Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-16-4 - Operating Permit4.1. A person shall not in any manner conduct, control, manage, maintain, or operate a recreational water facility without obtaining an operating permit from the Commissioner.4.2. The applicant shall submit to the Commissioner a written operating permit application on a form obtained from the Commissioner and signed by the applicant.4.3. The applicant shall submit to the Commissioner an application for an operating permit at least fifteen (15) days before the operation of the recreational water facility is scheduled to begin.4.4. The Commissioner shall deny a permit if the information on the application form is incomplete, inaccurate, false, or misleading, or indicates that the applicable provisions of this rule cannot be met.4.5. A person shall comply with the applicable provisions of this rule in order to receive and retain an operating permit.4.6. Recreational water facilities that are in operation on the date this rule becomes effective, and that meet all applicable prior rules, are eligible for a permit to operate. Construction, modification, installation, or renovations proposed for a recreational water facility after the effective date of this rule shall comply with all applicable provisions of this rule.4.7. Permits are not transferable and become invalid immediately upon a change of ownership, suspension or revocation.4.8. In the event of a proposed or an actual change in ownership of a recreational water facility, an applicant shall submit an application for an operating permit to the Commissioner at least fifteen (15) days prior to the date of the proposed or actual change.4.9. The Commissioner may suspend or revoke a permit if he or she finds that the recreational water facility is in violation of this rule. 4.10. The Commissioner shall not reinstate an operating permit until he or she determines by an inspection that the recreational water facility is in compliance with all applicable provisions of this rule.4.11. The operator shall prominently display the operational permit in a conspicuous place at the recreational water facility.4.12. A person whose application for an operating permit has been denied, or whose permit has been suspended or revoked, may submit a written petition to the Commissioner requesting a hearing on the matter, and the Commissioner shall grant a hearing on the matter within ten (10) days after he or she has received the petition.