HomeMy WebLinkAbout2012-06 •
FEE# 2013002091
OFFICIAL RECORDS
OF MOHAVE COUNTY '��8
CAROL MEIER,
RECORDER
01/11/2013 03:57 PM Fee: $0.00
PAGE: 1 of 6
MOHAVE COUNTY ORDINANCE 2012-06
MOHAVE COUNTY DEPARTMENT OF PUBLIC HEALTH
ENVIRONMENTAL HEALTH DIVISION
AN ORDINANCE PROVIDING REQUIREMENTS FOR SEMI-PUBLIC & PUBLIC
SWIMMING POOLS & BATHING PLACES
WHEREAS,A.R.S. §11-251.17 allows the Mohave County Board of Supervisors to adopt provisions
necessary to preserve the health of the County;and
WHEREAS,the Mohave County Board of Supervisors is further authorized pursuant to A.R.S. §11-251.31
to"Make and enforce all local,police,sanitary and other regulations not in conflict with general law,"and
WHEREAS,the Mohave County Board of Supervisors is required to establish a county department of health
or a public health services district pursuant to A.R.S. §36-182.A,and
WHEREAS,The Director of a county health department is mandated,pursuant to A.R.S. §36-186(5),to
enforce and observe the rules of the Director of the Department of Health Services,the Director of the
Department of Environmental Quality and the local board of health,county rules and regulations concerning
health,and laws of the state pertaining to the preservation of public health and protection of the environment.
WHEREAS,the adoption of this ordinance would benefit the health and welfare of the residents of Mohave
County,
THEREFORE,BE IT RESOLVED that the licensing and sanitation requirements for public and semi-
public swimming pools and bathing places be adopted in the form and manner set forth by the attached
ordinance
PASSED,APPROVED AND ADOPTED by the Board of Supervisors of Mohave County,Arizona the 5th
day of November,2012.
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MOHAVE COUNTY ORDINANCE 2012-06
DEFINITIONS
A. The following definitions shall apply throughout this Ordinance, unless a different
meaning is clearly indicated by the context or is stated in any of the several
sections.
1. "Approved" or"Approval" means acceptable to the Department and so stated
in writing.
2. "Comply" or"Compliance"means meeting the requirements of these rules
and regulations.
3. "Compliance Date"means the date by which the property must meet the
requirements of the rules and regulations.
4. "County"means Mohave County.
5. "Department"means the Mohave County Department of Public Health,
Environmental Health Division.
6. "Director"means Director of the Mohave County Department of Public
Health.
7. "Health Officer"means the Director of the Mohave County Department of
Public Health or his/her authorized representative.
8. "Hearing Officer"means a person appointed by the Director of the Mohave
County Department of Public Health or the Environmental Health Division
manager to conduct a hearing.
9. "Permit"means a stamp, seal, or numbered certificate issued by the
Department.
10. "Permittee"means the person who is responsible to obtain the permit and to
comply with any associated rules and regulations.
11. "Person" includes any natural individual, firm,trust,partnership, association,
institution, public body, corporation, or any other entity and includes the
plural as well as the singular, feminine as well as the masculine.
II. ABBREVIATIONS
ADEQ: Arizona Department of Environmental Quality
ADHS: Arizona Department of Health Services
EHD: Environmental Health Division
MCDPH: Mohave County Department of Public Health
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MOHAVE COUNTY ORDINANCE 2012-06
III. SEMI-PUBLIC & PUBLIC SWIMMING POOLS & BATHING PLACES
A. Permit Required
1. No person shall operate a semi-public or public swimming pool or bathing
place,hereinafter referred to as "pool"without first obtaining a permit from
the Department. The owner, lessee, or operator of each pool in operation upon
the effective date of these regulations shall, if applicable, within ninety days
thereafter obtain a permit and shall comply in all respects with the
requirements of these regulations.
2. An application for a permit to operate a pool shall be made by the owner,
lessee, or operator to the local health department on forms furnished by the
Department. Such forms shall be complete in all details and, in the case of
new pools, or additions and alterations to existing pools, shall include plans
and specifications of the proposed sanitary facilities and any other information
required by the Department.
3. A permit to operate will not be issued until the proposed or existing pool
complies with the provisions of these regulations.
4. The permit shall be posted in a conspicuous place designated by the
Department.
5. A permit may be revoked, denied or suspended by the Department for
violation of any of the terms of these regulations or at any time when, in the
opinion of the Department,the pool has or may become a nuisance to public
health.
6. Permits shall be valid for the calendar year for which they are issued or as
otherwise specified by the Department, and shall be renewed in accordance
with the requirements of the Department. Permits are not refundable and are
not transferable, either from person to person or from one location to another
location.
B. Plan Review
1. No construction on or at a pool shall commence,nor shall any major alteration
or addition be made thereto, until detailed plans and specifications for the
establishment have been submitted to and approved by the ADEQ or other
contracted agency nor shall any construction, alteration or addition be made
except in accordance with approved plans and specifications by the ADEQ or
other contracted agency.
2. When construction is completed, and the Approval of Construction is obtained
from the ADEQ,the applicant will receive an opening inspection from the
Department. If all requirements are met,the permit will be issued to applicant.
3. All requirements of these regulations must be met in order for the permit to be
issued.
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MOHAVE COUNTY ORDINANCE 2012-06
4. No person shall maintain or operate a pool without the written approval of the
Department.
C. Inspection
1. Representatives of the Department shall perform unannounced inspections of
any pool as are necessary to assure compliance with these regulations,but not
less than once each year for a semi-public pool or bathing place and once each
month in operation for a public pool or bathing place.
2. A copy of the report of the inspection shall be furnished to the owner, lessee,
or operator of the pool indicating the degree of compliance or non-compliance
with the provisions of these regulations. Failure to correct any discrepancies
noticed within the time limit specified shall be cause for denial, revocation, or
suspension of the permit to operate.
3. Follow-up inspection fees shall be assessed at the rate approved by the
Mohave County Board of Supervisors in the most current Environmental
Health fee schedule.
IV. REGULATIONS
A. Sanitation regulations shall be adopted by reference from the Arizona
Administrative Code, Title 9, Chapter 8, Article 8 and/or as delegated by the
Arizona Department of Health Services
V. ENFORCEMENT
A. Suspension of Operating Permit
1. In accordance with A.R.S. 36-183.05, if the regulatory authority(hereafter
referred to as MCDPH) finds that an establishment is not in compliance with
the requirements of these regulations,the Director through the county attorney
may file an action in the superior court:
a. For a temporary restraining order, a preliminary or permanent injunction
or any other appropriate relief necessary to enjoin the person from further
violations and to protect public health or the environment.
b. To compel compliance with a nuisance abatement order or a compliance
order, including the collection of civil penalties assessed under that order.
c. For civil penalties of not to exceed one thousand dollars a day but not
more than ten thousand dollars for each violation.
B. Revocation of Operating Permit
1. MCDPH may, after providing opportunity for hearing, revoke a permit for
serious or repeated violations of these regulations.
2. Prior to revocation, and pursuant to A.R.S. 36-183.04, MCDPH shall notify
by a Notice of Violation,the holder of the permit, or the person in charge, of
the specific reason(s) for which the permit is to be revoked unless a written
request for hearing is filed with MCDPH by the holder of the permit within a
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MOHAVE COUNTY ORDINANCE 2012-06
fifteen(15) day period. If a request for a hearing is timely filed,the hearing
shall be held within fifteen(15) days of receipt of the request.
3. If no request for a hearing is filed within the fifteen(15) day period,the
MCDPH shall issue a Compliance Order pursuant to A.R.S. 36-183.04.
Unless a written request for a hearing is filed with MCDPH by the holder of
the permit within fifteen (15) days,the Order shall become final and
enforceable in Superior Court. If a request for a hearing is timely filed,the
hearing shall be held within fifteen(15) days of receipt of the request.
C. Service of Notices
1. A notice provided for in these regulations is properly served when it is
delivered to the holder of the permit, or their agent or when it is sent by
certified or registered mail, to the last known address of the holder of the
permit. A copy of their notice shall be filed in the records of MCDPH.
D. Hearings
1. Hearings shall be conducted in accordance with Mohave County Ordinance
2010-18.
E. Penalties
1. A Compliance Order issued pursuant to A.R.S. 36-183.04 may provide for a
civil penalty of not more than seven hundred fifty dollars for each violation by
an individual and not more than five thousand dollars for a violation by an
enterprise. A Compliance Order shall not impose a civil penalty for the same
acts for which a court has previously imposed a civil or criminal penalty.
2. In determining the amount of a civil penalty under this section, the following
shall be considered:
a. The seriousness of the violation.
b. As an aggravating factor only, any economic benefit that results from the
violation.
c. The history of that violation.
d. The economic impact of the penalty on the violator.
e. Any good faith efforts to comply with the applicable requirements.
f. The duration of the violation as established by any credible evidence.
g. Payment by the violator of penalties previously assessed for the same
violation.
h. Other factors affecting the public health and safety the Director deems
relevant.
F. Exception
1. Unless otherwise indicated in these regulations, the above enforcement
process shall apply.
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MOHAVE COUNTY ORDINANCE 2012-06
VI. LICENSING TIME FRAMES
A. The licensing time frame for those permits/licenses required by this ordinance
shall be:
1. Administrative Review: 26 business days
2. Substantive Review: 26 business days
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