(A) For pools and spas regulated by this chapter, it shall be unlawful for any person or entity to operate a public or semi-public pool or spa in Tippecanoe County, Indiana, that does not possess a permit issued by the Tippecanoe County Health Department or its designee. The Tippecanoe County Health Department shall provide the appropriate application forms for permits. The permit shall provide the name and address and contact information of the permittee of the pool and spa, any operator, and such other information as necessary to facilitate the purposes of this chapter. A pool or spa permit shall be issued for a term of one year. The permit(s) shall be posted in the establishment in a place conspicuous to the public.
(B) Each pool or spa within a permittee’s establishment will require a separate permit. Therefore, if an establishment has a pool and a spa they will be required to obtain two permits. This ensures that the Tippecanoe County Health Department can suspend a permit when necessary and an unaffected pool or spa may remain open, according to this chapter and the Indiana State Department of Health’s Swimming Pool Rule, 410 IAC 6-2.1.
(C) Establishments applying for an annual or seasonal permit must provide proof of a satisfactory water sample obtained from the pool or spa prior to issuance or re-issuance of a permit. This criterion allows the Tippecanoe County Health Department to ensure the annual pool can remain open and the seasonal pool or spa has met all the mandatory bacteriological requirements before it is allowed to open.
(D) Permit fees. Permit fees are required to be paid to the Tippecanoe County Health Department prior to issuance of any pool or spa permit. Fees are established in the Tippecanoe County Health Department Fee Ordinance as that ordinance exists at the time of application for a pool or spa permit.
(E) Outstanding fees. All fees, fines, and penalties associated with a pool or spa must be paid before a permit may be issued, renewed, or reinstated, even if the pool or spa was operated by a prior permittee or different entity.
(F) Plan review. Any newly constructed, rehabilitated or altered public pools or spas must show proof of plan approval from the Indiana Fire and Building Services Department and any other applicable regulatory authority and provide such plans to the health department for further plan review and approval by the health department. A separate fee of $150 for each establishment, which fee will include a combination of pools or spas, shall be charged for such plan review. After submitting pool or spa plans for review, if a permit application associated with those plans is denied, any corrective action necessary for a pool or spa permit must be completed within 90 days or a new plan review fee is payable.
(G) Application denial.
(1) If an application for a permit to operate a swimming pool or spa is denied, the Tippecanoe County Health Department shall provide the applicant with a notice that includes:
(a) The specific reasons and any applicable rule citations for the permit denial;
(b) The actions, if any, that the applicant might take to qualify for a permit; and
(c) Advisement of the applicant’s right of appeal such denial through the process indicated in this chapter for permit revocation and an indication of estimated time frames for an appeal.
(2) After denial of a permit, any corrective action necessary for a pool or spa permit must be completed within 90 days or a new permit application and fee is payable.
(Ord. 2018-16-CM, passed 9-17-18)