(A) It shall be unlawful for any person to operate a public or semi-public pool in the county that does not possess a valid permit issued by the Regulatory Authority. The permit shall provide the name and address of the operator of the pool. An annual swimming pool permit or an annual spa permit shall be issued for a term of one year, beginning on May 1 and expiring on April 30 of the next year. A seasonal swimming pool permit or a seasonal spa permit shall be obtained for any pool that will be opened less than six months in the same calendar year. All seasonal pools must obtain a permit prior to opening. Any holder of a permit shall be subject to inspection as set forth herein. The County Health Department shall provide the appropriate application forms for the permits. The permit(s) shall be posted in the establishment in a place conspicuous to the public.
(B) Each pool within an establishment will require a separate permit. Therefore, if an establishment has a pool and a spa they will be required to obtain two permits. This ensures that the County Health Department can suspend a permit when necessary and an unaffected pool may remain open, according to this chapter, and the Indiana State Department of Health’s Swimming Pool Rule, 410 I.A.C. 6-2.1.
(C) Establishments applying for an annual or seasonal permit must provide proof of a satisfactory water sample obtained from the pool prior to issuance of a permit. This criterion allows the County Health Department to ensure the annual pool can remain open and the seasonal pool has met all the mandatory bacteriological requirements before it is allowed to open.
(D) Prior to issuance of a permit, an application must be filled out and submitted to the County Health Department for each pool. The application will provide contact information and specific information regarding each pool.
(E) Plan review. Any newly constructed, rehabilitated or altered public pools or spas must show proof of prior approval from the Indiana Fire and Building Services Department. Their authority for this plan review is addressed in Title 675 I.A.C. 20-1.
(F) Permit fees. Fees are required to be paid to the County Health Department prior to issuance of any permit. Fees are established in the County Fee Collection Ordinance, as amended. Fees are required for each annual swimming pool or spa permit (May- April) or any seasonal swimming pool or spa permit to operate a public or semi-public pool as defined in division (A) of this section.
(G) Outstanding fees. All fees, fines, and penalties must be paid before a permit may be issued, renewed, or reinstated.
(H) Application denial. If an application for a permit to operate a swimming pool/spa is denied, the County Health Department shall provide the applicant with a notice that includes:
(1) The specific reasons and rule citations for the permit denial;
(2) The actions, if any, that the applicant must take to qualify for permit; and
(3) Advisement of the applicant’s right of appeal and the process and time frames for appeal that are provided in law.
(Ord. 2006-BCC-11, passed 3-6-06)