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HomeMy WebLinkAbout20021171.tiff 164 WELDCOUNTY CODE ORDINANCE 2002-3 IN THE MATTER OF AMENDING THE WELD COUNTY CODE, SPECIFICALLY, THE ADDITION OF ARTICLE V SANITARY STANDARDS FOR JAIL FACILITIES, TO CHAPTER 17 PUBLIC PLACES BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirement therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 17 PUBLIC PLACES Add Article V - Sanitary Standards for Jail Facilities, as follows: ARTICLE V Sanitary Standards for Jail Facilities Section 17-5-10. Purpose. The purpose of these "Sanitary Standards" is to establish standards for the protection of the health and safety of inmates in the Weld County Jail Facilities. These "Sanitary Standards" are adopted pursuant to the authority found at Section 30-11-104(1)(b), C.R.S., and are intended to preempt application in the Weld County Jail Facilities of the "Sanitary Standards for Penal Institutions," adopted by the State of Colorado Department of Public Health and Environment, found at 6 CCR 1010-13, upon consultation with national associations that specialize in policies relating to correctional institutions. Section 17-5-20. Application. The provisions of these "Sanitary Standards" are applicable to the maintenance, sanitation, environmental conditions, or^upancy, use of the jail facilities as defined, the grounds, and the accessory structures thereto. Jail facilities in operation prior to the effective date of these standards, and which do not meet all design, construction, and equipment requirements of these standards, are hereby deemed acceptable if in good repair and capable of being maintained in sanitary condition, and provided the facilities pose no hazard to health. 2002-1171 IIIIIII VIII IIIIIII III IIII4? 24IIIIII III III VIII 1295102 04:1 of 12 R 0.00 0 0. sukamolo • Section 17-5-30. Definitions. Unless specifically stated otherwise, the following words have the following definitions in this Article: Approved means acceptable to the Weld County Sheriff or his authorized agents or employees based on determination of conformance with applicable codes, regulations, standards, and good public health practices. Confined means any inmate that is placed in a cell with a locked door. Day Room means any central lounge, recreation, exercise, or other room in a jail used for group assemblage by inmates. dB(a) Scale means a weighed sound pressure level as measured with a sound level meter using the "A" weighing network. The standard notation is dB(a). Foot Candle means a unit of measuring the intensity of illumination, defined as the amount of light thrown on a surface one foot away from the light source. Grounds means exterior yard areas or premises. Holding Facility means a confinement facility, for which the custodial authority is usually less than forty-eight (48) hours, where arrested persons are held pending release, adjudication, or transfer to another facility. Holding facilities shall be exempt from meeting provisions of Section 8. Housing Unit means a group or cluster of single and/or multiple occupancy cells contiguous to a day or activity room. Inmate means any individual, whether in pretrial, unsentenced, or sentenced status, who is held in a jail facility. Local Detention Facility means the county jail and holding facilities that detain persons for more than 48 hours. Medical Clinic or Community Clinic means a clinic that meets the licensure requirements of Chapter II and the regulations of Chapter IX of the Colorado Department of Public Health and Environment, Standards for Hospitals and Health Facilities. Multiple Occupancy Cell means any room or rooms in a jail used, or intended to be used, for sleeping or living purposes in which more than one, and less than six inmates, are confined. Multiple Occupancy Housing Dormitory means any area, room or rooms used or intended to be used for sleeping or living purposes in which more than six inmates are confined. Refuse means all combustible or non combustible, putrescible or non putrescible solid or liquid wastes. Single Occupancy Cell means any room or rooms in a local detention facility used or intended to be used for sleeping or living purposes in which one inmate is confined. 1111111111111111111 III IIII 1111111111111 III 1111111111111 2002-1171 2952164 05/16/2002 04:25P Weld County CO : 2 ORD2002-3 2 of 12 R 0.00 D 0.00 J.A. "Suki" Tsukamoto Solid Waste means garbage, refuse and other discarded materials as defined in Section 30-20-101(6), C.R.S. Unencumbered Cell Space means usable space that is not obstructed by furnishings or fixtures. At least one dimension of the space which is not obstructed is not less than seven feet. In determining space which is not obstructed, all fixtures and furnishing must be in operational position. Section 17-5-40. Buildings and Grounds A. Local detention facilities shall be designed and constructed according to applicable state and local building, mechanical and fire codes. B. The electrical system shall be installed and maintained in accordance with applicable state and local codes. C. All grounds and premises shall be well drained, graded and surfaced where necessary, and free of refuse, litter, animal droppings, insect and rodent harborage, weed overgrowth, and unused equipment. The grounds and soils shall not contain hazardous levels of toxic chemicals or substances. D. Common use exterior areas shall be adequately illuminated at night with level intensities of at least five (5) foot candles. E. The building or buildings wherein a local detention facility is operated shall be maintained in good repair and shall not pose a health hazard to the inmates housed in the facility. Buildings shall be maintained in a clean and sanitary condition. F. Habitable and service buildings shall be structurally sound, shall provide protection for occupants against the elements, shall be constructed as to facilitate cleaning, and shall be maintained in good repair and in a safe condition. Section 17-5-50. Water Supply and Plumbing System. A. Plumbing shall be sized, installed, and maintained in accordance with applicable state and local plumbing codes, ordinances, regulations and standards. B. Adequate, safe potable water for the needs of the local detention facility shall be provided from a source constructed, maintained, and operated according to regulation. Section 17-5-60. Sewage Disposal. A. Facilities shall be provided and maintained for the treatment and sanitary disposal of solid and liquid wastes. B. Where a public sewer system is available, all plumbing fixtures and all building sewers shall be connected thereto. If a public sewer system is not available, a sewage disposal system meeting the requirements of the State and local departments of public health and environment shall be provided and all plumbing fixtures and building sewer lines connected thereto. 2002-1171 IIIIII IIIII 11111III IIII IIIIII I III MUM IIII E 3 ORD2002-3 2952164 05/16/2002 04:25P Weld County CO 3 of 12 R 0.00 D 0.00 J.A. "Suki" Tsukamoto Section 17-5-70. Solid Waste and Refuse Disposal. A. The storage, collection, transportation and disposal of garbage, refuse and recyclable materials shall be so conducted as to control odors, insects, rodents, accidents, fire hazards, air pollution, and at a frequency not to create a nuisance. B. Interior garbage and rubbish containers shall be easily cleanable. C. Discarded or waste material held for recycling or return shall be removed from the premises often enough to prevent the development of objectionable odors and the attraction of insects and rodents. D. Exterior garbage and rubbish containers shall be equipped with tight fitting covers, shall be easily cleanable, well maintained, and located away from food service areas and housing units. E. Exterior refuse containers shall be stored on a smooth surface or non-absorbent material, such as concrete or machine laid asphalt, or other cleanable surface. F. Solid waste shall be routinely collected and removed from the premises as often as necessary and disposed of at a lawful disposal facility. Section 17-5-80. Insect and Rodent Control. Rodents and insects shall be controlled by approved sanitary practices, vermin proofing of buildings, and other approved control methods, to maintain the facility free from vermin. Section 17-5-90. Housing. A. Space. All cells or sleeping areas in which inmates are confined shall conform with the following requirements. Unencumbered Space Type of Occupancy Per Occupant Single occupancy cell 35 square feet Multiple occupancy cell 25 square feet Multiple occupancy housing dormitory 25 square feet B. Furnishings. 1. Basic housing equipment shall be provided, including tables, chairs, beds, and storage for clothing and personal effects, and shall be easily cleanable, kept clean, and in good repair. 2. Sleeping facilities shall be provided for each occupant except where provision of same would be hazardous to an inmate. Sleeping facilities shall consist of beds, bunks, or cots complete with mattresses which shall be clean, in good repair, and so constructed as to afford reasonable comfort. I 111111111111111111III1111111111 HIE III 111111111 20021171 2952164 05/16/2002 04:25P Weld County CO 4 ORD2002-3 4 at 12 R 0.00 D 0.00 J.A. "Suki" Tsukamoto 3. Beds shall be spaced no closer than thirty-six (36) inches laterally or end to end, and double deck facilities shall be spaced not less than forty-eight (48) inches laterally or end to end. In cases of temporary overcrowding, multiple-occupancy cell and dormitory housing beds shall be configured to mitigate the spread of disease. There shall be a clear ceiling height above the mattress of not less than thirty-six (36) inches of clear space and twenty-seven (27) inches between mattresses of a double bunk. 4. Each inmate confined to a cell/room for ten (10) or more continuous hours daily shall be provided a sleeping area with the following: a sleeping surface and mattress at least twelve (12) inches off the floor; a writing surface and proximate area to sit; storage for personal items; and a place to store clothes. Each inmate confined to a cell/room for less than (10) hours daily shall be provided a sleeping area with the following: a sleeping surface and mattress at least twelve (12) inches off the floor; storage for personal items; and a place to store clothes. C. Day rooms. 1. Day rooms with space for varied inmate activities shall be provided contiguous to the inmate housing unit or dormitory. Day rooms shall provide a minimum of 30 square feet of space per inmate for the maximum number of inmates who use the day room at one time, and no day room shall encompass less than 100 square feet of space (exclusive of lavatories, showers, and toilets). 2. Day room furnishings shall be of appropriate design and shall be maintained in a clean and sanitary manner. D. Special Management Housing. 1. Segregation housing units shall provide living conditions that approximate those of the general inmate population, except where provision of the same would pose a serious threat to life, property, staff, the segregated inmate or other inmates. Section 17-5-100. Environmental Conditions. A. Adequate light and ventilation shall be provided by means of windows, skylights, or by artificial lighting and mechanical ventilation. B. Artificial lighting shall be provided throughout the penal institution. Cell, dormitories, toilet rooms, showers, and day rooms shall have light levels of at least thirty (30) foot candles. Service rooms, corridors, hallways, stairs, other exit ways, storage and utility areas shall have light level intensities of at least ten (10)foot candles. C. In new or remodeled facilities, the ventilation system shall supply at least 15 cubic feet per minute of circulated air per occupant with a minimum of five cubic feet per minute of outside air. Toilet rooms and cells with toilets shall have no less than four air charges per hour. 1111111111111111111III11111111111111111III1111111111111 _ 2002-1171 2952164 05/16/2002 04:25P Weld County CO 5 of 12 R 0.00 D 0.00 J.A. "Suki" Tsukamoto D. Temperatures in indoor living and work area shall be maintained at the appropriate summer and winter comfort zones. Indoor air temperatures of at least 61 degrees Fahrenheit during the coldest months and less than 86 degrees Fahrenheit in the warmest months shall be maintained. Section 17-5-110. Toilets, Lavatories, and Showers. A. Floors, walls and ceilings of all toilets rooms, shower rooms, and dressing rooms shall be smooth, easily cleanable, nonabsorbent, and shall be maintained in good repair and in a clean and sanitary condition. Floors in shower rooms or shower stalls shall have nonslip surfaces. Floors in toilet rooms, and shower dressing room shall slope to drain. B. There shall be toilets, lavatories and showers in each penal institution in the minimum numbers. Male Female Toilets One per cell or 1:10; and One per cell or 1:8; add one for each additional one for each additional 25 males over 10 20 females over 8 Showers 1:8 1:8 Over 150, add one per 20 Lavatories One per cell or 1:12; add One per cell or 1:12; add one for each additional one for each additional 15 20 males over 12 females over 12 Urinals* 1:25; over 150, add one fixture for each additional 50 males * For each urinal added in excess of the minimum required, one toilet may be deducted. The number of toilets shall not be reduced to less than two-thirds of the minimum required. Trough urinals are prohibited. C. No toilet space shall be less than thirty (30) inches in width, and there shall be not less than twenty-four (24) inches of clear space in front of a toilet. D. Shower heads shall be spaced at least thirty-six (36) inches apart with a minimum of nine (9) square feet of floor space for gang and straight line shower installations. E. Inmates shall have access to operable showers and lavatories with temperature- controlled hot and cold running water. Hot water for the showers shall be thermostatically controlled to temperatures ranging from 100 degrees Fahrenheit to 120 degrees Fahrenheit, plus or minus 3 degrees, to ensure the safety of inmates and promote good hygienic practices. 111111111111111111III It EMI 1111111 III 11111 IIII IIII 2002-1171 2952164 05/16/2002 04:25P Weld County CO ORD2002-3 6 of 12 R 0.00 D 0.00 J.A. "Suki" Tsukamoto F. Lavatories shall be provided with hot and cold running water. G. Lavatories shall be equipped with combination mixing faucets or mixing valves. H. Toilet paper, soap and single service towels or hand drying devices shall be provided in all common use or centralized toilet rooms that are not considered to be part of housing units. The use of common towels is prohibited. Drinking faucets shall be provided at a minimum ratio of one per cell block/level or in individual rooms and one in each day room. J. Utility sinks shall be provided at a minimum ratio of one per floor or one per hundred (100) inmates. Section 17-5-120. Personal Hygiene. A. Clean clothing, drinking cups, cloth towels, soap, toothbrushes, combs, toothpaste or tooth powder, toilet paper, and other personal articles as required, shall be available to each inmate for his/her individual use. Personal hygiene products shall be placed in a lined waste receptacle and disposed of in a sanitary manner in accordance with Section 17-5-70 of these standards. B. Inmates shall be permitted to bathe or shower at lest three (3) times per week or more often, if necessary, for personal cleanliness. C. Individual clean towels shall be available to each inmate. The use of common towels is prohibited. D. Hair cutting and shaving facilities shall be provided or made available and shall be maintained in a clean and sanitary manner. Common use of razors, brushes and cups is prohibited. E. Cleaning material, supplies, tools, and equipment needed for maintenance of the facility shall be provided and shall be stored in a separate room. Section 17-5-130. Bedding, Linen, and Clothing. A. Mattresses shall be maintained in good repair, and provided in a clean sanitary condition upon each change of occupancy. The mattress shall be constructed of easily cleanable material, and shall be cleaned and sanitized whenever soiled. B. All sheets, pillow cases, towels and wash cloths, and other linens and bedding shall be laundered with exposure to a water temperature of 140 degrees Fahrenheit or above unless an approved disinfectant is applied in the rinse cycle or the dryer uses heat above 140 degrees Fahrenheit as specified by the manufacturer. C. Inmates shall be issued suitable, clean bedding and linen and sufficient blankets to provide comfort under existing temperature controls. There shall be provisions for linen exchange, including towels and wash clothes at least weekly or when excessively soiled. 2002-1171 Mill IIIII HOIDEN 1111111111111111111111111 I I 7 ORD2002-3 2952164 05/16/2002 04:25P Weld County CO 7 of 12 R 0.00 0 0.00 J.A. "Suki" Tsukamoto D. Inmates shall have or be issued clean, well-maintained clothing as appropriate including, but not limited to: shirts and trousers or jumpsuit, undergarments, socks and shoes. E. Clean, well maintained special work clothing shall be provided when necessary to inmates assigned to food service or other special tasks. F. Inmate personal clothing shall be cleaned and disinfected when necessary and/or stored so as to control communicable diseases. Section 17-5-140. Food. A. Each local detention facility preparing food either off site of on site, or serving food shall obtain a license or a certificate of license as required by provisions of Section 25-4-1610(1)(b), C.R.S. B. Food service activities shall be conducted in conformance with applicable state and local codes. C. Food not prepared on site shall be obtained from approved sources and shall be transported and served in a approved manner. D. Food manufacturing, processing, and storage not subject to Section 24-4-1610(1)(b), C.R.S., shall be conducted in accordance with the requirements of 6 CCR 1010-13. Section 17-5-150. Medical. A. If the Medical Services Unit maintains National Commission on Correctional Health Care Accreditation, this exempts the facility from the following regulations. If the NCCHC Accreditation is not maintained, the following supplies and services are required. B. Medical services shall be available under the supervision of a licensed physician. C. Personal observation and inquiry shall be made of each inmate, upon admission, as to chronic illness, or physical disability, vermin infestation, or possible communicable disease that may require medical attention. Such medical attention shall be immediately provided as necessary. D. A personal health evaluation shall be provided within thirty (30) days following admission or as may be necessary because of an illness complaint, observable illness or an injury. E. The Medical Services Unit shall have available: 1. Basic first aid equipment and medical supplies, as recommended by the American Red Cross, including the following; adhesive bandages, adhesive tape, antiseptic towelettes, latex barrier gloves, triangular bandage, sponge dressing pads of assorted sizes, instant ice compress, fabric fingertip and knuckle bandages, island bandages, adhesive Telfa bandages, eye pads, povidone-iodine pads, alcohol cleansing pads, I 111111 IIIII 1111111 III III 1111111111111 III 11111 IIII IIII 2002-1171 2952164 05/16/2002 04:25P Weld County CO - 8 ORD2002-3 8 of 12 R 0.00 0 0.00 J.A. "Suki" Tsukamoto triple-antibacterial cream, conform bandage roll, scissors, tweezers, and an emergency blanket. 2. At least one staff member who has current certification from an American Red Cross Standard First Aid Course or equivalent shall be on duty. 3. A written policy and procedure for providing 24-hour emergency medical and dental care shall be kept in each facility. The plan shall include at least the following: a. Procedures for emergency on-call physician and dental services when the emergency medial facility is not located in a nearby community. b. A designated hospital emergency room or other appropriate health care facilities. F. Dental care shall be available for every inmate for relief of pain and control of infection under the direction and supervision of a dentist licensed in the state. G. Psychiatric aid and treatment shall be made available for emergencies or upon referral by the licensed physician in charge. H. Medications shall be stored in the original labeled container, separate from food, cleaning compounds and other toxic substances. If refrigeration is required, a separate refrigerator maintained for that purpose only, or an impervious, properly labeled, secondary container in a designated area of a refrigerator, separate from food and inaccessible to inmates, shall be supplied. Section 17-5-160. Flammable and Toxic Material Control. A. The use of poisonous compounds to control weeds, rodents, insects, and other pests shall be used according to labeled instructions. B. All food, food utensils, and equipment, bedding and other equipment, materials and items that will come in contact with food, staff, or inmates must be completely protected during the time pesticide application is being conducted. Pesticides shall be applied only in such a manner as to prevent skin contact and other exposure to inmates and staff. C. Only approved insecticides, rodenticides, and herbicides can be used. Application must strictly follow all label instructions and must be authorized by the appropriate authority. Rodenticides shall be dispensed in tamper proof boxes, must have a distinctive color so as not to be mistaken for food, and shall be in cake or pellet form. D. Restricted pesticides shall be applied only by a certified pest control applicator or under the direct supervision of a certified pest applicator. E. A current material safety data sheet shall be provided for all poisonous, toxic, or hazardous substances and shall be available upon request. 11111 1111111 III till 1111111111111 III 1111111111111 2002-1171 2952164 05/16/2002 04:25P Weld County CO ORD2002-3 9 of 12 R 0.00 D 0.00 J.A. "Suki" Tsukamoto F. Containers of poisonous or toxic materials shall be prominently and distinctly labeled for easy identification of contents. Poisonous or toxic materials shall not be transferred into food or drink containers. G. Poisonous or toxic materials shall not be stored or used in a way that could contaminate food, food utensils and equipment, or bedding. H. Toxic or hazardous materials shall be stored in approved containers, separated by reactive group and stored in a ventilated, locked, fore resistant area or cabinet. This requirement shall not pertain to quantities of materials that are stored for daily use. Sanitizers, cleaning compounds, or other compounds intended for use on food contact surfaces and body contact surfaces shall not be used in a way that leaves toxic residue on such surfaces. J. A written plan for response to a cleanup of chemical spills shall be provided by the penal institution. A copy of the plan shall be kept on file in a location from the areas where chemicals are stored. K. An easily accessible shower must be provided in each area where corrosives or irritating chemicals are used. L. In new or extensively remodeled areas an easily accessible operational shower, capable of providing continuous flowing water, shall be provided for each industrial, vocational, or other areas where corrosives or irritating chemicals are used. The shower can be centrally located so as to serve more than one area if doors are not locked, and convenient access is available. Section 17-5-170. Fire Protection. A. Protection from fire shall be provided by appropriate design, construction, and compartmentalization of facilities, and adequately trained staff, and development of operating, security, evacuation, and maintenance procedures. B. The local detention facility shall have documentation of an annual inspection by local or state fire officials or other qualified person(s) and of periodic testing of the fire detection system. Section 17-5-180. Holding Facilities. A. A holding facility shall comply with the requirements of these standards, except as otherwise provided in this chapter. B. Additional requirements may be imposed to protect against health hazards related to the operation of the holding facility. When no apparent health hazard will result, the Board of County Commissioners may waive or modify requirements of these standards. C. Holding facilities shall be exempt from complying with the provisions of Section 8. 1111111111111111111III It EMI HMI III111111III IIII 2002-1171 2952164 05/16/2002 04:25P Weld County CO ORD2002-3 10 of 12 R 0.00 D 0.00 J.A. "Suki" Tsukamoto • Section 17-5-190. Responsibility. A. Policies and practices shall be established at each local detention facility to insure proper environmental, occupational and personal health conditions for protection of the health and safety of the inmates and staff. B. A correctional officer, deputy sheriff, police officer, or other custodial personnel shall be available for inmates to contact in event of emergency, on a twenty-four (24) hour basis when the local detention facility is occupied by any inmate under confinement. C. A routine operational maintenance program shall be conducted to keep the local detention facility in a clean sanitary condition. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub-sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2002-3 was, on motion duly made and seconded, adopted by the following vote on the 6th day of May, A. D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CQLORtQO ATTEST: "''. _.f;l��/7//L�t I I� !! Glenn Vaad, Chair Weld County Clerk to the =.a 1861 y `' 4-w XCUSED ` s\° � avid E. Lo , Pro-Tem BY: Y • n��!!'t 's i3_ Deputy Clerk to the Bof'+r # f M. J. eile AP V DAS FO /le Yj -7 William H. Jerke unty Attorn y EXCUSED DATE OF SIGNING (AYE) Robert D. Masden 1 11111111111111111 III 11111111111111111 111 111111 III 1111 2952164 05/16/2002 04:25P Weld County CO 2002-1171 11 of 12 R 0.00 D 0.00 J.A. "Suki" Tsukamoto 1 ORD2002-3 Publication: March 13, 2002 First Reading: March 27, 2002 Publication: April 3, 2002, in the Tri-Town Farmer and Miner Second Reading: April 15, 2002 Publication: April 24, 2002, in the Tri-Town Farmer and Miner Final Reading: May 6, 2002 Publication: May 15, 2002, in the Tri-Town Farmer and Miner Effective: May 20, 2002 \II\ IIIII 11111111111 IIII\\lin III II\1II III lit 2952164 05116 25P Weld Saks" Td 12 12 of 12 R 0.00 D 0.00 J.A. 0 2002-1171 PAGE 12 ORD2002-3 Hello