Chapter 6.15

AUTO BODY REPAIR SHOPS

Parts:

• 1 Definitions

• 2 General Provisions

• 3 Operating Regulations and Permit Conditions

Part 1

DEFINITIONS

Sections:

• 6.15.010 Definitions.

• 6.15.020 Auto body repair shop.

• 6.15.030 Automotive repair dealer.

• 6.15.040 Director.

• 6.15.050 Motor vehicle.

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 26476.)

• A. "Auto body repair shop" means any operation not otherwise expressly excluded by subsection C. that is a place of business operated by an automotive repair dealer where automotive collision repair or reconstruction of automobile or truck bodies is performed.

  • B. "Auto body repair shop" includes any of the following activities:

    1. Repairing motor vehicles, including, with limitation, the removal of integral parts

• T6:25

SAN JOSÉ CODE

§ 6.15.020

or component materials of motor vehicles for the purpose of repairing those motor vehicles, parts or materials; or

2. Buying, selling or dealing in motor vehicles for the purpose of repairing motor vehicles on site; subject to subsection B.1. above; or

3. Buying, selling or dealing in component materials or integral parts of motor vehicles, in whole or in part, for the purpose of repairing motor vehicles on site; or

4. Buying, selling or dealing in used motor vehicle parts for the purpose of repairing motor vehicles on site; or

5. Refurbishing, repairing, cleaning, painting or renovating motor vehicles or component materials or integral parts of motor vehicles.

who maintain an auto body repair shop as defined above shall fall under this definition.

(Ord. 26476.)

"Automotive repair dealer" means any person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles.

(Ord. 26476.)

"Director" means the director of the department of planning, building and code enforcement or the director of such other department the city manager may designate to administer and enforce the provisions of this chapter.

(Ord. 26476.)

• C. "Auto body repair shop" does not include premises on which two or more registered and operable motor vehicles are held or stored, only if the motor vehicles are used, or intended to be used, for one of the following purposes:

  1. Restoration or replacement parts or otherwise in conjunction with any business of a licensed dealer, manufacturer, or transporter of motor vehicles; or

  2. Restoration or replacement parts or otherwise in conjunction with the operation and maintenance of any fleet of motor vehicles used for the transportation of persons or property; or

  3. Premises or property used in conjunction with any agricultural, farming, mining, or ranching business; or

  4. The occasional and incidental repair of motor vehicles by dealers, as defined under state law, who have secured dealer's plates from the department of motor vehicles of the state of California for the current year and whose principal business is buying and selling new and used motor vehicles; except that those dealers

"Motor vehicle" means a passenger vehicle required to be registered with the department of motor vehicles, all motorcycles whether or not required to be registered by the department of motor vehicles, motorhomes, trailers, scooters and all other motorized and nonmotorized vehicles, but does not include pedal powered vehicles. (Ord. 26476.)

Part 2

GENERAL PROVISIONS

Sections:

• 6.15.200 Auto body repair shop permit required.

• 6.15.210 Permit fees.

• 6.15.220 Business permittee responsibility.

• 6.15.230 Application requirements and conditions.

• 6.15.240 Denial, suspension or revocation.

• 6.15.200 Auto body repair shop permit required.

• A. No person shall engage in the activities of an auto body repair shop without first obtaining

T6:26

BUSINESS LICENSES AND REGULATIONS

§ 6.15.230

an auto body repair shop permit from the director and paying the applicable permit fee or permit renewal fee in accordance with the provisions of this chapter and Chapter 6.02 of Title 6 of this Code.

• B. An auto body repair shop permit is a business permit for purposes of Chapter 6.02 of Title 6 of this Code.

• C. The procedures set forth in Chapter 6.02 shall govern the application for, the investigation related to, and the approval, denial, suspension, revocation, and renewal of any auto body repair shop permit issued pursuant to this chapter, except as otherwise provided in this chapter.

(Ord. 26476.)

Fees for an auto body repair shop permit application and follow-up inspections shall be as set forth in the schedule of fees established by council resolution.

(Ord. 26476.)

The act or omission of any partner, owner, associate, director, manager, officer, agent or employee of an auto body repair shop permit applicant or permittee is, for all purposes of this chapter and Chapter 6.02, an act or omission of the auto body repair shop permit applicant or permittee. (Ord. 26476.)

• A. All applicants for an auto body repair shop permit or a renewal thereof shall file with the director a written application in accordance with the provisions of Section 6.02.050.

• B. An applicant for an auto body repair shop permit or renewal thereof shall submit to the city the following information in addition to the information required pursuant to Section 6.02.050:

  1. A detailed and complete description of the nature of the activities and/or busi-

ness that the applicant intends to conduct at each location or place of business; and

2. The name, residence address, and residence telephone number of the applicant or a responsible agent of the applicant to receive notices on behalf of applicant pursuant to this chapter; and

3. A list describing all of the other permits and approvals applied for or obtained by the applicant to use the property for, or to perform, auto body repair shop activities; and

4. A detailed and accurate storm water pollution prevention plan (SWPPP) and hazardous materials business plan (HMBP) for approval by the director describing the actions that will be taken and the materials and equipment that are or will be installed and maintained at the property to prevent drainages, spills or other releases of hazardous materials on or from the property and to prevent storm water pollution on or from the property. The storm water pollution prevention plan and hazardous materials business plan shall include a description of the surfaces, systems, facilities, equipment and materials used or to be used and a site map showing the actual locations of all drains.

• C. An applicant for and permittee of an auto body repair shop permit shall provide the director with written notice of any change to the information concerning ownership, occupancy and use which was provided as part of the application. The applicant or permittee shall provide this notice prior to the date that the change is anticipated to occur, whenever practicable. Otherwise, the applicant or permittee shall provide this notice within thirty days of the date that the change occurred.

T6:27

SAN JOSÉ CODE

§ 6.15.230

• D. An applicant or permittee of an auto body repair shop shall provide the director with written approval of a criminal history investigation from the chief of police.

• (Ord. 26476.)

An application for an auto body repair shop permit or renewal thereof may be denied, suspended or revoked by the director upon any of the grounds set forth in Section 6.02.130 or on any of the following additional grounds:

• A. Any part of the storm water pollution prevention plan submitted pursuant to Section 6.15.230 is inadequate; or

• B. Any part of the security plan developed and maintained pursuant to Section 6.15.380 is inadequate; or

• C. The applicant or permittee has failed to timely obtain or comply with any permit or other approval required to use the property for or to perform auto body repair shop activities; or

• D. The applicant or permittee has failed to comply with any of the provisions of this chapter; or

• E. The applicant or permittee of an auto body repair shop, within five years prior to the date of application, has been convicted of a crime, and the crime is substantially related to the qualifications, functions or duties of the autobody repair business.

• (Ord. 26476.)

Part 3

OPERATING REGULATIONS AND PERMIT CONDITIONS

Sections:

• 6.15.300 Records and report. 6.15.310 Operating regulations. 6.15.320 Compliance inspection. 6.15.330 Compliance with all laws.

• 6.15.340 Hours.

• 6.15.350 Prevention of hazardous materials release.

• 6.15.360 Environmental protection.

• 6.15.370 Property maintenance.

• 6.15.380 Security.

• 6.15.390 Compliance with chapter.

Every auto body repair shop permittee shall keep a record of the sale, purchase, exchange, repair, or storage of any automobile or motor vehicle delivered into his or her possession, as required by the applicable sections of the California Vehicle Code, for a minimum period of three years or such longer period of time as may be required by law, whichever is greater, as well as a copy of all current permits and copies of the current storm water pollution prevention plan and the hazardous materials business plan, which records shall at all times be open to inspection by the director, the chief of police or any authorized peace officer. (Ord. 26476.)

• A. Every auto body repair shop permit issued by the director shall strictly comply with the terms and conditions set forth in this part, as well as all other conditions that are specifically set forth in the auto body repair shop permit.

• B. The provisions of this part shall constitute operating regulations. It shall be unlawful to violate of any of the provisions of this part.

• C. Every applicant for an auto body repair shop permit and every auto body repair shop permittee shall strictly comply with all of the provisions and procedures set forth in Chapter 6.02, as modified by the provisions of this chapter.

• D. A violation of any operating regulation shall constitute grounds for denial, suspension or revocation of an auto body repair shop permit.

T6:28

BUSINESS LICENSES AND REGULATIONS

§ 6.15.360

• E. The provisions of this part are intended to provide a minimum level of protection of the environment and the public health, safety and welfare at automobile body shop operations. Nothing in this part is intended to, nor shall prevent the city from imposing site-specific operating requirements and conditions through other applicable permitting and approvals processes, including, without limitation, environmental or land use approvals or permits. In the event of a conflict between an operating regulation set forth in this part and a requirement or condition contained in any other applicable permit or approval, the more specific or restrictive requirement or condition shall apply.

• (Ord. 26476.)

The applicant or permittee shall maintain all records and current permits at the business premises and, make them available to the director, the director's designated agent, or any peace officer upon reasonable request during regular business hours to inspect the premises, the security plan developed and maintained pursuant to Section 6.15.380 and records kept pursuant to Section 6.15.300 to determine compliance with the provisions of this chapter. (Ord. 26476.)

All auto body repair shops shall comply with all applicable laws, ordinances, codes, regulations and permit conditions of the federal, state and local governments and agencies, including, without limitation: all conditions set forth in permittee's auto body repair shop permit; zoning laws; the conditions of any land use permits; business tax certificate requirements; building, plumbing, electrical, and mechanical codes and regulations; fire safety codes and regulations; sanitary sewer and storm drainage regulations; regulations pertaining to the storage, handling and disposal of hazardous materials; the Federal Water Pollution Control Act (also

known as the Clean Water Act), and the conditions of any applicable national pollution discharge elimination system permit. (Ord. 26476.)

• A. An auto body repair shop shall not perform any business activities at any time between the hours of 12:00 a.m. and 7:00 a.m. without the express written consent of the director.

• B. An auto body repair shop shall not conduct any business activities between the hours of 12:00 a.m. and 7:00 a.m. within five hundred feet of a residential use unless proof is made to the director that there is no negative impact on any residential property that is located within five hundred feet of the auto body repair shop.

• (Ord. 26476.)

An auto body repair shop shall conduct all activities in accordance with applicable industry best management practices ("BMP's") and the direction of the fire department, the environmental services department, the air quality management district or other regulatory agencies as directed. (Ord. 26476.)

• A. An auto body repair shop shall not use, handle, store, dispose of or allow the release of any solution or hazardous material on or from the property, except as may be allowed under and in compliance with applicable laws and permits obtained by the auto body repair shop.

• B. Every auto body repair shop shall take reasonable steps to ensure that any solution or hazardous material allowed on the property shall be used, handled, stored and disposed of in a safe and proper manner and to prevent drains, spills or other releases of any solution or hazardous materials on the property, including, without limitation:

  1. Draining all fluids from vehicles or vehicle parts only on impervious surfaces de-

T6:29

SAN JOSÉ CODE

§ 6.15.360

scribed in the storm water pollution prevention plan pursuant to Section 6.15.230 above; and

2. Removing and properly storing or disposing of batteries; and

3. If any of the following materials including oil, grease, total suspended solids or other materials that may be specified in permittee's auto body repair shop permit are present at the auto body repair shop premises, permittee shall monitor and keep a written record of these materials, as well as monitor and keep a written record of the conductivity and the potential for hydrogen in the water runoff or discharge from the property, no less frequently than once per month during any month with measurable rainfall, or more frequently as may be set forth in an auto body repair shop permit; and

4. Prohibiting customers from performing motor vehicle repairs on their own or other motor vehicles on the property.

• C. Permittee shall immediately notify the city and other appropriate public agencies of any release of any solution or hazardous material on the property or from the property to any storm drain or sanitary sewer system.

• D. Permittee shall fully cooperate and comply with any investigation, cure, remediation or other order of the city or other appropriate public agency applicable to a hazardous material located on or affecting the property.

• (Ord. 26476.)

Every auto body repair shop shall keep the property on which its activities are conducted in a clean and safe condition by, at a minimum, performing all of the following tasks:

• A. Properly removing and storing all trash, litter, rubbish and debris on the property at the end of each business day; and

• B. Properly disposing of all trash, litter, rubbish and debris from the property on a daily basis; and

• C. Removing graffiti placed upon the property as required under this Code; and

• D. Storing separate motor vehicle parts, excepting the chassis, body and tires, and metal scrap bin in an enclosed storage area with a roof; and

• E. Performing any and all spray painting activity within a fully enclosed and properly ventilated area that is in compliance with the city's fire codes and Bay Area air quality management district requirements; and

• F. Parking motor vehicles and allowing motor vehicles to be parked only in those areas of the property designated for parking and in accordance with any applicable land use permit for the property; and

• G. Towing or having towed from the property any abandoned, dismantled, or inoperable motor vehicle that is not parked or stored on the property; and

• H. Taking all reasonable precautions and measures to prevent any unreasonable emission of noxious or offensive odors or dense smoke from the property; and

• I. Keeping driveways, sidewalks, parkstrips, fire access roads and streets on or adjacent to the property clear and clean; and

• J. Covering greasy or oily motor vehicles or motor vehicle parts, including scrap metal bins or motor vehicle parts bins, during rainy periods; and

• K. Otherwise operating in a manner that does not create any significant, adverse impacts upon the property or upon neighboring properties.

(Ord. 26476.)

A permittee shall take reasonable precautions and measures to secure the premises on which it

T6:30

BUSINESS LICENSES AND REGULATIONS

conducts its activities or on which its business is located, and the personal property thereon, including, without limitation, doing all of the following:

• A. Preparing and maintaining on the premises a security plan for inspection and approval by the director, which shall describe the method used by permittee to prevent unauthorized access to the premises and to prevent theft of property located on the premises; and

• B. Keeping and maintaining the premises and personal property in accordance with the security plan; and

• C. Securely locking all buildings and fences located on the real property at the end of each business day.

(Ord. 26476.)

Auto body repair shops lawfully conducting auto body repair shop activities in the City of San José on August 28, 2001 shall have until midnight on December 31, 2001 to obtain an auto body repair shop permit and bring their activities, operations and properties into compliance with this chapter.

(Ord. 26476.)

• 6.16.066 Suppliers and distributors.

• 6.16.070 Authority of chief of police to inspect premises and records.

• 6.16.080 Access to criminal history information.

• 6.16.090 Application - Investigation and recommendation by other departments.

• 6.16.100 Application - Notice of hearing - Inspection of evidence.

• 6.16.110 Application - Hearing and decision.

• 6.16.120 Permit - Denial or conditional approval - Conditions.

• 6.16.130 Permit - Appeal from denial, conditional issuance, suspension or revocation.

• 6.16.140 Changes in operating staff - Further investigation.

• 6.16.150 Permit - Fees.

• 6.16.160 Permit - Terms - Renewal - Special permits.

• 6.16.170 Permits - Nontransferable.

• 6.16.180 Filing of reports - Renewals - After permit expiration.

• 6.16.185 Filing of monthly reports.

• 6.16.190 Records required.