California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 7 - Standards for the Establishment and Operation of Vending Facilities › Section 7217.1 - Equipment Repair and Replacement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The vendor
				  shall promptly inform the BEP of the need for equipment repairs or replacement. The
				  vendor shall contact his/her BEC to report equipment malfunction/failure. Upon
				  notification by the vendor of the need for equipment maintenance, the BEC shall
				  promptly authorize repair.
(b) The title
				  to vending facility equipment provided by BEP is vested in BEP.
(c) Upon termination of the operating agreement
				  and/or license, the vendor shall surrender BEP-owned equipment to its lawful owner
				  in the condition in which it was received, reasonable wear and tear excepted. BEP
				  shall assess the equipment to determine its condition. If equipment is
				  removed/replaced, the equipment inventory shall be adjusted, as appropriate and
				  provided to the new vendor. The vendor shall remove his/her vendor-owned equipment
				  from the vending facility at his/her expense.
(d) The vendor shall acknowledge receipt of the
				  equipment provided by the BEP as part of the operating agreement.
(e) The vendor shall use the equipment furnished
				  by the BEP and/or agency named in the permit only for the purpose of the permit. The
				  vendor shall exercise whatever care is necessary to preserve and maintain the
				  equipment in good condition.
(f) The BEP
				  shall provide all necessary repairs and replacement of BEP-owned
				  equipment.
(g) The BEP shall phase-in
				  the replacement of all BEP-owned equipment in accordance with the written
				  replacement plan and subject to fund availability. Replacement shall occur within
				  one year of the stated life expectancy, unless, after review of usage patterns and
				  repair history, BEP determines that replacement should be either delayed or
				  accelerated. Replacement may be delayed if a history of limited service problems can
				  be demonstrated or may be accelerated if the equipment has a history of excessive
				  mechanical failure.
Item Description
Life Expectancy in Years
Broiler, Electric
5
Broiler, Gas
25
Commercial Food Processor
10
Cash Register
5
Commercial Coffee Brewer
8
Commercial Toaster
7
Dishwasher, Above Counter, Rack
15
Dishwasher, Belt
25
Dishwasher, Under Counter, Rack
15
Display Food Warmer
20
Drinking Water Cooler
14
Food Mixer
25
Food Slicer
25
Food Steamer
10
Food Warming Drawer
25
Fryer, Electric
8
Fryer, Gas
8
Garbage Disposal
8
Griddle, Electric
10
Griddle, Gas
15
Ice Maker (Counter and Floor)
8
Jet Spray Beverage Dispenser
6
Merchandizing Freezer
11
Oven, Convection
15
Oven, Infra Red
10
Oven, Microwave
5
Oven, Rair
8
Popcorn Machine
4
Range, Electric
10
Range, Gas
15
Refrigerated Beverage Dispenser
8
Refrigerated Salad Bar
2
Refrigerated Sandwich/Salad Unit
10
Refrigerator, Display
9
Refrigerator, Household
10
Refrigerator, Storage
11
Salad Bar (no refrigeration)
13
Steam Kettle
10
Storage Freezer
13
Vending Machine
7
Ventilation Fan System
25
Ventilation Fire Suppression System
25
Yogurt Machine
8
(h)
				  BEP-owned Equipment, which is tagged with an identifying number, shall not be added
				  or removed within a vending facility without the consent of the BEP. The removal and
				  replacement of equipment for repairs or maintenance must be authorized by the BEP in
				  writing. The vendor shall not purchase, lease, borrow or contract for equipment or
				  services for the vending facility without the authorization of the BEP. BEP may
				  remove any BEP-owned equipment from the vending facility when BEP determines that it
				  is not being properly used by the vendor. BEP shall give written notice of the
				  intent to remove equipment seven calendar days prior to removal. The notice shall
				  state what equipment is to be removed and the date of the removal. After equipment
				  removal, the vendor shall be provided with a revised copy of the inventory for
				  his/her facility.
(i) The vendor shall
				  be responsible for maintaining vendor-owned equipment in good repair and attractive
				  condition and for replacing worn-out or obsolete equipment.
(j) When a vendor dies or leaves the program, BEP
				  shall have first option to purchase vendor-owned equipment at fair market value. BEP
				  is not obligated to purchase vendor-owned equipment.
1. Renumbering
					 and amendment of section
					 7217 to new section
					 7217.1 filed 1-12-94 as an emergency;
					 operative 1-12-94 (Register 94, No. 2). A Certificate of Compliance must be
					 transmitted to OAL by 5-12-94 or emergency language will be repealed by operation of
					 law on the following day.
2. Reinstatement of section as it existed prior
					 to emergency amendment filed 3-3-95 by operation of Government Code section
					 11346.1(f)
					 (Register 95, No. 9).
Note: Authority cited: Sections
						19006,
						19016,
						19626.5
						and
						19639,
						Welfare and Institutions Code. Reference: Section
						19626.5,
						Welfare and Institutions Code; Randolph-Sheppard Act,
						20 USC
						107b(5); and
						34 CFR Sections
						395.4,
						395.6 and
						395.10.