Metro Government of Nashville and Davidson County |
Code of Ordinances |
Title 10. HEALTH AND SAFETY |
Division I. General Regulations |
Chapter 10.48. PUBLIC SWIMMING POOLS |
§ 10.48.120. Revocation of permits—Reissuance.
A.
The department of health may revoke any permit for failure to comply with the duly promulgated regulations referred to in this chapter or in cases where the permit has been obtained through nondisclosure, misrepresentation or misstatement of a material fact.
B.
Before a permit is revoked, the person to whom the permit has been issued shall have notice in writing enumerating instances of failure to comply with the regulations. He shall be given an opportunity for appeal to the board of health, regarding the reasonableness of the revocation of permit.
C.
1. The department of health may order a suspension of a permit and may order the owner or operator of a public swimming pool to prohibit any person from using it if it finds:
a.
A failure of the equipment, structure, area or enclosure of the public swimming pool which jeopardizes the health or safety of the persons using or operating it; or
b.
That the public swimming pool lacks properly functioning equipment or proper material for recirculating, treating, or testing the water used for swimming or bathing; or
c.
A lack of required supervisory personnel or required lifeguards; or
d.
That the operator of the public swimming pool is not maintaining the required water quality; or
e.
That the operator does not possess a valid operating permit.
2.
If the department of health orders the closing of a public swimming pool, it shall issue a written order to the owner or operator, or their representative, stating with particularity the reason for the order of closure along with its finding that the condition giving rise to the order represents a serious threat to the public health and safety. The order must state that the public swimming pool is to be closed immediately and must specify the corrective action necessary for the reinstatement of the permit.
3.
The order must be served upon the owner, operator, representative or a person in charge of the public swimming pool. The person on whom the order is served shall close the public swimming pool immediately and shall prohibit any person from using it.
4.
After the specified corrective action has been taken, the owner or operator or his representative shall notify the department that the public swimming pool is ready for reinspection. If upon reinspection the corrective action is approved, the department shall order the reinstatement of the permit, at which time the public swimming pool may be opened for use. If upon reinspection the corrective action is not approved, the operating permit remains suspended and the public swimming pool must be kept closed and out of use until corrective action is approved.
5.
If a person is served with an order suspending the permit, the permit may be revoked unless the operator:
a.
Closes the public swimming pool immediately; and
b.
Takes any corrective action required by the order within the time therein specified.
D.
The permit shall be reissued upon proper application and upon presentation of evidence that the deficiencies causing revocation have been corrected.
(Ord. 95-1433 § 1, 1995; prior code § 20-1-188)