Chapter 8.16 — INSTITUTIONS

Sections:

• 8.16.010 Definitions.

• 8.16.020 License--Required.

• 8.16.030 Inspection--Authority.

• 8.16.040 Inspection--Opening required.

• 8.16.050 Permit--Required.

• 8.16.060 Permit--Application contents.

• 8.16.070 Permit--Investigation fee.

• 8.16.080 Permit--Application investigation.

• 8.16.090 Permit--Granting.

• 8.16.100 Permit--Term--Renewal.

• 8.16.110 Permit--Suspension and revocation.

• 8.16.120 General sanitary regulations.

• 8.16.130 Toilets for kitchen workers.

• 8.16.140 Diseased kitchen workers prohibited.

• 8.16.150 Drugs and poisons prohibited in kitchens.

• 8.16.160 Garbage disposal.

• 8.16.170 Employees' quarters.

• 8.16.180 Milk supply.

• 8.16.190 Emergency lighting.

• 8.16.200 Classrooms.

• 8.16.210 Toilet facilities--Homes for the aged and mental institutions.

• 8.16.220 Toilet facilities--Private boarding schools and children's boarding homes.

• 8.16.230 Toilet facilities--Private boarding schools and private day schools.

• 8.16.240 Toilet facilities--Day nurseries and day nursery schools.

• 8.16.250 Sleeping quarters--Homes for aged and mental institutions.

• 8.16.260 Sleeping quarters--Private boarding schools and children's boarding homes.

• 8.16.270 Sleeping quarters--Private day schools, day nurseries, day nursery schools, and children's

• boarding homes.

• 8.16.280 Isolation rooms.

• 8.16.290 Registries.

• 8.16.300 Prevention of communicable diseases.

• 8.16.310 Physician's statement required following certain illnesses.

• 8.16.320 Daily health inspections.

• 8.16.330 Play yards and play equipment.

• 8.16.340 Patients' utensils--Homes for the aged and mental institutions.

• 8.16.350 Variances.

• 8.16.360 Penalty for violations.

For the purposes of this chapter, certain words and phrases are defined, and certain provisions shall be construed, as set forth in this section unless it is apparent from the context that a different meaning is intended: A. "Children's boarding home" means any institution or establishment providing room and board for the reception and care of one or more children below the age of eighteen years, regardless of sex, unrelated to the caretaker, in the absence of parents or guardian, with or without compensation. B. "Day nursery" or "day nursery school" means any establishment providing day care for children between the ages of two years and four years six months, inclusive, but shall not include any day nursery or day nursery school maintained by any public school or the federal government. If day care is also provided for children over four years six months of age, as to

all children under four years six months of age, the establishment shall be considered as a day nursery or a day nursery school. C. "Home for the aged" means any institution, boarding home, or other place for the reception or care of one or more aged persons sixty-five years of age or over, except any hospital as defined in the Health and Safety Code of the State of California. D. "Mental institution" means any hospital, sanitarium, home, or other place receiving or caring for any insane, allegedly insane, mentally ill, mentally retarded or mentally incompetent person, but shall not include any institution or establishment maintained by any public agency. E. "Private boarding school" means any institution or establishment providing room and board and giving a course of training similar to that given in any grade of public school from kindergarten to the twelfth grade, inclusive, but shall not include any establishment maintained by a public school. F. "Private day school" shall mean any establishment providing a course of training similar to that given in any grade of public school from kindergarten to the twelfth grade, inclusive, but shall not include any establishment maintained by any public school. (Prior code §§ 6.08.010--6.08.070 (Ord. 349 § 1, 1951))

No person shall operate, maintain, or conduct a home for the aged, mental institution, private day school, day nursery, day nursery school, private boarding school or children's boarding home in the city without first having a license so to do and paying the fee therefor as provided by the ordinances of the city. (Prior code § 6.08.470 (Ord. 349 § 33, 1951))

It shall be the duty of the health officer, or his duly authorized representative, to investigate all homes for the aged, mental institutions, private day schools, day nurseries, day nursery schools, private boarding schools and children's boarding homes in the city and to ascertain whether such institutions are being conducted so as to comply with all the laws relating to sanitation and public health, and to recommend suspension or revocation of permits as provided in this chapter, or criminal prosecution for the violation thereof. (Prior code § 6.08.080 (Ord. 349 § 2, 1951))

Every home for the aged, mental institution, private day school, day nursery, day nursery school, private boarding school, and children's boarding home shall, at all reasonable times, be open to the inspection of the health officer of the city or of any person duly authorized by him to make such inspection. (Prior code § 6.08.090 (Ord. 349 § 3, 1951))

No person shall conduct, operate, or maintain any home for the aged, mental institution, private day school, day nursery or day nursery school, private boarding school, or children's boarding home unless he holds a valid, unrevoked and unsuspended permit so to do, issued by the city council. (Prior code § 6.08.100 (Ord. 349 § 4, 1951))

Any person desiring a permit to conduct, operate or maintain a home for the aged, mental institution, private day school, day nursery, day nursery school, private boarding school or children's boarding home in the city shall make application therefor to the city council on triplicate forms to be provided by the building inspector, which application shall state the name of the proposed home for the aged, mental institution, private day school, day nursery, day nursery school, private boarding school or children's boarding home, its address or proposed location, the names and addresses of all persons interested in the ownership thereof, the number of accommodations provided therein, and such other, further, pertinent information as the city council may require, which application shall be duly verified under oath. Upon receipt of such application, the building inspector shall immediately transmit one copy of the application to the health officer, and one copy to the fire chief. (Prior code § 6.08.110 (Ord. 543 (part), 1963: Ord. 349 § 5, 1951))

Every application for a permit, as required by Section 8.16.050, or for any renewal thereof, shall be accompanied by the

following application fee, which shall not be returnable to the applicant: A. Where there are accommodations for from one to ten children or aged or mentally ill persons, ten dollars; B. Where there are accommodations for from eleven to twenty-five children or aged or mentally ill persons, twenty dollars; C. Where there are accommodations for from twenty-six to fifty children, aged or mentally ill persons, forty dollars; D. Where there are accommodations for from fifty-one to one hundred children or aged or mentally ill persons, seventy- five dollars; E. Where there are accommodations for more than one hundred children or aged or mentally ill persons, one hundred dollars. (Prior code § 6.08.120 (Ord. 349 § 6, 1951))

Upon receipt of such application forms the health officer, the fire chief, and the building inspector shall inspect the premises and investigate the facts stated in the application and, within fifteen days after receipt of application forms, shall return them to the building inspector together with their report and recommendation as to whether the permit should be granted or denied. (Prior code § 6.08.130 (Ord. 543 (part), 1963: Ord. 349 § 7, 1951))

A. The building inspector shall thereupon transmit the application forms, together with the reports and recommendations to the city council for hearing and, at least five days before the hearing, shall notify the applicant that the city council will consider the application and the reports and recommendations at a hearing, and of the date of such hearing. B. If the city council is satisfied that the proposed home for the aged, mental institution, private day school, day nursery, day nursery school, private boarding school, or children's boarding home conforms to all existing laws and welfare, it may grant the permit, subject to such conditions and restrictions, including the number of accumulations permitted, as it shall deem proper. Otherwise, the permit shall be denied. (Prior code § 6.08.140 (Ord. 543 (part), 1963: Ord. 349 § 8, 1951))

A. Every permit issued under this chapter shall expire the following December 31st, and application for renewal thereof shall be filed thirty days prior thereto upon forms to be furnished by the city building inspector, accompanied by the investigation fee provided in Section 8.16.070. If the application for renewal is not so filed, the permit shall terminate. B. The procedure to be followed in such renewal shall be the same as that provided in Sections 8.16.060 through 8.16.080 for the granting of the original permit. (Prior code § 6.08.150 (Ord. 543 (part), 1963: Ord. 349 § 9, 1951))

Nothing in this chapter shall be construed to create any vested right in any person to the assignment, renewal, reissuance or continuance of any permit, and such right shall be and remain at all times vested in the city council, and the city council may, as provided in this chapter, suspend or revoke any permit for fraud or misrepresentation in its procurement, or for a violation of any of the provisions of this chapter, or of any other ordinance of this city or any state or federal statute, or any other act committed or permitted on the premises of the permittee by his, their or its officers, agents, or employees or guests or patrons tending to render such premises a common nuisance or a menace to the health, peace, morals or general welfare of the public, or whenever in the judgment of the city council the public interest demands such revocation of suspension. (Prior code § 6.08.490 (Ord. 349 § 35, 1951))

The following general regulations shall apply to the establishments regulated by this chapter, and it is unlawful to conduct, operate, or maintain any establishment which does not comply with this section: A. Sanitation of Rooms. All walls, floors, ceilings, woodwork, curtains, and furnishings shall be maintained in a good, clean, sanitary condition free from the accumulation of dirt and filth, and every room shall be provided with adequate ventilation, lighting, and heat. B. Protection from Heaters. A barrier or other protection shall be placed around each space heater, heating stove, and

fireplace. All gas-fired heaters must be connected to a supply line with a continuous rigid metal pipe. All gas, oil, or open- flame heaters or appliances shall be constructed so as to vent all fumes to the outside of the building in which they are located. C. Screens. All windows and doors shall be screened and maintained in good condition so as to exclude flies and other insects. D. Linen and Bedding. There shall be maintained an adequate amount of bedding, linen, and hand and bath towels in good, clean condition, and each bed shall be supplied with good springs and a clean, comfortable mattress. All beds and mattresses shall be kept in a sanitary condition and shall be thoroughly cleaned before being used by another person. E. Kitchen and Food. Every kitchen shall be conducted with strict regard to cleanliness affecting the purity and wholesomeness of the food therein prepared, served, kept, handled or stored, and the floor, sidewalls, ceilings, trim, fixtures, receptacles, utensils, sinks, drainboards, implements, dishes, storerooms, and machinery in every kitchen or place where food is prepared, served, kept, handled or stored shall be maintained in good repair and in a sanitary condition. The floors, walls, and ceilings of every kitchen shall be as required by the city building code for new structures for that type of occupancy. F. Refrigerators. All refrigerators and ice chests shall be kept in a clean and sanitary condition and in good repair at all times. Refrigeration for all perishable food shall be constantly maintained at fifty degrees Fahrenheit or lower, and refrigeration shall be of a capacity sufficient to eliminate congestion of food stored. Each refrigerator shall be supplied with a reliable thermometer. G. Sinks and Rinse Water. Kitchens shall be provided with not less than one two-compartment sink, one compartment to contain wash water and the other compartment to contain rinse water. The rinse water compartment shall be supplied with a gas burner or other device thereunder so that the rinse water will be maintained at a temperature of not less than one hundred seventy degrees Fahrenheit while in use, so as to properly sanitize dishes and utensils used for the preparation or serving of food. An adequate amount of soap or other detergent shall be used in the wash water to thoroughly clean all utensils. In lieu of a two-compartment sink, a mechanical dishwasher or its equivalent may be installed, but shall be connected to a hot water supply that will maintain to the fixture a temperature of not less than one hundred seventy degrees Fahrenheit for the rinse water. The provisions of this section relative to two-compartment sinks or mechanical dishwashers shall not apply to any home for the aged, mental institution, private boarding school or children's boarding home regulated by this chapter with seven or less children or mentally ill or aged persons where disposable service is used. The provisions of this section relative to two- compartment sinks or mechanical dishwashers shall not apply to any private day school or day nursery where one meal is served, where thirty or less children are enrolled, and where disposable service is used. H. Toilets -- Sanitation and Lighting. All toilet rooms, lavatories, baths, and showers shall be maintained free from all accumulation of dirt, filth or corrosion. All water closet rooms shall be adequately lighted and ventilated to outside air. (Prior code §§ 6.08.160 -- 6.08.240 (Ord. 349 § 10, 1951))

Every kitchen shall have a convenient toilet and lavatory in connection therewith, but separate and apart therefrom, which shall be maintained in a clean and sanitary condition. All operators, employees, and all persons who handle food, before beginning work shall put on clean garments, and immediately after visiting a toilet shall wash their hands and arms thoroughly with soap and water. (Prior code § 6.08.260 (Ord. 349 § 12, 1951))

No owner or employer shall require, permit or suffer any person to work, nor shall any person work in a kitchen where food is prepared, served, kept, handled or stored, who is afflicted with any infectious or contagious disease or local infection. (Prior code § 6.08.250 (Ord. 349 § 11, 1951))

No drugs, medicines, or poisonous substances shall be kept in the kitchen. (Prior code § 6.08.270 (Ord. 349 § 13, 1951))

All garbage and kitchen wastes not disposed of by automatic garbage disposal units must be kept in a tight, insect-proof, metal container, and removed from the premises and disposed of in a sanitary manner at reasonably frequent intervals. All containers shall be maintained in a clean, sanitary condition.

(Prior code § 6.08.280 (Ord. 349 § 14, 1951))

All employees' quarters shall be maintained in a clean, sanitary condition, and every room shall contain no less than five hundred cubic feet of air space for each person, with sufficient window area to afford proper ventilation and light. Employees' quarters shall be supplied with one toilet, one lavatory and one bath or shower for each ten persons, or major fraction thereof, of each sex. (Prior code § 6.08.290 (Ord. 349 § 15, 1951))

There shall be provided an adequate milk supply of pasteurized market milk only, except that certified milk may be used where not prohibited by state law or state regulation. All milk served must comply with state laws and regulations concerning serving of milk as are now, or may hereafter be, in effect. (Prior code § 6.08.300 (Ord. 349 § 16, 1951))

Adequate emergency lighting facilities shall be provided so as to be readily available to the personnel on duty. At no time shall any flame-type of lighting be used. (Prior code § 6.08.310 (Ord. 349 § 17, 1951))

The following regulations shall apply to classrooms in establishments regulated under this chapter, and it is unlawful to conduct, operate, or maintain any classroom which does not comply with this section. A. Floors. All floors in classrooms shall be kept clean. B. Walls and Ceilings. The walls of every classroom shall be so treated and maintained that the reflection factor is not more than eighty percent nor less than forty percent. The ceilings of every classroom shall be so treated and maintained that the reflection factor is not more than eighty percent nor less than sixty percent. C. Heating. Classrooms shall be properly heated when in use. The temperature shall be sufficient for the maintenance of health and comfort of the pupils, and shall in no case be below sixty-five degrees above zero Fahrenheit. D. Size and Ventilation. Every classroom shall have good ventilation, a ceiling height of not less than eight feet, and two hundred fifty cubic feet of air space per pupil. E. Illumination. Classrooms shall be so illuminated when in use that:

1. There is not less than fifteen foot-candle illumination in every part of the classroom;
2. There is no direct glare;
3. Indirect glare is reduced to a minimum. F. Window Area. Each classroom constructed, reconstructed, or altered after the effective date of the ordinance codified in this chapter, and every classroom used as such for the first time after the effective date of the ordinance codified in this chapter, shall have a window area of not less than one-fifth of the floor area. G. Seats and Desks. All seats and desks shall be maintained in good condition. All seats shall have back rests. Seats shall be of such height that any pupil sitting therein in a normal position can comfortably rest his feet upon the floor. Seats shall be so placed that no pupil, when sitting in a normal position in any one of them, shall face a window. (Prior code § 6.08.320 (Ord. 349 § 18, 1951))

Utility rooms shall be provided for all bed patients in any home for the aged or any mental institution. Such rooms shall be provided with a bedpan hopper or its equivalent. Bath tubs, lavatories, and laundry trays shall not be used for the cleaning of bedpans. Where one or more ambulatory or semiambulatory patient, inmate, or aged boarder is cared for or housed, there shall be provided at least one water closet for each seven, or fractional part thereof, patients or aged boarders of each sex; and one lavatory for each seven, or fractional part thereof; and one bath or shower for each ten, or fractional part thereof, patients or aged boarders of each sex within the building. All water closets and utility rooms shall be adequately lighted and ventilated to outside air; provided, however, that where there are less than seven ambulatory or semiambulatory patients, only one water closet and lavatory need be provided, regardless of sex. (Prior code § 6.08.330 (Ord. 349 § 19, 1961))

A. On each floor of every private boarding school or children's boarding home building, any part of which floor is used for sleeping purposes for children between six years and eighteen years of age, there shall be provided for each ten children or fractional part thereof, of each sex, conveniently and accessibly located for the use of such children, not less than the following:

1. One water closet;
2. One bathtub or shower;
3. Two lavatories;
4. Where there are twenty or more boys cared for, the health officer may require one or more urinals. B. For children below six years of age, requirements for sex shall be disregarded. C. Drinking fountains shall be available on each floor; and where sanitary drinking fountains are not provided, individual disposable drinking cups shall be available. (Prior code § 6.08.340 (Ord. 349, § 20, 1951))

A. In each building of a private boarding school or private day school containing one or more classrooms on each floor, the toilet facilities shall be as provided on the basis of the following ratio of toilets, urinals, and lavatories to the number of pupils.

1. One water closet for one to fifteen girls;
2. Two water closets for sixteen to thirty girls;
3. For each twenty girls, or fractional part over thirty, one additional water closet;
4. One water closet for one to fifteen boys;
5. One water closet and one urinal for sixteen to thirty boys;
6. For each forty boys, or fractional part over thirty, one additional water closet and one additional urinal;
7. One lavatory for each two, or fractional part thereof, of such water closets and urinals. B. Where the boy or girl attendance is over one hundred, and different groups are given recess at different times, the health officer may permit fewer toilet facilities for those boys or girls over one hundred in number. C. One approved drinking fountain for every fifty pupils, or fractional part thereof, but not less than one on each floor. D. Water faucets spaced at least fourteen inches apart over continuous wash sinks may be counted as lavatories. E. When approved by the health officer, toilet facilities located within one hundred feet of classrooms, which are provided for resident children, may be used for computing the number of such facilities for resident pupils. (Prior code § 6.08.350 (Ord. 349 § 21, 1951))

On each floor of every day nursery or day nursery school building, any part of which is used for the care of children between the ages of two years and four years six months, there shall be provided one toilet facility for each ten children or fractional part thereof, and one lavatory for each ten children or fractional part thereof. Toilets and lavatories shall be of suitable height and size to be reached easily by the children. Adjustable steps for young children shall be available. (Prior code § 6.08.360 (Ord. 349 § 22, 1951))

No person shall be kept, cared for, or maintained as a patient or aged boarder in any sleeping room which is occupied by one person, in any home for the aged or any mental institution, which provides less than eighty square feet of superficial floor area for each such person. Where a ward or semiprivate room is occupied by more than one person, there shall be provided not less than sixty square feet of superficial floor area for each such person. Beds shall be maintained at least three feet apart. Sleeping rooms or wards shall have a ceiling of not less than eight feet, and shall be well-lighted and ventilated to the outside air. Windows shall be one-half openable. The window area in any mental institution or home for the aged shall be not less than one-eighth of the superficial floor area. (Prior code § 6.08.370 (Ord. 349 § 23, 1951))

No person shall cause, permit, or suffer any child to sleep in any sleeping room, occupied by one child, providing overnight care in any building of a private boarding school or children's boarding home which provides less than eighty square feet of superficial floor area for each such child. Where a dormitory or semiprivate room is occupied by more than one child, there shall be provided no less than sixty square feet of superficial floor area for each such child. Beds shall be maintained at least three feet apart. Dormitories and semiprivate rooms shall have a ceiling height of not less than eight feet, and shall be well- lighted and ventilated to the outside air. Windows shall be one-half openable. The window area in any private boarding school or children's boarding home shall be not less than one-eighth of the superficial floor area. (Prior code § 6.08.380 (Ord. 349 § 24, 1951))

homes. Any room or rooms in any building or a private day school, day nursery, day nursery school, or children's boarding home used for daytime rest periods shall provide not less than thirty-five square feet of superficial floor area for each child. Beds or cots shall be kept at least three feet apart. Such rooms or dormitories shall have a ceiling height of not less than eight feet, shall be well-lighted and ventilated to the outside air. Windows shall be one-eighth of the superficial floor area and be one- half openable. (Prior code § 6.08.390 (Ord. 349 § 25, 1951))

Every home for the aged, mental institution, private boarding school and children's boarding home must have a separate room or rooms available for isolation purposes. (Prior code § 6.08.400 (Ord. 349 § 26, 1951))

A. Every owner or operator of a private day school, day nursery, day nursery school, private boarding school, or children's boarding home shall maintain a registry which shall show the name and birthdate and mother's maiden name of each child, and the address of his or her parents, or the names of guardians or other persons having legal custody and the name and address of the nearest kin. B. Every owner or operator of a home for the aged or mental institution shall maintain a registry which shall show the name, address, and mother's maiden name of each aged or mentally ill person; the name, address, and nearest of kin of each such person; and the name and address of the person responsible for the care and maintenance of such person. C. Such registry shall be open to the inspection of the health officer or any duly authorized officer or employee of the city. (Prior code § 6.08.410 (Ord. 349 § 27, 1951))

Whenever because of an unusually high incidence of communicable disease in the community the health officer deems it necessary, he may by order require each child, before enrolling in such private school, private boarding school, day nursery, day nursery school, and children's boarding home, to be inspected for signs of communicable disease, and no person shall thereafter permit any child to enroll in such school, nursery or home without complying with the requirements of this section. Such inspection shall be made and certified to in writing within twenty-four hours of enrollment, by a physician in good professional standing, or by the health officer or his agent, and must reveal that such child showed no signs of communicable disease which would cause the child's association with other children to be in any way detrimental to their health. (Prior code § 6.08.420 (Ord. 349 § 28, 1951))

Every child on returning after an illness of more than three days to a private day school, private boarding school, day nursery school, and children's boarding home, must present a certificate signed by a physician in good professional standing, or other practitioner authorized or permitted by law to practice in this state, or by the local health officer or his agent, or such other person designated by the health officer, stating that personal inspection of the child within twenty-four hours immediately preceding had revealed no signs of communicable disease which would cause the child's association with other children to be in any way detrimental to their health. (Prior code § 6.08.430 (Ord. 349 § 29, 1951))

A. Daily, on admission, each child shall be inspected for suspicious signs of communicable disease and, if a child is under six years of age, such inspection shall be made before the child mingles with others. B. It shall be the duty of the principal or other person in charge of any of the institutions referred to in this chapter immediately to isolate any child or other person affected with an illness presumably communicable and immediately to make arrangements for his care in isolation quarters or exclusion from the institution as required by the health officer. C. Whenever required by Section 2573 of the Health and Safety Code, or laws or statutes which may supersede said section, the health department shall be notified that such child has been isolated or excluded pending presentation of a readmission certificate obtained according to the following regulations: Any child or other person who has been isolated because of illness from, or contact to, a communicable disease, or suspected communicable disease, shall not be readmitted or permitted to mingle with others without presentation of a certificate issued by the local health officer or his agent, or by the attending physician, and countersigned by the health officer, stating that such child or other person is not liable to transmit a communicable disease. (Prior code § 6.08.440 (Ord. 349 § 30, 1951))

A. Play yards shall provide at least seventy-five square feet of play area for each child in any private day school, day nursery, day nursery school, private boarding school and children's boarding home, and shall be properly drained, of an even surface, and free of all rubbish and refuse. B. All play equipment shall be maintained in good condition and be securely set up. (Prior code § 6.08.450 (Ord. 349 § 31, 1951))

All bedpans, urinals and other bedside utensils used for patients and inmates shall be free from cracks or chips. Bedpans used individually shall be properly stored, marked and thoroughly cleaned after each use. Bedpans not individually used shall be sterilized after each use by boiling in water for fifteen or twenty minutes, or autoclaved. All bedpans shall be sterilized once a week by boiling in water for fifteen minutes, or autoclaved. (Prior code § 6.08.460 (Ord. 349 § 32, 1951))

Where the strict enforcement of the provisions of this chapter will present great practical difficulties or work unnecessary hardships, or will be materially detrimental to the preservation of a property right, the city council, upon application in writing, may grant a variance of the provisions of this chapter for any establishment regulated under this chapter, existing on the effective date of the ordinance codified in this chapter, upon such conditions and for such length of time, not exceeding one year, as may be required, if the city council is satisfied that the granting of such variance will not endanger the public health, safety or welfare. (Prior code § 6.08.480 (Ord. 349 § 34, 1951))

The penalty for the violation of any provision of this chapter shall be as prescribed in Chapter 1.16. (Ord. 586 § D (part), 1966: prior code § 6.08.500 (Ord. 349 § 36, 1951))