Section 1200-23-05-.04 - ESTABLISHMENT PERMITTING AND INSPECTION SYSTEM(1) Application Procedures (a) Any person planning to operate a public swimming pool must obtain a written application for a permit on a form provided by the Commissioner through the local county health department prior to operating a public swimming pool. A new or initial application is required for public swimming pools that have not previously been permitted or for instances when ownership changes.(b) The Commissioner shall issue a public swimming pool permit 1. after an inspection of the proposed facility reveals that the facility is in compliance with requirements of these rules and2. upon receiving a completed application with applicable fees.(2) Inspection System (a) The Commissioner shall inspect public swimming pools at least once every month while in operation or as often as required by law.(b) Inspection results for public swimming pools shall be recorded on standard departmental forms which summarize the requirements of the law and rules and regulations.(c) The scoring system shall include a weighted point value for each requirement in which critical items are assigned values of either four (4) or five (5) points, with less critical items having assigned values of either one (1) or two (2) points.(d) The rating score of the facilities shall be the total of the weighted point values for all violations subtracted from one hundred (100).(3) Violation Correction (a) in accordance with T.C.A. 68-14-318, correction of critical violations shall be within ten (10) calendar days. All other violated items shall be corrected as soon as possible, but in any event by the time of the next routine inspection.(b) Upon declaration of an imminent health hazard by the Commissioner, the facility shall immediately cease operations until authorized to reopen.(c) The inspection report shall state that failure to comply with any time limits for correction may result in cessation of operations. An opportunity for a hearing concerning the inspection and/or inspection report and/or on the ordered corrective action will be provided, if a written request is filed with the Commissioner within ten (10) calendar days following the inspection. If a request for a hearing is received, a hearing shall be held within a reasonable period of time after receipt of the request. Any such hearing shall be held pursuant to T.C.A. Title 4, Chapter 5, Part 3.(4) Permit Revocation (a) After providing opportunity for hearing, the Commissioner or his duly authorized representative may revoke a permit for serious or repeated violations of requirements of this part or for interference with the Commissioner or his duly authorized representative in the performance of his duty.(b) Prior to revocation, the Commissioner or his duly authorized representative shall notify the permittee, in writing, of the specific reason(s) for which the permit is to be revoked, and that the permit shall be revoked at the end of ten (10) days following service of such notice, unless a written request for a hearing is filed with the Commissioner within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.(c) Permit Revocation. When a permit to operate a public swimming pool is revoked by the Commissioner, a new permit shall be issued, upon meeting all requirements for a new permit and the submission of a new application with applicable fees.(5) Whenever a facility is required under this section to cease operations, it shall not resume operations until it is shown on re-inspection that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time.Tenn. Comp. R. & Regs. 1200-23-05-.04
Original rule filed March 13, 2000; effective May 27, 2000.Authority: T.C.A. §§ 4-5-202, 68-1-103, and 68-14-301 et seq.