§ 35.

FEE FOR INSPECTION BY THE HEALTH DEPARTMENT

a.

Unless otherwise specifically provided, all fixed fees for inspection or permits which involve the Health Department shall be payable in advance annually. A filing fee of $298 payable in advance to the Health Department for each inspection for a permit is required for a first-time inspection of a premises or thing if such inspection is requested or required as a condition of the issuance of a first permit or of a first license, except applications for permits for ambulances, refuse trucks, swill trucks, fumigation site surveillance, soft-serve ice cream machines and hazardous material storage.

b.

When two or more food product and marketing establishments or food preparation and service establishments, or any combination thereof, subject to inspection are located on the same premises, are not contiguous to each other, and are conducted by one owner whether person, firm or corporation, a permit shall be required for each such establishment.

c.

When the owner or lessee of premises where said class or classes of business are located or conducted does not directly or indirectly conduct the same, the owner or lessee of said premises shall not be required to obtain a permit for said premises or pay any fee imposed by this Section.

d.

Any application for a special event referred to in Section 452(b) of the San Francisco Health Code shall be accompanied by fees set out in Section 249.11(c) of the San Francisco Business and Tax Regulations Code.

e.

Exemptions. The following establishments are exempt, as set forth in Section 249.1 of this Code, from paying fees:

1.

Food preparation and service establishments used exclusively by day care facilities for children.

2.

Food preparation and service establishments funded through the San Francisco Commission on Aging for nutrition projects for older individuals.

f.

When the Health Department provides environmental health inspection services, permit review, or training services, whether in response to a permit or license application or by request, a fee of $167 per hour will be charged for service by environmental health inspectors, and a fee of $150 per hour will be charged for service by environmental health technicians. When these services are provided during nonregular working hours, a fee of $174 per hour will be charged. “Environmental Health Inspection services, permit review, or training services” includes but is not limited to reviewing plans and blueprints, providing consultations and making site inspections. A bill for these services will be issued to the person making the application or request and must be paid prior to the Department’s providing the service. If the time expended exceeds what the Department anticipated, the Department shall bill the applicant or person making the request for the additional time expended and such person shall be responsible for paying that amount. Notwithstanding any other provision of this Section 35, all fees for routine, nonenforcement-related inspection services provided for solid waste transfer station permit issuance and compliance review will be included in the license fee required by Section 249.15 of this Article.

g.

When the Health Department, while in the process of conducting inspections of businesses required to have a valid Permit To Operate, issued by the Department of Public Health, finds violations of local, state law or federal law, requiring follow up inspection(s) to determine if the documented violations have been corrected, the permitted establishment is liable for payment to the San Francisco Department of Public Health a fee of $75 per half-hour of on-site inspection services. Violations subject to reinspection fees include those listed as high-risk violations on the Department of Public Health food inspection report.

h.

Beginning with fiscal year 2008-2000, fees set forth in Sections 35, 120, 248, 249, 249.1, 249.2, 249.6, 249.7, 249.8, 249.11, 249.12, 249.13, 249.14, 249.15, 249.16, and 249.20 may be adjusted each year, without further action by the Board of Supervisors, as set forth in this Section.

Not later than April 1, the Director shall report to the Controller the revenues generated by the fees for the prior fiscal year and the prior fiscal year’s costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this Section.

Not later than May 15, the Controller shall determine whether the current fees have produced or are projected to produce revenues sufficient to support the costs of providing the services for which the fees are assessed and that the fees will not produce revenue that is significantly more than the costs of providing the services for which the fees are assessed.

The Controller shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted rates shall become operative on July 1.

History

(Ord. 270-85, App. 5/30/85; amended by Ord. 443-86, App. 11/13/86; Ord. 341-88, App. 7/28/88; Ord. 244-91, App. 6/24/91; Ord. 207-93, App. 6/25/93; Ord. 131-97, App. 4/18/97; Ord. 117-01, File No. 010515, App. 6/1/2001; Ord. 5-05, File No. 041588, App. 1/8/2005; Ord. 149-08, File No. 080744, App. 7/30/2008)

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