For the purpose of this article, all terms used herein shall
be interpreted as follows:
(1)
Air contaminant
means particulate matter, dust,
fumes, gas, mist, smoke, vapor or odor, or any combination thereof,
produced by processes other than natural.
(2)
Air pollution
means the presence in the atmosphere
of one or more air contaminants or combinations thereof, in such concentration
and of such duration as are or may tend to be injurious or to adversely
affect humans, animal life, vegetation or property, or as to interfere
with the normal use and enjoyment of animal life, vegetation or property.
(3)
Communicable disease
shall mean an illness
that occurs through the transmission of an infectious agent or its
toxic products from a reservoir to a susceptible host, either directly,
as from an infected person or animal, or indirectly through an intermediate
plant or animal host, a vector, or the inanimate environment.
(4)
Comfortable temperature zone
means a range
of indoor room temperatures within which children and adults are not
expected to suffer excessive heat loss or excessive heat gain. For
purposes of this article, comfortable temperature shall mean no less
than 71° F and no more than 81° F as measured in the center
of the occupied room.
(5)
Control measures
means those actions required
by the health authority to abate or minimize health hazards. Control
measures include, but are not limited to, the following: immunization,
detention, restriction, disinfection, decontamination, isolation,
quarantine, chemoprophyllaxis, preventive therapy, ventilation, removal,
disposal, destruction, repair, replacement, and evacuation.
(6)
Health authority
shall mean the Director of
Health of the City or his designated representative.
(7)
Health hazard
shall include the existence of
one or more of the following conditions in a manner, in a place, in
a concentration, in a combination, or in a duration that human or
animal disease or injury is likely if the hazard is not abated: harmful
concentrations of stinging insects of the Order Hymenoptera; communicable
diseases (as specified by the health authority); human pathogens;
infectious material; poison ivy, poison oak, or poison sumac within
fifty (50) feet of an occupied residence; human ectoparasites; harmful
chemical agents; air contaminants in hazardous or nuisance concentrations;
improperly stored or utilized chemical substances; and physical facilities
or equipment in a condition likely to result in human injury or disease
transmission.
(8)
Health order
means a written document from
the health authority provided to a person responsible for abating
or minimizing a health hazard which specifies control measures and
one or more compliance dates.
(9)
Institution
shall mean any building or facility
primarily utilized to house, instruct, or to care for children or
adults. Institutions shall include, but not be limited to, nursing
homes, public or private schools, and child day-care centers.
(10)
Public place
shall mean all or any portion
of an area, land, building, vehicle, or conveyance that is not used
for private residential purposes, regardless of ownership. Public
places shall include, but not limited to, government buildings, industries,
commercial and retail businesses, motels, hotels, schools, child-care
facilities (other than single-family homes), and motor vehicles.
(Ordinance 5544, sec. 1, adopted 3/20/01)
A person commits an offense:
(1)
If he
causes, suffers, allows, or permits the emission or discharge of an
air contaminant which will cause air pollution; or
(2)
Fails
to comply with a health order.
(Ordinance 5544, sec. 1, adopted 3/20/01)
(B)
When
the health authority has confirmed the existence of a health hazard,
the owner, occupant, or person-in-charge shall be issued, in writing,
a list of control measures that will abate or minimize the health
hazard. The control measures, and the compliance period for their
completion, will be contained in a written health order.
(Ordinance 5544, sec. 1, adopted 3/20/01; Ordinance 6330, sec. 14, adopted 7/21/09)
A person commits an offense:
(1)
If he
allows any room within an institution occupied by one or more persons
to have an indoor air temperature outside the comfortable temperature
range.
(Ordinance 5544, sec. 1, adopted 3/20/01)
(A)
If the
health authority determines there is an inherent probability that
a certain business occupancy, including but not limited to, nail salons,
woodworking facilities, and pet grooming shops, will produce air contaminants,
and commit an offense under this article, the health authority may
require control measures, including, but not limited to, ventilation
systems, odor barriers or other construction systems to eliminate
air pollution.
(B)
The
health authority may require cleanable and durable room finishes in
certain nonfood commercial facilities, including but not limited to,
veterinary clinics, pet grooming shops and auto repair facilities
that use the spraying or splashing of water for cleaning purposes
in their operation.
(C)
The
business owner or operator shall comply with a health order issued
under the authority of the section.
(Ordinance 5544, sec. 1, adopted 3/20/01)
