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1988-0531 0 0 ORDINANCE NO. 88- 53 AN ORDINANCE ADDING CHAPTER 8.44. PUBLIC SWIMMING POOLS TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS,. THAT: SECTION 1: An ordinance adding Chapter 8.44. PUBLIC SWIMMING POOLS to the Village of Buffalo Grove Municipal Code. CHAPTER 8.44 PUBLIC SWIMMING POOLS Section 8.44.010 Adopted by reference. The Illinois Department of Public Health -- 1987 Minimum Sanitary Require- ments for the Design and Operation of Swimming Pools and Bathing Beaches is hereby adopted by reference. Section 8.44.020 Compliance. A. It shall be unlawful to construct, install, alter, maintain, or use any swimming pool except in compliance with the provisions of this chapter. B. This chapter shall not apply to pools at private residences intended only for the use of the owner and guests. Section 8.44.030 Definitions. A. "Swimming pool" as used in this chapter shall mean any artificial basin of water which has been modified, improved, constructed or installed for the purpose of public swimming, and includes pools for community use, pools at apartments having five or more units, clubs, camps, schools, institutions, park and recreation areas, motels, hotels and other commercial establishments. B. "Health Officer" shall be the Village Health Officer or his designee. o • Section 8.44.040 Permits - Generally. A. Permit to construct. 1. No person shall construct, install or alter any swimming pool unless a construction permit therefor shall first have been obtained from the Director of Building and Zoning. Fees for construction permits shall be determined by the fee schedule as set forth in the building code. 2. The application for a construction permit shall be in writing in the form prescribed by the Director of Build- ing and Zoning. Such application shall contain information as shall be required by the Director of Building and Zoning for a proper understanding of the proposed work. 3. Clear and detailed drawings, plans and specifi- cations for the construction, installation or alteration of any swimming pool and appurtenances shall be presented to the Director of Building and Zoning for examination and approval as to proper location, construction and use. All drawings shall be complete, with a plot plan and including information pertaining to fence construction, water supply system, liquid capacity, drainage and water disposal and all equipment and appurtenances to the pool. B. License to operate. 1. It shall be unlawful for any person to operate a swimming pool without an annual swimming pool license from the Village Clerk. Only a person who complies with the requirements of this chapter shall be entitled to receive and retain such a license. A valid license is one that is not suspended or expired. C. License -- Acquisition and display. 1. Application for license shall be made to the Village Clerk. The annual license fee shall be fifty (50) dollars, payable annually. The license shall expire on the thirtieth day of April following its issuance. Evidence of such license shall be provided by the Village and displayed in a conspicuous place on the premises of the license holder. 2. Pursuant to Chapter 3.04 of the Village of Buffalo Grove Municipal Code, the said annual fee required in this section is waived for the park district and school districts. Section 8.44.050 License -- Suspension. A. The Village may temporarily suspend any license for failure of the holder to comply with the requirements of this chapter. Whenever a license holder or operator has failed to comply with any previous notice issued under the provisions of this chapter, the license holder or operator shall be notified in writing that the license is, upon service of the notice, suspended, and that an opportunity for a hearing will be provided if a written request for one is filed with the Village Manager by the holder within three (3) days from the date of suspension. - 2 - o • B. Notwithstanding the other provisions of this chapter, whenever the Health Officer finds unsanitary or other conditions in the operation of a swimming pool which, in his judgment, constitutes a substantial hazard to the public health, he may without warning, notice or hearing, issue a written notice to the license holder or operator citing such conditions, speci- fying the corrective action to be taken and specifying the time period within which such action shall be taken; and, if deemed necessary, such order shall state that the license is immediately suspended and all swimming pool operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the Village Manager, shall be afforded a hearing as soon as possible. Section 8.44.060 Reinstatement of suspended licenses. Any person whose license has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the license. Within five (5) days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the license have been corrected, the Health Officer shall make a reinspection. If the applicant is complying with the require- ments of this chapter, the license shall be reinstated. Section 8.44.070 License -- Revocation. For serious or repeated violations of any of the requirements of this chapter, or for interference with the Health Officer in the performance of his duties, the license may be permanently revoked after an opportunity for a hearing before the Village Manager. Prior to such action, the Health Officer shall notify the license holder in writing stating the reasons for which the license is subject to revocation and advising that the license shall be permanently revoked at the end of five (5) days following service of such notice unless a request for a hearing is filed with the Village Manager, by the license holder, within such five (5) day period. A license may be suspended for cause under Section 8.44.050 pending its revocation or a hearing relative thereto. After revocation, a new license must be obtained in accordance with Sections 8.44.040 through 8.44.060. Section 8.44.080 Hearings. The hearing provided for in this chapter shall be conducted by the Village Manager at a time and place designated by him. Based upon the record of such hearing, the Village Manager shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the license holder by the Village Manager. - 3 - O • Section 8.44.090 Enforcement and Inspection. The Health Officer is charged with the enforcement of the provisions of this chapter. It shall be the duty of the Health Officer to inspect each swimming pool as often as may be necessary to insure compliance with this chapter. A. Access to establishments. The Health Officer, after proper identification, shall be permitted to enter, at any reasonable time, any swimming pool for the purpose of making inspections to determine compliance with this chapter. The owner or operator shall supply such inform- ation, data and records as may be necessary to determine compliance with this chapter. Failure to permit access after proper identification shall be grounds for immediate revocation or suspension of license without benefit of a hearing. After such revocation or suspension, the license holder may submit in writing a request for reinstatement of license. B. Inspection records and notices. Whenever the Health Officer makes an inspection of a swimming pool, he shall record his findings on an inspection report form provided for this purpose and shall furnish a copy of such inspection report form to the license holder or operator. Such inspection report shall indicate specific violations found and shall establish a specific and reasonable period of time for the correction of them. C. Service of notices. Notices provided for under this chapter shall be deemed to have been properly served when a copy of the inspection report form or other notice has been delivered personally to the license holder or per- son in charge, or the inspection report or notice has been posted by the Health Officer upon an inside wall of the establishment or such inspection report or notice has been send by registered or certified mail to the last known address of the license holder. A copy of such inspection reports or notices shall be filed with the records of the Health Officer. Section 8.44.100 Violation - penalty. Unless otherwise set forth in this chapter, any person violating the provisions of this chapter shall be punished as provided in Chapter 1.08. SECTION 2: Separability. If any provision or application of any provision of this ordinance is held invalid, that invalidity shall not affect other provisions or applications of this ordinance. M11M • . . i 11 - SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. This ordinance may be published in pamphlet form. AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES. 0 - None ABSENT: 0 - None PASSED: May 2 APPROVED: May 2 , 1988 , 1988 PUBLISHED: May 3 , 1988 ATTEST: ` x A�4�'M'�uu,w illage Clerk APPROVED : F, 1-1 Village President - 5 - VILLAGE OF BUFFALO GROVE ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE 19 �a. d THIS _DAY OF , Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & ake Counties, I11'nois, this _ day of Q , 19 �. Village Clerk By cf:wim Deputy Clerk ORDINANCE NO. 88- 53 AN ORDINANCE ADDING CHAPTER 8.44. PUBLIC SWIMMING POOLS TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, THAT: SECTION 1: An ordinance adding Chapter 8.44. PUBLIC SWIMMING POOLS to the Village of Buffalo Grove Municipal Code. CHAPTER 8.44 PUBLIC SWIMMING POOLS Section 8.44.010 Adopted by reference. The Illinois Department of Public Health -- 1987 Minimum Sanitary Require- ments for the Design and Operation of Swimming Pools and Bathing Beaches is hereby adopted by reference. Section 8.44.020 Compliance. A. It shall be unlawful to construct, install, alter, maintain, or use any swimming pool except in compliance with the provisions of this chapter. B. This chapter shall not apply to pools at private residences intended only for the use of the owner and guests. Section 8.44.030 Definitions. A. "Swimming pool" as used in this chapter shall mean any artificial basin of water which has been modified, improved, constructed or installed for the purpose of public swimming, and includes pools for community use, pools at apartments having five or more units, clubs, camps, schools, institutions, park and recreation areas, motels, hotels and other commercial establishments. B. "Health Officer" shall be the Village Health Officer or his designee. Section 8.44.040 Permits - Generally. A. Permit to construct. 1. No person shall construct, install or alter any swimming pool unless a construction permit therefor shall first have been obtained from the Director of Building and Zoning. Fees for construction permits shall be determined by the fee schedule as set forth in the building code. 2. The application for a construction permit shall be in writing in the form prescribed by the Director of Build- ing and Zoning. Such application shall contain information as shall be required by the Director of Building and Zoning for a proper understanding of the proposed work. 3. Clear and detailed drawings, plans and specifi- cations for the construction, installation or alteration of any swimming pool and appurtenances shall be presented to the Director of Building-and Zoning for examination and approval as to proper location, construction and use. All drawings shall be complete, with a plot plan and including information pertaining to fence construction, water supply system, liquid capacity, drainage and water disposal and all equipment and appurtenances to the pool. B. License to operate. 1. It shall be unlawful for any person'to operate a swimming pool without an annual swimming pool license from the Village. Clerk. Only a person who complies with the requirements of this chapter shall be entitled to receive and retain such'a license. A valid license is one that is not suspended or expired. C. License -- Acquisition and display. 1. Application for license shall be made to the Village Clerk. The annual license fee shall be fifty (50) dollars, payable annually. The license shall expire on the thirtieth day of April following its issuance. Evidence of such license shall be provided by the Village and displayed in a conspicuous place on the premises of the license holder. 2. Pursuant to Chapter 3.04 of the Village of Buffalo Grove Municipal Code, the said annual fee required in this section is waived for the park district and school districts. Section 8.44.050 License -- Suspension. A. The Village may temporarily suspend any license for failure of the holder to comply with the requirements of this chapter. Whenever a license holder or operator has failed to comply with any previous notice issued under the provisions of this chapter, the license holder or operator shall be notified in writing that the license is, upon service of the notice, suspended, and that an opportunity for a hearing will be provided if a written request for one is filed with the Village Manager by the holder within three (3) days from the date of suspension. - 2 - B. Notwithstanding the other provisions of this chapter, whenever the Health Officer finds unsanitary or other conditions in the operation of a swimming pool which, in his judgment, constitutes a substantial hazard to the public health, he may without warning, notice or hearing, issue a written notice to the license holder or operator citing such conditions, speci- fying the corrective action to be taken and specifying the time. period within which such action shall be taken; and, if deemed necessary, such order shall state that the license is immediately suspended and all swimming pool operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the Village Manager, shall be afforded a hearing as soon as possible. Section 8.44.060 Reinstatement of suspended licenses. Any person whose license has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the license. Within five (5) days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the license have been corrected, the Health Officer shall make a reinspection. If the applicant is complying with the require- ments of this chapter, the license shall be reinstated. Section 8.44.070 License -- Revocation. For serious or repeated violations of any of the requirements of this chapter, or for interference with the Health Officer in the performance of his duties, the license may be permanently revoked after an opportunity for a hearing before the Village Manager. Prior to such action, the Health Officer shall notify the license holder in writing stating the reasons for which the license is subject to revocation and advising that the license shall be permanently revoked at the end of five (5) days following service of such notice unless a request for a hearing is filed with the Village Manager, by the license holder, within such five (5) day period. A license may be suspended for cause under Section 8.44.050 pending its revocation or a hearing relative thereto. After revocation, a new license must be obtained in accordance with Sections 8.44.040 through 8.44.060. Section 8.44.080 Hearings. The hearing provided for in this chapter shall be conducted by the Village Manager at a time and place designated by him. Based upon the record of such hearing, the Village Manager shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the license holder by the Village Manager. - 3 - Section 8.44.090 Enforcement and Inspection. The Health Officer'is charged with the enforcement of the provisions of this chapter. It shall be the duty of the Health Officer to inspect each swimming pool as often as may be necessary to insure compliance with this chapter. A. Access to establishments. The Health Officer, after proper identification, shall be permitted to enter, at any reasonable time, any swimming pool for the purpose of making inspections to determine compliance with this chapter. The owner or operator shall supply such inform- ation, data and records as may be necessary to determine compliance with this chapter. Failure to permit access after proper identification shall be grounds for immediate revocation or suspension of license without benefit of a hearing. After such revocation or suspension, the license holder may submit in writing a request for reinstatement of license. B. Inspection records and notices. Whenever the Health Officer makes an inspection of a swimming pool, he shall record his findings on an inspection report form provided for this purpose and shall furnish a copy of such inspection report form to the license holder or operator. Such inspection report shall indicate specific violations found and shall establish a specific and reasonable period of time for the correction of them. C. Service of notices. Notices provided for under this chapter shall be deemed to have been properly served when a copy of the inspection report form or other notice has been delivered personally to the license holder or per- son in charge, or the inspection report or notice has been posted by the Health Officer upon an inside wall of the establishment or such inspection report or notice has been send by registered or certified mail to the last known address of the license holder. A copy of such inspection reports or notices shall be filed with the records of the Health Officer. Section 8.44.100 Violation - penalty. Unless otherwise set forth in this chapter, any person violating the provisions of this chapter shall be punished as provided in Chapter 1.08. SECTION 2: Separability. If any provision or application of any provision of this ordinance is held invalid, that invalidity shall not affect other provisions or applications of this ordinance. - 4 - M n SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. This ordinance may be published in pamphlet form. AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 0 - None PASSED: May 2 , 1988 APPROVED: May 2 1988 PUBLISHED: May 3 , 1988 ATTEST: Village Clerk APPROVED: Village President - 5 -