065-05
BOARD OF SUPERVISORS
A RESOLUTION REQUESTING HEALTH DEPARTMENT CESSATION
OF CONDITIONAL CONSTRUCTION PERMIT APPROVALS
FOR NEW CONSTRUCTION
WHEREAS, the Commonwealth of Virginia State Board of Health regulations provide for the
issuance of Conditional Construction Permits, as defined in Section 2.13 J of the Sewage Handling and
Disposal Regulations, dated July I, 2000; and,
WHEREAS, such regulations enable various conditions to be placed on an approved health system,
one of which includes the limitation on the number of persons occupying the dwelling or using the facility
served by the proposed septic tank system; and,
WHEREAS, records indicate that many dwellings constructed in recent years under the provision
of a conditional construction permit are in fact occupied as year-round residences and the number of
dwelling occupants is not monitored; and,
WHEREAS, State Health Department policies provide for a locality to establish stricter standards
for the issuance of health permits within their jurisdictional boundaries; and,
NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does
hereby request that the State Health Department cease to issue Conditional Construction Permits for new
construction within Frederick County.
Upon motion made by Supervisor Tyler and seconded by Supervisor Van Osten , the
above resolution was approved by the following votes:
Adopted this 25 day of May, 2005
Richard C. Shickle Aye
Bill M. Ewing Aye
Gary W. Dove Aye
Gina A. Forrester Aye
Gene E. Fisher Aye
Barbara E. Van Osten Aye
Lynda J. Tyler Aye
A COPY TESTE:
John R. . ey, Jf., Clerk
Board of Supervisors
BOS Resolution No.: 065-05
COUNTY of FREDERICK
}(ris C. Tierney
Assistant County Administrator
540/665-5666
Fax 540/667-0370
E-mail:
kti emey@coJrederick.va.us
I MEMORANDUM I
TO:
Board of Supervisors
Kris C. Tierney, Assistant County Administrat~/
FROM:
RE:
Resolution Requesting Health Department Halt Issuance of Conditional Approvals for
New Construction
DATE:
May 19,2005
At the Board's direction, staff contacted the Health Department to see what they would require in order
to alter the way in which they handle requests for approval of undersized health systems within Frederick
County. We were informed that all that was needed was an official communication from the Board
containing the request.
Staff has prepared a resolution which expresses the Board's desire, as we understand it, to halt the
construction of new residential dwellings with undersized health systems. Should the Board choose to
adopt the resolution, staff will see that it is forwarded appropriately.
Please let me know if I can answer any questions in advance of your meeting.
KCT/cih
C:\CIH\KCT Con-espondence\MEMOS 2004-2005\boshlthsystemcover.wpd
107 North Kent Street . Winchester, Virginia 22601
COUNTY of FREDERICK
John R. Riley, Jr.
County Administrator
540/665-5666
Fax 540/667-0370
E-mail:
jriley@co.frederick.va.us
May 26, 2005
Dr. Diane Helentjaris, Health Director
Lord Fairfax Health District
107 N. Kent Street, Suite 201
Winchester, VA 22601
RE: Conditional Construction Permits
Dear Dr. Helentjaris:
Attached please find enclosed a Resolution adopted unanimously by the Frederick County Board of
Supervisors at their meeting of May 25, 2005, requesting thatthe Health Department discontinue issuance
of Conditional Construction Permits for new dwellings.
Please let me know if any additional action is required on the part of the locality in order to have this policy
enacted.
Thanks you for your assistance
Sincerely,
~~
John R. Riley, t
County Administrator
JRRIcih
107 North Kent Street
.
Winchester, Virginia 22601-5000