Chapter 8.05
PUBLIC HEALTH DISTRICT REGULATIONS
Sections:
8.05.060 Right of appeal and hearing by petitioners.
8.05.070 Notices, hearing and orders – Notice of violation.
8.05.100 Emergency requiring immediate action.
8.05.010 Title.
The title of this chapter is the Columbia County public health district health fee schedule ordinance governing fees for issuing or renewing licenses, permits, and certifications. [Ord. 88-01 § 1.]
8.05.020 Scope.
A valid annual permit, annual certification or approval of plans issued by the district health officer is required for operating a food service establishment; installing on-site sewage disposal systems; pumping septic tanks; developing a small public water system; operating a public or semi-public swimming pool; constructing, expanding, remodeling, or operating a mobile home park, recreational vehicle park, camp or park; labor camps and schools; and constructing or remodeling a food establishment. [Ord. 88-01 § 2.]
8.05.030 Authority.
RCW
70.46.060 District Board of Health Powers and Duties.
70.05.070 Local Health Officer – Powers and Duties; (7) Collect fees as are established by local board of health.
70.46.120 License or Permit Fees.
[Ord. 88-01 § 3.]
8.05.040 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
“Board” shall mean the Columbia County public health district, board of health, as defined in Chapter 70.05 RCW.
“Camp” means a group camp which is established or maintained for recreation, education, vacation or religious purposes for use by organized groups and wherein these activities are conducted on a closely supervised basis and wherein day-to-day living facilities, including food and lodging, are provided either free of charge or by payment of a fee.
“Certified installer” shall mean a person certified by the district health officer to install on-site sewage disposal systems.
“Certified septage pumper” shall mean a person certified by the district health officer to engage in the business of pumping septage.
“Food establishment” shall mean any fixed or mobile restaurant, coffee shop, cafe, short order cafe, luncheonette, grill, tea room, sandwich shop, soda fountain, tavern, bar, cocktail lounge, night club, roadside stand, industrial food establishment, retail grocery, retail food market, retail meat market, retail bakery, private or public nonprofit organizations routinely serving food, catering kitchen, commissary, or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.
“Grey water” shall mean all household and business waste other than from sewage and toilets, including but not limited to sink water, laundry wastes and waste from showers and baths.
“Health officer” or “district health officer” shall mean the district health officer as defined in Chapter 70.05 RCW.
“Labor camps” shall mean all housing together with the land areas appurtenant thereto provided by employers, growers, management or other persons for occupancy by workers, or workers and dependents, in agriculture, logging, mining or construction, and shall include housing either at the site of employment or elsewhere.
“Mobile home park” means a plot of ground under the ownership or management of one or more mobile homes for dwelling or sleeping purposes.
“On-site sewage disposal system” means any system of piping, treatment devices, or other facilities that convey, store, treat or dispose of sewage on the property where it originates or on an adjacent or nearby property under the control of the user where the system is not connected to a public sewer.
“Park” means areas or camps established or maintained for use by the public as a place for picnicking, camping or vacationing.
“Plan review” shall mean plans submitted to the district health officer for his approval for the following: Labor Camps, Chapter 248-60 WAC; Food Establishments, Chapter 248-84 WAC; Public Water Systems, Chapter 248-54 WAC; short and long plats under Columbia County subdivision ordinances, CCC Title 17; Mobile Home Parks, Chapter 248-75 WAC; recreational vehicle parks as per “Guidelines”; Camps and Parks, Chapter 248-72 WAC; Alternative On-Site Sewage Disposal Systems, Chapter 148-96 WAC; Schools, Chapter 248-64 WAC.
“Public swimming pool” shall mean an artificial pool of water having a depth of 24 inches or more, used for swimming or recreational bathing together with buildings and appurtenances in connection therewith, and shall be construed as including all pools of water used for swimming or recreational bathing in which it is necessary to employ such measures as the addition of clean water or disinfectant or both, for the purpose of maintaining the water quality standards as outlined in Chapter 248-98 WAC, and shall include any swimming pool owned by the state of Washington or any of its political subdivisions or is a pool generally available to the general public upon the payment of a specific admission charge for the use of the same; and shall include pools maintained by hotels, motels or private clubs as an additional facility for members or guests where the same is 1,500 square feet or more in surface area or any pools not otherwise defined in this chapter.
“School” shall mean any publicly financed or private or parochial school or facility used for the purpose of school instruction, from kindergarten through twelfth grades. This definition does not include a private residence in which parents teach their own natural or legally adopted children.
“Semi-public pool” shall mean a pool provided by a hotel, motel or private club as an additional facility for members or guests where the same is less than 1,500 square feet in surface area and having a water depth of 24 inches or more.
“Septage” (black water) shall mean all waste from household and business toilets, including but not limited to that waste found in septic tanks or sewage pits.
“Small public water systems” shall mean (Class II) a community water system serving 25 or more people at least 60 days out of a year, or (Class IV), a community water system having fewer than 10 services or a noncommunity water system serving fewer than 25 people or any public water system which is not a Class II or Class III system.
Temporary Food Establishments. A temporary permit is required when a food service function is open to the public at large and a charge is made for food served. The fee may be waived for churches, granges and other nonprofit organizations. Bake sales, candy sales, potlucks and other similar food sales sponsored by the organization shall be deemed exempt when such function is carried out on an occasional basis within the facility. Organizational breakfasts, luncheons and dinners that are limited to members and guests shall also be exempt.
“Well site evaluation” shall mean an evaluation of a proposed well site by the district health officer for a public water supply to assure that the well site location meets the requirements of Chapter 248-54 WAC, Public Water Supplies. [Ord. 88-01 § 4.]
8.05.050 Fees.
As may be established by the board of the Columbia County public health district. [Ord. 88-01 § 5.]
8.05.060 Right of appeal and hearing by petitioners.
Any person aggrieved by a decision relating to the public health officer or any public health district employee acting under the authority of the district health officer shall have the right to appeal the matter before the Columbia County public health district, board of health, pursuant to CCC 8.05.070, 8.05.080 and 8.05.090. [Ord. 88-01 § 6.]
8.05.070 Notices, hearing and orders – Notice of violation.
Whenever the district health officer determines that there are reasonable grounds to believe that there has been a violation of Chapter 248-84 WAC, Food Service Sanitation; Chapter 248-54 WAC, Public Water Supplies; Chapter 248-87 WAC, Food Workers; Chapter 248-96 WAC, On-Site Sewage Disposal; Chapter 248-98 WAC, Swimming and Wading Pool – Bathing Beaches; Chapter 248-64 WAC, Primary and Secondary Schools, or any other administrative law or code applying to public health, the district health officer shall give notice of such alleged violations to the person to whom the permit or certification was issued, as hereinafter provided. Such notice shall:
A. Be in writing;
B. Include a statement of the reason for the issuance;
C. Allow a reasonable time for performance of any act it requires;
D. Be served upon the owner or his agent as thereof has been sent by certified or registered mail to his last known address, or when he has been served with such notice by any method authorized or required by the laws of this state;
E. Contain an outline of remedial action, which when taken, will effect compliance with the provisions of the pertinent regulations or ordinance. [Ord. 88-01 § 7.]
8.05.080 Hearing.
Any person affected by any decision of this chapter may request and shall be granted a hearing on the matter before the Columbia County public health district, board of health; provided, that such person shall file in the office of the district health officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 30 days after the day the decision was made. The filing of the request for a hearing shall operate as a stay of any decision or notice and of the suspension except in the case of an order issued under CCC 8.05.100. Upon receipt of such petition, the district health officer shall set a time and place for such hearing, the petitioner shall be given an opportunity to be heard and to show why such decision or notice shall be modified or withdrawn.The hearing shall be commenced not later than the next regular district health meeting; provided, that upon application of the petitioner, the district board of health officer may postpone the date of the hearing for a reasonable time beyond the next regular district board of health meeting when, in his judgment, the petitioner has submitted good and sufficient reasons for such postponement. [Ord. 88-01 § 8.]
8.05.090 Order in writing.
After such hearing, the district health officer shall make findings as to compliance with the provisions of this chapter and shall issue an order in writing sustaining, modifying or withdrawing the notice, which shall be served as provided in CCC 8.05.070(D), failing to comply with any order sustaining or modifying a decision, the notice or permission, the permit or certification effected by the order shall be revoked. [Ord. 88-01 § 9.]
8.05.100 Emergency requiring immediate action.
Whenever the district health officer finds that an emergency exists which requires immediate action to protect the public health, he may, without notice of hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency, including the suspension of the permit or certification. Notwithstanding any other provision of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the district health officer shall be afforded a hearing as soon as possible. The provisions of CCC 8.05.080 and 8.05.090 shall be applicable to such hearing and the order issued thereafter. [Ord. 88-01 § 10.]
8.05.110 Penalty clause.
Any person found violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than $25.00 nor more than $100.00. Each day’s operation thereafter in violation shall constitute a separate offense and shall be subject to the prescribed penalties. [Ord. 88-01 § 11.]
8.05.120 Renewal date.
Renewal date of annual permits shall be January 1st of each calendar year and shall be considered delinquent after February 15th of that year. [Ord. 88-01 § 12.]