ORDINANCE NO. 050232
Amending Chapter 78 of the Code
of Ordinances, entitled Water, by repealing Article III therein, entitled
Swimming and Bathing Facilities, consisting of Sections 78-171 through
78-209, and enacting in lieu thereof a new Article III of like title and
consisting of new sections 78-171 through 78-240 pertaining to the regulation
of swimming and bathing facilities, establishing new fees and clarifying
procedures of inspection, suspension and revocation of operating permits.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 78 of the Code of Ordinances, entitled Water, is hereby amended by
repealing Article III therein, entitled Swimming and Bathing Facilities,
consisting of Sections 78-171 through 78-209 inclusive, and enacting in lieu
thereof a new Article III of like title and consisting of new Sections 78-171
through 78-240 inclusive, said Article and Sections to read as follows:
ARTICLE III.
SWIMMING AND BATHING FACILITIES
DIVISION 1. GENERALLY
Sec. 78-171. Scope, purpose
and intent of article.
(a) The scope,
purpose and intent of this article is to provide a uniform set of rules and
regulations governing and controlling swimming and bathing facilities, to
provide a guide for the licensing of existing and new swimming pools,
special-purpose facilities and natural bathing places, as defined in this
article, and to regulate the construction, reconstruction, maintenance,
operation and repair of swimming pools, special-purpose facilities and natural
bathing places within the city.
(b) This
article includes rules and regulations for water safety, health and sanitation.
(c) This article
includes technical requirements pertaining to such facilities, but there is
also vested in the director power and authority to make such specific
requirements for each permit holder as in his judgment and discretion are just
and reasonable.
(d) The
provisions of this article shall be in addition to existing laws and
ordinances, and any owner or operator of any and all bathing facilities shall
be required to comply with all of such provisions.
(e) This article is
not intended to include and regulate single-family residential swimming pools
or pools similarly situated.
Sec. 78-172. Definitions.
The following words,
terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different
meaning:
Bathing facility
includes, generally, any swimming pool, special-purpose facility or natural
bathing place as defined in this section.
Director means
the director of the city department of health or his designee.
Lifeguard
means a person who is 16 years of age or older and who meets the qualifications
prescribed in this article, whose sole function and duty is to supervise those
persons utilizing water facilities and to be able to render any assistance to
persons in distress in the water or in the immediately adjacent water area, and
who holds a current certificate in lifesaving from an accredited organization
approved by the director.
Natural bathing
place includes such places as ponds, rivers, lakes, springs or such other
places in which water cleanliness is dependent upon natural flow or upon wind
or wave action, and where the place is used or operated as a swimming pool or
bathing facility, either for profit, not for profit or for public recreational
purposes.
Operating permit
means the permit issued by the director to either construct, reconstruct,
maintain, operate or repair a swimming pool, special-purpose pool or natural bathing
place, as defined and set forth in the particular conditions and requirements
for each applicant thereof where found necessary and justified in the
discretion of the director, in accordance with his rules and regulations.
Seasonal permits
are operating permits issued for any swimming pool, special-purpose facility or
natural bathing place that is in operation for less than 7 months of the
calendar year.
Special-purpose
facility includes the term in its ordinary sense and meaning, and also any
therapeutic pools, water slides, treatment pools, spas, hot tubs and
special-purpose pools for water therapy, that are not drained after each use,
whether they are operated or managed on a profit or not-for-profit basis,
associated with or separate from public facilities or utilized for public
recreational purposes.
Swimming pool
includes the term in its ordinary sense and meaning, and also any and all
wading pools, spray pools, private pools, semiprivate pools, club pools, public
pools or any other artificial bathing place where such could be reasonably so
denominated, but not exclusive thereof, whether they are operated or managed on
a profit or not-for-profit basis, or for public recreational purposes.
Yearly permits are
operating permits issued for any swimming pool, special-purpose facility or
natural bathing place that is in operation for more than 7 months of the
calendar year.
Sec. 78-173. Duties of
director.
The director shall
have the duty and responsibility of enforcing the provisions of this article
and the rules and regulations promulgated by him as authorized by section
78-174, or any amendments in requirements or conditions of any permit issued
under this article; and, in addition thereto, he or she shall keep records of
all operating permits issued or renewed and any changes thereof, prepare a form
of application for such permit, cause an inspection of the premises to be made
at any reasonable time of any permit holder, make any amendments to the
conditions and requirements either before or after an operating permit is
issued, or do any other matter or thing necessary to carry out the intent,
purpose and scope of this article and the rules and regulations promulgated
under this article.
Sec. 78-174. Authority to
prescribe additional rules and regulations.
(a) Scope of
authority. The director shall formulate rules and regulations for
implementing the provisions of this article, and such rules shall include any
and all requirements for lifeguards. Such rules and regulations shall be filed
with the city clerk, and, when so filed, shall be in effect as part of this
article. Such rules may be modified or superseded by other rules and
regulations filed by the director from time to time.
(b) Scope of regulations. The director shall have power and
authority to make provision in such rules and regulations for health, sanitation
and adequate water safety as such rules and regulations may appertain to each
and every holder of a permit under this article; and such provisions,
conditions or requirements shall be subject to modification, deletions,
additions or other change or alteration as to any holder of a permit as the
director may find and determine at any time.
Sec. 78-17578-179. Reserved.
DIVISION 2.
OPERATING PERMITS
Sec. 78-180. Required.
(a) All persons,
firms, partnerships, corporations and associations, either for profit or
nonprofit, now or hereafter owning, operating or managing a swimming pool or
natural bathing place or other like facility, as defined in section 78-172,
shall obtain an operating permit for each such facility from the director. The permit
shall be issued only after an application has been submitted and approved by
the director on forms to be furnished by him or her. Permits are not
transferable with any changes in ownership.
(b) A
construction permit shall be required in addition to any and all other
requirements made under law or ordinance in those instances where there is
initial construction, reconstruction or repair of any bathing facility, whether
or not an operating permit has been issued for the bathing facility.
Sec. 78-181. Conditions.
No operating permit
shall be issued by the director until the applicant therefore has complied with
the rules and regulations promulgated by the director and all provisions of
this article. The director is authorized and directed to endorse on the
operating permit such conditions and requirements which in his best judgment
and discretion are necessary for the protection of the health and safety of the
persons utilizing such swimming pool or bathing facility. Such conditions and requirements
shall conform as closely as possible to the rules and regulations promulgated
by the director. Such rules and regulations shall not be so strictly construed
to operate hardship upon any applicant; but the director shall have discretion
to prescribe reasonable conditions and requirements to carry out the scope,
purpose and intent of this article.
Sec. 78-182. Application;
fees.
(a) Contents of
application. Before any permit shall be issued, all persons now or
hereafter owning, operating or managing a bathing facility shall complete an
application for an operating permit on forms furnished by the director. The
application shall show the location, operation, specifications and such other
information of the existing or proposed bathing facility as may be required by
the director.
(b) Investigation
of facility. Upon receipt of an application, the director shall cause an
investigation to be made of the existing facility, or the plans and
specifications of a proposed facility, to determine if such applicant meets the
requirements of this article and the rules and regulations promulgated under
this article.
(c) Application
fee. A fee of $50.00 shall accompany the initial application and also any
instance where a permit holder may thereafter apply to the director for a
modification of the particular requirements and conditions embodied in such
permit.
(d) Fees
generally. Fees shall be based upon the following classification of bathing
facility and whether the bathing facility is operational seasonally or yearly,
as defined in Sec.-172. Classes of pools shall be as follows:
Class I - Municipal,
community, athletic clubs or swimming clubs, country clubs, public and private
schools and various camp and day care pools. Natural bathing places shall be
in this class but are exempt from disinfectant levels. Class I pools shall not
have a mandatory closing time.
Class II - Pools not
meeting the supervision requirements shall be included within this class, i.e.
hotels, motels, apartment complexes, condominiums, and multiple-housing units.
Except with special permission, Class II pools must close at 10:00pm. No children under the age of 12 are allowed in the pool without a responsible person of
the age 16 or older.
Class III - All baby
pools or wading pools with a maximum depth of two (2) feet.
Class IV - Special
Purpose Facilities - Hot tubs, spas, whirlpools or any pools operated for
medical treatment, that are not drained after each use.
The following schedule prescribes
applicable fees for permits described in this article and the effective dates
of such fees:
|
Class
|
Type
|
Current
Fee
|
Permit
Year 2006
|
Permit
Year 2007 and Forward
|
|
Class I
|
Yearly
|
$400
|
$475
|
$550
|
|
Class I
|
Seasonal
|
$250
|
$300
|
$350
|
|
Class II
|
Yearly
|
$400
|
$475
|
$550
|
|
Class II
|
Seasonal
|
$250
|
$300
|
$350
|
|
Class III
|
Yearly
|
$170
|
$210
|
$250
|
|
Class III
|
Seasonal
|
$170
|
$185
|
$200
|
|
Class IV
|
Yearly
|
$170
|
$210
|
$250
|
|
Class IV
|
Seasonal
|
$170
|
$185
|
$200
|
(e) Reinstatement
fee. In addition to other fees established herein, there shall be a fee of
$50.00 for the reinstatement of any permits that have been suspended or
revoked.
(f)
Adjustment of fees. The director shall have
the authority to adjust the above-listed fees annually to reflect the change in
the consumer price index (all items/all urban consumers/Kansas City, Missouri
Kansas) published by the United States Department of Labor, Bureau of Labor
Statistics. The costs of issuance and inspections of permits may be increased
by the CPI Index indicated above.
Sec. 78-183. Amendment of
requirements; Notice and review.
(a) Authority of
director. The director is authorized, upon proper showing, to amend the
requirements and conditions set forth in any permit issued under this division
upon proper application of any holder of an operating permit.
(b)
Notice to permit holder. Before the director shall cause an
amendment in the conditions and requirements in any permit or renewal thereof
to be made, he or she shall cause a notice to be given to such permit holder at
least ten days before he amends such permit, stating therein the nature of the
action he proposes to take with regard to the conditions and requirements of
such permit.
(c) Right to review. If such permit holder is aggrieved by the
proposed action of the director, he shall have the right to a hearing thereon
before the director of health, and have a transcript thereof made and a
decision rendered thereon, which shall constitute the amended permit. A request
for hearing by the permit holder shall be made in writing and delivered to the
director of health within five days after receipt of the notice of proposed
amendment, and shall state the grounds upon which objection to the proposed
amendment of the director is made. If such permit holder is still aggrieved by
the action of the director, then a judicial review of such decision may be had
in the circuit court of the county wherein such bathing facility is situated.
Sec. 78-184. Duties of permit
holder.
All holders of
operating permits issued under this division shall comply with all provisions
of this article, and the rules and regulations promulgated by the director, as
such provisions, rules and regulations may be amended from time to time, and
also each and every condition and requirement endorsed upon such permit or any
renewal thereof issued under this division, as such conditions and requirements
may be amended by the director as provided in section 78-183.
Sec. 78-185Sec.78-199. Reserved.
DIVISION 3.
ENFORCEMENT AND RIGHTS
Sec. 78-200. Inspections required.
The director
shall cause periodic inspections to be made of all swimming pools,
special-purpose facilities and natural bathing places regulated under this
article to ensure that the holder of the operating permit issued under this
article is complying with the provisions of this article, the rules and
regulations promulgated by the director, as they may be amended from time to
time, and the conditions and requirements set forth in the operating permit
issued for the particular facility for which the operating permit was issued or
renewed.
Sec. 78-201.
Non-health-hazardous or life-threatening violations; opportunity to
correct.
During an inspection,
if a health officer discovers that a permit holder has failed to comply with
this article or the rules and regulations established by the director, and the
violation is not life-threatening or a potentially serious health hazard, he or
she shall:
1.
Inform the permit holder, his agent, servant or employee in writing that
a violation exists;
2.
Allow the permit holder an opportunity to correct the violation within a
reasonable period of time, as determined by the director; and
3.
Re-inspect the swimming pool, special-purpose facility or natural
bathing place to determine if the violation still exists.
Sec. 78-202. Same--Notice of
Hearing for Suspension or Revocation.
If the director
finds the permit holder still in violation upon re-inspection pursuant to Sec.
78-201, he shall notify the permit holder in writing of his intention to
suspend or revoke the permit and allow the permit holder an opportunity for a
hearing. Such notice shall be sent to the permit holder at least 5 days before
such hearing and shall include the date, time and location of the hearing.
Sec. 78-203. SameHearings;
Record of proceedings; Failure to appear.
a)
Hearings. The director shall conduct hearings pursuant to Sec.
78-202 to determine if a suspension or revocation shall take effect. The
permit holder shall be allowed to show cause why such action should not be
taken.
b)
Record of proceedings. The director shall cause to be made a
true and accurate transcript of such proceedings, and any appeal or review
thereof by such permit holder shall be taken in accordance with the law.
c)
Action by director. After any hearing shall be concluded, the
director shall make findings of fact and conclusions of law upon which his or
her decision shall be based. Such conclusions may result in either no action
taken due to no violation, suspension or revocation.
d)
Automatic suspension. Failure of a permit holder to appear at
the hearing shall result in automatic suspension of the permit.
Sec. 78-204.
SameSuspensions; Reinstatements of permits; Length of suspension.
(a)
After a hearing, if the director finds the permit holder to be in
violation of this article or the rules and regulations and suspends the permit,
the permit holder shall lock, secure or close the area of violation and post a
sign indicating that the bathing facility is closed for maintenance or is
temporarily out of service.
(b)
Failure of the permit holder to lock, close, or secure the bathing
facility and maintain such signage during suspension may result in revocation
of the permit.
(c)
If the permit holder has corrected the violation during a period of
suspension, he or she shall notify the director of the intention to have the
permit reinstated.
(d)
The director shall re-inspect the premises. If the violation no longer
exists, the director or health officer will leave written notification that the
permit has been reinstated. Such notice shall also notify the permit holder
that the closure signage may be removed and the bathing facility may once again
operate.
(e)
The director shall charge a reinstatement fee of $50.00 whenever a
suspended permit is reinstated upon a re-inspection, as stated in Section
78-128(e).
(f)
Suspensions in effect longer than 90 days shall result in a revocation.
Sec. 78-205. SameRevocations.
If the
director decides to revoke a permit after a hearing or pursuant to Sec.
78-204(b) or 78-204(f), such bathing facility shall not remain in operation and
shall be secured in a fashion deemed necessary by the director.
Sec. 78-206. Health-hazardous
or life-threatening violations; opportunity to correct.
During an inspection,
if a health officer discovers that a permit holder has failed to comply with
this article or the rules and regulations established by the director, and the
violation is life-threatening or a potentially serious health hazard, he or she
shall:
1. Immediately lock, secure or close the area of violation and
post a sign indicating that the bathing facility is closed for maintenance or
is temporarily out of service.
2. Inform the permit holder or his agent, servant or employee in
writing that a violation exists;
3. Allow the permit holder an opportunity to correct the
violation within a reasonable period of time, as determined by the director; and
4. Re-inspect the swimming pool, special-purpose facility or
natural bathing place to determine if the violation still exists.
Sec. 78-207. Same--Notice of
Hearing for Suspension or Revocation.
If the director
finds the permit holder still in violation upon re-inspection pursuant to Sec.
78-206, he shall notify the permit holder in writing of his intention to
suspend or revoke the permit and allow the permit holder an opportunity for a
hearing. Such notice shall be sent to the permit holder at least 5 days before
such hearing and shall include the date, time and location of the hearing.
Sec. 78-208. SameHearings;
record of proceedings; Failure to appear.
a)
Hearings. The director shall conduct hearings pursuant to Sec.
78-207 to determine if a suspension or revocation shall take effect. The
permit holder shall be allowed to show cause why such action should not be
taken.
b)
Record of proceedings. The director shall cause to be made a
true and accurate transcript of such proceedings, and any appeal or review
thereof by such permit holder shall be taken in accordance with the law.
c)
Action by director. After any hearing shall be concluded, the
director shall make findings of fact and conclusions of law upon which his or
her decision shall be based. Such conclusions may result in either no action
taken due to no violation, suspension or revocation.
d)
Automatic suspension. Failure of a permit holder to appear at
the hearing shall result in automatic suspension of the permit.
Sec. 78-209.
SameSuspensions; Reinstatements of permits; Length of suspension.
(a)
After a hearing, if the director finds the permit holder to be in
violation of this article or the rules and regulations and suspends the permit,
he shall make an order that the area or facility in violation remain locked,
secured or closed and that signs indicating the bathing facility is closed for
maintenance or is temporarily out of service remain in place during the period
of suspension.
(b)
Failure of the permit holder to lock, close or secure the bathing
facility and maintain such signage during suspension may result in revocation
of the permit.
(c)
If the permit holder has corrected the violation during a period of
suspension, he or she shall notify the director of his intention to have the
permit reinstated.
(d)
The director shall re-inspect the premises. If the violation no longer
exists, the director or health officer will leave written notification that the
permit has been reinstated. Such notice shall also notify the permit holder
that the closure signage may be removed and the bathing facility may once again
be in operation.
(e)
The director shall charge a reinstatement fee of $50.00 whenever a
suspended permit is reinstated upon a re-inspection, as stated in Section
78-182(e).
(f)
Suspensions in effect longer than 90 days shall result in a revocation.
Sec. 78-210.
SameRevocations.
If the
director decides to revoke a permit after a hearing or pursuant to Sec.
78-209(b) or 78-209(f), such bathing facility shall not remain in operation and
shall be secured in a fashion deemed satisfactory by the director.
Sec. 78-211. Violations generally;
penalty; failure to obtain permit or renew.
(a) Any
person violating any provision of this article, the rules and regulations of
the director, or the conditions and requirements contained in the operating
permit, as any or all of such provisions, rules, regulations, conditions or
requirements may be amended, shall be deemed guilty of an ordinance violation,
and upon conviction thereof shall be punished as provided in Section 1-17.
Such violations apply to actions or inactions taken by the permit holder, his
agents, servants or employees.
(b) Failure
of any person to obtain an operating permit or keep the permit in force and
effect by proper renewal thereof, where an operating permit is required, shall
constitute a violation of this article.
(c) Where
the permit holder is a corporation or other association authorized by law to
act only through an officer thereof, the officers executing the application or
their successors shall be the responsible person subject to the penalties set
forth in this section for the violation of this article.
Sec. 78-212. Appeal .
Any permit
holder aggrieved by an adverse ruling or decision by the director may have the
ruling or decision reviewed by any means authorized by law, and such review
shall begin in the first instance of the circuit court of the county in which
the bathing facility is situated.
Sec. 78-21378-240. Reserved.
___________________________________________
Approved
as to form and legality:
_______________________________
Joseph
A. Guarino
Assistant City Attorney