§ 150.82  PUBLIC AND SEMI-PUBLIC SWIMMING POOLS.
   (A)   For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CERTIFIED POOL OPERATOR. The person trained through an approved program and ultimately responsible for the safe sanitary maintenance of a public or semipublic pool. One certified pool operator is required on staff per site.
      FREE CHLORINE RESIDUAL.  The chlorine concentration, in milligrams per liter (mg/l) units of water, available for rapid and effective biocidal action. This is the chlorine which remains uncombined with nitrogenous or ammoniacal compounds after the initial chlorine demand of the water has been satisfied.
      LIFEGUARD. An individual schooled and certified in an advanced course of instruction in lifesaving and water safety equivalent to that offered by the American Red Cross.
      POOL.  See SWIMMING POOL.
      PUBLIC POOL.  Any pool, spa or water slide which is intended to be used by the general public for swimming, bathing or other related purposes and is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use.
      RESIDENTIAL.  Pertaining to any structure or premises used for permanent living quarters of whatever type, including conventional single-family residences, duplexes or multifamily residences.
      SEMI-PUBLIC POOL.  Any pool, spa or water slide which is not included within the definition of either PRIVATE POOL or PUBLIC POOL as those terms are defined in this section.
      SPA.  A therapeutic pool, hydrotherapy pool, whirlpool, hot tub and similar type pools which may not be drained, cleaned and refilled for each individual.
      SWIMMING POOL.  Any structure, basin, chamber of tank containing an artificial body of water for swimming, diving or recreational bathing, and shall include water slides.
      WATER PARK.  A facility consisting of multiple attractions including water slides, wave pools, children areas, endless rivers and various other attractions that differ from the traditional swimming pool complex. In order to qualify as a WATER PARK, all attractions must be contained on one site.
      WATER SLIDE.  Any recreational water slide flume designed to provide a descending ridge into a splashdown pool at the base of the slide.
   (B)   Permit required.
      (1)   A person shall not operate a public or semi-public pool in the town unless and until a permit for such purposes has been issued by the Town Administrator or his or her designee.
      (2)   An application for such permit as required in this section shall be made in writing to the Town Administrator or his or her designee upon forms prescribed and furnished by the town.
      (3)   An applicant must designate a certified pool operator for each complex for which a permit is sought, and the person designated as the certified pool operator must be employed on the premises where the pool is located.
      (4)   Operational permits shall expire on April 30 of each year, unless suspended for cause before the expiration date, and must be renewed each year as provided below.
      (5)   Public pools which are owned and operated by the town or public schools must obtain an operational permit but shall be exempt from paying the application fee and the operational permit fee.
   (C)   Duration and renewal of permit.  The permit shall be renewed on May 1 of each calendar year. A permit shall be renewed only after inspection of the pool by the Town Administrator of his or her designee to ensure that the pool continues to meet all requirements of this subchapter, including any changes made since the date of issuance of the last permit.
   (D)   Inspections.  The Town Administrator is authorized to conduct such inspection as he or she deems necessary to ensure compliance with all provisions of this subchapter. He or she shall have right of entry at any reasonable hour upon the premises where a public or semi-public pool is located.  He or she shall have the authority to collect water samples from the pool. Each public or semi-public pool shall be inspected by a consumer health official prior to use by the public for each swimming season as a part of the renewal of a permit as provided herein.
   (E)   Maintenance and operation.
      (1)   Every public and semi-public pool shall employ a certified pool operator, as provided in division (B) above, who shall be responsible for compliance with all parts of this subchapter relating to pool maintenance, pool operation and safety of swimmers. It shall be unlawful for such certified pool operator to cause or permit the existence of a condition which is in violation of any part of this subchapter.
      (2)   All pumps, pump rooms, filters, disinfectant and chemical feeders, drains, ladders, lighting, ropes and appurtenant equipment used in the operation of all public and semi-public pools shall be maintained in a good state of repair.
      (3)   All public and semi-public pools shall be treated and maintained in accordance with the following standards:
         (a)   Every pool shall contain a disinfection concentration of a minimum free chlorine residual of 1.0 mg/l.  Every spa shall contain a disinfection concentration of a minimum free chlorine residual of 2.0 mg/l.  Use of any disinfectant other than chlorine must be approved by the consumer health official.  A test kit for measuring the concentration of the disinfectant, accurate within 0.2 mg/l, shall be provided at each pool/spa.
         (b)   If cyanuric acid is used to stabilize the free available chlorine, or if one of the chlorinated isocyanurate compounds is used as the disinfecting chemical, the concentration of cyanuric acid in the water should be at least 30 mg/l, but shall not exceed 100 mg/l.  A test kit should be available for measuring the concentration of cyanuric acid.
         (c)   Every pool shall have water a pH of not less than 7.2 and not more than 8.0.  A pH test kit accurate to the nearest 0.2pH units, shall be provided at each pool. The total alkalinity of the pool water shall be at least 50 mg/l, but not greater than 150 mg/l.
         (d)   The presence of organisms of the coliform group in any sample shall be deemed unacceptable water quality.
         (e)   Every pool shall have water clarity sufficient for the main drain or a six-inch-diameter turbidity test disk placed at the deepest part of the pool to be clearly visible. Failure to meet this requirement shall be sufficient cause for immediate closure of the pool.
         (f)   Every pool shall be free of scum and foreign floating matter, sediment, dirt, slime and algae and all other foreign material that may be conducive to the transmission of disease.
      (4)   The recirculatory system of a public or semipublic pool must be in operation and properly maintained at all times.
      (5)   Water introduced into the pool shall be supplied through an approved air gap. Any other method of introducing water into the pool system must comply with the Town of Lakeside Plumbing Code.
      (6)   Areas surrounding a public or semi-public pool, including bathhouses, dressing rooms, toilets, shower stalls and lounging areas, shall be kept clean and in a state of good repair at all times.
      (7)   All swimming pool back wash and drainage shall be disposed of into drainage ditches or used to recycle as gray water and for conservation purposes only. No backwash or drainage water may be pumped or drained directly to adjacent public or private property.
   (F)   Health and safety provisions of public and semi-public pools.
      (1)   All public pools, excluding spas, shall be attended by at least one lifeguard during all hours of operation.
      (2)   The following safety equipment shall be readily available at all public and semi-public pools, excluding spas, during all times they are open for use:
         (a)   A life pole or shepherd's crook type of pole, having blunted ends, with a minimum length of 12 feet, or a ring buoy not more than 15 inches in diameter, to which shall be attached a throw line at least the length of the maximum width of the pool.
         (b)   A guard line rope separating the shallow portion of the pool from the deep portion at the breakpoint depth.
      (3)   Semi-public pools, where no lifeguard service is provided, shall post in plain view at each entrance to the pool a warning sign which states "WARNING - NO LIFEGUARD ON DUTY," with clear, legible lettering at least four inches in height. In addition, the sign shall also state, "CHILDREN SHOULD NOT USE POOL WITHOUT AN ADULT IN ATTENDANCE."
      (4)   A sign shall be placed in distinct view of swimmers at all semipublic pools giving the emergency telephone number of the Police Department and the ambulance service or shall state the location of the nearest telephone and also state that emergency telephone numbers are posted at that location. At public pools, these telephone numbers shall be conveniently located at each telephone location.
      (5)   Depth markings must be visible at or above the water surface of the vertical pool wall and on the edge of the deck next to the pool, at maximum and minimum depth points, at points of break between depths and spaced at not more than 25-foot intervals around the entire perimeter of the pool. Markings must be in numerals of minimum height of four inches.
      (6)   A sign should be posted requiring a shower before using the pool.
      (7)   A sign should be posted prohibiting glass within the public or semi-public area or enclosure.
      (8)   A sign should be posted at all public and semi-public spas warning that alcohol should not be consumed prior to or while using the spa.
      (9)   All chemicals used in swimming pool water treatment shall be stored in their original containers and kept in a cool, dry and well-ventilated place, out of reach of children, and should be kept in a locked room.
      (10)   The pool shall be surrounded by an approved wall or fence not less than six feet in height with self-latching gates with locks at all entrances into the pool area. Said fence shall be kept in good repair, including areas adjacent and on the inside and outside of the fence.
      (11)   In the case of private pools that are abandoned or are allowed to become filthy, rendering them unsafe for swimming or bathing, the town may require that the pool in question be secured with a cover approved by the Town Administrator. The town may choose to cover the pool in questions and collect the cost incurred from the owner of the property on which the pool is located.
(Ord. 313, passed 6-22-2010)  Penalty, see § 150.99