Contra Costa County Municipal Code Ch. 48-8 Certificates of Operation and Permits

No person, as owner, agent or otherwise, may furnish, operate, conduct, maintain, or otherwise engage in, or advertise, offer, or profess to engage in, private ambulance service within Contra Costa County unless the person holds a valid Contra Costa County certificate of operation.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

No person may furnish or operate an ambulance within Contra Costa County unless that ambulance has been issued a valid Contra Costa County ambulance permit. Each ambulance shall clearly display a valid EMS inspection decal in the place designated by the permit officer.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

No person may furnish or operate an emergency response vehicle within Contra Costa County unless that emergency response vehicle has been issued a valid Contra Costa County permit. Each emergency response vehicle shall clearly display a valid EMS inspection decal in the place designated by the permit officer.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

All ambulances shall carry a valid California Highway Patrol inspection report and permit authorizing use of the vehicle as an ambulance unless otherwise exempted by state or federal law.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

An application for a certificate of operation or ambulance permit shall be made upon forms prescribed by the permit officer.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

(a) An application for a certificate of operation shall be signed by the applicant and submitted to the LEMSA. An application shall show and provide the following information:

(1) The name and address of the applicant, including the names, business addresses and residence addresses of record of the applicant and registered owner(s). If the applicant is a corporation, joint venture, partnership or limited partnership, the applicant shall provide the names of all partners, corporate officers, and controlling shareholders, their permanent addresses, their percentage of participation in the business.

(2) The trade, firm or fictitious business name recorded with the county clerk, under which the applicant has engaged, currently engages, or proposes to engage in ambulance service.

(3) If the applicant is a corporation, a copy of its articles of incorporation.

(4) The type of ambulance service the applicant proposes to operate (emergency or non-emergency).

(5) The geographic area(s) where the applicant proposes to operate the ambulance service.

(6) The applicant's training and experience in the transportation and care of patients.

(7) A description of the management and supervisory structure of the applicant's business, demonstrating that the applicant has sufficient experienced personnel to provide for the oversight and supervision of staff and operations.

(8) The physical address of the applicant's base of operations and any stations to be maintained in Contra Costa County.

(9) A staffing proposal for each ambulance.

(10) An ambulance posting plan that describes the locations from which ambulances will be dispatched to provide services offered in Contra Costa County and specifies the hours of operation for each post or location.

(11) The physical address and description of the applicant's dispatch center location and a description of the applicant's policies and procedures for receiving requests and dispatching emergency and non-emergency requests for ambulance services.

(12) A description of the applicant's customer dispute resolution policies and procedures.

(13) A description of each ambulance that includes all of the following, the make, model, year of manufacture; vehicle identification number; mileage; current state license number; unit number; date the vehicle was placed in service; the length of time the vehicle has been in use; the proposed color scheme, insignia, name, monogram and other distinguishing characteristics of each respective vehicle; a description of the company's program for maintenance of the vehicle(s); a description of the vehicle's communications equipment; and a copy of the Department of Motor Vehicles registration certificate.

(14) Verification that the applicant has obtained all licenses and permits required by state and local law for the type of ambulance service proposed. An original or facsimile copy of each license and permit must be provided with the application.

(15) Verification of compliance with the National Fire Protection Association's Standard for Automotive Ambulances.

(16) The names and qualifications of each attendant and driver who will provide ambulance service within Contra Costa County.

(17) A description of the uniform to be worn by all certified or licensed personnel.

(18) The original or a facsimile copy of a valid California Highway Patrol inspection report for each ambulance listed in the application.

(19) A description of the applicant's training and orientation programs for drivers, attendants, and dispatchers.

(20) An assets and liabilities statement that is prepared and certified by a certified public accountant, demonstrating to the permit officer that, based on liquidity, profitability and sustainability, the applicant's financial status is adequate to maintain ambulance service operations for a six-month period. The applicant shall also provide the permit officer with any additional documentation requested by the permit officer to determine the applicant's financial viability, including, but not limited to financial statements for established applicants who have been in operation for more than one year. Financial statements for new applicants who have been in business for less than one year may include, but are not limited to, current profit and loss statements and a current balance sheet, both of which must be prepared by a certified public accountant.

(21) Evidence of insurance coverage as may be required by the permit officer.

(22) A signed statement of facts and supporting evidence demonstrating that the public health, safety, welfare, convenience, and necessity warrant the issuance of a certificate of operation.

(23) The service charges and the rate structure of the applicant. The applicant's service charges and rate structure must be reasonable and may not exceed any maximum charges established by the LEMSA.

(24) The applicant's legal history, including any criminal convictions or civil judgments. If the applicant is a sole proprietorship operating under a fictitious business name, or if the applicant is a partnership, the legal history of the proprietor or partners must be provided. Corporations and limited liability companies shall disclose all civil judgments or enforcement actions taken against them, as well as the legal history of the principals of the corporation or the limited liability company. "Legal history" includes arrests; pending criminal proceedings; a previously revoked ambulance license, permit or certificate of operation; and any past or current investigations by any government or administrative agency.

(25) A statement specifying whether the applicant has previously operated an ambulance company outside of Contra Costa County, and if so, under what name, type of service provided, where operated, and duration of operation.

(26) Written acknowledgment that the applicant understands and will comply with the LEMSA's minimum equipment list, policies, treatment guidelines, and other rules established for the level of service being provided.

(27) An applicant may be required to submit any additional information that the permit officer deems necessary to evaluate, review and investigate the applicant and the application for a certificate of operation.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

Within sixty days after receiving a completed application and the required fee, the permit officer will determine if:

(a) The applicant is licensed or permitted by the California Highway Patrol as an ambulance service.

(b) The applicant is able to provide the requested service.

(c) The applicant meets the requirements of this division, other applicable laws, ordinances, regulations, and the policies of the LEMSA.

(d) The applicant made any false statements in the application.

(e) The applicant failed to disclose facts pertinent to the application process.

(f) The applicant previously provided ambulance service in California or any other state.

(g) The applicant previously held or currently holds an ambulance license or permit which has or has not been renewed by the California Highway Patrol.

(h) The applicant previously held a Contra Costa County ambulance service permit or certificate of operation, and if so, whether that permit or certificate of operation was suspended or revoked, or that permit or certificate was not renewed and the applicant applied for renewal.

(i) The equipment of the applicant's vehicle, including radios, is in good working order and passes an inspection according to the provisions of Section 48-10.010.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

(a) If the applicant does not meet all of the requirements to operate an emergency or non-emergency ambulance service, the application will be denied and the applicant notified in writing at the address provided on the application. The applicant will be notified of the basis for the denial.

(b) If the applicant meets all the requirements to operate an emergency or non-emergency ambulance service, the application will be approved and the applicant notified in writing at the address provided on the application.

(c) A certificate of operation will not be issued until an ambulance permit has been issued for all the applicant's ambulances.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

(a) Except as provided in subsection (b) of this section, if the permit officer denies an application for a certificate of operation, the applicant may request a hearing on the denial. The appeal hearing will be scheduled within thirty days after the applicant's written request for hearing and will be conducted pursuant to Section 48-16.1004. The applicant will have the burden of proof as to why the certificate of operation should be approved.

(b) If an application is incomplete, the application shall be rejected and the applicant notified at the address provided on the application. The incomplete application will be returned to the applicant together with the fee paid. Notwithstanding subsection (a) of this section, if the permit officer rejects an application for a certificate of operation because the applicant failed to provide all required information, or the application was otherwise incomplete, the applicant has no right to a hearing. The applicant may resubmit a complete application together with the required application fee at any time.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

(a) Unless earlier suspended, revoked or terminated, a certificate of operation expires two years after the date issued, on the last day of the month of issuance.

(b) Nothing in this division shall be construed as requiring a certificate of operation to be granted when the previous certificate of operation expires.

(c) Nothing in this division shall be construed as creating any vested or property right in the renewal, extension, or continuance of any certificate of operation after it expires.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

(a) A valid permit to operate an ambulance service is valid until its stated date of expiration.

(b) An ambulance service provider holding a valid permit to operate an ambulance service will not be required to replace it with a certificate of operation until the permit to operate an ambulance service expires.

(c) Any action taken by the permit officer against a permit to operate, including, but not limited to, suspension or revocation, will proceed as if taken against a certificate of operation and as set forth in Chapter 48-16 of this code.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

A certificate of operation may be renewed. To renew a certificate of operation, the applicant must meet all requirements for the issuance of an initial certificate of operation.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

(a) One or more additional ambulances may be added to an existing certificate of operation if the ambulance service provider:

(1) Submits a vehicle description for each additional ambulance as specified in Section 48-8.012(a)(l3);

(2) Provides the required fee per ambulance; and

(3) Schedules and successfully completes an ambulance inspection for each additional ambulance.

(b) The term of the ambulance permit for additional vehicles ends on the earlier of the expiration date of the certificate of operation, or one year from the date the vehicle permit was issued.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

The permit officer may issue a temporary certificate of operation for a period of not more than ninety days, renewable at the discretion of the permit officer. The applicant will be notified in writing of the basis for issuance of a temporary certificate of operation.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

A nonrefundable application fee shall accompany every application for certificate of operation, ambulance permit, emergency response vehicle permit, or special event medical standby services permit, in an amount established by resolution of the board of supervisors.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

(a) An applicant for a temporary certificate of operation must pay a nonrefundable fee in an amount established by resolution of the board of supervisors before the permit officer issues a temporary certificate of operation.

(b) If a certificate of operation is subsequently issued to the holder of a temporary certificate of operation, the certificate of operation is deemed issued as of the date the temporary certificate of operation was issued. The ambulance service provider will be credited in the amount paid for the temporary certificate of operation.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

An annual inspection fee in an amount established by resolution of the board of supervisors shall be paid by the private ambulance service provider for each ambulance in service in Contra Costa County.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

(a) An ambulance that failed to pass an inspection must be re-inspected before it may operate. A re-inspection fee in an amount established by resolution of the board of supervisors shall be paid before there-inspection.

(b) After a certificate of operation or permit is suspended, an ambulance must be re-inspected before it may operate. A re-inspection fee in an amount established by resolution of the board of supervisors shall be paid before the re-inspection.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

A reinstatement fee, in an amount established by resolution of the board of supervisors, shall be paid before a certificate of operation is reinstated.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

The fees required by this chapter shall be paid to the county permit officer.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

An applicant or ambulance service provider shall report any change to the information required by Section 48-8.012 to the permit officer within ten days after the effective date of the change, except any change in the information required by Section 48-8.012 (a) (1) or (2) or an arrest shall be reported to the permit officer immediately, and in no event later than seven days after the date of that change or arrest.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

Certificates of operation are not transferable. Any change of ownership of an ambulance service provider's business terminates the certificate of operation. A new owner wishing to operate an ambulance service within Contra Costa County must apply for a certificate of operation.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

(a) A certificate of operation shall be displayed conspicuously in public view in the ambulance service provider's principal place of business in Contra Costa County.

(b) A holder of a certificate of operation shall also post its fees and rate structure for ambulance transport, including the cost per mile and supplies that may be charged to patients, in a conspicuous place at its principal place of business in Contra Costa County and on the ambulance service provider's website, if any.

(c) If a holder of a certificate of operation does not have a principal place of business in Contra Costa County, the certificate holder shall conspicuously display the aforementioned documents at the ambulance service provider's headquarters and on the ambulance service provider's website, if any.

(Ord. No. 2022-21, §§ II, III, 6-21-22).