Section 101-052 Ord. 16334; Amending Chapter 11 RE: Swimming Pools; Adopting "City of Columbia Guide for Swimming Pool Design and Operation"

amending Chapter 11 of the City Code as it relates to swimming pools; adopting the “City of Columbia Guide for Swimming Pool Design and Operation”; and specifying when this ordinance shall take effect.

SECTION 1. Chapter 11 of the Code of Ordinances of the City of Columbia, Missouri, is amended by repealing Article VIII and enacting a new Article VIII as follows:

Spa. A spa is a swimming pool designed for recreational or therapeutic use of heated water and not to be drained, cleaned, and refilled for each individual. A spa may include hydrojet circulation, mineral baths and an air induction system. A pool used under direct supervision of qualified medical personnel is not a spa.

Swimming pool. Any artificial basin of water which has been wholly designed, modified, improved, constructed or installed solely for the purpose of swimming, wading or immersion.

(B) Class B swimming pool is a swimming pool operated by a hotel, motel, community association, apartment complex or similar entity which serves merely as an additional service for patrons or residents and which is not otherwise classified as Class C.

(F) Class F swimming pool is a special purpose pool that has a special use or design such as a wave pool, wading pool, zero-depth entry pool and pool with a water slide.

The “City of Columbia Guide for Swimming Pool Design and Operation,” 2000 Edition, adopted by the city council on February 7, 2000, is made a part of this Code as fully as if set forth in its entirety. Copies of the guide shall remain on file in the office of the city clerk and in the office of the director and shall be available for public use, inspection and examination.

(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.

(a) Removable ladders. A Class D pool which is designed with a removable ladder shall have the ladder removed when the pool is unattended. A Class D pool which has a safety ladder designed to swing upward and lock into place shall be locked into place when the pool is unattended.

(c) Lifeguard. Each Class A, C and F swimming pool shall have at least one lifeguard on duty. The total number of lifeguards shall be based on anticipated usage and design characteristics. Lifeguard requirements for Class C pools shall not apply for lap swimming, athletic competition, organized classes and for other activities specified by the director which are supervised by appropriate staff members. Lifeguards shall have completed a nationally recognized lifeguarding course. All lifeguards or instructors on duty must be physically able and fit to rescue any bather in danger of drowning. Lifeguards shall be in the pool area when the pool is open to persons other than residents of a hotel, motel, apartment building or multiple-family dwelling.

(d) Rules of conduct. Each Class A, B, C, E and F swimming pool shall have posted rules for the conduct of bathers to minimize danger of injury to persons using the pool. All such rules shall be approved by the health department.

(e) “ Swim at Own Risk” sign. Each Class B swimming pool shall, when a lifeguard is not on duty, have conspicuously posted at the entrances to the pool a sign with letters not less than two inches in height reading “No Lifeguard on Duty - Swim at Own Risk.”

(f) Toilet and Shower Facilities. Each person owning or operating a Class C pool shall provide toilet and shower facilities for nonresident swimming pool users.

(a) The director of health services shall have the authority to make rules and regulations to ensure safe and sanitary operation of swimming pools. The health department shall inspect all class A, B, C, E and F swimming pools regularly. If a swimming pool owner or operator does not consent to a health department inspection of the swimming pool facilities, the health department code enforcement official shall make application for a warrant pursuant to chapter 15 of this Code.

(b) The director may permit other protective devices or structures to be used instead of the fencing, gates, doors and latches required by this article if the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the fence, gate, door and latch required by this article.

Any person who violates any provision of this article or of the City of Columbia Guide for Swimming Pool Design and Operation shall be guilty of a misdemeanor punishable by a fine of not more than $500 or by imprisonment not exceeding three months or by both such fine and imprisonment. Each day that a violation continues is a separate offense.

SECTION 2. The City Council adopts the “City of Columbia Guide for Swimming Pool Design and Operation,” 2000 Edition, a copy of which, marked “Exhibit A,” is attached to this ordinance.