28E Interagency Agreement with the Dubuque County Board of HealthMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
kittri
All-America City
111 '
2007
SUBJECT: Interagency Agreement between the City of Dubuque and the Dubuque
County Board of Health for Inspection of Pools and Spas, Tattoo Parlors
and Tanning Facilities in Dubuque County
DATE: June 15, 2010
Public Health Specialist, Mary Rose Corrigan is recommending execution of an
Interagency Agreement between the City of Dubuque and the Dubuque County Board
of Health for inspection of pools and spas, tattoo parlors and tanning facilities in
Dubuque County.
concur with the recommendation and respectfully request Mayor and City Council
approval.
Micha I C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mary Rose Corrigan, RN, Public Health Specialist
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, Ci ty�ll�jbager
FROM: 'Mary Rose Corrigan, RN, blic Health Specialist
DATE: June 9, 2010
Currently, the following number of facilities are inspected:
City County
Pools /spa 22 9
Tanning facilities 8 11
Tattoo parlors 5 0
Dubuque
All- AmedcaCAy
2007
SUBJECT: Interagency Agreement between the City of Dubuque and the Dubuque
County Board of Health for Inspection of Pools and Spas, Tattoo Parlors
and Tanning Facilities in Dubuque County
INTRODUCTION
This memorandum provides a recommendation for continuing the City's contract for the
inspection of swimming pools and spas, tattoo parlors and tanning facilities in Dubuque
County.
BACKGROUND
Since 1991, the City of Dubuque Health Services Department has enforced the State
swimming pool and spa inspection program consistent with the provisions of Chapter
641 -15, IAC. In 2007, tanning facilities and tattoo parlors were added to the Agreement.
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. The City
inspects public pools and spas, tanning facilities and tattoo parlors within the city limits,
and also in Dubuque County. 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
The existing contract is between the Iowa Department of Public Health and the
Dubuque County Board of Health. These agreements must go through local boards of
health.
Attached is the Interagency Agreement between the Iowa Department of Public Health
and the Dubuque County Board of Health. Also attached, is an interagency agreement
between the Dubuque County Board of Health and the City of Dubuque. This
interagency agreement 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.
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, tattoo parlors and tanning establishments.
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
and the City of Dubuque.
MRC/cj
cc: Paul Buss, Director, Dubuque County Health Department
This Agreement, dated for reference purposes the day of , 2010, is
made and entered into between the Dubuque County Board of Health (the Board) and the
City of Dubuque, Iowa (City).
SECTION 1. AUTHORITY.
INTERAGENCY AGREEMENT
BETWEEN
THE DUBUQUE COUNTY BOARD OF HEALTH
AND
THE CITY OF DUBUQUE
1.1. This Agreement is entered into pursuant to the provisions of Iowa Code Chapter
28E and shall constitute the entire Agreement between the Board and City with respect to
the inspection and enforcement of swimming pools and spas, tattoo establishments and
tanning facilities.
1.2. 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, tattoo establishments and tanning facilities program.
1.3. 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.
SECTION 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 Iowa Code Chapter 1351 and Chapter 641 -15, IAC, and
in the Board's 28E Agreement with the Iowa Department of Public Health, attached hereto
as Attachment A, 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, tattoo establishments and tanning facilities.
SECTION 3. DUTIES. The duties of the parties shall be as set forth in Attachments B
and C, which are hereby made a part of this Agreement. The references in Attachments B
and C to "Contractor" shall be construed to mean City.
SECTION 4. PERIOD OF AGREEMENT. The term of this Agreement shall be from July
1, 2010 through June 30, 2013.
SECTION 5. LEGAL OR ADMINISTRATIVE ENTITY CREATED. No new legal or
administrative entity is created by this Agreement.
SECTION 6. MANNER OF FINANCING. The functions to be performed by City under
the provisions of this Agreement shall be financed by City. City shall collect and retain
060910baI
registration fees pursuant to the Iowa Code Chapter 1351 and Chapter 641- 15, Iowa
Administrative Code.
SECTION 7. REPORTING. City shall provide the Board and the Iowa Department of
Public Health with a report of its inspections and enforcement activities on a semi - annual
basis utilizing an approved reporting format
SECTION 8. TERMINATION.
8.1. The Board or City may terminate this Agreement by providing to the other party with
written notice of intent to terminate this Agreement not less than 30 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.
8.2. Upon termination, City shall transfer to the Board 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 termination date.
IN WITNESS WHEREOF, the Board and City have executed two copies of this
Agreement, each of which shall be considered an original.
CITY OF DUBUQUE, IOWA DUBUQUE COUNTY BOARD OF
HEALTH
By:
Michael C. Van Milligen By:
City Manager Paul Scherrman, Chair
2
ATTACHMENT A
28E- 2011 - PTT -DB
BETWEEN THE
IOWA DEPARTMENT OF PUBLIC HEALTH
AND
DUBUQUE COUNTY
3
Name
Mary Rose Corrigan
Business Name
City of Dubuque Environmental Health
Street Address
City of Dubuque Health Services 1300 Main St.
City. State. Zip
Dubuque. IA 52001
Telephone Number
563- 589 -4181
IDPH
Iowa Department of Public Health
Promoting and Protecting the Health of Iowans
Thomas Newton, MPP, REHS Chester J. Culver
Director Governor
28E- 2011 - PTT -DB
BETWEEN THE
IOWA DEPARTMENT OF PUBLIC HEALTH
AND
Patty Judge
Lt. Governor
Dubuque County
This Agreement is made and entered into by and between Dubuque County. hereinafter called the
CONTRACTOR and the Iowa Department of Public Health. hereinafter called DEPARTMENT
pursuant to Iowa Code Section 28E.12.
PURPOSE: It is the mutual desire of the CONTRACTOR and the DEPARTMENT to assure the Health
and safety of the public by providing effective errvironnental health services. This agreement delegates
the DEPARTMENT'S inspection and enforcement authority with respect to swimming pools and spas.
tattoo establishments. and tanning facilities to the CONTRACTOR.
I. The term of this Agreement shall be July 1. 2010 to June 30. 2013.
II. Contract Administrators
Ken Sharp. Director. Division of Environmental Health is the Authorized State Official for this
agreement. The Authorized State Official must approve any changes in the terms. conditions. or
amounts specified in this contract. Questions regarding implementation of this contract should
be referred to Cannily Stone at telephone (515)281 -0921 Of Cannilv.Stone(a idph.state.ia.us
Mary Rose Corrigan has been designated by the CONTRACTOR to act as the Contract
Administrator. This individual is responsible for financial and administrative matters of this
contract.
III. General Provisions
A. The DEPARTMENT agrees to:
I. Provide technical assistance and consultation to the CONTRACTOR on matters
related to the swimming pool and spa program. the tattoo establishment program.
and tanning facility program.
Lucas State Office Building, 321 E. 12th Street, Des Moines. IA 50319 -0075 • 1 -866- 227 -9878 • www.idph.state.ia.us
DEAF RELAY (Hearing or Speech Impaired) 711 or 1- 800 - 735 -2942
4
II. Develop and provide training for local inspectors. inspection forms. semiannual
reporting format. and public information brochures that support the services
outlined in this agreement.
III. Delegate enforcement activities to the CONTRACTOR unless:
1. The CONTRACTOR specifically requests the DEPARTMENT's
involvement and the DEPARTMENT agrees to accept responsibility.
2. The CONTRACTOR actions are determined by the DEPARTMENT to be
inappropriate or untimely.
B. The CONTRACTOR agrees to:
I. Provide the services outlined in this agreement in the following geographic
area(s):
1. City of Dubuque. Dubuque County
II. Ensure employees providing inspection services outlined in this agreement obtain
a minimum of twelve (12) hours of continuing education per year. The
continuing education must be training that has been approved for credit by the
Iowa Environmental Health Association's Environmental Health Registry. The
CONTRACTOR shall provide evidence of meeting this requirement upon request
from the DEPARTMENT.
III. Link with the local board of health for each jurisdiction where services are
provided to assist the local board of health in performing its roles and
responsibilities as defined in 641 IAC-77.3.
IV. Provide consultation and information to swinuning pool and spa facilities. tattoo
facilities. and tanning facilities at the time of inspection of the facility, to
eliminate or minimize potential health and safety problems.
V. Allow the DEPARTMENT to review the CONTRACTOR'S program at the
DEPARTMENT'S discretion. which may include a site visit. The review shall
include a review of the rules, policies. and procedures of the CONTRACTOR: a
review of records maintained by the CONTRACTOR related to this agreement:
and a review of the CONTRACTOR'S compliance with this agreement.
Following each site visit, the DEPARTMENT may submit a written report to the
CONTRACTOR which identifies the findings of the site visit. The
DEPARTMENT may request that the CONTRACTOR submit a corrective action
plan with a timetable to address any deficiencies or problems noted in the site
visit. The CONTRACTOR shall submit the corrective action plan to the
DEPARTMENT for approval within the timelines outlined in the written report.
The CONTRACTOR agrees to implement the plan after it is approved by the
DEPARTMENT. Failure to do so may result in suspension or termination of the
contract.
VI. Submit a semiannual inspection report on the approved reporting format to the
DEPARTMENT.
VII. Submit a seiuiainual report on the progress of the county meeting the following
Iowa Public Health Standards:
1. Standard AD -3 Comply with and enforce public health laws. rules. and
regulations.
2. Local Criteria EH1c -L Maintain a policy and procedure manual for all
environmental health services provided. The manual must address
minimum required components.
3. Standard EH -2 Monitor environmental health risks and illnesses.
4. Standard EH -3 Enforce environmental health Hiles and regulations.
VIII. Maintain accurate. current. and complete records of all activities related to this
agreement for a period of three years.
IV. For the Swununing Pool and Spa Program
A. The DEPARTMENT agrees to:
I. Register swimming pools and spas pursuant to Iowa Code Chapter 135I and 641
I.AC -15.9.
II. Conduct plan review and perform on -site inspections of new construction or
reconstruction pursuant to 641 IAC -15.5 and 641 IAC - 15.52.
B. The CONTRACTOR agrees to:
I. Employ adequate personnel to perform swinuuing pool and spa program services
outlined in this agreement. Personnel conducting inspections of swinuning pools
and spas shall meet the requirements defined in 641 LAC - 15.13.
II. Conduct annual and for -cause inspections of all registered swinuning pools and
spas within the coverage area outlined in this agreement to determine compliance
with 641 IAC — 15.4. 15.11. 15.12. and 15.51.
III. Pursuant to 641 IAC — 15.6. conduct enforcement actions of violations of the
rules governing operation of swinuning pools and spas found in 641 IAC — 15.4.
15.11. 15.12. and 15.51.
IV. Submit an annual report to the DEPARTMENT that contains the following
information:
1. The ntunber of swinuning pool and spa inspections completed each
month. including routine and special inspections.
2. The percentage of facilities with violations that submitted approved
corrective action plans within the timeframe specified by the
CONTRACTOR.
3. The percentage of facilities that complied with the corrective action plan
at the next regular or special inspection.
4. The number of swinuning pools and spas that were closed by the
CONTRACTOR or by the facility management for rule violations.
V. For the Tattoo Establishment Program
A. The DEPARTMENT agrees to:
I. Permit tattoo artists. permanent color technologists. tattoo establishments. mobile
units. and temporary establishments in accordance with Iowa Code Section
135.37 and 641 IAC - 22.7.
H. Disseminate to the CONTRACTOR information regarding sanitation. infection
control. and operating procedures related to the tattoo establishment program.
III. Provide artist and establislunent status updates.
B. The CONTRACTOR agrees to:
I. Employ adequate personnel to perform tattoo establishment program services
outlined in this agreement. Personnel conducting inspections of tattoo
establisluuents shall have successfully completed a bloodbonne pathogen
certification course from the American Red Cross or an equivalent nationally
recognized organization and meet one of the following qualifications:
6
1. Registered Environmental Health Specialist/Registered Sanitarian
(REHS/RS) in good standing with the National Environmental Health
Association.
2. Certified Environmental Health Technician (CEHT) in good standing with
the National Environmental Health Association.
3. Provide documentation to the DEPARTMENT that the combination of
education and experience are consistent with the requirements of the
REHS!RS and/or CEHT credentials.
II. Conduct annual and for -cause inspections of all pennitted tattoo establishments.
temporary establishments. mobile units, and upon receipt of complaint about an
establishment or artist within the coverage area outlined in this agreement to
determine compliance with 641 IAC — 22.3. 22.4. 22.5. 22.6. 22.7, 22.12. 22.13.
22.15. 22.16.
III. Pursuant to 641 IAC — 22.16. conduct enforcement actions of violations of the
rules governing operation of tattoo establislunents found in 641 LAC — 22.3. 22.4.
22.5. 22.6. 22.7. 22.10. 22.11. and 22.15.
IV. Subunit an annual report to the DEPARTMENT that contains the following
information:
1. The number of tattoo establishment inspections completed each month.
including routine and special inspections.
2. The violations that were noted on the inspection sheet in 50% or more of
the facilities inspected.
VI. For the Tanning Facilities Program
A. The DEPARTMENT agrees to:
I. Permit tanning facilities in accordance with Iowa Code Chapter 136D and 641
IAC - 46.4.
II. Provide the CONTRACTOR training material for tanning facility operators.
III. Disseminate to the CONTRACTOR information regarding health practices. safety
measures, and operating procedures related to the tanning facility program.
IV. Provide tanning facility status updates.
B. The CONTRACTOR agrees to:
I. Employ adequate personnel to perform tanning facilities program services
outlined in this agreement. Personnel conducting inspections of tanning facilities
shall meet one of the following qualifications:
1. Registered Environmental Health Specialist/Registered Sanitarian
(REHS/RS) in good standing with the National Environmental Health
Association.
2. Certified Einvirou mental Health Technician (CEHT) in good standing with
the National Environmental Health Association.
3. Provide documentation to the DEPARTMENT that the combination of
education and experience are consistent with the requirements of the
REHS /RS and/or CEHT credentials.
II. Conduct ammual and for -cause inspections of all permitted tanning facilities within
the coverage area outlined in this agreement to determine compliance with 641
IAC — 46.4(7) and 46.5.
III. Pursuant to 641 I.4C — 46.6, conduct enforcement actions of violations of the
rules governing operation of tanning facilities found in 641 IAC — 46.4 and 46.5.
IV. Conduct and coordinate monitored examinations for owners and managersin
accordance to 641 IAC -46.5 (10).
V. Submit an annual report to the DEPARTMENT that contains the following
information:
1. The number of tanning facility inspections completed each month.
including routine and special inspections.
2. The violations that were noted on the inspection sheet in 50% or more of
the facilities inspected.
VII. Manner of financing
A. The DEPARTMENT shall not be financially responsible for the any of the functions to
be performed by the CONTRACTOR under the provisions of this agreement. The
CONTRACTOR shall charge, collect. and retain inspection fees for the respective
programs in accordance with the following rules:
I. For the Swinunung Pool and Spa program. pursuant to Iowa Code Chapter 135I
and 641 IAC — 15.12.
11. For the Tattoo Establislunent program, pursuant to Iowa Code section 135.37 and
641 IAC — 22.7.
III. For the Tanning Facilities program. pursuant to Iowa Code Chapter 136D and 641
IAC — 46.4(7).
VIII. It is mutually understood and agreed that:
A. This agreement can be amended by the mutual written consent of both parties only.
B. Any use of the DEPARTMENT'S name, logo. or other identifier must have prior written
approval from the DEPARTMENT.
C. The terms and provisions of this contract shall be construed in accordance with the laws
of the State of Iowa. Any and all litigation or actions commenced in connection with this
contract shall be brought in Des Moines. Iowa. in the Iowa District Court in and for Polk
County. Iowa. If, however. jurisdiction is not proper in the Polk County District Court. the
action shall only be brought in the United States District Court for the Southern District of
Iowa. Central Division, provided that jurisdiction is proper in that forum. This provision shall
not be construed as waiving any immunity to suit or liability that may be available to the
DEPARTMENT or the State of Iowa.
D. Termination
a. This contract may be terminated by the CONTRACTOR upon thirty (30) working days
advance written notice for the failure of the DEPARTMENT to comply with any term.
condition. or provision of this contract. In this event, the CONTRACTOR shall deliver to
the DEPARTMENT written notice specifying the nature of the DEPARTMENT'S
default. The DEPARTMENT shall have the thirty -day notice period to correct the
problem that resulted in the default notice.
b. The contract may be terminated by the CONTRACTOR upon thirty (30) working days
advance written notice if circumstances beyond the control of the CONTRACTOR snake
continuation of this contract impossible.
c. This contract may be terminated by the DEPARTMENT for any of the following reasons:
i. Default by the CONTRACTOR. The failure of the CONTRACTOR to comply
with any terns. condition. or provision of this contract shall constitute a default by
the CONTRACTOR. In this event. the DEPARTMENT shall deliver to the
CONTRACTOR written notice specifying the nature of the CONTRACTOR's
default. The DEPARTMENT may make termination of the contract effective
inunediately. If the notice of default does not indicate that the contract shall be
terminated inunediately. the CONTRACTOR shall have thirty -day notice period
to correct the problem that resulted in the default notice.
ii. The Convenience of the DEPARTMENT. The DEPARTMENT may terminate
this contract in whole or in part without the payment of any penalty or incurring
any further obligation to the CONTRACTOR whenever. for any reason. the
DEPARTMENT shall determine that such termination is in the best interest of the
State. In this event. the DEPARTMENT shall issue a termination notice to the
CONTRACTOR at least ten (10) days prior to the effective termination date.
iii. Chance in Law. The DEPARTMENT shall have the right to terminate this
contract without penalty by providing ten (10) days written notice to the
CONTRACTOR if any of the following conditions exist:
1. The DEPARTMENT'S authorization to operate is withdrawn or there is a
material alteration in the programs administered by the DEPARTMENT:
2. The DEPARTMENT'S duties are substantially modified.
IN WITNESS WHEREOF the parties have signed their names effective the day and year first above
written.
Dubuque County
BY
DATE
BY
DATE
Chair. Local Board of Health
Iowa Department of Public Health
Ken Sharp. Director
Division of Envirotunental Health
9
ATTACHMENT B
DUTIES OF CITY OF DUBUQUE
I. General Provisions
A. The CONTRACTOR agrees to:
I. Provide the services outlined in this agreement in the following
geographic area(s):
a. City of Dubuque, Dubuque County
II. Ensure employees providing inspection services outlined in this
agreement obtain a minimum of twelve (12) hours of continuing
education per year. The continuing education must be training that
has been approved for credit by the Iowa Environmental Health
Association's Environmental Health Registry. The CONTRACTOR
shall provide evidence of meeting this requirement upon request
from the DEPARTMENT.
III. Link with the local board of health for each jurisdiction where
services are provided to assist the local board of health in
performing its roles and responsibilities as defined in 641 IAC -77.3.
IV. Provide consultation and information to swimming pool and spa
facilities, tattoo facilities, and tanning facilities at the time of
inspection of the facility, to eliminate or minimize potential health
and safety problems.
V. Allow the DEPARTMENT to review the CONTRACTOR'S program
at the DEPARTMENT'S discretion, which may include a site visit.
The review shall include a review of the rules, policies, and
procedures of the CONTRACTOR; a review of records maintained
by the CONTRACTOR related to this agreement; and a review of
the CONTRACTOR'S compliance with this agreement. Following
each site visit, the DEPARTMENT may submit a written report to
the CONTRACTOR which identifies the findings of the site visit.
The DEPARTMENT may request that the CONTRACTOR submit a
corrective action plan with a timetable to address any deficiencies
or problems noted in the site visit. The CONTRACTOR shall submit
the corrective action plan to the DEPARTMENT for approval within
the timelines outlined in the written report. The CONTRACTOR
agrees to implement the plan after it is approved by the
DEPARTMENT. Failure to do so may result in suspension or
termination of the contract.
VI. Submit a semiannual inspection report on the approved reporting
format to the DEPARTMENT.
VII. Submit a semiannual report on the progress of the county meeting
the following Iowa Public Health Standards:
a. Standard AD -3 Comply with and enforce public health laws,
rules, and regulations.
10
b. Local Criteria EH1c -L Maintain a policy and procedure
manual for all environmental health services provided. The
manual must address minimum required components.
c. Standard EH -2 Monitor environmental health risks and
illnesses.
d. Standard EH -3 Enforce environmental health rules and
regulations.
VIII. Maintain accurate, current, and complete records of all activities
related to this agreement for a period of three years.
II. For the Swimming Pool and Spa Program
A. The CONTRACTOR agrees to:
I. Employ adequate personnel to perform swimming pool and spa
program services outlined in this agreement. Personnel conducting
inspections of swimming pools and spas shall meet the
requirements defined in 641 IAC - 15.13.
II. Conduct annual and for -cause inspections of all registered
swimming pools and spas within the coverage area outlined in this
agreement to determine compliance with 641 IAC — 15.4, 15.11,
15.12, and 15.51.
III. Pursuant to 641 IAC — 15.6, conduct enforcement actions of
violations of the rules governing operation of swimming pools and
spas found in 641 IAC — 15.4, 15.11, 15.12, and 15.51.
IV. Submit an annual report to the DEPARTMENT that contains the
following information:
a. The number of swimming pool and spa inspections
completed each month, including routine and special
inspections.
b. The percentage of facilities with violations that submitted
approved corrective action plans within the timeframe
specified by the CONTRACTOR.
c. The percentage of facilities that complied with the corrective
action plan at the next regular or special inspection.
d. The number of swimming pools and spas that were closed
by the CONTRACTOR or by the facility management for rule
violations.
III. For the Tattoo Establishment Program
A. The CONTRACTOR agrees to:
I. Employ adequate personnel to perform tattoo establishment
program services outlined in this agreement. Personnel conducting
inspections of tattoo establishments shall have successfully
completed a bloodborne pathogen certification course from the
American Red Cross or an equivalent nationally recognized
organization and meet one of the following qualifications:
11
a. Registered Environmental Health Specialist/Registered
Sanitarian (REHS /RS) in good standing with the National
Environmental Health Association.
b. Certified Environmental Health Technician (CENT) in good
standing with the National Environmental Health
Association.
c. Provide documentation to the DEPARTMENT that the
combination of education and experience are consistent with
the requirements of the REHS /RS and /or CEHT credentials.
II. Conduct annual and for -cause inspections of all permitted tattoo
establishments, temporary establishments, mobile units, and upon
receipt of complaint about an establishment or artist within the
coverage area outlined in this agreement to determine compliance
with 641 IAC — 22.3, 22.4, 22.5, 22.6, 22.7, 22.12, 22.13, 22.15,
22.16.
III. Pursuant to 641 IAC — 22.16, conduct enforcement actions of
violations of the rules governing operation of tattoo establishments
found in 641 IAC — 22.3, 22.4, 22.5, 22.6, 22.7, 22.10, 22.11, and
22.15.
IV. Submit an annual report to the DEPARTMENT that contains the
following information:
a. The number of tattoo establishment inspections completed
each month, including routine and special inspections.
b. The violations that were noted on the inspection sheet in
50% or more of the facilities inspected.
IV. For the Tanning Facilities Program
A. The CONTRACTOR agrees to:
I. Employ adequate personnel to perform tanning facilities program
services outlined in this agreement. Personnel conducting
inspections of tanning facilities shall meet one of the following
qualifications:
a. Registered Environmental Health Specialist/Registered
Sanitarian (REHS /RS) in good standing with the National
Environmental Health Association.
b. Certified Environmental Health Technician (CEHT) in good
standing with the National Environmental Health
Association.
c. Provide documentation to the DEPARTMENT that the
combination of education and experience are consistent with
the requirements of the REHS /RS and /or CEHT credentials.
II. Conduct annual and for -cause inspections of all permitted tanning
facilities within the coverage area outlined in this agreement to
determine compliance with 641 IAC — 46.4(7) and 46.5.
12
III. Pursuant to 641 IAC — 46.6, conduct enforcement actions of
violations of the rules governing operation of tanning facilities found
in 641 IAC — 46.4 and 46.5.
IV. Conduct and coordinate monitored examinations for owners and
managers in accordance to 641 IAC -46.5 (10).
V. Submit an annual report to the DEPARTMENT that contains the
following information:
a. The number of tanning facility inspections completed each
month, including routine and special inspections.
b. The violations that were noted on the inspection sheet in
50% or more of the facilities inspected.
ATTACHMENT C
DUTIES OF THE IOWA DEPARTMENT OF PUBLIC HEALTH
1. General Provisions
A. The DEPARTMENT agrees to:
I. Provide technical assistance and consultation to the
CONTRACTOR on matters related to the swimming pool and spa
program, the tattoo establishment program, and tanning facility
program.
II. Develop and provide training for local inspectors, inspection forms,
semiannual reporting format, and public information brochures that
support the services outlined in this agreement.
III. Delegate enforcement activities to the CONTRACTOR unless:
a. The CONTRACTOR specifically requests the
DEPARTMENT's involvement and the DEPARTMENT
agrees to accept responsibility.
b. The CONTRACTOR actions are determined by the
DEPARTMENT to be inappropriate or untimely.
II. For the Swimming Pool and Spa Program
A. The DEPARTMENT agrees to:
I. Register swimming pools and spas pursuant to Iowa Code Chapter
1351 and 641 IAC -15.9.
II. Conduct plan review and perform on -site inspections of new
construction or reconstruction pursuant to 641 IAC -15.5 and 641
IAC - 15.52.
III. For the Tattoo Establishment Program
A. The DEPARTMENT agrees to:
I. Permit tattoo artists, permanent color technologists, tattoo
establishments, mobile units, and temporary establishments in
accordance with Iowa Code Section 135.37 and 641 IAC - 22.7.
II. Disseminate to the CONTRACTOR information regarding
sanitation, infection control, and operating procedures related to
the tattoo establishment program.
III. Provide artist and establishment status updates.
IV. For the Tanning Facilities Program
A. The DEPARTMENT agrees to:
I. Permit tanning facilities in accordance with Iowa Code Chapter
136D and 641 IAC - 46.4.
II. Provide the CONTRACTOR training material for tanning facility
operators.
14
III. Disseminate to the CONTRACTOR information regarding health
practices, safety measures, and operating procedures related to
the tanning facility program.
IV. Provide tanning facility status updates.
INTERAGENCY AGREEMENT
BETWEEN
THE DUBUQUE COUNTY BOARD OF HEALTH
AND
THE CITY OF DUBUQUE
This Agreement, dated for reference purposes the day of , 2010, is
made and entered into between the Dubuque County Board of Health (the Board) and the
City of Dubuque, Iowa (City).
SECTION 1. AUTHORITY.
1.1. This Agreement is entered into pursuant to the provisions of Iowa Code Chapter
28E and shall constitute the entire Agreement between the Board and City with respect to
the inspection and enforcement of swimming pools and spas, tattoo establishments and
tanning facilities.
1.2. 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, tattoo establishments and tanning facilities program.
1.3. 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.
SECTION 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 Iowa Code Chapter 1351 and Chapter641 -15, IAC, and
in the Board's 28E Agreement with the Iowa Department of Public Health, attached hereto
as Attachment A, 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, tattoo establishments and tanning facilities.
SECTION 3. DUTIES. The duties of the parties shall be as set forth in Attachments B
and C, which are hereby made a part of this Agreement. The references in Attachments B
and C to "Contractor" shall be construed to mean City.
SECTION 4. PERIOD OF AGREEMENT. The term of this Agreement shall be from July
1, 2010 through June 30, 2013.
SECTION 5. LEGAL OR ADMINISTRATIVE ENTITY CREATED. No new legal or
administrative entity is created by this Agreement.
SECTION 6. MANNER OF FINANCING. The functions to be performed by City under
the provisions of this Agreement shall be financed by City. City shall collect and retain
060910baI
registration fees pursuant to the Iowa Code Chapter 1351 and Chapter 641- 15, Iowa
Administrative Code.
SECTION 7. REPORTING. City shall provide the Board and the Iowa Department of
Public Health with a report of its inspections and enforcement activities on a semi - annual
basis utilizing an approved reporting format
SECTION 8. TERMINATION.
8.1. The Board or City may terminate this Agreement by providing to the other party with
written notice of intent to terminate this Agreement not less than 30 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.
8.2. Upon termination, City shall transfer to the Board 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 termination date.
IN WITNESS WHEREOF, the Board and City have executed two copies of this
Agreement, each of which shall be considered an original.
CITY OF DUBUQUE, IOWA DUBUQUE COUNTY BOARD OF
HEALTH
By:
Michael C. Van Milligen By:
City Manager Paul Scherrman, Chair
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