HomeMy WebLinkAbout97-3 - Amending Chapter 14.30 of the Newport Beach Municipal Code Pertaining to Commercial Kitchen Grease Disposal�J
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ORDINANCE NO. 97- 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING CHAPTER 14.30 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO COMMERCIAL KITCHEN GREASE
DISPOSAL
The City Council of the City of Newport Beach does hereby ordain as follows:
SECTION 1: The City Council hereby finds and declares as follows:
A. Commercial kitchens produce grease as a by- product of their operations,
which, if not properly disposed of, creates the potential for blockage of City sewer lines,
resulting in damage to both public and private property, and spillage that has the potential
to damage water quality in Newport Bay.
B. The current edition of the Uniform Plumbing Code requires new
commercial kitchens that have the potential to produce a significant amount of grease to
have grease control devices. Newport Beach has a large number of commercial kitchens
that commenced operation prior to the adoption of current codes and which do not have
grease control devices. These commercial kitchens require the City to do additional
preventive maintenance on sewer lines as well as respond to and clean up blockages and
spillages caused by improper grease disposal. However, the City Council does not wish
to impose cost - prohibitive new grease disposal requirements on existing commercial
kitchens rather, that these establishments come into compliance with then current codes
when substantial improvements are made or a change in operations occurs with
participation in the City's costs of preventative maintenance until such time as they
comply with current codes.
Ord. 97 -3
B. Residential, industrial and office uses,discharge substantially smaller
• quantities of grease into the City sewer system than commercial kitchens . The provisions
of this Chapter are not properly applied to those uses since they do not cause frequent
blockages or require additional preventative maintenance of sewer lines.
SECTION 2: Chapter 14.30 of the Newport Beach Municipal Code is amended
to read as follows:
CHAPTER 14.30
COMMERCIAL KITCHEN GREASE DISPOSAL
Sections:
14.30.010
14.30.020
14.30.030
• 14.30.040
14.30.050
14.30.060
14.30.070
14.30.080
14.30.090
Intent and Purpose.
Definitions.
Food Grinders Prohibited.
Grease Control Device Required.
Exceptions - Grease Disposal License.
Appeals.
Maintenance Requirements.
Violations.
Penalties for Violation.
SECTION 14.30.010. Intent and Purpose.
It is the intent of this Chapter to establish regulations for the disposal of grease
and other insoluble waste discharges from commercial kitchens within the City. The City
Council, in enacting the ordinance codified in this Chapter, intends to provide for the
maximum beneficial public use of the City's sewer system, to prevent blockages of that
system and accidental discharge of grease into Newport Bay, to ensure the cost of
maintaining the public sewer system is equitably distributed amongst users, to clarify
• grease disposal requirements for existing commercial kitchens, and to promote public
health and safety.
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SECTION 14.30.020. Definitions.
• A. "Commercial kitchen' shall mean any business operating in Newport
Beach as a full service or take -out restaurant, catering kitchen, employee cafeteria, or any
other facility engaged in preparing and heat - processing food for consumption by the
public or employees and which uses any equipment that produces grease vapors, steam,
fumes, smoke or odors that are required to be removed by a Type I or Type H hood.
Establishments engaged only in assembling or serving food that is prepared entirely off
site, and whose kitchen equipment consists only of beverage warmers and microwaves
are not considered commercial kitchens..
B. "Change in operations" means any modification in the operational
procedures of a commercial kitchen which has the potential to significantly increase the
• amount of grease generated by food preparation including, without limitation, any
substantial increase in the net public area, any substantial increase in the hours of
operation, any significant increase in the size of the kitchen or the number of food
service or food preparation employees, or any significant change in the size or type of
food preparation equipment.
C. "Food grinder" shall mean any device installed in the sewage system for
the purpose of disposing food waste in the public sewer system.
D. "Grease" shall mean any oil, fat, or oily, fatty substance such as vegetable
or animal fat that turns or may turn viscous or solidifies with a change in temperature or
other conditions.
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E. "Grease control device" shall mean any grease interceptor, grease trap or
• other mechanism which attaches to wastewater plumbing fixtures for the purpose of
collecting grease for off -site disposal.
F. "Person" shall mean any individual, firm, corporation, partnership,
association or other group or combination of individuals acting as a business unit.
G. "Remodeling" shall mean any physical change to a commercial kitchen
that requires a building permit and involves under slab plumbing work in a food
processing area.
G. "Wastewater" shall mean water containing animal or vegetable matter and
water, whether treated or untreated, discharged into or permitted to enter a public sewer.
SECTION 14.30.030. Food Grinders Prohibited.
isThe installation and use of food grinders shall be prohibited in all new commercial
kitchens in new or existing buildings, in all existing commercial kitchens undergoing
remodeling, and in all existing food preparation and service establishments undergoing
remodeling or a change in operations such that they would become a commercial
kitchen.
SECTION 14.30.040. Grease Control Device Required.
A. All commercial kitchens shall have grease control devices as required by
the Uniform Plumbing Code, or shall otherwise comply with the provisions of this
Chapter.
B. New commercial kitchens in new or existing buildings shall have grease
control devices as required by the Uniform Plumbing Code.
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C. Existing commercial kitchens undergoing remodeling or a change in
• operations shall have grease control devices as required by the Uniform Plumbing Code.
D. Existing food preparation and service establishments and commercial
kitchens undergoing remodeling or a change in operations shall have grease control
devices as required by the Uniform Plumbing Code
E. The Building Director shall not issue a Certificate of Occupancy for a
commercial kitchen which is required to have a grease control device until such device
has been installed and inspected and approved by the Building Department.
SECTION 14.30.050. Exceptions - Grease Disposal License.
A. Commercial kitchens and food preparation and service establishments that
would become commercial kitchens upon completion of remodeling or a change in
• operations may obtain a grease disposal license in lieu of installing a grease control
device upon a determination by the Building Director that there are physical limitations
to a property that make the installation of a grease control device infeasible or contrary to
other laws.
B. A grease disposal license shall require the payment of an annual fee to
defray a portion of the City's costs of maintaining the sewer system free of grease and
resultant blockages. This fee shall be established by resolution of the City Council, and
shall be limited to the incremental increase in the cost of preventive maintenance
attributable to the licensee. The Building Director shall not issue a Certificate of
Occupancy for any commercial kitchen that obtains a grease disposal license until the first
annual fee has been paid to the City.
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C. Persons seeking a Grease Disposal License shall complete and file with the
• Building Director an application on the form prescribed by the City. Applications shall
be accepted only from the owner or operator of the commercial kitchen or food
preparation and service establishment. The application shall be accompanied by the
applicable fee. The applicant shall provide the following information:
(1) Name and address of applicant;
(2) Address of premises for which the license is requested;
(3) Site plan showing property lines, easements, structures, and any
other features that limit the installation of a grease control device;
(4) Description of food processing, type and number of meals to be
served, cleanup procedures, size of kitchen, and dining room capacity;
(5) List of kitchen appliances, fixtures and ventilating equipment;
(6) Volume and type of wastewater to be discharged; and
(7) Any other information deemed necessary by the Building Director
to evaluate the application.
D. A Grease Disposal License shall be valid for one year, and shall be
automatically renewed, provided:
(1) There has been no remodeling of the premises, or change in
operations; and
(2) The Licensee has not violated this Chapter, the Uniform Plumbing
Code, or other laws during the previous year; and
(3) The annual in -lieu fee is paid.
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SECTION 14.30.060. Appeals.
• Any decision of the Building Director pursuant to this Chapter may be appealed
by any interested party to the Building Board of Appeals, pursuant to Section 15.02.020
of the Newport Beach Municipal Code.
SECTION 14.30.070. Maintenance Requirements.
A. Each commercial kitchen with a grease control device shall be required to
employ an appropriate service or procedures for periodic collection of accumulated grease
from any grease control device. The collection period shall be as set forth in the
plumbing permit for the grease control device, but in no case more than three (3) month
intervals. No accumulated grease shall be introduced into any sewer lateral, public sewer,
storm drain, or public way.
• B. Each commercial kitchen with a grease control device shall be required to
keep records of cleaning, maintenance and grease removal.
C. Each commercial kitchen with a grease control device shall allow City
representatives access to the premises, by appointment during normal business hours, for
purposes of sampling, inspections and review of records relating to the plumbing permit.
SECTION 14.30.080. Violations.
A. The owner and oeprator of a commercial kitchen shall be in violation of
this Chapter if he or she :
(1) Fails to install a grease control device as required by the Uniform
Plumbing Code and this Chapter;
(2) Fails to obtain a Grease Disposal License as required by this
• Chapter;
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(3) Makes any false statement, representation, record, report, plan or
is other document filed with the Building Director;
(4) Tampers with or knowingly renders inoperable any grease control
device required under this Chapter;
(5) Fails to fulfill maintenance, cleaning and record- keeping
requirements as required by permit and this Chapter; or
(6) Refuses City representatives reasonable access to a commercial
kitchen for the purposes of inspecting or monitoring.
B. Any willful failure to comply with a provision of this Chapter shall
constitute a violation, regardless of whether the failure to comply is caused by the
pemvttee /licensee or an employee or agent of the permittee/licensee.
• C. Where the failure to comply is continuing and intentional, each successive
failure to comply shall be a separate and distinct violation.
SECTION 14.30.090. Penalties for Violation.
Any violation of this Chapter shall be subject to the penalties provided in Chapter
1.04 of the Newport Beach Municipal Code.
SECTION 3: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more
• sections, subsections, sentences, clauses and phrases may be declared unconstitutional.
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Ord. 97 -3
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within fifteen (15) days after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on the 13th day of January , 1997 , and adopted on
the 27thday of January , 19 97 , by the following vote, to wit:
ATTEST:
CITY CLERK
AYES, COUNCILMEMBERS DEBAY, GLOVER,
EDWARDS, NOYES, O'NEIL, THOMSON
NOES, COUNCILMEMBERS NONE
MAYO Q)4
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 97 -3 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th
day of January, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, and Mayor Debay
Noes: None
Absent: Hedges
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of January, 1997.
City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF NEWPORT BEACH
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 97 -3 has been duly and regularly published according to law and the order
of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper
of general circulation on the following date, to wit: February 3, 1997.
In witness whereof, I have hereunto subscribed my name this 24th day of
February 1997.
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City Clerk of the City of
Newport Beach, California