* Editor’s note: For provisions on the institutional inspection commission, see Ch. 2.82 of this code.

A. Institutions shall comply with the provisions of this chapter, and Chapters 11.14, 11.16, 11.30, 11.32, and Sections 11.02.150, 11.02.180 through 11.02.200, 11.02.280, 11.02.300, 11.20.020 and 11.20.170 and other sections of this Division 1, except Chapter 11.04 and Part 1 of Chapter 11.02, as specifically mentioned herein.
B. For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended. (Ord. 2007-0089 § 96, 2007: Ord. 2004-0019 § 3, 2004: Ord. 8614 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 850, 1959.)

A. “Children’s boarding homes” means any institution providing room and board for the reception and care of one or more children below the age of 18 years, regardless of sex, unrelated to caretaker, in absence of parents or guardian, with or without compensation, but shall not include children’s camps, as defined in Chapter 11.08.
B. “Day nursery” or “day nursery school” means any establishment providing day or hourly care for children between the ages of two years, and four years and nine months, inclusive, but, shall not include any day nursery or day nursery school maintained by any public school or the federal government. If day care is also provided for children more than four years and nine months of age, but not providing a course of training similar to that given in any grade of public school, the establishment shall be considered as a day nursery or a day nursery school.
C. “Home for the aged” means any institution, boarding home or other place for the reception or care of one or more aged persons 65 years of age or older, except any hospital as defined in Section 1401 of the California State Health and Safety Code.
D. Where the word “institution” is used alone in this Division 1, except for Chapter 11.04 and Part 1 of Chapter 11.04, it means and includes homes for the aged, mental institutions, private or parochial day schools or colleges, day nurseries, day nursery schools, private or parochial boarding schools or colleges, and children’s boarding homes, but shall not include any institution or establishment maintained by any governmental agency.
E. “Mental institution” means any hospital, sanitarium or other place receiving or caring for one or more insane, allegedly insane, mentally ill, mentally retarded, alcoholic, epileptic or mentally incompetent persons, but shall not include any institution or establishment maintained by any federal or governmental agency.
F. “Private or parochial boarding school” means any institution providing room and board and giving a course of training similar to that given in any grade of public school or college, but shall not include any establishment maintained by a public school or college, nor shall it include children’s camps, as defined in Chapter 11.08.
G. “Private or parochial day school” means any establishment providing a course of training similar to that given in any grade of public school or college, but shall not include any establishment maintained by any public school, nor shall it include children’s camps, as defined in Chapter 11.08. (Ord. 7583 Part 3 Ch. 12 §§ 851--857, 1959.)

Every institution where children are kept shall maintain a registry, which shall show the name and birth date of each child and the name and address of the parents of persons having legal custody of such child, and shall be open to the inspection of the director. (Ord. 7583 Part 3 Ch. 12 § 859, 1959.)

A. Whenever, because of an unusually high incidence of communicable disease in the community, the director deems it necessary, he may order that each child, before enrolling in a private school, private boarding school, day nursery, day nursery school and children’s boarding home, be inspected for signs of communicable disease. Such inspections shall be made by and certified to, in writing, within 24 hours of enrollment, by a physician in good professional standing or by the director, and must reveal that such child showed no signs of communicable disease which would cause the child’s association with other children to be in any way detrimental to their health.
B. Every child, upon returning after an illness of more than three days to a private school, private boarding school, day nursery, day nursery school or children’s boarding home, shall present a certificate, signed by a physician in good professional standing or, other practitioner authorized or permitted by law to practice in this state, or by the director, stating that personal inspection of said child within 24 hours immediately preceding had revealed no signs of a communicable disease which would cause the child’s association with other children to be in any way detrimental to their health. Daily, on admission, each child shall be inspected for suspicious signs of communicable disease, and if a child is under six years of age, such inspection shall be made before the child mingles with others. It shall be the duty of the principal, or other person in charge of any of the institutions referred to in this section, immediately to isolate any child or other person affected with an illness presumably communicable, and immediately make arrangements for his care in isolation quarters or exclusion from the institutions as required by the director. Whenever required by Section 120250 of the Health and Safety Code, the department of public health shall be notified that such child has been isolated or excluded, pending presentation of a readmission certificate. If the attending physician, school physician, or the director finds, upon examination, that the child is not suffering from a communicable disease, he may submit a certificate to this effect to the school authority, who shall readmit the person. (Section 2526, Title 17, California Code of Regulations.)
C. If upon examination the child is found to be suffering from a communicable disease which, according to State Health Department regulations is subject to strict isolation or quarantine of contacts, Section 120545 of the California Health and Safety Code shall apply. “No instructor, pupil or child who resides where any contagious, infectious, or communicable disease exists or has recently existed, which is subject to strict isolation or quarantine of contacts, shall be permitted by any superintendent, principal, or teacher of any college seminary or public or private school to attend the college, seminary, or school, except by the written permission of the Health Officer.” If upon examination the child is found to be suffering from a communicable disease other than one requiring strict isolation or quarantine, the readmission certificate or permit may be signed by the attending physician, school physician or director of public health. (Ord. 2006-0040 § 97, 2006: Ord. 7583 Part 3 Ch. 12 § 868, 1959.)

Every institution shall have a separate, approved room or rooms available for isolation purposes. (Ord. 7583 Part 3 Ch. 12 § 869, 1959.)

In homes for the aged, mental institutions, private boarding schools and children’s boarding homes, sleeping rooms shall have a ceiling height of not less than eight feet, beds shall be kept at least three feet apart, the window areas shall be as required by the Building Code for new structures of that occupancy, and all rooms shall be well lighted and ventilated to the outside air, with at least one-half the required window area openable; provided, however, that such window area need not be openable if an approved air-conditioning system is provided. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 872, 1959.)

All institutions wherein beds are used shall provide an adequate amount of clean bedding, and springs and mattresses in good repair. All such beds, springs and mattresses shall be maintained in a sanitary condition and, after being used by one person, shall be thoroughly cleaned before being used by another person. Institutions shall provide an adequate amount of washcloths, hand and bath towels, and other linen necessary to properly care for the persons therein. (Ord. 7583 Part 3 Ch. 12 § 870, 1959.)

All gas or oil heaters shall comply with the provisions of Section 11.20.210, 11.20.220 and 11.20.230 of this Division 1. An effective barrier or protection shall be provided for each heater or fireplace to prevent injury to persons using such heaters or fireplaces. (Ord. 7583 Part 3 Ch. 12 § 867, 1959.)

All play equipment shall be maintained in a safe condition and in a state of good repair, and shall be securely installed. Play yards shall be properly drained, of an even surface, and free from all rubbish and refuse. (Ord. 7583 Part 3 Ch. 12 § 866, 1959.)

All poisons and drugs in an institution shall be kept in locked cupboards or stored in a safe manner approved by the department of public health. (Ord. 2006-0040 § 98, 2006: Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 879, 1959.)

All milk used or served in an institution shall be pasteurized and shall be from a source approved by the director, except that certified milk may be used where not prohibited by state law or state regulations. (Ord. 7583 Part 3 Ch. 12 § 863, 1959.)

Employees’ quarters shall be maintained in a clean sanitary condition, and shall comply with the provisions of Sections 11.20.050, 11.20.090, 11.20.140, 11.20.160, 11.20.170, 11.20.190, 11.20.210 through 11.20.240, 11.20.280 through 11.20.310, 11.20.330 and 11.24.010. One toilet, one lavatory, and one bath or shower for each 10 employees or fraction thereof, of each sex shall be maintained in such employees’ quarters. (Ord. 2007-0089 § 97, 2007: Ord. 2004-0019 § 4, 2004: Ord. 7583 Part 3 Ch. 12 § 865, 1959.)

All employees and owners, while engaged in the preparation or serving of food in an institution, shall wear clean outer garments, shall keep their hands clean, and shall not expectorate or use tobacco, in any form, while so engaged. (Ord. 7583 Part 3 Ch. 12 § 871, 1959.)

Any institution that prepares and serves food shall be provided with at least one two-compartment sink in the kitchen, and such kitchen shall comply with the provisions of Sections 11.12.010, 11.12.030, 11.12.040, 11.12.090 through 11.12.120, 11.12.160, 11.12.180 through 11.12.210, 11.12.230, 11.12.240, 11.12.260, 11.12.270, 11.12.300 and 11.12.320 of this Division 1. (Ord. 7583 Part 3 Ch. 12 § 860, 1959.)

Every home for the aged, mental institution, private boarding school and children’s boarding home caring for more than 15 persons or children, or any day nursery school having more than 20 children and serving at least one meal a day, shall be provided with an approved mechanical dishwasher. (Ord. 7583 Part 3 Ch. 12 § 862, 1959.)

All dishes, glasses and other utensils used in the preparation and serving of food shall be free from cracks and chips. All eating and drinking utensils, except single-service, shall be thoroughly cleaned and then effectively subjected to sanitization in an approved dishwashing machine providing 180 degree Fahrenheit hot rinse water, in accordance with the manufacturer’s instructions and the standards of the National Sanitation Foundation. (Ord. 2006-0040 § 99, 2006: Ord. 7583 Part 3 Ch. 12 § 861, 1959.)

It is unlawful for any person who is afflicted with an infection or contagious disease to work in a kitchen, or to prepare, serve or handle food. (Ord. 7583 Part 3 Ch. 12 § 858, 1959.)

Every kitchen shall be provided with a conveniently located toilet and lavatory for the use of kitchen workers. No toilet room shall open directly into any room where food is prepared, stored or served. Such toilets shall comply with the provisions of Section 11.20.190 of this Division 1. (Ord. 7583 Part 3 Ch. 12 § 864, 1959.)

A. Sewage disposal systems shall be maintained in an efficient and sanitary manner. Sewage shall be discharged either into sanitary sewers or into approved private sewage disposal systems.
B. All institutions installing new private sewage disposal systems shall install approved treatment plants or septic tanks. The effluents of such septic tanks shall discharge into seepage pits or subsurface leaching lines of adequate capacity to prevent insanitary conditions. (Ord. 7583 Part 3 Ch. 12 § 878, 1959.)

In addition to the provisions of Part 1 of this chapter, day nurseries and day nursery schools shall comply with the following provisions:
A. On each floor of every day nursery and day nursery school building, any part of which is used for the care of children between the age of two years and the age of four years and nine months, there shall be provided one water flush toilet for the first 14 children or fractional part thereof, and one lavatory for the first 14 children or fractional part thereof. An additional toilet and lavatory shall be provided for every 10 children or fraction thereof above 14. Toilets and lavatories shall be of suitable height and size as to be reached easily by the children. Adjustable steps for young children shall be available.
B. There shall be provided one conveniently located toilet and hand-washing facility, separate from the general-use toilets, for isolation, staff and emergency use. Toilet facilities shall comply with the provisions of Section 11.20.190 of this Division 1. (Ord. 7583 Part 3 Ch. 12 § 875, 1959.)

In addition to the provisions of Part 1 of this chapter, private day schools, day nurseries, day nursery schools and children’s boarding homes shall comply with other sections of this Division 1 pertaining specifically thereto, and with the following provision:
Any room or rooms in any building of a private day school, day nursery, day nursery school or children’s boarding home used for daytime rest period or day play area shall not have less than 35 square feet of superficial floor area for each child. Such rooms shall have a ceiling height of not less than eight feet and, shall be well lighted and ventilated to the outside air. Windows shall be not less than one-eighth of the superficial floor area and shall be one-half openable. (Ord. 7583 Part 3 Ch. 12 § 876, 1959.)

The classrooms in private day schools, private boarding schools, day nurseries and day nursery schools shall comply with the provisions of Sections 11.24.230 through 11.24.300. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 877 (part), 1959.)

The floors, walls and ceilings shall be kept clean. The walls of every classroom shall be so treated and maintained that the reflector factor is not more than 80 percent nor less than 40 percent. The ceilings of every classroom shall be so treated and maintained that the reflection factor is not more than 80 percent nor less than 60 percent. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 877 (a), 1959.)

Every classroom shall have good ventilation. Every classroom shall have a ceiling height of not less than eight feet. The occupant load of each classroom shall be in conformance with the requirements of the Building Code and the County Fire Code. (See Titles 26 and 32 of this code.) (Ord. 8588 § 1 (part), 1964: Ord. 7624 § 1, 1959: Ord. 7583 Part 3 Ch. 12 § 877 (c), 1959.)

Classrooms shall be properly heated when in use. The temperature shall be sufficient for the maintenance of health and comfort of the pupils, and shall in no case be below 68 degrees Fahrenheit, measured at a height of two feet above the floor. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 877 (b), 1959.)

In every classroom of a private day school or private boarding school constructed, or any room converted into a classroom, the window area shall be not less than one-eighth of the floor area as required for new structures by the Building Code, and shall be one-half openable unless such school is completely air-conditioned. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 877 (e), 1959.)

Classrooms shall be so illuminated when in use that:
A. There is not less than 30 to 50 footlamberts of illumination in every part of the classroom, measured 30 inches above the floor;
B. There is no direct glare;
C. Indirect glare is reduced to a minimum. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 877 (d), 1959.)

All seats and desks shall be maintained in good repair. All seats shall have backrests. Seats shall be of such height that any pupil sitting therein in a normal position can comfortably rest his feet upon the floor. Seats shall be so placed that no pupil, when sitting in a normal position in any one of them, shall face a window. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 877 (f), 1959.)

In each building of a private day school containing one or more classrooms on each floor, the toilet facilities shall be as provided by the Building Code. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 877(g) 1959.)

In addition to the provisions of Part 1 of this chapter, private boarding schools and children’s boarding homes shall comply with the provisions set out in this Part 3. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 874 (part), 1959.)

No person providing overnight care in a private boarding school or in a children’s boarding home shall cause, permit or suffer any child to sleep in any room except a room used exclusively for sleeping purposes. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 874 (e), 1959.)

Where a private room is provided for one child, there shall be not less than 80 square feet of superficial floor area. Where a dormitory or semiprivate room is occupied by more than one child, there shall be provided not less than 60 square feet of superficial floor area for each such child. No double-deck beds shall be installed or used. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 874 (a), 1959.)

Drinking facilities shall be available on each floor. When drinking facilities other than drinking fountain are provided, individual drinking cups shall be available. When drinking fountains are used, approved angle-jet drinking fountains shall be provided. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 874 (c), 1959.)

All children in a private boarding school and children’s boarding home shall be provided with an individual cup, comb, toothbrush, towel and washrag. These articles shall be maintained in a clean and sanitary condition at all times. Facilities shall be provided for the keeping or storage of each child’s personal effects and belongings. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 874 (f), 1959.)

In each building of a private boarding school containing one or more classrooms on each floor, the toilet facilities shall be as required by the Building Code. Such toilet facilities shall comply with the provisions of Section 11.20.190 of this Division 1. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 874 (d), 1959.)

A. On each floor of every private boarding school or children’s boarding home which is used for sleeping purposes for children up to the age of 16 years, there shall be provided for each 10 children or fractional part thereof, for each sex, conveniently located for the use of such children, not less than:
1. One water closet;
2. One bathtub or shower;
3. Two lavatories;
4. When there are 20 or more boys cared for, the director may require one or more urinals.
B. Such toilet facilities shall comply with the provisions of Section 11.20.190 for children below six years of age, separate facilities for each sex shall not be required. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 12 § 874 (b), 1959.)

In addition to the provisions of Part 1 of this chapter, homes for the aged and mental institutions shall comply with the provisions set out in this Part 4. (Ord. 7583 Part 3 Ch. 12 § 873 (part), 1959.)

No person shall be kept, cared for, or maintained as a boarder or patient in any sleeping room existing as of September 25, 1959, which has less than 80 square feet of superficial floor area. Where a ward or semiprivate room is occupied by more than one person, there shall be provided not less than 60 square feet of superficial floor area for each person. (Ord. 7583 Part 3 Ch. 12 § 873 (a), 1959.)

No person shall be kept, cared for or maintained as a border or patient in any sleeping room which has less than 100 square feet of superficial floor area. When two or more persons are kept in any sleeping room, not less than 70 square feet of superficial floor area for each person shall be required. (Ord. 7583 Part 3 Ch. 12 § 873 (b), 1959.)

Each bedroom, or bed in a ward shall be provided with a table or similar facility for the keeping of personal belongings of each individual inmate. Sufficient additional storage facilities shall be provided for the reasonably safekeeping of articles or personal belongings which are not in daily use. (Ord. 7583 Part 3 Ch. 12 § 873 (c), 1959.)

All bedpans, washbasins, mouthwash cups and other utensils used by patients and inmates shall be free from cracks or chips. Bedpans used individually shall be properly stored, marked and thoroughly cleaned after each use. Bedpans not individually used shall be sterilized after each use by boiling in water for 30 minutes, or autoclaved (15 pounds pressure for 30 minutes). All bedpans and urinals shall be sterilized once a week by boiling in water for 30 minutes, or autoclaved (15 pounds pressure for 20 minutes). (Ord. 7583 Part 3 Ch. 12 § 873 (d), 1959.)

A. Utility Rooms. Utility rooms of adequate size shall be provided for any home for the aged or mental institution which has bed patients. Such rooms shall be provided with a bedpan hopper or its equivalent. Bathtubs, lavatories and laundry trays shall not be used for the cleaning of bedpans.
B. Water Closets and Lavatories. Where seven or more ambulatory or semiambulatory patients or aged boarders are cared for or housed, there shall be provided at least one water closet and one lavatory for each seven patients, or fractional part thereof, of each sex, within the building. Where there are less than seven ambulatory or semiambulatory patients or aged boarders, there shall be one water closet and one lavatory, regardless of sex.
C. Baths and Showers. Where there are 10 or more ambulatory or semiambulatory patients or aged boarders cared for or housed, there shall be provided at least one bath or one shower for each 10 patients, or fractional part thereof, of each sex, within the building. Where there are less than 10 ambulatory or semiambulatory patients, or aged boarders, there shall be at least one bath or one shower, regardless of sex.
D. Such toilet rooms, baths and showers shall comply with the provisions of Section 11.20.190 of this Division 1. (Ord. 7583 Part 3 Ch. 12 § 873 (e), 1959.)

Adequate emergency lighting facilities shall be provided and distributed so as to be readily available to the personnel on duty. An open-flame light shall not be used at any time. (Ord. 7583 Part 3 Ch. 12 § 873 (f), 1959.)