HAR §11-10-4. Permit to operate

(a) No person shall operate or maintain a public swimming pool unless a permit to operate has been obtained from the department. The permit shall be valid for five years unless revoked or suspended for cause. (b) Any person desiring to operate or maintain a public swimming pool shall submit an application for a permit on a form designated by the department. (c) The director shall ascertain if the applicant is in compliance with this chapter by reviewing data demonstrating that the public swimming pool is performing as designed, reviewing the public swimming pool’s operation and maintenance procedures, reviewing the public swimming pool’s emergency response to accident procedures, and where applicable, reviewing and approving the public swimming pool’s monitoring plan. When the director has determined that the public swimming pool satisfies the requirements of this chapter, a permit shall be issued to the applicant by the director after the department receives a permit fee of $50. (d) The permit shall be non-transferable. (e) A valid permit shall be posted in a conspicuous place within the confine of the public swimming pool, at the bathhouse, or in the office of the pool manager. (f) Subsequent to the permit being issued, the director shall have the right of entry to perform inspections of the public swimming pool and to arrange for collection and examination of water samples from the public swimming pool to ensure compliance with this chapter. Any and all subsequent inspections may be conducted solely at the discretion of the director. (g) A permit renewal application shall be submitted at least one hundred eighty days prior to expiration of the permit. The director shall review the public swimming pool’s operation and maintenance records, review the public 7 swimming pool’s emergency response records, and where applicable, review data resultant from the public swimming pool’s monitoring plan. When the director has determined that the public swimming pool continues to satisfy the requirements of this chapter, the permit shall be renewed by the director after receipt by the department of a renewal permit fee of $50. (h) Failure of the director to act on a completed application for permit or permit renewal within one hundred eighty days of the receipt of the application shall be deemed an approval of the application; provided that the applicant acts consistently with the application process. [Eff JUL 15 2002 ][Auth: HRS §§321-10, 321-11][Imp: HRS §321-11]