HomeMy WebLinkAbout20120027.tiff Esther Gesick
From: Sara Evans
Sent: Wednesday, January 18, 2012 2:22 PM
To: Esther Gesick
Cc: Trevor Jiricek
Subject: Ord 2012-2, Second Reading (Ch 14)
Attachments: Move section 14_5_70 I weld_14_a5.doc
Esther,
We had a work session this morning & now have changes for the Second Reading of Ch14 scheduled for Jan. 23r°
Instead of removing Section 14-5-70 IS,we are moving all of 14-5-70 Ito another Section of Ch14. It will now be 14-5-
140 D 1-5. I've attached the revisions. Please let me know if you have any questions and/or if the revised document is
unclear. Thanks.
Sara Evans
Environmental Health Manager
Weld County Department of Public Health & Environment
1555 North 17th Avenue
Greeley, CO 80631
Ph: (970) 304-6415
Fax: (970)304-6411
sevans@co.weld.co.us
Ipp1:ti
ti
r �
t ;;N:r."
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
1 020/�-00a
Esther Gesickatkeu,f1
�
From: Sara Evans
Sent: Tuesday, December 13, 2011 3:13 PM
To: Esther Gesick
Cc: Trevor Jiricek; Deb Adamson
Subject: Repeal Chapter 12 Article III, Remove Chapter 14-5-7015
Attachments: Releal weld_12_a3.doc; Remove section 14_5_7015 weld_14_a5.doc
Esther,
I've attached the code in word format marked up as you requested. Please let me know if you have any questions or
need any further information from me. Thanks for your help.
Sara Evans
Environmental Health Manager
Weld County Department of Public Health & Environment
1555 North 17th Avenue
Greeley, CO 80631
Ph: (970) 304-6415
Fax: (970) 304-6411
sevans@co.weld.co.us
it'll loll
WI t'-0!E O u N T R
u
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
2012-0027
1
HOME CHAPTER 12: Licenses and Permits MS WORD
TABLE OF CONTENTS
ARTICLE I Assembly Permits
ARTICLE II Liauor Licenses
ARTICLE III Small Personal Care Boarding Homes
ARTICLE IV Right-of-Way Use Permit Policy
ARTICLE V Road Access Policy
ARTICLE VI Public Dance Hall. Booth.Pavilion or Other Place Where Public Dances Are Held
ARTICLE III
Small Personal Care Boarding Homes
Se.. 1141n Board of HealtL
The Board of County Commissioners shall sit as the Board of Health for purposes of regulating
the licensing of small personal care boarding homes, as set forth in this Article. (Weld County
Codification Ordinance 2000 1)
Sec. 12 3 20. Definitions.
The following words,as used in this Artiele, shall have the meanings set forth below:
Personal services means those serviees which the licensee, operator and employees of a
personal care boarding home provide for each resident, including, but not limited to: an
environment which is sanitary and safe from physical harm; individualized social supervision;
assistance with transportation; and assistance with activities of daily living, including but not
limited to bathing, dressing and eating.
Protective oversight means guidance of a resident as required by the needs of the resident or as
reasonably requested by the resident, including the following: being aware of a resident's general
whereabouts, although the resident may travel independently in the community; monitoring the
activities of the resident while on the premises to ensure his or her health, safety and well being,
including monitoring of prescribed medications; reminding the resident to carry out daily living
activities; and reminding the resident of any important activities, including appointments.
Small personal care boarding home means a residential facility that provides room and board
to one (1) or two (2) adults who are not related to the owner and who, because of impaired
capacity for independent living, elect protective oversight, personal services and social Bare but do
not require regular twenty four hour medical or nursing care. The term does not include a facility
holding a current certificate of authority to operate a life Bare facility issued pursuant to Artiele 13,
Title 12,-C.R.S., residential care facilities for the developmentally disabled or personal care
boarding homes regulated under 6 CCR 1012 I. (Weld County Codification Ordinance 2000 1)
Scc. 12 3 30. General requirements.
A. All small personal care boarding homes shall be licensed in accordance with the regulations
contained in this Article
B. All small personal care boarding homes shall be in compliance with all applicable zoning,
housing, fire, sanitary and all other codes and ordinances of the municipality, County or city and
county where the home is situated.
C. A nonrefundable fee as set by separate action of the Board of Health shall be required for each
application and renewal. (Weld County Codification Ordinance 2000 1)
Sec. 12 3 40. Appeal process.
A. Any aetion to deny, sustain or revoke an operating license or application may be appealed by
submitting a written statement of intent to appeal with the Department of Public Health and
Environment within fifteen (15) days of the postmarked date of the decision to deny, suspend or
revoke.
B. The Department of Public Health and Environment shall have the burden of proof by a
preponderance of the evidenee at the appeal hearing.
C. The initial hearing on the appeal will he held by the Department of Public Health and
Environment Advisory Board within twenty(20)days after receipt of notice to appeal.
D. Notice of time, date and place of the hearing shall be mailed to the parties seeking appeal at
least ten(10)days prior to the hearing.
E. The licensee shall be entitled to retain counsel on his or her own behalf, and the Department of
Public Health and Environment or the licensee may examine documentary evidenee, present
testimony on his or her behalf and cross examine and impeach witnesses presented by the opposing
party.
F. The hearing shall not be subject to strict judicial or technical rules of procedure or evidence.
Evidence presented at the hearing may include oral testimony, witnesses, briefs or memoranda,
inspection reports, site visits of the facility and other relevant information
G. A record, by a method selected by the Advisory Board, of the hearing shall be kept. The
methods may include the use of a court reporter, electronic recording device, detail transcription or
detailed minutes. If the Advisory Board chooses a method other than a court reporter and a licensee
requests the use of a eourt reporter,the licensee shall be responsible for the costs of the court reporter.
II. The Advisory Board shall, within ten (10) days of the termination of the hearing, make a
written report of its findings and recommendations as to whether or not the decision of the
Department of Public Health and Environment was correct, supported by eoneise statements Biting
the basis of the Advisory Board's decision. (Weld County Codification Ordinance 2000 1)
Se.. 12 3 50 Review of decision
The Board of County Commissioners shall, upon written request for a review of the decision filed
by the applicant or licensee with the Clerk to the Board within fifteen (15) days of mailing of the
notice of decision, issue and mail to the licensee an order which either adopts, with or without
amendments, the findings or recommendations of the Advisory Board; substitutes to the Board of
County Commissioners' own findings and conclusions based upon the record; or remands the matter
to the Advisory Board to take further evidence. This review shall be on the record with the notice and
eondueted in accordance with the terms of Section 12 3 10 A through G above. (Weld County
Codification Ordinance 2000 1)
Sec. 12 3 60. Right of entry.
All small personal care boarding homes shall permit access by the State and designated local long
term care ombudsman to the premises and residents during reasonable hours for the purpose set out in
Sec. 12 3 70. Building and fire safety.
A. The small personal care boarding home shall be in compliance with the Fire Code for the
appropriate fire district or municipality, and the promises shall remain available for inspection by the
local fire department at appropriate times.
B. Facilities in existence as of February 15, 1987, may request approval for an extended time for
correcting fire code violations provided that:
1. The fire district or municipality has granted an extended time for making corrections;
2. All hazardous areas and vertical openings, if any, are protected;
3. Smoke detectors are installed in all living rooms or similar congregate areas, hallways and
beeketeffirat
1. Copies of estimates and contracts are submitted, including an adequate description of
5. A timetable submitted for completion appropriate to the nature and extent of deficiencies,
not to exceed thirty six(36)months.
C. There shall bo eighty (80) square feet for one (1) bedroom and sixty (60) square feet per
person for mobile bedrooms, exclusive of toilet rooms. There shall be no more than two(2) residents
t
D. Extension cords or multiple use sockets shall not be permitted.
E. Each bedroom shall contain at least one(I)window. (Sec also Subsection A above)
F. Cooking shall not be permitted in sleeping rooms. - Cooking activities shall be confined to
areas provided and approved for sueh purpose.
G. Each floor having resident bedrooms shall have a toilet room directly accessible without going
through an adjacent bedroom, one(1)for each two(2)residents.
H. Bathing facilities with tub or shower shall be provided in a ratio of one(1)bathing facility per
two(2)residents.
I. Lighting,adequate to meet the needs of the residents, shall be provided in all toilet and bathing
foetus,
J. Grab bars shall be properly installed at each tub and shower, and adjacent to each toilet.
M. Dayroom or living/recreation room space shall be provided for daily living activities and shall
bo well lighted,heated and ventilated.
N. No resident or group of residents shall be excluded from contact with other residents at meal
time.
O. Meals shall not be routinely served in resident rooms.
P. There shall be a written fire escape plan and diagram developed with consultation from the
local fire department officials. The fire escape plan and diagram shall be posted in a eonspicuous
place. The plan and diagram shall be explained to each resident within seven (7)days of admission to
the small personal care boarding home.
Q. In addition to Subsections A through P above, the following shall apply to personal care
boarding homes if occupied by one(I)or more nonambulatory residents:
I. Bedrooms and all living areas shall be accessible to wheelchair bound clients.
2. A minimum of two (2) entryways shall provide for wheelchair access and for egress out
and away from the building.
3. All doors to those rooms requiring wheelchair access shall be at least thirty two(32) inches
Vie.
1. All fixtures, including bathtubs, showers, lavatories, stools, mirrors and towel racks shall
R. The small personal care boarding home shall provide a clean environment, free of hazards to
health and safety.
S. There shall be an adequate supply of safe, potable water available for domestic purposes and
in compliance with state and loeal laws and regulations.
T. Sewage shall be discharged into a public sewer system or disposed of in a manner approved by
the state and local health authority and the Colorado Water Quality Control Commission.
U. Electric, space or kerosene heaters shall not be permitted.
V. No resident shall be assigned to any room other than a regularly designated bedroom.
W. Furnished resident rooms shall be equipped per bed as follows:
I. Comfortable standard sized bed. Rollaway type beds, cots, folding beds or bunk beds shall
not be permitted. Residents may, if both request, share a double bed.
2. Beds shall be equipped with a comfortable, clean mattress, mattress protector and pad. A
comfortable,clean pillow and appropriate bedding shall be provided.
3. At least two (2) clean sheets and one (1) clean pillow ease shall be provided weekly or
more frequently if needed.
LI. A standard sized chair in good eondition.
5. An incombustible wastebasket with impervious disposable liner.
6. Storage facilities adequate for clients'clothing and personal articles.
7. A closet or locker space.
Y. Carpets or floor coverings shall be securely fastened to the floor and in good condition.
Y. At least three (3) nutritionally balanced meals, using a variety of foods from the basic four
food groups, shall be served at regular times daily.
Z. There shall not routinely be more than a fourteen hour span between the evening meal and
breakfast.
AA. There shall be recipes available for food items used in the menus. Menus and recipes
/hall bea. ailable f
BB. There shall be enough food on hand to prepare the menus for two(2)days.
CC. In facilities capable of and willing to provide therapeutic diets, appropriately qualified
dietary consultant services shall be obtained.
DD. Therapeutic diets shall be prescribed by a physician.
EE.AII food shall be free from spoilage, filth or other contamination, and shall be safe for human
consumption.
FF.A two compartment sink or domestic dishwashing machine shall be required.
GG. Laundry equipment and/or arrangements with a commercial laundry shall be available.
MIL Separate storage for soiled linen and clothing shall be provided. Such storage may
consist of individual plastic bags or hampers.
H. The use of common towels,washcloths or personal care articles is prohibited.
JJ. All resident equipment (wheelchairs, walkers, oxygen equipment) shall be maintained in safe
and sanitary conditions defined in the admission agreement.
KK. A facility may keep household pots, including dogs, eats, caged birds, fish and other
animals, if permitted by local ordinance, and in accordance with facility polieies and guidelines.
(Weld County Codification Ordinance 2000 1)
Se,. 12 3 on ue_.on_eL
The operator of the personal Bare boarding home shall employ a sufficient number of personnel
able to perform their respective duties, services and functions to ensure the provision of personal and
social care, including twenty four hour monitoring by on site personnel. (Weld County Codification
Ordinance 2000 1)
Sec. 12 3 90. Qualifications and orientation.
A. Each employee shall be given on the job training or have related experience in the job
assigned to them.
B. All personnel shall have access to the facility's polieics, procedures manuals and other
information necessary to effectively perform their duties and to carry out their responsibilities.
Sec. 12 3 100. Health requirements.
The operator, employees and volunteers shall be in good health, free of signs of communicable
disease-
Sec. 12 3 110. In service training.
All staff shall receive documented on the job training appropriate to their position and shall
cl, o.udc-at least:
A. Residents' rights.
B. Simulated fire prevention drills(at least four[4] fire drills per year).
C. Emergency procedures.
Se.. 12 3 120 yoluntee
A. Volunteers may be utilized in the faeility but may not be included in the facility's staffing plan
in lieu of facility employees.
B. Volunteers shall be supervised and familiar with resident's rights and the facility's policies and
procedures.
C. Volunteers who provide personal care to residents shall be in good health and competent to
perform the task assigned.
D. Residents may participate voluntarily in performing housekeeping duties and other tasks suited
to the residents' needs and abilities. Residents shall not be used as substitutes for required staff.
(Weld County Codification Ordinance 2000 1)
Sec. 12 3 130. Fitness.
Any person who is involved in substance abuse, uses alcohol excessively, uses narcotic or
dangerous drugs, is physically or mentally unable to adequately and safely perform the duties of an
operator or employee, or has been convicted of a felony or a crime of moral turpitude, shall not be
approved as a licensee or be hired as an employee, subject to the provisions of Section 21 5 101,
C.R.S.
Only residents whose needs can be met by the personal Bare boarding home shall be admitted.
Sec. 12 3 150. Physieian's assessment.
A. All facilities shall adopt a policy which identifies when a physician's assessment will be
required, such as a significant change in the resident's condition or evidence of possible infection
(open sores,etc.).
B. If required by the personal care boarding home, a physieian's assessment shall be obtained,
including at least the following:
1. The resident is free of communicable disease or any condition which would preclude
admission to the facility.
2. A list of current preseribed medications including:
a. Dosage,time of administration and route.
b. Whether medication is self administered and what assistance, if any, is required from
facility staff.
3. Type of diet and restrictions or special instructions, if any.
'1. Allergies, if any.
5. Any physical or mental limitations or restrictions on activity.
Sec. 12 3 160. Resident's agreement.
A. A written "Resident's Agreement" shall be executed at the time of admission or prior thereto,
between the operator and the resident or legal guardian. Each party will be provided with a copy of
such agreement.
B. Each agreement shall set forth the following terms:
1. Rates and charges(thirty day written notice), refunds and deposits.
2. Types of services provided which include, but are not limited to:
a. List of"personal services" provided to the resident for daily living activities as defined
in the regulations contained in this Article.
b. List of"supportive services" provided and requested by the resident and provided by the
operator.
c. A "board and care plan" outlining the functional capability of the resident and the need
for personal assistance.
d. Residents'rights and grievance policies,as provided in Section 12 3 230 below.
e. I louse rules and policies, such as smoking or drinking.
f Acceptance, retention, discharge and eviction policies.
g. Conditions under which the agreement may be terminated.
h. Any agreement regarding management of the residents' personal funds or property
consistent with the provision of Section 12 3 260 below.
3. No contract, or any provision therein, shall be construed to relieve the facility of any
requirement or obligation imposed by the rules and regulations contained herein.
4. This "Resident's Agreement" can he amended at the request of either party, and shall
include at least thirty(30)days'advance notiee. (Weld County Codification Ordinance 2000 1)
Sec. 12 3 170. Board and care plan.
A. A board and Bare plan on each resident shall be a part of the admission packet and shall define
the resident's needs and the services the faeility will provide to meet those needs.
B. The board and care plan shall be reviewed and updated at least yearly or more frequently, if
necessary,to note significant changes in the resident's physical,mental or social condition or needs.
C. The resident may request additional services at any time and/or request a change in the board
and care plan.
Se,. 1't 3 ton Resident activities
A. The facility shall provide opportunities for social and recreational activities within and outside
the facility.
B. The facility shall coordinate community resources and promote resident participation in
activities both in and away from the facility.
C. The facility shall encourage resident participation in planning, organizing and conducting the
residents' activity program.
D. The facility shall provide residents with information on available community activities.
E. Residents shall not be required to participate in any program activities.
Se,. 12 3 Inn Re_o_ds
A. A record shall be maintained on each resident and shall contain at least, but not be limited to
the following:
1. The resident's full name, including maiden name if applicable.
3 rat_and time e fadmissien
1. Date of departure and next plaeo of residence, when applicable.
5. Name, address and telephone number of relatives and/or legal guardian or responsible
person to be notified in an emergency.
6. Name, address and telephone number of the resident's primary physician and alternate
physieian.
7. The resident's sex, date of birth, marital status and Social Security number.
8. Full legal name of spouse, if applicable.
9. The board and Bare plan.
10. A current record of the resident's medications, including name of drug, dosage, route of
administration and directions for administration; and documentation of resident self administration
of medication. If the resident refuses to take medications as ordered, there shall be documentation
that the physieian has been notified.
11. An anecdotal record of any accidents, injuries, illnesses or incidents of violent behavior
towards self or others occurring after admission to the personal care boarding home.
12. The resident's admission agreement.
13. An inventory of valuable personal property.
B. Records shall be legibly recorded in ink, dated and available for inspection by the resident or
legal guardian.
C. Records shall be maintained and/or stored in such a manner as to be protected from loss,
damage or unauthorized use.
D. The confidentiality of all medical, psychological and soeiologieal information shall be
protected at all times.
E. Records shall be maintained for a period of one (1) year following the termination of the
resident's stay in the personal care boarding home.
F. Except in an emergency, the facility shall not release any information or a copy of the record
to anyone except the resident or legal guardian, the resident's physician, an individual with written
authorization by the resident or the State Department of Health. (Weld County Codification
Ordinance 2000 1)
See. 12 3 200. Prescription medications.
A. Residents shall maintain and self administer only medications prescribed by the physician and
that belong to the resident. No resident shall be required to surrender his or her right to possess or
self administer any medication belonging to him or her and described in the board and care plan
unless so ordered by his or her physician.
B. If an operator or employee of the personal care boarding home has reason to doubt the wisdom
or safety of a resident's self administration of medications (either prescription or over the counter
drugs), the operator or employee shall immediately bring this question to the attention of the
physician. If an operator determines that prescribed medications are not being taken by the resident
according to the physician's instructions,the operator shall notify the physician for instructions.
C. All medications shall be maintained and stored in a manner that ensures the safety of all
residents:
D. If requested by residents,a looked cabinet or drawer for medication storage shall be provided.
E. No resident shall be permitted to use or take another resident's medication.
F. Stock supplies of nonprescription medications shall not be maintained in the personal care
boarding home.
G. The personal Bare bearding home shall establish a system of monitoring residents' self
II. Residents shall be permitted to self administer oxygen when prescribed by the physician.
I. Oxygen tanks, when used, shall be secured and shall be properly stored at all times.
J. Rooms in which oxygen is used or stored shall be posted with a conspicuous "No Smoking"
sign.
K. Medications which require refrigeration shall be properly maintained.
L. No disinfectants, insecticides, bleaches, rubbing alcohol and/or household poisons shall be
stored with medications and food supplies.
Sec. 12 3 210. Disposal and release of medieations.
A. All personal medication is the property of the resident and shall be returned to the resident or
responsible person upon transfer, discharge or death of the resident.
B. Any discontinued personal medication shall be returned to the resident or responsible person
for proper disposition.
C. The administrator shall document the return of centrally stored prescribed medication.
Sec. 12 3 220. Residents' rights.
A. There shall be a written policy of residents' rights. This policy shall not exclude, take
precedence over or in any way abrogate legal and constitutional rights enjoyed by all adult citizens
and-shall-include
1. The right to be accepted and treated as a resident. A resident may not be kept apart from
other-residents,
2. The right to reasonable privacy, including privacy of self and possessions, in their room, or
portion of room, in personal affairs.
3. The right not to be physically or psychologically abused or punished by the operator, the
operator's employees or family,other elients or others.
4. The right to live free from physical restraint, involuntary confinement and financial
explanation.
5. The right to full use of the facility, including freedom to use the living room, dining room
and recreation areas, in compliance with the documented house rules. The right to voice
grievances and recommend changes in policies and services.
6. The right to communicate privately by mail or telephone with anyone, including relatives,
friends, caseworkers, medical and psychiatric facilities and members of public agencies. The right
to reasonable use of the telephone, in accordance with house rules, that define frequency and
duration of calls and use of telephone for long distance.
7. The right to have visitors, provided that the visits are conducted at reasonable hours and the
visitors are not actively disruptive to the operator, the operator's employees or family, or other
mss-
8. The right to make visits outside the home. However,there is a shared responsibility by the
operator and the resident to make mutual arrangements for keeping in touch with each other.
9. The right to make their decisions and choices in the management of their personal affairs,
funds or property in accordance with their abilities.
10. The right to expect the cooperation of the provider in achieving the maximum degree of
benefit from placement.
11. The right to exercise their choice to attend and participate in religious activities.
B. The policy on residents' rights shall be posted in a conspicuous place, and there shall be
documentation in the resident's record that the resident has read or had explained the policy on
residents'rights.
Sec. 12 3 230. Grievances.
There shall be a written policy and procedure for handling grievances and problems which shall
indicate that, if the procedures outlined are not resolved to the residents' satisfaction, residents may
contact any of the following agencies:
A. The long term Bare ombudsman.
B. The Adult Protection Services of the appropriate County Department of Social Services.
C. The Advocacy Services of the Area Agency on Aging.
D. The Colorado Department of Health or local Department of Public health and Environ
meat.
See. 12 3 240. House meetings.
House meetings shall be held at least quarterly with residents, operator and appropriate staff so
that residents can voice grievances and make recommendations concerning facility policies.
Sec. 123 250. Smoking policy.
There shall be a policy on smoking. If smoking is permitted in any areas, such areas shall be
designated and residents and staff shall he informed upon admission or employment of any
prohibitions. Smoking policies shall apply to both residents and staff.
Se.. 12 3 260 Personal fund
A. A resident may authorize the operator to handle the resident's personal funds or property.
Such authorization must be in writing and shall specify the financial management services to be
performed. In this event, the operator shall exercise fiduciary responsibility for these funds and
property. There shall be no requirement for the operator to handle resident funds or property.
Personal Bare boarding homes which accept responsibility for residents' personal funds shall post a
surety bond in the amount of five thousand dollars ($5,000.00)to protect the residents' personal funds
or provide other adequate security.
B. There shall be a running account (in ink) of all financial transactions. Each entry shall be
dated. There shall be at least a monthly accounting to the resident or legal guardian of all transactions
which shall include:-the date the money was received from the resident and disbursed, source of
funds including any bank or other accounts, any and all deductions for room and board and other
expenses, any advancements, and the balance. An account shall begin with the date of the first
handling of the personal funds of the resident and shall be kept on file for no less than three (3)years
and shall be available for inspection by the Department of Public Health and Environment.
C. Funds of each resident handled by the operator shall be protected from theft and loss, and the
operator shall be responsible for their safekeeping. These funds shall not be made available for the
operator's personal use or for operating expenses of the facility above and beyond the agreed monthly
,ee... a..d board charges. These funds must b, kept in separate resident escrow accounts. (Weld
County Codification Ordinance 2000 1)
Sec. 12 3 270. Treatment of residents.
Physical restraint, isolation, corporal punishment, personal humiliation or the withholding of food,
water or clothing to any resident is prohibited:
Sec 12 3 2801 House rule
There shall be written policies outlining house rules or responsibility of the resident in regard to
the facility. These rules or policies shall be shared with the resident at the time of admission.
Sec. 12 3 290. Discharge policies.
A. The resident shall be diseharged, transferred or evicted only for one (1) or mere of the
following reasons:
1. When the facility is no longer able to meet the resident's identified needs.
2. Non payment for basic services as per the resident agreement.
3. Failure of the resident to comply with written policies or rules of the facility.
4. When a resident poses a danger to self or other residents.
B. The resident or responsible person must have thirty (30) days' advance written notice of
discharge, except in cases of medical emergency for the physical safety of themselves or others or for
nonpayment of rent, in which ease the responsible person shall be notified as soon as possible.
C. Discharge or transfer shall be coordinated with the resident, his or her family or responsible
person or appropriate agency.
Sec. 12 3 300. Lieense application.
A. The Department of Public Health and Environment has been designated for the licensing of
small personal care boarding homes.
B. It shall be unlawful for any person to operate or cause to be operated a small personal care
boarding home as defined herein unless the facility has been approved and regularly licensed in the
manner set forth in the rules and regulations contained herein.
C. Any person desiring a license to operate a small personal care boarding home shall follow the
Department of Publie Ilealth and Environment application and forms provided by the Department of
Public Health and Environment
D. Failure of a licensee to show ability to meet the requirements of this Article shall result in a
denial of the application for license. (Weld County Codification Ordinance 2000 1)
See. 12 3 310. Inspection for license.
The inspection of small personal care boarding homes shall be conducted by an authorized agent
of the Department of Public I health and Environment in consultation with the Area Agency on Aging
and a determination made as to whether the small personal care boarding home facility meets the
requirements of the rules and regulations sot forth herein.
Se.. 12 3 32n i is .ah
Annual renewal of the operating license is required thirty (30)days prior to the date of expiration
and shall require a submittal of the information required in the application, exeept that the complete
renewal applieation may indieate that there has been no change where appropriate.
See. 12 3 330. Posting of license.
The small personal Bare boarding home operator shall place the license in a conspicuous place in
the facility.
Sec. 12 3 310. License not assignable.
The license granted shall not be assignable or transferable and shall apply only to the building
described therein. (Weld County Codification Ordinance 2000 1)
Sec. 12 3 350. Revocation,denial or suspension of license.
A. Grounds and procedures for revocation, denial or suspension of a license are as follows:
1. Obtaining or attempting to obtain a license by fraudulent means or misrepresentation of
any fact and misappropriation of property of residents.
2. Violation of these regulations.
3. Refusal to permit entry by Department of Public Health and Environment personnel or
other agents for the annual licensing inspection.
4. Conduct or praetices determined by the Department of Public Health and Environment to
be detrimental to the welfare of the residents of the small personal care boarding home.
B. If such a license issued hereunder is suspended or revoked, or upon denial of an application, a
written notice shall be given to the licensee stating the grounds of denial, revocation or suspension.
Said notice shall indicate the date the decision is effective and the reasons for the denial, revocation
or suspension and shall be sent by certified mail, return receipt requested, to the address of the
licensee indicated in the application.
C. Temporary suspension of license for a period of time not to exceed thirty (30) days may be
invoked for those emergency circumstances which require immediate action pending a hearing on
suspension or revocation of a license. The Department of Public Health and Environment first must
find that the conduct of the licensee/operator or other agents or employees or the condition of a small
personal care boarding home presents an imminent danger to the health, safety and welfare of the
residents of the personal Bare boarding home before a temporary order of suspension may be issued.
Notice shall be given as in Section 12 3 40 D and by posting at the small personal Bare boarding
home.
D. If a license is denied, revoked or suspended, reinstatement of the annual operating license shall
L,, considered by the Department of Public Health and Environment if, within thirty (30) days,
conditions upon which revocation was based have been corrected and evidence of this fact has been
furnished to the Department of Public Health and Environment. (Weld County Codification
Ordinance 2000 1)
Sec. 12 3 360. Inspection of boarding home.
Each small personal care boarding home shall be periodically inspected, after the initial inspection
for license, by an authorized agent of the Department of Public Health and Environment at least once
annually.
Sec. 12 3 370.-Closure of boarding home.
Any licensee of a facility licensed under this Article shall give thirty (30) days' notice to the
Department of Public Health and Environment prior to closing a facility or to closing any part of a
facility. The resident's records shall be given to the resident or a party responsible for the continuing
care of the resident. (Weld County Codification Ordinance 2000 I)
Sec. 12 3 380. Changes on lieense.
The Department of Public Health and Environment shall be notified by the licensee of the change
of the operator of the small personal Bare boarding home within thirty (30) days of change.
Notification shall be in writing and shall contain the name of the present and new operator and the
date the new operator is to be responsible for the small personal care boarding home. The new
licensee is responsible for making application for an amended license undor the requirements of this
Section. (Weld County Codification Ordinance 2000 1)
Sec. 12 3 390. Liability.
Nothing in this Article is intended to create a duty of care or create liability on the part of the
Board of County Commissioners or any agency, officer or employee of the County. (Weld County
Codification Ordinance 2000 1)
HOME CHAPTER 14: Health and Animals MS WORD
TABLE OF CONTENTS ARTICLE VI Domestic Septaae
ARTICLE I Littering ARTICLE VII Biosolids
ARTICLE II Water Testing ARTICLE VIII Methamphetamine Lab Cleanup
ARTICLE III Cistern Water ARTICLE IX Noise
ARTICLE IV Animals ARTICLE X Pandemic Health Emeraencv
ARTICLE V Body Art Establishments APPENDIX
ARTICLE V
Rules and Regulations for Body Art Establishments
Sec. 14-5-70. Application and review of plans.
A. Application. Any person desiring to operate a body art establishment shall make written
application for a license and pay license and applicable plan review fees using forms provided by the
Department. Each application form shall include the name and address of each applicant, the location of
the facility, a description of the body art to be performed, the local and State sales tax identification
numbers, and the signature of the applicant.
B. Construction plans and specifications. All new, remodeled, temporary and mobile body art
establishments require Department-approved plans. These plans must be approved prior to temporary
events, operation of a mobile unit or commencing work, and in advance of the application for any
building, plumbing and electrical permits.
1. All facilities shall be constructed and completed in accordance with all applicable local fire,
electrical, plumbing and building codes, including the layout of the reception area, the procedure
areas,the cleaning and sterilization area and the toilet facilities.
2. Detailed plans and specifications of a proposed new body art establishment and/or proposed
extensive remodeling of a body art establishment shall be submitted to the Department for review
and approval at least two (2) weeks prior to the start of any construction or extensive remodeling.
Approval by the Department of both the plans and specifications is necessary before construction
begins. All revisions of approved plans and specifications shall require resubmission for approval.
3. Contents of the plans and specifications shall demonstrate that the facility will comply with
this Chapter of the Code. A plan-view scale drawing of the establishment shall be provided. The
plans shall include the location of all equipment, plumbing fixtures and connections, ventilation
systems and other pertinent information.
C. Pre-opening inspection. Whenever the submittal of plans and specifications is required, the
Department shall conduct a pre-opening inspection of the new or extensively remodeled body art
establishment prior to the opening of that establishment for operation. The purpose for that inspection
shall be to determine compliance with the approved plans and specifications and with the requirements of
these rules and regulations. A request for the inspection shall be submitted at least fourteen (14) days in
advance of the date of an intended opening.
D. Written procedures. Each application for a body art establishment shall be accompanied by the
written procedures described in Section 14-5-100 of this Article.
E. Annual renewal of the operating license is required thirty(30)days prior to the date of expiration
and shall require a submittal of the information required in the application, except that the complete
renewal application may indicate that there has been no change where appropriate.
F. The body art establishment operator shall place the license in a conspicuous place in the facility.
The license shall not be assignable or transferable and shall apply only to the premises described therein.
G. The Department shall be notified by the licensee of the change of the operator of the body art
establishment within thirty (30) days of the change. Notification shall be in writing and shall contain the
name of the present and new operator and the date the new operator is to be responsible for the body art
establishment. The new licensee is responsible for making application for an amended license under the
requirements of this Article.
H. The Board of County Commissioners will set the plan review and annual license fee by separate
ordinance, which may be no greater than required to offset the actual costs of the Department's services
associated with administering the body art program.
I. Grounds and procedures for revocation, denial or suspension of license:
1. Obtaining or attempting to obtain a license by fraudulent means or misrepresentation of any
fact.
2. Violation of this Chapter of the Code.
3. Refusal to permit entry by the Department or personnel or other agents for the plan review or
other inspection.
4. Conduct of practices determined by the Department to be detrimental to the health, safety
and welfare of the patrons of the body art establishment.
5. Conviction of any felony or for any misdemeanor which affects the ability of the licensee to
meet the requirements of this Article, including, but not limited to,any crime involving fraud, deceit,
assault or moral turpitude. (Weld County Code Ordinance 2002 8)
Hello