Evaluation Tool: Pool Program February 10, 2011Version STANDARD 1: Regulatory Foundation Evaluation Criteria Ordinances a. Has the Board has passed ordinances referring to statutes and rules, as listed in the SCOPE of the Delegation Agreement? b. Have ordinances been revised as needed to be consistent with current statutes and rules? c. If applicable ordinances were changed since the previous program evaluation, were they were sent to MDH for review prior to their passage? d. Do ordinances describe enforcement tools and procedures, and grant authority for enforcement? e. Do ordinances reference plan review requirements? f. (MDH only) Has MDH reviewed and responded in writing to its delegated partners regarding proposed ordinances or language changes to existing ordinances, within 30 days of receipt of those changes? Source Materials STANDARD 2: Trained Regulatory Comments Rating (0-2) O Y Y Y Y Y a. Current, signed and dated ordinances b. Delegation Agreement application Evaluation Criteria ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Comments YELLOW: Required Program Elements required by the Delegation Agreement 1 Rating (0-2) WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: Pool Program February 10, 2011Version Staff 1. Inspection Staff 2. Agreements with Other Qualified Parties 3. Additional Training 4. Staffing Transition Plan O a. Does the Board employ qualified inspection staff as defined in the Delegation Agreement? b. Are any less qualified staff (as described in the Delegation Agreement) limited to performing inspections that are not mandated by the Delegation Agreement? If the Board has entered into agreements with other qualified persons to carry out its regular, delegated duties, did the Board obtain MDH’s written approval before entering into such an agreement? Describe the percentage of staff that have taken ICS classes (minimum of ICS 100 & 200.) Describe the certification, training and continuing education that pool inspection staff have completed including CPO/CTO and any MNTrac courses completed. a. Does the Board have a written plan that is submitted annually to MDH, to assure adequate program coverage and to address staffing transition in the event of unexpected staffing changes? b. Has that written plan has worked effectively during staffing transitions within the evaluation period? c. Has the Board notified MDH within ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Y Y W W Y W Y YELLOW: Required Program Elements required by the Delegation Agreement 2 WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: Pool Program February 10, 2011Version 10 business days of staff departures, when staffing is insufficient to perform the obligations of the Delegation Agreement? Source Materials STANDARD 3: Risk-Based Inspection Program 1. Inspection Forms 2. Inspection Frequency 3. Written & Implemented Policies a. b. c. d. e. f. Position descriptions for all program staff Organizational chards, with RS numbers, if applicable Staff standardization documentation Written staffing transition plan Staff credentials and certifications (e.g. RS/REHS, CTO, CP-FS, CEHT) Training records (e.g. MN Train records, if used) Evaluation Criteria Comments Y a. Do the Board’s inspection documents identify health and safety hazards and interventions? b. Do the Board’s inspection forms document significant Pool Code violations and corrective actions? Is the inspection frequency based on MN Statutes 157.20 being met (at least once every 12 months)? a. Has the Board developed a documented procedure to address corrective action? b. Has the Board developed a documented procedure that requires discussion of options for long-term control of health and safety hazards? c. Has the Board developed a documented procedure that requires ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Rating (0-2) W O Y W Y YELLOW: Required Program Elements required by the Delegation Agreement 3 WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: Pool Program February 10, 2011Version follow-up activities on and health and safety violations? Source Materials STANDARD 4: Uniform Inspection Program 1. Plan Review 2. Licensing & Data Management a. b. c. d. e. f. Copies of inspection reports/forms List of licensed facilities Inspection frequency data for the past three years Documented procedures referenced in 3. a-c above Other compliance forms or documents Copies of variances, as requested Evaluation Criteria Comments Y a. Are plans submitted to MDH for construction of new pools or when pools are modified, as required in the Pool Code? b. (MDH only) Does MDH perform plan review for construction of new pools or when pools are modified as required in the Pool Code? c. Does the Board license only those pools for which plan review is complete and approved by MDH? d. Does the Board maintain adequate documentation throughout the plan review process? e. Is documentation maintained for water and sewer system approval as reviewed by the appropriate authority? a. Is the Board required by policy to license establishments on an annual basis? ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Rating (0-2) Y Y W W Y YELLOW: Required Program Elements required by the Delegation Agreement 4 WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: Pool Program 3. Inspections & Written Reports Source Materials STANDARD 5: Illness & Injury Investigation & Response 1. Protocol for Investigating Complaints 2. Complaints February 10, 2011Version Y b. Does the Board maintain a current list of establishments (including establishment name, address and risk category)? a. Are inspections conducted by qualified inspection staff, as described in the Delegation Agreement? b. Does the Board incorporate education into the inspection process? c. Are written reports complete and accurate, and do they describe compliance activities? d. Are statutes, rules and ordinances interpreted accurately and consistently? O Y Y Y a. Files for randomly selected facilities b. List of licensed establishments with assigned risk category c. Description of licensing category definitions and descriptions, including for all permanent and temporary establishments d. Relevant ordinances, policies and guidance documents e. Plan review reports, as requested f. Educational or training materials relevant to uniform inspection that the Board wishes reviewed Evaluation Criteria Comments Y Does the Board utilize a procedure to investigate, respond to, and document Pool complaints or injury? a. Does the Board maintain a log or database for all complaints alleging injury, or waterborne illness, or health and safety hazards? ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Rating (0-2) W YELLOW: Required Program Elements required by the Delegation Agreement 5 WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: Pool Program 3. Program Coverage Source Materials STANDARD 6: Compliance & Enforcement Compliance & Enforcement February 10, 2011Version W b. Does the Board follow-up on all injury, waterborne illness, or health and safety hazard complaints within one business day? c. Are investigation reports filed or linked to the records of the establishment? d. Does the Board transmit all waterborne illness complaints to MDH within one business day? e. (MDH only) Does MDH refer to its delegated partners any complaints that MDH receives concerning matters under their jurisdiction? Does the Board have qualified staff available for emergency coverage on a 24-hour a day basis and have they provided an after-hours contact number to MDH? W Y Y Y a. Procedures for responding to injury, health and safety hazards, or waterborne illness b. Complaint log and relevant materials c. After hours staffing policy and after-hours contact number Evaluation Criteria Comments Rating (0-2) O a. Does the Board identify and document violations according to statute, rule and ordinance? b. Does the Board address the identified health and safety hazards by: (1) following up or using appropriate enforcement tools, ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement O YELLOW: Required Program Elements required by the Delegation Agreement 6 WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: Pool Program February 10, 2011Version including revocation or suspension, and (2) by maintaining adequate documentation throughout the enforcement process? c. Does the Board resolve identified violations within a reasonable time? d. Does the Board maintain records according to its records retention policy? Source Materials STANDARD 7: Industry & Community Relations Y Y a. Records for randomly selected licensed establishments b. Enforcement policies, procedures and tools Evaluation Criteria Comments Y Does the Board participate in workgroups, advisory boards, task forces or committees that work to 1. Work Groups identify, correct, and prevent health and safety hazards in licensed establishments? a. Does the Board lead or participate in activities that increase awareness of health and safety hazards, and control 2. Educational methods to prevent illness or injury? Outreach b. (MDH only) Has MDH been available to advise its delegated partners regarding issues covered under the Delegation Agreement. Source Materials Rating (0-2) W Y Any relevant materials the Board wishes to be reviewed ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement YELLOW: Required Program Elements required by the Delegation Agreement 7 WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: Pool Program STANDARD 8: Program Resources February 10, 2011Version Evaluation Criteria Comments a. Describe the current ratio of qualified inspection staff to the number of licensed establishments. b. (MDH only) Does MDH evaluate 1. Inspection its delegated partners’ compliance Ratio (sufficient with the Delegation Agreement to staffing) ensure that their programs are adequate to assure compliance by regulated parties to requirements in statutes and rules? Does the Board provide the 2. Inspection appropriate inspection equipment to Equipment its qualified inspection staff? Describe the source(s) of funding for this program. (Fees, General Fund, 3. Funding etc.) Does the Board maintain all licensing and inspection information in an 4. Data Sharing electronic format and make it available to MDH upon request? Is funding provided for staff training, 5. Professional conference attendance, and other Development professional development activities? Does the Board provide staff with 6. Staff Safety appropriate safety training and equipment? a. Electronic licensing and inspection data Source b. Organizational charts, with RS numbers, if applicable Materials c. Staff credentials and certifications (e.g., RS/REHS, CPO, CP-FS, CEHT) ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement YELLOW: Required Program Elements required by the Delegation Agreement 8 Rating (0-2) W Y W Y W W WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: Pool Program ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement February 10, 2011Version YELLOW: Required Program Elements required by the Delegation Agreement 9 WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions
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