HomeMy WebLinkAboutBoard of Health April 3 2007WHATCOM COUNTY COUNCIL
Board of Health
April 3, 2007
Council Chair Carl Weimer called the meeting to order at 10:34 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner None
Dan McShane
Sam Crawford
Seth Fleetwood
Laurie Caskey - Schreiber
L. Ward Nelson
1. PUBLIC SESSION
No one spoke.
2. ONSITE SEWAGE ORDINANCE -OSS HOMEOWNER EVALUATION
John Wolpers, Health Department, stated that since the ordinance was adopted, staff
met with Councilmember Brenner about new language to allow homeowners to do some of
their own inspections. He read the proposed changes to the language from the Board of
Health packet. The original language was more stringent in areas that pose an increased
risk to public health. The new language allows the County to start a baseline by requiring
the first inspections to be done by an operations and maintenance (0 &M) specialist, and
then the homeowners for the next five years, with training. At the sixth year, the inspection
would again have to be done by an 0 &M specialist.
Crawford asked if that inspection cycle repeats. Wolpers stated it does. For gravity
systems, an inspection has to be done every three years, according to the State mandate.
Anyone with more technical systems have to do annual inspections, so the homeowner
could do the inspection in years two through five.
Crawford asked about owner noncompliance. He asked if an owner, when
inspecting, must file a report, and what happens when a report isn't filed or it's filed
incorrectly. Wolpers stated that the owner must file a report. A homeowner will be
noncompliant if the report says the system works, but there are actually reported problems.
Regina Delahunt, Health Department Director, stated they may do some spot checks.
When doing the inspection, homeowners may need to fix something. If they don't fix
problems, then a specialist would be required to do the inspections from then on.
Nelson asked how much the class will cost homeowners, whether that course fee is
paid only once, and how the education piece changes if the property sells. Delahunt stated
they haven't figured out the process. One idea is that the homeowner inspection report
would include a copy of the homeowner's certificate proving that the homeowner took the
class. The County will have to charge a fee for the class that is the County's cost.
$200.
Wolpers stated the Washington Onsite Sewage Association classes are about $150 to
Board of Health, 4/3/2007, Page 1
I Delahunt stated she's not sure that they would require a refresher class.
2
3 Brenner stated that if the rules change, the homeowners would be notified that they
4 have to have an update, but not an entire class. Skagit County offers the class at a fee of
5 less than $100. Delahunt stated they would have to evaluate the cost.
6
7 McShane asked if licensing of an O &M specialist is from the State. Wolpers stated
8 the counties issue licenses, but the State is working on a statewide license. Whatcom
9 County currently has six who are licensed.
10
11 Delahunt stated the department intends to do quality assurance on the specialists to
12 make sure they are doing an appropriate job.
13
14 Wolpers stated include in section D specific scenarios when a homeowner would not
15 be allowed to do their own inspections. He read section D.
16
17 Caskey- Schreiber asked if homeowner inspections would be allowed in areas of
18 increased public health risk, which the Public Health Advisory Board is against. Wolpers
19 stated homeowner inspections would only be allowed for areas that meet the criterion in
20 subsection D.3.
21
22 Caskey- Schreiber stated the Board of Health should add a section D.4 to not allow
23 homeowner inspections in areas with increased public health risk. Delahunt stated the
24 State identifies those areas, which include shellfish protection districts and the Lake
25 Whatcom watershed. A good portion of the county would fall under those areas, because of
26 the magnitude of the shellfish protection districts. All those areas would be defined in the
27 management plan, which will come forward in July. They are defined in the State code.
28
29 Weimer stated the State law was passed to protect marine recovery areas. He asked
30 if the County is only required to do this in marine recovery areas and not the entire county.
31 Wolpers stated that's not his understanding. The County is looking at any areas that pose
32 an increased risk to public health.
33
34 Delahunt stated there is a list of such areas that include more than just marine
35 recovery areas.
36
37 Weimer stated the increased public health areas aren't defined. Wolpers stated the
38 Department of Health has a guidance document to help local counties develop their
39 regulations. One chapter in the guidance document is about the marine recovery areas.
40
41 Weimer asked if the management plan will further define the homeowner classes and
42 0 &M specialist licensing requirements and classes. Wolpers stated everyone in the 12 Puget
43 Sound counties is asking those same questions. They don't have answers. Whatcom
44 County is looking at forming a homeowner class. The Bellingham Technical College may be
45 willing to host a class. A homeowner class would not be the same as an O &M Specialist
46 class, which would be more intense.
47
48 Weimer asked if homeowners would take a class and do their neighbor's systems for
49 cheap.
50
51 Brenner stated that in other counties, the licensed specialist takes responsibility for
52 all the systems, and must also have at least two years of experience. Most homeowners
53 will not go into the business for two years, just to do their own systems. Homeowners can
54 do more complicated systems. One option is to have two types of homeowner classes, a
55 gravity class and a more complicated class. Homeowners would only be allowed to inspect
56 their own systems.
Board of Health, 4/3/2067, Page 2
1
2 Crawford asked if the horizontal and vertical separation criteria exist on older
3 systems more than 20 years old. Wolpers stated they do. They are talking about repairs
4 that would have occurred.
5
6 Delahunt stated that this only applies to new repaired systems, not old systems that
7 are working.
8
9 Crawford stated the language doesn't say that. Delahunt submitted revised
10 language (on file).
11
12 Caskey- Schreiber stated she is opposed to having a homeowner do inspections for a
13 real estate transaction. Delahunt stated that currently, homeowners aren't allowed to do
14 any inspections.
15
16 ]an Hanson, 1167 Harrison Lane, Drayton Harbor Shellfish Protection District
17 member, stated clearly define the areas of increased public health risk.
18
19 Lyle Smith, 1680 Ten Mile Road, Everson, stated he's never had a problem with his
20 septic tank. He wants to know how many people have had septic tank problems. He takes
21 care of his system. Everyone in Whatcom County wants a good system that works. He
22 wants to know how much it will cost to have a licensed inspection. Don't let the State
23 mandate this regulation.
24
25 Mel Marcoux, 6128 Kickerville Road, stated he maintains his own septic system. He
26 has taken courses in and has managed sewage treatment. The requirements are excessive.
27 The proposed fee for the class is too much. Homeowners should have the freedom to get
28 the best deal. The shellfish problems have been blamed on septic tanks. That is wrong.
29 The problem is from cow manure, which is sprayed on the ground's surface. Septic tanks
30 and porta- potties that are pumped are also sprayed on fields, and then the fields flood. He
31 asked what constitutes a failure.
32
33 Peter Roberts, Whatcom County Association of Realtors Governmental Affairs
34 Director, stated there are about 30,000 septic systems in Whatcom County. flow, there are
35 six specialists in the county. Requiring a specialist inspection within the first year means
36 that each inspector must inspect 5,000 systems in the first year.
37
38 (Clerk's Note: End of tape one, side A.)
39
40 Roberts continued to state that if each inspection costs $350, those six inspectors
41 will each earn about $1.75 million that year. The total cost to the county is $10.5 million
42 the first year. The Council must understand the situation. Exempt newer installed systems.
43 The proposal doesn't save much money, since a specialist still has to do periodic
44 inspections. Responsible people take care of their own systems. His members are
45 concerned about liability issues. The reason inspections cost $350 is because inspectors
46 take on liability. Since the law began April 1, realtors are closing transactions on properties
47 with septic systems that are in violation of this law because the report of system status
48 paperwork is not available yet. If possible, develop the management program first.
49
50 Brenner stated that if the buyer ends up with something that isn't informative, the
51 buyer is responsible anyway. That's the way it's always been. Roberts stated that in the
52 real estate world today, the buyer agent wouldn't allow a buyer to buy without doing some
53 sort of inspection. if a seller is innocent of knowing about problems, the seller is still
54 responsible.
55
Board of Health, 4/3/2007, Page 3
1 McShane stated a new federal regulation regarding property transactions is called All
2 Appropriate Inquiries, which has to do with contamination issues. Innocent purchasers have
3 to prove that they were innocent of issues. That is difficult to prove. This federal regulation
4 applies to all real estate properties. Any property transaction includes some risk for
5 realtors. Ethics apply. Roberts stated his association is making sure it's members are
6 aware of this new OSS law. This new law is being enforced, but they don't have the
7 paperwork for it yet to meet the regulation.
8
9 Weimer asked the cost of an inspection. Roberts stated an inspection, without any
10 pumping, is $300.
11
12 Brenner stated she would like the Health Department to work on setting up classes.
13 The Board of Health will have to work through the rest of the stuff. She will support
14 allowing homeowner inspections. Other counties are doing this. She understands the
15 concerns about sensitive areas.
16
17 Nelson stated the cost of the current regulations will be a big burden on some
18 people. Classes would be good for homeowners to do their own inspections and save some
19 of that cost in the long run. One idea is to have the County do the inspections in the sixth
20 or seventh year. He's nervous about the costs. Delahunt stated she's getting a sense that
21 the Board of Health is willing to allow homeowner inspections under some circumstances.
22 Staff will work on defining sensitive areas and a proposed management plan.
23
24 Nelson stated he would also like to see information on a business plan that includes
25 economic impact, how it would be paid for, and estimated costs for the overall program, the
26 County, and individuals.
27
28 Brenner stated allow pumpers to be licensed.
29
30 Weimer stated he supports the concept of homeowner inspections, defining the
31 sensitive areas, and requiring a specialist every few years. If the inspectors are gouging the
32 public, the County should consider hiring its own inspectors.
33
34 Crawford moved to request the Health Department to refine the language of the
35 substitute language submitted by staff today.
36
37 Delahunt stated staff needs to define the areas of increased public health risk and
38 create language that balances the sensitive area issue within a management plan.
39
40 Weimer stated the management plan must be done by July 1. This will come to the
41 Council in June.
42
43 Crawford withdrew his motion. He is generally in favor of this idea. The Council
44 will not set a rate. The competitive market will set the rate. They rely on the private sector
45 to fulfill this need. He would challenge the assumptions regarding Drayton Harbor, such as
46 that 20 percent of the septic systems were failing in the entire Drayton Harbor watershed.
47 The problems in Drayton Harbor come from a number of sources. Stay focused on the
48 bigger issue of Puget Sound.
49
50 Brenner stated she wants to know why this ordinance was adopted before the
51 management items were in place.
52
53 3. FOCUS REPORTS ON COMMUNICABLE DISEASES AND STD'S
54
55 Nelson stated recommendations on communicable diseases should go before the
56 Public Health Advisory Board before the Board of Health. Go through the requirements for
Board of Health, 4/3/2047, Page 4
1 surveillance, roles and responsibilities, investigation, and possible Board of Health
2 responses. Review the issues, keeping in mind the Board of Health's requirements.
3
4 Weimer stated this item will be held to a future Board of Health meeting.
5
6 Crawford asked if they must talk about this soon, since there are higher -than-
7 average rates for some communicable diseases. Delahunt stated a meeting soon is not
8 necessary. They don't know why some of the rates are higher.
9
10 Weimer stated he would like to know about the HPV vaccine. In this State, it's not a
11 reportable disease.
12
13 Dr. Greg Stern, Health Officer, stated there are other methods to gather information
14 about HPV, rather than reports. Because a disease isn't reportable doesn't mean it's not
15 significant.
16
17 Brenner asked if the Health Department can develop a uniform sex education
18 program for the schools to use. She is shocked at the difference in education programs in
19 the schools.
20
21 Caskey- Schreiber stated she supports the concept, but the County would incur a lot
22 of wrath from the public. The worst thing they can do is make sex education political.
23
24 Stern stated there are jurisdictional issues over a school's curriculum.
25
26 Nelson stated many students in Whatcom County don't have health insurance and
27 can't get it because there is no parent to sign for it. They may contribute to communicable
28 disease problems. The issue goes beyond education in the school.
29
30 Weimer asked how much they got from the legislature. Delahunt stated they hoped
31 for $100 million, but the current proposal is $20 million. The legislative session isn't over
32 yet.
33
34
35 ADJOURN
36
37 The meeting adjourned at 12:00 p.m.
38
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41 ]ill Nixon, Minutes Transcription
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43 , `.W1tH�1�C*vproved these minutes on April 24 , 2007.
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51 Dina 13go'4Rr,q il Clerk Carl Weimer, Council Chair
Board of Health, 4/3/2007, Page 5