Hermosa Beach Municipal Code Ch. 8.04 Health Code Adopted

Contents:

8.04.010 Public health licensing regulations and health code adopted.

8.04.020 Copies filed.

8.04.030 Division 1, Title 8 - Amendments.

8.04.040 Division 1, Title 11 - Amendments.

8.04.050 Civil remedies.

8.04.060 Violations of health and safety regulations.

Division 1 of Title 8 (Public Health Licensing) and Division 1 of Title 11 (the Health Code) of the Los Angeles County Code, as the same have been amended and are in effect on March 1, 1998, are hereby adopted by reference, subject to the amendments set forth herein, and shall henceforth collectively be known as the Health Code of the City of Hermosa Beach.

A certified copy of Division 1 of Title 8 and Division 1 of Title 11, as adopted in Section 8.04.010, have been deposited with the City Clerk, and shall be at all times maintained by the Clerk for use and examination by the public.

1. Section 8.04.165 amended.

Notwithstanding the provisions of Section 8.04.010 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 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.

2. Subsections A and B of Section 8.04.225 amended.

Notwithstanding the provisions of Section 8.04.010 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:

1. “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.
2. “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 and/or Inspection 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 and using a Letter Grade Card in combination with an Inspection Score Card. The county health officer, in his discretion, shall determine whether to post the Letter Grade Card, the Inspection Score Card, or both.

3. Section 8.04.275 amended.

Notwithstanding the provisions of Section 8.04.010 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.

1. “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 and/or 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 and 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.

2. 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.’

3. Section 8.04.402 added.

A new section 8.04.402 is hereby added to Chapter 8.04 of Division 1 of Title 8 to read as follows:

Section 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 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, Grade Letter Card, and/or Inspection Score Card, therein requesting reinspection of such establishment, which request may not be made more than once in any twelve month period. A written acknowledgment of receipt of the reinspection request shall be provided. The request shall be accompanied by payment of a reinspection fee as established by the Board of Supervisors. Payment of such fee to a health inspector, as permitted herein, may only be made by check or money order, payable to the County of Los Angeles.

Reinspection shall be conducted not less than fourteen (14) calendar days following the timely filing of a request for reinspection and shall be limited in scope 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 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.

5. Subsections A, C and E of Section 8.04.752 amended.

Notwithstanding the provisions of Section 8.04.010 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:

1. 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, the health officer shall post at the 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:

2. 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.

3. 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.

4. 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.

5. 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. Unauthorized 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.

6. 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 pursuant to Section 8.04.402, of the establishment and issues a new Food Official Inspection Report.

7. Section 8.04.755 amended.

Notwithstanding the provisions of Section 8.04.010 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.

1. 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 pursuant to Section 8.04.402, of the food establishment.

1. Notwithstanding the provisions of Section 8.04.010 of this Chapter, Section 11.20.020 of Chapter 11.20 of Division 1 of Title 11 of the Los Angeles County Code is hereby amended to read as follows:

11.20.020 Apartment House.

“Apartment House” means any building or portion thereof which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied, as the home or residence of three (3) or more families living independently of each other and doing their own cooking in said building, and shall include flats and apartments.

2. Notwithstanding the provisions of Section 8.04.010 of this Chapter, Chapter 11.36 of Division 1 of Title 11 of the Los Angeles County Code, as the same has been amended and is in effect on December 14, 2010, is hereby amended to read as follows:

PART 1 GENERAL PROVISIONS

ARTICLE 1 DEFINITIONS

11.36.010 Definitions generally.

1. For the purpose of this chapter, the words and phrases set forth are defined and shall be construed as hereinafter set out, unless it is apparent from the context that any such word or phrase has a different meaning.
2. Whenever any word or phrase used in this chapter is not defined herein but is defined in state law or regulation or in another section of the Los Angeles County Code or Hermosa Beach Municipal Code, the definition set forth in such state law or regulation or other section of the Los Angeles County Code or Municipal Code is incorporated in this chapter as though set forth herein in full, and shall apply to such word and phrase used but not defined herein.

11.36.020 Approved.

“Approved” means meeting the minimum standards set forth and declared acceptable by the county health officer, the department, the State Department of Health Services or the United States Food and Drug Administration.

11.36.030 Blood borne pathogen.

“Blood borne pathogen” means any microorganisms that are present in human blood and that can cause disease in humans. Such pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HBC) and human immunodeficiency virus (HIV).

11.36.040 Blood borne pathogen standards.

“Blood borne pathogen standards” means any recognized law, ordinance, regulation or standard containing requirements or recommendations, which has been adopted by the department and is applicable to the control of blood borne pathogens in the conduct of any activities regulated by this chapter.

11.36.050 Body art.

“Body art” means to adorn the body through the permanent application of a tattoo or insertion of an object, such as jewelry, into a hole for display purposes. Body art is the collective term for any single activity or combination of activities defined herein and in Sections 17.04.050 of the Hermosa Beach Municipal Code as tattooing, body piercing or permanent make-up. It shall not include activities such as, or similar to, cutting of the skin or subcutaneous tissue, cutting or modification of cartilage or bone, implantation, branding, deep tissue penetration, threading, stapling or any other invasive procedure, whether or not such act would constitute the practice of medicine requiring licensure as a physician.

11.36.060 Body art activity.

“Body art activity” means any temporary or permanent application, process of application, sterilization, sanitization, cleaning, preparation, implementation or other procedure, utilized in the conduct of body art or any associated activity, which is necessary to the conduct of body art, as defined in this chapter.

11.36.070 Body art establishment.

“Body art establishment” means any permanent premises, business, location, facility, room, or any portion thereof, used or operated as a tattoo/body piercing studio as defined in Section 17.04.050 of the Hermosa Beach Municipal Code.

11.36.080 Body art technician.

“Body art technician’ means a person that has completed an approved blood borne pathogen training course and is registered with the department to conduct body art activity, in a permitted body art establishment.

11.36.090 Body art technician independent operator.

“Body art technician independent operator” means a body art technician conducting body art activity at a permitted body art establishment, but who is not an employee of the owner of the body art establishment.

11.36.110 Body piercing.

“Body piercing” means to puncture, perforate, or penetrate a human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. This includes, but is not limited to, creating such an opening in the ear, lip, tongue, nose, eyebrow or navel for the purpose of inserting jewelry or other decorations. Body piercing does not include piercing of the ear lobe or outer portion of the ear.

11.36.120 Client.

“Client” means any person who meets all legal requirements set forth in this chapter and has given informed consent to have body art activity performed upon his or her person.

11.36.130 Consent form.

“Consent form” means a document provided by the body art establishment or body art technician independent operator to each person requesting that any body art activity be performed upon his or her person.

11.36.140 Contaminated.

“Contaminated” means the presence or the reasonably anticipated presence of blood or other potentially infectious materials on a substance or in or on an item.

11.36.150 Contaminated waste.

“Contaminated waste” means any contaminated substance, including but not limited to any liquid or semi-liquid blood or body fluid or any material that would release potentially infectious material in a liquid or semi-liquid state if compressed, or any contaminated sharps, or any items that are caked with dried blood or other potentially infectious material and are capable of releasing these materials during handling.

11.36.160 County.

“County” means the County of Los Angeles

11.36.170 Department.

“Department” means the Los Angeles County department of public health.

11.36.180 Departmental regulations.

“Departmental regulations” means the regulations pertaining to body art activity and establishments promulgated by the department as currently written or as may from time to time be amended. When adopted by the department, these regulations are incorporated in and become part of this chapter.

11.36.190 Existing owner.

“Existing owner” means an owner of a body art establishment operating on the effective date of the ordinance codified in this chapter.

11.36.200 Exposure control plan.

“Exposure control plan” means a written plan that meets all requirements of Title 8 California Code of Regulations §§ 3203 and 5193, to minimize clients’ and employees’ risk of exposure to blood or potentially infectious material.

11.36.210 Exposure incident.

“Exposure incident” means a person’s eye, mouth, other mucous membrane, non-intact skin or blood coming in contact with potentially infectious material as a result of body art activity.

11.36.220 Instrument.

“Instrument” means approved equipment, devices, and components utilized to conduct body art activity, including but not limited to needles, needle bars, needle tubes, forceps, hemostats, tweezers, or other items used to insert pigment or dye, or to pierce, puncture or be inserted into any part of the human body, or to assist in such acts, for the intended purpose of making a tattoo or permanent hole. Such items also include studs, hoops, rings, or other decorative jewelry, materials or apparatuses.

11.36.230 Manager.

“Manager” means the owner or other person designated by the owner to be the owner’s on-site representative in a body art establishment, who shall meet the criteria and comply with the provisions set forth in Section 11.36.440.

11.36.250 Owner.

“Owner” or operator means the person, persons or legal entity having legal ownership of a business operating as a body art establishment. Any reference in this chapter to “owning” means having existing owner status.

11.36.260 Permanent cosmetics or makeup.

“Permanent cosmetics or makeup” means any application of pigment to or under the skin of a person for the purpose of permanently or semi-permanently changing the color or appearance of the skin. This includes, but is not limited to, permanent or semi-permanent eyeliner, eye shadow, or lip color.

11.36.270 Permanent hole.

“Permanent hole” means a hole produced by piercing or puncturing any part of the body with instruments intended to leave an opening in body tissue in which a device or apparatus may be inserted. Permanent hole includes any body part newly pierced or punctured which is undergoing a healing process, and any piercing or puncture whether or not removal of the device or apparatus from the perforation would result in fusing of the tissue structures.

11.36.280 Potentially infectious material.

“Potentially infectious material” means human body fluids, including but not limited to, semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, and any other body fluid that is visibly contaminated with blood such as saliva or vomitus, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids.

11.36.290 Registration.

“Registration” means the process as set forth in Section 11.36.320 whereby persons wishing to be body art technicians file a completed registration form with the department as a prerequisite to conducting body art activities in any jurisdiction wherein this chapter is in force. Registration by the department shall not mean the registered body art technician has demonstrated to the department’s satisfaction that the bearer has a level of competency sufficient to practice in this field. Registration shall remain valid for no more than three years.

11.36.300 Tattoo/tattooing.

“Tattoo” means to insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. Tattooing does not include application of permanent make-up that is performed as an incidental service in a beauty shop, day spa, or other service or retail establishment.