§ 34-569. Compliance requirements.

(a)

Board of health inspections. The board of health shall conduct periodic inspections at each pool to ensure that good operating practice is employed and that standards are maintained in compliance with this article. The board of health shall order the pool permit holder or operator to immediately cease operation whenever the board of health determines that the pool, related facilities, and/or appurtenances are not in compliance with this article, or for non-payment of fees, or as deemed necessary by the board of health. A fee shall be charged for each re-inspection, after the initial and follow-up inspections. Additional inspections of a pool shall be performed as necessary to ensure compliance with this article. Representatives of the board of health, after proper identification, shall be permitted to enter any pool area during hours of operation for the purpose of performing inspections to determine compliance with this article.

(b)

Inspection reports. Findings made during an inspection shall be recorded on an inspection report form. The inspection report shall also summarize the requirements of this article. A copy of the completed inspection report form shall be furnished to the owner, permit holder and/or authorized agent at the conclusion of the inspection.

(c)

Additional documentation. In addition to the inspection report findings, other evidence of non-compliance with this article may also be documented via photographs, samples, and any other means of documentation deemed necessary by the board of health.

(d)

Routine compliance. Corrective actions for pools shall be implemented when any violations are found to exist in accordance with this article.

(e)

Imminent health or safety hazard. When an imminent health or safety hazard is found to exist, corrective actions for pools shall be implemented as ordered by the board of health, and shall include immediate cessation of operation until the facility is determined by the board of health to be in compliance with all provisions of this article. Failure of the owner, permit holder and/or authorized agent to comply with the corrective action plan and immediate cessation of operation of the pool shall subject the pool to immediate closure by the board of health. The following conditions shall be considered as or contributing to an imminent health or safety hazard:

(1)

The amount of disinfectant or the pH level in the pool water is above the maximum or below the minimum level as stated in section 34-574, "water quality and sanitation"; or

(2)

Inability to clearly see the main drain(s) or the inability to distinguish the type, shape, or number of grate openings in the pool as stated in section 34-574, "water quality and sanitation"; or

(3)

Missing essential safety equipment, including but not limited to, life ring and/or rope, Shepherd's hook, or the existence of an inoperable pool phone as stated in section 34-587, "safety"; or

(4)

Barrier not effective as stated in section 34-587, "safety"; or

(5)

Any other condition deemed to be an imminent health or safety hazard by the board of health including, but not limited to, the following: bathing load exceeded; occurrence of fecal matter, blood or vomitus incident in the pool; sanitary facilities not functioning properly or in an unsanitary condition; exposed electrical wiring in the pool; or other similar health or safety hazards.

(f)

Procedure when infection is suspected. When the board of health has reasonable cause to suspect possible disease transmission, it may require any or all of the following measures and any other actions necessary to be taken by the permit holder or authorized agent:

(1)

The immediate exclusion of any suspected person(s) from the pool; and

(2)

The immediate closing of the pool concerned until, in the opinion of the board of health, no further danger of disease transmission or outbreak exists; and

(3)

Adequate medical and laboratory examination as deemed necessary with results reported to the board of health.

(g)

Fecal or vomitus accidents. In order to prevent a fecal or vomitus accident in a pool, the permit holder or authorized agent shall follow the board of health's current Recommendations for Reducing the Risk of Disease Transmission in a Swimming Pool, which is adopted and incorporated herein by this reference. The permit holder or authorized agent shall properly eliminate the possible contamination of bathers when a fecal, vomitus or blood accident occurs in a pool, by following the board of health's current Recommended Procedures for Managing Fecal Accidents or Contamination with Vomitus or Blood in a Swimming Pool, which is adopted and incorporated herein by this reference.

(h)

Suspension or revocation of permit. The board of health shall have the authority to suspend or revoke any permit for failure to comply with the provisions of this article. When an application for a permit is denied or a permit previously granted is to be suspended or revoked, the applicant or holder of the permit must be notified in writing, specifically stating any and all reasons why the action is to be taken. Suspension is effective upon service of a written notice at the address on file with the board of health for the operator, permit holder, or authorized agent or by hand delivery thereof, and pool operation must cease immediately. The notice must state the basis for the suspension and advise the owner, permit holder, or authorized agent of the right to a preliminary hearing to be conducted by an experienced supervisory level employee of the board of health not directly involved in the suspension. If a hearing is not requested, upon correction of all violations, the owner, permit holder, or authorized agent may request an inspection to reinstate the permit. The board of health may revoke any permit to operate a pool if the owner, permit holder or authorized agent does not comply with the requirements of this article; if the operation of the facility does not comply with the requirements of this article; or if the operation of the pool otherwise constitutes an imminent health hazard or safety hazard to the public.

(i)

Preliminary hearings. The request for a preliminary hearing by the permit holder must be requested in writing within ten days of being served with the suspension or revocation notice. If requested, the preliminary hearing must be held within 20 days of the request. The formal rules of evidence will not apply, but the board of health and the owner, permit holder, or authorized agent may present and cross examine witnesses, introduce records and exhibits, and make argument. The hearing official will be authorized to rescind or modify the suspension with conditions, or to continue the suspension, with or without conditions. If the suspension is not rescinded, the owner, permit holder or authorized agent shall have ten days to make written request for an additional evidentiary hearing before the director or authorized agent. If requested, the de novo evidentiary hearing must be held within 30 days of the written request.

(j)

Service of notice. A notice of hearing is properly served when it is hand delivered to the owner, permit holder, or authorized agent, or when it is sent via certified or regular U.S. mail, return receipt requested, to the last known address of the owner, permit holder, or authorized agent. A copy of the notice shall be filed in the records of the board of health.

(k)

Content of notice. All notices shall state the date, time, place, and nature of the hearing, and shall be filed in the records of the board of health.

(l)

Hearings. Hearings shall be conducted at a time and place designated by the board of health. Any oral testimony given at a hearing shall be recorded verbatim via electronic recording device, and the hearing officer may make provisions for sufficient transcription and copies of the recording upon request. The hearing officer shall make a final determination based upon the complete hearing record and shall sustain, modify, or rescind any notice or order considered in the hearing. The decision of the hearing officer shall be final. A written report of the hearing decision shall be furnished to the owner and/or permit holder by the board of health.

(Ord. No. 09-0120, 1-7-09; Ord. No. 18-0340, Att. A, 5-16-18)