HomeMy WebLinkAboutMINUTES - 02042014 - SD.6RECOMMENDATION(S):
1. Open a public hearing on the proposed amendment to the schedule of fees for the Environmental Health Division
of Contra Costa County Health Services, effective February 4, 2014.
2. Receive testimony and close public hearing.
3. ADOPT Resolution No. 2014/26 on the proposed fees for the Environmental Health Division of Contra Costa
County Health Services, effective February 4, 2014.
FISCAL IMPACT:
Approval of this Resolution will increase revenues by approximately $900,000 to $1.2 million to fund Environmental
Health program costs..
BACKGROUND:
The Environmental Health Division is financed via its fees. The Division has conducted a retrospective review of
three years of time accounting data to develop fees for 2014 that are aligned with the inspection activity and risk
function by type of business. By utilizing the updated time and risk factors by business type,
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 02/04/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Marilyn Underwood,
692-2521
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: February 4, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
SD.6
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:February 4, 2014
Contra
Costa
County
Subject:Hearing on Fee Increases in the Health Services Department, Environmental Health Division
BACKGROUND: (CONT'D)
certain fees have increased and certain fees have been lowered.
The fees charged to businesses/entities are structured to recover the full cost of services. To ensure that the cost of
the program is borne by all users of the system, the Division will begin charging facilities that by practice, were
not charged in the past, (i.e. schools, detention facilities, and municipal recreational facilities). Within the food
program, the Environmental Health Division is adopting the U.S. Food and Drug Administration’s Risk-Based
Food Inspections. This will affect the frequency of inspections for Retail Food Facilities, with low risk facilities
being inspected once a year, medium risk facilities, twice a year, and higher risk facilities, three times a year.
The proposed changes do not impact all programs within the Environmental Health Program. Additional fee
changes, will be brought before the Board of Supervisors at a later date.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve the fee increases will result in the Environmental Health programs being underfunded by
$900,000 to $1.2 million.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
CLOSED the hearing; ADOPTED Resolution No. 2014/26 on the proposed fees for the Environmental Health
Division of Contra Costa County Health Services, effective February 4, 2014; and DIRECTED the Department
to conduct some measure of public outreach, such as a media release through the County Public Information
Officer.
ATTACHMENTS
Resolution No. 2014/26
Resolution No. 2014/26
Staff Report
1
Staff Report on the Determination and Apportionment of
Certain Environmental Health Division Fees
Contra Costa County
Environmental Health Division
Marilyn C Underwood, PhD, REHS, Director
2
TABLE OF CONTENTS
Environmental Health Mandates and Fee Development .............................................................................. 7
A. The Food Program........................................................................................................................... 7
i. Food Facility Inspection ......................................................................................................... 7
ii. Food Facility Plan Check and Construction ........................................................................... 8
iii. Water Vending Machines, Retail Water Facilities, and Water Haulers ................................. 8
iv. Cottage Food Operations ...................................................................................................... 8
B. The Recreational Health Program ................................................................................................... 9
v. Lakes and beaches ................................................................................................................. 9
vi. Public Swimming Pools/Spas ...............................................................................................10
vii. Public Pool Plan Check and Construction ............................................................................11
C. Housing and Institutions Program ................................................................................................ 12
viii. Jails/Detention Facilities ......................................................................................................12
D. Programs Related to Medical Procedures .................................................................................... 12
ix. Body Art ...............................................................................................................................12
x. Medical Waste .....................................................................................................................13
E. The Land Use Program .................................................................................................................. 14
xi. Small Water System Program ..............................................................................................14
xii. Liquid Waste .......................................................................................................................16
Methodology Used to Develop EH Fees ...................................................................................................... 17
A. Field Inspector Time Analysis ........................................................................................................ 17
xiii. Food, Recreational Health, and Housing Programs .............................................................18
xiv. Recreational Health .............................................................................................................22
xv. Housing ................................................................................................................................23
xvi. Medical Related Programs ..................................................................................................23
xvii. Small Water Systems ...........................................................................................................24
B. Expense Projection Process and Development of Hourly Rate .................................................... 25
Appendix A
i. Environmental Health Staff Report – Fees
II. Environmental Health Staff Report – Hourly Rate
III. Environmental Health Staff Report – Revenue vs Expense
iv. Environmental Health Staff Report – Permit Billing
Appendix B
i. Environmental Health Staff Report – Fee Schedule
3
In this document, the Environmental Health Division’s fee structure for year 2014 is described. The first
part of this document is an overview of the state and County statutes which are the basis of
Environmental Health’s authority to conduct the activities for the fees. The second part is a summary of
an analysis of the time accounting data of the inspectors and field staff, which is the basis of the fee
structure. The third part merges the costs of the program as determined with the time accounting
information and the overhead and distributed costs, with the required expenditures of the department,
to obtain the proposed fees.
INTRODUCTION
The Contra Costa Environmental Health Division (EH) of the Health Services Department comprises a
wide variety of programs to protect and promote the health of the people of Contra Costa County,
through programs for safe food, safe water for drinking and recreation, and the sanitary management of
wastes, and development of land in a manner protective of the environment. Legal authority for
environmental health programs is obtained from the California Health and Safety Code, Government
Code, Public Resource Code, Water Code and California Code of Regulations Titles 15, 17, 22, and 24,
and local ordinances and regulations.
EH is considered a Comprehensive Environmental Agency. A “Comprehensive Environmental Agency”
means an agency responsible to the Board of Supervisors which has been assigned the total function of
providing environmental health and sanitation services and programs and other related environmental
management functions which the board of supervisors may choose to delegate to the agency.1
Further, “Environmental Health and Sanitation Services and Programs” means those agency provided
services and programs which are required by the Director of the State Department of Health to meet
local environmental health and sanitation needs. The term shall include additional environmentally
related services and programs for which responsibility has been delegated to the agency by the County
Board of Supervisors or Health District Board.2
The California Health and Safety Code, Section 452 states:
“The County Health Officer shall enforce and observe in the unincorporated territory of his county, all of
the following:
Orders and ordinances of the Board of Supervisors, pertaining to the public health and sanitary
matters.
Orders, quarantine and other regulations, and rules prescribed by the State Department of
Health Services.
Statutes relating to Public Health.”3
Authority for the County Health Officer to provide health services within the incorporated areas of the
County is found in Section 476 of the California Health and Safety Code.
1 California Code of Regulations (“Cal. Code Regs.”), Title (“tit.”) 17, § 1351.
2 Id.
3 California Health & Safety Code (“Health & Saf. Code”), § 101030
4
''When the governing body of a city in the county consents by resolution or ordinance, the County
Health Officer shall enforce and observe in the city all of the following:
Orders, quarantine regulations, and rules prescribed by the state department and other rules
and regulations issued under the provisions of this code.
Statutes relating to the public health.”4
Eighteen cities and towns in Contra Costa County have affirmed by resolution to have the County health
officer enforce these actions in their city.
Explicit specificity for the services to be offered by environmental health is stated in the regulations:
"Basic Services. The health department shall offer at least the following basic services to the health
jurisdiction which it serves ... (e) Environmental health and sanitation services and programs in
accordance with an annual plan and program outline as required in Title 17, Section 1328 and approved
by the State Department of Health Services and the applicable services and program standards as
specified in the State Department of Health "Services in a Local Environmental Health and Sanitation
Program': September 1976. The required services and programs shall be as follows:
• Food.
• Housing and Institutions.
• Radiological health in local jurisdictions contracting with the State Department of Health to
enforce the Radiation Control Law pursuant to Section 25600‐25654 and Sections 25800‐25876,
Health and Safety Code.
• Milk and dairy products in local jurisdictions maintaining an approved milk inspection service
pursuant to Section 32503, Food and Agriculture Code.
• Water oriented recreation.
• Safety.
• Vector Control.
• Waste Management.
• Water Supply.
• Air Sanitation.
• Additional environmentally related services and programs as required by the County Board of
Supervisors, City Council, or Health District Board.
• and may include land development and use.5
Some of these elements are broad categories that encompass several different programs. For instance,
the land development and use element that includes responsibility in land development regulation,
small water system supply, well protection, and sewage disposal in areas not served by sewage systems.
4 Health & Saf. Code, § 101375
5 Cal. Code Regs., tit. 17, § 1276., subd. (e).
5
Food includes fixed food facilities like restaurants and grocery stores, mobile food trucks and carts,
vending machines, and farmers markets, which have different code requirements.
Some of these elements are not carried out by the Environmental Health Division. For instance, there
are no commercial dairies in the County thus is no milk and dairy program. As allowed by state law, all
nineteen cities have opted to oversee the housing code in their jurisdictions. In the un‐incorporated area
of the County, most housing oversight is carried out by the Department of Conservation and
Development (DCD).6 Per state law, a separate vector control district was established by the County to
carryout vector control.7 Air sanitation is controlled by the Bay Area Air Quality Management District.
Contra Costa has chosen to let the state health department retain responsibility for radiation programs
cited above.
In addition to carrying out elements assigned to the health officer, EH has been designated the Local
Enforcement Agency (LEA) by the California Department of Resource Recycling Recovery (CalRecycle) for
oversight of solid waste in the County.8 EH staff working in the LEA program also work on related
programs including waste tires, stormwater at restaurants and horse boarding in the unincorporated
area, and body art. The waste tire program is CalRecycle‐funded, and the stormwater program is funded
via a memorandum of understanding with the Contra Costa County Public Works Department.
EH has also chosen to have authority for medical waste oversight as administered by the California
Department of Public Health (CDPH). Medical waste fees are addressed in this document. EH is in the
process of developing an Organized Camp program to meet the responsibilities assigned to the health
officer.
Starting July 2012, the health officer was charged with protecting the health of those individuals who
choose to receive a tattoo, piercing, branding, or other permanent cosmetic. Starting in January 2013,
the health officer was charged with registering and permitting cottage food operations. When the
program was implemented, the hourly rate of the inspector and time spent was used to determine the
appropriate charges for those two programs. The development of fees for these activities are described
in this document.
Originally, environmental health programs have their infancy in public health and the health officer had
the responsibility for carrying out the broader public health mandate which included environmental
health. The individual state code for EH programs often use the term “health officer and or their
designee” or “health officer or other officers,” etc. Later, the State law was amended to more explicitly
set out the requirements for a full‐time environmental health director with certain qualifications,
adequate staff of Registered Sanitarians (now termed Registered Environmental Health Specialists) and
other support personnel necessary to implement agency services and programs, sufficient, properly
6 Health & Saf. Code, § 113700.
7 Health & Saf. Code, § 101285.
8 Correspondence from Myron H. “Skip” Amerine, REHS, Permitting, California Integrated Waste
Management Board to Charles Nicholson, Contra Costa County. Dated July 27, 1992. Subject: Issuance of
Certification(s) to and Approval of the Designation for the Contra Costa County Health Services
Department, Division of Environmental Health as the Local Enforcement Agency for the Jurisdiction of
Contra Costa County.
6
supervised clerical staff to meet agency needs, and publicly accessible office facilities which shall be in
operation full time during the normal county government work week. 10
Per the health and safety code, fees for environmental health services are allowed:
“Whenever the governing body of any city or county determines that the expenses of the local health
officer or other officers or employees in the enforcement of any statute, order, quarantine, or
regulation prescribed by a state officer or department relating to public health, requires or authorizes its
health officer or other officers or employees to perform specified acts that are not met by fees
prescribed by the state, the governing body may adopt an ordinance or resolution prescribing fees to
pay the reasonable expenses of the health officer or other officers or employees incurred in the
enforcement, and may authorize a direct assessment against the real property in cases where the real
property is owned by the operator of a business and the property is the subject of the enforcement. The
schedule of fees prescribed by ordinance shall be applicable in the area in which the local health officer
or other officers or employees enforce any statute, order, quarantine, or regulation prescribed by a
state officer or department relating to public health.”11
In addition, some of the specific codes and regulations that pertain to specific programs also address the
issue of fees.
The Contra Costa County Ordinance specifies that environmental health fees shall “pay the health
officer’s reasonable expenses incurred” in the enforcement of the division’s programs.12
EH staff carryout the following activities across all programs:
• Review plans for required submittals prior to construction.
• Inspect facility or project as required to ensure it follows the submitted plans and/or operations
meet state law/regulation and/or county ordinance.
• Pursue corrective and enforcement action when out of compliance activities are observed or
confirmed.
• Develop departmental policies and guidelines and update existing policy memorandums as
necessary.
• Analyze proposed legislation and regulations as part of coordinated local jurisdiction effort.
• Investigate all complaints, identify appropriate action or refer to appropriate agency, follow‐up
with complainant describing steps taken.
• Respond to inquiries from clients, Board of Supervisors and their staff, other agencies and
stakeholders in a timely manner, usually within one day.
• Conduct outreach and education activities to decrease need for enforcement and promote
environmental health responsibilities.
10 Cal. Code Regs., tit. 17, § 1355‐1357.
11 Health & Saf. Code, § 101325.
12 CCC Ord. Code, § 413‐3.204.
7
• Prepare for and respond to emergency incidents and provide for public and environmental
protection and public safety.
In the following sections, activities that are unique to a particular program, and a more descriptive
explanation of the basic activities, including any specific requirements for carrying out activities (ie., one
inspection annually) are described. For each program, the authority to carry‐out the program, and the
issue of fees, if named in the particular legislation, is also described.
ENVIRONMENTAL HEALTH MANDATES AND F EE DEVELOPMENT
A. THE FOOD PROGRAM
The Food Program consists of four elements:
i. Food Facility Inspection
ii. Food Facility Plan Check and Construction
iii. Water Vending Machines, Retail Water Facilities, and Water Haulers
iv. Cottage Food Operations
i. FOOD FACILITY INSPECTION
With certain limited exceptions, all food facility operations in Contra Costa County are required to
obtain a permit to operate from EH and pay fees for inspection and other related costs associated with
the permit and alternative means of compliance.13 Per County ordinance, “An environmental health
permit is required for… food establishments, vending machine businesses, taverns, cocktail lounges,
bars, snack bars, commissaries, cart commissaries, food catering, special events food booths, school
cafeterias, itinerant food facilities, retail food markets, roadside food stands, food salvagers, retail food
vehicles, mobile food preparation units, bakeries, incidental retail food markets, certified farmers'
markets...”14 EH permitted over 4200 facilities in 2012.
In state law there are 13 named exceptions to food facilities including the following: an intermediate
care facility for the developmentally disabled with a capacity of six beds or fewer, several institutions
under the Department of Social Services oversight, and cottage food operations.15
In addition to the general EH activities undertaken by the retail food program, EH has the authority to:
• Impound food, equipment, or utensils that are found to be, or suspected of being, unsanitary or
in such disrepair that food, equipment, or utensils may become contaminated or adulterated,
and inspect, impound, or inspect and impound any utensil that is suspected of releasing lead or
cadmium in violation of Section 108860.16
13 Health & Saf. Code, § 114381.
14 Contra Costa County ("CCC") § 413‐3.604.
15 Health & Saf. Code, § 113789, subd. (c).
16 Health & Saf. Code, § 114393.
8
• Investigate and take corrective action on citizen's reports of foodborne illness outbreaks,
unsanitary conditions in food facilities.17 Foodborne illness outbreaks are conducted in concert
with Public Health Nursing, communicable disease staff, and public health laboratorians.
• Assist federal and state agencies and industry where food recalls, adulteration, improper
labeling, misleading advertising, and/or unwholesome food products are discovered.18
ii. FOOD FACILITY PLAN CHECK AND CONSTRUCTION
Under state law, food facilities that are built or remodeled are not to be placed into operation without
first receiving a permit to operate, which is issued by Environmental Health upon the satisfactory
completion of construction.19 State law also establishes the legal mandate for construction
requirements, plan submittal, and plan review for any facility which sells food at the retail level. The law
requires the local health agency to review the plans of new and remodeled food facilities within twenty
(20) working days of submission.20 In Contra Costa, we strive to have plans reviewed in 15 working days.
In addition to the general activities described, the Plan Check unit evaluates cooking equipment that has
been submitted for evaluation related to the need for and type of mechanical ventilation21 and evaluate
the acceptability of new types of food equipment for use in restricted food facilities.22
iii. WATER VENDING MACHINES, RETAIL WATER FACILITIES, AND WATER HAULERS
Under state law, Environmental Health could choose to become authorized to regulate bottled, vended,
hauled and processed water to make sure it is potable for human use.23 Environmental Health has not
asked the state health department for such authorization. Under County ordinance, the health officer or
subordinates are to enforce the transporting of water for domestic use.24 The ordinance establishes
standards for equipment and treatment and record keeping, and calls for inspecting and permitting of a
number of types of vehicles to transport water. Given newer state laws governing bottled water, this
ordinance is not enforced by EH.
iv. COTTAGE FOOD OPERATIONS
State law regarding cottage food operations became effective January 1, 2013. Cottage food operations
are enterprises that involve the preparation or packaging of specified foods in private residences and
have gross annual sales that do not exceed statutory maximums. A Class A cottage food operation may
engage only in direct sales to consumers, while Class B operations may engage in either direct sales to
17 Health & Saf. Code, § 120175.
18 Health & Saf. Code § 110806, subd. (c) (1).
19 Health & Saf. Code, § 114380.
20 Id. (e).
21 Health & Saf. Code, § 114149.1, subd. (c).
22 Health & Saf. Code, § 114130, subd. (c).
23 Health & Saf. Code, § 111105.
24 CCC Ord. Code, § 414‐6.
9
consumers or indirect sales through third party retailers.25. All cottage food facilities must comply with
requirements pertaining to sanitation and food labeling and workers must receive regular food
processing training.26
A Class A cottage food operation must be registered with the local enforcement agency, but is not
subject to initial or routine inspections.27 Inspections may be made only if a consumer complaint has
been made.28 If an inspection is made and a Class A cottage food operation is found to be in violation,
the local enforcement agency has authority to seek recovery from the operation of an amount that does
not exceed the agency’s reasonable inspection costs.29
A Class B cottage food operation must obtain a permit from the local enforcement agency and is subject
to an initial inspection.30
EH is proposing fees for the permitting and inspections of Class B cottage food operations and for
registration of Class A cottage facilities. Proposed fees are based on the cost of carrying out the
program as of October 1, 2013.
B. THE RECREATIONAL HEALTH PROGRAM
The Recreational Health Program consists of Three Elements:
i. LAKES AND BEACHES
ii. PUBLIC SWIMMING POOLS/SPAS
iii. PUBLIC POOL PLAN CHECK AND CONSTRUCTION
v. LAKES AND BEACHES
The purpose of this program is to assure that all public recreational waters are free of potentially
hazardous bacterial and chemical contamination and safety hazards which may adversely affect their
beneficial use such as swimming or fishing. If contamination of the water or fish does occur, EH takes
steps to reduce or eliminate human exposure. Contra Costa efforts are focused on those state
designated public beaches for recreational use and assisting with public outreach efforts aimed at
fisherman in the bay.
Contra Costa County has significant shoreline; however as defined by California Health and Safety Code
it has only one public shoreline beach which needs to be monitored, Keller Beach along the Miller‐Knox
Shoreline in Richmond. There is also one public, fresh‐water public beach which needs to be monitored,
Lake Anza, located in Tilden Park. Both of these properties are located within the East Bay Regional Park
District. Per state law these are “public beaches” requiring monitoring because more than 50,000 people
25 Health & Saf. Code, § 113758.
26 Health & Saf. Code, § 114365.2.
27 Health & Saf. Code, § 114365, subdivs. (a)(1)(A), (a)(1)(C)(i).
28 Health & Saf. Code, § 114365, subdivs. (a)(1)(C)(iii).
29 Health & Saf. Code, § 114365, subdivs. (a)(1)(C)(iv).
30 Health & Saf. Code, § 114365, subdivs. (a)(2)(B)(i)‐(ii).
10
visit them annually, and the beaches are located in an area adjacent to a storm drain that flows in the
summer.32
The health officer is charged with carrying out activities to protect state defined public beaches.33 To do
so, EH conducts the general EH activities, and EH staff reviews the required bacteriological sampling
results conducted at Keller Beach and Lake Anza.34 East Bay Regional Parks conducts weekly sampling at
three locations at the 2 public beaches, Keller Beach and Lake Anza, from April to October.
EH staff work with DCD’s Land Use Program and/or the EH On‐Duty Officer or Contra Costa County’s
Hazardous Materials Program staff to respond on a 24‐hour basis to all emergency contamination
incidents affecting public beaches in order to protect the public and wildlife from exposure to sewage or
toxic chemicals.35,36,37 The health officer has the authority to close the beach and waters if untreated
sewage has reached recreational waters.38
EH reviews renovations or alterations to sanitation facilities at the two public swim beaches.39
The responsible agencies provide for sanitation at any public water‐contact sports area, where
sanitation is defined as “the maintenance of a safe and healthful environmental by means of removal of
refuse; provision of sanitary toilet and handwashing facilities; disposal of sewage and liquid wastes;
protection of bathing water quality; provision of pure, wholesome and potable drinking water; and
control of harmful insects, rodents and animals.”40
Per state law, local agencies may recover the costs associated with performance of these duties.41
vi. PUBLIC SWIMMING POOLS/SPAS
The California Legislature has found the public health interest requires that there be uniform statewide
health and safety standards for public swimming pools to prevent physical entrapment and serious
injury to children and adults.42 Consistent with the Legislature’s intent, persons operating or maintaining
a public swimming pool must do so in a sanitary, healthful and safe manner.43
32 Health & Saf. Code, § 115880, subdiv. (c) (3).
33 Health & Saf. Code, § 115885.
34 Health & Saf. Code, § 115881, subd. (d).
35 Id., 27., subd. (a) (6) & (7).
36 Health & Saf. Code, § 115915.
37 Id., 27., subd. (a)(1).
38 Id., 27., subd. (b).
39 Cal. Code Regs., tit. 17, § 7980.
40 Cal. Code Regs., tit. 17, § 7975.
41 Health & Saf. Code, § 115885 subd. (c) & § 115915 subd. (c).
42Health & Saf. Code, § 116064.1.
43 Health & Saf. Code, § 116040.
11
Public swimming pools are defined by state law as “an outdoor or indoor structure, whether in‐ground
or above‐ground, intended for swimming or recreational bathing, including a swimming pool, hot tub,
spa, or nonportable wading pool”44 in apartment houses, schools, clubs and private associations, and
public parks. A pool that is only accessible to a single residence is not considered a public pool. EH
permits approximately 2,200 public swimming pools.
Pools, “including swimming pool structure, appurtenances, operation, source of water supply, amount
and quality of water recirculated and in the pool, method of water purification, lifesaving apparatus,
measures to insure safety of bathers, and measures to insure personal cleanliness of bathers shall be
such that the public swimming pool is at all times sanitary, healthful and safe.”45 “Any health officer, or
any inspector of the department, may at all reasonable times enter all parts of the premises of a public
swimming pool to make examination and investigation to determine the sanitary condition and whether
this article, building standards published in the State Building Standards Code relating to swimming
pools, or the other regulations adopted by the department pursuant to this article are being violated.”46
The health officer may abate or order action to be taken if a public pool is a public nuisance, dangerous
to health. 47Per County ordinance, “an environmental health permit is required for… public swimming
pools and/or spas.”48
While state code requires pools must be operated in a safe manner, there is no explicit role in
permitting pools or in charging fees for such an activity.
vii. PUBLIC POOL PLAN CHECK AND CONSTRUCTION
Under state law, new public pools are not to be placed into operation without first receiving a permit to
operate, which is issued by Environmental Health upon the satisfactory completion of construction. The
pool plan check program is to assure safe and healthful conditions at public pool and spa facilities.
California Code of Regulations Titles 22 & 24 establish the legal mandates for proper design and
construction of pool facilities.49 The code specifically calls for the plans to be submitted and approved by
the enforcing agency prior to construction, reconstructed, or altered, for three inspections to be
scheduled and conducted by the enforcing agency at three phases of construction, and obtaining a
permit to open.50,51,52, 53
44 Health & Saf. Code, § 116064.2, subd. (4).
45 Health & Saf. Code, § 116043.
46 Health & Saf. Code, § 116055.
47 Health & Saf. Code, § 116063.
48 Id. 12.
49 Code Regs., tit. 22, § 65509.
50 Code Regs., tit. 22, § 65511.
51 Code Regs., tit. 24, § 3103, subd. (B) (1).
52 Code Regs., tit. 24, § 3104, subd. (B).
53 Code Regs., tit. 24, § 3105, subd (B).
12
In addition to these activities, the pool/spa plan check evaluates the acceptability of new types of pool
equipment and innovative concepts for pool facilities.
C. HOUSING AND INSTITUTIONS PROGRAM
A local jurisdiction Housing and Institution Program may be composed of four elements, residential
multi‐unit housing, i.e. not unit single housing, and includes motels and hotels, labor camps, organized
camps, and jails and detention facilities. EH carries out programs in organized camps and
jails/detentions. There are no labor camps in the County. Cities within Contra Costa have chosen to
adopt responsibility for multi‐unit housing as allowed under state housing code. Under a County
ordinance that covers the unincorporated area of Contra Costa County, the DCD has responsibility for
multi‐unit housing inspections.
viii. JAILS/DETENTION FACILITIES
State law requires that the County Health Officer inspect every jail or detention facility in the County on
an annual basis.54 Housing standards for sanitation, overcrowding and maintenance and food facilities
are evaluated at each detention facility.55 All deficiencies are reported to the responsible city/county
officials and to the State Board of Corrections. EH staff inspect the ten city detention, four Superior
Court Temporary Holding, three County adult detention, and two County youth detention facilities. EH
conducts a State law based inspection of the jail’s food facilities, and also conducts an inspection of the
rest of the facility sufficient to fulfill the needs of the state’s environmental health evaluation.
In the past, EH has not charged the facilities for these inspections.
D. PROGRAMS RELATED TO MEDICAL PROCEDURES
ix. BODY ART
Recognizing the health hazards involved in tattooing and various body piercings, the State Legislature
recently passed a state law requiring establishments and temporary events where body art is conducted
to be permitted and body artists to register with the local enforcement agency.60,61,62,63 This new
enforcement responsibility for the local health agency became effective July 1, 2012.
EH is charged with registering body art practitioners and permitting body art facilities including mobile
facilities and temporary events. Under the state law, EH may conduct inspections, impound unsafe
equipment, check the establishments Infection Prevention and Control Plan to see if it meets state law
and is being followed, issue citations, and secure samples, photographs, or other evidence from a body
54 Health & Saf. Code, § 101045.
55 Cal Code Regs., tit. 15, § 1313, subs. (c).
60 Health & Saf. Code, § 119300 & § 119301, subd. (l) and (o).
61 Health & Saf. Code, § 119306.
62 Health & Saf. Code, § 119312, subd. (c).
63 Health & Saf. Code, § 119317.
13
art facility, or any facility suspected of being a body art facility.64 EH has responsibility to conduct plan
review of body art fixed and mobile facilities.
Under state law, a local enforcement agency may establish reasonable regulatory fees for registering of
body art practitioners,65 and permitting of body art fixed facilities and mobile facilities66, and temporary
events,67 in an amount not to exceed, but sufficient to cover, the costs of enforcement. EH has used the
hourly rate to develop fees for the body art program. Proposed fees will be based on the cost of carrying
out the program as of October 1, 2013.
x. MEDICAL WASTE
The Medical Waste Management Program is a state program that can be delegated to a local agency
that has elected to adopt a local ordinance or resolution68. The Contra Costa County Board of
Supervisors have adopted a resolution to implement a medical waste management program.69 The
purpose of this program is to protect the health of the public, health care facility personnel, and landfill
personnel from exposure to medical wastes containing potentially communicable pathogenic organisms.
Medical waste generators are defined based on the amount of medical waste they generate per month
and whether they treat the waste on site or not. Large quantity generators (>300 lbs per month in any
12‐month period) and small quantity generators that treat on‐site (<200 lbs per month) need to register
with EH70,71 and file a Medical Waste Management Plan.72,73 EH processes and reviews the Medical
Waste Management Plan. Per state law, EH inspects the approximately 50 large quantity generators
every year.74 Per state law, EH biennially inspects the approximately 12 small quantity generators that
treat the medical waste on‐site.75 EH has recently instituted a triennial inspection program of the
approximately 1,350 registered, small quantity generators that do not treat on‐site, including those who
fall within the category of “limited quantity hauling exemption.”76 The registration for a large quantity
64 Health & Saf. Code, § 119319.
65 Id. 56, subd. (b) (7).
66 Id. 57, subd. (b) (2).
67 Health & Saf. Code, § 119317.5 & § 119318, subd. (a).
68 Health & Saf. Code, § 117800.
69 Contra Costa County resolution 91/27, April 16, 1991.
70 Health & Saf. Code, § 117890 & § 117895.
71 Health & Sac. Code, § 117955.
72 Health & Saf. Code, § 117935.
73 Health & Saf. Code, § 117960.
74 Health & Saf. Code, § 117965.
75 Health & Saf. Code, § 117938.
76 Health & Saf. Code, § 118030, subd. (a).
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generator and exemption are valid for one year.77,78 Small quantity generator registration is valid for two
years.79 Common storage facilities that are repositories for small quantity generator waste are required
to obtain a permit from EH.80 EH is allowed to “prescribe, by resolution or ordinance, the registration
and permit fees necessary to pay its reasonable expenses to administer the program”.81 Per County
ordinance, “an environmental health permit is required for… medical waste generators”82.
E. THE LAND USE PROGRAM
The Land Use Program consists of four elements:
i. LAND DEVELOPMENT PROJECT REVIEW
ii. SMALL WATER SYSTEM PROGRAM
iii. WELL CONSTRCUTION/ABANDONMENT
iv. LIQUID WASTE
Only two of these elements are included in this report, Small Water System Program and Liquid Waste.
xi. SMALL WATER SYSTEM PROGRAM
The purpose of the Small Water System program is to protect public health and prevent disease by
assuring that domestic water served by water systems that serve more than two parcels and less than
200 parcels are at all times safe, potable and available in adequate quantity and protected against
contaminating backflow. In addition to the general EH activities, the small water system receives and
reviews the required bacteriological and chemical water tests .86
Based on different authorities, there are four types of Small Water Systems that EH oversees.
A. Small Water Systems are defined by the federal Safe Drinking Water Act as entity that provides
"water for human consumption through pipes or other constructed conveyances to at least 15
service connections or serves an average of at least 25 people for at least 60 days a year, but
less than 200 connections.”87 Greater than 200 connections are called municipal water systems
and are regulated by CDPH. EH has been designated the Local Primacy Agency (LPA) by the
CDPH to oversee the Small Public Water Supply Program.88 A Small Public Water System must
77 Id. Subd. (b).
78 Health & Saf. Code, § 117965, subd. (b).
79 Health & Saf. Code § 117940, subd. (b).
80 Health & Saf. Code, § 117933.
81 Health & Saf. Code, § 117825.
82 Id. 12.
86 Cal. Code Regs., tit. 22, § 64211‐64217.
87 Safe Drinking Water Act. 42 U.S.C. § 300f et seq. 1974‐12‐16
88 Health & Saf. Code, § 116275.
15
obtain a permit from CDPH.89 EH regulates 97 small water systems in the following 3
classifications:
a. Community Water System ‐ Serves drinking water to at least 15 service connections
used by yearlong residents or regularly serves at least 25 yearlong residents. Examples
are a Mobile Home Park or residential subdivision. In 2012, EH permitted 33 community
water systems.
b. Non‐transient Non‐community ‐ Serves drinking water to 25 or more of the same
people (non‐residential) over 6 months per year. Examples are a school or business. In
2012, EH permitted 14 non‐transient non‐community systems.
c. Transient Non‐community ‐ Serves drinking water to 25 or more individuals at least 60
days out of the year, but does not meet the requirements of a community or non‐
transient non‐community water system. An example is a restaurant, campground, or
church. In 2012, EH permitted 51 transient non‐community small water systems, three
of which used surface water as the source.
State law describes an annual drinking water operating fee to be paid to the local primacy agency for
small water systems under the LPA’s jurisdiction “for conducting those activities mandated by this
chapter relating to inspections, monitoring, surveillance and water quality evaluation.”90 Further, state
law does not prevent “a local health officer from imposing additional fees pursuant to Section
101325.”91 Fees are described as not to exceed the actual costs to the LPA.92 Additionally, the LPA may
seek reimbursement for enforcement costs and costs of processing an exemption, variance, or waiver
when it is sought by a public water system. 93 In lieu of the fee schedule established by the CDPH, the
LPA may a adopt its own fee schedule for the processing of small water system permits, the fee shall not
exceed the total costs to the local primacy agency of processing the permit application. 94
B. State Small Water System – As defined by state law, these systems serve drinking water to
between 5 and 14 service connections. An example is a subdivision of 8 homes. Under state law,
the health officer or designee has responsibility for regulatory oversight of state small water
systems.95 State law allows “The reasonable costs of the local health officer in carrying out the
requirements of this section may be recovered through the imposition of fees on state small
water systems by the local governing body in accordance with Section 101325.”
89 Health & Saf. Code, § 116525.
90 Health & Saf. Code, § 116565, subd. (c) & (e) & 116570, subd. (c) & 116595.
91 Health & Saf. Code, § 116565(e).
92 Health & Saf. Code, § 116590(e).
93 Health & Saf. Code, § 116595, subd. (a) & (c).
94 Health & Saf. Code, § 116595, subd. (b).
95 Health & Saf. Code, § 116340.
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C. County Small Water System ‐ Serves drinking water to between 2 and 4 service connections.
County ordinance defines a small water system as a “utility system which furnishes water for
domestic purposes from two or more connections not on the same parcel.”96 An example is two
neighbors on separate parcels sharing a well.
Under County ordinance, a “small water system” is inclusive of all three types of systems described
above.97 The ordinance requires persons planning to obtain a permit to install, construct or operate a
well to submit an application which must address a number of items named in the ordinance including
backflow prevention, design and construction standards, approved sources, protection of distribution
reservoirs, description of the distribution system, an operation and maintenance plan, and water quality
and quantity. The health officer, his/her environmental health inspectors or his/her other duly
authorized representatives may conduct any necessary investigation and/or site evaluation of the
proposed or existing system. Upon approval of the completed installation of the water system, the
health officer issues a water supply permit and a public health license to operate the system. A permit
issued by the health officer is required to operate a small water system98 and fees for the application,
issuance, and renewal of environmental health permits are applicable when approved by the Board of
Supervisors.99
xii. LIQUID WASTE
The purpose of the Liquid Waste Program is to protect the health of the public and environment from
the improper disposal of sewage from on‐site sewage systems and greywater systems. Under California
law, this is accomplished through the evaluation and permitting of on‐site sewage systems,110 greywater
systems,111 and septage haulers.112 The program is linked to the water program for the siting of wells.
Improper disposal of septage can result in significant groundwater and health problems (vectors, odors,
exposure to pathogen organisms).
In addition to the general environmental health activities, the following are activities specific to the
Liquid Waste Program:
Maintain records of septage haulers and chemical toilet service companies.
Evaluate and permit greywater disposal systems.
Work with the Regional Water Quality Control Board to ensure the local on‐site sewage program
satisfies the Basin Plan.
Evaluate new methods of on‐site sewage systems.
96 CCC Ord. Code, § 414‐4.221.
97 CCC Ord. Code, § 414‐4.
98 CCC Ord. Code, § 413‐3.604.
99 CCC Ord. Code, § 413‐3.1212.
110 California Water Code, § 13282 & 13291 subd. (a) (4).
111 California Administration Code, Title 24, Part 5, Graywater Systems for single family residences
112 Health & Saf. Code, § 117400‐ 117450.
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Per County ordinance, a permit is required to repair, relocate, install or construct an individual system113
and fees are due “at time of filing for or requesting an investigation, test, inspection, or permit” for a
well as overseen by this program.114 Per County ordinance, “an environmental health permit is required
for… septic tank‐chemical toilet cleaners.”115
METHODOLOGY USED TO DEVELOP EH FEES
A. FIELD INSPECTOR TIME ANALYSIS
At the base of salary expense is the time spent by field staff conducting those activities in each program
area. EH field staff account for their time using commercially available software developed for managing
administrative, financial, and technical information of environmental health programs. For each day of
paid time, the field inspector enters data to account for the type of work (termed service code (SC))
conducted for each facility/permit or for a general category not tied to a facility/permit. Data entered by
the inspector are tied to a program element (PE) and a service code (SC), and a facility/permit.
Fees are primarily set at the PE level. EH work is broken down into PEs based on the type of unit of work
or facility type. EH work can be broadly described as falling into two types: unit work for which there is a
beginning and an end and work that is conducted annually, usually year after year. All plan review work
and most land use work is described as unit work for which there is a beginning and an end. Most food
facility, pool, body art, medical waste, permit work is conducted in yearly increments. PEs are further
broken down in certain program areas based on the type of facility. For instance, inspection and plan
check for retail food facilities have a program element for many different types of fixed food facilities,
e.g, small restaurant, large grocery store, bakery. Similarly, land use has different PEs based on the type
of work being proposed, e.g., drilling of soil boring, well destruction, soil profile evaluation for a
proposed on‐site wastewater treatment system (OWTS). There are PEs for staff time used in general
program development, training, division and team meetings, and time off for each program area.
Within each PE, the field staff further delineate their time using SCs. For instance, when conducting a
routine inspection of a food facility, pool, body art, medical waste generator, solid waste facility, the SC
“002” is used and the time is linked to a particular facility/permit. An SC “011”, is used when a site
evaluation is conducted by an inspector of a particular food or pool facility that is undergoing new
ownership or for an initial inspection of a potential site for a well or OWTS.
Some of the SCs are used when an inspector is not working on a particular facility/complaint. Inspectors
attribute time to certain division‐wide activities such as training‐trainee (SC 085), office maintenance (SC
576), emergency operations (SC 103), training‐public (SC 086), official meeting (SC 082), training‐in
service (SC 084), and staff meeting (SC 081). In addition, each work day, the inspector’s are expected to
spend the first two hours of the day (typically, 7AM to 9AM) in the office to be available for office visits,
returning phone calls, and to conduct paperwork including recording the previous day’s activities in the
software system. This activity is captured as office activity (SC 077). Field staff time attributed to a
program area general PE (e.g., 2600 General Land Use, 4300 Well General) is distributed amongst the
PEs within that EH program area based on the total time that particular PE requires compared to the
113 CCC Ord. Code, § 420‐6.501.
114 CCC Ord. Code, § 420‐6.701.
115 Id. 12.
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other PEs for that EH team. Field staff time attributed to 4800 General Environmental Health is
distributed across all program area groupings based on size of that program grouping compared to all
programs.
The data used to develop the fee for a particular PE is based on the time recorded for certain SCs that
are linked to a particular facility. In the subsequent sections, we will describe how the SCs are grouped
by a particular program area and provide the base time for each PE in each program area.
Under current County ordinance, exemptions from paying environmental health permit fees exist for
someone who is legally blind120 or is a veteran that was honorably discharged121or to a religious or
charitable organization.122 A more narrow exemption for honorably discharged veterans is described in
federal law for those individuals desiring to peddle, sell, and vend.123 There have been no exemptions
filed by anyone who is blind. Temporary food events, food banks, and commissaries are often permitted
by religious or charitable groups. There are very few fixed food facility permits, mainly commissaries,
issued to anyone claiming the veteran exemption.124
xiii. FOOD, RECREATIONAL HEALTH, AND HOUSING PROGRAMS
The inspectors that conduct the food, recreational health, and housing programs are housed within
three EH teams.125 The facility specific activity time involved with the food, recreational health, and
housing that serve as the base of the fees for each of these programs differs slightly and are explained
separately in the following sections. There is also time associated with facility‐specific and general
program development activities that differ within each of these programs, and is thus distributed within
a specific program and not distributed across all the programs. General Environmental Health Time was
distributed using a time weighted approach across the programs.
FOOD P ROGRAMS
EH has established fees for certain food facility‐specific activities: annual permit, change of ownership
and site evaluation. In this section, the basis for the permitting of fixed facilities, mobile food facilities
and other types of retail food facilities will be discussed. EH is proposing no changes for the change of
ownership and site evaluation fees at this time.
Certain facility‐specific activities are charged to the applicant based on the hourly rate and the number
of hours required to investigate and resolve the issue, these activities were not used to develop the
fees. Examples of this are follow up inspection chargeable (service code 333), complaint inspection
120 CCC Ord. Code, § 4143‐3.1002
121 CCC Ord. Code, § 413‐3.1006
122 CCC Ord. Code, § 413‐3.1005
123 Federal law re: veteran benefits
124 Id. 2 and 4
125 One inspector that conducts both food and recreational health is housed within the Land Use team as
that inspector covers the food facilities and pools/spas in the unincorporated area. Approximately 20%
of this inspector’s overall time will be attributed to these programs.
19
chargeable (service code 444), consultation/ chargeable (service code 666), and billable service (service
code 777).
FIXED F OOD F ACILITY AND L ICENSED H EALTH C ARE F ACILITY
EH is in the process of adopting the U.S. Food and Drug Administration’s Voluntary National Retail Food
Regulatory Program Standards.126 There are nine standards that are aimed at improving retail food
safety by focusing on the reduction of risk factors known to contribute to foodborne illness and to
promotion of active managerial control of these risk factors. One of the standards delineates the fixed
food facility inspection frequency based on the types of food preparation that occurs at the facility. For
those facilities with only prepackaged food (Risk category 1), inspection frequency is one per year. For
those facilities where the food is heated/cooked (Risk category 2), inspection frequency is two times per
year. For those facilities where the food is cooked, cooled, and then reheated, and/or food served raw,
such as sushi restaurants (Risk category 3), the inspection frequency is three times per year. These
inspection frequencies are different from the past when the goal of EH was to inspect each fixed food
facility twice annually.
Inspection time includes preparation time reviewing the previous inspection reports and other
information in the facility file, travel time to that facility (typically averaged over all the facilities being
inspected that day by the inspector), on‐site inspection time, and any report writing that occurs after
the inspection.
Sometimes the inspector must conduct a re‐inspection because the routine inspection found one or
more violations that requires the operator to fix, which cannot be accomplished while the inspection is
taking place. During the time period, July 1, 2010 to June 30, 2012, re‐inspections were conducted 32%
of the time when compared to routine inspections.
The size of and the type of operation that occurs at a facility often dictates the length of time it takes to
conduct some of the inspection activities, and thus the current fee schedule has a number of different
categories. The fee categories include commercial establishments that make and sell food, school food
programs, retail bakeries, retail food facilities, commissaries, production kitchens, and licensed health
care facilities. In the fee schedule, several of the PE categories have been broken up to better represent
the differences in time it takes to oversee these facilities. An example is separating Production Kitchens
from Commissaries, as production kitchens are defined as having food preparation activities, whereas
Commissaries are essentially wholesale support for mobile food facilities. Facility specific data was used
to develop the basis for the routine inspections when it was possible to do so.
The time consumed conducting one routine inspection and one re‐inspection is the base hours for a
food facility fee category risk level one. The time consumed conducting two routine inspections and one
re‐inspection is the base hours for a food facility fee category risk level two. The time consumed
conducting three routine inspections and one re‐inspection is the base hours for a food facility fee
category risk level one.
Inspector time for facility‐specific non‐chargeable activities within the 1600 series (e.g. non‐validated
complaint, consultation/no charge (service code 006), operating without a permit (service code 717),
out of business (service code 023)) were added with the inspector time spent on non‐facility specific
activities such as program coordination and development (PE 1600) and then distributed across each of
those food facility fee categories based on the inspection time workload (total minutes) of that fee
126 Federal Model Retail Food Standards
20
category compared to the total inspection time workload for all these food facility fee categories. Then
this distributed time for each PE category was divided by the number of routine inspections conducted
in that PE to arrive at the distributed time per facility within that PE.
Similarly, inspector time for facility‐specific non‐chargeable activities for the 1500 series licensed health
care facilities was added with the inspector time spent on non‐facility specific activities such as program
coordination and development (PE 1500) and distributed across each licensed health care facility fee
category based on the inspection time workload (total minutes) of that PE category compared to the
total inspection time workload for all the licensed health care facility fee categories. Then this
distributed time for each PE category was divided by the number of routine inspections conducted in
that PE to arrive at the distributed time per facility within that PE.
M OBILE F OOD F ACILITIES
EH permits a number of mobile food facilities: trucks which range from the traditional pre‐packaged
food with coffee truck to gourmet food trucks where food preparation occurs on the trucks, pushcarts
which typically sell ice‐cream or prepackaged food and, in some instances, serve hot food. EH issues
permits that take into account that some of the mobile food facilities operate seasonally, e.g. ice cream
pushcarts, others may work farmers markets during fair weather, and still others are year round, by
offering certain permits on a quarterly basis.
All mobile food facilities must be associated with a commercial kitchen or commissary and return there
at the end of every work day.
In recognition of the changing world of mobile food, in this fee proposal certain mobile food facilities
and commercial kitchens/commissary PEs have been renamed, others have been split into two or more
PEs. For example, “Mobile Food Prep Unit” was renamed “Mobile Food Facility (Full Prep Vehicles)”. As
another example, previously we did not have a separate PE for a permitted restaurant that also serves
as a commissary for a mobile food facility, so we created the “Mobile Food Facility (MFF) Commissary &
Restaurant”. This separate PE is needed as additional items are inspected due to the facility serving a
commissary, and an additional inspection report has to be filled out.
The fees were developed for each of these new fee categories by reassigning current food facilities into
the appropriate, new PE and then analyzing the inspector time as previously described for already
existing food facility PEs.
Similarly to fixed food facilities, EH has had a goal of inspecting each mobile food facility twice per
permitted year. However, as mobile food facilities are in fact by law, mobile, it is often hard to get the
second inspection, and unlike the fixed food facilities, the first inspection that definitely occurs is not a
surprise inspection. The permit year for mobile food facilities is the same as the calendar year. In the fall
when operators want to obtain a new permit, a scheduled inspection of the mobile food facility takes
place at a designated County facility.
The number of inspections of the mobile food facilities and their associated restaurant/commissary is
based on the risk‐based approach previously described for the fixed facilities. One re‐inspection is also
included in the development of the fees. The distribution of mobile food facility non‐inspection time and
general program development time was previously described in the fixed facility section.
O THER R ETAIL F OOD P ROGRAM F EES
EH fees for vending machines, and temporary events are developed separately from the fixed facilities.
For each of these programs, EH tracks program development and implementation and non‐chargeable
time separately from fixed facility and mobile food facility time.
21
V ENDING MACHINES
Under state law, EH regulates vending machines. EH does not permit most vending machines, only those
that contain only prepackaged, non‐potentially hazardous food. Under the permitting system, EH
inspects these vending machines once a year.
The basis of the vending machine fee is the time needed to conduct the yearly inspection. Non‐
inspection time attributed to PE 1644 is distributed across the number of vending machine permits.
TEMPORARY FOOD FACILITY
EH, under state law, regulates temporary food facilities at events open to the public. These food
facilities may operate solely or be part of a larger collection of temporary food facilities such as at a
festival or civic celebration or a farmer’s market. Typically the permit is issued for the duration of some
community event, one night, over the weekend, etc. In the case of temporary food facilities adjacent to
a farmers market, the permit is issued for three months. Thus, over the period of a year, a temporary
food facility adjacent to a farmer’s market obtains four permits, one for each quarter.
The basis of the temporary food permit is the time needed to conduct one inspection (SC 718 Temp
Event Fee Per Food Booth 1687) of the temporary food facility(ies). In reviewing the time needed to
conduct the inspections, as travel time is included, there was a decrease in the time needed per booth
as the number of booths per event increased. Thus, as with the way fees for push carts, agricultural
vendors at Farmers Markets, and non‐agricultural vendors at Farmers Markets have been established in
the past, we are proposing that the fees for temporary food booths that are for‐profit, be established
based on the number of booths per event.
In addition, time spent on non‐inspection, facility‐specific activities (all other SCs used in Temp Event
Fee Per Food Booth 1687) and program administration and development of the temporary food facility
(SC 070 under General Retail Food 1600 and SC 720 under General Retail Food 1600) is distributed
across the temporary food permit.
A unique temporary event is the County Fair, which has been designated its own PE‐ 1690, due to the
considerably larger amount of time needed to conduct the inspections. Time spent conducting the
routine inspections of that temporary food event are the base of the permit. This PE is also included in
the distributed costs described in the previous paragraph.
22
C OTTAGE F OOD O PERATIONS (CFO)
EH initiated its cottage food operation program on January 1, 2013, when the state law became
effective. The limited time accounting data was used to develop proposed fees. The base time for
reviewing and approving the Class A registration (PE 1665) is based on the time needed to review the
initial submission of the proposed food operation including labels that meet FDA standards for each
product to be produced (SC 009). The base time for reviewing and approving the Class B permit fee (PE
1665) is based on the sum of time needed to review submission of the proposed food operation
including labels that meet FDA standards for each product to be produced (SC 009), the time needed to
conduct one yearly inspection (SC 002), and the report writing after the inspection (SC 009). The fees
first proposed for the initial review of a new Class A or Class B CFO were too low based on the time
analysis, and thus the fees being proposed are higher to reflect the amount of time needed to
adequately review a new proposal. Each of the new fees is based on the average number of hours and,
when more time is needed, usually because a package is incomplete and even resubmittals are not
adequate, then the additional will be charged at the hourly rate.
For those CFOs that are reapplying for a registration or permit and are proposing no or minimal changes
in their products, EH is retaining the fees first proposed for the registration and permit, as these are
appropriate given the lesser amount of time needed to review and approve the resubmittal.
xiv. RECREATIONAL HEALTH
P OOLS AND S PAS
EH enforces state law that requires public pools and spas to operate in a healthy and safe manner. A
public pool/spa is defined as serving more than one private residence.
EH’s goal is to inspect each public pool/spa twice a year whether it is a year‐round or seasonal pool/spa.
The time to conduct two routine inspections (SC 002) and the report writing associated with that
inspection (SC 009) is the base of the permit fee.
Facility‐specific non‐inspection time and program administration and development of the pool/spa
program (SC 070 under General Recreational Health 3600 and some under General Environmental
Health 4800) is distributed across the pool and spa facilities.
Unique pool/spa facilities are the large recreational parks which contain multiple swim areas, and these
are designated their own PE‐ 3608, due to the considerably larger amount of time needed to conduct
the inspections. Time spent conducting the routine inspections of that temporary food event are the
base of the permit fee. This PE is also included in the distributed costs described in the previous
paragraph.
B EACHES
EH enforces state law that requires inspection of “public beaches”. Contra Costa County has two such
beaches, both operated by East Bay Regional Parks.
EH’s goal is to inspect each public beach twice a year. The time to conduct two routine inspections (SC
002) and the report writing associated with that inspection (SC 009) is the base of the permit fee.
Facility‐specific non‐inspection time and program administration and development of the mobile food
facility (SC 070 under General Recreational Health 3600 and some under General Environmental Health
4800) is distributed across the pool and spa facilities.
23
xv. HOUSING
J AILS
EH conducts housing and food safety inspections at jails and detention facilities in the County per state
law. State law requires inspection once a year. Specific inspection forms are provided by the state, and
are the basis of the inspection.
The time to conduct one routine inspection (SC 002) and the report review and writing associated with
that inspection (SC 009) is the base of the permit fee.
Facility‐specific non‐inspection time and program administration and development of the pool/spa
program (SC 070 under General Retail Food 3600 and some under General Environmental Health 4800)
is distributed across the jails/detention facilities.
xvi. MEDICAL RELATED PROGRAMS
The inspectors that conduct the medical related programs are housed within the solid waste team.127
Two inspectors conduct the majority of the medical waste activities, each spending approximately 27%
of their time on medical waste. The body art inspections are conducted by one inspector who spends
approximately 25% of his time to this program.
Inspectors attribute time to certain division‐wide activities such as training‐trainee (SC 085), office
maintenance (SC 576), emergency operations (SC 103), training‐public (SC 086), official meeting (SC
082), training in‐service (SC 084), and staff meeting (SC 081). In addition, each work day, the inspectors
are expected to spend the first two hours of the day (typically, 7 AM to 9AM) in the office to be available
for office visits, returning phone calls, and to conduct paperwork including recording the previous day’s
activities in the software system. This activity is captured as office activity (SC 077). For the three
inspectors involved in either medical waste or body art programs. the inspector time for the division
wide activities and office activity was distributed to medical waste and body art based on the
percentages given above.
M EDICAL W ASTE
EH regulates a number of different facilities where medical waste is either generated. EH conducts
Inspections at medical waste generators in the County. State law prescribes that the frequency for large
quantity generators (>200 lbs per year) be inspected annually. State law proscribes that the frequency
for small generators (<200 lbs per year) with treatment on‐site be inspected bi‐annually. EH strives to
inspect the small quantity generators (<200 lbs per month, no treatment on‐site) once every three
years. The time to conduct one routine inspection (SC 002) and the report review and writing associated
with that inspection (SC 009) is the base of the permit fee. For small quantity generators with treatment
onsite for which EH is only required to inspect bi‐annually, the time it takes to conduct one inspection
(SC 002 and 090) is divided by two and is the base time for development of the fee. For small quantity
generators without treatment on‐site which EH strives to inspect once every three years, the time it
takes to conduct one inspection (SC 002 and 090) is divided by three and is the base time for
development of the fee.
127 One inspector that conducts both food and recreational health is housed within the Land Use team
as that inspector covers the food facilities and pools/spas in the unincorporated area. Approximately
20% of this inspector’s overall time will be attributed to these programs.
24
Facility‐specific time other than SC 002 and 090 and time needed for program administration and
development of the medical waste program (SC 070 under General Medical Waste PE 4500 and some
under General Environmental Health PE 4800) is distributed across the medical waste PEs proportional
to the amount of time the inspection and report review/writing take‐up of the total time needed for the
inspections/report review/writing.
B ODY A RT
EH initiated its body art program on July 1, 2012, when the state law became effective. This limited time
accounting data was used to develop the proposed fees. The base time for the body artist registration
fee is derived from the time needed to review the application including Hepatitis A vaccination
documentation or declaration and proof of completion of the Safe Body Arts training. The base time for
the body arts facility permit fee is based on the sum of time needed to review application and the
facility’s operating procedures (SC 009), the time needed to conduct one yearly inspection (SC 002), and
the report writing after the inspection (SC 009). The base time for the temporary event body arts facility
permit fee is based on the sum of time needed to review application and the facility’s operating
procedures (SC 009), the time needed to conduct one yearly inspection (SC 002), and the report writing
after the inspection (SC 009). The base time for a new body arts facility’s plan review fee permit is
based on the sum of time needed to review application and the facility’s blueprints (SC 009), the time
needed to conduct one inspection after construction is complete (SC 002), and the finalizing of the
permit after the inspection (SC 009).
Facility‐specific non‐inspection time and program administration and development of the body art
program (SC 070 under General Recreational Health 3600 and some under General Environmental
Health 4800) is distributed proportionally across the body artist registrations and body art facility
permits.
xvii. SMALL WATER SYSTEMS
Though a consumer protection program, the small water system is housed within the Land Use group,
one inspector oversees the program which takes approximately 45% of his time. That inspector also
conducts food facility and pool inspections in the unincorporated areas of the County, and land use
activities including wells and septic systems. For this inspector, time for the division wide activities and
office activity was distributed to each of the programs based on the percentages given in the above.
The EH small water system inspector conducts a number of activities on a yearly basis as part of the
annual permit for each of the small water systems, this includes reviewing the permit (SC 465),
recording a chemical sample (SC 309), recording a bacteriological sample (SC 308), providing technical
assistance/consultation (SC 468), reviewing the water system (SC 464), report writing/review (SC 009),
and conducting an annual inspection (SC 460) and sometimes a re‐inspection/follow‐up (SC 463).
Depending upon the type of system, the state mandates the conduct of a sanitary survey of a small
water system either annually, on a 3‐year interval or a 5‐year interval. Because the time needed to
conduct these surveys is extensive, the basis of the fee is derived from looking at the time needed on an
annual basis, over a three or five year period and then determining the average time needed annually to
carry‐out the permit oversight responsibilities.
The small water system inspector conducts a number of activities to run the program (PE 4600)
including meetings with the state health department (SC 077), reviewing the voluminous chemical (SC
309) and bacteriological (SC 308) data that is submitted, completing the paperwork, responding to
emails and telephone calls (SC 071), reviewing the files and responding to inquiries from other agencies
and the public (SC 464). This time was distributed proportionally across the small water systems.
25
Periodically, EH receives a request from a small water system to do an activity not typically covered
within the annual permit. There are requests for small water systems to change their owner. There are
requests from small waster systems to change part of the water system, ie modify or add new
equipment. For these activities, EH has separate fees that apply only to that activity. The fees were
developed using data from the recent past when these activities had been requested.
B. EXPENSE PROJECTION PROCESS AND DEVELOPMENT OF HOURLY RATE
As previously mentioned above, all field staff account for their time spent on facility inspections by using
commercial software developed for the Environmental Health programs. Three years of inspection
activity data was used in developing the proposed fees for the EH programs.
Projected operating expenses include staff salaries and benefits, services and supplies, and overhead
costs. Assumptions were made to allow for additional staffing, and step increases for the established
employees were factored in. Indirect costs including trainings, emergency operations, office meetings,
returning phone calls, and completing paperwork were also included.
It was determined that each field staff works an average of 1629 productive hours per year. Based on
the projected program expenses and total billable staff time, it was determined that an hourly rate of
$174 was necessary to sustain the Environmental Health programs.
PE Description
Current
Number of
Units in the
system
Average
Hours per
Unit Fee @ $174/hr
Revenue @
$174/hr
SNF 0-50 BEDS 9 6.59 1,147 10,323
SNF 51-100 BEDS 12 8.24 1,434 17,208
SNF 101-200 BEDS 10 9.89 1,720 17,200
GAC 0-100 BEDS 1 13.19 2,295 2,295
GAC 101-200 BEDS 1 14.83 2,581 2,581
GAC 201+ BEDS 1 16.48 2,868 2,868
GAC 0-100 BEDS 0-50 SEATS 1 18.13 3,155 3,155
GAC 101-200 BEDS 0-50 SEATS 1 23.07 4,015 4,015
GAC 101-200 BEDS 150+ SEATS 1 26.37 4,588 4,588
GAC 201+ BEDS 0-50 SEATS 1 28.02 4,875 4,875
GAC 201+ BEDS 150+ SEATS 2 31.31 5,448 10,896
1-20 FOOD STATIONS 9 2.53 440 3,962
LICENSED HEALTH CARE FACILITIES (Retail Food)53 0.00 $83,966
Wiping Rags 1 1.81 315 315
Farm Stand 4 2.50 435 1,740
Incidental Retail Markets 134 2.50 435 58,290
Retail Markets <2000 Sq Ft Risk Category 1 515 3.98 693 356,648
Retail Markets 2001-4000 Sq Ft Risk Category 1 240 4.48 780 187,085
Retail Markets 4001-6000 Sq Ft Risk Category 1 30 4.89 851 25,535
Retail Markets >6000 Sq Ft Risk Category 1 144 5.52 961 138,390
Tavern / Cocktail Lounge Bar 78 4.44 773 60,260
Restaurant 0-25 Seats Risk Category 1 51 4.01 698 35,585
Risk Category 2 542 5.97 1,039 563,019
Risk Category 3 69 8.47 1,474 101,691
Restaurant 26-49 Seats Risk Category 1 2 4.24 738 1,476
Risk Category 2 451 6.66 1,100 496,100
Risk Category 3 114 8.88 1,545 176,144
Restaurant 50-149 Seats Risk Category 1 6 6.00 1,044 6,264
Risk Category 2 184 6.61 1,150 211,626
Risk Category 3 463 9.47 1,648 762,922
Restaurant 150+ Seats Risk Category 2 13 6.24 1,086 14,115
Risk Category 3 175 10.42 1,813 317,289
Snack Bar Risk Category 1 74 3.68 640 47,360
Snack Bar Risk Category 2 1 3.68 849 849
Catering Risk Category 2 44 5.29 920 40,500
Risk Category 3 13 5.70 992 12,893
School Cafeteria 228 4.50 783 178,524
Pushcarts 1- 4 7 0.92 160 1,120
Pushcarts 5 - 10 5 0.75 131 655
Pushcarts > 10 48 0.69 120 5,760
Retail Food Vehicles 111 2.59 454 50,394
Mobile Food Vehicles 101 3.66 637 64,321
Seasonal Ice Cream Vehicle 48 2.61 454 21,799
Vending Machinies 9 1.25 218 1,962
Non Ag Vendor-Farmers Mkt (1-5 Booths)13 2.40 418 5,429
Non Ag Vendor-Farmers Mrkt (6-10 Booths) 4 3.02 525 2,102
Non Ag Vendor-Farmers Mrkt (11+ Booths) 11 4.22 734 8,077
Bakery <2000 Sq Ft Risk Category 1 118 5.50 569 67,142
Bakery <2000 Sq Ft Risk Category 2 3 5.50 957 2,871
Bakery 2001-4000 Sq Ft Risk Category 1 12 6.00 655 7,860
Bakery 2001-4000 Sq Ft Risk Category 2 2 6.00 1,044 2,088
Appendix A-i
PE Description
Current
Number of
Units in the
system
Average
Hours per
Unit Fee @ $174/hr
Revenue @
$174/hr
Food Demonstrator 2 2.13 371 741
Commissary - supports at least one mobile vehicle 15 4.01 698 10,470
Contra Costa Fair 1 13.43 2,337 2,337
Certified Farmers Mkt 1-25 Booths Risk Category 2 29 3.00 522 15,138
Certified Farmers Mkt 26-45 Booths Risk Category 2 4 4.00 696 2,784
Certified Farmers Mkt >46 Booths Risk Category 2 5 5.00 870 4,350
RETAIL FOOD FACILITIES 4235 0.00 $4,072,018
Jails 11 3.57 621 6,833
Court Holding 4 3.03 527 2,109
Detention Facilities 5 8.06 1,402 7,012
JAILS / DETENTION FACILITIES (Retail Food)20 0.00 $15,954
SWIMMING POOL 1047 4.20 730 764,310
SPA ONLY 17 3.63 631 10,727
ADDITIONAL SPA/POOL 462 1.50 261 120,582
PUBLIC SCHOOL/MUNICIPAL POOL 19 3.46 730 13,870
ADDITIONAL PUBLIC SCHOOL/MUNICIPAL POOL 7 2.68 261 1,827
SPLASH/SPRAY PARK 26 3.51 730 18,980
ADDT SPLASH/SPRAY 19 2.71 261 4,959
RECREATIONAL WATER PARK -ONE SYSTEM 1 7.26 1,263 1,263
ADDITIONAL WATER PARK POOL/SPA-(ONE SYSTEM)3 3.63 631 1,893
SWIMMING POOLS/SPAS- Recreational Health 1606 0.00 $938,411
CONV. SEPTIC SYSTEM CONSTRUCTION PERMIT 7 5.07 883 6,181
CONVENTIONAL REPLACEMENT 4 5.07 883 3,532
ALTERNATIVE SEPTIC SYSTEM CONSTRUCTION 6 7.24 1,260 7,560
SEPTIC SYSTEM REPAIR PERMIT 20 1.64 285 5,700
ALTERNATIVE REPLACEMENT 1 7.24 1,260 1,260
SEPTIC TANK ABANDONMENT PERMIT 76 2.28 396 30,096
SITE EVALUATION 7 2.87 499 3,493
SOIL PROFILE EVALUATION 26 2.87 499 12,974
PERCOLATION TEST - CONTRACTOR W/ STAFF REVIEW 12 2.87 499 5,988
INITIAL PLAN REVIEW APPLICATION 93 2.22 386 35,898
SEPTIC SYSTEM PUMPER VEHICLE 27 1.26 220 5,940
SEWAGE/LIQUID WASTE PUMPER COMPANY 23 3.88 675 15,525
PORTABLE TOILET PUMPER VEHICLE 43 1.26 220 9,460
SEPTIC TANKS/ ALTERNATIVE SYSTEMS- LandUse 0.00 $0 $143,607
SOIL BORING PERMIT (PER PARCEL)422 3.09 537 226,614
INCLINOMETER PERMIT (PER PARCEL)2 3.09 537 1,074
CPT PERMIT (PER PARCEL)12 3.09 537 6,444
MONITORING WELL PERMIT 321 3.36 584 187,464
PIEZOMETER W/ CASING PERMIT 31 3.36 584 18,104
WELL DESTRUCTION PERMIT 469 2.07 360 168,840
DOMESTIC WELL CONSTRUCTION PERMIT 103 3.36 584 60,152
WELL VARIANCE 79 1.22 213 16,827
WELLS- LandUse 0.00 $685,519
HEALTH CARE SERVICE PLAN 5 10.17 1,770 8,848
MED/DENT/VET CLINIC >200LBS/MO 14 5.30 922 12,911
MED/DENT/VET CLINIC < 200LBS/MO 1040 0.58 101 104,957
MED/DENT/VET CLINIC < 200LBS/MO W/ ON-SITE 2 1.41 245 491
MED/DENT/VET CLINIC >200LBS/MO W/ON-SITE 2 2.96 515 1,030
ACUTE CARE HOSP. 251+ BEDS 2 16.95 2,949 5,899
ACUTE CARE HOSP. 200-250 BEDS 2 13.98 2,433 4,865
Appendix A-i
PE Description
Current
Number of
Units in the
system
Average
Hours per
Unit Fee @ $174/hr
Revenue @
$174/hr
ACUTE CARE HOSP. 100-199 BEDS 4 11.09 1,930 7,719
ACUTE CARE HOSP. 1-99 BEDS 1 9.08 1,580 1,580
SKILLED NURSING FAC. >200 LBS/MO 4 5.09 886 3,543
SKILLED NURSING FAC. <200LBS/MO 29 1.23 214 6,207
CLINICAL LAB >200 LBS/MO 2 6.99 1,216 2,433
BIOMED PRODUCER W/ON-SITE >200 LBS/MO 1 7.92 1,378 1,378
SPECIALTY CLINICS 11 4.68 814 8,958
BIOMED PRODUCER >200 LBS/MONTH 2 6.73 1,171 2,342
BIOMED PROCUCER <200 LBS/MONTH 1 1.75 305 305
COMMON STORAGE FAC. 11-49 GENS.1 1.92 334 334
COMMON STORAGE FAC. 2-10 GENS 1 1.83 318 318
LIMITED QUANTITY HAULER EXEMPT.178 0.68 118 21,061
MEDICAL WASTE- Solid Waste 1302 0.00 $195,176
NON COMMUNITY SURFACE WATER 3 8.00 1,392 4,176
NON COMMUNITY NON-TRANSIENT GROUND WATER 6 7.00 1,215 7,290
NON COMMUNITY NON TRANSIENT GRND WTR W/TRT 4 8.00 1,392 5,568
COMMUNITY WATER, GRND WTR. 15-24 CONNS.9 8.00 1,392 12,528
COMMUNITY WATER, GRND WTR, W/TRT 15-24 CONNS 1 8.00 1,392 1,392
COMMUNITY WATER, GRND WTR, 25-99 CONNS.16 8.00 1,392 22,272
COMMUNITY WATER, GRND WTR W/TRT 25-99 CONNS.1 8.00 1,392 1,392
COMMUNITY WATER, GRND WTR, 100-199 CONNS.4 10.00 1,740 6,960
LOCAL SMALL WATER SYSTEM 21 2.00 348 7,308
STATE SMALL WATER SYSTEM 13 3.00 522 6,786
NON COMMUNITY TRANSIENT GRND WATER 45 2.93 510 22,950
NON COMMUNITY TRANSIENT GRND WTR W/TRT SYS.7 5.00 870 6,090
SMALL WATER SYSTEM- Recreational Health 130 0.00 $104,712
FACILITY - TATTOO / BODY PIERCING 24 3.00 522 12,528
BODY ARTS PRACTITIONER REGISTRATION/PERMIT 39 0.75 131 5,090
BODY ARTS PLAN REVIEW (4 HOURS)6 4.00 696 4,176
BLOODBORNE PATHOGEN TRAINER 1 1.11 193 193
BODY ART/ TATTOO- Solid Waste 70 $21,987
Totals:$6,261,350
Appendix A-i
Monthly salary of a Health Inspector 7,488
Taxes/ benefits 4,521
Monthly S&B of a Health Inspector 12,009
Annual S&B of a Health Inspector 144,111
Total Annual S&B for 33 inspectors 4,755,660
Each inspector's productive hours 1629
Each inspector's adjusted hourly rate 88.47 Compared to total Inspectors' S&B
Sups/ clerical S&B 2,650,000 49.30 55.72%
Service & Supplies 1,200,000 22.32 25.23%
Indirect Cost 675,000 12.56 14.19%
County Overhead 75,000 1.40 1.58%
Hourly Rate $174
Appendix A-ii
EH Projected Expenses for Fiscal Year
EH
Description
Solid Waste
5880
Medical Waste
5880
Waste Tire
5881 LandUse 5884
Recreational
Health 5885
Retail Food
5886
Plan Review
5887
Total
Programs
Salaries and Benefits 1,146,075 153,582 153,582 986,992 638,124 3,491,625 835,680 7,405,660
Services and Supplies 185,708 24,886 24,886 159,930 103,400 565,777 135,413 1,200,000
Indirect Administration 104,461 13,998 13,998 89,961 58,163 318,249 76,170 675,000
County Overhead 11,607 1,555 1,555 9,996 6,463 35,361 8,463 75,000
Total 1,447,851 194,021 194,021 1,246,879 806,150 4,411,012 1,055,726 9,355,660
EH Projected Revenue for Fiscal Year
EH
Description Solid Waste 5880
Medical Waste
5880 Waste Tire 5881 LandUse 5884
Recreational
Health 5885
Retail Food
5886
Plan Review
5887
Total
Programs
Fines & Penalties -9300 0 0 80,500 20,000 175,000 275,500
Intergovernmental
Revenue-9500 25,000 194,021 0 0 0 219,021
Health Inspection Fees-
9600 1,051,987 195,176 0 829,126 1,043,123 4,171,938 750,000 8,041,349
Total 1,076,987 195,176 194,021 909,626 1,063,123 4,346,938 750,000 8,535,870
Over / under (370,864)1,155 0 (337,253)256,973 (64,074)(305,726)(819,790)
Solid Waste 5880
Medical Waste
5880 Waste Tire 5881 LandUse 5884
Recreational
Health 5885
Retail Food
5886
Plan Review
5887
Total
Programs
Permit Billing $21,987 195,176 829,126 $1,043,123 $4,171,938 $6,261,350
Non Permit Billing 1,055,000 0 194,021 80,500 20,000 175,000 750,000 2,274,521
Total Revenue 1,076,987 195,176 194,021 909,626 1,063,123 4,346,938 750,000 8,535,871
Appendix A-iii
Org. # Program
Permit Fees billed after
the fees adjustment
5880 -Solid Waste (Med Waste)$195,176
5880 -Solid Waste (Newly added programs)$21,987
5885 -Pulic Pools/Spa $898,775
5885 -Pulic Pools/Spa- newly added programs $39,636
5885 -Small Water $104,712
5886 -Retail Food $3,977,460
5886 -Retail Food- newly added programs $194,478
Annual Permit billings $5,432,224
Other permit billings (Non Annual)$829,126
Total Permit billings $6,261,350
Appendix A-iv