Regulations

5/23/2012 REGULATIONS OF THE EL PASO COUNTY BOARD OF HEALTH EL PASO COUNTY, COLORADO

CHAPTER 1 BYLAWS EL PASO COUNTY BOARD OF HEALTH SECTION 1.1: ORGANIZATION

A. Board of Health: El Paso County Public Health (hereafter “Public Health”) shall be governed by the Board of Health of El Paso County, hereinafter referred to as the Board. The Board shall consist of nine members, as appointed by the Board of County Commissioners of El Paso County, Colorado, in accordance with the provisions of Article 1 of Title 25, C.R.S. Board members shall serve with no remuneration, except that they may be reimbursed for actual expenses when on official Public Health business.

B. Place of Business: The principal office of the Board shall be located in the El Paso County Public Health building located at 1675 W. Garden of the Gods Road, Suite 1044, Colorado Springs, Colorado.

C. Authority of the Board of Health:

1. The authority of the Board shall be in accordance with those powers and duties set forth in Part 5 of Article 1 of Title 25, C.R.S.

2. The Board shall be held responsible for the selection and appointment of an experienced Executive Director with knowledge in public health, public administration or closely related discipline. The Executive Director shall hold the position at the will and pleasure of the Board.

3. The Board shall have the power and duty of determining, devising and setting general policies to guide the Executive Director and Public Health.

D. Mission: The Board of Health’s mission is to promote and protect public health and environmental quality in the community through people, prevention and partnerships, subject to availability of funding; and, to work toward providing the 10 essential services as outlined by the National Association of Local Boards of Health (NALBOH).

SECTION 1.2: OFFICERS

The regular officers of the Board shall be President, Vice President, Secretary, and Treasurer. The President and Vice President shall serve a term not to exceed one (1) calendar year. The Board shall elect a new President and Vice President, the election of which shall occur at the regular meeting of the Board each December, or as otherwise determined appropriate by the Board. The duties of the regular officers of the Board shall be as follows:

A. President: The President shall preside at all meetings of the Board, shall take an interest in all affairs of Public Health, and shall be an ex-officio member of all committees, without vote. The President of the Board shall have the authority to sign deeds and other instruments on behalf of Public Health, unless such power is otherwise delegated by the Board or by the Colorado Revised Statutes.

B. Vice President: The Vice President of the Board shall perform the duties of the President of the Board in the event of absence, resignation, death, or disability of the President.

C. Secretary: The Secretary of the Board shall be the Executive Director, or assigned staff. The Executive Director shall have the authority and responsibility as determined by the Board of Health and as set forth in Part 5 of Article 1 of Title 25, C.R.S. The Executive Director and the County Administrator shall consult throughout the budget year regarding the coordination of administrative and support services, and concerning the integration of support services in order to create operating and cost efficiencies.

D. Treasurer: The Treasurer of El Paso County shall serve as Treasurer of El Paso County Public Health. The Treasurer shall hold all funds of Public Health in an account in a depository as authorized by Colorado law and in accordance with the Public Deposit Protection Act, Section 11-10.5-10 1, et seq. C.R.S. Said account shall be an “El Paso County Public Health” fund, created by the Treasurer as provided by Section 25-1-5 11, C.R.S. All withdrawals from such funds shall be allowed only if certified by the President or, by any Board member designated by the President, and the Executive Director.

SECTION 1.3: MEETINGS

A. Regular Meetings: The Board shall establish a regular meeting schedule each year at a place to be designated by the Board. Such schedule may be amended from time to time by the Board, as necessary. In order to facilitate digital recording, and Internet and television broadcasting, the Board of Health shall normally conduct its regular meetings at the Pikes Peak Regional Development Center Hearing Room 2880 International Circle, Colorado Springs, CO. All meetings of the Board shall be digitally recorded. If service is available, all meetings shall also be broadcast live over the Internet. Furthermore, if service is available, the video and audio recording of all meetings shall be rebroadcast over a cable television local access channel. Regular meetings for each year shall be as determined by the Board of Health.

B. Special Meetings: Special meetings may be called by the President, the Executive Director, or a majority of the Board at any time on three days prior notice, or in case of emergency, 24 hours notice by telephone or other electronic means.

C. Quorum: A majority of the Board members shall constitute a quorum for the transaction of business at any meeting, but if no quorum exists, those members in attendance may adjourn the meeting to a time certain.

D. Attendance at Meetings/Removal of Member: Board members are expected to attend at least eighty percent (80%) of all regular meetings and special meetings. The reasons for any absences shall be communicated in advance, if possible, to the President. If a Board member has more than three (3) absences during any calendar year, it shall be the duty of the President and Vice President to consult with such member concerning his or her continued willingness and ability to serve on the Board. Notwithstanding the President and Vice President’s commitment to consult, nothing precludes the Board of Health from recommending to the Board of County Commissioners the removal of a member who receives more than three (3) absences in any calendar year. Only the Board of County Commissioners shall have the authority to remove a member. The authority of the Board of Health is limited to making recommendations for removal to the Board of County Commissioners.

E. Meeting Agenda: A written agenda, to the extent required by law, shall be prepared by the Secretary or assistant secretary for each regular and special meeting of the Board, and posted at least 24 hours prior to the meeting at the place or places established each year by the Board as required by law. The regular meeting agenda shall generally be prepared and sent by electronic means to all Board members at least five (5) days prior to each regular meeting. The agendas for each regular and special meeting shall consist of items requested by the President of the Board or, in the absence of the President, the Vice President, the Executive Director, or at least three (3) members of the Board. Board members shall submit requests for agenda items to the President or, in the President’s absence, the Vice President and the Executive Director. The agenda may be changed by the President or by majority vote of the Board members present.

F. Executive Sessions: The President shall poll Board members, and, upon consent of two-thirds (2/3) of the Board members present, may hold a closed executive session. If consent for the closed executive session is not given, the item may be discussed in open session or withdrawn from consideration. The reasons for going into executive session shall only be those allowed for a local public body under Section 24-6-402, C.R.S.

G. No Administrative Authority: The Board shall act only by motion or resolution at a regular or special meeting of the Board. No individual member of the Board shall give individual administrative direction to the Executive Director or Public Health staff or in any manner exercise individually any administrative authority with respect to Public Health.

H. Policy Statements: No individual member of the Board shall make a statement of policy which purports to be that of the Board unless the Board shall have adopted such policy, but no Board member shall be prohibited from stating his or her personal opinions, provided they are clearly identified as being personal.

I. Board Responsibilities: It is the responsibility of the Board to understand and carry out powers and duties pursuant to Part 5 of Article I of Title 25, C.R.S., relating to public health. As such, each Board member must recognize his or her responsibilities as a Board member, and the administrative roles and responsibilities of the Executive Director.

SECTION 1.4: COMMITTEES

A majority of the Board shall have the power to appoint regular, temporary or ad hoc committees as deemed necessary to study matters coming before the Board and to make recommendations to the full Board. The Board may appoint itself as a Committee of the Whole to hear any matters that may be brought before it. The creation of all such committees and appointments thereto shall be done in an open and public meeting. All committee meetings shall be held in compliance with the Colorado Open Meetings Law, Section 24-6-402, C.R.S.

SECTION 1.5: ANNUAL AUDIT AND ANNUAL BUDGET

As soon as practical following approval of an annual audit of Public Health, the Secretary shall file in the offices of the El Paso County Board of County Commissioners a report of the preceding year’s activities of Public Health, which audit shall include a copy of the auditor’s recommendations, if any. On or before September 1 of each year, Public Health shall present to the Board of County Commissioners a proposed budget for the next Public Health fiscal year in order to provide the Board of County Commissioners with an opportunity to provide any moneys necessary, over estimated moneys from surpluses, grants, and donations, to cover the total cost of maintaining Public Health for the ensuing fiscal year by an appropriation from the county general fund.

SECTION 1.6: COUNTY HEALTH PLAN

As soon as practicable after adoption of the statewide public health improvement plan required under Section 25-1-504, C.R.S., Public Health shall commence development of a countywide public health improvement plan. The Board shall not adopt such a countywide public health improvement plan until it shall have made available to the public for review and comment a draft that is materially complete. As soon as the draft of a countywide public health improvement plan is available for public review and comment, the Board shall present to the Board of County Commissioners a copy of such draft in order to provide the Board of County Commissioners with an opportunity for review and comment.

SECTION 1.7: ANNUAL UPDATE

Once per year, Public Health shall prepare and the Board shall provide a written Annual Update to the Board of County Commissioners concerning the previous year’s activities of Public Health.

SECTION 1.8: PARLIAMENTARY AUTHORITY

The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with the Colorado Revised Statutes.

SECTION 1.9: AMENDMENT OF BYLAWS

The Bylaws may be amended at any regular or special meeting of the Board by a majority vote of at least five (5) members of the Board. Except in case of an exigent circumstance that requires immediate amendment to the Bylaws, any proposed amendments to the Bylaws shall be presented to the Board in draft form at a regular meeting at least one month prior to final consideration by the Board.

SECTION 1.10: SEVERABILITY

To the extent any part of these Bylaws are declared to be unenforceable by a court of competent jurisdiction, it shall not make unenforceable the remaining provisions of the Bylaws.

5/23/2012 REGULATIONS OF THE EL PASO COUNTY BOARD OF HEALTH EL PASO COUNTY, COLORADO Chapter 2 Administrative Regulations El Paso County Public Health 5/23/2012

SECTION 2.1: TITLE

A. The regulations contained in these chapters shall constitute and shall be designated in their entirety as “The Regulations of the El Paso County Board of Health”, and may be cited as the “Public Health Regulations”.

B. Reference herein to the “El Paso County Board of Health”, also referred to herein as the “Board of Health” or “Board”, shall mean the El Paso County Board of Health as established by the El Paso County Board of County Commissioners for the County of El Paso, State of Colorado.

C. References herein to “El Paso County Public Health”, also referred to herein as the “Public Health”, shall mean El Paso County Public Health as established by the El Paso County Board of County Commissioners for the County of El Paso, State of Colorado.

SECTION 2.2: AUTHORITY

A. These regulations are promulgated by the El Paso County Board of Health pursuant to its authority granted in Section 25-1-508, C.R.S.; and, all other grants of legal authority by the Colorado State Legislature and any other governmental bodies authorized to grant powers and duties to the Board of Health.

B. The El Paso County Board of Health hereby determines that these regulations are necessary, and in the best interests of the public health, safety and welfare.

SECTION 2.3: NUMBERING SYSTEM

The regulations of the El Paso County Board of Health shall be organized into chapters consisting of major subject areas of regulation. Each chapter shall be divided into sections and subsections, as appropriate. The Secretary of the Board, or her designee, is authorized to renumber chapters, sections and subsections of these regulations as she deems appropriate.

SECTION 2.4: ACCEPTANCE OF THE REGULATIONS

A. These regulations, as presented in printed form, shall be received without further proof in all courts and in all administrative tribunals of the State of Colorado as the regulations of general and permanent affect of the El Paso County Board of Health.

B. The Secretary of the Board, or her designee, is authorized to certify a true copy of the Regulations of the Board of Health or any part thereof, to any court or administrative tribunal.

SECTION 2.5: RULES OF CONSTRUCTION

A. In the construction of phrases and terms used in these regulations, normally recognized rules of construction shall be observed unless excluded by expressed provision, or inconsistent with the intent of the Board of Health.

B. All general terms, phrases and expressions shall be liberally construed in order that the true meaning and intent of the Board of Health may be implemented.

C. Words in the present tense include the future tense. Words in the singular include the plural, and words in the plural include the singular.

D. Words importing the masculine or feminine gender shall be applied to the opposite gender, as appropriate, and to individuals, associations, corporations, partnerships, and to all other types of legal entities.

E. Titles, captions, historical notes, source notes, and all other explanatory notes are intended as aids in reference and shall not be deemed to be part of these regulations.

F. References to authority granted to a specific position, appointee, manager, officer, agent, or similar person shall be deemed to include that person’s authorized designee.

G. Public Health has authority to administratively adopt written and unwritten interpretations of words and phrases contained in these regulations, except as such words and phrases have otherwise been defined by the regulations or otherwise by law. In adopting such administrative interpretations, Public Health shall apply reasonable meanings and understandings; and shall, to the extent possible, affect the intent of the Board of Health in promulgating such regulations.

H. The Secretary of the Board of Health has authority to correct typographical errors and grammatical errors within any of the regulations herein without further action of the Board. Any such corrections shall be accompanied by an historical note, source note, or other appropriate note explaining the correction.

SECTION 2.6: COMPUTATION OF TIME

A. In the computation of any period of time prescribed or allowed for the transaction of business, filing papers, applying for licenses or permits, and all other similar transactions involving official business before the Board of Health or Public Health, the time shall be computed by excluding the first day and including the last day. If, however, the last day is a Saturday, Sunday, or legal holiday, it shall be excluded, and therefore, the last day of any such prescribed period of time shall be on the following regular business day of Public Health.

B. A legal holiday includes all holidays declared by the Board of Health.

SECTION 2.7: DEFINITIONS

A. BOARD or BOARD OF HEALTH: The El Paso County Board of Health, unless the context requires otherwise.

B. COUNTY: El Paso County, unless the context requires otherwise.

C. C.R.S.: Colorado Revised Statutes.

D. PUBLIC HEALTH: El Paso County Public Health, unless the context requires otherwise.

E. PERSON: Any individual, firm, company, partnership, sole proprietorship, association, governmental agency, or similar legal entity.

F. EXECUTIVE DIRECTOR: The administrative and executive head of the Public Health designated by the Board of Health pursuant to its authority contained in Section 25-1-508, C.R.S.

SECTION 2.8: SEVERABILITY

It is the intention of the Board of Health that each and every part of these regulations is severable. If any term, phrase, clause, sentence, paragraph, or section of these regulations is declared to be unconstitutional or invalid by any court, the unconstitutionality or invalidity shall not affect any remaining provisions, as the remaining provisions would have been promulgated in these regulations in any event.

SECTION 2.9: REPEAL OF PRIOR REGULATIONS

A. All rules and regulations promulgated by the Board of Health prior to January 21, 2009, are hereby repealed, except as provided below.

B. All permits, licenses, orders, and other administrative and quasi-judicial actions issued, authorized, or otherwise taken by the Board of Health or Public Health pursuant to rules and regulations promulgated prior to this date shall remain in full force and effect. The rules and regulations upon which such administrative or quasi-judicial action is, or was, taken, shall remain effective for the purposes of such action.

SECTION 2.10: COMPLIANCE WITH REGULATIONS

A. No person shall be granted, or have renewed, any permit, license, or certificate pursuant to the Regulations of the El Paso County Board of Health if said person is in noncompliance with any of such regulations, or has failed to pay any applicable fees, or penalties, or represents another person in obtaining or renewing any permit, license, or certificate who is in noncompliance or has failed to pay applicable fees, or penalties at any location within El Paso County.

B. Public Health shall use reasonable means to notify the property owner prior to entry upon any property of its intent to enter and purpose for entering. Notice shall normally be given in person immediately prior to the time of entry by contacting the property owner in person at the location of the property. If notice cannot reasonably be given in person, notice may be given by telephone, fax, electronic mail, United States mail, or any other reasonable means, if feasible.

C. If Public Health has a lawful right to enter a property for the purposes of making an inspection, and the property owner refuses to grant entry, or withdraws permission to enter or remain on the property, Public Health shall not enter the property, or immediately leave the property, and seek an administrative inspection warrant or other lawful means to obtain access.

D. The property owner, or his representative, shall have the right to accompany Public Health during any inspection of a property.

E. If Public Health obtains any samples from a property, the owner shall be provided a split sample, upon request. If a split sample is not practicable, a duplicate sample shall be provided, upon request.

F. Public Health is authorized to record a Certificate of Noncompliance in the Office of the El Paso County Clerk and Recorder relating to any real property located in El Paso County, Colorado, that has conditions, structures, improvements, facilities, or any operation thereon, or for which the owner, tenant, or operator has not paid a fee or civil penalty associated with said real property in compliance with any public health law of the State of Colorado, or Regulation of the El Paso County Board of Health.

1. At least thirty (30) calendar days prior to recording a Certificate of Noncompliance, Public Health shall first notify the owner, tenant or operator of said real property of the alleged non-compliant condition, structure, improvement, facility, or operation, or the failure to pay a fee or civil penalty associated with the use of such real property, and its intent to record a Certificate of Noncompliance, by personal service to the owner, tenant or operator; or, by certified mail, return receipt requested, to the last known address of any such person; or, by posting a notice on a building, structure, or other prominent place on said property, or by personal service of the notice to the property owner.

2. Following at least thirty (30) days after mailing or posting such notice, and without further investigation or evidence required, Public Health may, but is not required, to record a Certificate of Noncompliance with regard to such real property as provided herein so long as the property owner, tenant or occupant has not provided competent evidence that the non-compliant conditions have been corrected, and all fees, civil penalties and costs paid.

3. The form for the Certificate of Noncompliance shall be developed by Public Health to include the following information, as is known or readily available: Name of the property owner, tenant, or operator; common address; legal description; date the notice of noncompliance was mailed or posted; date of recording the Certificate of Noncompliance; citation of the legal authority relating to the noncompliance; general nature of the non-compliant condition, structure, improvement, facility, or operation, or failure to pay a fee or civil penalty; name, title, address and telephone number of Public Health official filing the Certificate of Noncompliance; general statement of the corrective action that is necessary to obtain a release of the Certificate of Noncompliance; and, general statement of the process to obtain a release of the Certificate of Noncompliance.

4. Public Health shall issue a release of the Certificate of Noncompliance to the property owner, tenant, or operator upon request as soon as practicable following receipt of competent evidence that the non-compliant conditions have been corrected, and following payment of all fees and costs, including applicable permit fees, inspection fees, penalties, and release processing fees.

5. The property owner shall be responsible to file the release with the Office of the El Paso County Clerk and Recorder at his expense.

SECTION 2.11: ADMINISTRATIVE PROCEDURES

A. The following procedures shall be followed by the Board of Health for adoption or revision of regulations pursuant to its authority contained in Section 25-1-508, C.R.S. These procedures shall not apply to general statements of policy, adoption or revision to the annual budget of Public Health, ceremonial actions, administrative procedures or policies of Public Health, contracts, advisory directions, or any similar actions of the Board of Health or Public Health.

B. Any member of the Board of Health, Public Health, or any other person may propose regulations for adoption by the Board of Health.

C. A person proposing a regulation shall submit a draft of such regulation to the legal advisor of the Board of Health who shall determine whether the proposed regulation is within the authority of the Board of Health to adopt.

D. If the legal advisor determines that the proposed regulation is not within the authority of the Board of Health to adopt, he shall so notify the person proposing the regulation.

E. If the legal advisor determines that the proposed regulation is within the authority of the Board of Health to adopt, he shall draft an appropriate resolution setting forth the draft regulation, along with a proposed public hearing date, time and place, and ordering the Secretary of the Board of Health to advertise the public hearing at least once in a newspaper of general circulation in El Paso County, Colorado, not less than twenty (20) days prior to said public hearing.

F. The Board of Health shall consider said resolution for a public hearing on the proposed regulation at its first appropriate regular or special meeting. The Board of Health may adopt, modify, or reject said resolution for a public hearing on the proposed regulation at its sole discretion.

G. If ordered by the Board of Health by resolution, the Secretary of the Board of Health shall thereafter advertise the date, time, place, and general nature of the proposed regulation at least once in a newspaper of general circulation in El Paso County, Colorado, not less than twenty (20) days prior to said public hearing. Said notice shall include a statement that a complete copy of the proposed regulation shall be available for public inspection and copying at Public Health offices located at 1675 W. Garden of the Gods Road, Suite 2044, Colorado Springs, Colorado. The Secretary of the Board of Health may also make the proposed regulation available for public inspection on the Internet.

H. Any person may submit written comments on the proposed regulation to the Board of Health at any time prior to or during said public hearing. All written comments shall be made available for public inspection and copying as a part of the hearing record, and shall be considered by the Board of Health in making its final determination regarding the proposed regulation.

I. On the date, and at the time and place stated in the notice, the Board of Health shall hold a public hearing on the proposed regulation; except, that the Board of Health may cancel the public hearing, postpone it indefinitely, continue it to another date, time or place which shall be announced, or take other action as it deems appropriate.

J. At the public hearing, the Board of Health shall first receive written and/or oral statements from the person proposing the regulation. The person proposing the regulation may recommend adoption of it as proposed, or may recommend modification, rejection, or any other appropriate consideration by the Board of Health.

K. Thereafter, the Board of Health shall afford interested persons an opportunity to present written and/or oral data, views, and arguments concerning the proposed regulation.

L. The Board of Health may impose reasonable rules for the conduct of public hearings such as time restrictions, restrictions on duplicitous presentations, and other such rules as it deems necessary to provide a full, fair and expeditious hearing.

M. Following conclusion of all presentations, the Board of Health shall close the public hearing and deliberate on its final determination. During its deliberation, the Board of Health may request clarification or follow-up material from Public Health, or others relating to matters raised during the hearing. The Board of Health may also reopen the public hearing, or allow submittal of supplemental material for a set period of time following the public hearing, followed by deliberation at a later date to be announced.

N. The Board of Health shall base its final determination regarding the proposed regulation on the administrative record that shall consist of all written and oral statements presented. The Board of Health may adopt the regulation as proposed, modify the proposal, reject the proposal, postpone action to a later date, or take such other action as it deems appropriate.

O. Regulations adopted by the Board of Health shall become effective immediately upon adoption, unless otherwise provided by the Board of Health.

P. The Secretary of the Board of Health shall maintain, and make available for public inspection and copying all regulations adopted by the Board of Health in paper copy, and on the Internet, if feasible.

The Board of Health may adopt a temporary or emergency regulation without compliance with these procedures if the Board of Health determines that immediate adoption of a regulation is imperative to comply with a federal or State law, or for the immediate preservation of public health, safety or welfare, and compliance with these procedures would be contrary to the public interest. In such case, the Board of Health will make a finding as to the basis of its determination that a temporary or emergency regulation is imperative. A temporary or emergency regulation shall become effective immediately, or as otherwise ordered by the Board of Health. A temporary or emergency regulation shall be effective for a period not to exceed three (3) months, or for such shorter period of time as ordered by the Board of Health.

REGULATIONS OF THE EL PASO COUNTY BOARD OF HEALTH EL PASO COUNTY, COLORADO CHAPTER 3 FEE SCHEDULE AND CIVIL PENALTIES

Approved by the Board of Health October 25, 2023

SECTION 3.1: FEES

A. Effective January 1, 2024, the following fees are adopted by the Board of Health pursuant to Subpart 3 of Part 5 of Title 25, C.R.S., and shall be charged by Public Health for services indicated:

2024 FEE SCHEDULE

Air Quality

Construction Activity Permit $165.00 per six months

Body Art

Body Art Competency Exam $90.00

Body Art Plan Review $170.00 + $53.00 per hour

Body Art Review of Potential Establishment $212.00

Body Art Establishment License $475.00

Body Art Follow-Up Inspection $253.00

Body Art Temporary Event Coordinator Fee $170.00 + $53.00 per hour

Body Art Temporary Event Vendor Fee $83.00

Child Care

Child Care Plan Review & Pre-op $135.00 + $53.00 per hour

Review of Potential Establishment $190.00

Child Care Pre-op Inspection $185.00

Child Care Follow-up Inspection $203.00

Child Care Room Change $190.00

Child Care Center Routine Inspection $366.00

School Age Routine Inspection $256.00

Pre-school Routine Inspection $291.00

Group Home Routine Inspection $269.00

Residential Camp Routine Inspection $472.00

Residential / Day Treatment Inspection $282.00

Onsite Wastewater Treatment Systems (OWTS)

OWTS New Permit* $961.00

OWTS Modification Permit $891.00

OWTS Major Repair Permit (5) $891.00

OWTS Minor Repair Permit (6) $554.00

OWTS Certified Inspector $132.00 per 2 years

OWTS O&M Specialist $132.00 per 2 years

Certificate of Non-compliance $100.00

OWTS Variance $85.00 per hour

OWTS Licensed Installer New $154.00 per 2 years

OWTS Professional Renewal $110.00 per 2 years

OWTS Verification $83.00

OWTS Property Sale Review-1st OWTS $211.50 in 2024 ($368 in 2025)

OWTS Property Sale ReviewAdditional OWTS $281.00 in 2024

OWTS Reinspection (7) $338.00

OWTS Systems Cleaner – First $232.00

OWTS Systems Cleaner – additional $99.00

OWTS Homeowner Install $327.00

OWTS Remediation Permit $171.00

OWTS Designer Fee $132.00

OWTS Permit Renewal $105.00

OWTS Alteration $236.00

OWTS Design Revision $144.00

OWTS Variance Application $149.00

Recreational Water (Commercial Pools/Spas)

Plan Review $205.00

Plan Review – Additional Body of Water $70.00

Inspections –Year-Round $131.00

Inspections – Year-Round Additional $63.00

Inspections – Seasonal Facility $131.00

Inspections – Seasonal Additional $63.00

Follow-Up Inspections $115.00

Retail Food Establishment (RFE)

Basic Food Safety Class $15.00 per person

Review of Potential Retail Food Establishment (1) $62.00 per hour, $75.00 maximum

Change of Ownership Inspection (2) $120.00

Additional Change of Ownership Inspection (2) $65.00

RFE Plan Review Application $100.00

RFE Plan Review Time $62 per hour, not to exceed $580.00

Retail Food Establishment License Per Section 25-4-1607 C.R.S.

Special Event Permit – Limited Menu $248.00 for 1 Event $340.00 for Multiple Events

Special Event Permit- Full Menu $298.00 1 Event $425.00 for Multiple Events

RFE HACCP Plan Review Written (3) $62.00 per hour $100.00 maximum

RFE HACCP Plan Review Operational (4) $62.00 per hour $100.00 maximum

RFE Other Services Requested $62.00 per hour

Administrative

Copy of Regulations $5.00 per copy

File Search $50.00 per search

Non-Sufficient Funds $30.00

Other Administrative Requested Services $30.00 per hour

* Includes one reinspection

B. Failure to pay any fee required by subpart A of this Section is an unlawful act and, except as otherwise provided by Section 2, is subject to the assessment of a civil penalty of not more than $100 per day, until the fee is paid in full.

Definitions

Retail Food Establishments:

(1)An onsite evaluation of a potential retail food establishment location.

(2)An onsite inspection of an approved retail food establishment that has undergone a change in ownership or an establishment that otherwise needs an onsite inspection prior to opening and for which changes to the facility do not meet the requirements of a plan review.

(3)A written document, based on HACCP (Hazard Analysis Critical Control Point) principles developed by the National Advisory Committee on Microbiological Criteria for Food, which formally identifies specific hazards that can adversely affect the safety of a food product and proposes control measures to maintain food safety.

(4)An observed process, based on HACCP principles developed by the National Advisory Committee on Microbiological Criteria for Food, that is conducted at an establishment, and which formally identifies specific hazards that can adversely affect the safety of a food product and provides control measures to maintain food safety.

OWTS:

(5)Repair, alteration, or addition to the soil treatment area (absorption area).

(6)Repair or replacement of any portion of the system from the structure to the soil treatment area with the exception of repair or replacement of tank baffles and collapsed lines as depicted in the as-built drawings on file at Public Health.

(7)Reinspection/Additional Inspection” is defined as an additional revisit, or inspection, of an OWTS by an EHS for purposes of ensuring compliance with installation and regulation standards or requirements. Typically, this occurs when a requested inspection of an installation was not complete, not in compliance, or has outstanding items (such as well/electrical verification) that must be verified to comply with the regulations.

Childcare:

Routine inspections are conducted every two years per licensing guidelines for an existing facility.

Pre-operational inspections are required per licensing guidelines and are conducted upon request of the owner/operator prior to opening a new facility.

Follow-up inspections are conducted at the discretion of Public Health as a follow-up to a routine or pre-operational inspection to assure follow-up and compliance with critical violations and other health hazards identified during a prior routine or pre-operational inspection.

Room change inspections are required per licensing guidelines and are conducted at the request of the facility when room changes are being made. Approved by the Board of Health October 25, 2023

Other Notes:

1. All fees are on a per-visit fee basis.

2. No fees will be assessed for complaint investigations or communicable disease investigation visits.

3. Public Health may require payment at the time of service and may send outstanding account balances to collection.

REGULATIONS OF THE EL PASO COUNTY BOARD OF HEALTH EL PASO COUNTY, COLORADO CHAPTER 4 ADMINISTRATIVE HEARING PROCEDURE

5/23/2012

SECTION 4.1: PURPOSE AND APPLICABILITY

A. Pursuant to the authority vested in El Paso County Public Health (Public Health) in Section 25-1-508, C.R.S., any administrative action taken by the Board of Health or El Paso County Public Health that requires an administrative hearing or process shall be reviewed and determined using this Administrative Hearing Procedure, unless otherwise provided by law or direction of the Board of Health.

B. This procedure shall not apply to legislative hearings or processes involving adoption of rules or regulations by the Board of Health.

C. In any case wherein a specific statute or regulation requires different time periods, procedures, processes, or authorities than provided for herein, the specific requirements of such statutes or regulations shall be followed.

D. This procedure shall not apply to personnel matters.

SECTION 4.2: DEFINITIONS

As used herein, unless the context dictates otherwise, the following definitions shall apply: A. ADMINISTRATIVE ACTION: Any official act by the Board of Health or Pubic Health to carry out properly assigned governmental powers and duties including, without limitation, license or permit approvals, denials, conditions, suspensions, revocations, imposition of penalties or fines, issuance of cease and desist orders, and any other similar administrative actions.

B. AGGRIEVED: Having suffered actual loss or injury or being exposed to potential loss or injury to legitimate interests including, but not limited to, business, economic, aesthetic, governmental, recreational, or conservational interests.

C. APPLICANT: Any person who is aggrieved by an administrative action of Public Health including any person whose license or permit is proposed to be suspended, revoked, modified, conditioned, or otherwise adversely affected by administrative action by Public Health, or against whom a penalty or fine is proposed or has been imposed, and who is allowed, or required, by law to have an administrative hearing.

D. EXECUTIVE DIRECTOR: The Public Health Executive Director appointed by the Board of Health as administrative and executive head of Public Health pursuant to Section 25-1-505, C.R.S.

E. PERSON: All natural persons, corporations, businesses, partnerships, associations, governments, enterprises, and all other legal entities.

SECTION 4.3: INFORMAL REVIEW

An applicant who wishes to grieve an administrative action by Public Health may request an informal review by the appropriate manager in the subject area under dispute. Public Health managers are encouraged to resolve the grievance in any reasonable, practicable manner in accordance with applicable statutes, regulations and policies. Any person involved with a dispute shall have the right to review pertinent records, policies and regulations.

SECTION 4.4: BOARD OF HEALTH PROCEDURE

The following procedure shall be followed with respect to administrative hearings required to be determined by the Board of Health:

A. In any administrative hearing required by law or directed by the President of the Board of Health, or by majority vote of the Board of Health, to be conducted before the Board of Health, the Board of Health shall conduct the hearing in the same manner, to the extent practicable, as provided for herein. In such cases, the President of the Board of Health shall preside at the hearing, and the Board of Health, acting as a whole, shall render its determination by majority vote. Any applicant shall have the right to request an administrative hearing before the Board of Health in matters in which the Board of Health is required by law to make the final determination. The President of the Board of Health shall determine whether the Board of Health, acting as a whole, shall hear the matter or whether the matter will be heard by a Hearing Officer as provided below, unless otherwise decided by majority vote of the Board of Health.

B. For all administrative actions required by law to be determined by the Board of Health, unless heard directly by the Board of Health as provided above, the Executive Director is hereby designated as Hearing Officer to conduct the administrative review. The Executive Director is authorized to appoint a designee as provided in Section 4.9:B., below. The Hearing Officer shall conduct a hearing as provided for herein, and within ten (10) working days after conclusion of the hearing, shall render written findings of fact and a proposed determination to the Board of Health. Thereafter, at its first regular or special meeting, or as soon as practicable thereafter, the Board of Health shall accept, reject or modify the proposed determination. The applicant shall be notified in writing of the Board of Health’s determination, which is then final for purposes of the administrative review process.

C. In matters pertaining to enforcement of the Colorado Food Protection Act pursuant to Sections 25-4-1604 and 25-4-1611, C.R.S., Public Health is authorized to grant or refuse licenses, suspend or revoke licenses, hear and determine all complaints against licensees, enforce the Colorado Food Protection Act and rules promulgated there under, review and approve hazard analysis critical control point plans, conduct inspections, provide written notifications of violations, provide reasonable times to comply, and assess civil penalties in accordance with a schedule of civil penalties promulgated by the Board of Health. Any person aggrieved by such administrative action shall have the right to appeal such action within five (5) working days in accordance with this procedure.

SECTION 4.5: PUBLIC HEALTH PROCEDURE

The following procedure shall be followed with respect to administrative hearings required to be determined by Public Health, and in matters in which a Hearing Officer is appointed by the Board of Health.

SECTION 4.6: STANDARD OF REVIEW

The Hearing Officer conducting a hearing pursuant to this procedure shall determine if the aggrieved administrative action was consistent with the controlling statutes, regulations, rules, and policies applicable to the action. The Hearing Officer shall not have authority to assign or develop other controlling rules or policies; or, to fail to enforce or to ignore controlling statutes, regulations, rules, and policies. In administrative actions for the purpose of suspending, revoking, modifying, conditioning, or otherwise adversely affecting an applicant’s license or permit, or hearings to impose a penalty or fine, or hearings related to issuance of a cease and desist order, the Hearing Officer shall make his/her determination based on the applicable standards at issue concerning said license, permit or system, as provided by law.

SECTION 4.7: AUTHORITY

The Hearing Officer shall affirm the administrative action taken by Public Health if he/she determines that such action taken was consistent with the controlling statutes, regulations, rules, and policies pertinent to the action. If the Hearing Officer determines that such administrative action was not consistent with controlling statutes, regulations, rules, or policies, the Hearing Officer has authority to modify, reverse, adjust, reform, or otherwise order changes to the administrative action such that it conforms to the controlling statutes, regulations, rules, and policies. In administrative actions for the purpose of suspending, revoking, modifying, conditioning, or otherwise adversely affecting an applicant’s license or permit, or for imposing a penalty or fine, or for the purpose of issuance of a cease and desist order, the Hearing Officer shall have authority to deny, revoke, suspend, modify, condition, or otherwise enter orders, including imposition of penalties, fines, and cease and desist orders, concerning said license, permit or system, as provided by law. The Hearing Officer shall impose penalties in accordance with the penalty guidance in Chapter 3 of the Board of Health Regulations.

SECTION 4.8: RESPONSIBILITY

Except as otherwise specifically provided by statute or regulation, Public Health has the responsibility to establish what controlling statutes, regulations, rules, and policies apply to the action aggrieved, and to establish that the administrative action taken was consistent with them. In actions to deny, revoke, suspend, modify, condition, or otherwise adversely affect an applicant’s license or permit, or to impose a penalty or fine, or for issuance of a cease and desist order, Public Health has the responsibility to establish sufficient facts as determined by the Hearing Officer to justify the proposed action.

SECTION 4.9: HEARING PROCESS

The following hearing process shall be followed for an applicant aggrieved by an administrative action that provides for an administrative hearing, and in actions by Public Health to deny, revoke, suspend, modify, condition, or otherwise adversely affect an applicant’s license or permit, or to impose a penalty or fine, or to issue a cease and desist order, the hearing process shall be as follows, unless otherwise specifically provided for by statute or regulation:

A. The applicant shall file a written request for a hearing to review said action within five (5) working days of the action aggrieved, except that a request for review of the denial of an onsite wastewater system permit shall be made within sixty (60) days of such denial. The written request shall be addressed to the Executive Director, El Paso County Public Health, 1675 W. Garden of the Gods Road, Suite 2044, Colorado Springs, Colorado 80907, and shall be delivered by first class U.S. mail, or personally served. The written request must identify, with as much particularity as possible, the administrative action being aggrieved and the basis for the grievance. For proposed actions relating to denial, revocation, suspension, modification, conditioning, or otherwise adversely affecting an applicant’s license or permit, or for the purpose of issuance of a cease and desist order, Public Health shall notify the applicant in accordance with the applicable statute or regulation.

B. The Executive Director may act as Hearing Officer to conduct the administrative review, or the Executive Director may appoint an employee or any other person who has had no previous involvement with the administrative action, and who is not supervised or a supervisor in the program area that is involved in the administrative action, to be the Hearing Officer.

C. Within five (5) working days of receipt of an applicant’s request, the Hearing Officer shall establish a time, date and place for the hearing, and shall, thereafter, notify the applicant and EPCDHE a minimum of thirty (30) days prior to the hearing. The notice shall also advise the applicant of the nature of the hearing, the legal authority and jurisdiction under which it is held, and the matters of fact and law asserted. Notice shall be sent by first class U.S. mail, or personally served, unless otherwise required to be served by certified mail or in some other manner as provided by law. Upon agreement of both the applicant and Public Health, the time periods provided for herein may be waived.

D. The applicant may respond to said notice in writing, or by personal appearance, or both, or otherwise as provided by law.

E. The hearing shall generally be conducted as follows:

1. Introductory statement by the Hearing Officer giving the date, time, place, and purpose for the hearing.

2. Participants shall identify themselves orally for the record, and write their names and positions or affiliations on a form provided by the Hearing Officer.

3. Public Health shall present its case to support the administrative action proposed, or taken, including written documentation and witnesses.

4. Applicant shall be given the opportunity to cross-examine Public Health witnesses.

5. Applicant shall be given the opportunity to present his/her case grieving the administrative action, including presentation of written documentation and witnesses.

6. Public Health shall be given the opportunity to cross-examine the applicant and any of the applicant’s witnesses.

7. Summary statement by Public Health.

8. Summary statement by applicant.

9. Hearing Officer shall advise the participants of the manner and date upon which a determination will be rendered.

F. The Hearing Officer has the authority to establish specific procedures governing the conduct of the hearing in order to afford due process and a fair hearing. The Hearing Officer shall have authority to sign and issue subpoenas to compel attendance; administer oaths and affirmations; rule upon offers of proof and receive evidence; rule on motions of all types; relating to discovery and production of relevant documents and other evidence for inspection, copying, or photographing; regulate the course of the hearing; set the time and place for continued hearings; fix the time for filing of briefs and other documents; direct the parties to appear and confer to consider simplification of issues, admissions of fact, or of documents to avoid unnecessary proof; limit the number of expert witnesses; issue appropriate orders to control the course of the proceeding; reprimand or exclude from the hearing any person for improper or indecorous conduct; and, otherwise take such action as is appropriate and necessary to conduct a fair, impartial hearing. In no event is the Hearing Officer authorized to award monetary damages, costs or attorney’s fees.

G. The hearing shall be tape recorded, recorded by any combination of audio and/or video devices, or recorded in any other manner that preserves the entire proceeding. A transcript of the hearing taken from the tape recording or other transcript will be the official record of the hearing for purposes of judicial review. A copy of the tape recording, transcript, or video, whichever is applicable, will be provided to the applicant upon payment of the cost of reproduction. Public Health may require a deposit of estimated reproduction costs in advance.

H. During the hearing, Public Health and the applicant both have the right to make a presentation and to provide written documentation, as well as to call witnesses relevant to the administrative action. The applicant has the right to require the presence of Public Health employees who are reasonably necessary to support the applicant’s position or to give testimony. The hearing may be postponed, or may be recessed and reconvened, as deemed necessary by the Hearing Officer in order for appropriate witnesses or documentation to be made available. Documentation and other exhibits offered as evidence during the hearing will be marked for identification, and the Hearing Officer shall rule on admissibility of all such documentation and other exhibits.

I. The applicant may be represented by an attorney or other advocate at the hearing. If the applicant is represented by an attorney, Public Health shall also have the right to be represented by an attorney. The Hearing Officer may consult the legal counsel for the Board of Health, or other legal counsel as appropriate, at any time concerning legal questions prior to, during and after the hearing. Legal counsel for the Hearing Officer shall not be the same attorney who represents Public Health at the hearing.

J. At the conclusion of the hearing, the Hearing Officer shall inform the parties when, and in what manner the written findings of fact and determination will be communicated. The Hearing Officer shall render the written findings of fact and determination within ten (10) days following the hearing. The written findings of fact and determination may be sent by first class U.S. mail, personally served, or otherwise communicated as determined appropriate by agreement of the parties. If the Hearing Officer determines that the administrative action was consistent with controlling statutes, regulations, rules, and policies, or if the Hearing Officer orders an action adverse to the applicant’s license or permit, the applicant will be advised that the Hearing Officer’s determination is final for purposes of the administrative review process.

K. After conclusion of the hearing and final determination of the Hearing Officer, all tape recordings, transcripts, documents, and other exhibits presented and/or accepted into evidence during the hearing shall be given to the Secretary of the Board of Health for filing and retention.

REGULATIONS OF THE EL PASO COUNTY BOARD OF HEALTH EL PASO COUNTY, COLORADO

CHAPTER 5 AIR QUALITY REGULATIONS

5/23/2012

SECTION 5.1: PURPOSE AND APPLICABILITY

These regulations are established to protect public health by reducing the release of fugitive particulate emissions from certain activities into ambient air. Unless otherwise established by these regulations, the application, operation, and enforcement of these regulations by El Paso County Public Health shall be in compliance with regulatory standards established by the Colorado Air Quality Control Commission.

SECTION 5.2: DEFINITIONS

Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter the most reasonable application.

A. AIR POLLUTANT: Any fume, smoke, particulate matter, vapor, gas, or combination thereof which is emitted into or otherwise enters the atmosphere (ambient air); including but not limited to any physical, chemical, biological, radioactive (including source material, special nuclear material, and by-product materials) substance or material. This does not include water vapor or steam condensate.

B. AGRICULTURAL OPEN BURNING: The open burning of cover vegetation for the purpose of preparing the soil for crop production, weed control along fence rows or other boundaries, maintenance of water conveyance structures related to agricultural operations, or other agricultural cultivation purposes.

C. AMBIENT AIR: That portion of the atmosphere, external to the source, to which the general public has access.

D. BOARD OF HEALTH: The El Paso County Board of Health.

E. BONFIRE: A large open fire primarily used for recreation and ceremonial purposes.

F. CAMPFIRE: A small open fire primarily used for recreation purposes and cooking food.

G. CONSTRUCTION ACTIVITY: Includes, but not limited to excavations, grading, and overlotting by mechanical processes which may result in particulate matter being released into the ambient air.

H. EL PASO COUNTY PUBLIC HEALTH: The public health agency for El Paso County Colorado, under authority of the El Paso County Board of Health.

I. EMISSION: The discharge or release into the ambient air of one or more air pollutants.

J. FUGITIVE PARTICULATES: Solid air borne particulate matter emitted from any source other than an opening which channels the flow of air pollutants directly into the atmosphere (ambient air) by natural forces or by mechanical processes such as crushing, grinding, milling, drilling, demolishing, shoveling, conveying, covering, bagging, or sweeping.

K. NFPA Standard 1403: A standard of the National Fire Protection Association, titled “Live Fire Training Evolutions”, which specifies minimum requirements for training fire suppression personnel engaged in firefighting operations under live fire conditions.

L. NUISANCE: A condition that causes unreasonable interference with another person’s use and enjoyment of his property, which is “substantial” in its nature as measured by a standard that would be of definite offensiveness, inconvenience, or annoyance to a normal person in the community.

M. OPACITY: The degree to which an air pollutant obscures the view of an observer, expressed in percent; the degree to which transmittance of light is reduced by the air pollutant.

N. OPEN BURNING: Burning any material or substance in the ambient air or in a receptacle other than a properly designed furnace such as an incinerator or other equipment connected to a stack or chimney. Cutting and welding torches are exempted.

O. OVERLOTTING: Earthmoving activity used in land development prior to the construction of structures.

P. PARTICULATE MATTER: Any material, except uncombined water, that exists in finely divided form as a liquid or solid.

Q. PERSON: Any individual, public or private corporation, partnership, association, firm, trust, estate, the State or any department, institution, or agency thereof, any municipal corporation, County, City and County, or other political subdivision of the State, federal government, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

R. PILE BURNING: Burning of vegetative material that has been concentrated by manual or mechanical methods.

S. PRESCRIBED BURN: Fire that is intentionally used for grassland or pest management, including vegetative, habitat or fuel management, regardless of whether the fire is ignited by natural or human means. Prescribed fire does not include open burning in the course of agricultural operations and does not include open burning for the purpose of maintaining water conveyance structures.

T. PROPERTY OWNER, OWNER, OR OCCUPANT: Any person who owns, leases, operates, or supervises any construction, wrecking, or open burning activity.

U. SLASH PILES: The accumulation of tree limbs, tree tops, and miscellaneous natural vegetation residue left by forest management activities, such as thinning, pruning, and timber harvesting and clearing.

V. THINNING: The selective removal of trees and shrubs based on a management prescription as determined by a professional forester or someone with fuel mitigation expertise.

W. TRAINING FIRE: An El Paso County Public Health approved fire conducted by a fire department or military operation used for educating/preparing personnel for skills and duties necessary to support their mission(s).

X. WILDFIRE MITIGATION: The actions taken to reduce the occurrence of or reduce the damage from wildfire.

Y. WRECKING: The destruction or dismantling of an entire structure by means of mechanical equipment such as bulldozers, front-end loaders, or cranes, with the loading of debris primarily by mechanical equipment.

SECTION 5.3: EMISSION LIMITATION STANDARDS

A. No person shall conduct wrecking, construction, or open burning activities, which will cause emissions in excess of 20% opacity, as specified by Appendix A of 5 CCR 1001-3, Air Quality Control Commission, Regulation No. 1, Emission Control for Particulate Matter, Smoke, Carbon Monoxide, and Sulfur Oxides.

B. No person shall conduct construction, or wrecking activities on any property, which will allow off-property transport of visible emissions as measured by the methods specified by Appendix B of 5 CCR 1001-3, Air Quality Control Commission, Regulation No. 1, Emission Control for Particulate Matter, Smoke, Carbon Monoxide, and Sulfur Oxides,.

C. No person shall conduct any construction, wrecking, or open burning activity, which will constitute a nuisance as determined by the standards set forth in Appendix A of 5 CCR 1001-3, Air Quality Control Commission, Regulation No. 1, Emission Control for Particulate Matter, Smoke, Carbon Monoxide, and Sulfur Oxides.

SECTION 5.4: EMISSION CONTROL PLANS

A. An approved emission control plan shall become a condition of any Permit issued under Chapter 5.

B. An emission control plan shall include abatement and preventive measures designed to achieve compliance with Section 5.3 of this Chapter.

C. Emission control plans are subject to approval by El Paso County Public Health, which shall have authority to modify the abatement and preventive measures to be applied, including the frequency, duration, and method of application.

D. An approved emission control plan shall effectively control fugitive particulate matter at all times, including weekends, holidays, and when construction activities are suspended.

E. A property owner who is required to submit an emission control plan may request a conference with El Paso County Public Health to discuss the types of control measures and/or operating procedures that are likely to achieve compliance with the requirements of this Section.

F. Permits for wrecking are issued by the Pikes Peak Regional Building Department and an emission control plan is not required; however, property owners conducting wrecking activities are required to comply with section 5.3.

SECTION 5.5: GENERAL REQUIREMENTS

A. Any property owner who conducts construction, wrecking or open burning activities that will or may create a source of fugitive particulates is subject to the requirements of this Chapter.

B. The Board of Health may establish reasonable permit fees, and any requested modification to a permit issued by El Paso County Public Health is subject to applicable fee(s) as approved by the Board of Health.

C. Any permit issued by El Paso County Public Health pursuant to the requirements of Chapter 5 is conditional upon the permit holder maintaining compliance with these regulations and all state laws and regulations regarding air quality and air pollution control.

D. Permits issued by El Paso County Public Health pursuant to the requirements of Chapter 5 are for compliance with air pollution requirements only, and do not constitute approval to violate other laws, rules, regulations or ordinances.

E. Permit applicants are responsible for obtaining any additional permits and/or clearances, which may be required by law, from any appropriate fire control office, local agency, or other official.

SECTION 5.6: CONSTRUCTION ACTIVITY PERMITS

A. Any property owner engaged in overlotting, excavating, grading, filling, or other construction activities equal to or greater than one (1) acre is required to comply with the requirements of Sections 5.3, 5.4, and 5.5, and shall obtain a Construction Activity Permit from El Paso County Public Health.

1. Application for the Construction Activity Permit shall be made to El Paso County Public Health when:

a. Construction activities will not exceed six (6) months in duration, and;

b. Land development is equal to or greater than one (1) acre, but less than twenty-five (25) acres.

2. Application for the Construction Activity Permit shall be made to the Colorado Department of Public Health and Environment, Air Pollution Control Division when:

a. Construction activities may exceed six (6) months in duration, and/or;

b. Land development is equal to or greater than twenty-five (25) acres.

B. Control measures and operating procedures required for Construction Activity Permits issued by El Paso County Public Health may include, but are not limited to:

1. chemical stabilization,

2. compacting,

3. furrows,

4. minimizing disturbed area,

5. on-site vehicle speed control,

6. project phasing,

7. vegetative cover,

8. synthetic cover,

9. straw-crimping,

10. watering,

11. wind breaks,

12. Solid wood fencing adjacent to developed areas.

SECTION 5.7: OPEN BURNING ACTIVITY PERMITS

A. Except as provided by Part.F. of this section, no person may burn any flammable material on any open premises or on any public street, alley, or other land adjacent to such premises, unless the requirements of Sections 5.3, 5.4, and 5.5 are met, and an Open Burning Activity Permit is obtained from El Paso County Public Health.

B. Open Burning Activity Permits will not be issued, and previously issued permits shall not be valid:

1. During high pollution events as identified by the Colorado Department of Health and Environment, Air Pollution Control Division;

2. When open burning is banned by the El Paso County Fire Marshal;

3. For the purpose of disposing of trash, garbage, treated wood, construction material, demolition debris, or any substance which, if ignited, may release toxic materials;

4. Without approval of the local fire authority having jurisdiction.

C. Prior to approval, Open Burning Activity Permit applications may be subject to a site evaluation to assess public health impacts. Open Burning Activity Permits will be issued for the specific time period identified in the application and shall not exceed a six (6) month period.

D. The permit holder shall notify El Paso County Public Health of each day that a proposed burn will take place. For weekend or holiday burns, notification shall be provided on the preceding business day prior to 12:00pm. El Paso County Public Health may prohibit open burning based on air quality concerns, including the existent air quality levels, weather conditions, and weather forecast. In no event will permission to burn be granted more than three days prior to a proposed burn.

E. Prior to a proposed burn, the permit holder shall also notify:

1. Adjacent landowners, including those separated by a road or right of way, and;

2. The local fire authority having jurisdiction.

F. The burning of trees, shrubs, or other plant materials suspected of disease or pest infestation, may require approval from the El Paso County Community Services Department, Environmental Division. F. The following are exempt from the requirements of this section:

1. training fires conducted according to NFPA Standard 1403, under the authority of an organized fire department or other fire protection agency.

2. Prescribed burns permitted by the Air Quality Control Division of the Colorado Department of Public Health and Environment, and conducted in accordance with 5 CCR 1001-11Regulation Number 9, Open Burning, Prescribed Fire and Permitting.

3. Fires used for non-commercial cooking of food for human consumption;

4. Emergency flares used to indicate danger;

5. The use of cutting torches, welding devices and any other device used to heat, shape, cut, and repair metals.

6. Recreational fires, including bonfires and campfires that do not utilize materials prohibited by Part B.3 of this Section;

7. Agricultural open burning.

SECTION 5.8: ENFORCEMENT

A. Authorized representatives of El Paso County Public Health may enter upon private property at reasonable times and upon reasonable notice for the purpose of determining compliance with the Colorado Air Pollution Prevention and Control Act and regulations adopted pursuant thereto, including these regulations, and for the purpose of evaluating compliance with the terms and conditions of any permit issued.

B. The owner or occupant of every property having a source of air pollution emissions shall allow El Paso County Public Health access to such property to conduct required tests, take samples, monitor compliance, and make inspections. If consent to allow El Paso County Public Health access to the property is not granted, the holder of any permit which may have been issued for the property is in noncompliance of the permit requirements, and regardless of permit status, a search may be made pursuant to a search warrant issued by a court of competent jurisdiction.

C. If El Paso County Public Health has inspected a property and determined that the property owner is in violation of these regulations, or has reasonable grounds to believe that the property owner is in violation of these regulations, El Paso County Public Health shall issue an appropriate notice and order to the property owner.

D. A notice and order issued by El Paso County Public Health shall:

1. Describe the property where the violation has occurred, and the owner or owners of the property;

2. Identify the violations(s) according to one or more sections of these regulations;

3. Identify the requirement(s) to achieve compliance with these regulations;

4. Set a reasonable time period for the property owner or owners to achieve compliance;

5. Describe the procedure to appeal the notice and order in accordance with Chapter 4, Administrative Hearing and Procedure, of the Regulations of the El Paso County Board of Health.

E. El Paso County Public Health shall serve a notice and order by first class or certified mail to the last known address of the property owner. Other methods of service, including but not limited to personal service, may be substituted if reasonably calculated to give actual notice to the owner of the property.

F. Within five (5) working days after a property owner has received a notice and order, he may request in writing an administrative hearing in accordance with the provisions of the El Paso County Board of Health Administrative Hearing Regulations. If El Paso County Public Health does not receive the written request for an administrative hearing within the five (5) working days, the notice and order is final and may not be appealed to any administrative entity or court.

G. Any owner conducting any activity, operations, or condition in violation of these regulations, who after being ordered to abate, correct, or discontinue such activity, operation, or condition, continues is violation of the order may be prosecuted pursuant to the provisions of Section 16-13-305(1)(f), C.R.S., as a Class 3 public nuisance, or otherwise as provided by law.

H. Any permit may be revoked if El Paso County Public Health has determined, or has reasonable grounds to believe, that the permit holder has violated the terms of the permit. A new permit may only be issued after the applicant has complied with any notice and order issued by El Paso County Public Health, and a detailed compliance plan has been submitted to El Paso County Public Health. The compliance plan must address the issues that led to revocation of the permit, and shall be approved by El Paso County Public Health before a new permit may be issued.

I. Any owner conducting any activity or allowing any condition in violation of these regulations, which after being ordered abated, corrected, or discontinued by a lawful order of El Paso County Public Health, continues in violation of the order shall be assessed a civil penalty of not more than ten thousand dollars ($10,000).

J. Each day any violation of these regulations is committed or permitted to continue shall constitute a separate violation.

K. El Paso County Public Health may file suit, or request criminal prosecution through the Office of the District Attorney, or otherwise as provided by law, for injunctive relief, imposition of civil or criminal sanctions, collection of fees and such other relief as is provided by law to correct any condition that exists in violation of these regulations.

L. In addition to any penalties imposed by a court of competent jurisdiction, any owner violating a provision of these regulations shall be liable for all expenses incurred by El Paso County Public Health in removing or abating any nuisance condition caused by the violation, including administrative fees that the Board of Health may adopt.

M. In the event that any owner fails to obtain a required permit as proved herein, or to comply with any lawful order of El Paso County Public Health or the El Paso County Board of Health, or to comply with any provision of this Chapter, El Paso County Public Health or the El Paso County Board of Health may bring suit for an injunction to prevent any further or continued violation of such order or provision.

N. A copy of all enforcement orders, administrative or judicial, and all permits shall, at the time of issuance or granting, be transmitted to the Colorado Air Pollution Control Division, if requested by the Division.

SECTION 5.9: JUDICIAL REVIEW

Any final order or determination by the Board of Health, or by El Paso County Public Health, shall be subject to judicial review in the manner and to the extent provided by Article 4 of Title 24, C.R.S. A petition for review shall be filed within thirty (30) days after the final action has been taken. Such final order may be stayed pending the decision of the Court.

SECTION 5.10: VARIANCES

Variances may be granted by El Paso County Public Health from any permit requirements contained herein if the applicant demonstrates by sufficient evidence that such a variance will not significantly adversely affect the public health.

REGULATIONS OF THE EL PASO COUNTY BOARD OF HEALTH EL PASO COUNTY, COLORADO CHAPTER 6 BODY ART REGULATIONS SECTION

October 28, 2020

6.1: PURPOSE

Section 25-4-2101, C.R.S., provides that a local board of health may adopt and enforce resolutions or rules that impose standards for body art that are at least as stringent as the standards imposed by rules adopted by the Colorado Department of Public Health and Environment. Therefore, the El Paso County Board of Health hereby adopts these Regulations for the purpose of establishing the safe and sanitary practice of body art in El Paso County, including the physical environment where body art is performed and the equipment used in body art procedures.

SECTION 6.2: DEFINITIONS

A. AFTERCARE INSTRUCTIONS: Written and verbal instructions given to the client, specific to the body art procedure(s) rendered. These instructions shall include information regarding when to seek medical treatment, if necessary.

B. ANTISEPTIC: A substance that inhibits growth of bacteria and other microorganisms when applied to the skin (e.g., chlorhexadine gluconate, alcohol, iodophor).

C. BLOODBORNE PATHOGENS: Infectious viruses including hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV).

D. BOARD OF HEALTH: The El Paso County Board of Health.

E. BODY ART: The practice of physical body adornment utilizing, but not limited to, the procedures of body piercing, tattooing, branding, sculpting and scarification. This definition does not include practices conducted by or under the supervision of a physician licensed to practice medicine or dentistry under Colorado law, or piercing of the outer perimeter or lobe of the ear by means of pre-sterilized stud-and-clasp ear piercing systems.

F. BODY ART ESTABLISHMENT: Any location, whether temporary, permanent, or mobile, where the practices of body art are performed.

G. BODY ART PRACTITIONER: Any person who performs body art procedures.

H. BRANDING: A procedure in which a permanent mark is burned into or onto the skin using either temperature, mechanical or chemical means.

I. COMMERCIALLY STERILIZED INSTRUMENTS: instruments used in body art procedures that are pre-sterilized by the manufacturer, and in packaging that bears a label with a legible sterilization lot number, expiration date and a sterilization verification indicator.

J. CONTAMINATED: The presence or reasonably anticipated presence of blood, infectious materials or other types of impure materials that have corrupted a surface or item through contact.

K. CONTAMINATION: To make unfit for use by the introduction or potential introduction of blood, infectious materials or other types of impure materials.

L. DISINFECTANT: An EPA registered hospital grade disinfectant labeled as effective against, human immunodeficiency virus (HIV) and hepatitis B virus (HBV) when used Approved by the Board of Health October 28, 2020 in accordance with manufacturer’s instructions; or a 1:32 dilution of 8.25% sodium hypochlorite (chlorine bleach) and water, made fresh daily and dispensed from an appropriately labeled spray bottle.

M. DISINFECTION: A process that eliminates many or all pathogenic microorganisms, except bacterial spores on inanimate objects or surfaces.

N. EVENT COORDINATOR: The person responsible for obtaining a Health Department license for a temporary body art event, and the person responsible for ensuring compliance with these regulations at temporary events.

O. EPCPH: El Paso County Public Health.

P. EXTENSIVE REMODEL: Any major alteration of the existing premises of a body art establishment that results in one or more of the following:

1. Addition or conversion of a body art procedure station or any area used to clean, sterilize or store body art equipment, tools and supplies;

2. Changes or alterations that result in a reduction or increase of total establishment space by 25% or more.

Q. GLOVES: gloves used in body art procedures which are designed to be single use, never re-used, and are labeled for surgical or examination purposes. Gloves for instrument cleaning are those which are durable, multi-use and waterproof.

R. INFECTIOUS WASTE or REGULATED WASTE: Blood or other potentially infectious materials; items contaminated with blood or other potentially infectious materials; contaminated sharps; and, human pathological/anatomical waste.

S. INVASIVE: Involving entry through the skin or mucosa either by incision or insertion of an instrument, body ornament, or by other means.

T. JEWELRY: Any ornament inserted into the body.

U. MINOR CLIENT: Any client under the age of eighteen (18) years.

V. MOBILE UNIT: An enclosed unit on wheels that is readily moveable, and which may only be used for the performance of body art procedures.

W. NEEDLE: (NEEDLE APPARATUS) An instrument and its permanently assembled components that is used to puncture the skin with the intent to create an opening for the insertion of jewelry or pigment.

X. OPERATOR: Any person or business entity who owns a body art establishment, and is responsible for compliance with these Regulations.

Y. PERSON IN CHARGE: The operator, manager, or individual present at a body art establishment who is responsible for the operation at the time of the inspection. If no identified individual is responsible, then any employed person present is considered the person in charge. If multiple body artist practitioners share operation of the establishment, any or all shall be considered a person in charge and shall be accountable for all requirements of these Regulations with regard to common areas and practices, as well as the individual’s own separate areas and practices.

Z. PIERCING: Puncturing or penetration of the skin or mucosa of a person and the insertion of jewelry, or other adornment in the opening, including performances involving suspension.

AA. PRE-OPENING INSPECTION: An inspection for the purpose of determining whether or not a body art establishment is in compliance with the Board of Health Body Art Regulations.

BB. PROCEDURE AREA: Any surface of an inanimate object that contacts the client’s skin during a body art procedure and all surfaces on which instruments and supplies are placed during a body art procedure.

CC. SCARIFICATION: An invasive procedure in which the intended result is the production of scar tissue in the skin.

DD. SCULPTING: Modification of the skin, mucosa, cartilage, or tissue of the body for nonmedical purposes.

EE. SHARPS: All objects that may purposely or accidentally cut or puncture the skin or mucosa including, but not limited to single use needles, scalpel blades and razor blades.

FF. SHARPS CONTAINER: A puncture-resistant, leak-proof, rigid container that can be closed for handling, storage, transportation and disposal and that is labeled with the Universal Biological Hazard Symbol.

GG. SINGLE-USE: A disposable item that is intended and designed be used one time and on one client.

HH. STANDARD PRECAUTIONS: A set of infection prevention practices that are intended to prevent transmission of infectious agents, and are based on the principle that all blood, body fluids secretions, excretions except sweat, nonintact skin and mucous membranes may contain transmissible infectious agents. Standard Precautions are practices that apply to all clients of a body art establishment, regardless of suspected or confirmed infection status, in a body art establishment.

II. STERILIZATION: A process that destroys or eliminates all forms of microbial life, including bacterial spores.

JJ. STERILIZER: An autoclave that utilizes steam as the method of sterilization and which has been designed and classified by the manufacturer as a class 2 medical instrument sterilizer and used for the destruction of microorganisms and their spores.

KK. SUSPENSION: Performance body art which utilizes multiple hooks or similar implements to pierce skin for the purpose of hanging a person in mid-air using a framework and cables. Piercing implements are temporary and are inserted just prior to suspension and removed shortly thereafter.

LL. TATTOOING: The insertion of pigment under the surface of the skin or mucosa by puncture with a needle, or any other means to permanently change the color or appearance of the skin or to produce an indelible mark or figure through the skin.

MM. TEMPORARY EVENT: A body art trade show, convention, procedure or product demonstration, educational seminar or other similar event that does not exceed seven (7) consecutive days, at which body art practitioners perform body art outside of a permanent body art establishment location.

NN. ULTRASONIC CLEANER: A unit designed and labeled by the manufacturer as a medical device used to dislodge organic and inorganic material by means of high frequency sound wave oscillations transmitted through the contained unit.

SECTION 6.3: LICENSING OF BODY ART ESTABLISHMENTS

A. General Provisions

1. All body art establishments must have a valid license issued by EPCPH.

2. Body art establishment licenses are valid for a calendar year, from January 1 to December 31 of the year of issuance, regardless of the date of issuance. License fees shall not be pro-rated.

3. Body art establishment licenses shall be posted in a conspicuous location on the premises of the body art establishment.

4. Body art establishment licenses are valid only for the location and ownership originally approved. A change of location or ownership requires application for a new license.

B. New Licenses

1. Any person intending to own or operate a body art establishment that has not been previously licensed or that has an expired license must submit a new license application, supporting documentation such as construction plans, and all applicable fees to EPCPH before commencing construction or allowing any body art procedures to be performed.

2. Upon receipt of a completed application, supporting documentation and all applicable fees, EPCPH shall conduct a plan review and a pre-operational inspection.

3. A new license shall be issued upon a finding that the body art establishment complies with these Regulations.

C. Renewals

1. Applications for renewal of a body art establishment license and the applicable fee must be received no later than December 31 of the current license year.

2. Body art establishments that have not submitted a renewal application and all applicable fees by December 31 of the current license year must immediately suspend operation of the body art establishment upon expiration of the license and apply for and receive a new license in order to resume operation.

3. Body art establishments that have submitted a renewal application and all applicable fees by December 31 of the current license year may continue to operate until EPCPH has acted upon such application.

D. Extensive Remodels

1. A body art establishment wishing to conduct an extensive remodel of its premises, as defined in these regulations, must submit a plan review application, supporting documentation and all appropriate fees to EPCPH before commencing construction.

2. Upon receipt of a completed application, supporting documentation and all appropriate fees, EPCPH shall conduct a plan review and shall approve such application upon a finding that the extensive remodel complies with these Regulations.

SECTION 6.4: MINIMUM REQUIREMENTS FOR BODY ART PRACTITIONERS

A. Only body art practitioners who meet the following requirements may practice or provide body art procedures in El Paso County.

1. Successful completion of an OSHA-approved blood borne pathogen course. EPCPH may conduct such training in a classroom setting as it deems necessary.

2. Demonstration of adequate knowledge of these Regulations by achieving a score of at least 80% on a written examination administered by EPCPH.

3. Successful completion of American Red Cross Certification in Basic First Aid. First aid training provided by other organizations equivalent to that of the American Red Cross may be approved by EPCPH on an individual basis.

4. Vaccination against hepatitis B virus (HBV) or provision of a written, signed statement to the manager or owner of the body art establishment stating that vaccination is declined due to personal or religious beliefs.

B. Notwithstanding the foregoing, body art practitioners who have completed infectious disease control training within the two years preceding adoption of these Regulations may defer compliance with paragraphs A.2 and A.3 above until such time as they must retake such infectious disease control training pursuant to paragraph C below.

C. Body art practitioners must complete the requirements set forth in paragraphs A.1 through A.3 above at least every two years. If more than two years lapse since the time of completion of any one of those three requirements, the body art practitioner may not perform body art procedures until all requirements are current.

D. Body art practitioners shall be responsible for any fee charged by EPCPH for training required in paragraph A.1 above or administration of the written examination required in paragraph A.3 above.

SECTION 6.5: GENERAL REQUIREMENTS FOR BODY ART ESTABLISHMENTS

A. Only body art practitioners meeting the requirements of Section 6.4 of these Regulations shall be permitted to perform body art procedures.

B. A person in charge shall be present at all times a body art establishment is open for business.

C. The following information shall be maintained on the premises, according to the time frame specified, for review by EPCPH:

1. Contract or agreement for sharps disposal and/or other infectious/regulated waste disposal (past 5 years).

2. Spore test log and test results (past 3 years).

3. Client records and consent forms (past 3 years).

4. Manufacturer’s user’s manual for sterilization and ultrasonic equipment (as long as equipment is on the premises).

5. Written infection and exposure control procedures (permanent retention).

6. Employee records (until one year after termination), to include:

a. Full legal name;

b. Home address;

c. Home phone number;

d. For each body art practitioner, copies of current compliance with Sections 6.4.A.1 through 6.4.A.3 above;

e. For body art practitioners or other employees who handle sharps or infectious wastes, proof of HBV vaccination, or a written, signed statement by the individual which declines the vaccination due to personal or religious beliefs.

f. Copies of any required certifications in accordance these regulations.

D. All body art establishments shall provide and update as needed a working electronic mail address to EPCPH, to which inspection reports, license renewal notifications and other correspondence may be sent.

SECTION 6.6: CLIENT RECORDS

A. To assure, insofar as possible, proper healing following a body art procedure, each client shall be requested to provide information related to certain medical conditions which may affect the healing process. The following information shall be documented and maintained at the body art establishment in a secure manner so as to maintain the privacy of the client, and only used by the body art practitioner to determine the client’s suitability for receiving a body art procedure.

1. Diabetes.

2. Hemophilia or other bleeding disorders.

3. Skin diseases or skin lesions.

4. Immune-compromised status.

5. Allergies or adverse reactions to latex, pigments, dyes, disinfectants, soaps, or metals.

6. Treatments with anticoagulants or other medications that thin the blood and/or interfere with blood clotting.

7. Any other medical condition that the body art practitioner or establishment operator may deem necessary.

B. A client consent form shall be completed and signed by the client and body art practitioner for all body art procedures and shall include the following information:

1. Name, address, phone number, and age of the client.

2. Date of the procedure.

3. Name, address, and phone number of the body art establishment and the name of the body art practitioner who performed the procedure.

4. A description of the type of body art and where it was applied.

5. Sterilization date and sterilizer log lot number of instruments used for the procedure.

6. Documentation that both written and verbal instructions regarding risks, outcome, and aftercare were given to the client including:

a. Direction regarding when to consult a physician to include signs of infection, allergic reaction and expected duration of healing;

b. Description of how to care for the body art procedure site;

c. Explanation that body art should be considered permanent;

d. Possible side effects from the procedure.

e. In the case of a minor client, the consent form shall include the name, address and phone number of the minor client’s parent or legal guardian, and the following documents shall be attached:

• A statement, signed in person onsite by the parent or legal guardian, attesting to their status as parent or legal guardian of the minor client and providing permission for the minor client to receive the body art procedure(s);

• A copy made onsite of an original state or federal photo ID of the parent or legal guardian;

• A copy made onsite of an original state, federal or school-issued photo ID of the minor client;

• A copy made onsite of an original court-issued letter of guardianship, if the person granting permission is the minor client’s guardian; and

• Additional documentation of the legal relationship is required if the name or address of the minor client and the parent do not match to confirm primary decision-making authority over the minor client.

7. A copy of the signed consent form shall be provided to the client.

SECTION 6.7: ESTABLISHMENT AND OPERATIONAL REQUIREMENTS

A. The premises, including outdoor areas utilized by the body art establishment or its patrons, shall be clean and maintained in good repair.

B. All body art procedure areas and instrument cleaning areas shall utilize floors, walls, ceilings and other constructed surfaces which are smooth, durable, nonabsorbent and easily cleanable. Body art procedure areas shall be designed for use by no more than two body art practitioners and shall be separated by walls, partitions, or other means approved by EPCPH.

C. Windows, doors and other openings to the exterior of the body art establishment shall provide protection against contamination from pests and contaminants by use of 16 mesh per inch screens, self-closing devices, or other effective means approved by EPCPH.

D. Toilet facilities shall be provided for the use of clients and employees during all business hours. Floors and walls within toilet facilities shall be constructed of smooth, durable, nonabsorbent and easily cleanable materials.

E. At least fifty (50) foot-candles of artificial light shall be provided at the level where body art procedures are performed and in instrument cleaning and sterilization areas.

F. All surfaces in body art procedure areas and instrument cleaning areas, including, but not limited to, counters, tables, equipment, chairs, recliners, shelving and cabinets shall be made of smooth, durable, nonabsorbent materials. The surfaces of any decorative items located in body art procedure areas shall be smooth, nonabsorbent and easily cleanable.

G. Hand washing sinks shall be easily accessible and conveniently located within each body art practitioner’s procedure area and in toilet rooms. Hand washing sinks shall be used for hand washing only. With EPCPH approval, a single, centrally located hand washing sink may be installed in a body art procedure area shared by no more than two body art practitioners. Body art establishments which are not in compliance with this requirement, but were licensed prior to the effective date of these Regulations, will not be required to install additional hand washing sinks until such time that the body art establishment changes ownership or requests a plan review for an extensive remodel.

1. Hand washing sinks in a body art practitioner’s procedure area shall be installed to prevent the potential contamination of any other body art practitioner’s procedure area.

2. Each hand sink shall provide water a temperature of at least 100ºF (38ºC) by means of a mixing valve or combination faucet.

3. Any self-closing, slow-closing or metering faucet used shall be designed to provide a flow of water for at least 15 seconds without the need to reactivate the faucet.

4. Each hand sink shall be provided with soap and either dispensed, disposable paper towels or a hand-drying device which provides a flow of heated air.

5. Portable hand washing sinks are not allowed, except as provided by Section 6.12.B.1 of these Regulations.

H. Distinct, separate areas shall be used for cleaning equipment, wrapping or packaging equipment, and for the handling and storage of sterilized equipment. Such areas shall be located or configured to prevent the contamination of other areas.

I. Instrument cleaning sinks and utility sinks shall be supplied with hot and cold running water delivered through a mixing faucet and under pressure. Minimum hot water temperature shall be 100ºF (38ºC). Sinks with threaded faucets shall be equipped with a back flow prevention device approved by EPCPH. These sinks shall be separate and shall be used only for their designated purpose.

J. Water shall be supplied from a public water system source approved by the Colorado Department of Public Health and Environment, or from a non-public water system approved by EPCPH.

K. Sewage, including all liquid wastes, shall be directly discharged to a sanitary sewer or to an approved onsite wastewater treatment system constructed, operated and maintained according to law.

L. Refuse, excluding infectious wastes, shall be placed in a lined waste receptacle and disposed of at a frequency that does not create a health or sanitation hazard.

M. All body art establishments shall have a waiting area that is separate from the body art procedure area and from the instrument cleaning, sterilization, and storage areas.

N. Reusable cloth items shall be mechanically washed with detergent in water at a minimum of 140° F (60° C), unless an approved disinfectant is applied in the rinse cycle or the dryer uses heat above 140° F (60° C) as specified by the manufacturer. Clean cloth items shall be stored in a clean, dry environment until used. Soiled laundry shall be stored in a nonabsorbent container until removed for laundering and kept separate from clean cloths.

O. Except for service animals or fish in aquariums located in waiting rooms or nonprocedure areas, no animals are allowed in body art establishments.

P. Each chemical container shall be labeled as to its contents, properly stored, and used according to the manufacturer’s label instructions. Safety Data Sheets (SDS) shall be maintained at the body art establishment for each product used for body art procedures, disinfection, sterilization and cleaning. These products must be stored according to the SDS provided.

Q. All body art establishments shall be completely separated from areas used for human habitation, food preparation, or other activities that may contaminate work surfaces. A body art establishment may not be located within a private residence.

R. In establishments where body art and other procedures such as hair and fingernail care are provided, body art procedure areas must be completely separated from other procedure areas. In all new body art establishments, a conveniently located utility sink or curbed cleaning facility with a floor drain and hot and cold water shall be provided and used for the cleaning of mops or similar wet floor cleaning materials, and for the disposal of mop water or similar liquid wastes.

S. In body art establishments that conduct branding, ventilation systems shall provide sufficient circulation of fresh air throughout the establishment to minimize smoke and odors.

T. Sharps and infectious regulated waste must be handled in a manner consistent with Sections 25-15-403 and 404, C.R.S.:

1. Discarded sharps shall be disposed of in approved sharps containers.

2. Infectious/regulated waste other than sharps shall be placed in impervious, tear resistant, plastic bags which are red in color and marked with the Universal Biological Hazard Symbol.

3. Sharps and infectious/regulated waste shall be disposed of by an approved, off-site treatment facility in accordance with these Regulations.

SECTION 6.8: INFECTION AND EXPOSURE CONTROL WRITTEN PROCEDURES

A. Every body art establishment shall develop written procedures for infection and exposure control that are approved by EPCPH and include provisions for the following:

1. Instrument cleaning and sterilization.

2. Cleaning and disinfection of the procedure area(s), as required in these regulations.

3. Storage and disposal of sharps.

4. Standard Precautions procedures to include hand washing and use of personal protective equipment.

5. Procedures for managing potential or known exposures to blood borne pathogens.

6. Chemical storage and safety.

7. Injury prevention.

8. Sick employee policy.

9. Infectious Waste Management Plan, consistent with Section 25-15-403, C.R.S., including segregation, identification, packaging, storage, transport, treatment, disposal and contingency planning for blood spills or loss of containment of infectious/regulated waste.

SECTION 6.9: REQUIREMENTS FOR NONDISPOSABLE INSTRUMENT AND JEWELRY CLEANING AND STERILIZATION

A. Instrument and Jewelry Cleaning

1. All non-disposable instruments used during the performance of body art procedures and jewelry or equipment used for initial piercing or stretching shall be properly cleaned and sterilized.

2. All unused instruments placed in the procedure area during a body art procedure shall be repackaged and re-sterilized.

3. Used instruments shall be soaked in a disinfectant until cleaning can be performed. The solution shall be changed at frequencies recommended by the solution manufacturer.

4. Body art practitioners and employees shall wear the following while cleaning instruments:

a. Heavy-duty, multi-use, and waterproof gloves;

b. Face protection that covers the mouth, nose and eyes;

c. Garment protection in the form of disposable aprons and sleeves.

5. Instruments and jewelry shall be disassembled for cleaning according to manufacturer’s recommendations.

6. All instrument components shall be manually cleaned of organic material and other foreign substances manually under the surface of a water bath so as to minimize spray of any infectious materials.

7. All manually cleaned instruments shall also be cleaned in an ultrasonic cleaner using the appropriate cleaning agent specific to the type of cleaning performed. Ultrasonic cleaners shall:

a. Be capable of heating the cleaning solution;

b. Be loaded in accordance with the manufacturer’s instructions;

c. Be covered with an approved tight fitting lid while in use;

d. Not be in operation while sterile packages are being handled in rooms where clean instrument handling is taking place;

e. Not be operated in body art procedure areas.

8. Instruments shall be rinsed clean of any detergents and cleaning residue and air dried prior to packaging.

9. Cleaning tools shall be rinsed clean, treated with a disinfectant and stored in a manner that minimizes contamination of work surfaces.

B. Instrument and Jewelry Packaging and Wrapping

1. Employees shall wear single use gloves while packaging or wrapping instruments.

2. Instruments and jewelry shall be wrapped or packaged with a sterilizer indicator on or in each package.

3. All packages shall be labeled with the date of sterilization and lot number. Packages may not be considered sterile six months after the date of sterilization.

4. Commercially sterilized instrument packages that have reached the expiration date established by the manufacturer, or that have otherwise been compromised either in handling or storage, shall no longer be considered sterile.

C. Sterilizer

1. Sterilizers shall be of adequate capacity to accommodate the needs of the establishment.

2. The operator’s manual for the sterilizer shall be available on the premises and the sterilizer shall be operated according to manufacturers recommendations.

3. The sterilizer shall be cleaned and maintained according to manufacturer’s specifications.

4. A sterilizer load log shall be maintained for a minimum of one year at the establishment and made available for inspection. The log shall contain the following documentation for each load:

a. Description of instruments contained in the load;

b. Date of sterilization load, and time or other unique identifier if more than one load is processed during a single day; c. Sterilizer cycle time and temperature;

d. Indication of proper sterilization of instruments, as evidenced by the appropriate color indicator change on each package;

e. Action taken when appropriate color indicator change failed to occur.

D. Sterilizer Monitoring

1. Sterilizer monitoring shall be performed monthly, unless more frequent monitoring is specified by the manufacturer, by means of a commercial biological monitoring (spore) system.

2. All biological indicators shall be analyzed by a laboratory independent from the establishment.

3. Biological indicator test results shall be maintained at the establishment for a minimum of three (3) years and must be available for inspection at all times.

4. EPCPH may require a body art establishment to submit copies of the sterilizer monitoring results by mail, email, facsimile or in person.

E. Instrument Sterilizer Recall Practices.

1. EPCPH shall be notified within 48 hours of any positive spore test result conducted on any sterilizer in a body art establishment.

2. In the event of a positive spore test result or a mechanical failure of the sterilizer, the sterilizer and all items processed in the sterilizer since the time of the last negative spore test result shall be prohibited from use.

3. The cause of the positive spore test result shall be investigated and resolved, and a follow-up spore test shall be conducted.

a. If no cause for the positive spore test is found, and the follow-up spore test indicates a negative result, the sterilizer may be placed back into service and all items prohibited from use after the positive spore test shall be re-sterilized before being used.

b. If a cause for the positive spore test result is determined and the problem is corrected and verified by a negative spore test, the sterilizer may be placed back into service and all items prohibited from use after the positive spore test shall be re-sterilized before being used.

c. If no cause for the positive spore test result can be determined and the follow-up spore test is also positive, the sterilizer shall be prohibited from use. The items prohibited from use may be used after being properly sterilized.

F. Instrument Storage

1. Hands shall be washed in accordance with these regulations and single use gloves shall be donned prior to handling sterilized instrument packs.

2. After sterilization, the instruments shall be stored in a dry, clean area reserved for storage of sterile instruments. Sterilized instruments shall be stored in a manner to prevent cross contamination and ensure the integrity of the packaging material.

G. Single Use Items

1. Single use items shall be stored in a clean and dry manner.

2. Single use items shall be handled in a manner that prevents contamination.

3. Single use items shall not be used on more than one client and shall be disposed of after the body art procedure.

4. Immediately after use contaminated single use needles, razor blades, and other sharps shall be disposed of in an approved sharps container.

SECTION 6.10: BODY ART PROCEDURES

A. The following are prohibited:

1. Body art procedures performed anywhere outside of an approved body art establishment.

2. Body art procedures performed on, or by, any person who is noticeably impaired by alcohol, drugs or any other substance.

3. Smoking, eating or drinking in the body art procedure and instrument cleaning areas.

4. Body art procedures performed on skin surfaces that exhibit evidence of sunburn, rash, pimples, boils, infections, or which manifest any evidence of unhealthy conditions.

5. Body art procedures on a minor client without the express consent from the minor’s custodial parent or legal guardian as described in these Regulations. A parent or legal guardian may not consent to the activities prohibited by paragraphs A.6 – A.9 below.

6. Body art procedures on a minor client except for body piercing or tattooing.

7. Body piercing or tattooing of a minor client’s genital, anal, or nipple area.

8. Videotaping, photographing, or other recording, to include but not limited to live social media streaming, of body art below the chin of a minor client, whether during or after the procedure.

9. Performing body piercing or tattooing on a minor client without the parent or legal guardian present in the procedure area of the licensed facility in which the procedure occurs.

10.Performing body art procedures without meeting the requirements of Section 6.4 of these regulations, except that for a period not to exceed 100 days, a body art practitioner who is not in compliance with Sections 6.4.A or B may perform body art procedures under the direct supervision of another body art practitioner who is fully compliant with these Regulations.

B. The following procedures shall be practiced by all body art practitioners:

1. Thoroughly wash hands with soap and warm water for at least 20 seconds before and after each body art procedure, and after using the toilet. Hands shall be dried using clean, disposable paper towels, or a hand-drying device providing heated air.

2. Single use gloves shall be worn for each body art procedure. If a glove has been previously used, or is pierced, torn or contaminated, both gloves must be properly removed and discarded. Hands shall be washed prior to donning a new pair of gloves.

3. Change barriers, drapes, lap cloths or aprons between each client. If multi-use, these items shall be washed according to these Regulations prior to reuse.

4. Single use gloves shall be worn while obtaining and assembling instruments and supplies to be used in the body art procedure. All sterilized instruments shall remain in the sterile packages until opened in front of the client.

5. Needles used for tattooing or body piercing shall be sterile, single-use, and manufactured for tattooing or medical or body piercing purposes. All needles shall be disposed of immediately after use in a sharps container.

6. Dispense all substances used in body art procedures from containers in a manner that prevents contamination of the unused portions. Portions shall be used for only one client.

7. Immediately following each body art procedure, all dispensed substances, single use items, and disposable supplies shall be placed into a waste container lined with an appropriate trash bag; a utility sink drain may be used for the disposal of liquid substances.

8. After each procedure, use an approved disinfectant according to label instructions and single use paper towels to wipe all exposed surfaces in the procedure area. Surfaces include counters, tables, equipment, chairs, recliners, shelving, cabinets and containers.

C. In addition to the procedures required by Section 6.10.B above, the following procedures shall be practiced by body art practitioners while performing tattooing procedures:

1. The use of hectographed or single-use stencils shall be required for applying a tattoo outline to the skin, unless the design is drawn free-hand, in which case non-toxic single use markers or other non-toxic single use devices shall be used. Multi-use stencils are prohibited.

2. Before placing the design on the skin, the body art practitioner shall clean the area with soap and, if necessary, shave off any hair with a disposable, single use safety razor. The area shall be treated with an antiseptic prior to stencil application.

3. Excess ink, dye, or pigment applied to the skin during tattooing shall be removed with a clean single use product. Only disposable cups may be used for cleaning ink from the needle.

4. After a procedure is completed, the affected area shall be covered with an appropriate gauze or bandage and held in place with suitable medical tape or wrap.

D. In addition to the procedures required by Section 6.10.B above, the following procedures shall be practiced by body art practitioners while performing piercing procedures, including suspensions:

1. Prior to beginning the piercing procedure, the body area to be pierced shall be cleaned with soap or a medical antiseptic. The use of topical antiseptics shall be in compliance with the manufacturer’s label instructions.

2. Only sterilized jewelry or equipment that is in good condition shall be used. Approved by the Board of Health October 28, 2020 Jewelry and equipment surfaces and ends must be smooth, free of nicks, scratches, burrs, polishing compounds and metal fragments. In an initial piercing or stretching, the jewelry or equipment used must meet one of the following standards:

a. Steel that is ASTM F-138 compliant or ISO 5832-1 compliant;

b. Steel that is ISO 10993-6, 10993-10, and/or 10993-11 (EEC nickel directive compliant);

c. Titanium (Ti6A14V ELI) that is ASTM F136 compliant or ISO 5832-3 compliant;

d. Titanium that is ASTM F-67 compliant;

e. Solid 14 karat or higher nickel-free white or yellow gold;

f. Solid nickel-free platinum alloy;

g. Niobium (Nb);

h. Fused quartz glass, lead-free borosilicate or lead-free soda lime glass;

i. Polymers (plastics) as follows:

• Polytetrafluoroethlyene (PTFE) that is ASTM F754-00

• Any plastic material that is ISO 10993-6, 10993-10 and/ or 10993-11 compliant and/or meets the United States Pharmacopeia (USP) class VI material classification

3. Manufacturer information, including but not limited to mill specification sheets, shall be available for review to verify that jewelry meets those standards.

SECTION 6.11: MOBILE BODY ART ESTABLISHMENT REQUIREMENTS

A. License Requirements

1. Each mobile body art establishment shall obtain its own body art establishment license in compliance with, and subject to, the provisions of Section 6.3 above.

2. Mobile body art establishments shall maintain a signed, written agreement with a licensed fixed-location body art establishment and provide a copy of such agreement with each license application. The agreement shall include the following:

a. Means for obtaining fresh water for the mobile body art establishment.

b. Means for disposal of all wastewater from the mobile body art establishment.

c. Hours that the fixed-location body art establishment is available for use by the mobile body art establishment.

d. Any other services to be rendered to the mobile body art establishment by the fixed-location body art establishment.

e. Agreements between mobile body art establishments and fixed-location body art establishments must be renewed annually.

B. Mobile body art establishments shall receive an annual inspection at the fixed-location body art establishment with which they have a written agreement.

C. To operate at a temporary body art event, a mobile body art establishment must be included in the temporary event license application submitted by the event coordinator.

D. Except for the following modifications, mobile body art establishments shall comply with all provisions of these Regulations.

1. Exterior doors shall be self-closing and tight fitting. Operable windows shall have tight fitting screens of at least 16 mesh per inch or greater.

2. The water supply system shall utilize a water storage tank and plumbing constructed of materials that are approved for use with potable water. The tank shall:

a. Be designed to be easily flushed and with a drain that allows for complete evacuation of the tank.

b. Have no common interior partition with the wastewater tank(s) or with any other tank(s) or containers holding any other liquids.

c. Have an overflow or vent that terminates in a downward direction, which is located and constructed so as to prevent the entrance of contaminants.

3. All wastewater shall:

a. Be drained to a retention tank that is at least 15% larger than the total capacity of the potable water storage tank(s); and which utilizes a drain that is designed to allow for complete evacuation of the tank. The wastewater retention tank shall be flushed as often as necessary to maintain sanitary conditions.

b. Be collected through sinks or other approved plumbing fixtures that drain into a system of sealed drainage piping, which flows directly into the wastewater retention tank.

c. Be discharged from the waste retention tank to an approved sewage disposal facility.

4. The potable water tank inlet and wastewater tank outlet shall be permanently fitted in a manner to preclude the connection of a potable water hose to the wastewater tank drain, or a wastewater drain hose to the potable water tank inlet.

5. There shall be no cross connections between the potable water system and any other system.

6. Restroom facilities shall be convenient and accessible while the mobile unit is in operation.

SECTION 6.12: TEMPORARY BODY ART EVENTS

A. License Requirements

1. A temporary event license shall be required for each temporary body art event.

2. The event coordinator must submit a complete temporary event application, any supporting documentation and all applicable fees to EPCPH at least thirty (30) days prior to the start date of the temporary event. EPCPH shall then conduct a pre-opening inspection and shall issue a license upon a finding that the temporary event complies with these Regulations.

3. A temporary event license is valid only for the location identified in the application.

4. A temporary event license shall be posted in a prominent location on the premises and shall be conspicuously visible to patrons.

5. The event coordinator shall ensure that all body art practitioners performing body art procedures at the temporary event meet the following requirements:

a. Completion of infectious disease control training in their home jurisdiction within the two years prior to the last day of the temporary event.

b. Affiliation with a body art establishment licensed by their home jurisdiction, or sponsorship by a body art establishment licensed by EPCPH, provided that a written sponsorship agreement and proof of infectious disease control training is submitted with the temporary event application.

B. Except for the following modifications, temporary events shall comply with all provisions of these Regulations:

1. When permanent hand washing stations are not readily accessible, body art practitioners shall utilize temporary hand washing stations that are capable of providing a continuous flow of warm potable water. Temporary hand washing stations shall be commercially manufactured for hand washing and approved by EPCPH prior to the event. Hand soap and paper towels shall be provided. Temporary hand washing stations shall be used only for hand washing and located in such a manner as to not potentially contaminate any body art practitioner’s workstation. With EPCPH approval, a single, centrally located temporary hand washing sink may be installed in a body art procedure area shared by no more than two body art practitioners.

2. Wastewater from temporary hand washing stations shall be collected in a sanitary container. The event coordinator shall ensure that wastewater is disposed in an approved sanitary sewage system as frequently as needed.

3. All instruments used for a body art procedure shall be single use and commercially sterilized.

4. If at any time the temporary event is not in compliance with these Regulations, EPCPH may require the vendor or temporary event to immediately cease all operations.

SECTION 6.13: INSPECTIONS

A. Inspections of licensed body art establishments shall be conducted by EPCPH at least annually. Establishments not in compliance with any applicable regulation are subject to one or more follow-up inspections to be conducted at intervals deemed necessary by EPCPH. Inspections shall also be conducted as deemed necessary by EPCPH in response to complaints or other public health investigations.

B. A follow-up inspection fee, as approved by the Board of Health, shall be charged to the establishment operator whenever a follow-up inspection is conducted by EPCPH to verify compliance with these Regulations.

C. Agents of EPCPH, after presenting proper identification, shall be permitted to enter any body art establishment during business hours for the purpose of conducting inspections, investigating complaints, examining required documents, and determining compliance with these Regulations.

D. EPCPH shall furnish a copy of the written findings of each inspection by electronic mail or personal service. If any violations are noted, the body art establishment shall be given a reasonable time to come into compliance, unless immediate closure is warranted pursuant to Section 6.14.B below. Failure to correct violations within the time provided may result in a hearing for license suspension or revocation or for the imposition of civil penalties or both.

E. All body art establishments shall display a copy of the most recent inspection report issued by EPCPH in a location readily visible to the public.

SECTION 6.14: PENALTIES FOR VIOLATIONS

A. License Suspension and Revocation

1. After any inspection of a body art establishment that reveals a violation of these Regulations, EPCPH may schedule a hearing to consider suspension or revocation of any license issued pursuant to these Regulations, imposition of a civil penalty, or both.

2. Such hearing shall be conducted in accordance with the Administrative Hearing Procedure set forth in Chapter 4 of the Regulations of the El Paso County Board of Health. Specifically, the body art establishment shall be provided with written notice of the hearing and the alleged violations and shall be given an opportunity to present evidence on its own behalf at such hearing.

3. Notwithstanding the previous paragraph, the body art establishment shall be provided with a determination at the conclusion of the hearing as to whether a violation of these Regulations has occurred and, if so, the nature and extent of the penalty. Written findings and orders shall be subsequently issued pursuant to the Administrative Hearing Procedure.

4. Upon a finding that a violation of these Regulations has occurred, the license may be suspended for a determinate period, suspended until the body art establishment comes into compliance with these Regulations as verified by EPCPH, or revoked. EPCPH also has the authority to impose civil penalties pursuant to Section 6.14.C below in lieu of, or in addition to, suspension or revocation of the license.

5. If a license is suspended or revoked, the body art establishment shall immediately cease operation.

6. If a license is revoked, the same licensee, or a proposed licensee owned by the same person or persons that owned the licensee of the revoked license, may not apply for a new body art establishment license of any kind until at least sixty (60) days have passed since the effective date of revocation.

B. Immediate Closure of Body Art Establishments

1. In accordance with the provisions of Section 25-1-506(3) (b) (V), (VI), (VII), and (VIII), C.R.S., EPCPH has the power and duty to close body art establishments, to forbid gatherings of people therein, and to exercise other control over body art establishments as they may find necessary to protect the public health and to eliminate sources of epidemic and communicable disease. Immediate closure without a hearing may be used when the situation requires emergency action to protect public health.

2. EPCPH may order that a body art establishment immediately close following an inspection that identifies noncompliance with any of the following sections of these Regulations, until such time as the violation corrected:

a. Section 6.3.A.1, Licensing of Body Art Establishments

b. Section 6.7., Establishment and Operational Requirements: G., J., K., or Q.;

c. Section 6.9., Non Disposable Instrument Cleaning and Sterilization, in its entirety;

d. Section 6.10., Body Art Procedures, in its entirety.

C. Civil Penalties

1. EPCPH shall notify the operator in writing of any violations observed in the establishment, and provide a reasonable period of time to achieve compliance. If, after that period, the operator has not corrected the violation(s), EPCPH may assess a civil penalty not to exceed two hundred fifty dollars ($250) per violation against the establishment operator. Each day of a violation may be considered a separate offense.

2. For civil penalty assessment purposes, notification may include any previous inspection report or any other document from EPCPH that informed the operator of the same noncompliant condition for which the civil penalty may be assessed, regardless of when notification was given and regardless of whether or not the noncompliant condition was previously corrected.

3. EPCPH may assess an immediate civil penalty, not to exceed two hundred fifty dollars ($250) per day, against an operator of a body art establishment that is not licensed by EPCPH.

4. Failure to pay a civil penalty assessed by EPCPH shall constitute a separate violation which shall be subject to the assessment of one or more additional civil penalty assessments.

D. The actual costs incurred by EPCPH for enforcement of these Regulations, including reasonable oversight and overhead costs, may be charged and payable by a body art establishment found to be in violation of these Regulations.

E. If an operator fails to comply with an order for an immediate closure, of license suspension or revocation, or an order for payment of a civil penalty, issued in accordance with these Regulations, EPCPH may seek compliance with such order through an injunction filed in the District Court.

REGULATIONS OF THE EL PASO COUNTY BOARD OF HEALTH EL PASO COUNTY, COLORADO Chapter 7 FETAL DEATH REVIEW REGULATIONS

Approved by the Board of Health Jan. 21, 2009

SECTION 7.1: AUTHORITY

A. Pursuant to the authority of the El Paso County Board of Health contained in Section 25-1-508 C.R.S., to initiate and carry out health programs, not inconsistent with the law, that it deems necessary or desirable for the protection of the public health and the control of disease; to collect, compile, and tabulate reports and information concerning deaths, and to require any person having information with regard to the same to make such reports and submit such information; and, to make any necessary sanitary and health investigations and inspections on its own, or in cooperation with the Colorado Department of Public Health and Environment, the El Paso County Department of Health and Environment is authorized to implement these regulations in El Paso County for the prevention of fetal deaths.

B. Pursuant to Title 45, Code of Federal Regulations, Section 164.512(a), these regulations constitute a law requiring disclosure of protected health information by covered entities for the limited public health purposes provided herein.

C. The El Paso County Board of Health and El Paso County Department of Health and Environment constitute a public health authority pursuant to Title 45, Code of Federal Regulations, Section 164.512(b) which authorizes covered entities to disclose protected health information to public health authorities for public health activities and purposes; and, authorizes public health authorities to collect or receive protected health information for the purpose of preventing or controlling disease, injury, or disability, including, but not limited to the reporting of disease, injury, vital events such as birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions.

SECTION 7.2: DEFINITIONS

As used herein, unless the context dictates otherwise, the following definitions shall apply: A. BOARD OF HEALTH: The El Paso County Board of Health.

B. FETAL DEATH: Death of a human fetus from 20 weeks gestation to birth.

C. FETAL DEATH REVIEW TEAM or TEAM: The team of participants established or formed from time to time by the Health Department to review fetal deaths pursuant to these regulations.

D. FETUS: An unborn human from 20 weeks gestation to birth.

E. HEALTH DEPARTMENT: The El Paso County Department of Health and Environment, its employees, contractors, and others acting at the direction or control of Health Department employees.

SECTION 7.3: FETAL DEATH REVIEW TEAM

A. The Health Department is authorized establish a Fetal Death Review Team for the purpose of reviewing, evaluating, and making public health recommendations to appropriate agencies and persons as to methods for preventing fetal deaths.

B. The Team shall be chaired by the Medical Director of the Health Department, or her designee.

C. The Team shall be comprised of representatives from agencies and individuals in El Paso County deemed appropriate by the Health Department to carry out the purposes of the Team. Composition of the Team may vary from time to time as deemed appropriate by the Health Department.

D. The Team shall establish appropriate rules for administration and functioning of the Team.

SECTION 7.4: REVIEW AUTHORITY

A. The Team shall have authority to interview all persons residing in El Paso County, including family members, and, access all records and obtain copies of all records possessed by any person relating to a fetal death in El Paso County, including records pertaining to the mother of the fetus, for the purpose of reviewing, evaluating, and making public health recommendations on the prevention of fetal deaths.

B. The Team shall act on behalf of the Board of Health and Health Department as a public health authority pursuant to Title 45, Code of Federal Regulations, Section 164.512(b) which authorizes covered entities to disclose protected health information to public health authorities for public health activities and purposes; and, authorizes public health authorities to collect or receive protected health information for the purpose of preventing or controlling disease, injury, or disability, including, but not limited to the reporting of disease, injury, vital events such as birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions.

C. The Team is authorized to access and obtain copies of all medical records, protected health information, standard medical record abstraction forms, investigation records, autopsy results, and all other records pertinent to the fetal death, and the mother of the fetus, from any hospital, physician, nurse, Department of Human Services, law enforcement agency, coroner’s office, vital statistic agency, and every other agency and individual with information or records relating to the fetal death.

D. The Team is also authorized to access and obtain copies of birth certificates, death certificates and any other vital statistic records from the State Registrar, or local custodian of vital statistics, in accordance with the Memorandum of Agreement entered into between the Board of Health and the State Registrar for the purpose of fetal death reviews. The Team shall strictly adhere to all requirements in said Memorandum of Agreement.

E. Covered entities pursuant to the Health Insurance Portability and Accountability Act of 1996, and specifically Title 45, Code of Federal Regulations, Section 164.512(a), are required to disclose protected health information which the Team is authorized to access as provided herein.

F. The Team shall conduct interviews by telephone, electronic media, or in person only upon authority of the Medical Director of the Health Department.

G. The Team shall only request copies of records through a written request signed by the Medical Director of the Health Department.

SECTION 7.5: CONFIDENTIALITY

A. The Team shall establish procedures to ensure, to the extent legally possible, that information and records, including interview notes, notes made by Team members, and meeting minutes, are maintained in a confidential manner.

B. Records and information pertaining to a particular fetal death shall not be communicated to or among Team members by electronic media.

C. Copies of all records and other written communications, including handwritten notes, distributed or used during Team meetings shall be collected by the chairman at the conclusion of each meeting, unless such records and written communications are necessary for Team members to retain for purposes deemed necessary by the chairman.

D. The Health Department shall develop procedures for the destruction of records pertaining to fetal death prevention reviews, as appropriate.

E. All records and other written communications used by Team members for the purpose of conducting a fetal death review shall be considered as medical, mental health, sociological, or otherwise privileged information that are not subject to access or copying pursuant to the Colorado Open Records Act, Section 24-72-201, et seq., C.R.S., or subject to subpoena, except as provided below for public health recommendations.

F. The Board of Health has determined that the mother of the fetus, family members, and all others involved with the conception of the fetus and its death have a reasonable expectation of privacy relating to all records and other written communications, including handwritten notes and written summaries of oral communications, concerning the fetal death. Therefore, all records and written communications are privileged information that are not subject to access or copying pursuant to the Colorado Open Records Act, Section 24-72-201, et seq., C.R.S., or subject to subpoena, except as provided below for public health recommendations.

SECTION 7.6: CASE SUMMARIES AND PUBLIC HEALTH RECOMMENDATIONS

A. Following review and evaluation of a fetal death, the Health Department may prepare a case summary and public health recommendation to prevent future fetal deaths.

B. Case summaries shall be confidential as provided in Section 7.5. Case summaries shall only be accessible by Health Department staff or persons acting under the direct supervision of Health Department staff.

C. Public health recommendations shall be disseminated as deemed appropriate by the Health Department to help prevent fetal deaths in El Paso County. Public health recommendations are subject to public access and copying as public records.

SECTION 7.7: RELATIONSHIP TO CHILD FATALITY PREVENTION REVIEW

A. The Health Department is authorized to carry out the duties and responsibilities as a member and/or Chair of the Colorado Fourth Judicial District Child Fatality Prevention Review Team in El Paso County and Teller County as designated by said Team pursuant to the Child Fatality Prevention Act, Part 4 of Article 20.5 of Title 25, C.R.S.

B. To the extent practicable, the Health Department shall coordinate activities and procedures of the Fetal Death Review Team and the Colorado Fourth Judicial District Child Fatality Prevention Review Team.

Chapter 8: Onsite Wastewater Systems Regulations