Current through Register Vol. 49, No. 2, February 2024
AUTHORITY
The following Rules and Regulations Pertaining to Outdoor
Bathing Places are duly adopted and promulgated by the Arkansas State Board of
Health pursuant to the authority expressly conferred by the laws of the State
of Arkansas including, without limitation, Act 96 of 1913, as amended, the same
being A.C.A.
20-7-109
SECTION I.
PURPOSE
To define outdoor bathing places and establish criteria for
safety and water quality relating to public health aspects of such
operations.
SECTION II.
DEFINITIONS
A.
Outdoor
bathing places: Any bathing place, together with buildings and
appurtenances if any and the water and land areas used in connection therewith,
as a natural pond, lake, stream or other body of water which is operated for a
fee or any other compensation or which is openly advertised as a place for
bathing or swimming for the public. This definition does not apply to swimming
pools.
B. Person: Person is any
individual, corporation, partnership, firm, association, trust, estate, public
or private institution, group, public or private agency, political subdivision
of this State, or any legal successor, representative agent or agency of the
foregoing; other than the Arkansas Department of Health.
C. Bathhouse: Any structure or enclosure
provided to be used for changing to or from bathing suits or beachwear, to
include all plumbing, accessories and appurtenances.
D.
Department: The Arkansas
Department of Health, Division of Sanitarian Services Environmental Health
Protection.
SECTION III.
COMPLIANCE
Any person responsible for the operation of an outdoor bathing
place shall be responsible for compliance with these Regulations.
SECTION IV.
SAFETY
The responsible person at each outdoor bathing place shall take
all necessary safety precautions. The following conditions will affect the
safety of outdoor bathing places:
A.
Good water quality, to include bacteria count, turbidity, and other chemicals
and materials that may be in the body of water;
B. The following Minimum lifesaving and
first-aid equipment shall
should be provided and shall
should be readily available for emergency use at each
pub! ic bathing places
1.
Reaching
devices. One or more reaching devices. These devices may include but are
not limited to: poles, ropes, and any reasonable means to extend a person's
reach.
2.
Flotation devices.
One or more buoys, life jackets, or flotation devices that can support
an adult in water.
3. First-aid
kit. A first-aid kit, filled .and readily accessible'for emergency
use.
4.
Boundaries.
Boundaries of swimming area should be marked and depth markers, either
by graduated poles or floating buoys, provided.
C.
Signs. When no lifeguard is
on duty at any outdoor bathing place, a legible sign or signs stating "No
Lifeguard on Duty" shall be posted in clearly legible letters at least four (4)
inches high.
D.
Corranunications. A telephone or other means of communication with
numbers posted of nearest emergency services should be provided.
SECTION V.
BACTERIOLOGICAL
HATER QUALITY
A. No public swimming or
bathing shall be permitted in any body of water when the most probable number
of bacteria Ccoliform organisms) exceeds 1000 per 100 ml. in more than 20
percent of the samples tested, or if any of the samples contain more than 2400
bacteria (coliform organisms) per 100 ml. the E. coli density of any sample
collected exceeds 126 per 100 ml.
B. When the fecal coliform E.coli density of
any sample collected exceeds 100 126 per 100 ml., daily samples shall
immediately be collected and analyzed for fecal coliform E. coli for at least
two consecutive days. Swim areas remain closed until satisfactory conditions
are verified by two consecutive E. coli samples.
SECTION VI.
BATHHOUSE AND TOILET
FACILITIES
A. Adequate and convenient
toilet facilities shall be provided at all outdoor bathing places. These
facilities shall meet the approval of the Department.
B. If a bathhouse is provided by the
responsible person, plans and specifications shall be submitted to and approved
by the Department prior to construction.
C. No multiple use towels, bathing suits or
other similar materials shall be furnished or rented.
D. All bathhouses and toilets shall be
maintained in a clean and sanitary manner.
SECTION VII.
SANITARY SURVEY
A.
Responsibility
The sanitary survey shall be conducted by the
Department.
B.
Frequency1.
Existing
Beaches. A sanitary survey may be conducted if indicated by the results
of an unsatisfactory water sample.
2.
Proposed Beaches. On proposed
bathing beaches, a sanitary survey shall be conducted before construction or
expansion.
C.
Scope
1.
Existing Beaches.
The history of the bacteriological quality of the water shall be
reviewed.
2.
Proposed
Beaches. The results of samples as required in Section VIII. B. 4.,
shall be reviewed by the Department.
3.
Nature and Sources of Contamination.
The nature of potential sources of contamination, including but not
limited to streams, unsewered residential areas, wastewater treatment plants,
combined sewer and storm drain outlets, industrial outlets, sanitary landfills,
open dumps, animal enclosures, and potential high erosion areas.
4.
Bather Load. History of
average and peak, bather load. On proposed beaches anticipated bather
load.
SECTION
VIII.
SUBMISSION OF PLANS
A.
GENERAL. All reports, final
plans and specifications should be submitted at least 30 days prior to the date
on which action by the Department is desired. Preliminary plans should be
submitted for review prior to the preparation of final plans. No approval for
construction shall be issued until final, complete, detailed plans and
specifications have been submitted to the Department and found to be
satisfactory. Documents submitted for formal approval shall contain sufficient
information to demonstrate to the Department that the proposed public bathing
beach, or Improvements thereto will meet the standards contained herein and
shall include but not be limited to:
B.
GENERAL LAYOUT
1. Detailed description of the watershed with
location and identification of all potential sources of contamination including
any anticipated future development.
a.
Extent of Watershed to Include. In the instance of a large
watershed, the area to be covered shall be determined based on knowledge of the
area.
b.
Plot Maps. A
plot map drawn to scale, showing the bathing beach and any contaminating or
potentially contaminating discharges.
c.
Potential Sources of Contamination.
The potential sources of contamination include but are not limited to,
the following: streams, unsewered residential areas, wastewater treatment
plants, combined sewer and storm drain outlets, industrial outlets, sanitary
landfills, open dumps, animal enclosures, and potential high erosion
areas.
d.
Topographical
Influences. The influence or potential influence of topography or
unusual factors in the watershed.
2. Location of access roads, parking,
buildings, water supplies, sanitary and storm sewers, electrical and telephone
services and the proposed facilities relative to existing facilities.
3. Location relative to nearest population
center with service facilities such as medical, fire protection and
communication.
4.
Bathing
Beach Hater Quality. Information concerning the source, quality and
quantity of the water, and the results of at least one set of representative
bacterial samples and a chemical analysis of the water shall be
provided.
5.
BASIS OF
DESIGNa.
BATHER LOAD.
Maximum and average attendance and anticipated swimmer loads.
b.
DEPTH AND SLOPE OF BOTTOM.
The depth of water in the swimming area and the existence of any
dangerous slopes or dropoffs.
c.
SAFETY. The physical condition and safety of construction of any
floating platforms, diving towers or lifeguard towers located in the water, the
condition of the bathhouse and other appurtenances on the beach.
d.
Sanitation. The number,
location and condition of water sources and sewage treatment devices serving
the beach area.
e.
Water
Level. Seasonal or anticipated water level variations.
f.
Other. Any other notable
characteristics in the watershed or bathing beach.
6.
Operati onal Detai1.
a. Dates when public bathing beach will be
operated.
b. Training, experience
and number of on-site management, supervisory and lifeguard
personnel.
7.
PROHIBITIONS FOR ESTABLISHING NEW BATHING BEACHES.
New bathing beaches may be prohibited when contamination from
sources outlined in Section VIII.B.I.e., is likely or potential design problems
as outlined in Section VIII.B.5., are determined by the Department.
SECTION IX.
RELATED REGULATIONS
All outdoor bathing places shall comply with all appropriate
State laws, Rules and Regulations, including but not limited to the
following:
A. ARKANSAS DEPARTMENT OF
HEALTH RULES AND REGULATIONS PERTAINING TO GENERAL SANITATION;
B. ACT 402 OF 1977 and RULES AND REGULATIONS
PERTAINING TO SEWAGE DISPOSAL SYSTEMS AND INSTALLERS;
C. ARKANSAS DEPARTMENT OF HEALTH RULES AND
REGULATIONS PERTAINING TO PUBLIC WATER SYSTEMS; -- --
D. ARKANSAS DEPARTMENT OF HEALTH RULES AND
REGULATIONS PERTAINING TO FOOD SERVICE ESTABLISHMENTS;
E. STATE PLUMBING CODE.
SECTION X.
ACCESS TO BATHING PLACE;
PLACE TO BE CLOSED FOR VIOLATION OF ACT
A. The Department at all reasonable times
shall have access to and is hereby empowered to enter upon any and all parts of
the premises of any bathing place used and let for hire to the public or
individuals, and to make such examinations and investigations as shall
determine the sanitary conditions and all hazards and dangers and whether the
provisions of these rules and regulations of the department are being complied
with or are being violated.
B. If
it is determined upon such examination and investigation that any bathing place
is being maintained contrary to the provisions, of.these Regulations, such
bathing place forthwith shall be closed to alT persons, until provision is made
to comply with this law and permission given by the department to reopen the
same.
SECTION XI.
SEVERABILITY
If any provision of these Rules and Regulations, or the
application thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of these Rules and
Regulations which can give effect without the invalid provisions or
applications, and to this end the provisions hereto are declared to be
severable.
SECTION XII.
REPEAL
ATI Regulations and parts of Regulations in conflict herewith
are hereby repealed. Any outdoor bathing place constructed prior to these
regulations shall not be required to adhere to any more stringfint construction
requirements than those in effect at the time of approval.
SECTION XIII.
PENALTY CLAUSE
Every firm, person or corporation violating any provisions of
these rules and regulations shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine of not
less than one hundred dollars ($100.00) nor
more than five hundred dollars ($500-00), or by imprisonment not exceeding one
(1) month or both and each day of violation shall constitute a separate
offense. (See Ark. Statute, Annotated 82-121. [Ark. Code. Ann. §§
14-262-101
and
20-7-101
].)
CERTIFICATION
This will certify that the foregoing Rules and
Regulations Pertaining to Outdoor Bathing Places were adopted by the
State Board of Health of Arkansas at a regular executive session of said Board
held in Hot Springs, Arkansas, on the 23rd day of July 1998.
