(A) Notice of suspension. The regulatory authority may temporarily suspend the permit of a public pool, spa, or interactive water feature for noncompliance with state pool, spa, or interactive water feature standards, by issuing a written notice for suspension. When a permit is suspended, pool, spa, or interactive water feature operations shall immediately cease. The regulatory authority will immediately post a closed sign and the pool, spa, or interactive water feature access gate shall be locked until any and all violations have been corrected.
(B) Reinstatement of permit after suspension. Whenever a notice of suspension is issued by the regulatory authority, the holder of the permit or the person in charge will be given an opportunity to correct the violation(s) prior to final revocation of the permit. The regulatory authority may end the suspension any time if the reasons for suspension no longer exist.
(C) Revocation of permit. The regulatory authority may, after providing notice of pending revocation and an opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten days following service of such notice. Unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within such ten-day period, the revocation of the permit becomes final.
(D) Service of notices. A notice provided for in these rules is properly served when it is delivered to the holder of the permit or the person in charge of pool and/or spa and/or interactive water feature operations, or when it is sent by registered or certified mail, return receipt requested, to the address listed on the permit application. A copy of the notice shall be fifed in the records of the regulatory authority.
(E) Hearings. The hearings provided for in these rules shall be conducted by the regulatory authority at a time and place designated by it. Based upon the recorded evidence of such hearings, the regulatory authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the regulatory authority.
(F) Right of appeal. Any permit holder who wishes to dispute the decision of a hearing may appeal the decision to the director of the regulatory authority.
(G) Application after revocation. Final revocation of a pool and/or spa and/or interactive water feature permit shall not prevent the holder of the revoked permit from making written application for a new permit to the regulatory authority.
(H) Closed pool, spa, or interactive water feature. Prior to reopening, the owner or operator shall provide the application and fee required by § 92.44(A) if a pool or spa:
(1) Closes voluntarily at the request of the regulatory authority on more than two occasions in one calendar year; or
(2) Closes on court order on more than two occasions in one calendar year.
(‘78 Code, § 9-94.1) (Ord. 879, passed 10-22-90; Am. Ord. OR-1930-14, passed 11-24-14)