Loading (50 kb)...'
(continued)
Note: Authority cited: Sections 208 and 18897.2, Health and Safety Code. Reference: Section 18897.2, Health and Safety Code.
s 30732. Cleaning and Sanitizing of Multiuse Utensils.
Note: Authority cited: Sections 208 and 18897.2, Health and Safety Code. Reference: Section 18897.2, Health and Safety Code.
s 30733. Storage of Food, Utensils and Equipment.
Note: Authority cited: Sections 208 and 18897.2, Health and Safety Code. Reference: Section 18897.2, Health and Safety Code.
s 30734. Health Requisites for Food Service Personnel.
Note: Authority cited: Sections 208 and 18897.2, Health and Safety Code. Reference: Section 18897.2, Health and Safety Code.
s 30734.1. Food Service Facilities and Operations at Intermittent Short-Term Organized Camps.
Provisions of Section 30730 shall not apply to intermittent short-term organized camps unless food is provided or prepared by the group for camper consumption. When food is provided or prepared by the group for camper consumption, food preparation facilities shall be in compliance with the provisions of Section 30730.
Note: Authority cited: Sections 208 and 18897.2, Health and Safety Code. Reference: Section 18897.2, Health and Safety Code.
s 30735. Garbage and Refuse.
All garbage and refuse shall be deposited and stored in flytight containers, removed and disposed of at a frequency and in a manner satisfactory to the local enforcing agency.
Note: Authority cited: Sections 208 and 18897.2, Health and Safety Code. Reference: Section 18897.2, Health and Safety Code.
s 30736. Vectors and Pests.
Every camp shall have a plan and equipment for coping with excessive numbers of flies, mosquitoes and other insects and with rodents. At times or places where special risk of transmission of disease to humans from insects, rodents or other animals exists, the camp shall institute special measures to protect the campers, under the guidance of the local enforcing agency.
Note: Authority cited: Sections 208 and 18897.2, Health and Safety Code. Reference cited: Section 18897.2, Health and Safety Code.
s 30740. Swimming Facilities.
All swimming pools, pools, wading pools and special purpose pools which are located in or provided for any organized camp shall be:
(a) Designed,
(b) Constructed,
(c) Maintained, and
(d) Operated in accordance with the provisions of Article 3, Chapter 1, Division 20, of the Health and Safety Code, Sections 24101-24109 and with the applicable provisions of Chapter 20, Division 4, Title 22, and Chapter 2-90, Part 2, Title 24, California Administrative Code.
Note: Authority cited: Sections 208 and 18897.2, Health and Safety Code. Reference: Sections 18897.2 and 24102, Health and Safety Code.
s 30741. Other Swimming and Bathing Facilities.
(a) Any swimming facility or natural bathing place that is not subject to the provisions of Section 30740, and every boating facility which is located in or provided for any organized camp, shall be approved by the local enforcement agency prior to use and shall be operated and used in accordance with any special conditions that may be specified in writing by the local enforcement agency to protect health and safety.
(b) Any organized camp which utilizes natural bathing places such as the seacoast, lakes or streams for swimming shall be equipped with at least one lifeboat (see Harbors and Navigation Code Section 652), which shall:
(1) be used for no purpose other than for the saving of life or for other emergencies; and
(2) be kept in good repair and readily accessible to the areas of potential use.
(3) The lifeboat may be substituted with equivalent water safety devices that are suited to the size, location, and use of the water facility; population of the camp; dangers inherent to the water facility; and when approved by the local health officer.
(c) No camp shall maintain or use a natural swimming or bathing area unless careful soundings of depth of water and location of eddies and pools and determinations of the presence and nature of dangerous currents, sunken logs, rocks and obstructions in the stream or river have been made.
(d) The camp operator shall post signs indicating in plain letters, the depth of water, the location of pools or eddies, and the presence and direction of currents of water. These signs shall be visible from the natural swimming or bathing area during the season when bathing and swimming are permitted.
(e) Lifeguard service as described in Section 24100.1, Health and Safety Code, shall be provided where either swimming pools or natural bathing places are used. There shall be a designated aquatics supervisor who is at least eighteen (18) years of age and who shall possess an American Red Cross Advanced Lifesaving Certificate or its equivalent certificate. Lifeguard service shall be provided at a ratio of one (1) lifeguard for each twenty-five (25) persons in the water.
Note: Listed below are corresponding sections of Titles 17 and 24, California Administrative Code, pertaining to swimming facilities: T17-7774, T17-7810, T17-7833.
Note: Authority cited: Sections 208 and 18897.2, Health and Safety Code. Reference: Section 18897.2, Health and Safety Code.
s 30750. Health Supervision.
(a) Every camper and staff member entering camp shall furnish a health history and a statement of immunization and overall health status. The local enforcing agency, when necessary for the protection of the health of campers and staff members, may require special inoculations for each camper and staff member entering camp (tetanus, polio, etc.). This provision shall not apply to adult campers or those coming as family groups.
(b) There shall be a full-time adult at the camp charged with health supervision, who is either a licensed medical doctor, a registered nurse, a licensed vocational nurse, or a person who has a certificate of training in the principles of first aid (Red Cross or equivalent).
(c) If a physician is not on the grounds, arrangements shall be made for a physician to be available on an on-call basis. An infirmary (tentage or other shelter), with provision for isolating patients, shall be provided. Advance arrangements shall be made for the immediate removal of seriously sick or injured campers or staff members to a point of adequate medical care, on recommendation of a physician. This subsection shall not apply to intermittent short-term organized camps except when required by the local enforcing agency for the protection of the health of campers and adult supervisors.
(d) A medical log book shall be maintained which includes at least the following information: Person treated; first aid or medical treatment rendered; name of the person administering the first aid or medical treatment; and the date of treatment. The medical log shall be in a bound book with sequentially numbered lined pages. A separate entry shall be made for each accident, injury or illness.
(e) Every person in charge of an organized camp must report all occurrences of foodborne illness and medically diagnosed infectious, contagious or communicable diseases promptly to the local enforcing agency.
(f) All camper medication brought to organized camps by minor campers or adults that is to be dispensed by organized camp personnel shall be:
(1) in the original container and labeled in accordance with California Health and Safety Code, Division 21, Chapter 6, Article 3, or
(2) in containers accompanied by specific written dispensing instructions by a parent, legal guardian or licensed medical doctor.
(g) All medications shall be stored in a locked container when unattended by a staff member.
Note: Authority cited: Sections 208 and 18897.2, Health and Safety Code. Reference: Section 18897.2, Health and Safety Code.
s 30751. General and Safety Supervision.
(a) Every camp, at all times of operation, shall have a person in charge who is at least twenty-five (25) years of age. In addition, there shall be a competent staff, adequate for the maintenance and operation of the camp facilities. There shall be a competent staff adequate for the care, protection, and supervision of the campers.
(b) There shall be at all times at least one counselor who is a high school graduate or who is at least eighteen (18) years of age, for each ten (10) campers under sixteen (16) years of age.
(c) Counselors shall possess demonstrated competence to supervise safety of camp activities. All counselors shall have been trained in the principles of First Aid.
(d) The organized camp site owner shall provide or ensure by contract that medical, emergency transportation facilities, lifeguard, supervisory and food service staff required by this subchapter is available when the site is in operation as an organized camp by a group or persons other than those controlled by the site owner.
(e) Subsections (b) and (c) shall not apply to intermittent organized short-term camps.
Note: Authority cited: Sections 208 and 18897.2, Health and Safety Code. Reference: Section 18897.2, Health and Safety Code.
s 30752. Transportation.
(a) All camps shall provide transportation for use in emergency situations.
(b) When emergency transportation does not include an on-site vehicle in good running condition, a specific plan for emergency transportation shall be maintained at the camp.
Note: Authority cited: Sections 208 and 18897.2, Health and Safety Code. Reference: Section 18897.2, Health and Safety Code.
s 30753. Emergency Procedures.
(a) Each organized camp shall retain on site separate plans outlining procedures which deal with the following emergency situations:
(1) Natural disasters and other emergencies.
(2) Lost camper and lost swimmer.
(3) Fire.
(4) Transportation emergencies.
(5) Severe illnesses and injuries.
(6) Stranger in camp.
(b) Plans shall contain at least evacuation procedures, procedures for communication with emergency medical facilities and the nearest fire station, and procedures for the control of vehicular traffic through the camp.
(c) Staff shall be trained in implementation of the established emergency procedures.
Note: Authority cited: Sections 208 and 18897.2, Health and Safety Code. Reference: Section 18897.2, Health and Safety Code.
Note: Authority cited: Sections 208, 3900, 3901, 15020 and 25800-25870, Health and Safety Code; Section 1224, Business and Professions Code. Reference: Sections 3900, 3901, 15000-15023 and 25811, Health and Safety Code; Sections 475, 480, 481, 482 and 1242.5, Business and Professions Code.
s 30801. Standards.
The wiping rags or materials to be processed and used as wiping rags shall be washed using an effective soap or detergent and thoroughly rinsed to remove soap or detergent and soil. Wiping rags shall be exposed to water at a minimum temperature of 71 degrees C (160 degrees F) for at least 24 minutes during the washing process.
Note: Authority cited: Sections 208 and 3901, Health and Safety Code. Reference: Section 3901, Health and Safety Code.
s 30850. Single Service.
"Single service" means a utensil, container, implement, wrapper, or other article designed for use only once and then discarded in the preparation, storage, display, service, consumption, or sale of food or beverage.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 3700 and 3701, Health and Safety Code.
s 30851. Multiuse.
"Multiuse" means a utensil, container, implement, wrapper, or other article designed for use more than once in the preparation, storage, display, service, consumption, or sale of food or beverage.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 3700 and 3701, Health and Safety Code.
s 30852. Utensils and Containers, Conditions of Use and Storage.
(a) Multiuse and single service drinking utensils and ice buckets shall be protected from dirt, vermin, droplet infection, overhead leakage, and other potential contamination during handling, storage, and distribution.
(b) Multiuse drinking utensils or ice buckets may be used in guest rooms under the following conditions:
(1) They are thoroughly washed and sanitized after each use.
(2) The drinking utensils, prior to distribution, are placed in protective bags with the open end of the utensil placed in the closed end of the bag to prevent handling of the lip contact surface.
(3) No utensil shall be labeled or otherwise indicate to have been cleaned and sanitized unless it has been cleaned and sanitized in accordance with Section 30853 and/or 30855.
(c) Single service drinking utensils or ice buckets may be used in guest rooms under the conditions that the drinking utensils are dispensed by one of the following methods:
(1) From a dispenser which keeps the lip contact surface enclosed.
(2) Individually wrapped.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 3700 and 3701, Health and Safety Code.
s 30853. Hand Dishwashing and Sanitizing.
(a) Multiuse drinking utensils or ice buckets shall be washed and sanitized in a three-compartment metal sink equipped with hot and cold running water and integral metal drain boards.
(b) The drinking utensils and ice buckets shall be processed in the following sequence:
(1) Washed with hot water 40.5-49 degrees Celsius (105-120 degrees F) and detergent in the first sink compartment until thoroughly cleaned.
(2) Rinsed in hot water 40.5-49 degrees Celsius (105-120 degrees F) in the second compartment.
(3) Immersed in the third compartment containing a bactericidal solution in such concentration and for such time as specified in Section 30854.
(c) A facility with a two-compartment metal sink with metal drainboards on the effective date of these regulations may continue to use such sink utilizing procedures listed in (1) and (3) of Subsection 30853(b) until replacement is necessary because of deterioration or modernization of premises.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 3700 and 3701, Health and Safety Code.
s 30854. Sanitizing Solutions for Hand Dishwashing.
(a) Multiuse utensils and ice buckets shall be sanitized by immersion in one of the following bactericidal solutions for a minimum of 30 seconds in the last sink compartment.
(1) 100 parts per million (ppm) of available chlorine from either hypochlorite or organic chlorine approved by the Department.
(2) 200 ppm of a quaternary ammonium compound approved by the Department.
(3) 25 ppm of available iodine.
(4) 25 ppm of iodophor.
(5) 25 ppm of bromine-chlorine compounds.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 3700 and 3701, Health and Safety Code.
s 30855. Machine Washing and Sanitizing.
(a) All dishwashing machines shall be designed, installed, and operated to thoroughly clean and provide an effective bactericidal rinse.
(b) Commercial type of dishwashing machines when used in food establishments regulated by the California Restaurant Act, shall meet all the requirements of that chapter (Chapter 11, Division 22, of the Health and Safety Code, commencing with Section 28520). These include, but are not limited to, the following:
(1) Hot water sanitizing dishwashing machines.
(2) Chemical sanitizing dishwashing machines approved by the Department.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 3700 and 3701, Health and Safety Code.
s 30856. Sanitizing Requirements for Dishwashing Machines.
(a) The hot water sanitizing commercial dishwashing machine shall be connected to a hot water system that is installed and maintained to continuously provide water at least 82.2 degrees Celsius (180 degrees F) at the final rinse manifold of the machine during the required bactericidal rinse cycle.
(b) The domestic type hot water sanitizing dishwashing machine shall produce a minimum water temperature of 74 degrees Celsius (165 degrees F) during the wash and rinse cycles.
(c) The commercial chemical sanitizing dishwashing machine shall produce a final rinse of one of the following:
(1) A sanitizing solution of at least 50 ppm hypochlorite.
(2) A sanitizing solution of at least 12.5 ppm iodophor.
(3) Any other bactericidal solution approved by the Department.
(d) Any other method approved by the Department.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 3700 and 3701, Health and Safety Code.
s 30857. Maintenance and Construction Requirements.
(a) All drinking utensils, ice buckets, shelves, sinks, dishwashing machines, and other related equipment shall be:
(1) Constructed of non-toxic materials,
(2) Constructed, installed, and maintained as to be readily cleanable, and
(3) Kept clean and in good repair.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 3700 and 3701, Health and Safety Code.
s 30858. Inspection Authority.
(a) The Director, agents, or Registered Sanitarians appointed by the Director, and local health officers, Registered Sanitarians, and duly authorized agents thereof may at reasonable times enter and inspect any hotels, motels, or other public places governed by these regulations.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 3700 and 3701, Health and Safety Code.
s 33001. Applicant.
"Applicant" means a business entity either applying for an exemption pursuant to section 105310(d) of the Health and Safety Code and Section 33040 of this chapter, or applying for a reassessment of the fees pursuant to section 33050 of this chapter. "Applicant" includes any other business entity who was historically associated with the business entity making the application.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.
s 33002. Architectural Coating.
"Architectural coating" means any product which is used as, or usable as, a coating applied to the interior or exterior surfaces of stationary structures and their appurtenances, to portable buildings, to pavements, or to curbs, such as house and trim paints, varnishes, stains, lacquers, industrial maintenance coatings, primers, undercoaters, and traffic coatings.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.
s 33003. Architectural Coating Distribution.
"Architectural coating distribution" means any of the following:
(a) The manufacturing, producing, blending, or compounding of architectural coating in this state, and the sale, donation, barter, or use of the architectural coating in this state.
(b) The importing of architectural coating into this state with respect to which there has been no prior distribution subject to the fee, and the sale, donation, barter, or use of architectural coating in this state.
(c) The receiving in this state by a distributor of architectural coating with respect to which there has been no prior distribution subject to the fee, or the receipt in this state by any business entity of architectural coating with respect to which there has not been a prior distribution on which a fee has been paid pursuant to this section, and the sale, donation, barter, or use of the architectural coating in this state.
(d) The sale of architectural coatings by any business entity required to be registered pursuant to Revenue and Taxation Code Section 6001 et seq., when it is shipped into this state by the seller or delivered by the seller to a carrier, customs broker, or forwarding agent, whether hired by the order of the purchaser or not, for shipment into this state for subsequent sale, donation, barter, or use in this state.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.
s 33004. Architectural Coating Distributor.
"Architectural coating distributor" means each business entity that distributes or has distributed architectural coatings, excluding each business entity that the Department has:
(a) Currently granted an exemption pursuant to section 33040;
(b) Determined to be insolvent; or
(c) Determined did not distribute architectural coatings in or about 1978, and is not historically associated with an architectural coating distributor which distributed architectural coatings in or about 1978.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.
s 33005. Appurtenance.
"Appurtenance" means accessories to an architectural structure, such as hand railings, cabinets, bathroom and kitchen fixtures, fences, decking, furniture, rain-gutters and down spouts, window screens, lamp-posts, heating and air conditioning equipment, other mechanical equipment, large fixed stationary tools and concrete forms.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.
s 33006. Business Entity.
"Business entity" means any natural person, or form of business organization, including, but not limited to, a corporation, trust, firm, joint stock company, business concern, partnership, limited liability company, or association.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.
s 33007. Department.
"Department" means the State Department of Health Services.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105280(c), 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105280(c), 105310 and 124165, Health and Safety Code.
s 33008. Environmental Lead Contamination.
"Environmental lead contamination" means the persistent presence of lead in the environment, in quantifiable amounts, that results in ongoing and chronic exposure to children.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105280(g), 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105280(g), 105310 and 124165, Health and Safety Code.
s 33009. Fee.
"Fee" means a fee imposed under Health and Safety Code section 105310 and implementing regulations.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.
s 33010. Historically Associated.
"Historically Associated" means that the business entity has a significant relationship to another business entity, such as a business entity which:
(a) Is the alter ego, successor, successor-in-interest, or predecessor, in full or part, of another business entity;
(b) Purchased controlling or significant interest in another business entity;
(c) Exists by way of incorporation of a privately held business entity;
(d) Exists by way of a merger, consolidation, or reorganization of another business entity;
(e) Acquired the products of another business entity, unless the business entity from which the products were acquired is assessed a fee for the same products;
(f) Acquired the goodwill of another business entity, unless the business entity from which the goodwill was acquired is assessed a fee for the same products.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.
s 33011. Industry.
"Industry" means motor vehicle fuel distributors, architectural coating distributors, or facilities releasing lead into ambient air in California.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.
s 33012. Motor Vehicle Fuel.
"Motor vehicle fuel" means gasoline, natural gasoline, blends of gasoline and alcohol containing more than 15 percent gasoline, and any inflammable liquid, by whatever name the liquid may be known or sold, which is used or is usable for propelling motor vehicles operated or suitable for operation on the highway. "Motor vehicle fuel" does not include kerosene, liquefied petroleum gas, natural gas in liquid or gaseous form, ethanol, methanol, or inflammable liquids specifically manufactured for racing motor vehicles which do not contain gasoline or natural gasoline and which are distributed and used for racing motor vehicles at a racetrack.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.
s 33013. Motor Vehicle Fuel Distribution.
"Motor vehicle fuel distribution" means any of the following:
(a) The refining, manufacturing, producing, blending, or compounding of motor vehicle fuel in this state, and the sale, donation, barter, or use of motor vehicle fuel in this state.
(b) The importing of motor vehicle fuel into this state with respect to which there has been no prior distribution subject to the fee, and the sale, donation, barter, or use of motor vehicle fuel in this state.
(c) The receiving in this state by a motor vehicle fuel distributor of motor vehicle fuel with respect to which there has been no prior distribution subject to the fee, or the receipt in this state by any business entity of motor vehicle fuel with respect to which there has not been a prior distribution on which a fee has been paid pursuant to this section, and the sale, donation, barter, or use of the motor vehicle fuel in this state.
(d) The sale of motor vehicle fuel by any business entity required to be registered pursuant to Revenue and Taxation Code Section 6001 et seq., when it is shipped into this state by the seller or delivered by the seller to a carrier, customs broker, or forwarding agent, whether hired by the order of the purchaser or not, for shipment into this state for subsequent sale, donation, barter, or use in this state.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.
s 33014. Motor Vehicle Fuel Distributor.
"Motor vehicle fuel distributor" means each business entity that distributes or has distributed motor vehicle fuel excluding each business entity that the Department has:
(a) Currently granted an exemption pursuant to section 33040;
(b) Determined to be insolvent; or
(c) Determined did not distribute motor vehicle fuel in or about 1991, and is not historically associated with a motor vehicle fuel distributor which distributed motor vehicle fuel in or about 1991.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.
s 33015. Ongoing and Chronic Exposure.
"Ongoing and chronic exposure" means exposure to lead that has been dispersed into the environment by industry which has not been abated in accordance with Title 17, California Code of Regulations, Division 1, Chapter 8, section 35001 et seq.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105250, 105310, 124160(b) and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105250, 105310, 124160(b) and 124165, Health and Safety Code.
s 33020. Fees Attributable to Leaded Architectural Coatings.
(a) Each architectural coating distributor shall pay a fee assessed and collected by the Board of Equalization pursuant to Health and Safety Code section 105310 and calculated as follows:
A ____ x D B
WHERE:
A = Total gallons of architectural coatings distributed in or about 1978 by each architectural coatings distributor, as estimated by the Department based upon the best available data compiled and held by the Department.
B = Total gallons of architectural coating distributed in or about 1978 by all architectural coating distributors, as estimated by the Department based upon the best available data compiled and held by the Department.
D = $2,260,000.00 + the annual adjustment pursuant to Health and Safety Code section 105310(c).
(b) The fee is due on or before April 1 of each year.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.
s 33025. Fees Attributable to Leaded Gasoline.
(a) Each motor vehicle fuel distributor shall pay a fee, assessed and collected annually by the Board of Equalization pursuant to Health and Safety Code section 105310 and calculated as follows:
A ____ x D B
WHERE:
A = Total gallons of motor vehicle fuel distributed in or about 1991 by each motor vehicle fuel distributor, as estimated by the Department based upon the best available data compiled and held by the Department.
B = Total gallons of motor vehicle fuel distributed in or about 1991 by all motor vehicle fuel distributors, as estimated by the Department based upon the best available data compiled and held by the Department.
D = $13,640,000.00 + the annual adjustment pursuant to Health and Safety Code section 105310(c).
(b) The fee is due on or before April 1 of each year.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.
s 33030. Fees Attributable to Facilities Releasing Lead into Ambient Air in California.
(a) Facilities currently reporting releases of lead into ambient air in California pursuant to the Superfund Amendments and Reauthorization Act, Title III, Section 313, shall pay a fee, assessed by the Board of Equalization pursuant to Health and Safety Code section 105310 and calculated as follows:
A ____ x C B
WHERE:
A = The total pounds of lead reported to be released by each facility into the California ambient air in the most recent calendar year for which data are available, as reported pursuant to the Superfund Amendments and Reauthorization Act, Title III, Section 313.
B = The total pounds of lead reported to be released by all facilities into California ambient air in the most recent calendar year for which data are available, as reported pursuant to the Superfunds Amendments and Reauthorization Act, Title III, Section 313.
C = $100,000 + the annual adjustment pursuant to Health and Safety Code section 105310(c).
(b) The fee is due on or before April 1 of each year.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105310 and 124165, Health and Safety Code.
s 33040. Exemption From Fees.
(a) An exemption from the fee imposed under Health and Safety Code section 105310 shall be granted to an applicant who can demonstrate, as determined by the Department, that all of the following are true:
(1) The industry with which the applicant is associated is not currently engaged in the stream of commerce of lead or products containing lead;
(2) The industry with which the applicant is associated was not historically engaged in the stream of commerce of lead or products containing lead;
(3) The industry with which the applicant is associated is not otherwise responsible for identifiable sources of lead which currently contribute to environmental lead contamination;
(4) The industry with which the applicant is associated is not otherwise responsible for identifiable sources of lead which have historically contributed to environmental lead contamination.
(b) An applicant who does not seek or who fails to demonstrate entitlement to an exemption under subsection (a) shall qualify for an exemption if the applicant can demonstrate, as determined by the Department, that either:
(1) The applicant's industry did not contribute in any manner to environmental lead contamination, or
(2) the applicant's lead, or products containing lead, with which the applicant is currently, or was historically, associated does not currently, or did not historically, result in environmental lead contamination.
(c) It shall be presumed that the applicant is subject to the fee until the applicant establishes the contrary to the satisfaction of the Department. The presumption may be rebutted by providing a complete application and any other documentation that the Department requires to establish the applicant's entitlement to the exemption. Contents of an application shall include, but are not limited to:
(1) A thorough statement, made under penalty of perjury, which demonstrates the applicant's entitlement to the exemption. The sworn statement shall also contain the declarant's basis of knowledge for making the statements contained therein. If the person making the statement is not reasonably available to the applicant, a certified copy of a transcript of sworn testimony may be submitted. If such prior sworn testimony is used, the applicant must also provide a declaration as to why the declarant is not available. More than one statement may be submitted when necessary to prove the elements of the exemption.
(2) Records providing the information specified below shall be submitted in duplicate with a sworn statement under penalty of perjury establishing the reliability and completeness of the records, including a description of their mode of preparation and maintenance:
(A) The formulation for all products manufactured and all products sold by the applicant, including the International Union of Pure and Applied Chemical (IUPAC) name and Chemical Abstract Service (CAS) number for all ingredients used;
(B) The total amount of lead manufactured, distributed, and sold each year in the applicant's products;
(C) Any actions taken by the applicant to abate the lead dispersed into the environment by the applicant's products in accordance with Title 17, California Code of Regulations, Division 1, Chapter 8, section 35001 et seq;
(D) Each business entity from whom the applicant purchased lead pigments, lead dryers, and any other lead-containing ingredients used to manufacture the applicant's products, including name, address, contact name, phone number, type of lead-containing ingredient, total amount of lead-containing ingredients purchased, and year purchased;
(E) Any records, or portion thereof, which the applicant wants to protect as a trade secret shall be submitted in a separate sealed envelope clearly marked on the outside as "Trade Secret Material." For purposes of this section, "trade secret" shall have the same meaning as in the Uniform Trade Secrets Act, Civil Code section 3426 et seq. The application shall contain a declaration under penalty of perjury describing why the applicant believes the material is a trade secret. After review, the Department will either grant the trade secret request and keep the material confidential, or deny the request, return all copies of the trade secret material to the applicant, and not consider the trade secret material in its determination. The Department's refusal to grant a requested claim of trade secret does not excuse the applicant from establishing all elements of the claim for exemption. Any material which the Department agrees to consider as a trade secret shall be exempt from disclosure under the Public Records Act, Government Code section 6250 et seq. Records for which the Department has denied protection as a trade secret shall also be exempt from disclosure under the Public Records Act during the time the records are in the possession of the Department.
(3) A cover letter containing the name and address of the applicant, the applicant's Board of Equalization account number, the name, address and telephone number of the person to contact about the application, a summary of the basis for the exemption, and a listing of all items included with the application.
(d) The application shall be delivered to the Department at the following address:
Fee Exemption Request Childhood Lead Poisoning Prevention Branch Department of Health Services 1515 Clay Street #1801 Oakland, CA 94612
(e) An exemption granted under this section is valid for a period specified by the Department of at least one calendar year.
(f) A business entity seeking to continue an exemption under this section shall re-apply to the Department at least 30 days prior to the end of the period specified by the Department pursuant to section 33040(e).
(1) If the facts underlying the business entity's previous application for exemption have not changed, then an application for continued exemption shall consist of a sworn declaration stating there has been no change and the declarant's basis of knowledge for making such statement.
(2) If there has been a change in the facts underlying the business entity's previous application for exemption, then a sworn declaration shall address in detail the nature of the changes. In addition, the application for continued exemption shall include records proving the applicant's entitlement for the exemption, as specified in section 33040(c)(2).
(g) The Department may, in its sole discretion, decide the application for exemption or continued exemption based upon the information submitted, or may request the submission of additional information prior to making a written decision. If the applicant does not provide the additional material requested by the Department, then the Department may decide the matter based upon the material already presented.
(h) The Department shall either grant or deny the exemption or continued exemption.
(1) If the application for exemption or continued exemption is denied, the applicant may, within 30 days after receipt of the Department's written decision, request reconsideration of the decision from the Department. The request for reconsideration shall be in writing, and shall detail the reasons why the applicant believes the original decision was in error.
(2) The Department may decide the matter based upon the record submitted in the application, or may request the submission of additional information. The Department's decision on the reconsideration shall be in writing, and shall either grant the exemption or continued exemption, or specify the reasons for its denial.
(i) An applicant who has paid the fee, and thereafter been granted an exemption by the Department, may apply for a refund to the Board of Equalization. The request for a refund must be in writing and mailed to:
State board of equalization Fuel Taxes Division, MIC:30 p.o. box 942879 Sacramento, ca 94279-0001
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105250, 105310, 124160(b) and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105250, 105310, 124160(b) and 124165, Health and Safety Code.
s 33050. Application to Reassess Fee.
(a) An applicant requesting a reassessment of the fee imposed under Health and Safety Code section 105310 shall submit an application to the Department which contains:
(1) A statement or statements, made under penalty of perjury, which demonstrates the applicant's entitlement to a reassessed fee, and which includes a statement that the applicant has paid in full any and all fees assessed by the Board of Equalization pursuant to this Chapter. The sworn statement(s) shall also contain the basis of knowledge for making the statements contained therein.
(2) Records identifying the total gallons of motor vehicle fuel distributed by the applicant in or about 1991 or the total gallons of architectural coatings distributed by the applicant in or about 1978. Records, such as sales data, annual reports, or other information, shall be submitted in duplicate with a sworn statement under penalty of perjury establishing the reliability and completeness of the records, including a description of their mode of preparation and maintenance. Any records, or portion thereof, which the applicant wants to protect as a trade secret shall be submitted in a separate sealed envelope clearly marked on the outside as "Trade Secret Material." For purposes of this section, "trade secret" shall have the same meaning as in the Uniform Trade Secrets Act, Civil Code section 3426 et seq. The application shall contain a declaration under penalty of perjury describing why the applicant believes the material is a trade secret.
(3) A cover letter containing the name and address of the applicant, the applicant's Board of Equalization account number, the name, address and telephone number of the person to contact about the application, a summary of the basis for the exemption, and a listing of all items included with the application.
(b) If the application is denied, the applicant may, within 30 days after receipt of the Department's written decision, request reconsideration of the decision from the Department. The request for reconsideration shall be in writing, and shall detail the reasons why the applicant believes the original decision was in error.
(c) Any claim for refund shall be submitted to the Board of Equalization by the applicant within the statutory time frames established by Revenue and Taxation Code Section 43451 et seq.
Note: Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105250, 105310, 124160(b) and 124165, Health and Safety Code.Authority cited: Section 105310, Health and Safety Code. Reference: Sections 105250, 105310, 124160(b) and 124165, Health and Safety Code.
Note: Authority cited: Sections 208 and 13111.3, Health and Safety Code.
s 35001. Abatement.
"Abatement" means any set of measures designed to reduce or eliminate lead hazards or lead-based paint for public and residential buildings, but does not include containment or cleaning.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35002. Accreditation.
"Accreditation" means the Department has reviewed and finds acceptable a training provider's written application for accreditation, and has conducted and finds acceptable, an on-site audit as specified in subsection 35078(e).
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35003. Accredited Training Provider.
"Accredited training provider" means any individual, corporation, partnership or other unincorporated association or public entity to which the Department has granted accreditation or provisional accreditation to offer lead-related construction courses and continuing education instruction.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35004. Certified Industrial Hygienist.
Note: Authority cited: Sections 208, 309.76 and 429.16, Health and Safety Code. Reference: Sections 208, 309.76 and 429.16, Health and Safety Code.
s 35005. Certified Lead Inspector/Assessor.
"Certified lead inspector/assessor" means an individual who has received a certificate or an interim certificate from the Department as a "certified lead inspector/assessor".
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35006. Certified Lead Project Designer.
"Certified lead project designer" means an individual who has received a certificate or an interim certificate from the Department as a "certified lead project designer".
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35007. Certified Lead Project Monitor.
"Certified lead project monitor" means an individual who has received a certificate or an interim certificate from the Department as a "certified lead project monitor".
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35008. Certified Lead Supervisor.
"Certified lead supervisor" means an individual who has received a certificate or an interim certificate from the Department as a "certified lead supervisor".
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35009. Certified Lead Worker.
"Certified lead worker" means an individual who has received a certificate from the Department as a "certified lead worker".
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35010. Certificate.
"Certificate" means the document issued by the Department to an individual who meets the requirements for certification as described in sections 35083, 35085, 35087, 35089, or 35091.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35011. Guest Instructor.
Note: Authority cited: Sections 208, 309.76 and 429.16, Health and Safety Code. Reference: Sections 208, 309.76 and 429.16, Health and Safety Code.
s 35012. Certified Industrial Hygienist.
"Certified industrial hygienist" (CIH) means a person who has met the education, experience, and examination requirements of an industrial hygiene certification organization governed by the American Board of Industrial Hygiene.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35013. Clearance Inspection.
"Clearance inspection" means an on-site limited investigation, as described in Chapter 15: Clearance, sections II-VI, "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, June 1995.
Note: Authority cited: Sections 105250(a) and (b) and 124160(b), Health and Safety Code. Reference: Sections 105250(a) and (b) and 124160(b), Health and Safety Code.
s 35014. Component.
"Component" means a structural element or fixture, such as a wall, floor, ceiling, door, window, molding, trim, trestle, tank, stair, railing, cabinet, gutter, or downspout.
Note: Authority cited: Sections 105250(a) and (b) and 124160(b), Health and Safety Code. Reference: Sections 105250(a) and (b) and 124160(b), Health and Safety Code.
s 35015. Contact Hour.
"Contact hour" means 60 minutes of lead-related construction training which may include a break of not more than ten minutes.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35016. Containment.
"Containment" means a system, process, or barrier used to contain lead hazards inside a work area such as described in "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, June 1995, Chapter 8, "Containment and Barrier Systems," Table 8.1, Table 8.2, and Table 8.3, or "Guide for Containing Debris Generated During Paint Removal Operations," Steel Structures Painting Council, SSPC Publication No. 96-12, 1996.
Note: Authority cited: Sections 105250(a) and (b), 124160(b) and 124165, Health and Safety Code. Reference: Sections 105250(a) and (b), 124160(b) and 124165, Health and Safety Code.
s 35017. Job Tasks.
Note: Authority cited: Sections 208, 309.76 and 429.16, Health and Safety Code. Reference: Sections 208, 309.76 and 429.16, Health and Safety Code.
s 35018. Continuing Education.
"Continuing education" means lead-related construction instruction, other than a course as described in section 35023, that satisfies the requirements specified in section 35070 or 35072. (continued)