Ordinance 77-51ORDINANCE NO. ??- 51
AN ORDINANCE RELATING TO THE CONDITION OF
PUBLIC SWIMMING POOLS AND TEE COHPETENCE
OF POOL SEf'.VICE AND MAINTENANCE PERSONNEL;
INCORPORATING CHAPTER 10D-5 OF THE FLORIDA
ADHINISTRATIVE CODE; REQUIRING A PERMIT TO
OPERATE; PROVIDING PROCEDURES FOR OBTAINING
AND FOR REVOKING PERMITS; PROVIDING PENALTIES
FOR VIOLATION; PROVIDING FOR REPEAL OF CON-
FLICTING ORDINANCES; AND PROVIDING AN EFFEC-
TIVE DATE.
BE IT ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA that:
SECTION I. REGULATIONS INCORPORATED BY REFERENCE
AND DEFINITIONS:
(a) The provisions and definitions of
Chapter 10D-5 of the Florida Administrative Code in
effect on the date of passage of this Ordinance which
regulates swimming pools and bathing places are in-
corporated by reference in this Ordinance as though
set out fully herein.
(b) For the purpose of this Ordinance, the
following terms are defined:
1. The term "Health Department" shall
mean the Collier County Health Departmgnt, ~
subdivision of the State Department of Hea....~ ~
and Rehabilitative Services. '-~
2. The term "Public Swiv~ning Pool" shall
mean any swimming pool together with buildings
and appurtenances used in connection therewith,
that is used by three (3) or more families in
Joint tenancy or any type of cooperative housing
including motels and hotels, or where the public
is allowed to swim.
3. The term "course" shall mean a course
of study in the care, maintenance and op~ation
of swimming pools as approved by the He.
Department.
SECTION II. .REQUIREMENT OF PERMIT TO OPERATE:
From the effective date of this Ordinance, it shall be
unlawful for any person, corporation, partnership, associa-
tion or other legal entity to operate and maintain a public
swimming pool unless and until some person directly respon-
sible for the maintenance and care of such swimminE pool
shall first obtain a Permit to Operate from the Health
Department. The pool shall have daily maintenance.
(a) Pool Service and Maintenance Company
Employees:
All persons engaged in public swimming pool services
or maintenance shall have a Permit to Operate. Pool
service contractors holding a current Certificate of
Competency are excluded from this requirement.
SECTION III. PROCEDURE FOR OBTAINING OPERATING PERMIT
(a) Application: All applications for Operating
Permits shall be made and filed with the Health Depart-
ment. The Health Department shall prescribe the form
of application and make such investigation concerning
all applications filed as it shall deem necessary.
(b) Issuance of Permits: A Permit to Operate
shall be issued by the Health Department to all appli-
cants who shall first present evidence of satisfactory
completion of an approved course in the care, main-
tenance and operation of swimming pools.
(c) Upon payment of a 'fee of Ten Dollars
($10.00), any applicant may elect to challenge
the final examination instead of completing the
course. If the examination is passed, a Permit to
Operate shall be issued without further fee. If
the examination is failed, the course must be
completed before re-examination, and the fee des-
cribed in III(f) must be paid.
(d) Time Limit and Revocation of Permits:
A Permit to Operate issued pursuant to Section III(b)
of this Ordinance shall be valid until revoked for
cause by the Health Department. Continued violation
of any provision of the Florida Administrative Code,
Chapter 10D-5, as amended, shall be deemed prima
facie grounds for revocation of the Permit to Operate.
The Permit may be declared invalid if holder does not
attend refresher courses as prescribed by the Health
Department. Such refresher courses shall not be re-
quired more often than annually.
(e) Provisional Permits: In lieu of a Permit
to Operate, a provisional permit will be issued for
an individual on registration for the course. This
permit will be valid until the date of completion
of the course or until revoked by the Health Department.
(f) Fees: A fee not exceeding twenty dollars
($20.~G) m~y h~ cha~e&b~.tbe .Health .DeRaxtment ........... ,
for processing an application, issuing a Pe~nic and
supplying educational material.
SECTION IV. VIOLATIONS:
(a) Violation of any of the provisions of
this Ordinance shall 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 thereunder. ~
(b) Any pool, on inspection, that is in viola-
tion of Florida Administrative Code, Chapter 10D-5,
or creating a possible health hazard shall be closed
by the Health Department until corrections are made
and such corrections are verified by a re-inspection.
(c) Failure to submit monthly water samples for
bacteriological examination shall be sufficient to
have the pool closed by the Health Department.
007
SECTION V. REPEAL OF CONFLICTING ORDINANCES:
All county ordinances or resolutions in conflict with
any provision contained herein are hereby repealed to the
extent of such conflicts.
SECTION VI. EFFECTIVE DATE.
This Ordinance shall take effect upon receipt of
notice that it has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this 4thday of October ,
1977.
~, '. ~ '..r ' ~ v~' .' ~ .
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,.-,..
BOARD OF COUNTY COMM/SSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and legal
~ Donald A. Pick-pg~th
Collier County~Attorney
STATE UF FLORIDA )
COUNTY OF COLLIER )
I, WI'J~IAM J. REAGAN, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that
the foregoing is a true original of Ordinance No. 77-51 which was
adopted by the Board of County Commissioners during Regular Session.
October 4, 1977.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 5th day of OctoBer, 1977.
WILLIAM J. REASAN
Clerk of Courts and Clerk
County Commi~6,er e*~:'.
This ordinance filed with the Secretary of State's.'"~. ~ .._...'., ......'
office ~he 7th day of October, 1977 and acknowled9- ... ~7~;~,~..
ment of that filin9 received this ll~h day of October,:"..."