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HomeMy WebLinkAbout02 77NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Board of Jefferson County Commissioners, on Tuesday, December 27, 1977 at 10:30 a.m., in the Commissioner's Chambers, Jefferson County Courthouse, Port Townsend, Washington for the purpose of adopting the following Ordinance outlining the Rules and Regulations for the Jefferson County Health Department: Ordinance No.,; — %% AN ORDINANCE relating to the sanitation and health requirements of public food service establishments as defined in the "Rules and Regulations of the State Board of Health, Food Service Sanitation," and the "United States Public Health Service Food Sanitation Ordinance and Code"; the governing of solid waste handling and implementing the comprehensive solid waste management plan covering storage, collection, transportation, treatment, utilization, processing and final disposal; providing for the regulation of on-site sewage disposal systems, the licensing of commercial installers, providing for on --site management systems, providing for establishing standards for equipment and operation of septic tank pumpers; establishing permit fees, the issuance and revocation of permits, the payment of permit fees; and prescribing penalties for violations thereof. VOL FAG!' JEFFERSON COUNTY HEALTH DEPARTMENT RULES AND REGULATIONS RELATING TO THE SANITATION AND HEALTH REQUIRE- MENTS OF PUBLIC FOOD SERVICE ESTABLISHMENTS AS DEFINED IN THE "RULES AND REGULATIONSOFTHE STATE BOARD OF HEALTH, FOOD SERVICE SANITATION", AS ADOPTED ON JUNE 3, 1963, AND AS DEFINED IN THE 1962 EDITION OF THE "UNITED STATES PUBLIC HEALTH SERVICE FOOD SANITATION ORDINANCE AND CODE", RELATING TO THE ISSUANCE AND REVOCATION OF PERMITS; THE PAY14ENT OF PERMIT FEES, AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF. WHEREAS, under the provision of R.C.W. 70.05.060 and R.C.W. 70.46.060, the Board of Health is charged with the duty of making such rules and regulations as may be necessary for the prevention, suppression and control of dangerous, contagious or infectious disease; and WHEREAS, the following rules and regulations are necessary for the prevention, suppression and control of dangerous, contagious or infectious disease, now therefore, BE IT RESOLVED by the Jefferson Co.un.t.y'Board of Commissioners that the following be adopted as regulations: SECTION I 1.1 The State Board of Health Rules and Regulations, Food Service Sanitation, as adopted June 3, 1963, is hereby adopted by reference as the Rules and Regulations governing Food Service Sanitation in the Jefferson County Health Department. 1.2 The 1962 Edition of the "United States Public Health Service Food Sanitation Ordinance and Code" is hereby adopted by reference as the official interpretation of this Ordinance, where applicable. 1.3 Where a conflict may occur between this :orddhance and the State Board of Health Regulations, or the PHS Food Sanitation Ordinance and Code, the Jefferson County Health Department regulations take preference, with State Board of Health Regulations second preference and the PHS Sanitation Code third. SECTION II 2.1 Permits: A valid permit issued by the Health Office shall be required for any person to operate a food service establishment within the jurisdiction of the Jefferson County Health Department. Only persons who comply with the minimum requirements of these regulations shall be entitled to receive and retain such a permit. Permits shall not be transferable from one person to another or place other than that specified on the permit. A valid permit shall be posted in a conspicuous place in every food establishment. Permits for temporary food service establishment shall be issued for a period not to exceed 14 days. 2.2 Permit Application: A written application for a Permit shall be made on forms provided by the Health Officer.. Such appli- cation shall include the name, or names of the applicant and whether such application is for an individual, firm, corporation or partner- ship. The application shall include location of operation and type of food service proposed and any other information requested on the form to help evaluate the proposal. Applications for temporary food service establishments shall include the includsive dates of the proposed operation. mlW i VOL, - FAG Rules and Regulations, e:LLerson County Health Department Page 2 2.3 Permit Issuance: A permit shall be issued by the Health Officer after receipt of the application and an inpsection of the prem- ises reveals compliance with rainir,,iu,a requirements and upon receipt of inspection fees as established by this Ordnance-. 2.4 No food service establishment shall operate after the effective date of this Resolution except in compliance with the pro- visions of this :Ordinance,, and unless there is conspicuously dis- played on the premises thereof a valid and current Food Service Establishment Permit. 2.5 Permit Suspension: The Health Officer may suspend the Permit to operate for failure to comply with these Rules and Regulations. Whenever a food establishment fails to comply with the Demerit pro- visions of this .Ordinance the operator shall be given the opportunity to attend a Hearing called by the Health Officer for the purpose of reviewing the inspection records and arriving at a mutually satis- factory schedule of compliance with all violations of these rules and regulations. Not withstanding this provision of these regulations, should the Inspecting Officer have reasonable grounds to believe that unsanitary, or other conditions exist which constitute a substantial immediate hazard to public health he shall contact the Director of Environmental Health and/or the County Health Officer who may without warning, notice or hearing issue a written notice that the Permit to operate is immediately suspended. 2.6 Permit Suspension Appeal: Whenever a food service esta- blishment operator feels agrieved by the decision made by the Health Officer following a hearing, he may within 5 days file a written notice of appeal with the Jefferson County Superior Court. SECTION III 3.1 Inspection Records, Demerit Values, Demerit Scores: The Health Officer shall cause to be made inspections of all Food Service Establishments at least annually, or at frequent enough intervals to assure compliance with these Rules and Regulations. Upon completion of the inspection the demerit values of all violations shall be totaled and the establishment notified in writing on the inspection forms in use. 3.1.a Demerit values shall be those established in the 1962 Food Service Manual or as subsequently amended, a copy of which is attached and becomes a part of this Ordinance., 3.2 Demerit Scores; 3.2.a When a demerit score of an establishment is 20 or less, all violations of 2 or 4 demerit points must be corrected by the time of the next routine inspection. 3.2.b When the demerit score of an establishment is more then 20 but not more than 40, all items of 2 or 4 demerits must be corrected within a period not to exceed 30 days. 3.2.c When one or more 6 point demerit items are in violation, regardless.of demerit score, such items must be corrected within a period of time not to exceed 10 days. VOL FACE " Rules and Regulations, Jefferson County Health Department Page 3 3.2.d When the Demerit Score of an establishment is more than 40 the Permit is subject to immediate suspen- sion by the Environmental Health Director, or the County Health Officer, if in the opinion of the Inspecting Officer an immediate health hazard exists, or if the Food Service Establishment has on record a demerit score of 20 or more on the previous inspection. 3.2.3 In the case of temporary food service establishments, violations must be corrected within a specified period of time not to exceed 24 hours. Failure to comply with such notice shall result in immediate suspension of the permit. SECTION IV 4.1 Additional Provisions: In addition to those requirements set forth by the State Board of Health Rules and Regulations and the interpretation by the U.S. Public Health. Service Code, 1962 Edition, the following stipulation shall also be met. 4.1.a All Food Service Establishments, other than Temporary establishments, that are constructed or extensively reconstructed after the effective date of this Ordinance, shall have toilet and hand - washing facilities for each sex which are available to the public and which are available without pass- ing through a food processing or storage area. 4.1.b All threaded water taps inside or outside the establishment shall be equipped with approved siphon breakers or other backflow prevention devises. 4.1.c Where hand dishwashing is in use, all food service establishments that are constructed or extensively reconstructed after the effective date of this Ordinance shall provide a separate drain connected metal compartment with convenient spray attachment adjacent to, but separate from the sink washing compartment for the purpose of scraping and pre - rinsing eating and drinking utensils. 4.1.d It shall be the duty of the operator of every establishment to see that all Food Service Workers are in compliance with State Law requiring such workers to obtain valid Food Service Workers Permits. 4.1.e Access to establishments. The Health Officer, after proper identification, shall be permitted to enter any food establishment at any reasonable time for the purpose of inspecting the establish- ment and/or equipment to determine compliance with these regulations. SECTION V 5.1 Fees as per Jefferson County Health District Fee Schedule. SECTION VI 6.1 Review of Plans: Prior to the construction or remodeling of any Food Service Establishment plans for such construction or remodeling shall be submitted to the health department for review and approval prior to issuance of a Building Permit commencing any con- struction or remodeling. Rules and Regulations, Jefferson County Health Department Page 4 SECTION VII 7.1 Penalties: Any person violating or failing to comply with any of the provisions of these rules and regulations shall be guilty of a misdemea.no-r. In addition thereto, such person can be enjoined from continuing such violation. Each day upon which such violation occurs shall constitute a separate violation. 7.2 The Prosecuting Authority of the county or municipality in which any alleged violations may occur and/or the County Health Officer shall be empowered to enforce the provisions of this ordinance. 7.3 Any section of this ordinance not covered in WAC 248.84 (Rules and Regulations of the State Board of Health - Food Service Sanitation.) i+ay be waived by the Jefferson County Health Department if it causes a hardship on the operator and it can be shown that no health hazard will result. SECTION VIII 8.1 Constitutionality: Should any section, paragraph, sen- tence, clause or phrase of these rules and regulations be declared unconstitutional or invalid for any reason, the remainder of said rules and regulations shall not be affected thereby. SECTION IX These Rules and Regulations are necessary for the prevention, supression and control of dangerous, contagious or infectious disease and shall be in full force and effect on January 1, 1978. VOL. FAG':' Rules and Regulations, Jefferson County Health Department Page 5 SOLID WASTE REGULATIONS WHEREAS, RCW 70.95.160 requires each jurisdictional board of health to adopt regulations governing solid waste handling implementing the comprehensive solid waste management plan covering storage, collec- tion, transportation, treatment, utilization, processing and final disposal, including the issuance of permits for solid waste disposal in the Jefferson County Health Department. AND WHEREAS, the Jefferson County Board of Health deems it necessary to adopt regulations governing the management of solid wastes in order to preserve, promote and improve the public health in Jefferson County, NOW, THEREFORE BE IT RESOLVED that the following regulations and attachments incorporated by reference herein are hereby adopted. Sec. 1.01. The Minimal Functional Standards for Solid Waste Handling, vTAC173-301 is hereby adopted as regulations governing solid waste disposal in Jefferson County. Sec. 1.02. The following standards, requirements and the procedures shall be adopted in addition to the Minimum Functional Standards. Sec. 2.01. Individual waste containers that are intended to be emptied by mechanical means shall be limited in volume to 32 gallons in capacity and the gross weight of container and waste shall not exceed 65 pounds. Sec. 3.01. It shall be the responsibility of each land owner, company, corporation or individuals to insure that his waste material shall be so stored in approved containers as to preclude creation of litter. Failure to do so shall be a misdemeanor. Sec. 4.01. Permits. Every person desiring to construct and/or operate a sanitary landfill, transfer station, reclamation site, incinerator, composting plant or solid waste collection service in Jefferson County shall first obtain a Permit from the Jefferson County Health Department. Sec. 4.02. Permit fees as per Jefferson County Health Department fee schedule. Sec. 4.03. Renewal of Permits. Every permit for the operation of a sanitary landfill, transfer station or other solid waste disposal facility and all collection vehicle fees shall be renewed annually on or before December 31 of each year, subject to satisfactory compliance with these regulations. Sec. 4.04. Suspension and Appeals. A permit may be suspended by the County Health Officer in accordance with RCW 70.95.200. Sec. 4.05. Hearings and Appeals. An aggrieved applicant may appeal a denial of a Permit, or suspension of a Permit,in accordance with RCW 70.95.210. Sec. 5.01. Enforcement. It shall be the duty of the County Health Officer to enforce the provisions of these regulations equally on all persons. Sec. 6.01. Severability. If any provisions of these regulations, its application to any person or circumstance is held invalid, the remainder of the regulations or the application of the NOL `..FAO :,a..` " Rules and Regulations, Jefferson County Health Department Page 6 regulation to other persons or circumstances is not affected. Sec. 7.01 Penalties. Any person violating any of the provisions of these regulations shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty five (25) dollars or more than two hundred and fifty (250) dollars, or by imprisonment in the county jail for not more than ninety (90) days. Each separate day of any portion thereof during which any violation occurs or continues shall be deemed to constitute a separate offense, and upon conviction shall be punished as herein provided. RULES AND REGULATIONS FOR ON-SITE SEWAGE DISPOSAL SYSTEMS RULES AND REGULATIONS PROVIDING FOR THE REGULATION OF ON-SITE SEWAGE DISPOSAL SYSTEMS, ESTABLISHING PERMITS, PERMIT FEES AND THE LICENSING OF COMMERCIAL INSTALLERS; PROVIDING FOR ON-SITE MANAGEMENT SYSTEMS; PROVIDING FOR ESTABLISHING STANDARDS FOR EQUIPMENT AND OPERATION OF SEPTIC TANK PUMPERS AND REQUIRING PERMITS TO OPERATE, ESTABLISHING PERMIT FEES, AND PROVIDING PENALTIES FOR VIOLATIONS. WHEREAS, under provisions of RCW 70.05.060, RCW 70.46.060 and RCW 43.20 this Board if charged with the duty of protecting the public health and safety of all inhabitants of Jefferson County, and WHEREAS, The following Rules and Regulations are necessary for the protection of public health and safety, and WHEREAS, WAC 248-96-015, and WAC 248-96-016, State Board of Health Rules and Regulations governing On -Site Sewage Disposal Systems require local boards of health to adopt minimum standards as set forth by the State Board of Health, now therefore, BE IT RESOLVED by the Jefferson County Board of Health that the following be adopted as ordina-rice. SECTION I Scope 1.1 The provisions of these regulations shall apply to all territory within the boundaries of Jefferson County. 1.2 Every residence, place of business:or other building or place where persons congregate, reside or are employed, to which a public sewerage system is not available, shall be provided with a water -flush toilet system connected to an On -Site Disposal System or shall have an alternate device for the disposal of domestic wastes. Non-residen- tial buildings may be exempt from this requirement at the discretion of the Health Officer, provided suitable toilet facilities are provided within 200 feet of the work area. SECTION II Adoption by reference 2.1 WAC 248-96-018 through WAC 248-96-175, State Board of Health Rules and regulations governing On -Site Sewage Disposal Systems adopted June 1974 are hereby adopted by reference as Rules and Regulations of the Jefferson County Health Department. VOL a ,,' Rules and Regulations, Jefferson County Health Department Page 7 2.2 The U. S. Public Health Service Publication No. 526, The Manual of Septic Tank Practices is hereby adopted as standards for the design and installation of larger On -Site Disposal systems. 2.3 Washington State Department of Social and Health Services, Bulletin, ES No. 1, A Septic Tank System for Your Home, as presently published, or as hereafter revised, is hereby adopted by reference to provide standards for On -Site Sewage Disposal Systems not otherwise specified in standards adopted by this Ordinance EXCEPT where ES No. 1 is in conflict with the State Board of Health Regulations, in which case the State Board of Health Regulations shall take precedent. SECTION III Definitions In addition to definitions found in WAC 248-96, the following are also defined. 3.1 Commercial Installer shall mean any person, or persons engaged in the business of installing and/or repairing on-site sewage disposal systems. 3.2 Health Department shall mean the Jefferson County Health Department. 3.3 Sewage Disposal Permit shall mean a written permit issued by the Health Department granting permission for the installa- tion or repair of an on-site sewage disposal system. 3.4 Commercial Installer's Permit shall mean the written permit issued annually by the Health Department to a Commercial Installer who has demonstrated his ability to install dis- posal systems in a manner herinafter set forth. 3.5 Septic Tank Pumper shall mean any person, or persons, engaged in the business of cleaning and pumping septic tanks, cesspools or other accumulations of sewage. 3.6 Septic Tank Pumper's Permit shall mean the written permit issued by the Health Department authorizing a Septic Tank Pumper to carry on the business of cleaning septic tanks. 3.7 Fees shall mean those charges as hereinafter authorized by the Jefferson County Board of Commissioners for issuing Permits and making inspections as found necessary. SECTION IV Inspection 4.1 Prior to the installation or repair of an on-site sewage disposal system a valid Permit shall be obtained and the Health Department shall be notified of the date of installation. Within three (3) working days of said notification the Health Department shall make an inspection of the system prior to covering. 4.2 A final inspection may be waived by the Health Department but it becomes the responsibility of the Installer to obtain the waiver prior to installation. 4.3 If installation or workmanship of the disposal system does not meet the requirements of these regulations the Health Officer shall order corrections and cause a subsequent inspection to be made. 0M . i VOL � FAGE _�..'­2`(j Rules and Regulations, Jefferson County Health Department Page 8 SECTION V Installers 5.1 It shall be unlawful for a Commercial Installer to engage in the business of installing on-site sewage dis- posal systems without first having been issued a Commercial Installer's Permit by the Health Officer. 5.2 A Commercial Installer's Permit shall only be issued after the applicant has indicated a basic knowledge of the proper design and function of a sewage disposal system, and his knowledge of the provisions of this ordinance.. 5.3 An Installer's Permit may be revoked or suspended, if, after a hearing he shall find incompetency, negligence, misre- presentation in making application for a permit to con- struct or install a sewage disposal system, or the bond as hereinafter required has been cancelled. 5.4 Any person feeling aggrieved because of the revocation or denial of a Permit by the Health Officer may, within thirty (30) days of such denial appeal to the Jefferson County Board of Commissioners and a Hearing will be granted. Determination by the Board of Commissioners shall be binding upon the applicant. 5.5 Prior to the issuance of a Commercial Installer's Permit the applicant must EITHER post a bond to the Jefferson County Health Department in a form approved by the Prosecuting Attorney in the sum of One Thousand ($1,000.00) executed by a surety company authorized to do business in the State of Washington, or by two good sureties not connected in business with the applicant and approved by the Prosecuting Attorney, OR be in possession of a bond obtained in accordance with the Specialty Contractors Laws of the State of Washington. The purpose of the bond is to assure the faithful performance of all work being done under terms of these regulations. Any person who may be damaged by a wrongful act of the Permittee's failure to perform work in a workmanlike manner may sue upon said bond for damages in a sum not to exceed the amount of the bond. 5.6 Nothing herein contained shall prohibit a bonefide owner from constructing or repairing an on-site sewage disposal system on his own property without obtaining an Installer's Permit, providing he complies with other terms of these regulations AND PROVIDING he constructs no more than one system in any one calendar year. SECTION VI Septic Tank Pumpers 6.1 It shall be unlawful for any person, firm or corporation to engage in the business of cleaning any septic tank, cesspool, seepage pit, or removing accumulations of other sewage without first having obtained a Septic Tank Pumpers Permit from the Jefferson County Health Department. 6.2 Pumping equipment must be presented to the Health Depart- ment for inspection. 6.2a The pump tank must be of at least one thousand (1,000) gallons in capacity and must be in good repair and of cleanable construction. i VOL FAQ'"►. Rules and Regulations, Jefferson County Department of Health Page 9 6.2b All hoses and pumping equipment shall be kept in a clean and sanitary condition while stored or in transit. 6.2c All discharge valves shall be in food repair, free from leaks and be fitted with water tight caps. 6.2d The Name of the operating firm shall be prominently displayed on the sides of the vehicle. 6.3 All premises served and equipment used shall be left in a clean and sanitary condition. 6.4 Prior to issuance of a Septic Tank Pumper's Permit the applicant must show proof of a bond in the amount of One Thousand Dollars ($1,000.00). Performance shall be in accordance with bond requirements of the Commercial Installer's Permit. 6.5 Disposal sites shall have the written approval of the Health Department and shall be maintained in a satis- factory manner. It shall be unlawful to dispose of septic tank pumpings or other accumulated sewage at other than designated and approved disposal sites. 6.6 A Septic Tank Pumper's Permit may be revoked or sus- pended, if, after a hearing he has been found to be in non-compliance with the terms of this ordinance. The right to a hearing is set forth in Section V.5.4. 6.7 Where a sewage holding tank is in use, the Health Officer may on an interim basis waive the bond requirement for a bonefide owner of the disposal system to pump his own holding tank, providing the equipment in use and the method of disposal meets the terms of this ordinance. Identification of the vehicle will not be necessary but Septic Tank Pumper's Permit must be obtained, the fee for which is here waived. SECTION VII Fees 7.1 Permit fees as per Jefferson County Health Department fee schedule. SECTION VIII Penalties Any person who violates any provision of this ordinance shall, upon conviction, be guilty of a misdemeanor and subject to a fine of not more than Two Hundred and Fifty Dollars, ($250.00) or by imprisonment for not more than ninety days, or.both such fine and imprisonment. Each day any person shall continue to violate, or fails to comply with the terms of these regulations shall constitute a separate offense. SECTION IX Appeal Appeal from a decision by the Health Officer pursuant to this ordinance may be made by filing a written request with the Jefferson County Board of Commissioners within fifteen (15) days following the decision. Appeals shall be heard by the Board of Commissioners within thirty five (35) days of receipt of appeal. V01_ Rules and Regulations, Jefferson County Health Department Page 10 SECTION X Severability If any sentence, clause, phrase or section of these regulations be declared unconstititional, such holding does not affect the legality of any remaining portion of these regulations. SECTION XI Effective date These rules and regulations shall be in full force and effect immediately upon adoption by the Jefferson County Board of Commissioners. APPROVED AND ADOPTED this ;.`7 day of!'��-dmE %�, 1977. r�dr �,I+f1 J Ito ATT ST1:'(,� )t,ti),, ;Betty J./An erson, ounty Audios✓and Ex -officio Clerk of the Board Public Hearing Notice BOARD OF COMISSIONERS JEFFERSON COUNTY Carroll M.'Mercer, Chairman cif ✓ �.�"'y`r""'� _.� B G. Brown, Member r7 j� a A: M. "0 Medtd Signed this 13th day of December 1977. Carroll M. Mei r, Cha u. 1,3rown, memner C.,L :. A. 14."'WM679fai, Member VOL n JEFFERSON COUNTY HEALTH DEPARTMENT Fee Schedule These fees are payable annually on or before July 1. Fee Schedule adopted 8/17/77 and amended 11/16/77: Septic Tank Permit New Installation $30.00 New Installation - commercial 40.00 Repair 10.00 Short Plat Evaluations 25.00 Long Plat Evaluations 40.00 + $1.00 per lot Site Evaluations 15.00 If contiguous, each additional site shall be $5.00, otherwise each site shall be full fee. Septic Tank Installer Permit Original 50.00 Renewals 25.00 Renewal after January 31 50.00 Septic Tank Pumper Permits originals 50.00 Renewals 25.00 Renewals after January 31 50.00 Pit Privy Permit 2.00 Solid Waste Disposal Site Permit Original 75.00 Renewal 30.00 Transfer Station 50.00 Collection Collection Service 5.00 per vehicle Restaurants and Drive Ins 0 - 50 seats 25.00 50 -10.0 seats 35.00 100-200 seats 45.00 above 200 seats 50.00 Cocktail Lounges - Extra 10.00 Mobile Food Establishments 25.00 Temporary - Commercial 10.00 No charge for non-profit organizations Taverns 25.00 If serving cooked foods counted as restaurant Retail Food Markets (grocery stores, meat markets, retail bakeries) 20.00 Lake Renewals - Additional 50% of annual fee Food Handlers 2.00 Immunizations DT, MMR (per procedure for those over age 18) 2.00 Cholera (includes certification) 3.00 Smallpox (includes certification) 3.00 Typhoid (includes certification) 3.00 Flu shots;%)ri ` . 9 nn Jefferson County Health Department Fee Schedule, Page 2 Certification for employment (TB) 2.00 Hearing test (over age 18) 2.00 X-rays* Large 5.00 Mini 2.00 Pregnancy testing* 2.00 Blood pressure check 1.00 Blood Tests (other than VD, i.e. premarital test for out of state) 2.00 Cancer screening (including lab) 15.00 Revisit to Women's Health 5.00 Care Spec. (sliding scale) Child Health Clinic 15.00 Revisit (sliding scale) * Fee may be waived. All new annual permits will be prorated quarterly; provided that: only the $30.00 portion of the original Solid Waste Disposal site permit, and only the $25.00 portion of the Septic Tank Installer's Permit and only the $25.00 portion of the Septic Tank Pumpers Permit shall be prorated. Proration of Fees: Except for Temporary Establishments, any Food Service Establishment applying for a permit to operate after January 1, of any calendar year shall pay one half of the annual inspection fee. VOL FAGG. ;._j