IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE repealing sections 4051.1, 4051.6, 4051.7, 4051.8, 4051.9, 4051.10 and Schedule I to Chapter 40, Jackson County Code, 1984, relating to public health, and enacting, in lieu thereof, six new sections and one new schedule relating to the same subject.
Intro
ORDINANCE NO. 6155, November 9, 2026
INTRODUCED BY Donna Peyton, County Legislator
Body
WHEREAS, the Environmental Health Administrator recommends revisions to bring the County Code provisions up to date; and,
WHEREAS, it is also appropriate at this time to revise the fees to Schedule 1 to new fees that reflect the rate of inflation as determined by the Consumer Price Index as this should be evaluated every two years; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section A. Enacting Clause.
Sections 4051.1, 4051.6, 4051.7, 4051.8, 4051.9, 4051.10 and Schedule I to Chapter 40, Jackson County Code, 1984, are hereby repealed and six new sections and one new schedule enacted in lieu thereof, to be known as sections 4051.1, 4051.6, 4051.7, 4051.8., 4051.9, 4051.10 and Schedule I., to read as follows:
4051. Aquatic Venue Regulations.
Aquatic Venues shall be licensed and inspected pursuant to this section. (Ord. 5008, Eff. 09/05/2017)
4051.1 Operating Permit.
a. No Person shall operate any Aquatic Venue unless the facility holds a valid operating permit from the Health Officer for each Aquatic Venue being operated.
b. All applicants for an operating permit of an Aquatic Venue shall provide proof of the Licensed Aquatic Venue Operator who will supervise that facility.
c. Each operating permit shall be issued for one year from the date of issuance.
d. No operating permit shall be transferable.
e. Each operating permit shall be [conspicuously posted] available at the permitted facility.
4051.6 Supervision.
a. Each Aquatic Venue shall be under the supervision of a Licensed Aquatic Venue Operator who shall be responsible for compliance with this chapter. The Licensed Aquatic Venue Operator is not required to be present on site at all times, but shall be readily available during all times the facility is open. The Licensed Aquatic Venue Operator’s contact information must be posted in a conspicuous place at the permitted facility. The Licensed Aquatic Venue Operator shall have his/her license readily accessible at the time of inspection or on file with Jackson County Environmental Health. If an Aquatic Venue has a history of violations, the Health Officer may require the Licensed Aquatic Venue Operator be present on site during all times the Aquatic Venue is open.
b. Each Category I Aquatic Venue must provide qualified lifeguards. When qualified lifeguards are used the staffing plan shall include diagrammed zones of patron surveillance for each Aquatic Venue such that:
i. A qualified lifeguard is capable of viewing the entire area of the assigned zone of patron surveillance;
ii. A qualified lifeguard is able to reach the furthest extent of the assigned zone of patron surveillance within 20 seconds;
iii. The diagram shall identify whether each qualified lifeguard is in an elevated stand, walking, in-water, and/or other approved position;
iv. The diagram shall identifying any additional responsibilities for each zone; and
v. All areas of each aquatic venue are assigned a zone of patron surveillance.
c. Each Category II Aquatic Venues is recommended to have lifeguard services but it is not required. If no lifeguard is present, a proper “WARNING - NO LIFEGUARD ON DUTY” signage shall be placed throughout the pool.
d. The minimum qualifications for a lifeguard shall be satisfactory completion and current certification from a nationally recognized lifeguard training program. Each lifeguard shall have current CPR and First Aid certification.
e. All lifeguards shall wear distinguishing swimsuits or emblems while on duty.
f. Each Category I and Category II Aquatic Venue that has a water surface area in excess of 2,000 square feet and a depth of six feet shall provide at least one elevated lifeguard chair or platform. One (1) additional elevated lifeguard chair or platform shall be provided for each additional 2,000 square feet of water surface area and a depth of six feet.
g. Each Category II Aquatic Venue where lifeguard service is not required or continuously provided, shall display a warning sign stating “WARNING - NO LIFEGUARD ON DUTY” in letters at least four (4) inches high that shall be conspicuously placed at the entrance to the venue.
h. Each Category I and II Aquatic Venue shall have “Pool/ Spa Rules” posted in a conspicuous place, which rules shall include, but not be limited to, the following:
i. No person with open cuts, sores, lesions, infections, obvious communicable disease, or diarrhea shall use the Swimming Pool;
ii. Animals are not allowed in or around the Swimming Pool, except that service animals as defined by the Americans with Disabilities Act must be allowed on pool decks and any other places the public is allowed. Service animals are not allowed in the water, on diving boards, on water slides, on floatation rafts, etc;
iii. Glass containers are not allowed in or around the Swimming Pool;
iv. Children who are not toilet trained shall wear tight fitting plastic underwear or swim diapers that will prevent leakage;
v. No diving (at Swimming Pools without an approved diving well configuration);
vi. Children, as defined by the Aquatic Venue, shall be accompanied by an adult; and
vii. The following only apply to Spas, Hot-Tubs and Whirlpool Baths:
(1) Due to high temperature and humidity the spa can be dangerous to your health, so consult your physician before use;
(2) Observe reasonable time limits (no longer than 15 minutes), then leave the water and cool down before returning.
i. Each Category III Aquatic Venue shall display “Spray Ground Rules” posted in a conspicuous place, which rules shall include, but not limited to the following:
i. No person with open cuts, sores, lesions, infections, obvious communicable disease, or diarrhea shall use the Spray Ground;
ii. Animals are not allowed in or around the Spray Ground;
iii. Glass containers are not allowed in or around the Spray Ground;
iv. Children who are not toilet trained shall wear tight fitting plastic underwear or swim diapers that will prevent leakage;
v. Spray features use recirculated water, DO NOT DRINK THE WATER; and
vi. Children shall be accompanied by an adult.
j. Each Category I and Category II Aquatic Venue shall post its maximum design patron load and shall not permit more patrons than indicated. Patron load shall be calculated as follows:
(1) One (1) person per 20 square feet of water surface area for Swimming Pools and Aquatic Play Features;
(2) One (1) person per 10 square feet of water surface area for Spas, Hot-Tubs, and Whirlpool Baths.
4051.7 Safety Requirements.
a. The following shall be provided at each Category I and Category II Aquatic Venue:
i. A life pole or shepherd’s crook 12-feet long or a reach beyond half the distance of the width of the pool;
ii. A ring buoy, Coast Guard approved or equivalent, fitted with a ¼ inch-diameter line attached with a length of 1.5 times the maximum width of the Swimming Pool or 50 feet, whichever is less;
iii. A blanket; and
iv. A first aid kit with the following minimum supplies:
(1) Triangular bandages;
(2) One roll 1-inch tape;
(3) Plain gauze pads, 3” X 3” and 4” X 4”;
(4) One roll 2-inch gauze bandage;
(5) One tube or bottle of antiseptic;
(6) First Aid Book;
(7) Scissors; and
(8) Assorted band-aids.
b. All lifesaving equipment shall be mounted in a conspicuous place, readily accessible, and in a condition ready for use, except that the blanket and first aid kit may be kept in a designated place approved by the Health Officer.
c. Each Category I and II Aquatic Venue shall have a readily accessible emergency telephone or other means of emergency communication with a reliable direct power source that is operational and only for emergency use. Directions for use of the emergency telephone shall be clearly posted. Emergency phone numbers along with the venue’s address must be prominently posted.
d. All chemicals used in an Aquatic Venue’s maintenance shall be stored under conditions where they are only accessible to authorized persons, in a dry, well-ventilated storage room according to manufacturers’ instructions. The following additional requirements shall be observed:
i. Chemicals shall be stored in their original containers, tightly closed. All chemical containers, drums, boxes, and bags shall be stored at least 6 inches off the floor or in a manor to eliminate contact with standing water. Overhead storage of chemicals is prohibited;
ii. Incompatible chemicals shall be stored away from each other in specifically identified locations in the chemical storage room;
iii. “No Smoking” signs shall be posted in the chemical storage room; and
iv. Swimming pool chemicals and test kit reagents shall be stored out of direct sunlight.
e. In each Category I and Category II Aquatic Venue built after January 1, 2027, the depth of the water shall be plainly marked at or above the water surface on the vertical wall of the Aquatic Venue, and on the edge of the deck next to the Aquatic Venue. Where depth markers cannot be placed on the vertical walls above the water level, other means shall be used so that markings shall be plainly visible to persons in the Aquatic Venue. Markers shall be at least 4-inch high numbers and of a color contrasting with the background. Depth markers shall be:
i. located at the points of maximum and minimum depths;
ii. On both sides and both ends of the Aquatic Venue;
iii. Spaced so that the distance between adjacent markers is not greater than 25 feet when measured peripherally; and
iv. At appropriate points as to denote water depth in diving areas, if the Swimming Pool is designed for diving (Swimming Pools without an approved diving well configuration shall also have “NO DIVING” included in the posted pool rules).
f. The point of transition with an abrupt change between the deep and the shallow areas shall be identified by a buoyed lifeline that separates the deep area from the shallow area and is located 2-feet toward the shallow end from the point of transition or by a line of contrasting color on the floor and walls of the pool, present at the point of transition.
g. If night swimming is permitted, deck and underwater lighting shall be provided to illuminate all underwater areas so that water clarity requirements will be maintained.
h. Electrical equipment and wiring in or adjacent to any Aquatic Venue shall meet the requirements of the National Electric Code (NEC 70), Article 680 and any additional local requirements.
i. Steps, ladders, stairs, or ramps shall be provided at the shallow and deep ends of the Aquatic Venue. If the Aquatic Venue is over 30 feet wide steps, ladders, stairs, or ramps shall be installed on each side. Ramps shall not exceed a slope of 1:12. Handrails shall be provided for use with all ladders, steps, and stairs. Handrails shall be maintained in sound working condition.
j. All steps, ramps, and diving boards are to be of non-slip construction or be covered with non-slip materials.
k. An Aquatic Venue shall be immediately closed and the swimmers removed from the water when any of the following occurs. Closure resulting from an inspection will require a re-inspection before the Aquatic Venue begins operating again.
i. Failure to meet required disinfectant concentrations;
ii. Failure to meet water clarity requirements;
iii. The grate on the main drain is missing or broken;
iv. Failure to meet lifeguard requirements;
v. A recirculation or filter pump is non-operational;
vi. The water temperature exceeds 104º Fahrenheit;
vii. A Fecal or Vomit Incident (documentation of the incident and measures taken must be documented and submitted to the health officer.);
viii. The presence of an electrical storm at an outdoor venue; or
ix. Readily accessible emergency telephone/communications device is inoperable.
l. Each Aquatic Venue shall be in compliance with all current and any future state and federal regulations. This includes but not limited to the Virginia Graeme Baker Pool and Spa Safety Act and the Americans with Disabilities Act (ADA).
m. A Licensed Aquatic Venue operator shall notify the Health Officer as soon as possible in the event of a drowning that result in a death or Fecal/Vomit Incident. Each Aquatic Venue shall have and follow an approved Contamination Response Plan for dealing with Fecal, Blood, and Vomit contamination. The Aquatic Venue shall document each Fecal, Blood, and Vomit Incident. Documentation of Fecal, Blood, and Vomit Incidents shall be retained for at least one (1) year after the incident.
n. The water supply for each Aquatic Venue shall be from a water source approved by the Health Officer. No piping arrangements shall exist which, under any conditions, will permit sewage or wastewater to enter the Aquatic Venue’s water system or permit water from an Aquatic Venue to enter the make-up water supply.
o. Because of serious safety considerations, the use of gas chlorine is not recommended and may not be approved. When used, the operation must be in compliance with all state and federal safety requirements.
4051.8 Water Quality of Swimming Pools.
a. The water shall have sufficient clarity at all times so that either a black disc six (6) inches in diameter is readily visible in the deepest portion of the Swimming Pool or the bottom drain at the deepest point is clearly visible.
b. The water shall be free of all scum and floating matter on the surface and dirt and other material on the floor of the Swimming Pool.
c. Disinfection shall be provided by mechanical feeders. The water in all parts of the Swimming Pool shall have a minimum free available chlorine (FAC) content of at least 1.0 ppm, but FAC shall not exceed 10.0 ppm.
i. Bromine used as a disinfectant shall be maintained at a residual level of not less than 2.0 ppm but shall not exceed 10.0 ppm; and
ii. Other disinfecting materials or methods must be approved by the Health Officer.
d. If cyanuric acid or chlorinated isocyanurates are used, the concentration of cyanuric acid in the water should be at least 30 ppm to 50 ppm and shall not exceed 1000 ppm and the free available chlorine (FAC) shall be at least 2.0 ppm.
e. The water shall be maintained at a pH of not less than [7.2] 7.0 and not over 7.8.
f. The total alkalinity is recommended to be within the range of 60 ppm to 180 ppm.
g. No harsh or irritating chemical in concentrated form shall be added manually and directly to the water of any Swimming Pool while any person is present in the water. When chemicals are added, use of the Swimming Pool shall cease until such time as the chemical is completely dissolved and is thoroughly diffused throughout the Swimming Pool water.
h. The water in a Swimming Pool shall be continuously recirculated. The circulation system for Swimming Pools shall achieve a turnover rate of six (6) hours or less. The circulation system for any Wading Pool shall achieve a turnover rate of two (2) hours or less. Each Category I and Category II Swimming/Wading Pool shall have a flow meter installed that is capable of measuring from ½ to at least 1-1/2 times the designed flow of the circulation system.
4051.9 Spas, Hot-Tubs, and Whirlpool Baths.
a. Maximum water depth shall be four (4) feet measured from the water line. The maximum depth of any seat or sitting bench shall be two (2) feet measured from the water line.
b. The water shall be clear at all times, and free of scum and floating matter on the surface and dirt and other material on the floor.
c. Water temperature controls shall be provided to prevent the water temperature from exceeding 104º F.
d. A thermometer shall be available to monitor water temperature.
e. Each Spa, Hot-Tub, or Whirlpool Bath shall be equipped with a 15-minute timer controlling the hydrotherapy jets and blower operation.
f. Each Spa, Hot-Tub, or Whirlpool Bath shall be equipped with an emergency shut-off switch to stop all circulation. The shut-off switch shall be visible from the Spa, Hot-Tub, or Whirlpool Bath.
g. Spray features are prohibited in any Spa, Hot-Tub, or Whirlpool Bath.
h. Disinfection shall be provided by mechanical feeders and water shall have a minimum free available chlorine (FAC) content of 3 ppm but FAC shall not exceed 10 ppm, with a maximum combined chlorine level of 0.5 ppm. For bromine disinfection the minimum total bromine level shall be 4.0 ppm but shall not exceed 10 ppm.
i. Other disinfecting materials or methods must be approved by the Health Officer;
ii. Water shall be maintained at a pH of not less than [7.2] 7.0 and not over 7.8;
iii. Total alkalinity shall be maintained within the range of 60 to 180 ppm; and
iv. The calcium hardness shall be maintained within the range of 150 to 250 ppm but not exceed 1000 ppm.
i. Water in a Spa, Hot-Tub, or Whirlpool Bath shall be continuously recirculated. The circulation system for any Spa, Hot-Tub, or Whirlpool Bath shall achieve a turnover rate of 30 minutes or less. Each Category I or Category II Spa, Hot-Tub, or Whirlpool Bath shall have a flow meter installed that is capable of measuring from ½ to at least 1-1/2 times the designed flow of the circulation system.
j. Each Spa, Hot-Tub, or Whirlpool Bath shall have posted in a conspicuous place the “Spa Rules” for the facility.
k. Each Spa, Hot-Tub, or Whirlpool Bath not drained weekly shall superchlorinate its water and filtering system to a level of 10 ppm at least once a week.
l. Each Spa, Hot-Tub, or Whirlpool Bath shall be drained and refilled as needed to maintain proper water quality.
m. No harsh or irritating chemical in concentrated form shall be added manually and directly to the water of any Spa, Hot-Tub, or Whirlpool Bath while any person is present in the water. When chemicals are added, use of the Spa, Hot-Tub, or Whirlpool Bath shall cease until such time as the chemical is completely dissolved and is thoroughly diffused throughout the Spa, Hot-Tub, or Whirlpool Bath water.
n. Any Spa, Hot-Tub, or Whirlpool Bath shall be closed immediately and the patrons removed from the water when any of the following health or safety hazards exist. Closure resulting from an inspection will require a re-inspection before the Aquatic Venue begins operating again.
i. Failure to meet required disinfectant concentrations;
ii. Failure to meet water clarity requirements;
iii. The grate on the main drain is missing or broken;
iv. Failure to meet lifeguard requirements;
v. A recirculation or filter pump is non-operational;
vi. The spa water temperature exceeds 104º Fahrenheit;
vii. A Fecal, Blood or Vomit Incident;
viii. The presence of an electrical storm at an outdoor venue; or
ix. The readily accessible emergency telephone/communications device is inoperable.
4051.10 Spray Grounds.
a. Disinfection shall be provided by mechanical feeders and water shall have a minimum free available chlorine (FAC) content of 2 ppm, but FAC shall not exceed 10 ppm.
i. Other disinfecting materials or methods must be approved by the Health Officer;
ii. The water shall be maintained at a pH of not less than [7.2] 7.0 and not over 7.8; and
iii. The total alkalinity shall be maintained within the range of 60 to 180 ppm.
b. Each Spray Ground shall have posted in a conspicuous place the “Spray Ground Rules” for the facility.
c. The water in a Spray Ground shall be continuously circulated, filtered and disinfected.
d. The spray pad shall be adequately cleaned and flushed daily.
e. Each Spray Ground shall be closed immediately and the patrons removed from the Spray Ground when any health or safety hazard exists, such as:
i. Failure to meet required disinfectant concentrations;
ii. The grate on the main drain is missing or broken;
iii. A reported fecal, blood or vomit accident;
iv. The presence of an electrical storm; (A sign may be posted warning of danger during electrical storms in unattended areas); or
v. Readily accessible emergency telephone/communications device is inoperable.
f. Each Spray Ground shall be fenced to prevent access by animals.
CHAPTER 40
SCHEDULE I
FOOD SAFETY AND ENVIRONMENTAL HEALTH
Required permits and Permit Fees.
Establishments, events, and public engagements that require a permit and inspection are listed in this schedule I. Annual permit fees shall be charged according to schedule I.
[The schedule below reflects current fees. Increases shall be implemented every two years by the rate of inflation as determined by the consumer price index. (Ord. 5008, Eff. 09/05/2017; Ord.5393 Eff. 9/14/20; Ord.5901 Eff. 12/16/2024)
|
Permit |
Current |
2021 |
2023 |
|
Replacement Fee |
$5 |
$5 |
$5 |
|
Plan Review Fee |
$310 |
$315 |
$320 |
|
Re-inspection Fee |
$105 |
$105 |
$110 |
|
Low Priority Food Establishment permit |
$255 |
$255 |
$260 |
|
Medium Priority Food Establishment Permit |
$460 |
$470 |
$475 |
|
High Priority Food Establishment Permit |
$775 |
$785 |
$795 |
|
Mobile Unit/Push Cart Permit |
$205 |
$210 |
$215 |
|
Non-Profit Food Establishment Permit |
$30 |
$30 |
$30 |
|
School Cafeteria Permit |
$55 |
$55 |
$55 |
|
Seasonal Permit |
$105 |
$105 |
$105 |
|
Soft Serve Dessert Machine Permit |
$55 |
$55 |
$55 |
|
Temporary Food Establishment Permit |
$55 |
$55 |
$55 |
|
Catering Permit |
$385 |
$395 |
$400 |
|
Farmer’s Market Vendor Stall Permit |
$30 |
$30 |
$30 |
|
Non-Profit Temporary Food Permit |
$30 |
$30 |
$30 |
|
Lodging Establishment Permit |
$155 |
$155 |
$160 |
|
Food Processor/Warehouse Permit |
$155 |
$155 |
$160 |
|
Aquatic Venue Permit |
$155 |
$155 |
$160 |
|
Vending Machine Permit Fee |
$30 |
$30 |
$30 |
|
Food Permit Late Filing Fee |
$55 |
$55 |
$55 |
|
Temporary Food Permit Late Fee - Application is considered late if submitted less than 48 hours before the event. |
$30 |
$30 |
$30 |
]
Establishments, events, and public engagements that require a permit and inspection are listed in this schedule I. Annual permit fees shall be charged according to schedule I.
The schedule below reflects current fees. Increases shall be implemented every two years by the rate of inflation as determined by the consumer price index. (Ord. 5008, Eff. 09/05/2017; Ord.5393 Eff. 9/14/20; Ord.5901 Eff.12/16/24)
|
Permit |
Current |
2025 |
2027 |
|
Replacement Fee |
$5 |
$5 |
$5 |
|
Plan Review Fee |
$320 |
$360 |
$380 |
|
Re-inspection Fee |
$110 |
$125 |
$125 |
|
Low Priority Food Establishment permit |
$260 |
$290 |
$310 |
|
Medium Priority Food Establishment Permit |
$475 |
$530 |
$560 |
|
High Priority Food Establishment Permit |
$795 |
$890 |
$945 |
|
Mobile Unit/Push Cart Permit |
$215 |
$240 |
$255 |
|
Non-Profit Food Establishment Permit |
$30 |
$35 |
$35 |
|
School Cafeteria Permit |
$55 |
$60 |
$60 |
|
Seasonal Permit |
$105 |
$120 |
$130 |
|
Soft Serve Dessert Machine Permit |
$55 |
$60 |
$65 |
|
Temporary Food Establishment Permit |
$55 |
$60 |
$65 |
|
Catering Permit |
$400 |
$450 |
$475 |
|
Farmer’s Market Vendor Stall Permit |
$30 |
$35 |
$40 |
|
Non-Profit Temporary Food Permit |
$30 |
$35 |
$35 |
|
Lodging Establishment Permit |
$160 |
$180 |
$190 |
|
Food Processor/Warehouse Permit |
$160 |
$180 |
|
|
Aquatic Venue Permit |
$160 |
$180 |
$190 |
|
Vending Machine Permit Fee |
$30 |
$35 |
$35 |
|
Food Permit Late Filing Fee |
$55 |
$60 |
$65 |
|
Temporary Food Permit Late Fee - Application is considered late if submitted less than 48 hours before the event. |
$30 |
$35 |
$35 |
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
______________________________
County Counselor
I hereby certify that the attached ordinance, Ordinance No. 6155 introduced on November 9, 2026, was duly passed on__________________, 2026 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______________ Nays ______________
Abstaining ___________ Absent _____________
This Ordinance is hereby transmitted to the County Executive for his signature.
____________________ ________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance No. 6155.
____________________ ________________________________
Date Phil LeVota, County Executive