HomeMy WebLinkAboutCOM 1029.002 1996-1998 ~~r ar t,~
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OFFICE OF THE CORPORATION COUNSEL
101 Aupuoi Sttcet. Suite 32S • Ni10. rlanui7 %720.4262 • (306) %1.3231 • Fu: (803) %1.3622
November 4, 1998 c;
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Ms. Juliette Tulang, Director
Department of Parks and Recreation _
County of Hawaii _
25 Aupuni Street
Hilo, Hawaii 96720 _ _
Dear Ms. Tulang:
Re: Redraft of Rules and Regulations and Notice of Public Hearing Relating to the
After-Hour Pool Use Program
Pursuant to our telephone conversation on November 2, 1998, we have redrafted the
above-referenced documents to provide notice of the public hearing set for December 16, 1598,
at 5:00 p.m. and to include a swimming proficiency test consisting of swimming one hundred
(100) yards non-stop, in a pool, within five (5) minutes without the aid of any flotation device or
swim fins. We have also added a new subsection F. to Section 3 to clarify that the provisions
contained in the rules and regulations relating to the leasing of County swimming pool facilities,
including the requirement that at least one County lifeguazd must be in attendance at all times
when any County swimming pool complex is in use, shall not be applicable to the After-Hour
Pool Use Program.
Please contact me if you have any questions.
Sincerely,
RICHARD D. WURDEMAN
Corpora on Counsel
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By
GLENN H. SHIIGI ~
Deputy Corporation Counse~
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NOTICE OF PUBLIC HEARING
COUNTY OF HAWAII
DEPARTMENT OF PARKS AND RECREATION
Notice is hereby given that the Department of Parks and Recreation of the County of
Hawaii, pursuant to Chapter 91, Hawaii Revised Statutes, will hold the following public hearing
to afford all interested parties an opportunity to be heard concerning proposed amendments to the
Rules and Regulations of the Department of Pazks and Recreation of the County of Hawaii. The
public hearing is scheduled for:
Date: Wednesday, December 16, 1998
Location: County Building, Council Room
Time: 5:00 p.m.
The proposed rule change involves the amendment of Rule 5, Rules Relating to All
County Swimming Complexes, by adding a new section which will establish rules and
regulations governing the After-Hour Pool Use Program, hereinafter refeaed to as the
"Program". The purpose of the Program is to promote the Department's policy of increasing
recreational opportunities to the public by allowing greater public access to, and use of, County
swimming pool facilities outside of established employee work hours and to accommodate
members of the public requiring use of the County's swimming pool facilities for therapeutic
aquatic activities.
The proposed rules establish the procedure for members of the public to be qualified to
participate in the Program and establish rules and guidelines governing use of County swimming
pool facilities by Program participants. Participants in the Program must complete an application
and register to participate in the program. They must also provide clearance from a physician
licensed to practice medicine in the State of Hawaii certifying that they may safely take the
Program's swimming proficiency test. The swimming proficiency test shall consist of
swimming one hundred (100) yards non-stop, in a pool, within five (5) minutes without the aid
of any flotation device or swim fins. Participants using the County's swimming pool facilities
for therapeutic aquatic activities will not be required to take the swimming proficiency test but
must be accompanied by an attendant who is in compliance with all Program rules. Participants
must also sign a Release of Claims form and pay an annual, refundable fee of $60.00.
Participants will be issued a key to obtain access to the County swimming pool facility after they
provide a deposit of $20.00 for each key.
Other proposed rule changes to Rule 5, Rules Relating to All County Swimming Pool
Complexes aze as follows:
1. Section 3. A. 3. is amended to read as follows:
Section 3 General Rules and Reeulations Relatine to the Leasine of Counrv
~wimmine Poll Facilities
A. Application for use of all County Swimming Pool Facilities.
¦ ¦ :
3. Applications shall be accepted on a first-come, first-served basis
and only upon the approval of the Director and only when the pool
is not scheduled by the Director for general public use or when
the Wool is closed for maintenance.
1. Section 3. F. is added to read as follows:
Section 3 General Rules and Re¢ulations Relatine to the Leasine of County
Cwjmmine Poo! Facilities
¦ * s
Section Rules and ReQUlations Relating to the After-Hour Pool Use Proeram
A. The purpose of the After-Hour Pool Use Program is to promote the Department's policy
of increasing recreational opportunities to the public by allowing greater public access to,
and use of, County swimming pool facilities outside of established employee work hours
and to accommodate members of the public requiring use of the County's swimming pool
facilities for therapeutic aquatic activities.
B. After-hour use of swimming pool facilities shall initially be a pilot program and shall be
on a first come, first served basis. The Department reserves the right to limit the use of
swimming pool facilities, cancel the pilot project, or reevaluate the program based on
public participation in the program, cost effectiveness, establishment of certain patterns,
or in when it is in the best interest of service to the public.
C. All participants in the Auer-Hour program shall:
1. Be at least 18 yeazs of age.
2. Complete the Application for After-Hour Pooi Use form and register to participate
in the program.
3. Provide a completed Medical Clearance to Take Swimming Proficiency Test form
signed by a physician licensed to practice medicine in the State of Hawaii. This
requirement shall not apply to a person using the swimming pool facility for
therapeutic aquatic activities who is accompanied by an attendant who is in
compliance with these rules.
4. Pass a competency test administered by a County certified Lifeguard or Water
Safety Officer. The competency test shall consist of swimming _ yazds non-
stop, either in a pool or in the open ocean, in _ minutes without the aid of any
flotation device or swim fins. This requirement shall not apply to a person using
the swimming pool facility for therapeutic aquatic activities who is accompanied
by an attendant who is in compliance with these rules.
5. Sign a Release of Claims form before a notary public.
6. Possess a current Certificate of Proficiency and Director's Approval, and have
such form available for inspection by any Department employee, lifeguazd,
security officer, police officer, or participant in the after-hour pool use program,
whenever using a swimming pool facility after regularly scheduled hours. An
annual fee of $60.00 shall be paid to the Aquatics Office to obtain the Certificate
of Proficiency and Director's Approval. In the event of cancellation or
termination of participation in the Program, the annual fee shall be refunded on a
pro rata basis at the rate of $5.00 per month, or fraction thereof.
7. Sign-in and out whenever using the swimming pool facility.
8. Sign-out for a key to the swimming pool facility and provide a deposit of $20.00
for each swimming pool facility key.
9. Not duplicate or permit duplication of any swimming pool facility keys.
I0. Keep the swimming pool facility locked at all times.
11. Comply with all applicable federal, state, and county laws, statutes, ordinances,
rules and regulations.
12. Refuse entry to the swimming pool facility to any other person who does not
posses a current Certificate of Proficiency and Director's Approval, unless written
permission has been granted by the Director.
13. Not possess or consume any intoxicating liquor or illegal drugs at any swimming
pool facility. No patron shall be under the influence of alcohol or any drugs or
medication, prescribed or unprescribed, which could affect the patron's
performance or judgment.
14, Immediately report to the police the existence of any dangerous conditions or
incidents of vandalism or abuse occurring at the swimming pool facility. The
incident shall also be reported to the Department using the appropriate County
form.
15. Have written permission from the Director to use the handi-lift when attending to
any person using the swimming pool facility for therapeutic aquatic activities.
16. Use a flashlight or other nonflammable illumination device when using the
swimming pool facility after sunset or before sunrise.
17. Not use or permit the use of any diving towers or diving boazds during after-hour
periods.
D. Hours of Operation. The hours of operation for the After-Hour Pool Use Program shall
be from 5:00 a.m. to 8:00 p.m, daily, except when the swimming pool facility is closed
by the Department due to repair, or maintenance, or during use of the swimming pool
facility by a Department or Department sponsored program. NO SWIMMING SHALL
BE PERMITTED BETWEEN THE HOURS OF 8:00 P.M. THROUGH 5:00 A.M.
Availability of swimming pool facilities for after-hour use will vary for each swimming
pool facility.
F. The provisions contained in this section shall not be applicable to the
After-Hour Pool Use Proeram.
2. Section 4. G. is amended to read as follows:
S~*'on 4 Rules and Reeulations Relating to the Running of Concessions at all
County Swimmine Pool Complexes.
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7. [Spillages and miscellaneous food left in the facility and on the grounds
will be cleaned up immediately.] Concession operators shall keep the
swimming Wool complex clean of anv food or beveraee spills and all left-
over food shall be removed or properly disposed.
3. Section 5. is amended to read as follows:
SLection 5 Penalties Relarine to the Violation of County Swimmine Pool
complex Rules and Reeulations
A. [Persons who violate any rule or regulation contained herein shall, upon
conviction, be fined not more than the sum of Two Hundred Fifty Dollars
($250). Prosecution in such cases shall be as provided for misdemeanors
unless otherwise specified by the Hawaii Revised Statutes or County
ordinances.
B.] Any person who violates any rule or regulation contained herein shall be
subject to [the fine noted above and to possible] restriction of their
continued use of the pool facilities. Permanent disbarment or lesser
periods of restriction shall be set by the Director. [Any appeal of the
Director's decision of disbarment or restriction shall be as provided by
laws.] Anv person aeerieved by the decision of the Director to prohibit or
limit a_patron's use of anv County swimmin¢ pool facility shall have the
right to appeal the Director's decision within 30 days of such decision.
pursuant to Rule 1 of the Rules and Reeularions of the Department of
Pazks and Recreation.
Language appearing within brackets will be deleted from Rule 5 and underlined language will be
added to Rule 5 under these proposed amendments.
Copies of the proposed amendments maybe obtained in advance of the public hearing at
the Department of Pazks and Recreation, Hawaii County Building, between the hours of 7:45
a.m. to 4:30 p.m„ Monday through Friday, excluding legal holidays, or will be mailed or faxed at
no cost to any interested person who requests a copy either in writing or by calling the
department at:
25 Aupuni Street
Hilo, Hawaii 96720
Telephone: 961-8311
All testimonies or suggested changes to the proposed rule change should be submitted in
writing to the Director of the Department of Parks and Recreation on or before the date of the
public hearing, but anyone interested may appeaz in person and offer testimony at the hearing.
The meeting place is accessible to persons with physical disabilities. Persons who need special
accommodations to attend this hearing should ca11961-8311 at least seven business days before
the scheduled public hearing.
DATED: Hilo, Hawaii, hh
C/ /i1.
} TTE M. TULANG
Director
Department of Pazks and Recreation
County of Hawaii