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WC CWF Health District Board Minutes - 10/28/2011WICHITA FALLS - WICHITA COUNTY PUBLIC HEALTH BOARD MINUTES October 28, 2011 Wichita Falls- Wichita County Public Health District 1700 Third Street - Parker Conference Room Wichita Falls, Texas MEMBERS PRESENT: Richard Sutton, M.D., Chair Bryan Press, Vice Chair Robin Moreno, M.T., Secretary Clay Clark, D.V.M. David Carlston, Ph.D. Tracy Hill, D.D.S. Lauren Jansen, Ph.D. MEMBERS ABSENCE EXCUSED: None Lou Franklin, R.N., B.S.N. Not Present Glen Minter, M.D. Kevin Hugman Not Present Not Present Board Members 1 Director of Health Assistant Director of Health Associate Health Authority Assistant City Manager Council Liaison County Judge I. CALL TO ORDER S INTRODUCTIONS Chair Dr. Sutton called the Board of Health meeting to order at 12:15 pm after a quorum of members was attained. II. APPROVAL OF AUGUST MEETING MINUTES AND ABSENCES Dr. Sutton called for the review and approval of minutes from the last meeting held on August 26, 2011. Bryan Press introduced a motion to approve the minutes as presented and Dr. Hill seconded the motion. Motion passed unanimously. At this time it was noted all members were in attendance. Dr. Sutton suggested meetings begin earlier, after discussion all agreed to change the start time from 12:15 pm to 12:00 pm. III. TATTOO ORDINANCE REVISIONS Susan Morris, Environmental Health Administrator, stated a need to review the tattoo ordinance was prompted by a call from a tattoo parlor operator concerned over several ordinance requirements. The basic changes in the tattoo ordinance are: 1) addition of a body art apprenticeship program, 2) cosmetic artist restricted license requirements, and 3) temporary body art events and guest artists. Tattoo artists supplied feedback at the meetings held to discuss the purposed ordinance changes. The tattoo artists do want to work together to be acknowledged as a profession of professionals. Present was Kris Howcroft the City Attorney who reviewed and revised both the tattoo and grease trap ordinances. First is the body art apprenticeship program as follows. Sec. 26 -813. Apprenticeship program (a) A person interested in learning the profession of body art make an application to the Director of Health for a body art apprentice license. An application for a body art apprentice license shall contain: 1) Name 2) Date of birth 3) Sex 4) Residence 5) Mailing address 6) Home phone number 7) Proof of attendance at a bloodborne pathogen training program, given or approved by the department 8) An apprenticeship agreement signed by both the sponsor and the person applying to be an apprentice 9) Proof of the completion of any other requirements the director shall deem necessary prior to allowing the person to become an apprentice. (b) An apprenticeship agreement shall not be sufficient for the purposes of this article unless it contains: 1) The name, operator license number, and place of employment of the sponsor 2) All locations where the apprentice will participate in training 3) The duration of the apprenticeship to be for a period of at least one year 4) Whether the apprentice will be paid during the apprenticeship and whether the apprentice will be an employee or an independent contractor 5) A statement that both the apprentice and the sponsor agree to comply with all applicable state and local laws regarding body art (c) No body art operator shall sponsor more than two apprentices at any given time. (d) When performing body art an apprentice will clearly identify himself to the client and the client's parent, managing conservator or guardian if the client is a minor and shall have the client sign a written statement demonstrating the client's awareness that the body art procedure will be performed by an apprentice. (e) The director is authorized to promulgate such rules as shall be reasonable and necessary to cany out a body art apprenticeship program. The basic expectation guidelines for apprentices to become tattoo artists need to be written then reviewed with those tattoo artists interested in the apprentice sponsorship. Wichita Falls, Texas, Code of Ordinances Chapter 48. FEES ARTICLE V111. Health Department Fees Sec. 48-86. Body Art Fees (a) Annual body art establishment permit fee: $600.00. (b) Initial annual body art operator license fee: $500.00. (c) Renewal annual body art operator license fee: $100.00. (d) Initial testing fee: $100.00, which covers two attempts to pass the examination, and which amount will be credited toward the initial annual body art operator license fee. (e) Additional attempts to pass the examination: $50, which will not be credited toward any license or permit fees. (f) Apprenticeship fee: $100.00. FA (g) Temporary tattoo artist fee: $100.00. Next the cosmetic tattoo operator's inability to pass the tattoo artist exam has generated major complaints; since they do not have the same intensive training as the tattoo artist. Just as done with tattoo artists, the individual submits an application with proof of school attended then research is done on the school type, curriculum, a background check, and letters of recommendation from whom they trained with. Upon application verification an approved cosmetic tattoo exam is administered. According to the Texas Department of State Health Services website, intradermal cosmetic studios, sometimes referred to as permanent makeup studios, are now common in Texas; permanent makeup generally is applied to the eyebrows, lips, and lids. Some studios use traditional tattoo equipment while others use a one time use pre - sterilized disposable pen -type device that works on the same principal. A cosmetic tattoo school is permitted as a tattoo parlor by the State of Texas; they are not differentiated. The cosmetic tattoo operator does not acquire the same training, with no State regulations strict specifications are needed to define and allow only cosmetic tattooing. Last is tattoo artists requested the allowance of 14 -day temporary events with guest artists that the present ordinance prevents, but the events are allowed by State law not to exceed 7 days. In the allowance, a tattoo parlor would sponsor the temporary event with each guest artist charged $100. Once the credentials are verified, a temporary license would be issued to the artist to tattoo in Wichita Falls for no longer than 7 days consistent with the State law. A temporary event would be allowable under the parlor permit at no charge to the parlor pending upon inspection certain standards and guidelines are followed such as a water source and sterilized equipment. Since the last tattoo ordinance revision 5 -6 years ago, local artists continue to request temporary events in the community with guest artists. The revision would strengthen the customer citizen relations and generate local revenue. Lou Franklin asked the Board to recommend or not recommend the revisions to the City Council. Dr. Sutton requested a motion to table the ordinance revision in order to establish guidelines for the temporary events to be presented at a later date for the Board's review. The motion was made to table the ordinance by Dr. Jansen and seconded by Dr. Hill. Motion passed unanimously. IV. GREASE TRAP ORDINANCE REVISIONS Jennifer Chewens, Laboratory Administrator, gave a brief overview of proposed changes to the grease trap ordinance. Revisions will to be reviewed in their entirety at the next meeting. Lou Franklin stated the City of Wichita Falls had several sewer overflows caused by grease in the sewer lines. With no ordinance in place, the City faced sanctions from the State of Texas, and $10,000 a day fines to initiate control of the problem a grease ordinance was developed. The first update is to remove the requirements for grease interceptors that included the construction requirements with all the rule particulars that did not allow the use of new technology. With the removal, it allows use of new technology anticipated to save the customer money. Section 106 -1006. Grease interceptors construction. The grease interceptor construction revision will not allow the installation of communal grease interceptors. New facilities shall be required to install individual grease interceptors. Facilities that presently utilize a communal grease interceptor shall be permitted to continue to do so, but may elect to install an individual grease interceptor. If a new food court is proposed in a mall, or existing food court is proposed to be expanded in a mall, each food service facility shall have a monitoring port. A sample port is going to be installed on the 3 effluent line of each grease interceptor. The port shall be installed so as to be protected from storm water contamination and maintained in a safe and proper operating condition. Section 106 -1008. Control authority determinations. The LabNVater Pollution Administrator as the control authority was given more authority. (a) If the control authority determines that there is a need for installation or upgrading of sample ports or grease interceptors on an existing facility, or that there is a need to increase the frequency with which a grease interceptor is cleaned or serviced, the control authority may issue an order to that effect. The control authority may waive the requirement for a grease interceptor provided the generator can verify no grease is discharged into the publicly owned treatment works (POTW) and the facility has no floor drains. The verification and any required testing shall be done to the control authority's specifications and at the generator's expense. (d) If the control authority determines that a generator is causing a chronic problem, that generator shall install an external grease interceptor designed to retain at least one thousand (1000) pounds of grease. The external grease interceptor shall be connected to all grease contributing equipment, including, but not limited to three - compartment sinks, mop sinks, dish machines, pre -rinse disposals, food grinders, and floor drains. (1) The control authority shall contact the generator causing a chronic problem in writing. The generator shall take steps to resolve the chronic problem within thirty days of the hand - delivery or certified mailing of the notice (e) If an inspection finds a grease interceptor to be full, immediate steps shall be taken by the generator to evacuate and clean the interceptor. The inspector shall make an evaluation of the advisability of allowing discharge to continue, and may order an immediate cessation of all discharge from the facility. Sec. 106 -1011. Grease recovery devices. (a) It shall be unlawful to utilize a grease recover device unless the generator holds a grease interceptor permit for the device. (b) Grease from grease recovery devices shall. (1) Be stored on premises in an integral recovered grease container, (2) Be stored in such a manner as to minimize odors and insects; (3) Not be mixed with edible grease; and (4) Be removed only by a permitted transporter. (c) Recovered grease shall not be stored on- premises longer than two weeks. (k) Self - cleaning. (1) The control authority may permit the service and cleaning of a grease interceptor by the generator who owns or operates it under the following conditions: (A) The grease interceptor must be capable of retaining at least thirty (30) pounds of grease. (B) The grease must be stored on premises in an integral recovered grease container in such a manner as to minimize odors and insects, not be mixed with edible grease, and be removed only by a permitted transporter. (C) Recovered grease shall not be stored on- premises longer than two weeks. (D) A maintenance log shall be kept by self - cleaning generators that indicates, at a minimum, the following information: i. Date the grease interceptor was serviced; ii. Name of the person servicing the grease interceptor; iii. Waste disposal method used; iv. Amount of grease removed; and v. The signature of the person servicing the interceptor after each cleaning certifying that all grease . was removed and disposed of properly, the grease interceptor was thoroughly cleaned, and that all parts were in operable condition. (2) Written request for authorization to self -clean must be submitted annually to the control authority for 4 approval. The written request shall include the following information: (A) The generator name and street address; (8) The name, title, and phone number of the generator's representative responsible for the self - cleaning, (C) A description of maintenance frequency, method of disposal, method of cleaning and size of the grease interceptor, and (D) A signed statement that the generator's representative shall maintain records of waste disposal and produce them for compliance inspections. (3) Violation of any grease interceptor regulation subjects a generator to removal from the self - cleaner program at the discretion of the control authority. Section 106 -1024. Authorization. Gives authorization to the control authority for the final decision. Lou Franklin asked for the Board to review the ordinances that both would be brought back at the next meeting. V. NEXT MEETING DATE The Board members preference was to move the next meeting date of December 16 to a January date. After the review of available January dates the members will be sent an e-mail notification of the specified date. VI. ADJOURN Bryan Press requested a motion to adjourn. The motion was made by Dr. Clark and seconded by Dr. Jansen. The motion carried and the meeting was adjourned at 1:15 p.m. te��ewl`l l . Richard Sutton, M.D., Chair, Bryan Press, Vice Chair, or Robin Moreno, M.T., Secretary Public Health Board »1 RECEIVED IN -E ,,IT-Y CLERK'S OFFIC : RATE - 4. �-- -- TIME: