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28E Agreement_Dubuque County for Health Inspection Pools SpasCITY OF DUBUQUE, IOWA MEMORANDUM February 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Mitligen, City Manager Interagency Agreement between the City of Dubuque and the Dubuque County Board of Health for Inspection of Pools and Spas in Dubuque County Public Health Specialist Mary Rose Corrigan is recommending approval of an Interagency Agreement with the Dubuque County Board of Health for City inspection and enforcement of swimming pools and spas. I concm' w/th the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Mary Rose Corrigan, Public Health Specialist CITY OF DUBUQUE, IOWA MEMORANDUM February 5, 2002 TO: Michael C. Van Milligen, City Manager FROM: Mary Rose Corrigan, Public Health Specialist SUBJECT: Interagency Agreement between the City of Dubuque and the Dubuque County Board of Health for Inspection of Pools and Spas in Dubuque County INTRODUCTION This memorandum provides a recommendation for updating the City's contract for the inspection of swimming pools and spas. BACKGROUND Since 1991, the City of Dubuque Health Services Department has maintained an interagency agreement with the Iowa Department of Public Health to enforce the State swimming pool and spa inspection program consistent with the provisions of Chapter 641- 15, lAC. We have maintained this agreement by performing the necessary duties to uphold it and by participating in annual audits by the Iowa Department of Public Health swimming pool/spa staff. The City chose to inspect not only public pools and spas within the city limits, but also in the county, since staff time allowed and it was cost prohibitive. We currently have two certified pool operators on staff who have also undergone specific training required for inspectors by the Iowa Department of Public Health. DISCUSSION Our existing contract is between the Iowa Department of Public Health and the City Board of Health. Swimming pool/spa agreements must go through local boards of health. Since the City dissolved its Board of Health, we must develop a new contract through the County Board of Health since the City wants to maintain this inspection program. Attached is a proposed contract between the Iowa Department of Public Health and the Dubuque County Board of Health. Aisc attached, is an interagency agreement between the Dubuque County Board of Health and the City of Dubuque, This interagency agreement basically details the duties of the inspecting agency and passes on the responsibility of the Board's contract with the Iowa Department of Public Health to the City of Dubuque Health Services Department. We do not anticipate any change in service, As always, if an enforcement proceeding involving the courts would be necessary in the county, we would work with the County Attorney. To date, we have not had to resort to these matters. Pool and spa owners have been compliant in correcting deficiencies since the rules and regulations provide for an effective means of enforcement without court action. Aisc attached, is a list of the pools and spas in the city and county. Currently, there are nine pools/spas in the county, and eighteen locations in the city of Dubuque. RECOMMENDATION It is recommended that the City Council approve the attached Interagency Agreement with the Dubuque County Board of Health for the inspection and enforcement of swimming pools and spas. CITY COUNCIL ACTION The City Council authorize the City Manager to sign the agreement with the Dubuque County Board of Health for inspection of swimming pools and spas in Dubuque County. MRC/cj cc: Paul Buss, Director, Dubuque County Health Department INTERAGENCY AGREEMENT BETWEEN THE DUBUQUE COUNTY BOARD OF HEALTH AND THE CITY OF DUBUQUE This Agreement is made and entered into between the Dubuque County Board of Health (hereinafter referred to as Board) and the City of Dubuque (hereinafter referred to as City). 1. Authority. This agreement is entered into pursuant to the provisions of Iowa Code Chapter 28E and shall constitute the entire agreement between the Board and the City with respect to the inspection and enforcement of swimming pools and spas. Nothing in this agreement or its attachments shall be construed as limiting the power of the Board to inspect, enforce or to take any other actions necessary for the continued proper administration of rules and regulations relating to the swimming pool and spa program. If any provision contained herein is in conflict with any State, Federal or Local law or shall be declared to be invalid by any court of record of this State, such invalidity shall affect only such portions as are declared invalid or in conflict with the law. 2. Statement of Purpose: The purpose of this Agreement is to delegate the Board's inspection and enforcement authority with respect to swimming pool and spa operation, as specified in 1989 Iowa Code Supplement Chapter 135I and Chapters 641-15, tAC, and in the 28E Agreement with the Iowa Department of Public Health, and to specify the extent and manner of cooperation between the two agencies in conducting programs for the inspection and enforcement of rules relating to swimming pools and spas. 3. Duties. The duties of the parties are listed in Attachments A and B, which are hereby made a part of this agreement. 4. Period of Agreement. This agreement is valid from February 21, 2001 and shall continue unless terminated as stated herein. 5. Legal or Administrative Entity Created: No new legal or administrative entity is created by this agreement. 6. Manner of Financing: The functions to be performed by the City under the provisions of this agreement, are to be financed by the City. The City shall collect registration fees pursuant to the Iowa Code I35I and 641-Chapter 15, Iowa Administrative Code. 7. Reporting. The City shall provide the Board and the Iowa Department of Public Health with a report of its inspection and enforcement activity on a semi-annual basis. These reports are due at the Iowa Department of Public Health no later than: (I) July 10 for the 2nd calendar quarter, for the period January I thru June 20: (ii) January 10 for the 4th calendar quarter, for the period I July thru December 21. These semi-annual reports shall consist of: (I) The number of inspections conducted during the period. (ii) Number of pools/spas requiring enforcement action. (iii) Number of pools/spas closed. (iv) Number of pools/spas where legal action was required to eliminate deficiencies. 8. Termination: The Board or the City may terminate this agreement by providing to the other party a written notice of intent to terminate this agreement, at least 20 daYs prior to the intended date of termination. The notice shall specify the reasons for termination, and shall be delivered via U.S. certified mail. Upon termination, the City shall transfer to the Board all inspection and enforcement records in its possession and all other documents generated as a result of this program not later than 30 days following the stated termination date. IN WITNESS WHEREOF, the Board and the City have executed two copies of this Agreement, each shall be considered an original. CITY OF DUBUQUE Michael C. Van Milligen City Manager Date ~IJ ~L~ DUBUQUE COUNTY BOARD OF HEALTH Dr. John Viner, Chair Dubuque County Board of Health Date ATTACHMENT A DUTIES OF CITY OF DUBUQUE 1. Personnel, The City states that it has or will acquire all personnel required for the performance of the work specified, The City shall continue to employ sufficient personnel to perform the services of this contract. 2. Compliance, Inspections and Monitorinq: The City has the primary responsibility for enforcing the rules relating to the inspection and enforcement of the swimming pool and spa programs (Chapters 15, IAC). Nothing in this agreement however, shall constitute (or be construed to constitute) a valid defense by regulated parties in violation of any local, state or federal statute, regulation or permit. The City may provide public information and consultation to the public and swimming pool and spa operators in addition to inspection services to eliminate or minimize potential health and safety problems. 3. Violations. Violation of the provisions of Chapters 15, Iowa Administrative Code and City of Dubuque Ordinance or Board Rules shall be addressed through the penalty for noncompliance provisions of the City of Dubuque ordinance or of any other applicable ordinance, resolution, rules and/or regulations. 4. Interqovernmental Cooperation: The City shall submit such information as the Board may require to show compliance with the swimming pool and spa program rules and the adequate implementation of the inspection and enforcement authority. A1-FACHMENT B DUTIES OF THE IOWA DEPARTMENT OF PUBLIC HEALTH 1. The Iowa Department of Public Health shall register all swimming pools and spas, provide for plan review and on-site inspections of new construction, conduct seminars and training sessions for operators, and disseminate information regarding health practices, safety measures, and operating procedures in accordance with 135I, the Iowa Code. 2. Training of local inspectors: The Iowa Department of Public Health shall provide training for local inspectors and public information brochures to facilitate compliance with 135I, the Iowa Code. 3. Review of the City of Dubuque Proqram: The Iowa Department of Public Health shall annually provide for a certification inspection, which shall include a review of the rules, policies and procedures in the City of Dubuque program, and performance of local inspectors including on-site side by side inspections. The Iowa Department of Public Health shall advise City of its findings in writing. Follow-up shall be done on all deficiencies discovered in the City of Dubuque program. 4. Technical Assistance: The Department shall continue to provide technical information and consultation to the local program. 5. Compliance: The Iowa Department of Public Health will limit its involvement in compliance activities to audits and annual certification of the City of Dubuque program as well as review and comment on any proposed changes in the County's program unless: (I) The City specifically requests the Iowa Department of Public Health's involvement and the Iowa Department of Public Health agrees to accept responsibility: (ii) The Iowa Department of Public Health may initiate enforcement actions where specific City of Dubuque's program actions regarding a specific individual set of circumstances are determined by the Iowa Department of Public Health to not be timely or inappropriate. The Iowa Department of Public Health will, however, clearly state its position in writing and allow City of Dubuque SO days to act prior to initiating any Iowa Department of Public Health enforcement actions; (iii) The Iowa Department of Public Health is enforcing the provisions of Rules 641-15,5 or 641-15.53(135I), IAC. 6. InterQovernmental Cooperation: In addition to the assistance and cooperation noted regarding specific issues above, the Iowa Department of Public Health will keep City of Dubuque informed of state and federal developments which may affect the swimming pool and spa program in the City of Dubuque. The Iowa Department of Public Health may also provide additional information requested by City of Dubuque in relation to the swimming pool and spa program, INTERAGENCY AGREEMENT BETWEEN IOWA DEPARTMENT OF PUBLIC HEALTH THE DUBUQUE COUNTY BOARD OF HEALTH This Agreement is made and entered into between the Iowa Department of Public Health (Department) and the Dubuque County Board of Health (Board of Health). 1. Authority: This Agreement is entered into pursuant to the provisions of Iowa Code Chapter 28E and Iowa Code 135I. This Agreement and attachments together with Chapters 641-15, Iowa Administrative Code (IAC), for as long as it remains in effect, shall constitute the entire Agreement between the Department and the Board of Health with respect to the inspection and enforcement of swimming pools and spas laws. Nothing in this Agreement or its attachments shall be construed as limiting the power of the Department to inspect, enforce or to take any other actions consistent with the provisions of Chapters 641-t5, lAC, or any other roles established under Chapter 15, which the Department deems necessary for the continued proper administration of rules and regulations relating to swimming pools and spas. In the event of a breach by the Board of Health of a term or condition of this Agreement, such breach shall be considered by the Department to determine the effect of the breach on the remaining terms or conditions of this Agreement. If any provision contained herein is in conflict with any State, Federal or Local law or is declared to be invalid by any court of record of this State, such invalidity shall affect only such provisions as are declared invalid or in conflict with the law. Any remaining provisions shall continue to be in effect until the Department reviews this Agreement. 2. Statement of Purpose: The purpose ofttds Agreement is to delegate the Department's inspection and enforcement authority with respect to swimming pools and spas, as specified in Iowa Code Chapter 1351 and Chapters 641-15, lAC, and to specify the extem and manner of cooperation between the two agencies in conducting programs for the inspection and enforcement of rules relating to Swimming pools and spas in the City of Dubuque and Dubuque County. Particular emphasis is placed on ensuring that the proposed Board of Health swimming pool and spa program meets or exceeds the minimum standards required by the Department. 3. Delegation: The Board of Health is authorized to enforce swimming pool and spa laws or rules and regulations, as long as this Agreement is in force. 4. Duties: The duties of the parties are set forth in Attachments A and B, which are hereby made a part of this Agreement. 5. Period of Agreement: This Agreement shall commence on February 1, 2001, and shall continue in perpetuity unless terminated as stated herein. This Agreement is subject to the annual review and certification of the local program. 6. Legal or Administrative Entity Created: No new legal or administrative entity is created by this Agreement. 7. Manner of Financing: The functions to be performed by the Board of Health, under the provisions of this Agreement, are to be financed by the Board of Health at no obligation to the state. The Board of Health shall collect inspection fees pursuant to Iowa Code Supplement 1351 and Chapter 15, Iowa Administrative Code. The Board of Health shall reimburse the Department for services which it provides including but not limited to, training, and local program certification and administrative costs associated with registration, data management and the development and dissemination of literature (see Attachment B). The Department shall bill the Board of Health on July 31 of each calendar year for the actual costs of services it provides for the previous calendar year. 8. Reporting: The Board of Health shall provide the Department with a report of its inspection and enforcement activity on a semi-annual basis. These reports are due at the Department offices in Des Moines no later than: (i) July 10, for the period January 1 thru June 30; (ii) January 10, for the period 1 July thru December 31. Semi-aunual reports shall consist of: (i) The number of inspections conducted during the period. (ii) Number of pools/spas requiting enforcement action. (iii) Number of pools/spas closed. (iv) Number of pools/spas where legal action was required to eliminate deficiencies. .9. Termination: The Department or the Board of Health may terminate this Agreement by providing to the other party a written notice of intent to terminate this Agreement, at least 30 days prior to the intended date of termination. The notice shall specify the reasons for tennination, and shall be delivered by U. S. certified mall. Upon termination, the Board of Health shall deliver to the Department all inspection and enforcement records in its possession and all other documents generated as a result of this Agreement not later than 30 days following the stated termination date at the following address: Iowa Department of Public Health Swimming Pool and Spa Program Lucas State Office Building Des Moines, Iowa 50319-0075 10. Filing and Recording: ~_is Agreement shall be filed with the Secretary of State and recorded with the Polk County Recorder before it shall be in full force and effect, all pursuant to Iowa Code 28E.8. IN WITNESS WHEREOF, the Department and the Board of Health have executed two copies of this Agreement, each of which shall be considered an original. Signature John Viner, MD Signature Date t/~ /0~ Date DUBUQUE COUNTY BOARD OF HEALTH BOARD OF HEALTH IOWA DEPARTlVlENT OF PUBLIC HEALTH ATTACHMENT A DUTIES OF THE DUBUQUE COUNTY BOARD OF HEALTH 1. Personnel: The Board of Health states that it has or will acquire all personnel required for the performance of the work specified under this agreement pursuant to Rules 641-15.13 and 641- 15.61(135I), Iowa Administrative Code, IAC. The Board of Health is contracting with the Dubuque City Health Department to employ sufficient personnel to perform the services of this Agreement. Prior to the effective date of this agreement, the Board of Health shall submit the following to the Department: The names, rilles, mailing address and phone numbers of the employees and/or agency that would be responsible for implementing the provisions of Chapters 641-15, Iowa Administrative Code in the City of Dubuque and Dubuque county. 2. Compliance, Inspections and Monitoring: The Board of Health has the primary responsibility for enforcing the rules relating to the inspection and enforcement of the swimming pool and spa programs (Chapters 15, lAC), in the City of Dubuque and Dubuque county as long as this Agreement is in force. Nothing in this Agreement, however, shall constitute or be construed to constitute a valid defense by regulated parties in violation of any local, state or federal statute, regulation or permit. The Board of Health may provide public information and consultation to the public and swimming pool and spa operators in addition to inspection services to eliminate or minimize potential health and safety problems. 3. Violations: Violation of the provisions of Chapters 15, Iowa Administrative Code shall be addressed through the penalty for noncompliance provisions of Chapter 15, Iowa Administrative Code or County ordinances or any other applicable ordinances, resolutions, roles and/or regulations. 4. Intergovernmental Cooperation: The Board of Health shall submit such information as the Department may require to show compliance with the swimming pool and spa programs roles and the adequate implementation of the inspection and enforcement authority delegated to the Board of Health. ATTACHMENT B DUTIES OF THE DEPARTMENT 1. The Department shall register all swimming pools and spas, provide for plan review and on site inspections of new construction, conduct seminars and training sessions for operators, and disseminate information regarding health practices, safety measures, and operating procedures in accordance with Iowa Code Chapter 1351. 2. Training of Local Inspectors: The Department shall provide training for local inspectors and public information brochures to facilitate compliance with Iowa Code Chapter 1351. 3. Review of the Dubuque County Board of Itcalth Program: The Department shall annually provide for a certification inspection, which shall include a review of the rules, policies and procedures in the Dubuque County Board of Health program, and performance of local inspectors including on site side by side inspections. The Department shall advise the Dubuque County Board of Health of its findings in writing. Follow-up shall be done on all deficiencies discovered in the Dubuque County Board of Health program. 4. Technical Assistance: The Department shall continue to provide technical information and consultation to the Board of Health. 5. Compliance: The Department will limit its involvement in compliance activities to audits and annual certification of the Dubuque County Board of Health program as well as review and comment on any proposed changes in the County's program unless: (i) The Dubuque County Board of Health specifically requests the Department's involvement and the Department agrees to accept responsibility; (ii) The Department may initiate enforcement actions where specific Dubuque County Board of Health's program actions regarding a specific individual set of circumstances are determined by the Department to not be timely or inappropriate. The Department will, however, clearly state its position in writing and allow the Dubuque County Board of Health 30 days to act prior to initiating any Department enforcement actions; or (iii) The Department is enforcing the provisions of Rules 641-15.5 or 641-15.53(135I), lAC. 6. Intergovernmental Cooperation: In addition to the assistance and cooperation noted regarding specific issues above, the Department will keep the Dubuque County Board of Health informed of state and federal developments which may affect the swimming pool and spa program. The Department may also provide additional information reqUested by the Dubuque County Board of Health in relation to the swimming pool and spa program.