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This article does not apply to non-public pools. The Enforcement Authority shall be responsible for the enforcement of this article. This article shall apply to any structures designed to contain water and which may reasonably be construed to be used by persons for body immersion to a significant degree or other water treatment in which all water is not removed after each use, if the Enforcement Authority determines the use of the structure may be a public health concern. If the use of a swimming pool changes, the Enforcement Authority may require changes in the structure, treatment or operation of the swimming pool so the new use of the pool will be in compliance with this article. Any swimming pool which by design and/or operation manifests characteristics of multiple classes of swimming pools as defined by this article shall adhere to the most restrictive requirements of each class. Rules and regulations based on the standards created in this article may be prescribed by the Enforcement Authority to carry out the intent and purpose of this article.
('74 Code, § 11-5-4A) (Ord. 12-1978; Am. Ord. 26-1980; Am. Ord. 55-1981; Am. Ord. 12-1993)
Whenever necessary to make an inspection to enforce the provisions of this article or whenever the Enforcement Authority has reasonable cause to believe that there exists any condition which makes such swimming pool a hazard to the public health, welfare or safety, the Enforcement Authority may enter such premises at all reasonable times to inspect the same or to perform any duty imposed upon the Enforcement Authority by this article. Reasonable times shall mean at any time the pool is open for use or maintenance or at any time the person in charge is on the premises.
('74 Code, § 11-5-4B) (Ord. 12-1978; Am. Ord. 26-1980; Am. Ord. 55-1981; Am. Ord. 12-1993)
If an owner or occupant or any other person in charge of a swimming pool fails or neglects to allow entry by the Enforcement Authority for the purposes of inspection and examination pursuant to this article after the Enforcement Authority has presented proper identification then the permit to operate the swimming pool shall be suspended immediately. Refusal to allow entry of the Enforcement Authority is a violation of this article.
('74 Code, § 11-5-4C) (Ord. 12-1978; Am. Ord. 26-1980; Am. Ord. 55-1981; Am. Ord. 12-1993)
(1) Compliance with that specific part of this article will impose an unreasonable burden or hardship upon the pool owner or user; and
(2) Granting of the variance will not result in a condition hazardous to the public health, safety or welfare.
(B) Any person seeking a variance shall do so in writing, setting forth his or her reasons for the variance and stating the length of time for which they seek the variance. The Enforcement Authority shall promptly investigate the request and make a determination as to the disposition thereof. In granting a variance, the Enforcement Authority may impose limitations or conditions upon the approval. The person seeking this variance shall be given a written decision within ten working days following receipt of the request by the Enforcement Authority.
(C) Voiding of Variances.
(1) An approved variance shall be void one year after the date of approval if the rights and privileges granted thereby have not been utilized. If the Enforcement Authority voids a variance for any reason, the Enforcement Authority will serve written notice on the permit holder.
(2) The Enforcement Authority may void a variance if subsequent events show that the variance has created or may create a condition hazardous to the public health, safety or welfare.
(3) An approved variance shall be void if it is utilized in a way materially in violation of the terms of the variance. Voiding a variance is in addition to and not instead of other remedies available to the city at any time for violation of this article.
(D) Any person who has been granted a variance shall sign an indemnification and release of liability statement form which has been approved by the City Attorney's Office.
('74 Code, § 11-5-4D) (Ord. 12-1978; Am. Ord. 26-1980; Am. Ord. 55-1981; Am. Ord. 12-1993)
No person shall operate a public pool without having at all times a valid operating permit issued by the enforcement authority. Such permit shall be obtained from the Enforcement Authority by means of written application by the owners or operators of the swimming pool. Only those persons who comply with the provisions of this article and other applicable laws, regulations, and ordinances shall be entitled to receive and retain such a permit. A separate permit shall be required for each swimming pool. Such permits are not transferable to another person or location.
('74 Code, § 11-5-5A) (Ord. 12-1978; Am. Ord. 18-1980; Am. Ord. 33-1987; Am. Ord. 12-1993)
Each swimming pool shall be assessed a $180 annual inspection fee to be paid to the city. All inspection fees shall be paid by April 15 of each year, except no person shall engage in the operation of a newly constructed swimming pool without first paying an inspection fee and receiving a permit. A late charge of $10 will be assessed for each late payment received by the Enforcement Authority.
('74 Code, § 11-5-5B) (Ord. 12-1978; Am. Ord. 18-1980; Am. Ord. 33-1987; Am. Ord. 12-1993)
A transfer fee of $50 shall be assessed when there is a new owner, lessee, or operator of a swimming pool and the annual inspection fee has been prepaid. Such fee shall be due within 15 days of the commencement of operations by the new owner, lessee, or operator.
('74 Code, § 11-5-5C) (Ord. 12-1978; Am. Ord. 18-1980; Am. Ord. 33-1987; Am. Ord. 12-1993)
Permission to operate a seasonal pool will be granted by the Enforcement Authority after completion of a satisfactory pre-opening inspection. Newly constructed and remodeled swimming pools meeting all ordinance requirements will receive permission to operate after the pool passes a final inspection by the Enforcement Authority and all fees are paid. The issuance of a permit shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this article.
('74 Code, § 11-5-5D) (Ord. 12-1978; Am. Ord. 18-1980; Am. Ord. 33-1987; Am. Ord. 12-1993)
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