§ 66-39. Inspections and permits.

(a)

The health department shall inspect the facilities of each applicant for a permit under this division prior to issuing any of the required permits.

(b)

The health department regularly shall inspect the operations and facilities of each person holding a permit required by subsection 66-38(a), but in no case less than once each year.

(c)

The health department shall issue a permit under this division to each applicant or renewal applicant who meets the minimum requirements set by law and shall deny permits to those applicants who do not meet such requirements. "Minimum requirements set by law" shall mean all requirements set by F.S. ch. 514; regulations adopted as found in the Florida Administrative Code 64E-9; and county ordinances, as amended.

(d)

Any conflicts between the other provisions of this Code and the F.S. ch. 514 and the Florida Administrative Code 64E-9 shall be resolved in favor of this Code. Compliance with all provisions and any future amendments thereto is required hereby as if said provisions were herein set forth in full. However, pools not to be used for and expressly prohibiting diving may be of any width and length.

(e)

An applicant may apply for a variance from any specific requirement mandated under subsection 66-39(c) of this Code. The Pinellas County Swimming Pool Board for Examining Adjustments and Appeals shall review any variance application under this subsection. The Board may vary the application of any provision of this Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code or the technical codes or public interest, and the board also finds all of the following:

(1)

There are special conditions and circumstances that exist which are peculiar to the building, structure, service system, or individual involved.

(2)

That the special conditions and circumstances do not result from the action or inaction of the applicant.

(3)

That the variance granted is the minimum variance that will resolve the issue.

(4)

That the granting of the variance will be in harmony with the general intent and purpose of the law and will not be detrimental to the public health, safety, and general welfare.

(f)

In order to stagger the processing of permits throughout the year, a permit issued under this division to any new applicant may be valid for any specific period up to one year. Permits issued thereafter shall be valid for a period of one year.

(g)

The health department shall collect a fee for each permit issued under this division, at rates set by the board of county commissioners or as otherwise set by law. If a permit is issued for less than a full year, the fee shall be prorated.

(Ord. No. 74-8, § 4, 7-30-74; Ord. No. 84-12, § 3, 5-1-84; Ord. No. 97-66, § 3, 8-12-97; Ord. No. 10-66, § 4, 11-30-10)