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ORD 33783 - Amend chapter 12 of municipal code re health and sanitation : , , - t QµAHA,n, � !f U40.411,0k11November 21, 1995 0�1TeD FEB4Vr�y (r) C Hal D ub,Mayor of Omaha Honorable President `= �' o it Law Department and Members of the City Council, _'� Omaha/Douglas Civic Center =T% j-7 ..-10 1819 Farnam Street,Suite 804 ;7 ?' :a Omaha,Nebraska 68183-0804 ;f; 47- i 's (402)444-5115 The purpose of the attached ordinance is to amend Chapter 12 of the Omaha—. L.c, Telefax(402)444-5125 Municipal Code to repeal obsolete sections concerning disease control andY' Herbert M.Fitle radiation to state standards and conform provisions on water supply and delete City Attorney unnecessary language. These changes have been suggested or approved by the Health Department. These changes have been proposed as part of the recodification project. Your favorable consideration is requested. • Sincerely, Robert• . amer, Assistant City Attorney Referred to the City Council for Approved: Consideration: irecto ) Mayor's Off ce/Title P:\LAW\1428.MAF • 1 • • • • ORDINANCE NO. 1 AN ORDINANCE to amend Chapter 12,Health and Sanitation, of the Omaha Municipal Code; to 2 correct the definition of the county health department;to repeal obsolete sections concerning 3 disease control and radiation; to conform the provisions on water supply systems to state 4 standards; to delete unnecessary and duplicative language; and to provide the effective date 5 thereof. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: 7 Section 1. That section 12-1 of the Omaha Municipal Code is amended to read as follows: 8 Sec. 21-1. Definitions. 9 For the purposes of this chapter,the following words or phrases shall have the meanings respectively 10 ascribed to them: 11 Department or health department: The Omaha-Douglas County Health Department. 12 Director or health officer: The director of the health department or his authorized representative. 13 Section 2. That sections 12-41 through 12-72 of the Omaha Municipal Code are repealed 14 in their entirety: 15 16 It shall bc the duty of every physician in attendance of, and any person with knowledge of, a 17 communicable disease named in thc provisions of this article to report said case to thc health 18 director. 19 20 The following arc declared to bc communicable diseases and shall bc reported as required by the 21 22 Anthrax, 23 24 Brot ism,, 25 Brteellosis, 26 Chicken Pox, 27 Cholera, 28 Conjunctivitis (epidemic), • ORDINANCE NO. �7 73 PAGE -2- 1 , 2 3 , 4 Encephalitis-dal), 5 eiardiasis, 6 I Icpatitis (Viral), 7 , 8 Influenza(epidemic), 9 Leprosy, 10 , 11 Malaria, 12 Measles , 13 , 14 Mumps; 15 , 16 Plague; 17 Poliomyelitis, 18 Psittacosis, • 19 Q fever, 20 Rabies 21 22 Rubella(German Measles), 23 ra,___orcl,osis 24 25 Smallpux; 26 Tetanus; 27 Trachoma, 28 29 Tuberculosis; 30 Tularemia, 31 Typhoid Pev er, 32Pertussis-(-Wheopiug-eeugb-)Taftel 33 Yellow-Fever: 34 35 36 37 , 38 > 39 40 . ORDINANCE NO. 3 3 78 PAGE -3- 1 • 2 3 , 4 attended and the source of infection if known. 5 , 6 , 7 8 may from time to time be issued by the health department. All other persons being responsible for 9 10 11 . 12 13 , 14 , 15 , 16 17 • 18 19 , 20 quarantine and with reference to such other measures as may be necessary, in addition to those 21 a fort a 1 f id J 22 23 24 25 thereafter, and to state in such report the specific name and type of disease. 26 27 For the purposes of this division,the words "venereal diseases" shall include syphilis, gonorrhea, 28 • ORDINANCE NO. 33 PAGE -4- 1 2 3 , 4 take such action as seems necessary to secure this end. 5 6 A person shall be deemed as suspected of having a venereal discasc if he or she manifests the signs 7 and symptoms of the discasc, has a positive or reactive test for the disease, or is named as a contact 8 9 10 , 11 discasc shall make a report of every case under treatment within ten (10) days to the health 12 , 13 a complete record of each such case under his care. 14 15 16 , 17 , 18 19 20 21 , 22 have reasonable grounds, after proper investigation, to believe that any person within the city is 23 suffering from or infected with any infectious venereal discasc, and is likely to infect or to be a 24 , 25 26 27 28 , 29 30 31 32 33 , • • ORDINANCE NO. 33 223 PAGE-5- 1 , 2 i 3 4 , 5 6 treatment by a duly licensed physician engaged either by the infected person or by the health 7 8 , 9persort-shail-be-isolatedraftel-the-eattelitierts-thrteler-whieli-stith-iseletionTquarantine 10 .te treatment 31....11 be ter.....in,.te . 11 Sec. 69. Withdrawal of blood for test. 12 , 13 , 14 15 16 and cultures for the purpose of determining the presence of venereal disease. 17 Sec. 1 70. rail___.. fo_ 18 19 , 20 , 21 22 23 24 25 , 26 27 28 inter • ORDINANCE NO. , 3_745>__' PAGE-6- 1 Section 3. That section 12-92 of the Omaha Municipal Code is repealed in its entirety: 2 3 4 5 of health and conforming to all of the requirements of the United States Public Health Service. In 6 7 Section 4. That sections 12-111 through 12-113 of the Omaha Municipal Code are repealed 8 in their entirety: 9 10 For the purposes of this article, 11 respectively ascribed to them: 12 13 , 14 15 16 . 17 18 19 , 20 5cc. 112.Use rcstr_ctcd• 21 ,to-appir or 22 23 . 24 . 25 26 27 • 28 (b) Timepieces or other devic r ORDINANCE NO. _32613 PAGE -9- 1 (3) A private water supply system consisting of a well and/or a well pump and distribution 2 system shall be constructed so as to prevent contamination of the water during the process 3 of extraction from the well and while in transit to the point of use. 4 (4) A private water supply system shall be used and maintained so as to continue a relation-ship 5 with the surrounding environment which will assure that the above-mentioned sanitation 6 requirements shall be adhered to as long as the private water supply system is in use. 7 (5) Special use private water wells may include, but not be limited to, irrigation 8 wells,injection wells,extraction wells and wells designed for the express purpose of thermal 9 transfer. Special use wells shall be constructed in such a manner to exclude pollution or 10 contamination of underground water. 11 a. Wells designed for the express purpose of thermal transfer, including extraction and 12 injection of ground water, shall be constructed and maintained so as to exclude any 13 biological or chemical contamination. Thermal well systems shall be independent of 14 the drinking water supply system. 15 b. A single well designed for thermal transfer utilizing a closed system of recirculating 16 fluid shall use a nontoxic fluid. The use of nonpotable fluids such as ethylene glycol 17 is prohibited. 18 c. Private wells designed for thermal transfer where water is provided by a govern 19 mental subdivision shall be marked non-potable, and all piping and appurtenances 20 at points of use must be color coded yellow. Any cross-connection between a 21 municipal water supply and a private water supply well is prohibited. 22 d. Water pumped from a thermal transfer well(s) must be disposed of properly. This 23 may include lawn irrigation providing: 24 1. Water is confined to one's own property; 25 2. Water is not allowed to pond; 26 3. No health nuisance is created. 27 Disposal of water into a septic system is prohibited. 28 Sec. 12-117. Construction requirements for private water supply systems. 29 The following regulations, specifications and requirements shall be complied with in the 30 construction of private water supply systems: / • • ORDINANCE NO. 33,E PAGE -10- 1 (1) Prior to the construction of any private water well in the City of Omaha,plans 2 and specifications shall be approved by the Omaha-Douglas County Health Department and 3 the City of Omaha Division of Permits 4 and Inspections of the Planning Department. A permit for construction shall be obtained 5 from the Amaha-Douglas County Health Department only after plans and specifications have 6 been approved by both the Amaha-Douglas County Health Department and the 7 City of Omaha Division of Permits and Inspections 8 of the Planning Department. Plans and specifications shall be submitted on the private water 9 supply application forms furnished by the health department. 10 (2) All well casings shall be constructed of durable, watertight material so as to exclude 11 groundwater above the waterbearing stratum furnishing water to the well. 12 (3) When a well is cased with material which has a wall thickness greater than one-eighth inch, 13 is of seamless or welded construction, and can be joined by watertight joints, the upper ten 14 (10) feet of the completed well shall be sealed with puddled clay or cement grout to a 15 minimum of two(2)inches in thickness in the annular space between the well casing and the 16 drill hole. When a well is cased with material which is less than one-eighth inch in thickness, 17 tile casing or concrete casing, the upper ten(10) feet of the completed well shall be sealed 18 with cement grout to a minimum of five(5)inches in thickness in the annular space between 19 the well casing and the drill hole. 20 The use of phenol-bearing bonded fiber material for well casings is prohibited. 21 (4) Tile-cased wells shall project a minimum of twelve (12) inches above surrounding grade. 22 Backfill around the casing shall be raised and tapered so that surface runoff drains away from 23 the casing. 24 (5) Tile-cased wells shall be provided with a tightfitting, overlapping cover, secured in place. 25 A gasket which contains no phenol-bearing material is recommended between the top edge 26 of the tile and the cover. 27 (6) All wells constructed of tile casing shall be bailed to prevent bridging and voids in the 28 gravel-pack. 29 (7) When pumps and/or storage tanks are installed on the top of the well, 30 31 32 33 34 35 submersible or offset jet pumps arc used.they shall be installed in accordance with state law. ORDINANCE NO. 3 2 76E3 PAGE-11- 1 (8) The well casing shall project at least twelve(12) inches above the well platform or at least 2 twelve (12)inches above grade if no platform is required. 3 (9) The connection between the well casing and the pump shall be watertight and designed so 4 that leaks in the pump will be diverted to the sloping platform. The use of splitbase pumps 5 is prohibited. 6 (10) All reciprocating type pumps shall be equipped with a stuffing box or upper cylinder. 7 (11) Only self-priming pumps will be permitted. he use of pumps which require frequent priming 8 is prohibited. 9 (12) The installation of well heads and pumping and storage equipment in a pit directly over the 10 well is prohibited. Pits for housing storage facilities shall be located at least thirty (30) feet 11 from the well. No well shall be located nearer than ten (10) feet to a rc3idcntia' basettient 12 structure. 13 (13) All plastic pipe fittings and appurtenances used in private water supply systems shall bear 14 the seal of approval of the National Sanitation Foundation for plastic materials,pipe, fittings 15 and appurtenances for potable water supplies. 16 (14) There shall be no sewer located nearer than ten (10) feet from the well. Any sewer located 17 between ten(10)and fifty(50)feet from the well shall be constructed so as to be water-tight 18 when subjected to a hydrostatic test of ten(10)feet of water. 19 (15) Discharge lines shall connect to the well at a depth of at least five(5)feet and shall be placed 20 at a depth of at least five(5) feet from the well to a point inside or under the house. 21 (16) Wells which will no longer be used as a source of water supply shall be closed to prevent the 22 entrance of surface water, filth or any other substance that might pollute or contaminate the 23 groundwater. The casing may be withdrawn, if desired, and the well filled with sand to a 24 distance of five (5) feet above the water level. The balance of the distance to the ground 25 surface shall be filled with clean earth, firmly tamped. If all the casing is not removed, it 26 shall be cut away below the ground surface and the above filling procedure carried out. 27 (17) The drilling of test holes shall be exempted from the requirements of these regulations. Test 28 holes shall be plugged in such a manner as to prevent the entrance of surface water or any 29 other material that might pollute or contaminate the groundwater. 30 (18) The use of any well for the disposal of sewerage, liquid or solid waste, rubbish, garbage or 31 any other waste material is prohibited. t 9 l ORDINANCE NO. 33 Z?3 PAGE -12- 1 (19) No well shall be constructed which will permit the extraction of water from the ground at a 2 depth of less than thirty (30)feet. 3 (20) No well shall he left unprotected or open prior to completion. 4 Section 6. That section 12-119 of the Omaha Municipal Code is amended to read as follows: 5 Sec. 12-119. Permit fee. 6 The fee for a permit to construct a private water well shall be eighty-three-dollars 7 ($83.00)set by the Douglas County Board and payable to the Douglas County Health Department. 8 The above fee shall include multiple wells at one(1) site. 9 Section 7. That section 12-122 of the Omaha Municipal Code is amended to read as follows: 10 Sec. 12-122. Distribution system; compliance with metropolitan utilities district standards. 11 In the design, construction and installation of private water distribution systems for subdivisions, 12 all water mains,valves, fire hydrants,house connections and other appurtenances shall comply with 13 the applicable standards of the Metropolitan Utilities District, Omaha, Nebraska. All house 14 connections shall be inspected by and meet the approval of the 15 planning department. 16 Section 8. That section 12-123 of the Omaha Municipal Code is amended to read as follows: 17 Sec. 12-123. Penalty for violations. 18 Any person, who violates any of the provisions of the article shall,upon 19 conviction, be punished as provided in section 1-10 of the Code. 20 Section 9. That section 12-124 of the Omaha Municipal Code is repealed in its entirety: 21 . 22 , 23 or the application thereof to any person or circumstance is held invalid, unenforceable or 24 , 25 . 26 Section 10. That sections 12-1, 12-41 through 12-72, 12-92, 12-111 through 12-113, 12-114 27 through 12-117, 12-119, 12-122, 12-123 and 12-124 of the Omaha Municipal Code as heretofore 28 existing are hereby repealed. ORDINANCE NO. .33 PAGE -13- 1 Section 11. That this Ordinance shall be in full force and take effect fifteen days from and 2 after the date of passage. INTRODUCED NCILMEMBER gee-- l APPROVE . 7r---- 1g9� MA R OF E CITY OF OMA 6 PASSED jAN 9 TTEST: CI C OFT E CITY OF O AHA APPROVE TO FO . 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