6455.1 After representatives of the Department present official credentials and provide notice of the purpose and intent to conduct an inspection in accordance with these regulations, the applicant, or licensee, swimming pool and spa operator, or lifeguard shall allow the Department access to any part, portion, or area of a swimming pool or spa facility.

6455.2 The Department may enter and inspect all aspects of a swimming pool or spa facility, including, but not limited to its physical facilities, operations, equipment, records, chemicals and other operational supplies, at any time for one or more of the following purposes:

1. (a) To determine if the swimming pool or spa facility is in compliance with these regulations;
2. (b) To investigate an emergency affecting the public health if the swimming pool or spa is or may be involved in the matter causing the emergency;
3. (c) To investigate, examine and sample water quality; or
4. (d) To obtain information, and examine and copy all records on the premises relating to reporting requirements as specified in section 6422.

6455.3 If a person denies the Department access to any part, portion, or area of a swimming pool or spa facility, the Department shall inform the individual that:

1. (a) The applicant or licensee is required to allow access to the District agencies as specified in section 6455.1;
2. (b) Access is a condition of the receipt and retention of a license as specified in section 6453.3;
3. (c) If access is denied, an inspection order allowing access may be obtained in accordance with District law; and
4. (d) The Department is making a final request for access.

6455.4 If the Department presents credentials and provides notice as specified in section 6455.1, explains the authority upon which access is requested, and makes a final request for access as specified in section 6455.3, and the applicant or licensee continues to refuse access, the Department shall provide details of the denial of access on the inspection report.

6455.5 If the Department is denied access to a swimming pool or spa facility for an authorized purpose, after complying with section 6455.4, the Department may:

1. (a) Summarily suspend a license issued to the swimming pool or spa facility in accordance with sections 6473 and 6480;
2. (b) Revoke or suspend a license issued to the swimming pool or spa facility in accordance with section 6485; or
3. (c) Request that the Office of the Attorney General for the District of Columbia commence an appropriate civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, a preliminary injunction, a permanent injunction, or other appropriate relief from the court, to enforce these regulations.

SOURCE: Final Rulemaking published at 55 DCR 012845 (December 26, 2008).