Act No. 258 / 2000 Coll.

Law on the Protection of Public Health and on the amendment of certain related laws

Valid Law Effective from 01.01.2001
Contents
ČÁST PRVNÍ HLAVA I § 1 § 2 HLAVA II Díl 1 § 3 § 3a § 3b § 3c § 3d § 4 § 5 § 6 § 6a § 6b § 6c § 6d § 6e § 6f § 6g Díl 2 § 7 § 7a § 8 § 9 § 10 § 11 § 12 § 13 § 14 Díl 3 § 15 § 16 § 17 § 18 Díl 4 § 19 § 20 § 21 § 21a § 22 § 23 § 24 Díl 5 § 25 § 26 § 27 Díl 6 § 30 § 31 § 32a § 33 § 34 § 35 § 36 Díl 7 § 37 § 38 § 39 § 40 § 40a § 41 § 41a § 42 § 44 Díl 8 § 44a § 44b HLAVA III Díl 1 § 45 § 46 § 47 § 47a § 48 § 49 § 50 § 51 § 53 § 54 Díl 2 § 55 § 56 § 57 § 58 § 59 § 60 § 61 Díl 3 § 62 § 62a § 63 § 64 § 65 § 66 § 67 § 68 § 69 § 70 Díl 4 § 71 § 72 § 73 § 74 § 75 § 75a § 75b HLAVA IV § 76 § 77 HLAVA V Díl 1 Oddíl 1 § 78 § 79 § 79a § 79b § 79c § 79d § 79e § 79f § 79g § 79h § 79i § 79j § 79k § 79l § 79m § 80 § 81 § 81a § 81b § 81ba § 81c § 81d § 81e § 82 § 82a § 82b § 83 § 83a § 83b § 83c § 83d § 83e § 84 Oddíl 2 § 85 Oddíl 3 § 86 Oddíl 4 § 87 Oddíl 5 § 88 § 88a § 89 § 90 Díl 2 § 92a § 92b § 92c § 92d § 92e § 92f § 92g § 92h § 92i § 92j § 92k § 92l § 92m § 92n § 93 § 94 § 94a Díl 3 § 95 HLAVA VI § 96 HLAVA VII Díl 1 § 97 § 98 § 99 § 100 § 100a § 100b § 100c § 100d § 100e § 100f Díl 2 § 101 § 102 § 103 § 104 § 105 § 106 Díl 3 § 108 § 109 ČÁST TŘETÍ § 111 ČÁST DEVÁTÁ § 117 ČÁST DESÁTÁ § 118 ČÁST JEDENÁCTÁ § 119 ČÁST DVANÁCTÁ § 120 ČÁST ČTRNÁCTÁ § 122 ČÁST DEVATENÁCTÁ § 127 ČÁST DVACÁTÁ § 128 ČÁST DVACÁTÁ PRVNÍ § 129 ČÁST DVACÁTÁ TŘETÍ § 131 ČÁST DVACÁTÁ PÁTÁ § 133
258
THE LAW
of 14 July 2000
on the protection of public health and the amendment of certain related laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

RIGHTS AND OBLIGATIONS OF PERSONS AND PERFORMANCE OF STATE GOVERNANCE IN THE PROTECTION OF PUBLIC HEALTH

HLAVA I

BASIC PROVISIONS
§ 1
This law implements the relevant provisions of the European Union1) and regulates the provisions directly applicable to the European Union62)
(a) the rights and obligations of natural and legal persons in the field of the protection and promotion of public health;
(b) the system of public health authorities, their competence and competence;
(c) the tasks of other public authorities in the fields of protection and promotion of public health and the assessment and reduction of noise in terms of long-term average noise pollution.
§ 2
Definition of basic terms
(1) Public health is the health status of the population and its groups. This health condition is determined by the sum of natural, living and working conditions and the way of life.
(2) The protection of public health is a summary of the activities and measures to create and protect healthy living and working conditions and to prevent the spread of infectious and mass-occurring diseases, health threats related to the work carried out, the emergence of work-related diseases and other significant health disorders and the maintenance of them. A public health threat is a condition in which the population or groups of people are exposed to a risk from which the level of burden by risk factors of natural, living or working conditions exceeds a generally acceptable level and presents a significant risk of harm to health.
(3) Promoting public health is a summary of activities helping individuals to maintain and improve their health and to increase control over health factors. It includes activities to ensure social, economic and environmental conditions for the development of individual and public health, health and healthy lifestyle.
(4) The assessment of health risks is an assessment of the severity of the burden on the population exposed to the risk factors of living, working and living conditions. The basis for the health risk assessment is a qualitative and quantitative estimate of the risk [Paragraph 80 (1) (l)]. The outcome of the health risk assessment is a basis for managing health risks, meaning a decision-making process to reduce health risks. The risk assessment on the occupational safety and health sector and the employer's obligation to prevent risks to safety and health at work is laid down in specific legislation. (2)
(5) Infectious disease means both symptom and non-symptom disease caused by the agent of the infection or by its toxin resulting from the transmission of the agent or its toxin from an infected natural person, animal or non-living substrate to a susceptible natural person.
(6) Isolation means the separation from other natural persons of a natural person who has become sick or shows signs of an infectious disease. The conditions of isolation must, taking into account the nature of the transmission of the infection, prevent it from being transmitted to other natural persons who could spread the infection further.
(7) Quarantine measures are:
(a) quarantine, which means the separation of a healthy natural person who has been in contact with an infectious disease during the incubation period or who has remained in an outbreak (hereinafter referred to as "a natural person suspected of being infected") from other natural persons and a medical investigation into such a natural person in order to prevent the transmission of an infectious disease during the period when the disease could spread;
(b) medical supervision by which a natural person suspected of being infected is required, at the dates laid down by the interim measures of the health service provider or by a decision of the competent public health authority, to have a doctor examined or subjected to the examination or, where appropriate, to monitor his or her health status for a specified period of time, and to notify the competent doctor or competent public health authority of this fact when clinical signs are established;
(c) increased health surveillance, which is the medical supervision of a natural person suspected of being infected, which is subject to a prohibition of activity or modification of working conditions to limit the possibility of spreading infectious diseases.
(8) For the purposes of this Act, young persons are natural persons who completed the 15th year and did not exceed the eighteenth year of their age.
(9) For the purposes of this Act, a family member shall be understood as a spouse or type (partner), partner (partner) under the Registered Partnership Act (hereinafter referred to as "partner '), children, spouses, foster or guardian children, children entrusted by the court to the personal care of another natural person and the parents of the entrepreneur (s), his wife (s), partner (s) or partner.
(10) The placing on the market of products4a) means the moment when a product on the European Union market is, for the first time, handed over or offered for transmission for distribution or use, or when ownership rights are transferred to it for the first time, unless a directly applicable European Union or specific legislation provides otherwise. (4b) Products manufactured or imported for operational needs4a) in their own business by producers or importers are also considered to be marketed.
(11) For the purposes of this Act, a person who manufactures a product or has merely proposed or ordered a product which intends to place on the market or circulated4c) under his name, as well as a person who, as a manufacturer, places on the product his business name, name and surname of a natural person, trade mark or other distinguishing mark, or who modifies the product for placing on the market or putting into circulation, unless a European Union regulation or specific legislation directly applicable provides otherwise. (b)
(13) For the purposes of this Act, a person who places on the market or puts into circulation a product other than a Member State of the European Union or brokers the placing on the market or putting into circulation of such a product shall be deemed to be an importer unless a specific legislation provides otherwise. (b)

HLAVA II

ENVIRONMENT AND WORKING CONDITIONS

Díl 1

Water and products coming into direct contact with water, chemicals, chemical mixtures and water technology, swimming pools and saunas
§ 3
Hygienic water requirements
(1) Drinking water is all water in its original state or after treatment which is intended for drinking, cooking, preparation of food and drink, water used in the food industry, water intended for the care of the body, for cleaning of articles which, by their destination, come into contact with food or human body, and for other purposes of human consumption, regardless of its origin, nature and the way in which it is supplied. (5) The hygiene requirements for the health and purity of drinking water (hereinafter referred to as "drinking water quality") shall be established by the hygiene limits of microbiological, biological, physical, chemical and organoleptic indicators which are covered by the implementing legislation or are authorised or designated under this law by the competent public health authority. The hygiene limits shall be set as the highest limit values, limit values, guide values, benchmarks and recommended values. A natural medical source and natural mineral water certified under a specific legislation shall not be regarded as drinking water. 6)
(2) The operator of the public water duct (a) must ensure that the drinking water supplied has the quality of the drinking water referred to in paragraph 1. The obligation under the first sentence shall, unless otherwise provided for, also include the owner of a public water pipeline which is the carrier of the rights and obligations of the operator, (6a) the person who provides the replacement supply of drinking water, the person who produces drinking water from an individual source as part of his business activity, the person for whose performance drinking water must be used, and the person who supplies drinking water for public use. A person supplying drinking water for public use shall be deemed to be:
(a) a water pipeline operator whose average daily production is less than 10 m3 or the number of natural persons permanently using the water pipeline is less than 50 if the water pipeline is operated as part of its business or as part of another activity of a legal person;
(b) a person supplying drinking water as part of his or her business or other activities of a legal person from vending machines, storage tanks, in air, water and ground vehicles;
(c) a public well operator designated as a drinking water source;
(d) a person supplying drinking water from an individual source of public objects (e.g. schools, medical facilities, catering facilities).
(3) Hot water supplied as part of a person's business or other activity by a legal person shall comply with the hygiene limits of microbiological, biological, physical, chemical and organoleptic quality indicators covered by the implementing legislation; the hot water manufacturer is responsible for fulfilling this obligation. Thermal water supplied by the pipeline or internal water supply 6a), which are constructively connected by mixing battery with drinking water pipeline, can only be produced by the manufacturer from drinking water. Where non-compliance with the hygiene limit of hot water is due to internal watergos6a) or its maintenance, the hot water producer, the customer and other persons in a similar position shall proceed mutatis mutandis in accordance with the fourth and fifth sentences of Paragraph 4 (4).
(4) At the request of the persons referred to in paragraph 2, the competent public health authority may authorise the use of water for a limited period of time which does not meet the limit values for drinking water indicators, except for microbiological indicators. The public health authority shall issue an authorisation where the supply of drinking water cannot be otherwise ensured and public health is not compromised. Where there are indicators with the highest limit value, with the exception of microbiological indicators, the competent public health authority may, at the request of the person referred to in paragraph 2, with the exception of the persons referred to in point (b), issue such authorisation if the supply of drinking water cannot be otherwise ensured, public health shall not be jeopardised, corrective measures shall be sufficient to remedy the defect within 30 days and the non-compliance with the health limit of any indicator with the highest limit within the last 12 months has not lasted more than 30 days.
(5) The request referred to in paragraph 4 shall include the indicator to which the non-compliance relates, the reasons for non-compliance, including an assessment of the possibility of another supply of drinking water, a proposal for corrective measures, including a time schedule of works and an estimate of costs, a supply area and the number of inhabitants supplied, a proposal for the duration of the authorisation, an overview of the non-compliance with the hygiene limit of any indicator in the last 12 months, an assessment of the health risks and the proposed scope and frequency of the quality control of drinking water.
(6) In the authorisation referred to in paragraph 4, the competent public health authority shall determine the maximum value of the indicator concerned and the time for the correction of the defect.
(7) Useful water means precipitation or grey water that is treated and hygienically protected. Grey water means waste water from sinks, showers and vans. Useful water can be used for flushing toilets and urinals, washing, cleaning, washing of vehicles, irrigation, water elements or spraying of roads. The implementing legislation shall determine the level of adaptation and hygiene and the method of demonstration required.
§ 3a
(1) Where the persons referred to in Article 3 (2), except those referred to in Article 3 (2) (b), find that it is not possible to comply with the maximum limit values, with the exception of microbiological indicators, in accordance with the procedure referred to in Article 3 (4), the third sentence or, where the authorisation has already been issued, but the period of non-compliance with the hygiene limit has exceeded 30 days in the last 12 months, the competent public health authority may apply for a lower hygiene limit to be determined than provided for in the implementing legislation. The public health authority may, for a limited period of time, determine a lower hygiene limit for indicators with the highest limit, except for microbiological indicators, where the use of water of that quality for a specified period of time does not result in a risk to human health and drinking water cannot be secured in any other appropriate way. The determination of a lighter hygiene limit shall be limited by the competent public health authority to the shortest possible period of time, which shall not exceed 3 years. At the request of the person referred to in the first sentence, that period may be extended for a maximum period of 3 years. The public health authority may only set a milder hygiene limit for indicators with a maximum limit if:
(a) a new source for the collection of drinking water or drinking water; a new source for the collection of drinking water or water requiring treatment for drinking water pursuant to this paragraph shall be considered to be a source which has begun to be used after 12 January 2023;
(b) the newly identified source of pollution or the newly observed indicators; a source of pollution identified after 12 January 2023 shall be considered as a newly identified source of pollution under this paragraph; or
(c) an unforeseen and exceptional situation in the collection of water from an existing source, including the exceptional impact of natural effects which could result in a temporary limited excess of the values of the indicators;
in exceptional cases where the proposed corrective measures necessary to reach the hygiene limit of the indicator with the maximum limit laid down in the implementing legislation require a longer period of time, the first period of determination of the hygiene limit may be extended by a maximum of 3 years at the request of the person referred to in the sentence, only if it is a more moderate hygiene limit set in accordance with (a) or (b).
(2) Before the expiry of the period to which the milder hygiene limit referred to in paragraph 1 has been limited, the person referred to in paragraph 1 shall be required to demonstrate to the competent public health authority whether and to what extent a remedy has been made. The competent public health authority shall verify this fact.
(3) The possibility to determine a milder hygiene limit for indicators shall not apply to bottled drinking water or storage tanks for sale.
(4) In the procedure referred to in paragraphs 1 and 3 (4) and (5), the competent public health authority shall also take into account a threat to human health which could result from interruption of the supply of drinking water or restrictions on its use.
(5) The application referred to in paragraph 1 must contain the particulars referred to in paragraph 6 (a) to (e) and the assessment of the health risks referred to in Article 2 (4).
(6) The competent public health authority shall lay down, in the determination of a milder hygiene limit and its extension in accordance with paragraph 1:
(a) the indicator to which the authorisation relates, the results of the quality checks on the drinking water of the previous period, the maximum permitted value of that indicator and the period for which the milder hygiene limit is determined;
(b) the geographical area, the quantity of water delivered per day, the extent of the population affected and the information on whether the authorisation also covers food production and circulation undertakings;
(c) a scheme for the control of drinking water quality, with increased frequency as necessary;
(d) a summary of the plan for the necessary corrective measures, including the timetable for the work, the cost estimation and the provision of revisions;
(e) justification.
(7) The persons referred to in Article 3 (2) shall immediately inform, to the appropriate extent, of the authorisation provided for in Article 3 (4), first and second sentences and its conditions, of the determination of a more moderate hygiene limit and its extension, as well as of the decision of the public health authority prohibiting or restricting the use of drinking water [Article 84 (1) (e)] and its conditions, customers (6a) and other persons in a similar position to those covered by the measure. Where such measures or decisions of the public health authority result in a possible threat to health for certain groups of the population, the persons referred to in Article 3 (2) shall also be required to include in the information the procedure for protecting health. Furthermore, the persons referred to in Article 3 (2) are obliged to ensure the immediate supply of drinking water to customers excluded or limited in the supply of water.
(8) Furthermore, the persons referred to in § 3 (2), with the exception of those referred to in § 3 (2) (a) and (b), are required to ensure that up-to-date information on their website or in a way that is normally available to the public on the site is available on:
(a) the quality of the drinking water supplied and the chemical substances and chemical mixtures used to adjust that water;
(b) whether the risk assessment and management referred to in Article 3c (1) (f) has been carried out and in what year; and
(c) whether unacceptable risks have been identified and corrective measures taken in the framework of the risk assessment and management referred to in Article 3c (1) (f).
(9) The competent public health authority shall immediately inform the superior public health authority of the procedure referred to in paragraphs 1, 2 and 6 and Article 3 (4) and (5).
§ 3b
(1) The Ministry of Health shall ensure, by 31 March of the calendar year, the preparation and updating of the data sets referred to in points (a) to (c) including information from 1 January to 31 December of the preceding calendar year. Data files contain information about
(a) exceeding the maximum limit values laid down in the implementing legislation; the results of the drinking water control and the proposals for corrective measures referred to in Article 4 (4) shall be reported in the data set;
(b) the determination of a lighter hygiene limit in accordance with Article 3a (1); the data set shall include the information referred to in Article 3a (6); and
(c) failure to comply with the maximum limit or limit value of the indicator laid down in the implementing legislation, or authorised or designated under that law by the competent public health authority, which constituted a threat to public health on the basis of which the public health authority had to prohibit or restrict the use of drinking water, and this overrun lasted more than 10 consecutive days and affected at least 1 000 people.
(2) The Ministry of Health ensures the preparation of data sets including information on:
(a) measures taken to improve access to and support the use of drinking water and the proportion of inhabitants who have access to that water, without including bottled water and containers;
(b) the assessment and management of the risks of internal water supply and connection pursuant to § 3d (3) to (5); and
(c) risk assessment and management of parts of the river basin related to the point of water collection under another legislation governing river basin management plans and plans for flood risk management.
(3) The data files referred to in paragraphs 1 and 2 shall be made available by the Ministry of Health in a way that allows remote access to the European Commission, the European Environment Agency and the European Centre for Disease Prevention and Control. It shall update the data files referred to in paragraph 2 every 6 years.
§ 3c
(1) The persons referred to in Article 3 (2) are required to draw up the operating rules which include:
(a) the source and sampling point of raw water;
(b) basic data on water treatment technology, chemical substances used and chemical mixtures;
(c) details of the measures necessary to limit unacceptable risks throughout the supply system, not including persons referred to in Article 3 (2) (a) and (b), and persons referred to in Article 3 (2) (c) and (d), provided that they supply drinking water to seasonal objects;
(d) the expected number of persons supplied;
(e) the monitoring programme;
(f) the assessment and management of the risks of the water supply system, if not for the persons referred to in Article 3 (2) (a) and (b), as well as for the persons referred to in Article 3 (2) (c) and (d), when they supply drinking water to seasonal objects; and
(g) the way in which records are kept on the control of the operation of the supply system and on the performance of maintenance.
(2) The monitoring programme contains a plan
(a) collection and analysis of water-free samples or measurements recorded by the continuous monitoring process, including the method of determining the points of water collection;
(b) checks of the equipment's functionality and maintenance status records;
(c) checks on water treatment, water sampling, accumulation and distribution infrastructure; and
(d) checks on the protection zone of the water source operated.
(3) The monitoring programme processed in accordance with paragraph 2 shall allow:
(a) verify that the measures put in place to control risks to public health operate effectively throughout the water supply chain, from the protected zone of the water source operated to the point of collection of raw water, modification, accumulation and distribution to the final customer;
(b) providing information on the quality of the drinking water produced and supplied;
(c) verify that, for a customer and other persons in a similar position, the water is healthy and complies with all the requirements laid down in the implementing legislation or decision issued pursuant to Articles 3 (4), 3a (1) or 21 (2) by the competent public health authority; and
(d) identify the most appropriate ways of mitigating risks to public health.
(4) The arrangements for implementing the monitoring programme referred to in paragraphs 2 and 3 shall be laid down in implementing legislation.
(5) The risk assessment shall include:
(a) a description of the water supply system from the protection zone of the water source operated, including the place of collection of raw water through the laboratory, accumulation, binder and distribution of water to the final consumer;
(b) a description of the hazards identified, an estimate of their likelihood and an assessment of their severity; and
(c) laying down corrective or control measures to eliminate or mitigate unacceptable risks throughout the supply system; where disinfectant water treatment or distribution is included, the validation of that disinfectant to ensure the effectiveness of disinfectant treatment while minimising the contamination caused by the by-products of disinfectant; Validation of disinfection means demonstrating that an approved biocidal product or method is used and that the dose and time of action of the chosen type of disinfection are sufficient to kill the pathogenic micro-organisms present in the treated water and further demonstrating that the use of chemical disinfection is actually necessary in view of the health risk of its by-products.
The procedure for the development of risk assessment and management and the assessment of the results of this procedure shall be laid down in implementing legislation.
(6) The persons referred to in Article 3 (2) shall be required to submit the draft operating rules referred to in paragraph 1 for approval to the competent public health authority.
(7) The persons referred to in Article 3 (2), with the exception of those referred to in Article 3 (2) (a) and (b), and persons referred to in Article 3 (2) (c) and (d), when supplying drinking water to seasonal facilities, are required to take into account the results of the assessment and management of the risks of the river basin parts related to the place of collection under the legislation governing river basin management plans and flood risk management plans, and the persons referred to in Article 3 (2) are required to review and update the operating rules referred to in paragraph 1 on an ongoing basis of changes to the conditions of operation and to submit a proposal for amendments for approval to the competent public health protection authority; where the operating rules are not amended, they shall submit the operating rules referred to in paragraph 1 for approval to the competent public health authority at least every 6 years.
(8) Persons referred to in Article 3 (2), with the exception of persons referred to in Article 3 (2) (a) and (b) and persons referred to in Article 3 (2) (c) and (d), when supplying drinking water to seasonal plants, are required to transmit, on request, the relevant part of the risk assessment in the operating order to the operator of the operating water duct to such an extent that information is available to the operator of the operating water duct sufficient to process the risk assessment into the operating order of the operating water duct. The operator of an operating water pipeline shall be the person who is supplied with water by the person referred to in § 3 (2). The information transmitted in accordance with the first sentence may be used only for the processing of the operating schedule of the operating duct. The information transmitted shall include information on water sources, raw water quality and treatment, the quality of the water delivered, a list of the risks which have been assessed as unacceptable and which may affect the quality and quantity of the water delivered and a description of the measures taken.
(9) Persons referred to in Article 3 (2), with the exception of those referred to in Article 3 (2) (a) and (b), and persons referred to in Article 3 (2) (c) and (d), provided that they supply drinking water to objects with seasonal traffic, are required to transmit, on request, the relevant part of the assessment and risk management of the water supply system to processors of the risks of parts of the river basins related to the points of collection of water intended for human consumption. This information transmitted shall include data on the point of collection and other relevant results from the assessment and management of the risks of the water supply system.
(10) In relation to the information obtained by the public health authority in the framework of the approval of the operating rules, the law on free access to information shall not be applied.
§ 3d
(1) The priority areas for the risk of the presence of a lead indicator in drinking water are:
(a) the premises of the buildings in which schools and school establishments are operated and the premises which are intended to provide a childcare service in the child group;
(b) health care establishments in which bed care is provided;
(c) establishments providing catering services in health care establishments where bed care is provided;
(d) social services facilities in which residence services are provided; or
(e) establishments providing catering services in social services establishments where residence services are provided.
(2) Priority areas in terms of the risk of Legionella in the hot water distribution are:
(a) health care establishments in which bed care is provided;
(b) social services facilities in which residence services are provided; or
(c) accommodation in accordance with § 21a with a capacity of over 50 persons.
(3) Persons operating the priority areas referred to in paragraph 1 shall be required to process the risk assessment and management of the internal water supply and connection; and
(a) the person operating the priority areas referred to in paragraph 1 for whom the statutory obligation is to process and submit the draft operating rules for approval to the competent public health protection authority shall supplement those operating rules by part of the assessment and management of the risks of internal water supply and connections; the obligation to supplement the operating rules shall not include the person operating the priority areas referred to in paragraph 1, where the risk assessment and management of the internal tap and the connections are the result of a low-risk lead indicator developed in accordance with the procedure laid down in the implementing legislation; the result is notified to the competent public health authority by that person;
(b) the person operating the priority areas referred to in paragraph 1 for whom he is not under a statutory obligation to process and submit a draft operating rules for approval to the competent public health protection authority, shall process the risk assessment and management of the internal water supply and the connection which he shall notify to the competent public health protection authority.
The assessment and risk management of the internal water supply and connection shall be reviewed every 6 years by the person operating the priority areas referred to in paragraph 1, with the exception of priority areas where the risk assessment and risk management of the internal water supply and the connection result from the lead indicator developed in accordance with the procedure laid down in the implementing legislation. Where changes in the level of risk assessment are identified by the review, the person operating the priority areas referred to in paragraph 1 shall notify the competent public health authority for approval or, in the case of an update of the assessment and management of the risks of the internal water supply and the connections referred to in point (b), shall notify the competent public health authority of the changes to the risk assessment of the level of risk referred to in paragraph 1.
(4) Persons operating the priority areas referred to in paragraph 2 shall be required to process the risk assessment and management of the internal water duct and connections and to incorporate the conclusions resulting from the risk assessment and management into the operating rules. The person operating the priority premises for which the statutory obligation is already to process and submit the draft operating rules for approval to the competent public health authority shall update those operating rules by the part of the assessment and management of the risks of the internal tap and the connection. Where such an obligation is not provided for by the person operating the priority areas, he shall process the assessment and risk management of the internal water duct and the connections to a separate operating system which he submits for approval to the competent public health authority. The assessment and risk management of the internal tap and the connection shall be reviewed every 6 years by the person operating the priority areas referred to in paragraph 2, whenever the conditions of operation of the internal tap are changed. Where new elements affecting the operation of the internal tap are identified by the review, the person operating the priority areas referred to in paragraph 2 shall update the operating rules and submit them to the competent public health authority for approval.
(5) The assessment and risk management of the internal tap and the connection is aimed at the presence of a lead indicator in drinking water, the presence of a Legionella spp. indicator in hot water and the generic risks associated with the operation of the internal tap and the connection. Monitoring of these indicators is also part of risk assessment and management. The generic risks associated with the operation of the internal tap and the connection, the process of developing the assessment and management of the risks associated with the operation of the internal tap and the connection in terms of generic risks, the risk of the presence of the lead indicator and the risk of the presence of Legionella bacteria and the limit values of the parameters shall be laid down in implementing legislation. Where compliance with the limit value of the indicators laid down in the implementing legislation is demonstrated by carrying out the risk assessment and management, persons operating the priority areas referred to in paragraph 1 or 2 shall ensure that appropriate measures are taken to minimise the health risk. Where persons operating priority areas referred to in paragraph 1 or 2 are not owners of such areas, they shall inform the owner of such premises of the non-compliant results of the risk assessment and management and ensure corrective actions in cooperation with the owner of the priority area.
§ 4
Obligations of persons in the control of drinking water, conditions of supply of drinking water
(1) The persons referred to in Article 3 (2) are required to provide the certificate of accreditation (4a), the certificate of good laboratory activity (4c) or the authorisation holder (83c) for the holder under the conditions laid down in the implementing legislation.
(a) sampling of drinking water and laboratory checks on whether the water has a quality of drinking water, at least to the extent and frequency laid down in the implementing legislation, and using the method provided for in the implementing legislation or authorised by the competent public health authority in accordance with paragraph 8; in the case of indicators for which the method is not adapted or authorised by the implementing legislation, it shall be carried out according to a method which complies with the requirements of the implementing legislation; and
(b) the establishment of a protocol on such inspection in electronic form;
the Protocol shall be transmitted without delay to the competent public health authority in electronic form.
Holders of an accreditation certificate (4a), holders of a laboratory's good functioning certificate (4c) and holders of an authorisation pursuant to § 83c, who are authorised to take samples of drinking water and their laboratory checks on whether water has the quality of drinking water, are required to carry out such subcontracting only through holders of accreditation certificates (4a), holders of laboratory's good functioning certificates (4c), or holders of authorizations pursuant to § 83c when determining the characteristics referred to in the implementing legislation. Methods which are not included in the scope of accreditation, if validated, may also be used for the determination of indicators not covered by the implementing legislation.
(2) The Protocol referred to in paragraph 1 (b) requires the persons referred to in Article 3 (2) to be kept for a period of 5 years from the date of sampling of drinking water. The requirements of the protocol, the form of its electronic form and the data interface and the method of determining the sampling points for drinking water shall be adapted by implementing legislation.
(3) Competent public health authority
(a) extend, on an ex officio basis or on the basis of the results of the risk assessment and risk management, the characteristics of which are close to the highest limit value or limit value or other indicators likely to occur due to geological composition, accident or other incidents and increase the frequency of checks on drinking water;
(b) at the request of the person referred to in Article 3 (2), it may reduce, if not for microbiological indicators, the results of the risk assessment and risk management confirm that public health cannot be endangered and the applicant demonstrates in the application that the following conditions are met:
1. for indicators which are proposed to reduce the frequency of the check, all results of drinking water samples taken at regular intervals over at least the last three years from sampling sites representative of the whole supply area are below 60% of the limit value of the indicator; for indicators for which a 60% condition cannot be applied due to the limit value, the public health authority shall decide on the possibility of reducing the frequency of monitoring, taking into account the risk assessment and management, the results of which confirm that there is no likelihood of deterioration in the quality of drinking water in the indicator concerned; the location and frequency of sampling shall be determined in relation to the origin of the indicator and the variability of its concentration and its long-term trend;
2. for indicators designed to be excluded from monitoring, all results of samples taken at regular intervals over at least the last three years from sampling sites representative of the whole supply area are less than 30% of the limit value of the indicator; for indicators for which a condition of 30% cannot be applied due to the limit value, the public health authority shall decide on the possibility of withdrawal from monitoring, taking into account the risk assessment and management, the results of which confirm that there is no likelihood of deterioration in the quality of drinking water in the indicator concerned.
The public health authority may, on its own initiative, revoke those decisions if the reason for their issue has ceased to exist.
(4) Failure to comply with the maximum limit value or limit value of any indicator laid down in an implementing act or authorised or designated under this law by the competent public health protection authority shall be subject to immediate investigation by the person referred to in Article 3 (2), to determine its cause and to take effective corrective action. It shall immediately inform the competent public health authority thereof. The public health authority shall proceed in the investigation of the cause of non-compliance with the values of drinking water quality indicators and the identification or amendment of corrective measures pursuant to Sections 82 and 84. If the failure to comply with the maximum limit value or the limit value of the drinking water indicators is due to internal watergoggles (6a) or its maintenance, the person referred to in Article 3 (2) shall be obliged to inform the customer thereof, (6a) or other persons in a similar position to which he supplies drinking water; it shall also indicate possible corrective measures to limit or eliminate the risk of non-compliance with hygiene limits in the supplied water. In such a case, if the public object referred to in Article 3 (2) (d) is concerned, customers (6a) and other persons in a similar position to which drinking water is supplied shall, upon receipt of the information referred to in the fourth sentence, immediately investigate and establish the cause of the non-compliance with drinking water quality indicators and take effective corrective measures.
(5) Where there is a suspicion of the presence of a substance or a micro-organism not covered by the implementing legislation for a given supply area, the person referred to in Article 3 (2) shall immediately identify the concentration or quantity of that substance or micro-organism and notify the competent public health authority thereof. The natural person concerned shall indicate in the notification the name and, where applicable, the names and surnames, or, where applicable, the addendum distinguishing the person of the entrepreneur or the type of business relating to that person or the type of business operated by him, the identity number of the person and the address registered in the trade register or other legally regulated register as the place of business, or any other address for service. The legal person shall indicate in the notification his name or business name, identification number of the person or similar indication and address of the registered office, or any other address for service. Those persons shall also indicate in the notification the supply area, the quantity of water delivered per day, the number of inhabitants supplied, the sampling point at which the substance or micro-organism has been identified, the substance or micro-organism to which the notification relates, the results of all analyses carried out, the origin of the substance or micro-organism, if any, and the corrective action plan. The person referred to in Article 3 (2) who finds the indicator with the indicative value laid down in the implementing act exceeding this guide value shall notify the competent public health authority of this fact; the second to fourth sentences shall apply mutatis mutandis. The public health authority shall determine the hygiene limit as the highest limit or limit for the presence of such a substance or micro-organism when contained in water in a concentration or quantity which does not endanger public health. The person referred to in Article 3 (2) shall check compliance with the hygiene limit in the frequency laid down in the implementing legislation for the presence of other drinking water indicators, unless otherwise specified by the competent public health authority in accordance with the procedure laid down in the sixth sentence.
(6) The person referred to in Article 3 (2) shall be required to check, under the conditions laid down in the decision of the competent authority for the protection of public health and water, which is not of drinking water quality and for which a further extension of the milder hygiene limit cannot be authorised but is supplied to consumers; the supply of such water is required by the person referred to in Article 3 (2) to inform the consumer.
(7) The application referred to in paragraph 3 (b) shall include, in addition to the requirements laid down in the administrative rules, a proposal for an adjustment of the scope and frequency of the checks on drinking water with justification, the indication of the supply area, the quantity of water delivered per day and the number of inhabitants supplied, the proof of the constant quality of water and the corresponding values of the drinking water quality indicators and its source, and an updated assessment and risk management.
(8) The competent public health authority shall authorise the use of a laboratory control method for drinking water other than those provided for in the implementing legislation if the applicant demonstrates that the results obtained are at least as reliable as those obtained using the method provided for in the implementing legislation. Before issuing an authorisation, the public health authority shall submit information on the demonstration of equivalence to the European Commission. The method of proving equivalence of methods shall be laid down in the implementing legislation.
§ 5
Products and materials in direct contact with drinking water, hot water and raw water, chemicals and chemical mixtures, water treatment and water treatment technology
(1) The manufacturer or importer of a product or material intended for direct contact with the drinking, productive, hot or crude water (6a) when receiving, collecting, transporting, adjusting, distributing, collecting, measuring the supply and other similar purposes for the treatment of such water (hereinafter referred to as "product or material coming into direct contact with water") and the manufacturer or importer of a chemical or chemical mixture intended for the treatment of water for drinking, commercial or heat water are required to ensure that such products or materials and chemicals or chemical mixtures
(a) do not endanger human health directly or indirectly;
(b) do not adversely affect the colour, odour or taste of water;
(c) do not promote the growth of micro-organisms; and
(d) do not pollute water to a greater extent than is strictly necessary due to the intended purpose.
(2) The manufacturer or importer of a product or material coming into direct contact with water and the manufacturer or importer of a chemical or chemical mixture intended for the treatment of drinking water, sanitary or heat water shall also be required to ensure that the composition of such products, materials, chemicals and chemical mixtures and marking on packaging, tag, accompanying documentation or instructions for use complies with the hygiene requirements laid down in the implementing legislation. Furthermore, the manufacturer or importer of the product or material coming into direct contact with water shall ensure that the surface treatment of the product or material complies with the hygiene requirements laid down in the implementing legislation.
(3) The manufacturer or importer of a product or material coming into direct contact with water shall ensure, prior to its placing on the market, a certificate of accreditation (4a) or an authorisation holder pursuant to § 83c, in accordance with the implementing legislation, that there is no undue influence on drinking, utility or hot water; the verification is required to have an alert. The procedure for evaluating such verification, the form and extent of the verification record shall be laid down in the implementing legislation. Products or materials which do not meet the requirements laid down in the first sentence and in paragraphs 1 and 2 shall not distribute (a).
(4) The manufacturer and the importer must always equip the product or material coming into direct contact with water and a chemical or chemical mixture which, if improperly used, could cause health harm to natural persons or degrade drinking utility, hot or raw water with instructions for use and, if necessary, with instructions to remove the consequences of improper use. The instructions must be in Czech or Slovak. Distributor4a) is required to distribute such a product or material or chemical substance or chemical mixture to the consumer or to another user with instructions for use or, where appropriate, instructions to remove the consequences of incorrect use.
(5) Otherwise, when assessing the safety of a product or material coming into direct contact with water which is a construction product under a specific legislation, (8) it shall be treated in accordance with a specific legislation. (4a)
(6) At the request of the manufacturer or importer, the competent public health authority shall decide:
(a) the admissibility, content and, where appropriate, the migration limit of substances which are not covered by the implementing legislation for products or materials coming into direct contact with water; This shall not apply if the products or materials referred to in paragraph 4 are concerned,
(b) the admissibility of a chemical or a chemical mixture intended for the treatment of water into water by drinking utility or heat, not provided for in the implementing legislation.
(7) The application referred to in paragraph 6 shall include, in addition to the requirements laid down in the administrative order of the designation of the product or material, chemical substances or chemical mixtures, their trade name and chemical composition, evidence of purity of the chemical or chemical mixture in accordance with the relevant technical standard, a brief description of the production technology with an enumeration of all raw materials and additives, including data on degradation products arising from the manufacture, processing, possibly ageing, the concentration of the chemical or chemical mixture, an indication of the concentration of the active substance in the chemical mixture, an indication of the proposed method of use of the chemical or chemical mixture, the method of determination of the proposed additives and their impurity, including products of interaction, chemical or chemical mixtures, and, where applicable to the application pursuant to paragraph 6 (b), a detailed description of the water treatment method of the highest application of the chemical substance or chemical mixture, an application, an indication of the proposed method of application, and of use of the substance or of the substance, and of the substance, and of the active substance, the substance, the substance or of the substance, the substance or of the substance, the substance, and the method of the method of the active substance, the
(8) The competent public health authority shall issue the authorisation referred to in paragraph 6 if the applicant demonstrates that the quality of drinking, commercial or hot water will not be adversely affected.
(9) The persons referred to in Article 3 (2) may use only water-based technologies covered by the implementing legislation and chemicals and chemical mixtures covered by the implementing legislation or authorised under paragraph 6 (b) for water treatment.
(10) At the request of the person referred to in Article 3 (2), the competent public health authority shall decide on the admissibility of the water technology not covered by the implementing legislation. The application shall include, in addition to the requirements laid down in the Administrative Regulation, a description of the type of technology or its trade name, a description of the purpose of the technology and the justification for its use, a detailed description of the principle of water treatment technology including used equipment and the precise composition of chemicals and chemical mixtures, where their addition to water is part of the technology, evidence that the equipment, chemicals and chemical mixtures used comply with the requirements laid down by the implementing legislation, data on changes in the quality of the treated water, including microbiological, chemical and physical, including by-based products resulting from the application of the proposed technology, evidence that the hygiene requirements laid down for the quality of drinking water, methods of performance and the available foreign documentation, whether and under what conditions the technology was allowed for the modification of the drinking water in other States, where the technology is foreseen for a change of the physical properties of water or in the chemical not modified by the legislation. The competent public health authority shall issue an authorisation for the use of water-based technology if the applicant demonstrates that the water-based technology leads to compliance with the quality of drinking water and does not adversely affect it.
(11) Persons producing hot water (§ 3 (3)) may only use chemicals and chemical mixtures as modified by the implementing legislation or authorised under paragraph 6 (b) when adapting this water.
(12) Only products and materials which comply with the hygiene requirements laid down in paragraphs 1 to 4 or which have been authorised under paragraph 8 may be used to receive, collect, transport, modify, distribute, collect and measure the supply of raw, drinking, commercial and hot water and for similar purposes.
Natural and artificial pools and saunas
§ 6
(1) In this Act:
(a) a natural swimming pool building authorised for the purpose of bathing or bathing tank in which bathing water is changed by controlled presence and drainage of drinking water or by continuous presence and drainage of chemically unmodified groundwater or surface water (8a), or a building authorised for bathing purposes equipped with a natural bathing water cleaning system (hereinafter referred to as "bathing building") or surface water8a), in which the operator offers a bathing service;
b) swimming pool, swimming pool, swimming pool, swimming pool for infants and toddlers.
(2) Spa and treatment pools and water for therapeutic purposes shall not be considered as swimming pools referred to in paragraph 1.
§ 6a
(1) The operator of a natural or artificial swimming pool or sauna shall ensure that bathing individuals are not exposed to health risks arising from water pollution for bathing, showering or cooling. The operator is a person who provides sauna or bathing in a natural or artificial pool. The operator shall:
(a) artificial swimming pools or saunas must ensure that bathing, showering or cooling water complies with the hygiene limits of microbiological, physical and chemical quality indicators;
(b) the natural swimming pool must monitor the quality of bathing or showering water by ensuring laboratory control of the pollution indicators referred to in paragraph 3 (a) and (c), by performing visual control of bathing water pollution by macroscopic algae or waste, and by assessing bathing water pollution in view of the possible impact of the health of bathing individuals; a similar obligation shall be imposed on the county health centre in the case of surface bathing waters listed in Section 6g (1) (a), unless the operator or person referred to in Section 6d so requires.
(2) The obligation referred to in paragraph 1 (a) or (b), when providing water for showering, is not fulfilled by an operator of a natural or artificial swimming pool or sauna if the water for showering is supplied in accordance with the procedure laid down in Article 3 (3).
(3) Pollution of bathing or cooling water means:
(a) exceeding the hygiene limit of the microbiological bathing water quality indicator in the natural swimming pool or exceeding the hygiene limit of the physical bathing water indicator in the bathing tank or in the construction allowed for bathing purposes equipped with a natural water treatment system;
(b) exceeding the hygiene limit of a microbiological, physical or chemical bathing water quality indicator in an artificial swimming pool or cooling in a sauna;
(c) exceeding the limit value of the sinus reproduction indicator in bathing water in the natural swimming pool; the multiplication of sines means the accumulation of sines in the form of flowers, carpets or foam; or
(d) the occurrence of waste, multi-cellular organisms or macroscopic algae to the extent that it affects the quality of bathing water in the natural swimming pool and presents a risk to the health of bathing individuals.
(4) The water pollution to be showered shall be assessed according to the hygiene limits of the bathing water quality indicators, if it is a natural or artificial swimming pool, or if it is a sauna.
(5) The hygiene limits of bathing water quality indicators in an artificial swimming pool and cooling in a sauna are set as limit values or maximum limit values. The limit value shall be the value the excess of which indicates a non-compliance with an indicator or hygiene requirement which may result in a risk to the health of bathing individuals. The maximum limit value is the value above which the health of bathing individuals is at risk.
(6) The limit and maximum limit values for microbiological, physical and chemical bathing water quality indicators in artificial swimming pools and saunas, the health limits of microbiological and physical water quality indicators in natural swimming pools, the monitoring rules and the method of evaluation of multicellular organisms in natural swimming pools, the indicators and limit values for sinus reproduction, the rules for monitoring the occurrence of sinuses, the rules for visual control of water pollution and the rules for monitoring water quality in natural swimming pools, the rules for its assessment, evaluation and classification and the manner, deadlines and extent of public information in natural swimming pools are laid down in implementing legislation.
§ 6b
(1) If water pollution for bathing or showering occurs, the natural swimming pool operator is obliged to inform the public about this throughout the duration of the pollution. The information shall be placed at all cash registers at the entrance to the swimming pool and, if not, close to the swimming pool in a visible place, shall be easily legible, in indelible form and shall not contain data other than those relating to water pollution. If the limit value of the sinus reproduction indicator in the bathing water in the natural swimming pool is exceeded, the operator shall carry out an additional chemical and organoleptic assessment of bathing water quality without delay to the extent provided for in the implementing legislation.
(2) An artificial swimming pool or sauna operator shall, if the limit value of the bathing, showering or cooling water quality indicator is exceeded, carry out a check of compliance with the requirements laid down by this Act to operate an artificial swimming pool or sauna. If the maximum limit value of the bathing, showering or cooling water quality indicator is exceeded, the operation or separable part of the operation of the artificial swimming pool or sauna shall be stopped until the fault has been corrected.
(3) The artificial swimming pool or sauna operator shall inform the public of the cessation of operation of the artificial swimming pool or sauna or part thereof for the duration of water pollution; the second sentence of paragraph 1 shall apply mutatis mutandis to the implementation and location of the information.
(4) Water pollution in a natural or artificial swimming pool or sauna resulting in the procedure referred to in paragraph 1, first sentence or paragraph 3, shall be notified without delay to the competent public health authority. The notification shall state, in addition to the formalities laid down in the administrative rules, the reasons for the procedure referred to in paragraph 1, the first sentence or paragraph 3, the action taken and the expected duration of the action.
§ 6c
(1) The operator of a natural or artificial swimming pool or sauna is also obliged to:
(a) ensure, for the holder of an accreditation certificate issued under the Act on Technical Requirements for Products (8), the holder of a laboratory certificate issued under the Water Act (8a) or the holder of an authorisation issued under this Act (§ 83c), the sampling of bathing water, showering or cooling water, including additional and additional samples, and their laboratory inspection under the implementing legislation and the monitoring calendar (§ 82a), if the operator is not obliged to do so, if the water is supplied in the natural bathing area on the surface waters in which the operator offers the bathing service under § 6a or surface water used for bathing under § 6d;
(b) ensure, for the person referred to in (a), that a report on the results of the laboratory inspection of water quality is made in electronic form;
(c) keep a record of the results of the laboratory inspection of water quality for 5 years from the date of completion;
(d) transmit in electronic form a report on the outcome of the laboratory water quality check to the competent public health authority;
(e) meet the hygiene requirements for the breakdown, equipment and operation of a natural or artificial swimming pool or sauna;
Contents
ČÁST PRVNÍ HLAVA I § 1 § 2 HLAVA II Díl 1 § 3 § 3a § 3b § 3c § 3d § 4 § 5 § 6 § 6a § 6b § 6c § 6d § 6e § 6f § 6g Díl 2 § 7 § 7a § 8 § 9 § 10 § 11 § 12 § 13 § 14 Díl 3 § 15 § 16 § 17 § 18 Díl 4 § 19 § 20 § 21 § 21a § 22 § 23 § 24 Díl 5 § 25 § 26 § 27 Díl 6 § 30 § 31 § 32a § 33 § 34 § 35 § 36 Díl 7 § 37 § 38 § 39 § 40 § 40a § 41 § 41a § 42 § 44 Díl 8 § 44a § 44b HLAVA III Díl 1 § 45 § 46 § 47 § 47a § 48 § 49 § 50 § 51 § 53 § 54 Díl 2 § 55 § 56 § 57 § 58 § 59 § 60 § 61 Díl 3 § 62 § 62a § 63 § 64 § 65 § 66 § 67 § 68 § 69 § 70 Díl 4 § 71 § 72 § 73 § 74 § 75 § 75a § 75b HLAVA IV § 76 § 77 HLAVA V Díl 1 Oddíl 1 § 78 § 79 § 79a § 79b § 79c § 79d § 79e § 79f § 79g § 79h § 79i § 79j § 79k § 79l § 79m § 80 § 81 § 81a § 81b § 81ba § 81c § 81d § 81e § 82 § 82a § 82b § 83 § 83a § 83b § 83c § 83d § 83e § 84 Oddíl 2 § 85 Oddíl 3 § 86 Oddíl 4 § 87 Oddíl 5 § 88 § 88a § 89 § 90 Díl 2 § 92a § 92b § 92c § 92d § 92e § 92f § 92g § 92h § 92i § 92j § 92k § 92l § 92m § 92n § 93 § 94 § 94a Díl 3 § 95 HLAVA VI § 96 HLAVA VII Díl 1 § 97 § 98 § 99 § 100 § 100a § 100b § 100c § 100d § 100e § 100f Díl 2 § 101 § 102 § 103 § 104 § 105 § 106 Díl 3 § 108 § 109 ČÁST TŘETÍ § 111 ČÁST DEVÁTÁ § 117 ČÁST DESÁTÁ § 118 ČÁST JEDENÁCTÁ § 119 ČÁST DVANÁCTÁ § 120 ČÁST ČTRNÁCTÁ § 122 ČÁST DEVATENÁCTÁ § 127 ČÁST DVACÁTÁ § 128 ČÁST DVACÁTÁ PRVNÍ § 129 ČÁST DVACÁTÁ TŘETÍ § 131 ČÁST DVACÁTÁ PÁTÁ § 133

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Regulation Information

CitationAct No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation11.08.2000
Effective from01.01.2001
Effective until-
Status Valid
The regulation text is for informational purposes only.
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