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HomeMy WebLinkAboutOrdinance #3931 ORDINANCE NO. 3931 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 8.04 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO FOOD HANDLING ESTABLISHMENTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 8.04.010 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.04.010 Definitions. The following terms used in this chapter shall have the meanings indicated below; provided, however, said definitions shall also include any amendments or changes made to referenced sections of the California Health and Safety code after January 1, 1991: (a) Certified farmers' market shall be as defined in section 113742 of the California Health and Safety Code. (b) Commissary shall be as defined in section 113751 of the California Health and Safety Code. (c) Food facility shall be as defined in section 113789 of the California Health and Safety Code. (d) Food processing establishment shall be as defined in section 111955 of the California Health and Safety Code. (e) Health Department or Department shall mean the Orange County Health Care Agency. (f) Health Officer shall mean the Orange County Health Officer or his or her deputy. (g) Inspector shall mean a Registered Environmental Health Specialist, as defined in Health and Safety Code Section 106615, 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 chapter. (h) Mobile food facility shall be as defined in section 113831 of the California Health and Safety Code. (i) Open-air Barbecue facility shall be as defined in section 113843 of the California Health and Safety Code. (j) Person shall be as defined in section 113855 of the California Health and Safety Code. (k) 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. 1 1-3 032/72479 l Ordinance No. 3931 (1) Produce shall be as defined in section 113877 of the California Health and Safety Code. (m)Receipt shall mean a County public health services fee receipt. (n) Satellite food distribution facility shall be as defined in section 113899 of the California Health and Safety Code. (o) Temporary food facility shall be as defined in section 113 93 0 of the California Health and Safety Code. (p) Vending machine shall be as defined in section 113938 of the California Health and Safety Code. (q) 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. SECTION 2. Section 8.04.020 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.04.020 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 chapter, 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 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 chapter and such other information as the Health Department may require. Applicants for a permit to operate a mobile food facility shall, in addition, provide a list of three (3) service stops which shall include the address of exact location and time of each stop. (c) A permit may be issued when investigation has determined that the proposed facility and its method of operation will conform to all applicable laws and regulations. A permit, once issued, is nontransferable. A permit shall be valid only for the person, location, type of food sales, or distribution activity approved and, unless suspended or revoked, for the time period indicated. (d) Any permit may be suspended or revoked for a violation of any applicable provisions of law or regulation. Any food facility, vending machine business, food processing establishment, or any other food handling business governed 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. (e) Permits may be granted at any time during the year. A permit shall be posted in a conspicuous place on the premises for which it is issued. 11-3032/72479 2 Ordinance No. 3931 SECTION 3. Section 8.04.060 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.04.060 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 section 106615 of the Health and Safety Code and registered as provided in section 106710 thereof, but shall not be the inspector who reported the violations or who inspected any corrective measure taken. (a) 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 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. (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 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 4. Section 8.04.070 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.04.070 Mobile food facility--generally. In addition to all other applicable provisions of the Health and Safety Code and of this chapter, mobile food facilities shall comply with the following safety 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 facility. (b) All equipment installed in any part of the facility 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 facility, including the interiors of cabinets or compartment, shall be constructed so as to be free of sharp or jagged edges. I 1-3032/72479 3 Ordinance No. 3931 (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 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 one hundred eighty-eight (188) centimeters(seventy-six (76) inches) or the fixture shall be installed out of the traffic aisle or work area. (f) High voltage (110-120v) electrical wiring shall be properly installed in electrical conduit with all splices or connections being made within junction, outlet or switch boxes to prevent the use of extension cords exceeding one hundred eighty-three (183) centimeters (six (6) feet). Outside electrical connection receptacles shall be of weatherproof design with cover. (g) Attached, firmly anchored seats with backrests, equipped with seat belts, shall be provided for all occupants. If a jump seat in the aisleway is utilized, it shall fold in a manner that will clear the aisleway when not in use and be held with a self-latching mechanism. Seats and backrests shall be at least thirty-five and five-tenths (35.5) centimeters (fourteen(14) inches by fourteen(14) inches) in size. All occupants shall be seated, shall wear seat belts and shall not cook or prepare food while the facility 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. (1) All pressure cylinders shall be securely fastened to a rigid structure of the facility. All liquefied petroleum gas (LPG) equipment shall be installed as follows: (1) The LP gas tanks and relief valves shall be ASME approved for intended use. (2) Tanks shall be securely fastened and located where they will normally not be subject to damage. They may be in a body compartment or underneath the body. The tank or fittings must not protrude beyond the body. (3) Tanks and regulators shall be separated from any open flame by a vapor-tight partition. (4) When tanks are installed in a body compartment, the partitions shall be sealed off from the rest of the body with no openings to the interior except for the tubing. The following additional requirements shall be met: (a) All tank valves and fittings shall be readily accessible from outside the facility. (b) The tank safety relief valve shall be vented to the outside and directed downward. (c) The filling shall be done through an outside door to the compartment. 11-3032/72479 4 Ordinance No. 3931 (d) The compartment shall be vented to the exterior of the facility so as to prevent accumulation of gas. (5) Tubing that passes through partitions shall be protected by grommets made of rubber or other approved materials. (6) Tubing exposed to friction shall be protected against chafing. (7) Expansion and contraction bends shall be made in the tubing between the tank and the appliance. (8) 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 5. Section 8.04.080 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.04.080 Additional requirements for mobile food facilities operating in multi-locations in anv day. In addition to the requirements specified in Section 8.04.070 above,mobile food preparation facilities which operate at more than one (1) location in any calendar day, shall comply with the following additional requirements: (a) Coffee urns shall be installed in a compartment that will prevent excessive spillage of coffee in the interior of the facility 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 facility. 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 facility is in motion. Signs setting forth the latter requirement 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 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 facility. 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 facility is in 11-3032/72479 5 Ordinance No. 3931 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 exit door, or the roof, or the rear of the facility, with unobstructed passage of sixty-one (61) centimeters by ninety-two (92) centimeters (twenty-four (24) inches by thirty-six (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 two and fifty-four one-hundredths (2.54) centimeters (one (1) inch)high letters. SECTION 6. Section 8.04.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.04.130 Fees. The purpose of this section is to establish fees sufficient to meet the reasonable expenses of the Health Officer enforcing State 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 section is contained in section 101325 of the Health and Safety Code. The County 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 County Health Office and retained by the County as reimbursement for said services related to this ordinance. (a) Area of Application. This section shall be enforceable within the territory in which the Health Officer enforces any State statute, order, quarantine or rule or regulation of any State office or department relating to public health, including incorporated as well as unincorporated territory. (b) Violation. It shall be unlawful for any person to conduct any activity enumerated in this section without a valid receipt. (c) Separate Activities. If a person shall conduct more than one of the activities for which a receipt is required, he must obtain a separate receipt for each activity, except as otherwise provided herein. (d) Applications. Applications for a receipt shall be filed with the Health Department on a form to be provided by that Department. The applications shall be accompanied by payment of the required fee. An application for or recipient of a receipt shall provide the Health Officer with any information requested by him or her. 11-3032/72479 6 Ordinance No. 3931 SECTION 7. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the Et:h day of February , 2012 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk '<j City Attorney REVI D APPROVED: INITIATED AND APPROVED: �lc i anager Ci y Attorney 1 I-3032/72479 7 Ord. No. 3931 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on January 17, 2012, and was again read to said City Council at a regular meeting thereof held on February 6, 2012, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on February 16,2012. In accordance with the City Charter of said City aa Joan L. Flynn,City Cler CU Clerk and ex-officio 'lerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California E