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Chapter 20

HEALTH AND SANITATION*
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* Cross References: Buildings and building regulations, Ch. 8; erosion and sedimentation control, § 16-26 et seq.; floods, Ch. 18; parks and recreation, Ch. 24; solid waste, Ch. 28.
State Law References: Power of county board of health to adopt and enforce rules and regulations, O.C.G.A. § 31-3-4(4); rules and regulations of local application, O.C.G.A. § 31-3-6; promulgation of rules, regulations and standards by Department of Human Resources and county boards of health, O.C.G.A. § 26-2-373.
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Article I. In General
Sec. 20-1. Building permit required prior to connection of utilities.
Sec. 20-2. Approval of sewage disposal system, water supply required before issuance of permit to locate mobile home.
Sec. 20-3. Sewage disposal construction permit, site approval required before issuance of building permit.
Sec. 20-4. Acceptance of health department approval where building permit not required.
Sec. 20-5. Acceptance of health department approval where mobile home permit or decal not required.
Sec. 20-6. Application for site approval and sewage disposal construction permit.
Sec. 20-7. Violations.
Secs. 20-8--20-35. Reserved.

Article II. Adoption of State Health Regulations
Sec. 20-36. Incorporation by reference.
Sec. 20-37. Implementation, enforcement.
Sec. 20-38. Violations.
Sec. 20-39. Prosecution of complaints.

ARTICLE I.

IN GENERAL*
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* State Law References: Regulations for septic tanks in unincorporated areas; conformity prerequisite to building permit, O.C.G.A. § 31-3-5.1.
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Sec. 20-1. Building permit required prior to connection of utilities.

It shall be unlawful for any electric, gas or water utility company, cooperative or individual to connect, provide or furnish service to any mobile home, relocatable home, new building or proposed building site until a building permit, or decal, and mobile home permit has been obtained and shown to such utility company, cooperative or individual.
(Res. of 6-1-72, § a)

Sec. 20-2. Approval of sewage disposal system, water supply required before issuance of permit to locate mobile home.

No permit or decal to locate or relocate a mobile home or relocatable home shall be issued until the applicant has obtained an approval of the sewage disposal system and water supply from the county health department and presented a copy of the approval certificate to the official that issues the mobile home or relocatable home permits and decals for the county.
(Res. of 6-1-72, § b)

Sec. 20-3. Sewage disposal construction permit, site approval required before issuance of building permit.

No building permit for a proposed building site for a residence or commercial building requiring toilet facilities shall be issued until the applicant has obtained a sewage disposal construction permit and site approval for a sewage disposal system and water supply from the county health department and presented a copy of the site approval to the official that issues building permits for the county.
(Res. of 6-1-72, § c)

Sec. 20-4. Acceptance of health department approval where building permit not required.

Where a building permit is not required, the construction permit for site approval for individual sewage disposal systems issued by the county health department shall be accepted in place of the building permit.
(Res. of 6-1-72, § d)

Sec. 20-5. Acceptance of health department approval where mobile home permit or decal not required.

Where a mobile home or relocatable home permit or decal is not required, the individual sewage disposal system inspection report issued by the county health department shall be accepted in place of the permit or decal.
(Res. of 6-1-72, § f)

Sec. 20-6. Application for site approval and sewage disposal construction permit.

Application for site approval and a sewage disposal construction permit shall be made in writing on forms provided by the county health department at least ten days prior to applying for a building permit or beginning the construction of an individual sewage disposal system. The site approval and sewage disposal system will be based upon requirements of state rules and regulations for individual sewage disposal systems under Georgia Laws 1964.
(Res. of 6-1-72, § e)

Sec. 20-7. Violations.

In case any violations of sections 20-1 through 20-6 occurs, it shall be enforceable under either criminal provisions, as set out in O.C.G.A. §§ 36-13-11 and 36-13-12, or civil remedies, as set out in O.C.G.A. § 36-13-10.
(Res. of 6-1-72, § h)

Secs. 20-8--20-35. Reserved.

ARTICLE II.

ADOPTION OF STATE HEALTH REGULATIONS

Sec. 20-36. Incorporation by reference.

(a) There are currently in existence certain rules and regulations adopted by the Wayne County Board of Health with the purpose of preserving the public health, safety, and welfare of citizens of Wayne County, Georgia. This article specifically incorporates by reference the provision of the following rules and regulations which are in force at the time of the adoption of this article:

(1) Rules and regulations pertaining to rabies control (adopted by the department of human resources and the Wayne County Board of Health and being Chapter 290-5-2 and the "Rabies Control Ordinance" as subsequently amended and updated), and policies of the Wayne County Board of Health pertaining to rabies control;

(2) Rules and regulations pertaining to food service (adopted by the department of human resources and the Wayne County Board of Health and being Chapter 290-5-14 as subsequently amended and updated), and policies of the Wayne County Board of Health pertaining to food service;

(3) Rules and regulations pertaining to tourist accommodations (adopted by the department of human resources and the Wayne County Board of Health and being Chapter 290-5-18 as subsequently amended and updated), and policies of the Wayne County Board of Health pertaining to tourist accommodations;

(4) Rules and regulations for land disposal of domestic septage (adopted by the department of human resources and the Wayne County Board of Health and being Chapter 290-5-25 as subsequently amended and updated), and policies of the Wayne County Board of Health pertaining to land disposal of domestic sewage;

(5) Rules and regulations for on-site sewage management systems (adopted by the department of human resources and the Wayne County Board of Health and being Chapter 290-5-26 as subsequently amended and updated), and policies of the Wayne County Board of Health pertaining to on-site sewage management systems;

(6) Rules and regulations pertaining to drinking water supply (adopted by the department of human resources and the Wayne County Board of Health and being Chapter 290-5-55 as subsequently amended and updated), and policies of the Wayne County Board of Health pertaining to drinking water supply;

(7) Rules and regulations pertaining to solid waste (adopted by the department of human resources and the Wayne County Board of Health and being Chapter 290-5-56 as subsequently amended and updated), and policies of the Wayne County Board of Health pertaining to solid waste;

(8) Rules and regulations pertaining to public swimming pools, spas, and recreational water parks (adopted by the department of human resources and the Wayne County Board of Health and being Chapter 290-5-57 as subsequently amended and updated), and policies of the Wayne County Board of Health pertaining to public swimming pools, spas, and recreational water parks;

(9) Rules and regulations pertaining to special on-site sewage management systems (adopted by the department of human resources and the Wayne County Board of Health and being Chapter 290-5-59 as subsequently amended and updated), and policies of the Wayne County Board of Health pertaining to special on-site sewage management systems;

(10) Rules and regulations pertaining to Georgia Smoke Free Air Act of 2005 (adopted by the department of human resources and the Wayne County Board of Health and being Chapter 290-5-61 as subsequently amended and updated), and policies of the Wayne County Board of Health pertaining to smoke free air;

(11) Rules and regulations pertaining to body art (adopted by the department of human resources and/or the Wayne County Board of Health and being rules and regulations for body art studios and artists as subsequently amended and updated), and policies of the Wayne County Board of Health pertaining to body art; and

(b) A copy of all these rules and regulations are on file in the county board of health.
(Ord. of 8-5-86, § I; Ord. of 11-7-05, § I)

Sec. 20-37. Implementation, enforcement.

The duty of implementation and enforcement of these regulations rest with the Wayne County Board of Commissioners, and by virtue of this article is hereby expressly delegated to the Wayne County Board of Health who is hereby charged with promulgation of sufficient procedures for insuring compliance with these rules and regulations by the citizens of Wayne County or those individuals found within the boundaries of Wayne County. The Wayne County Board of Health is directed to implement procedures which will insure that the citizens of Wayne County or those individuals found within the boundaries of Wayne County will receive all procedural rights to which they are entitled under the laws of the State of Georgia.
(Ord. of 8-5-86, § II; Ord. of 11-7-05, § II)

Sec. 20-38. Violations.

Any violation of the rules and regulations hereby referenced shall be a violation of this article and shall be a misdemeanor offense. Any violator shall be subject to the imposition of a fine not to exceed $500.00 and/or imprisonment for a period not to exceed 60 days. Any failure of payment of inspection fees listed within the fee schedule adopted by Wayne County Board of Health and approved the Wayne County Board of Commissioners within 60 days of first notice, may result in suspension of permit.
(Ord. of 8-5-86, § III; Ord. of 11-7-05, § III)

Sec. 20-39. Prosecution of complaints.

The Magistrate's Court of Wayne County shall have jurisdiction over violators of this article and all procedures for enforcement of such article shall be as provided in Article 4, Chapter 10 of Title 15, Official Code of Georgia. Complaints of violation of any provision of this article shall be brought before the magistrate's court by a designated representative of the Wayne County Board of Health and shall be prosecuted through that court.
(Ord. of 8-5-86, § IV; Ord. of 11-7-05, § IV)

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