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HomeMy WebLinkAbout09/05/1977 OC690 MINUTES OF BOARD OF HEALTH MEETING - September 5, 1977 - Present: Dr. Frank Reynolds, Chairman, Dr. James Furr, Dr. Murray Seidel, Mr. George Chadwick, Mr. J. R. Reaves, Mrs. Roma Lee Hall, Mrs. Vivian Wright, Mr. Deother Melvin, Mr. R. E. Carter, and Attorney James Fox Absent: None Minutes of the August meeting were approved with one correction. suggested that the sentence "Mr. Golden's request was denied." be end of the first paragraph under Septic Tank Ordinance Appeal. Mrs. Wright added at the Yellow Fever Immunization Center: Dr. Finger had requested and received authorization for the Health Department to be an official yellow fever vaccine center. Dr. Finger wasmked to find out from some of the other centers how much the vaccine cost and low much they charge for each dose. This information will be presented at the October meeting and decision will be made by the board as to whether or not we will become a Yellow Fever Center and if so, charges, etc. Drugs and the Health Department: A copy of Health Law Bulletin, published by the Institute of Government, had been mailed to each Board of Health member. It was the general agreement, after studying this bulletin, that it will be necessary to employ a pharmacist for possible an hour a day to set up and review dispensing of drugs in the department. Dr. Finger will contact several pharmacist, and the cost of such a program and report to the board in October. ~ " Dr. Seidel asked that the department make sure that an M.D.'s signature or initials was on each record of dispensing of drugs. - Lead Ordinance: With one correction, the lead ordinance that had been mailed to members of the board, was adopted. This will be posted and published as required. A copy of the ordinance is attached to these minutes. Board of Health Member Terms: Dr. Reynolds and Mr. Fox had worked on a proposed schedule for reappointment of members to the Board of Health so that each year only two or three members would rotate off. On the present system seven members rotate off on the same year. It will take an act of the State Legislature for this to be changed and this cannot be done until 1979. Mr. Fox has prepared a resolu- tion for adoption by this board at the October meeting to be passed on to the Commissioners. There being no further business, the meeting was adjourned. Approved: October 5, 1977 Respectfully submitted, ~~ /3 -jJ~' ~ - l STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER. AFFIDAVIT OF PUBUCATION - Before me, a Notary Public in and for aforesaid State and County, came thisn23 day of $ept ~_n__19_ 7.7. __~__________Jac_Qb___Brins_Qn______ _ _____, who being duly sworn, deposes and says that he i~la~;H;;___Ad.Y nMgr I efjthe STAR-NEWS NEWSPAPERS, Inc. and that the advertising of nNot-ice-m _mn___U mn_m New Hanover Co. Board of Health appeared in said publication on the date (or dates) and in the space as specified below: DATE SIZE CAPTION OF AD. ______m J=;r......' ,..'-r':.... -------- f.~ ___nm _un. =':.:~:~~'::n~r.::-g~t::t! ______m_ IOb.=~.~~~IO-::~ _--nn__njOOProl'UlcI.......IIorIi,.. .177." _ _nn_ i :. <<:... ~':'(Thlrcl__ =-~ l~ofW"mlhgfon~CaitlrOlouMIn"'- _ n_n__ ~ copy threol f 'flHorlt1 o.oun.. Md. -- __nun j H...Hanov.r~I~:-omotott,.. 2029Sout1tt1thStrMt~a1 Subscribed and sworn to before OM......._......... "::':'"..::: Mby8nyi"*","*,~ . 23 d f Sept Th.S1ethdlirof~ 1877 TA NE S NEWSPAPERS In me thiS mum ay 0 uut_ u______-" m_______ NOW H....... COUNTY S R- W , C. ~ ~~~ _u____~l""'-_JLL2:fl_~!.~ u______________ . nSe-p_L ___tfL_2:3..J.Jn7 cols. X n____lines cols. X ______ n_m_ lines cols. x__ ____lines ___uu cols. X mm____Jines lVly commission expires Notary Public. _E.'_E!)J-"_}_~___ _ , 19n8}u By ~ Upon reading the foregoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly made, and that the summons has been duly and legally served , on the defendant (s). .J This_____________ ______day oL____________________ m' 19- _____. ---------- ------------------------------------ Clerk of Superior Court '. fo"r;;;d <=}-'';''7"/ fJ,"c.,t".,J u~ /0-/7-77 REGULATIONS FOR THE CONTROL OF CHILDHOOD LEAD POISONING BE IT ORDAINED by the New Hanover County Board of Health that: The following regulations for the protection of the public health are hereby adopted pursuant to authority granted by Chapter 130 of the General Statutes of North Carolina, and shall apply throughout New Hanover County for the control of childhood lead poisoning. Table of Contents Section I Definitions Section II Inspections Section III Lead poisoning Hazard Section IV Hazard Abatement Section V Right of Appeal Section VI Penalty Section VII Severability Section VIII Prior ordinance Rules and Regulations Repealed Section IX Effective Date SECTION I DEFINITIONS I-I "Board" means the New Hanover County Board of Health. 1-2 "Department" means the New Hanover County Department of Health. 1-3 "Director" means the Director of Health of the New Hanover County Department of Health or his authorized representatives. 1-4 "Dwelling" means a building or structure occupied or designed or intended to be occupied as a place for human habitation and use, and construed to include any accessory building or structure belonging thereto or usually enjoyed therewith. 1-5 "Occupant" means any person, living, sleeping, cooking, eating in or having actual possession of a dwelling unit or rooming unit. 1-6 "Operator" means any person who has charge, care or control of a building or part thereof in which dwelling units or rooming units are let. 1-7 "Owner" means a holder of any legal or equitable estate in the premises, whether along or jointly with others, and whether in possession or not. 1-8 "Construction or Certain Words" - Whenever the words "dwelling", "dwelling unit", "premises" are used in this regulation, they shall be construed as though they were followed by the words "or any part thereof". 1-9 "Premises" means a lot, plot or parcel of land including all facilities and improvements thereon. 1-10 "Lead-based Coatings" means any paint, lacquer, glaze or other applied liquid surface coating and putty or plaster which contains a quantity of lead more than six-hundredths of one percent (0.06 of 1%) by weight of its non-volatile content. 1-11 "Surface" means the outermost layer or superficial area of the materials of which a dwelling unit is contructed, including paint, plaster or putty of the interior or exterior of a dwelling unit, including but not limited to the outermost layer or superficial area of walls, ceilings, floors, stairs, windows, windowsills, window frames, window sashes, doors, door frames, baseboard and woodwork of a dwelling or dwelling unit. -2- 1-12 "_Exposed Surface" means all interior surfaces of a dwelling or dwelling unit and those exterior surfaces of a dwelling or dwelling unit which are readily accessible to children under six (6) years of age, such as; stairs, decks, porches, railings, windows, doors and siding from ground level to a vertical distance of at least five (5) feet. All areas in the vicinity of a dwelling or dwelling unit subject to contamination from flaking or peeling lead based materials is also considered an exposed surface. 1-13 "Chewable Surface" shall include but not be limited to such surfaces as windowsills, window frames, door frames, handrails, toys, furniture, food utensils and other appurtenances offering a biting surface to a child or other person. SECTION II INSPECTIONS 11-1 When the Director learns of a case of increased lead absorption or otherwise has reason to suspect the possibility of lead exposure, he may cause to have inspected the dwelling in which the victim resides, or has recently resided or frequently visits. The findings of such inspection shall be recorded and reported to the Director. 11-2 If there is found the presence of flaking, peeling, chipping, or loose paint, plaster, or structural material in or around any building used for housing, specimens of the flaking, chipped or loose paint, plaster or structural materials shall be collected to determine whether or not the materials contain lead. In lieu of taking samples, the surface may be tested with an "in situ" analyzer approved by the Director. 11-3 The chemical determination of the lead content in surface materials may be made by the quantitative measurements of samples of those materials. 11-4 The physical determination of the lead content of surface material may be made by non-destructive measurements using radioisotope x-ray fluorescent analyzers (XRF) or other instruments approved by the Director. Lead content in surface materials shall be confirmed by laboratory analysis, if this analysis is requested by the owner or occupant. -3- 11-5 When a dangerous level of lead is found in a dwelling, the Director may cause to have examined all children under six (6) years of age, and such other children as he may find advisable to examine, residing or who have recently resided in said dwelling. The results of such examinations shall be reported to the Director and the parents or l~gal guardian of the children. 11-6 A dangerous level of lead found in a dwelling shall be reported immediately to the owner and/or operator of the building, all affected tenants, and the Director. The Director shall inform such other persons or agencies as he deems advisable. SECTION III LEAD POISONING HAZARD 111-1 Any lead source shall be considered a health hazard to children under six (6) years of age, IF: a. Said lead source exists in or about a dwelling, dwelling unit, household, school or day care facility in which children commonly reside or visit, AND b. Said lead source is determined to be on any surface, exposed surface or chewable surface and contains more than 0.06 percent lead be weight of non-volatile content or in excess of 1 milli- gram per square centimeter of surface when tested by a radioisotope x-ray fluorescent analyzer, AND c. Said lead source is in such a peeling, chipping, flaking or damaged condition as to be conducive to lead poisoning, or is on a chewable surface, as defined in 1-14. SECTION IV HAZARD ABATEMENT . .. IV-l When the Director determines that. the presence of lead paint, or lead- bearing materials upon ~ premises creates a healt~ ~zard to children under six (6) years of age, he may issue a written or4er to the owner, operator or occupant to eliminate the hazard within fourteen days as specified by the Director; however, at the discretion of the Director, additional time may be granted to remove, abate or remedy such condition. The reason for granting extra time and amount of time granted shall be in writing. IV-2 a. Correction procedures shall be approved by the Director and shall include one or more of the following: 1. Stripping of the chewable surfaces so the bare underlying materials do not contain lead at the unsafe levels. -4- 2. The covering of such surfaces which contain lead at inaccep- table levels with permanently affixed coverings, the surface of which are lead free and which said permanently affixed coverings, are incapable of being readily chewed through, torn from the surface, pierced or otherwise removed in such manner as to expose the hazardous surface. 3. Stripping of exposed but non-chewable surfaces to eliminate the flaking, peeling, chipping or loose condition of high lead content materials. IV-3 Upon completion of the correction procedure, an inspection shall be made by the Department to determine if the hazard has been satisfactorily eliminated. IV-4 Re-occupancy - If a dwelling which has had a lead hazard identified is vacated before the hazard is abated, it may not be re-occupied by anyone until the hazard is abated. SECTION V RIGHT OF APPEAL V-I Any owner, operator or resident of a dwelling that has been ordered to have a lead hazard abated shall have a right of appeal to the New Hanover County Board of Health provided such action is taken within 15 days of receipt of written order to eliminate the hazard. Notice of appeal shall be given by filing with the Health Director a demand for hearing. Upon filing of such notice, the Health Director shall, within three (3) days, transmit to the Board of Health the papers, tests, materials constituting the record upon which the decision appealed from was made. V-2 New Hanover County&ard of Health shall hold a hearing within 15 days of of the receipt of the notive of appeal. The Board shall give the appellant not less than five (5) days' notice of the date, time and place of hearing. Any party may appear in person or by agent or attorney. V-3 Any owner, operator, or resident who has been ordered to eliminate a hazard under this ordinance shall have the right of appeal to District Court having jurisdiction if such appeal is made within 10 days after the date decision by the Board of Health is made. -5- SECTION VI PENALTY If any person shall violate any rules and regulations adopted by the Board of Health, he shall be guilty of a misdemeanor and punishable by a fine not to exceed fifty dollars ($50.00) or imprisonment not exceeding bhirty (30) days, as provided by General Statute 130-203. Each succeeding week of non-compliance shall be deemed a separate misdemeanor punishable by the same fine or imprisonment SECTION VII SEVERABILITY If any prov1s1on or clause of these regulations affecting control of childhood lead poisoning in New Hanover County shall be declared invalid, such declarations shall not invalidate any other provision or clause of said regulations. SECTION VIII PRIOR ORDINANCE, RULES AND REGULATIONS REPEALED All ordinances, rules and regulations heretofore adopted by the New Hanover County Board of Health governing control of childhood lead poisoning in New Hanover County which are in conflict with the provisions of these regulations are hereby repealed. -6- '. , SECTION IX EFFECTIVE DATE This ordinance shall be in full effect from and after the First day of October , 1977, which date is hereinafter called "effective date". . ~, ':", , , , ~.