Section 178-2-006 - OPERATION AND MANAGEMENT OF PUBLIC SWIMMING POOLS006.01PERMIT REQUIREMENTS AND PROCEDURES. Before operatinga swimming pool, a person must apply for and obtain an operating permit from the Department. The permit is not transferable and must be renewed annually. The permit expires at midnight of March 31 of each year unless otherwise suspended or revoked. The permit must be conspicuously posted on the pool premises. 006.01(A)OPERATING PERMIT. The owner or Nebraska swimming pool operator of a pool facility must apply for an operating permit on forms provided by the Department.006.01(B)OPERATOR COURSE. An individual wanting to obtain a certificate of competency from the Department, must attend a Nebraska swimming pool operator clinic, take an exam provided by the Department, and obtain a passing score of 70%. The individual must apply for a certificate of competency on forms provided by the Department.006.01(C)SCHEDULE OF FEES. Fees associated with operating permits, inspections, and certificates of competency are as follows: 006.01(C)(i)PERMIT FEE.A fee of $40 to obtain an annual operating permit must be paid by the owner of the pool.006.01(C)(ii)OPERATIONAL INSPECTION FEES. Operational inspection fees are separate from and in addition to the engineering inspection fee found in 178 NAC 2-003.04(D)(iv). Pools owned by a municipal corporation are exempt from inspection fees. 006.01(C)(ii)(1)INITIAL INSPECTION FEE. A fee of $60 for each initial inspection conducted by the Department must be paid by the owner or Nebraska swimming pool operator of any swimming pool at the time the permit application is submitted.006.01(C)(ii)(2)ADDITIONAL INSPECTION FEE. A fee of $60 for each additional inspection conducted by the Department must be paid by the owner or Nebraska swimming pool operator of any.swimming pool within 30 days of inspection.006.03(C)(iii)EXAMINATION AND CERTIFICATE OF COMPETENCY FEE. Individuals and Nebraska swimming pool operators who are tested at Nebraska swimming pool operator clinics conducted by the Department must pay an examination and certificate of competency fee of $40. The certificate is valid for 2 years from date of issuance. Nebraska swimming pool operator certificate of competency fees must be paid before issuance of the certificate.006.03(C)(iv)CERTIFICATION OF PERMIT OR CERTIFICATE OF COMPETENCY FEE. A fee of $25 must be paid to the Department for issuance of a certification of an operating permit or a Department issued Nebraska swimming pool operator certificate of competency.006.03(C)(v)VERIFICATION OF PERMIT OR CERTIFICATE OF COMPETENCY FEE. A fee of $5 must be paid to the Department for verification of an operating permit or a Department issued Nebraska swimming pool operator certificate of competency. The verification includes written confirmation as to whether a permit or certificate of competency was valid at the time the request was made.006.03(C)(vi)DUPLICATE PERMIT OR CERTIFICATE OF COMPETENCY FEE. A fee of $10 must be paid to the Department for a duplicate operating permit or Department issued Nebraska swimming pool operator certificate of competency.006.03(C)(vii)METHOD OF PAYMENT. The Department will accept payment by personal or certified check, cashier's check, money order, or currency. Checks must be made payable to the "Department of Health and Human Services". Payments made in currency, until properly receipted, are not the responsibility of the Department. The Department will not accept payments made in stamps, foreign currency, or third party endorsed checks.006.03(C)(viii)REFUNDS. The Department will not refund any fee paid for which the applicable service has been performed except in cases of mistake or fraud.006.03(C)(ix)PENALTIES. Failure to pay the specified fees for the permit or inspection of a swimming pool constitutes cause for the denial, suspension, revocation, or refusal of renewal of the operating permit.178 Neb. Admin. Code, ch. 2, § 006
Amended effective 7/27/2020