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(A) All operators shall ensure that infectious waste is either treated on-site in accordance with this rule or transported off-site for treatment in accordance with this rule.
(B) (1) A treatment is effective if it reduces the pathogenic qualities of infectious waste for safe handling, is designed for the specific waste involved, and is carried out in a manner consistent with this rule.
(2) Effective treatment may include:
(a) Incineration in an incinerator designed to accommodate infectious waste;
(b) Steam sterilization;
(c) Chemical disinfection under circumstances where safe handling of the waste is assured;
(d) Thermal inactivation;
(e) Irradiation; or
(f) Discharge in a sanitary sewer or septic system that is properly installed and operating in accordance with state and local laws.
(C) All persons subject to this rule shall:
(1) Transport infectious waste in a manner that reasonably protects waste haulers and the public from contracting a dangerous communicable disease; and
(2) Effectively treat infectious waste in accordance with this rule before it is compacted.
(D) The operator shall ensure that infectious waste, effectively treated or not, is transported off-site in compliance with 410 I.A.C. 1-3.
(Ord. 04-21-08, passed 4-21-2008)
ADMINISTRATION
(A) Business. Each facility operation shall obtain a permit from the County Department of Health. The permit shall provide the name and address of the owner of the business and the name and address of each and every tattoo artist and body piercer located at each location. The cost for this permit shall be $250 and shall not be transferable. The permit expires on December 31 of each year. Any holder of a permit shall be subject to inspection as set forth herein. The County Department of Health shall provide the appropriate forms for this permit. Said permit shall be posted at the facility in the place where the tattoos or body piercings are performed and shall be clearly visible to the public.
(B) Mobile facility. Each mobile facility operation shall obtain a permit from the County Department of Health. The permit shall provide the name and address of the owner of the business and the name and address of each and every tattoo artist and body piercer located at each location. The cost of this permit shall be $150 and shall not be transferable. The permit expires on December 31 of each year. Any holder of a permit shall be subject to inspection as set forth herein. The County Department of Health shall provide the appropriate forms for this permit. Said permit shall be posted at the mobile facility in the place where the tattoos or body piercings are performed and shall be clearly visible to the public. In addition, the date, time and location of the event where the mobile facility will be used shall be submitted at least 48 hours prior to the start time of the event to the County Department of Health.
(C) Tattoo artist or body piercer. Every person that desires to perform any tattoo or body piercing shall obtain a “tattoo artist permit”, “body piercer permit”, or a “tattoo artist-body piercer permit” from the County Department of Health. This permit must be obtained before any tattoos are affixed or body piercing done to any person and after the requisite training. The applicant must satisfy the minimum requirements as set forth in § 111.06. The cost of said permit shall be $50 and shall not be transferable. The permit expires on December 31 of each year. Any holder of a permit shall be subject to inspection as set forth herein. The County Department of Health shall provide the appropriate forms for this permit. Said permits shall be posted at the facility in the place where the tattoos or body piercings are performed and shall be clearly visible to the public.
(D) Owner/operator. In the event that a facility is a sole proprietorship and the owner shall also perform tattooing or body piercing for their business, the owner shall only be required to obtain a business permit as described in this section.
(E) Guest tattoo artist or body piercer.
(1) Every person that desires to perform any tattoo or body piercing within the county on a temporary basis shall obtain a “guest tattoo artist permit”, “guest body piercer permit”, or a “guest tattoo artist-body piercer permit” from the County Department of Health. This permit must be obtained before any tattoos are affixed or body piercing done to any person and after the requisite training.
(2) The applicant must satisfy the minimum requirements as set forth in § 111.06. The cost of said permit shall be $15 and shall not be transferable. The permit shall expire 30 days after the date of issuance. Any holder of a permit shall be subject to inspection as set forth herein. The County Department of Health shall provide the appropriate forms for this permit. Said permits shall be posted at the facility in the place where the tattoos or body piercings are performed and shall be clearly visible to the public.
(F) Pro ratio of fees. In the event that a business, mobile facility, tattoo artist, and/or body piercer shall apply for a permit any time prior to June I of any year, they shall be responsible for the total annual fee as described in this section. In the event that a business, mobile facility, tattoo artist, and/or body piercer shall apply for a permit any time after June 1 of any year, they shall be required to pay one-half of the annual fee. All permits shall expire on December 31 of the year in which they were issued.
(Ord. 04-21-08, passed 4-21-2008)
(A) The County Department of Health shall conduct inspections of each and every facility and mobile facility located in the county. The County Department of Health shall conduct a minimum of two inspections per year for facilities and one inspection per year for mobile facilities.
(B) Additional inspections may be conducted by the County Department of Health as it determines and/or in response to complaints submitted. The results of the inspections shall be provided to each operator.
(C) Violations noted by the County Department of Health shall be corrected immediately. The Department shall conduct follow-up inspections to determine compliance with this chapter.
(Ord. 04-21-08, passed 4-21-2008)
(A) If, during the inspection of any facility, the Health Commissioner discovers the violation of any Switzerland County Code provision, he or she shall issue a written report listing such violations and the remedial action(s) to be taken. A copy of said report shall be delivered to the permittee by hand delivering the report to him or her on-site, or mailing the notice by certified mail to the address listed by the permittee as his, her, or its mailing address on the permit application.
(B) A copy of the written order shall be filed in the records of the Department after appropriate review by supervisory personnel and then shall be made available to the public.
(Ord. 04-21-08, passed 4-21-2008)
The Health Commissioner may order the suspension or revocation of any permit issued for a facility, which order shall include the prohibition of any further operation for the following reasons:
(A) Interference with the Health Commissioner, or his or her authorized representatives, in the performance of his or her duties. INTERFERENCE shall be defined as the process of obstructing, hampering, or blocking the Health Commissioner in the performance of his or her duties; or
(B) As a result of the willful and/or continuous violation of any provision of this chapter.
(Ord. 04-21-08, passed 4-21-2008)
(A) Except as set forth in this (A), no suspension or revocation shall be ordered by the Health Commissioner except after a hearing held pursuant to § 111.35(A).
(B) Notwithstanding the provisions of this section, whenever the Health Commissioner, or his or her authorized representatives, find unsanitary or other conditions, involving the operation of any facility which, in his or her reasonable belief, constitutes an imminent health hazard, he or she shall without notice or hearing, issue and serve a written order upon the permittee requiring the immediate closure of its operations, shall cite the existence of said unsanitary conditions, and shall specify the corrective actions to be taken.
(1) Such order shall be effective immediately.
(2) Upon written request to the Health Commissioner, the permittee shall be afforded a hearing on the next business day as set forth in § 111.35(A).
(3) The Health Commissioner shall make a reinspection upon the request of the permittee. When the Health Commissioner determines that the necessary corrective action(s) have been taken, operation of the facility may be resumed.
(Ord. 04-21-08, passed 4-21-2008)
(A) All hearings required under this section, except those set forth in § 111.34(B)(1), shall be held only upon at least ten days’ written notice to the permittee of time, place and nature thereof. The notice of hearing shall be served upon the permittee by leaving, or mailing by certified mail, the notice to the address listed on the permit application as the permittee’s mailing address or such other address as the permittee shall designate in writing to the Health Commissioner.
(B) At any hearing required under this chapter, the Hearing Officer shall be the Health Commissioner or the Health Commissioner’s designee. Every person who is a party to such proceedings shall have the right to submit evidence, to cross-examine witnesses, and to be represented by legal counsel. All such hearings shall be conducted in an informal manner, but irrelevant, immaterial, or unduly repetitive evidence may be excluded.
(C) Upon the conclusion of such hearing, the Hearing Officer shall enter a final order, subject to the right of appeal in accordance with § 111.36(A).
(Ord. 04-21-08, passed 4-21-2008)
(A) Any permittee aggrieved by any final order of the Health Commissioner shall be entitled to a review of the final order before the County Board of Health (Board) by filing a written request therefor with the Secretary of the Board within 15 days after such final order is issued.
(B) Upon the Health Commissioner’s receipt of such request, the Board shall hear the matter de novo in an open hearing after at least ten days’ written notice of the time, place, and nature thereof. (The Health Commissioner and the permittee may agree to a shorter period of time, if requested by either party.) The notice shall be issued by the Secretary of the Board to the permittee filing the request.
(C) The notice of hearing shall be served upon the permittee by leaving or mailing by certified mail, the notice to the address listed on the permit application as the permittee’s mailing address, or such other address as the permittee shall designate in writing to the Secretary of the Board.
(D) At such hearing, the same rules of procedure shall apply as set forth in § 111.35(B); provided, that upon written request by the permittee or the Health Commissioner, the Board shall cause the proceedings before it to be recorded by a reporter employed for such purpose, and the same, together with all papers and documents filed therein, shall, at the request of either party, be reproduced by said Board in the form of a transcript, a copy of which shall be available to any party.
(E) The expense of such proceedings shall be charged to the permittee who applied for the review, except that copies of transcripts shall be at the expense of the party requesting the same. At the time the transcript is requested, the Board may require the permittee to pay a deposit in an amount determined by the Board to be necessary to secure such expense(s).
(F) The Board shall make written findings of facts and shall enter its final order or determination of the matter in writing.
(Ord. 04-21-08, passed 4-21-2008)
(A) It shall be the duty of the Health Commissioner to enforce the provisions of this chapter. Any permit issued in conflict with the provisions of this chapter shall be null and void.
(B) A violation of an order issued by the Health Commissioner or Board shall be considered to be a violation of this chapter.
(Ord. 04-21-08, passed 4-21-2008)
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