§ 95.05 DEFINITIONS.
   In addition to any definitions stated in regulations incorporated within this chapter, the following definitions apply through this chapter. In the event of a conflict, the definitions in this chapter shall govern.
   ACCREDITING ORGANIZATION. An independent organization, such as the National Swimming Pool Foundation, that is qualified to train, certify, and recertify a pool operator.
   BOARD OF HEALTH. The Tippecanoe County Board of Health.
   CERTIFICATION DOCUMENT. A certificate, letter, or other document which includes the expiration date that verifies the individual has passed an accredited examination given by an accredited testing-service.
   CPO. A certified pool operator that is recognized by an accredited organization, such as the National Swimming Pool Foundation, or has been recognized by the Tippecanoe County Health Department, as possessing knowledge and skill sufficient to be regarded as the equivalent of a certified pool operator.
   DEPARTMENT. The Indiana State Department of Health or its authorized representative.
   HEALTH DEPARTMENT. The local health department in Tippecanoe County or its authorized representative.
   HEALTH OFFICER. The Health Officer of the Tippecanoe County Health Department, and his or her authorized representatives.
   HEARING OFFICER. The person presiding over any meeting, hearing, or simitar proceeding to consider or enforce this chapter. The HEARING OFFICER shall normally be the Health Officer, or the Health Officer’s designee.
   IMMINENT HEALTH HAZARD. A significant threat or danger to health that includes, but is not limited to, the reasons for closure set forth in other parts of this chapter. An IMMINENT HEALTH HAZARD is considered to exist when there is evidence sufficient to show that a condition, product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury or illness based on the:
      (1)   Number of potential injuries or illnesses; and
      (2)   Nature, severity, and duration of the anticipated injury or illness.
   INSPECTION. A visit by a regulatory authority to determine compliance with this chapter and any other pool and spa rules.
   INSPECTION REPORT. The document prepared by the Tippecanoe County Health Department that is completed as the result of the inspection and provided to the operator.
   OPERATOR. The person or corporation that has primary oversight responsibility for operation of the pool or spa through ownership, or lease or contractual agreement. The term includes a permittee.
   PERMIT. The document issued by the Tippecanoe County Health Department that authorizes a person or corporation to operate a public or semi-public pool.
   PERMITTEE. The person, association, corporation, individual, partnership, or other legal entity or establishment that owns or leases the premises upon which the pool or spa is located and whose name appears on the permit.
   POOL. Any structure, basin, chamber, or tank containing an artificial body of water for swimming, bathing, competition, relaxation, therapy, or recreational use. The term POOL as used in this chapter also includes pool and spa variations that recirculate water such as baby pools, lazy rivers, plunge pools, wading pools, splash pads, and other aquatic venues.
   PUBLIC POOL. Any pool, other than those pools defined as a semi-public pool, which is intended to be used for swimming or bathing and is operated by a concessionaire, owner, lessee, operator, or licensee, regardless of whether a fee is charged for use. However, this definition does not include any pool, constructed at a one- or two-family dwelling, and maintained by an individual for the sole use of the household and house guests.
   RE-CERTIFICATION. Requiring a pre-certified individual to pass an accredited certification examination within five years from the date of issue of their most recent certificate issue date or complying with the accredited testing service’s written policy for re-certification.
   REGULATORY AUTHORITY. The local, state, or federal enforcement body or authorized representative having jurisdiction over public or semi-public pools and spas.
   REPEAT VIOLATION. A violation that has been observed and recorded on a previous inspection form and the violation was also observed and recorded again on a subsequent inspection report.
   SEASONAL POOL OR SPA. A pool or spa that will be open for no more than a continuous six-month period in any year.
   SEMI-PUBLIC POOL. Any pool that is intended to be used for swimming or bathing and is operated solely for and in conjunction with:
      (1)   Schools, universities, and colleges;
      (2)   Hotels, motels, apartments, condominiums, bed and breakfasts, or similar lodgings;
      (3)   Camps or mobile home parks; or
      (4)   Memberships clubs or associations;
      (5)   Therapeutic pools such as those at rehabilitation and health care facilities.
   SPA. A pool designed for recreational and/or therapeutic use, commonly known as a hot tub or therapy pool, which is not drained, cleaned, and refilled after each use, The term may include, but is not limited to:
      (1)   Hydrojet circulation;
      (2)   Hot water;
      (3)   Cold water;
      (4)   Mineral baths;
      (5)   Air induction systems; or
      (6)   Any combination thereof.
   THERAPEUTIC POOL. Any pool used for rehabilitation of patients or clients at a health care facility. This chapter does not apply to any THERAPEUTIC POOL which is drained and sanitized between uses.
   UNSATISFACTORY WATER SAMPLE. A water sample that contains more than 200 bacteria colonies per milliliter as determined by the heterotrophic 35 degree Centigrade plate count, a test positive (confirmed test) for coliform organisms in any of the five to ten milliliter portions of a sample when the multiple tube fermentation tube test is used, a test positive for more than one coliform organism per 50 milliliters when the membrane filter test is used, or the presence, in the water sample, of other recognized bacteria or harmful chemicals or substances known to result in an imminent health hazard to users of the pool or spa.
(Ord. 2018-16-CM, passed 9-17-18)