Chapter 2.40 BOARD OF HEALTH

Chapter 2.40
BOARD OF HEALTH

Sections:

2.40.030 Collection, accounting, and disposition of fees.

2.40.050 Public and semipublic swimming pools.

2.40.010 Definitions.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“Agency” refers to the professional licensing agency (formerly health professions service bureau under IC 25-1-5).

“Board” means the Vanderburgh County Board of Health as provided for and established pursuant to IC 16-20-2.

“Child” means a person under the age of fourteen (14) years.

“Department” means the Vanderburgh County Department of Health as provided for and established pursuant to the terms of IC 16-20-2.

“Health officer” means the health officer as provided for and established pursuant to IC 16-1-3.8-9.

“Household” means a group of related or unrelated individuals who are not residents of an institution, but who are living in one (1) dwelling as one (1) economic unit. 410 IAC 24-1-4 Local Health Services.

“In-County resident” means a resident of Vanderburgh County, Indiana for purposes of charging fees for services at the Department.

“Out-of-County resident” means a resident of any county or state other than Vanderburgh County, Indiana for purposes of charging fees for services at the Department.

“Public health setting” means a location, including a mobile health care vehicle, where the public is invited for health care, information, and services by a program sponsored or endorsed by a governmental entity or charitable organization.

“Sliding Fee Scale.” Certain medical services are provided on a Sliding Fee Scale based on household income and household size. The Sliding Fee Scale is in direct proportion to the number of individual household members and the household income. For example: households with less household income and more household members will pay a smaller percentage of the fee on the Sliding Fee Scale than a household with more household income and fewer household members. The Sliding Fee Scale shall:

A. Incorporate the definition of federal income poverty guidelines;

B. Indicate that no fee is required from patients (service recipients) receiving Medicaid covered services;

C. Incorporate the household’s income and number of people; and

D. Incorporate a fee for people based on the household income and number of people.

Costs for services will be determined using the Sliding Fee Scale in effect at the time of application.

(Ord. 08-13-008 § 1, amended, 8/27/2013; Ord. 04-11-004 § 1, amended, 5/10/2011; Ord. 08-10-008 § 1, amended, 8/24/2010) (Prior code § 33.01) (2.40.010 amended, 3/18/2008; 2.40.010, Amended, 03/14/2006, Deleted in its entirety and replaced by current wording.; 2.40.010, Amended, 01/10/2006)

2.40.020 Fees for services.

A. Home health care as prescribed within the meaning of Section 1881 (o) of the Social Security Act for home health agencies; and as authorized by the State Board of Health pursuant to the terms of IC 16-19-3-21;

B. Any personal health services, medications, and immunizations provided through the Department, including but not limited to chest x-rays, skin tests of whatever nature, physician, nurse practitioner and nurse examinations, counseling or evaluations, gastric aspiration tests, audiometry tests, vision tests, immunizations of whatever nature, and material and child health services of whatever nature;

C. The Department’s vital record office shall, upon receipt of an appropriate request, provide services to search for birth or death records of the Department to determine if a record is on file, for walk-in requests or for requests by mail and, by appointment only, to complete correction affidavits. There shall be a fee for each search for a record. If necessary, the search will be for a five (5) year period including the reported year of birth or death, and if the record is not found in that year, the two (2) years before the two (2) years after the reported year. If no record is found, the person making the request will receive, in place of the certified copy, an official statement that the record requested is not on file with the Department’s vital record office. Birth Record- There shall be a fee of Fifteen Dollars ($15.00) for each search for a birth record. One (1) certified copy of the record, if found, is included in the search fee. Death Record – There shall be a fee for each search for a death record. If found, the Division of Vital Records shall from this date forward make available to the public two (2) distinct Death Records.

1. The search for a Death Record for related individuals to show Proof of Death for the settlement of all affairs related to the decedent. If found, one (1) certified copy of the record is included in the search fee. This record will have a Social Security number. Persons requesting these records will need to show proof of relationship or Power of Attorney for the decedent.

a. The filing Funeral Home may also request this type of record up to one year after the initial filing.

b. There shall be a fee of Sixteen Dollars and Fifty Cents ($16.50) for each search for this type of Death Record.

c. There shall be a fee of Twenty-One Dollars and Fifty Cents ($21.50) for the search and preparation of a certificate of death for a non-resident Vanderburgh County person who dies in Vanderburgh County. Five Dollars ($5.00) of such Twenty-One Dollars and Fifty Cents ($21.50) fee shall be placed in the Coroner’s Death Certificate Fund hereby established and dedicated for use by the Vanderburgh County Coroner’s Office for salary related purposes.

d. Pursuant to I.C. 16-37-1-9 & I.C.16-20-1-27, an additional Two Dollars and Fifty Cents ($2.50) shall be charged for any death certificate and be deposited in the Coroner’s Continuing Education Fund.

2. The search for a Death Record requested by unrelated individuals or for Genealogic purposes. If found, one (1) non-certified copy of the record requested by unrelated individuals or for Genealogic purposes will be included in the search fee. This record will be printed on the standard Death Record form, stamped with the Vanderburgh County Health Department Stamp, and signed but not sealed. No Social Security number will appear on this Death Record.

a. There shall be a fee of Fourteen Dollars and Fifty Cents ($14.50) for each search for this type of death record.

A search fee must accompany each request for a record and is not refundable. Certified copies of birth records are primary source documents for purposes of obtaining other important documents for United States citizens, such as, driver’s licenses, social security cards and passports. Due to the increased demand for primary source documents, appointments are required for all amendments and correction affidavits. Prior to scheduling an appointment, the person requiring an amendment and/or correction affidavit should call ahead to the Department (812-435-5681) to confirm documents required prior to scheduling for an appointment. Fees for searches, amendments and affidavits, including a certified copy of a corrected birth record are as follows:

Requested Search:	Fee for Service
Search of birth records, including one (1) certified copy of birth record, if found, and if not found, includes issuing an official statement that the record requested is not on file with the Department’s vital record office.	$15.00
Search of death records for related individuals to show Proof of Death for the settlement of all affairs related to the decedent, including one (1) copy of death record, if found, and if not found, includes issuing an official statement that the record requested is not on file with the Department’s vital record office.	$15.75
Search of death records for unrelated individuals or for Genealogic purposes, including one (1) non-certified copy of the death record requested, if found, and if not found, includes issuing an official statement that the record requested is not on file with the Department’s vital record office.	$13.75
Affidavit requesting amendment to birth certificate	$50.00
Affidavit of paternity upon marriage	$50.00
Affidavit of paternity	$50.00
Affidavit of correction by notification	$50.00
Home Birth Filing	$50.00
Reproduction of Affidavit or Home Birth Filing Prepared Previously (2nd Copy)	$10.00
Notary (per page) of any document not associated with Health Department	$2.00

3. The Health Officer shall be provided, upon request, proof of an organization’s tax exemption.

D. Late Fees:

A late fee shall be assessed for failure to obtain a permit:

1.	Within thirty days after commencement of the Bed and Breakfast Establishment and/or Retail Food Establishment	$100.00
2.	For the annual renewal to operate a Bed and Breakfast Establishment and/or Retail Food Establishment if not renewed by March 1st of the permit renewal year as set by the Vanderburgh County Health Board	$100.00
The payment of fees under this Ordinance are not transferable or refundable.

E. Services provided in the inspection of public eating and drinking establishments, retail food markets, itinerant food stands, and semi-public food service establishments in connection with the issuance of permits for licenses for food markets and eating and drinking establishments in the County are set out in Chapter 2.41;

F. Supervision and inspection of sanitary installations that are required by ordinance, fees for which are set forth in Section 8.20.100.

G. Section 2.40.020F is hereby deleted in its entirety.

H. Services provided in the inspection of tattoo operator and body piercing facilities in connection with the issuance of permits for licenses for tattoo operators and body piercing facilities or tattoo artists or body piercers in the County are set out in Chapter 5.06.

(Ord. 06-23-004 §§ 1, 2, amended, 6/27/2023; Ord. 07-18-014 § 1, amended, 7/17/18; Ord. 07-18-014 § 1, amended, 7/17/2018; Ord. 05-17-009 § 1, amended, 5/2/2017; Ord. 12-14-008 § 1, amended, 12/16/2014; Ord. 08-13-008 § 2, amended, 8/27/2013; Ord. 06-12-003 § 1, amended, 6/19/2012; Ord. 04-11-004 §§ 2, 3, 4, amended, 5/10/2011; Ord. 08-10-008 § 2, amended, 8/24/2010) (Prior code § 33.02) (2.40.020 amended 3/18/2008; subsection A, IC code reference amended 5/15/2007; 2.40.020, Amended, 03/14/2006, Changed subsection C from $5 to $10 and added subsection F.; 2.40.020, Amended, 01/10/2006)(2.40.020 Subsection A, IC code reference amended 5/15/07).

2.40.030 Collection, accounting, and disposition of fees.

A. The Department may collect those fees established as a part of this chapter in accordance with the schedule set out in Section 2.40.040, and in accordance with the Department’s regulations. Fees collected for health services provided individuals in other county health jurisdictions and involving payment from county tax revenue shall be collected in accordance with agreements pursuant IC 16-1-4-22.

B. All fees collected by the Department shall be accounted for in detail for each program service area.

C. All fees collected by the Department shall be transferred to the county health fund to be used for the purposes established by the State Public Health Code.

(Prior code § 33.03) (2.40.030 amended 3/18/2008, 2.40.030, Amended, 01/10/2006)

2.40.040 Fee schedule.

A. Foreign Travel Clinic.

For such injections, immunizations, or vaccinations as are approved by the Vanderburgh County Board of Health for administration by the Department, the Department shall charge and collect the actual vaccine cost rounded up to the nearest dollar plus an administration fee per vaccine administered in the amount that is commensurate with the administration fee reimbursed by Medicare and Medicaid payments.

In addition to the administration fee per vaccine, the Department will charge a consultation fee in relation to the administration of foreign travel injections, immunizations or vaccinations as approved by the Vanderburgh County Board of Health. The consultation fee will be $15.00 for Vanderburgh County residents and $25.00 for out of county residents.

B. Influenza and Pneumonia Immunization Clinic.

The Health Department shall charge and collect actual vaccine cost rounded up to the nearest dollar for each influenza and pneumococcal vaccine using applicable codes as authorized by Medicare and/or Medicaid.

C. Vaccines for Children (VFC) Immunization Clinic.

For such injections, immunizations or vaccinations as are approved by the Vanderburgh County Board of Health for administration by the Department, the Department shall charge and collect an administration fee per vaccine administered in the amount that is commensurate with the administration fee reimbursed by Medicaid and/or the amounts paid by Medicaid/Medicare. No one will be denied Vaccines for Children Immunization Clinic services due to inability to pay.

D. Tuberculosis Clinic.

The Health Department shall charge and collect the following fees for services rendered at its Tuberculosis Clinic:

CPT Code	SERVICES	FEES
86580	PPDT (Skin Test)	$30.00
Basic Tuberculosis Testing Training		$50.00/person
Class (includes books, training tools, testing or retesting for certification, and American Lung Association of Indiana validation card)

Vanderburgh County residents suspected or confirmed to have active tuberculosis disease will not be denied Tuberculosis Clinic services due to inability to pay.

E. Laboratory Services Water Testing.

The Health Department shall charge and collect the following fees for services rendered in its laboratory:

SERVICE	DETECTING/TESTING/SCREENING	FEES
Wells and drinking water	Coliform and e coli detection	$25.00
Swimming Pool/SPA	Coliform and e coli detection with Heterotropic plate count	$25.00
20-20-Quantitray	Coliform and e coli quantification of waste water and bathing beaches	$25.00
Post-flood residential well	Coliform and e coli detection	NO FEE
Postage and Handling	Water sample supplies mailed to clients	Market shipping Rates
Wells	Nitrate detection	$10.00

CPT Code	SERVICES	FEES
80061	Lipid Panel	$20.00
82465	Total Cholesterol/BS	$10.00
83036	A 1 C	$15.00

(2.40.040 previously subsection E, is now amended to subsection D & fees amended 3/17/2009) (2.40.040 Subsection E amended 3/18/2008)

F. Subsection F (Dental Clinic Fees) is hereby deleted in its entirety.

G. Specialty Clinic Fees. The Health Department shall charge and collect the following fees for services rendered at its Specialty Clinic:

CPT Code	SERVICES	FEE
99211	Office Visit	$20.00

In addition to the office visit fee, the Health Department shall charge and collect a ten dollar ($10) medicine administration fee per visit to the Specialty Clinic.

H. Export Health Certificate. The Health Department shall charge and collect the following fees for services rendered in producing notarized export health certificates upon written request from any Vanderburgh County manufacturing entities in “good standing” with the United States Food and Drug Administration (FDA) as described in the Warning Letters website information.

The Vanderburgh County Health Department reviews each export health certificate request with the manufacturing facility’s policies, practices and controls that meets or exceeds the United States Food and Drug Administration (FDA) Good Manufacturing Practice (GMP) requirements from the Quality System regulations. The Vanderburgh County Health Department also monitors the FDA’s Inspection, Compliance, Enforcement, and Criminal Investigations’ Enforcement Action – Warning Letters website to ensure a local company is in good standing (i.e., is not listed or if listed previously, a close out letter is listed, therefore returning the local company to good standing).

Depending on the nature of exported goods, most foreign countries require an export health certificate (a signed, notarized statement) from the local health officer before goods can enter their country. Local companies exporting goods must provide assurances their internal practices and controls comply with acceptable standards before a request for an export health certificate will be considered. For example: the current GMP requirements set forth in the Quality System (QS) regulation are promulgated under section 520 of the Food, Drug and Cosmetic (FD&C) Act. They require that domestic or foreign manufacturers have a quality system for the design, manufacture, packaging, labeling, storage, installation, and servicing of finished medical devices intended for commercial distribution in the United States. The regulation requires that various specifications and controls be established for devices; that devices be designed under a quality system to meet these specifications; that devices be manufactured under a quality system; that finished devices meet these specifications; that devices be correctly installed, checked and serviced; that quality date be analyzed to identify and correct quality problems; and that complaints be processed. Thus, the QS regulation helps assure that medical devices are safe and effective for their intended use. The FDA monitors device problem data and inspects the operations and records of device developers and manufacturers to determine compliance with the GMP requirements in the QS regulation.

Once the Vanderburgh County Health Officer is satisfied that the quality assurance policies are in place and the manufacturing facility continues to meet the appropriate standards, then an export health certificate will be issued.

Notarized Export Health Certificate

Fee for Service: $15.00 with a yearly increase of $1.00 commencing in 2017 until such fee reaches the sum of $20.00 in 2021.

Review the request for a notarized copy of an export health certificate from the Vanderburgh County manufacturing company exporting goods in good standing under the FDA. Before an export health certificate request may be considered, the Vanderburgh County manufacturing company must provide assurances their internal practices and controls comply with acceptable standards and that the company is in good standing with the FDA as determined by the company’s status on the FDA’s Enforcement Action – Warning Letter website. The Fifteen ($15.00) dollar fee, plus the future yearly increase for such service, will be charged for each notarized export health certificate produced and provided to the exporting Vanderburgh County manufacturer.

I. Adult Immunization Program:

1. For such injections, immunizations or vaccinations as are approved by the Vanderburgh County Board of Health for administration and purchased by the Department, the Department shall charge and collect actual vaccine cost rounded up to the nearest dollar (using applicable codes as authorized by Medicare and/or Medicaid) plus an administration fee per vaccine administered in the amount that is commensurate with the administration fee reimbursed by Medicaid and/or the amounts paid by Medicaid/Medicare.

2. For such injections, immunizations or vaccinations as are approved by the Vanderburgh County Board of Health and furnished by an approved vendor for purchase and administration at the Department, the Department shall charge and collect the approved vendor-suggested self-pay price plus an administration fee per vaccine administered in the amount that is commensurate with the administration fee reimbursed by Medicaid and/or the amounts paid by Medicaid/Medicare.

3. For all such injections, immunizations or vaccinations as approved by the Vanderburgh County Board of Health and furnished free of charge by the Department, the Department shall charge and collect an administration fee per vaccine administered in the amount that is commensurate with the administration fee reimbursed by Medicaid/Medicare and/or the amounts paid by Medicaid/Medicare.

(Ord. 01-22-002 § 1, amended, 01/11/2022; Ord. 12-19-029 § 1, amended, 12/17/2019; Ord. 12-19-028 § 1, amended, 12/10/2019; Ord. 11-19-026 §§ 1 – 3, amended, 11/19/2019; Ord. 02-16-001 § 1, amended, 2/16/2016; Ord. 08-13-008 § 3, amended, 8/27/2013; Ord. 06-12-003 § 2, amended, 6/19/2012; Ord. 04-11-004 §§ 5 – 8, amended, 5/10/2011; Ord. 08-10-008 §§ 3, 4, 5, amended, 8/24/2010; Ord. 11-09-017 § 1, amended, 11/17/09; 2.40.040, Subsection F, was formerly Subsection G, fees amended 3/17/2009) (2.40.040, Subsection G amended 3/18/2008)

(Subsection A, WellChild Clinic was removed 3/17/2009) (Previous Section 2.40.040H repealed 9/20/99) (Prior code § 33.04) (2.40.040, Amended, 03/14/2006, Amended subsection G & Added Subsection H.; 2.40.040, Amended, 01/10/2006; 2.40.040, Amended, 01/14/2002; 2.40.040, Amended, 08/20/2001, Section B: Fee Schedule Amended; CO.0-09-99-001, Amended, 09/20/1999, Repealed 2.40.040 E,F,G,H)

2.40.050 Public and semipublic swimming pools.

SECTION 1. DEFINITIONS

The following definitions shall apply in the interpretation and enforcement of this chapter:

“Air Gap” shall mean an unobstructed vertical distance through atmosphere between the water supply inlet and the flood level rim of the receiving unit. An Air Gap must be equal to two times the diameter of the water supply outlet or pipe or six inches whichever is the shortest distance.

“Health Department” shall mean the Vanderburgh County Health Department.

“Health Hazard” shall mean any condition which may allow transmission of disease.

“Health Officer” shall mean the duly appointed Health Officer of Vanderburgh County or his authorized agent.

“Owner” shall mean the owner of record of real estate as reflected by the records of the Vanderburgh County Assessor’s Office.

“Operator” shall mean the person responsible for the management of the public or semipublic swimming pool.

“Person” shall mean any individual, partnership, co-partnership, firm, corporation, company, association, trust, estate or unit of local government.

“Public swimming pool facility” shall mean any swimming pool, spa, water attraction or other facility and their associated facilities which is intended to be used for swimming, bathing, competition, relaxation, or recreational use and is operated by a concessionaire, owner, lessee, Operator, person, or licensee irrespective of whether a fee is charged for use.

“Safety Hazard” shall mean a condition which may result in injuries or death, including but not limited to tripping hazards, electrical hazards and entrapment.

“Semipublic swimming pool facility” shall mean any swimming pool, spa, water attraction or other facility and their associated facilities that is intended to be used for swimming, bathing, competition, relaxation, or recreational use and is operated solely for and in conjunction with schools, universities, and colleges, hotels, motels, apartments, condominiums, bed and breakfasts or similar lodgings, camps or mobile home parks membership clubs or associations.

“Spa” shall mean a pool designed for recreational and/or therapeutic use, which is not drained, cleaned, and refilled after each use. The term may include, but is not limited to hydrojet circulation, hot water, cold water, mineral baths, air induction systems or any combination thereof.

“Swimming pool” shall mean any structure, basin, chamber or tank containing a body of water for swimming, bathing, competition, relaxation, or recreational use and auxiliary structures including but not limited to disinfection and filtration equipment, dressing and locker rooms, toilets, showers, furniture and fixtures, playgrounds and spectator areas, adjacent to and associated with the pool, and other areas and enclosures that are intended for use of persons using the pool.

“Tourist Home” shall mean any structure constructed as a single family dwelling that is rented or otherwise contracted for overnight lodging to the public.

“Turnover Rate” shall mean the period of time, expressed in hours, required to circulate a volume of water equal to the maximum water capacity through the water treatment system.

“Water Attraction” shall mean a public facility with design and operational features that provide patron water recreational activity other than or in addition to wading, swimming and diving. Types of water attractions shall include:

“Activity Pool” is defined as a water attraction with a depth of greater than 24 inches designed primarily for play activity that uses constructed features and devices including, but not limited to, pad walks, flotation devices and similar attractions.

“Leisure River” means a stream of near-constant depth in which the water is moved by pumps or other means of propulsion to provide a river-like flow that transports users over a defined path.

“Plunge Pool” is defined as a pool with a depth of greater than 24 inches, located at the exit end of a waterslide flume and intended and designed to receive slide users emerging from the flume.

“Interactive Water Feature” An installation that includes water sprays, spray pads, dancing water jets, waterfalls, dumping buckets, or shooting water cannons for the purpose of wetting a person playing in the spray streams. An interactive water feature or fountain may include devices or activities such as slides, climbing and crawling structures, visual effects, user-actuated mechanical devices, and other play elements.

SECTION 2. PERMITS AND FEES

2.1 Permits

(a) No person shall operate a public or semipublic swimming pool facility in Vanderburgh County, Indiana without a valid permit from the Health Department. Only those persons complying with the applicable provisions of this Ordinance will be entitled to receive and retain a permit issued by the Health Department.

(b) The permits shall be issued for one calendar year beginning April 1 and ending March 31 of the next year. Permits shall be posted in a conspicuous place at the public or semipublic swimming pool facility. Such permits are non-negotiable and non-transferable.

(c) A permit may be denied or revoked when, in the judgment of the Health Officer the public or semipublic swimming pool facility is not in full compliance with all of the requirements set forth in this Ordinance.

(d) Units of local government shall not be charged a fee for a permit. However, all other requirements of this Ordinance shall apply to public or semipublic swimming pool facilities owned and/or operated by local governmental units.

2.2 Fees

(a) The permit fee for public or semipublic swimming pool facilities operating exclusively in any of the months between May and September shall be One hundred dollars ($100.00) per year and thirty-five dollars ($35) for additional recreational water attractions for 2020. Permit fees for public or semipublic swimming pool facilities in 2021 and after shall be one hundred-fifty dollars ($150) per year and seventy-five dollars ($75) for additional recreational water attractions.

(b) The permit fee for public or semipublic swimming pool facilities operating beyond the months of May through September shall be one hundred-twenty five dollars ($125.00) per year and fifty dollars ($50) for additional recreational water attractions. Permit fees for public or semipublic swimming pool facilities in 2021 and after shall be two hundred dollars ($200) per year and one hundred dollars ($100) for additional recreational water attractions.

(c) All permit fees shall be payable before April 1 of the operational year. A Fifty dollar ($50) late fee will be imposed for fees submitted after April 1 of the operational year.

SECTION 3. GENERAL REQUIREMENTS

3.1 Incorporated Reference

(a) All public or semipublic swimming pool facilities operated in Vanderburgh County shall comply with the requirements and the amendments thereto of:

(1) 410 IAC 6-2.1;

(2) 675 IAC 20-1;

(3) 675 IAC 20-2;

(4) 675 IAC 20-3; and

(5) The Virginia Graeme Baker Pool and Spa Safety Act

3.2 Water Quality and Disinfection/Filtration

(a) Public or semipublic swimming pool facilities, other than beaches, when open for use, shall be continuously disinfected and filtered. A free residual equal to the requirements of 410 IAC 6-2.1-30 (b) shall be maintained throughout the public or semipublic swimming pool facility. Whenever the residual disinfection concentration falls below the minimum requirement or exceeds the maximum concentration the public or semipublic swimming pool facility shall be cleared and kept free of users until that minimum concentration has been restored.

(b) Operators of public or semipublic swimming pool facilities shall arrange for the collection and bacteriological examination by an Indiana State approved laboratory for at least one (1) sample of the water within the public or semipublic swimming pool facility each week. A copy of each water sample report shall be submitted to the Health Department by the pool Owner or Operator within four (4) days of receiving such report from the laboratory. Such sampling shall begin at least one (1) week prior to the opening of the swimming pool facility. No public or semipublic swimming pool facility shall be permitted to open until a water sample meeting the criteria set forth in 410 IAC 6-2.1-31(g) has been submitted to the Health Department. Failure to collect and analyze weekly water samples or failure to report the result of the analysis during the period the public or semipublic swimming pool facility is open for use will be considered an unsatisfactory report for the applicable week.

(c) If two (2) consecutive samples or three (3) samples within a six week period fail to meet the water quality standards found in 410 IAC 6-2.1-31 (g), it shall be grounds for the Health Department to close the public or semipublic swimming pool facility.

(d) When the public or semipublic swimming pool facility is closed due to unsatisfactory water quality, the swimming pool shall not reopen until laboratory testing shows an additional sample from the public or semipublic swimming pool facility is satisfactory.

(e) Public and semipublic swimming pool facility water shall be tested for the following:

(1) PH and disinfectant residuals daily before the pool is open for use and at least one (1) other time during the hours of pool use.

(2) Combined chlorine at least twice a week when chlorine is used.

(3) Total alkalinity at least once a week.

(4) Cyanuric acid, when it is used, at least once a week.

(f) Spa water shall be tested for pH and disinfectant residuals daily before the Spa is open for use and at least two (2) other times during the hours of Spa use for the following:

(1) Combined chlorine concentration, when chlorine is used, at least twice a week.

(2) Total alkalinity at least once a week.

(g) All results shall be recorded.

(h) If electronic monitoring devices are used, the accuracy of the device must be checked as required by the manufacturer or compared for accuracy at least once per week with a test kit. Use of oxidation reduction potential (ORP) controllers does not negate the manual daily testing requirement for disinfectant residuals.

(i) A public or semipublic swimming pool facility shall be closed for at least one (1) hour following the manual addition of chemicals directly to the water.

(j) Any chemical used to treat the water in a public or semipublic swimming pool facility must be used in accordance with product label directions.

(k) The water in a public or semipublic swimming pool facility shall have sufficient clarity at all times so that a black disc, six (6) inches in diameter, is readily visible when placed on a white background in the deepest area of the facility.

(l) Visible debris within the public or semipublic swimming pool facility’s bottom and walls shall be removed every twenty-four (24) hours or more frequently as required.

(m) All components of the filtration/disinfection system within the public or semipublic swimming pool facility shall be properly maintained.

(n) All make up water supply lines within the public or semipublic swimming pool facility shall be protected against backflow/back siphonage. All wastewater shall be discharged through a suitable Air Gap.

(o) To ensure adequate filtration and disinfection, a suitable means to measure the flow of water through the filtration/disinfection system within the public or semipublic swimming pool facility shall be provided.

(p) The recirculation system within a public or semipublic swimming pool facility shall be maintained in accordance with the following:

(1) The Turnover Rate for Spas shall be once every half hour.

(2) For public and semipublic swimming pools, except Spas, built before September 13, 1989, the Turnover Rate shall be the lesser of the following times:

(a) Eight (8) hours.

(b) The maximum pool capacity in gallons, divided by the maximum bather load, divided again by one hundred eight (108) gallons per hour per user.

(q) In all other public or semipublic swimming pools built on or after September 13, 1989, the Turnover Rate shall be as follows:

POOL TYPE	TURNOVER RATE
Wading pools	1 hour
Wave pools	2 hours
Zero depth pools	2 hours
Pools with wading areas	2 hours
Competition pools	6 hours
Diving pools	12 hours
All other pools	6 hours

3.3 Record Keeping

(a) Operating records shall be kept on the standardized Vanderburgh County public and semipublic swimming pool facility operations log sheet or other means provided the required information is recorded.

(b) Operating records for the public and semipublic swimming pool facility shall be in compliance with 410 IAC 6-2.1-38.

(c) Operating records for the public and semipublic swimming pool facility shall be kept for a minimum period of two (2) years.

(d) An injury/incident report using a form prescribed by the Health Department shall be made to the Health Department within three (3) days of such incident for each occurrence that:

(1) results in death;

(2) requires resuscitation;

(3) results in transportation to the hospital or other facility for medical treatment;

(4) results in an illness connected to the water safety quality at the pool; and

(5) a copy of the injury/illness report shall be forwarded to the Indiana State Department of Health within ten (10) days thereafter.

3.4 Public or semipublic swimming Pool Facility Safety

(a) Any public or semipublic swimming pool facility operated primarily for unorganized use and having an area of more than two thousand (2,000) square feet of water surface area shall be provided with an elevated lifeguard platform(s) or chair(s). Such lifeguard platforms or chairs shall be placed in locations which eliminate sun glare and will allow complete visual coverage of the pool bottom within a field of view no greater than forty-five degrees (45 °) on either side of a line of sight extending straight out from the chair. In pools with four thousand (4,000) square feet or more of water surface area additional lifeguard platforms or chairs shall be provided to insure complete visual coverage of the public or semipublic swimming pool facility bottom.

(b) Lifesaving and safety equipment required.

(1) Not less than one (1) unit of life saving equipment shall be provided at every public or semipublic swimming pool facility other than spray pads. For each additional two thousand (2,000) square feet of water surface area or major fraction thereof, one (1) additional unit of lifesaving equipment shall be provided. Each unit of lifesaving equipment shall consist of all of the following:

(i) A ring or throwing buoy not more than twenty (20) inches in diameter with enough weight for accurate throwing fitted with a one-fourth (1/4) inch diameter line equal in length to the width of the swimming pool and not to exceed forty-five (45) feet in length;

(ii) For swimming pools with a surface area of two thousand (2,000) square feet or more, a rescue tube or ring buoy shall be provided for each lifeguard on duty;

(iii) A life pole, or Shepherd’s crook type of pole, having blunt ends with a minimum length of twelve (12) feet.

(c) A spine board with straps and head immobilizer shall be readily available for each swimming pool enclosure while the pool is open for use, except for Spas and wading pools.

(d) Lifesaving equipment shall be mounted in conspicuous places distributed around the deck and at the lifeguard chairs. It shall be readily accessible, within twenty (20) feet of the swimming pool, its function plainly marked, and kept in good repair and ready condition. Swimmers or any other person shall not tamper with or remove such equipment for any purpose other than the intended emergency use.

(e) Every public and semipublic swimming pool facility shall be equipped with two (2) blankets and a readily accessible standard first aid kit, complying with 410 IAC 6-2.1-34(d). The first aid kit shall be kept filled and ready for use.

(f) A properly connected, readily accessible, working telephone must be located within two hundred (200) feet of the public and semipublic swimming pool facility. Emergency telephone numbers, or instructions to call 9-1-1, must be posted within the view of any person using said telephone. If the telephone is not located within the swimming pool facility enclosure, a suitable sign shall be posted within the enclosure stating the location. Cellular or portable telephones shall not be used for this purpose.

(g) Depth markings for the public or semipublic swimming pools shall conform to 675 IAC 20-2.

(h) A removable buoyed transition line, anchored at both ends shall separate the shallow area defined at five (5) feet or less from the deeper swimming pool area, except when the swimming pool is being used for organized swimming activities whereby the line would interfere.

(i) All disinfection and filtration equipment and other areas associated with public or semipublic swimming pool facilities shall be maintained free of defects, safety hazards and in proper working order.

(j) If a public or semipublic swimming pool facility is operated after dusk, lighting shall be provided at the public or semipublic swimming pool facility to completely illuminate the pool’s surface area, deck area, and the pool bottom at the deepest point. The bottom of the pool at the deepest point must be illuminated so that the main drain or a black disc, six (6) inches in diameter placed at the deepest part of the pool, is readily visible from the deck area. Lighting shall operate after dusk whenever the public or semipublic swimming pool is open for swimming purposes.

(k) Public and semipublic swimming pool facilities shall maintain proper signage as required by 410-IAC-6-2.1.

(l) Food and drink may be permitted only in the visitor spectator area of the public pool. Drinks in unbreakable containers will be allowed on the pool deck area.

3.5 Water Attractions

(a) Disinfectant levels for Interactive Water Features shall be maintained at:

• 2 ppm of chlorine

• 4 ppm of bromine

• pH shall be maintained between 7.2 and 7.8

(b) Water Attractions shall be maintained and operated in accordance with their design and in a manner that prevents health and safety hazards.

3.6 Swimming Beaches

(a) Swimming beaches shall have a water surface area of at least one (1) acre.

(b) A minimum of twenty-five (25) square feet of water surface per bather shall be provided in areas having a water depth less than four (4) feet.

(c) At least seventy-five (75) square feet of water surface per bather shall be provided in areas over four (4) feet deep.

(d) A minimum of thirty-five (35) square feet of land area shall be provided per user.

(e) The swimming beach, from the shoreline out to a water depth of six (6) feet, shall consist of sand or pea gravel or other material to minimize turbidity.

(f) Floating marker lines securely anchored with buoys, spaced at intervals of no more than twenty-five (25) feet, shall be provided to designate the perimeter of the swimming area. Marker lines shall delineate the separation between the shallow (less than five (5) feet), deep, and diving areas. Depth markers shall be provided at diving areas.

(g) Toilet facilities shall be provided within five hundred (500) feet of the swimming beach, in the ratio of one (1) toilet for each fifty (50) bathers. Where flush toilets are provided, lavatories shall be provided in the ratio of one (1) lavatory for each fifty (50) bathers.

(h) Water samples shall be collected at the swimming beach for bacteriological examination and submitted to an approved laboratory for analysis. Samples shall be submitted in accordance with the following:

1. One (1) sample at least two (2) weeks prior to opening.

2. One (1) sample each week the swimming beach is open thereafter.

3. One (1) sample after a heavy rainfall of at least one-half (1/2) inch.

(i) Swimming beach samples shall be collected within one (1) foot of the surface, in water having a depth of at least three (3) feet, but no more than six (6) feet and at least twenty (20) feet from swimmers and animals.

(j) The swimming beach shall be closed if the beach water quality does not meet the following water quality standards:

1. Escherichia coliform bacteria, using the membrane filter count, exceeds one hundred twenty-five (125) colonies per one hundred (100) milliliters as a geometric mean based on no less than five (5) samples equally spaced over a thirty (30) day period.

2. Escherichia coliform bacteria using the membrane filter count exceeds two hundred thirty-five (235) colonies per one hundred (100) milliliters in any one (1) sample in a thirty (30) day period.

3. The water has aquatic vegetation, deposits, growths, oil, grease, chemicals, or other substances capable of creating toxic reactions, skin, or membrane irritations, or a health or safety hazard.

(k) A copy of each water sample report shall be submitted to the Health Department by the Owner or Operator within four (4) days of receiving such report from the laboratory.

(l) The minimum safety equipment required at all swimming beaches shall include:

1. A rescue tube; and

2. A ring buoy with an attached rope at least forty-five (45) feet in length.

(m) Safety equipment shall be kept clean, in good repair, and ready for use.

3.7 Tourist Homes, Bed & Breakfast & Spa Pools

(a) Tourist Homes, Bed & Breakfast & Spa Pools shall comply with 410 ICA 6-2.1-42.1.

3.8 Interactive Water Features

(a) Potable water that meets the provisions of 327 IAC 8-2 shall be used.

(b) All public and semipublic swimming pool facilities shall disinfect recirculated water. A minimum concentration of 2.0 ppm chlorine or 4.0 ppm bromine, with secondary disinfection of ultraviolet light or ozone and a pH in the range of 7.2-7.8 must be maintained.

(c) All public and semipublic swimming pool facilities shall filter the recirculated water. The same filter serving a swimming pool or other water recreation facility shall not be used to filter the water from an interactive water fountain.

(d) Both the design and operational procedures of a public and semipublic swimming pool facility must be tested to make sure that trip hazards are prevented.

(e) Any grates on the deck pad of a public and semipublic swimming pool facility must be kept secured and in good repair.

(f) All public and semipublic swimming pool facilities must flush any materials or contaminants off the surface of the spray pad daily prior to opening. Clean more thoroughly, if necessary. Both the design and operational procedures should assure that the water used for pre-opening cleaning is discharged to waste.

The following signs shall be posted at all public and semipublic swimming pool facilities:

• Do not use if you have had diarrhea within the last two (2) weeks.

• No pets allowed.

• No glass or sharp objects are allowed on the spray pad.

• Do not drink the water.

• Children who are not toilet trained must use swim diapers covered by rubber pants with tight fitting elastic at the waist and legs.

3.9 Supervision

(a) All public and semipublic swimming pool facilities shall be under the supervision of a responsible individual who shall assume responsibility for compliance with this Ordinance and those provisions incorporated by reference herein. At least one responsible person shall be on call whenever the public or semipublic swimming pool facility is open. A person who is in charge of supervision shall be responsible for all facility operations and must be available to respond to a problem within a reasonable period of time.

(b) One (1) or more qualified lifeguards, meeting the qualifications outlined in 410 IAC 6-2.1-35 (a), shall be on duty at pool side at all public and semipublic swimming pools operated primarily for unorganized use and having an area of more than two thousand (2000) square feet of water surface area when the swimming pool is open. A sufficient number of lifeguards must be on duty to maintain a patron load of not more than seventy-five (75) persons per lifeguard. This shall not apply to swimming pools with less than two thousand (2000) square feet of water surface area exclusively serving a motel, apartment complex, condominium, hotel or similar occupancy which is in compliance with 410 IAC 6-2-6 (h).

SECTION 4. RIGHT OF ENTRY; INSPECTION

4.1 Right of Entry

(a) The County Health Officer shall be authorized to conduct such inspections as deemed necessary to insure compliance with all provisions of this Ordinance and shall have the right of entry at any reasonable hour to the public or semipublic swimming pool facility for this purpose.

4.2 Inspection Report

(a) A written inspection report will be issued at the time of the inspection, noting any violation found and setting a reasonable amount of time for correction to be made. A reinspection will be made to insure compliance and corrections.

SECTION 5. IMMEDIATE CLOSURE: Critical Violations

5.1 Conditions for Immediate Closure

(a) Public and semipublic swimming pool facilities shall be closed when any of the following hazardous conditions occur:

1. The amount of residual disinfectant is less than the minimum or greater than the maximum amount specified in 410 IAC 6-2.1-30 (b).

2. The microbiological quality of the Public Swimming Facility water is not in compliance 410 IAC 6-2.1-31(g) or Section 3.6(j).

3. The bacteriological examination shows positive for one (1) or more Escherichia Coli organisms per one hundred (100) milliliter sample.

4. The clarity of the public or semipublic swimming pool facility water does not comply with the provisions of 410 IAC 6-2.1.30 (a).

5. Lifeguards are not on duty as required in Section 3.9(b)

6. The recirculation/disinfection system of the public and semipublic swimming pool facility is not functioning properly.

7. The public and semipublic swimming pool facility is not in compliance with the safety or lifesaving/life guarding equipment requirements specified in 410 IAC 6-2.1-(34) & (35).

8. If the department determines a condition, situation, or installation is created, installed or maintained that may:

(a) cause or result in a health or safety hazard; or

(b) cause or transmit disease.

9. The public and semipublic swimming pool facility’s main drain grate is missing or broken.

10. A non-solid fecal accident occurs at the Public and semipublic swimming Facility.

11. Spa water temperature exceeds 104 degrees F.

5.2 Closure

(a) The Operator must close any public or semipublic swimming pool facility whenever any of the hazardous conditions outlined herein occur. Such public or semipublic swimming pool facility shall not be reopened for use until the hazardous condition(s) have been corrected.

5.3 Failure to Close

(a) If a public or semipublic swimming pool facility Operator fails to close a public or semipublic swimming pool facility as required herein, the Health Department may take appropriate action to ensure the public or semipublic swimming pool facility is closed until the hazardous condition(s) is corrected.

(b) Appropriate action may include any of the following but is not limited to;

a. Posting closure notices in prominent areas of the public or semipublic swimming pool facility;

b. Citation without the notification required in 6.2; or

c. Any other remedy or action provided by state or local law or any other Vanderburgh County ordinance.

SECTION 6. ENFORCEMENT; NOTICE; VIOLATION; PENALTIES

6.1 Enforcement

(a) Enforcement of this Ordinance shall be by the Vanderburgh County Health Department.

6.2 Notice

(a) If the Health Department determines that there are reasonable grounds for a violation of this Ordinance, notice of such alleged violation shall be given to the Owner, Operator, or the Owner or Operator’s authorized agent of the public or semipublic swimming pool facility.

(b) Such notice shall:

(1) Be in writing;

(2) include a statement of the violation(s);

(3) Set forth a time table for correction of the violation(s); and

(4) Include a statement of civil penalties for noncompliance with such notice.

(1) Personal delivery to the Owner, agent, or Operator;

(2) Posting such notice in a conspicuous place in or about the public or semipublic swimming pool facility;

(3) Registered mail to the Owner’s last known address. Registered mail shall be considered served when a signed receipt is returned to the Health Department or if the letter is returned refused or unclaimed by the addressee; or

(4) If service options 1,2 and 3 are unsuccessful or impractical, the Health Department shall give notice of the violation by publication two (2) times at least one (1) week apart in the Evansville Courier and Press. If service of the notice is to be made by publication, such notice must include all information required by Section 6.2(b).

6.3 Violations

(a) It shall be a violation of this Ordinance for any person to operate a public or semipublic swimming pool facility in Vanderburgh County, Indiana in a manner that threatens the health or safety of any person or threatens the general health and safety of the public.

(b) It shall be a violation of this Ordinance for any person to operate a public or semipublic swimming pool facility in Vanderburgh County, Indiana that is not in compliance with this Ordinance.

6.4 Civil Penalties

(a) Any person who fails to correct a non-critical violation of this Ordinance after notification pursuant to Section 6.2 shall be subject to a civil penalty of One Hundred Dollars ($100.00) for the first violation in any twelve (12) month period, a civil penalty of One Hundred Fifty Dollars ($150.00) for a second violation in any twelve (12) month period, and a civil penalty of Two Hundred Fifty Dollars ($250.00) for a third or subsequent violation in any twelve (12) month period.

(b) Any person who fails to immediately close the public or semipublic swimming pool facility due to a critical violation under Section 5 shall be subject to a civil penalty of twenty-five hundred dollars ($2500.00).

(c) Each day a violation exists shall be considered a separate violation and a monetary civil penalty may be assessed for each day a violation exists.

(d) In addition to the penalties prescribed above, this Ordinance may be enforced pursuant to any other remedy or action provided by state or local law or any other Vanderburgh County ordinance.

6.5 Private Swimming Pools

(a) Nothing in this Ordinance shall be construed as applying in any way to a swimming pool constructed at a single family dwelling located within Vanderburgh County and maintained for the sole use of those residing in such household and the house guests of such single family dwelling.

6.6 Severability

(a) Should any word, sentence, or section of this chapter be declared invalid, the remainder of the Ordinance shall remain enforceable.

(Ord. 01-20-002, amended, 1/28/2020; Ord. 05-12-004, added, 6/19/2012)