§ 95.24 UNSAFE POOL; EMERGENCY CLOSURE.
   (A)   If, during an inspection of any pool or spa, the health department discovers a violation of any of the requirements of Indiana law including this chapter, the health department’s representative may order the pool or spa immediately closed if continued operation of the pool or spa is deemed to present an imminent health hazard. Circumstances that may result in an immediate pool or spa closure include the following reasons:
      (1)   Failure to meet bacteriological requirements of 410 IAC 6-2.1, § 31(f) Public and Semi-Public Pools;
      (2)   Failure to meet the disinfectant concentrations of 410 IAC 6-2.1, § 30(b) Public and Semi-Public Pools;
      (3)   Failure to meet water clarity requirements according to of 410 IAC 6-2.1, § 31(a) Public and Semi-Public Pools;
      (4)   A missing or broken grate for the pool or spa main drain;
      (5)   Failure to meet lifeguard requirements according to 410 IAC 6-2.1, § 35 Public and Semi-Public Pools, if applicable;
      (6)   Nonoperational pump, filter, and/or disinfectant feeders;
      (7)   A nonsolid fecal accident;
      (8)   Spa water temperature exceeding one 104 degrees Fahrenheit;
      (9)   Failure to maintain a pH between seven and seven and eight-tenths;
      (10)   Detecting any measurable concentration of chlorinated isocyanurates and cyanuric acid stabilizers used in an indoor pool;
      (11)   Interference with the Health Officer’s performance of their duties, including denial of access to the pool or spa premises;
      (12)   Failure to possess a valid permit;
      (13)   Any other condition that poses a serious and immediate risk of illness or injury.
   (B)   Any closure order will be in writing. The order shall identify the pool permittee, describe the specific grounds upon which closure is based, direct the immediate closure of the pool or spa and vacating of the premises by users of the pool or spa, list the corrective actions necessary to re-open the pool or spa, and state that a hearing on the emergency closure may be requested by permittee as the holder of the permit. The order shall be served in person on the pool or spa permittee, or some other person in charge or in control of the pool or spa.
   (C)   Resuming operation. If a permittee has discontinued operations for any of the reasons stated above or otherwise according to law, the permittee must obtain approval from the Tippecanoe County Health Department before resuming operations, The Tippecanoe County Health Department may rescind any emergency closure at any time with or without a hearing if it is determined that the reason for the closure no longer exists.
   (D)   A pool operator shall immediately discontinue operations and notify the Tippecanoe County 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 toxic materials, gross unsanitary occurrence or condition, or other circumstance that present an imminent health hazard.
(Ord. 2018-16-CM, passed 9-17-18)