For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCREDITING ORGANIZATION. An independent organization, such as the National Swimming Pool Foundation, that is qualified to train, certify, and re-certify a pool operator.
BOARD OF HEALTH. A local board of health as defined in I.C. 16-18-2-210 and referred to in I.C. 16-20.
CERTIFICATION DOCUMENT. A certificate, letter, or other document which includes the expiration date that verifies the individual has passed an accredited examination given by an accredited testing service.
CONFLICT OF INTEREST. As derived from 68 I.A.C. 9-1-1 (b)(2), means a situation in which the private financial interest of the County Official, County Official’s spouse, ex-spouse, siblings, in-laws, children and/or unemancipated child, may influence the County Official’s judgment in the performance of a public duty. (Note: The County Officials should follow the code of ethics if a code of ethics was established for County Officials.)
CPO. A certified pool operator that is recognized by an accredited organization, such as the National Swimming Pool Foundation, and/or has been recognized by the County Health Department.
DEPARTMENT. The Indiana State Department of Health or its authorized representative.
HEALTH OFFICER(S). A medical doctor serving as the executive officer for the County Health Department and secretary for the County Board of Health.
HEARING OFFICER. An individual or panel of individuals acting in the capacity of a Hearing Officer in proceedings. The Hearing Officer is not the Health Officer or any other employee of the County Health Department. Examples of Hearing Officer could be the County Board of Health, a subcommittee of County Board of Health, a subcommittee of health professionals from the community or other non-biased third party appointed by the Board of Health.
HOWARD COUNTY HEALTH DEPARTMENT. The local health department in Howard County or authorized representative having jurisdiction over a public or semi-public pool.
HOWARD COUNTY OFFICIAL. Any Official of Howard County, Indiana.
IMMINENT HEALTH HAZARD. A significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury or illness based on the:
(1) Number of potential injuries or illnesses; and
(2) Nature, severity, and duration of the anticipated injury or illness.
INSPECTION. A visit by the Regulatory Authority to determine compliance with pool laws.
INSPECTION REPORT. The document prepared by the County Health Department that is completed as the result of the inspection and provided to the operator.
OPERATOR. The person or corporation that has primary oversight responsibility for operation of the pool through ownership, or lease or contractual agreement (permittee).
ORDER. As derived from I.C. 4-21.5-1-9, means a County Health Department action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more specific persons. The term includes a permit.
PERMIT. The document issued by the County Health Department that authorizes a person or corporation to operate a public or semi-public pool.
PERMITTEE. The person, association, corporation, individual, partnership, or other legal entity that owns the pool and whose name appears on the permit.
POOL. Any structure, basin, chamber, or tank containing an artificial body of water for swimming, bathing, competition, relaxation, therapeutic, or recreational use. All spas, baby pools, lazy rivers, plunge pools and the like are considered pools for the purpose of this chapter.
PUBLIC POOL. Any pool, other than those defined as a semi-public pool, which is intended to be used for swimming or bathing and is operated by a concessionaire, owner, lessee, operator, or licensee, regardless of whether a fee is charged for use. Nothing in this chapter shall be construed as applying to any pool, constructed at a one- or two-family dwelling, and maintained by an individual for the sole use of the household and house guests.
RE-CERTIFICATION. Requiring a pre-certified individual to pass an accredited certification examination within five years from the date of issue of their most recent certificate issue date, or complying with the accredited testing service’s written policy for re-certification.
REGULATORY AUTHORITY. The local, state, or federal enforcement body or authorized representative having jurisdiction over a public or semi-public pool.
REPEAT VIOLATION. A violation that has been observed and recorded on the previous inspection form and the violation was also observed and recorded again on the consecutive inspection report.
SEMI-PUBLIC POOL. Any pool that is intended to be used for swimming or bathing and is operated solely for and in conjunction with:
(1) Schools, universities, and colleges:
(2) Hotels, motels, apartments, condominiums, bed and breakfasts, or similar lodgings;
(3) Camps or mobile home parks;
(4) Memberships, clubs or associations; or
(5) Therapeutic pools; rehabilitation and health care facilities.
Nothing in this chapter shall be construed as applying to any pool, constructed at a one- or two- family dwelling, and maintained by an individual for the sole use of the household and house guests.
SPA. A pool designed for recreational and/or therapeutic use, which is not drained, cleaned, and refilled after each use. The term may include, but is not limited to:
(1) Hydrojet circulation;
(2) Hot water;
(3) Cold water;
(4) Mineral baths;
(5) Air induction systems; or
(6) Any combination thereof.
THERAPEUTIC POOL. Any pool used for rehabilitation of patients or clients at a health care facility. A THERAPEUTIC POOL would be considered semi-public.
UNSATISFACTORY WATER SAMPLE. A water sample that contains more than 200 bacteria colonies per milliliter as determined by the heterotrophic 35-degree Centigrade plate count, a test positive (confirmed test) for coliform organisms in any of the five to ten milliliter portions of a sample when the multiple tube fermentation tube test is used, a test positive for more than one coliform organism per 50 milliliters when the membrane filter test is used, or the presence of any coliform when the 100 milliliter presence/absence test is used.
(Ord. 2006-BCC-11, passed 3-6-06)