HomeMy WebLinkAboutORD-11-95 Revise Regulations to Food Handling Businesses and Health Services FeesRECITALS:
ORDINANCE NO, 11-
95 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE, REVISING
REGULATIONS PERTAINING TO FOOD HANDLING
BUSINESSES AND HEALTH SERVICES
FEES.WHEREAS, numerous state laws pertaining to food handling businesses have
been revised;
and WHEREAS, the County of Orange Health Care Agency has the primary responsibility
for enforcement and has requested the City to update its food handling
ordinance,NOW, THEREFORE, the City Council of the City of Orange does ordain as
follows:SECTION
I:Chapter5.46 of the Orange Municipal Code is deleted in its entirety and replaced with
the
following:
Sections:5.46.
010 5.46.
020 5.46.
030 5.46.
040 5.46.
050 5.46.
060 5.46.
0705.46.
0805.46.
0905.46.
1005.46.
1105.46.
1205.46.
1305.46.
140 5.46.
150 SECTION
II:Chanter 5.
46 FOOD HANDLING
BUSINESSES
Definitions.Permit Required--Conditiolls
and Terms.Construction
and Alteration.Suspension
of Permits.Notice
of
Violation.Hearing.Mobile Food
Preparation Units.Mobile Food Units Operating In
Different Locations.Suspension for Refusal
of Entry.
Summary Suspension.Supervision of Closing
Down Premises.Rules
and
Regulations.
Penalty.Preemption.Health
Services Fee.Section 5.46.010 -
The t:DlIowing terms used in this chapter shall have the meanings indicated below. Other
terms used in this chapter shall have the same meanings as are set forth in the California Uniform
Retail Food I'acilities Law, Health & Safety Code Section 27500 et seq., and as may be amended.
A. Health Department or Department shall mean the Orange County Health Care Agency.
B. Health Officer shall mean the County Health Offic,er or his or her deputy.
C. Insoector shall mean an Environmental Health Specialist, as defined in Health and Safety
Code section 517, employed by the Health Department, or the Health Officer or any
deputy health officer authorized to inspect premises or equipment for the enforcement of
this article.
D. Premises shall include land, buildings, vehicles and ships and other vessels wherein food is
handled, stored, distributed, prepared, processed, served or sold, and also equipment
installed or used in food establishments or food facilities or on such premises.
E. Receim shall mean a County public health services fee receipt.
F. Vending Machine Business shall mean the business of selling food or beverages by means
of vending machines, regardless of the number oflocations at which the vending machines
are located.
Section 5.46020 - Permit Required -- Conditions and Terms.A. It
shall be unlawful for any person to operate any food facility, vending machine business, food
processing establishment, or any other food handling business governed by this article, without
first applying for and receiving a food vending permit issued by the Health Department under
the provisions of this chapter.B. Every
applicant for a food vending permit shall file with the Health Department a written applkation
which shall state the name and address of the applicant, the character and location of
the activity for which a permit is required under this article and such other information as the
Health Department may require. Applicants for a permit to operate a mobile food preparation unit
shall in addition, provide a list of three (3) selvice stops which shall include the address of
the exact location and time of each stop.C. A
permit may be issued when an investigation has determined that the proposed facility and its
method of operation will conform to all applicable laws and regulations. A permit, once issued, is
nontransferable. A permit shall be valid only for the person, location, type offood sales,or distribution
activity approved and, unless suspended or revoked, for the time period indicated.D. Any
permit may be suspended or revoked for a violation of any applicable provisions oflaw
or regulation. Any food facility, vending machine business, food processing establishment, or
any other food handling business govemed by this chapter, for which the permit has been
suspended or revoked, shall close and remain closed until the permit has been reinstated or until
a new permit has been issued.2
E. Permits may be granted at any time during the year. A permit shall be posted in a
conspicuous place on the premises or vehicle for which it is issued.
Section 5.46.030 - Construction and Alteration.A
person proposing to build or remodel a food facility, vending machine business,food
processing establishment, or any other food handling business governed by this chapter, shall submit
three (3) copies of the complete plans and specifications to the Department for review and approval
pursuant to the applicable requirements of the Health and Safety Code. The health officl~
r may thereafter issue a certificate stating what modifications, if any, are required for compliance
with applicable laws and ordinances.Section
5.46.040 - Susoension of Permits.A permit
issued under this chapter or its predecessor may be suspended or revoked under the procedure
set forth in this chapter for any of the following reasons:A. Violation
of State law;B. Violation
of this chapter;C. Violation
of the rules and regulations adopted pursuant to this chapter; or D. Upon
recommendation by the health officer.Section 5.
46.050 - Notice of Violation When any state
laws, rules or regulations have been violated, an inspector may serve writt~n notice
thereof entitled "Notice of Violation," specitying:A. The acts
or omissions with which the permittee is charged.B. The provision
or provisions violated thereby.C. The corrective
steps required.D. The date
by which all such corrections must be completed, allowing a reasonable period therefor.E. That
the
permittee has a right to a hearing upon written request or that a mandatory hearing has been
scheduled.F. That if
no hearing is requested or if the permittee fails to appear at the scheduled hearing and if the
Health Department does not receive notice that all such corrections have been made before 9:
00 a.m. of the date specified under subsection (D) above, the permit will be subject to suspension
or revocation from that time until all violations have been corrected.3
Section 5.46.060 - Hearing.The
hearing shall be held by the health officer or his or her duly authorized representative who
is a qualified Environmental Health Specialist as defined in Health and Safety Code Section 517
and registered as provided in Health and Safety Code section 529, but shall not be the inspector
who reported the violations or who inspected any corrective measure taken.a.
The permittee shall have the right to a hearing, if requested, on all violations listed in
the notice A written request for a hearing shall be made by the permittee within fifteen (IS)calendar
days after receipt of the notice. A failure to request a hearing within fifteen (IS) calendar days
after receipt of the notice shall be deemed a waiver of the right to a hearing. When circum-stances
warrant, the hearing officer may order a hearing at any wasonable time within this fifteen IS)
day period to expedite the permit suspension or revocation process.The
hearing shall be held within fifteen (IS) calendar days of the receipt of a request for a hearing.
Upon written request of the permittee, the hearing officer may postpone any hearing date,
if circumstances warrant such action.b.
At the conclusion of the hearing, the hearing officer shall issue a written notice of decision to
the permittee within five (5) working days following the h,:aring. In the event of a suspension or
revocation, the notice shall specify the acts or omissions with which the permittee is charged and
shall state the terms of the suspension, or that the permit has been revoked.The
health officer may, after providing opportunity for a hearing, modify, suspend, or revoke
a permit for serious or repeated violations of any of the requirements of the applicable laws,
rules and regulations.Section
5.46070 - Mobile Food Preparation Units.In addition
to all other applicable provisions of the Health and Safety Code and of this chapter, mobile
food preparation units shall comply with the following safety requirements:a. Compressors,
auxiliary engines, generators, batteries, battery chargers, gas-fueled water heattlrs,
and similar equipment shall be installed so as to be accessible only from the outside
of the unit.b.
All equipment installed in any part of the unit shall be secured so as to prevent movement during
transit and to prevent detachment in the event of a collision or overturn.c.
All equipment installed within the interior of the unit, including the interiors of cabinets or compartments,
shall be constructed so as to be free of sharp or jagged edges.d.
All utensils shall be stored so as to prevent their being hurled about in the event ofa sudden
stop, collision or overturn. A safety knife holder shall be provided to avoid loose stora.
ge of knives in cabinets, boxes or slots along counter aisles. Knife holders shall be designed
to be easily cleaned and be manufactured of materials approved by the health officer.
4
e. Ceiling light fixtures shall be recessed or flush-mounted and sealed and shall be
equipped with safety covers approved by the health officer. The minimum clearance from the
floor to the light fixture shall be at least 76 inches or the fixture shall be installed out of
the traffic aisle or work
area.f High voltage (11 0-120 v) electrical wiring shall be properly installed in
electrical conduit with all splices or connections being made within junction, outlet or switch as
to prevent the use of extension cords exceeding six feet. Outside electrical
connection receptacles shall be of weatherproof design with
cove:r.g. Attached and firmly anchored seats with backrests, equipped with seat belts,
shall be provided for all occupants. If a jump seat in the aisleway is utilized, it shall fold
in a manner that will clear the aisleway when not in use and be held with
a self-latching mechanism. Seats and backrests shall be at least 14 inches by 14 inches
in size. All occupants shall be seated, shall wear seat belts and shall not cook or
prepare food while the unit is in motion. Signs setting forth the latter three requirements shall
be posted in both
English and Spanish.h. A First-Aid kit approved by the health officer shall be provided
and located in a convenient area
in an enclosed case.I. All pressure cylinders shall be securely fastened to a rigid structure
of the unit. All liquefied petroleum gas (LPG) equipment shall
be installed as follows:1. The LPG gas tanks and relief valves shall be
ASME-approved for intended use.2. LPG tanks shall be securely fastened and located where
they will normally not be subject to damage. They may be in a body compartment
or underneath the body. The tank or fittings must
not protrude beyond the body.3. LPG tanks and regulators shall be separated from any
open
flame by a vapor-tight partition.4. When LPG tanks are installed in a body
compartment, the partitions shall be sealed off from the rest of the body with no openings to the
interior except for the tubing. The
following additional requirements shall be met:a) All tank valves and fittings shall be
readily accessible from outside the unit.Ii) The tank safety relief valve shall be
vented
to the outside and directed downward.c) The filling shall be done through
an outside door to the compartment.d) The compartment shall be vented to the exterior of
the unit so
as to prevent accumulation of gas.5. Tubing that passes through partitions shall
be
rubber or other approved materials.
6. Tubing exposed to friction shall be protected against chafing.
7. Expansion and contraction bends shall be made in the tubing between the tank and
the appliance.
8. ASME-approved LPG tubing or standard weight pipe shall be used
throughout.9. Protective "thread" caps shall be installed on fill-line
check valves.10. Every appliance fueled by LPG shall be equipped with a pilot light
attachment and provided with an ASME-approved device which will automatically shut
off all gas to the appliance if the pilot light
should be extinguished.J. A minimum 5 B.C.-rated portable fire extinguisher (UL or State
Fire Marshal approved design) shall be installed in plain sight and within easy reach, immediately
inside the front drive:r's door. The extinguisher shall be replaced or re:charged
after eachuse.Section 5.46.080 - Additional Requirements for Mobile Food Preparation
Units Operating in
Different Locations In adldition to the requirements specified in section 5.46.070 above,
mobile food preparation units which operate at more than one (1) location in any calendar day,
shall comply with the following
additional requirements:a. Coffi~e urns shall be installed in a compartment that will prevent excessive
spillage of coffee in the interior of the unit in the event of a sudden stop, collision or overturn
or as an alternative to this requirement, coffee urns shall be equipped with positive
closing lids as well as perforated metal protective sleeves on the glass liquid level
sight gauges.b. Deep fat fryers are prohibited, unless equipped with positive closing lids to contain
the fat and to prevent splashing or excessive spillage in transit or in the event of a
sudden stop,collision or overturn of the unit. Such lids shall be designed and constructed so
as to prevl~nt pressure buildup which could result in an explosion. All lids shall
be kept positively closed while the unit is in motion. Signs setting forth the
latter requirements shall be posted in both English
and Spanish.c. Water bath or steam food insert tables shall be provided with baffles to prevent
surging in transit. All such tables, as well as dry heat units, their insert food containers
and similar equipment that contains hot liquids or hot foods shall have positive closing lids
to contain all sLlch liquids or foods and to prevent splashing or spillage in transit or in the event
of a sudden stop, collision or overturn of the unit. Such lids shall be designed
and constructed so as to prevent pressure buildup which could result in an explosion. All lids
shall be positively closed while the unit is in motion. Signs setting forth the
latter requirement shall be posted in both English
and Spanish.d. An alternate means of exit in the side opposite the main e:xit door, or the roof, or
the
of the unit, with unobstructed passage of24 inches by 36 inches minimum to the outside,
shall be provided. The interior latching mechanism shall be operable by hand without
special tools or key. The exit shall be labeled "Safety Exit", in contrasting colors with at
least one inch letters.
Sectiion 5.46.090 - Suspension for Refusal ofEntI)'.It
shall be a violation of this chapter for any person to deny or hinder entry by any inspector
for the purpose of inspecting any of the premises, and in such event the inspector may susp'~
nd the food vending permit issued for the premises.Section
5.46.100 Summary Suspension.A.
If any immediate danger to the public health or safety is found, unless the danger is immediately
corrected, an inspector may temporarily suspend the permit and order the premises immediately
closed. "Immediate danger to the public health and safety" means any condition,based
upon inspection findings or other evidence, that can cause food infection, food intoxication,disease
transmission, or hazardous condition, including but not limited to unsafe food temperature,
sewage contamination, non potable water supply, or an employee who is a carrier of a
communicable disease.B.
Whenever a permit is suspended as the result of an immediate danger to the public health
or safety, the inspector shall issue to the pt:rmittee a notice setting forth the acts or omissions
with which the permittee is charged, speciiYing the pertinent code section, and informing
the permittee of the right to a hearing.C.
At any time within fifteen (15) calendar days after service of a notice pursuant to subst:
ction (b), the permittee may request in writing a hearing before a hearing officer to show cause
why the permit suspension is not warranted. The hearing shall be held within fifteen (15)calendar
days of the receipt of a request for a hearing. A failure to request a hearing within fifteen 15)
calendar days shall be deemed a waiver of the right to such hearing.Section
5.46.110 - Supervision of Closing Down Premises.When any
permit is first suspended hereunder or when any premises governed hereby shall have been
closed for business and left in an unsanitary condition, the Health Department shall have the
power to enter to ensure that the premises are closed down in a manner which will not endanger the
public health. If the permittee or permittee's employee in charge cannot be found, or is unwilling
or unable to remedy the condition ofthe premises, the owner of the premises shall be notified of
the unsanitary conditions and shall be required to take such remedial action as may be necessary to
obviate such condition.Section 5.
46.120 - Rules and Regulations.The health officer
may adopt and enforce rules lrnd regulations necessary to administer this chapter including, but
not limited to, regulations pertaining to:A. Forms for
applications, permits and notices.7
B. Forms and procedures for hearings upon the granting, denying, suspending, revoking or
reinstating of pennits.
C. Insp'~ction of premises and reporting thereon.
Section 5.46.130 - Penalty.Any
person violating any of the provisions of this chapter shall be guilty of a misdemeanor.
Section
5.46.140 - Preemption.This chapter
shall not apply to any matter to which it concerns to the extent that the regulation of
such matter is preempted by State law.Section 5.
46.150 - Health Services Fee A. The purpose
of this section is to establish fees sufficient to meet the reasonable expenses of the health oUker
in enforcing this chapter, statutes, orders, quarantines and rules and regulations of State offices
and departments relating to public health, which expenses are hereby found not to be met by
the fees prescribed by the State. The authority for this chapter is contained in the Health and Safety Code
Section 510.B. This chapter
shall be enforceable within the territory in which the health officer enforces any statute, order,
quarantine or rule or regulation of any State office or department relating to public health, including
incorporated as well as unincorporated territory.C. It shall
be unlawful for any person to conduct any activity enumerated in this chapter without a va.
lid receipt.D. If a
person shall conduct more than one of the activities for which a receipt is required, he or she must
obtain a separate receipt for each activity, except as otherwise provided herein.E. Applications for
a receipt shall be filed with the Health Department on a fonn to be provided by that
Department. The applications shall be accompanied by payment of the required fee. An applicant
for or recipient of a receipt shall provide the health officer with any infonnation requested by the
health officer.F. The health
officer shall administer this chapter and may issue regulations and prepare application and identification forms pertaining
thereto.G. The County
of Orange shall, by annual Board Resolution, adopt health service fees to be paid by the
proprietor or operator of the food facility. Such fees are to be paid directly to the health officer and
retained by the County as reimbursement for said services related to this ordinance.8
SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City
Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also
be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general
circulation, published, and circulated in the City of Orange. The City Clerk shall post in the
Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the
names of those City Council members voting for and against the Ordinance in accordance with
Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after
the date of its final passage.
Adopted this 23rd day of May 1995.
ATTEST:
f
i~'::"'/:-I- ,.:. ~_ _krL.'"-l ~'!- ,/Mjyor ;
fthe City ~fO~anr-MARILYN
J. JENSEN City
Clerk of the City of Orange f ~
i?By:
CMA4.--1/$-# (,d:i!,('..M:i DeputyCity
erk ST ATE
OF CALIFORNIA)COUNTY OF
ORANGE )CITY OF
ORANGE )I, MARILYN
1. JENSEN, City Clerk of the City of Orange, California, do hereby certifY that
the foregoing Ordinance was introduced at the regular meeting of the City Council held on
the 9ttrlay of May , 1995, and thereafter at the regular meeting of said City Council duly
held on the 23rdiay of May , 1995, was duly passed and adopted by the following vote,
to wit:AYES:J\'
OES
ABSENT:ABSTAIN:
COUNCIL
MEMBERS:
MURPHY, BARRERA, MAYOR COONTZ, SPURGEON, SLATER COUNCIL MEMBERS:
NONE COUNCIL MEMBERS:
NONE COUNCIL MEMBERS:
NONE MARILYN J.
JENSEN City Clerk
of the City of Orange BY:(]~'~AMriJ~
e;t ..I!/'~DepuY
CIty rK DAD:dg
Ord No. 11-95 9