Diamond Bar Municipal Code Ch. 8.24 Public Health

Division 1 of Title 8 (Public Health Licenses) and Division 1 of Title 11 (the Health Code) of the Los Angeles County Code, as amended and in effect on August 1, 1998, are hereby adopted by reference and shall henceforth collectively be known as the Health Code of the City of Diamond Bar.

(Ord. No. 03(1998), § 1, 8-18-98)

A certified copy of Division 1 of Title 8 and Division 1 of Title 11, as adopted in section 8.24.010, have been deposited in the office of the city clerk and shall be at all times maintained by the city clerk for use and examination by the public.

(Ord. No. 03(1998), § 1, 8-18-98)

(a) Section 8.04.165 amended. Notwithstanding the provisions of section 8.24.010 of this chapter, section 8.04.165 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows:

"Section 8.04.165. Food Official Inspection Report. 'Food Official Inspection Report' means the written notice prepared and issued by the county health officer after conducting a routine inspection, and/or reinspection in the event a timely request for reinspection has been filed, of a food facility to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.

(b) Subsections A and B of section 8.04.225 amended. Notwithstanding the provisions of section 8.24.010 of this chapter, subsections A and B of section 8.04.225 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code are hereby amended to read as follows:

"A. 'Grading' means the letter grade issued by the county health officer at the conclusion of the routine inspection, and/or reinspection in the event a timely request for reinspection has been filed, of a food establishment. The grade shall be based upon the scoring method set forth in this section resulting from the Food Official Inspection Report and shall reflect the food establishment's degree of compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.

"B. 'Letter Grade Card' means a card that may be posted by the county health officer at a food establishment upon completion of a routine inspection, and/or reinspection in the event a timely request for reinspection has been filed, that indicates the letter grade of the establishment as determined by the county health officer using the scoring method set forth in this section. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment.

"Upon completion of a routine inspection of a food establishment, the county health officer shall advise the owner or operator thereof, in writing, of the actual grading and basis therefor as determined by the health officer. The Letter Grade Card shall be immediately posted by the health officer and shall remain posted unless and until reinspection is timely requested as provided herein. If reinspection is timely requested, posting shall be immediately suspended pending regrading following the reinspection.

"Nothing in this chapter shall prohibit the county health officer from creating, posting or otherwise using an Inspection Score Card in combination with a Letter Grade Card. The county health officer, in his discretion, shall determine whether to post the Inspection Score Card, the Letter Grade Card, or both."

(c) Section 8.04.275 amended. Notwithstanding the provisions of section 8.24.010 of this chapter, section 8.04.275 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows:

"Section 8.04.275. Inspection Score Card.

"A. 'Inspection Score Card' means a card that may be posted by the county health officer at a food establishment, upon completion of a routine inspection, and/or reinspection in the event a timely request for reinspection has been filed, that indicates the total numerical percentage score for the establishment as determined by the county health officer and as set forth in the Food Official Inspection Report. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment.

"Upon completion of a routine inspection of a food establishment, the county health officer shall advise the owner or operator thereof, in writing, of the actual grading and basis therefor as determined by the health officer. The Inspection Score Card shall be immediately posted by the health officer and shall remain posted unless and until reinspection is timely requested as provided herein. If reinspection is timely requested, posting shall be suspended pending regrading following the reinspection.

"Nothing in this chapter shall prohibit the county health officer from creating, posting or otherwise using an Inspection Score Card in combination with a Letter Grade Card. The county health officer, in his discretion, shall determine whether to post the Inspection Score Card, the Letter Grade Card, or both.

"B. The county health officer, in his discretion, may immediately close any food establishment which, upon completion of the routine inspection, or reinspection where applicable, achieves a total numerical percentage score less than seventy percent (70%) as set forth in section 8.04.225. Nothing in this provision shall prohibit the county health officer from immediately closing any food establishment if, in his discretion, immediate closure is necessary to protect the public health."

(d) Section 8.04.402 added. Notwithstanding the provisions of section 8.24.010 of this chapter, a new section 8.04.402 is hereby added to Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code to read as follows:

"8.04.402. Request for Reinspection. 'Request for Reinspection' means a written request, filed with the office of the county health officer or a county health department inspector while present on an inspected premises, within three (3) business days of a routine inspection of a food establishment conducted for purposes of preparing a Food Official Inspection Report, Letter Grade Card, and/or Inspection Score Card, therein requesting reinspection of such establishment, which request may be made not more than once in any twelve-month period. A written acknowledgment of receipt of the reinspection request shall be provided.

"Reinspection shall be conducted not less than fourteen (14) calendar days following the timely filing of a request for reinspection and shall be limited to those violations and areas and items of noncompliance identified during the prior routine inspection. Following reinspection, a revised Food Official Inspection Report shall be prepared and the establishment shall be regraded and posted based upon the revised report. The scores obtained with respect to areas and items which were found to be in compliance during the prior routine inspection, combined with scores obtained as a result of the reinspection, shall be the sole basis upon which a Letter Grade Card and/or Inspection Score Card may be prepared and posted following reinspection.

"A request for reinspection may only be filed by the owner or operator of the food establishment of which such routine inspection was conducted. Said three (3) day period within which to request reinspection shall not commence unless and until posting following a routine inspection has occurred or the owner or operator has otherwise been provided written notice of the actual grading and basis therefor as determined by the county health officer following the routine inspection, whichever occurs first."

(e) Subsections A, C and E of section 8.04.752 amended. Notwithstanding the provisions of section 8.24.010 of this chapter, subsections A, C and E of section 8.04.752 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code are hereby amended to read as follows:

"A. Subject to the provisions of sections 8.04.225 and 8.04.275 of this chapter, following a routine inspection, or reinspection if timely requested, or otherwise as permitted or required by this Code, the health officer shall post at each inspected food establishment the Letter Grade Card, the Inspection Score Card, or both, as determined by the health officer, so as to be clearly visible to the general public and to patrons entering the establishment. 'Clearly visible to the general public and to patrons' shall mean posted in the following order of priority:

"1.

Posted in the front window of the establishment within five (5) feet of the front door. If such posting is not reasonably possible in the determination of the health officer, then posting shall occur as provided in subsection 2, below.

"2.

Posted in a display case mounted on the outside front wall of the establishment within five (5) feet of the front door. If such posting is not reasonably possible in the determination of the health officer, then posting shall occur as provided in subsection 3, below.

"3.

Posted in such location as directed and determined in the discretion of the health officer to ensure the most effective notice to the general public and to patrons.

"C. Except as provided in sections 8.04.225 and 8.04.275 of this chapter, and subsection A of this section, neither the Letter Grade Card nor the Inspection Score Card shall be defaced, marred, camouflaged, hidden or removed, and it shall be unlawful to operate a food establishment unless posting of either card, or both cards, as determined by the county health officer, has occurred. Removal of the Letter Grade Card, the Inspection Score Card, or both, is a violation of this chapter and may result in the suspension or revocation of the public health permit and shall be punishable as specified in section 8.04.930.

"E. The Food Official Inspection Report upon which the Letter Grade Card, the Inspection Score Card, or both, are based and all subsequent reports issued by the county health officer shall be maintained at the food establishment and shall be available to the general public and to patrons for review upon request. The food establishment shall keep the Food Official Inspection Report and all subsequent reports until such time as the county health officer completes the next routine inspection, or reinspection as provided in this chapter, of the establishment and issues a new Food Official Inspection Report."

(f) Section 8.04.755 amended. Notwithstanding the provisions of section 8.24.010 of this chapter, section 8.04.755 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows:

"Section 8.04.755 Letter Grade Card and Inspection Score Card - Period of Validity. A Letter Grade Card, an Inspection Score Card, or both, shall remain valid until the county health officer completes the next routine inspection, or reinspection as provided in this Code, of the food establishment."

(Ord. No. 03(1998), § 1, 8-18-98)