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Ordinance 99-65Ordinance No. 99- 65 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 77-51, RE: PUBLIC SWIMMING POOLS; AMENDING SECTION ONE, REGULATIONS INCORPORATED BY REFERENCE AND DEFINITIONS; AMENDING SECTION TWO, POOL OPERATOR'S CERTIFICATE; AMENDING SECTION THREE, OBTAINING A POOL OPERATOR'S CERTIFICATE; RENAMING SECTION FOUR, SWIMMING POOL WATER QUALITY; RENAMING SECTION FIVE, PLUMBING INSPECTIONS; RENAMING SECTION SIX, VIOLATIONS; ADDING A NEW SECTION SEVEN, FEES; PROVIDING FOR INCLUSION INTO THE COUNTY'S CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE 8£P 1999 RECEIVED Clerk of Board WHEREAS, it is necessary to adopt mandatory procedures that must be followed whenever there occurs bacteriological and/or fecal contamination of a public swimming pool and to require inspections of on-site plumbing systems which serve the public swimming pool; and WHEREAS, it is necessary to require Oxidation Reduction Potential (ORP/PH) standards applicable to specified spas, and to provide for Health Department review of performance plans and final inspections of new, planned public swimming pools; and WHEREAS, it is necessary to make expand the definition of "public swimming pool" and to add definitions of "transient lodging" and "Barrier"; and WHEREAS, it is appropriate to up-date references to the Florida Administrative Code in Ordinance No. 77-51; and WHEREAS, it is appropriate to amend Ordinance No. 77-51 to try to eliminate some confusion regarding the phrase "Permits to Operate" and to up-date the Health Department's fee schedule with regard to public swimming pools; and WHEREAS, it is no longer necessary that pool water samples be submitted to the Health Department on a regularly scheduled basis. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. SECTION t ONE. Collier County Ordinance No. 77-51 is hereby amended as follows: REGULATIONS INCORPORATED BY REFERENCE AND DEFINITIONS: Words underlined are added; Words :track t!:rcug5 are deleted I (a) The provisions and definitions of Chapter ! OD 5 64E-9 of the Florida Administrative Code in effect on the effective date of passag~this Ordinance, and future amendments to Chapter 64E-9 or to any successor in function to Chapter 64E-9 which regulates public swimming pools and/or public bathing places are incorporated by reference into this Ordinance as though set out fully herein. For the purpose of this Ordinance, the following terms are (b) defined: 1. :t:he4em~ "Health Deparlment" shall mean The Collier County Health Department, a subdivision of The grote Florida Department Of Health 2. :r-he4em~ "Public Swimming Pool" shall mean any swimming pool, spa- _type pool, wading pool, special purpose pool, or water recreation attraction, together with buildings, appurtenances and equipment used in connection therewith. A public swimming pool, where admission is gained with or without pa_yment of any fee for admission, operated by or serving a camp, church, ci _ty, coun _ty, day care center, group home facility for eight (8) or more clients, health spa, institution, park, state or federal agency, school, subdivision; or ,u~; ..... a ~,.. ,~ .... t~ ...... c~,,,;~;~ ;,~ ~,,;.~, ~,,.,..,,. .... ~ cooperative h .... ;.~,, ;.,~u,a; .... ,,~o ,,.,a [~,,~l~ _type living project of five (5) or more living units, such as an apartment or condominium, boarding house, mobile home park, recreational vehicle park, townhouse, or transient living location (such as a motel or hotel) or where the public is allowed to swim. Words underlined are added; Words ..... t. ok ..... u ............ t,,. are deleted 2 3. :t:he4em~ "Course" shall mean a course of study in the care, maintenance and operation of public swimming pools as the course is approved and administered by the Health Department. 4. "Transient lodging:" shall mean a building, facili _ty, or portion thereof (excluding inpatient medical care facilities) which contains one (1) or more dwelling units or sleeping accommodations, including, but not limited to, a resort, group home, hotel, motel, or dormitory_. 5. "Barrier" shall mean fence, wall, building wall, or combination thereof, which completely or surrounds the swimming pool and obstructs unauthorized access to/or from the swimming pool. SECTION/-t TWO. I>l::'t'~tltDl:'l~alx'M't'e t~l::' PERMIT PooL OPERATOR'S CERTIFICATE TO (a) From the effective date of this Ordinance, it shall be unlawful for any person, corporation, partnership, association or other legal entity to operate and/or maintain a public swimming pool unless and until some person directly responsible for the maintenance and care of such swimming pool shall first obtain a Pemdt Pool Operator's Certificate to-oper-at~from the Health Department, which must be displayed at the pool area. The pool shall have daily maintenance and records of the daily maintenance must be retained on the pool site for review by the Health Department. (b) All persons engaged in public swimming pool services or maintenance must acquire shall-have a~r~""':',,....~ tz ,-v-,--~,,~ Pool Operator's Certificate from the Health Department. Pool service contractors holding a current r,~...;,:~.~,.,,,. ~...,,~.~,, ,,."c-~----.v,,~---.,,Jr' .... . ..... license to operate issued by_ Collier County Words underlined are added; Words gt:v. ck t~rc, ug~ are deleted 3 or by the State of Florida are excluded from this requirement. All pool service contractors must be prepared, upon oral request by the Health Department, to immediately present this license at the pool for inspection. SECTION III THREE. PROCEDURE FOR OBTAINING OPEP. AT~,~G PEPOAIT A POOL OPERATOR'S CERTIFICATE (a) ^'-~':''~"~- All applications for r~ .... ,.,,~ o~,~ ~ ~vv ........... v ....... , ....... ~o a Pool Operator's Cenificate shall be made ~d filed with the Health Dep~ent. ~ Health Dep~ent shall prescfib~ th~ fo~ of application ~d m~ such investigation concerning all applications filed as it shall deem necess~. (b) !~'a~ce ofPe~its: A ~ Pool Operator's Ceaificate ~ ~ shall be issued by the Health Dep~ent to all applic~ts who shall first present e~dence of satisfacto~ completion of ~ approved co~se ~ ~e c~e, mainten~ce ~d operation of public swiping pools. A ~enW doll,s ($20.00) fee shall be charged for the issuance of each Pool Operator's Certificate. (c) Upon pa~ent of a fee of *~. ~. n~"~~..~ o ~. te ~. 0.00) ~enW doll.s ($20.00). ~y applie~t may elect to challenge the final exmination ~stead of completing the co.se. If the exmination is passed, a ~ Pool Operator's Certificate ~ shall be issued wit~zut 5'~er fez. If the ex.nation is f~led, the comse must be completed before re-ex.nation ~ .~ c~ ~o~ :~ mt~ ~d the course fee must be paid ~e Pool Operator's Certificate will be valid for t~ee (3) years and may be reissued upon pament of~ additional fee of~enW dollars ($20.00). Certificates valid on the effective date of this Ordinance will remain valid until September 30,2001. Words underlined are added; Words ...... t~rc,~:g~ arc deleted 4 (d) A taem~ Pool Operator's Certificate ~ issued pursuant to Section t-14 THREE (b) of this Ordinance shall be valid for the time periods specified in subsection (c) above unless sooner revoked for cause by the Health Department. Continued violation of any provision of the Florida Administrative Code, Chapter ! OD 5 64E-9, as amended, shall be prima facie grounds for revocation of the ~ Pool Operator's Certificate ~. The ~ Certificate may be declared invalid if the holder does not attend a refresher course as prescribed by the Health Department. Such refresher courses shall not be required more frequently ~ than annually. (e) Pro-Asie, na! Permits: In lieu of a P-emfit Pool Operator's Certificate ~, a provisional pemfit Certificate will be issued for an individual on registration for the course er 11'1~'~;1 ..... !~.~ I~,, ,h,~ D~pamnem. This pemait provisional Certificate will be valid until the date of satisfactory_ completion of the course, or for six (6) months, whichever occurs first. dollars ($50.00) nmy shall be charged by the Health Department for all of the following: the course processing applications, issuing a ~ Certificate, conducting and ..... o~,vv,j..,o supplying the required educational materials. Words underlined are added; Words ..... t..~ ..... ~. ............. ~,. are deleted 5 SECTION IV. FOUR. VI©LAT!©HS: SWIMMING POOL WATER QUALITY. (a) The Health Department will conduct unannounced inspections of public swimming pools (including water sampling) at least two (2) times per year but not more frequently than four (4) times per year for each pool. Each water sample shall be analyzed for bacterial contamination. Upon a positive reading of the sample, the pool owner or owner's representative will be notified of the positive reading. The swimming pool and adjacent areas shall be immediately posted as being "closed" and shall remain closed until completion of the then required superchlorination procedures. (b) In the event of fecal contamination of any pool water, the Health Department must be notified immediately by the staff of the swimming pool; and the pool and adiacent area shall immediately be posted as "closed." All solids must be removed; filters must be backwashed and be thoroughly cleaned, and the pool shall be superchlorinated to 20 parts per million. The chlorine level shall be checked to assure that it meets the then applicable minimtun standards before the pool is reopened. (-b) (c) Any pool, on inspection, that is found to be in violation of the Florida Administrative Code, Chapter ! OD 5 64E-9, or that is creating a ~ public health hazard shall be closed by the Health Department until corrections are made and such corrections are verified by a re-inspection. Words underlined are added; Words :track ..,rzug.. are deleted 6 (d) A fee of one hundred and eigh _ty dollars ($180.00) shall be charged annually by the Health Department for the above-specified pool water sampling and analysis. SECTION FIVE. PLUMBING INSPECTIONS. (a) A Health Department engineer shall perform inspections on the plumbing for each planned public swimming pool to vefi~ compliance with the approved engineered plans related thereto. Upon completion of the plumbing installation, the pool contractor must contact the Health Department's Engineer for inspection before hydraulically compacting the backfill around the pool. (b) A fee of fifty dollars ($50.00) shall be charged by the Health Department for each such plumbing inspection. When compliance with the inspection has been established, the Health Department will issue written confirmation of same as no extra charge. SECTION IV. SIX. VIOLATIONS: (a) Violation of any of the provisions of this Ordinance may s~all be punished as provided by law. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such thereafter. (b) It shall be a violation of this Ordinance to commence any construction, modification, or re-surfacing of a public swimming pool or any adjacent deck adjacent without obtaining prior written approval to do so fi.om the Health Depamnent. Words underllned are added; Words :track t~roug~ are deleted (c) Each spa located within a pool/spa combination and the pool having a water capacity of 25,000 gallons or more, or where the pool is within (or is a component part of) transient lodging, shall comply with Subsection 64E-9.010, Florida Administrative Code, as now exists or amended hereafter (or its successor in function) which now reads: "Oxidation reduction potential" (ORP) controllers shall be provided on spa pools to assist in maintaining proper disinfection levels." Such ORP/PH controllers must be installed by or on behalf of the pool owner (at no cost to the Coun _ty] within one (1) year following the effective date of this Ordinance. (d) Each public pool owner who applies for exempt status for construction must submit (to the Health Department) performance based plans to prove that the proposed pool will not manifest a direct main drain suction condition. Hand feeding chlorine into a public pool shall not be any substitute for an automated chlorination system. A final inspection will be required to veil _fy compliance with this requirement. A fee of fifty ($50.00) shall be charged by the Health Department for performance plans review and the final inspection. (e) A civil fine of five hundred dollars ($500.00) shall be paid for each first violation of any provision of this Ordinance. A fine of one thousand dollars ($1,000) shall be paid for a second violation of this Ordinance by the same pool facility within any three hundred and sixty (360) days of the effective date of the first violation. In addition, enforcement of this Ordinance may be accomplished by applying Section 1-6 of the Collier County Codes of Ordinances, Words underlined are added; Words ..... t~ o. ..... ~ ............ ~,.. are deleted 8 SECTION SEVEN. FEES. Fees specified in this Ordinance may be revised from time-to-time by Resolution of the Board of County Commissioners. SECTION TWO. INCLUSION INTO THE CODE OF LAWS AND ORDINANCES. The provision of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re-lettered to accomplish such, the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FOUR. EFFECTIVE DATE This Ordinance shall take effect upon receipt of notice that it has been filed with the Secretary of State. Words underlined are added; Words :'.ruc!: '.~m:lgh are deleted 9 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this/~';ct., day of ,1999. Attest is to Chalk's $1Qaat~e o~15. Approved as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney Swimming Pool Ord. ov coum¥ covnvnss o E ,,a, COLL~ BY:UPA~ EL6/A ~. MAC'~IE, Chai/-woman This ordinance filed with the ,ecretary of..~tate's Office the day of ~-,-, \~{1~_ {and acknowledgement of that filirm received this ~ ~y Words underlined are added; Words :~.:':k ~&reugk are deleted 10 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-65 Which was adopted by the Board of County Commissioners on the 14th day of September, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of september, 1999. DWIGHT E. BROCK Clerk of Courts and Ex-officio to Board County Commissioners By: Ellle Hof fman, Deputy Clerk