Any person who operates a public or semipublic swimming pool
or spa within the city shall first obtain a permit from the health
authority and shall comply with the requirements of this division.
This division shall be liberally construed and applied to promote
its underlying purpose of protecting public health.
For the purpose of this division:
Approved.
Accepted as satisfactory under the terms of this division
and given formal and official sanction by the approving authority.
Fecal coliform.
Bacteria, through lab analysis, that are indicative of fecal
pollution.
Free residual chlorine.
The chlorine concentration, in milligrams per liter (equivalent
to ppm - parts per million) of water, available for rapid and effective
biocidal action. This is the chlorine which remains uncombined with
nitrogenous compounds after the initial chlorine demand of the water
has been satisfied.
Main drains.
The outlet(s) at the deepest portion of the pool or spa.
Operator.
The person ultimately responsible for the safe, sanitary
maintenance of a public or semipublic pool and/or spa.
Person.
An individual, firm, partnership, association, corporation,
company or organization of any kind.
Private pool.
Any swimming pool located on private single-family residential
property under the control of a property owner or legal occupant.
The use of such pool is limited to the members of his family or their
invited guests.
Private spa.
A spa designed for recreational or therapeutic use located
on private single-family residential property under the control of
a homeowner or legal occupant. The use of such spa is limited to members
of his family or their private guests.
Public pool.
Any swimming pool other than a private pool which is open
to the general public and intended to be used for swimming, bathing
or other related purposes, and is operated by an owner, lessee, operator,
licensee, or concessionaire regardless of whether a fee is charged
for its use.
Public spa.
Any spa other than a private spa that is open to the general
public and designed for recreational or therapeutic use containing
hot, cold, ambient or warmed water which uses high velocity water
recirculation systems.
Semipublic pool.
A swimming pool which is privately owned and available only
to a recognizable group of people, patrons, or customers, including
but not limited to motel guests, apartment residents, and club members.
Semipublic spa.
A spa which is privately owned and available only to a recognizable
group of people, patrons, or customers, to include but not be limited
to apartment, condominium, or townhouse residents, hotel guests, and
health club members.
Shall.
The word “shall” whenever used in this division
will be interpreted as mandatory, “may” is permissive.
Spa.
A small body of water, manmade, which is exclusively in conjunction
with high velocity air and/or high velocity water recirculation systems,
utilizing hot, cold, or ambient temperature water, including Jacuzzis,
hot tubs and whirlpools.
Swimming pool.
Any structure, basin, chamber, or tank containing an artificial
body of water for swimming, diving, physical fitness, or recreational
bathing. A spa is a swimming pool.
Turnover rate.
The amount of time required for a pool or spa circulation
system to displace the entire volume of water in that pool or spa.
It shall be unlawful and an offense for any person:
(1) To allow an animal under his or her control to enter or remain within
a public or semipublic pool or spa area.
(2) Who has skin abrasions, open sores, skin disease, eye disease, nasal
or ear discharge, or a communicable disease to swim in a public or
semipublic pool or spa.
(3) To work at a public or semipublic pool or spa while infected with
a communicable disease.
(4) To alter, abuse, destroy, or remove safety equipment, fence barriers
or gates from any public or semipublic pool or spa.
(5) To carry glass within a public or semipublic pool or spa area or
enclosure (except for eyeglasses).
(6) To intentionally contaminate, pour, or discharge foreign materials
or fluids that reduce water quality and/or the safety of a public
or semipublic pool or spa.
(7) To consume food or drink while in the water of any public or semipublic
pool or spa.
(a) Suspension or denial of permit.
(1) The health authority shall have the right to temporarily suspend
or deny a permit to operate a public or semipublic pool or spa for
the following reasons:
(A) The annual permit fee is not paid;
(B) The permit holder or applicant fails to have in his employ a certified/registered
pool operator according to the requirement of this division;
(C) The permit holder or applicant fails to keep all pool and spa equipment
properly maintained as to comply with the requirements of this division;
(D) The condition of the pool or spa, due to poor water quality, lack
of safety equipment, structural deficiencies or hazards, and/or improper
wastewater disposal, is deemed by the health authority to be hazardous
to the health or safety of swimmers, the environment, or to the general
public;
(E) The permit holder or applicant, after receiving notification of violation
from the health authority, fails to correct the violation within a
time frame specified by the health authority;
(F) The permit holder or applicant prohibits the health authority from
conducting a lawful inspection; or
(G) The permit holder or applicant, or the certified pool operator in
his employment, provides false information or falsified documentation
to the health authority as it relates to the provisions of this division.
(2) The permit shall remain suspended or denied until all causes of suspension
or denial have been corrected. The health authority shall post signs
at the pool or spa entrance stating that the pool or spa is closed
by authority of the health department. Said signs shall remain posted
until removed by the health authority.
(3) Upon denial or suspension of a permit, the applicant or permit holder
shall be notified in writing of the decision to deny or suspend said
permit, of the reasons of such denial or suspension and of the applicant
or permit holder’s right to appeal.
(4) An applicant or permit holder shall have the right to appeal the
decision to deny or suspend a permit by submitting to the health authority,
within ten (10) business days of the receipt of notice of denial or
suspension, a written request for a hearing before the health committee.
The health committee, within ten (10) days following the receipt of
a request, shall provide a hearing at a time and place designated
by them. If a request for a hearing is not received within ten (10)
days, the action of the health authority is final.
(b) Powers and duties of the health committee.
(1) The health committee consists of the Director of Community Development
and two (2) of his or her designees and shall have the authority to
sustain, modify, or rescind any official notice or order issued by
the health authority as provided by respective city code.
(2) A written report of a decision by the health committee shall be furnished
to the permit holder by the health authority.
(c) Permanent revocation of permit.
(1) For violations of any of the provisions of this division, which the
permit holder fails to correct after having received notice of such
violation from the health authority, the permit may be permanently
revoked.
(2) Prior to such action, the health authority shall notify the permit
holder in writing stating the reasons for which the permit is subject
to revocation and advising that the permit shall be permanently revoked
at the end of five (5) business days following service of such notice,
unless a written request for a hearing before the health committee
is filed with the health authority within such five-day period. If
a request for a hearing is not received within said five-day period,
the action of the health authority shall be final. A permit may be
suspended for cause pending its revocation or a hearing relative thereto.
(3) The health committee, within ten (10) business days following the
receipt of a request, shall provide a hearing at a time and place
designated by them.
(Ordinance 08-072 adopted 6/24/08)