2009 California Health and Safety Code - Section 114380-114387 :: Article 1. Plan Review And Permits

114380.  (a) A person proposing to build or remodel a food facility
shall submit complete, easily readable plans drawn to scale, and
specifications to the enforcement agency for review, and shall
receive plan approval before starting any new construction or
remodeling of any facility for use as a retail food facility.
   (b) Plans and specifications may also be required by the
enforcement agency if the agency determines that they are necessary
to assure compliance with the requirements of this part, including,
but not limited to, a menu change or change in the facility's method
of operation.
   (c) (1) All new school food facilities or school food facilities
that undergo modernization or remodeling shall comply with all
structural requirements of this part. Upon submission of plans by a
public school authority, the Office of the State Architect and the
local enforcement agency shall review and approve all new and
remodeled school facilities for compliance with all applicable
requirements.
   (2) Except when a determination is made by the enforcement agency
that the nonconforming structural conditions pose a public health
hazard, existing public and private school cafeterias and licensed
health care facilities shall be deemed to be in compliance with this
part pending replacement or renovation.
   (d) Except when a determination is made by the enforcement agency
that the nonconforming structural conditions pose a public health
hazard, existing food facilities that were in compliance with the law
in effect on June 30, 2007, shall be deemed to be in compliance with
the law pending replacement or renovation. If a determination is
made by the enforcement agency that a structural condition poses a
public health hazard, the food facility shall remedy the deficiency
to the satisfaction of the enforcement agency.
   (e) The plans shall be approved or rejected within 20 working days
after receipt by the enforcement agency and the applicant shall be
notified of the decision. Unless the plans are approved or rejected
within 20 working days, they shall be deemed approved. The building
department shall not issue a building permit for a food facility
until after it has received plan approval by the enforcement agency.
Nothing in this section shall require that plans or specifications be
prepared by someone other than the applicant.

114381.  (a) A food facility shall not be open for business without
a valid permit.
   (b) A permit shall be issued by the enforcement agency when
investigation has determined that the proposed facility and its
method of operation meets the specifications of the approved plans or
conforms to the requirements of this part.
   (c) A permit, once issued, is nontransferable. A permit shall be
valid only for the person, location, type of food sales, or
distribution activity and, unless suspended or revoked for cause, for
the time period indicated.
   (d) Any fee for the permit or registration or related services,
including, but not limited to, the expenses of inspecting and
impounding any utensil suspected of releasing lead or cadmium in
violation of Section 108860 as authorized by Section 114393, review
of HACCP plans, and alternative means of compliance shall be
determined by the local governing body. Fees shall be sufficient to
cover the actual expenses of administering and enforcing this part.
The moneys collected as fees shall only be expended for the purpose
of administering and enforcing this part.
   (e) A permit shall be posted in a conspicuous place in the food
facility or in the office of a vending machine business.
   (f) Any person requesting the enforcement agency to undertake
activity pursuant to Sections 114149.1 and 114419.3 shall pay the
enforcement agency's costs incurred in undertaking the activity. The
enforcement agency's services shall be assessed at the current hourly
cost recovery rate.

114381.1.  In addition to the permit issued to each food facility
participating in a community event or swap meet, a permit shall be
obtained by the person or organization responsible for facilities
that are shared by two or more food facilities.
   (a) The permit application and site plan shall be submitted to the
enforcement agency at least two weeks prior to operation of any food
facility.
   (b) The site plan shall show the proposed locations of the food
facilities, restrooms, refuse containers, potable water supply
faucets, waste water disposal facilities, and all shared warewashing
and handwashing facilities.

114381.2.  A permit application shall be submitted to the
enforcement agency by each temporary food facility operator that
includes all of the following:
   (a) A site plan that indicates the proposed layout of equipment,
food preparation tables, food storage, warewashing, and handwashing
facilities.
   (b) Details of the materials and methods used to construct the
temporary food facility.
   (c) All food products that will be handled and dispensed.
   (d) The proposed procedures and methods of food preparation and
handling.
   (e) Procedures, methods, and schedules for cleaning utensils,
equipment, and structures, and for the disposal of refuse.
   (f) How food will be transported to and from a permanent food
facility or other approved food facility and the temporary food
facility, and steps taken to prevent contamination of foods.
   (g) How potentially hazardous foods will be maintained at or below
41*F or at or above 135*F.

114387.  Any person who operates a food facility shall obtain all
necessary permits to conduct business, including, but not limited to,
a permit issued by the enforcement agency. In addition to the
penalties under Article 2 (commencing with Section 114390), violators
who operate without the necessary permits shall be subject to
closure of the food facility and a penalty not to exceed three times
the cost of the permit.