Loading...
HomeMy WebLinkAbout051905 JEFFERSON COUNTY BOARD OF HEALTH MINUTES Thursday, May 19, 2005 Board It.1embers: Geq/ffr!)' Masci, Chairman - Port Townsend Ci!J' Council David S ul/ivon, Vice Chairman - County CommiJ"sioner District #2 Phi! Johnson- County Commissioner District #1 Patnck 2\1. Rodgers - Coun!'y Commissioner District #3 Jill Buh/er- Hospita! Commissioner District #2 Sheila Westerman - Citizen at Large (City) &iherta Frisse/J- Citizen at Large (County) S 'off Members: Jean Baldwin, Health & Human Seroices Director Julia Danskin, Nursing SmAces Director Thomas Locke, MD, Health Officer Mike McNickle, Environmental Health Director Chair Masci called the meeting to order at 2:38 p.m. in the Health Department Conference Room. All Board and Staff members were present, with the exception of Commissioner Rodgers and Member Frissell. There was a quorum. APPROVAL OF AGENDA Member Buhler moved to approve the Agenda as written. Commissioner Johnson seconded the motion, which carried by a unanimous vote. APPROVAL OF MINUTES Member Westerman moved to approve the retreat summary of April 21, 2005, as written. Commissioner Sullivan seconded the motion, which carried by a unanimous vote. PUBLIC COMMENT - None OLD BUSINESS AND INFORMATIONAL ITEMS Rel!ion 2 Public Health Newsletter and Communicable Disease Reuort: Jean Baldwin's understanding was that this bi-monthly letter is mailed out of Kitsap to all medical providers. She agreed to confirm this and to suggest the publication also go to all CAM providers, such as chiropractors and acupuncture providers. Sexuallv Transmitted Disease Provider Letter: Dr. Tom Locke noted that he had offered this letter to healthcare providers for the Board's information. It was noted that the County's peak incidence of Chlamydia is "early and high." Press Release - Threatened Shellfish Areas: Environmental Health Director Mike McNickle explained that the State Department of Health had released this list of shellfish areas under threat of closure. For Jefferson County, it lists the southernmost parts of Discovery Bay and Port Townsend Bay. NEW BUSINESS Public Hearinl! - Jefferson County Food Code: Chair Masci opened the hearing at 2:47 PM and reviewed the hearing guidelines. HEALTH BOARD MINUTES - May 19, 2005 Page: 2 Dr. Locke provided background on the revision ofthe State Code, the intent of which was to create a consistent, statewide code that is in conformance with the federal code. Much of the existing County code is no longer needed because the State Code has been adopted by reference. The Jefferson County Code now will deal primarily with the administrative process. Staff borrowed language from the Methamphetamine Clandestine Lab Code, which had itself been drafted by an attorney to ensure its compliance with hearing procedures. He observed that administrative hearings on suspensions and appeals are rare, as are revocations. However, for these hearings the Board had specified a scheduling time period "...not less than 20 days" and "...not more than 30 days." He felt that while the 3D-day figure seemed appropriate, he could find no purpose for this particular 20-day parameter. He recommended the Board amend the draft code to delete the 20-day language but to keep the current 15- & 30-day language for an appeal. Chairman Masci noted that state law considers public notice to have been given when the information is e- mailed to the paper of record. Member Westerman moved to amend Food Service Sanitation Code Section 8.05.030, Hearings, A-I - Administrative Hearings, beginning with "Upon receipt of such..." to replace "convenient" with "acceptable." The motion was seconded by Member Buhler and carried by a unanimous vote. Member Buhler moved to amend Section 8.05.030(A)(I) and (B)(I) deleting the words "not less than 20 days" The motion was seconded by Commissioner Johnson and carried by a unanimous vote. Member Buhler expressed concern about the imprecise language in Section 8.05.030(A)(2) and (B)(2), which says, "The Health Officer may continue the hearing to another date." Dr. Locke agreed that in the interest of a timely process, an arbitrary time period could be set, such as 30 days. Member Buhler moved to amend Section 8.05.030(A)(2) and (B)(2) inserting a qualifier so that it instead reads, "The Health Officer may continue the hearing to another mutually acceptable date." The motion was seconded by Member Westerman and carried by a unanimous vote. Public Comment: None Member Buhler moved to accept the Amended Chapter 8.05 Food Service Sanitation Code as presented adopting the underlined language and repealing the over struck language as well as the changes discussed above. The motion was seconded by Commissioner Johnson and carried by a unanimous vote. Ordinance No. 06-0519-05. The hearing was closed at 3:04 p.m. Mission and Name of County Health Denartment: Jean Baldwin identified this as a discussion item carried over from the retreat, where key issues had been defining the mission, distinguishing the Department from the hospital, clarifying the roles of ensuring "public health" and providing health care. While the proposed mission is essentially that as was approved three years ago, she suggested that there was a perception that the department's present name is overly long and not explicit. It was felt that, in light of the impending remodeling, the expenses inherent in executing a change of name could be minimized. Member Westerman moved to accept the Staff recommendation to rename Jefferson County Health and Human Services to Jefferson County Public Health. Commissioner Johnson seconded the motion, which carried by a unanimous vote. HEALTH BOARD MINUTES - May 19, 2005 Page: 3 The proposed change to the mission was to also change the name and add the word "safe." Member Buhler moved to accept the Mission Statement as proposed by Staff adding the word "safe" and to reflect the department's new name. Member Westerman seconded the motion, which carried by a unanimous vote. Future of Assessment Activities in Jefferson County: Jean Baldwin reminded that this discussion had been tabled at the retreat. She distributed the Program Support/Costs by Key Areas as Defined by Washington State, a document that had not been readied before agenda packets were mailed. She discussed the ready availability of several surveys and reports - emergent diseases, school populations, jail occupancies, arrest records, etc. - but said the department lacks a staff person budgeted and assigned to enter the data. We are sitting on Healthy Youth data from all the school districts but are unable to integrate this statistically valuable information into the rest of the health indicators. The Department is being paid to collect and analyze data for projects but is not funded to integrate that into the community health impacts. Noting that the Department could combine "community attitudes" along with BRFSS, Chair Masci asked whether after the CDC formatting charges and the survey company's additional charges there would be enough left over to fund the Staff person. He stressed that the value would be to establish a position, rather than to seek funding a one-shot project. Ms. Baldwin then explained that the attitudinal survey is being done without Staff involvement because we do not have the budget to do a program assessment. Even though during the retreat the Board had listed monitoring health status to identify community health problems as a top priority, there is currently no person to do the analysis. She raised this issue as an informational item because she would like the Board's permission to seek partners in the City, County and the hospital for grants or matching funds. Chair Masci suggested that Jean define the role she is willing to play in developing these partnerships and added that the matter might be given more serious consideration were a Board member to accompany her to these discussions. Lel!:islative Update - Live Bills. Dead Bills. Budl!:et Forecasts: Dr. Locke reported that the session had adjourned on time after accomplishing quite a bit. For substance abuse, the percentage of support for treatment on-demand would increase. Funding is provided to develop an integrated mental health/substance abuse screening and assessment tool to be used by both the Mental Health Division and the Division of Alcohol and Substance Abuse. Awaiting a more stable funding source, backfill funding remains at $48 million for the biennium. Defeated was a bill that would have come up with a legislative committee to find a more stable source of funding. The deadline for proposals for consideration in the next biennium is June of 2006. The Department of Health received $l.3M to implement the on-site septic rule in marine counties. Also, there is $250,000 to increase participation in the WIC Farmer's Market Nutrition Program. Two negative impacts were reductions in the Coordinated Prevention Grant, which helps to support solid waste education activities, and stream-gauging funding. Julia Danskin reported that while important programs were funded, DSHS has yet to balance their budget effectively to issue the contracts on time, resulting in negative impacts to Maternal Child Health and other programs. Commissioner Sullivan mentioned that the passage of Senator Hargrove's Omnibus Health Bill would provide a small amount of money for a broad range of issues, including mental health and substance abuse. Since the BOCC would have the authority to direct these funds, he suggested that HEALTH BOARD MINUTES - May 19, 2005 Page: 4 the Law and Justice and Substance Abuse Advisory Boards join the Health Department in a meeting to discuss their best use. Laurie Strong agreed to provide Jean Baldwin a copy of the bill as passed. 2005 West Nile Fever Surveillance and Prevention Efforts: Dr. Locke noted that the agenda packet contained State and County press releases on West Nile Virus precautions. He then led a discussion of whether the Board would like to create a mosquito abatement district. Active surveillance was the method of prevention last year. The latest research says that the most effective way to prevent mosquito breeding is to spray an adulticide - Malathion. While a mosquito control district would be impractical to create at this point in the season, some level of mosquito abatement could be conducted if the citizens and the BOCC wanted to. Noting that there is neither county nor state funding, Chair Masci asked if the County's junior taxing district could be expanded to include this activity. Dr. Locke explained the process as citizens voting to tax themselves for the sake of mosquito controL Mike McNickle noted that the experience of other areas is that the first priority in mosquito abatement must be education personal prevention, and referred to the effectiveness of a Mosquito Control District in Clarke County. He also mentioned that a press release should stress that property owners must take responsibility for landscape ponds and other likely breeding spots. Staff is moving into active surveillance. He sent a press release to the Peninsula Daily News to solicit about six volunteers to collect and test the types of mosquitoes in order to inform future control measures. Jefferson County Board of County Commissioner's Resolution re: Substance Abuse Advisorv Board Oversil!ht: Dr. Tom Locke reviewed that as discussed at the retreat, members of the Substance Abuse Advisory Committee would in the future be appointed by the Board of Health and recommendations from the Substance Abuse Advisory Board would come to the Board of Health. Member Westerman moved that the Board of Health forward to the Board of County Commissioners the draft resolution requesting a change in the general oversight for the Substance Abuse Advisory Board from the Board of County Commissioners to the Board of Health. The motion was seconded by Commissioner Johnson and carried by a unanimous vote. Laurie Strong asked what this change in reporting relationship would mean and inquired what level of reporting would be necessary. If desired, the Substance Abuse Advisory Board is anxious to be vigorous with its reporting to the Board of Health. Member Westerman asked to know more about the Substance Abuse Advisory Board and suggested there are advantages to a cross-pollination of the membership, such as with her participation on both the Developmental Disabilities Board and the Board of Health. Member Buhler agreed related to becoming involved with the Hospital District. Commissioner Johnson said he believed it would be more appropriate if the Substance Abuse Advisory Board members were to be selected by the Board of Health. ACTIVITY UPDATE/OTHER ANNOUNCEMENTS Member Westerman moved to accept Commissioner Sullivan's participation in the Board of Health meeting by telephone conference. The motion was seconded by Member Buhler and carried by a unanimous vote. The Board also expressed interest in having further discussion - at either the July or August HEALTH BOARD MINUTES - May 19, 2005 Page: 5 meetings, and after consulting with Deputy Prosecuting Attomey Alvarez - about changing the requirement to have two of the three County Commissioners present to constitute a quorum at Board of Health meetings. Hosuital District: Member Buhler explained that the recent Leader headline, "Jefferson Healthcare faces $2 million loss" was inappropriate. She provided background about the shift to the critical access designation and reviewed opportunities they have for controlling costs, mostly due to attrition. AGENDA PLANNING/ADJOURN The meeting was adjourned at 4:20 p.m. The next meeting will be on June 16,2005 at 2:30 p.m. in the Conference Room of the Jefferson County Health Department. JEFFERSON COUNTY BOARD OF HEALTH fi c,? off Masci, Chairman r7d/..~"t ~ ;fu' ;uhler, Member , ~ / (.' / I ! .."./ ,~, , ~ i04.'L//~~~ Commissioner Sullivan, Vice Chairman \ ; i, ,.. U,I, i j':'Jv Ct..J -t /. 'v "v....\: . '-;:,'- \.... ~ (S~~7=OO' ~i1~~)~ember " / Excused Roberta Frissell, Member Excused Patrick M. Rodgers, Member , A$i<:>H~~, JEFFERSON COUNTY PUBLIC HEALTH i~"'~ (~_j Always Working for a Safer and Healthier Jefferson ~~~~/' May 12, 2005 To: Jefferson County Board of Health From: Tom Locke, MD, MPH, Jefferson County Health Officer Re: May Board of Health Meeting Public Hearing on Food Safety Code: During the May 19, 2005 meeting of the Jefferson County Board of Health, a public hearing will be held on revisions to the County Food Safety Code. In reviewing the draft code language, I have noted that language was included in 8.05.030(A)(1) and (B)(1) concerning the timeline for administrative hearings. This draft language states: Upon receipt of such request, together with any applicable hearing fees, the Health Officer shall notify the person in writing of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than twenty (20) days nor more than thirty (30) days from the date the request was received. On further reflection, the "not less than twenty (20) day" minimum for administrative hearings scheduling appears to be unnecessarily restrictive and may have the unintended consequence of delaying hearings that could be scheduled at an earlier time. To allow earlier scheduling of administrative hearings, I would recommend that the Board consider deleting this language. The revised code would then read: Upon receipt of such request, together with any applicable hearing fees, the Health Officer shall notify the person in writing of the time, date, and place of such hearing, which shall be set at a mutually convenient time not more than thirty (30) days from the date the request was received. For Board of Health appeal hearings, 8.05.030(B)(4)(c) does specify a 15 day minimum and 30 day maximum for such hearings. Unlike the administrative hearing requirement, this does serve a necessary 615 Sheridan Stleet. Pol! Townsend. Washington 98368 fax: (360) 38$-9401 web: www,jeffersoncountypublichealth,org COMMUNITY HEALTH (360) 385-9400 ENVIRONMENTAL HEALTH (360) 385-9444 DEVELOPMENTAL DISABILITIES (360) 385-9400 NATURAL RESOURCES (360) 385-9444 t. Health Department Chapter 8.05 FOOD SERVICE SANITATION Sections: 8.05.010 Purpose 8.05.020 Regulatious adopted 8.05.030 Hearings 8.05.040 Fees 8.05.050 Severability 8.05.060 Effective date 8.05.010 Purpose The pwpose of Chapter 8.05 of the Jefferson County Code is to establish local Board of Health standards for food safety to supplement 246-215 WAC to promote and protect the health, safety, and well-being of the public and prevent the spread of disease through food. 8.05.020 Regulations adopted The Rules and Regulations Washington State Board of Health for Food Service Sanitation, WAC 246-215, is hereby adopted by reference as the rules and regulations governing food service sanitation in Jefferson County, and including subsequent revisions thereto. 8.05.030 Hearings A. Reauest for a Hearing Following Notice of Susoension of a Food Establishment Permit Any permit holder who has received a notice of suspension of a food establishment permit may request a hearing by filing a written request for a hearing within ten days of receipt of the notice of suspension. The Health Officer will hear such appeals. The Health Officer's decision regarding an order prohibiting use may be appealed to the Board of Health. Any action to review the Health Officer's decision must be filed within thirty (30) days of the date of the decision. 1. Administrative Hearing: Any person aggrieved by an order suspending a food establishment permit may request, in writing, a hearing before the Health Officer or his or her designee. The appellant shall submit specific statements, in writing, of the reason why error is assigned to the Health Officer's decision. Such request shall be presented to the Health Officer within ten (10) days of the action appealed. Upon receipt of such reqnest, together with any applicable hearing fees, the Health Officer shall notify the person in writing of the time, date, and place of such hearing, which shall be set at a I1UItually convenient time not less than twenty (20) days nor more than thirty (30) days from the date the request was received. The Health Officer will issue a decision affirming, reversing, or modifying the order prohibiting use. The Health Officer may require additional actions as part of the decision. Jefferson County Code Chapter 8.05 - Food service Sanitation - Public Review Draft Page 1 of 4 2. Hearing Procedures: Hearings shall be open to the public and presided over by the Health Officer. Such hearings shall be recorded. Hearings shall be opened with a recording of the time. date and place of the hearing, and a statement of the cause for the hearing. The Health Officer shall then swear in all potential witnesses. The case shall be presented in the order directed by the Health Officer. The appellant may present rebuttal. The Health Officer may question either party. The Health Officer may allow for a closing statement or summation. General rights include: (a) To be represented by an attorney; (b) To present witnesses; (c) To cross-examine witnesses; (d) To object to evidence for specific grounds. In the conduct of the proceeding, the Health Officer may consider any evidence, including hearsay evidence that a reasonably prudent person would rely upon in the conduct ofhis or her affairs. Evidence is not admissible ifit is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this stale. The Health Officer shall decide ruIings on the admissibility of evidence, and the Washington rules of evidence shall serve as guidelines for those rulings. Inasmuch as any appeal to the Board of Health from a Health Officer decision is a review on the record, the Health Officer shall ensure that the record generated contains testimonial and documentary evidence supporting the Health Officer's issuance of the order prohibiting use. The Health Officer may continue the hearing to another date to allow for additional submission of infonnation or to allow for additional consideration. Prior to closing of the hearing, the Health Officer shall issue its oral ruling unless the Health Officer determines that the matter should be taken under advisement. Written rmdings of fact, conclusions of law, and orders shall be served on the appellant within fourteen days (14) of the oral ruling. If the matter is taken under advisement, written findings, conclusions, and orders shall be mailed to the appellant within twenty-one (21) days of the close of the hearing. The appellant shall bear the burden of proof and may overcome the order suspending the food establishment pennit by a preponderance of the evidence. 3. Anneals: Any decision of the Health Officer shall be final and may be reviewable by an appeal filed with the Board of Health through the Health Officer. Any action to review the Health Officer's decision must be filed within thirty (30) days of the dale of the decision. B. ReQuest for Hearing Following Notice of Revocation ofa Food Establishment Permit: I. Administrative Hearing: Any pennit holder in receipt of a notice of revocation of a food establishment pennit may request, in writing, a hearing before the Health Officer or his or her designee. The appellant shall submit specific statements in writing of the reason why error is assigued to the decision of the Health Officer. Such request shall be presented to the Health Officer within ten (10) days of the action appealed. Upon receipt of such request, together with any applicable hearing fees, the Health Officer shall notify the person in writing of the time, date, and place of such hearing, which shall be set at a nwtually convenient time not less than twenty (20) days nor more than thirty (30) days from the date the request was received. The Health Officer will issue a decision affinning, reversing, or modifying the revocation order. The Health Officer may require additional actions as part of the decision. 2. Hearing Procedures: Hearings shall be open to the public and presided over by the Health Officer. Such hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing, and a statement of the cause for the Jefferson County Cooe Chapter 8.05 - Food service Sanitation - Public Review Draft Page 2 of 4 hearing. The Health Officer shall then swear in all potential witnesses. The case shall be presented in the order directed by the Health Officer. The appellant may present rebuttal. The Health Officer may ask questions. The Health Officer may allow the opportunity for a closing statement or summation. General rights include: (a) To be represented by an attorney; (b) To present witnesses; (c) To cross-examine witnesses; (d) To objectto evidence for specific grounds. In the conduct of the proceeding, the Health Officer may consider any evidence, including hearsay evidence that a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The Health Officer sball decide rulings on the admissibility of evidence, and tbe Washington rules of evidence shall serve as guidelines for those rulings. Inasmuch as any appeal to the Board of Health from a Health Officer decision is a review on the record, the Health Officer shall ensure that the record generated contains testimonial and documentary evidence supporting the Health Officer's order revoking the food establishment pennit. The Health Officer may continue the hearing to another date to allow for additional submission of infonnation or to allow for additional consideration. Prior to closing of the hearing, the Health Officer shall issue its oral ruling unless the Health Officer determines that the matter should be taken under advisement Written findings of fact, conclusions of law and orders shall be served on the appellant within fourteen days (14) of the oral ruling. If the matter is taken under advisement, written findings, conclusions and orders shall be mailed to the appellant within twenty-one (21) days of the close of the hearing. The appellant shall bear the burden of proof and may overcome the pennit revocation order by a preponderance of the evidence. 3. ADDeals. Any decision of the Health Officer shall be final and may be reviewable by an appeal filed with the Board of Health through the Health Officer. Any action to review the Health Officer's decision must be filed within thirty (30) days of the date of the decision. 4. Appeal of Health Officer's Decision to Board of Health: a. Any person aggrieved by the findings, conclusions or orders of and administrative bearing conducted by the Health Officer sball bave the right to appeal the matter by requesting a hearing before the Board of Health. Such notice of appeal shall be in writing and presented to the Health Officer within thirty (30) days of the Health Officer's decision. The appellant sball submit specific statements in writing of the reason why error is assigned to the decision of the Health Officer. b. The suspension or revocation offood establishment pennits by the Health Officer sball remain in effect during the appeal process. Any person affected by the suspension may make a written request for a stay of the decision to the Health Officer within five (5) business days of the Health Officer's decision. The Health Officer will grant or deny the request within five (5) bnsiness days. c. Upon receipt of a timely written notice of appeal, the Health Officer sball set a time, date, and place for the requested hearing before the Board of Health and shall give the appellant written notice thereof. Such hearing sball be set at a Jefferson County Code Chapter 8.05 - Food service Sanitation - Public Review Draft Page 3 of4 mutually couvenient time not less than fifteen (15) days or more than thirty (30) days from the date the appeal was received by the Health Officer unless mutually agreed to by the appellant and Health Officer. d. Board of Health hearings shall be open to the public and presided over by the chair of the Board of Health. Such hearings shall be recorded. Board of Health hearings shall be opened with a recording of the time, date and place of the hearing; and a statement of the cause for the hearing. The hearing shall be limited to argwnent of the parties and no additional evidence shall be taken unless, in the judgment of the chair, such evidence could not have reasonably been obtained through the exercise of due diligence in time for the hearing before the Health Officer. Argument shall be limited to the record generated before the Health Officer unless the chair admits additional evidence hereunder. e. Any decision of the Board of Health shall be final and may be reviewable by an action filed in Superior Court. Any action to review the Board's decision must be filed within thirty (30) days of the date of the decision. 8.05.040 Fees The Board of Health shall establish fee schedules for issuing or renewing licenses or permits or for such other services as are authorized by the law and the rules of the state board of health and necessary for the enforcement of this regulation: PROVIDED, That such fees for services shall not exceed the actual cost of providing any such services (RCW 70.05.060(7)). 8.05.050 Severability Should any part of this regulation be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remainder. 8.05.060 Effective date The effective date of this regulation shall be . Jefferson County Code Chapter 8.05 - Food service Sanitation - Public Review Draft Page4of4 Sections: 8,05,010 8.05.020 I. Health Department Chapter 8.05 FOODSERVICESANTTATION R<lgnlalioBS adopted. Pnrnose Permit Re'lllired. RCl!nlations adopted 8.05.030-1'ormit f.ppliealioB.Hearin2s 8.05.tl10-1'ormit IS'BRBee.Fees 8.05.050 8,05,OtiO 8.05.070 8.(15,(180 8.05.090 8,05,100 8.05.11 0 8.05.120 Dermit Display. Severability Permit SII5peB,ieB. Effective Date Dermit Slls:peBsi8B ~"'....pJJeal. TuspeetioB refords. TItoemerit values. U llZord ]Joint seores. ......:dditioBaJ prewsioBs. Teilet, kaBdwashiug facilities. 8.0S.no Daelcllaw }JFeventioH deviees. 8.0S.I-IO----.Hand diskwasking. 8,OS,lS0 V/.rl",r p.rmits. 8.11S.ICill .......t. estakliskm.nts. 8.11S,1711 ".es. 8.0S.1811 D'an re'.'low. 8,OS.I911 ""fer..ment. I 8.05.010 Regulati.ns ad.pt.dPurpose. (I) The State Beard efHealtk Rules and R.gulali."", Feed SeMe. Sanitalion, as adopted Octeber I, 1980, is hor""y edopted by ""OO".e as th. Fules ...d ""glllalie"s go....rnmg feod service saaitatieFl iR Jeffers0a Ca1:lBt)', aRa ineh:1eiiag sueseq1:lem ameBameats therete. (2) Th. 197G BdilieH ef the United Slat~s MIi. Health S.o'{iee Faed Servi.e Senitalia" 1\4......1 is h_by adapted by r.ferefl.. as th. eflieial iBtl!fJloelatieo efllHs ehapter, where app1i.""le. (3) '.Vbere a .enili"t may eeeur betwee" llHs ehap!.. """!he Slat. Beard efH.altk R~glllatiens, er th. PHS Feed S"",i.e Senitalie" lIt......l, the J.lT_e" CoWl!y health deJlartmeBt regulatiellS take prefefOR.., willi Slate Be..l! of Health Regulatiens ...e"l! p""ferCft.. aDd the PHS SanitalieR Mallial thifd. fOod. 2 85; Ord. 277 Part 1 ~ II I 8,05.020 Permit RelJllir.d. Re2ulations adopted il. ';aliapemlit issued by the health effioer shall be re'f'lH-oa fur aay perseB te eperate a f<lea servis. establishmem withiB the jDrisffietioo ef the JeffoISoo CellBt)' health aep_Bt. OBIy pe"e"" whe eemply '.vith the miBimum re'f'lH-cmeBlS ef those regalatie"" shall be emillea te reeeiye aBa retain SHell a permit. Per.mits shall Bet be tmnsferable ffem one person te another or place other than that Sjle.itiea eB tbel'8ffflit. il. ':a1id permit shall be peste a iB a oeBSpioae"s pla.e iB ""ery feed establio8rneat. :\.I'I'Ii.aliea f<lr a temperary feed serviee establishmemp"rmit shall be maae ae later than I g days prier te the first sehellHled Elate ef eperatiea. Permits issuea fer temperary feea sen'iee establis8rnealG shall flet ."e..aaperied ef 11 days, [Ora. 2 85; Ord. 2 77 Part I ~ 2,1] 8.05.030 HearinesPeFmit !4'plieatiea. A. Reouest for a Heariru! Followin2 Notice of Susnension of a Food Establishment Permit Anv permit holder who has received a notice of susoension of a food establislunent permit may reouest a hearin2 bv filin2 a written reouest for a hearim, within ten daYS of receiPt of the notice of suspension. The Health Officer will h such aooeals. The Health Officer's decision re2arding an order Dfohibitin2 use may be aopealed to the Board of He a Anv action to review the Health Officer's decision must be filed within thirty (30) daYS of the date of the decision. I. Administrative Hearin2: Anv oerson aglITieved bv an order susnendin2 a food establishment permit may reouest. in writin2. a hearing before the Health Officer or his or her desi""ee. The aooellant shall submit sDecific statements. in writinrr. of the reason why error is assilmed to the Health Officer's decision. Such reouest shall be oresented to the Health Officer within ten (10\ daYS of the action aooealed. Uoon receiot of such reouest. t02ether with any aoolicable hearin2 fees. the Health Officer shall notify the oerson in writin2 the time. date. and olace of such hearing, which shall be set at a mutually convenient time not less than twen (20) daYS nor more than thirtY (30) dayS from the date the reouest was received. The Health Officer will iss decision affmmmz. reVerSll2:. or modifvim! the order orohibitinl! use. The Health Officer may reauire additional actions as Dart of the decision. 2. Hearin2 Procedures: Hearings shall be open to the public and presided over bv the Health Officer. Such hearin2s shall be recorded Hearings shall be ooened with a recordin2 of the time. date and place of the hear and a statement of the cause for the hearin2. The Health Officer shall then swear in all ootential witnesses. T case shall be presented in the order directed bv the Health Officer. The aooellant may oresent rebuttal. The Health Officer may Question either Dartv. The Health Officer may allow for a c1osine: statement or sumrnatio General rights include: (a) To be reoresented bv an attorney: (b) To oresent witnesses: aooellant within twentv-one (? I) davs of the close of the hearing. The aooellant shall bear the burden of oroof and mav overcome the order susoending the food establishmen oermit bv a oreoonderance of the evidence. I. ADDeals: Anv decision of the Health Officer shall be final and mavbe reviewable bv an aooeal filed with th Board of Health through the Health Officer. Anv action to review the Health Officer's decision must be file within thirtv (30) davs of the date of the decision. B. Request for Hearing Following Notice of Revocation of a Food Establishment Permit: I. Administrative Hearing: Anv oermit holder in receiot of a notice of revocation ora food establishment oerm mav request in writing. a hearing before the Health Officer or his or her designee. The aDOellant shall subm soecific statements in writing of the reason whv error is assigned to the decision of the Health Officer. Such request shall be oresented to the Health Officer within ten (IO) davs of the action aooealed. Uoon receiot of such request. together with anv aoolicable hearing fees, the Health Officer shall notifv the oerson in writing the time. date. and olace of such hearing. which shall be set at a mutuallv convenient time not less than twen (20) dayS nor more than tIrirtv (30) dayS from the date the request was received. The Health Officer will iss decision affirming. reversing. or modifying the revocation order. The Health Officer mav require additiona actions as oart of the decision. 3. Hearing Procedures: Hearings shall be ooen to the oublic and presided over bv the Health Officer. Such hearings shall be recorded. Hearings shall be ooened with a recording of the time. date and olace of the hearing. and a statement of the cause for the hearing. The Health Officer shall then swear in all ootential witoesses, The case shall be oresented in the order directed bv the Health Officer. The aooellaut mav oresen rebuttal. The Health Officer mav ask questions. The Health Officer mav allow the oooortunity for a closing statement or summation. General debts include: (a) To be rcoresented bv an attornev: (b) To oresent witnesses: (c) To cross-examine witnesses: (d) To obiect to evidence for soecific grounds. In the conduct of the oroceeding. the Health Officer mav consider anv evidence. including hearsav evidence that a reasonablv orudent person would relv noon in the conduct ofms or her affairs. Evidence is not admissible if it is excludable on constitutional or statutOry 1!rOUnds or on the basis of evidentiarv Drivilel!e recognized in the courts of this state. The Health Officer shall decide rulings on the admissibility of evidenc and the Washington rules of evidence shall serve as guidelines for those rulings. Inasmuch as anv aooeal to the Board of Health from a Health Officer decision is a review on the record. the Health Officer shall ensure that the record generated contains testimonial and docwnentarv evidence suoonr the Health Officer's order revoking the food establishment Derm;t. The Health Officer mav continue the hearing to another date to allow for additional submission of inforrnati or to allow for additional consideration. Prior to closing of the hearing. the Health Officer shall issue its oral ruling unless the Health Officer determines that the matter should be taken under advisement. Written fmdin offact conclusions of law and orders shall be served on the aDOellant within fourteen davs (14) of the oral ruling. If the matter is taken under advisement. written findings. conclusions and orders shall be mailed to t aooellant within twenty-one (21) daYS of the close of the hearing. The aooellant shall bear the burden oforoof and mav overcome the oermit revocation order bv a I'reoondera of the evidence. 4. ADOeals. Anv decision of the Health Officer shall be final and mav be reviewable bv an aooeal filed with tIi Board of Health through the Health Officer. Any action to reyiew the Health Officer's decision must be file within thirtY (30) days of the date of the decision. 5. Appeal of Health Omcer's Decision to Board of Health: a. Any person aggrieved by the rmdings. conclusions or orders of and administrative hearing conduct bv the Health Officer shall have the right to appeal the matter bv reouesting a hearing before the Bo of Health. Such notice of atmeal shall be in writing and presented to the Health Officer within thir (30) days of the Health Officer's decision. The appellant shall submit specific statements in writin the reason why error is assirned to the decision of the Health Officer. b. The suspension or revocation of food establishment permits bv the Health Officer shall remain in effect during: the aooeaI process. Anv person affected bv the susoension may make a \Vritten reaue for a stay of the decision to the Health Officer within five (5) business dayS of the Health Ofticer's decision. The Health Officer will grant or deny the request within five (5) business days. c. Upon receipt of a timely written notice of apoeal. the Health Officer shall set a time. date, and olac for the requested hearing before the Board of Health and shall giye the appellant written notice thereof. Such hearing shall be set at a mutually conyenient time not less than fifteen (] 5) dayS or m than thirty (30) davs from the date the appeal was received bv the Health Officer unless mutually agreed to bv the atmellant and Health Officer. d. Board of Health hearings shall be ooen to the public and presided over by the chair of the Board of Health. Such hearings shall be recorded. Board of Health hearings shall be opened with a recording the time. date and place of the hearing; and a statement of the cause for the hearing. The hearing sh be limited to argument onhe parties and no additional eyidence shall be taken unless. in the iud!!Ill of the chair. such evidence could not have reasonably been obtained through the exercise of due diligence in time for the hearing before the Health Officer. Argument shall be limited to the record generated before the Health Officer unless the chair admits additional evidence hereunder. e. Anv decision onhe Board of Health shall be rmal and may be reviewable bv an action filed in Superior Court. Anv action to review the Board's decision must be filed within thirtv (30) days of date of the decision. 8.05.040 Fees: The Board of Health shall establish fee schedules for issuing or renewing licenses or permits or for such other services as are authorized bv the law and the rules of the state board of health and necessary for the enforcement of this regulation; PROVIDED. That such fees for services shall not exceed the actual cost of providing any such services CRCW 70.05.060(7)). 8.05.050 SEVERABILITY Should any part of this regulation be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remainder. 8.05.060 EFFECTIVE DATE The effective date of this regulation shall be . '. written "l'l'licatioo fer a I'tlfRlit shall be maae on fOfR1!ll'ro-:iaoa by the healt.. .!Hser. SHch "l'l'licotioa shall iaslHae the aame or BaffiCS .fthe llf'IllisaBt ana .,:!lether SHell apl'lisati.a is for aa indd,hal, ii ' '. H'ffl, 60F)90fat18a af partnershi +h .. . type affaaa "....ioe pr0j3a.ea ana an . e>lh~~' e awhoaliOn ahall "",Iuaelaeatian af Oj3eralien and prapaaal. f4'plioatians far lemPa.",)?faaa s:OffilllIlOnFe'l"ealea en the feRR te help e""lootethe Ibe prepasea Oj3BRl!ian, laeatiaR and !'fapesed' ~e es~lishmenlS shall inoh,de the inol,,"iye dates ef '00' ems. [o.d. 2 85; o.d. 2 77 POFtI ~ 2.21 8,IlS.1l111 Permit IssoRBee. ^. pemrit shall be issHed by the beallh alli . ef the prBmlSes royeal, oemplian.e ',vith ~ :fter re .elpt ef the applieatien and an inspeetien aa es!abashed by this ehaptOF. [Ord.2 77 Part I ~ 2.;[_"15 and Oj3011 reeelpt afinopestian foes 8.11S.11S11 n"mil Display, , "'e feed sOF"iee es!abliaameRI shall apemte afur ',. thIS ehapter eJOe,,!,1 R1 eemplianee with the 1'1'9..' . the .effeetI.e date efthe ..dinan.e eediiied in eaRap!lma"oly displayea aR thepFemises there~~'e~ afthis ehapl", and lIIlIe.s!heFe io pefHlll. [o.a. 277 Part I ~ 2.11 a .alid and e....,-.it fead serviee estahlioHmcnt 8.11S.11611---PeFmil SuspeRsiaR. The bealth allieer may ...speRd the '1 regulali8l1S. '.'.'beRC','er , feaa ealablisbm;R':':"1 ~ al'8f&!~ far failure ta eamply with theoe mleo ana ehaple th - ''is a oamp 'Y n<ilh th a . r a Oj3....ter aball be giveR the a 9flHRi' ". e emORtp",',ioians af tIHs the p"'l'ase af.e .ie'lliRg the il!5fleelioR ~:o..as :. ta a~...d a h.....ag eallea by the health alli.er far eomplumee "AA all yialatiaRS e[these ...Jes d a :a nag al a _lIy "allofaota.y "shed"le af regulallens, shauld the iRspesting allieer hay:Rre~egt aIIeRS. NalVJ1thslaRdiag this praviaiaR efthese oeR<lillens .'''al v/hieh .eastitute a sebollmli I . a:"l. ga....as Ie be"e,'e that UflSanitary ar ather Gireeter sf ew,"':---memal health aBdI th a HBHle ate h02!oro to pl:lelie health he shaH e~taet th h ' . ar e ea~' health lli h e eanng lsse.e a \'"}n.tteB :aetiee that the permit te . ~ eel' ~;1 B may \Tlitheut war:o:iBg, Reaee af ~ Oj3Ofl1!e JS llBffieffiately SllSjleRded. [Ora. 2 77 Part t 8.11S.11711---Permit SuopeaMan ."""peal. Ulfl .. enever a feea seryiee establishmeBt a efater . healtl!.alliser falle":iag a boariag, he may wiU:a w'e ~oel5 aggHeyea by the, deeiala.. made by tho JeffllFSa.. Coenty be..d a[hoallb [-Or-d 2 €S' 0. . ays liIe a ,,_e.. Rellse efappeal with the . . ,a. 2 77 PaR I p.6] 8.05.080 ImpeetioH reeords. . talllishmeals al leasl . f 11 faea se""'Ge es . b' . eehElll5 ea. d UlatlOI1S. pOR The health effieer shall ea.s:o:~: :a~::'"';,emplianGe with th::el:~~:a:':~e allllually, er al freEj.eat ene~ ~e";eril ';alaes efall "ielaliena .~~ 2 85; Ora. 2 77 Part I ! 3.1] €8FHf)letieB erihe msp~CtIO~ ~ e B the inspectieB farms ill use. [ r . estallliabmeat nelilied In wntmg a 8.05.090 nemerit "aIues. h feed .erviee eslallliaftmeHI ' d eiHt valaes eH tI e ! :J I a] , I s shall be the ":elghted h""ar jllQ(j [01'<1 2 85' 01'<12 77 Part 1 .. Demenl ,'a .e " a farm DSHS 9 . . , insj:leeasn repEnt filill. 8e~ngnate as 8.0S.100 ll' aZ8Fd paiR! seores. . . en I"e ilems mast be eeHeGle.a by the . I ia 71 er les6 all ,',elaliaBs . . WheB the "'2.,a jlalm lalal f+t--- '.'.'ROB the ha<3...d jlalm Iota musl be GaffeGled Immea.atel}... eims, all r~d items nellt regular iR!JjlOeaan aRa all fedl~""':f WheB thefO are 30 or mere :~d ~:.~~ day,. At that lime the is al least 73, bet Bal gre;l~e::d th~ hl"e itoms ""'al be e~:et::aj:aejlafffilenl the feia5jleetwB liSl be eeffeetea Imme In a the 6jlemlar shall jl") e Hi hI' shmeat shall be rein5jleelell, an. h Ith aOjl_al foe .ehe""le. eala I fu' the JeffefSe" Ca""l) o. fee as set fen . lfl , . I .11 T~d "ialalieBs ""'51 be a' pelllS, . ., . 'aR if there .... 30 ar more Fe Ilem and Ihe bluo items m Ylolat,on 'I the lime efFam6jleeli " aBallle agreed 6jleB limo). . fOf emplayees la b...;o o . I ( . n.1hiB a Foaa , sh II al pfa--ide lime eOHeeled immell1ale.~. e I j' 00)'5 The ealal>lisRmenI . a sa : be remapeelea and the ajle_ m.wl be eeHeelea'm m .i haling. The oslal>lishmem ma) . . ""safefea _ an eaesaheB seSSlOR ftm t a Feiflspeatis>> fee. shall jlay the health. dejl", eB Els IOQ talal ilem5, Ihe 4 a .1..... af .."eee f h . I tal ",<eeeEls 7 re 1 . and ele.....e a I 0 R1-- \VROB the ha<3ard,jlalB::'it is .ubjeel l<l iHlHl8diata sliSjle":,,ee:lth offiGef, if, m the ajlini"" ealalllishment's faad se", lOe jl f ......ifanmeHlal health sr the ea7::? ~slablishmom has en Teeere a aI' ameBt by the dlfeeter e . h Ita L_~__..I emsts Sf 1 e eola IS a immeal.te ea , , efthe iBSjleelffig alIieef, a - B the last jlfeviaas m!JjleetlaR. hazlHd l'aiHt lalal af 1 Q af mere a t be "aEre.lea ,...ithill a . . ' laliaaa ""'s 'I T_ the .""e aften'l'amry faad ~:~:.:a~l::~;:, 0:11 be .oHeelea imlBedialiJly. Fa. are ~Gilied jleriod aftin.. ael t: ~;:::I in immediate Sli5jlefwia" efthel'efflllt. fBjlly n<ith. oueh nallOe s a te sa .. ~A..R aaministfati-~/e heariBo shall be sooeaeled after tv:a reiB3peetiens aHa faimre fa eeHeet FepeatOEI '.,alatians. The hear.ng .hall revie" the in"l'eelian reeara. ana am'..e at a mntaMI)' .atisfaetar)' ,ehaaa!a af .a"'l'liaooe ':.1th allpr...visioHs efthe slate aBa aalinty rule, ma regelati""s. "\B aelmiBiGt...k..e hcarmg fce may b. eha.g.a ta the aperatar. IB the ev.m the ap....tar refeDe, er fails ta abide by the eamplianee seh.Eiele. the beara may !aka appropriate actien. f4:t-- 'Nh"" an establislun.nt ha, a'''.r thr.e blue items (sanilatian and maiBtenanae) that are r"l'eat.a "a1atiaB. a...er a ea"",e af ene )'e.., th..e "elatiaBs _.t be eeIraelea within 39 aays. At that lime the .slaelishment may ee .einspe.tea and the ap.mter ohallpa)' the health acpaFlmeat a minnpeetiaB foe. [Ora. 2 89; 000. 2 85; Ora. 2 77 PaFt I ~ 3.2] 8.0';.11 0 \dditiooal JlFOYisi8RS. In aaailian ta thas. .eqmrem.nts set foflh b)' the Elate Beara afHea,lth Alles md r.galalians ana the inlCfpretatian by Ihe U.s. PWllio lI.alth S.rYiee 8aBitatian Manual, 197~ Edili..... the "tiplilatiallS eflee 8.95.129 throHgh 8.95.1~9 shall al,e b. met [Ord. 285; Ord. 277 Part I ~ 1.1] 8.05.120 Teilet, handwaslHng facilities. All filaa serv;ee establ;"hmCnlS, ather than tempaFlHY .stablishments, that are eaastrocted ar ""{cHs;-,,e!y reeaBstruatea aftcr Ihe .lkeli',. E1at. .fthe arain""e. eedifiea in this .hapror, &hall have leil.t ana haAdwashing facilities far eaOO sex 'I:hieh ar. a'{ailabl. ta th.publie ana','.'meh are available with"m passing thrangh a roaapr...ee"si,,!; ar stemge area. [Ord.2 77 PeFt I ~ 1.l.al 8.05,130 DaelaleVl' preJt'eRtio8 de1t'iees. All thr.aa.d water tap, insia. ar aatsiae the eDlablishm.m shall b. efjliipp.a with appre'iea siphen b..akers er ather baelrflaw pre'/cnlien a.";.es. [Ora. 2 77 Pal'! 1 ~ 1.1.0] 8,05.140 II and disk",aslling. "'I,'i:here t.~~Q rnslF.v",:,h.;llg is in me, all feee sernee esta13lishmeBts t.a.at are eenstru.eted er 01<1...'i....1)' reeoflstru.tea after the .ffeeli,'" aate af th" "OOm"""e eaelified in this okapl"r sholl pre'/ide a sOjlamle eirain .e""eeloa metal ee"",artmeBl with oenyenieBl spm}' altac-llmoBl adjaoeat Ie, "ut separate frmn the siak washing oe"'!'artmont for the pUfjleDe ef s....ping aB<l preriBDing eating aB<l drinking atensils. [Ora, 2 ;; P<lIt I ~ U.o] I 8,06.160 'Yi'orh:-er pernHts. It shall "e the dat}' ef the epe_r ef c'ief)' eDtablishment te see that all foea scryiee worl[ers are in .."",liance .:;ith Slmo la'.,' re'!"iring sueh wer-k... Ie eMain. yalid foed sen'ioe werker poanits, [Ord. 2 77 Part I ~ 1.l.al I 8.06.hO '\eeess to establishments. Tho health effioer, aIler proper idefttifioalion, shalllle pemtiltea te eBler an}' feea ' estalllioflm<Jat at a"y reasenaele timo fer tho plll'!'ese efinspeoliHg the estabIiDI",,,,at ana.'or e'l'H!lJBeut te aeteenine ee",!,lian.e with theoe regalalieBS. [O<d. 2 77 Pill'll ~ 1.1,e I I 8,06.170------'Fees. ---FeeD shalllle as per Jefforson CeWlly health Elistriot fee sshedule, 1 [Ora, 2 77 Pill'll !i $] I 8,06.180 BlOB revilE-,'-. nIi~r te the eenstnJetiea er remaaeliBg afaRY fuse sanies estahlisHmeRt. plans fer Slieh ea_tlea or romaaeling sOOlllle ""llmillea 10 the heallh department for re'~e':: ""a "l'l'ravalpFier 10 Issu.....e ef a BtnlEling pe""'t .ammeneiag au}' eanowetion Of romaa.ling. [Ord. 2 77 Plll'l ] ~ 6] I 8,06.190--EnfeFeement, tB n ..Jt., . I' ~ T ' en les.. ,ay persa" '110 aIlag er aJ lag to .o",!,~' .;.qth a,,}' a[the I'ro',~siallS of these mles aRa re~tiollS shalllle. guilty ef a misdemeanor, 1" aaditian thereto, Dueh persa" ea" ee enjoinea from eORHllWag SU08 '{JalalleR. Eaoh day lIflan wllioh ,*,08 '/ialalion a.eurs shall .eastilate a separate 'iielatieH. -~ The preseeeting aatharily af Ille eaHIlly ar mwlieipalily iR whieh <my anege" yiel.Ii.." may ae""r andiar Ille eaWlly heallll ameer shall be _~...e'"Yer.,d ta emorcethe pfO\isieas afthis chapter. ~ \Hy se.tieH afthis chajJte, Het .avered in ChajJter 21 g g 1 W f.C (Rules and RegulatioHs af tha gtole Beard efHeaJIll Faed Se,,'ise S<milatiaR) may be ..aived by tha JeifersaR CeURty health deraFlmeHllf It eaeses a haffishir ""Ille oremler ood it eoo be sha":.", that Ha health eard ,:fill result. [Ord, 2 77 Part I ~ 7] FOOD SERVICE NEWS ~ Jefferson County Health and Hurnan Services Spring 2005 MAY 2 BRINGS NEW RULES Jeff~[SQJl;Q1Ull~C_iQ(JJjd:MqY jeffersoncou ntypublichea Ith. org has: + Food worker cards info + Food Worker manual + Permits for restaurants. etc. . Temporary penni!s . Inspections + Regulations Washington State Food Code WAC 246-215 takes effect May 2, including: + Consumer Advisory for undercooked or raw animal products that lets consumer know the risk. + Designated Person in Charge on duty with responsibili- ties for food safety, employee health restrictions. . New cold holding temperature of 41 degrees. + Add cooked fruits and vegetables and garlic in oil to the list of potentially hazardous foods. + No bare hand contact with ready to eat foods. www.doh.wa.gov/ehp/sf/FoodRuleMain.htm Jefferson County Code Chapter 8.05 Food is up for adop- tion on May 19 by the Board of Health, including new lan- guage on hearings for suspended or revoked permits. Pub- lic Hearing to adopt new code, May 19, 2:30-4:30 P.M. at Jef- ferson County Health and Human Services, 615 Sheridan, Port Townsend, Washington. www.jeffersoncountypublichealth.org **************** : ROUTINE INSPECTIONS : : New red/blue inspection form : '* has checklist, starts May 2. '* '* '* : Complex Restaurants: 2 or : '* more inspections/year '* '* '* * Simple menu: 1 or morelyear '* '* '* : Temporary Events: 1 or more : ,*inspecffons/year '* '*********'**'**'*** ENVIRONMENTAL HEALTH DIRECTOR TAKES THE HELM Michael McNickle came on board April 25. Mike has extensive food safety experience in the industry and environmental health experi- ence for the State and Kitsap County. He heads our department which includes food safety, on- site sewage systems, drinking water quality, solid waste, and natural resources. ellAJ1UES "GO FOO:D UlO~t:E~ eLASSES eOJ1"GEJ1"G When will the new video be used in the class? What will the new exam be like? How can I get Food Protection Manager Certification? Starting in May, we will offer new course content for Food Worker Card Classes to include the changes in the food rules. Tacoma-Pierce County made a cartoon-like video. Look for new man- ual on www,jeffersoncountypublichealth.org soon. When your card is coming up to expire or if you are new to food handling, call 385-9444 to register for a class. The new exam looks something like the old exam. It has 32 multiple choice questions. You can miss six and still pass. You can repeat the exam if you miss more than six. The areas covered in class and on the exam are: 1. Food Worker Knowledge and Health 2. Personal Hygeine 3. Food Microbiology 4. Cold Holding 5. Thawing 6. Cooking 7. Hot Holding 8. Cooling 9. Reheating 10. Cross-contamination 11. Cleaning and Sanitizing }fOOl) P2Cm:&e1UOft JIlAJt~ e&M1UP1eAlUOft Food Protection Manager Certification is available from three approved courses: 1. ServSafe 2. Thomson Prometric (formerly Experior Assessments) 3. National Registry of Food Safety Professionals We are offering ServSafe June 28. Fee will be $181. Call 385-9444 to register. Kitsap Health District (360-337-5235) offers ServSafe Food Managers Certification classes. Food Protection Manager Certification is one way you can demonstrate knowledge of food safety when you are the Person In Charge. Your inspector will want to see your certificate. Otherwise, you must be able to answer the inspector's questions about food safety in your establishment. Page 3 Spring 2005 Class Details FOOD WORKER CLASSES When and where: · Wednesdays at Health Department, 615 Sheridan (next to QFC in Port Townsend) at 4 to 5:30 · Fourth Thursday of the month at Tri-Area Center (Across from Chimacum Schools) at 3 to 4;30 · (Arrive 15 minutes early to check-in and reserve a seat for either class) · Holidays may mean cancelled classes. Call 385-9444 to check. Cost: $10 check or exact change please Pre-Registration: Call 385-9444 to pre-register if you can (drop-ins are welcome, but seat is not guar- anteed.) When you pre-register you still need to arrive 15 minutes early to secure your seat. After quar- ter to the hour we give away your seat to drop-ins. Special Classes During the off season (October to May) we will provide a class per request at your site if you have at least 10 people. We can no longer do this during the summer season due to our work load. If you are a food worker with a special need for assistance (language, reading difficulty, or other needs), let us know and we will assist you with a special class or assistance. We offer the class in sev- erallanguages if requested. Your Food Worker Card You will receive a Washington State Food Workers card upon successful completion of the class. Keep a copy of the card at each place you work in food service. The cards are good for two years if it is a new card or you did not renew in time. You will get a three year card if you renew within 2 weeks of expiration of your previous Washington State Food Worker card. Your card is good allover the state. Take your class during the off-season to help us and your fellow food-workers if you can! Page 4 Spring 2005 Videos at .JCHHS-Check These Out Environmental Health Staff Videos: . FOOD SAFETY: You Make the Difference (various languages) . THE SNEEZE Director Mike McNickle Dana Flckeisen. R.N. Susan Porto, R.S. Linda Atkins. R, S. Randy Marx Office Hours: Monday-Friday. 9:00 AM to 4:30 PM Food, Waler, Pools On-Sile Septic Systems Food Safety Tools For Loan or Purchase Digital long stem thermometer Dial long stem thermometers Test strips for measuring concentration of sanitizing solutions: chlorine quaternary ammonia Magnetic or adhesive mount thermometers to monitor refrigeration Check Out Tralnina Materials Glow Germ Hand Washing Awareness Tool $11.00 $6,00 $1.50 $2.50 $3.00 Free We wouid appreciate any suggestions or comments you may have. Please contact the Environmental Health Food Safety Program at 385-9444. or stop by and see us at Jefferson County Health and Human Services, 615 Sheridan Street. Port Townsend, 98368. C aBed uO!leWJoJul ssel:> Z aBed oJU! ssep MaN ~ aBed saln~ pOO:l MaN '''aplSU! B9CB6 '1M 'puaSUMO.L l.lod laGJ1S ueppa4S !H 9 sao!J\Jas uewnH 'lI 41leaH ^IUnO:l uOSJajJar st 'ON .LIW~3d '1M 'aN3SNMO.L.L~Od alVd 3~V.LSOd 's'n . a~VaNV.LS a3.L~OS3~d SM.~N ~~!A.I~S POOd L Health Department Chapter 8.0S FOOD SERVICE SANITATION Sections: 8.05.010 Purpose 8.05.020 Regulations adopted 8.05.030 Hearings 8.05.040 Fees 8.05.050 SeverabUlty 8.05.060 Effective date ORDINANCE NO. 06-0519-OS (Repeals & Replaces Ordinance No. 2-85) (Adopted by Jefferson County Health Board) 8.05.010 Purpose The pwpose of Chapter 8.05 of the Jefferson County Code is to establish local Board of Health standards for food safety to supplement 246-215 WAC to promote and protect the heallb, safety, and well.being of the public and prevent the spread of disease through food. 8.05.020 Regldationsadopted The Rules and Regulations of the Washington State Board of Health for Food Service Sanitation, WAC 246-215, is hereby adopted by reference as the rules and regulations governing food service sanitation in Jefferson County, and including subsequent revisions thereto. 8.05.030 Hearings A. Reauest for a Hearin2 Followin2 Notice of SUS1leDSion of a Food Establiohrnent Permit Any permit holder who has received a notice of suspension of a food establishment permit may request a hearing by filing a written request for a hearing within ten days of receipt of the notice of suspension. The Health Officer will hear such appeals. The Health Officer's decision regarding an order prohibiting use may be appealed to the Board of Health. Any action to review the Health Officer's decision must be filed within thirty (30) days of the date of the decision. I. Administrative Hearing: Any person aggrieved by an order suspending a food establishment permit may request, in writing, a hearing before the Health Officer or his or her designee. The appellant shall submit specific statements, in writing, of the reason why error is assigned to the Health Officer's decision. Such request shall be presented to the Health Officer within ten (10) days of the action appealed. Upon receipt ofsuch request, together with any applicable hearing fees, the Health Officer shall notify the person in writing of the time, date, and place of such hearing, which shall be set at a mutually acceptable time not more than thirty (30) days from the date the request was received. The Health Officer will issue a decision affirming, reversing, or modifying the order prohibiting use. The Health Officer may require additional actions as part of the decision. Pagelof4 2. Hearin2 Procedures: Hearings shall be open to the public and presided over by the Health Officer. Such hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing, and a statement of the cause for the hearing. The Health Officer sha11 then swear in all potential witnesses. The case sball be presented in the order directed by the Health Officer. The appellant may present rebuttal. The Health Officer may question either party. The Health Officer may allow for a closing statement or summation. General rights include: (a) To be represented by an attorney; (b) To present witnesses; (c) To cross-examine witnesses; (d) To object to evidence for specific grounds. In the conduct of the proceeding, the Health Officer may consider any evidence, including bearsay evidence that a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The Health Officer shall decide rulings on the admissibility of evidence, and the Washington rules of evidence shall serve as guidelines for those rulings. Inasmuch as any appeal to the Board of Health from a Health Officer decision is a review on the record, the Health Officer sball ensure that the record generated contains testimonial and documentary evidence supporting the Health Officer's issuance of the order prohibiting use. The Health Officer may continue the hearing to another nmtually acceptable date to allow for additional submission of infonnation or to allow for additional consideration. Prior to closing of the hearing, the Health Officer sha11 issue its oral ruling unless the Health Officer determines that the matter should be taken under advisement. Written findings of fact, conclusions of law, and orders sball be served on the appellant within fourteen days (14) of the oral ruling. If the matter is taken under advisement, written findings, conclusions, and orders shall be mailed to the appellant within twenty-one (21) days of the close of the bearing. The appellant shall bear the burden of proof and may overcome the order suspending the food establishment permit by a preponderance of the evidence. 3. ADocals: Any decision of the Health Officer shall be final and maybe reviewable by an appeal filed with the Board of Health through the Health Officer. Any action to review the Health Officer's decision must be filed within thirty (30) days of the date of the decision. B. Reauest for Hearin2 Followin2 Notice of Revocation of a Food Establishment Permit: 1. Administrative HeBrinR: Any permit holder in receipt of a notice of revocation of a food establishment permit may request, in writing, a hearing before the Health Officer or his or her designee. The appellant shall submit specific statements in writing of the reason why error is ..signed to the decision of the Health Officer. Such request shall be presented to the Health Officer within ten (10) days of the action appealed Upon receipt of such request, together with any applicable hearing fees, the Health Officer sha11 notify the person in writing of the time, date, and place of such hearing, which shall be set at a mutually acceptable time not more than thirty (30) days from the date the request was received. The Health Officer will issue a decision aflinning, reversing, or modifying the revocation order. The Health Officer may require additional actions as part of the decision. Pagc2of4 2. HearinS Procedures: Hearings shall be open to the public and presided over by the Health Officer. Such hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing, and a statement of the cause for the hearing. The Health Officer shall then swear in all polaltial witnesses. The case shall be presented in the order directed by the Health Officer. The appellant may present rebuttal. The Health Officer may ask questions. The Health Officer may allow the opportunity for a closing statement or summation. General rights include: (a) To be represented by an attorney; (b) To present witnesses; (c) To cross-examine witnesses; (d) To object to evidence for specific grounds. In the conduct of the proceeding, the Health Officer may consider any evidence, including hearsay evidence that a reasonably prudent person would rely upon in the conduct ofbis or her affairs. Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts ofthis state. The Health Officer shall decide rulings on the admissibility of evidence, and the Washington rules of evidence shall serve as guidelines for those rulings. Inasmuch as any appeal to the Board of Health from a Health Officer decision is a review on the record, the Health Officer shall ensure that the record generated contains testimonial and documentary evidence supporting the Health Officer's order revoking the food estab1ishment permit. The Health Officer may continue the hearing to another mutually acceptable date to allow for additional submission of infonnation or to allow for additional consideration. Prior to closing of the hearing, the Health Officer shall issue its oral ruling unless the Health Officer determines that the matter should be taken under advisement. Written findings of fact, conclusions of law and orders shall be served on the appellant within fourteen days (14) of the oral ruling. If the matter is taken under advisement, written findings, conclusions and orders shall be mailed to the appellant within twenty-one (21) days of the close of the hearing. The appellant shall bear the burden of proof and may overcome the permit revocation order by a preponderance of the evidence. 3. Anneals. Any decision of the Health Officer shall be final and may be reviewable by an appeal filed with the Board of Health through the Health Officer. Any action to review the Health Officer's decision must be filed within thirty (30) days of the date of the decision. 4. Anneal of Health Officer's Decision to Board of Health: a. Any person aggrieved by the findings, conclusions or orders of and administrative hearing conducted by the Health Officer shall have the right to appeal the matter by requesting a hearing before the Board of Health. Such notice of appeal shall be in writing and presented to the Health Officer within thirty (30) days of the Health Officer's decision. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the Health Officer. b. The suspension or revocation of food establishment permits by the Health Officer shall remain in effect dwing the appeal process. Any person affected by the suspension may make a written request for a stay of the decision to the Health Officer within five (5) business days of the Health Officer's decision. The Health Officer will grant or deny the request within five (5) business days. Page 3 of4 c. Upon receipt of a timely written notice of appeal, the Health Officer shall set a time, date, and place for the requested hearing before the Board of Health and shall give the appellant written notice thereof. Such hearing shall be set at a mutually convenient time not less than fifteen (15) days or more than thirty (30) days from the date the appeal was received by the Health Officer unless mutually agreed to by the appellant and Health Officer. d. Board of Health hearings sball be open to the public and presided over by the chair of the Board of Health. Such hearings shall be recorded. Board of Health hearings shall be opened with a recording of the time, date and place of the hearing; and a statement of the cause for the hearing. The hearing sball be limited to argument of the parties and no additional evidence sball be taken unless, in the judgment of the chair, such evidence could not bave reasonably been obtained through the exercise of due diligence in time for the hearing before the Health Officer. Argument shall be limited to the record generated before the Health Officer unless the cbair admits additional evidence hereunder. e. Any decision of the Board of Health shall be final and may be reviewable by an action filed in Superior Court. Any action to review the Board's decision must be filed within thirty (30) days of the date of the decision. 8.05.040 Fees The Board of Health sball establish fee schedules for issuing or renewing licenses or permits or for such other services as are authorized by the law and the rules of the state board of health and necessary for the enforcement oflhis regulation: PROVIDED, That such fees for services sball not exceed the actual cost of providing any such services (RCW 70.05.060(7)). 8.05.050 Severability Should any part of this regulation be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remainder. 8.05.060 Effective date The effective date oflhis regulation shall be May 19,2005. David Sullivan, Vice Cbainnan (Execused) Roberta Frissell, Member ~l 1..AP;] "i?'trick M. R~, Member Page 40f 4 JEFFERSON COUNTY BOARD OF HEALTH TO: Board of Health FROM: Jean Baldwin DATE: 5-10-05 SUBJECT: Mission and Name of County Health Department STATEMENT OF ISSUE: The current Mission and Name of Jefferson County Department of Heath and Human Services may not be an accurate representation of existing services and local priorities. The community work, bulk of employees and programs provide Public Health services. Human Services of the original DSHS services are no longer within department since the Drug and Alcohol services were privatized last year. Developmental Disability Services and their Board fit within the Health department. DD like Natural Resources both have a reporting & regulatory relationship to the Board of County Commissioners. ANALYSIS: Name: Jefferson County Public Health clearly identifies a department and unites clinical services, environmental Health services and community prevention work. Mission: The Mission of Jefferson County Public Health is to protect the health of all Jefferson County residents by promoting, safe, healthy communities and environments. FISCAL IMPACT: JCHHS will have to modify contracts with a new name. This change will take about a year as new contracts and vendor renewals come in. Staff RECOMMENDATION: Change name to Jefferson County Public Health Adopt Mission. '!" STATEOFWASIDNGTON County of Jefferson Authorizing the Substance Abuse } Advisory Board (SAAB) to Report to } the Jefferson County Board of Health } RESOLUTION NO. WHEREAS, the misuse of substances of alcohol, tobacco and drugs impacts the health and pocketbooks of all Americans including the residents of Jefferson County; and WHEREAS, Health Data of Jefferson County reveals substance abuse is among the top three health risks for citizens of this county; and WHEREAS, both the prevention of substance abuse and treatment for those who abuse these substances will improve the health and quality of life of citizens within Jefferson County; and WHEREAS, the Jefferson County Board of County Commissioners, acting in their parallel role as the Jefferson County Board of Health, created a Substance Abuse Advisory Board (or "SAAB") as permitted by RCW 70.96A.300 in 1975 and appointed members to the SAAB; and WHEREAS, the SAAB has been providing recommendations and advice to the County Commission since its creation; and WHEREAS, the County Commission wishes to expressly say "thank you" for all the excellent work to all of the persons who have served on the SAAB since its inception; and WHEREAS, at least three circumstances have changed since the creation of the SAAB that impact the operations of the SAAB; and WHEREAS, the first changed circumstance was the creation of a seven- member, multi-jurisdictional (it now includes city, county, citizen and hospital district representatives) County Board of Health that has as it statutory obligation the duty to promote the health and welfare of the citizens of this County, thus shilling the 'legislative' work relating to health issues from the County Commission to the enlarged County Board of Health; and WHEREAS, the second changed circumstance is the decision of this County to not be a pass-through agency for many of the state-funded programs, for example, the programs relating to substance abuse treatment; and WHEREAS, the County also does not now employ a person who can staff the SAAB or be the liaison to the SAAB for the County Commission; and WHEREAS, the County Commissioners are not, because of the changed circumstances listed above, the policy-makers regarding health-related policy issues and no longer supervise or monitor substance abuse treatment programs now handled by the private sector. WHEREAS, all of the above changed circumstances make the reconstituted Jefferson County Board of Health, pursuant to its statutory obligation to promote the health and welfare of citizens of this County, better suited to be the recipient of the information, advice and recommendations of the SAAB NOW, THEREFORE, BE IT RESOLVED by the Jefferson County Board of County Commissioners as follows: 1. that the County's Substance Abuse Advisory Board shall report its findings, recommendations, information and advice to the seven-member County Board of Health, a multi-jurisdictional policy making body charged with promoting the health and welfare of the citizens of this County; and 2. that the County Commission delegates to the County Board of Health its obligation and duty to appoint in the future members to the Substance Abuse Advisory Board; and 3. that the County Commission retains for itself full authority to determine all other procedural and substantive issues relating to or arising from the Substance Abuse Advisory Board and/or the state statutes authorizing such a Board.