(A) To qualify for a permit, an applicant must:
(1) Be an owner/operator of the pool/spa facility;
(2) Comply with the requirements of this chapter and Rule 410 I.A.C. 6-2.1;
(3) Agree to allow a Health Officer access to the pool/spa facility for the purpose of inspection and/or investigation; and
(4) Pay the applicable permit fees at the time the application is submitted.
(B) It shall be unlawful for any person to operate a public or semi-public pool/spa in St. Joseph County without a valid permit from the Health Officer. The permit shall be posted in a conspicuous place on the premises of the permitted pool/spa. Only persons with the applicable provisions of this chapter and Rule 410 I.A.C. 6-2.1 shall be entitled to receive and retain such a permit. The permit for operating a pool/spa shall be valid for a term of one year, to be renewed annually on or prior to April 30. Any permit issued by the Health Officer shall contain the name and address of the person to whom a permit is issued and any other data as the Health Officer may deem necessary.
(C) A separate permit shall be required for each pool/spa on the facility premises.
(D) Permits are not transferable between facilities, owners or pools/spas.
(E) Public and semi-public pools/spas operating only during summer months (May, June, July, August and September) shall pay a permit and inspection fee as prescribed by the St. Joseph County Board of Commissioners, which shall be paid to the St. Joseph County Health Department at the time an application for permit is filed. Public and semi-public pools/spas operating year-round or for periods longer than the summer months shall also pay a permit and inspection fee as prescribed by the St. Joseph County Board of Commissioners. All permit fees shall be payable on or before the established anniversary date of the year intended for operation and shall be subject to the addition of a late penalty. The late penalty charge does not apply to pool facilities that were not in operation the previous year.
(F) All pools, including those managed by tax-supported units of government and schools, shall pay a permit and inspection fee as prescribed by the St. Joseph County Board of Commissioners. The fee shall be paid to the St. Joseph County Health Department at the time an application for permit is filed. Tax supported units of government and schools shall be exempt from payment of the above prescribed late fees.
(G) A person desiring to operate a pool/spa shall submit to the Health Department a complete written application for a permit on a form provided by the Health Department. The content of the permit application shall request the following information:
(1) The name, address, telephone and fax number of the facility;
(2) The facility owner(s);
(3) The manager/pool operator;
(4) The class of pool/spa;
(5) Pool/spa capacity in gallons;
(6) The amount of permit fee; and
(7) Signature and date of person applying for the permit.
(H) Any permit issued by the Health Officer shall contain the following information:
(1) The name and address of the establishment;
(3) The class of pool/spa;
(5) Expiration date of the permit;
(6) The raised seal of the St. Joseph County Health Department;
(7) Pool/spa capacity in gallons; and
(8) The Health Officer’s signature.
(I) The Health Officer may issue a permit to a new owner of an existing pool/spa after a properly completed application has been submitted, reviewed and approved.
(J) Upon acceptance of the permit that has been issued by the Health Officer, the owner/pool operator shall perform the following in order to retain the permit:
(1) Comply with all rules set forth by Rule 410 I.A.C. 6-2.1 and all provisions of this chapter, and any variances granted by the Indiana State Department of Health;
(2) Immediately close facilities and notify the Health Department if a health hazard exists;
(3) Allow representatives of the Health Department full access to the pool/spa facility;
(4) Comply with directives of the Health Department including time frames for corrective actions as specified in the inspection reports, notices, orders, warnings and other directives issued by the Health Department in regards to the pool/spa facility, or in response to community emergencies;
(5) Accept all notices issued and served by the Health Department and the Indiana Department of Health;
(6) Be subject to the administrative, civil, injunctive and criminal remedies authorized in law for failure to comply with Rule 410 I.A.C. 6-2.1 or this chapter, or the directive of the St. Joseph County Health Department; and
(7) The owner/pool operator shall post the permit in a conspicuous place visible to patrons of the facilities.
(K) A copy of Rule 410 I.A.C. 6-2.1 and this chapter shall be available at the pool/spa facility at all times. If Rule 410 I.A.C. 6-2.1 or this chapter is lost or misplaced and cannot be located by the facility owner/pool operator, a new copy may be purchased at the St. Joseph County Health Department.
(L) The Health Officer shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided by law in I.C. 16-20-8-6.
(M) If an owner/pool operator wishes to have a Health Officer assist his or her facility in solving water chemical requirements or water balance, the owner/pool operator may call the St. Joseph County Health Department and request a consultation visit. If the Health Officer cannot solve the problem over the telephone, and believes that the problem is a health hazard, the Health Officer may set up a date and time to visit the facility and assist in resolving the issue.
(N) Should any section, paragraph, sentence, clause, or phrase of this chapter be declared unconstitutional or invalid for any reason, by a court of competent jurisdiction, that holding shall not affect the validity of the remaining portions of the chapter, but the remaining portions shall be and remain in full force and effect.
(O) This chapter shall not create liability on the part of the Health Department or any officer, employee or agent thereof for any damage which may result from reliance on this chapter, or any administrative decision lawfully made thereunder.
(P) All inspections shall be at the discretion of the Health Officer and nothing in this chapter shall be construed as requiring the Health Officer to conduct any inspection nor shall any inspection imply a duty to conduct any other inspection. Nothing in this chapter shall be construed to hold the Health Officer responsible for any damage to persons or property by any failure to make and inspection or re-inspection.
(Ord. 23-06, passed 3-14-2006; Ord. 100-10, passed 10-12-2010)
