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(A) The Health Officer shall establish an inspection schedule to insure that all permitted swimming pools, wading pools, interactive play attraction, and spas are inspected at least one time per year. More frequent inspection may be assigned at the discretion of the Health Officer.
(B) If during the inspection of any swimming pool, wading pool, interactive play attraction, or spa, the Health Officer or the Health Officer's representative discovers a violation of any of the requirements of § 111.05, he shall issue a written order listing such violations to the proprietor or, in the proprietor's absence, to the person in charge, and setting a date by which the violation shall be abated.
(C) The Health Officer, upon a hearing with the permittee, may revoke the permit and promptly file written notice of the action to the permittee if the permittee should fail to show cause as to why their permit should not be revoked. The Health Officer or the Health Officer's representative shall maintain a permanent record of proceedings filed in the Office of the Putnam County Health Department.
(D) Any permit issued under this chapter may be temporarily suspended by the Health Officer, without notice or hearing, for a period not to exceed 30 days for any of the following reasons:
(1) Unsanitary or other conditions which the Health Officer determines may endanger the public health.
(2) Interference with the Health Officer in the performance of their duties.
(3) Habitual non-compliance with the requirements set forth by the Indiana State Department of Health or by this chapter.
(E) Any person whose permit has been suspended may, at any time, make written application to the Health Officer for reinstatement of his/her permit. Prior to reinstatement, the public and/or semi-public swimming pools, public or semi-public wading pool, interactive play attraction, or public or semi-public spa, the Health Officer or the Health Officer's Representative shall conduct an inspection to ensure compliance with Rule 410 IAC 6-2.1, Rule 675 IAC 20, and this chapter.
(F) A swimming pool, wading pool, interactive play attraction, and/or spa operator shall immediately discontinue operations and notify the Health Department if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, gross unsanitary occurrence or condition, or other circumstance that may endanger public health. The Operator must then obtain approval from the Health Department before resuming operations.
(Ord. 2016-3-7, passed 3-7-2016)
A pool shall be closed when any of the following occurs:
(A) Failure to meet bacteriological requirements of 410 IAC 6-2.1, Section 31(f) Public and Semi-Public Pools;
(B) Failure to meet disinfectant concentrations of 410 IAC 6-2.1, Section 30(b) Public and Semi-Public Pools;
(C) Failure to meet the water clarity requirements of 410 IAC 6-2.1, Section 31(a) Public and Semi-Public Pools;
(D) The grate on the main drain is missing or broken, or failure to meet the requirements of 410 IAC 6-2.1, Section 32(e) Public and Semi-Public Pools;
(E) Failure to meet lifeguard requirements of 410 IAC 6-2.1, Section 35, Public and Semi-Public Pools, if applicable;
(F) A pump, filter, or disinfectant chemical feeder is not operational;
(G) All fecal accidents;
(H) The spa water temperature exceeds 104 degrees Fahrenheit;
(I) Failure to have the swimming pool under the supervision of an individual who shall assume the responsibility for compliance with all parts of 410 IAC 6-2.1 and this chapter;
(J) Failure to maintain a pH value of less than 6.8 or equal to or greater than 8.0;
(K) Detecting any measurable concentration of chlorinated isocyanurates and cyanuric acid stabilizers used in an indoor pool; and
(L) Any other imminent health hazard that could cause injury or illness.
(Ord. 2016-3-7, passed 3-7-2016)
All swimming pool, wading pool, interactive play attraction, or spa operators shall, upon the request of the Health Officer, permit the Health Officer access to all parts of the establishment, and shall permit the Health Officer to collect evidence and/or exhibits, and to routinely inspect, investigate complaints, and copy any or all records relative to the enforcement of this chapter.
(Ord. 2016-3-7, passed 3-7-2016)
Operating records shall be logged daily, kept for a minimum of one year, and be available upon request by the Health Department. The operating records must contain the following:
(A) Disinfectant residuals and combined chlorine concentrations;
(B) pH readings;
(C) Volume of fresh water added;
(D) Operating periods of pool water recirculation pumps and filters and the corresponding rate of flow meter readings;
(E) Amounts of chemicals used;
(F) Maintenance and malfunctioning of equipment. The date and time of any contamination incidents occurring in the pool, a description of the contamination incident which states if the contamination was full stomach vomit, solid fecal, diarrhea, blood in the pool water, or body fluid on any pool deck surfaces, and the free chlorine and pH levels at the time of observation of the full stomach vomit or fecal contamination incident. Before reopening the pool, the following must be recorded:
(1) Free chlorine and pH levels;
(2) Procedures followed in response to the fecal accident, including the process used to increase chlorine levels (if necessary);
(3) Contact time; and
(4) The contamination incident report shall be forwarded to the Putnam County Health Department within ten days of the incident.
(G) Any injury/incident report using a form prescribed by the Putnam County Health Department shall be made for each occurrence that:
(1) Results in death;
(2) Requires resuscitation;
(3) Results in transportation to a hospital or other facility for medical treatment;
(4) Results in an illness connected to the water quality of the swimming pool, wading pool, or spa; and
(5) The injury/illness report shall be forwarded to the Putnam County Health Department within ten days of the incident.
(Ord. 2016-3-7, passed 3-7-2016)
(A) If a pool/spa, or interactive play attraction operator operates a pool, interactive play attraction, or spa without first obtaining a permit, the operator shall be subject to a fine of not more than $500. Each day the operator is in violation of this chapter shall constitute a separate offense which shall include a fine of not more than $50 per day.
(B) The Health Department may bring an action in the Circuit or Superior Court to enforce this chapter, including for injunction or any other available remedy, at law or otherwise. The Health Department shall be entitled to recover all costs and expenses associated with any action for enforcement of this chapter including reasonable attorney fees. The Health Department may request revocation of the operator's permit.
(Ord. 2016-3-7, passed 3-7-2016)