Alameda County Municipal Code Ch. 6.92 Health Fees

The board of supervisors of the county does hereby find and declare as follows:

A. That the expenses incurred by the county health officer, the director of the department of environmental health services, or other applicable enforcement officers in the enforcement of certain statutes, orders, quarantine, rules or regulations prescribed by a state officer or department relating to public health, are not met by any fees prescribed by the state, and that the costs of certain other health services are similarly not met by any fees prescribed by the state;

B. That the expenses incurred by said officers in the enforcement of such mandates and in providing certain other services are reasonable and necessary for such enforcement;

C. That the schedule of fees prescribed in this chapter reasonably reflects the expenses of the county health enforcement officers for such enforcement and services.

(Prior gen. code § 3-140.0)

(Ord. No. 2001-4, § 8, 8-1-00)

The purpose of this chapter is to establish a fee system applicable to any business or activity which is subject to state or local mandates pertaining to public health, including, but not limited to, state statutes, local ordinances, rules and regulations, quarantines or orders so that the expenses of enforcement may be offset by such fees collected.

(Prior gen. code § 3-140.1)

The fees prescribed by this chapter are applicable to any business or activity within the geographic area in which the county health officer, the director of the department of environmental health services or other applicable enforcement officer is required to enforce the laws or mandates.

(Prior gen. code § 3-140.2)

(Ord. No. 2001-4, § 8, 8-1-00)

Any person conducting or engaging in a business, occupation, act or activity listed in Section 6.92.050 of this chapter within the geographical area under jurisdiction of the director of the department of environmental health ("director"), shall be liable for the applicable environmental health service fees specified in this chapter for such business, occupation, act or activity.

(Prior gen. code § 3-140.3)

(Ord. No. 2001-4, § 8, 8-1-00)

A. Bakery. Any premises which is operated for commercial baking, preparing, manufacturing, processing, or packaging of bakery products. It includes all rooms of a bakery in which bakery products or ingredients are stored or handled.

B. Food Market. A food establishment whose primary business is the sale of groceries, meat and/or produce.

1. Limited Food Market. Limited to prepackaged, non-potentially hazardous foods.

C. Confectionery. Any premises operated for the retail sale of candy, gum, peanuts, nuts or similar confectionary whether in bulk, canned, wrapped, bottled, packaged or in any other form.

D. Food Facility Permit Application Fee. Fee for permit application (one time, initial charge if the permit is renewed prior to expiration of the current permit).

1. Mobile Food Facility and Occupied Mobile Food Preparation Unit Inspection Appointment Fee. Fee for annual appointment for issuance of permit. Fee is to be applied towards the annual permit fee. Fee is forfeited if the applicant does not come to the appointment and does not notify this department at least twenty-four hours in advance of the appointment time

2. Mobile Food Facility (MFF). As defined in Section 113831 of the Health and Safety Code.

3. Itinerant Mobile Food Facility. Limited to produce and/or prepackaged nonpotentially hazardous foods;

4. Push Cart. Small mobile food facility which is designed to be pushed by hand and does not exceed three hundred fifty (350) pounds when full;

5. Occupied Mobile Food Preparation Unit (OMFPU). As defined in Section 114321 of the Health and Safety Code;

E. Commissary. As defined in Section 113751 of the Health and Safety Code.

F. Restaurant.

1. Catering Kitchen/Commissary and/or Registered Caterer.

2. Restricted Food Service Facility (Agricultural Home Stay/Bed and Breakfast). As defined in Section 113893 of the Health and safety Code.

3. Take-out. A Facility with food prepared on-site and consumed predominantly off the premises,

4. Snack Bar. A food facility which is limited to serving hot dogs, popcorn or prepackaged ice cream, sandwiches, candy or comparable items which are considered nonpotentially hazardous and limited to single service utensils;

5. In-Plant Feeding. Food facility predominantly serving food to employees;

6. Tavern. Limited to beer and wine;

7. Cocktail lounge;

8. School cafeteria; (For purposes of calculating plan check fees a school cafeteria shall be considered a "snack bar".)

9. Detention facility kitchen;

10. Coffee House. Serves coffee and non-perishable foods such as pastries without food preparation other than coffee and blended coffee drinks.

G. Food Storage Facility. Auxiliary off-site storage warehouse associated with a market, restaurant, and/or temporary food facility.

H. Temporary Food Facility/Nonprofit Charitable Temporary Food Facility. As defined in Section 113842/113930 of the Health and Safety Code. (See Section 6.92.070 for fee exemption for certain "nonprofits.")

I. Seasonal Food Facility. Limited to forty-five (45) days or less.

J. Certified Farmer's Market. As defined in Section 113742 of the Health and Safety Code.

K. Ice Plant. A facility producing ice as defined in Section 110970 of the Health and Safety Code.

L. Vending Machine. As defined in Section 113938 of the Health and Safety Code.

M. Detention Facility.

N. Kennel.

O. Reinspection Fee. When multiple inspections are necessary to correct repeated violations of the Health and Safety Code, local statutes, rules, or regulations in any business operating under the jurisdiction of the director, the director shall have authority to assess a reinspection fee to the permit holder of said facility;

P. Public Swimming Area Permit Application Fee. Fee for permit application (one time, initial charge if the permit is renewed prior to expiration of the current permit).

1. Public Swimming Area. Includes the terms "public swimming pool" and "resort" as those terms are defined in the Health and Safety Code, Sections 116025 and 115975 respectively.

Q. Sewage Transport Vehicle. Any vehicle used in whole or in part for transportation of septic tank, chemical toilet, or other sewage wastes.

R. Water Supply Utility. Means one of the following:

1. State Small Water System. A public water system which serves:

a. More than four but less than fifteen (15) service connections,

b. Less than twenty-five (25) year-long residents, and

c. Any number of nonresident individuals less than sixty (60) days per year or less than twenty-five (25) nonresident individuals greater than sixty (60) days per year;

2. Local Small Water System. A public water system which serves:

a. More than one but less than five service connections,

b. Less than twenty-five (25) year-long resident individuals greater than sixty (60) days per year.

S. Waste Disposal Facility. Includes all facilities engaged in the disposal, treatment, storage or processing of liquid wastes.

T. Private Waste Disposal Facility. Includes hog farms, animal feed lots, septic tanks and holding tanks.

U. Drinking Water Analysis—Bacterial. Includes the collection and analysis of drinking water for the presence of bacterial contaminants.

V. Drinking Water Analysis—Chemical. Includes the collection and chemical analysis of drinking water for maximum contamination levels and consumer acceptance limits.

W. Drinking Water—Flow Rate. The on-site measurement of the yield of a water source.

X. Private Water Supply—Flow Rate, Bacterial and Chemical Analysis. Inspection of the source, determination of the yield, collection and analysis of the water for the presence of bacterial contamination, chemical contaminant levels and consumer acceptance limits.

Y. Plan Review. Includes the review of plans and related activities such as, consultation, site evaluation and construction inspections;

Z. Special Services. Requested evaluations, reviews, change of occupancy inspections, consultation services, technical review of environmental clean up efforts for the purpose of issuing site closure, or cost recovery for site specific services;

AA. Hazardous Waste Generator. Any person, as defined in Hazardous Waste Law Chapter 6.5, Health and Safety Code, who treats, stores, handles, or disposes of hazardous waste or whose act or process generates or potentially generates hazardous waste (as defined in Title 22 of the California Code of Regulations) or whose act first causes a hazardous waste to become subject to regulation.

AB. Underground Storage Tank. Any container as defined in Section 25281, et. seq. of Chapter 6.7, Division 20 of the California Health and Safety Code.

AC. Business Handling Hazardous Materials. A business, as defined in Chapter 6.95, Health and Safety Code, where hazardous materials are being handled, used, stored, or disposed. For the purpose of this definition, "business" includes a business organized for profit and a nonprofit business, as promulgated in Chapter 6.95 (commencing with Section 25500, Division 20 of the Health and Safety Code.)

AD. Conditionally Exempt Small Quantity Generator. A conditionally exempt small quantity generator is one which generates no more than one hundred (100) kilograms of hazardous wastes per month as defined in Health and Safety Code Section 25218.1 (a) as now in existence or as hereafter amended.

AE. Tiered Permit. A method of on site treatment of hazardous waste defined in Chapter 6.5 of the Health and Safety Code as permit by rule, conditionally authorized or conditionally exempt.

AF. Certified Unified Program Agency (CUPA) Surcharge. Annual surcharge for costs related to reporting requirements set by the state and for statewide General Oversight, Underground Tank Program Oversight, And Accidental Release Program (ARP) oversight under the direction of the Secretary of the California Environmental Protection Agency.

AG. Underground Tank System Modification. An underground tank system installation that incorporates the use of an existing and already in place underground tank container.

AH. Underground Tank System Removal: Permitted. The removal of an underground tank system that is permitted pursuant to Chapter 6.7 of the Health and Safety Code and Title 23 Code of Regulations requirements.

AI. Underground Tank System Removal: Un-Permitted. The removal of an underground tank system that is not permitted pursuant to Chapter 6.7 of the Health and Safety Code and Title 23 Code of Regulations requirements.

AJ. Reserved.

AK. Reserved.

AL. California Accidental Release Prevention (CaIARP) Program/Risk Management Prevention (RMP) Program. A plan as defined in Health and Safety Code, Chapter 6.95 and subpart G of Part 68 of Title 40 Code of Federal Regulations that is to be submitted for review.

AM. Solid waste landfills as described in Section 40195.1 of the Public Resource Code are classes of disposal sites, which accept refuse for disposal onsite. The authority to charge inspection fees for these facilities is covered in Section 6.76.040 of this chapter and is based a rate approved by resolution of the board of supervisors, and the volume of waste processed in tons.

AN. Solid waste transfer facility as described in Section 40200 of the Public Resource Code are those facilities utilized to receive solid waste, temporarily store, separate, convert, or otherwise process the materials in the solid waste, or to transfer from smaller to larger vehicles for transport. The authority to charge inspection fees is covered in Section 6.76.040 of this chapter and is based on a rate approved by resolution of the board of supervisors, and the volume of waste processed in tons.

AO. Solid waste collection vehicle as described in Title 14, Division 7, and Section 17225.13 of the California Code of Regulations is any vehicle or equipment used in the collection of residential refuse or commercial solid waste. The authority to charge inspection fees is covered in Section 6.76.040 of this chapter and based on a rate approved by resolution of the board of supervisors.

AP. Composting facility as described in Section 40194 of the Public Resources Code (PRC) is any facility, which handles or processes compost, and for which an inspection is required to insure compliance with Section 18083 of Division 7, Chapter 5, Article 2.2 of Title 14 of the California Code of Regulations. The authority to charge a fee for compliance shall be based on the weight of the material processed as specified in Section 43213 of the PRC.

AQ. Liquid waste transport vehicle means any vehicle licensed by the local health officer to transport the contents of a septic tank, chemical toilet. cesspool or sewage seepage pits for proper disposal as defined in Sections 117400—117450 of the California Health and Safety Code. The authority to charge inspection fees is covered in Section 6.76.040 of this chapter and based on a rate approved by resolution of the Board of Supervisors.

AR. Medical waste small quantity generator as described in Section 117760 of the California Health and Safety Code means a medical waste generator that generates less than two hundred (200) pounds of medical waste per month. The treatment of this medical waste may be onsite or offsite. The authority to charge inspection fees for these facilities is derived from Section 6.52.040 of this chapter.

AS. Medical waste large quantity generator as described in Section 117680 of the California Health and Safety Code means a medical waste generator that generates two hundred (200) pounds or more of medical waste in any month of a 12-month period. The treatment of this medical waste may be onsite or offsite. The authority to charge inspection fees for these facilities is derived from Section 6.52.040 of this chapter.

AT. Medical waste common storage facility as described in Section 117640 of the California Health and Safety Code means any designated accumulation area that is onsite and is used by small quantity generators otherwise operating independently for the storage of medical waste for collection by a registered hazardous waste hauler. The authority to charge inspection fees for these facilities is derived from Section 6.52.040 of this chapter.

AU. Medical waste registration as defined in Section 117720 of the California Health and Safety Code means a registration issued by the enforcement officer to a medical waste generator. The authority to charge registration fees for these facilities is derived from Section 6.52.040 of this chapter.

AV. Tattooing, Body Piercing, Permanent Cosmetics. Every person engaged in the business of tattooing, body piercing or permanent cosmetics as defined in the Safe Body Art Act, contained the California Health and Safety Code, starting at Section 119300.

AW. Aboveground Petroleum Storage Tank (APST). Defined as any tank facility that is regulated under the California Health and Safety Code Division 20, Chapter 6.67 that requires state mandated compliance inspections administered by Environmental Health 's Certified Unified Program Agency (CUPA).

AX. Safe Drug Disposal. As defined by the Alameda Safe Drug Disposal Ordinance contained at Chapter 6.53 and regulations adopted to assist in the implementation and administration of the chapter.

(County Correction 7-07: Ord. 2007-12 § 1; Ord. 2003-69 (part); Ord. No. 2001-4, § 8, 8-1-00; Ord. 99-42; amended during 1996 codification; prior gen. code § 3-140.4)

(Ord. No. 2008-53, § 1, 12-9-08; Ord. No. 2009-26, 7-14-09; Ord. No. 2013-13, § 1, 3-26-13)

The fee for the inspection of establishments and the services listed in Section 6.92.050 shall be established by resolution of the board of supervisors and may be amended from time to time to reflect changes in costs.

(Ord. 2007-13 § 1; Ord. No. 2001-4, § 8, 8-1-00; prior gen. code § 3-140.5)

(Ord. No. 2009-26, 7-14-09)

Government agencies shall be exempt from the foregoing fees pursuant to Government Code Section 6103 except where specifically provided otherwise by state law.

Charitable organizations shall be exempt from the foregoing fees if they meet the following criteria:

A. Are engaged in a free humanitarian assistance of the poor, the suffering, or the distressed;

B. Disburse monies beyond expenses to provide the above services;

C. Possess a current Internal Revenue Service Section 501(c)(3) indicating a nonprofit status.

(Prior gen. code § 3-140.6)

(Ord. No. 2001-4, § 8, 8-1-00; Ord. No. 2009-26, 7-14-09)

If a person engages in more than one of the activities for which a fee is required by this chapter, he or she shall be deemed to be engaged in each activity separately, and a separate fee shall be paid for each activity, except in those cases specifically mentioned in this chapter.

(Prior gen. code § 3-140.7)

If the environmental health service fee required by this chapter is not paid in full within thirty (30) days of the invoice date, a penalty shall be imposed equal to twenty-five (25) percent of the unpaid fee. An additional penalty equal to twenty-five (25) percent of the unpaid fee shall be imposed at the end of the subsequent thirty (30) day period. The total penalty is not to exceed fifty (50) percent of the environmental health service fee.

The penalties imposed hereunder shall be computed on the applicable unpaid balance of the fees only, and shall not be applied to prior penalties assessed. The director of the department of environmental health services ("director") may waive penalties, in whole or in part, where it is determined that the delay was occasioned by excusable neglect on the part of the person billed.

(Prior gen. code § 3-140.8)

(Ord. No. 2001-4, § 9, 8-1-00)

Payment shall be due on the date the invoice/statement is sent. Accounts shall be considered delinquent thirty (30) days after the due date, at which time penalties will be assessed.

(Prior gen. code § 3-140.9)

Every person prior to conducting or engaging in a business, occupation or activity for which an environmental health fee is prescribed herein shall file an application for a health permit, tag or decal upon an appropriate form provided by the county. The permit, tag or decal must be approved prior to the commencement of the activity.

The application shall not be deemed complete nor the permit. tag or decal valid until all fees and penalties are paid in full.

(Prior gen. code § 3-141.0)

(Ord. No. 2001-4, § 10, 8-1-00)

Every person shall file an application and pay the fee for a temporary food facility permit no later than five working days prior to the event. A penalty of fifty (50) percent of the permit fee shall be assessed for applications submitted after the due date. Upon acceptable written request to the director the penalty may be waived in whole or in part.

(Ord. No. 2001-4, § 11, 8-1-00; Ord. 2003-69, 5-20-03)

Except as prohibited by federal of state law or regulation, or local ordinance or regulation, the director shall be authorized to deny, suspend, revoke, or refuse to renew any permit, tag, or decal to any responsible party wherein any fees are unpaid and delinquent pursuant to this chapter. A party whose permit, tag, or decal is denied, suspended or revoked pursuant to this section shall have no right to appeal notwithstanding Section 6.92.160. The sole remedy of any such party shall be to file an action in a court of competent jurisdiction seeking judicial review of such denial suspension or revocation

(Ord. No. 2001-4, § 11, 8-1-00)

A person operating a food facility or conducting any itinerant food vending without a valid permit shall be subject to penalties as provided in California Health and Safety code Section 113923 et seq.

(Ord. No. 2001-4, § 11, 8-1-00)

Every person having a permit, tag, or decal issued to any facility shall affix and maintain such permit or decal on such facility in a location designated by the director.

(Prior gen. code § 3-141.1)

(Ord. No. 2001-4, § 10, 8-1-00)

Where the director finds that a permit, tag, or decal has been lost, a replacement may be issued to the owner thereof upon payment of a fee.

(Prior gen. code § 3-141.2)

(Ord. No. 2001-4, § 10, 8-1-00)

The permit, tag, or decal issued shall not be transferable.

(Prior gen. code § 3-141.3)

(Ord. No. 2001-4, § 10, 8-1-00)

The director may charge a fee for site evaluation, quarantine and subsequent release from quarantine of a biting animal.

(Prior gen. code § 3-141.4)

(Ord. No. 2001-4, § 10, 8-1-00)

Any person required to pay any fee as set forth herein, with the exception of Section 6.92.111, who is aggrieved by the decision of the director may appeal said decision to the board of supervisors within ten (10) days following the effective date of the decision by writing to the clerk of the board of supervisors. Upon receipt of such request, the clerk shall request a report and recommendation from the director and shall set the matter for hearing at the earliest practical date. At said hearing, the board may hear additional evidence, and may reject, affirm or modify the director's decision. The decision of the board shall be considered final. The time during which an appeal is pending shall not be included in determining the delinquency date as defined in Section 6.92.100 of this chapter.

(Prior gen. code § 3-141.5)

(Ord. No. 2001-4, § 10, 8-1-00)

Deposits shall be required for review of certain plans and/or site mitigations and other projects of exceptional nature. The director shall collect a nontransferable deposit not to exceed three times the annual permit fee for plan review, construction inspections, and other related activities. If there is no permit fee for site mitigation review, the initial deposit shall be ten times the special services rate for technical review of environmental clean up efforts for purposes of issuing site closure.

A. Charge, Refund, Etc. Costs shall be charged against the deposit at an hourly rate, then in effect, plus an administrative fee equal to the existing hourly rate. If the deposit is exhausted before final approval by the director, or if the balance is not sufficient to cover anticipated remaining costs, the director shall collect from the applicant additional deposits, each not to exceed the original deposit, to cover said costs before any further review or inspection is made. Failure to pay an additional deposit within ten days following date of written notification shall void all prior approvals, and any further construction or activity shall be unlawful. Upon final approval, any deposit balance remaining shall be refunded to the depositor.

B. Time Limit. A plan approval is valid for only six months unless work has begun. If work has not begun within such time, resubmission of plans and deposit shall conform with subsection A of this section.

C. Penalties. Any person violating this section by failing to submit plans, obtain necessary inspections and approvals or make deposits, or by beginning or continuing construction or remodeling in violation hereof shall be liable for up to triple the annual permit fee as a penalty and remain subject to other applicable penalties and enforcement procedures.

D. Approval Limits. The approval of plans and specifications shall not prevent the director from thereafter requiring correction of errors in such plans and specifications, installations and operations being carried out thereunder when in violation of this code and/or other applicable laws.

(Prior gen. code § 3-141.6)

(Ord. No. 2001-4, § 10, 8-1-00; Ord. No. 2003-69, 5-20-03)

Fees shall be paid in advance for review of plans and specifications for the installation of new or remodeled facilities, and the removal or closure of underground ranks.

A. Time Limit. A plan approval is valid for only six months unless site work has begun. If work has not begun within such time, resubmission of plans and a new fee shall be required.

B. Penalties. Any person violating this section by failing to submit plans, obtain necessary inspections and approvals or pay fees, or by beginning or continuing construction or remodeling in violation hereof shall be liable for up to triple the permit fee as a penalty and remain subject to other applicable penalties and enforcement procedures.

C. Approval Limits. The approval of plans and specifications shall not prevent the director from thereafter requiring correction of errors in such plans and specifications, installations and operations being carried out thereunder when in violation of this code and/or other applicable laws.

(Ord. No. 2001-4, § 11, 8-1-00)

Each driving under the influence (DUI) program licensee approved by the county under 9 California Code of Regulations Section 9795 et seq. shall pay to the county the amount of five percent of gross program revenue per annum for the county's administration and monitoring of the DUI program.

(Ord. No. 2010-66, § 1, 12-7-10)