SECTION 310:320-5-6. Application guidelines for permits to construct and licenses to operate public bathing places

(a)   An applicant shall be an owner/operator of the public bathing place, as defined in 63 O.S. Section 1-1013 et. Seq. complying with the requirements of this chapter, agree to permit access to the public bathing places, provide required information, and pay the applicable license fee and submit application on a form provided by the Department.

(b)   The application shall include:

(1)   The name, mailing address, telephone number, approximate number of employees, and signature of the person applying for the license and the name, mailing address and location of the public bathing places;

(2)   Information about the legal entity for the public bathing places; and

(3)   Information about the type of public bathing places.

(c)   The license holder shall comply with all provisions of OAC 310:320-3-2.

(d)   Fee. The fee (see Fee Schedule, Regulations Section 310:320-5-5) shall be made payable to the Oklahoma State Department of Health.

(e)   Facility definition.

(1)   A public bathing facility, for permitting purposes, will be:

(A)   A single swimming pool, spa, water slide, or other bathing unit, or

(B)   A complex of two (2) or more such units with deck areas in common, "deck" being used in the same context as in the Public Bathing Place Standards, or,

(C)   A complex of such units with water in common such as indoor and outdoor pools connected by a channel.

(2)   For the purpose of allocating permit fees, a single fee and permit will apply in each of the above cases 1 through 3. A new permit and fee will apply for a new bathing unit added later to an existing facility, and for a major modification of an existing unit.

(f)   Applicant identification.

(1)   Title 63 Oklahoma Statutes, (Public Health Code), Section 1-1017 states, in part "...plans and specifications shall be accompanied by an application for permit, and both the plans and specifications and the application shall bear the signature of the person for whom the work is to be done." (Emphasis added.)

(2)   The Department of Health interprets this to mean the owner or an authorized agent of the owner. The application may take these forms:

(A)   Applicant is the owner and signs as such.

(B)   Applicant is an authorizing officer of the organization which is the owner; the full name of the organization and the signer's title must be supplied.

(C)   Application includes a letter from the owner (or from an officer as in #2, or from an authorized agent of the owner) authorizing the applicant to act on his behalf for the purpose of obtaining the permit.

(D)   Application is signed "XXX, agent for YYY, owner." If there is any question whether "expediency" may have resulted in misrepresentation, the Department may require an authorizing letter as in #3 above.

(3)   If the application does not show whether the owner and/or agent is an individual, a partnership, or a corporation, processing of the permit will be delayed until this information is supplied.

(4)   The application form also requires that, if Item C-4 on the application is checked "No," information is to be provided on who will be responsible for the facility following completion of construction. In the case of joint ownership, such as a condominium or housing development, the applicant may state on the application that, for example, a homeowners association will own and operate the bathing facility. In such cases, a provision in the permit will assign this future responsibility accordingly, if no Affidavit of Responsibility is supplied with the application. In other cases (C-4 check "No"), there must be submitted with the application, a notarized Affidavit of Responsibility signed appropriately. The purpose of this is to remove any doubt that the responsible party is aware of its responsibility.

(g)   Non-applicable items. Items A, C-6, C-7, and all of page 3, may be ignored in the case of public bathing place permits, unless the facility is to be municipally owned.

[Source: Amended at 22 Ok Reg 2393, eff 7-11-05]