(a) The owner or person in control of a public swimming pool/spa shall designate one or more nationally accredited or trained pool/spa operators for the pool/spa as required. A nationally accredited or trained pool/spa operator shall be readily available on-site or by recall to be on-site within one hour during all hours of operation to monitor the public swimming pool/spa and maintain it in a safe and sanitary manner.
(b) New and existing Class A, B and D pools and spas, located at Class A and B facilities shall be required to have a nationally accredited pool/spa operator.
(c) New and existing Class C and D pools and spas shall be required to have trained pool/spa operators. In order to be considered trained, a pool/spa operator shall successfully complete a course in pool/spa maintenance and safety approved by the director.
(d) A person commits an offense if the person owns or is in control of a public swimming pool/spa that does not have a nationally accredited or trained pool/spa operator readily available during all hours of pool/spa operation.
(e) A person who owns or is in control of a public swimming pool/spa shall maintain proof by posting prominently on the premises that the pool/spa has a designated nationally accredited or trained pool/spa operator certificate and shall present such proof to the director upon demand.
(f) In a prosecution for a violation of subsection (d) above, failure to present proof of a designated nationally accredited or trained pool/spa operator to the director shall constitute prima facie evidence that a nationally accredited or trained pool/spa operator is not readily available during all hours of operation.
(g) Class C and D pools and spas.
(1) If a trained pool/spa operator is not employed on-site at the public swimming pool/spa, the owner or person in control of the pool/spa shall post a sign visible from the deck of the pool/spa stating the telephone number or pager number of the trained pool/spa operator. The letters in such signs shall be of a minimum height of one inch, and shall be of a color contrasting to their background.
a. At a minimum, such signs shall state:
“TO REPORT MECHANICAL, SAFETY OR WATER QUALITY PROBLEMS WITH THIS FACILITY, CALL _____ DURING HOURS OF OPERATION.”
b. Such signs shall be of weather-resistant construction, and shall be posted where they are readily visible to a reasonably observant person.
(2) A person commits an offense if the person owns or is in control of a swimming pool/spa with no trained pool/spa operator employed on-site and fails to post or maintain signs required by subsection (g)(1)(a) and (g)(1)(b) above.
(i) Permit applications for new and existing Class A, B and D pools and spas located at Class A and B facilities shall name the designated nationally accredited pool/spa operator for the public swimming pool/spa for which a permit is sought. If the designated nationally accredited pool/spa operator changes during the term of the permit, the owner or person in control of the pool/spa shall immediately report such change to the director.
(j) A person commits an offense if the person owns or is in control of a public swimming pool/spa and knowingly fails to report a change of a nationally accredited pool/spa operator as required by subsection (i) above.
(k) The director shall charge a fee set by the city council for any courses or tests the director administers pursuant to this section.
(Ord. 12156, § 1, passed 9-12-1995; Ord. 16313, § 10, passed 3-1-2005)