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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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.
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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.
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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.
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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.
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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.
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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.
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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.
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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,
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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.
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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.
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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
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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
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