Chapter 808 Swimming Pools Ordinance

Transcription

1 CHAPTER 808 SWIMMING POOLS Section Chapter 808 Swimming Pools Ordinance Citation of Chapter and Scope Definitions Aquatic Advisory Board Rules and Regulations Method of Approval of Rules and Regulations Plans and Specifications Approval Operation Lifeguards Required in Certain Pools Director to Determine Sanitary Conditions Operation Permit Fees Annual Operation Inspections Inspections Suspension of Permit Variance Penalties Citation of Chapter and Scope This Chapter shall be known and may be cited as the Public Water Recreation Facilities Code. 2. In order to enhance the public health and welfare of the residents of St. Louis County, the provisions of this chapter shall be in effect in all unincorporated parts of St. Louis County, and in all cities, towns and villages with a population of less than 75,000 within the corporate limits of St. Louis County which do not enforce ordinances and resolutions pertaining to public water recreation facilities that are at least as stringent as the provisions set forth in this chapter. 3. This chapter does not apply to swimming pools, hot tubs and auxiliary structures and equipment at single-family residences intended only for the use of the owner or resident and their guests, nor to baths where the object is the cleansing of the body, the practice of healing under medical supervision, or the practice of religious ritual, unless such baths contain pools or tanks which are used collectively by a number of nonresident individuals.

2 Definitions. --Unless specifically defined herein, all terms used in this chapter and in the rules and regulations enacted pursuant thereto, shall have their ordinary and usual meaning: (1) Artificial swimming lagoon means an artificial body of water with more than 20,000 square feet or water surface area that is used or designed to be primarily used by persons for water recreational use and which is constructed with special features to imitate a natural bathing place. (2) Director means the Director of the Department of Health or his or her duly authorized agents. (3) Flume means a device used or designed to be primarily used to provide a descending ride into a splash pool or slide runout at the base of a water slide. (4) Person means an individual, corporation, partnership, unincorporated association or other organization authorized by law. (5) Public water recreation facility(ies) means swimming pools, spray pools, wading pools, whirlpools, spas and hot tubs, training-special use pools, artificial lagoons, flumes, waterslides, watercourse rides and wave pools, and other non-natural water recreation areas not specifically exempted from the scope of this chapter, together with buildings, appurtenances and equipment required or used in connection therewith. (6) Spray pool means an artificial pool or area used or designed to be primarily used for nonswimming children into which water is sprayed but is not allowed to pond. (7) Swimming pool means a structure which is used or designed to be primarily used for swimming or other related recreational or athletic purposes. (8) Training-special use pool means any swimming pool used or designed to be primarily used to train basic or special swimming skills. (9) Wading pool means any swimming pool used or designed to be primarily used for wading by children and having a maximum depth of twenty-four (24) inches. (10) Watercourse ride means a water recreation attraction used or designed to be primarily used to convey persons on inner tubes or raft-like devices, using an artificially created current along a watercourse. (11) Water slide means a water recreation attraction having one or more flumes. (12) Wave pool means a swimming pool containing one or more artificial wave generators. (13) Whirlpool, spa and hot tub mean structures used or designed to be primarily used for individuals or small groups in which treated water is re-circulated. These structures may employ circulation, tempered water, air induction bubbles or combination thereof. (O. No , )

3 Aquatic Advisory Board There shall be a ten-member Aquatic Advisory Board consisting of the Director of the Department of Parks and Recreation or the Director's designee, and nine (9) other members to be appointed by the County Executive, subject to confirmation by the County Council, as follows: two (2) County residents and one (1) representative each of a municipality with an aquatic center, a pool management company with municipal clients, a pool management company with private pool owner clients, an educational institution with a swimming pool, the St. Louis Area Hotel Association, the Y.M.C.A., and the American Red Cross. The members of the Board shall select a chair. Members shall serve without compensation for three-year terms, except that three (3) of the first nine (9) appointees shall be appointed for two-year terms and three (3) shall be appointed for one-year terms. 2. The purpose of the Aquatic Advisory Board shall be to assist in the drafting of rules and regulations for the operation of public water recreational facilities. The chair may convene a meeting for such purposes. (O. No , ) Rules and Regulations. --The Director shall promulgate rules and regulations to carry out the purpose and intent of this Chapter to protect the public health. The rules and regulations shall become effective upon approval by the County Council and shall be filed with the Administrative Director. The rules and regulations may provide: (1) The minimum sanitary requirements for the design, equipment, maintenance and operations of public water recreation facilities. (2) The minimum number of lifeguards and attendants required to be in attendance at any public water recreation facility. (3) The qualifications of any lifeguard or attendant at any public water recreation facility. (4) The minimum safety facilities and apparatus to be installed and maintained at any public water recreation facility. (5) The maximum number of individuals permitted at one time in a public water recreation facility. (6) The data to be submitted with any application for construction, alteration, extension or modification of public water recreation facilities and the manner and terms upon which such approval shall be granted or modified.

4 Method of Approval of Rules and Regulations Prior to presentation of any rule or regulation for approval to the County Council, the Director shall: (a) Convene one (1) or more meetings of the Aquatic Advisory Board for the purpose of soliciting advice on the development of such rules and regulations; (b) Give appropriate notice of the proposed regulations setting the time and place of a public hearing and conduct a public hearing on any proposed rule or regulation. 2. To the extent that the Aquatic Advisory Board's recommendations are not included in the Director's final proposed rules as submitted to the County Council, the Board's recommendations shall be forwarded separately to the County Council. 3. Any such rule or regulation may be amended or repealed in the same manner as provided for approval Plans and specifications approval. --No public water recreation facility shall be constructed, altered, extended or modified unless and until the plans, specifications and any additional information relating to such public water recreation facility, as may be required by the Director shall be submitted to said Director along with the fee provided for in Section , and after review by said Director found to comply with the minimum sanitary, health and safetyrelated requirements provided under Section and after written approval, for the construction, alteration, extension or modification of the public water recreation facility, issued by said Director. The review of the plans by the Director shall relate only to insuring adequate protection to the public health. Any such public water recreation facility approved by the Director, shall be constructed, altered, extended or modified in accordance with the provisions of the Building and Plumbing Codes of St. Louis County. For each plan reviewed by the Department of Health, there shall be a fee of two hundred ten dollars ($210.00). (O. No , ) Operation. --Any public water recreation facility shall have such equipment and shall be so operated as to comply with the minimum sanitary requirements provided under Section of this chapter Lifeguards Required in Certain Pools. --A lifeguard is required wherever one or more pools have a total combined water surface area of two thousand (2000) square feet or greater within one enclosure. The person owning or operating a pool where a lifeguard is required by this section shall ensure that a lifeguard is on duty at the poolside at all times when a pool is open to use by bathers, and that the lifeguard is empowered to supervise bathing and compliance with all rules of safety and sanitation pertaining to the pool. Such lifeguards shall be certified by a program approved by the Director. (O. No , )

5 Director to Determine Sanitary Conditions. --It shall be the duty of any person owning or operating a public water recreation facility to submit such operation and analytical records as may be requested by the Director to determine the sanitary conditions of the public water recreation facility Operation Permit. --Every person owning, operating or maintaining a public water recreation facility shall be required to hold a permit from the St. Louis County Department of Health. Said permit shall be displayed in a conspicuous place or be available for inspection Fees. --Every permit required under Section shall be issued by the Director subject to the provisions of this Chapter and upon payment of the annual fee of three hundred fifty-four dollars ($354.00) payable to the Treasurer of St. Louis County and to be deposited in the Health Fund, except that there shall be no fee charged for a public water recreation facility owned and maintained by any city, town, village or St. Louis County. Each permit shall expire on May 15 next following its issuance. (O. No , ) Annual Operation Inspections. --Prior to issuing any annual operation permit and before any public water recreation facility is opened for public use the Director shall make such inspections as necessary to determine compliance with the minimum sanitary provisions of this Chapter and any rule or regulation thereunder Inspections. --The Director shall make such inspections as may be necessary of any public water recreation facility that may be open for public use and collect and analyze samples to determine that the water shall be of satisfactory bacterial, chemical and physical quality, as frequently as may be necessary to insure compliance with the minimum sanitary requirements of this chapter and any rule or regulation hereunder Suspension of Permit If and when the Director upon inspection and investigation of a public water recreation facility determines that the conditions are such as to warrant prompt closing of such public water recreation facility until the provisions of this chapter and any rule or regulation issued hereunder are complied with, the Director shall immediately suspend the permit and notify the owner and/or operator of such action and require the owner and/or operator to prohibit any person from using such public water recreation facility. 2. A suspension shall become effective upon service of written notice to the owner and/or operator of the public water recreation facility. 3. The permit holder may make a written request for a hearing within ten (10) days after notice of suspension and the Director shall provide a hearing within ten (10) days after the request. The permit holder shall be notified within five (5) days thereafter of the Director's decision.

6 4. The Director may end the suspension at any time if the Director determines that the reason for suspension no longer exists Variance. --The provisions of the rules and regulations adopted pursuant to this Chapter are not intended to prohibit alternative methods of design, construction and operation which are approved by the Director. The Director may approve such alternative on application of the public water recreation facility owner or said owner's authorized representative where the Director finds, based upon sufficient evidence proffered by the owner that the proposed design, construction, or operation complies with acceptable nationally-recognized standards and with the intent of this Chapter and the rules and regulations, and that the proposed alternative is at least the equivalent of that prescribed by this Chapter and the rules and regulations in quality, effectiveness and safety Penalties. --A violation of any rule or regulation hereunder shall constitute a violation of this chapter and any person violating any provision of this chapter or any rule or regulation of the Director as herein provided, shall upon conviction be fined not less than fifty ($50.00) dollars, nor more than one thousand ($1,000.00) dollars or be imprisoned in the County Jail not less than three (3) days nor more than ninety (90) days, or be punished by both such fine and imprisonment, and each day of such violation shall constitute a separate offense.