5-ITB-26-00150 Attachment A.pdf

Secs. 28-74—28-104. - Reserved.

ARTICLE III. - HAND SANITIZERS IN PORTABLE RESTROOMS

Sec. 28-105. - Short title.

This article shall be known and cited as the "Hand Sanitizer Ordinance."

(Ord. No. 05-8, § 1, 6-17-2005)

Sec. 28-106. - Declaration of intent.

The Board of County Commissioners of Hillsborough County, finds and declares that the requirement that every portable restroom, as such term is defined below, placed in service in Hillsborough County have an operable hand sanitizer dispenser containing sanitation liquid, affixed to the inside of the portable restroom or immediately adjacent to the portable restroom, is a reasonable regulation related to the health, welfare, and safety of the residents of Hillsborough County.

(Ord. No. 05-8, § 2, 6-17-2005)

Sec. 28-107. - Definitions.

For purposes of this article, the following defined terms shall have the meaning ascribed to them in this section. No attempt is made to define ordinary words which are used in accordance with their established dictionary meaning, except when necessary to avoid misunderstanding. Defined terms are capitalized in this article for ease of reference.

Code Enforcement Ordinance means the Hillsborough County ordinance or ordinances which provide for enforcement of codes and ordinances pursuant to the authority granted to charter counties in F.S. Ch. 162, which, at the time of enactment of this article, is Hillsborough County Ordinance No. 05-5.

Code Inspector or code inspector means any authorized agent or employee of Hillsborough County whose duty it is to ensure compliance with the codes and ordinances of Hillsborough County, including but not limited to this article.

Department means the Hillsborough County Department designated by the County Administrator to receive the filings required by Section 28-108(b).

Hand Sanitizer Dispenser means an apparatus which contains an instant liquid hand sanitizer solution.

Mobile Restroom Trailer means a transportable mobile trailer containing one or more portable restrooms.

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(a)

(1)

(2)

(3)

(4)

(b)

(1)

Ordinance or Hand Sanitizer Ordinance means Hillsborough County Ordinance No. 05-8, as amended from time to time.

Portable Restroom means a transportable, self contained static or flush-type toilet constructed to promote a sanitary environment at remote locations, building sites or special events, comprised of at least a waste storage receptacle, a riser and toilet seat and a protective enclosure.

Responsible Party means any person or entity, whether an owner, lessee, contractor or other responsible person, who exercises control over, or responsibility for, the placement of, or causes to be placed into service, a Portable Restroom or Mobile Restroom Trailer in Hillsborough County, including but not limited to a Special Event Organizer and the portable restroom service provider, contractor, or owner.

Special Event Organizers means the individuals and/or entities responsible for filing the signed contract or facsimile copy thereof of the portable restroom service company with the Florida Department of Health, as required by Section 64-E-6.0101(7)(d), F.A.C.

(Ord. No. 05-8, § 3, 6-17-2005; Ord. No. 06-23, § 1, 9-11-2006)

Sec. 28-108. - Hand sanitizer requirements and filing of certain documentation with Hillsborough County.

Hand sanitizer requirements.

Every Portable Restroom and Mobile Restroom Trailer placed in service and/or utilized in

Hillsborough County on or after the effective date of this article (June 17, 2005), which does not have a working handwashing facility located either within the Portable Restroom or

Mobile Restroom Trailer, as applicable, or in an area immediately adjacent to the Portable

Restroom or Mobile Restroom Trailer, shall have an operable Hand Sanitizer Dispenser containing an instant hand sanitation liquid, affixed to the inside of the Portable Restroom or

Mobile Restroom Trailer or located outside the Portable Restroom or Mobile Restroom Trailer in an area immediately adjacent to the Portable Restroom or Mobile Restroom Trailer.

The Hand Sanitizer Dispenser must be maintained in good working order and must be monitored to ensure the Hand Sanitizer Dispenser is operable and contains sanitation liquid at all times.

In the event the Hand Sanitizer Dispenser becomes inoperable, freestanding dispensers of hand sanitizer liquid shall be placed in each Portable Restroom or Mobile Restroom Trailer until the inoperable Hand Sanitizer Dispenser is repaired or replaced.

It is the obligation of each Responsible Party to ensure compliance with the requirements of

Subsections (a)(1) through (3) of this section.

Required filing of certain documentation with Hillsborough County.

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(2)

To facilitate the efficient enforcement of this article and effectuate thereby the protection of the public health, safety and welfare, at least three working days prior to the opening date of any special event in

Hillsborough County, the Special Event Organizers shall file, or cause to be filed, with the department, a copy of the signed contract with the Portable Restroom service company providing the Portable Restrooms for the special event.

To the extent any of the following information is not clearly discernable from the signed contract, the Special Event Organizers shall provide in writing to the Department concurrently with provision of the signed contract referred to in Subsection (b)(1) of this section, the name, address and telephone number of the Special Event Organizers, the scheduled date(s), hours of operation, and location of the special event, and the name, business address and telephone number of the Portable Restroom service company providing the Portable

Restrooms for the special event.

(Ord. No. 05-8, § 4, 6-17-2005; Ord. No. 06-23, § 2, 9-11-2006)

Sec. 28-109. - Compliance with State law.

Nothing in this article shall be construed to permit Hand Sanitizer Dispensers or hand sanitizing liquid to be used in lieu of handwashing facilities in violation of state law. Where state law requires Portable

Restrooms to have available handwashing facilities, the requirements of this article shall be in addition to, and not in lieu of, the handwashing facilities requirements of state law.

(Ord. No. 05-8, § 5, 6-17-2005)

Sec. 28-110. - Application of other standards or requirements.

In all instances where Florida law or rules adopted thereunder mandate standards or requirements that are more restrictive and conflict with the provisions of this article, that law or those rules shall govern.

(Ord. No. 05-8, § 6, 6-17-2005)

Sec. 28-111. - Severability and applicability.

Should any section, sentence, clause, part, or provision of this article be declared by a court of competent jurisdiction to be invalid, unconstitutional, inoperative or void, such holding shall not affect the validity of the remainder of this article. If this article or any provision thereof shall be held to be inapplicable to any person, property or circumstance, such holding shall not affect its applicability to any other person, property or circumstance.

(Ord. No. 05-8, § 7, 6-17-2005; Ord. No. 06-23, § 3, 9-11-2006)

Sec. 28-112. - Inspections, violations, and civil enforcement procedures.

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(a)

(b)

(1)

(2)

(3)

(4)

(5)

(c)

Inspections. A Code Inspector may conduct inspections to ensure compliance with the requirements of this article.

Violations.

Any Responsible Party who fails to ensure compliance with Section 28-108(a)(1) through (3) shall be in violation hereof.

Any Special Event Organizer who fails to timely provide the Department with the information required by Section 28-108(b)(1) or (2) shall be in violation hereof.

Any Responsible Party or Special Event Organizer who fails to cure a violation of this article within the time period specified in the notice of violation provided to such Responsible Party or Special Event Organizer, shall be considered to have committed a repeat violation of this article by such failure.

A Responsible Party or Special Event Organizer who has received notice of a violation of this article and, after the time to cure such violation has lapsed, again violates this section at the same, or a different location, shall be considered to have committed a repeat violation, regardless of whether the prior noticed violation was timely cured.

In addition, any violation of this article by a person or entity who or which has previously been found, through a code enforcement board, special magistrate, or any other quasi-judicial or judicial process, to have violated, or who has admitted violating the same provision, of this article within five years prior to the violation, notwithstanding the violations occur at different locations, shall constitute a repeat violation of this article by such person.

Civil enforcement procedures. This section shall be enforced in accordance with the Code

Enforcement Ordinance, the content of which is incorporated by reference herein.

(Ord. No. 05-8, § 8, 6-17-2005; Ord. No. 06-23, § 4, 9-11-2006)

Secs. 28-113—28-137. - Reserved.

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