When it became Act No. 274 / 2003 Coll. effectiveness?

Act No. 274 / 2003 Coll. became effective 01.10.2003.

Is Act No. 274 / 2003 Coll. still valid?

Yes, Act No. 274 / 2003 Coll. is still valid and effective.

How many times was it Act No. 274 / 2003 Coll. amended?

Act No. 274 / 2003 Coll. has 14 time versions of the text.

Act No. 274 / 2003 Coll.

Q: What is Act No. 274 / 2003 Coll.?

Act No. 274 / 2003 Coll. — Law amending certain laws on public health protection.

Law amending certain laws on public health protection

Valid Law Effective from 01.10.2003

Text versions: 01.07.2017 01.04.2015 01.01.2014 01.04.2012 31.12.2007 All versions (13)

ČÁST PRVNÍ Čl. I „§ 3 „§ 3a § 3b „§ 4 „§ 5 „§ 6 „§ 7 „§ 8 „§ 11 „§ 11a „§ 12 „§ 18 „§ 19 „§ 21 „§ 21a „§ 30 „§ 37 „§ 38 „§ 41a „§ 47a „§ 49 „§ 73 „§ 77 „§ 79 „§ 83e „§ 90 „§ 99 „§ 100b § 100c Čl. II ČÁST DRUHÁ Čl. III ČÁST TŘETÍ Čl. IV Čl. V ČÁST PÁTÁ Čl. VII ČÁST SEDMÁ Čl. IX ČÁST OSMÁ Čl. X Čl. XI ČÁST DEVÁTÁ Čl. XII ČÁST JEDENÁCTÁ Čl. XIV „ČÁST XVI ČÁST ČTRNÁCTÁ Čl. XVII ČÁST PATNÁCTÁ Čl. XVIII ČÁST ŠESTNÁCTÁ Čl. XIX ČÁST OSMNÁCTÁ Čl. XXI ČÁST DEVATENÁCTÁ Čl. XXII

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274

THE LAW

of 7 August 2003

amending certain laws on the protection of public health

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Public Health Protection Act

Čl. I

Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Acts, as amended by Act No. 254 / 2001 Coll., Act No. 274 / 2001 Coll., Act No. 13 / 2002 Coll., Act No. 76 / 2002 Coll., Act No. 86 / 2002 Coll., Act No. 120 / 2002 Coll., Act No. 309 / 2002 Coll. and Act No. 320 / 2002 Coll., is amended as follows:

1. In Article 2 (2), the words "health threats in relation to work carried out, creation 'shall be inserted after the words" disease' and, at the end of the paragraph, the sentence "Public health threats are a condition in which the population or groups of people are exposed to a risk from which the level of burden on the risk factors of natural, living or working conditions exceeds a generally acceptable level and represents a significant risk of harm to health '.

2. In the first sentence of Article 2 (3), the word "estimation 'is replaced by the word" assessment'; the sentence "The basis for assessing health risk is qualitative and quantitative risk estimation [Paragraph 80 (1) (l)] '; and at the end of the paragraph, the sentence" Risk assessment on the occupational safety and health sector and the employer's obligation to prevent risks to health and safety at work is added.

footnote 1 is replaced by the following:

"1) Labour law. Government Decree No 178 / 2001 Coll., laying down conditions for the protection of workers' health at work, as amended by Government Decree No 523 / 2002 Coll. '

3. Paragraph 2 (4), including footnote 2, is deleted.

Paragraphs 5 to 7 shall be renumbered paragraphs 4 to 6.

4. in Article 2 (5) and (6), including footnotes (3) and (4):

"(5) 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.

(6) 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, within the time limits laid down by the interim measures of a state health establishment, (3) persons operating non-state health facilities (4), or by decision of the competent public health protection authority, to have a doctor examined or subjected to an examination or, where appropriate, to monitor his or her health status for a specified period of time, and to notify that fact to the competent doctor or competent public health protection authority,

(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.

3) Act No. 20 / 1966 Coll., on the Care of People's Health, as amended.

4) Act No. 160 / 1992 Coll., on health care in non-state health institutions, as amended. '

5. in Article 2, paragraphs 7 to 13 are added after paragraph 6, including footnotes (4a) and (4b):

"(7) 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.

(8) For the purposes of this Act, a family member shall mean the spouse or the mate, the children, the enlisted persons, the foster or guardian children and the parents of the entrepreneur, his wife (her spouse) or the partner (partner).

(10) The placing on the market of product (4a) means the moment when a product on the European Community market is, for the first time, submitted or offered for sale for distribution or use, or when ownership rights are transferred to it for the first time, unless otherwise provided for in specific legislation.4b) Products manufactured or imported for operational needs4a) in their own business by manufacturers or importers are considered to be marketed.

(11) For the purposes of this Act, the manufacturer shall be considered to be the person who manufactures the product or even merely proposes the product which he intends to place on the market or put into circulation, as well as the person who, as a manufacturer, places on the product his commercial firm or the name and surname of the natural person, trade mark or other distinguishing sign, or the person who modifies the product for the purpose of placing it on the market or putting it into circulation, unless the specific legislation 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)

4a) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended.

4b) For example, Act No. 22 / 1997 Coll., as amended, Act No. 157 / 1998 Coll., on Chemicals and Chemicals and amending certain other acts, as amended, Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related acts, as amended. '

6. In the title of Part 1 of Title Two, the words "chemicals," are deleted.

Article 7 (3), including the title and footnotes 5), 6) and 6a) shall read as follows:

„§ 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 and recommended values. The recommended values are non-binding values of drinking water quality indicators which determine the minimum desired or acceptable concentration of the substance or the optimal concentration range of the substance. 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) the owner and, if he is not an operator, the water duct operator, for which the 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 his business or as part of another activity of the 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;

(d) a person supplying drinking water from an individual source of public objects (e.g. schools, medical facilities).

(3) Hot water, supplied by a utility water pipeline or internal water supply line, (6a) which are constructively connected by a mixing battery with a drinking water pipeline, can only be made from drinking water by the manufacturer. This hot water shall comply with the hygiene limits of microbiological, biological, physical, chemical and organoleptic quality indicators covered by the implementing legislation. In other cases, the producer of hot water supplied as part of his business or other activity of a legal person shall ensure that hot water meets the requirements laid down in Article 6 (3) (a) for the quality of pool water of artificial swimming pools; such water shall be marked as non-drinking by the manufacturer at all sampling points.

(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, on the basis of a proposal from 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 compromised, 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 maximum limit within the last 12 months has not taken longer than 30 days.

(5) 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. Applications shall be accompanied by implementing legislation.

5) Council Directive 98 / 83 / EC on the quality of water intended for human consumption.

6) Act No. 164 / 2001 Coll., on Natural Medical Resources, Natural Mineral Water Resources, Natural Spa and Spa Places and on the Change of Certain Related Laws (Spa Act), as amended.

6a) Act No. 274 / 2001 Coll., on water and sewage for public use and on the amendment of certain laws (Water and Sewerage Act), as amended by Act No. 320 / 2002 Coll. '.

8. the following Sections 3a and 3b are inserted after Section 3:

„§ 3a

(1) Where the persons referred to in Article 3 (2), except those referred to in Article 3 (2) (b), find that corrective measures are not capable of achieving compliance with the indicators with the highest limit value, with the exception of microbiological indicators, in accordance with the procedure laid down in Article 3 (4), third sentence, they may request the competent public health authority to establish a lighter hygiene limit 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.

(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) In exceptional circumstances, the competent public health authority [Paragraph 80 (1) (f)] may, at the request of the person referred to in paragraph 1, authorise a further extension of the milder hygiene limit for a maximum period of 3 years, at the latest, of the period extended pursuant to paragraph 1.

(4) The authorisation referred to in paragraph 3 may be granted by the competent public health authority only if the Commission of the European Communities authorises, at the request of the Czech Republic on behalf of the competent public health authority [Paragraph 80 (1) (f)].

(5) In the procedure referred to in paragraphs 1, 3 and 4 and Article 3 (4) and (5), the competent public health authority shall also take into account the threat to human health which could result from the interruption of the supply of drinking water or the restriction of its use.

(6) The procedure for the authorisation of a derogation provided for in Article 3 (4) and for the procedure for the determination of a milder hygiene limit and its extension pursuant to paragraphs 1 and 3 shall not be subject to the administrative rules. A person may object in writing to the refusal, except in the case of a request for extension of the period referred to in paragraph 3, within 3 days of receipt of the refusal. The objections submitted shall be decided by the superior public health authority. No appeal may be lodged against the decision on objections. Where there are grounds for doing so, the superior public health authority shall comply with the objections; otherwise reject the objections and confirm the measures taken by the public health authority. The application referred to in paragraphs 1 and 3 shall contain the particulars referred to in points (a) to (e) of paragraph 7.

(7) The competent public health authority shall lay down, in the determination of a milder hygiene limit and its extension pursuant to paragraphs 1 and 3:

(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;

(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.

(8) The persons referred to in Article 3 (2) shall immediately inform, to the appropriate extent, of the determination of a lighter hygiene limit and its extension, as well as of the decision of the public health authority prohibiting or restricting the use of drinking water [Paragraph 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.

(9) The competent public health authority shall immediately inform the superior public health authority of the procedure referred to in paragraphs 1, 2 and 7 and in Article 3 (4) and (5). It shall communicate to the Commission of the European Communities the results of the verifications referred to in paragraph 2 and the reasons for extending the milder hygiene limit referred to in paragraph 1.

§ 3b

(1) The Ministry of Health is obliged to inform the Commission of the measures provided for in Article 3a within 2 months if they concern water supply and other sources of drinking water with an average consumption of more than 1 000 m3 per day or used by more than 5 000 natural persons. The information shall include information to the extent provided for in Article 3a (7) (a) to (e).

(2) Every 3 years, the Ministry of Health shall draw up a report on the quality of drinking water, containing at least the information on all individual sources of drinking water referred to in paragraph 1. The report shall be published within one calendar year following the end of the relevant three-year period in its seat on a site which is generally accessible and in a way which allows remote access. The report shall be sent by the Ministry of Health within 2 months of its publication to the Commission of the European Communities. ';

„§ 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, under the conditions laid down in the implementing legislation, to provide the holder with an accreditation certificate (4a) or an authorisation holder (§ 83c)

(a) checking that water is of a drinking water quality, at least to the extent and frequency laid down in the implementing legislation, and using 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.

(2) The method of determining the sampling points for drinking water shall be determined by the competent public health authority on the basis of a proposal from the person referred to in Article 3 (2) or on its own initiative. The Protocol referred to in paragraph 1 (b) shall be kept by the persons referred to in Article 3 (2) for a period of 5 years from the date of sampling of drinking water. The details of the protocol, the form of its electronic form and the data interface shall be adapted by implementing legislation.

(3) The persons referred to in Article 3 (2) shall be required to draw up an operating schedule specifying the places of collection of crude or, where appropriate, drinking water, the basic data on the water treatment technology, the chemical preparations used, the conditions of maintenance, the plan for the operation and technical condition of the water supply, the sampling points for drinking water, the extent and frequency of checks and the number of persons supplied. The operating rules and amendments thereto shall be submitted to the competent public health authority for approval before their adoption. Furthermore, the persons referred to in Article 3 (2), with the exception of those providing replacement supplies of drinking water and those supplying drinking water as part of their business or other activity, legal persons in air, water and land vehicles, are required to ensure that customers (6a) and other persons to whom drinking water is supplied are provided with up-to-date information on the quality of the drinking water supplied and the substances used to adjust the water.

(4) The competent public health authority may have the scope and frequency of the control of drinking water provided for in the implementing legislation.

(a) to extend, on its own initiative or on the proposal of the person referred to in Article 3 (2), the characteristics of which are close to the maximum limit value or limit value, or other indicators likely to occur due to geological composition, accident or other exceptional occurrences, as well as to increase the frequency of checks on drinking water;

(b) reduce, on the basis of the proposal of the person referred to in Article 3 (2), the quality characteristics of the drinking water supplied and the source thereof, in the case of demonstrably stable and satisfactory values,

and terminate these measures. The details of the proposals referred to in points (a) and (b) shall be adapted by implementing legislation. In the procedure referred to in point (b), the public health authority may reduce the frequency of the control provided for in the implementing legislation for the selected indicators of reduced analysis in a given supply area if it can reasonably be assumed that the quality of drinking water will not deteriorate. However, the lowest control frequency allowed shall not be less than 50% of the number of samples laid down in the implementing legislation. For microbiological indicators and a microscopic image, the frequency of the check may be reduced only if the applicant has demonstrated that they meet all their indicators. For the selected indicators of complete analysis, except for the enterococci indicator and the indicators which are the subject of a reduced analysis, the public health authority may reduce the frequency of the control provided for by the implementing legislation in a given supply area if it considers that the indicator in question is not present in drinking water at levels that might lead to a lack of compliance with the relevant hygiene limit and it can reasonably be assumed that the quality of drinking water will not deteriorate; in this case, the public health authority may not issue measures for more than 2 years and for the resources referred to in Article 3 (2) (a) for more than 3 years.

(5) 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. If, in such a case, the construction in which water is supplied to the public is subject to immediate investigation by customers (6a) and other persons in a similar position to which drinking water is supplied, upon receipt of the information referred to in the fourth sentence, the fourth obligation shall be to investigate and establish the cause of the non-compliance with drinking water quality indicators and take effective corrective action.

(6) Where a person referred to in Article 3 (2) finds that other substances or components of drinking water not covered by the implementing legislation are present, he shall immediately notify the competent public health authority thereof. The public health authority shall, upon notification of a person or on its own initiative, determine the hygiene limit for the presence of such substances or components where they are contained in water in concentrations or quantities which do 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 second sentence.

(7) The procedure for the issue of measures laying down the method for determining the sampling points for drinking water, the measures referred to in paragraph 4 and the measures to which the public health authority determines the hygiene limit referred to in paragraph 6 shall not be subject to the administrative rules. The person referred to in Article 3 (2) may object in writing to the measures within 3 days of their receipt. The objections submitted shall be decided by the superior public health authority. No appeal may be lodged against the decision on objections. Where there are grounds for doing so, the superior public health authority shall comply with the objections; otherwise reject the objections and confirm the measure. The details of the proposals referred to in paragraphs 2 and 4 and the details of the notifications referred to in paragraph 6 shall be amended by implementing legislation. ';

footnote 7), including the references to this footnote, is deleted.

10.

„§ 5

Products coming into direct contact with drinking, hot and raw water, chemical products, water treatment and water treatment technology

(1) The manufacturer or importer of a product intended for direct contact with drinking, hot or crude water (6a) when taking, collecting, transporting, adjusting, distributing, collecting, measuring supplies and other similar purposes (hereinafter referred to as "the product in direct contact with water") and the manufacturer or importer of a chemical product intended for the treatment of drinking water or hot water shall ensure that their composition and labelling on packaging, tag, accompanying documentation or instructions comply with the hygiene requirements of the implementing legislation. Products which do not comply with these hygiene requirements shall not distribute (4a). Furthermore, the manufacturer or importer of the product coming into direct contact with water shall ensure that the surface treatment of the product complies with the hygiene requirements of the implementing legislation.

(2) The manufacturer or importer of a product coming into direct contact with water shall ensure, prior to its placing on the market, a verification of the authorisation holder (§ 83c) under this Act and, if construction products are for a person authorised under a specific legislation, 4a) in a manner regulated by the implementing legislation that there is no undue influence on drinking or hot water; the verification is required to have an alert. The procedure for evaluating such verification and the manner and scope of the verification record shall be governed by the implementing legislation.

(3) The manufacturer and importer must always equip a product in direct contact with water and a chemical product which, when used incorrectly, could cause health harm to individuals or degrade drinking, hot or crude 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 obliged to distribute such a product or chemical preparation to the consumer or to another user with instructions for use or, where appropriate, instructions to remove the consequences of incorrect use.

(4) Otherwise, when assessing the safety of a product coming into direct contact with water, which is a building product under a specific legislation, 8) it shall be treated in accordance with a specific legislation. (4a)

(5) On a proposal from the manufacturer or importer, the competent public health authority shall decide:

(a) the admissibility, content and, where appropriate, the migration limit of substances not covered by the implementing legislation for products coming into direct contact with water; This shall not apply if the products referred to in paragraph 4 are concerned,

(b) the admissibility of a chemical preparation intended for the treatment of drinking water or hot water, not covered by the implementing legislation.

(6) The competent public health authority shall issue the authorisation referred to in paragraph 5 if the applicant proves that the quality of drinking or hot water will not be adversely affected. The formalities for applications referred to in paragraph 5 shall be adapted by implementing legislation.

(7) The persons referred to in Article 3 (2) may use only water-based technologies covered by the implementing legislation and chemical products covered by the implementing legislation or authorised under paragraph 5 (b) for water treatment purposes.

(8) On the proposal 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 competent public health authority shall issue a permit for the use of water management technology if the applicant demonstrates that water management technology leads to compliance with the quality of drinking water and does not adversely affect it. The requirements of the proposal shall be adapted by implementing legislation.

(9) Persons producing hot water (Paragraph 3 (3)) may only use chemical products as provided for in the implementing legislation or authorised under paragraph 5 (b) when adjusting this water.

(10) Only products which comply with the hygiene requirements laid down in paragraphs 1 to 3, paragraph 5 (a) and paragraph 6 may be used to receive, collect, transport, modify, distribute, collect and measure the supply of raw, drinking and hot water and for similar purposes.

8) Government Decree No. 163 / 2002 Coll., laying down technical requirements for selected construction products. '

11. Article 6, including the title and footnotes Nos 8a and 8b, reads as follows:

„§ 6

Baths and saunas

(1) A outdoor swimming pool means a natural or artificial water area which is designated as suitable for bathing for the public, not for artificial swimming pools. The artificial swimming pool shall be a covered or uncovered building or installation intended for bathing and accessible to the public and related operational areas with equipment. The bathing conditions of natural persons in surface water used for this purpose by a larger number of natural persons with regard to satisfactory water quality are laid down in specific legislation. (a)

(2) A person who operates a swimming pool in the wild, an artificial swimming pool or a sauna (hereinafter referred to as "swimming pool") is obliged to comply with the conditions laid down by this law. If the swimming pool is operated as a free service, the person responsible for carrying out the obligations under this law shall be the person who identified them as such.

(3) The person referred to in paragraph 2 shall:

(a) ensure that the water in the swimming pool complies with the hygiene limits of the quality indicators laid down by the implementing legislation;

(b) ensure, for the holder of the accreditation certificate (4a) or for the holder of the authorisation (§ 83c), the monitoring of compliance with the obligation under point (a), its evaluation and the report on the outcome of the check in electronic form, in the manner, in the frequency and extent laid down in the implementing legislation; forward the protocol in electronic form without delay to the competent public health authority; the details of the protocol, the form of its electronic form and the data interface shall be adapted by implementing legislation;

(c) ensure compliance with the conditions laid down in the implementing legislation for swimming pool equipment, cleaning and cleaning;

(d) establish an operating schedule setting out the conditions of operation, including the way in which water is to be treated, the principles of personal hygiene of workers and the protection of visitors' health and the way in which the environment is cleaned; submit the draft operating rules and amendments thereto for approval to the competent public health authority;

(e) keep a record of the results of the checks carried out to the extent referred to in (b) and store them for 5 years.

(4) The person who operates an artificial swimming pool or sauna is also obliged to:

(a) water in the pool of artificial swimming pools and saunas in the manner and to the extent covered by the implementing legislation to disinfect, modify and alter and comply with the hygiene requirements for the intensity of its recirculation as laid down in the implementing legislation;

(b) ensure that the water in the source for the pool of artificial swimming pools and saunas is of the quality laid down in the implementing legislation;

(c) comply with the hygiene requirements laid down in the implementing legislation for their design and spatial solutions;

(d) to ensure the microclimatic conditions laid down in the implementing legislation.

(5) Where the person referred to in paragraph 2 ascertains the presence of other substances or components of water in the swimming pool or in the water source for the artificial swimming pool or saunas not covered by the implementing legislation, he shall immediately notify the competent public health authority thereof. The public health authority, on the basis of a notification by a person or on its own initiative, shall, by decision, establish a hygiene limit for the presence of such substances or components where they are contained in water in concentrations or quantities which do not endanger public health. The person referred to in paragraph 2 shall check compliance with the hygiene limit in the manner and frequency provided for in the implementing legislation for the occurrence of other water indicators, unless otherwise provided for by the competent public health authority in accordance with the second sentence. The formalities for notification shall be adapted by implementing legislation.

(6) The obligations referred to in paragraphs 3 and 5 shall also apply to persons operating in buildings and facilities on land adjacent to surface water which are used by the public for bathing, the trade in the operation of body and sports facilities and facilities serving regeneration and recondition, the provision of body and sports services, accommodation services in accommodation facilities, with the exception of persons providing accommodation in housing houses, family houses and buildings for individual recreation, the host business under which the accommodation services are provided, or the business of massage, restoration and regeneration services. 8b)

(7) The Ministry of the Environment shall, at regular intervals, submit to the Commission of the European Communities a report on swimming pools in the wild referred to in paragraph 1 and on surface waters used for bathing by persons for satisfactory water quality in accordance with the specific legislation (8a) and their most relevant characteristics.

8 (a) Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended.

8b) Government Decree No. 469 / 2000 Coll., establishing the content of individual trades. '

12. In Title Two, in the title of Part 2, the words "and the conditions of the internal environment of the building 'are replaced by the words", the conditions of the internal environment of the building and the hygiene requirements for outdoor playing areas for children's games'.

13. Article 7, including the title and footnotes 9), 10) and 10a) shall read as follows:

„§ 7

Hygienic requirements for premises and operation of schools, preschool and school facilities, social education facilities and facilities for children requiring immediate assistance

(1) Primary and secondary schools, (9) Pre-school and school establishments included in the network of pre-school institutions, schools and school institutions, (10) except for the school library and pedagogical psychological advice, as well as social education and childcare facilities requiring immediate assistance (10a) (hereinafter referred to as "education and training facilities") are required to ensure that the hygiene requirements laid down by the implementing legislation on spatial conditions, equipment, operation, lighting, heating, microclimatic conditions, water supply and cleaning are met. The obligation in the first sentence shall also apply to the person carrying out the business of childcare under the age of 3 years under the daily regime and to the person carrying out the business of upbringing and extracurricular education when the activity is carried out in the establishment. 20)

(2) The day-scheme, taking into account the age and physical characteristics of children and adolescents, the conditions of their mobility and debilitation, the conditions of vocational training and teaching practice, the diet scheme, including the drinking regime, and, where appropriate, the way in which the laundry is handled, will be adapted to the establishment of education and training in the working order.

(3) In order to prevent and spread infectious diseases, an establishment for the education and training of children or adolescents showing signs of acute illness must ensure that other children and adolescents are separated and supervised by an adult natural person.

9) Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended.

10) Act No. 564 / 1990 Coll., on State Administration and Self-Government in Education, as amended. Act No. 76 / 1978 Coll., on school establishments, as amended.

10a) Act No. 359 / 1999 Coll., on Social Protection for Children, as amended. '

14.

„§ 8

Recovery actions

(1) The recovery event is an organised stay of 30 or more children under the age of 15 for a period of more than 5 days, whose purpose is to strengthen children's health, to increase their physical fitness, or to acquire specific knowledge or skills.

(2) The person holding a recovery operation (hereinafter referred to as "the organiser") is required to ensure its location, water supply and disposal of waste and sewage in accordance with the hygiene requirements laid down in the implementing legislation. The organizer shall also comply with the hygiene requirements for the spatial and functional breakdown of buildings and equipment, their equipment and lighting, accommodation, cleaning, catering and day mode, which shall be adapted by the implementing legislation. The implementing legislation shall specify which foods must not be administered or used by the organiser for the recovery operation for the preparation of meals, unless the conditions laid down in this implementing legislation are met.

(3) The organiser shall report to the competent public health authority one month before the start of the recovery operation

(a) the date and place of its conduct;

(b) the number of children involved in the recovery operation;

(d) the method of catering the participants in the recovery event.

(4) As part of the declaration referred to in paragraph 3, the organiser shall, where the drinking water is not secured by the persons referred to in Article 3 (2), submit a protocol on a reduced quality analysis of drinking water. The scope of the reduced quality analysis of drinking water shall be determined by implementing legislation. The Protocol shall not be more than 3 months old.

(5) In doubt who the organiser is, the organiser shall be deemed to be the person who notified the recovery operation referred to in paragraph 3. ';

15. at the end of point (a) of Article 9 (1), the words "and have undergone the prescribed periodic vaccination or has evidence that it is immune to the disease or that it cannot undergo vaccination for permanent contraindication."

16. in Article 9 (3) and (4), including footnotes 11) and 12):

"(3) The medical fitness of a child for participation in a school in nature or for a recovery event is assessed and the assessment is issued by a practitioner for children and the youth who register the child. 11) The practical doctor for children and young people who register the child shall also indicate in his or her opinion whether the child has undergone the prescribed periodic vaccination or has evidence that he or she is immune to the disease or cannot undergo the vaccination for a permanent contraindication. The model of the opinion shall be adapted by implementing legislation. The medical assessment of the child shall be valid for a period of one year from the date of issue, unless there has been a change in the medical fitness of the child during that period. The facts referred to in paragraph 1 (b) and (c) shall be confirmed in a written declaration by the legal representative of the child; 12) this certificate must not be more than one day old. The medical assessment of the child and the written declaration shall be transmitted by the legal representative to the person hosting the primary school or pre-school establishment for the purposes of Article 11 (1) (b) and (f).

(4) The primary school and pre-school establishments which send children to school in nature are required to report to the competent public health protection authority one month before it begins the data to the extent provided for in Section 8 (3) and to provide it with the document provided for in Section 8 (4).

11) Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of certain related laws, as amended.

12) Act No. 94 / 1963 Coll., on Family, as amended. '

17. in Paragraph 10 (2), the sentence "This opinion shall be valid for one year from the date of issue, unless there has been a change in the medical fitness of a natural person during that period" shall be inserted after the first sentence, and in the third sentence, the word "submit" shall be replaced by "transmit" and the words "for the purposes referred to in Article 11 (1) (b) and (f) shall be added at the end of the sentence."

18. Article 11, including the title, reads:

„§ 11

Obligations of primary schools and preschool establishments which send children to school in nature, and organisers

(1) Primary school and pre-school establishments which send children to school in nature and the organiser are obliged to provide

(a) basic health care for all participants during the duration of the recovery action or school in nature, checking compliance with the health requirements laid down by this Act and implementing legislation and checking compliance with the principles of personal hygiene by natural persons referred to in Article 10 (3) by an eligible natural person (health care professional); for the purposes of this Act, a natural person who has at least a full secondary vocational training in the field of general nurse, pediatric nurse or midwife, a natural person who has completed a first-aid course focusing on medical activity at school in nature or on recovery, and a medical student after the third year; The first aid course shall be adjusted by implementing legislation,

(b) participation only in natural persons meeting the conditions laid down in Article 10; participation by a health care professional in the examination of the health certificates of natural persons referred to in Article 10 (3), taking over the opinions and declarations referred to in Articles 9 (3) and 10 (2), drawing up the diet and the schedule of the day; the availability of a health care professional 24 hours a day throughout the duration of the recovery event or school in nature; the acquisition by a health care professional of an extract of medical certificates (Sections 9 (3) and 10 (2)); in the statement, the health care professional shall state the conclusion of the assessment and which medical institution has issued the assessment;

(c) the return of medical certificates on completion of a school in nature or of a recovery operation to legal representatives of children and natural persons active in a school in nature or a recovery operation;

(d) the equipment of a medical kit for a school in nature or a recovery action by type of action; the smallest contents of the medicine cabinet for schools in nature and recovery actions are provided for in the implementing legislation,

(e) the care of a practitioner available from a school venue in nature or a recovery event, except for a travelling recovery event;

(f) keeping a health diary and a list of participants, a declaration as referred to in the fifth sentence of Article 9 (3), statements from assessments on the fitness of children and natural persons working at a school in nature or a recovery action and the subsequent retention of such documents for a period of 6 months from the end of the school in nature or the recovery action;

(g) the information of the person in charge of the child, the health problems that the child has experienced during the course of school in nature or the recovery event and any contact with the infection.

(2) The organiser shall also ensure that all natural persons involved in a recovery operation, with the exception of a health care professional, are instructed to provide health requirements for such actions and to prevent and spread of infectious diseases and other health damage, including the basis of first aid, if they have not yet taken part in such training. ';

19. The following Section 11a is inserted after Section 11:

„§ 11a

Rehabilitation camp for children, 10a) is also considered as a recovery event even if it is attended by adolescents. The organisation of training camps is subject to conditions adapted for the organisation of recovery events in Sections 8 to 11. The duties of the organising person shall be fulfilled by the authorised person who has set up the camp, 10a) and, if not such person, by the person who has set up the training camp for children. ';

20. Paragraph 12, including the title, reads:

„§ 12

Other similar events for children

In the case of an organised stay of children of less than or for a period shorter than that provided for in Article 8 (1), with the exception of actions organised for children in relation to family and similar arrangements, the person holding the event shall ensure the hygienic health of the establishment, the supply of drinking water to the extent provided for in the implementing legislation for recovery actions and the participation of only natural persons who fulfil the conditions laid down in Article 10 (1) and (3). ';

21. In the first sentence of Paragraph 13 (1), the words' medical preventive care 'shall be deleted.

22. in Paragraph 13 (2):

"(2) The operator of an outdoor playing area intended for children's games shall ensure that the sand used to play children in sandboxes is not contaminated microbially, chemically and parasitically above the hygiene limits laid down by the implementing legislation. The conditions for the operation of such a playing area with a sandbox, the maintenance regime and the manner in which the specified hygiene limits are ensured shall be adapted by the operator in the operating schedule. ';

23. In Title Two, in the title of Episode 3, the words "medical preventive care 'are deleted.

24. In the first sentence of Article 15 (1), "preventive care 'is deleted and in the second sentence," in a preventive care facility' is replaced by "in a medical institution '.

25. In Article 15 (2), the sentence "Persons operating non-state special children's establishments and special children3) shall be inserted after the first sentence of Article 15 (2), and they shall continue to adapt, in the operational rules, the arrangements for children's age and physical specificities and the eating arrangements."

26. In Article 16 (1), the word "epidemiological 'is replaced by" anti-epidemic'.

27. in Article 16 (2) (a), the words "competent" shall be inserted after the words "competent" and the words "competent by place of activity" shall be deleted;

28. in Article 16 (2) (b), the word "competent" shall be inserted after the word "to report" and the words "competent by place of activity" shall be deleted;

29. In Article 17 (1), the word "medical 'and the words" medical care' are inserted after the words "persons'.

30.

„§ 18

(1) The person providing care and the person operating the laundry is obliged to store, transport, wash and treat the laundry in a manner regulated by the implementing legislation from a health institution or social care institution. A person operating a laundry detergent (17a) from a health care institution or social care institution shall be obliged to equip that laundry in a manner regulated by the implementing legislation.

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Regulation Information

Citation	Act No. 274 / 2003 Coll.
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	27.08.2003
Effective from	01.10.2003
Effective until	-
Status	Valid

Legal Areas: Health and safety at work Finance Civil law Civil law substantive Commercial law Fees Labour law Social security law Industrial rights Administrative authorities Administrative law State (official) control Water, Water management Health Agriculture Business

The regulation text is for informational purposes only.