§ 9.48.150. Inspection.

A.

The director, or designated representative, may enter any facility at reasonable times to inspect, enforce or investigate any unsafe condition or violation, or to perform any duty imposed under this chapter or chapter 5.32. The inspection may be conducted regardless of whether a previous inspection revealed compliance. If such facility is occupied, the director shall first present proper credentials and request entry permission. If unoccupied, the director shall make an effort to locate the owner or other person responsible for the premises to request entry permission.

B.

If such entry is denied or permission cannot be obtained, the director shall have recourse to every remedy provided by law to secure entry.

C.

When the director obtains a legal inspection warrant or other remedy to secure entry, the owner, occupant or person having charge, care or control of the building or premises shall, upon a proper request, promptly permit the director entrance to inspect and investigate pursuant to this chapter. Failure to grant access shall constitute a violation of this chapter.

D.

For public swimming pools or public spas in violation of this chapter, the director of the department of environmental services shall issue a correction notice to the owner or operator regarding the violation(s). The owner or operator receiving a correction notice shall promptly remedy the violation, ask for a re-inspection by the director of the department of environmental services, and pay the re-inspection fee identified in the adopted budget resolution for the current fiscal year or other appropriately adopted resolution by the city council.

1.

For public swimming pools or public spas that are applying for a business license or a renewal license, a license shall not be issued or renewed and the facility shall not be used until the violation(s) have been satisfactorily corrected and approved by the director of the department of environmental services and all fees have been paid.

2.

A re-inspection fee shall be paid for each re-inspection performed by the director of the department of environmental services. Such fees shall be paid prior to the scheduled date of re-inspection.

E.

The director shall provide written notice or copy of the inspection report to the owner or person in charge of the public swimming pool or public spa when a violation of any provision of this chapter is determined. Such notice or report shall include:

1.

Name and address of the pool or spa;

2.

Description of each violation; and

3.

A specific, reasonable time period for correction of each violation as defined by the following categories:

a.

Category A violation — 24 hours to remedy violation.

i.

The water clarity is such that a five-inch diameter black circle on a white field cannot be seen at the deepest part of the public swimming pool or public spa.

ii.

The pH in a public swimming pool or public spa is less than seven or greater than seven and eight tenths.

iii.

The free available chlorine (residual) in a public swimming pool is less than one part per million (ppm) or greater than eight ppm; or the free available chlorine (residual) in a public spa is less than two ppm or greater than eight ppm.

iv.

The public spa temperature is greater than one hundred four degrees Fahrenheit.

v.

The public swimming pool temperature is greater than ninety-eight degrees Fahrenheit.

vi.

The suction outlet or main drain suction cover of a public swimming pool or public spa is missing, loose or broken.

vii.

The safety vacuum release system, automatic pump shutoff system, and/or anti-entrapment devices are missing or non-operational.

b.

Category B violation — 7 calendar days to remedy violation.

i.

Missing or non-functional safety equipment.

ii.

Failure to comply with depth marker requirements.

iii.

Failure to maintain proper documentation or daily log.

iv.

Inadequate or improper signage.

c.

Category C violation — 30 calendar days to remedy violation.

i.

Failure to comply with enclosure requirements.

ii.

Failure to comply with water and sewer system requirements.

iii.

Failure to comply with electrical requirements.

iv.

Failure to comply with mechanical ventilation requirements.

v.

Failure to provide an operating phone located within 200 feet of pool or spa.

4.

A statement that the license is subject to suspension or revocation and that legal action may be taken for failure to comply with the notice;

5.

A statement that the person receiving the notice may appeal by following the procedures provided in this chapter.

(Ord. 16812 §§ 3 (part), 43 (part), 2007; Ord. 15238 § 1 (part), 2002)

(Ord. No. 17272, § 8, 1-26-2010)