Chapter 4 — AIR AMBULANCE TRANSPORT PERMITS

No person (either as owner, agent or otherwise) shall furnish, operate, conduct, maintain or otherwise engage in, or offer or profess to engage in air ambulance service in the unincorporated areas of the County unless the person holds a currently valid Air Ambulance Provider's Permit.

(Added by Ord. No. 9668 (N.S.), effective 8-14-04; amended by Ord. No. 10274 (N.S.), effective 8-29-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Each application for an Air Ambulance Provider's Permit shall be made upon forms prescribed by the County.

(Added by Ord. No. 9668 (N.S.), effective 8-14-04; amended by Ord. No. 10274 (N.S.), effective 8-29-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Each applicant who desires an Air Ambulance Provider's Permit shall submit the following data:

(a) Applicant's name and business address;

(b) The name(s) under which the applicant has engaged, does, or proposes to engage in air ambulance service;

(c) The names and addresses of the applicant, registered owner(s), partner(s), officer(s), director(s) and all shareholders who hold or control 10% or more of the stock of the applicant;

(d) A statement of fact and good faith (one from principal owner and one from designated physician medical director);

(e) A copy of the designated physician medical director's State of California physician's/ surgeon's license;

(f) A statement of legal history, one each from the applicant, all registered owner(s), partner(s), officer(s), director(s), and controlling shareholder(s), including criminal convictions and civil judgments;

(g) An application for a criminal history report, one each from the applicant, all registered owner(s), partner(s), officer(s), director(s), and controlling shareholder(s);

(h) A resume specifying the education, training, and experience of the applicant in the care and transportation of patients;

(i) A description of the applicant's program for maintenance of the vehicles;

(j) A description of the applicant's training and orientation programs for pilots, medical personnel, dispatchers, and maintenance staff;

(k) Evidence of insurance coverage as required by Sections 610.904 and 610.905;

(l) A list of the full names and California physician and surgeon license numbers of all other physicians employed by provider;

(m) A list of the full names and California Registered Nurse license numbers including expiration date of all registered nurses employed;

(n) A description of the locations from which air ambulance services will be offered, noting the hours of operation;

(o) A description of each air ambulance including the make, model, year of manufacture, vehicle identification number;

(p) A list of the full names of all other medical personnel which identifies each persons' EMT certification number or paramedic license number and issuing jurisdiction, and CPR Certification, including expiration dates;

(q) The applicant may be required to submit such other information as the Permit Officer deems necessary for determination of compliance with this Division;

(r) Proof of financial viability with ability to operate for a minimum of 6 months, with profit-loss information provided and proof of current tax payment status.

(s) Proof of required business license(s) for areas and/or cities in which applicant will operate.

(Added by Ord. No. 9668 (N.S.), effective 8-14-04; amended by Ord. No. 10274 (N.S.), effective 8-29-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Within 30 days of receipt of an application, the Permit Officer shall make a determination regarding the issuance of the applied for permit.

(Added by Ord. No. 9668 (N.S.), effective 8-14-04; amended by Ord. No. 10274 (N.S.), effective 8-29-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

The Permit Officer may order the denial of an application for a permit or a renewal thereof if he/she finds:

(a) The applicant, or any partner, officer, director, representative or agent thereof has knowingly made a false, misleading or fraudulent statement of a material fact in the application or in any reports or other documents required to be filed with the Permit Officer pursuant to this Division;

(b) The applicant is not the legal owner or operator of the air ambulance service;

(c) The applicant was previously the holder of a permit issued under this Division, which permit has been suspended or revoked and the terms or conditions of the suspension or revocation have not been fulfilled;

(d) The applicant has acted in the capacity of a permitted person or firm under this Division without having a valid permit therefor;

(e) The applicant has entered a plea of guilty to, or been found guilty of, or been convicted of a felony or a crime involving moral turpitude; or

(f) The applicant has violated any provisions of this Division or any provisions of any other ordinance or law relating to air ambulance services.

The Permit Officer shall notify the applicant in writing of the denial within 30 days of the receipt of the application. Such notice shall be either sent by mail to the applicant's last address provided in the application or be personally delivered, and shall set forth the reasons for such denial of application. Whenever an application for a Permit is denied, the applicant may request a hearing from the Permit Officer. Such request shall be made in writing and filed with the Permit Officer within ten days of personal delivery of the notice of denial. If the notice of denial is mailed, applicant has an additional five days to file a hearing request. The hearing shall be held not more than 20 days from the date of receipt of said request for hearing and the Permit Officer should notify the applicant of the time and place of such hearing. The hearing shall be conducted in the manner prescribed in Title 1, Division 6, Chapter 1 of the San Diego County Code of Regulatory Ordinances. The applicant shall also be entitled to the appeal provisions of Section 610.505 following the hearing before the Permit Officer.

(Added by Ord. No. 9668 (N.S.), effective 8-14-04; amended by Ord. No. 10274 (N.S.), effective 8-29-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

The decision of the Permit Officer rendered pursuant to this Chapter shall be final, unless an appeal is filed with the Clerk of the Board of Supervisors.

(Added by Ord. No. 9668 (N.S.), effective 8-14-04; amended by Ord. No. 10274 (N.S.), effective 8-29-13; amended by Ord.

No. 10927 (N.S.), effective 1-10-25)

Provider permits issued under this Division shall be valid for a period of one year unless earlier suspended, revoked or terminated.

(a) Vehicle permits shall expire concurrently with provider permit regardless of when vehicle permit was issued.

(b) Partial year permits shall be issued for aircraft put into operation within eleven months or less of current providers permit expiration. Partial year permits will be issued at one twelfth the cost of a full year permit for each month remaining on the Air Ambulance Provider's Permit.

(Added by Ord. No. 9668 (N.S.), effective 8-14-04; amended by Ord. No. 10274 (N.S.), effective 8-29-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Each applicant and Permit Owner shall report to the Permit Officer any change in the nature or scope of operations, including, but not limited to, changes in ownership, address, contact information, vehicle maintenance program, and any significant training and orientation programs within ten days of the effective date of the change.

(Added by Ord. No. 9668 (N.S.), effective 8-14-04; amended by Ord. No. 10274 (N.S.), effective 8-29-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

A Provider's Permit may be transferred to another person, partnership, corporation, or other entity ("Permit Transferee").

The Permit Transferee shall notify the Permit Officer of the transfer at least 30 days in advance of the effective date of such transfer. Within ten days of receipt of the notification, the Permit Officer shall deliver to the transferee a notice of requirement for an Air Ambulance Provider's Permit. Each applicant who desires to receive transfer for an Air Ambulance Provider's Permit shall submit the same required information as also provided in section 610.403 of this document.

(a) In the event one permitted provider acquires the operations of another permitted provider, the acquiring provider shall submit to the Permit Officer within 30 days, a complete listing of all vehicles acquired or liquidated.

(b) Vehicles transferred from one permitted provider to another permitted provider as a consequence of a merger/acquisition, shall have the existing County EMS decal retired, removed and returned to the Permit Officer. Each vehicle shall be submitted for reinspection (fees prorated with respect to subsequent operator's permit cycle) and issued a new decal following reinspection by the Permit Officer, prior to being placed in service by the subsequent operator.

(Added by Ord. No. 9668 (N.S.), effective 8-14-04; amended by Ord. No. 10274 (N.S.), effective 8-29-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Applicants for renewal of an Air Ambulance Provider's Permit under this Division shall annually file with the Permit Officer an application in writing, on a form furnished by the Permit Officer, which shall include any changes in the information required in Section 610.203 hereof from the current application on file. The application for renewal shall be filed with the Permit Officer at least 30 days prior to the expiration date of the current permit, and be accompanied by the appropriate renewal fees. Renewal of an Air Ambulance Provider's Permit shall require conformance with all requirements of this Ordinance as upon issuance of an initial permit. Nothing in this Ordinance shall be construed as requiring the automatic renewal of a Permit upon its expiration and the burden of proof respecting compliance of all the requirements of this Division and of entitlement of a Permit shall be with the applicant for renewal.

(Added by Ord. No. 9668 (N.S.), effective 8-14-04; amended by Ord. No. 10274 (N.S.), effective 8-29-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Upon closure, sale or liquidation of business, provider shall remove all permit decals from vehicles and return the decals to the EMS Officewithin 30 days. Provider shall also return, within 30 days, all other County owned property (in good operating condition) issued or loaned to the provider or be liable for the cost of it.

(Added by Ord. No. 9668 (N.S.), effective 8-14-04; amended by Ord. No. 10274 (N.S.), effective 8-29-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)