§ 8-26. Adoption of rules, regulations.

There are currently in existence certain rules and regulations adopted by the county board of health with the purpose of preserving the public health, safety and welfare of citizens of the county. This article specifically incorporates by reference the provisions of the following rules and regulations which are in force at the time of the adoption of this article or as same may be subsequently amended:

(1)

Rules and regulations for onsite sewage management systems adopted by the state department of public health and the county board of health, being chapter 511-3-1 of the Georgia Administrative Code as supplemented by the following subparagraphs:

a.

The provisions of section 511-3-1.03 of the aforesaid regulations are supplemented to provide that onsite sewage management permits may be issued for properties located within the flood plain as defined by 511-3-1.02 subject to the following conditions:

1.

The soils designated to accommodate the sewage system shall be classified and mapped by a registered soil scientist.

2.

The sewage system and soil shall meet all other federal, state and local laws and regulations.

b.

The provisions of section 511-3-1.07 of the aforesaid regulations are supplemented to provide as follows:

In addition to the methods approved pursuant to section 511-3-1.07(4), there shall be an approved method known as a "bed system." On level or slightly sloping topography, the bed system may be used. The provisions for this method are generally the same as for the distribution box method except for the following differences: the width of the ditch(es) will be 72 inches, and there will be two drain tile pipes in the one 72-inch trench spaced equally from each other and the trench sidewalls. All other specifications that apply to the distribution box method will be adhered to in the installation of the bed system method.

c.

The board of health or its authorized agent may in its discretion require from any person constructing, modifying, cleaning or repairing, or entering into a contract for the construction, modification, cleaning or repairing of a private onsite sewage management system a guaranty bond in an amount not to exceed $5,000.00 executed by a bonding company licensed by the state for the faithful observance of the applicable requirements of this Code, and all state and federal laws and regulations and conditioned to protect the rights and property of any person for whom such construction, modification, cleaning or repairing may be done. A person who constructs, modifies, cleans or repairs an onsite sewage management system on premises which that person owns and occupies, or will occupy in the immediate future upon completion of such work, shall not be required to furnish a bond as set forth above.

d.

That the On-Site Sewage Management Systems Manual, General Soil Provisions, page B-1, section 4(a) as adopted by chapter 511-3-1 of the Georgia Administrative Code be supplemented by adding the following:

1.

Soil in its natural state with a water table of less than 18 inches shall not be considered usable soil. A lot shall not be altered by any artificial means, such as ditching or drain tiles, for the purpose of lowering the water table to meet this requirement; provided, however, that this provision shall not prohibit the use of ditching or drain tiles for other purposes. Any approval of a lot requiring fill will be limited to a fill of not more than 30 inches. The 30-inch limitation shall apply to the average depth of the required fill in the area containing the septic tank and drain system.

2.

The provisions of subsection 8-26(1)e.1. shall not apply to a lot that was an existing lot on or before February 2, 2010. Provided, however, that any such existing lot shall be limited to fill of not more than 36 inches. The 36-inch limitation shall apply to the average depth of the required fill in the area containing the septic tank and drain system. For purposes of this subsection 8-26(1)e.2., the term "existing lot" means (i) a lot of record that is recorded in the real estate records of the clerk of the superior court of Bulloch County; (ii) a lot shown on a preliminary plat that has been approved in accordance with the county's subdivision ordinance and for which approval has not lapsed due to the developer's failure to initiate timely development; or (iii) a lot shown on a final plat that has been approved in accordance with the county's subdivision ordinance.

(2)

Rules and regulations pertaining to food service adopted by the state department of public health and the county board of health and being chapter 511-6-1 of the Georgia Administrative Code.

a.

Public display of grade card. Whenever an inspection of a permitted food service establishment is conducted by a representative of the health department, the establishment will be issued a state department of public health food service establishment inspection report to be completed and posted pursuant to state law and an alphabetical grade card based on the foregoing inspection report. The grade card must be displayed in a conspicuous place where it is readily observable by the public upon entering the facility. The owner or operator shall be responsible for keeping the grade card and inspection report posted at all times at the location designated by the environmentalist. This grade card shall remain posted until such time as the inspector conducts a subsequent inspection and removes the previous grade card and issues a new inspection report and grade card.

(3)

Rules and regulations pertaining to tourist accommodations adopted by the state department of public health and the county board of health and being chapter 511-6-2 of the Georgia Administrative Code.

(4)

Rules and regulations pertaining to public swimming pools, spas, and recreational water parks adopted by the state department of public health and the county board of health and being chapter 511-3-5 of the Georgia Administrative Code.

(5)

Rules and regulations pertaining to rabies control adopted by the state department of public health and the county board of health and being chapter 511-4-2 of the Georgia Administrative Code.

(6)

Rules and regulations pertaining to mass gatherings adopted by the state department of public health and the county board of health and being chapter 511-3-2 of the Georgia Administrative Code.

(7)

Rules and regulations pertaining to drinking water supply adopted by the state department of public health and the county board of health and being chapter 511-3-3 of the Georgia Administrative Code.

(8)

Rules and regulations pertaining to solid waste adopted by the state department of public health and the county board of health and being chapter 511-3-4 of the Georgia Administrative Code.

(9)

Rules and regulations pertaining to the Georgia Smoke Free Air Act of 2005 adopted by the state department of public health and the county board of health and being chapter 511-3-7 of the Georgia Administrative Code.

(10)

Rules and regulations pertaining to portable sanitation contractors adopted by the state department of public health and the county board of health and being chapter 511-3-6 of the Georgia Administrative Code.

(Ord. of 6-4-86, § I; Ord. of 9-7-93, § 1; Ord. of 9-7-93, § 1; Ord. No. 1995-8, 2-6-95; Ord. No. 1995-11, 4-4-95; Amd. of 11-7-00(1); Amd. of 1-17-06; Amd. of 9-4-07; Amd. of 2-2-10; Amd. of 1-15-13; Amd. of 8-19-14; Amd. of 6-21-16)

State law reference

Composition; terms of members of county board of health, O.C.G.A. § 31-3-2.

Editor's note

A copy of all these rules and regulations is on file at the county board of health and in the office of the clerk of the county commission.