§ 124.04 INSPECTION OF POOLS AND SPAS.
   (A)   Authority to inspect and to copy records. The person operating or owning any public pool, semi-public pool and/or spa in Floyd County shall, upon the request of the Health Officer, permit the Health Officer or his or her authorized representative access to all pool and/or spa facilities and shall permit the Health Officer or his or her authorized representative to collect evidence and/or exhibits and to copy any and all records relative to the enforcement of this chapter.
   (B)   Inspection of facilities. The Floyd County Health Officer and/or his or her designated representative shall implement a regular program of inspecting facilities permitted under this chapter. If upon an inspection, the Health Officer or his or her designated representative finds that the permitted facility is violating any of the provisions of this chapter, then and in that event, the Health Officer or his or her designated representative may promptly issue a written order to the permittee of the facility to appear at a certain time, no later than ten days from the date of the second inspection, and at a place in Floyd County fixed in the notification to show cause why the permit issued under the provision of this chapter should not be revoked. The Health Officer upon such hearing if the permittee should fail to show cause, shall revoke the permit and promptly give written notice of the action to the permittee. The Health Officer shall maintain a permanent record of his or her proceedings filed in the office of the Floyd County Health Department.
   (C)   Suspension of permit.
      (1)   Any permit issued under this chapter may be temporarily suspended by the Health Officer without notice of hearing for a period not to exceed 30 days, for any of the following reasons pursuant to 410 I.A.C. 6-2.1-43:
         (a)   Unsanitary or other conditions which in the Health Officer's opinion endanger the public health;
         (b)    Interference with the Health Officer or any of his or her authorized representatives in the performance of their duties;
      (2)   Provided, however, that upon written application from the permittee, served upon the Health Officer with 15 days after the suspension, the Health Officer shall conduct a hearing upon the matter after giving at least five days written notice of the time, place and purpose thereof to the suspended permittee, provided further, that any suspension order shall be issued by the Health Officer in writing and served upon the permittee by leaving a copy at his or her usual place of business or by delivery of certified or registered mail to such address. Any person whose permit has been suspended may at any time make application to the local Health Officer for the reinstatement of his or her permit.
(Ord. G-13-01, passed 1-7-2013)