Current through Rules and Regulations filed through September 23, 2024
(1)
A swimming pool, spa, or recreational water park shall not operate until a
valid operating permit has been issued by the health authority after
inspection.
(2) An operating permit
shall not be issued until appropriate inspections show compliance with the
requirements of this Chapter, with no violations noted on the inspection
report.
(3) The health authority
shall inspect the swimming pool, spa, or recreational water park for compliance
as follows:
(a) Swimming pools, spas, or
recreational water parks which open on or after April 1 and which close on or
before October 31 shall be inspected at least once during the period of
operation.
(b) All other swimming
pools, spas, or recreational water parks shall be inspected at least twice each
year. Additional inspections may be made as determined necessary by the health
authority.
(c) The inspection,
testing and monitoring frequency may be changed by the health authority based
on the occurrence of injury and illness or inspection history.
(d) The operator shall receive a copy of the
inspection and place it in a location protected from the weather and in public
view as designated by the health authority.
(e) Representatives of the health authority,
after proper identification, shall be permitted to enter any swimming pool or
spa facility or the grounds of any recreational water park at any reasonable
time for the purpose of making inspections to determine compliance with this
Chapter.
(4)
Inspection Report Ratings and Imminent Hazards. The inspection
report used will be as adopted by the Georgia Department of Public Health.
(a) An unsatisfactory rating will be given
when any of the following occurs:
1. When an
imminent health hazard as described in subsection (5) below is found;
2. when any two or more violations are found;
or
3. when any violation is
repeated on a follow up inspection.
(b) A satisfactory rating will be given:
1. When no more than one non-imminent health
hazard violation is found, and
2.
when there are no repeat violations on a follow-up inspection.
(c). A follow-up inspection shall
be performed within thirty days from the date of an unsatisfactory
rating.
(d) Violations which are
not imminent health hazards shall be corrected within thirty days, or upon a
timeframe in the plan of correction approved by the local health
authority.
(e) An unsatisfactory
rating may result in suspension or revocation of the operating
permit.
(5)
Imminent Health Hazards. Items that are considered imminent health
hazards include the following:
(a) During
operation, disinfectant levels are less than the minimum level specified in DPH
Rule
511-3-5-.17. If the level of the
disinfectant used is not specified in DPH Rule
511-3-5-.17, the disinfectant must
be approved and kept at levels determined necessary by the health
authority.
(b) During operation,
the pH is less than the minimum or more than the maximum levels allowed in DPH
Rule 511-3-5-.l7.
(c) The pump,
automatic disinfectant equipment, or other equipment necessary for continuous
filtration and disinfection of the swimming pool, spa, or recreational water
park attraction is not working or is unable to maintain adequate turnover
rate.
(d) The water turbidity is
such that the suction outlet/main drain cover or a standard white marker tile
on the bottom of the deepest portion of the pool cannot be seen.
(e) Broken glass or sharp objects in the
water or on the deck area;
(f)
Broken, unsecured, or missing main drain, or any submerged suction outlet
cover/grate;
(g) Failure to provide
and maintain a barrier to inhibit unauthorized access to the outdoor facility
when required;
(h) Absence of
required lifesaving equipment on the deck or an emergency phone;
(i) Number of bathers exceeds the posted peak
occupancy;
(j) Use of an unapproved
or contaminated water supply source for potable water use;
(k) A fecal matter contamination in the
water; and
(l) Other hazards as
determined by the health authority.
(6) Fecal incidents shall be recorded and
reported to the local health authority at the time of the incident.
(7) The health authority may require the
preparation of a water sampling and a water safety plan by an appropriate
professional when operational conditions and bather health and safety warrant
such action.
(8)
Voluntary
Closure. In lieu of suspension or revocation of a permit, a swimming
pool, spa, or recreational water park attraction may be allowed to voluntarily
close until such time as the violations resulting in an unsatisfactory rating
are corrected. The health authority shall inspect the premises within two
working days of notification that the hazard has been corrected by the
operator.
(9)
Suspension or
Revocation. The health authority may deny permit applications, and may
suspend or revoke permits, for failure to comply with the provisions of this
Chapter. When an application for a permit is denied or the permit previously
granted is to be suspended or revoked, the applicant or holder thereof shall be
afforded notice and an opportunity for a hearing.
(a) The action of the health authority is
effective upon service of a written notice thereof, and operation must cease
immediately in the case of a suspension or revocation.
(b) The notice must state the basis for the
action and advise the permit holder or applicant of the right to a hearing on
request within 72 hours.
(c) If
requested, the hearing will be conducted by an experienced supervisory level
employee of the health authority not directly involved in the
suspension.
(d) The rules of
evidence will not apply, but both the health authority and the permit holder or
applicant may present witnesses, documents, and argument.
(e) The hearing official will be authorized
to rescind, affirm, or modify the action, and may impose conditions on any
decision allowing the pool to operate.
(f) If a hearing is not requested, the owner
may request an inspection to reinstate the permit after correcting all
violations.
(g)
Notice of
Hearing. A notice of hearing is properly served when delivered in
person, or by registered or certified mail, to the owner, operator, responsible
person, or authorized agent of the swimming pool, spa, or recreational water
park.
(h) If the permit holder or
applicant is unsatisfied by the decision of the hearing officer, then it may
pursue an appeal to the Department in accordance with Code Section
31-5-3.
O.C.G.A. §§
31-2A-6, 31-12-8, 31-45-10.
