§ 23-22-6 - License required – Term of license – Application – Fee.
SECTION 23-22-6
§ 23-22-6 License required – Term oflicense – Application – Fee. – (a) No person shall maintain within this state a swimming pool until thatperson shall have obtained the appropriate license from the department.Licenses shall be of two (2) types, year-round or seasonal. The director, uponreceipt of an application for a license to operate a swimming pool, shall causethat swimming pool to be inspected and if the swimming pool is found to complywith the provisions of this chapter and the regulations adopted in accordancewith this chapter, shall issue a license upon receipt of a fee for a year-roundlicense, of two hundred fifty dollars ($250) for the first pool at one locationand seventy-five dollars ($75.00) for each additional pool at the samelocation, for a seasonal license of one hundred fifty dollars ($150) for thefirst pool at one location and seventy-five dollars ($75.00) for eachadditional pool at the same location. Seasonal licenses shall begin no soonerthan June 1, and expire on September 30 of the year issued and year-roundlicenses shall expire on December 31 of the year issued, unless sooner revokedfor violation of the provisions of this chapter or of the regulations adoptedin accordance with this chapter. Provided, however, every organization whichprovides recreational facilities for persons under the age of eighteen (18)years and which is exempt from income taxes pursuant to the provisions of 26U.S.C. § 501(c)(3), and which maintains a swimming pool shall pay a fee oftwenty-five dollars ($25.00) for a year-round license. The provisions of thischapter shall not apply to any swimming pool maintained by the state.
(b) No lifeguard shall be required for any pool licensed inthis chapter; provided, a lifeguard shall be on duty if the pool is used by aswim club or a group of unsupervised children who may have access to the pool.Operators of pools shall, when no lifeguard is on duty:
(1) Require an attendant and/or a mechanical system to limitaccess to guests and members only;
(2) Require a person trained in first aid to be physicallylocated in close proximity to the pool in question;
(3) Require the following signs to be posted in a conspicuousplace:
(i) NO LIFEGUARD ON DUTY – SWIM AT YOUR OWN RISK(minimum 4" letters in RED)
(ii) NO ONE UNDER 18 PERMITTED UNLESS ACCOMPANIED BY AN ADULT
(iii) ADULTS SHOULD NOT SWIM ALONE
(iv) A SCHEDULE OF POOL HOURS
(v) NO GLASS IN POOL AREA
(vi) NO RUNNING OR ROUGH HOUSING
(vii) NO DIVING
(viii) NO ANIMALS OR PETS
(4) Require, in the case of outdoor pools, in addition to theabove requirements, a fence with a lockable gate or door, a minimum of not lessthan six feet (6') in height, which completely surrounds the pool area.