ORDINANCE NO. BILL NO.

Transcription

1 ORDINANCE NO. BILL NO. AN ORDINANCE AMENDING THE CARSON CITY MUNICIPAL CODE TITLE 9, HEALTH AND WELFARE, CHAPTER 9.04 HEALTH DIVISION PERMITS AND FEE SCHEDULE, AMENDING SECTION DEFINITIONS TO CLARIFY AND EXPAND DEFINITIONS AND ADD A DEFINITION OF INVENTORY, AMENDING SECTION PERMITS REQUIRED, UPDATING THE LANGUAGE OF THE SECTION TO CLARIFY THE TYPE OF HEALTH PERMITS THAT ARE ISSUED AMENDING SECTION DUTIES OF THE PERMIT HOLDER, TO CLARIFY LANGUAGE, AMENDING SECTION PERMITS, APPROVALS AND OTHER REQUIREMENTS, TO CLARIFY LANGUAGE UPDATE, UPDATE FEE LANGUAGE, ADD FEES FROM TITLE 12 INTO TITLE 9, AMENDING SECTION REVOCATION OR SUSPENSION, TO CLARIFY LANGUAGE, AMENDING SECTION PENALTIES, ADDITION OF LANGAGE FROM SECTION , DELETING SECTION ADDITIONAL FEES, DELETING SECTION SEVERABILITY AND OTHER MATTERS PROPERLY RELATED THERETO. THE BOARD OF SUPERVISORS OF CARSON CITY DO ORDAIN: Section I: follows: Title 9, Chapter 9.04 of the Carson City Municipal code is hereby amended as Sections: Definitions Permits required Duties of the permit holder Permits, approvals and other requirements Revocation or suspension Penalties Additional fees. Reserved Severability. Reserved. Section II: as follows: Title 9, Chapter of the Carson City Municipal Code is hereby amended Page 1 of 12

2 Definitions. The following definitions shall apply throughout this chapter unless a different meaning is clearly indicated by the context or is stated in any of the several sections: 1. "Approval" means acceptable to [the department] Carson City Health & Human Services and so stated in writing, by permit, or indicated by stamp or seal. 2. ["Department" (CCHD)] CCHHS means [the Carson City health department] Carson City Health & Human Services. 3. "Health authority" [means the health officer of the Carson City health department or his or her designee] means the officers and agents of the local Board of Health. [4. "Permit" means a written permit, stamp or seal of approval issued by the Carson City health department] 4. "Health officer" means the person who is named as the city physician and who is learned in sanitary science, public health practice and the diagnosis of infectious diseases [5. "Person" includes any natural individual, firm, trust, partnership, association, institution, corporation, or any other business entity and includes the plural as well as the singular, feminine as well as the masculine.] 5. Inventory means any area of operation that is inspected and permitted by the Carson City Health & Human Services based on the risk to public health. [6. Sanitary code means all of the rules and regulations pertaining to health, sanitation and environment which are adopted by the board of health of Carson City, or the state of Nevada.] 6. "Permit" means a written permit, stamp or seal of approval issued by the Carson Health & Human Services. [7. "Health officer" means the person who is named as the city physician and who is learned in sanitary science, public health practice and the diagnosis of infectious diseases.] 7. "Person" includes any natural individual, firm, trust, partnership, association, institution, corporation, or any other business entity and includes the plural as well as the singular, feminine as well as the masculine. 8 Sanitary Code means all of the rules and regulations pertaining to health, sanitation and environment which are adopted by the board of health of Carson City. Section III: Title 7, Chapter of the Carson City Municipal Code is hereby amended as follows: Permits required. A health permit is required for the following establishments, businesses or activities: Page 2 of 12

3 [a. Food Service Establishments, Bars, Mobile Catering Retail and Wholesale, Grocers and Markets, Bakeries, Produce Stands and Temporary Food Establishments. All establishments preparing, serving, selling or delivering food or drink for human consumption shall have a health permit as required by this title before beginning any operation, and shall be inspected in accordance with state of Nevada Regulations Governing the Sanitation of Food Establishments, Mobile Food and Drink, and Servicing Depots and the Carson City Municipal Code. ] a. Food establishment inventories preparing, serving, selling or delivering food or drink for human consumption shall have a health permit as required by this title before beginning any operation, and shall be inspected accordingly, including, but not limited to, Convenience Stores, Retail Groceries, Ice Cream Shops, Retail Food Producers, Bakeries, Wholesale Distributing, Restaurants, Coffee Carts, Vending Machine Companies, Meat Departments, Bars and Lounges, Produce Departments, Seafood Departments, Mobile Ice Cream, Snow Cone Vehicles, Deli Departments, Child Care with Food Service, Mobile Food Vehicles, Caterers, Continental Breakfasts, Bed and Breakfasts, Take Outs, School Cafeterias and other fee exempt establishments, and Temporary Food Establishments. b. [The state of Nevada Rules and Regulations for Child Care Facilities Regulations Governing Services and Facilities for Children (NAC 432A) are adopted as part of the Carson City health code.] Commercial and home child care facility inventories shall have a health permit as required by this title before beginning any operation, and shall be inspected annually[ at least every six (6) months for conformance with these rules and regulations.] in accordance with NAC 432A.260. [All applicants for a permit to operate a child care facility must undergo a basic sheriff's investigation, and must pay the sum of twenty-five dollars ($25.00) for the cost of the investigation. ] c. Public accommodation inventories [includes] including hotels[,] and motels [and roominghouses or boardinghouses] which provide accommodations to the transient public shall have a health permit as required by this title before beginning any operation, and shall be inspected on an annual basis in accordance with [the state of Nevada Law Governing Sanitation and Safety of Hotels and Public Accommodations (] NRS 447 and NAC 447 [), as amended.] d. [Trailer Parks, Mobilehome Parks, Recreational Vehicle Parks. Any park] Mobile home park and recreational vehicle park[s which are any park] inventories renting space for temporary or permanent parking of a mobile home, trailer or recreational vehicle shall have a health permit as required by this title before beginning any operation, and shall be inspected on an annual basis in accordance with [the state of Nevada Regulations Governing Mobile Home and Mobilehome Parks, and regulations governing Sanitation Facilities for Camping Vehicles.] NRS 461A and NAC 461A. e. Public bathing places inventories including [Swimming] swimming pools, hot springs, and spas shall have a health permit as required by this title before beginning any operation, and shall be inspected [monthly during months of operation] at least once a Page 3 of 12

4 season in accordance with the Carson City Municipal Code and [the state of Nevada Regulations Governing Public Bathing Places.] NRS and NAC f. Invasive body decoration inventories including tattoo, body piercing and permanent cosmetic operations shall have a health permit as required by this title before beginning any operation, and shall be inspected on an annual basis in accordance with the Carson City Municipal Code. g. Public institution inventories including public and private elementary, middle, and high schools, shall have a health permit as required by this title before beginning any operation, and shall be inspected on a biannual basis in accordance with NRS and NAC h. Bottled water plant inventories shall have a health permit as required by this title before beginning any operation, and shall be inspected on an annual basis in accordance with NAC 445A A.590. i. Jail and detention center inventories shall have a health permit as required by this title before beginning any operation, and shall be inspected on an annual basis in accordance with NAC 211. Section IV: Title 9, Chapter of the Carson City Municipal Code is hereby amended as follows: Duties of the permit holder. The owner, person in charge or control, or the lessee, [tenant or occupant] of every [building,] inventory, establishment, premises, place, potable water supply, sewerage or drainage system has the duty to and shall keep, place and preserve the same in such condition, and to conduct and maintain the same in such manner, that it shall not be dangerous to the public health or in violation of the rules and regulations of the [sanitary code] Sanitary Code. Section V: Title 9, Chapter of the Carson City Municipal Code is hereby amended as follows: Permits, approvals and other requirements. 1. No person shall engage in one (1) of the activities enumerated in Section without first obtaining a permit from the [CCHD or by submission of plot plans or construction Page 4 of 12

5 drawings, and shall be completed in all pertinent details] CCHHS unless permitted under another governmental public health agency. 2. Permit applications shall be made on forms provided by the [CCHD] CCHHS or by submission of plot plans or construction drawings, and shall be completed in all pertinent details. 3. No application for permit shall receive approval until a complete health inspection has been made and all deficiencies corrected. The applicant shall demonstrate to the [CCHD] CCHHS compliance with all pertinent state and municipal health laws, regulations and ordinances before a permit will be issued. 4. In cases where the submission of plans and/or specifications is required, no construction, modification or adaptation shall commence, except that required to eliminate, remove or minimize imminent or immediate danger to the public health and well-being, unless the required plans have been approved. Construction shall be in conformance with the approved plans and specifications. 5. The approval of plans and specifications shall lapse and become invalid one (1) year from the date of approval if the majority (one-half (1/2) or more) portion of the work described in the plans and specifications has not commenced by such anniversary date. 6. Permits are valid for one (1) year from the date of issuance thereof unless suspended or revoked by the [CCHD] CCHHS for violation of the [health code] Sanitary Code. Each inventory is to be charged separately. Fees collected for such permits are not refundable. No permit is transferable from person to person or place to place. 7. Every permit must at all times be kept on the premises or in the vehicle designated and displayed in a conspicuous manner therein. [When practicable, permits shall be framed and protected against soiling and shall be available for inspection by the department or the public.] 8. No permit shall be issued and no permit is valid until the bona fide permit fee is received by the [CCHD] CCHHS or its designated representative: a. By cash, check, money order, credit card or cashier check to the CCHD CCHHS or its designated representative at the time of application. b. Once an operator of a [property] properly licensed business within Carson City has been issued a health [permit] permits, billing for [permit fee] fees to cover a subsequent year will be mailed prior to the expiration date of [such] each permit. Payment for the health [permit] permits must be made prior to issuance of any business license. Fees shall be paid according to the following schedule: Page 5 of 12

6 FEE SCHEDULE Permits, [Inspections,] Plans, Examinations Other Fees SCHEDULE A Permits Food [Service] Establishment Inventory. For any one [or combination of]: a. [Restaurant, coffee shop, cafeteria, cafe, luncheonette, grill, tearoom, sandwich shop, catering kitchen, cocktail lounge, nightclub, industrial feeding establishment, ice cream store, drive-in, or similar establishment, permit and fire inspection:] Convenience Store, Retail Grocery, Ice Cream Shop, Retail Food Producer, Bakery, Wholesale Distributing, Restaurant, Coffee Cart, Vending Machine Company, Meat Department, Bar and Lounge, Produce Department, Seafood Department, Mobile Ice Cream, Snow Cone Vehicle, Deli Department, Child Care with Food Service, Mobile Food Vehicle, Caterer, Continental Breakfast, Bed and Breakfasts, Take Outs Seating capacity of: [1-50] 0-50 $ [ ] [ ] over [200] (c)(3) Nonprofit organization each additional inspection [b. Meat market, when not part of retail grocery, food market] [75.00] [c. Food catering] [Mobile catering (industrial catering truck), vehicle inspection and permit per unit] No charge [50.00] [d.] b. Temporary Food Establishment. one-day permit one-day late fee days permit days late fee days permit days late fee (c)(3) Nonprofit organization No charge Exempt from inspection permit No charge [e. Retail grocery, food market] [75.00] [$10.00 additional for Page 6 of 12

7 each checkout stand over 3.] [f. Bakery, donut shop, when not part of grocery or market] [75.00] [g. Produce market, food warehouse] [50.00] Child Care Facility Inventory licensed for: [Per child] [2.00] 12 children or less children or more Public Accommodations. Permit, 10 units or less $ [35.00 ]75.00 Over 10 units [35.00 ]75.00 [plus $1.00 for each additional unit over 10 units] [Commercial Swimming Pools, Hot Springs, Spas] Public Bathing Places Inventory. Seasonal (6 months or less) Year-round Mobile Home Park, RV Park Inventory. [$.50 per space plus] [35.00 ]75.00 Invasive Body Decoration Inventory. Invasive Body Decoration Establishment Invasive Body Decoration Temporary Permit SCHEDULE B Plan Review Fee Schedule Plan review per inventory [only, except as indicated below] (Food Establishment, Child Care, Public Bathing Place, Public Accommodation, Invasive Body Decoration, RV Park, Public Institutions, Bottle Water Plants and Jail and Detention Centers) Subdivision plot (if required in addition to plot plan review by public [50.00 ] works department) [Food Service Establishment] [50.00 ] [Swimming Pool] [50.00 ] [Revision fee per inventory] [25.00] a. Individual Sewage Disposal System-New. Includes plot plan review, initial open trench inspection, final inspection and permit Page 7 of 12

8 Each additional trip to site requested by owner/contractor or for inspection when site not prepared at appointed time Renewal of installation of permit prior to expiration b. Individual Sewage Disposal System-Repair. Includes plot plan review, permit and on-site inspection (2) c. Individual Sewage Disposal System-Abandonment. Includes plot plan review, permit, and final inspection d. Domestic Water Supply Systems New or Redrill. Includes plot plan review, initial inspection, final inspection and permit Each additional trip to site requested by owner/contractor or for inspection when site not prepared at appointed time e. Domestic Water Supply Systems-Abandonment. Includes plot plan review, permit, and final inspection f. Remodel or addition plan review that does not have an effect on Individual Sewage Disposal System or Domestic Water Supply System g. Renewal of installation permit prior to expiration h. Each additional trip requested. For an Individual Sewage Disposal System or a Domestic Water 5.00 Supply System SCHEDULE C Other Fees Food Handler [Examination/Certificate] Card 5.00 Water Samples (private) Taken by[ CCHD] CCHHS Loan Applications: (includes certifications) a. On-site verification of ISDS b. Water sample c. ISDS and water d. Percolation test observation Additional inspections Pool Operators [Examination/Certificate] Card 5.00 [Massage Establishment] [35.00] Page 8 of 12

9 [Pre-licensing Inspections] Application Fee Replacement certificates/permits may be obtained from the [CCHD] CCHHS on payment of a fee of two dollars ($2.00). Such documents shall be marked "Duplicate." 10. No person shall refuse to allow the [CCHD] CCHHS to inspect fully any and all premises of facilities at any reasonable time, and no person shall interfere with the [CCHD] CCHHS on the discharge of its duties whether in inspections for application approval or for the enforcement of the sanitary code. Refusal to allow inspection or interference with the [CCHD] CCHHS shall be grounds for refusal of a permit. 11. Anyone aggrieved by the refusal to grant a permit may within five (5) days of such refusal appeal in writing to the Carson City board of supervisors which shall conduct a hearing thereon. Section VI: Title 9, Chapter of the Carson City Municipal Code is hereby amended as follows: Revocation or suspension. 1. Permits issued under the provisions of this chapter may be suspended temporarily by the [CCHD] CCHHS for failure of the holder to comply with the requirements of this chapter. Whenever a permit holder is found to be in noncompliance with the provisions of this chapter, the permit holder shall be given a written notice thereof, such written notice to specify in detail the corrective measures necessary to bring the permit holder back into compliance, and a time period for implementation. 2. Any person whose permit has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the permit. Within ten (10) days following receipt of a written request, including a statement signed by the applicant that the conditions causing the suspension of the permit have been corrected, [the department] CCHHS shall make a reinspection. If the applicant is complying with the requirements of this chapter, the permit shall be reinstated. 3. For serious or repeated violations of any of the requirements of this chapter or for the interference with the [CCHD] CCHHS in the performance of its duties, the permit may be permanently revoked following an opportunity for a hearing before the board of supervisors. Any permit holder whose permit is being considered for revocation shall be notified by certified mail, return receipt requested. The permit shall be permanently revoked at the end of five (5) days following the date of service of such notice, unless a request for a hearing is filed with the [department] CCHHS within such five (5) day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto. 4. The hearings provided for in this section shall be conducted by the board of supervisors at a time and place designated by them. Based upon the record of such hearing, the board of Page 9 of 12

10 supervisors shall make a finding and shall sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the [health department] CCHHS. Section VII: Title 9, Chapter of the Carson City Municipal Code is hereby amended as follows: Penalties. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor. In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation. The Carson City Health & Human Services provides numerous programs and services to the public. The programs and services include, but are not limited to, well-baby examinations, vaccinations, disease investigation, family planning, physical examinations and the administration of medications. CCHHS has the authority to set reasonable fees to provide these services and programs to the public. Such fees for the programs and services must be set for the sole purpose of defraying the costs and expenses of the programs and services and not for the purposes of general revenue. Section VIII: Title 9, Chapter of the Carson City Municipal Code is hereby deleted but reserved for future use [ Additional fees. The Carson City Health Department provides numerous programs and services to the public. The programs and services include, but are not limited to, well-baby examinations, vaccinations, disease investigation, family planning, physical examinations and the administration of medications. CCHD has the authority to set reasonable fees to provide these services and programs to the public. Such fees for the programs and services must be set for the sole purpose of defraying the costs and expenses of the programs and services and not for the purposes of general revenue.] Reserved. Section IX: Title 9, Chapter of the Carson City Municipal Code is hereby deleted but reserved for future use Severability. Should any section, sentence, clause, phrase or word of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. Reserved. Page 10 of 12

11 Section X: If any clause, sentence, section, provision or part of this chapter shall be adjudged to be unconstitutional or invalid for any reason by any court of competent jurisdiction, such judgment shall not invalidate, impair or affect the remainder of this chapter. Section XI: ordinance. That no other provisions of the Carson City Municipal Code are affected by this PROPOSED on (month) (day), PROPOSED by _. PASSED (month) (day), VOTE: AYES: SUPERVISORS: NAYS: SUPERVISORS: ABSENT: SUPERVISORS: Robert Crowell, Mayor ATTEST: ALAN GLOVER CLERK/RECORDER. Page 11 of 12

12 This ordinance shall be in force and effect from and after the day of the month of of the year, Page 12 of 12