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Any person, firm or corporation, violating the provisions of Section 688 of this Article, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 and not to exceed $25 or by imprisonment in the County Jail for not more than 25 days or by both such fine and imprisonment.
(a) Materials and Cleaning Thereof. It shall be unlawful for any person, firm or corporation to sell or offer for sale, soiled clothes or rags, or soiled or disused or cast-off underclothing, garments, bedding, bedclothes or parts thereof for use as wiping rags unless the same have been cleansed and sterilized by a process of boiling continuously for a period of 40 minutes in a solution containing at least five percent of caustic soda.
It shall be unlawful for any person, firm or corporation employing mechanics, workmen or laborers to furnish or supply such employees for use as wiping rags, soiled clothes or rags, or soiled or disused or cast-off underclothing, garments, bedclothes, bedding or parts thereof unless the same have been cleansed and sterilized in the manner herein prescribed.
(b) Definition. Wiping rags within the meaning of this Section are cloths and rags used for wiping and cleaning the surfaces of machinery, machines, tools, locomotives, engines, motorcars, automobiles, cars, carriages, windows, furniture and surfaces of articles, in factories, shops, steamships and steamboats, and generally in industrial employments; and also used by mechanics and workmen for wiping from their hands and bodies soil incident to their employment.
(c) Sterilization. All soiled cloths and rags and soiled and disused and cast-off underclothing, garments, bedclothes, bedding and parts thereof, before being offered for sale, or sold or furnished for use as wiping rags must be subjected to a process of sterilizing approved by the Director of Public Health of the City and County of San Francisco, including the process of boiling for a period of 40 minutes in a solution of caustic soda mentioned in this section. Before washing, all sleeves, legs and bodies of garments must be ripped and opened and all garments made into flat pieces.
(d) Use of Premises. It shall be unlawful for any person, firm or corporation to wash, cleanse, sterilize, or dry, disused or cast-off clothing, garments, underclothing, bedclothes, bedding or parts thereof, or soiled cloths or rags in the same building or by the same machines or appliances by which clothing, bedding, or other articles for personal or household use are laundered.
(e) Labels. Each package or parcel of wiping rags before being sold must be plainly marked "Sterilized Wiping Rags," with the number and date of the certificate given by the Director of Public Health of the said city and county for the conducting of a laundry in which the rags contained in such package or parcel were cleansed and sterilized or with the name and location of the laundry in which said rags were cleansed and sterilized.
(f) Imported Wiping Rags. Wiping rags imported into this city and county from other cities, counties or states, shall not be used, sold or offered for sale, unless they have been cleansed and sterilized as herein required or unless such imported rags are inspected by the Director of Public Health, and a certificate given by him that such rags have been inspected and cleansed and sterilized as required by this Section.
(g) Inspection, Etc. The Director of Public Health shall inspect all wiping rags and give a certificate to that effect when the rags inspected have been cleansed and sterilized as required by this Section. Such certificate shall also state the date of inspection, the quantity and number of parcels inspected, the name of the owner and the place where the wiping rags were cleansed and sterilized.
All persons having wiping rags in their possession for sale or for use shall, upon demand of any officer of the Department of Public Health or any police officer, exhibit such wiping rags for inspection and give all information as to where and from whom said wiping rags were obtained.
It shall be unlawful for any person, firm or corporation to establish or maintain a laundry for cleaning or sterilizing wiping rags or soiled clothes or rags or soiled and disused or cast-off clothing, garments, underclothing, bedclothes, bedding or parts thereof, within the limits of the City and County of San Francisco, without having first complied with Section 354 of Article 7 hereof, regulating the conducting of public laundries and obtain a permit therefor as required by Section 695 of this Article. No person, firm or corporation shall engage in the business of laundering, cleaning or sterilizing cloths or material for wiping rags, or selling wiping rags without a permit therefor from the Department of Public Health. Such permit shall be granted as a matter of course on the first application, and may be revoked by the Department of Public Health for violation by the holder of any of the provisions of Section 694 of this Article. Subsequent permits to a person, firm or corporation in place of a permit revoked may be granted or refused at the discretion of the Department. The Department of Public Health shall keep a register of all persons engaged in laundering, cleaning, sterilizing or selling wiping rags, and shall enter therein the place of business, the date of issue and the revocation of permit.
No person, firm or corporation shall use within the City and County of San Francisco, hydrocyanic gas, cyanogen or chloropicrin, or any other poisonous, noxious or dangerous gases or fumes which are dangerous to the life or health of human beings, for the purpose of fumigating, without first obtaining a permit from the Director of Public Health so to do.
Provided, however, that nothing in this Section or Section 701 of this Article shall be construed to apply to any fumigations on property of the State of California, or to mandatory fumigations under the supervision of any department of the State of California, or U.S. government.
Provided, further, that fumigations with poisonous gases conducted in warehouses on property other than that of the State of California shall be so conducted as to comply with the safety measures approved by the Department of Public Health, and the person, firm or corporation responsible for such fumigation shall notify the Bureau of Fire Prevention and Public Safety of the San Francisco Fire Department as to the exact location of said fumigation, and the time that said fumigation is to take place.
(a) Application, etc. Application for such permit shall be upon blanks provided by the Director of Public Health and shall state the name of the applicant, the particular character of gas to be used, the purposes and place where the same is to be used, the probable amount thereof which will be used during the existence of said permit, and the name of the person who will have direct charge of the use of said gas. Before issuing a permit for the use of said gas, the Director of Public Health shall inquire into the training, experience, character and reputation of the applicant for said permit and of the person who is to have direct charge of the use of said gas, and may cause said applicant or said person to appear before him for the purpose of ascertaining the qualifications of said applicant or of said person in regard to the use of said gas and the regulations governing said use. The Director of Public Health shall have full power and authority to refuse to grant any permit for the use of said gas should he determine that the manner in which said gas is to be used, or the place where it is to be used, is dangerous to life or health, or the person under whose direction it is to be used has not sufficient qualifications to use it safely.
Every permit issued under authority of this Section shall state the place where said gas is to be used, the character thereof, the probable amount thereof to be used, the name of the person, firm or corporation authorized to use the same, and the name of the person in direct charge of said use; provided, however, that when a permit is issued to any person, firm, or corporation engaged in the general business of fumigation at places other than a fixed place of business, said permit need not specify the various places where said gas is to be used.
The permit provided in Section 700 shall set forth the commercial uses permitted and shall be valid until suspended or revoked. Said permit shall not be transferable and shall be deemed revoked upon sale, transfer or assignment of the commercial use for which the permit was issued.
A permit may at any time be suspended or revoked for cause after a hearing by the Department of Public Health. Upon suspension or revocation, the premises for which the permit was issued, shall be posted with the order of the Department.
(b) Special Permits. Any person, firm or corporation engaged in the business of fumigation at places other than a fixed place of business shall, at least 24 hours before generating or releasing any of the gases mentioned in Sections 700 and 701 of this Article, make application to the Director of Public Health for a special permit so to do. Said application shall state the location of the building or enclosed space to be fumigated, the day and hour when such fumigation shall take place and the name of the person who will be in direct charge of said fumigation. The Director of Public Health shall have full power and authority to refuse to grant any special permit for the use of said gas should he determine that the manner in which said gas is to be used, or the place where it is to be used is dangerous to life of health or the person under whose direction it is to be used has not sufficient qualifications to use it safely. Upon approval by the Director of Public Health, a special permit to generate or release said gas for fumigation purposes at the place indicated in said application shall be issued. Such special permit shall be posted on the premises to be fumigated, and should the applicant therefor be unable to do the work on the day and hour set forth in said special permit, he shall notify the Director of Public Health at least six hours prior to said time, and thereupon the Director of Public Health shall specify a new time for the fumigation of the premises or space specified in said special permit. The inspection fee for inspecting the work actually done shall be computed as follows: at the rate per hour based on total cost to the City and County of San Francisco or fraction thereof incident to each inspection. Upon completion of the work for which a special permit has been issued the permittee shall be billed for all inspection costs. If any inspection fees herein provided shall not be paid within 30 days after billing by the Health Department, 25 percent of the amount thereof shall be added thereto as a penalty for nonpayment. Failure to pay fees and penalties within 60 days after billing shall be deemed cause for denial of any future special permits to the delinquent permittee.
(c) Rules and Regulations. The Director of Public Health shall have power to make and enforce all reasonable rules and regulations for carrying out the purpose of this Section which are not in conflict therewith.
(Amended by Ord. 278-72, App. 9/28/72)
"Any article of food or any article which may be used for food by human beings or by animals, or any chemical or other substance which may be added to food or to foodstuffs, alcoholic beverages, or any drug or compounded drugs, medicines, toilet articles, cosmetics, lotions, liniments or similar articles, or any commodity, powder, liquid or solid compound or mixture used or to be used in and about any home, household, hotel, apartment house, or dwelling for cleaning, disinfecting or deodorizing purposes, including insecticides and similar articles, or tobacco or tobacco products, when the packages, cans, cartons or other containers in which the individual containers of said articles are packed for shipment or sale are damaged, torn, broken, swollen, wet, burned or rusted, or where the individual containers of said articles are damaged, torn, broken, swollen, wet, burned or rusted, or where the labels on the individual containers of any such articles are defaced so that the name of the manufacturer or packer originally appearing on said label cannot be ascertained, such damage or distress of merchandise being caused by reason of shipment of same by rail, plane, motor transport or ship, or by smoke, fire or water."
A "dealer" in salvaged goods and merchandise is hereby defined to be a person who, either exclusively or in connection with any other business, buys, sells, distributes or deals in salvaged goods and merchandise, and/or who labels or relabels, bulks from smaller packages, packages from bulk, or in any manner reconditions salvaged goods or merchandise; provided, however, that persons merely selling salvaged goods or merchandise to salvage "dealers" as well as those who purchase from salvage "dealers" salvaged goods or merchandise which has been inspected and is in compliance with all rules and regulations pertaining to labeling, re-labeling, bulking and reconditioning, and sell same directly to the retail trade, shall not be considered "dealers" in salvaged goods and merchandise.
A "licensed dealer" is a "dealer" who holds a current and valid dealer's permit from the Directors of Public Health.
No person shall engage in the business of selling or distributing salvaged goods or merchandise, as defined in Section 706 of this Article, in the City and County of San Francisco, nor shall any person sell or distribute, or offer for sale or distribution, any salvaged goods or merchandise in said City and County without first obtaining a permit to do so from the Director of Public Health.
(a) Applications. Applications for such permits shall be upon blanks provided by the Department of Public Health and shall state the name of the person applying for same, the general character of salvaged goods or merchandise which will be dealt in, sold or distributed, and the place where said business is to be carried on, and if said applicant is not regularly engaged in the business of dealing in salvaged goods and merchandise, then the place where the sale or distribution of said salvaged goods and merchandise shall take place, as well as the place where the said salvaged goods and merchandise are stored and the general character thereof. Nothing contained in this Section or in Sections 706, 708 and 709 of this Article shall prevent a person who is not a salvage "dealer" as defined in Section 706 of this Article and who is the owner or custodian of any salvaged goods or merchandise from selling or distributing the same if said salvaged goods or merchandise are inspected by the Department of Public Health and a permit for the sale and distribution thereof is issued by said Department; the cost of said inspection to be paid for by the person requesting said permit before the same is issued at the rate of $7.50 per hour.
The permit provided in Section 707 shall set forth the commercial uses permitted and shall be valid until suspended or revoked. Said permit shall not be transferable and shall be deemed revoked upon sale, transfer or assignment of the commercial use for which the permit was issued.
A permit may at any time be suspended or revoked for cause after a hearing by the Department of Public Health. Upon suspension or revocation the premises for which the permit was issued shall be posted with the order of the Department.
(b) Investigation of Applicants. The Director of Public Health, before issuing any permit to any person to engage in the business of selling or distributing salvaged goods or merchandise, shall make an investigation of the character of the applicant, his methods of storing, handling and receiving said salvaged goods and merchandise, and shall exercise his sound discretion in granting or refusing to grant said permit, and if said permit is requested by a person not regularly engaged in the business of dealing in salvaged goods or merchandise, the said Director of Public Health shall investigate the condition of said salvaged goods or merchandise to be sold or distributed by said person, and if he finds that said salvaged goods or merchandise are in such condition that the same may be used for the purpose for which they were manufactured or packed, he may issue a permit for the sale and distribution of the same.
Any person not regularly engaged in the business of selling or disposing of salvaged goods or merchandise and who is the owner of, or has under his control any such goods or merchandise may sell or dispose of the same to a licensed "dealer" as defined in Section 706 of this Article, and any person who shall receive salvaged goods or merchandise from any licensed "dealer" or from any person having a permit to sell the same, need not obtain any additional permit for the purpose of selling or distributing the same to the general public; provided, that said salvaged goods or merchandise have been inspected by the Department of Public Health and approved for sale to the public.
(Amended by Ord. 93-68, App. 4/19/68)
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