The Drinking Water and Municipal Assistance Division, Department of Environmental Quality (MDEQ), has the responsibility for issuing the annual licenses for public swimming pools (including spas, leisure pools, activity pools, water slide pools, and lazy rivers). A license must be obtained prior to opening the pool for public use. Licenses are issued by the MDEQ on an annual basis.
A. NAME OF PERMIT OR APPROVAL:
Public Swimming Pool License
B. STATUTORY AUTHORITY:
Sections 333.12527, Public Health Code, Public Act 368 of 1978, as amended
C. APPLICABLE REGULATION:
D. SUMMARY OF PERMIT/APPROVAL PROCESS:
"Public swimming pool" means an artificial body of water used collectively by a number of individuals primarily for the purpose of swimming, wading, recreation, or instruction and includes related equipment, structures, areas, and enclosures intended for the use of individuals using or operating the swimming pool such as equipment, dressing, locker, shower, and toilet rooms. Public swimming pools include those which are for parks, schools, motels, camps, resorts, apartments, clubs, hotels, mobile home parks, subdivisions, waterparks, and the like. A pool or portable pool located on the same premises with a 1-, 2-, 3-, or 4-family dwelling and for the benefit of the occupants and their guests, a natural bathing area such as a stream, lake, river, or man-made lake or pond that uses water from natural sources and has an inflow and outflow of natural water, an exhibitor's swimming pool built as a model at the site of the seller and in which swimming by the public is not permitted, or a pool serving not more than 4 hotel, motel, apartment, condominium, or similar units is not a public swimming pool. A public swimming pool license is required before opening all new public swimming pools or existing pools that have been modified.
A public swimming pool license application must be submitted along with the appropriate fee to the MDEQ Cashier's Office at the address indicated on the license application.
The applicant must submit an application (EQP 1706) for approval. The applications are pre-printed and mailed in November of each year. The applicant must obtain an approval to operate the public swimming pool through an inspection before a license can be issued.
The owner/operator of the public swimming pool must demonstrate maintenance and operation of the pool, pool equipment, and pool facilities is in compliance with administrative rules R 325.2191 through R 325.2199. The annual inspection is conducted for this purpose. Specific operating requirements are contained in the swimming pool inspection report (EQP 1735), and can be viewed at the swimming pool program website.
The initial license fees for a new swimming pool are changed every three years in accordance with the Consumer Price Index, and the fees beginning in 2005 range from $550 to $1000 depending on the size of the pool. The renewal license fee also changes every three years starting with a fee of $55 in the year 2005 if the fee is paid prior to December 31. A late fee of $100 is added for application received after December 31 through April 30. An additional lapsed fee of $50 is added for applications submitted after April 30. The replacement license fee for transfer to another person is $50. The current licensing fees are posted on the program website.
An informal conference and then a contested case hearing under the Administrative Procedures Act, 1969 PA 306, as amended, provides the means of appeal for a license denial or revocation action initiated by the DEQ.
Public input is considered through complaints that are investigated by Local Health Departments on an on-going basis. All inspection results of the Local Health Department are reviewed by staff of the DWMAD on an annual basis, and licenses are based upon that review or other relevant information. The best timing for public comment would be concurrent with the annual review, which takes place at the beginning of each calendar year.
E. ADMINISTERING AGENCY:
Department of Environmental Quality, DWMAD, 525 West Allegan Street, P.O. Box 30273, Lansing, Michigan 48909-7773