Loading...
HomeMy WebLinkAboutOrd 3243 08/03/1982 RDINANCE NO. 3243 AN ORDINANCE TO ADD A NEW ARTICLE VI ENTITLED "PUBLIC SWIMMING POOL SANITATION RULES AND REGULATIONS" TO CHAPTER 19 OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 3rd DAY OF AuGust , 1982. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 4th day of August , 1982. RDINANCE NO. 3243 AN ORDINANCE TO ADD A NEW ARTICLE VI ENTITLED "PUBLIC SWIMMING POOL SANITATION RULES AND P~EGULATIONS''~ TO CHAPTER 19 OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF TF-E VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Chapter 19 of the Village Code of Mount Prospect, Illinois,~ 1981, is hereby amended by adding thereto a new Article Vi entitled "Public Swimming Pool Sanitation Rules and Regulations" to read as follows: "ARTICLE VI PUBLIC SWI~ING POOL SANITATION RULES AND REGULATIONS SECTION: 19.601 19.602 19.603 Purpose Incorporation of Public Swimming Pool Rules and Regulations Amendments, Deletions and Modifications Sec. Sec. sec. no 19.601 Purpose. The provisions of this Article are designed to protect the public health, safety and welfare by providing sanitation rules and regulations for the operation of public swim- ming pools. 19.602 Incorporation of Public Swimming Pool Rules and Regulations. For the purpose of establishing sanitation ru~es and regulations for the opera- tion of public swimming pools, there is hereby adopted the 1981 Edition of the Rules and Reg- ulations pertaining to the Minimum Sanitary Requirements for the Design and Operation of Swimming Pools and Bathing Beaches promulgated by the State of Illinois, Department of Public Health, together with all appendices thereto, except such portions thereof as are amended, deleted or modified as set forth in Section 19.603. 19. 603 Amendments, Deletions and Modifications. The following provisions of the Rules and Regula- tions Pertaining to the Minimum Sanitary Re- quirements for the Design and Operation of Swimming Pools and Bathing Beaches (hereinafter referred to in this Section as "Sanitary Regulations") are hereby amended, deleted or modified. Article I of the Sanitary Regulations is hereby deleted in its entirety and a new Article I substituted therefor, which said new Article shall hereafter be and read as follows: RTICLE I DEFINITIONS Person - Means any individual, group of individuals, asso- ciation, trust, partnership, corporation, or person doing business under an assumed name. Department - Means the Village of Mount Prospect Health Services Department.~ 3. Director - Means the Director of the Village of Mount Prospect Health Services Department. Revocation - Means to declare invalid, for an indefinite period of time, a permit or license issued to the applicant or licensee by the Department. o Suspension - Means to declare invalid a permit or license issued to the applicant or licensee by the Department, for a temporary period of time with an expectation of resumption. Swimming Pool - Means any artificial basin of water which is modified, improved, constructed or installed for the purpose of public swimming and includes: Pools for community use, pools at apartments, condominiums, and other groups or associations having five or more living units, clubs, churches, camps, schools, institutions, Y.M.C.A.'s, Y.W.C.A.'s, parks, recreational areas, motels, hotels and other commercial establishments. It does not include pools at private residences intended only for the use of the owner and guests. 7. Applicant - Means any person making application for a permit or license. o Licensee - Means any individual having a license under this Regulation, any member of a firm, partnership or association to which a license is issued under this Regulation and any corporation having a license under this Regulation. Bather Load - The maximum number of persons which may use the pool at one time without creating undue health or safety hazards. 10. Diving Pool - A pool d~signed and intended for use ex- clusively by divers. 11. Inlet - An opening or fitting through which filtered water enters the pool. 12. Main Drain - The outlet or outlets in the floor of the pool. 13. National Electrical Code - A code for the practical safe-guarding of persons and of buildings and thei~ -2- ontents from hazards arising from the use of electricity for light, heat, power, or radio signalling, prepared by the National Fire Protection Association, 60 Battery- march St., Boston, Mass. 02110. (Latest Edition) Copy available for inspection at this Department. 14. National Sanitation Foundation - A non-profit, non- commercial organization which wholly owns the National Sanitation Foundation Testing Laboratory, 2355 West Sadium Boulevard, P. O. Box 1468, Ann Arbor, Michigan 48106. 15. Perimeter Overflow Systems - A channel at the normal water level normally extending completely around the pool water surface. Also known as an overflow gutter. 16. Permit - A certificate issued by the Department allowing the construction of a new public swimming pool or public bathing beach under the provisions of the "Swimming Pool and Bathing Beach Act." 17. Plumbing - As defined in the Illinois State Plumbing Code. (Latest Edition) Copies available from this Department. 18. Pool Depth - The distrance between the pool floor and the perimeter overflow system lip or midpoint on the skimmer throat weir level. 19. Recirculation Piping - The piping from the pool to the filters and back to the pool, through which the pool water circulates. 20. Sewage - Sewage is any liquid waste containing animal or vegetable matter in suspension solution, and may include liquids containing chemicals in solution. 21. Shallow Pool - A pool, other than a wading pool or spray pool as defined in these regulations, in which the waker depth does not exceed five feet at any point. 22. Skimmer - A mechanical device connected to the recir- culation piping which is used to skim the pool surface. 23. Spray Pool - An artificially constructed area over which water is sprayed but is not allowed to pool. 24. Swimming Pool Manager/Operator - The person responsible for the actual daily operation, or for the supervision of the operation, of a swimming pool. 25. Transition Point - The point of the floor of the pool where an abrupt change in slope occurs between the shallow and deep areas of the pool. 26. Turnover - The time required to recirculate the water volume of the pool through the filtration system. 27. Therapy Pool - A pool intended only for medical treatment or muscle relaxation and not intended for swimming or instruction in swimming. -3- 8. 29. Wading Pool - A pool intended only for small children. It is not used for swimming nor instruction ~in swimming. The maximum depth is less than 30 inches. Water Slide - A slide which consists of one or more flumes, a plunge pool, a pump reservoir, and water treat- ment facilities, where water is pumped to the top of the slide and allowed to flow down the flume to the plunge pool. Article II of the Sanitary Regulations is hereby deleted in its entirety and a new Article II substituted therefor, which said new Article shall hereafter be and read as follows: ARTICLE II PERMITS After August 1, 1982, it shall be unlawful for any person to open, establish, maintain or operate a public swimming pool within the Village of Mount Prospect without first obtaining a license therefor from the Department. Such license shall expire one year from date of issuance. Applications for original licenses shall be.made on forms furnished by the Department. Each application to the Department shall be signed by the applicant. Each application shall contain: The name and address of the applicant, or names and addresses of the partners if the applicant is a partnership, or the name and address of the officers if the applicant is a corporation or the names and addresses of all persons having an interest therein if the applicant is a group of individuals, asso- ciation, or trust; and the location of the public swimming pool. A license shall be valid only in the hands of the person to whom it is issued and shall not be the subject of sale, assignment, or other transfer, voluntary, or involuntary, nor shall the license be valid for any premises other than those for which originally issued. Upon receipt of an application for an original license the Department shall inspect such public swimming pool to insure compliance with this Regulation. No license shall be issued herein with respect to the construction, development or installation of a public swimming pool unless the applicant has first obtained a State permit therefor as required by Chapter 111-1/2, Sections 1201-1227, Illinois Revised Statutes. The fee to be paid by an applicant for a license is $75.00. Thirty days before expiration of the license, appli- cation for renewal of the license shall be made in writing by the holder of the license, on forms furnished by the Department and, shall be accompanied by a fee of $75.00. The license application shall contain any change in the information submitted since the original license was issued or the latest renewal granted. If, after inspection, the Department is satisfied that'the -4- public swimming pool is in substantial compliance with the provisions of this Regulation the Department shall issue the renewal license. If the Department finds that the facilities of any public swimming pool for which a license is sought are not in compliance with the provisions of this Regulation but may operate without undue prejudice to the public, the Department may issue a conditional or temporary license setting forth the conditions on which the license is issued, the manner in which the public swimming pool fails to comply with the Regulations, and shall set forth the time within which the applicant must make any changes or corrections necessary to fuIly comply with this Regulation. Subject to constitutional limitations, the Department, by its representatives, after proper identification, is authorized and shall have the power to enter at reason- able times upon private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this Regulation. Written notice of all violations shall be given to the owners, operators and licensees of public swimming pools. It shall be the duty of the owners, operators and licensees of public swimming pools to give the Department and its authorized agents free access to such premises at all reasonable times for the purpose of inspection. Licensees shall cause to be submitted water samples and such operational and analytical data and records as may be required by the Department to determine the sanitary and safety conditions of the public swimming pogl. Whenever the Department determines that there are reason- able grounds to believe that there has been violation of ~ny provision of this Regulation the Department shall give notice of such alleged violation to the person to whom the license was issued as herein provided. Such notice shall: (a) be in Writing; (b) include a statement of the reasons for the issuance of the notice; (c) allow reasonable time as determined by the Department for ~he performance of any act it requires; (d) be served upon the owner, operator or licensee as the case may require; provided that such notice or order shall be deemed to have been properly served upon such owner, operator or licensee when a copy thereof has been sen~ by registered or certified mail to his last known address as furnished to the Department; or when he has been served with such notice by any other method authorized by the laws of this state. -5- 0. (e) contain an outline of remedial action, which, if taken, will be required to effect compliance with the provi- sions of this Regulation. The Department shall in any proceeding to suspend, revoke or refuse to issue a license or permit, first serve or cause to be served upon the applicant or licensee a written notice specifying the way or ways in which such applicant or licensee has failed to comply with this Regulation. In the case of a revocation or suspension, this notice shall require the licensee to remove or abate such violation, unsanitary or objectionable condition, specified in such notice, within five days or within a longer period of time as may be allowed by the Department; if the licensee fails to comply with the terms and condi- tions of the notice, within the time such specified or such extended period of time, the Department may revoke or suspend such license or permit. If an applicant fails to comply with the Regulation, rules or regula- tions or standards promulgated thereunder, the Department may refuse to issue a license. The Department shall give'written notice by certified or registered mail to any person refused a license or whose license is suspended or revoked; such person has a right to a hearing before the Department; however, a written notice of a request for such a hearing shall be served on the Department within ten days of notice of such refusal of a license or suspension or revocation thereof. The hearing shall be conducted by the Director, or a Hearing Officer designated in writing by the Director, to conduct the hearing. A stenographic record shall be made of the hearing and the cost borne by the Department; however, a transcription of the hearing will be made only if a party requests and shall be transcribed at the cost of such party. The hearing shall be conducted at such place as designated by the Department. The Director shall give written notice of the time and place of hearing, by registered or certified mail, to the owner, operator, licensee, or applicant, as the case may be, at least 20 days before such hearing. The Director or Hearing Officer shall permit the owner, operator, licensee or applicant to appear in person or to be represented by counsel at the hearing at which time such party shall be afforded an opportunity to present all relevant matter in support of his application for license or in resisting the revoca- tion or suspension thereof. The Director or Hearing Officer may compel by subpoena or subpoena duces %ecum the attendance and testimony of witnesses and the production of books and papers and administer oaths to witnesses. All subpoenas issued by the Director may be served as provided for in a civil action. The fees of witnesses for attendance and travel shall be the same as the fees for witnesses before the Circuit Court and shall be paid by the party to such proceeding at whose request the subpoena is issued. If such subpoena is issued at the request of the Department, the witness fee shall be paid as an administrative expense. -6- 2. In cases of refusal of a witness to attend or testify, or to produce books or papers, concerning any matter upon which he might be lawfully examined, the Circuit Court of the County, or a judge thereof, upon applica- tion of any party to the proceeding, may compel obedience by proceeding as for contempt. 13. In the event of the inability of any party, or the Depart- ment, to procure the attendance of witnesses to give testimony or produce books and papers, such party or the Department may take the deposition of witnesses in accordance with the laws of this State. All testimony taken at a hearing shall be reduced to writing, and all such testimony and other evidence introduced at the hearing shall be a part of the record of the hearing. 14. The Director shall make findings of fact in such hearing, and the Director shall render his decision within 30 days after the termination of the hearing, unless ad- ditional time is required by him for a proper disposition of the matter. It shall be the duty of the Director to forward a copy of his decision by registered or certified mail, to the owner, operator, licensee or applicant within five days of rendition of such decision. Technical errors in the proceeding before the Director or the failure to observe the technical rules of evidence shall not be grounds for the reversal of any administra- tive decision unless it appears to the court that such error or failure materially affects the rights of any party and results in substantial injustice to him. 15. The Department is not required to certify any record or file any answer or otherwise appear in any proceeding for judicial review unless the party filing the complaint deposits with the Clerk of the court the sum of $1 per page representing costs of such certification. Failure on the part of the plaintiff to make such deposit shall be grounds for dismissal of the action. 16. Whenever the Department finds any of the conditions here- inafter set forth it shall, by written notice, immediately order the owner, operator or licensee to-~close the public swimming pool and to prohibit any person from using such facilities: (a) If 'conditions at a public swimming pool and appurtenances including bathhouse facilities, upon inspection and investigation by a representative of the Department, create an immediate danger to health or safety; or (b) When the Department, upon review of results of bacter- iological analyses of water samples collected from a public swimming pool, finds that such water does not conform to the bacteriological standards promulgated by the Department for proper swimming water quality; or (c) When the Department finds by observation or test for water clarity of the public swimming pool a higher -7- 7. 18. 19. 20. 21. turbidity level than permitted in the standards for physical quality as promulgated by the Department; or (d) when in such cases as it is required, the presence of a satisfactory disinfectant residual, prescribed by rule as promulgated by the Department, is absent. The notice shall state the reasons prompting the closing of the facilities and a copy of the notice must be posted conspicuously at the swimming pool by the owner, operator, licensee. Any owner,~operator or licensee affected by such an order is entitled, upon written request to the Department, to a hearing as provided in this Regulation. When such conditions are abated or when the results of analyses of water samples collected from the public swimming pool, in the opinion of the Department, comply with the Department's bacteriological standards for acceptable water quality, or when the turbidity de- creases to the permissible limit, or when the disinfectant residual reaches a satisfactory level as prescribed by rule, the Department may authorize reopening the swimming pool. Any person, firm or corporation convicted of a violation of any of the provisions of this Regulation shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. A separate offense shall be deemed to have been committed for each day a violation occurs or continues. If any part of this Regulation is adjudged invalid, Such adjudication shall not affect the validity of the Regulation as a whole or of any other part. Ail fees shall be submitted in the form of a check or money order. All licenses and permits provided for in this Regulation shall be displayed in a conspicuous place for public view, within or on such premises. In case of revocation or suspension, the owner or operator or both shall cause the license to be removed and to post the notice of revocation or suspension issued by the Department. Article XII of the Sanitary Regulations is hereby deleted in its entirety. Article XVIII of the Sanitary deleted in its entirety and a stitutgd therefor, which said be read as follows: Regulations is hereby new Article XVIII sub- new Article shall hereafter -8- ule 18.00 ARTICLE XVIII ROUTINE SAMPLING Water Quality Testing. Disinfectant residual and pH tests shall be made on samples collected from the shallow section and from the deep section of each pool, and from wading pools at least twice daily. Article XXIII of the Sanitary Regulations is hereby deleted in its entirety. Article XXIV of the Sanitary' Regulations is hereby deleted in its entirety." SECTION ~0: Three (3) copies of the Minimum Sanitary Require- ments for the Design and Operation of Swimming Pools and Bathing Beaches - 1981 Edition, as promulgated by the Illinois Department of Public Health, have been for a period exceeding 30 days and are now on file in the office of the Village Clerk, and are available for public use, inspection and examination. SECTION THREE: This Ordinance and the Regulations adopted herein shall be in full force and effect from and after its passage, approval and publication in pamphlet form in accordance with law. PASSED AND APPROVED this AYES: Arthur Floros Miller NAYS: None ABSENT: Farley 3rd day of August Murauskis Wattenberg 1982. ATTEST: VILLAGE CLERK ~ LLAGE PRESIDENT -9-