Dubuque County Board of Health 28E Interagency AgreementMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
band
AI- America City
11111r
2007 • 2012 • 2013
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: August 13, 2013
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.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Mary Rose Corrigan, RN, Public Health Specialist
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Mary Rose Corrigan, RN, Public Health Specialist
Dubuque
kiteril
All-America City
11111 F
2007 • 2012 • 2013
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: August 12, 2013
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 in the Iowa
Administrative Code. 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, both are also tanning inspectors.
One of these inspectors conducts the tattoo parlor inspections.
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.
Currently, the following number of facilities are inspected:
City County
Pools /spa 22 9
Tanning facilities 7 9
Tattoo parlors 5 0
Attached is the Interagency Agreement between the Iowa Department of Public Health
and the Dubuque County Board of Health (Attachment A of Dubuque County
Interagency Agreement). 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.
BUDGET IMPACT
This contract generates approximately $13,200.00 per year in revenue for inspections
conducted.
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 /Ih
cc: Patrice Lambert, Director, Dubuque County Health Department
INTERAGENCY AGREEMENT
BETWEEN
THE DUBUQUE COUNTY BOARD OF HEALTH
AND
THE CITY OF DUBUQUE
This Agreement, dated for reference purposes, the,,] ay of fz'V ,
2013, made and entered into between the Dubuque County Board of ealfe-'/'/h (hereinafter
referred to as "Board ") and the City of Dubuque (hereinafter referred to as "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 the 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 pools
and spas, tattoo establishments and tanning facilities program.
1.3. 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 the State of Iowa, 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 operations, as specified in Iowa Code Chapter 1351 and
Chapter 641 -15 of the Iowa Administrative Code;
® Tattoo establishment regulations, as specified in Iowa Code Chapter 135 and
Chapter 641 -22 of the Iowa Administrative Code;
® Tanning facility operations, as specified in Iowa Code Chapter 136D and Chapter
641 -46 of the Iowa Administrative Code; -.
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 the rules relating to swimming pools and spas, tattoo
establishments and tanning facilities.
SECTION 3. DUTIES. The duties of the parties are outlined in Attachments B and C,
which are hereby made a part of this Agreement. The references in Attachments B and
C to "Contractor" will be construed to mean City.
SECTION 4. PERIOD OF AGREEMENT. This Agreement is valid from July 1, 2013
and through June 30, 2016.
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 the City
under the provisions of this Agreement are to be financed by the City. City shall collect
and retain registration fees pursuant to the Iowa Code, Chapters 135, 1351 and 136D
and Iowa Administrative Code 641 -15, 641 -22 and 641 -46.
SECTION 7. REPORTING. City will provide the Board and the Iowa Department of
Public Health with a report of its inspection and enforcement activity on a semi - annual
basis utilizing an approved reporting form.
SECTION 8. TERMINATION.
8.1. Either party may terminate this Agreement by providing no less than thirty (30)
days written notice of intent to terminate this Agreement to the other party. The notice
will specify the reasons for termination and will be delivered via U.S. certified mail.
8.2. Upon termination, the City will transfer to the Board all inspection and
enforcement records in City's possession and all other documents generated as a result
of this Agreement not later than thirty (30) days following the termination date.
IN WITNESS WHEREOF, the Board and the City have executed two (2) copies of this
Agreement, each of which will be considered an original.
CITY OF DUBUQUE DUBUQUE COUNTY BOARD OF HEALTH
4WtL ✓ Ja,
Michael C. Van Milligen Dr' Richard Fairley, MD
City Manager Dubuque County Board of Health
Date
I)3
Date
Attachments:
A: Agreement between the State of Iowa and the Dubuque County Board of Health
B: Duties of the City of Dubuque
C: Duties of the Iowa Department of Public Health
Iowa Department of Public Health
Promoting and Protecting the Health of Iowans
Mariannette Miller- Meeks, B.S.N., M.Ed., M.D. Terry E. Branstad
Director Governor
ATTACHMENT A
28E- 2014 - PTT -31
BETWEEN THE
IOWA DEPARTMENT OF PUBLIC HEALTH
AND
Kim Reynolds
Lt. Governor
Dubuque County Board of Health
This Agreement is made and entered into by and between the Dubuque County Board of Health, herein after
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 environmental 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, 2013 to June 30, 2016.
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 Carmily
Stone at telephone (515)281 -0921 or Carmily.Stone @idph.lowa.gov
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.
Name
Mary Rose Corrigan
Business Name
City of Dubuque- Health Services Department
Street Address
1300 Main St
City, State, Zip
Dubuque, IA 52001
Telephone Number
563 -589 -4181
Email
mcorriga @cityofdubuque.org
III. General Provisions
A. The DEPARTMENT agrees to:
Lucas State Office Building, 321 E. 12th Street, Des Moines, IA 50319 -0075 • 515- 281 -7689 • www.idph.state.ia.us
DEAF RELAY (Hearing or Speech Impaired) 711 or 1- 800 - 735 -2942
I. Provide technical assistance, rule interpretation and clarifications, engineering support,
and registration, permitting, and licensing information to the CONTRACTOR on matters
related to the swimming pool and spa program, the tattoo establishment program, and
tanning facility program.
II. Provide and maintain a standard inspection form for inspection programs to be used by
CONTRACTOR. Review and approve local inspection forms when requested by
CONTRACTOR.
III. Provide and maintain open book self study for new inspectors. Provide feedback to new
inspectors regarding study responses.
IV. Provide and maintain an annual report form to be completed by CONTRACTOR.
V. Develop and provide at a minimum one annual training for swimming pool, spa, tattoo,
tanning program.
VI. Coordinate training for new inspectors.
VII. Delegate enforcement activities to the CONTRACTOR unless:
1. The CONTRACTOR specifically requests the DEPARTMENT'S involvement and the
DEPARTMENT agrees to assist.
2. The CONTRACTOR actions are determined by the DEPARTMENT to be
inappropriate ,untimely, or inadequate.
3. The statute or rules require enforcement action to be taken by the
DEPARTMENT,
B. The CONTRACTOR agrees to:
I. Provide the services outlined in this agreement in the following geographic area(s):
1. Dubuque County
II. Provide consultation and information to swimming pool and spa facilities, tattoo
facilities, and tanning facilities to eliminate or minimize potential health and safety
problems.
III. Employ adequate personnel to perform inspection services outlined in this agreement.
Adequate personnel is defined by:
1. Registered Environmental Health Specialist /Registered Sanitarian (REHS /RS) in
good standing with the National Environmental Health Association, or
2. Certified Environmental Health Technician (CENT) in good standing with the
National Environmental Health Association, or
3. Provide documentation to the DEPARTMENT that the combination of education
and experience are consistent with the requirements of the REHS /RS and /or
CENT credentials, or
4. Ensure that a new hire will meet one of the above within 2 years of hire.
Provide documentation of meeting this requirement upon request from the
DEPARTMENT.
IV. Provide a list of employees providing inspection services under this contract upon
request from the DEPARTMENT.
V. 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.
VI. Verify that all inspectors review the applicable Iowa Administrative Codes and this 28E
Agreement on an annual basis.
VII. Use an inspection form provided or approved by the DEPARTMENT in conducting all
inspections pursuant to this agreement.
VIII. Conduct all enforcement actions prior to requesting the DEPARTMENT to carry out final
action.
IX. Submit an annual report on the form provided by the DEPARTMENT. Submit an annual
report on the progress of the county in meeting the following Iowa Public Health
Standards:
1. Standard AD -3 Comply with and enforce public health laws, rules, and
regulations.
2. Local Criteria EH lc-L Annually report environmental health activities to the
local board of health and the public.
3, Local Criteria EH 1d -L Maintain a policy and procedure manual for all
environmental health services provided. The manual must address the
minimum required components and be reviewed at least every three years.
X. 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. The CONTRACTOR shall provide a report to each local board of health in
each county outlined in III. B. I at least annually.
XI. Maintain accurate, current, and complete records of all activities related to this
agreement for a period of three years.
XII. Allow the DEPARTMENT to review the CONTRACTOR'S program at the DEPARTMENT'S
discretion, which may include a site visit. The review may 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 shall
submit a written report to the CONTRACTOR which identifies the findings of the site
visit. The DEPARTMENT shall 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 DEPARTMENT shall review the
corrective action plan and accept it or require that it be modified. Failure to provide the
required corrective action may result in suspension or termination of the contract.
XIII. Comply with the confidentiality requirements contained with Iowa Code Chapter 22,
139 A, 141 A, and other relevant provisions of state law.
IV. For the Swimming Pool and Spa Program
A. The DEPARTMENT agrees to:
1. Register swimming pools and spas pursuant to Iowa Code Chapter 1351 and 641 IAC
Chapter 15, maintain a registration database, and distribute to the CONTRACTOR
information on currently registered swimming pools, water slides, and spas.
II. Conduct plan review and perform on -site inspections of new construction or substantial
reconstruction. The DEPARTMENT will notify the CONTRACTOR when on -site
inspections are conducted in an attempt to include the local agency on the inspection.
III. Provide facility status updates.
B. The CONTRACTOR agrees to:
I. Employ adequate personnel to perform swimming pool and spa program services
outlined in III. B. III. in this agreement. In addition, the personnel performing swimming
pool and spa program services must have a current Certified Pool Operator (CPO)
certificate and meet the education requirements of 641 IAC 15.11 (2).
11. Ensure that a new inspector has completed the following prior to performing
inspections:
1. Obtained a CPO certificate,
2. Verified that they have read 641 IAC Chapter 15, and
3. Submitted the completed open book self study developed by the DEPARTMENT.
III. Provide personnel with the following minimum equipment necessary to perform
inspections:
1. Test kit meeting the requirements of 641 IAC 15.4(2) "f' (1) -(3)
2. Measuring Tape
3. GFCI Receptacle Tester
4. Digital Camera
5. Digital Thermometer
6. Screwdrivers- Phillips and Flat Head
IV. Conduct annual and for -cause special inspections of all registered swimming pools and
spas within the coverage area outlined in this agreement to determine compliance with
641 IAC Chapter 15.
V. Conduct enforcement actions of violations of the rules governing operation of
swimming pools and spas found in 641 IAC— Chapter 15.
VI. Submit an annual report to the DEPARTMENT that contains the following information:
1. The number of swimming pool and spa inspections completed each month,
including routine and special inspections.
2. The number of swimming pools and spas that were closed at the time of
inspection by the CONTRACTOR or by the facility management specifically for
rule violations regarding:
a. Clarity.
b. Disinfection residual.
c. ORP.
The number of enforcement actions taken.
3. The violations that were noted on the inspection sheet in 50% or more of the
facilities inspected. If no violations fit the previous criteria, note the top 3
violations cited.
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 Chapter22.
11. Provide artist and establishment status updates.
B. The CONTRACTOR agrees to:
I. Employ adequate personnel to perform tattoo program services outlined in 111. B. 111. in
this agreement. In addition, the personnel performing tattoo program services shall
have successfully completed a bloodborne pathogen certification from the American
Red Cross or an equivalent nationally recognized organization. A new inspector must
verify that they have read 641 IAC Chapter 22 and must submit the completed open
book self study developed by the DEPARTMENT with their certification prior to
performing inspections.
II. Ensure that a new inspector has completed the following prior to performing
inspections:
1. Obtained a Bloodborne Pathogen Certification,
2. Verified that they have read 641 IAC Chapter 22, and
3. Submitted the completed open book self study developed by the
DEPARTMENT.
III. Conduct annual and for -cause inspections of all permitted tattoo establishments,
temporary establishments, and mobile units, within the coverage area outlined in this
agreement to determine compliance with 641 IAC — Chapter 22
IV. Conduct enforcement actions of violations of the rules governing operation of tattoo
establishments found in 641 IAC Chapter 22
V. Submit 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. If no violations fit the previous criteria, note the top 3
violations cited.
3. The number of enforcement actions taken.
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
Chapter 46.
II. Provide the CONTRACTOR training material for tanning facility operators.
III. Provide tanning facility status updates.
B. The CONTRACTOR agrees to:
I. Employ adequate personnel to perform tanning program services outlined in III. B. III. in
this agreement. A new inspector must verify that they have read 641 IAC Chapter 46
and must submit the completed open book self study developed by the DEPARTMENT
with their certification prior to performing inspections.
II. Ensure that a new inspector has completed the following prior to performing
inspections:
1. Verified that they have read 641 IAC Chapter 46, and
2. Submitted the completed open book self study test developed by the
DEPARTMENT.
III. 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
Chapter 46.
IV. Conduct enforcement actions of violations of the rules governing operation of tanning
facilities found in 641 IAC Chapter 46.
V. Conduct and coordinate monitored examinations for owners and managers in
accordance to 641 IAC Chapter 46.
VI. 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. If no violations fit the previous criteria, note the top 3
violations cited.
3. Number of enforcement actions.
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 Swimming Pool and Spa program, pursuant to Iowa Code Chapter 1351 and 641
IAC — 15.13.
II. For the Tattoo Establishment program, pursuant to Iowa Code section 135.37 and 641
IAC — 22.12.
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 DEPARTMENTto 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 make continuation of
this contract impossible.
c. This contract may be terminated by the DEPARTMENTfor any of the following reasons:
i. Default by the CONTRACTOR. The failure of the CONTRACTOR to comply with any term,
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 immediately. If the notice of default does not indicate that the
contract shall be terminated immediately, the CONTRACTOR shall have thirty -day notice
period to correct the problem that resulted in the default notice.
H. 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. Change 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 C u,{n y Boa1rd,Off Health
Chair, Dubuque County Boardl Health Chair
Iowa Department of Public Health
BY
Ken Sharp, Director
Division of Environmental Health
ATTACHMENT B
DUTIES OF THE CITY OF DUBUQUE
A. 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. Provide consultation and information to swimming pool and spa facilities,
tattoo facilities, and tanning facilities to eliminate or minimize potential
health and safety problems.
III. Employ adequate personnel to perform inspection services outlined in this
agreement. Adequate personnel is defined by:
1. Registered Environmental Health Specialist/Registered
Sanitarian (REHS /RS) in good standing with the National
Environmental Health Association, or
2. Certified Environmental Health Technician (CEHT) in good
standing with the National Environmental Health Association, or
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, or
4. Ensure that a new hire will meet one of the above within 2
years of hire. Provide documentation of meeting this requirement
upon request from the DEPARTMENT.
IV. Provide a list of employees providing inspection services under this
contract upon request from the DEPARTMENT.
V. 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.
VI. Verify that all inspectors review the applicable Iowa Administrative Codes
and this 28E Agreement on an annual basis.
VII. Use an inspection form provided or approved by the DEPARTMENT in
conducting all inspections pursuant to this agreement.
VIII. Conduct all enforcement actions prior to requesting the DEPARTMENT to
carry out final action.
IX. Submit an annual report on the form provided by the DEPARTMENT.
Submit an annual report on the progress of the county in meeting the
following Iowa Public Health Standards:
1. Standard AD -3 Comply with and enforce public health laws,
rules, and regulations.
2. Local Criteria EH 1 c -L Annually report environmental health
activities to the local board of health and the public.
3. Local Criteria EH 1d -L Maintain a policy and procedure
manual for all environmental health services provided. The manual
must address the minimum required components and be reviewed
at least every three years.
X. 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. The CONTRACTOR shall
provide a report to each local board of health in each county outlined in 111.
B. 1 at least annually.
XI. Maintain accurate, current, and complete records of all activities related to
this agreement for a period of three years.
XII. Allow the DEPARTMENT to review the CONTRACTOR'S program at the
DEPARTMENT'S discretion, which may include a site visit. The review
may 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 shall submit a written report to the CONTRACTOR which
identifies the findings of the site visit. The DEPARTMENT shall 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 DEPARTMENT shall review the corrective action plan and
accept it or require that it be modified. Failure to provide the required
corrective action may result in suspension or termination of the contract.
XIII. Comply with the confidentiality requirements contained with Iowa Code
Chapter 22, 139 A, 141 A, and other relevant provisions of state law.
B. For the Swimming Pool & Spa Program, The CONTRACTOR agrees to:
I. Employ adequate personnel to perform swimming pool and spa program
services outlined in this agreement. In addition, the personnel performing
swimming pool and spa program services must have a current Certified
Pool Operator (CPO) certificate and meet the education requirements of
641 IAC 15.11 (2).
II. Ensure that a new inspector has completed the following prior to
performing inspections:
1. Obtained a CPO certificate,
2. Verified that they have read 641 IAC Chapter 15, and
3. Submitted the completed open book self -study developed by
the DEPARTMENT.
III. Provide personnel with the following minimum equipment necessary to
perform inspections:
1. Test kit meeting the requirements of 641 IAC 15.4(2) "f' (1)-
(3)
2. Measuring Tape
3. GFCI Receptacle Tester
4. Digital Camera
5. Digital Thermometer
6. Screwdrivers- Phillips and Flat Head
IV. Conduct annual and for -cause special inspections of all registered
swimming pools and spas within the coverage area outlined in this
agreement to determine compliance with 641 IAC Chapter 15.
V. Conduct enforcement actions of violations of the rules governing operation
of swimming pools and spas found in 641 IAC — Chapter 15.
VI. Submit an annual report to the DEPARTMENT that contains the following
information:
1. The number of swimming pool and spa inspections
completed each month, including routine and special inspections.
2. The number of swimming pools and spas that were closed at
the time of inspection by the CONTRACTOR or by the facility
management specifically for rule violations regarding:
a) Clarity
b) Disinfection Residual
c) ORP
The number of enforcement actions taken
3. The violations that were noted on the inspection sheet in
50% or more of the facilities inspected. If no violations fit the
previous criteria, note the top 3 violations cited.
C. For the Tattoo Establishment Program, The CONTRACTOR agrees to:
I. Employ adequate personnel to perform tattoo program services outlined in
III. B. III. in this agreement. In addition, the personnel performing tattoo
program services shall have successfully completed a blood borne
pathogen certification from the American Red Cross or an equivalent
nationally recognized organization. A new inspector must verify that they
have read 641 IAC Chapter 22 and must submit the completed open book
self -study developed by the DEPARTMENT with their certification prior to
performing inspections.
II. Ensure that a new inspector has completed the following prior to
performing inspections:
1. Obtained a Blood borne Pathogen Certification,
2. Verified that they have read 641 IAC Chapter 22, and
3. Submitted the completed open book self -study developed by
the DEPARTMENT.
III. Conduct annual and for -cause inspections of all permitted tattoo
establishments, temporary establishments, and mobile units, within the
coverage area outlined in this agreement to determine compliance with
641 IAC — Chapter 22
IV. Conduct enforcement actions of violations of the rules governing operation
of tattoo establishments found in 641 IAC Chapter 22
V. Submit 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. If no violations fit the
previous criteria, note the top 3 violations cited.
3. The number of enforcement actions taken.
D. For the Tanning Facilities Program, 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 Environmental Health Technician (CENT) 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 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 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:
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.
ATTACHMENT C
DUTIES OF THE IOWA DEPARTMENT OF PUBLIC HEALTH
A. The DEPARTMENT agrees to:
1. Provide technical assistance, rule interpretation and clarifications,
engineering support, and registration, permitting, and licensing information
to the CONTRACTOR on matters related to the swimming pool and spa
program, the tattoo establishment program, and tanning facility program.
II. Provide and maintain a standard inspection form for inspection programs
to be used by CONTRACTOR. Review and approve local inspection forms
when requested by CONTRACTOR.
III. Provide and maintain open book self -study for new inspectors. Provide
feedback to new inspectors regarding study responses.
IV. Provide and maintain an annual report form to be completed by
CONTRACTOR.
V. Develop and provide at a minimum one annual training for swimming pool,
spa, tattoo, tanning program.
VI. Coordinate training for new inspectors.
VII. Delegate enforcement activities to the CONTRACTOR unless:
1. The CONTRACTOR specifically requests the
DEPARTMENT's involvement and the DEPARTMENT agrees to
assist,
2. The CONTRACTOR actions are determined by the
DEPARTMENT to be inappropriate, untimely, or inadequate.
3. The statute or rules require enforcement action to be taken
by the DEPARTMENT.
B. For the Swimming Pool & Spa Program, The DEPARTMENT agrees to:
1. Register swimming pools and spas pursuant to Iowa Code Chapter 1351
and 641 IAC Chapter 15, maintain a registration database, and distribute
to the CONTRACTOR information on currently registered swimming pools,
water slides, and spas.
II. Conduct plan review and perform on -site inspections of new construction
or substantial reconstruction. The DEPARTMENT will notify the
CONTRACTOR when on -site inspections are conducted in an attempt to
include the local agency on the inspection.
III. Provide facility status updates.
C. For the Tattoo Establishment Program, 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 Chapter 22.
II. Provide artist and establishment status updates.
D. For the Tanning Facilities Program, The DEPARTMENT agrees to:
1. 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. Provide tanning facility updates.