Section 1201. - Additions, insertions, deletions, and changes to the "Design Standards and Operational Criteria for Public Bathing Places," adopted by the Oklahoma Board of Health, March 27, 1986, and codified as Chapters 315 and 320 of the Oklahoma Administrative Code.
The following sections of the "Design Standards and Operational Criteria for Public Bathing Places" are revised as follows:
A. Definitions. For the purpose of this code, the following terms, phrases, words and their derivations shall have the meaning given herein; and words used in the masculine gender comprehend as well the feminine gender and neuter:
1. Person shall mean any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, municipality or other legal entity or their representative, agent or assigns.
2. Department shall mean the Oklahoma State Department of Health and shall include the Tulsa City-County Health Department.
3. State Commissioner of Health or Commissioner shall also include the Director of the Tulsa City-County Health Department, or his authorized representative.
4. Director shall mean the Director of the Tulsa City-County Health Department, or his authorized representative.
5. Manager of operations shall mean an individual responsible for water chemistry and water temperatures, recirculation efficiency and maintenance of filtration system, safety and environmental hazards, adequate and proper signs and current records of operation.
6. Seasonal public bathing place shall mean one which is operated only during six (6) calendar months of each year; those operating during the entire year are nonseasonal.
B. Operating a public bathing place.
1. License required. It shall be unlawful for any person to operate or maintain a public bathing place unless he has obtained a license to operate a public bathing place from the Director. Only persons who comply with the provisions of this code shall be entitled to receive and retain such a license. The license shall be posted in a conspicuous place within the confines of the public bathing place.
2. Procedure for obtaining license.
a. Any person desiring to operate a public bathing place shall make written application for a license to the Director on forms provided by the Director, and shall pay a fee for the license of One Hundred Dollars ($100.00) for each seasonal public bathing place or One Hundred Fifty Dollars ($150.00) for a nonseasonal public bathing place.
b. Upon receipt of such an application and fee, the Director shall make an inspection of the facility to determine compliance with the provisions of this code.
c. When the inspection reveals that applicable requirements have been met, a license shall be issued to the applicant by the Director.
d. The Director may, for good cause shown, waive the fee required herein for any governmental agency supported in whole or in part by public funds, but such agency is not exempt from qualifying for and obtaining a license as required by this code.
e. Renewal applications for a license shall be made on or before the first day of July of each year. If a renewal application is not made or if the fee is not paid on or before the first day of August, an additional charge of ten percent (10%) of the fee shall be paid.
f. Applications to operate a new public bathing place shall be made in the same manner as set forth above, excepting that the application, inspection and license fee shall be reduced by one-half (½) if application is made during the period between January 1 and June 30.
3. Duration and non-transferability of license. The license to operate a public bathing place shall not be transferable to other persons or other locations. All licenses, unless otherwise suspended or revoked as provided herein, shall be valid for either the period stated for a seasonal public bathing place or twelve (12) months for a nonseasonal public bathing place.
4. Suspension or revocation of license. The license to operate a public bathing place may be temporarily suspended by the Director without prior warning, notice or hearing, if he has cause to believe that, in his opinion, an imminent public health hazard exists. Any person whose license to operate has been suspended may make written request to the Director within twenty-four (24) hours to determine if the imminent health hazard has been corrected. The Director may permanently revoke the license for serious or repeated violations of this code after the opportunity for a hearing has been provided.
5. License revocation hearing procedure. The license holder shall be served notice in writing by the Director, stating the reasons for which the license shall be permanently revoked at the end of five (5) days following service of such notice, unless a written request for hearing is filed with the Director by the permit holder within such five-day period. Any license holder whose license has been revoked may appeal to the Council of the City of Tulsa, by written notice, postmarked within forty-eight (48) hours after the hearing.
C. Certified manager of operations for a public bathing place.
1. Certification required. It shall be unlawful for any person owning, operating or managing a public bathing place to fail to employ or fail to retain on site at least one (1) certified manager of operations who is full-time supervisory personnel of such establishment and who holds a valid manager of operations certificate issued by the Director. A certified manager of operations must use his certificate only at the site, unless the Director, for good cause shown, grants a waiver of such requirement.
2. Procedure for obtaining certification.
a. Any person desiring to obtain certification as a manager of operations of a public bathing place shall make written application on forms provided by the Director, shall attend and successfully complete either a one-day training course conducted by the Director or another course of instruction approved by the Director. If a person designated by an owner as manager of operations is not certified, he shall attend and successfully complete the next training course conducted after his designation.
b. The certification of a manager of operation shall expire five (5) years from the date of certification, and the manager must repeat and complete the training course to maintain certification. The fee for attending a training course for the purpose of becoming a manager of operations of a public bathing place shall be Forty Dollars ($40.00) and shall be paid to the Director.
c. An administrative fee of Ten Dollars ($10.00) shall be paid for each duplication of a lost certificate.
(Ord. Nos. 17222, 19359)
