§ 66-68. Hydrotherapy, whirlpool, spa pools.

(a)

Definitions. As used in this section:

Health department means the county health department.

Hydrotherapy, whirlpool, or spa pool means any pool having a maximum depth of 48 inches to be used exclusively in conjunction with high velocity air and/or high velocity water recirculation systems, utilizing hot, cold, or ambient temperature water, either mineral or nonmineral in nature.

Private hydrotherapy, whirlpool, or spa pool means a hydrotherapy, whirlpool, or spa pool used only by an individual citizen and his family or house guests and shall not include any type of cooperative housing or joint tenancy of five or more families.

Public hydrotherapy, whirlpool, or spa pool means a hydrotherapy, whirlpool, or spa pool that is not a private hydrotherapy, whirlpool, or spa pool.

(b)

Purpose. The purpose of this section is to protect the health, safety, and general welfare of the citizens of the county and to prevent disease and injury through the maintenance of sanitary health conditions at public hydrotherapy, whirlpool and spa pools. In order to accomplish the foregoing purpose, it is deemed necessary to establish a system of permits for the operation and maintenance of public hydrotherapy, whirlpool and spa pools.

(c)

Prohibitions and duties.

(1)

No person shall operate or maintain any public hydrotherapy, whirlpool or spa pool without first obtaining and maintaining on a current basis a valid permit from the health department.

(2)

No construction, extension, or alteration of a public hydrotherapy, whirlpool or spa pool shall take place before the complete plans for such establishment showing existing and proposed facilities have been approved and an initial operating permit obtained in writing from the health department.

(3)

Any public hydrotherapy, whirlpool, or spa pool shall be exempted by the health department from the provisions of subsections (c)(1) and (c)(2) of this section upon presentation of proof that such pool is under the direct supervision of a licensed medical, osteopathic, podiatric, naturopathic, or chiropractic physician. Such proof shall be updated or renewed by June 1st of each calendar year.

(4)

Permits issued under this section shall not be transferable from one person to another or from one physical location to another unless written permission is first obtained from the health department.

(5)

Permits issued under this section shall be conspicuously displayed at the location of the business office of the person holding the permit.

(d)

Inspections and permits.

(1)

The health department shall inspect the applicable facilities and equipment of each applicant for a permit under this section prior to issuing such permit.

(2)

The health department regularly shall inspect the operations and the applicable facilities and equipment of each person holding a permit required by this section, but in no case less than once each year.

(3)

The health department shall issue a permit to each applicant or renewal applicant who meets the minimum requirements for the maintenance and operation of hydrotherapy, whirlpool or spa pools and who pays any required service fees; it shall deny permits to all other applicants. "Minimum requirements for the maintenance and operation of hydrotherapy, whirlpool and spa pools" shall mean all requirements set by state law; by regulations adopted thereunder, including but not limited to chapter 64E-9 of the Florida Administrative Code; and by county and municipal ordinances; all of which are hereby adopted by reference as part of this section.

(4)

Permits under this section shall be valid for the length of time issued, but in no case for more than one year.

(e)

An annual operating permit and accompanying fee is required for all public hydrotherapy, whirlpool, or spa pools as defined by this chapter.

(f)

The following additional permits and fees shall be required for all public hydrotherapy, whirlpool, or spa pools exempted from regulation by the department of health pursuant to the provisions of F.S. ch. 514:

(1)

Any new construction for all public hydrotherapy, whirlpool, or spa pools shall not commence until a construction permit is obtained through the county health department; and

(2)

An initial operating permit shall be required before any person may begin use of any public hydrotherapy, whirlpool, or spa pool; and

(3)

An annual operating permit fee shall be due in addition to the operating fee charged in (a) above.

(g)

All fees for permits shall be set by the board of county commissioners pursuant to resolution.

(h)

Areas embraced. All territory within the legal boundaries of Pinellas County, Florida, including all incorporated and unincorporated areas, shall be embraced by the provisions of this section.

(Ord. No. 79-31, §§ 1—4, 7, 10-2-79; Ord. No. 97-66, § 6, 8-12-97)

Charter reference

Conflicts between county and municipal ordinances, §§ 2.01, 2.04.