In this subtitle, the following terms have the meanings indicated. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person” also includes, except as used in <cite data-path="|health|§11-318">§ 11-318 {“Penalties”} of this subtitle</cite>, a governmental entity or an instrumentality or unit of a governmental entity. “Public swimming pool” means:any swimming pool, other than as specified in paragraph (3) of this subsection, intended to be used collectively by individuals, regardless of whether a fee is charged for that use; and all buildings and appurtenances used in connection with that swimming pool. “Public swimming pool” includes:any community or apartment-complex swimming pool; any hotel or motel swimming pool; any school swimming pool; any recreational center swimming pool; and any swimming pool owned or operated by a public or private club. “Public swimming pool” does not include any swimming pool that is:located on private property; under the control of the owner or lessee of that property; and used only by the family and guests of that owner or lessee, without payment of any fee. City Code, 1976/83, art. 11, §245 (parts) City Code, 1976/83, art. 19, §184(f) Ord. 99-548 Ord. 22-125

This subtitle applies to all public swimming pools and to the buildings and appurtenances used in connection with them. City Code, 1976/83, art. 11, §244(b) Ord. 99-548

The rules and regulations that the Commissioner adopts under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> may include criteria, standards, and regulations for the design, operation, and maintenance of public swimming pools. With the approval of the Board of Estimates, the Commissioner may establish fees for:the licenses issued under this subtitle; and the inspections and other services performed by the Commissioner in connection with the regulation of public swimming pools. The Commissioner may inspect a public swimming pool as necessary or appropriate to assure compliance with the requirements of this subtitle and the rules and regulations adopted under it. City Code, 1976/83, art. 11, §246(a), (b), (d) Ord. 99-548

No person may operate any public swimming pool in the City without a license to do so from the Commissioner of Health. City Code, 1976/83, art. 11, §247(a) Ord. 99-548

The application for a license must: be in the form that the Commissioner requires; and contain the information that the Commissioner requires. Ord. 99-548

The Commissioner must issue a license to the applicant if: the public swimming pool complies with the criteria, standards, and regulations adopted by the Commissioner; and the applicant:has complied with all other applicable laws, rules, and regulations; and pays the applicable license and inspection fee. City Code, 1976/83, art. 11, §247(e) Ord. 99-548

Public swimming pool licenses are issued on an annual or seasonal basis. Unless sooner suspended or revoked, an annual license expires on the 1^st anniversary of its effective date. Unless sooner suspended or revoked, a seasonal license is valid from May 1 to October 1. The application for a seasonal license must be submitted by April 1 of each year. City Code, 1976/83, art. 11, §247(b), (c) Ord. 99-548

A license may not be transferred from place to place or person to person. City Code, 1976/83, art. 11, §247(f) Ord. 99-548

Subject to the hearing provisions of Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>, the Commissioner of Health may suspend or revoke any license issued under this subtitle if the licensee: has withheld or falsified any information; or neglects, refuses, or otherwise fails to comply with any provision of:this subtitle; or a rule or regulation adopted under this subtitle. City Code, 1976/83, art. 11, §§246(c), 249(a) Ord. 99-548

If the Commissioner discovers a violation that represents a health or safety hazard to users of a pool, the Commissioner may issue an order of immediate suspension to the licensee. An order issued under this section must:cite the violation; specify the corrective action to be taken; and order all swimming operations to be discontinued immediately. The notice must also state that a hearing will be provided to the licensee under Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>, if one is requested. City Code, 1976/83, art. 11, §248 Ord. 99-548

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}. The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 99-548

Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 6 months or to both fine and imprisonment for each offense. Each day that a violation continues is a separate offense. City Code, 1976/83, art. 11, §250 Ord. 99-548