Okla. Stat. tit. 63, § 63-1-1022

A. The State Department of Health shall regulate public pools

and spas. The Department shall not regulate:

1. Spray pads, spray grounds, or splash pads intended for use

by children in which the water is supplied by a system of sprays and

does not accumulate above ground;

2. Pools located at private residences;

3. Pools run by a homeowner's association where pools or spas

are limited to use by the homeowner group and their nonpaying

guests; and

4. Public or semipublic pools where the main objective is the

external cleansing of the body.

B. The State Commissioner of Health shall promulgate rules for

the safety and sanitation of public pools and spas, fees for

construction permit applications, fees for operation license

applications, fines for violations of safety and sanitation

requirements, and revocation standards for noncompliance.

Municipalities with a population of five thousand (5,000) or less,

according to the latest Federal Decennial Census, shall be charged

no more than Fifty Dollars ($50.00) for construction permit

applications and for operation license applications.

C. All public pool and spa owners shall apply for a

construction permit on a form designated by the State Department of

Health. Pool and spa designs shall be based on the International

Swimming Pool and Spa Code, which may be promulgated into rule by

the State Department of Health. Construction permit applications

shall include plans prepared by a licensed professional engineer.

Pool and spa owners must possess a construction permit from the

State Department of Health prior to beginning construction.

D. Public pools and spas shall be licensed annually by the

Department. Public pool and spa owners shall apply for licensure on

a form designated by the Department.

E. Public pool and spa owners must allow an authorized

representative from the State Department of Health access for the

purposes of an inspection. Public pool and spa owners, managers,

operators, and attendants shall be responsible for maintaining

sanitary and safe conditions. All owners, managers, operators, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 569

attendants in charge of a public pool or spa shall be responsible

for ensuring safety and sanitation requirements are met when

operational. All pool and spa owners shall maintain records

demonstrating compliance and shall provide to the State Department

of Health upon request. The Department shall report any suspected

illegal activity on the premises of licensed public pools and spas

to the appropriate enforcement authority.

F. Every public pool and spa shall be secured for the purposes

of preventing public access during the months in which it is not

operational. Public pools and spas that are out of compliance with

safety and sanitation requirements during three consecutive

inspections shall be considered a public nuisance. These pools

shall be considered permanently closed by the municipality in which

the public pool is located. Permanently closed pools and spas shall

be completely filled in, or fully drained and secured by

constructing or utilizing a barrier adequate for the prevention of

unauthorized persons. Municipalities may secure permanently closed

public pools and spas and charge the costs thereof against the taxes

of the owner. Permanently closed pools and spas fully drained and

secured by a barrier shall complete the initial licensure process

prior to opening to the public. Permanently closed pools that have

been filled in shall be required to complete the construction permit

application process prior to the completion of the initial licensure

application process.