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A. Reasons For.

1. Immediate Health or Safety Hazard. When an immediate health or safety hazard exists for which there are no appropriate corrective remedies other than closure of the water recreation facility. Examples are: electrical power outage; lack of lighting; lack of potable water supply; sewer back-up into public or water contact areas; lack of required safety devices; gross chemical or physical contamination of the water; incidence of acute human illness or severe injury directly attributed to the water recreation facility.

2. Potential Health Hazard. When any of the operational support capabilities are not sufficient to prevent existence of a potential health hazard and no immediate remedy exists other than closure of the water recreational facility. Examples are: malfunctioning water filtration and/or disinfection equipment, methods, processes, or procedures; malfunctioning water heating equipment; chemical disinfectant, water pH, or water turbidity not within limits required in Chapters 246-260 and 246-262 WAC; bacteria count exceeding safe limits and operational causes remain uncorrected.

3. Ongoing and Repeated Violations. When there exists ongoing and repeated violations of water recreation facilities regulations, Chapters 246-260 and 246-262 WAC, of a nature and severity to warrant enforcement action, and when reasonable effort has been made to achieve voluntary compliance.

B. Procedures.

1. Existing Immediate Health or Safety Hazard. When the Environmental Health Specialist determines that an immediate health or safety hazard exists, the Specialist will note the specific violations on the inspection form and state on the form that the pool(s) and/or spa(s) or the entire water recreational facility is closed, and deliver the form to the person in charge of the water recreation facility. The applicable signs indicating the notice of closure shall be posted by the Specialist at the entrances to the pool(s) and/or spa(s) or the entire facility.

2. Existing Potential Health Hazard. When the Environmental Health Specialist determines that a potential health hazard exists, the Specialist will note the specific violations on the inspection form and state on the form that the pool(s) and/or spa(s) or entire water recreational facility is closed, and deliver the form to the person in charge of the water recreation facility. The applicable signs indicating the notice of closure shall be posted by the Specialist at the entrances to the pool(s) and/or spa(s) or to the entire facility.

3. Ongoing and Repeated Violations. The decision to close a water recreation facility for ongoing and repeated violations will be made by the Environmental Health Specialist and confirmed by a member of the Environmental Health supervisory staff. The Specialist will state the specific repeat violations on the inspection form and state on the form that the pool(s) and/or spa(s) or the entire water recreational facility is closed, and deliver the form to the person in charge of the water recreation facility. The applicable signs indicating the notice of closure shall be posted by the Specialist at the entrances to the pool(s) and/or spa(s) or to the entire facility.

C. Procedures for Reinstatement.

1. Notice to SHD. The water recreation facility permit holder will notify SHD by telephone or in writing that: the violations causing the permit suspension have been corrected; that if applicable that there has been sufficient treatment time for one complete turnover of the questioned facility water; the water’s quality has reached satisfactory levels as outlined in Chapters 246-260 and 246-262 WAC; and that all noted safety hazards have been eliminated.

2. Reinspection. The SHD will arrange for reinspection as soon as possible after notification from the permit holder. Closures resulting from chemical and water quality violations may possibly not be allowed to reopen the same day as the permit suspension, dependent upon correction of the deficiencies and the passage of sufficient treatment time. Mechanical or nonchemical/water quality violations resulting in closure may be subject to reinspection the same day as the permit suspension provided the violation is satisfactorily abated.

3. Reinspection Fee. A reinspection fee, as established by the Board of Health, will be charged to each permitted facility after the facility permit has been suspended. Payment must be received in the SHD’s Environmental Health Division office no later than the close of business on the first business day following the closure or the permit will be considered invalid and the facility subject to SHDC 4.15.060.

D. Hearings.

1. Request For. A water recreation facility operating permit holder who believes that suspension of a permit was an incorrect action may request a hearing. Such request must be filed, in writing, with the Health Officer no later than 10 calendar days following the inspection date, including the date of inspection. The request must state specifically which violations cited in the permit suspension order were incorrectly cited and why the action of the SHD in suspending the permit was incorrect. Issues not addressed in the request will not be considered at the time of the hearing.

2. Conduct Of. The Health Officer or Health Officer’s designee will arrange for a hearing to be conducted at a selected time and place within 30 calendar days of receipt of the request for a hearing. The Health Officer or Health Officer’s designee shall make a written finding and shall sustain, modify, or rescind any notice considered in the hearing.

3. Water Recreation Facility Operating Permit Remains Suspended. The request for hearing will not stay the suspension of a water recreation facility operating permit. [Res. 08-11, Eff. 04/08/08. Res. 93-32, Eff. 11/09/93. Res. 91-20. Prior code § 7.3(V)].