HomeMy WebLinkAbout1560 ORDINANCE N0. 1560
AN ORDINANCE relating to the public health and safety' and regulating the
manner of fumigating, the keeping and use of certain dangerous substances used
therefor and licensing the business of fumigating: defining offenses and pro-
viding penalties.
THE CITY OF BRES~RTON DOES ORDAIN:
SECTION 1. DEFINITIONS. Unless the context otherwise required.
"HEALTH OFFICER{~ means the ~"ealth Officer of the City of Bremerton, or
his authorized representative.
"FU~f. IGANT'~ as used herein shall mean and include any substance which by
itself or in combination with any other substance emits or liberates a gas,
fume or vapor used for the destruction or control of insects, fungi, vermin,
germs, rodents~ or other pests~ and ~hall be distinguished from insecticides
and disinfectants which are essentially effective in the solid or liquid phases.
"PERSON" means and includes persons of either sex, firms, partnerships,
corporations and other associations of natural persons.
Section 2. Fumigation under the direction and Supervision of the United
States PUblic health Service or other Federal authority shall not be subject to
the provisions of this ordinance.
Section 3. No person shall keep, store or use any fumigant for the pur-
pose of fumigating any building, vessel or enclosed space without complying
with the provisions of this ordinance and all other ordinances of the City of
Bremerton and all laws governing the keeping, storing or use of the same.
Section 4. No person shall store any fumigant in any place other than
a separate, well ventilated,room, approved for the purpose by the Chief of the
Fire Department and the Health Officer. On all doors leading to any such room,
there shall be posted conspicuous signs bearing the words "DANGER: FUMIGANT
STORAGE" in red letters not less than two inches (2") high on a white background.
Any such room shall be at all times when not in charge of a competent person
present thereat be securely locked against entry.
S~ction 5. No person shall fumigate any building, vessel or enclosed
space for compensation without first securing and being the holder of a valid
license from the City Clerk so to do and furnishing and keeping on file a good
and sufficient surety bond in the sum of ,~1,000, approved as to sufficiency of
the surety by the l¥1ayor and City Clerk and as 'to form by the City Attorney and
conditioned to save the City of Bremerton harmless of and from any damages
sustained by any person on account of the failure cf the principal on such bond
to comply with all laws and the or~in~r~ces of the City of Brem~rton relating to
fumigating and the storage and use of fumigants. Such license shall be known
as a f~migator's license.
Section 6. the fee for a fum.~gator's license shall be, an~'~ the same is
hereby fixed in the sum of ~10.00 per ann~m. Aplfcations for such license shall
be filed with the City Clerk, who shall immediately transmit the same to the
Health Officer for his approval or disapproval. ~ppllcants for such permibs
shall be required to appear in person before the l~ealth Officer for such
questioning as will show the training, experience, qualifications, character
and reputation of the applicant in regard to the use of fumigants and regulations
governing said use. Applicants must show knowledge of the properties of the
fumigants they wish permits to use and shall be familiar with proper first-aid
measures to be used in case of emergencies.
Perm~t,s may be refused or may be revoked after a proper hearing should
the permit-granting authority determine that such act[on is necessary for the
.protection ~f public health and safety.
S~ction V. No person shall wor~ and no employer shall engage or allow
or permit such person to work as a sealer, watchman, helper, or apprentice to
a fumigator unless he is a holder of a cei~tifics~te of fitness. Before such person
is engaged an application must be filed by-the employer with the Health officer
for a certificate of fitness signed by sucti person and countersigned ~y said
employer. No person holding s,~ch a certificate s~mll engage in any' part of the
work of fumigation except under the constant direction and supervision of a
holder of a f~migator's license.~ No certificate shall be issued until the ap~li-
c~nt has ~ai~ a fee of ,~1.00 tlherefor.
Section 8. For any failure to com.oly wi~h the provisions of this ordin-
ances, any fumigator's license and any certificate of fi'these may 'be revoked
by the Health Officer after a hearing ~fore him, upon at least three (3) days
written notice t±~ereof, mailed or delivered to the holder at his last kaown
address.
S~ction 9. NOTIFICATION OF FU~GATION. No person shall fumigate any
building or enclosed space without giving a2 least twenty-four (24) hours
Ordinance NO. 1560 (cont)
written notice thereof to the riealth Officer, local fire department and police
department, stating the location, character and use of such building or space and
the time when fttmigation is to be performed.
No person shall fumigate any vessel without giving ~t least four (4)
hours written notice thereof to the Health Officer, local fire department, and
police department, stating the location of such vessel and the time when fumi-
gation is to be performed.
Section 10. The Health Officer shall prohibit any fumigation when, in his
judgment, such action is necessary to ~rotect the pu.~.:lic health sand safety.
No person ~hall remain in any ~uilding, vessel or eacl0sed space during the
period of fumigation thereof, provid~d, that where the part to ~e fumigated is
locked and warning signs posted as elsewhere herein provided, persons may remain
in other par'ts whe~ deemed by the Health Officer to be safe. It shall be the
duty of the fumigator to cause a careful examination of all parts of the place
to be fumigated to see 'that no persons remain therein. 'fha fumigator shall
notify in writiag every occupant of the premises to be f~nmigated of the time of
fumigation, time of airing out, and time of safe return for occupancy twenty-
four (24) hours prior to fumigation.
As s further precaution, the r±ealth Officer may require the use of 5~ chlor-
opicrin or any other harmless warning gas in conjunction with a fumigant.
Section 11. No ship shall be fumigated until the captain or Griper
commanding officer shall have m~lstered the crew and caused the members thereof
and all other persons t~_erei~ or thereon to leave and remain away from such ship
during the process of fumigation; provide~, however, where a part of a s~ip is
to be fumigated and such part is not immediately adjoining or does not co~,~.~.~micate
with an occupied portion of the ship, and where after an investigation conducted
by the Health Gfficer and fumigator, it appears to the satisfaction of the iiealth
Officer and ftnmigator that such portion may be fumigated without danger to ~ife
or health, or without creating a fire hazard, ~'~e may, in his discretion; grant
permission to the holder of a permit to perform fumigation without requiring
all persons in other parts of such ship to leave the same, subject 'to such con-
ditions and restrictions as the tiealth Officer may impose.
Section 12. Before fumigation is commenced, the following regulations shall
be complied with:
(a) DAmaGER SIGNS. Prior to fumigation suitable warning signs shall be
posted on all doors, entrances, and exits to the premises to be ftumlgated, and
upon all gangplanks and la¢]ders from the dock, pier or land to the~ ship, as
follows:
Such signs shall be 15" x 13" printed in red ink on white paper, letters
in headlines to ce at least two inches in height. At night such signe shall be
illuminateg so as to maxe the reading matter thereon plainly ].egible.
DAN GER
FU~;,~ IGATING
with (name of gas)
DEADLY POISON
Ail persons are warned
to keep away
DO NOT ENTER
.~ ~' (b) Wh~re hhe He~l~th Officer permits the presence of persons in any portion
~taereoI' ~Boezng zt~iga~ea, all doors and entrauce ways to the portion to be
fumigated shall be posted thereonJ
(c) ~11 food and drink, except such as is sealed in air-tight containers
or compartments, shall be removed from the place to be fumigated.
(d) It shall be the duty of' the operator in charge of the work on the prem-
ises to be fumigated to make a personal inspection an~ examination of 'the premises.
A thorough clean-up shall Oe made and all refuse, oily waste, an0 other needless
combustible material shall be removed prior to the sealing of the premises. All
cracks, crevices, openings and apertures in the walls, ceilings and floors
shall be properly and securely sealed in such meaner as to confine the fumigant
exclusively to the building, saip or other similar emclosed space intended to
be fumigated, smd take all other p~ctical precautions necessary to protect and
safeguard persons that may be exposed.
(e) ~11 fire, oil burners,-flames, pilot lights, an¢~ similar sources of
ignition shall be eliminated from the space under fumigation.
(f) If a fire occurs in the immediate vicinity, 'the Fire Chief may at
his discretisn cause the Cuidling under fumigation to be immediately ventilated
b~.~ the f~$migator. Ventilation shall take place at points furthest from the fire.
Ordinance No. 1560 (cont)
Section 13. WATCH~v~N. During the period fumigation is in process, except
when fumigation is conducted in a gas-tight vault or tank, a capable, alert
watchman or watchmen shall remain on duty at the entrance or entrances to the
building, ship, or enclosed space fumigated, and until af'ter the fumigation is
completed and until the premises are properly ventilated and again safe for
human occupancy. Sufficient watchman shall be provided to prevent any person
from entering the building, ship or enclosed space under f~zmigation without
being observed.
Section 14. Two persons shall do the fumigating and airing out, together.
No person shall enter a building alone to start the process of airing out. No
person shall fumigate unless while so doing he shall wear a properly tested gas
mask sutta01e for protection from the particular gas or fumes used. Only persons
wearing such masks shall be allowed in the place to be fumigated during the placing
of the chemicals, during fumigation and until the same is properly ventilated and
declared safe for occupancy by the fumigator.
Section 15. The fumigator shall after fumigation cause all pillows,
mattresses, bedding, curtains, rugs, upholstered furniture, clothing and other
similar articles to be thoroughly aired before the fumigated place is again
occupied. These articles shall be thoroughly beaten and shall be allowed to
remain in a well ventilated space, preferably open air, until I~ethyl Orange test
papers inSicate no presence of cyanide.
As much cross ventilation as possible s.hould be created by means of open
doors and windows. Mechanical ventilation by means of electric fans of blower
or suction type shall be employed. Ventilation shall be conducted with due regard
to the possible hazard to persons outside the building in the vicinity of ventila-
tion openings. (In winter or on rainy days the space fumigated, after it has
been aired once, shall be heated to ?5° F. and again aired out until no cyanide
gases can be detected by ~ethyl Orange test papers.)
Not until all of these precautions have been taken by the fumigator and the
health department inspector, shall the premises be released for occupancy.
He shall also in a safe manner as required by the Health Officer dispose of
all empty containers, pails, tubs, canvas or other devices used in fumigation.
Section 16. The f~igator shall have as a part of his equipment a first-
aid kit ~d a medical aid kit consisting of:
L. One carton of Amyl Nitrite pearls.
2. Two ~pd~es or Sodi~ Nitrite, each containing 0.3 grams in lO c.c.'s
of water (3%).
3. '1~o ampules of Sodium ~hiosulphate, each containing 25 grams in 50
c.c.'s of water (50%).
4. One quart Of a 1% solution of Sodi~ Thi.~sulDhate.
5. Two lO c.c. sterile syringes. Two 50 c.c. sterile syringes. Two sterile
intravenus needles. One tourniquet. (This kit as a ~it can be pur-
chased from Eli Lilly & Co., Indianapolis, Ind. Reference made to Dr.
K. K. Chen, 519 West Hampshire Drive, Indianapolis, Ind.)
The f~igator shall also be f~iltar with t~ Schafer method (the prone
pressure met~lof resuscitation).
Section 17. The ~lealth Officer is hereby authorized and directed to pre-
scribe ~d enforce such rules and regulations not inconsistent with the provisions
of this ordinance as he may from time to time deem necessary for the protection
of life and public health from the keeping or use of f~tgants or f~igation
therewith.
Section 18. If any provision of this ordin~ce or the application thereof
to any person or circ~stances is held invalid, the remainder of the ordinance
and the application of such provisions to other persons or circ~stances shall
not be affected thereby.
Section 19. Any person violating or failing to comply with ~y of the
provisions of this ordinance or with any of the lawful rules and regulations of
the health Officer prescribed pursuant to the provisions of this ordinance shall
be deemed guilty of a misdemeanor and ,~pon conviction thereof shall be punished
by a fine in any s~ not exceeding $300.00 or by impriso~ent in the City Jail
for a period not exceeding 90 days, or by both such fine and imprisor~ent.
Section 20. This ordinance shall take effect ~d be in force 30 days from
and after its passage and publication.
PASSED by the City Co~cil of the Oity of Bremerton, signed by the [~ayor,
and attested by the City Clerk in authentication of such ~assage, this 29 day