HomeMy WebLinkAboutNS-2171 - Amending Various Sections in Chapter 18 of the Santa Ana Municipal Code to Update Health and Sanitation Regulations Enforced in the City of Santa Ana by County Health Officer to Conform to Standard County Regulations337
ORDINANCE NO. NS- 2171
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING VARIOUS SECTIONS IN CHAPTER 18
OF THE SANTA ANA MUNICIPAL CODE TO
UPDATE HEALTH AND SANITATION REGULATIONS
ENFORCED IN THE CITY OF SANTA ANA BY THE
COUNTY HEALTH OFFICER TO CONFORM TO
STANDARD COUNTY REGULATIONS
THE CITY COUNCIL OF THE
FOLLOWS:
CITY OF SANTA ANA DOES ORDAIN AS
Ana Municipal
Ana Municipal
SECTION 1: That section 18-402 of the Santa
Code is hereby repealed.
SECTION 2: That section 18-405 of the Santa
Code is hereby amended to read as follows:
Sec. 18-405. Maintenance of pigments, dyes, and equipment.
No pigments, dyes, or equipment shall be retained available
for use in tattooing operations unless cleaned and sterilized as
provided in this section. For purposes of this section, equipment
shall include needles, needle tubes, towels, blade holders, wiping
cloths, paper towels and napkins, charcoal, gauze bandages (unless
purchased in individual sterile packages), and all similar items.
(a) Ail equipment shall be thoroughly cleaned before being
sterilized. Instruments shall be cleaned with soap or
detergent by use of a brush. The interior of needle
barrels shall be brushed, After cleaning, equipment shall
be thoroughly rinsed under running fresh tap water.
(b) Ail equipment shall be sterilized by autoclaving. Each
piece of equipment shall be individually wrapped with
paper in an approved method for autoclaving. Metal foil
may not be used. Tattooing needles shall be threaded
through the metal tube that attaches to the tattooing
vibrator and shall be placed in a glass (or autoclavable
plastic test tube) with a cotton plug for autoclaving.
Wiping tissues shall be sterilized in a single pack to be
used for one tattoo only and then be discarded. Ail packs
shall be marked with temperature recording tape or
labels.
(c) Dyes or inks shall be used from containers sterilized in
an autoclave after first being filled with the dye. Dye
shall be kept in a sterile condition and the dye bottles
filled with dye shall be autoclaved at least once a week
ORD=NA=C , NS-2171
Page 2 9
or more often if necessary to keep the dye in a sterile
condition. The dyes may be placed in teflon squeeze
bottles that will withstand autoclaving.
(d) Steam sterilization of the above listed equipment shall
be accomplished in an autoclave with at least fifteen
(15) pounds pressure per square inch (two hundred
fifty-one (251) degrees Fahrenheit) for at least fifteen
(15) minutes. Other means of sterilization may be
approved by the health officer.
(e) All sterilized dyes, pigments and equipment shall be
stored in a manner which will insure sterility at the
time of use.
(f) Proprietors shall maintain sufficient sterilized
equipment available at the beginning of each workday to
allow completion of such workday without requiring
resterilization of such equipment.
SECTION 3: That the section located between sections 18-405
and 18-407, which is incorrectly designated as 14-406, is re-
designated as 18-406.
SECTION 4: That section 18-408 of the
Code is hereby amended to read as follows:
Sec. 18-408. Same--Potential health risks.
Santa Ana Municipal
The establishment owner shall provide written information, as
required by the health officer, about blood-borne diseases and
their transmission to all tattoo operators and maintain records to
verify operator receipt of this information. The tattoo operator
shall inform the customer of any potential health risks involved
whenever the skin is violated, as required by the health officer.
SECTION 5: That section 18-412 of the Santa Ana Municipal
Code is hereby amended to read as follows:
seo. 18-412. Same--Cleanliness of operator.
No operator shall perform a tattooing operation with unclean
hands. For purposes of this paragraph hands shall not be
considered clean unless they have been thoroughly washed with soap
from a single service dispenser and warm water, vigorously rubbing
all surfaces of lathered hands for at least 10 seconds, followed by
thorough rinsing under a stream of water. Hands shall be dried
using single service towels from a dispenser or hot air blower. If
a liquid soap is used, the dispenser shall be cleaned and filled
with fresh soap only when empty.
2
Tattoo operators shall wear protective gloves while handling
needles or blades or doing any procedure that may cause bleeding.
Gloves shall be discarded between each customer.
SECTION 6:. That secti6n 18-420 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Seo. ~8-420. Penalties.
Each of the following acts or omissions shall constitute an
infraction and upon conviction thereof shall be punishable by a
fine not to exceed one thousand dollars ($1000.00):
(a)
Any performance of a tattooing operation by an operator
in violation of any requirement or prohibition imposed by
this article.
(b)
Any failure by a proprietor to maintain a tattooing
establishment in conformity with the requirements of this
article. For purposes of this subparagraph (b), each day
upon which such a failure to conform occurs shall
constitute a separate violation.
SECTION 7: That section 18-501 of the Santa Ana Municipal
Code is hereby amended to read as follows:
seo. ~8-50~. Definitions.
The following terms used in this article shall have the
meanings indicated below; provided, however, said definitions shall
also include any amendments or changes made to referenced sections
of the California Health and Safety Code:
(a) Certified farmers' market shall be as defined in section
27512 of the California Health and Safety Code.
(b) Commissary shall be as defined in section 27513 of the
California Health and Safety Code.
(c) Food establishment shall be as defined in section 27520
of the California Health and Safety Code.
(d)
(e)
Food facility shall be as defined in section 27521 of the
California Health and Safety Code.
Food processing establishment shall be as defined in
Section 28280.1 of the California Health and Safety Code.
(f) Health department or department shall mean the Orange
ORDINANCE NS-2171
Page 4
County Health Care Agency.
(g) Health officer shall mean the county health officer or
his or her deputy.
(h) Inspector shall mean an environmental health specialist,
as defined in Health and Safety Code section 517,
employed by the health department, or the health officer
or any deputy health officer authorized to inspect
premises or equipment for the enforcement of this
article.
(i) Mobile food preparation unit shall be as defined in
section 27526 of the California Health and Safety Code.
(j) Open-air barbecue facility shall be as defined in section
27528.5 of the California Health and Safety Code.
(k) Person shall be as defined in section 27530 of the
California Health and Safety Code.
(1) 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 on such premises.
(m) Produce stand shall be as defined in section 27533 of the
California Health and Safety Code.
(n) Restricted food service transient occupancy establishment
shall be as defined in section 27535.5 of the California
Health and Safety Code.
(o) Satellite food distribution facility shall be as defined
in section 27536.5 of the California Health and Safety
Code.
(p) Temporary food facility shall be as defined in section
27538 of the California Health and Safety Code.
(q) Vehicle shall be as defined in section 27540 of the
California Health and Safety Code.
(r) Vending machine shall be as defined in section 27541 of
the California Health and Safety Code.
(s) Vending machine business shall mean the business of
selling food or beverages by means of vending machines,
regardless of the number of locations at which the
vending machines are located.
4
343
ORDINANCE NS-2171
Page 5
SECTION 8: That section 18-502 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 18-502. 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
article.
(b) Every applicant for a food vending permit shall file with
the health department a written application which shall state the
name and address of the applicant, the character and location of
the activity for which a permit is required under this 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) service stops which
shall include the address or exact location and time of each stop.
(c) A permit may be issued when investigation has determined
that the proposed facility and its method of operation will conform
to all applicable laws and regulations. A permit, once issued, is
nontransferable. A permit shall be valid only for the person,
location, type of food sales, or distribution activity approved
and, unless suspended or revoked, for the time period indicated.
(d) Any permit may be suspended or revoked for a violation of
any applicable provisions of law or regulation. Any food facility,
vending machine business, food processing establishment, or any
other food handling business governed by this article, for which
the permit has been suspended or revoked shall close and remain
closed until the permit has been reinstated or until a new permit
has been issued.
(e) Permits may be granted at any time during the year. A
permit shall be posted in a conspicuous place on the premises or
vehicle for which it is issued.
345
SECTION 9: That section 18-503 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 18-503. Construction, conversion and alteration.
Any person proposing to build or remodel a food facility,
vending machine business, food processing establishment, or other
food handling business governed by this article, shall submit three
(3) copies of the complete plans and specifications to the
department for review and approval pursuant to the applicable
requirements of the California Health and Safety Code. The health
0RD A CE S-2171
Page 6 347
officer may thereafter issue a certificate stating what
modifications, if any, are required for compliance with applicable
laws and ordinances.
~: That sections 18-504 and 18-505 of the Santa Ana
Municipal Code are hereby repealed.
SECTION 11: That section 18-506 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 18-506. Suspension and revocation of permits.
A permit issued under this article may be suspended or revoked
under the procedure set forth in this article for any of the
following reasons:
(a) Violation of state law,
(b) Violation of this article,
(c) Violation of the rules and regulations adopted pursuant
to this article; or
(d) Upon recommendation by the health officer.
SECTION 12: That section 18-507 of the Santa Ana Municipal
Code is hereby amended to read as follows:
sec. 18-507. Notice of violation.
When any of the aforesaid laws, this article, or rules and
regulations have been violated, an inspector may serve written
notice thereof entitled "Notice of Violation", specifying:
(a) The acts or omissions with which the permittee is
charged,
(b) The provision or provisions violated thereby,
(c)
(d)
(e)
The corrective steps required,
The date by which all such corrections must be completed,
allowing a reasonable period therefor,
That the permittee has a right to a hearing, upon written
request or that a mandatory hearing has been scheduled,
and
(f) That if no hearing is requested or that the permittee
fails to appear at the scheduled hearing, and if the
6
Page 7
health department does not receive notice that all such
corrections have been made before 9:00 a.m. of the date
named under (d) above, the permit will be subject to
suspension or revocation from that time until such
violations have been corrected.
SECTION 13: That section 18-508 of the Santa Ana Municipal
Code is hereby amended to read as follows:
sec. 18-508. Hearing.
The permit holder shall have the right to a hearing, if
requested, on all violations listed in the notice. A written
request for a hearing shall be made by the permittee within fifteen
(15) calendar days after receipt of the notice. A failure to
request a hearing within fifteen (15) calendar days after receipt
of the notice shall be deemed a waiver of the right to a hearing.
When circumstances warrant, the hearing officer may order a hearing
at any reasonable time within this fifteen (15) day period to
expedite the permit suspension or revocation process.
The hearing shall be held by the health officer or his duly
authorized representative who is a qualified environmental health
specialist as defined in Section 517 of the Health and Safety Code
and registered as provided in Section 529 thereof, but shall not be
the inspector who reported the violations or who inspected any
corrective measures taken.
The hearing shall be held within fifteen (15) calendar days of
the receipt of a request for a hearing. Upon written request of
the permittee, the hearing officer may postpone any hearing date,
if circumstances warrant such action.
At the conclusion of the hearing, the hearing officer shall
issue a written notice of decision to the permittee within five (5)
working days following the hearing. In the event of a suspension
or revocation, the notice shall specify the acts or omissions with
which the permittee is charged, and shall state the terms of the
suspension, or that the permit has been revoked.
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 14: That section 18-510 of the Santa Ana Municipal
Code is hereby amended to read as follows:
7
ORDINANCE NS-2171
351
seo. 18-510. 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, nonpotable 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 permittee a notice setting forth the acts or
omissions with which the permittee is charged, specifying the
pertinent code section, and informing the permittee of the right to
a hearing.
(c) At any time within fifteen (15) calendar days after
service of a notice pursuant to subsection (b), the permittee may
request in writing a hearing before a hearing officer to show cause
why the permit suspension is not warranted. The hearing shall be
held with 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 15: That section 18-511 of the Santa Ana Municipal
Code is hereby amended to read as follows:
18-511. Supervision of closing down premises.
When any permit is first suspended hereunder, or when 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 insure that the premises are closed down in a manner which
will not endanger public health. If the permittee or his employee
in charge cannot be found, or is unwilling or unable to remedy the
condition of the premises, the owner of the premises shall be
notified of the unsanitary conditions and shall be required to take
such remedial action as may be necessary to obviate such condition.
SECTION 16: That section 18-512 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 18-512. Rules and regulations.
The health officer may adopt and enforce rules and regulations
necessary to administer this article, including, but not limited
8
to,
regulations pertaining to:
(a) Forms for applications, permits and notices,
(b) Forms and procedures for hearings upon the granting,
denying, suspending, revoking or reinstating of permits,
(c) Inspection of premises and reporting thereon.
SECTION 17: That section 18-513 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 18-513. Penalty.
Any person violating any of
shall be guilty of a misdemeanor.
the provisions of this article
Code
SECTION 18: That section 18-514 of the Santa Ana Municipal
is hereby amended to read as follows:
18-514. Mobile food preparation units generally.
In addition to all other applicable provisions of the Health
and Safety Code and of this article, mobile food preparation
vehicles shall comply with the following requirements:
(a)
Compressors, auxiliary engines, generators, batteries,
battery chargers, gas-fueled water heaters, and similar
equipment shall be installed so as to be accessible only
from the outside of the unit.
(b)
Ail 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.
(¢) Ail 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 of a sudden stop, collision or
overturn. A safety knife holder shall be provided to
avoid loose storage of knives in cabinets, boxes, or
slots along counter aisles. Knife holders shall be
designed to be easily cleaned and be manufactured of
materials approved by the health officer.
(e) Ceiling light fixtures shall be recessed or flush-mounted
9
ORDINANCE NS-2171 355
Page 10
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 188
cm (76 inches) or the fixture shall be installed out of
the traffic aisle or work area.
(f) High voltage (110-120 v) electrical wiring shall be
properly installed in electrical conduit with all splices
or connections being made within junction, outlet, or
switch as to prevent the use of extension cords exceeding
183 cm (6 feet). Outside electrical connection
receptacles shall be of weatherproof design with cover.
(g) Attached, firmly anchored seats with backrests, equipped
with seat belts, shall be provided for all occupants. If
a jump scat 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 35.5 cm X 35.5 cm (14 inches
X 14 inches) in size. All occupants shall be seated,
shall wear seat belts and shall not cook or prepare food
while the vehicle is in motion. Signs setting forth the
latter three (3) requirements shall be posted in both
English and Spanish.
(h) A first aid kit approved by the health officer shall be
provided and located in a convenient area in an enclosed
case.
(i)
Ail pressure cylinders shall be securely fastened to a
rigid structure of the unit. All liquefied petroleum gas
(LPG) equipment shall be installed as follows:
(1) The LP-gas tanks and relief valves shall be
ASME-approved for intended use.
(2)
(3)
(4)
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.
Tanks and regulators shall be separated from any
open flame by a vapor-tight partition.
When tanks are installed in a body compartment, the
partitions shall be scaled 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. Ail tank valves and fittings shall be readily
10
O DINA CE S-2171
Page 11 357
accessible from outside the vehicle.
The tank safety relief valve shall be vented
to the outside and directed downward.
The filling shall be done through an outside
door to the compartment.
The compartment shall be vented to the
exterior of the vehicle so as to prevent
accumulation of gas.
(5)
(6)
(7)
(8)
Tubing that passes through partitions shall be
protected by grommets made of rubber or other
approved materials.
Tubing exposed to friction shall be protected
against chafing.
Expansion and contraction bends shall be made in
the tubing between the tank and the appliance.
ASME-approved LP-gas 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 LP-gas 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 five (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 driver's door. The
extinguisher shall be replaced or recharged after each
use.
SECTION 19: That section 18-515 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 18-515. Additional requirements for mobile food preparation
units operating in multi-locations in any 4ay.
In addition to the requirements specified in section 18-514
above, mobile food preparation units, which operate at more than
one location in any calendar day, shall comply with the following
additional requirements:
11
ORDINANCE NS-2171
Page 12 ~59
(a)
(b)
(c)
(d)
Coffee urns shall be installed in a compartment that will
prevent excessive spillage of coffee in the interior of
the vehicle 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.
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 prevent pressure buildup which could result in an
explosion. All lids shall be kept positively closed
while the vehicle is in motion. Signs setting forth the
latter requirement shall be posted in both English and
Spanish.
Water bath or steam hot food insert warming 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 such 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 vehicle is in
motion. Signs setting forth the latter requirement shall
be posted in both English and Spanish.
An alternate means of exit in the side opposite the main
exit door, or the roof, or the rear of the vehicle, with
unobstructed passage of 61 cm X 92 cm (24 inches X 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 2.54 cm
(1 inch) high letters.
SECTION 20: That section 18-516 of the Santa Ana Municipal
Code is hereby amended to read as follows:
8eo. 18-516. Health services fees.
The County may adopt health service fees to be paid by the
proprietor or operator of any food handling business. Such fees
are to be paid directly to the health officer and retained by the
County as reimbursement for services related to this article.
12
Page 13
~: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The city Council of
the City of Santa Ana hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
~: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof, required to be posted,
filed or deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this 3rd day of Auqust 1992.
ATTEST:
Mayor
COUNCILMEMBERS:
Young Aye
Pulido Aye
Acosta Aye
Griset Absent
McGuigan Aye
Norton Ay~
Richardson Aye
APPROVED AS TO FORM:
city Attorney
13
362
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Ordinance /%/~-~/7/ to be the original ordinance
adopted by the city Council of the city of Santa Ana on
~- ~- ~_ ; and that said ordinance was published in
accordance with the Charter of the.C~ty of Santa Ana.
e Coun~lI Date
city of Santa Ana