(A) The County Health Department may suspend a swimming pool or spa permit to operate a pool if it determines through inspection or any other means as specified in this chapter that an imminent health hazard exists. The suspension shall remain in effect until the Regulatory Authority confirms that the condition(s) cited in the notice of suspension no longer exist.
(B) The Regulatory Authority may at any time summarily suspend a pool’s permit:
(1) By providing written notice to the permit holder or operator, without prior warning, notice of a hearing, or a hearing, if it is determined that an imminent health hazard exists; or
(2) For interference with the Regulatory Authority in the performance of its duties.
(C) A permit holder may request a hearing to address concerns about the Regulatory Authority’s compliance actions, except that a hearing request does not stay the Regulatory Authority’s imposition of a summary suspension. If a permit is suspended and/or revoked, the pool/spa must be inaccessible to bathers by use of locked doors or other barriers.
(D) The following are options available to the County Health Department for consideration:
(1) The County Health Officer may issue an Order to Abate, Permit Suspension, Pool Closure Order, or hold a hearing and levy fines based on a condition that may transmit, generate, or promote disease. A hearing shall be called if an establishment has obtained four closures within a 30-day period. Reasons for closure are listed in §§ 96.11 and 96.12. A requested inspection that does not meet operational standards shall also count as a closure for these purposes. Failure on the part of the operator to comply with the order could result in the enforcement of the order in the court of jurisdiction by the initiation of an action by the County Attorney, or attorney authorized by the County Executive or County Prosecuting Attorney. See I.C. 16-20-1-25. See also § 96.14.
(2) If the action concerning public health is an ordinance violation, the County Attorney or attorney authorized by the County Executive may be requested to institute a proceeding in the courts for the enforcement of the ordinance violation. See I.C. 34-28-5-1.
(3) If the action concerning public health is a criminal offense, the County Prosecuting Attorney shall be requested to institute a proceeding in the courts for enforcement. See I.C. 16-20-1-25(c).
(E) Monetary fines. Unless adjusted by an administrative order, the following schedule of monetary penalties shall be used if penalties are to be assessed:
(1) The penalty for operating a public or semi-public pool without a valid permit (which includes any pool closed by a health inspector), as defined in this chapter, shall be up to $500.
(2) The penalty for repeated violations on consecutive inspection reports as defined in this chapter and in 410 I.A.C. 6-2.1, shall be up to $50 for each violation for each day the violation(s) continue. The $50 fine for repeated violations excludes any items listed in §§ 93.11 and 96.12 that describe reasons for closure.
(3) All other penalties will be assessed by the Hearing Officer. In determining the seriousness of the violation and the specific amount of the penalty to be sought for each violation, the Hearing Officer will consider, but is not limited to, the following:
(a) The potential for harm or imminent threat to public health.
(b) The extent of deviation from statutory or regulatory requirements.
(c) Degree of willfulness or negligence.
(d) History of noncompliance.
(4) The absence of direct harm will not result in assessment of a lower penalty for a violation.
(F) The County Health Department may suspend a permit to operate a pool if it determines, through inspection, swimming pool logs that are not maintained according to Indiana State Department of Health’s Swimming Pool Rule 410 I.A.C. 6-2.1, or other means as specified in this chapter, that an imminent health hazard exists.
(G) Pool closure orders will be issued and Health Department signage will be immediately posted. Pool closure signage placed by the Regulatory Authority shall not be removed except by the Regulatory Authority. A return of service order will be completed for a record of the date and time the order was delivered.
(Ord. 2006-BCC-11, passed 3-6-06)