For the purposes of this Division, the following words and phrases have the following meanings: Director; Department: The term "Director" means the Director of the Department of Health and Human Services, and the term "Department" means the Department of Health and Human Services. License: The term "license" refers to the permission extended by the County to a private educational institution to occupy and use specified buildings and premises for educational purposes upon compliance with this Article. Private educational institution: The words "private educational institution" shall mean every private school or educational or training institution, however designated, which offers a program of college, professional, preparatory, high school, junior high school, elementary, kindergarten or nursery school instruction, or any combination thereof, or any other program of trade, technical or artistic training; but, such term does not include: (a) Any private educational institution which is under the supervisory jurisdiction of the County Board of Education; or (b) any place other than a two-family dwelling or multi-family dwelling where instruction is carried on by a single teacher or instructor and where not more than 5 students are under instruction at any one time.

(a) Required. No building or premises shall be occupied or used in whole or in part as a private educational institution within the county after July 1, 1950, until an annual license shall have been granted for such occupancy and used by the director, nor shall any such building or premises be so occupied and used after such license has expired or has been revoked or suspended. (b) Application; information to be shown. Before an annual license for a private educational institution shall be issued by the director, an application for such license shall be made by the owner, his agent, or the managing director of such institution to the department setting forth the name and address of the private educational institution, the classification of such institution, the name of the director or headmaster of the institution and such other information as the department may require for the purposes of this division. (c) Compliance with zoning regulations required. No license shall be issued to any private educational institution the location of which violates the zoning ordinance. If any such private educational institution is required by the zoning ordinance to obtain a special exception from the appropriate board of zoning appeals, the director shall not issue a license to such institution until such special exception has been obtained. (d) Certificates required. No initial annual license for a private educational institution shall be issued under this article by the director unless the following certificates have been filed with the department not more than sixty (60) days prior to the issuance of such license: (1) A certificate from the department stating that the building to be occupied or used by such private educational institution is structurally safe for the purpose for which such building is intended to be used, and that such building is in compliance with the applicable building, electrical and plumbing codes. (2) A certificate from the fire marshal for the county stating that such buildings are in compliance with the fire prevention code of the county. (3) A certificate from the director stating that the building to be occupied or used by the private educational institution and the premises on which such building is located have adequate and sanitary toilet and sewerage facilities for the purpose for which such building and premises are proposed to be used, that the water and sewerage facilities in the kitchens, dormitories and bathrooms are sufficient, suitable and safe for the purposes for which they are to be used, and that the private educational institution is in compliance with the regulations of the county board of health and conforms to such other requirements as may be prescribed by the director of the department for the public health, safety, comfort, morals and welfare.

Every private educational institution within the county shall, on or before May 1 of each year, make application to the department for renewal of the annual license required by this division. Before an annual license for a private educational institution shall be renewed by the director under the authority of this division, the director shall have received, within sixty (60) days prior to renewing any such license, certificates similar to those prescribed in subsection (d) of section 44-18.

Whenever a private educational institution changes its location the current license held by such institution under this chapter shall automatically become void. Such institution shall, before changing its location, make application for a new license to the department. Section 44-18 shall be complied with before such new license shall be issued by the director. There shall be no fee for such new license.

No license issued under this division shall be transferable.

Annual fees for licenses issued under this division shall be of such an amount as the county executive, by regulation adopted under method (3) of section 2A-15 of this Code, may set from time to time. The fees shall not exceed the cost of inspection and issuing the permits for the various establishments regulated by this chapter. The permit fee so fixed shall be submitted with the application and is not refundable in whole or in part unless the application is withdrawn prior to an inspection of the premises by the director of the department or his/her authorized agent. If the application is withdrawn prior to the inspection, the entire permit fee shall be refunded.

All annual licenses issued under this division shall expire on October 15 of the year for which they are issued except as provided in section 44-24. When a valid application for license renewal has been properly filed and the existing license has not been suspended, revoked or denied by the department, the existing license shall continue in effect for not more than one hundred eighty (180) days pending formal action by the department on the renewal request.

(a) Investigations and inspections. Upon receipt of an application for an annual license under this division or for renewal of an annual license, the director shall make or cause to be made all investigations and inspections required by this article. Upon conclusion of all such investigations and inspections, the director shall either issue or renew such license or deny the application therefor within sixty (60) days after the date of the filing of the application or as soon thereafter as practicable; provided, that where an application for renewal of an annual license has been filed on or before May 1 as provided for in section 44-19 and the director has neither approved nor disapproved such application by the following July 1, the current license shall remain in full force and effect until the director either approves or disapproves the application for renewal. (b) Notice of corrective measures to be taken before license issued; failure of applicant to comply. If, upon the completion of all investigations and inspections referred to in the preceding subsection, the director finds that a private educational institution for which a license under this division is requested is not in compliance with the requirements of this article, he shall within ten (10) days after making such a finding cause to be served on the director or headmaster of the institution concerned written notice of such fact and shall in such notice advise him of the necessary corrective measures to be taken before a license will be issued. The director may, in such notice, direct the applicant to appear before him in not less than ten (10) days from the date of service of such notice to show cause why the license should not be denied. If the applicant for such license shall fail to show cause as directed in such notice or shall fail to take the corrective steps specified therein, the director may refuse to issue or renew such license as the case may be. (c) Service of orders and notices. All orders and notices issued by the director under this division shall be served on the person to whom they are directed either by mail or by personal delivery to such person. If such person cannot be found in the county, service by personal delivery shall be made on the next immediate subordinate of such person who is at the time in charge of the private educational institution. If no such person can be located, service shall be made by publishing such notice at least once a week for two (2) successive weeks in a newspaper of general circulation published within the county. (d) Revocation and suspension of license; notice. The director may revoke or suspend any license issued under this division upon finding that any private educational institution is in violation of any provision of this division. Any such revocation or suspension shall be by written order directed to and served upon the director or headmaster of the private educational institution concerned in the manner prescribed in the preceding paragraphs. Any such notice of revocation or suspension shall require the holder of the license to appear and show cause why the license should not be revoked or suspended before the director in the manner provided in this division.

In the event that any person is aggrieved by a denial revocation or suspension of a license required by this division, such person may appeal from the action of the director to the county board of appeals within twenty (20) days after service of notice of such action. Upon receiving such request the county board of appeals shall, after due notice to all interested parties within thirty (30) days after the filing of such report, hold a hearing thereon and either affirm, rescind or modify such order within thirty (30) days after the hearing has been held; provided, that the county council may by resolution entered on its minutes extend either of such periods of time. No private education institution for which a license or renewal of a license has been denied or whose license has been revoked or suspended by order of the department shall occupy or use for education or training purposes the building and premises to which the license applies after such order of denial has been affirmed on appeal to the county board of appeals or after the time to appeal has expired.

Every private educational institution shall, at all times when students are present upon the premises of such school, maintain a responsible adult person in charge of such students.

No students under the age of eighteen (18) years shall at any time be allowed to work in any science laboratory or any other place in a private educational institution wherein open flames, inflammable materials or any other kind of dangerous or explosive material is used unless an adult person in charge shall be in attendance.

For the purpose of enforcing this division, the director, the county fire marshal, the director of the county police and such subordinate officials as may be expressly designated by the above-named county officials shall, upon exhibiting the proper credentials or proof of identity, have the right to enter any building, structure or premises of a private educational institution, except the living quarters of staff members of any private educational institution without the consent of the occupant, at any time during business or operating hours, and at such other times as may be necessary in an emergency that endangers health, life or property.

The director is hereby authorized and directed to administer and enforce the provisions of this division.

All department heads in the county government are hereby authorized and directed to provide such assistance and services as may be required by the director for the purpose of enforcing this division.

Any person in charge of any private educational institution who violates any provision of this division shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code. Each day during which such violation shall continue shall be deemed a separate offense.

For the purposes of this Division the following words and phrases have the following meanings: Director; Department: The term "Director" means the Director of the Department of Health and Human Services and the term "Department" means the Department of Health and Human Services. Institution: Private educational institutions, as defined in this Section, and all recreational camps. Plumbing fixtures: Receptacles which receive water, liquid or water-borne wastes and discharge them into a drainage system with which they are directly or indirectly connected. Plumbing system: The water supply system, the fixtures and fixture traps, the soil, waste and vent pipes, the building (house) drain and building (house) sewer, the storm water drainage pipes with their devices, appurtenances and connections all within or adjacent to the building. Pool: A water receptacle used for swimming or as a plunge or other bath, designed to accommodate more than one bather at a time. Potable water: All water from a public or private water supply system or source which is accepted by the proper governing authority as suitable for human consumption. Private educational institution: Every private school or educational or training institution, however designated, which offers a program of college, professional, preparatory, high school, junior high school, elementary, kindergarten or nursery school instruction, or any combination thereof, or any other program of trade, technical or artistic instruction; but, such terms shall not include: (a) Any private education institution which is under the supervisory jurisdiction of the County Board of Education; or (b) any type of instruction which is carried on by a single teacher, tutor or instructor having not more than 5 students under instruction at any one time. Registered nurse: A person who has qualified for nursing service under the law of the State. Sanitary sewer: Any water-borne system of sewage disposal. Sewage: Any liquid waste containing animal or vegetable matter in suspension or solution or liquids from laboratories or industrial institutions containing minerals in solution.

Private educational institutions and camps shall be located on well-drained grounds and shall be kept free, insofar as practicable, from rats and other vermin, as well as from conditions which attract or harbor vermin.

(a) Maintenance. All buildings, tents, vehicles and grounds of institutions regulated by this division shall be maintained in a clean and sanitary condition at all times. (b) Space in sleeping quarters; proximity of beds. Rooms used for sleeping at night shall contain not less than four hundred (400) cubic feet of space for each occupant. The director may waive this requirement where he finds that circumstances warrant such a waiver and that the health of no student will be jeopardized thereby. No bed shall be closer to any other bed than two and one-half feet. (c) Ventilation. Ventilation in sleeping quarters, kitchens, dining rooms and mess halls shall provide a sufficient movement of air at all times to assure the comfort of the occupants. (d) Screening against flies and mosquitoes. All outside doors, windows and other outer openings of sleeping quarters shall be screened against flies and mosquitoes between April 1 and October 15 of each year. (e) Distance of floors above ground. The floors of all buildings occupied or used for living or instruction shall be raised above the ground to such a height or shall be otherwise constructed so that they will remain dry. (f) Window space of rooms used for sleeping. Every room used for sleeping at night shall have window space equal to one-eighth of its floor area. The director may waive this requirement where, in his opinion, natural lighting warrants such a waiver and where the health of the occupants of the room will not be jeopardized thereby. (g) Construction of windows of sleeping rooms. Windows of sleeping rooms shall be so constructed that at least one-half of the window area of each window can be opened. (h) Water buckets used for fire extinguishers. Water buckets used for fire extinguishers shall be protected so as to prevent mosquito or other insect breeding therein. (i) Heating requirements. Every building used for living or instruction purposes shall be heated sufficiently to ensure the comfort and protect the health of all persons using such buildings. In such buildings a minimum average temperature of at least sixty-five (65) degrees Fahrenheit shall be maintained. The health officer may waive this requirement where, in his opinion, circumstances warrant such a waiver. (j) Locker spaces in rooms. Locker spaces shall be provided for all students who engage in athletic activities and who do not change their clothing in other than sleeping quarters. Locker rooms shall be under the supervision of a competent person who shall be responsible for the cleanliness, sanitation and ventilation of such spaces. The person in charge of the locker facilities shall insure that individual towels are used by individual persons.

(a) Annual inspection. The potable water supply in every institution shall be inspected annually for adequacy, safety and conformity with state and local health laws by the Department. (b) Precautions against contamination. When drinking water is carried into an institution from any outside source, a responsible person shall be designated by the Director of the institution to insure that precautions are taken to prevent contamination of the water in transit. (c) Use of common drinking cup. The use of a common drinking cup or container is hereby prohibited. (d) Drinking fountains. All drinking fountains must be approved by the Department of Permitting Services as being of a design and in such condition that they do not constitute a health hazard. (e) Wells and springs. Wells and springs must be located or protected so as to avoid any danger of contamination from buildings or other sources. Wells or springs must be encased in masonry or tile which must extend at least 18 inches above the surface of the ground, and must be provided with a watertight cover, or must be of such other construction as to render assurance against contamination. Removal of water from any source by dipping or drawing with a bucket or other device is prohibited. Before the selection of springs or the construction of wells for a potable water supply, a person must obtain approval from the Department of Permitting Services. (f) Connections between water sources. Connections between water sources which have been approved by the Department and sources which have not been so approved are hereby prohibited. (g) Use of lead pipe prohibited. The use of lead pipe for conducting water into any institution is hereby prohibited. (h) Availability of hot water. In all institutions equipped with running water under pressure, hot water shall be available in all cooking and dishwashing places at all times during which food is being prepared and dishes are being washed.

Swimming pools and regular bathing facilities shall comply with the swimming pool regulations of the state board of health and shall be inspected regularly by the department at least once each calendar year.

(a) Inspection and compliance with regulations. The toilet facilities and methods of sewage disposal in all institutions shall be inspected regularly by the department or other designated county agency for conformity with the excreta disposal laws of the state and the county and shall comply with all regulations issued under such laws. (b) Toilet facilities generally. There shall be provided in all buildings used for living or instruction which are accessible to a sanitary sewer convenient and adequate toilet facilities so located, constructed and maintained that they shall not be offensive to the users, shall not be accessible to flies or vermin, and shall not by leakage or seepage offer possible contamination of adjacent waters or otherwise create a nuisance. (c) Ratio of toilet facilities to students. The following ratio of toilets to students shall be deemed a standard for minimum adequacy: Girls’ toilet units, elementary school | 1 to 35 Girls’ toilet units, secondary school | 1 to 45 Boys’ toilet units (when no urinals are provided) | 1 to 35 Boys’ toilet units when supplemented by at least one urinal to fifty boys | 1 to 100 Lavatories, elementary school | 1 to 60 Lavatories, secondary school | 1 to 100

(a) Standards generally. All institutions shall comply with grade A standards established by the county board of health in its regulations for eating and drinking establishments. (b) Screening against flies and mosquitoes. All doors, windows and other outer openings of kitchen, pantries and dining halls shall be screened against flies and mosquitoes between April 1 and October 15 of each year. (c) Quality of milk used. In all institutions only pasteurized milk and cream conforming to state and local milk regulations shall be used.

(a) Receptacle requirements generally. All garbage and waste matter from institutions regulated by this article shall be deposited in covered metal receptacles which shall be regularly emptied and cleaned at least twice a week between November 1 and April 1 of every year. Such receptacles shall be cleaned more frequently between April 1 and November 1 upon the written order of the director. (b) Disposition of garbage, etc. All garbage and waste matter shall be burned, buried or otherwise disposed of in such a manner as not to violate any of the provisions of this Code or constitute a health or sanitary nuisance. (c) Storage of garbage. Garbage shall be stored for collection in such a manner that it will not be accessible to rodents or other vermin. (d) Garbage can locations to be kept clean. Places where garbage cans are located shall be kept clean at all times. (e) Disposition of tin cans, etc. Emptied tin cans and food containers shall be disposed of in such a manner as to render them inaccessible to mosquitoes, other insects or vermin.

(a) Generally. Every institution shall prepare a plan for insuring adequate emergency and other medical service. Every overnight school and camp shall have a school medical adviser, who shall be a licensed physician and who shall, pursuant to a definite arrangement with the institution: (1) Regularly advise the institution concerning its general health program, emergency and other medical services, measures to control communicable diseases, health supervision of athletic participants and first-aid and nursing services; (2) Assume responsibility for the examination and medical supervision of any children unable to secure this service from private physicians; (3) Issue standing orders to the person responsible for first-aid service. (b) Program in handling emergencies. Every institution shall prepare a planned, written program for the handling of emergencies and, in connection therewith, shall keep available in a convenient location a list of the names, addresses and telephone numbers of the institution's medical adviser, or nearby physicians available in emergencies, of nearby ambulance and hospital services and of the family physician of the individual students. (c) Person trained in first-aid to be present. An adult person trained in first-aid shall be present in every institution at all times when students or children are present. (d) When provisions for first-aid attention required. Adequate provisions for first-aid attention shall be made in connection with all group trips away from the institution except for trips performed within an area where first-aid attention is readily obtainable. (e) Telephone required. There shall be a telephone in every educational institution and every recreational camp; provided, however, that where such camp is unable to obtain a telephone there shall be one (1) within five (5) minutes' travel distance from such camp. (f) Automobile facilities. At all times there shall be available to every school automobile facilities which can be obtained within fifteen (15) minutes after call.

(a) Report required. All cases of communicable diseases initially detected in students during their presence in an institution must be immediately reported to the Health and Human Services Department by the person in charge of the institution. The report must include the name of any individual in the institution known to have or suspected of having any such disease and such other information as may be prescribed by the Director. (b) Plan of isolation. Every institution shall prepare a plan of isolation of students while on the premises of the institution which meets the approval of the County Health Officer. (c) Release of students suffering from or exposed to disease. No institution shall release a resident student suffering from a communicable disease or who has been exposed to such a disease within the incubation period of a communicable disease to a locality within the County without authorization of a licensed physician. No such student shall be released to a location outside the County without authorization of the County Health Officer. This subsection shall apply to chicken pox, diphtheria, measles and German measles, mumps, poliomyelitis, scarlet fever, whooping cough and such other diseases as the County Health Officer may designate. (d) Procedure in case of suspected food poisoning, etc. Whenever there occurs in any institution any outbreak of suspected food poisoning or whenever there is an unusual prevalence of any illness in which diarrhea, fever, sore throat, vomiting or jaundice is a prominent symptom, it is the duty of the person in charge of the institution to report immediately the existence of such an outbreak or disease prevalence to the Health and Human Services Department. (e) Examination, etc., of employees. No institution shall knowingly permit an employee suffering from a communicable disease or suspected communicable disease to be on duty until examined by a licensed physician and found to be free from infection transmissible to others.

A health record on a form prescribed by the county health officer shall be kept for each child or student in every institution.

Overnight schools and camps shall maintain a clean, well-lighted and sanitary infirmary. The minimal standard for the number of beds in any such infirmary shall be determined by the county health officer, based on the number of resident students, the arrangements for transferring sick students to their homes and hospitals and other conditions affecting the care of the sick students. Such infirmaries shall be equipped with supplies prescribed by the county health officer as adequate to fulfill the needs of the particular institution.

The director shall be responsible for the administration and enforcement of this division.

Any person who violates any provision of this division shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code. Each day of violation shall be deemed a separate offense.