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HomeMy WebLinkAboutOrdinance 2009 (783) h ORDINANCE AMENDING CHAPTER 40 — LODGING AND FOOD PROTECTION Ordinance No. `a 3 f 2bb St. Croix County, Wisconsin WHEREAS, County Code Chapter 40 was created in March, 2002, with the enactment of Ordinance No. 612(2002) to authorize the Public Health Division of the St. Croix County Department of Health and Human Services to obtain agent status from the State of Wisconsin Department of Health Services to preinspect, inspect and investigate vending operations, hotels, restaurants, tourist rooming houses and other recreational establishments; and WHEREAS, the St. Croix County Health and Human Services Board desires to have the Public Health Division acquire agent status for preinspection, inspection and investigation of retail food establishments through the State of Wisconsin Department of Agriculture, Trade and Consumer Protection; and WHEREAS, the statutory requirements for retail food establishment preinspections, inspections and investigations have been added to Chapter 40; and WHEREAS, the title of Chapter 40 has been changed to better reflect its purpose; and WHEREAS, formatting and grammatical changes have also been made. THEREFORE, the St. Croix County Board of Supervisors does ordain as follows: Chapter 40 — LODGING AND FOOD PROTECTION is renamed "LODGING, RECREATION FACILITIES AND FOOD PROTECTION and is amended as attached hereto to include preinspection, inspections and investigations of retail food establishments. Offered by the Health and Human Services Board YES NO ABSTAIN ABSENT SUPERVISOR SIGNATURE M ❑ ❑ ❑ Esther Wentz _ ® ❑ ❑ ❑ Charles Grant. -- ❑ ❑ ❑ Gerald Peterson N ❑ ❑ ❑ , Richard Marzolf �a ❑ ❑ ❑ © Linda Luckey ❑ ❑ ❑ Roger Larson ❑ ❑ ❑ ❑ Vacant ❑ ❑ ❑ Q Deb Rasmussen ❑ ❑ ❑ M Leon Berenschot Ordi"--t 2 This Reeektion was a ed by the S Croix County Board Reviewed as to form on ' ^ �'© _ of Supervisors on /: r r ti l ! c?dU 9 Greg merman, Corporation Counsel Cindy Campb II, County Clerk 1 CHAPTER 40 LODGING., RECREATION FACILITIES AND FOOD PROTECTION 40.01 Authorization. (A) Vending Operations Pursuant to Wisconsin Statute -�� 254.65(2) and Deleted: sec. _- 254.69(1), in the administration and enforcement of Wisconsin Statutes Ch. 254, Subchapter VI I (,�§ 254.61 — 254.88), the Wisconsin Department D eleted: c of Health Services (PHS) may use local health departments as its agents (_Deleted: secs.__ in making preinspections, inspections and investigations of vending Deleted: and Family machine commissaries, vending machine operators and vending 1 De partment machines if the jurisdictional area of the local health department has a population greater than 5,000. 1 Deleted: If the designation is made and the services are furnished, the Department shall reimburse the local (B) Hotels Restaurants Tourist Rooming Houses and Other Establishments 1 health department furnishing the !, service at the rate of 80% of the net Pursuant to Wisconsin Statutes _ §, 254.65(1) and 254.69(2)(am) In the license fee per license year issued in administration of and enforcement of Wisconsin Statutes Ch. 254 the jurisdictiona a rea . -- Subchapter VII M 254.61- 254.88) or,§ 254.47 (relating to campgrounds j Deleted: p and camping resorts, recreational and educational camps and public Delet sec. — swimming pools), DH may enter into a written agreement with a local _Deleted: secs. health department with a jurisdictional area that has a population greater Deleted: sec. than 5,000, which designates the local health department as CHS's agent I Deleted: the Departmen Deleted: the in issuing permits to and making Investigations preinspections or inspections of hotels, restaurants, temporary restaurants, tourist rooming houses, bed and breakfast establishments, campgrounds and camping resorts, recreational and educational camps and public swimming pools. (C) Retail Food. Pursuant to Wisconsin Statutes 97.41(1 m) in the Formatted: Normal Indent: Left: administration of and enforcement of 97.41 the Department of , 0 ", Hanging: 0.5" Agriculture Trade and Consumer Protection (ATCP) may enter into a written agreement with a local health department if the jurisdictional area of the local health department has a population greater than 5 which designates the local health department as the agent of ATCP for issuing licenses to and making investigations preinspections or inspections of retail food establishments - - - - - -- -- - - - - -- -- Formatted: Indent: Left: 0 ", Hanging: 0.5 ", No bullets or (p) ,Agent Status. A local health department granted agent status under numbering ,subsections (S and (C) shall establish and collect the permit or license D e l eted: ¶ fee for each type of establishment identified in subsections (,B and (C). :Dele (z) The local health department may establish separate fees for Deleted: this preinspections of new establishments, for preinspections of existing - - - - - - establishments for which a person intends to be the new operator or for Deleted: the issuance of duplicate permits or licenses No fee may exceed the D eleted:) local health department's reasonable costs of issuing permits or licenses j D eleted: parag -- j to, making investigations and inspections of, and providing education, D eleted: Deleted:) - ; training and technical assistance to the establishments, plus the state fee established by jHS and ATCP for its costs related to setting standards _ Deleted: t he De under Wisconsin Statutes Ch. 254, Subchapter VII L§.§ 254.61 to 254.88) Deleted: secs. 254.,47 and § 97.41(5) and monitoring and evaluating the activities of, and ;D an d sec. providing education and training to, agent local health departments. Agent Deleted: local health departments shall include the state fees in their permit and license fee, collect the state fees and reimburse DH and /or ATCP for the Deleted: the Department state fees collected. For each type of establishment, the state fee may not exceed 20% of the permit or license fees charged under ! Deleted: s 254.47,254.68 and 97.30(3) A local health department granted agent Deleted: ed. and J status under Wisconsin Statutes § 97.41 and $ 254.69 may issue a single - - - permit or license and establish and collect a single fee which authorizes the operation on the same premises of more than one type of establishment for which it is granted agent status under § 97.41 and § 254.69. (E), Public Health Division. The Public Health Division of the St. Croix County Deleted: (a) Department of Health and Human Services s eligible under state law and Deleted: St. Croix County authorized by this Chapter to act as an agent of DHS and /or ATCP in St. Deleted: Department of Health and Croix County, as long as it is designated an agent by written agreement Human Services (HHS) with DHS and /or ATCP except in cities and villages that have a health Deleted the Department department designated as an agent of DHS and /or ATCP for purposes of: Deleted: the Department J (1) Making inspections and investigations of vending machine commissaries, vending machine operators and vending machines; D eleted: (2) Issuing permits to and making investigations or inspections of I Formatted: Indent: left: 0.06 °, hotels, restaurants, temporary restaurants, tourist rooming houses, ;Hanging: 0.44 No bullets or bed and breakfast establishments, campgrounds and camping numbering - resorts, recreational and educational camps and public swimming pools. Deleted: A written agreement in i conformance with Wisconsin Administration Code Ch. HFS 192 (3) food establi me�tsnd making investigations or inspections of retail Department and Publc ; 40.02 Regulations and enforcement. The regulation and enforcement provisions applicable to the activities or establishments identified in L 40.01 of this Chapter are contained in the Jaws I Dele sec. rules, and regulations set forth in the following chapters of the Wisconsin ( Deleted: 2 y� an an y modifications, Statutes and Wisconsin Administrative Code and the d dificati followin - ons, I D follow j are hereby adopted by reference: _ • HFS 172 - Safety, Maintenance and Operation of Public Pools and Water ; Deleted: Swimming Attractions • HFS 175 - Recreational and Education Camps, Deleted_ _ Deleted: . ~ ^ ^ ^ ° HFS178—Campgrounds ° flFS 1Q5— Hote|o, Motels and Tourist Rooming Houoes� owxyeu j ° HFG1S8—Reobaunonbs� Deleted: � ° HFG197— Bed and Breakfast Establishments, ~----'-----'-------- 1 *HF81S8— Vending ofFood, ^ Deleted: | ° ' Formatted: ouxeteu+Level: z+ ' Department for Public Health Protection Purposes +�m�n�� u� | �+m � * ATCP 75 — Retail Food Establishments Inden at: | Deleted: . ° Wisconsin Statutes Ch. 251 ____----_----�_— � w Wisconsin Statutes Ch. 254 | * Wisconsin Statutes Ch. 97 40'03 Fees. Annual pennit and license em.pnainnpenUon fees, and other fees authohzedby |avvohaUbeeobobUuhadby !oelet=d:**a _ | � Board. The fees shall cover the reasonable costs of the services. Avvrittan schedule of fees shall be created identifying the types of facilities regulated and the annual permit fee, preinepection fee, and any other fee for each type uf facility. 40'04 Effective date. ,This ordinance, as amended, becomes effective on March 16, 2009. However, Deleted: This ordinance was enacted on the 19'' da m March . � | 2002 but shall not be published until | | the Department m Health and Family ! iServices and the St. Croix County i Public Health office have entered into Ordinance No. U12(2OO2) — March, 2002 |a written agreement. This ordinance | / �n�xoonommoda �er / ' .nvmxmuon. )