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HomeMy WebLinkAboutOrd 3242 08/03/1982 RDINANCE NO. 3242 AN ORDINANCE TO ADD A NEW ARTICLE V ENTITLED "PUBLIC SPA SANITATION 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 Auqust , 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. 32z12 AN ORDI~ANCE TO ADD A NEW ARTICLE V ENTITLED "PUBLIC SPA SANITATION REGULATIONS" TO CNAPTER 19 OF THE VILLAGE CODE OF MOU~T PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES 'OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, COOK COUNTY, ILLINOIS: SECTION ONE: Chapter 19 of the Village Code of Mount Prospect, Illinois, is hereby amended by adding thereto a new Article V entitled ~'Public Spa Sanitation Regulations~ to read as follows: ARTICLE V PUBLIC SPA SANITATION REGULATIONS SECTION: 19.501 19.502 19.503 19.504 19.505 19.506 19.507 19.508 19.509 19.510 19.511 19.512 19.513 19.514 19.515 19.516 19.517 19.518 19.519 19.520 19.521 19.522 19.523 19.524 19.525 19.526 19.527 19.528 19.529 19.530 19.531 19.532 Purpose Definitions Materials of Manufacturer Heater and Temperature Requirements Electrical Requirements Water Supply Inlets and Outlets Circulation Systems Overflow Systems Filters Pumps and Strainers Valves Air Infection Systems Disinfectant and Chemical Feeders Waste Water Disposal Safety Sanitary Facilities Chemical Operational Parameters License to Operate Public Spa Permit for Construction or Installation Required License Fee Conditional or Temporary Permit Inspection of Spa Premises Access to Premises for Inspection Submission of Water Samples Notice of Violation Notice Regarding License Suspension or Revocation Hearing Regarding License Suspension or Revocaion Hazardous Conditions - Closure Penalty Severability Display of License, Removal Sec. 19.501 Purpose. The provisions of this Article are designed to protect the public health, safety and welfare by providing sanitation regulations Sec. 19. 502 502.1 502.2 502.3 502.4 502.5 502.6 for the evaluation and approval of the design, construction and operation of spas. Definitions General Description - Spas Spa means any pool or tub designed for recrea- tional and therapeutic use and for physiological and psychological relaxation. These pools are not drained, cleaned and refilled after each use and may include, but are not limited to, these types: Hydrojet circulation, hot water, cold water, mineral baths, air induction systems or some combination of these. Such pool or tub is shallow in depth and not meant for swimming or diving, and depending on its size, location and support equipment capacity, can accommodate from one to many bathers. These facilities, like swimming pools, are closed cycle water systems and shall be designed with complete water circulation, filtration, heating and in some cases, disinfectant and overflow systems integrated with the water cir- culation system. In most cases, spas equipped with heating devices shall have automatic water temperature controls. Public Spa - Public Spa means any spa other than limited-use private spa which is constructed, modified, or installed for use by the public. Public spas operated in conjunction with a companion residential facility, but not limited to use of the residents, patrons, or members of the companion facility are public. Private Spa - Private spa means any spa owned by no more than the owners of four (4) individual living units, either jointly, individually or through association, incorporation or otherwise and operated and maintained in conjunction with a companion residential housing facility and having no more than four (4) living units, for the limited use of the occupants thereof and their guests. Spa Plumbing - Spa Plumbing shall mean deck drains, where provided. Overflow systems, re- circulation inlets and outlet, pumps, filters, heaters, air induction systems, valves, meter and gauges, piping and fitting. Air Induction - Air induction system is piping and valves of air drawn into hydrojet by vacuum created by hydrojet design. Air Injection - Air Injection system means a system activated by a separate air power unit, -2- 02.7 502.8 502.9 502.10 502.10 502.11 502.12 502.13 or blower which forces air into hollow ducting built into the spa floor, bench, or other part of the spa. Deck - Deck means those areas surrounding a spa which are specifically constructed or installed for use by bathers. Bather - Means any person using the spa and adjoining deck area for the purpose of therapy water sports or related activities. Deck, Above Ground - Any structure that is on top of or adjacent to the outer edges of the above ground spa wall that can support person(s) in a sitting or upright position. Pre-Fabricated - Means a spa and its hydraulic parts fabricated at a factory into a packaged unit, with construction on site (if required) consisting mainly of assembling and uniting standardized parts. Pre-Manufactured - Means vessel only, with hydraulic parts fabricated at the construc- tion site or outside of a factory, consisting mainly of assembling and uniting standardized parts. Tamper Proof - Means that tools are required to alter or remove portions of the equipment. Steps - Means stairs or ladders designed to permit entry and exit to and from the spa, including one or more of the following: 502.12.1 Ladder - Means a series of vertically separated treads or rungs connected by vertical rail members or independent- ly fastened to a vertical spa wall. 502.12.2 Recessed steps Means a riser and tread or a series of risers and treads ex- tending down into the deck with the bottom riser and tread ending at the spa wall, creating a stairwell. 502.12.3 Recessed treads - Means a series of vertically spaced cavities in the spa wall creating tread areas for step holes. 512.12.4 Stairs - Means a riser and tread or a series of risers and treads extending down from the deck into the spa. Waterline - Means: 502.13.1 Where a skimmer system is in use; the midpoint of the operating range of the skimmer. -3- 02.13.2 Where an overflow system is in use; the height of the overflow rim. 502.14 502.15 502.16 502.17 502.18 502.19 502.20 502.21 502.22 502.23 502.24 Toxic - Means a quality which might produce an adverse physiological effect on a person. The selection of materials for components and acces- sories to be used in and around spas and hot tubs shall be such that the assembled and installed product will not be toxic .to humans or harmful to the environment, and will be chemically compatible with the materials and environment contacted under intended use. Hydrojet - Means a fitting which blends air and water, creating a high velocity turbulent stream of air and water. Hydrojet Pump System - Means a system in which one or more hydrojets are activated by the use of a pump which is completely independent of the filtration and heating systems of the spa. Plastic Means any numerous organic, synthetic, or processed materials which are composed mostly of thermoplastic or thermo-setting polymers of high molecular weight and which can be molded, cast or extruded at some state in manufacturing or in processing into finished articles or objects, or can be shaped by flow. Applicant - Means any person making application for a permit or license. License - Means any individual having a license under this Article, any member of a firm, partnership or association to which a license is issued under this Article and any corporation having a license under this Article. Person - Means any individual, group of individuals, association, trust, partnership, corporation, or person doing business under an assumed name. Department - Means the Village of Mount Prospect Health Services Department. 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. 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. -4- ec. 19.503 Materials of Manufacturer 503.1.1 General. The materials of components and accessories used in and around spas shall be compatible with man and compatible with the environment in which they are installed. These materials shall be capable of ful- filling the design, installation, and intended use requirements. 503.1.2 Effect of Environment. The materials for components and accessories to be used in and around spas shall be such that the operational strength of the entire assembly shall not be adversely affected by exposure to rain, snow, ice, sunlight, local normal temperature extremes, local normal wind variations, expected local air pollution products, and the mechanical, electrical, and chemical environment in and around spas. "Local Normal" temperature extremes and wind variations are defined as the average annual recorded limits for the past ten years at any spa installation point in the U.S.A., where such statis- tical information exists in "Statistical Abstract of the United States, 1976," U.S. Department of Commerce, Bureau of the Census, Section 6, Geography and Environment. 503.1.3 Materials Selection. The selection of all materials for components and accessories to be used in and around spas shall be such that all parts with external surfaces and edges that may come in contact with the user are assembled, arranged, and/or finished (deburred, polished, etc.) so that they will not constitute a cutting, pinching, puncturing, or abrasion hazard under casual contact and intended use by users. 503.1.4 Toxicity. The selection of materials used in components and accessories to be used in and around spas shall be such that the assembled and installed product shall not' be toxic to man or harmful to the environ- ment under intended use, and reasonable foreseeable abuse or disposal. 503.1.5 Chemical Compatibility. The selection of materials for components and accessories to be used in and around spas shall be such that the assembled and installed product shall be chemically compatible with the materials and environment con- tacted under intended use and reasonably foreseeable abuse. 503.1.6 Design Strength. The strength of the as- sembled and installed components and ac- cessories to be used in and around spas shall be such that no structural failure of any component part shall cause the failure of any other component part. -5- 03.2 503.3 503.4 'Structural Design 503.2.1 Construction. The spa structural design and materials used shall be in accordance with generally accepted good structural engineering practice providing a sound durable structure which will safely sustain all the dead load, live loads, liquid, hydrostatic and earth pressures involved in each case. The spas shall be water-tight and the surfaces shall be inert, non-toxic, light colored, smooth and easily cleaned. 503.2.2 Roofs or canopies over spas shall be con- structed so that moisture or condensation from the roof or canopy shall not drain into the spa. Dimensional Design 503.3.1 The maximum water depth shall be 4'0" (1.22 m) measured from the water line. Exceptions may be made for spas designed for special purpose such as instruction, treatment, and therapy. 503.3.2 The maximum depth of any seat or sitting bench shall be 2'0" (61 cm) measured from the water line. 503.3.3 Spas shall be provided with a suitable handhold around their perimeter in areas where water depths exceed 3'6" (1.07 m). Handholds shall be provided no further apart than 4'0" (1.22 m) and may consist of any one or a combination of the following: ae Coping, ledges, radiused flanges, or decks along the immediate top edge of the spa shall provide a suitable slip-resistant handhold located not over 12" (30 cm) above the water line. b. Ladders, steps, or seat ledges. A rope or railing placed at or not over 12" (30 cm) above the water line fastened to the wall. 503.3.4 The slope of the floor shall not exceed 1'0" (30 cm) of fall in 12'0" (3.6 cm). Steps, Recessed Steps, Ladders and Recessed Treads 503.4.1 Spa steps, ladders or recessed treads shall be provided where spa depths are greater than 24" (61 cm). -6- 03.4.2 505.4.3 503.4.4 Spas shall be equipped with at least one handrail (or ladder equivalent) for each 50 feet of perimeter, or portion thereof, to designate the point of entry and exit. The design and construction of spa steps and recessed steps, when required, shall conform to the following: Step treads shall have a minimum unobstructed horizontal tread depth of 10" (25 cm) for a minimum con- tinuous width of 12" (30 cm). Riser heights shall not be less than 7" (18 cm), nor greater than 12" (30 cm). When the bottom tread serves as a bench or seat, the bottom riser may be a maximum of 14" (35 cm). The first and last risers need not be uniform but must comply with riser height requirements as noted in Section 4.2 above. The first (top) riser is measured from the finished deck. Intermediate risers, those between the first and last risers, shall be uniform in height. e. Step treads shall have slip-resistant treat surfaces. Each set of steps shall be provided with at least one handrail to fully serve all treads and risers. Handrails shall be installed in such a way that they shall only be removed with tools. The leading edge of handrails facil- itating spa exit shall be located within 18" + 3", horizontally mea- sured from The vertical plane of the bottom riser. Seats or benches may be provided as part of the steps, if in conformance to "e" above. The design and construction Of spa ladders, when required, shall conform to the follow- ing: a. Ladders shall be made entirely of cor- rosion-resistant materials. b. Ladder treads shall have slip-resistant tread surfaces~ -7- 03.5 503.4.5 Decks 503.5.1 503.5.2 503.5.3 503.5.4 503.5.5 Ce Ladder designs shall provide two hand- holds or handrails to fully serve all treads. The maximum outside rails shall be 1.9" minimum of 1" (2.5). diameter of hand- (4.8 cm) and a There shall be a clearance of not more than 6" (15 cm) nor less than 3" (7.6 cm) between any ladder and the spa wall. The design and construction of recessed treads, when provided, shall conform to the following: Stepholes at the centerline shall have a uniform vertical spacing of 12" (30 cm) maximum and 7" (17.5 cm) minimum. Maximum vertical distance between the coping edge and the uppermost recessed tread shall be 12" (30 cm). Stepholes shall have a minimum tread of 5" (13 cm) and a minimum width of 12" (30 cm). Stephole treads shall drain into the spa to prevent the accumulation of dirt thereon. Each set of recessed treads shall be provided with two handrails to fully serve all treads and risers. These requirements which apply at the time of construction shall be for decks used by bathers. Decks, ramps, and similar surfaces, in- cluding step treads and coping, shall be slip-resistant. The roughness or irregularity of such surfaces shall not cause injury or discom- fort under intended use. Special features in or on decks such as depth markings, pool brand insignias or similar shall conform to this section. Risers for steps for the deck shall be uniform and have a minimum height of 3-3/4" (9.5 cm) and a maximum height of 7-3/4" (19.7 cm). The minimum tread width shall be 10" (25 cm). -8- 03.5.6 503.5.7 503.5.8 503.5.9 503.5.10..1 503.5.10.2 503.5.10.3 503.5.10.4 503.5.10.5 503.5.12.1 Excavation ramp areas shall be adequately compacted so as to properly support the decks. Synthetic deck surfaces shall comply with NSF Standard ~39 for "Resilient Artifi- cial Recreational Surfaces." A 4' wide minimum continuous unobstructed deck, which may include the coping, shall be provided around 50% or more of the spa. The maximum slope of decks shall be 1/2" per foot (4 cm per meter) except for ramps. The maximum voids between adjoining con- crete slabs and/or between concrete slabs and expansion joint material, shall be 3/16" (.48 cm) of horizontal clearance with a maximum difference in vertical elevation of 1/4" (.64 cm). Joints where spa coping meets concrete deck work shall be water tight and not allow water to the ground beneath. Joints in the decks shall be provided to prevent cracks which may be hazardous due to changes in elevations, separation of surfaces or movement of the slab. Where deck work joins concrete work other than the spa, these areas shall be pro- tected by expansion joints filled with a non-rigid material such as mastic to adequately protect the spa from the pressures of relative movements. In the absence of specific local engineering practices, the work shall be performed in accordance with the recommended prac- tices of the American Concrete Institute. Where deck work joins spa coping, the joining areas shall be designed and installed so as to adequately protect spa coping and its mortar bed from damage as a result of reasonable movement of adjoining deck work. Decks shall be sloped to effectively drain either to perimeter areas or to deck drains. Drainage shall remove spa splash water, deck cleaning water, and rain water at a rate approximately equal to the rate of arrival without leaving excessive puddles. -9- 03.5.12.2 503.5.t3.1 · ' 503.5.13.2 503.5.13.3 503.5.13.4 19.504 504.1 504.2 504.3 19.505 505.1 19.506 506.1 Site drainage shall be provided away from all deck work so as to direct all perimeter deck drainage as well as general site drainage away from such work. When required, yard drains shall be installed to prevent the accumulation or puddling of site water in the general area of the deck work and related improvements, Gutters and downspouts shall be provided or relocated as necessary to adequately carry roof water away from spa and deck areas. Spa piping, other than that integrally included in the manufacture of the spa, shall be pressure tested. There shall be no valves installed in or under any deck work except for recirculation line valves which may be placed in deck areas provided a minimum 10" (25 cm) diameter access cover and shaft is provided to each such valve to facilitate servicing. Backwash sumps of the open pit or leaching design shall be located so that they fall completely below adjacent deck work and fully outside of a line projected 45° downward and away from such deck work. Deck work shall be designed and installed in accordance with the engineering practices required in the area of the installation. This includes the design and quality of sub-base when required, concrete mix design, reinforcing, etc. In the absence of specific local engineering practices, the work shall be performed in accordance with the recommended practices of the American Concrete Institute's Standard # 302-69. HEATER AND TEHPERATURE REQUIREMENTS The latest American National Standards Institute (ANSI A21.56) standard or other applicable standards shall be used. The maximum temperature of the spa water shall not exceed 104° F. A thermostatic control for the water temperature which ensures that this limit will not be exceeded and is accessible only to the operator is required. An accurate, large, easy to read thermometer shall be mounted in the immediate vicinity of the spa indicating continuously the spa water temperature. ELECTRICAL REQUIREMENTS The latest National Electrical Code, as published by the national Fire Protection Association, shall be used for the wiring and grounding of all electrical equipment associated with a spa and the bonding and 9rounding of all metallic appurtenances. WATER SUPPLY The water supply serving the spa shall meet the requirements of the appropriate local authority for potable water except that the local health officer may approve the use of water from natural sources, including saline water. -lO- 06.2 506.3 19.507 507.1 5O7.2 507.3 507.4 507.5 507.6 507.7 507.8 An over the rim spout if used, shall be properly shielded so as not to create a hazard. Its open end shall have no sharp edges and shall not protrude more than 2" beyond the edge of the spa. The water source line, whether or not a over the rim spout is used, shall have provided a vacuum breaker installed to prevent back flow and hack siphonage. INLETS AND OUTLETS Spa inlets and outlets shall be provided and arranged to produce a uniform circulation of water so as to maintain a uniform disinfectant residual thrOughout the spa. A means shall be provided to drain the spa which may include, but is not limited to, bottom drain, circulation system {with appropriate valving) etc. The total velocity through grate openings shall not exceed 2' per second. The open area in the grates shall be of such design so as to prevent physical entrapment of toes, fingers etc. Outlets, excepts skimmers, on pump suction, shall be covered with suitable grates that can not be removed with out tools. Spa piping shall be sized to permit the rated flows for filtering and cleaning without exceeding the total head developed by the pump at the rated flow. The velocity in the spa piping shall not exceed 10' per second for discharge piping, except for copper piping where the velocity for piping shall not exceed 8' per second. Suction velocity for all piping shall not exceed 6' per second. Piping subject to damage by freezing shall be adequately protected or constructed to permit winterization through accepted methods. Spa outlets shall be designed so that each pumping system in the spa, (Circulation and Therapy), provides one of the following alternatives: Provide two outlets whose pipe diameter sizes are equal. (This may be two outlet drains, or an outlet drain and a skimmer). The system shall be so designed so that neither one of the outlets could be inadvertently cut out of the system by a valve or other means. Provide one anti-vortex drain. This drain shall be so provided so as not to provide a tripping or stubbing hazard. C. Provide either approved means that guard against outlet entrapment. -ll- 9.508 508.1 508.2 508.3 508.4 508.5 508.6 508.7 508.8 508.9 19.509 509.1 509.2 CIRCULATION SYSTEMS Two types of circulation systems shall be provided on public spas. These are: Filtration system: Consisting of its outlets, inlets, and associated piping and valving, it draws water under suction from the spa by means of a pump, then provides for filtration and heating before the water returns to the spa. Therapy system: Consisting of its outlets, inlets and associated piping and valving, it draws water under~ suction from the spa by means of a pump, and returns it to the spa through hydrotherapy jets. The appropriate air induction piping associated with the hydrotherapy jets is considered part of this system. The filtration system equipment shall be sized to turn over the entire spa water capacity at least once every 30 minutes and shall be capable of returning the spa water to a turbidity of 0.50 JTU's at least once during the 4 hours following the peak bather load. Filtration systems shall be designed to operate 24 hrs. a day. Equipment shall be designed and fabricated to drain the spa water from the equipment, together with the exposed face piping, by removal of drain plugs and manipulating valving and/or other methods. Equipment furnished shall be provided with manufacturers warranty which shall warrant the equipments to be free from manufacturing defects. Equipment furnished shall be provided with operating instructions and/or guidelines. An influent pressure gauge with an appropriate range shall be provided in connection with all filters. Materials used in the circulation system shall comply with the appropriate requirements of the joint National Spa and Pool Institute-National Sanitation Foundation standards. In climates subject to freezing temperatures, the spa shell and appurtenances, piping, filter system, therapy system, pump and motor, and other components shall be designed and constructed to be protected from freezing damage under normal operating conditions. OVERFLOW SYSTEMS An overflow system shall be provided. The overflow system shall be designed and constructed so that the water level of the spa is maintained at the operation level of the rim or weir device. -12- 09.3 19.510 510.1 510.2 510.3 510.4 510.5 510.6 510.7 When surface skimmers are used as the sole overflow system, one surface skimmer shall be provided for each lO0 square feet or fraction thereof, of the spa surface area. When two or more skimmers are used in a spa, they shall be located to maintain a balanced skimming action over the entire surface area of the spa. FILTERS Filter requirements - General Filters shall be designed to maintain spa water under anticipated operating conditions in accordance with section ( 19.515 ) of this standard. B. Filters shall b.e designed so that filtration surfaces can be easily restored to the design capacity. C. Filters shall be designed so that filtration surfaces can be inspected and serviced. Flow rates for different types filters are as follows: A. High Rate Sand: 15 gpm/ft2 of filter surface B. D.E. : 1.5 gpm/ft2 of filter surface C. Cartridge : .25 gpm/ft2 of filter surface Filter Maintenance - In addition to the mechanical means of filter media cleansing as outlined by the manufacturer, the nature of spa water impurities dictate that, regardless of filter type, the spa filter media must be chemically cleaned a minimum of once per month. This cleaning consists of a 'soaking' cycle in a cleaning/degreasing and/or descaling type chemical designed specifically for the cleansing of spa water filters, as per the chemical manufactures instructions. To facilitate section (510.3) cartridge type filters shall be provided with two full sets of replacement cartridges. (This will permit continuous operation of the filtration system while one cartridge set is soaking). A means shall be provided to permit release of air which enters the filter tank. This may be automatic or manual..Any filters and/or separation tanks incorporating automatic internal air release as its principal means of air release shall have a means to provide a slow, manual and safe release of pressure as a part of its design. Piping furnished with the filter shall be of suitable material capable of withstanding 3 times the normal working pressure. The suction piping shall not collapse when there is complete shut off of flow on the suction side of the pump. Filters shall meet the safety performance standards of the National Spa and Pool Institute-National Sanitation Foundation standards covering filters. -13- 9.511 511.1 511.2 511.3 511.4 511.5 PUMPS AND STRAINERS A pump and motor shall be provided for the ciYcul~ation of the spa water. Performance of all pumps shall meet the conditions of flow required for proper filtering and cleaning. With all pressure filter systems, a suitable removable strainer or screen shall be provided for all circulation pumps, to remove solids, debris, hair, lint, etc. ~ater entering the pump shall pass through the screen. Pumps shall be designed to perform the functions for which they are intended. Units must be accessible for inspection and service. Where a mechanical seal is provided~ it must be of a corrosion resistant type and caple of operating under the conditions normally encountered in a spa. The motor frame shall have adequate provisions for proper grounding. 19.512 512.1 512.2 VALVES When the pump is below the overflow rim of the spa, valves shall ~e installed on permanently connected suction and discharge lines and located in an accessible place outside the walls of the spa. All valves shall be located wnere they will be readily and easily accessible. 19.513 513.1 513.2 513.3 AIR INJECTION SYSTEMS An air injection system, when orovided, shall totally Drevent water back-up that could cause electrical shock hazard. Air intake sources shall not induce contaminants into the soa. Air anjection shall be installed to air loops only, and not ~e plumbed to the air induction jets. 19.514 514.1 514.2 514.3 514.4 514.5 514.6 DISINFECTANT AND CHEMICAL FEEDERS A means of disinfecting the spa water shall be employed which provides a disenfecting residual in the spa water. Disenfectant levels shall be maintained by any device capable of Providing continuous delivery of disinfectant at any reDroduceable setting, installed contigous with the filtration system. Because of the high ammonia ion levels present in soa water, 'shock' treatment of the spa water shall be ~erformed an accordance with the accepted dosages and standards. ~equ~teand appropriate procedures for testing disinfectant levels shall be ~rovided. The DPD (diethl-p-phenylenediamine) method is required for testing free chlorine residuals. Chemical feeding equipment shall conform to the joint National Spa and Pool Institute-National Sanitation Foundation standards. Ozonatiop of spa water has been shown to effectively reduce amounts of conventional disinfectants used to maintain health spa water. However, since ozone residual is extremely short lived, conventional disinfectant levels should be maintained. 9.515 515.1 515.2 515.3 WASTE WATER DISPOSAL Overflow water shall be returned to the filter system or discharged to a waste system approved by appropriate authorities. Where perimeter overflow water discharges into a sewer, an air gap of at least two times the discharge diameter shall be provided. In lieu of the air gap, as described above, and where this cannot be practicably provided, a relief manhole shall be constructed in the perimeter overflow main waste line with a grated cover, the clear area of which shall be twice the area of the main waste piping, shall be established at a level such that the waste flow in the line will rise in the manhole and overflow at the surface of the ground not less than 2' (61 cm) below the level of the perimeter overflow lip. Backwash water shall be discharged in a sanitary sewer through an approved air gap or to an approved subsurface disposal system or by other means approved by the approprite authorities. 19.516 516.1 516.2 516.3 516.4 SAFETY Spas shall have permanent depth markings plainly and conspicuously posted and located as follows: A. Spas shall have the maximum water depth clearly marked. B. Depth markings shall be positioned within 18" (46 cm) of the water edge. C. Depth markings shall be positioned to be read while standing on the deck facing the water. D. There shall be a~ihim~mof two depth markings per spa, regardless of spa size or shape. Depth markings, in accordance with "d" above, shall be spaced at no more than 25' (7.6 m) intervals and shall be uniformly located around the perimeter of the spa. F. Depth markings in deck sUrfaces shall be slip-resistant. There shall be no protrusions, extensions, means of entanglement or other obstructions which can cause the bather to be entrapped or injured. Spas shall'be protected by a fence, wall, building, enclosure or solid wall of durable material of which the spa itself may be constructed or any combination thereof. Natural or artifici~al barriers shall be provided so as to be impenetrable by toddlers, afford no external handholds or footholds, at least 4' (1.22 m) in height, equipped with a self-closing and positive self-latching closure mechanism at a height of at least 45" (1.14 cm) above the ground and provided with hardware for locking. A sign shall be posted in the immediate vicinity of the spa, stating the location of the nearest telephone and indicating that emergency telephone numbers are posted at that location. Those emergency telephone numbers should include: a. Name and phone number of nearest available police, fire and/or rescue unit. b. Name and phone number of nearest available physician. c. Name and phone number of nearest ambulance services. d. Name and phone number of nearest available hospital. 16.5 An easily readable precaution sign shall be posted adjacent to the spa or hot tub. It shall contain the following warnings. CAUTION 19.517 517.1 1. Do not use when alone. Do not use while under the influence of alcQhol, anticoagulants, antihistamines, vasoconstrictors, vasodilators, stimulants, hypnotics, narcotics or tranquilizers. o Elderly persons and those suffering from heart disease, diabetes, high or low blood pressure should not use the spa or hot tub. 4. Unsupervised use by children is prohibited. 5. Do not use at water temperatures greater than 104° F. Observe a reasonable time limit (e,g., 10 minutes) then shower, cool down and, if you wish, return for another brief stay. Long exposure may result in nausea, dizziness or fainting. Shorter time limit use during pregnancy is indicated. 7. Always exit and enter slowly and cautiously. 8. No smoking or consumption of food or beverage is permitted in spa or on deck area. SANITARY FACILITIES Minimum sanitary facilities (toilets, showers, dressing rooms) shall be provided in accordance with state and/or local sanitary requirements. 19.518 518.1 518.2 518.3 518.4 518.5 518.6 518.7 CHEMICAL OPERATIONAL PARAMETERS Chlorine residual shall be maintained between l~O ppm and 3.0 ppm as free available chlorine. Bromine residual shall be maintained between 0.8 ppm and 3.0 ppm as free available bromine. Chlorinated cyanurates shall meet the following criteria: 1. 1.0 to 3.0 ppn free available chlorine residual; and 2. Cyanuric acid concentration 25 ppm to 200 ppm. The pH of the spa water shall be maintained between 7.2 to 7.8. The water turbidity must not exceed 1.0 JTU's. The alkalinity of the spa water shall not be less than 80 nor more than 200 ppm as calcium carbonate. Bacterial analysis of spa water shall not. indicate the presence of fecal coliform or beta hemolytic Streptococcus or Coliform concentrations of l0 per 100 ml in two consecutive samples. 9.519 LICENSE TO OPERATE PUBLIC SPA After August 4, 1982 it shall be unlawful for any person to open, establish, maintain or operate a public spa 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 oersons qaving an interest therein if the applicant is a group of individuals, association, or trust; and the location of the spa. A license shall be valid only in the hands of the oerson 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 insoect such spa to insure compliance with this Article. 19.520 PERMIT FOR CONSTRUCTION OR INSTALLATION REQUIRED No spa shall be constructed, develoeed, or installed until olans, specifications and other information relative to such spa are submitted to and reviewed by the Department and found to comply with minimum sanitary and safety requirements and design critera, and until an approval for the construction or development is issued by the Department. Permits are valid for a period of one year from date of issue. They may be reissued upon application to the Deoartment and payment of the permit fee as provided in this Article. 19.521 LICENSE FEE The fee to be paid by an applicant for a license is $30.00. Thirty days before expiration of the license, application 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 $30.00. The license application shall contain any change in the information ~ubmitted since the original license was issued or the latest renewal granted. If, after inspection, the Department is satisfied that the spa is in substantial compliance with the provisions of this Article the Department shall issue the renewal license. 19.522 CONDITIONAL OR TEMPORARY LICENSE If the Deoartment finds that the facilities of any spa which a license is sought are not in compliance with the orovisions of this Article, 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 spa fails to comply with the Article, and shall set forth the time within which the applicant must make any changes or corrections necessary to fully comoly with this Article. 9.523 INSPECTION OF SPA PREMISES Subject to constitutiDnal limitations, the Department, by its representatives, after proper identification, is authorized and shall have the power to enter at reasonable times upon ~rivate or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this Article. Written notice of all violations shall be given to the owners, operators and licenses of spas. 19.524 ACCESS TO PREMISES FOR INSPECTION It shall be the duty of the owners, operators and licensees of spas to give the Department and its authorized agents free access to such premises at al.l reasonable times for the purpose of inspection. 19.525 SUBMISSION OF WATER SAMPLES 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 ccnditions of the spa. 19.526 NOTICE OF VIOLATION Whenever the Department determines that there are reasonable grounds to believe that there has been violation of any provision of this Article 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 the performance of any act it requires; (d) be served upon the owner, operator or licensee as the case may require; provide that such notice or order shall be deemed to have been properly served upon such owner, operator or licensee when a copy thereof nas been sent by registered or certified mail to his last known address as furnished to the Department; or when he nas been served with such notice by any other method authorized by the laws of this state. (e) Contain an outline of remedial action, which, if taken, will be required to effect compliance with the provisions of this Article. 19.527 NOTICE REGARDING LICENSE SUSPENSION OR REVOCATION The Department shall in any proceeding to suspend, revoke or refuse to issue a license or permit, first serve or cause to be serveo 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 Article, In the case of a ~vo~ca%ionor suspension, this notice shall require the licensee to remove or abate such violation, insanitary or objectionable condition, specified in such notice, within 5 days or within longer period of time as may Oe allowed by the Department; if the licensee fails to comply with the terms and conditions of the notice, within the time such specified or such extended period of time, the Department may revoke or suspend such license or oermit. If an applicant fails to comply with the Article, rules or regulations or standards promulgated thereunder, the Department may refuse to issue a license. 19.528 528.1 528.2 528.3 528.4 528.5 HEARING REGARDING LICENSE SUSPENSION OR REVOCATION 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 10 days of notice of such refusal of a license or suspension or revocation thereof. The hearing shall be conducted by the Director. A stenographic record shall be made of the hearing and the cost borne by the De]artment; however, a transcription of the hearing will be made only if a party request 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 revocation or suspension thereof. The Director or Hearing Officer may compel by subpoena or subpoena duces tecum 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 subpeona is issued. If such subpoena is issued at the request of the Department, the witness fee shall be paid as an administrative expense. 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 application of any party to the proceeding, may compel obedience by proceeding as for contemp. In the event of the inability of any party, or the Department, to procure the attendance of witnesses to give testimony or produde 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. 28.6 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 additional 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 5 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 administrative decision unless it appears to a court that such error or failure materially affects the rights of any party and results in substantial injustice to him. 528.7 The Department is not required to certify any record or file any answer or otherwise appear in any preceeding for judicial review unless the party filing the complaint deposits with the clerk of the court the sum of $1 per page reoresenting costs of such certification. Failure on the part of the olaintiff to make such deposit shall be grounds for dismissal of the action. 1S.529 529.1 529.2 529.3 HAZARDOUS CONDITION - CLOSURE Whenever the Department finds any of the conditions hereinafter set forth it shall, by written notice, immediately order the ' owner, operator or licensee to close the spa and to prohibit any person from using such facilities: (1) If conditions at a spa and appurtenances, including bathhouse facilities, upon inspection and investigation by a representative of the Department, create an immediate danger to health or safety; or (2) When the Department, upon review of results of bacteriological analyses of water samples collected from a spa, finds that such water does not conform to the bacteriological standards promulgated by the Department for proper swimming water quality; or (3) When the Department finds by observation or test for water clarity of the spa a higher turbidity level than permitted in the standards for physical quality as promulgated by the Department; or (4) 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 facilities at the spa shall state the reasons prompting the closing of the and a copy of the notice must 5eposted conspicuously by the owner, operator or 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 Article. When such conditions are abated or when the results of analyses of water samples collected from the pool or spa, in the opinion of the Department, comply with the Department's bacteriological standards for acceptable water quality, or when the turbidity decreases to the permissible limit, or when the disinfectant residual reaches a satisfactory level as prescribed by rule, the Department may authorize reopening the spa. 9.530 PENALTY Any person, firm or corporation convicted of a violation of any of the provisions of this Article shall ~e ounished 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. 19.531 SEVERABILITY If any part of this Article is adjudged invalid, such adjudication shall not affect the validity of the Article as a whole or of any other part thereof. 19.532 DISPLAY OF LICENSE, REMOVAL All fees shall be submitted in the form of a check or money order. All licenses and permits provided for in this Article 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. SECTION TWO: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form in accordance with law. PASSED AND APPROVED this 3rd gay of August , 1982. AYES: Arthur Floros Miller Murauskis Wattenberg NAYS: None ABSENT: Farley ATTEST: VILLAGE CLERK