11 § 833, 1959.)
11.20.420 Reserved.
11.20.450 Laundries.
A. All laundries shall be in a building. The floors shall be constructed of smooth, nonabsorbent, durable materials. All walls and ceilings shall be constructed of smooth material. All floors, walls, and ceilings shall be kept clean and in good repair.
Created: 2025-04-18 14:22:16 [EST]
(Supp. No. 141)
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.
(Ord. 2018-0046 § 12, 2018.)
11.20.460 Appliances.
Appliances provided by house courts, hotels, motels, interim housing facilities, and apartment houses shall be kept fully operative, and in good repair.
(Ord. 2018-0046 § 13, 2018.)
11.20.470 Comfort Heat.
A. Every dwelling, house court, hotel, motel, interim housing facility, and apartment house shall be provided with heating facilities capable of maintaining a minimum room temperature of 70 degrees Fahrenheit at a point three feet above the floor in all habitable rooms, and when the heating facilities are not under the control of the tenant or occupant of the building owner and/or manager, shall be required to provide that heat at a minimum temperature of 70 degrees Fahrenheit, 24 hours a day. These facilit ies shall be installed and maintained in a safe condition and in accordance with Chapter 37 of the Uniform Building Code, the Uniform Mechanical Code, and other applicable laws. No unvented fuel burning heaters shall be permitted.
All heating devices or appliances shall be of the approved type.
B. The provisions of Subsection (A) are subject to the exemption for existing buildings provided in Section 103, of the Uniform Housing Code.
C. Those buildings and structures which are exempt from the requirements of Section 103 shall be provided with heat at a temperature as close to 70 degrees Fahrenheit as the existing heating facilities are capable of providing at a point of three (3) feet above the floor in all habitable rooms when the heating facilities are not under the control of the tenant or occupant.
(Ord. 2018-0046 § 14, 2018.)
11.20.500 Interim Housing Facilities—Regulations Applicable.
Interim housing facilities shall comply with Chapters 11.16, 11.20, 11.30, 11.32, and 11.38 of this Division 1. (Ord. 2018-0046 § 15, 2018.)
11.20.510 Toilet Rooms, Handwashing, and Bathing Facilities—Interim Housing Facility.
Every interim housing facility shall contain a lavatory and bathtub or shower. All lavatories, bathtubs, and showers of interim housing facilities shall be provided with hot and cold running water under pressure. All toilet rooms, bath and shower rooms, and utility rooms shall be adequately lighted and ventilated to the outside atmosphere.
All such rooms and the fixtures and equipment therein shall be maintained in a state of good repair and free from dirt, filth, and corrosion. It is unlawful for any person to occupy or to cause or permit another person to occupy any interim housing facility which does not comply with this section.
Toilet rooms of interim housing facilities shall be separated by well-fitted, self-closing doors that prevent the passage of flies, dust, or odors.
Created: 2025-04-18 14:22:16 [EST]
(Supp. No. 141)
Each toilet stall shall include a door with locking mechanism and a permanently installed dispenser with toilet tissue.
Handwashing facilities shall be provided within or adjacent to toilet rooms. The number of handwashing facilities required shall be in accordance with local building and plumbing codes. All handwashing facilities shall be provided with hot and cold running water under pressure.
Handwashing facilities shall be provided with the following in dispensers at, or adjacent to, each handwashing facility: handwashing cleanser, sanitary single-use towels or an air hand drying device. (Ord. 2018-0046 § 16, 2018.)
11.20.520 Storage Areas for Personal Belongings—Interim Housing Facility.
Each bed in an interim housing facility shall be provided with a storage unit for the keeping of personal belongings of each person. Sufficient additional storage facilities shall be provided for the reasonably safekeeping of articles or personal belongings which are not in daily use.
(Ord. 2018-0046 § 17, 2018.)
11.20.530 Linen and Bedding for Interim Housing Facility.
A. All interim housing facilities wherein beds are used shall provide an adequate amount of clean bedding, cots and springs, and mattresses in good repair. All such beds, cots, 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.
B. Interim housing facilities shall provide an adequate amount of clean linen necessary to properly care for the persons therein.
C. Adequate and suitable space shall be provided for the storage of clean linens. Soiled linens shall be kept in nonabsorbent receptacles or washable laundry bags and properly stored and transported to prevent contamination.
D. Linens shall be laundered as often as necessary but no less than weekly. If linens are laundered on the premises, they shall be laundered in a mechanical clothes washer and dryer that is cleaned and sanitized before and after each time it is used.
(Ord. 2018-0046 § 18, 2018.)
11.20.540 Sharps—Proper Storage—Interim Housing Facility.
All used needles and syringes shall be placed in an approved sharps bio -hazard container and properly disposed. (Ord. 2018-0046 § 19, 2018.)
11.20.550 Posting Requirements—Interim Housing Facility.
A. The owner of an interim housing facility as defined in Section 11.20.115 of this chapter shall be responsible for posting in a common area, accessible by all tenants and the general public, a placard, as provided by the Health Officer. "Common area, accessible by all tenants and the general public" means:
Created: 2025-04-18 14:22:17 [EST]
(Supp. No. 141)
1. Posted in a conspicuous location within five (5) feet of the main entrance of the interim housing facility; or
2. Posted in or near the outside of the door of the interim housing facility manager, if one exists; or
3. Posted in a location as directed and determined in the discretion of the County Health Officer to ensure proper notice to all occupants and the general public.
B. The placard shall not be defaced, marred, camouflaged, hidden, or removed. Removal of the placard is a violation of this chapter and shall be punishable as specified in Section 11.02.080. (Ord. 2018-0046 § 20, 2018.)
Chapter 11.22 INDUSTRIAL ESTABLISHMENTS*
Part 1 GENERAL PROVISIONS AND DEFINITIONS
Article 1 GENERAL PROVISIONS
11.22.010 Applicability of provisions.
This Division 1 applies to all industrial establishments in which articles are manufactured, processed, repaired, cleaned, sorted or renovated, in whole or in part, and those establishments practicing the healing arts. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1100, 1959.)
11.22.020 Purpose.
The purpose of this Division 1 is to prescribe minimum sanitary and occupational health requirements for the protection of the health of all employees in establishments covered by this Division 1. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1101, 1959.) Article 2 DEFINITIONS
11.22.030 Adequate or approved.
"Adequate or approved" means in conformance with good health practices which, in the opinion of the director, are sufficient to protect the health and well-being of the employee. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1102, 1959.)
11.22.040 Breathing zone.
"Breathing zone" means the area or zone of a worker's head during normal operation of a process while at work. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1103, 1959.)
Created: 2025-04-18 14:22:17 [EST]
(Supp. No. 141)
11.22.050 Capture velocity.
"Capture velocity" means the velocity of air at specific points or zones which causes air contaminants to flow to an exhaust system.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1104, 1959.)
11.22.060 Conveying velocity.
"Conveying velocity" means the air speed determined to be necessary to convey a contaminant through a duct or system.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1105, 1959.)
11.22.070 Corrosive substance.
"Corrosive substance" means any substances which, in contact with living tissue, will cause destruction of tissue by chemical action, but shall not refer to action on inanimate surfaces. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1106, 1959.)
11.22.080 Dermatitis.
"Dermatitis" means inflammation of the surface of the skin or epidermis. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1107, 1959.)
11.22.090 Employee.
"Employee" means any person, including an owner or partner, who works in or is employed in a place of employment.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1108, 1959.)
11.22.100 Employer.
"Employer" means an person who, directly or indirectly or through an agent or any other person, employs or exercises control over the wages, hours or working conditions of a man, woman or minor. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1109, 1959.)
11.22.110 Gassing.
"Gassing" means the rate of generation of contaminant.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1110, 1959.)
Created: 2025-04-18 14:22:17 [EST]
(Supp. No. 141)
11.22.120 General ventilation.
"General ventilation" means the introduction of uncontaminated air into an area, room or building, or exhausting air therefrom by other than local exhaust ventilation systems. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1111, 1959.)
11.22.130 Hood.
"Hood" means any air-intake device connected to an exhaust-ventilation system or duct to capture and remove dusts, fumes, gases, vapors, mists, smoke, heat, or otherwise provided local exhaust ventilation. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1112, 1959.)
11.22.140 Irritant.
"Irritant" means any substance, not necessarily corrosive as defined herein, but which on either immediate, prolonged or repeated contact with normal living tissue will conduct a local inflammatory reaction. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1113, 1959.)
11.22.150 Lateral exhaust.
"Lateral exhaust" means local exhaust ventilation designed with slots at the periphery or along the midsection of a surface or tank for the purpose of preventing escape of significant amounts of contaminants to the breathing zone. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1114, 1959.)
11.22.160 Local exhaust ventilation.
"Local exhaust ventilation" means a ventilating system intended to capture air contaminants at or near their point of origin and transport them to an approved exhaust system. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1115, 1959.)
11.22.170 Maximum acceptable concentrations.
"Maximum acceptable concentrations" means the concentration of gas, vapor, fume, dust, mist or similar air contaminants adopted in Part VII of the Rules and Regulations established by authority of Section 11.02.160 and set out in Appendix 1 to this Title 11.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1121, 1959.)
11.22.180 Occupational disease.
"Occupational disease" means any disease or infection, including dermatitis, which is peculiar to the industrial process, trade or occupation in each instance, and which arises out of and in the scope of employment, and to which an employee is not ordinarily subjected or exposed, other than during a period of regular, actual employment therein.
Created: 2025-04-18 14:22:17 [EST]
(Supp. No. 141)
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1116, 1959.)
11.22.190 Occupational health hazard.
"Occupational health hazard" means any risk to an employee's health associated with or arising out of his occupation, or occupational work or environment.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1117, 1959.)
11.22.200 Place of employment or industrial establishment. "Place of employment" or "industrial establishment" means every place where persons are employed. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1118, 1959.)
11.22.210 Sanitary condition.
"Sanitary condition" means that physical condition which will tend to prevent the incidence and spread of disease. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1119, 1959.)
11.22.220 Strong sensitizer.
"Strong sensitizer" means a substance which will cause, on normal living tissue, through an allergic or photodynamic process, a hypersensitivity which becomes evident on reapplication of the same substance, and which is so recognized by national authority. Before designating any substance as a strong sensitizer, the department, upon consideration of the frequency of occurrence and severity of the reaction, shall find that the substance has a significant potential for causing hypersensitivity. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1120, 1959.)
11.22.230 Toilet facilities.
"Toilet facilities" means fixtures maintained within toilet rooms for the purpose of defecation. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1122, 1959.)
11.22.240 Toilet room.
"Toilet room" means a room maintained within or on the premises of any place of employment containing toilet facilities for use of employees, and shall be used for no other purpose. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1123, 1959.)
11.22.250 Toxic substance.
"Toxic substance" means any substance, other than a radioactive substance, which has the capacity to produce personal injury or illness to man through ingestion, inhalation or absorption through any body surface. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1124, 1959.)
Created: 2025-04-18 14:22:17 [EST]
(Supp. No. 141)
11.22.260 Urinal.
"Urinal" means a fixture connected with a sewer and maintained within a toilet room for the sole purpose of urination.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1125, 1959.)
11.22.270 Water closet.
"Water closet" means a toilet facility which is connected to a sewer and flushed with water under pressure. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1126, 1959.) Part 2 WATER SUPPLY19
11.22.280 Requirements generally—Supply approval by director.
Every place of employment where two or more persons are employed shall be adequately supplied at all times with running water under pressure for use by human beings for both drinking and face and body washing purposes. Such supply and the facilities, and the location of such facilities, must be approved by the director of public health.
(Ord. 2006-0040 § 95, 2006; Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1127, 1959.)
11.22.290 Drinking water—Open containers prohibited.
No employer or employee shall provide an open container, such as barrels, pails or tanks, for drinking water for general use, from which the water must be dipped or poured, whether fitted with a cover or not. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1133, 1959.)
11.22.300 Common use of drinking containers prohibited.
No employer shall provide or expose for common use, or permit to be so provided or exposed, or allow to be used in common, any cup, glass or other receptacle used for drinking purposes. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1129, 1959.)
11.22.310 Drinking water—Cooling container restrictions.
In all instances where drinking water is cooled by ice, the construction of the container shall be such that the ice does not come in direct contact with the water.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1128, 1959.)
Created: 2025-04-18 14:22:17 [EST]
(Supp. No. 141)
11.22.320 Drinking cups—Provision and disposal.
Where single-service drinking cups are supplied (to be used once), there shall be provided at all times an approved, sanitary container for the unused cups, and also a receptacle for disposing of the used cups. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1130, 1959.)
11.22.330 Drinking fountains—Design and quantity.
When sanitary drinking fountains are provided in compliance with Section 11.22.280, they shall be of the angle -jet type, with guard, and in good working order at all times, and must be of a design approved by the director. When such drinking fountains are provided, at least one must be provided for each 50 employees, or fraction thereof. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1131, 1959.)
11.22.340 Drinking fountains—Drainage.
The drain from any drinking fountain shall be connected to an acceptable drainage system in an approved manner. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1132, 1959.) Part 3 TOILET FACILITIES
11.22.350 Requirements generally—Quantity and location.
A. Every industrial establishment shall provide and have available for use in good working order at all times an adequate number of water closet, separate for each sex, in accordance with the following table:
Table No. 1
Number of Persons of Given Sex Number of Water Closets* 1—9 1
10—24 2
25—49 3
50—74 4
75—100 5
Over 100 1 for each additional 30 persons
*If the total number of employees of an establishment numbers less than five and only one toilet is available, it may be used by both sexes.
B. Urinals may be substituted for a certain number of the water closet facilities specified in the foregoing table as follows:
One urinal may be substituted for one water closet, provided the total number of water closets is at least twice the total number of urinals.
C. Toilet facilities shall be provided so as to be readily accessible to all employees. Toilet facilities so located that employees must use more than one floor-to-floor flight of stairs to or from them are not considered as readily accessible. As far as is practicable. toilet facilities shall be located within 200 feet of all locations at which workers are regularly employed.
Created: 2025-04-18 14:22:17 [EST]
(Supp. No. 141)
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1134, 1959.)
11.22.360 Toilet paper required.
An adequate supply of toilet paper with suitable holder shall be provided for each water closet at all times. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1135, 1959.)
11.22.370 Covered receptacles required in women's rooms.
Covered receptacles shall be kept at all times in all toilet rooms used by females. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1136, 1959.)
11.22.380 Floors, walls and ceilings—Materials and Maintenance.
The floors, walls and ceilings of all toilet rooms shall be of a nonabsorbent material that can be easily cleaned and maintained in good repair.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1137, 1959.)
11.22.390 Installation of toilet fixtures.
Every watercloset bowl shall be set entirely free and open from all enclosing woodwork, and shall be so installed that the space around the fixture may be easily cleaned. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1140, 1959.)
11.22.400 Venting required.
All inside toilet rooms shall be effectively vented to the outside air. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1139, 1959.)
11.22.410 Window screens required.
All outside windows of all toilet rooms shall be equipped with suitable and effective insect screens. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1138, 1959.) Part 4 LUNCH ROOMS AND WASHING FACILITIES
11.22.420 Lunch rooms—Requirements generally.
In all places of employment where employees are permitted to lunch on the premises, an adequate space suitable for that purpose shall be provided for the maximum number of employees who may use such space at one time.
Such space shall be separate and apart from any location where there is an exposure to toxic materials. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1146, 1959.)
Created: 2025-04-18 14:22:17 [EST]
(Supp. No. 141)
11.22.430 Eating or storing food—Protection from toxic substances.
No employee shall be permitted to store or eat any part of his or her lunch or other food at any time where there are present any toxic materials or other substances that may be injurious to health. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1148, 1959.)
11.22.440 Disposal receptacles required.
A covered receptacle shall be provided at all times for the disposal of all waste food. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1147, 1959.)
11.22.450 Washing facilities—Requirements generally.
Adequate facilities for maintaining personal cleanliness shall be provided in every place of employment. Their number and proximity to the employees shall be such as to fulfill properly the requirements set forth in Division 1 of this title, and shall be maintained in a clean and sanitary condition at all times. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1141, 1959.)
11.22.460 Washing facilities—Quantity.
At least one lavatory (washbasin) shall be provided in every toilet room, or adjacent thereto, with water under pressure, and in good working order at all times, for every 10 employees (men or women) or portion thereof, up to 100 persons, and one lavatory (washbasin) for each additional 15 persons or portion thereof. 24 inches of sink with individual faucet shall be considered as equal to one lavatory. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1142, 1959.)
11.22.470 Washing facilities—Soap and towels.
Soap and individual towels shall be provided by the employer, and proper receptacles maintained at all times for disposing of used towels. Other type of drying apparatus may be substituted for towels, if approved by the director.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1144, 1959.)
11.22.480 Washing facilities—Where poisonous or irritating materials are present.
Where there is exposure to skin contamination with poisonous, infectious or irritating materials, one lavatory shall be provided for each five persons. Where wash sinks or circular basins are used 24 lineal inches of wash sink or 18 inches of a circular basin, when provided with water outlets for such space, shall be considered equivalent to one lavatory. In all instances, a suitable cleansing agent shall be provided at each wash place. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1143, 1959.)
Created: 2025-04-18 14:22:17 [EST]
(Supp. No. 141)
11.22.490 Additional change rooms and washing facilities required when.
Employers shall provide change rooms, showers, baths or lavatories having hot and cold running water, soap and towels, in every place of employment where lack of such facilities may constitute an occupational health hazard and may result in an occupational disease.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1145, 1959.) Part 5 MAINTENANCE, STORAGE AND SANITATION
11.22.500 Lighting facilities.
Each place of employment shall be equipped with such lighting facilities that may be necessary to adequately and effectively illuminate all operations and areas.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1163, 1959.)
11.22.510 Sanitation.
All places of employment shall be maintained in a reasonably clean and sanitary condition. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1161, 1959.)
11.22.520 Housekeeping.
All plants, rooms and areas, and equipment or supplies used therein or in connection therewith, shall be kept in a clean and sanitary condition. A program shall be carried out for regularly removing dust, spillage and debris at regular intervals. The establishment shall be maintained in a reasonably orderly condition as may be necessary for good housekeeping practices requisite to compliance with these regulations. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1164, 1959.)
11.22.530 Aisles, passageways and floors.
Permanent aisles and passageways shall be provided and kept clear, and the floor surfaces thereof shall be kept in good repair. Where necessary to the maintenance of clear passageways, such aisles and passageways shall be defined by painting lines or other clear markings.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1166, 1959.)
11.22.540 Fans and other ventilation equipment.
Fans, fan blades, hoods, ducts, filters and baffles shall be regularly inspected, and shall be cleaned and maintained, repaired or replaced as often as necessary to maintain performances of the system reasonably within the intended design requirements.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1167, 1959.)
Created: 2025-04-18 14:22:18 [EST]
(Supp. No. 141)
11.22.550 Drainage from wet processes.
Where wet processes are used, provision shall be made so drainage therefrom does not create a hazardous or unsanitary condition. Drainage shall be arranged so as not to regularly run across the floor or walkways. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1165, 1959.)
11.22.560 Stacking of materials—Unopened containers.
Full, unopened drums and boxed carboys, if stacked upright and two or more layers high, shall be staggered or with pallets between layers, so as to provide stability to such stacks. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1169, 1959.)
11.22.570 Stacking of materials—Opened carboys prohibited.
Boxed carboys which have been opened shall not be stacked. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1171, 1959.)
11.22.580 Storage—Opened drums.
Opened drums shall be stored upright and shall not be stacked. Exception: For the purpose of dispensing, such drums may be stored on their sides, not over two tiers high, if dispensing spigots are installed on the drums and the drums are secured in place.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1170, 1959.)
11.22.590 Storage—Materials toxic when in combination.
Substances which are not toxic by themselves in their normal state, but when in combination may create products which are toxic, shall be separated from each other in storage. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1168, 1959.)
11.22.600 Storage—Toxic substances.
Toxic substances shall be stored in an organized and orderly manner, and identified as may be necessary to aid in preventing accidents, and shall be reasonably protected from sources of external corrosion or damage. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1172, 1959.) Part 6 HEALTH HAZARD CONTROL
11.22.610 Occupational health hazards—Restrictions generally.
No person, firm, corporation or other employer shall use or permit to be used, in the conduct of any business, manufacturing establishment or other place of employment, any process, material or condition known to have any
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(Supp. No. 141)
possible adverse effect on the health of any person or persons employed therein, unless arrangements have been made to maintain the occupational environment to the extent that such injury will not result. Every industrial establishment shall be continually maintained in a sanitary condition. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1154, 1959.)
11.22.620 Control systems—Plan review and approval prerequisite to operation.
The director shall review and approve or disapprove all plans and specifications pertaining to the design of ventilation systems for the control of occupational health hazards and shielding for a source of radiation, and shall have the authority to require the submission of such plans and specifications. The employer shall submit all plans and specifications at the request of the director, and shall not use, operate or allow any person to work with any hazardous materials or sources of radiation until the director has approved said installation. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1191, 1959.)
11.22.630 Exposure to hazards—Maximum acceptable concentration—Exhaust system required when.
No employee shall be exposed to concentrations of dust, fumes, mists, vapors or gases in excess of the maximum acceptable concentrations set forth in the Rules and Regulations established by this Division and set out at Part 3 of Appendix 1 of this Title 11. When excess concentrations of dust, fumes, mists, vapors or gases are present, a local exhaust ventilation system meeting the requirements of the Rules and Regulations shall be provided. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1159, 1959.)
11.22.640 Exposure to hazards—Other control procedures authorized when.
The director may authorize substitute procedures or controls in lieu of the specific design or installation requirements established by the Rules and Regulations when he finds the conditions of such variance will protect protection equivalent to that required therein. Such variance shall not be effective until the specific conditions thereof are approved, in writing, by the director.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1160, 1959.)
11.22.650 Hazards—Information provided by director.
The director shall make available information concerning maximum acceptable concentrations of toxic vapors, gases, fumes, mists, dusts and such environmental standards as may pertain to the health and safety of the employees of industrial establishments in its area of jurisdiction. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1155, 1959.)
11.22.660 Review and updating of regulations.
It shall be the policy of the department of public health to continuously review new data concerning toxic substances and to keep this Division 1 and the Rules and Regulations established by this Division 1 up to date. (Ord. 2006-0040 § 96, 2006; Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1156, 1959.)
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(Supp. No. 141)
11.22.670 Toxic substances—Determination by director.
Whenever in the judgment of the director such action will promote the objective of this Division 1 by avoiding or resolving uncertainty as to their application, the director may declare any specifically named material, compound, substance or mixture thereof to be a "toxic substance" subject to requirements established by this Division 1 and interpreted by the Rules and Regulations which he determines to fall within the scope of the definition of the "toxic substance."
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1157, 1959.)
11.22.680 Survey of establishments to locate health hazards.
The director shall make health and sanitary surveys and studies of industrial establishments to determine whether or not manufacturing processes or procedures may cause adverse conditions which may be responsible for or cause ill health of industrial workers. The result of such survey or study shall be brought to the attention of each establishment involved, together with any recommendations which may be deemed necessary for the adequate protection of the health and well-being of the workers. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1158, 1959.)
11.22.690 Toxic substances—Ventilation requirements—Respirator use limitations.
Whenever necessary to control fumes, dust, mists, gases or vapors to comply with Section 11.22.670, a reliable, adequate ventilating system shall be installed and maintained so that the concentration of such substances is below the maximum acceptable concentration, or the process shall be so located, isolated and arranged that persons are not exposed to such quantities as constitute a toxic substance. Respirators may be provided and used in lieu of reducing the concentration of dust, fumes, mists, gases or vapors only when the use of such respirators is of a temporary or intermittent nature and only when such respirators are approved for protection against the particular toxic substance.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1162, 1959.)
11.22.700 Personal protective equipment—Wearing required when.
Where the removal of harmful dusts, fumes, mists, vapors or gases at their source is impracticable, the employee who may be liable to harmful exposure shall be protected by means of respiratory or other protective equipment approved by the director.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1149, 1959.)
11.22.710 Respiratory protective equipment—Approval required.
Respiratory protective equipment, including filter, cartridge and supplied -air respirators, hose masks, canister-type gas masks, supplied-air hoods and helmets, and self-contained oxygen breathing apparatus, shall be of a type approved by the director.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1150, 1959.)
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(Supp. No. 141)
11.22.720 Respiratory protective equipment—Regarded as emergency protection.
The use of respiratory equipment shall, in general, be regarded as emergency protection against occasional relatively brief exposure.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1151, 1959.)
11.22.730 Personal protective equipment—Provided and replaced by employer.
It shall be the duty of the employer to provide and replace, when necessary, such respiratory and other personal protective equipment as may be required, and to maintain same in efficient and sanitary condition. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1152, 1959.)
11.22.740 Respiratory protective equipment—Sanitation and storage.
The employer shall provide the means for cleaning and sanitizing all respiratory equipment, and it shall be the duty of the employer to cause such equipment to be maintained in a clean and sanitary condition. Respiratory equipment shall not be passed on from one man to another until such equipment is cleaned and sanitized. When filter or cartridge-type respirators are used, each employee shall have such respirator for his own exclusive use.
Respiratory equipment and replacement units shall be stored, when n ot in use, in approved containers. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1153, 1959.) Part 7 LOCAL EXHAUST VENTILATION SYSTEMS
11.22.750 Rules and Regulations applicable.
A. Local exhaust ventilation systems required to control air contaminants shall be designed, installed, maintained and operated to meet the minimum requirements in the tables in Part VII of the Rules and Regulations set forth in Part 3 of Appendix 1 of this Title 11, unless specified otherwise elsewhere, or unless otherwise approved in writing by the director.
B. Such systems shall be designated so contaminants are not brought to the workers' breathing zones on their way to the exhaust hood.
C. Rooms of areas in which such systems are installed shall be provided with properly located air inlets to provide as much make-up air as is exhausted.
D. Air from local exhaust ventilation systems shall not be recirculated if the contamination is a toxic substance. (Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1173, 1959.)
11.22.760 Design, operation and maintenance.
All ventilation systems required by this Division 1 shall be provided in accordance with design requirements set forth in this Division 1 relative to the contaminant or hazard involved, and shall be operated and maintained to produce the required health protection; and such general ventilation shall be provided as may be necessary to ventilate all portions of all places of employment.
(Ord. 8588 § 9 (part), 1964; Ord. 7583 Part 3 Ch. 16 § 1174, 1959.)
Title 11 - HEALTH AND SAFETY
Division 1 - HEALTH CODE
Chapter 11.22 - INDUSTRIAL ESTABLISHMENTS*
Part 8 SURFACE COATING PROCESS VENTILATION SYSTEMS
Los Angeles County, California, Code of Ordinances Created: 2025-04-18 14:22:18 [EST] (Supp. No. 141)
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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
Created: 2025-04-18 14:22:19 [EST]
(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.)
Created: 2025-04-18 14:22:19 [EST]
(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.)
Created: 2025-04-18 14:22:19 [EST]
(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.)
Created: 2025-04-18 14:22:19 [EST]
(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.).
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(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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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
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(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.
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(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.)
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(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.
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(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:
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(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.)
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(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.
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(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.
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(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.
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(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.
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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:
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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.
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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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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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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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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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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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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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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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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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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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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