28E Agreement_Dubuque County Pools & Spas inspections
DUB~E
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MEMORANDUM
July 6, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: 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 recommends City Council approval of an
Interagency Agreement with the Dubuque County Board of Health for the inspection and
enforcement of public swimming pools and spas in Dubuque County and the City of
Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Mary Rose Corrigan, RN, Public Health Specialist
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DUB~E
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MEMORANDUM
July 5, 2005
FROM:
Michael C. Van Millige~anager
Mary Rose Corriganm, Public Health Specialist
TO:
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 inspects public pools and spas within the city
limits, and also in the 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. Swimming pool/spa 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
..,.i
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.
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
and the City of Dubuque.
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. Authoritv. 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 1351 and Chapters 641-15, lAC,
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 Aoreement. This Agreement is valid from July 1, 2005 and shall
continue through June 30,2006.
5. Leoal or Administrative Entitv Created: No new legal or administrative entity is
created by this Agreement.
6. Manner of Financino: 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 and
retain registration fees pursuant to the Iowa Code 1351 and 641-Chapter 15, Iowa
Administrative Code.
. .
7. Reportino. The City shall provide the Board and the Iowa Department of Public
Health with a report of its inspection and enforcement activity on an annual basis.
These reports are due at the Iowa Department of Public Health as follows:
(I) Annual Report (July 1 - June 30) submitted not later than August 1 and shall
include the following:
1. Monthly breakdown of the number of inspections, for each type of
inspection.
2. Number of enforcement actions required to eliminate deficiencies, for
each type of inspection.
3. Number of facilities closed, for each type of facility.
(II) January 10 for the 4th calendar quarter, for the period 1 July thru December
31.
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 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.
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
Agreement 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 of which shall be considered an original.
CITY OF DUBUQUE
TY BOARD OF HEALTH
Michael C. Van Milligen
City Manager
Nick Go man, Chair
Dubuque County Board of Health
t->>I ~ar
Date
Date
ATTACHMENT A
DUTIES OF CITY OF DUBUQUE
1. Personnel. The City 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 Agreement as defined in 641-15.13 lAC.
2. Compliance. Inspections and Monitorina: The City has the primary responsibility
for enforcing the rules relating to the inspection and enforcement of the swimming pool
and spa programs (Chapters 641-15.4 and 15.51, lAC). 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. Interaovernmental 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.
ATTACHMENT 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 1351,
the Iowa Code.
2. Trainina of local inspectors: The Iowa Department of Public Health shall provide
training for local inspectors and public information brochures to facilitate compliance
with 1351, the Iowa Code.
3. Review of the City of Dubuque Proaram: 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)
(II)
(III)
The City specifically requests the Iowa Department of Public Health's
involvement and the Iowa Department of Public Health agrees to accept
responsibi I ity;
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 30 days to act prior to initiating any Iowa Department of
Public Health enforcement actions;
The Iowa Department of Public Health is enforcing the provisions of Rules
641-15.5 or 641-15.53(1351), lAC.
6. Interaovernmental 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.
Iowa Department of Public Health
Tom Newton
Lucas State Office Building
321 E It" S1.
Des Moines, IA 50319
Interagency Agreement
28E-2006-PTT -DB
between the
Iowa Department of Public Health
and
Dubuque County Board of Health
This Agreement is made and entered into by and between Dubuque County Board of Health, hereinafter called
the CONTRACTOR and the Iowa Department of Public Health, hereinafter called DEPARTMENT.
PURPOSE: It is the mutual desire of the CONTRACTOR and the DEPARTMENT to assure the health and
safety of the public by providing effective environmental health services. This agreement delegates the
DEPARTMENT's inspection and enforcement authority with respect to tattoo establishments (Iowa Code
135.37; 641-22 lAC), tanning facilities (Iowa Code 136D; 641-46 lAC), and swimming pools and spas (Iowa
Code 1351,641-15 lAC) to the CONTRACTOR.
I. The term of this Agreement shall be in effect from July 1,2005 until June 30, 2006. To terminate this
agreement within the effective dates, written notice to the other party shall be provided at least thirty
(30) days prior to the intended date of termination.
II. Contract Administrators
Tom Newton, Director, Division of Health Protection and 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. Negotiations concerning this contract should be
referred to Ken Sharp at telephone (515) 281-7462 or ksharp@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. Negotiations
concerning this contract should be referred to:
Name Mary Rose Corrigan
Business Name Dubuque County Board of Health
Street Address City of DubuQue Health Services, 1300 Main St.
City, State, Zip Dubuque, IA 52001
Telephone Number 563-589-4181
E-mail address
I. The DEPARTMENT agrees to:
A Register all swimming pools and spas and provide for plan review and on site inspections
of new construction or reconstruction.
B. Permit all tanning facilities, provide operator training material to the CONTRACTOR or
their designee, and disseminate information regarding health practices, safety measures,
and operating procedures in accordance with Iowa Code 136D.
C. Permit all tattoo establishments and disseminate information regarding sanitation,
infection control, and operating procedures in accordance with 641-22 lAC.
D. Provide training for local inspectors, inspection form templates, and public information
brochures to facilitate compliance with Iowa Code 135.37, 1351, and 136D.
E. Provide technical assistance and consultation to the Dubuque County County program.
F. Review the CONTRACTOR's program at the DEPARTMENT's discretion. The review
shall include a review of the rules, policies, and procedures of the CONTRACTOR's
program; a review of inspection records; and may include a review of the Dubuque
County inspector(s) performance. The DEPARTMENT shall advise the CONTRACTOR
of its findings in writing, along with any corrective measures. Follow-up by the
DEPARTMENT shall be done to verify correction of any identified deficiencies.
G. Limit its involvement in compliance activities unless:
I. The CONTRACTOR specifically requests the DEPARTMENT's involvement
and the DEPARTMENT agrees to accept responsibility.
II. The CONTRACTOR actions are determined by the DEPARTMENT to be
inappropriate or untimely. However, the DEPARTMENT will state its position
in writing and allow the CONTRACTOR thirty (30) days to act prior to the
DEPARTMENT taking any further action.
III. The DEPARTMENT is enforcing swimming pool and spa provisions defined in
641-15.5 or 641-15.52 lAC.
H. Keep the CONTRACTOR informed of developments that may affect any of the programs
covered under this agreement.
II. The CONTRACTOR agrees to:
A Ensure that employees providing field services under this agreement maintain a minimum
of 12 hours of continuing education per year as approved by the Iowa Environmental
Health Association Environmental Health Registry or equivalent. Evidence of meeting
this requirement must be provided upon request by the Department.
B. Provide the services outlined in this agreement in the following county(ies)/city:
I. City of Dubuque(p), Dubuque County(P)
NOTE: Counties/Cities listed above followed by parenthesis are counties were
only certain inspection services are provided within that county. (P) indicates
only pool/spa inspections are provided, (tt) indicates only tattoo and tanning
inspections are provided. Otherwise, all services outlined in this agreement are
expected to be provided in the counties listed
C. Employ adequate personnel to perform the services outlined in this agreement. Personnel
employed for pool inspections shall meet the requirements defined in 641-15.13 lAC.
Personnel employed for tattoo and tanning inspections shall have qualifications similar to
an environmental specialist as defined by the Iowa Dept of Administrative Services.
D. Link with the local board of health in each county where services are provided to assist
the local board of health in performing its roles and responsibilities as defined in 641-
77.3 lAC.
E. Have the primary responsibility for the following activities:
1 Operator testing, facility inspection, and enforcement of the tanning facility
program as defined in 641-46 lAC.
11 Inspection and enforcement of tattoo establishments as defined in 641-22 lAC.
III Annual and for-cause inspection of registered swimming pools and spas, and
enforcement of the rules governing operation of swimming pools and spas (641-
15.4 and 15.51 lAC).
IV. Provide consultation and information to any of the facilities outlined in this
agreement to eliminate or minimize potential health and safety problems.
F. Submit the following reports to the department:
1 Annual Report (July 1 - June 30) submitted not later than August 1 that shall
include the following:
1. Monthly breakdown of the number of inspections, for each type of
inspection.
2. Number of enforcement actions required to eliminate deficiencies, for
each type of inspection.
3. Number of facilities closed, for each type of facility.
II. Other reports as requested by the DEP ARTMENf
III. Manner of Financing
A. The functions to be performed by the CONTRACTOR, under the provisions of this
agreement, are to be financed by the CONTRACTOR at no obligation to the state. The
CONTRACTOR shall collect and retain inspection fees pursuant to Iowa Code Chapters
135.37, 1351, and 136D and Iowa Administrative Code Chapters 641-15, 641-22, and
641-46.
IV. It is mutually understood and agreed that:
A. This agreement can be amended only by the mutual written consent of both parties.
B. Any use of the DEPARTMENT'S name, logo, or other identifier must have prior written
approval from the DEPARTMENT.
C. The parties to this agreement shall attempt to mediate disputes which arise under this
agreement by engaging in mediation with a mutually-agreed upon mediator. Each party
shall bear 50% of the costs of such mediation. In the event the parties are unable to reach
agreement, the parties shall submit their dispute to binding arbitration by a board of
arbitration as provided for in Iowa Code section 679A.19
=~TNESS (jREOF ~ ~~ have signed ilieir nmnes e~~;~: ili:;::;:!: above
Chair, Dubuqu I
IOWA DEPARTMENT OF PUBLIC HEALTH
BY
DATE:
Tom Newton, Director
Division of Health Protection & Environmental Health