Okla. Admin. Code § 310:320-5-6.1

Current through Vol. 42, No. 7, December 16, 2024

Section 310:320-5-6.1 - Application guidelines for licenses to operate public bathing places

(a)Applicant requirements. 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)Application contents. 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)Fee. The fee shall be made payable to the Oklahoma State Department of Health.

(d)Facility definition.

(1) A public bathing facility, for permitting purposes, will be a single swimming pool, spa, water slide, or other bathing unit.

(2) 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.

(e)Applicant identification.

(1) 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 part (B), 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 part (C) above.

(2) 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.

(3) The application form also requires that 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 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.

Okla. Admin. Code § 310:320-5-6.1

Adopted by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022