The following words and phrases, whenever used in this Article, shall be construed as defined in this section:

Transcription

1 Chapter 8 PUBLIC HEALTH Article 1 SMOKING IN PUBLIC PLACES Article 2 SWIMMING POOLS Article 3 HEALTH AND ANIMAL CARE OFFICER Article 1 SMOKING IN PUBLIC PLACES Section Definitions Section Prohibition of Smoking in Public Places Section Places of Employment Section Additional Declaration Section City-Owned Facilities Section Not Regulated Private and Public Places Section Posting of Signs Section Public Health Education Section Enforcement Section Non-retaliation Section Violations and Penalties Section Other Applicable Laws Section Definitions The following words and phrases, whenever used in this Article, shall be construed as defined in this section: (A) Business means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. (B) Employee means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity. (C) Employer means any person, partnership, corporation, including a municipal corporation, or non-profit entity, which employs the services of one or more individual persons. (D) Enclosed Area means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, office landscaping or similar structures. For the purposes of this Article, the following shall not be considered an Enclosed Area:

2 (1) Rooms or areas enclosed by walls or windows having neither a ceiling nor a roof and which are completely open to the elements and weather at all times. (2) Rooms or areas, enclosed by walls or windows and a roof or ceiling, having an opening at least twenty percent (20%) of the total perimeter wall area completely and permanently open to the elements and weather. (E) Food Service Establishment shall mean any place in which food is served or is prepared for sale or service on the premises or elsewhere. Such term shall include, but not be limited to, fixed or mobile restaurant, coffee shop, cafeteria, short-order café, luncheonette, grill, tea room, sandwich shop, soda fountain, tavern, private club, roadside kitchen, commissary and any other private, public or nonprofit organization or institution routinely serving food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge. (F) Licensed Premises shall mean any premises where alcoholic liquor or cereal malt beverages, or both, by the individual drink as defined by K.S.A. Chapter 41, and amendments thereto, is served or provided for consumption or use on the premises with or without charge. Such term shall include drinking establishments, Class A Private Clubs, Class B Private Clubs, and cereal malt beverage retailers, all as defined by K.S.A. Chapter 41, and amendments thereto, and this Code. (G) Place of Employment means any enclosed area under the control of public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a place of employment unless it is used as a childcare, adult day care or health care facility. (H) Private Place means any enclosed area to which the public is not invited or in which the public is not permitted, including but not limited to, personal residences or personal motor vehicles. A privately owned business, open to the public, is not a private place. (I) Public Place means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private residence is not a public place.

3 (J) Retail Tobacco Store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. (K) Service Line means any indoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. (L) Smoking means possession of a cigarette, cigar, or pipe partially or wholly consisting of or containing burning vegetation, or possession of any other device containing burning vegetation that is used for the introduction of smoke from the burning vegetation into the human body. For the purposes of this definition, the term vegetation includes, but is not limited to, tobacco, but does not include any controlled substance listed in K.S.A through K.S.A inclusive, and amendments thereto. (M) Sports Arena means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. (N) Wall means a side of a room, building or structure connecting the floor and ceiling or foundation and roof, including temporary, moveable, and retractable sides. (Ord. 431) Section Prohibition of Smoking in Public Places Smoking shall be prohibited in all enclosed public places within the City of Bel Aire, including, but not limited to, the following places: (A) Elevators. (B) Restrooms, lobbies, reception areas, hallways, and any other common-use areas. (C) Buses, bus terminals, taxicabs, train stations, airports, and other facilities and means of public transit under the authority of the City of Bel Aire, as well as ticket, boarding, and waiting areas of public transit depots. (D) (E) Service lines. Retail stores. (F) All areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public, including, but not

4 limited to, attorneys offices, and other offices, banks, laundromats, hotels, and motels. (G) Food service establishments and licensed premises, excluding areas of a food service establishment or licensed premises that are not enclosed such as patios, outdoor dining areas, and courtyards. (H) Galleries, libraries, museums, and grounds. (I) Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except that performers may smoke when the smoking is a part of a stage production. (J) Sports arenas and convention halls, including bowling facilities. (K) Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the City of Bel Aire or any political subdivision of the State during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City of Bel Aire. (L) Waiting rooms, hallways, wards and semi-private rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors offices, and dentists offices. (M) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities. (N) Polling places. (O) Private clubs and fraternal organization facilities. (Ord. 431) Section Places of Employment (A) Smoking shall be prohibited in all enclosed places of employment within the City Bel Aire. (B) It shall be the responsibility of employers to provide a smoke-free workplace for all employees. (C) Each employer having any enclosed place of employment located within the City of Bel Aire shall adopt, implement, make known and maintain, a written smoking policy which shall contain the following requirements:

5 Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed areas. (D) The smoking policy shall be communicated to all employees within four (4) weeks of the adoption of this Article. (E) All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee. (Ord. 431) Section Additional Declaration Notwithstanding any other provision of this Article, any owner, operator, manager or other person who controls any establishment described in this Article may declare that entire establishment as a non-smoking establishment. (Ord. 431) Section City-Owned Facilities All enclosed facilities owned by the City of Bel Aire shall be non-smoking at all times notwithstanding other provisions of this Article. (Ord. 431) Section Not Regulated Private and Public Places Notwithstanding any other provision of this Article to the contrary, the following areas shall not be subject to the smoking restrictions of this Article: (A) Private residences, except when used as a childcare, adult day care or health care facility; (B) No more than twenty-five percent (25%) of hotel and motel rooms rented to guests. (C) Retail tobacco stores. (D) Restaurants, hotel and motel conference or meeting rooms and public and private assembly rooms while such places are being used for private functions except while contracted food or beverage service functions are taking place (including set-up, service and clean-up activities or when the room is used for exhibit activities). (E) Outdoor places of employment except those covered in Section of this Article.

6 (F) Private places. (G) Smoking break rooms in businesses that do not sell goods or services directly to the general public at the business site and which meet all of the following requirements: (1) The smoking break room is enclosed on all sides by solid, impermeable walls or windows extending from the floor to ceiling with self-closing doors; and (2) Access to the smoking break room is restricted to the employees and vendors of the facility; and (3) The smoking break room maintains a negative air pressure (meaning more air is exhausted from the room than is directly supplied by the heating, ventilation, and air conditioning (HVAC) system); and (4) The smoking break room s smoke-contaminated air is exhausted directly to the outdoors and is not returned to the HVAC system; and (5) The smoking break room and any equipment contained therein are maintained and serviced when the room is not occupied by smokers; and (6) The employer does not require employees or vendors to enter the smoking break room when it is occupied by smokers; and (7) The owner, manager or other person having control of such building or areas shall have a conspicuously posted sign clearly stating that the room is a smoking break room; and (8) A single smoking break room shall not be larger than 1500 square feet; and (9) Non-smoking employees and vendors of the business have access to a separate, enclosed, non-smoking break room accessible only to the employees and vendors of the business which is of equal or larger size and has amenities comparable to the smoking break room; and (10) The indoor smoking area was in existence on the effective date of this Article; and

7 (11) The business has registered the indoor smoking area with the Building Inspector of the City of Bel Aire on registration forms provided by the City and the City has verified compliance with the provisions of this Article. (Ord. 431) Section Posting of Signs (A) The owner, manager or other person having control of such building or other areas where smoking is prohibited by this Article shall have a conspicuously posted sign clearly stating that smoking is prohibited at each entrance and within the building or other areas where smoking is prohibited. (B) Such "No Smoking" signs shall have bold lettering of not less than one (1) inch in height. The international "No Smoking" symbol may also be used (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with red bar across it). (Ord. 431) Section Public Health Education The City of Bel Aire shall promote the purposes and requirements of this Article to the public affected by it, and guide owners, operators and managers in their compliance with it. Such promotion may include publication of a brochure for affected businesses and individuals explaining the provisions of this Article. (Ord. 431) Section Enforcement (A) The Bel Aire Police Department shall be responsible for enforcing the provisions of this Article within the City, but nothing in this section shall be interpreted to prohibit any other person who would otherwise be lawfully entitled to enforce the provisions of this Article from taking enforcement action under this Article. (B) Notice of the provisions set forth in this Article shall be given to all applicants for a City retail liquor or drinking establishment license. (C) Any person may register a complaint under this Article to initiate enforcement with the Bel Aire Police Department. (D) The Bel Aire Police Department and the Building Inspector of the City of Bel Aire shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance of this Article.

8 (E) Any owner, manager, operator or employee of any premises regulated by this Article shall be responsible for informing persons violating this Article of the provisions through appropriate signage. (Ord. 431) Section Non-retaliation No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment or customer because such employee, applicant or customer exercises any right to a smoke free environment afforded by this Article. (Ord. 431) Section Violations and Penalties (A) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this Article to fail to comply with all of its provisions. (B) It shall be unlawful for any person who owns, manages, operates or otherwise controls any premises subject to regulation under this Article to allow smoking to occur where prohibited by this Article. Any such person allows smoking to occur under this section if he or she: (1) has knowledge that smoking is occurring, and; (2) acquiesces to the smoking under the totality of the circumstances. (C) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this Article. (D) Any person who violates any provision of this Article shall be guilty of a misdemeanor, punishable by: (1) A fine not exceeding One Hundred Dollars ($100.00) for the first violation. (2) A fine not exceeding Two Hundred Dollars ($200.00) for a second violation within a one (1) year period of the first violation. (3) A fine not exceeding Five Hundred Dollars ($500.00) for a third or subsequent violation within a one (1) year period of the first violation.

9 (4) For the purposes of this subsection, the number of violations within a year shall be measured by the date the smoking violations occur. (Ord. 431) Section Other Applicable Laws This Article shall not be interpreted nor construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 431) Article 2 SWIMMING POOLS Section Definitions Section Limited Application of Regulations Section Designation of Manager Section Lifeguards Required Section Lifeguard Plan Section Lifeguard Plan Operation Section Pools without Lifeguards Section Lifeguard Platform or Chair Section Lifesaving Equipment Section First Aid Section Access to Closed Pool Section Disinfecting Materials and Methods Section Cleaning Section Personal Regulations Section Violation of Personal Regulations Section Daily Records Section Weekly Analysis of Water Samples Section Order of Closure Section Inspection by Health Officer Section Plans and Specifications for Construction Section Petition and Hearing for Review Section Fencing Section Penalty Section Definitions The following words and phrases, whenever used in this Article, shall be construed as defined in this section: (a) Swimming Pool means any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing and having a depth of two feet or more at anyone point. (b) Type "A" Swimming Pool shall mean any swimming pool other than a type "B" swimming pool, used or intended to be used collectively by numbers of persons for swimming or bathing, operated by any person as

10 defined herein, whether he be owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for such use and which is located in the city of Bel Aire, Kansas. (c) Type "B" Swimming Pool shall mean any swimming pool located on private property under the control of the homeowner, the use of which is limited to swimming or bathing by members of his family or their invited non-paying guests, provided that whenever such Type "B" swimming pool is used for persons other than the homeowner, his family or their nonpaying invited guests, such Type "B" swimming pool shall be made to comply with the provisions of this Article applicable to Type "A" swimming pools. (d) Person shall mean any person, firm, partnership, association, corporation, company, agency of the City of Bel Aire or board of education, club, group or organization of any kind. (e) Lifeguard shall mean a person designated to carry out safety procedures and supervision of swimming and other use activities at a Type "A" swimming pool who holds a current certificate in one or more of the following water safety courses: American Red Cross Senior Lifesaving, American Red Cross Water Safety Instructor, Young Men's Christian Association Senior Lifesaving; Young Men's Christian Association Leader Examiner, Young Men's Christian Association Aquatic Instructor, Young Men's Christian Association Aquatic Director, Boy Scouts of America Aquatic Instructor. (f) Manager shall mean a person designated by the owner, agent, or lessee to be responsible for the operation, supervision and maintenance of a Type "A" swimming pool. (g) Health Officer shall mean the person designated by the City Council as Health Officer for the City. (Ord. 46) Section Limited Application of Regulations The design, construction, and operation of Type "B" swimming pools are not subject to the provisions of this ordinance, except than whenever such Type "B" swimming pools are used for persons other than the homeowner, his family or their invited non-paying guests such Type "B" swimming pools shall be made to comply with the provisions of this Article applicable to Type "A" swimming pools. (Ord. 46) Section Designation of Manager

11 The owner, agent or lessees of every type "A" swimming pool shall designate a manager who shall be at least twenty-one years old, and shall inform the health officer in writing of the name, address and telephone number of the manager, in the case of the outdoor swimming pools before the opening of the pool each year, and in the case of an indoor swimming pools prior to the use of such pool, and at any time there is a change of managers during the season of pool operation. The written notification shall also include the basis for admission and use of the Type "A" swimming pool. (Ord. 46) Section Lifeguards Required The manager of every Type "A" swimming pool where a direct charge is made to any person for admission to the swimming pool or where a membership fee or charge is made for admission to the swimming pool or where a club or organization membership fee, charge or contribution includes the privilege of using the swimming pool, shall maintain lifeguards in attendance in the pool area whenever the swimming pool is in use. The number of lifeguards in attendance shall be as provided in Section Provided, that the manager of a Type "A" swimming pool may permit the use of such Type "A" swimming pool, outside of its normal use hours, by any person, provided that either such manager or such person provides lifeguards in accordance with Section (Ord. 46) Section Lifeguard Plan The manager of a Type "A" swimming pool that is required to maintain lifeguards in accordance with Section or that does maintain lifeguards shall submit, or the owner, agent or lessee of every such Type "A" pool shall submit annually to the health officer a lifeguard plan. Such lifeguard plan shall show how adequate lifeguard services are to be provided. The plan shall be submitted in duplicate and shall include a scale drawing of the pool location of lifeguard elevated chairs and/or stations, water depths, numbers and locations of lifeguards under the various anticipated use and load conditions, relief and rotation of lifeguards, type and location of safety equipment, the name and age of each lifeguard, the type, date and issuing office of the water safety certificate for each lifeguard, and such other information as the health officer may request. The lifeguard plan for outdoor swimming pools shall be submitted to and approval received from the health officer prior to the opening or use of such pool each year and for indoor swimming pools the lifeguard plan shall be submitted to and approval received from the health officer prior to the use of such pool. The health officer, after consultation as he deems necessary with the manager, owner, agent or lessee submitting the plan, an American Red Cross representative, Young Men s Christian Association representative, and/or a park department representative shall approve the plan as submitted, or approve the plan after such modifications as he deems necessary and return the approved

12 plan to the manager, provided, that after the initial lifeguard plan has been approved such plan may be accepted and approved for succeeding years on the basis of a written request including a current lifeguard list (each lifeguard's name and age, and type, date and issuing water safety certificate office), by the manager, owner, agent or lessee each year, if experience has shown the plan to be satisfactory and the factors influencing such approved plan have not changed materially, as determined by the health officer. The manager of a Type "A" swimming pool that is not required to submit a lifeguard plan may voluntarily submit and request approval of such a plan. In this event, he shall comply with the requirements of such approved plan unless the plan is withdrawn. Any false statement by a manager, owner, agent or lessee on a lifeguard plan shall render such plan invalid and shall be a violation of this Article. (Ord. 46) Section Lifeguard Plan Operation The manager of each Type "A" swimming pool that is required to have an approved lifeguard plan or that otherwise has an approved lifeguard plan shall operate his Type "A" swimming pool in accordance with such approved lifeguard plan; provided, that modifications to the approved lifeguard plan may be made if prior to such modification implementation, they are approved in writing by the health officer. (Ord. 46) Section Pools without Lifeguards At those Type "A" swimming pools that are not required to have an approved lifeguard plan and do not have an approved lifeguard plan, a warning sign shall be placed and maintained in plain view and state "Warning-No Lifeguard on Duty" with clearly, legible letters at least four inches high. In addition, the sign shall also state "Children Less Than 16 Years Old Shall Not Use Pool Without An Adult In Attendant." (Ord. 46) Section Lifeguard Platform or Chair Type "A" swimming pools that are required to have an approved lifeguard plan, operated primarily for unorganized use and having an area more than two thousand two hundred and fifty square feet of water surface area shall be provided with an elevated lifeguard platform or chair. In such Type "A" swimming pool with four thousand square feet or more of water surface area, additional elevated chairs or stations shall be provided as required by the health officer, located so as to provide a clear, unobstructed view of the pool bottom in the area under surveillance. Unorganized use is use other than supervised instruction, training, competition, therapy, exhibitions and demonstrations. (Ord. 46) Section Lifesaving Equipment

13 One unit of lifesaving equipment shall consist of the following: A ring buoy with an outside diameter of fifteen to seventeen inches which shall be attached to a sixty-foot length of three-sixteenths inch rope; A life pole or shepherd's crook type of pole having blunted ends with a minimum length of twelve feet, and a separate throwing line of one-fourth inch rope with length not less than one and one-half times the maximum width of the pool. Not less than one unit of equipment, as above, shall be provided at every Type "A" swimming pool. One unit shall be presumed to be adequate for two thousand square feet of water surface area. In Type "A" swimming pools with three thousand square feet or more of water surface area, additional units shall be provided as required by the health officer, Lifesaving equipment shall be mounted in conspicuous places, distributed around the swimming pool deck, lifeguard chairs or elsewhere, readily accessible, its function plainly marked and kept in repair and ready, usable condition. Bathers or others shall not be permitted to tamper with, use for any purpose other than its intended use or otherwise remove such equipment from its established location. (Ord. 46) Section First Aid Every Type "A" swimming pool shall be equipped with a first aid kit which shall be kept filled and ready for use. (Ord. 46) Section Access to Closed Pool When any Type "A" swimming pool is not open for use, access to the pool shall be prohibited by a method that provides reasonable control. (Ord. 46) Section Disinfecting Materials and Methods Type "A" swimming pools when in use shall be continuously disinfected by a chemical which imparts an easily measured, free available residual effect. When chlorine is used, a free chlorine residual of at least 0.4ppm. shall be maintained throughout the pool whenever it is open or in use. If other halogens are used, residuals of equivalent disinfecting strength shall be maintained. A testing kit for measuring the concentration of the disinfectant, accurate within 0.1 ppm. shall be provided at each swimming pool. The health officer may accept other disinfecting materials or methods when they have been adequately demonstrated to provide a satisfactory residual effect which is easily measured and to otherwise be equally as effective under conditions of use as the chlorine concentration required herein, and not be dangerous to public health, create objectional physiological effects or impart toxic properties to the water. Swimming

14 pool water shall be maintained in an alkaline condition as indicated by a ph of not less than 7.2 and not over 8.2. A ph testing kit accurate to the nearest 0.2 unit shall be provided at each swimming pool. The alkalinity of the water shall be at least 50 ppm. as measured by the methyl-orange test. Chemicals used in controlling the quality of water shall be demonstrated as imparting no toxic properties to the water. Such chemicals as may be used for algae control shall be approved for use by the health officer. (Ord. 46) Section Cleaning The swimming pool water shall have sufficient clarity at all times so that a black disc, six inches in diameter, is readily visible when placed on a white field at the deepest point of the swimming pool when observed from the side of the pool at a point adjacent thereto. Visible dirt on the bottom of the swimming pool shall be removed every twenty-four hours or more frequently as required. Visible scum or floating matter on the swimming pool shall be removed every twenty-four hours by flushing or other means. (Ord. 46) Section Personal Regulations A reasonable application of the following personal regulations shall be the responsibility of the manager of each Type "A" swimming pool. (a) All persons using the swimming pool shall take a cleansing shower bath before entering the swimming pool. (b) Any person known to have an infectious or communicable disease shall be excluded from a public swimming pool. Persons having any considerable area of exposed subepidermal tissue, open blisters, or cuts shall be warned that these are likely to become infected and advised not to use the swimming pool. (c) Spitting, spouting of water, and blowing the nose in the swimming pool will be prohibited. (d) No running, boisterous or rough play, except supervised water sports, shall be permitted in the pool, on the runways, diving boards, floats, platforms or in dressing rooms and shower rooms. (e) Suitable placards embodying the above personal regulations and instructions shall be conspicuously and appropriately posted at all Type "A" swimming pools. (Ord. 46) Section Violation of Personal Regulations

15 Any person willfully violating or refusing to comply with the personal regulations contained in Section shall be deemed guilty of a misdemeanor. (Ord. 46) Section Daily Records The manager of each Type "A" swimming pool shall keep a daily record on forms furnished by the health officer. These data shall be made available to the health officer and shall be maintained on file for a period of at least one year. (Ord. 46) Section Weekly Analysis of Water Samples The manager of each Type "A" swimming pool, shall, as required by the health officer, collected and submitted to the health officer for laboratory analysis at least two samples of the swimming pool water per week, whenever the pool is in operation. (Ord. 46) Section Order of Closure The health officer, because of epidemics or an outbreak of sickness related to type "A" swimming pool or because of the potential of transmission of disease or sickness through a Type "A" swimming pool or because of failure to comply with the requirements of this Article, may as a preventive public health measure, order such Type "A" swimming pool to be closed and/or order such modifications of pool water treatment or pool operation and use as he deems necessary. The manager of a Type "A" swimming pool receiving such order shall comply and may then appeal such order in writing within ten days to the health officer and failing may appeal to the City Council of the City of Bel Aire, by requesting in writing to the City Clerk, within ten days after receiving the decision of the health officers, a hearing before such City Council. Such appeals shall be heard, with sufficient notification as to time and place given the manager, within ten days after receipt of the written request. (Ord. 46) Section Inspection by Health Officer The health officer is authorized to conduct such inspections as he deems necessary to insure compliance with all provisions of this Article and shall have the right of entry, at any reasonable hour, to all Type "A" swimming pools for this purpose. (Ord. 46) Section Plans and Specifications for Construction No person shall begin construction of a Type "A" swimming pool or shall substantially alter or reconstruct any Type "A" swimming pool, without first having submitted plans and specifications to the health officer for review, and without

16 receiving a copy of these submitted plans and specifications approved by the health officer. Three copies of the plans and specifications shall be submitted to the health officer with two copies of each being returned. The plans shall be drawn to scale and accompanied by proper specifications so as to permit a comprehensive, engineering review of the plans, including the piping and hydraulic details. The plans shall include plan and sectional views with all necessary dimensions of both the pool and surrounding area. The plans shall also include a piping diagram showing all appurtenances including treatment facilities, in sufficient detail, as well as pertinent elevation and data, to permit a hydraulic analysis of the system. The specifications shall contain details on all treatment equipment including catalog identification of pumps, chlorinators, chemical feeders, filters, strainers, interceptors, and related equipment. The basis of review by the health officer shall be the most recently published Suggested Ordinance and Regulations Covering Public Swimming Pools prepared by the joint committee on swimming pools and bathing places of the American Public Health Association, Conference of State Sanitary Engineers and Conference of Municipal Public Health Engineers, in cooperation with the United States Public Health Service and/or the Proposed Minimum Standards for Public Pools published by the National Swimming Pool Institute. The pool and facilities shall be built in accordance with the plans as approved unless approval of changes has been given in writing by the health officer. (Ord. 46) Section Petition and Hearing for Review Any person affected by any notice or decision by the health officer which has been made in connection with the enforcement of any provisions of this Article, except as has been provided for in Section of this Article who is aggravated thereby, and who believes the same to be contrary to the policies or regulations of this city, may request and shall be granted a hearing on the matter before the City Council, provided that such person shall file in the office of the Health Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor, within ten days after the notice or decision was received. Upon receipt of such petition, the health officer shall set a time and place at the next regular scheduled meeting of the City Council for such hearing, and shall give the petitioners written notice thereof. Upon application of the petitioner, the health officer may postpone the date of the hearing if in his judgment the petitioner has submitted a good and sufficient reason for such postponement. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice or decision should be modified or withdrawn. After such hearing, the City Council may sustain, modify, or withdraw the notice or decision, depending upon their findings as to whether the provisions of this Article have been complied with. (Ord. 46) Section Fencing

17 Private swimming pools, as defined in this Article shall be protected and enclosed with a fence or wall enclosure at least sixty inches in height. Gates leading to such pools shall be latched when not under the supervision of an adult. Such latch shall reasonably insure against accidental access to the pool by the children. Fencing for the entire yard in which a swimming pool is located is acceptable provided such fence or wall complies with the above requirements. (Ord. 46) Section Penalty Any person violating any of the provisions of this Article is guilty of a misdemeanor. (Ord. 46) Article 3 HEALTH AND ANIMAL CARE OFFICER Section Creation of Position Section Duties Section Creation of Position There is hereby created the position of Health and Animal Care Officer for the City of Bel Aire, Kansas to enforce the Public Health, Sanitation and Animal Code provisions of the City of Bel Aire, Kansas. (Ord. 58) Section Duties The duties of the Health and Animal Care Officer are as follows: (a) All of the duties and responsibilities set forth in Chapters 7, 8 and 9 of this Code. (b) In addition thereto the Health and Animal Care Officer is granted law enforcement powers for the purpose of signing complaints and issuing and serving Notices to Appear for Public Health and Sanitation violations. (c) It shall further be the duty of the Health and Animal Care Officer to maintain records on all dogs over three months old and to provide licensing thereof. (d) It shall further be the responsibility of the Health and Animal Care Officer to issue Notices and hold revocation hearings for said dog licensing. (e) It shall further be the duty of the Health and Animal Care Officer of the City of Bel Aire, Kansas, to issue such Notices and hold such hearings as authorized and required for Public Health and Sanitation violations.

18 (f) It shall also be the duty of the Health and Animal Care Officer to monitor violations that occur for which Notices are issued pursuant to Public Health and Sanitation violations. (g) It shall further be the duty of the Health and Animal Care Officer, with the approval of the City Council and after consultation with the City Attorney, to abate any nuisances that shall continue to exist contrary to Chapter 9 of this Code. (Ord. 58)