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Home My WebLink AboutPacket ~ . ':;- ,. City of Carmel-Clay Township Board of Zoning Appeals Special Use Amendment Request Docket No. SUA-63-01 Drees Preferred Collection, Inc., d/b/a Zaring Premier Hom~s ~ f JaR(CtlVtO W 14 200t DOCS " BAKER & DANIELS .. .. EST. 1863 96TH STREET OFFICE 600 E. 96TH STREET, SUITE 600 . INDIANAPOLIS, INDIANA 46240 . (317) 569.9600 . FAX (317) 569-4800 . www.bakerdaniels.com JOSEPH M. SCIMIA DIRECT (317) 569-4680 DIRECT FAX (317) 237-8580 e.mail: jmselmia@bakerd.com INDIANAPOLIS FORT WAYNE SOUTH BEND ELKHART WASHINGTON, D.C. QINGDAO, P.R. CHINA June 14, 2001 The City of Carmel and Clay Township Board of Zoning Appeals c/o Mr. Laurence M. Lillig, Jr. Planning & Zoning Administrator Department of Community Services One Civic Square Carmel, Indiana 46032 Re: SUA-63-01 Dear Members of the City of Carmel and Clay Township Board of Zoning Appeals: On June 25, 2001, representatives of Drees Preferred Collection, Inc. an Ohio corporation doing business as Zaring Premier Homes ("Zaring") will appear before you to request a Special Use Amendment to delete the requirement that a lifeguard be present at The Lakes of Hazel Dell swimming pool during all hours when the swimming pool is open to the residents of the community (the "Commitment"). The requirement that a lifeguard be present at The Lakes of Hazel Dell swimming pool was imposed as a part of Petition No. SU-37-99. As you may recall, Zaring has previously requested a Special Use Amendment to delete the Commitment (Docket No. SUA-88-00). The prior case was withdrawn by Zaring. Following the withdrawal of SUA-88-00, many of the residents of The Lakes of Hazel Dell subdivision requested that Zaring continue to pursue a Special Use Amendment to delete the Commitment. The requirement to provide a lifeguard for the subdivision swimming pool has created an unnecessary administrative and financial burden for The Lakes of Hazel Dell Homeowners' Association. Other subdivisions located within the jurisdiction of the BZA with similar facilities are not required to provide a lifeguard when the pool is open to residents. Further, neither State nor Health Department regulations require a full time lifeguard at a pool of less than 2,000 square feet. The swimming pool at The Lakes of Hazel Dell is less than 2,000 square feet. I have enclosed a copy of a memorandum to John Molitor, attorney for the BZA, which supports Zaring's legal argument that the BZA may not impose a condition or require a commitment mandating that a lifeguard be present at The Lakes of Hazel Dell swimming pool during all operating hours in the absence of a specific local ordinance governing bather safety. have also enclosed copies of letters from sixty percent (60%) of the residents of The Lakes of INIMAN2\539984_1.DOC -- ~ .. The City of Carmel and Clay Township Board of Zoning Appeals -2- June 14, 2001 have also enclosed copies of letters from sixty percent (60%) of the residents of The Lakes of Hazel Dell indicating their desire to delete the Commitment and not require a fulltime lifeguard at The Lakes of Hazel Dell swimming pool. Zaring's Application for Board of Zoning Appeal's Action - Special Use Approval Request, together with additional supporting documentation, are on file with the Department of Community Services. We would like to thank you for your consideration of this matter and look forward to presenting Zaring's request to you on June 25, 2001. Enclosures JMS:msr cc: Ms. Dawn Barnett (w/enclosures) INIMAN2\539984_1.DOC ~ MEMORANDUM TO: John Molitor, City of Carmel FROM: Joseph M. Scimia, Baker & Daniels DATE: October 17,2000 RE: Special Use Amendment, Docket No. SUA-88-00, for Zaring Homes ofIndiana, LLC. ISSUE Can the City of Carmel-Clay Township Board of Zoning Appeals ("CCBZA"), in the absence of a specific local ordinance governing bather safety at public pools, impose a condition or require a commitment mandating that a lifeguard be present at a public swimming pool during all operating hours? SHORT ANSWER No. Although the Indiana State Department of Health ("ISDH"), which promulgates standards for public swimming pool operation, permits stricter regulation of public pools:by local ordinance, the CCBZA may not impose conditions or require commitments in connection with a special use approval that regulate public pools. FACTUAL BACKGROUND Petitioner, Zaring Homes of Indiana, LLC ("Zaring"), is the developer of a residential community known as the Lakes at Hazel Dell. Zaring petitioned for a special use approval to construct a private recreation facility,-which includes a clubhouse and swimming pool, in the S-l residential district. The CCBZA conditioned its special use approval and required a commitment from Zaring that a lifeguard be present at the swimming pool during all hours when the swimming pool is open to the residents of the community. Zaring has filed a Special Use Approval Request (Amendment) to delete Commitment No.2., B. (per SU-37-99), which requires that a lifeguard be present at the swimming pool during all hours when the swimming pool is open to the residents of the community. 'ii DISCUSSION Can the City of Carmel-Clay Township Board of Zoning Appeals ("CCBZA"), in the absence of a specific local ordinance governing bather safety at public pools, impose a condition or require a commitment mandating that a lifeguard be present at a public swimming pool during all operating hours? The Indiana Code authorizes the ISDH to promulgate rules over the "operation of [public] swimming. . . pOOlS.,,1 IND. CODE S 16-19-3-4(b)(14). Pursuant to this authority, the ISDH has promulgated rules regarding swimming pools in titles 410 and 675 of the Indiana Administrative Code ("lAC"). Specifically, the ISDH has asserted that a "swimming pool shall be under the supervision of a capable individual who shall assume responsibility for compliance with all parts of this rule2 . . . and any local ordinance relating to the safety of bathers." 410 lAC 6-2-6(a). The City of Carmel-Clay Township Zoning Ordinance ("Ordinance") is silent on bather safety at public pools. Zaring does not dispute that the City of Carmel-Clay Township (the "Municipality") can adopt an ordinance requiring lifeguards to be present at public pools during all pool operating hours. "If the state has not chosen to occupy an area to the exclusion of municipal regulation, then a city may impose additional regulations, provided the regulations are within the governmental unit's legislative authority and are not in conflict with the rights granted or reserved by the General Assembly." Yater v. Hancock County Planning Comm'n, 614 N.E. 2d 568, 575 (Ind. Ct. App. 1993). The State, through the ISDH, has not retained exclusive jurisdiction over bather safety. Title 410 of the lAC provides that "swimming pool[s] shall be under the supervision of a capable individual who shall assume responsibility for compliance with all parts of this rule. . . and any local ordinance relating to the safety of bathers." 410 lAC 6-2-6(a) (emphasis added). Thus, the State has recognized municipal regulation of public pool safety, but requires the municipality to regulate public pool safety by ordinance. The CCBZA is attempting to regulate bather safety at public pools by condition or commitment, not ordinance. In Burr~ll v. Lake County Plan Comm'n, 624 N.E. 2d 526 (Ind. Ct. App. 1993), trans. denied, the Commission denied the Burrells' preliminary subdivision plan, finding that "the subdivision would have an adverse effect on the health, safety, and general welfare of the community." Id. at 528. The Burrells appealed, claiming that "the standard under which their application. . . was denied is invalid because it represents an improper delegation of 1 In this context, a public swimming pool is defined as "any swimming pool which is intended to be used for . swimming or bathing and is operated by a concessionaire, owner, lessee, operator, or licensee, irrespective of whether a fee is charged for use." 410 lAC 6-2-1. This article does not apply, however, "to any swimming or wading pool, constructed at a one (1) or two (2) family dwelling, and maintained by an individual for the sole use of the household and house guests." Id. See also IND. CODE SI6-19-3-4(l4) ([The] "rules governing swimming and wading pools do not apply to a pool maintained by an individual for the sole use of the individual's household and house guests."). Therefore, Zaring's pool at the Lakes at Hazel Dell constitutes a "public swimming pool." 2 These lifeguard requirements are promulgated in 410 lAC 6-2-II(a): "One (1) or more qualified lifeguards. . . shall be on duty at pool side at all times when the swimming pool is open to use by bathers, except at pools with less than two thousand (2000) square feet of water surface...." Id. (emphasis added). Zaring's pool at the Lakes at Hazel Dell measures seventy-five (75) feet by twenty-five (25) feet, equaling only 1875 square feet of water surface. Thus, Zaring is not required by law to provide a lifeguard at the Lakes at Hazel Dell pool. INDOCS2\323441vl 2 " legislative authority." Id. at 531. To support their position, the Burrells argued that "the Commission may not exercise the sort of discretion reserved to a legislative body enacting a law or ordinance to protect the health, safety, and general welfare of the community, and that any attempt to delegate such broad authority would be improper." Id. at 532. The Indiana Court of Appeals agreed with the Burrells on this point, adding that "[w]ithin the area of administrative law generally, the courts. . . have held that although a legislative body may not delegate the power to make a law, it may delegate to an administrative body the power to determine facts upon which the law's action depends." Id. In its holding, however, the court found "that the health, safety, and general welfare standard of which the Burrells complain does not represent an improper delegation of legislative authority because the Ordinance provides guidelines regarding those characteristics adverse to the community. ,,3 Id. Unlike Burrell, the special use decision guidelines in the Carmel Ordinance do not contain a health, safety, and welfare standard. (Ordinance ~ 10-60(d)(1)).). But as Ms. Pat Rice noted at the August 1999 CCBZA meeting, the lifeguard issue is a "safety issue. . . clearly related to the health, safety and welfare of the community." (Minutes at 12.) As such, the CCBZA "may not exercise the sort of discretion reserved to a legislative body enacting a law or ordinance to protect the health, safety, and general welfare of the community. . .." Burrell, 624 N.E. 2d at 532. See also Saurer v. Board of Zoning Appeals, 629 N.E.2d 893, 899 (Ind. Ct. App. 1994) ("A Zoning Board may not on an ad hoc basis impose a condition or requirement not contained in the zoning ordinance. "). By imposing the lifeguard condition, the CCBZA has engaged in a legislative act and exceeded its authority, thus rendering the lifeguard condition void. See Schlehuser v. City ofSevmour, 674 N.E.2d 1009, 1014 (Ind. Ct. App. 1996) ("Any acts of the BZA that exceed the powers enumerated by the Indiana Code and the local zoning ordinance are ultra vires and void. "). In addition, an authoritative zoning treatise4 also does not countenance subverting the legislative process by using a condition or commitment to accomplish that which must be accomplished by ordinance. "Administrative bodies may not attach conditions which can be construed as a determination of a legislative policy that is not expressed in the ordinance nor 3 "We reiterate that the Ordinance. . . does not give the Commission unguided discretion to determine what conditions are adverse to the health, safety, and general welfare of the community. Instead,... the Ordinance. . . provides that property subject to specified adverse conditions may not be subdivided." Burrell v. Lake County Plan Comm'n, 624 N.E. 2d 526, 532 (Ind. Ct. App. 1993), trans. denied (emphasis added). 41n zoning-related cases, the Indiana Court of Appeals has cited this treatise extensively. See Area Plan Comm'n of Evansville and Vanderburgh County v. Wilson, 701 N.E.2d 856 (Ind. Ct. App. 1998); Schlehuser v. City of Seymour, 674 N.E.2d 1009 (Ind. Ct. App. 1996); Ayers v. Porter County Plan Comm'n, 544 N.E.2d 213 (Ind. Ct. App. 1989); Porter County Bd. of Zoning Appeals v. Bolde, 530 N.E.2d 1212 (Ind. Ct. App. 1988); Metropolitan Dev. Comm'n of Marion County v. Hair, 505 N.E.2d (Ind. Ct. App. 1987); Milharcic v. Metropolitan Bd. of Zoning Appeals of Marion County, 489 N.E.2d 634 (Ind. Ct. App. 1986); Metropolitan Bd. of Zoning Appeals of Marion County v. McDonald's Com., 481 N.E.2d 141 (Ind. Ct. App. 1985); Vehslage v. Rose Acre Farms. Inc., 474 N.E.2d 1029 (Ind. Ct. App. 1985); Metropolitan Dev. Comm'n of Marion County y. I. Ching. Inc., 460 N.E.2d 1236 (Ind. Ct. App. 1984); Strange Y. Board of Zoning Appeals of Shelby County, 428 N.E.2d 1328 (Ind. Ct. App. 1981); Pleasureland Museum. Inc. Y. Dailey. 422 N.E.2d 754 (Ind. Ct. App. 1981); Boffo v. Boone County Bd. of Zoning Appeals, 421 N.E.2d 1119 (Ind. Ct. App. 1981); Dandy Co.. Inc. v. Civil City of South Bend. County-City Complex, 401 N.E.2d 1380 (Ind. Ct. App. 1980). lNDOCS2\32344I vi 3 '; reasonably to be inferred therefrom. Legislative policy is to be determined by legislative authorities and not by administrative bodies, such as a board of appeals." 3 Ziegler. Rathkopfs The Law of Zoning and Planning ~ 40.04, at 40-8 to 40-9 (1999 SUpp.).5 In the August 1999 CCBZA Minutes, the CCBZA concedes that the imposition of a condition or commitment requiring that lifeguards be present during pool operating hours is tantamount to regulating public pool safety by inquiring "whether or not [public pool safety] is an area that we want to regulate." (Minutes at 11.) Moreover, it was "suggested that the Plan Commission could investigate the [public pool safety issue] . . . and perhaps draft an Ordinance if this is what the community wants.,,6 (Minutes at 12.) The CCBZA also cannotjustifiy its condition or commitment on Zaring's Special Use Approval with Indiana's Home Rule Act. The Home Rule Act provides that "[a] unit has: (1) All powers granted it by statute; and (2) All other powers necessary or desirable in the conduct of its affairs, even though not granted by statute." IND. CODE ~ 36-1-3-4(b). Though subsection (b )(2) vests a "unit" with broad regulatory powers, a board of zoning appeals "is not a 'unit' under the Act. . .." Schlehuser, 674 N.E.2d at 1013. See also Pro-Eco. Inc. v. Board ofComm'rs of Jay County. Indiana, 956 F.2d 635,639 (7th Cir. 1992) ("Thus, it is quite clear that a zoning ordinance is not governed by the Home Rule statute."). Therefore, the CCBZA may not invoke Indiana's Home Rule Act to impose a condition or commitment on Zaring that requires a lifeguard to be present at public pools during pool operating hours. CONCLUSION Although Zaring acknowledges the Municipality's authority to regulate public pool safety under an ordinance, this authority does not support the imposition of a condition or commitment as part of a special use approval in the absence of a specific city ordinance. To do so would frustrate the local legislative process, allowing boards of zoning appeals to improperly legislate through conditions and commitments. In addition, the CCBZA's condition is not justified by Indiana's Home Rule Act, which does not apply to zoning ordinances. 5 The Indiana Court of Appeals adopted a similar portion of the same treatise in Schlehuser v. City ofSevmour, 674 N.E.2d 1009, 1014 (Ind. Ct. App. 1996) for the proposition that "[r]estrictions [and conditions] . . . may not themselves exceed the scope of authority delegated to the BZA by the relevant ordinance or statute." Id. The court in Schlehuser applied this standard to arrive at its holding. See id. See also Metropolitan Dev. Comm'n of Marion County v. Schroeder, 727 N.E.2d 742, 754 (Ind. Ct. App. 2000) (relying on the standards in Schlehuser to determine the reasonableness of zoning-related conditions). 6 Terry Jones and John Molitor made this suggestion. lNDOCS2132344I vi 4 ** JOB STATUS REPORT ** AS OF OCT 17 2000 4:52 PM PAGE. 01 BAKER DANIELS 4 JOB #155 DATE TIME 001 10/17 4:47P TO/FROM MODE MIN/SEC PGS 317 843 5514 EC--S 03' 33" 005 STATUS OK BAKER & DANIELS - 600 East 961h Street, Suite 600. Indianapolis, Indiana 46240-3728 (317) 569.9600 . FAX (317) 569-4800 Indianapolis Fort Wayne Elld18rt South Bend Washington. D.C. FACSIMILE COVER LETTER CORFmENTIALITY 1'I'0'1'1CE: THE MATERIALS IN TJUS FACSIMILE TRAfiSNISSION ARE PlUVATE AND CONFII>PTIAL AND.ARE THE PROPERTY OF THE SENDER. THE INFOlUrlATlON CONTAll'lED nr THE JlATBlUAL IS PRIVILEGED AND IS IN1'E'NDED OBLY FOR THE USE OF THE DfDlVIDl1AL(S) lfJU\1ED ABOVE. IF YOU ARE NOT THE mTElfDED RECIPIENT, BE ADVISED THAT AIf'{ UNAlJTBORIZEU DISCLOSURE, COPYllfG, DISTlUBlJTlON OR THE TAKING OF AIfY ACTION IN REI.IA1fCE ON THE CORTEBTS OF THIS MATERIAL IS STRIC'l'LY PROHIBITED. IF YOU HAVE) RECEIVED THIS FACSIMILE TRAN8ll1USSIOlf nr ERROR, PLEASE IMJlEDJATELY NOTIFY U8 BY TELEPHONE TO ARRAlfGE FOR RETURN OF THE FORWARDED DOCUMENTS TO US. PLEASE DELIVER THE FOLLOWING PAGE(S) TO: Name: John Molitor, Molitor & Grisham I: AX Telephone No.: 843--5514 From: Jon C. Graf Date: Odober 17, 2000 Comments: Please call Jon or Joe if you have any questions. Return To: Marilyn S. Rees - 6N-a Total number of pages, including cover letter: 5 A hard copy of this transmission will be sent by regular mail. will be sent via overnight mail. x will not be sent under separate cover, IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL THE FAX DEPARTMENT AT (317) 569-4888 AS SOON AS POSSIBLE. -; WEST'S ANNOTATED INDIANA CODE TITLE 16. HEALTH ARTICLE 19. STATE DEPARTMENT OF HEALTH CHAPTER 3. POWERS AND DUTIES OF STATE DEPARTMENT OF HEALTH AND EXECUTNEBOARD Current through End of 1999 1st Reg. Sess. 16-19-3-4 Protection and improvement of public health; adoption of rules Sec. 4. (a) The executive board may, by an affirmative vote of a majority of its members, adopt reasonable rules on behalf of the state department to protect or to improve the public health in Indiana. (b) The rules may concern but are not limited to the following: (1) Nuisances dangerous to public health. (2) The pollution of any water supply other than where jurisdiction is in the water pollution control board and department of environmental management. (3) The disposition of excremental and sewage matter. (4) The control offly and mosquito breeding places. (5) The detection, reporting, prevention, and control of diseases that affect public health. (6) The care of maternity and infant cases and the conduct of maternity homes. (7) The production, distribution, and sale of human food. (8) The conduct of camps. (9) Standards of cleanliness of eating facilities for the public. (10) Standards of cleanliness of sanitary facilities offered for public use. (11) The handling, disposal, disinterment, and reburial of dead human bodies. (12) Vital statistics. (13) Sanitary conditions and facilities in public buildings and grounds, including plumbing, drainage, sewage disposal, water supply, lighting, heating, and ventilation, other than where jurisdiction is vested by law in the fire prevention and building safety commission or other state agency. (14) The design, construction, and operation of swimming and wading pools. However, the rules governing swimming and wading pools do not apply to a pool maintained by an individual for the sole use of the individual's household and house guests. INDIANA ADMINISTRATIVE CODE TITLE 410. INDIANA STATE DEPARTMENT OF HEALTH ARTICLE 6. SANITARY ENGINEERING RULE 2. SWIMMING AND WADING POOL OPERATIONS Current with amendments received through 3/10/2000 410 lAC 6-2-11. SUPERVISION; PERSONAL CONDUCT Sec. 11. (a) One (1) or more qualified lifeguards, trained by the American Red Cross, YMCA, or YWCA, and possessing as minimum qualifications, current basic lifeguarding, lifeguard training, adult cardiopulmonary resuscitation, and standard first aid course certificates, shall be on duty at pool side at all times when the swimming pool is open to use by bathers, except at pools with less than two thousand (2,000) square feet of water surface used exclusively by a motel, apartment complex, condominium, hotel, or similar occupancy which is complying with section 6(h) of this rule (410 lAC 6-2-6). Such lifeguard shall be in full charge of bathing and have authority to enforce all rules of safety and sanitation. Additional lifeguards sufficient to maintain a patron load of not more than seventy-five (75) persons per lifeguard shall be on duty when the pool is open for use. Lifeguards qualified as a lifesaver under this rule shall be allowed one (1) year from the effective date of this rule or until the expiration of their current certification, whichever is less, to meet the lifeguard requirements as defined in this subsection. At least one (1) individual trained in first aid and cardiopulmonary resuscitation shall be available at the public swimming pool or wading pool whenever the facility is open for use by bathers. The American Red Cross standard first aid course may be considered as a minimum. (b) The following personal conduct requirements shall be enforced: (1) All bathers shall be instructed to use the toilet, and particularly to urinate, before taking a cleansing bath and entering the pool. (2) All persons using the swimming pool shall take a cleansing shower bath, using warm water and soap, and thoroughly rinsing off all soap sudS; before entering the swimming pool rooms or enclosure. A bather leaving the pool to use the toilet shall take another cleansing bath before returning to the swimming pool room or enclosure. (3) Spitting, spouting of water, blowing the nose, and other similar behavior in the swimming pool, shall be strictly prohibited. (4) No running, boisterous or rough play, except supervised water sports, shall be permitted in the pool, on the runways, diving boards, floats, platforms, in dressing rooms, or showers. (5) Suitable placards embodying the personal conduct requirements and instructions in this subsection, and those relating to suits and towels, where applicable, shall be conspicuously posted in the swimming pool room or enclosure and in the dressing rooms and offices at all swimming pools which are subject to this rule (410 lAC 6-2). (6) Persons having any considerable area of exposed subepidermal tissue, open blisters, cuts, etc., shall be warned that those are likely to become infected and advised not to use the pool. INDIANA ADMINISTRATIVE CODE TITLE 410. INDIANA STATE DEPARTMENT OF HEALTH ARTICLE 6. SANITARY ENGINEERING RULE 2. SWIMMING AND WADING POOL OPERATIONS Current with amendments received through 3/10/2000 410 lAC 6-2-6. SAFETY REQUIREMENTS; SUPERVISION; LIFESA VING/ LIFEGUARDING EQUIPMENT Sec. 6. (a) The swimming pool shall be under the supervision of a capable individual who shall assume responsibility for compliance with ~ll parts of this rule (410 IAC 6-2) and any local ordinance relating to the safety of bathers. (b) Acoustical treatment, including materials and ceiling design, shall be given to enclosed pool rooms to control noise levels so that swimmers can hear signals and directions of routine supervision as well as emergency control. (c) Any swimming pool operated primarily for unorganized use and having an area of more than two thousand (2,000) square feet of water surface area shall be provided with an elevated lifeguard platform or chair. Such lifeguard platforms or chairs shall be placed in locations which eliminate sun glare on the water and in positions which will allow complete visual coverage of the pool and the pool bottom within a field of view no greater than forty-five degrees (45degrees) on either side of a line of sight extending straight out from the chair. In pools with four thousand (4,000) square feet or more of water surface area, additional elevated lifeguard platforms or chairs shall be provided and located to provide a clear, unobstructed view of the pool bottom in the area under surveillance. (d) Not less than one (1) unit of lifesaving equipment shall be provided at every public swimming pool. For each two thousand (2,000) square feet of water surface area or major fraction thereof, one (1) unit of equipment shall be provided. Each unit of lifesaving equipment shall have its function plainly marked, be kept in good repair and in ready condition, and shall consist of all the following: (l) A ring or throwing buoy not more than twenty (20) inches in diameter with enough weight for accurate throwing fitted with a forty-five (45) foot length of at least a one-fourth (1/4) inch diameter line. (2) A life pole, or shepherd's crook type of pole, having blunted ends with minimum length of twelve (12) feet. (3) A spine board with ties and rigid cervical collars. (e) Every swimming pool shall be equipped with a standard first aid kit, recommended or approved for swimming pools by the American Red Cross. The first aid kit shall be kept filled and ready for use. Availability of a kit in the office of the resident manager for a motel, campground, apartment complex, or hotel shall satisfy this requirement for such pools. (f) Lifesaving equipment shall be mounted in conspicuous places distributed around the swimming pool deck and at lifeguard chairs. It shall be readily accessible, within twenty (20) feet of the pool, its function plainly marked, and kept in good repair and ready condition. Bathers or others shall not be permitted to tamper with or remove such equipment from its established location for any purpose other than the intended emergency use. (g) When the swimming pool is not open for use, access to the pool shall be prevented by a fixed barrier with a locked entrance and a sign stating "POOL CLOSED" in clearly legible letters at least four (4) inches high affixed to the entrance closure. (h) Whenever the pool area is opened for use and no lifeguard service is provided, warning signs shall be placed in plain view at the entrances and inside the pool area which state, "Waming--No Lifeguard on Duty" with clearly legible letters, at least four (4) inches high. In addition, the signs shall also state in clearly legible letters at least two (2) inches high, "No Swimming Alone. Children Under 14 Years Of Age And Non-Swimmers Shall Not Use The Pool Unless Accompanied By A Responsible Adult.". (i) Signs stating, "No Diving" in clearly legible letters aUeast four (4) inches high shall be displayed at nondiving areas and at portions which are five (5) feet deep or less. These signs must be clearly visible to bathers entering the pool in nondiving areas. Diving shall not be allowed in pools or areas of pools which are not designed and constructed for that purpose. (j) Every swimming pool shall have a readily accessible room or area designated and equipped for emergency care. (k) A properly connected, usable telephone shall be located at or within two hundred (200) feet of the public swimming pool or wading pool. The telephone must remain available for emergency use. Emergency telephone numbers must be posted within view of a person using said telephone. These telephone numbers shall include the name and telephone number of the nearest available physician, ambulance or rescue unit, hospital, police station, and fire department. A sign shall be posted in the immediate vicinity of the public swimming pool or wading pool stating the location of the telephone. The sign shall also state that emergency telephone numbers are posted at the telephone. (1) Swimming pools having portions with water depths of more than five (5) feet shall have a removable buoyed transition line anchored at each end and extending across the width of the pool at a point one (1) foot upslope from the breakpoint between shallow (five (5) feet or less) and deep (over five (5) feet) areas whenever the pool is open for use except when the pool is being used for organized competitive activities. (m) When on duty, lifeguards shall not perform any duties other than lifeguarding and shall not be in the water except in the line of duty. (n) The operators of all public swimming pools and wading pools shall provide a lifeguard orientation and training program annually and when new guards are employed. TITLE 16 HEALTH AND HOSPITALS Art. ]. . l?UBL"IC HEAL'I'R Art. 9.5. MEDICAL MALPRACTICE Art. 12. COUNTY liOSPITAL AUTHOlU'l'Y Art. 12. 1 RIVERVIEW HOSPITAL ARTICLE 1. PUBLIC HEALTH Ch. 3. Ch. 4. Ch. 20. Ch. 26. Ch. 42. state Departlnent of Beal th Rules Local Department of Health Rules Food Establishments Water Supplies Mass Gathering Licenses Chapter 3. state Depar~eDt of Bea1tb Rules 16-1-3-13 swimming pool Rulea 16-1-3-3.3 swimming ~ool Rules Sec. 13. (a) PURPOSE: This County Code section regulates the construction, maintenance, and operation of sw~ing pools in the County. ():)) DEFINITIONS: Unless the text specificallY indicates otherwise, the meaning of terms used in the County Code section are as follows: (1) "Health Officer" means the duly appointed, qualified and acting Health Officer of the county, or the Officer I s authorized representative. 370 '" (16-1-3-13) SWll\1MlNG POOL RULES (2) "Person" means any individual, partnership, firm, corporation, institution, school, unit of government, or officer or employee of any of those entities. (3) "swimming pool" means any structure, basin, chamber, or tank containing a body of water for swimming, diving, or recreational bathing. The term also includes ~uxiliQry otructurQ~ such as drAss~ng and locker rooms, toilets, showers, and other areas and enclosures that are intended for the use of persons using the pool. The term does not include any of the following: (A) Pools and auxiliary structures and equipment at private residences intended only for the use of the owner and friends. (B) Spas, hot tubs, or bathing beaches. (~) APPLXCATXON: This county Code section does not apply to any swimming or wading pool maintained by an individual .for the sole use of the individual's household and house guestp. (d) CONSTRUCTXON, SANX~ATION, AND OPERAT!:ON RBGULATIONS; REVIEW OF CONSTRUCTION PLANS AND PERMITS: (1) The requirements of the l:ndiana swbmling Pool Code of the state Fire Prevention and Building Safety C01Dll1ission (Rule 675 :IAC 20-1) and State Department of Health (Rule 410 :IAC 6-2) ,_"swimming and Wading Pool Operation", are incorporated by reference as a part of this county Code section. All slNimminq pools shall be designed, constructed, maintained and operated in accordance with the Swimming Pool Code. A swimming pool shall not be constructed, installed, maintained or operated in the county until the plans and specifioation have been approved by the state Fire Prevention and Building Safety Commission. . (2) Plans and specifications for swimming or wading pools submitted for approval shall have been prepared by or under the supervision of a professional engineer or architect legally registered in Xndiana, be oertified by the engineer or architect, and bear the enginee;r or arohitect's official seal. 371 " (16-1-3-13) SWIMMlNG POOL RULES The sanitary sewer serving the swimnling pool and auxiliary facilities shall discharge to the public sewer system whenever possible. Where no such sewer is available, the connection shall be made to a suitable disposal plant designed, constructed, and operated in compliance with Ie 13-1-3 and 410 lAC 6-8. (q) DEPTH MARK:INGS: Depth lnarkings shall conform to 675 lAC 20-1-4 (J) (Indiana Swimming Pool Rules). (h) VI:S:ITOR AND SPECTATOR AREAS; FOOD AND DRI:Nlt AREAS: There shall be absolute separation between the spaces used by visitors and spectators and those spaces used by bathers. Visitors and spectators in street clothes may be allowed within the perimeter enclosure if in a separate area segregated fro1l\ the space used by the bathers. Food or drink shall not :be permitted in the immediate area of the swiltllning pool or on the decks surrounding the pool except that food and beverage will be allowed in the visitor and spectator area, or in a silnil.arly separated snack area for bathers, if beverages are served in non-breakable containers and trash containers are provided to keep litter off of the pool decks. (i) SAFETY REQm:ltEHEmS; SVPElRVISI:ON; LI:FESAVXNG EQUI:PHEN'l' The swimming pool shall be under the supervision of a capable individual who shall aSSU1I1e the responsibility for compliance with all parts of 410 IAC 6-2 and any l.ocal ordinance relating to safety of bathers. Enough acoustical treatment, including materials, and ceiling design, shall be given to enclosed pool rooms to control noise levels. It is essential for safety that swimmers be able to hear signals and directions of routine supervision as well as emergency control. 373 ~ (16-1-3-13) SWlMMING POOL RULES (n) SUPERVJ:SION; PERSONAL CONt)'O'C'l' REGULAT:IONS: One (1) or ~ore qualified attendants, trained in rescue and resuscitation, such as current training as a lifesaver or water safety instructor by the American Red cross, Young Menls christian Association (YMCA), or equivalent shall be on duty at pool side at all times when the swimming pool is open to use by bathers, except at pools ~ith less than two thousand (2,000) square feet of water surface used exclusively by a motel, apartment complex, hotel, or similar occupancy which is complying with "410 IAC 2-6 (h). Such attendant should be in full charge of bathing and have authority to enforoe all rules of safety and sanitation. At least one (1.) individual" trained in first aid (the Amerioan Red Cross basic course in first aid or its equivalent. may be considered as a minim~) should be available on the grounds of each pool while it is open to use by bathers. The following personal conduct regulations shall be enforced by the management of the swimming pool: (1) All bathers shall be instructed to use the toilet and particularly to urinate before taking a cleansing bath and entering the pool. (2) All persons using the swimming pool shall take a cleansing shower bath in the nude, using warm water and soap, and thoroughly rinsing off all soap suds before entering the swimming pool roomS or enclosure. A bather leaving the pool to use the toilet shall take another cleansing bath before returning to the swimming pool room or enclosure. (3) Spitting, ~pouting of water, blowing the nose, etc. in the swimming pool is prOhibited. (4) No running, boisterous or rough play, except supervised water sports, is permitted in the pool, on the runways, diving boards, floats, platforms, or in dressing rooms, shower rooms, etc. (5) Suitable plaoards embodying these personal conduot regulations and .instructions and those relating to suits and towels, shall be conspicuously posted in the swimming pool room or enclosure and in the dressing rooms and offices at all swimming pools which are subject to these regulations. 379 -= ~~ . _ Indiana State ei~l De12artment of Health FAX FAX Number: (317) 233-7378 TO:~.~ ~!~. From: Linda Stemnock ERClData Analysis Phone Number: t) ro9, 48'33 Phone Number; 317.233.7536 Number of Pages rt1 (including cover sheet) U FAX Number: J37. f5f3 Comments: !l c-f,t.e~ /Ire ~~'-ry ~ ~ m tq?~,~~( ~ ~ flW ~~t/f.1' ~ f!.~ J-07 u V (q ?S - {t:t qb. ~ R1L~ ~iJ ~ ~~ ~ -= Indiana State Del1artment of Health FAX FAX NumbAr' (~17) 233-7378 TO:~ (~ From: Linda stemnock ERe/Data Analysis Phone Number: (69. 413.3 Phone Number: 317.233.7536 Number of Pages rjI (including cover sheet) ~ FAX Number: ;137.15'13 , Comments: ~ ~ /}IrA) ~~ f) =t 1zrP- ~ ~ "f7 l"itft,- f<1~,r. ~"-" I q?j '1 ~_"~ ~?!/~ ;2. l> 0 0 p~t.~~-m...J . -'- I~. v. IL ~ ~M.1!.. (iA)1~d'. '-jtll.,L r...t.:UM.~ lfiI u/Hr--, , UttLRZh ~~d, J f P hML rJtJJh )./ l?-tfZt.<-. Aat~ p~1A,t4 ~ aA-{.{X~~~/4f 0/1... /1..fU..:t. ~ a..J'L~ 1Zth~fl t: , / >t,lll tt7"N."(tl.-fiftJ1U. ( 00 ZARING HOMES I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell cOfl1munitypool. I ,i .4 ; ''(I . ~i A/ Hilla :Family A Zaring National Company NASDAQ: ZHO~1 2629 Waterfront Parkway East Drive. Suite 301 . Indianapolis. Indiana 46214 317.347.7300 . Fax 317.347.7318 http://www.zaring.com 00 ZARING HOMES I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. ///~ .( /~~~ --M6Oje Familv \ .",.\.. ;1"-~/' ,\f\ C(k!~ J,j \-1.,...'-... I --"V -J A Zaring National Company NASDAQ: ZHOM 2629 Waterfront Parkway East Drive. Suite 301 . Indianapolis. Indiana 46214 317.347.7300 . Fax 317.347.7318 http://www.zaring.com " 00 ZARING HOMES I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. I' I) c: I)~L ~C{. West Family A Zaring National Company NASDAQ: ZHOM 2629 Waterfront Parkway East Drive. Suite 301 . Indianapolis. Indiana 46214 317.347.7300. Fax317.347.7318 http://wv.w.zaring.com ~ ZARING H 0 M E S I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell c?Jm~lInitr P~o~/' i/ ,... / / / r:-;--- /' ,/ ,t' /:':> ./ ./ i. (vu ~. vi '~ R etgge'/amily A Zaring National Company NASDAQ ZHOM 2629 Waterfront Parkway East Drive. Suite 301 . Indianapolis. Indiana 46214 317.347.7300 . Fax 317.347.7318 http://www.zaring.com ~ ZARING HOMES I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. J)wl~ ~ Xie Family A Zaring National Company NASDAQ: ZHOM 2629 Waterfronr Parkway East Drive. Suite 301 . Indianapolis, Indiana 46.214 317.347.7300 . Fax 317.347.7318 hnp:/ /wv.w.zaring.com 00 ZARING HOMES I support the developer Zarina Home t . . . Dell community pool. ' e S, 0 not reqUIre a full time lifeguard at the Lakes of Hazel )1'" C). L (1 I (t~ -\ i~)\ it),~\-}J'J Brooks Family , J" c4 J l.<J, ,A ~ '~ ~~J '-k b-k ," ~~~~\.Ni ,Ai, uV)r"'~ ,,~ '-; fM'(f L,~~ .~M ~ ,/'4-<'-4ut~ f,~ ~,~'" ~ '{ ~ T"'- ~ ,~ 't &0-" '-1' w-\!il ":f tL f" " 0 l]c>-iL ,'" JL;1' ct ' I.~ [.l~ ~J ~ L~ "p"-iW ~~ Lc,-f~~ r,J" ~".:;\ e-tc d {k fO+- vJ Lc--" ,J-<.~l c.Di k>-r to ,~~,d CA :><t"' F' fuuL ~uLES ,iuD Ot-Ft. VtJO [p- I b Ci II ',v(' J Wi 1 ~cv '\ c. n c, ,Iv J {- Iv D G L A55 FUiT lE5 /Vv (ZLJ/JtVi,v6 N.' Suj [A ~ I fI..) (;, t ~JPt.~ ATTIRE:" - 1h~ 4~ ,~ ~ a.-. ~. J t1J.. ~StJ. l~ s.J2p~ Q .~ W..... -. 44. ~.{ ,,'^{ F'lJ. ~ 'if. f"',f WE. 0 0 h \,J iJ Rll-t1 ~'I L L 0 SI r ~ 0 t^1 () lJ (( 0. ~~ of? ~~~..w~~ 03"J'CL0- j 'If'" Tt.-J( ch-<. ~ "7 ff {tlJl< ,11 LI,.f~ Guill/) o V C) ~ -l 11~ &...,fo ,;t,A / r- ~ A Zaring National Company NASDAQ: ZHO:-'l 2629 Waterfront Parkway East Drive. Suite 30 I . Indianapolis. Indiana 46214 317.347.7300 . Fax 317.347.7318 http://www.zaring.com JAt-I-20-Ul .(. ,.4.. \-l" . 1t[J (~c{1/ I 1 1 : 2 ~ H 1'1 '? ..\. .;. ~_1 ,~1 .... ...;. ...:: .=. .:. ;:' ~_' ~ ZARI:'\G H 0 M E S I support the dl:veluper, Zaring Homes. tu not rC4uirc II rul! time lircgucmJ ilt the Lakes or Ila/.d Dell community pool. ~ Dalton Family A Z"r;".~ Nur;Qn,,1 Compally N,'~I>.,(~; IHll:l" .'h.1') \X.'~"'rfmnl I'arkwav 1.;"'1 l>liv., Suile .~1l1 . IlldiallJp"li,l. InJIJll.l ',(;21... .\1 7. \.P.7.\01l . 1'a.\17..~47,7'\IR hi r 1'://w\\w,/Jrin!:,(om JAN 20 2001 10:39 18004228390 PAGE. 001 fZj ZARING HOMES I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. .-l '<-Q ~ L,ll\ ,~ 4-(.t\H A Zaring National Company l'ASDAQ: ZHOM 2629 Waterfront Parkway East Drive. Suite 301 . Indianapolis. Indiana 46214 317.347.7300 . Fax 317.347.7318 hHp://.....ww.zaring.com 00 ZARING HOMES I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. ~1w~ Tr a A Zaring National Company NASDAQ: ZHOM 2629 Waterfront Parkway East Drive. Suite 301 . Indianapolis. Indiana 46214 317.347.7300 . Fax 317.347.7318 h[[p://www.zaring.com 00 ic;, \, I '"(' Vi if . Z A R I N G HOMES I support the developer, Zaring Horries, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. " 'I , /" ,/, if' . \ I 1 ,i ; ! t .j ---'. -) Klair Family A Zaring National Company NASDAQ; ZHOM 2629 Waterfront Parkway East Drive. Suite 301 . Indianapolis. Indiana 46214 317.347.7300 . Fax 317.347.7318 http://,,,,,\w.zaring.com 05/15/2001 13:eS 7251503 ESTAES r ...,......_ _.- ......~..........." I r.a ~ ~< ~~Q.~ ~ ~ .. Or!', (....,...; I support ~ develope-r, Zaring Premier Homes, to not require a full time lifeguard at the Lak.es of Hazel Dell community pool d ~JI; 1Ia/ -- Mikov Family 12510 Shadow Co....e Way 161'> W~t~rfr~'nt P.lrkw:lY EaSl Drive. Suite 301 . Ind.ian~poli\. Ind,an;! ~C.214 H7.3477300 . Fax 317.347.7316 www.~arinf,.cOlT'. -." ''''l;.l/MtNTS :;; 3174886868 . ~ ,1lh/(J CJ~/'Jt1J T-983 P.U/IU/ r-oaa J SUPPOrt the developer, Zaring Premier liornes, to not require a full time lifeguard ar the Lakes of .Hazel Dell community pool. ~am~ 5789 Berry Glen Court MAy 17 2001 13:59 262. W""f",", r"....y Iu, Do"". Sui" 301 . /'"'''''''''' r,di,,, 46214 3J7.34i'.73c>O . F~:(317.3<i7.731~ wWW.l;,ring.cOtn --. -"--. - -"-._--- ~ -~--~-~-----~------------~-----~~~--~--~-~-~~--~ ~1..,A~__ ~ 135/17/213131 113: 46 7El51603 ESTATES PAGE 131 ~ )/tAl -- DwYJI A /)~~l! ~'''''',. 'II)' 1 support the developer, Zaring Premier Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. ~tvW)~ w ~ott Muly 12526 Pebble Knoll Way 262~ Waterfront Park....ay Easr Drive. Suite ,,01 . IndiarupolLs.Indiana46214 317.347.7300 . F:v.: 317.347.7318 __ lOlring.com ..,., -:1""""1 1 #/ = Ci\? 7251503 PAG:.01 .. MAY 17 '01 13:26 FR PRUDENTIAL SECURITIES317 237 3526 TO 93477505 fXj ~ A V-u.' (.'."'_1':1 f"'.I::J<:::/IQ'::: I support the developer, Zaring Premier Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. ';pj)~ 4~ ;jU-d-~ Huser Family 12397 Autumn Gate Way 2(,29 Wm:rfront hrkway East Drive, Suite 301 . Indi,lnapuli), Indluu. 46214 317.}47.7300 . F.-.d17.347.7,;lS www.nring.conl ** TOTAL PAGE.02 ** 2~0'39~d 5188 8vS L18 00 ..o! p!,~" '..../lIr.~tl 'r 0v: 1 1 1002 9 1 ^~W I support the developer, Zaring Premier Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. ~~ exander Family ... 12569 Aurumn GateWay ~ ~~ ~~/ ~ (f'/~ 2629 Waterfront Pukway .East Dri~. Suite 301 . Indi:mapoll.1. (ndian:l46214 317.347.7301l . Fax 317.347.7318 www.urin~.com "'TCC_ChC_/Ti:' '.....(.~.~':...,'~'~_~~.. o. OC:tt t00Z/9I/S0 05/16/2001 17:37 7051603 ESTATES PAC;::: tll A-nl{. ~ ~ I fl] ~ .A !J .'.J (~....f:~If.'! 1 support the developer, Zaring Premier Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. 2629 W.uerfronc rarkway Em Drive. Suite 301 . Indian:lpc:i~. Indiana 462.4 317.347.7300 . Fax 317.347.7318 www.taring.com MRY 16 2001 17:58 7051603 PAGE.01 ~ 00 ...f P"(('f C"":!,.f",~' ! . '." "L.;I 5 I support the developer, Zaring Premier Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. /f "'- Roberts Famil; - 12461 Autumn Gate Way LP ./ II ....--/) ~~ / . " f _t ~.... /1...:;::2-/ 2629 \'V'aterfront Parkway East Dtiv<:. Suitt: 301 . Indi;mapolis. Indiana 46214 317.347.7.~00 . Fax 317.347.7318 www.zaring.com ~ ~ ~, A l)r,'c' CII":,~..~'" I support the developer, Zarin Hazel Del '.. Ol.( equire a full time lifeguard at the Lakes of ---'" ..-// ~ 2629 Warerfront Parkway East Drive. Suire 301 . Indianapolis. Indiana 46214 317.347.7300 . Fax 317.347.7318 \\'\\'\\'.zaring.conl l ~ '-, A f}....,.; (""":/,.117)' I support the developer, Zaring Premier Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. v~---- &r f 1J1/1~ 2629 \'qarerfront Parkway Easr Driv.:. Suire 301 . Indianapolis. Indiana 46214 317.347.7300 . FadI7.347.7318 .....ww.zarlng.com r1I4Y-l::>-Ul "'2 :.:51::) _HI ;r flj .~ i~"~'i (,TI,:t.,,,, I support the developer, Zaring Premier Homes, to not require a full time lifeguard at the Lakes of Ha7.el Dcll community pool. 5(~~- C~JCl-/ Crosley Family /' 5748 Pebblestone Court 2(,29 W~tcrffllnl Parkway fm Drive. Suite .~Ol . Indi3n3p()h.~. Ind13r.:I46214 317.347.7300 . Fax317.347.7318 www.t.3ring.com MAY 14 2001 14: 36 PAGE.001 M~Y-14-~1 ~5:17 ~M M~RIL.YN C~Rl'lHN .L~"'-::'II .. ~ lLJ ., i'.". ..",..,t I support lht..: d~vdup~r. Zaring rr~lllit:r HiJll\~S. to 110\ require a filII time lift:g\l~ml (It the lnkec; of Il.17el Dell comlllllnit) pool. ';{V~1.~_..cL\i,.10V+1l / Carman J-ami~" S'J1l9 c'iankn (i:~h: \VJY l.(,'" WJr.'rlr'1Il1 (',lrkw,IY t'.,1<1 l)li,~, ~lPIC .\111 . In,li,llI,II'"li" Iud.,.,,, .-it'.'.l.; .H7.,\r' 7:\ll1\ . F... .~PJ..i.7Hll \V'\vw .I.~'I "Yo.c. C'IH MAY 14 2001 15: 15 219 277 8124 PAGE.001 Ma~ 14 U1 08:42p James Glenn@Enteras~s ~4~-.,<tb-~t.;;JO r. . '" ~ .-1 tl,~., ('II" r." 'II" ~ISazuPeP) ODrtelt)he deve)o~er, Zarling Premier Homes, tCl no: require a futl time lifeguard a'L ['00 L~.l'e- r.f r communtty poo . ... L..'\. ~ u (} rr\2.J; t G nn Family 5 48 Marsh Glen Court vi 2629 W;lrnfrolH P:lfkw,y E3St Drive, Suire 30l . InJianapoJis. Indiana 46214 317.347.7300 . Fa:d17.347.7318 www.zaring.com MAY 14 2001 20:50 248 446 8,36 PAGE. 001 05-1;3-0122:"18 1D= ..fUJ. .. fZj A 1),.ul ('w...,.,JI,., I support the developer, Zaring Premier Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. (lvt ~) 9nM f}tl ~LJ~ Dufek Family . J U 12547 Robinbrook Drive 2629 W~tcrfronf PMkw;\y Ea.l Drive. Suite 301 . lncli~n:lr('lli~. Indian.\ 16211 317.347."301l . F;l.x 317.;;47.7.'118 www.7.:lfing.cnm PAGE.001 MAY 14 2001 11: 16 Ma~ 13 01 06:56P. S COH~N 317-~81-S7t:)'I p. 1 ~ . I ~. ,", .. '.oJ".( .: \ I st:!;:J~)I'l t>" a';;:\,r'l.""~c:" Z:->r;"" PI'''I,,;,''''r1,.,.;><; t. l"~' r"~"'l'-'" '. 'l"'l.;r"~ \:t...."'..r.1..,' ,\.~ 1 .,'.~.l,f l"~-" ..... .... ....t" ., ... .....= '... ...\001 &._......'-'.... 1..'_' ~""'.~ .......11".,,0 .... ':.. ..... ~.. I:... .1 _,:;..._.....t ;;..~ L:i.~ ......Cl........:- ' Hazel DeB community pool. ~ . - -- .. ~ Cohen Famil~ 12572 Autumn Gate Way ~ 2629 Wa:erfmm Pa:'kw;\\, L,S[ Driv~. Suirl' JOI . Illdi:II\J!-,(1li~.lmhanJ 46214 317.:'147.7-'00 . Fax 31 i3'17.7.H8 MAY 13 2001 18:48 www.7.arll1f..con: 317 381 9767 PAGE. 001 . ~ .' '- .-1 l>r~t'.' C".';....I.:.. I support the developer. Zaring Premier Homes, to not require a full time lifeguard at the LakesQf Hazd Ddl c01~lmuniLY pooL //- lA!2~~(1(~\ ,.., . I ,-' "1 ... ' ..v nlt~O\\. t" ~~:......~___~~./ . ._~/ 12512 Gladecrest Drive 2629 Waterfront Parkway East Drive. Suite 301 . Indianapolis. Indi,wa -16214 317,347,7.~()0 . Fax 317,347.7.~18 www.zaring.com - . OS/23/2001 14:35 7051603 ESTATES PAGE 01 I 00 .-.\ "',.',".1 (,II."',.".." 1 Sl~:c/O:-t t'h~ r!~ve1'J?e7. Zcr;r:::Prem:e; H'~~les, to no~ re~uire a full time Ijfegu~rd at the L~(~s of H:1zel Deli communi:y pool. ~{\l~~Jt~ ~ I~ Pt4lcek F;unily 12560 Pebble Knoll Way 2629 Wate:rfrnnt P.ukway EL~1 Drive. SUIte: .~O I . Indianapolis. Indiana 46214 31i.347.nOO . Fu 317.347.7318 "",",""'.zarlng.e:om M~'r' 23 2001 14:56 7051603 P~GE.01 (b::J44((oC:::C::: I N::>II.:lMI \..UI"U"IUI'lI\..HI1U 'T.:lJ. r'-l.:. IIHi ':::'T t.!J. J.J..,;;)t.i ,....- ..- ;' 00 ... 0,"'. (.,.,..r....y I support the developer, Zaring Premier Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. gWrfr:?~ Prill Family 12545 Autumn.Gate Way 2629 Wate:rfrulltl'arkw:lY Easl Drive:. Suite: 301 . lndianapulis. Indian:l 4(.214 ;117.347.7300 . Fa.'dI7..~<i7.73IS www;laring.c('l!l1 MAY 24 2001 11 :55 7654477622 PAGE.002 e5/27i20e1 15:57 7051E03 ESTATES P~G=: 0: ~ kN: I - D/}-N;/" ... t;r" f C.t ''';1.1., 1 sUFJ.Nr; :l;~ c.:v.:;o?er, Z:l.-;;"..:; Premier Homes, to not require a full time lifeguard a~ the Lakes of Hazel Dell community pool. \V~il~ ~'9J41 vJ~ 12403 Pebble Knoll Way 2629 \X';mrfrol1t l'arkway Eut Drive. Suite 30 I . IndLanapolls. Indiana ..6214 317 .?47.7300 . Fu 31" .H7.7318 _-.uring. corn MAY 27 20e1 16:13 7051603 ~AGE.21 _ 01lJ9/2001 09: 39 FAX_ 3173377366 DOW AGRO ltJ OOJ . , 00 .'; ,- ZARING HOMES I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. ~1~Cw-J Co'pP~ fanlily ."_._..._ _._._. . " ..- .-.';:---" --.. '..... --- ..--.-:,- . .... - ......--......---- A Zaring NlZri07Ull Company NASnAQ: ZHOM 26l~ W:lccrfrOI\C ParJ,."W;\y E:l$C Dri..c. Suile 301 . lndi..n..polis. tndi~M 4621 ~ 317..147.7300 . F:x317.347.7318 http://www.z.aring.com TON lq ?001 09:48 3173377366 PAGE.003 JAN-01-1900 11:45 ~ ZARING HOMES /l-H.' p~r] (f3~/lJZ-ff I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. ~~~~ t\terchan~nily . .... A Lari,Jg Nariond Company NASDAQ: ZHOM 2629 W:m:rfront ParkwJ.Y E.~t Drive:. Suite: 301 . 1ndiaMPolis. 1 t'ld;~n~ 4(.214 317.347.7300 . Fa. 317.347.7311' hctp,IIWVo'V." .zaring.com JAN 19 2001 09:07 r.U.l. TOTAL P.01 PAGE.001 ~1/1&/28dl 17:3~ 31151j2d62 .... - -. -.-- -" ~ WC-i...._..J "",,'_r-... = 0..11 " ,,.....,v'- t..... 00 HOMES ZARING . full time lifeguard at the Lakes of Hazel 1 support the developer, Zaring Homes, to not require a Den community pool. ~ c1[t[vJ -* -* r~ (prO Oh\Y If) ihu rom [5 . . 0 \rr\zUr..ccV much betkY .%n Last gJrnrne.r: I l{efU${J tZJ Q\)OW my ChilJv~f1 ~ -swim fhevu IotCiAUse- it W{)S dlr+Y) ,1Vashy a~ unc;anlhrl(I don1t -+fllnk -the p>>1 C on p;l ny -ev-eY p(,{f ChIOhfJv in ,'-r-.. T -faJ 0- I { * 3\AtlvtA W alii d hdp €.lt tm (/a-h iif\\0 COYlCO"n) bur unders-+rmd--Hu--- -h n tln c{.o,.L (j[M1W'n . -q11::;Yv1,1L;:y- A Zaring Nario7UJ! Company l"ASOAQ ZHOM 2629 W~terFront Park-..'3Y E:lSl Drive. Suite 30 I . )ndi:ln~pohs. Indi:lna 4G214 .>17.347,7300 . Fax 317.;47.7318 http://www.uringc:om JAN 16 2001 17:48 3175752882 PAGE.001 Jan 17 01 11: 53a J.Cronkricht 630-443-6473 ~ ZARING HOMES p.2 I support the developer, Zaring Homes, to not require a fuH time lifeguard at the Lakes of Hazel Dell community pool. III '" .- , A Zaring National Company NASDAQ: ZHOM 2629 Waterfront Parkway Wt Dr;"c, Suite 301 . lndianapoli.. Indiana 46214 317.347.7300 .. Fax 317.347.7318 http://wv.w.uring.com JAN 17 2001 12:10 630 443 6473 PAGE. 02 JFlH-1-(-01 WED 00:1':' t"rl FRAZJ.EI< J.Hl II<U'I ..:. '_.-\" ,-.--, ~\..'-.J\' ~O:~..y\~~ ~ ZARING HOl\'IES I support lh~ developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. '-.......... \, '" '\: ' ~~*- ~~\"~ Doyle Fam. y . Q A Zaring Nacional Company N,"SOAQ: ZHOM 2629 W~terf,onc P:acJcv,oay EAst Dcille, Suw: .301 . )ndi~n~polis. Indian. ';6214 317.347.7.300 . Fil."t 317.347.7318 http://www ,l~f1ng.c:om JAN 17 2001 17:31 317 848 0026 PAGE.001 I nursaay, January 10, .!uLJl 1 DJI Ai\i AIOcr( ,:,o,c,m,\O \.511 ) iU'::J.8'::Jo 1 pLJ.! ~ ZARING HOMES I suppor;t .;~er, Zaring Homes, to I~t require a full time lifeguard at the Lakes of Hazel Dell co mumty....pool. ;:f{hz<<j:"''V~- Sol~-rGFallli!y ~h(..'l J6!L-t....i t-e.r~ I t J L'L L; Of bSL.<;,. c1 Vt-rl d !-e/)/....l.'i...Y) ~ I a Cu.e<v jJUjc....-l dl..Le t?jt:I/;...J I- 6e:o;", J t?:--.., ",( ,/..5 ~"'~i,,-;U'...j .... A Zaring National CompallY . NASDAQ' ZHO~I 2629 Walcrfronr l'arkv.'ay Easl Drive. Suite 30 I . Indianapolis, lndiar.. 4(,214 317.347.7300 . Fax 317.347.7318 hllp:llwww.z.aring.com JAN 18 2001 00:28 317 703 9967 PAGE. 002 '7i'7Jtltun 'J3aJ/1e+t -- 00 ZARING HOMES I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. (\ 1<-1A~ 'e,4 ~;X4' BlewItt F3n~.ily . '. . A Zaring National Company N~O."'Q 7.KOI\.1 2629 Waterfront Parkwa}' Ease Dri~'c. Suite 301 . Indianapolis. Indiana 46214 317.347.7300 . Fax 317.H7.731S http://....ww.uring.com JAN 22 2001 14:49 913 6851698 PAG~.001 .... ~ ZARING HOMES I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. I (" .' -~.__._~ Langham Family /Jl /J:;i t) C c;:[ L;CJ J ~ ~ /? '--/'73 3 iJJ;Jt-c...[v"3"' D/'1 v'C C~C/)-:c--i.., 1,-./ L/t:..O 33 .//"'7- 5l.0 1(, 7.3' A Zaring National Company NASDAQ: ZHOM 2629 Waterfront Parkway East Drive. Suite 301 . Indianapolis. Indiana 46214 317.347.7300 . Fax 317.347.7318 http://....'WVo..zaring.com . ,. ~ Z A R I N G HaM E S I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. ~(- Dues F a~l y V !)".~ . Ii.\... /'7 / . / - {~i A Zaring National Company NASDAQ: ZHOM 2629 Waterfront Parkway East Drive. Suite 301 . Indianapolis. Indiana 46214 317.347.7300 . Fax 317.347.7318 http://.........w.zaring.com iENT BY: SUN3ELT TELECOMMUNICATIONS; '" 972 1'2.7 9745 j JAi,.22-01 21 :2";'; ~;:'Gc: 1 i 1 00 Z A R 1 N C H 0 ~f E S 1 suppon lh~ developer. Zaring H\.lmc~. to not require n full til1lt: lireguard at the Lakes of Hazt:l Dell community pool. A :L"rill~ N.uioruzl Comp,my N/~D/\~ Ztl\.lM 767.') ~'.'\lr.VIII P.,k-~y F.SI Drive", Suit,' ;~OI . IndiAII.;:,<>IJs. I"di:,r.~ 4(.214 .H7..H7.7.'100. 11.1,'I173.P.731/\ h ttpJ Iv.v.w.7:1 ri n~.(on' 'I"'>" ?? ?D\D\ 1 ? 1 :? 1 972 727 9745 PAGE.001 .sent ~y: UUAKEH GAlS lNDPL~i .. d";'U =:.:;/ b2~i.; ~:J ".,ia:~1 01 d:~:J; ,-,,':'0 ~...;.O;id;A': I ( I ., 00 ZARING HOMES 1 sUpp'xt \hl.: ~k\'l.:loper, Zaring Homes. 10 IIlI\ require a full time 1 ifcguarJ (1\ the Lakes of Hil7.cl Dell community pOll!. y 1~ Ci:1!! .. _ -t%y" \ RaY<, F.mil,( i /) r'C'\l_U~':,:,_ _ A :illri/lg NariolJiJI CllmpallY NASDAQ. ZIIOM ](,~9 ~'ltcrfront P.l.rkw~y F.3<C n,i.~. Suite 301 . Indi~n~roll<. 1".1i..". 1(.2l'l .~ 17347.1.;OU . b.'t l17.3~7.7J 1 S hrrr:ltv.ww '~ring.'om __ ~nnt nO.r.::\A 800 967 6287 PAGE.001 JRN 23 '01 12:~4 F?- ELI LILLY, YEP.R 2000 .".' 4'lll hi,. ~Wt\I" , ~t,4.fl ~ lID'wor . ~ fl>- ~: 3.lr7-7~0'5. IL.j I U '::'-.J<-; ( I;:>U..> ZARING HOMES ] support the developer, Zaring Homes, to not require a rull time lifeguard at the Lakes of Hazel Dell community pool. \lW~~ , \/'.-"-- Wei Family A Zzring Narionid Company NASOAQ: ZHOM 2629 Wat\:rfront Par\cv.ray E:lSt Drive, Suite 301 . Indianapolis, Indians. 46214 317.347.7300 . Fax 317.347.7318 http://www.uring.com ** TOTAL PAGE.01 ** a " ElJ ZARING HOMES 1 support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. 72f::~~! 2j~ A Zaring Nari01Ull Company NASDAQ. ZHOM 2629 W"cerfront Pukwny East Drive:. Suite: 301 . Indi"n"pol'$. Incl;"no< 4.(,214 317..547.7300 . Fax3J7.347.7,;18 h tCp:l /....ON"". %.:Icing. com JAN 19 2001 15:17 PAGE . 00~ 01/23/2001 14:32 FAX 3175327801 AL\'ER~O iwo SER ~ ZARING HOMES 1 support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. . AI ;-' 4 / 4kt0'.1:;24t Phe~y A Zaring Natio"a/ Company N.\SDAQ: ZHO\il 2629 Waterfront Parkway East Drive. Suite 301 . Indiana?olis. Indiana 46214 317.347.7300 . Fax 317.347.7318 hup:llwww.zaring.com JAN 23 2001 14:38 3175327801 lijOOl PAGE. 001 04!3~/l~99 22:~4 53i::J:i68':1249 r,.,,,=. tJ.:. ~ ZARING H 0 ~1 E S I support the developer, Z;aring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. A Zaring NariollAJ CompallY NASOAQ.; l}lOM 2629 W.ue:rrront P;ukow;J.Y E;uc Dnvc. Suite: 301 . IndLanapolis. Indiana 46214 317.347.7300 . Fax 317.347.7318 htcp:l/w-ww.I<1ring.com JAN 24 2001 11:05 6305889249 PAGE.001 ... ~ ZARING H 0 M E S I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. /}} r.: " ;/C li__) /Cao Family r1 J 0;' =-L{':{-i.:J, (; '-. .:\ n I /... '--'.' . \... A Zaring National Company NASDAQ: ZHOM 2629 Waterfront Parkway East Drive. Suite 301 . Indianapolis. Indiana 46214 317.347.7300 . Fax 317.347.7318 hnp:llwww.zaring.com " ~ JA/'i 2 5 ZARING A++fl ~ Dqwn ~((Ie1f- HOMES I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. 7'tu Z~ Ferber Family f1idvud ~ J~/l"'f'~r hfber A Zaring National Company NASDAQ: ZHOM 2629 Waterfront Parkway East Drive. Suite 301 . India!1apolis. Indiana 46214 317.347.7300 . Fax 317.347.7318 http://wv..w.zaring.com -.In,,-,-;)-\.'l Inu Uj.,-o nfl i i\... i h:lvi\ I i..:i1uC. rn/\ liU. jiC:J,,-tjU::lJ';'::l I. 1..'1 '\ 0 '. \) c.."v' ~ \S;"r ~ €--H- ~3~1-I~OS [lJ Z,A R IN G HOI\fES 1 support the developer, Zaring Homes, to not require a full time lifeguard at tr.c bkes ofH:lzeJ D~ll cOrTlr:iullity pool. ~, ; \ '. , () .-1t~ LJ L'-"'l~' 1'. ,I"l, ~. -... ._.' , \. I ",_ ..1 L,,,.1I,;o ( ~', r-". W '\ Q :)"-_ \. \ . -- I (, \ C"" e..c.r e ':rt \)... J L A ZtZrillg National Cumpnny N...SO,\Q 7.IiOM 2629 W~t::rfronr I'arkvtay ule Drive:. Suite 301 . rlldiln.1l'ol~.ln&.lll1 4(,211 317.347.7300 . h.dI7.347.i31B htcr:l/www.uring.com JAN 25 2001 09:53 912194905335 PAGE.001 . ~ '(\\(:\\ .}~~ 1. . . ~ ZARING HOMES I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. ,...., ;."n.""" '~r t'","\"'l; 1.. L...11.....-;... .. ............: ~~ ,~. . ~......\ ~ - ~ \,. - --. . (.... f...__r\ ~ \. ~'" \~.._. . ........._ \-'.__.1 I . " I ...., " '0 r" \ ',";, , \ \ '. '\ ,_ '_....'-.. \ .... I .... ....,.... . A Zaring National Company NASDAQ: ZHOM 2629 Waterfront Park-way East Drive. Suite 301 . Indianapolis. Indiana 46214 317.347.7300 . Fax 317.347.7318 http://....'WW.zaring.com i'\1..1..~1i'\lc; I.;) I ( 0<'; <';Lt 00 ( UIlt::..'1 VI t::..l. If I~V.<';:1';) Vt::../Vt::.. lO fZ] ZARING HOMES I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes ofHazeJ Dell community pool. ~J/~ y. ~~ a-?CJ-1A??7~ Abercrombie Family A Zaring Nation4/ Company NASOAQ; ZHOM 2(,29 Waterfronr Parkway Ea..t Drive. Suite: 301 . Indianapolis. Ind;~~ 46Z1't 317.347.7300 . Fu 317.347.7318 hr.rp~llwww.7.lring.com JAN 30 2001 09:23 13178444687 PAGE.002 , . . ~. I 1- . - E,&)('(\~++ ~ ZARING HOMES 'port the develo.per, Zaring Homt:s, to not require a full time lifeguard at the Lakes of Hazel ,...~ -. . -. ~....... , CO.....1,I:1hj p.,.,).. 4"H~ ~~ llieu F nily A Zaring National CompollY ~ASD^Q' ZHOM 2629 Waterfront I':ukway E:lSt Drive. Suite 301 . Indian~polis. Indi~na 46214 317.347.7300 . Fax 317.347.7318 hup:llwww.l.aring.com ~001 16:37 317 569 9234 PAG~. 001 "'~.! 'i' .... ._~:.::- !! ~OOI {II ....... - .. ~ ~B'-9r . ( ~ Z A R I N G HOMES I support the developer, Zaring Homes, to not require a full time lifeguard at the Lakes of Hazel Dell community pool. .-. . I 1/1 _...~/ ....... '/_1..',//1 ._" ..~ /1 i, ~; 1'1..-.::>') ;.~ \~1,vy/ ..... } , ~' t' - Hou Famil); i i ..........J I I v' v A Zaring National Company NASDAQ: ZHO~I 2629 Waterfront Park'way East Drive. Suite: 301 . Indianapolis. Indiana 46214 317.347.7300 . Fax 317.347.7318 hccp://W\\w.zaring.com . ~ ZARING HOMES I support the developer, Zaring Homes, to not require a full time lifeauard at the Lakes of Hazel Dell community pool. ::> Potasmih: Family 11\..L. ~fll\..t.. t--L~L/I~.I'.L..-~J cl.LlW.. (lJLL /1)..4...J/,-1...--j. J{~~[:'I)[. ) it f~.7 . .:'; "". , 'I I I (). . I J /,. :l1L~JU~1I1M ~....J:1J ;>nw 1'v~ -cLtU'~ 4-1"- {I Ii Lo>uilc"bA.-t.Lf:J ~r....u..\.C/'L . J oj, 1 Ii 7,:) ~ / IT-. I .. ~ ,d-tpdfl,(1A_c4: 'O/~_A.f~L{trvt _ ~9-- 7~_.A1 "; j et-ll'! ~ 9-!Yrr0rd{fLifu, 7/u't, L~->L jj~Y2, :~<A"L_~ h- JU~ tJl! ~,"L t& ~:b-- ~ ,1&~<-t'.4jf ~4(. , . _ ;llC1.-tj1uz, f--1'4(J11~ d~ J.-;;i't~1lCL- d!p-n..L.. /fl<Ld 4 ~le-cilh'<J~J. Lt UYY\.vy L'L ~ . d1>-WI"L -d~ _--c~.b-,', ~Mttl~ J.A ~l~-i jLL.J;.L--~, ,L., . ~ )~ i J J .1 -I . /J ' 1...-1 I A /l /;~ -/J- _~ <--'V'f~J-C~1.b. .:>4,{tff-E'1--tU.z- u'lL.!J Lc.UU.,(v ,k'tf2/ -- 18t~ /J1d.i-;;.J A Zaring National Company NASDAQ: ZHOM 2629 Waterfronr Park-way East Drive, Suite 301 . Indianapolis. Indiana 46214 317.347.7300 . Fax 317.347.7318 hrrp:II......ww.zaring.com