[Ord. No. 451-86 §1, 8-4-1986]
The provisions of this Chapter shall apply to all public and
semi-private swimming pools, spas, hot tubs and whirlpool baths within
the corporate limits of Kearney, Missouri. The purpose of this Chapter
is to regulate the design, construction, equipment, operation and
maintenance of such pools, spas, hot tubs or whirlpool baths so that
hazards of health and safety shall be minimized.
[Ord. No. 451-86 §2, 8-4-1986]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
The health officer appointed by the Mayor pursuant to Section 115.230 of this Code.
Those pools, spas, hot tubs and whirlpool baths operated
by a municipality, other political subdivision, any other governmental
or quasi-governmental agency offered for use to the general public.
Pools, spas, hot tubs and whirlpool baths operated by entities
such as hotels, motels, apartment houses, clubs, schools and camps
which serve as adjuncts to the main facility or are generally made
available to patronage of such establishments on a fee, membership
or other compensatory basis.
[Ord. No. 451-86 §3, 8-4-1986]
The inspection of swimming pools, spas, hot tubs and whirlpool
baths in addition to the regulatory requirements for the equipment,
operation and maintenance shall be in accordance with the "Rules and
Regulations Relating to Swimming Pools, Spas and Similar Facilities"
of which three (3) certified copies shall be on file in the office
of the City Clerk.
[Ord. No. 451-86 §4, 8-4-1986]
No person shall operate or maintain a public or semi-public
swimming pool, spa or similar facility unless he/she has applied for
and obtained a permit to operate such pool from the Director of Health.
The permit shall be valid for one (1) year thereafter unless otherwise
suspended or revoked for cause and it must be renewed annually. The
permit shall be conspicuously posted on the pool premise.
[Ord. No. 451-86 §5, 8-4-1986]
A.
Before
any public or semi-public swimming pool, spa, hot tub or whirlpool
shall be constructed after passage of this Chapter, application for
a permit therefor shall be made to the Director of Health. Written
plans and specifications shall accompany such application and conform
to the requirements of the rules and regulations hereby adopted.
B.
Upon
approval by the Director of Health, a permit to construct such installation
shall be issued. Nothing in this Chapter shall be deemed to exempt
any person from the requirements of the Building Code and any permits
required thereunder or from any requirement of State or Federal law
or regulation.
[Ord. No. 451-86 §6, 8-4-1986]
The Director of Health shall inspect a public or semi-public
swimming pool, spa, hot tub or whirlpool before it is opened for operation,
and before issuing a permit to operate, to ascertain that the construction
and equipment complies with the requirements of the "rules and regulations"
or with the plans and specifications submitted with the application
for construction of a new facility.
[Ord. No. 451-86 §7, 8-4-1986]
In the event of a failure to comply with the rules and regulations
hereby adopted, after due notice, the Director of Health shall have
the power to suspend or revoke any permit and/or prohibit the use
of a swimming pool, spa, hot tub or whirlpool until such time as the
same is, in the opinion of said officer, in compliance with the rules
and regulations hereby adopted or no longer constitutes a health hazard.
Such action by the Director of Health shall be in writing and delivered
either by handing such notice to the person in charge of the facility
or by certified mail to the last known address of the person in charge
of such facility.
[Ord. No. 451-86 §8, 8-4-1986]
Any person notified of a decision of the Director of Health
relative to swimming pools, spas, hot tubs or whirlpools may request
a public hearing before the Board of Aldermen upon written request
to the City Clerk within ten (10) days from the date of the Director's
decision. Upon receiving such request, the Board shall set a date,
time and place for hearing and notify the interested parties. After
a full and fair hearing whereat, the Director shall first present
his/her evidence and the person appealing shall have an opportunity
to appear in person or by counsel, examine the witnesses and the evidence
unfavorable to him/her, present evidence in his/her own behalf and
make argument to the Board. The Board shall make its decision prior
to adjournment of the hearing.
[Ord. No. 451-86 §9, 8-4-1986]
Violation of the provisions of this Chapter shall constitute
an ordinance violation and may be punished by a fine of up to five
hundred dollars ($500.00), a jail term of up to thirty (30) days,
or both. Each day a violation hereof continues shall constitute a
separate ordinance violation and may be punished as such.
