Public Notices

Legal Advertisement BROWN COUNTY, INDIANA PUBLIC AND SEMI-PUBLIC SWIMMING POOL AND SPA HEALTH ORDINANCE No.__________ WHEREAS, the Brown County Health Department is charged with protecting the health and safety of Brown County residents and visitors by enforcing compliance with Indiana pool codes and federal safety laws; WHEREAS, the operation of public and semi-public beaches, swimming pools, and spas can pose potential health and safety risks if not properly regulated in accordance with 410 IAC 6-2.1 and the Virginia Graeme Baker Act; and WHEREAS, the Brown County Health Board and the Board of Commissioners of Brown County, Indiana deems it necessary to establish regulations governing the design, construction, operation, and maintenance of such facilities to uphold state and federal safety standards and ensure public health and safety. NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE BOARD OF COMMISSIONERS OF BROWN COUNTY, INDIANA, as follows: Section 1.0: Purpose and Authority This ordinance is enacted by the Board of Commissioners of Brown County, Indiana, pursuant to the authority granted by Indiana, assigning the Brown County Health Department responsibility to ensure all public and semi-public beaches, swimming pools, spas, and hot tubs comply with: 1. Indiana Administrative Code (specifically 410 IAC 6-2 and related administrative rules); and 2. Federal Virginia Graeme Baker Pool and Spa Safety Act (VGBA) (15 U.S.C. 8001–8008). The ordinance provides for the regulation of public and semi-public bathing beaches, swimming pools, and spas within Brown County, Indiana, to protect public health, safety, and welfare. Section 2.0: Definitions For purposes of this ordinance, the following definitions shall apply: • Beach: A naturally occurring or artificial body of water, together with associated shoreline, that is designated, developed, maintained, or permitted for use for recreational swimming or bathing. Bathing beaches include, but are not limited to, lakes, ponds, quarry lakes, or other open bodies of water where swimming occurs • Board: The Brown County Health Board. • Department: The Brown County Health Department or its authorized representative. • Facility: All units and guest rooms within one building or contiguous complex that share central amenities at one address and operated under unified management. • Pool: Any artificially constructed basin, chamber, or tank containing an artificial body of water used for swimming, diving, or recreational bathing, relaxation, competition, or recreational use. • Spa/Hot Tub: A pool designed for recreational or therapeutic, or both, use, commonly known as a hot tub or therapy pool, that 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. • Operator: Any person or entity responsible for the operation and maintenance of a public or semi-public swimming pool or spa. • Person: Any individual, partnership, firm, corporation, association, or other legal entity. • Public Pool/Spa/Hot Tub/ Beach: Any pool, spa/hot tub, or beach other than those defined as a semi-public pool/spa/hot tub, 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. Nothing in this article shall be construed as applying to any pool, spa/hot tub, or beach constructed at a one (1) or two (2) family dwelling and maintained by an individual for the sole use of the household and house guests. • Semi-Public Pool/Spa/ Hot Tub: Any pool or spa/hot tub restricted for use by residents, members, or registered guests that is intended to be used for swimming or bathing and is operated solely for and in conjunction with: (1) hotels, motels, apartments, condominiums, bed and breakfasts, tourist homes, or similar facilities associated with lodgings; (2) camps or mobile home parks; or (3) membership clubs, churches, or associations. Nothing in this article shall be construed as applying to any pool or spa/hot tub constructed at a one (1) or two (2) family dwelling and maintained by an individual for the sole use of the household and house guests. Section 3.0: Registration and Permitting 3.1 Registration Required No person shall operate a public or semi-public pool or spa/hot tub in Brown County without first obtaining a valid annual registration from the Department. Only persons who comply with the applicable provisions of this chapter shall be entitled to receive and retain such a permit. 3.2 Application Application for registration shall be made on forms provided by the Department and shall include: • Name and address of the owner/operator. • Location of the beach, pool, or hot tub/ spa. • Documentation demonstrating compliance with this ordinance and Virginia Graeme Baker Pool and Spa Safety Act requirements. Acceptable documentation for Virginia Graeme Baker compliance includes manufacturer’s certification for drain covers, a General Certificate of Conformity, or installation records. • Other information deemed necessary by the Department. 3.3 Registration Fee Each facility shall remit to the Department a non-refundable, annual registration fee for each beach, pool, hot tub, or spa located on the premises. All registrations shall expire on December 31st of each year. Renewal applications and fees are due on or before January 1st . Registration fees shall be charged in accordance with the fee schedule approved by the Board of Commissioners for the Brown County Health Department. The Commissioners must approve any future fee schedule change. 1. Additional beaches, pools, and spas/ hot tubs Each beach, pool, and spa within a facility will require a separate permit. 2. Prorated Fee for Newly Constructed Facilities: Facilities registering a newly constructed pool or spa/hot tub with the Department for the first time after August 1st shall pay a non-refundable prorated registration fee equivalent to 50% of the standard annual fee. This reduced fee applies to the remaining period of the current registration year. 3.4 Non-transferable All permits issued are non-transferable. They are valid only for the individual or entity to whom they were originally issued and may not be assigned, sold, or otherwise transferred to any other party. Section 4.0: Operational and Safety Standards 4.1 Compliance All public and semi-public beaches, pools, and spas/hot tubs shall be operated and maintained in compliance with this ordinance, 410 IAC 6-2, the Virginia Graeme Baker Pool and Spa Safety Act, and any future amendments or revisions thereto. 4.4 Entrapment and Drain Safety (Virginia Graeme Baker Pool and Spa Safety Act) All pools and spas/hot tubs must have drain covers that comply with ANSI/APSP-16- 2011 and are installed per manufacturer instructions. 4.6 Operational Requirements Beach, pool, spa/hot tub operators must maintain a weekly log, including water quality tests, maintenance, and any unusual incidents. Section 5.0: Inspections 5.1 Inspection Authority The Department may inspect any public or semi-public beach, pool, or spa/hot tub at reasonable times to ensure compliance. 5.2 Inspection Frequency Inspections may be scheduled or unscheduled and shall occur at least once annually. Section 6.0: Enforcement and Penalties 6.1 Violations Operation of a public or semi-public beach, pool, or spa/hot tub in violation of this ordinance, state, or federal law is prohibited. 6.2 Notice of Violation Whenever the Brown County Health Department determines that there are reasonable grounds for believing that a violation of any provision of this ordinance has occurred, the Department shall provide notice of such alleged violation to the owner or the duly authorized agent of the owner of the beach, pool, or spa/hot tub facility. Such notice shall: 1. Be in writing; 2. Include a statement of the reasons for its issuance; 3. Be served by personal delivery to the owner or agent, by registered mail to the last known address, and/ or by posting a copy in a conspicuous place in or about the pool or spa facility; and 4. Include a deadline for the owner or agent to correct the violation(s) or defect(s). 6.3 Time for Remedial Action A pool shall be closed immediately upon the occurrence of any violation of 410 IAC 6-2.1 Section 43. The pool or spa/hot tub shall remain closed until any violation(s) or defect(s) is fully remedied and the Department confirms that the remedy meets all applicable public health standards in accordance with Indiana Public and Semi-Public Swimming Pools Rule 410 IAC 6-2.1 and Federal Virginia Graeme Baker Pool and Spa Safety Act. 6.4 Penalties A fine of $100 per week shall be assessed for each week a violation remains uncorrected after the deadline provided in Notice of Violation. 6.5 Enforcement and Injunctive Relief If compliance is not achieved within the prescribed time, the Department may rescind the operating license. In the event of a license rescission, the pool operator must apply for a new license and meet all applicable requirements, including payment of fees, before resuming operation. 6.6 Closure If the Health Department determines that a violation or defect presents an immediate danger to public health, the Department may require immediate compliance and remedial action prior to the expiration of any standard remedy period. In such cases, the Department may also order the immediate closure of the beach, pool, or spa until the hazard