Loading...
HomeMy WebLinkAboutResolutions - 1988.12.15 - 177157.KTRY TPF FORECO , I.fvh..rp!";-j, Guday / December 15, 1988 December 15, 1988 MISCELLANEOUS RESOLUTION 88334 BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: INSTITUTIONAL AND HUMAN SERVICES/ HEALTH DIVISION - 1988 STATE REIMBURSEMENT AGREEMENT (TRAILER PARK INSPECTION FEES) TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mt. Chairperson, Ladies and Gentlemen: WHEREAS under an agreement between the State of Michigan and the Oakland County Health Division, the Oakland County Heath Division is designated as the authorized representative of the Departments of Commerce and Public Health to conduct annual mobile home park inspections required by Section 17 of Act 419, P.A. 1976; and WHEREAS this agreement provides for 100% funding of environmental health inspections, follow-pp inspections, and environmental health complaint processing; and WHEREAS inspections and evaluations will be conducted in accordance with Michigan Department of Public Health policy; and WHEREAS reiMbursement is based on the Oakland County Health Division's calculated rate per hour for environmental health services multiplied by the number of hours provided for direct environmental health services; and WHEREAS the agreement provides for reimbursement in the amount of $16,922 for calendar year 1988; and WHEREAS estimated revenues from this agreement. have been included in the 1988 adopted budget in the amount of $17,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Board Chairperson to sign this reimbursement agreement covering the period from January 1, 1988 through December 31, 1988, on behalf of the local governing entity. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE P,F.SCILLITION Date RESOLUTION #_ 15, 1988 Moved by Caddell supported by Susan Kuhn the resolution be adopted. AYES: S. Kuhn, Lanni, Law, McConnell, McDonald, R. McPherson, Moffitt, Oaks, Page Pernick, Price, Rowland, Skarritt, Wilcox, Aaron, Caddell, Calandra, Crake, Doyon, Gosling, Hobart, R. Kuhn. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached resolution, adopted by the Oakland County Board of Commissioners at their regular meeting held on n oc lq 19.28 with the original record thereof now remaining on file in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac,Michigan this 15th day ofpecember LYNN O. ALLEN, County Clerk Register of Deeds DeputyTTFk '89 ,171 19 HOURLY RATE $67,33 AGREEMENT _BETWEEN THE MICHIGAN DEPARTMENT OF COMMERCE, WICRIGAR DEPARTMENT OF PUBLIC NEA.LTH, AAP THE OAKLAND COUNTY HFALTH DEPARTMENT FOR. INSPECTIONS OF MOBILE HOME PARKS LICENSED BY THE MICHIGAN DEPARTMENT OF COMMERCE CALENDAR YEAR 1988 I. PURPOSE This agreement is to designate the local health department as the auehorized lep4.eeentative of the Departments of Commerce and Public Health to conduct annual mobile home park inspections required by Section 17 of 1987, Public Act 96. This agreement also provides for funding of the environmental health inspections and necessary follow-up and environmental health complaint processing. It also specifies the responsibilities of all parties to this agreement. II. PROGRAM BUDGET AND AGREEMENT AMOUNT The Michigan Department of Commerce will provide payment for inspections of mobile home parks in the amount of $ 16.92.00 for calendar year 1988. The inspections for 1988 will be conducted in accordance with criteria approved by the Michigan Department of Commerce, Michigan Department of Public 'Health, and Michigan Association of Local Public Health Administrators on March 24, 1987. In no instance will the total exceed the amount appropriated for local inspections. The county health department shall use the Payment Formula as indicated in Appendix C as the basis for computing the cost of inspections performed. The amount of actual payment will be the actual cost as determined by the formula in Appendix C. The billing shall include the following: 1. Federal Identification Number 2. 'leer of Contract 3. Total monies being requested 4. Name and address of appropriate treasurer receiving payment. All inspections by county health personnel are to be performed in accordance with the Department of Public Health policy for annual inspections as published in the Mobile Home Park Manual. The inspections shall'also conform to the requirements of the attached inspection report. Within ten (10) days of the completion of each inspection, a copy of the inspection report and recommendation for certification shall be transmitted to the Department of Commerce and the Department of Public Health by the authorized representative of the county. III. RES ONSIBILITIES OF LOCAL HEALTH DEPARTMENT The local health department will perform the following services to qualify for payment under the terms of this agreement. 1. Conduct an annual inspection and follow-up inspection of all mobile home parks within the county using inspection report forms and procedures as summarized in Appendix A. 2. Based upon the above environmental health inspection, make a recommendation to the Department of Public Health as to the appropriateness of a certification of compliance for each mobile home park inspected. 3. Provide copies of the inspection reports to the Department of Commerce with documentation of any identified problems. The local health department's representative is requested to provide a photographic record of violations, where feasible, as well as a written evaluation. Subsequent to the local health department's initial inspection, it should contact by telephone the Department of Commerce, Mobile Homes and Land Resources Division, where assistance is warranted in arriving at a solution to identified problems. When necessary, a joint site visit will be conducted by the local health department's representative and Mobile Home and Land Resources Division staff. 4. Participate in informal conference with mobile home park operators, representatives of the Michigan Department of Public Health, and representatives of the Michigan Department of Commerce. Such conferences will be held as appropriate to discuss recurring problems or newly identified problems of a serious nature. The purpose of the above conferences shall be to establish a compliance schedule. 5. Respond to all environmental health related complaints in a timely manner in accordance with the procedures set forth in Appendix B. 6. Respond to Michigan Department of Commerce related complaints in accordance with the procedure outlined in Appendix B. 7. Provide necessary administrative and technical staff for operation of the program. 8. Provide opening inspections of newly constructed parks on lots in accordance with Appendix D. Submit the invoice for service performed to the Department of Commerce prior to December 31, 1988. Payment identified in Section II will serve as total reimbursement for all services provided in this section. 3 IV. RESPONSIBILITIES OF THE MICHIGAN DEPARTMENT OF PUBLIC HEALTH The Michigan Department of Public Health, under the terms of this agreement will: I. Provide staff for appropriate program and administrative consultation to both local health departments and the Department of Commerce. 2. Assist in training of program staff. 3. Provide appropriate written certification of compliance or noncompliance to the Department of Commerce based on local health department recommendation prior to January 31, 1989. 4. Provide certification to Michigan Department of Commerce by January 31, 1989 if the local health department does not participate in the inspection program. V. RESPONSIBILITIES OF THE MICHIGAN DEPARTMENT OF COMMERCE 1. Provide payment to local health department in accordance with the terms of this agreement. 2. Provide local health department with cameras, when necessary, and forms to be used in fulfillment of the terms of this agreement. 3. Endeavor to give the Michigan Department of Public Health and local health department copies of notices and orders for hearing in a timely manner. 4. Provide opportunity for the Michigan Department of Public Health and the local health department to review and comment on all form revision prior to their implementation relating to this program. 5. Provide the Michigan Department of Public Health and the local health department with consultation and assist in orientation or training program of local health department staff regarding the various licensing function policies and procedures of the Mobile ROME and Land Resources Division, Corporation and Securities Bureau, Michigan Department of Commerce. 6. Advise the local health department and the Michigan Department of Public Health of any licensing action when the inspecting health agency has recommended disapproval. 7. Make final licensing issuance decisions. 8. The Michigan Department of Public Health and local health departments are to be updated periodically on the licensing status of all mobile home parks within the operating jurisdiction. 4 VI. :ASSURANCES This agreement shall be carried out in compliance with: 1. Title VI of the Civil Rights Act of 1964 and the regulations of the U.S. Department of Health and Human Services issued thereunder. 2. The rules of the Michigan Civil Rights Commission. 3, Section 504 of the Rehabilitation Act of 1973. The applicant agency assures that in carrying out this program, no person shall be excluded from participation, denied any benefits, or subjected to discrimination on the basis of race, creed, age, color, national origin or ancestry, religion, sex or marital status (except where a bona fide occupational qualification exists). This policy of nondiscrimination shall also apply to otherwise qualified handicapped individuals. VII. AGREEMENT PERIOD This agreement is in full force and effect from January 1, 1988 through December 31, 1988 and is conditionally approved subject to the availability of funds. This agreement may be terminated by either party upon thirty (30) days written notice to the other party stating the reasons for termination and effective date, or upon failure of either party to carry out the terms of the agreement by giving ten (10) days written notice stating cause and effective date. Upon any such termination, such funds not authorized for use shall be returned to the Michigan Department of Commerce. In the event it becomes necessary to have the local health department provide additional services not covered under the provisions of this agreement, terms mutually agreeable to all parties may be negotiated. Any change to this agreement will be valid only if made in writing and accepted by all parties of this agreement, Assistant Chief Deputy Director Title /0 -I/- Date /- Date Federal I.D. Number 5 (Alternate) VIII. RECORD KEEPING . . The local agency agrees that all records and documentation for the project or program identified in this agreement will be maintained for a period of not less than three (3) years from the date of the submission of the final expenditure report or until all the audit findings have been resolved. SPECIAL CERTIFICATION The individual or officer signing this agreement certifies by his/her signature that he/she is authorized to sign this agreement on behalf of the responsible governing board, official, or agency. FOR TUE DEPARTMENT OF COMMERCE FOR THE DEPARTMENT OF PUBLIC HEALTH: L 7eJ /c siguaturefr-F aj M wiener Actin State Health Di rector Title FOR LOCAL AGENCY: Title and Local Health Department Date prepared 8/12/88 APPENDIX A ANNUAL INSPECTION POLICY AND PRHEDURES ANNUAL INSPECTION 1. An annual inspection is required for each mobile home park for the annual certificate of compliance. Inspections made up to six months prior to the license expiration date will be accepted for parks in substantial compliance. The inspections should be made well enough in advance so that follow-up inspections can be made where necessary and a recommendation can be submitted prior to September 30, of each year. It is.suddested that those parks that are most likely to require follow-up inspections be inspected first. • a. The mobile home park operator or manager shall be contacted upon entering the park. It is advisable to make arrangements for an annual inspection a week or so in advance so that the manager can notify the tenants to remove their skirting door for water and sewer connection inspection. b. A copy of the inspection report should be left with the park manager before leaving the park. If necessary, mail the owner a•copy upon return to the office. 2. A follow-up inspection is required for mobile home parks determined to be not in substantial compliance prior to making .a license recommendation to the Department of Public Health. In general, a park is not in substantial compliance and would require a follow-up inspection when there are: a, operational, maintenance, or design problems with the water or sewage systems that impairs the proper operation of the system and/or may have an effect upon public health, b. a significant number of other violations (for example: many vacant sewers not capped, garbage storage problems on many sites, improperly supported or leaking mobile home sewers on many sites, or a combination of several unrelated violations), and c. ndolations not significant in number or severity that were noted on he last annual inspection but have not been corrected, INSPECTION FORMS 1, Annual inspection Form - Parts A and B of the annual inspection form should be used for routine annual inspections. This report is an outline of the basic requirements. On a year-to-year basis it is adequate to know only if there is, for example, an ample supply of safe water, there is no sewage on the ground in the area of the tile field, the garbage is stored and disposed of properly, the mobile homes do not have leaky sewers, lot drainage has not become a problem, and there are no•-safety hazards 2. Follow-up Inspections - The 'Record of Visit Form" or the "Site inspection Report" may be used to document violations or corrections on follow-up inspections. Appendix A Page Two COMPLETION OF INSPECTION FORMS 1. The use of checks (.4 and (x'5) exclusively provides very little meaningful information. The use of the comment sections on all forms and supplemental sheets is encouraged to identify and describe violations. 2. An annual inspection is required. Although every site need not be inspected, a quality inspection is needed to pinpoint and document problems. The contractor is to use the 1/4 minute per. site (standard) inspection, if the mobile home park meets the following criteria: a. The park has a history of good operation within the last 3 years and is recommended for certification of compliance based upon the initial. inspection. . There has been no change in ownership. - The-one minute per site time (enhanced inspection) is to be used if the above criteria for the "standard inspection" is not met. The classification of inspection may be changed, if in the opinion of the local Environmental Health Director, no adverse affect on the public health is likely to occur, subject to the concurrence of the Michigan Department of Public Health. APPENDI B COMPLAINTS POLICY AND PROCEDUR 7 S nen the local county or district health department receive complaints about a .mcbile home park, they should immediately determine if the complainant has contacted tne park owner or manager to secure corrections. If tne complainant has been unsuccessful in getting • corrections, the following steps should be taken. COMPLAINT EVALUATION Secure the name, address, and telephone number of the complainant with a description of the complaint. The exact nature and location of the complaint is necessary. The urgency of the complaint should first . be determined, if poss-ible. Tnen the local health department should determine wnetner the complaint is a violation of the rules under the Department of Public Health, Department of Commerce, or some other agency. • A. Complaints Under Department of Public Health Rules The types of complaints involving public health fall in the following broad categories: I. Water supply, treatment, or distribution 2. Sewage collection, treatment, or disposal 3. Drainage 4. Garbage and rubbish storage and disposal 5. Insect and rodent control 6. General operation, maintenance, and safety as it relates to the above The following are the usual procedures for handling these types of complaints, but circumstances of an.urgent nature may require departure from these procedures in order to address the problem in a timely manner, 1. Take the written or telephone complaint and schedule a field visit to deter- mine the accuracy of the complaint and the extent of the problem. 2. When the initial complaint investigation has been completed, meet with the park manager and/or owner and discuss the conditions and the corrective measures. Make every attempt to get the park owner or manager to agree to a definite time for compliance and a course of action. Leave a copy of the complaint investigation report and the corrective action required at the park. Make a date for a follow-up visit to determine compliance. Investigation of complaints that involve the health and safety of a significant number of park tenants or conditions that may be life threatening should be carefully documented. If serious hazards are found, the Department of Public Health should be notified by telephone immediately and copies of documenting reports forwarded to the health department. Investigation of complaints of a lesser magnitude should be documented and kept in the files of the local county or district health department office for reference. Ac.ppnoix rage Two 4. Complaints regarding the termination of utility service to a mobile home park should be investigated immediately and the inforation telephoned to the Department of Public Health for consultation. The Department of . Comperce will be notified as soon as the consultation between the health departments has revea7ed the exact nature of the problem. Complaints Under Department of Commerce Rules The following are some of the subjects of complaints that may involve violations of the portions of the Mobile Home Code under the jurisdiction of the Department of Commerce: 1. Entrance/exit fees 2. Purchase of a mobile home as a condition of entrance into a park 3. Lease arrangements 4. Metering of utility services 5. Security deposits 6.- Misrepresentation or fraud 7. Lighting 8. Roadway and walk maintenance 9. Snow/ice removal 10. General operation, maintenance, and safety The Department of Commerce recommends the following procedure be followed in . resolving complaints: 1. The party complaining should first contact the park management in writing setting forth the problem and proposed solutions and request a response in fifteen (.15) days. 2. If the complaint is not resolved or no response is received within fifteen (15) days, the following should be forwarded to the Department of Commerce, Mobile Home Division, P.O. Box 30222, Lansing, Michigan 48909: a. A copy of the written complaint delivered or mailed to the park. b. A copy of any form or document that shows that the park management received the written complaint. 3. The Department of Commerce will then investigate and follow-up as necessary to see that the complaint is resolved, ApT)endix Page Three The Department of Commerce prefers that complaints be submitted to them on the forms they have developed. The Department of Commerce's staff will be doing investigation and follow-up on the types of complaints listed on page twO. The local health department need only be aware of the areas of the Department of Commerce's jurisdiction and the general procedures so that referrals may be handled properly. PAYMENT FORMULA Name & Address of Health Department: Address of Treasurer: Federal Identification Number APPENDIX Direct Service Hourly Rate as Determined by the Michigan Department of Public Health VARIABLE TIME (2) ii) INSPECTION Tin 1 30 MIN/PARK I 30/MIN/PARK kJ) 141 NAME AND ADDRESS INO. OF 114 MIN. I I MIN. ON-SITE ON-SITE FIXED TOTAL OF PARK SITES PER PER SEWAGE WATER TIME TIME SITE SITE INSPECTION INSPECTION (1.5 HRS.) HOURS COST , , IAN r NOTE: See reverse side for specific instructions. Prepared by: SUBTOTAL TOTAL BILLING (Last Page_ Only) INSTRUCTIONS (1) NUMBER OF SITES is defined as the number of sites previously licensed by the Department of Commerce. (2) VARIABLE TIMES are to be estimated, as follows: A. 1/4 minute per site inspection time is alloted for conducting a standard inspection. If the park meets the following criteria, the standard inspection must be completed. 1. The park has a history of good operation for the last 3 years and is recommended for certification based upon the initial inspection. 2. There has been no change in ownership. B. One (1) minute per site inspection time is alloted for conducting enhanced site inspection. Parks not meeting the criteria under item A, 1 and 2 above, should have the enhanced site inspection. C. If the park is serviced with its own sewage disposal system, 30 minutes can be claimed for inspecting said system. D. If the park is serviced with its own on-site water supply, 30 minutes can be claimed for inspecting said system. (3) FIXED TIME (4) TOTAL TIME value of 1 hour and 30 minutes (1.5 hours) is alloted for each mobile home park inspection. This time value allows for post inspection conferences and subsequent follow-up inspection activities. is obtained from adding up all of the preceding time valus. Note, minutes will need to be converted to tenths of hours. (5) COST is obtained by multiplying the total time by the established Direct Service Hourly Rate. 8/88 — APPENDIX D NE k4 CONSTRUCTION INSPECTIONS The engineer or architect and the owner or operator of a mobile home park are required to file an affidavit with the Department of Public Health and the Department of Commerce, upon completion of work, that construction followed approved plans. They are also required to file final as-built plans. This should minimize the need for either local health department or Department of Public Health inspections during construction. However, it is suggested that the local health department, and in most cases the Department of Public Health, meet on the site with the engineer or architect early in the construction stages to discuss his supervision of the project and to assure he is aware of his responsibilities. The engineer is responsible to supervise construction and perform necessary tests to the point that he is assured that the approved plans are being followed and that he can so certify. He should keep accurate records of all construction so that he can prepare the required as -bui l t plans. He must approve, along with the Department of Public Health for health aspects, any deviations from approved plans prior to the changes taking place. The Department of Public Health may want to conduct joint inspections with the local health dep&rtment during the construction of mobile home parks, particularly sewage treatment plants, lagoons, water treatment facilities, and sewage lift stations. Upon completion of construction, the park owner or operator must submit to the Department of Commerce an application for license, or an application for mobile home site approval as may be appropriate. The Department of Commerce will immediately forward a copy of the application and other appropriate documents to the Deportment of Public Health. The Department of Public Health will then contact the local health department to perform the final inspection of new construction, or will arrange for a joint inspection with the local health department. Refer to the 'Certification Procedures" for additional information.