2010-12BILL NO. 2010-12
AN ORDINANCE AMENDING THE RICHFIELD CITY CODE BY ADDING A NEW
SECTION 619; PERTAINING TO INSPECTION AND REGULATION OF PUBLIC
SWIMMING POOLS IN THE CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Chapter 6 of the Richfield City Code is amended by adding a new
Section 619 as follows:
Section 619 -Public Pools
619.01. Findings and Purpose. This section is enacted to establish standards
for the regulation of public pools in Richfield in order to protect the health, safety
and general welfare of the public pursuant to the powers granted under
Minnesota Statutes, Chapter 145A. The principal objectives of this section of the
City Code are to prevent illness, to correct and prevent conditions that may
adversely affect persons utilizing public pools, to provide consistent standards for
design, construction, operation and maintenance of public pools, and to meet the
consumer expectations of health and safety of public pools.
For the purpose of prescribing regulations governing public pools, the City of
Richfield hereby adopts Minnesota Rules, Chapter 4717.0150 through
4717.3975, and Minnesota Statute Section 144.12222 as may be amended or
recodified from time to time.
619.03. Definitions.
Subd. 1. "Health Authority" means the City of Richfield Public Safety
Department and its qualified designated employees or agents as the Richfield
City Council may designate.
Subd. 2. "Issuing Authority" means the City of Richfield Public Safety
Department and its qualified designated agents as the Richfield City Council may
designate.
Subd. 3. "Pool" is defined in Minnesota Rules, Part 4717. Pools include,
but are not limited to, lap pools, spa pools, special purpose pools, wading pools,
spray decks and interactive water features where the water is recirculated.
Subd. 4. "Public Pool" is defined in Minnesota Rules, Part 4717. Public
pools include, but are not limited to, pools operated by a person in a park,
school, licensed childcare center, group home, motel, camp, resort, apartment
building, club, condominium, hotel, manufactured home park or political
subdivision.
619.05. Authority. The City of Richfield regulates public pools through
delegation of authority from the Minnesota Department of Health and in
conjunction with the City of Bloomington, Minnesota.
619.07. License Required. No person shall operate a public pool within the. City
of Richfield or engage in any enterprises described in this section, without first
obtaining and having a valid license as provided herein. The application for such
license shall be made on forms furnished by the City of Richfield and shall
describe the general nature of the business, its location, and any other
information deemed necessary by the City. The application must be in the name
of the owner of the real property on which the licensed premises are situated and
bear the signature of the owner or that of the owner's authorized agent.
619.09. License Fees. License fees shall be as set forth in Appendix D of this
Code. Initial and renewal licenses shall be issued for the calendar year for which
application is made and shall expire on December 31 of such year. License
renewals shall be obtained on an annual basis.
619.11. License Application Execution, Verification and Consideration.
Subdivision 1. Execution. If the application is that of an individual, the
application shall be signed and sworn to by that person; if of a corporation, by an
officer thereof; if of a partnership, by one of the general partners; if of an
unincorporated association, by the manager or managing officer.
Subd. 2. Verification. Applications for licenses under this section shall be
submitted to the Issuing Authority. The Issuing Authority is empowered to
conduct any and all investigations to verify the information on the application,
including ordering a computerized criminal history inquiry and/or a driver's
license history inquiry on the applicant. The issuing authority may also accept
the reports of other governmental inspection agencies. ,
Subd. 3. Consideration. Within a reasonable period after the completion
of the license verification process by the Issuing Authority, the Issuing Authority
shall accept or deny the license application in accordance with this section. If the
application is denied, the Issuing Authority shall notify the applicant of the
determination in writing. The notice shall be mailed by regular mail to the
applicant at the address provided in the application and it shall inform the
applicant of the applicant's right, within twenty (20) days after receipt of the
notice by the applicant, to request an appeal of the Issuing Authority's
determination to the City Council. If an appeal to the City Council is timely
received by the Issuing Authority, the hearing before the City Council shall take
place within a reasonable period after receipt of the appeal by the Issuing
Authority.
619.13. Persons and Locations Ineligible for License.
Subdivision 1. Persons Ineligible. No license shall be granted if the
applicant:
(a) Is not a citizen of the United States or a resident alien, or does not
have the legal authority to work within the United States;
(b) Is not of good moral character and repute;
(c) Is not eighteen (18) years of age or older on the date the
application is submitted to the Issuing Authority;
(d) Has been convicted of a crime that directly relates to the
occupation herein licensed, as defined by Minnesota Statutes, Section 364.03,
subdivision 2, as amended, and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of the occupation to which
this license applies as defined by Minnesota Statutes, Section 364.03,
subdivision 3, as amended;
(e) Has had a license similar to this section's license revoked by any
other government body within three (3) years before the application date;
(f) Has been denied a license by the City because of circumstances,
which occurred within three (3) years before the application date;
(g) Has violated any provision of this section within three (3) years
before the application date, or has violated any provision of this section during
the application period pending the issuance of the license;
(h) Has falsified any information or omitted material information
required by this section; or
(i) Owes taxes or assessments to the state, county, school district, or
City that are due and delinquent.
Subd. 2. Locations Ineligible. The following locations shall be ineligible
for a license under this Division:
(a) Taxes due on property. No license shall be granted or renewed for
operation on any property on which taxes, assessments, or other financial claims
of the State, County, School District, or City are past due, delinquent, or unpaid.
In the event a suit has been commenced under Minnesota Statutes, Section
278.01 - 278.13, as amended, questioning the amount or validity of taxes, the
City Council may, on application, waive strict compliance with this provision; no
waiver may be granted, however, for taxes or any portion thereof which remain
unpaid for a period exceeding one (1) year after becoming due.
(b) Improper zoning. No license shall be granted or renewed if the
property is not properly zoned under Chapter 5 of this Code unless the use is a
legal, nonconforming use.
619.15. Multiple Public Pools. Public Pool means each separate water
recirculation system as in Minnesota Rules, Chapter 4717.2550. Where a
property has more than one pool located upon it, a separate license shall be
obtained for each pool.
619.17. Additional Health and Safety Standards. This Article specifically adopts
the following additional standards for health and safety to Minnesota Rules,
Chapter 4717:
Subdivision 1. When the public pool is not open for use, access to the pool
shall be prevented.
Subd. 2. Minnesota Rules, Chapter 4717.3970, POOL CLOSURE, C. The
pool shall be closed when the disinfection residual exceeds 10 parts per million
for chlorine and 20 parts per million for bromine. Pools with disinfection residual
of 5 to 10 parts per million chlorine and 10 to 20 parts per million bromine may
remain open if all other pool water conditions are met per Minnesota Rules,
Chapter 4717.1750.
Subd. 3. Depth of the water must be plainly marked at or above the water
surface on the vertical pool wall anywhere it is required on the deck in Minnesota
Rules, Chapter 4714.2450.
619.21. Suspension or Revocation of a License. Subdivision 1. Temporary
Suspension. The Health Authority, with the approval of the City Manager, shall
immediately suspend the license of-any public pool for the violation of any terms
of this section if such violations constitute an imminent public health hazard.
Upon notification by the Health Authority of a temporary suspension of license,
by posting of the report as set forth at the time of the inspection, the licensee
shall forthwith cease operation. The licensee may appeal the temporary
suspension in writing to the City Council. Upon notification in writing by the
licensee to the Health Authority that all violations for which the temporary
suspension was invoked have been corrected, the Health Authority shall
reinspect the public pool within two City business days or .other reasonable
agreed upon length of time. If all violations constituting the grounds for the
temporary suspension have been corrected, the Health Authority shall forthwith
terminate the suspension. The Health Authority shall not suspend a license if the
violation or violations constituting an imminent public hazard can be eliminated or
removed immediately.
Subd. 2. Suspension or Revocation. The City Council may suspend or
revoke a license issued pursuant to this section for a violation of:
(a) Fraud, misrepresentation, or false statement contained in a license
application or a renewal application.
(b) Fraud, misrepresentation, or false statement made in the course of
carrying on the licensed occupation or business.
(c) Any violation of this section or state law.
(d) A licensee's criminal conviction that is directly related to the
occupation or business licensed as defined by Minnesota Statutes, Section
364.03, subdivision 2, as amended, provided that the licensee cannot show
competent evidence of sufficient rehabilitation and present fitness to perform the
duties of the licensed occupation or business as defined by Minnesota Statutes,
Section 364.03, subdivision 3, as amended.
(e) Conducting the licensed business or occupation in an unlawful
manner or in such a manner as to constitute a breach of the peace or to
constitute a menace to the health, safety, or general welfare of the community.
Subd. 3. Notice and Hearing. A revocation or suspension by the City
Council shall be preceded by written notice to the licensee and a hearing. The
notice shall give at least eight (8) days' notice of the time and place of the
hearing and shall state the nature of the charges against the licensee. The
notice shall be mailed by regular mail to the licensee at the most recent address
listed on the license application.
619.23. Plan Review. Construction shall not commence on any new or
remodeled public pool or any existing structure converted to a public pool until
the Health Authority has reviewed and approved the plans and specifications as
set forth in this section.
Subdivision 1. Submission of Plans. All building, electrical, plumbing and
HVAC plans must be submitted to the building and inspection division and the
Health Authority for review and approval.
Subd. 3. Plan Review Fees. Fees for plan review of new or remodeled
public pools shall be those set by the City.. If work has commenced prior to
approval of construction or remodeling plans, additional fees may be assessed.
Subd. 4. Additional Criteria. The plans and specifications for those public
pools reviewed by the Health Authority must include:
(a) A survey showing proper setbacks, easements, pool placement,
equipment placement, fence location, deck location, impervious surface
coverage of the lot, and location of overhead electrical wires;
(b) The proposed equipment types, manufacturers, model numbers,
dimensions, performance capabilities, and installation specifications; and
(c) Fencing plan including type, material, height, gate location and
latching mechanism.
619.25. Inspections. Subdivision 1. The Health Authority shall inspect each
public pool prior to issuing a license and as deemed necessary by the Health
Authority. The Health Authority shall not issue a license until the public pool
complies with the standards of this section as demonstrated by a satisfactory
inspection.
Subd. 2. The Health Authority, after proper identification, shall have the
right to enter and have access to public pool at any time during the conduct of
business.
Subd. 3. The Health Authority shall inspect each public pool as frequently
as necessary during construction, and prior to opening for service to the public,
to ensure that construction and operations are in conformance with this section.
Subd. 4. The Health Authority shall inspect each public pool at a
frequency no less often than State law requires.
Subd. 5. The licensee, owner, or operator of a public pool, upon receipt
of a health inspection report giving notice of violations of this section, shall
correct or remove each violation in the length of time determined by the Health
Authority. Critical violations shall be complied with immediately or within 24
hours if not otherwise specified by the Health Authority. Failure to remove or
correct each violation within the specified time period shall constitute a separate
violation of this section. The Health Authority may issue orders to halt
construction or remodeling, or to take corrective measures to ensure compliance
with this section.
Subd. 6. The person in charge of the public pool shall make available and
allow copying of any and all relevant records necessary~to ascertain compliance
with this section within a reasonable time period.
619.27. Grounds for Emergency Closure. If any of the following conditions exist,
the operator or person in charge may be ordered to discontinue all operations of
the public pool until such time as the Health Authority confirms the correction of
the violation:
Subdivision 1. Failure to possess a license as required by section 619.07,
as amended;
Subd. 2. Lack of potable, plumbed, hot or cold water to the extent that
hand washing or toilet facilities are not operational;
Subd. 3. Lack of electricity or gas service to the extent that hand
washing, ventilation, lighting, or toilet facilities are not operational;
Subd. 4 .Significant damage to the public pool due to tornado, fire, flood,
or other disaster;
Subd. 5. Misuse of poisons or toxic materials; or
Subd. 6. The existence of any public health nuisance, as defined in
Minnesota Statutes, Section 145A.02, Subdivision 17, as amended.
619.29. Severability. If any subsection, sentence, clause, or phrase of this
section is for any reason held to be invalid, such decision does not affect the
validity of the remaining portion of this section. The City Council hereby declares
that it would have adopted the section in each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more
subsections, sentences, clauses, or phrases be declared invalid.
619.31. Penalty. A violation of this section shall be a misdemeanor under
Minnesota law. Civil penalties shall be subject to assessment pursuant to
section 13.13 of the City Charter and section 325.30 of this City Code. However,
nothing in this section shall be construed to limit the City's other available legal
remedies for any violation of the law, including licensing sanctions, criminal, civil,
and injunctive actions. In addition, violations or failure to pay civil fines may
result in future license ineligibility.
Sec. 2. This ordinance shall be effective as provided in section 3.09 of the Richfield
City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 14th day of
September, 2010.
De ie Goettel, Mayor
ATTEST:
r
Nancy Gibbs ity Clerk