A. Authority.(1) Authority to regulate public swimming pools is given under Section 26-15-2, 26A-1-108, 26A-1-114, Utah Code Annotated, 1997
B. Purpose.
(1) The purpose of this policy is to safeguard public health and to set standards for pool plan review, permit issuance, inspection, and permit suspension.
C. Incorporation by Reference.
(1) The requirements as found in Utah Administrative Code Rule R392-302. Design, Construction and Operation of Public pools are adopted and incorporated by reference, with the following amendments.
(a) Amend R392-302-27 (9) to read: A water sample must be collected from a pool at least two times per month and two weeks apart while it is in use, and must be submitted to a laboratory approved by the Utah Department of Health to perform Safe Drinking Water Program testing.
D. Submission of plans and specifications
(1) No person shall begin construction of a public swimming pool or shall substantially alter or reconstruct any public swimming pool without first having submitted plans and specifications to the department for review and approval. The plans shall be prepared by an architect or engineer licensed to practice in the State of Utah.
(2) The application for permit to construct or remodel a public swimming pool shall be on such forms as may be prescribed by the department, together with any supporting data as may be required for the proper review of the plans.
(3) The pool and facilities shall be built in accordance with the plans as approved unless approval of changes has been given in writing by the health authority. The owner or his agent shall notify the health authority at specific predetermined stages of construction and at the time of completion of the pool to permit adequate inspection of the pool and related equipment during and after construction. The pool shall not be placed in operation until such inspections show compliance with the requirements of these Regulations.
(4) The plans shall be drawn to scale and accompanied by proper specifications so as to permit a comprehensive engineering review of the plans including the piping and hydraulic details and shall include:
(a) Plan and sectional views with all necessary dimensions of both the pool and surrounding area.
(b) A piping diagram showing all appurtenances including treatment facilities in sufficient detail, as well as pertinent elevation data, to permit a hydraulic analysis of the system.
(c) The specifications shall contain details on all treatment equipment, including catalog identification of pumps, chlorinators, chemical feeders, filter, strainers, interceptors, and related equipment.
E. Permits, inspections, and penalties
(1) No person shall operate or maintain a public swimming pool unless he has obtained a permit to operate such pool from the department. Only persons who comply with these Regulations shall be entitled to receive and retain such a permit. Such permits are not transferable.
(2) Issuance of the permits will be made after:
(a) A complete application to operate a public pool is submitted.
(b) Fees are collected according to a fee schedule adopted by the TriCounty Health Department Board of Health.
(c) The health authority has conducted an inspection of the pool facility and the pool is in compliance with all applicable rules.
(d) A water sample is collected by the Health Department, submitted to a state certified lab, and the lab results are satisfactory.
(3) The department may revoke any permit for operation or construction of a public swimming pool for failure to comply with these Regulations or in cases where the permit has been obtained through non-disclosure, misrepresentations, or misstatement of a material fact.
(4) Before a permit is revoked, the person to whom the permit has been issued shall have notice in writing enumerating instances of failure to comply with the Regulations. He shall be given an opportunity for appeal to the department within thirty (30) days of notice regarding the reasonableness of the revocation of the permit.
(5) The permit may be reissued upon proper application and upon presentation of evidence that the deficiencies causing revocation have been corrected.
(6) The department is authorized to conduct such inspections as it deems necessary to insure compliance with all provisions of this Regulation and the health authority shall have the right of entry at any reasonable hour to the pool facility for this purpose.
(7) The department may, if it determines a health hazard exists, order closed all or part of a pool facility or its operation.
(a) A pool facility or it's operation shall remain closed until such time that the health authority determines the hazard causing closure has been satisfactorily corrected.
(8) Any person who shall violate any provision of these Rules and Regulations or who shall refuse to comply with a lawful order or direction of the health authority, is subject to penalties as provided by law or an injunctive action as provided by law, or both (See Utah Annotated, 26A-1-121).