(a) The director may order a public swimming pool/spa closed if the director determines:
(1) That it is being operated without a valid public swimming pool/spa permit;
(2) That it is being operated without a nationally accredited pool/spa operator or trained pool/spa operator readily available during all hours of pool/spa operation; or
(3) That the continued operation of the pool/spa will constitute an imminent hazard to the health or safety of persons using the facility, or those in close proximity to the facility.
(b) After the director closes a public swimming pool/spa, the owner or person in control of the pool/spa shall immediately:
(1) Properly post and maintain signs at all entrances to the public swimming pool/spa that state: “CLOSED UNTIL FURTHER NOTICE;” and
(2) Lock all doorways and gates that form a part of the public swimming pool/spa enclosure.
(c) Signs required by subsection (b) above shall be a minimum size of eight and one-half inches by 11 inches. The lettering shall be of a contrasting color to the background. Signs shall be positioned so that they are readily visible to a reasonably observant person.
(d) If the owner or person in control of the public swimming pool/spa is absent, or fails or refuses to comply with subsections (b) and (c) above, the director may post signs and secure the premises in accordance with this section.
(e) A person commits an offense if the person owns or is in control of a public swimming pool/spa subject to a closure order and fails to comply with subsections (b) or (c) of this section.
(f) A person other than the director commits an offense if the person removes, defaces, alters, covers or renders unreadable a closure sign posted by the director.
(g) A person commits an offense if the person uses for swimming, diving or bathing a public swimming pool/spa that has been closed by the director and which is properly posted as required by this section.
(h) A person commits an offense if the person owns or is in control of a public swimming pool/spa subject to a closure order and knowingly allows persons to use the pool/spa for swimming, diving or bathing.
(i) A public swimming pool/spa closed by the director shall not resume operation until a reinspection by the director determines that the facility has been brought into compliance with this article.
(j) A permit holder may appeal a closure order to the director within three days after the issuance of the order. The appeal shall be in writing, shall set forth the reasons why the closure order should be rescinded, and shall be filed with the director. The filing of an appeal does not stay the closure order.
(Ord. 12156, § 1, passed 9-12-1995; Ord. 16313, § 16, passed 3-1-2005)