South Pasadena Municipal Code Art. I Public Health Code

• For the statutory authority to adopt codes by reference see Gov. C. §§ 50022.1—50022.8 and 50022.10.

For purposes of this division, the following definitions shall apply:

(a) “Chlorofluorocarbons” or “CFCs” means the family of substances containing carbon, fluorine and chlorine, and having no hydrogen atoms and no double bonds, and which includes without limitation, CFC-11, CFC-12, CFC-13, CFC-14 and CFC-15. Examples of products containing or utilizing chlorofluorocarbons are “Freon” used in air conditioning and refrigeration units, degreasers and solvents used in the cleaning of metals and electronic components and rigid and flexible foam used as packaging material and insulating material, and flexible foam used in car seats, bedding and furniture.

(b) “Halon” means any fully halogenated carbon compound containing bromine, chlorine, or fluorine, and includes, without limitation, Halon-1301, Halon-1211 and Halon-2402.

(c) “Ozone-depleting compound” means any CFC, Halon, the chemical compounds of methyl chloroform and carbon tetrachloride or any other chemical compound hereafter designated by the city council by amendment to this article, as being an “ozone-depleting compound.”

(d) “CFC food packaging” means any container, carton, box, cup, lid, plate, bowl, tray or wrapping of any kind, which is or may be used to contain, package, store, insulate or serve any food and/or beverage, where any CFC has been used in the manufacturing and production of such item.

(e) “Rigid or flexible foam containing or utilizing an ozone-depleting compound” means any rigid or flexible foam, such as styrofoam or thermoplastic foam, building insulation, or any other rigid or flexible foam that contains within any closed cell any ozone-depleting compound or that was produced by using an ozone-depleting compound in any manner during the manufacturing process.

(f) “City” means all territory within the corporate limits of the city of South Pasadena, county of Los Angeles, state of California.

(g) “City council” means the city council of the city of South Pasadena.

(h) “Person” includes any natural person, firm, association, partnership or corporation, whether acting as a principal, agent, employee or otherwise, and includes any governmental entity or charitable organization.

(i) “Establishment” means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, common law trust, society or individual engaged in any profession, trade, occupation and any and every kind of calling carried on for profit or otherwise within the city, including any governmental entity or charitable organization.

(j) “Licensed health care facility” means any health care facility licensed either by the State of California Department of Health Services, pursuant to the provisions of the Health and Safety Code, or by the United States Department of Health and Human Services. (Ord. No. 1969, § 2.)

(a) Within the city, no establishment shall use any ozone-depleting compound in any process or activity involving the manufacture, production, cleansing, degreasing or sterilization of any substance or product, except as otherwise provided in this section.

(b) Within the city, no establishment shall package any product with rigid or flexible foam containing or utilizing an ozone-depleting compound, except as otherwise provided in this section.

(c) Within the city, no establishment shall purchase, obtain, store, sell, distribute or otherwise provide to any person any CFC food packaging material, except as otherwise provided in this section.

(d) Exemptions:

(1) This section shall not apply to the study and/or research of the effects of the release of ozone-depleting compounds into the environment and/or the development of alternative technologies, where such compounds are necessary for conducting such study and research.

(2) This section shall not apply to any ozone-depleting compound used as a coolant in any refrigeration or air conditioning unit or system.

(3) Subsection (a) of this section shall not apply to any licensed health care facility operated either for profit or not for profit, including any medical research conducted at such facility, or to manufacturers of any “drug” and/or any medical “device” as the terms “drug” and “device” are defined in Title 21 U.S.C. Sections 321(g)(1) and 321(h) of the Federal Food, Drug and Cosmetic Act, but only if the manufacturer is required to comply with the Good Manufacturing Practice requirements adopted pursuant to Title 21 U.S.C. Section 360j(f). This exemption is valid until such time as safe and effective alternatives to the current uses of ozone-depleting compounds by the licensed health care facility or manufacturer of drugs and/or medical devices are available, as determined by the public works director and approved by council. All manufacturers of drugs and/or medical devices that utilize ozone-depleting compounds shall adopt and implement a recycling system whereby any ozone-depleting compound used as a sterilant by such manufacturers shall be recaptured and recycled in accordance with a recycling system approved by the public works director. Such approval shall be evidenced by a certificate issued by the public works director.

(4) This section shall not apply to any person manufacturing a product or component product under contract with any branch of the United States Armed Forces or with any establishment under contract with such branch where applicable military specifications require the use of an ozone-depleting compound. Such manufacturer shall adopt and implement a recycling system whereby any ozone-depleting compound used as a sterilant shall be recaptured and recycled in accordance with a recycling system approved by the public works director. Such approval shall be evidenced by a certificate issued by the public works director. (Ord. No. 1969, § 2.)

In the construction of any building or structure (commercial, industrial, residential or other), no person shall install any building insulation which contains or utilizes an ozone-depleting compound. Simultaneous with the filing of a building permit application, the applicant shall submit a written verification certifying that the building insulation to be installed does not contain an ozone-depleting compound. (Ord. No. 1969, § 2.)

No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, renovate or demolish any building or structure which requires removal of existing insulation that contains an ozone-depleting compound without recovering and properly disposing of such insulation in accordance with the procedures specified by the public works director. (Ord. No. 1969, § 2.)

All establishments that manufacture, repair, service or maintain any refrigeration or air conditioning unit or system, shall adopt and implement a recycling system whereby the ozone-depleting compound used as a coolant in such refrigeration or air conditioning unit or system will not be released into the environment, but will be recaptured and recycled in accordance with an approved recycling system. (Ord. No. 1969, § 2.)

No person shall sell any ozone-depleting compound for use as a coolant in a refrigeration or air conditioning unit or system to any person who does not possess and provide evidence of a certificate of possession and operation of a recycling system. (Ord. No. 1969, § 2.)

No person shall dispose of or shall cause the disposal of any refrigeration or air conditioning unit or system either in conjunction with the disposal of another product, or in any other manner, without first recapturing and recycling any ozone-depleting compound used as a coolant in said unit or system, or without first ensuring such coolant will be recaptured and recycled, in accordance with an approved recycling program. (Ord. No. 1969, § 2.)

Other than testing or training as may be required by any statute, rule or regulation mandating the release of halon, no person shall release halon in the training of personnel or in the testing of any fire extinguishing system unless the owner or lessee of the premises has obtained a testing permit from the fire department. (Ord. No. 1969, § 2.)

All establishments that repair, service or perform maintenance on any portable fire extinguishing system or unit shall adopt and implement a reclamation system whereby any halons used as the extinguishing agent in any such system or unit shall not be released into the environment, but shall be recaptured and recycled or properly disposed of in accordance with an approved reclamation system. (Ord. No. 1969, § 2.)