Full text of Act No. 471 / 2005 Coll.

Full text of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as resulting from subsequent amendments

Valid Declared full text
Text versions: 05.12.2005
Contents
ČÁST PRVNÍ HLAVA I § 1 § 2 HLAVA II Díl 1 § 3 § 3a § 3b § 4 § 5 § 6 Díl 2 § 7 § 8 § 9 § 10 § 11 § 11a § 12 § 13 § 14 Díl 3 § 15 § 16 § 17 § 18 Díl 4 § 19 § 20 § 21 § 21a § 22 § 23 § 24 Díl 5 § 25 § 26 § 27 § 28 § 28a § 29 Díl 6 § 30 § 31 § 32 § 32a § 33 § 34 § 35 § 36 Díl 7 § 37 § 38 § 39 § 40 § 41 § 41a § 42 § 43 § 44 Díl 8 § 44a § 44b HLAVA III Díl 1 § 45 § 46 § 47 § 47a § 48 § 49 § 50 § 51 § 52 § 53 § 54 Díl 2 § 55 § 56 § 57 § 58 § 59 § 60 § 60a § 61 Díl 3 § 62 § 62a § 63 § 64 § 65 § 66 § 67 § 68 § 69 § 70 Díl 4 § 71 § 72 § 73 § 74 § 75 § 75a HLAVA IV § 76 § 77 HLAVA V Díl 1 Oddíl 1 § 78 § 79 § 80 § 81 § 82 § 83 § 83a § 83b § 83c § 83d § 83e § 83f § 84 Oddíl 2 § 85 Oddíl 3 § 86 § 87 Oddíl 4 § 88 § 88a § 89 § 90 § 91 Díl 2 § 92 § 93 § 94 Díl 3 § 95 HLAVA VI § 96 HLAVA VII Díl 1 § 97 § 98 § 99 § 99a § 100 § 100a § 100b § 100c § 100d § 100e Díl 2 § 101 § 102 § 103 § 104 § 105 § 106 Díl 3 § 107 § 108 § 109 ČÁST DVACÁTÁ PÁTÁ § 133
471
PŘEDSEDA VLÁDY
vyhlašuje
úplné znění zákona č. 258/2000 Sb., o ochraně veřejného zdraví a o změně některých souvisejících zákonů, jak vyplývá ze změn provedených zákonem č. 254/2001 Sb., zákonem č. 274/2001 Sb., zákonem č. 13/2002 Sb., zákonem č. 76/2002 Sb., zákonem č. 86/2002 Sb., zákonem č. 120/2002 Sb., zákonem č. 309/2002 Sb., zákonem č. 320/2002 Sb., zákonem č. 274/2003 Sb., zákonem č. 356/2003 Sb., zákonem č. 362/2003 Sb., zákonem č. 167/2004 Sb., zákonem č. 326/2004 Sb., zákonem č. 562/2004 Sb., zákonem č. 125/2005 Sb., zákonem č. 253/2005 Sb. a zákonem č. 392/2005 Sb.
ZÁKON
o ochraně veřejného zdraví
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 Community1) and provides for
(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.
§ 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 and promotion of public health is a summary of 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 supervision of their preservation. 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) The assessment of health risks is an assessment of the severity of the burden on the population, exposed to the risk factors of living and working conditions and the way of life. 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).
(4) 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.
(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 medical institution of the state3), persons operating non-state health facilities (4), or by decision of the competent public health authority, to have a doctor examined or subjected to the examination, to monitor, where appropriate, their state of health for a specified period of time, and to notify the competent doctor or the competent public health authority 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.
(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).
(9) It has expired.
(10) The placing on the market of product4a) means the moment when a product on the market of the European Community is, for the first time, submitted or offered for transmission for distribution or use, or when ownership rights are transferred to it for the first time, unless otherwise provided for in specific legislation4b). Products manufactured or imported for operational needs4a) in their own business of producers or importers shall also be 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 he 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 its placing on the market or putting into circulation, does not directly lay down the European Communities' legislation or special legislation applicable elsewhere (b).
(12) It expired.
(13) For the purposes of this Act, a person who places on the market or puts into circulation a product from a Member State other than 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 if he does not provide for specific legislation4b).

HLAVA II

ENVIRONMENT AND WORKING CONDITIONS

Díl 1

Water and products coming into direct contact with water, chemicals 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, preparing food and beverages, water used in the food industry, water intended for the care of the body, for the cleaning of articles which, by their destination, come into contact with food or the human body, and for other purposes of human consumption, regardless of its origin, the state 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 covered by the implementing legislation or 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. The natural medical source and the natural mineral water for which a certificate has been issued under a special legislature6 shall not be regarded as drinking water.
(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;
(c) the owner or operator of the public well which has been designated as a source of drinking water;
(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 a utility water pipeline or internal water odmo6a), which are constructively connected by a mixing battery with a drinking water pipeline, can only be produced by the manufacturer from drinking water. If the non-compliance with the hygiene limit of hot water is due to internal water-solubility (6a) and is a construction in which hot water is supplied to the public, the hot water producer, the customer and other persons in a similar position shall proceed mutatis mutandis in accordance with § 4 (5), fourth and fifth sentences.
(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.
§ 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 include the particulars referred to in points (a) to (e) of paragraph 7 and the assessment of the health risks referred to in Article 2 (2).
(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;
(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.
(8) 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.
(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 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) checking that the 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 raw or, where applicable, 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 or other equipment for drinking water, the method of determining the drinking water sampling sites, the scope and frequency of the 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. Where non-compliance with the maximum limit value or the limit value of the drinking water indicators is due to internal watergos6a) or its maintenance, the person referred to in Article 3 (2) shall be obliged to inform the customer (6a) or, where appropriate, other persons in a similar position to that to whom drinking water is supplied; 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.
§ 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, prior to its placing on the market, ensure, for the holder of an accreditation certificate (4a) or for the holder of an authorisation (§ 83c) under this Act and, if construction products are for a person authorised under a special legislation (4a), a verification in a manner governed 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 production8 under a specific legislation, it is followed by 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.
§ 6
Baths and saunas
(1) A outdoor swimming pool is a natural or artificial water area which is designated as suitable for public bathing and associated operating areas with equipment, not involving 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 waters used for this purpose by a larger number of natural persons, taking into account the satisfactory quality of the water, are laid down in a separate legislation (8a).
(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, in the case of the holder of the accreditation certificate (4a), the holder of the laboratory certificate of good laboratory activity (4c) or the holder of the authorisation (§ 83c), in the manner, in the frequency and scope provided for in the implementing legislation, the quality of bathing water provided for in the implementing legislation and the protocol on the outcome of the check in electronic form; 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;
(b) ensure compliance with the conditions laid down in the implementing legislation for swimming pool equipment, cleaning and cleaning;
(c) establish an operating schedule setting out the conditions of operation, including the way in which the artificial swimming pool or sauna or, where applicable, the outdoor swimming pool, if the water is 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;
(d) keep a record of the results of the checks carried out to the extent referred to in (a) and store them for 5 years.
(4) The person who operates an artificial swimming pool or sauna is also obliged to:
(a) ensure that the water in the pool of artificial swimming pools or saunas complies with the hygiene limits of the quality indicators covered by the implementing legislation and that the water in the showers of artificial swimming pools or saunas complies with the requirements of § 3 (3);
(b) 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 modify and comply with the hygiene requirements for its recirculation as laid down in the implementing legislation;
(c) 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;
(d) comply with the hygiene requirements laid down in the implementing legislation for their design and spatial solutions;
(e) 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) A person operating a swimming pool in the wild is required to clearly indicate the bathing pool of information on this fact if the bathing water quality does not comply with the specified hygiene limits. A person operating an artificial swimming pool or sauna shall be obliged to stop the operation of an artificial swimming pool or sauna until the defect has been corrected.
(7) The obligations referred to in paragraph 3 (a) and (d) and paragraph 5 shall also apply to persons operating in buildings and facilities adjacent to surface water used for the bathing of natural persons, except for persons providing accommodation in residential houses, in family houses and in buildings for individual recreation (8b), and in advertising or any other offer of their services to the consumer, the possibility of bathing in surface waters used for bathing.
(8) The Ministry of the Environment, in cooperation with the Ministry of Health, shall, at regular intervals, submit to the Commission of the European Communities a report on bathing sites in the wild referred to in paragraph 1 and on surface waters used for bathing of persons for the purpose of complying with the water quality under the specific legislation (8a) and their most relevant characteristics.

Díl 2

Conditions for the education, education and recovery of children and adolescents, conditions for the internal environment of construction and hygiene requirements for outdoor playing areas for children's games
§ 7
Hygienic requirements for premises and operation of schools, preschool and school facilities, social education facilities and facilities for children requiring immediate assistance
(1) Schools and school establishments (9) registered in the school register (10), with the exception of establishments for the further education of educationworkers, school advisory and school meals, as well as facilities for social education and childcare activities 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, microclimate conditions, water supply, cleaning and laundry management are met. The obligation in the first sentence shall also be that of a person carrying out a child care business of up to 3 years of age under the day-old regime and of a person carrying out a traineeship of education and non-school education, when the traineeship is operated in an establishment of 20).
(2) The day scheme, taking into account the age and physical characteristics of children and adolescents, the conditions of their movement and debilitation, the conditions of vocational training and teaching practice, the diet scheme, including the drinking regime, will adapt 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.
§ 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 who has accepted children for a recovery operation (hereinafter referred to as "the organiser") is obliged 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;
(c) the way in which it is secured with drinking water; and
(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.
§ 9
Conditions for participation of children in school in nature and for recovery
(1) A kindergarten and primary school can only send a child to a school in nature
(a) is medically fit to participate in it and has undergone the scheduled vaccination or has evidence that it is immune to the disease or that it cannot undergo vaccination for permanent contraindication;
(b) does not show signs of acute illness (such as fever or diarrhoea); and
(c) in the 14 calendar days prior to leaving for school in nature, they have not come into contact with a natural person with an infectious disease or suspected of being infected, nor have they been ordered to take quarantine measures.
(2) Only a child meeting the requirements laid down in paragraph 1 may be admitted to a recovery operation by the organiser.
(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 given by a practitioner for children and adolescents who register the child (11). The practical physician 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 shall 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 nursery school for the purposes referred to in Article 11 (1) (b) and (f).
(4) A parent and primary school sending children to a school in the wild are required to report to the competent public health authority one month before it begins the data to the extent provided for in Article 8 (3) and to provide it with the document provided for in Article 8 (4).
(5) Only a child meeting the requirements laid down in paragraph 1 may be admitted to a recovery operation by the organizer.
§ 10
Conditions for participation of natural persons active at school in nature and for recovery
(1) Natural persons active in a school in nature or in a recovery operation such as supervision or a health care professional must be medically qualified to do so.
(2) The medical fitness is assessed and the assessment is given by a practitioner who registers a natural person (11). This assessment shall be valid for one year from the date of issue if there has been no change in the medical fitness of the natural person during that period. The medical assessment shall be transmitted by natural persons active in a school in nature or in a recovery action, except for pedagogical 13) and health practitioners 14), sending a parent school, a primary school or an organisation to a person for the purposes of Article 11 (1) (b) and (f).
(3) Natural persons active in the course of meals must comply with the requirements laid down for the performance of activities of epidemiological importance in § 19 (2) and § 3 (1). In examining the knowledge necessary to protect public health, the competent public health authority shall act in accordance with Article 19 (3).
§ 11
Obligations of primary and maternity schools sending children to school in nature and organising persons
(1) Basic or maternity school sending children to school in nature and the organising person is 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) In addition, the organiser shall ensure that all natural persons involved in a recovery operation, with the exception of a health care professional, are instructed on the health requirements for such actions and on the prevention 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.
§ 11a
Rehabilitation camp for children 10a) is also considered as a rehabilitation 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 organiser shall be fulfilled by the authorised person who set up the camp (10a) and, if not such person, by the person who set up the training camp for children.
§ 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), except for 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).
§ 13
Internal environment of buildings and hygienic requirements for outdoor playing areas
(1) Users of building facilities for education and education, universities, schools in nature, buildings for recovery, buildings for health care facilities, social care institutions, accommodation facilities, buildings for trade and for the collection of more than one person are obliged to ensure that the internal environment of the living rooms (15) in these buildings corresponds to the hygiene limits of chemical, physical and biological indicators, as laid down in implementing legislation. This is without prejudice to the obligation of the owner of the building pursuant to specific legislation to maintain the construction in a good construction status16).
(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 of operation of such a playing area with a sandbox, the maintenance regime and the way in which the specified hygiene limits are ensured shall be adapted by the operator in the operating schedule.
§ 14
Exemptions from the health requirements laid down in Article 7 (1) may be authorised only if the protection of public health is not jeopardised. The authorisation of the exemption shall be decided upon at the request of the person by the competent public health authority.

Díl 3

Hygienic requirements for the operation of health care establishments and social care institutions
§ 15
(1) A person operating a non-state health institution or a welfare institution17), a state health institution or a state care institution (hereinafter referred to as the "care provider") is required to take hygienic and anti-epidemic measures to prevent and spread hospital diseases. The hospital disease is an internal (endogenous) or external (exogenous) disease of origin resulting from a causal link with the stay or performance carried out in a health institution or social care institution at the appropriate incubation period.
(2) The care provider shall specify the measures referred to in paragraph 1 in the operating rules. Persons operating non-state special childcare facilities and special childcare facilities of the state3) are required to further adapt the day scheme taking into account the age and physical specificities of children and the diet scheme. The draft operating rules and amendments to the operating rules shall be approved by the competent public health authority by decision.
§ 16
(1) The person providing care shall, in the event of or suspected of being infected with a hospital, immediately implement anti-epidemic measures to detect the source of the disease, to prevent its spread, to prevent its further spread and treatment of the infected and to prevent the disease of suspected natural persons.
(2) The care provider is also obliged to:
(a) register each hospital disease and provide information on it to the competent public health authority upon request;
(b) report without delay to the competent public health authority the mass occurrence of a hospital disease, a hospital disease which has caused serious damage to or death; the method of reporting shall be adapted to the implementing legislation.
§ 17
(1) The person providing care is required to comply with the hygiene requirements for the admission of natural persons to and treatment of a healthcare establishment or social care institution, water supply, cleaning and performance and control of disinfection, sterilisation and higher degree of disinfection provided for in the implementing legislation.
(2) Disinfection is a set of measures to eliminate micro-organisms by means of physical, chemical or combined procedures designed to interrupt the pathway of the disease from its source to a susceptible natural person.
(3) A higher degree of disinfection is the procedures that guarantee the killing of bacteria, viruses, microscopic fungi and certain bacterial spores, but do not guarantee the killing of other micro-organisms (such as highly resistant spores) and the development stages of health-relevant worms and their eggs.
(4) Sterilisation is a process that leads to the killing of all microorganisms capable of reproduction, including spores, to irreversible inactivation of viruses and the killing of medicinal worms and their eggs.
(5) The care provider shall keep a record of the sterilisation carried out and its outcome within the scope of the implementing legislation. Any other method of sterilisation may be used by the care provider only on the authorisation of the competent public health authority. The application for authorisation shall specify the method of sterilisation and the proof of its effectiveness.
§ 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.
(2) The care provider shall use water of drinking quality in the health care establishment and in the social care institution unless the type of care provided requires or allows the use of water of other quality. For the use of water of a different quality, if not hot water as referred to in Article 3 (3), the competent public health authority shall be authorised. In the proposal, the person providing care shall indicate the microbiological, biological, physical, organoleptic and chemical water indicators, their values and the method of ensuring compliance with the values of these indicators, taking into account the way water is used.

Díl 4

Hygienic requirements for the performance of epidemiological and accommodation services
§ 19
Preconditions for carrying out epidemiological activities
(1) The operation of catering services (§ 23), food production (18), the placing of foodstuffs in circulation (18), the manufacture of cosmetic products, the operation of water and water treatment (6a), the operation of barbers, hairdressers, pedicures, manicures, cosmetic, masseur, regenerative or reconditioning services, the operation of a trade in which the integrity of the skin and the operation of the trade in which special devices are used for the care of the body (e.g. solarium, myostimulators) are violated.
(2) Natural persons coming into direct contact with food, food, equipment, supplies or areas in contact with food or food services (Section 23) in the manufacture of foodstuffs or the placing of foodstuffs by circulation (18) in direct contact with food, food, equipment or areas in contact with food or food, natural persons coming into contact with water and in the operation of water ducts (6a) in direct contact with water, and natural persons coming into contact with other activities referred to in paragraph 1 in direct contact with cosmetic products, their ingredients (§ 28 (1) or the body of the consumer (hereinafter referred to as "natural persons carrying out activities of an epidemiological nature") must have the health and knowledge necessary for the protection of public health. The medical certificate shall be issued by the medical practitioner who registers the natural person (11) or by the medical institution of the State carrying out preventive care or by a person operating non-state preventive care facilities (3). The issue of a health certificate does not replace the initial medical preventive examination.
(3) The extent of the knowledge necessary to protect public health under paragraph 2 shall be adapted by implementing legislation. The competent public health authority shall be authorised to examine such knowledge for a natural person carrying out an epidemiological activity in the exercise of national health surveillance. If, under the decision of the public health authority, a natural person does not have knowledge, he may not carry out activities of an epidemiological nature pending a successful examination before a commission set up by the competent public health authority. The competent public health authority shall allow the natural person to carry out the examination no later than 15 calendar days from the date on which the natural person's request for examination was received. The composition of the panel and the conditions for carrying out the test shall be adapted by implementing legislation.
§ 20
Obligations of the natural person carrying out the activities of the epidemiologically serious
A natural person carrying out epidemiological activities shall be required to:
Zobrazit všechna ustanovení (1163)

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Regulation Information

CitationFull text of Act No. 471 / 2005 Coll., Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Laws, as resulting from subsequent amendments
Regulation TypeDeclared full text
Author-
CollectionCode of Laws
Date of Promulgation05.12.2005
Effective from-
Effective until-
Status Valid
Legal Areas: Health and safety at work Taxes Finance Information, Data, Data Commercial law Labour law Industrial rights Education, Education, Education Administrative authorities Administrative law Administrative procedure State (official) control Constitutional (state) law Water, Water management Fundamental human rights Health Environment
The regulation text is for informational purposes only.

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