Editor's Note: Former Chapter 225, Health and Sanitation, containing Sections 225.010 through 225.180, was repealed 8-19-2021.
[R.O. 2013 §21.5-1; Ord. No. 6.14 (Bill No. 600) §1, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019[1]; Ord. No. 14.559 (Bill No. 2832), 7-21-2022[2]]
This Chapter is enacted to regulate the construction, operation and maintenance of swimming pools, bathing places and water slides and the equipment and apparatus thereof for the purpose of assuring the public health, safety and welfare. This Chapter shall be liberally construed and applied to promote this underlying purpose.
[1]
Editor's Note: Ord. No. 14.541 renumbered former Chapter 540, Swimming Pools, as Chapter 535.
[2]
Editor's Note: Ord. No. 14.559 renumbered former Chapter 535, Swimming Pools, as Chapter 225.
[R.O. 2013 §21.5-2; Ord. No. 6.14 (Bill No. 600) §2, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
The following definitions shall apply in the interpretation and application of this Chapter:
BATHING PLACE
A body of water used or intended to be used for public, semi-public or private swimming and recreational bathing by adults or children, or both adults and children, whether or not any charge is imposed upon such adults or children, operated and maintained by any person as herein defined, whether such person be an owner, lessee, operator, licensee or concessionaire, exclusive of cleansing or healing baths as defined herein, and shall include all shores, structures, appurtenances, equipment, appliances and other facilities, areas and enclosures appurtenant to and intended for the operation and maintenance of bathing places and also all such bathing places operated and maintained in conjunction with or by clubs, motels, hotels and community associations.
CLEANSING AND HEALING BATHS
Bathing places used or intended to be used for the cleansing of the body or for the practice of healing under accredited and licensed medical supervision unless such bathing places contain pools, tanks or other such bodies of water in artificial or semi-artificial receptacles or other containers used or intended to be used collectively by a number of persons.
CODE ENFORCEMENT OFFICER
The Building Commissioner or his/her designee.
FAMILY POOL
A swimming pool used or intended to be used solely by the owner, operator or lessee thereof and such owner's, operator's or lessee's family and guests invited to use it without payment of any fee.
PERSON
Any person, firm, partnership, association, corporation, company, or any organization of any kind and, as used herein, includes the plural as well as the singular.
SWIMMING POOL
A body of water in an artificial or semi-artificial receptacle or other container, whether located indoors or outdoors, used or intended to be used for public, semi-public or private swimming, wading or spraying by adults or children, or both adults and children, whether or not any charge is imposed upon such adults or children, operated and maintained by any person as herein defined, whether such person be an owner, lessee, operator, licensee or concessionaire, exclusive of a family pool as defined herein, and shall include all structures, appurtenances, equipment, appliances, and other facilities, areas and enclosures appurtenant to and intended for the operation and maintenance of a swimming pool, wading pool or spraying pool and also all such swimming pools, wading pools and spraying pools operated and maintained in conjunction with or by clubs, motels, hotels and community associations.
WATER SLIDE
A facility comprised of flume, pool, pump, and other components used or intended to be used for public, semi-public or private slide and water recreation by adults or children, or both adults and children, whether or not any charge is imposed upon such adults or children, operated and maintained by any person as herein defined, whether such person be an owner, lessee, operator, licensee or concessionaire and shall include all structures, appurtenances, equipment, appliances and other facilities, areas and enclosures appurtenant to and intended for the operation and maintenance of a water slide and also all water slides operated and maintained in conjunction with or by clubs, motels, hotels and community associations.
[R.O. 2013 §21.5-3; Ord. No. 6.14 (Bill No. 600) §3, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
The Code Enforcement Officer may promulgate rules and regulations to carry out the purpose and intent of this Chapter to protect the public health, safety and welfare.
[R.O. 2013 §21.5-6; Ord. No. 6.14 (Bill No. 600) §6, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
The water at swimming pools, bathing places and water slides shall be of such bacterial, chemical and physical quality as the Code Enforcement Officer or that officer's duly authorized agents shall from time to time determine is required to assure compliance with the sanitary requirements of this Chapter and any rule or regulation issued hereunder.
[R.O. 2013 §21.5-7; Ord. No. 6.14 (Bill No. 600) §7, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
The sanitary conditions at swimming pools, bathing places and water slides shall be of such satisfactory bacterial, chemical and physical quality as the Code Enforcement Officer or that officer's duly authorized agents, from time to time shall determine to be necessary to assure compliance with the sanitary requirements of this Chapter and any rule or regulation issued hereunder.
[R.O. 2013 §21.5-8; Ord. No. 6.14 (Bill No. 600) §8, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
No person shall operate or maintain a swimming pool, bathing place or water slide until a license therefor shall have been issued by the Code Enforcement Officer or that officer's duly authorized agents, which license shall not be valid for longer than one (1) year from the date of issuance. A new license must be secured on or before May fifteenth (15th) of each year which will permit operation or maintenance until the following May fifteenth (15th). All licenses shall be in writing and shall state the conditions thereof and the term for which the license is granted. It shall be unlawful for any person to conduct, operate, maintain or manage any swimming pool, bathing place or water slide without complying with the requirements of this Chapter; and the Code Enforcement Officer is charged with the administering and enforcing licensing provisions of this Chapter. The Code Enforcement Officer is hereby authorized to promulgate rules and regulations for the construction, operation and maintenance of swimming pools, bathing places and water slides for the protection and promotion of the public health, safety, morals and public welfare.
[R.O. 2013 §21.5-9; Ord. No. 6.14 (Bill No. 600) §9, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
Any license granted by the Code Enforcement Officer hereunder may be revoked by that officer for failure to comply with the rules and regulations promulgated under this Chapter or whenever, in the determination of the Code Enforcement Officer or that officer's duly authorized agents, further operation under such license creates a menace to the health, safety or morals of the users of the swimming pool, bathing place or water slide; provided that the holder of any license which has been revoked may appeal to the Board of Appeals of the City the Code Enforcement Officer's revocation of the license and may have the Board of Appeals determine the legality or reasonableness of the revocation of the license. No appeal under this Section, however, shall entitle the license holder to continue operation of the swimming pool, bathing place or water slide pending action by the Board of Appeals.
[R.O. 2013 §21.5-10; Ord. No. 6.14 (Bill No. 600) §10, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
No person shall operate or maintain a swimming pool, bathing place or water slide without display in a prominent and conspicuous place of an unrevoked license from the Code Enforcement Officer of the City of Arnold or that officer's duly authorized agents. Such license shall be displayed in a prominent and conspicuous place in full view of any persons using the facility, together with the current certification of the Code Enforcement Officer as to the satisfactory sanitary and water quality conditions of the swimming pool, bathing place or water slide.
[R.O. 2013 §21.5-11; Ord. No. 6.14 (Bill No. 600) §11, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
Before issuing any license and before any swimming pool, bathing place or water slide is opened for public use, and at such other times as the Code Enforcement Officer shall determine to be necessary, the Code Enforcement Officer or that officer's duly authorized agents shall inspect or cause to be inspected all swimming pools, bathing places and water slides within the City at such times as the Code Enforcement Officer may deem it necessary to carry out the purposes and intent of this Chapter. The Code Enforcement Officer or that officer's duly authorized agents are hereby authorized to enter upon any premises, private or public, to take such samples of water at such times as that officer may deem necessary and to require the owner, proprietor or operator to comply with rules and regulations pertaining to swimming pools, bathing places or water slides promulgated by the Code Enforcement Officer in accordance with this Chapter. In the event of the failure of compliance after due notice with the rules and regulations and requirements of the Code Enforcement Officer or the requirements of this Chapter, the Code Enforcement Officer or that officer's duly authorized agents shall have the power to abate or cause a suspension of the use of such swimming pool, bathing place or water slide until such time as the same is, in the opinion of the Code Enforcement Officer or that officer's duly authorized agents, no longer a menace or a hazard to health, safety or morals.
[R.O. 2013 §21.5-12; Ord. No. 6.14 (Bill No. 600) §12, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
Persons operating or maintaining a swimming pool, bathing place or water slide shall make and maintain such records of operation and maintenance as may be required by the Code Enforcement Officer and provide reports of the same to the Code Enforcement Officer as that officer may require.
[R.O. 2013 §21.5-13; Ord. No. 6.14 (Bill No. 600) §13, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
In the construction, operation and maintenance of any swimming pool, bathing place or water slide, the laws of the State of Missouri and the rules, regulations and requirements of the State's Department of Health and Senior Services shall be observed. In the event of any conflict between the provisions of this Chapter and any provision of State law or requirement, rule or regulation of the State Department of Public Health, the provision imposing the higher standard or the more stringent requirement shall be controlling.
[R.O. 2013 §21.5-39; Ord. No. 6.19 (Bill No. 830) §6, 8-1-1985; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A. 
It shall be unlawful for any person to discharge water from a pool except in compliance with the following provisions:
1. 
Water shall only be discharged into a sanitary sewer.
2. 
In the event that sanitary sewers are not available, water from pools shall be discharged in such locations, and in such a manner, as authorized by the Code Enforcement Officer.
[R.O. 2013 §21.5-40; Ord. No. 6.19 (Bill No. 830) §7, 8-1-1985; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
The Code Enforcement Officer is hereby empowered to conduct such tests and inspections as necessary to determine compliance with this Article.
[R.O. 2013 §21.5-42; Ord. No. 6.19 (Bill No. 830) §9, 8-1-1985; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
Any pool determined to be in violation of the bacteriological standards or physical standards shall be issued a notice to correct the violations within five (5) days from the receipt or posting of the notice of violation.