Prior to the adoption of Ord. 16334 on 02/07/2000, Section 11-278 read as follows.

    Every person owning, operating or maintaining a swimming pool, shall be required to hold an unrevoked operating permit from the director, such permit to be issued annually upon application and after certification by the director to the effect that all requirements of this article and the rules and regulations of the health department regarding safety and sanitation have been complied with. If the application is denied, the applicant shall have the right of appeal to the city council.

    (a)  Every person owning, operating or maintaining a Class A, B, C, E or F swimming pool in the city of Columbia shall be required to hold a valid operating permit from the health department.  The permit will be issued annually upon application and after certification by the health department that all requirements of this article and the rules and regulations of the health department regarding safety and sanitation have been complied with.

    (b) If the application for an operating permit is denied, the health department shall notify the applicant in writing of the reasons for the denial and of the right to appeal.  The applicant, within ten days of the denial of the permit, may appeal the denial by filing a written request for a hearing before the director.

    (c)    If the director determines that a violation of this article or a rule or regulation established under this article is a substantial health or safety hazard, the director may immediately revoke the operating permit and all use of the swimming pool shall be immediately discontinued.  Any person to whom such an order is issued shall comply immediately, but upon written petition to the director, shall be afforded a hearing on the revocation within five days.

    (d)    Any person whose permit has been revoked, may, at any time, make application for reinspection for the purpose of reinstatement of the permit.  Within five business days following the receipt of a written request, the swimming pool shall be reinspected.  If the swimming pool is in compliance with the requirements of this article and the rules and regulation established under this article, the permit shall be reinstated.

    (e)    The hearings provided for in this section shall be conducted by the director in accordance with the requirements of Chapter 536, Revised Statutes of Missouri.  Appeals may be made to the circuit court in accordance with the requirements of Chapter 536, Revised Statutes of Missouri.




(Code 1964, § 10.10140)