Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAbout10/15/2012 Item 030MOHAVE COUNTY
REQUEST FAO
FROM: Patty Mead, Director, Department of Health
CONTACT /EXT: Rachel Patterson Ext. 5835
DATE: October 04, 2012
BOS MEETING DATE: October 15, 2012
BOARD ACTION FORM
FORMAL ACTION E]
CONSENT ❑X
RESOLUTION E
OTHER
INFORMATION ONLY
SUMMARIZE THE ISSUE & DESIRED ACTION CLEARLY /ATTACH BACKUP MATERIAL:
Approve setting a public hearing during the regular meeting on November 5, 2012, to consider adoption of Mohave County Ordinance
No. 2012 -)C, Providing Requirements for Semi - Public and Public Swimming Pools & Bathing Places, to be effective November 5,
2012. 174
This ordinance is required to set licensing timeframes for permits issued. No new regulations have been added. This ordinance
covers the requirement to set the timeframes, the permit requirement, inspection frequency and plan review requirements.
RECOMMENDED MOTION:
Approve setting `a public hearing during the regular meeting on November 5, 2012, to consider adoption of Mohave County Ordinance
No 2012 -W Providing Requirements for Semi - Public and Public Swimming Pools & Bathing Places, to be effective November 5,
2012. t) 1,0
County Attorney
Q IQ
Reviewed and Approved By:
Human Resources Finance � County Manager
P"
Board Action Taken:
Approved as Requested
No Action Taken 0 Disapproved Q
Continued to _dr%Jr'1oZ0��
Approved with the following changes:
Acknowledged receipt and referred to:
Filing Information and Retrieval
Filed Bid
Filed Agreement
BOS Resolution
Filed Yearly Correspondence
Filed Petition
Filed Dedication
Filed Land Sold
Filed Land Acquired
Filed Franchise
ID Resolution
Filed Improvement District
Filed Other
CS Recno 209
Date Routed:
Additional Information:
Xc ; _
� L
30
MOHAVE COUNTY ORDINANCE 2012 -06
MOHAVE COUNTY DEPARTMENT OF PUBLIC HEALTH
ENVIRONMENTAL' HEALTH DIVISION
AN ORDINANCE PROVIDING REQUIREMENTS FOR SEMI- PUBLIC & PUBLIC
SWIMMING POOLS &i BATHING PLACES
WHEREAS, A.R.S. § 11- 251.17 allows the Mohave County Board of Supervisors to adopt provisions
necessary to preserve the health of the County; and
WHEREAS, the Mohave County Board of Supervisors is further authorized pursuant to A.R.S. §11- 251,31
to "Make and enforce all local, police, sanitary and other regulations not in conflict with general law," and
WHEREAS, the Mohave County Board of Supervisors is required to establish a county department of health
or a public health services district pursuant to A.R.S. §36- 182.A, and
WHEREAS, The Director of a county health department is mandated, pursuant to A.R.S. §36- 186(5), to
enforce and observe the rules of the Director of the Department of Health Services, the Director of the
Department of Environmental Quality and the local board of health, county rules and regulations concerning
health, and laws of the state pertaining to the preservation of public health and protection of the environment.
WHEREAS, he adoption of this ordinance would benefit the health and welfare of the residents of Mohave
County,
THEREFORE, BE IT RESOLVED that the licensing and sanitation requirements for public and semi-
public swimming pools and bathing places be adopted in the form and manner set forth by the attached
ordinance
PASSED, APPROVED AND ADOPTED by the Board of Supervisors of Mohave County, Arizona the
day of , 2012.
MOHAVE COUNTY BOARD OF SUPERVISORS
Buster D. Johnson, Chairman
1
MOHAVE COUNTY ORDINANCE 2012 -06
I. DEFINITIONS
A. The following definitions shall apply throughout this Ordinance, unless a different
meaning is clearly indicated by the context or is stated in any of the several
sections.
1. "Approved" or "Approval" means acceptable to the Department and so stated
in writing.
2. "Comply" or "Compliance" means meeting the requirements of these rules
and regulations.
3. "Compliance Date" means the date by which the property must meet the
requirements of the rules and regulations.
4. "County" means Mohave County.
5. "Department" means the Mohave County Department of Public Health,
Environmental Health Division.
6. "Director means Director of the Mohave County Department of Public
Health.
7. "Health Officer" means the Director of the Mohave County Department of
Public Health or his/her authorized representative.
8. "Hearing Officer" means a person appointed by the Director of the Mohave
County Department of Public Health or the Environmental Health Division
manager to conduct a,hearing.
9. "Permit" means a stamp, seal, or numbered certificate issued by the
Department.
10. "Permittee" means the person who is responsible to obtain the permit and to
comply with any associated rules and regulations.
11. "Person" includes any natural individual, firm, trust, partnership, association,
institution, public body, corporation, or any other entity and includes the
plural as well as the singular, feminine as well as the masculine.
II. ABBREVIATIONS
ADEQ: Arizona Department of Environmental Quality
ADHS: Arizona Department of Health Services
EHD: Environmental Health Division
MCDPH: Mohave County Department.of Public Health
2
rte;
MOHAVE COUNTY ORDINANCE 2012 -06
III. SEMI- PUBLIC & PUBLIC SWIMMING POOLS & BATHING PLACES
A. Permit Required
1. No person shall operate a semi- public or public swimming pool or bathing
place, hereinafter referred to as "pool" without first obtaining a permit from
the Department. The owner, lessee, or operator of each pool in operation upon
the effective date of these regulations. shall, if applicable, within ninety days
thereafter obtain a permit and shall comply in all respects with the
requirements of these regulations.
2. An application for a permit to operate a pool shall be -made by the owner,
lessee, or operator to the local health department on forms furnished by the
Department. Such forms shall be complete in all details and, in the case of
new pools; or additions and alterations to existing pools, shall include plans
and specifications of the proposed sanitary facilities and any other information.
required by the Department.
3. A permit to operate will not be issued until the proposed or existing pool
complies with the provisions of these regulations.
4. The permit shall be posted in a conspicuous place designated by the
Department..
5. A permit may be revoked, denied or suspended by the Department for
violation of any of the terms of these regulations or'at any time when, in the
opinion of the Department, the pool has or may become a nuisance to public
health.
6. Permits shall be valid for the calendar year for which they, are issued or as
otherwise specified by the Department, and shall be renewed in accordance
with the requirements of the Department. Permits are not refundable and are
not transferable, either from.person to person or from one location to another
location.
B. Plan Review
1. No construction on or at a pool shall commence, nor shall any major alteration
or addition be made thereto, until detailed plans and specifications for the
establishment have been submitted to and approved by the ADEQ or other
contracted agency nor shall any construction, alteration or addition be made
except in accordance with approved plans and specifications by the ADEQ or
other contracted agency.
2. When construction is completed, and the Approval of Construction is obtained
from the ADEQ, the applicant will receive an opening inspection from the
Department. If all requirements are met, the permit will be issued to applicant.
3. All requirements of these regulations must be met in order for the permit to be
issued.
_r
3
��nF ..
�!-
�t:
MOHAVE COUNTY ORDINANCE 2012 -06
4. No person shall maintain or operate a pool without the written approval of the
Department.
C. Inspection
1. Representatives of the Department shall perform unannounced inspections of
any pool as are necessary to assure compliance with these regulations, but not
less than once each year for a semi - public pool or bathing place and once each
month in operation for a public pool or bathing place.
2. A copy of the report of the inspection shall be furnished to the owner, lessee,
or operator of the pool indicating the degree of compliance or non - compliance
with the provisions of these regulations: Failure to correct any discrepancies
noticed within the time limit specified shall be cause for denial, revocation, or
suspension of the permit to operate.
3. Follow -up inspection fees shall be assessed at the rate approved by the
Mohave County Board of Supervisors in the most current Environmental
Health fee schedule.
IV. REGULATIONS
A. Sanitation regulations shall be adopted by reference from the Arizona
Administrative Code, Title 9, Chapter 8, Article 8 and/or as delegated by the
Arizona Department of Health Services
V. ENFORCEMENT
A. Suspension of Operating Permit
1. In accordance with A.R.S. 36- 183.05, if the regulatory authority (hereafter
referred to as MCDPH) finds that an establishment is not in compliance with
the requirements of these regulations, the Director through the county attorney
may file an action in the superior court:
a. For a temporary restraining order, a preliminary or permanent injunction
or any other appropriate relief necessary to enjoin the person from further
violations and to protect public health or the environment.
b. To compel compliance with a nuisance abatement order or a compliance
order, including the collection of civil penalties assessed under that order.
c. For civil penalties of not to exceed one thousand dollars a day but not
more than ten thousand dollars for each violation.
B. Revocation of Operating Permit
1. MCDPH may, after providing opportunity for hearing, revoke a permit for
serious or repeated violations of these regulations.
2. Prior to revocation, and pursuant to A.R.S. 36- 183.04, MCDPH shall notify
by a Notice of Violation, the holder of the permit, or the person in charge, of
the specific reason(s) for which the permit is to be revoked unless a written
request for hearing is filed with MCDPH by the holder of the permit within a
4
t
MOHAVE COUNTY ORDINANCE 2012 -06
fifteen (15) day period. If a request for a hearing is timely filed, the hearing
shall be within fifteen (15) days of receipt of the request.
3. If no request for a hearing is filed within the fifteen (15) day period, the
MCDPH shall issue a Compliance Order pursuant to A.R.S. 36- 183.04.
Unless a written request for a-hearing is filed with MCDPH by the holder of
the permit within fifteen (15) days, the Order shall become final and
enforceable in Superior Court. If a request for a hearing is timely filed, the
hearing shall be held within fifteen (15) days of receipt of the request.
C. Service of Notices
1. A notice provided for in these regulations is properly served when it is
delivered to the holder of the permit, or their agent or when it is sent by
certified or registered mail, to the last known address of the holder of the
permit. A copy of their notice shall be filed in the records of MCDPH.
D. Hearings
1. Hearings shall be conducted in accordance with Mohave County Ordinance
2010 -18.
E. Penalties
1. A Compliance Order issued pursuant to A.R.S. 36- 183.04 may provide for a
civil penalty of not more than seven hundred fifty dollars for each violation by
an individual and not more than five thousand dollars for a violation by an
enterprise. A Compliance Order shall not impose a civil penalty for the same
acts for which a court has previously imposed a civil or criminal penalty.
2. In determining the amount of a civil penalty under this section, the following
shall be considered:
a. The seriousness of the violation.
b. As an aggravating factor only, any economic benefit that results from the
violation.
c. The history of that violation.
d. The economic impact of the penalty on the violator.
e. Any good faith efforts to comply with the applicable requirements.
f. The duration of the violation as established by any credible evidence.
g. Payment by.the violator of penalties previously assessed for the same
violation.
h. Other factors affecting the public health and safety the Director deems
relevant.
F. Exception
1. Unless otherwise indicated in these regulations, the above enforcement
process shall apply.
r
ri. }.n5
MOHAVE COUNTY ORDINANCE 2012 -06
VI. LICENSING TIME FRAMES
A. The licensing time frame for those permits /licenses required by this ordinance
shall be:
1. Administrative Review: 26 business days
2. Substantive Review: 26 business days
6
SEP 17 2012
Date: September 14, 2012
MOHAVE COUNTY
To: Patty ead, Health Director DEPARTMENT OF
y (�� Pusuc HEALTH
From: Rachel.C. Patterson, Environmental Health Manage
Re: Ordinance Revisions
Due to recent legislative changes, .specifically, the approval of the regulatory bill
of rights for county agencies in ARS 11- 1601 -1610, several of our ordinances
need revisions to include licensing timeframes as required by ARS 11- 1605.A &
B. The timeframes must be added by December 31, 2012 as detailed in the
Statute.
We have two existing ordinances (Public Accommodations and Haulers) which
incorporate state rules that are in need of licensing time frames for the permits
that we issue. A few wording changes are also proposed to these ordinances
while we are in this process. These wording changes are mainly clarifications of
the existing rules and some code reference updates.
In addition, we require a permit and annual inspection for a semi - public or public
pool or bathing place in accordance with the delegation agreement between
Mohave County and the Arizona Department of Health Services, therefore, we
are in need of setting licensing timeframes for this required permit. We are
creating an ordinance for this purpose and are proposing that we adopt the State
rules by reference. No changes will be made to this program. We need the
ordinance so that we may set the licensing timeframe as required by Statute. We
already use the State rules as required by our delegation agreement.
At this time we are also .proposing minor changes /edits to the ratings ordinance
and the food handler ordinance. The changes are outlined on the attached sheet.
We are not proposing any additional regulations to these programs. The changes
are purely clarification, updating code references and enforcement section
references to match current enforcement strategies outlined in current State
Statute.
I have attached a list of the ordinances with a summary of what is proposed.
request that the public hearings be set at the October 1, 2012 BOS meeting for
November 5, 2012.
Please contact me if you have any questions.
�` ,� � 700 W. Beale 5treet, P.O. Box 7000, Kingman, Arizona 86402 • lDk.: 928.753.0743 fax: 928.718.5547
1864
ORDINANCE REVISIOk-NOTES 2012
Public accommodations
Deleted most wording under "hearings" section and have simply referred to existing appeals ordinance which has since
been approved.
Added definition for "clean" and "sanitary" and made clear within ordinance
Updated references to AAC 18 -13 to include all of Article 3.
Clarified that all dwelling units must be made available for inspection
Added licensing timeframes as required by Regulatory Bill of Rights legislation. Timeframes based on ADHS's licensing
timeframes for Children's Camps.
Haulers
Added licensing timeframes as required by Regulatory Bill of Rights legislation. Timeframes based on ADEQ's licensing
timeframes for septic haulers.
Added clarification requested by,stakeholder to.refuse haulers, section H, clarifying applicability of the section after input
sought from ADEQ as to the meaning.of the section
Clarified in a couple of sections that the section applies to private refuse haulers
Removed from Section K, subsection 3 which referred to a Statute and wording which no longer exist. In the same section
(subsection 1) clarified where the methods of disposal are listed at in rule.
Pool Ordinance
Required to set licensing timeframes for permits issued, therefore, created ordinance in order to do so. All regulations and
permit requirements stay the same.as they are now. No new regulations have been added. This ordinance covers, aside
from the requirement to set the timeframes, the permit requirement, inspection' frequency and plan review requirements,
all of which are required now and will stay the same.
Timeframes based on timeframes set by ADEQ for their pool plan reviews.
Food Handler Ordinance
Revision of Enforcement section. The existing section is outdated. New section is based on current statutes
Clarification of what an "accredited" program means
Clarification of when payment is needed for special classes.
Ratings Ordinance
Updated code reference for definition of potentially hazardous food
Clarified when new rating, when applicable, must be posted
Clarified type of violation for operator not posting rating
Clarified when required vs. requested inspections must be paid
Enforcement section updated to reflect current procedures /statutes
I
a.,