(A) Compliance and inspection.
(1) The Health Officer shall establish an inspection schedule to ensure that all permitted swimming pools, wading pools, and spas are inspected at least one time per month. More frequent inspection may be assigned at the discretion of the Health Officer.
(2) If, during the inspection of any swimming pool, wading pool, or spa, the Health Officer, or the Health Officer’s representative, discovers a violation of any of the requirements in division (B) below, he or she shall issue a written order listing such violation to the proprietor or, in the proprietor’s absence, to the person in charge, and setting a date by which the violation shall be abated. A copy of the written order shall be filed with the records of the Health Department.
(3) If, upon a follow-up inspection, the Health Officer finds that a swimming pool, wading pool, spa, person, or employee is violating any provisions of this subchapter, which were in violation on the previous inspection, and concerning which a written order was issued, the Health Officer may do either, or both, of the following:
(a) Promptly issue a written order to the permittee of the swimming pool, wading pool, or spa to appear at a certain time and place in the county in order to show cause as to why the permit issued under the provisions of § 92.16(A) should not be revoked; and/or
(b) Furnish evidence of the violation to the county legal representatives for enforcement.
(4) The Health Officer, upon a hearing with the permittee, if the permittee should fail to show cause as to why his or her permit should not be revoked, may revoke the permit and promptly give written notice of the action to the permittee. The Health Officer shall maintain a permanent record of proceedings, filed in the office of the County Health Department.
(5) Any permit issued under this subchapter may be temporarily suspended by the Health Officer, without notice or hearing, for a period not to exceed 30 days for any of the following reasons:
(a) Unsanitary or other conditions which the Health Officer determines may endanger the public health;
(b) Interference with the Health Officer in the performance of his or her duties; and/or
(c) Habitual non-compliance with the requirements set forth by the State Department of Health, or by this subchapter.
(6) Any person whose permit has been suspended may, at any time, make application to the Health Officer for reinstatement of his or her permit.
(B) Authority to inspect, copy records. All swimming pool, wading pool, or spa operators shall, upon the request of the Health Officer, permit the Health Officer access to all parts of the establishment, and shall permit the Health Officer to collect evidence and/or exhibits, and to routinely inspect, investigate complaints, and copy any or all records relative to the enforcement of this subchapter.
(Ord. 2018-14, passed 8-14-2018)