Current through Register Vol. 48, No. 12, March 22, 2024
a) Initial Sanitary Survey. Prior to the
issuance of a construction permit, the Department shall conduct a sanitary
survey of the proposed beach. This survey shall include an evaluation of the
physical, chemical and bacteriological characteristics of the bathing beach
area, as well as any potential or actual sources of contamination in the
watershed that could affect the beach. The presence of any sources of
contamination shall constitute grounds to deny the permit.
1) Physical Quality. The following
characteristics shall not be present in the beach area or watershed:
A) Sludge deposits, solid refuse, floating
waste solids, oils, grease or scum; or
B) Hazardous substances being discharged into
bathing beach water or watershed.
2) Bacteriological Quality. The
bacteriological quality of water at bathing beaches shall comply with the
following criteria:
A) At least two samples
shall be collected from the proposed beach area, and additional samples shall
be collected from any tributaries as they enter the lake. Fecal coliform
bacteria counts of 200 colonies/100 ml or an E. coli density of 126
colonies/100 ml in one or more samples shall require additional investigation,
survey, special analysis and correction of any problems determined to be
causing the high counts. Subsequent evaluation and satisfactory bacteriological
results shall be obtained before a construction permit will be
issued.
B) There shall be no
sanitary or combined sewer discharges or other raw or partially treated sewage
discharges to the bathing beach area or immediate watershed.
3) Chemical Quality. There shall
be no discharges of chemical substances capable of creating toxic reactions, or
irritations to the skin or mucous membranes of a bather.
b) Design
1)
Bather Load. The bather load shall be established at all beaches constructed
after May 28, 1997, by the project designer who designed the project.
2) Beach and Swimming Areas. The wading areas
at all beaches shall be separated from swimming and diving areas by lines
securely anchored and buoyed. The slope of the bottom of any portion of the
beach having a water depth of less than 5 feet shall not exceed 1 foot vertical
for 10 feet horizontal. The slope shall be uniform. The bottom of the wading
and swimming area shall consist of sand or gravel. If disinfection or
filtration is provided, it must comply with the requirements in Section
820.210.
3) Diving Facilities
A) Where diving facilities are provided, the
following minimum water depth shall be maintained for a distance of at least 12
feet beyond the end and sides of the platform or board:
Height of Platform or Board Above Water
|
Minimum Water Depth
|
0 - 1/2 Meter
|
9.5 feet
|
1 Meter
|
10 feet
|
3 Meters
|
12 feet
|
B)
Handrails, guardrails and steps shall comply with Section
820.200.
4) Safety Boundaries. The wading
area shall be separated from swimming and diving areas by a line securely
anchored and buoyed at a water depth of 5 feet or less. The limits of the
swimming area shall be marked by buoys, poles, or other markers located not
over 100 feet apart and visible to bathers from a distance of at least 100
feet. Within the limits of safe swimming, there shall be no boating, underwater
obstructions, or other hazards that may be dangerous or cause injury to
swimmers. Signs shall be provided on the beach describing the markers and
stating that they indicate the limits of the swimming area.
5) Slides. Slides shall comply with Section
820.250.
c) Electrical Wiring. All
electrical wiring shall be in accordance with the National Electrical Code in
effect at the time of construction.
d) Bather Preparation Facilities/Toilets
1) Requirements for Beaches Established After
May 28, 1997. For all beaches established after May 28, 1997, a bather
preparation facility shall be provided within 300 feet of the shoreline unless
the beach is intended to serve only a residential development located around
the lake, and 50 or fewer bathers are anticipated to be present per day. In
those cases, at least one toilet or privy shall be provided within 300 feet of
the shoreline. Bather preparation facilities shall be designed in accordance
with Section
820.220(b)
and (c) and Appendix B, Table E. The bather
load to be used to determine the required numbers of fixtures shall be provided
by the project designer who designed the project.
2) Requirements for Beaches Established
Before May 28, 1997. All beaches established before May 28, 1997 shall comply
with the bather preparation facility/toilet facility requirements in effect at
the time they were constructed, but at least one toilet or privy shall be
provided when the number of bathers present per day is 50 or fewer. Two toilets
or privies shall be provided when the number of bathers present per day is 51
to 100. An additional toilet or privy shall be provided for each 100 additional
bathers. The maximum number of toilets or privies required is 10. The required
toilets or privies shall be located within 300 feet of the shoreline.
e) Bathing Beach Operation
1) The licensee or manager/operator shall
collect samples of bathing beach water and submit the samples to the
Department. The Department will notify the licensee or owner/manager of the
times and points for sample collection within the area used for bathing or
swimming purposes. Failure of the bathing beach licensee or manager/operator to
submit required water samples within 7 days after notification shall be cause
for the Department to order the beach to be closed until samples are analyzed.
Additional samples shall also be obtained at any critical point subject to
possible pollution as determined by a sanitary survey.
2) During operation, the following
bacteriological water quality results shall warrant the actions described:
A) A fecal coliform count of 500 colonies/100
ml or an E. coli count of 235 colonies/100 ml in each of two samples collected
on the same day shall require closing the beach. The beach shall not be
reopened until two additional samples collected on the same day are both less
than 500 fecal coliform/100 ml or 235 E. coli/100 ml.
B) A fecal coliform count of 500 colonies/100
ml or an E. coli count of 235 colonies/100 ml in any single sample of a
two-sample set shall require the submission of two additional samples to be
collected on the same day within 24 hours after notification by the Department.
If either of the two follow-up samples exceeds a fecal coliform count of 500
colonies/100 ml or an E. coli count of 235 colonies/100 ml, the beach shall be
closed and not reopened until two additional samples collected on the same day
are both less than 500 fecal coliform/100 ml or 235 E. coli/100 ml.
3) If a survey determines that
there are discharges of sanitary or combined sewers, other raw or partially
treated sewage, or other hazardous substances to the beach or immediate
watershed, or if hazardous materials are found at the beach, the bathing beach
shall be closed by written order of the Department.
4) If schistosome dermatitis (swimmers' itch)
is known to exist, appropriate measures shall be taken to protect the bathers,
including, but not limited to, posting warning signs, chemical treatment of the
beach or closing the beach. Any chemical treatment shall comply with all
federal, State and local requirements, including prior approval of the
Department or its agents.
5) The
beach manager/operator shall monitor the water depth around diving facilities
and prohibit use of any facilities that do not comply with the minimum water
depth requirements of subsection (b)(3).
6) For all beaches established after May 28,
1997, the beach manager/operator shall enforce the bather load established in
subsection (b)(1). For all beaches, the bather density in water less than 5
feet deep shall not exceed one bather per 25 square feet.
7) The beach area shall be kept free of any
debris, including wastes from waterfowl or other wildlife.
8) Leakproof covered refuse containers shall
be provided at convenient locations in the beach area. They shall be emptied
when necessary to avoid odors and insect breeding.
9) At times when the beach is closed
seasonally or during normal hours of operation during the operating season,
signs proclaiming the closing of the beach shall be prominently posted at the
beach unless an effective barrier to prevent access to the beach area is in
place.
f) Lifeguards.
Lifeguards shall be provided at bathing beaches that allow bathers less than 16
years of age to enter the beach without a responsible person 16 years of age or
older present. Lifeguards shall comply with the requirements of Section
820.300(b).
g) Safety Requirements
1) A U.S. Coast Guard approved ring buoy with
at least 25 feet of rope shall be available at the beach when bathers are
present.
2) A telephone shall be
available within 500 feet of the beach when bathers are present. The numbers of
the local police, fire department, rescue squad and ambulance, or 911 numbers
shall be posted near the telephone. A portable phone may be used to meet this
requirement. The phone may be located in a residence within 500 feet of the
beach, provided that it will be accessible at all times the beach is in
operation. Unless the phone is located in the immediate beach area, a sign
shall be posted indicating the location of the phone.
3) All drownings and injuries or illnesses
requiring hospitalization shall be reported to the Department within 24 hours
after the occurrence. A written report, on forms provided by the Department,
shall be completed and submitted within 7 days after the occurrence.
h) Waiver
1) A homeowner's association may apply to the
Department for a waiver of the requirements of subsection (d)(2) by making a
written request signed by an officer of the association. The request shall
contain the following information:
A) The
requirements from which the homeowner's association seeks a waiver;
B) Certification that a majority of the
members of the homeowner's association or a majority of the board of directors
representing the homeowner's association agreed to be exempt from the
requirements requested. If the application for waiver is based on a decision of
the board of directors rather than a majority vote of the members, the waiver
request shall also indicate that all members of the association were notified
in writing of the decision to request a waiver and of the requirements from
which the association is requesting a waiver. A copy of the notification to
members shall be included with the waiver request;
C) Certification that the beach normally
serves 50 or fewer bathers per day; and
D) Certification that the use of the beach is
intended only for members of the homeowner's association and their
guests.
2) Upon
submission of the waiver application, a waiver shall be granted only if the
following conditions are met:
A) All water
samples were submitted during the current or previous year as required by
subsection (e)(1); and
B) The
closure standards set forth in subsection (e)(2) were not exceeded during the
current or previous year or, if the closure standards were exceeded, the
Department or local health department determined that the cause of the
unsatisfactory water quality was not an absence of toilet facilities at the
beach.
3) A waiver
granted by the Department shall be valid indefinitely, except as provided in
this subsection:
A) A waiver shall become
invalid immediately if the beach is closed due to a violation of the standards
set forth in subsection (e)(2), unless the Department or local health
department determines that the cause of the unsatisfactory water quality was
not an absence of toilet facilities at the beach;
B) If the applicant or manager/operator fails
to comply with a written order of the Department to submit water samples
required by subsection (e)(1), the waiver shall become invalid on the date that
the samples were specified to be submitted;
C) A waiver shall not apply on any day that
the homeowner's association anticipates that the number of bathers will exceed
50 (for example, holiday weekends, special events, or parties).
4) When a waiver becomes invalid,
the required toilet facilities shall be provided before the beach is allowed to
operate. If a waiver is invalidated due to the conditions described in
subsection (h)(3)(A) or (B), a new waiver application shall be filed with the
Department.
i) Rules
governing the use of the beach and instructions to patrons shall be displayed
on placards at the entrance to bather preparation facilities or other
conspicuous locations and shall be enforced by the beach manager/operator. The
beach management has the authority to implement and enforce rules that are more
stringent or that supplement those listed in this subsection (i). Posting of
rules and other instructions shall provide that:
1) Admission to the beach shall be refused to
all persons having any contagious disease, infectious conditions such as colds,
fever, ringworm, foot infections, skin lesions, carbuncles, boils, diarrhea,
vomiting, inflamed eyes, ear discharges, or any other condition that has the
appearance of being infectious. Persons with excessive sunburn, abrasions that
have not healed, corn plasters, bunion pads, adhesive tape, rubber bandages, or
other bandages of any kind shall also be refused admittance because of the
potential for transmittable disease. A person under the influence of alcohol or
exhibiting erratic behavior shall not be permitted in the beach area.
2) The beach water is not suitable for
drinking. Patrons should avoid swallowing beach water.
3) Littering is prohibited. No food, drink,
gum or tobacco is allowed in the water. Glass containers are prohibited
throughout the beach area.
4) No
one should swim alone.
5) Personal
conduct within the beach shall not jeopardize the safety of self and
others.
6) Persons less than 16
years of age must be accompanied by a responsible person 16 years of age or
older unless a lifeguard is present.
7) Spitting, spouting of water, blowing the
nose or otherwise introducing contaminants into the beach water is not
permitted.
8) Glass, soap or other
material that might create hazardous conditions or interfere with efficient
operation of the bathing beach shall not be permitted in the beach
area.
9) If present, lifeguards are
responsible for enforcing safety rules and responding to emergencies. Parents
or guardians should supervise their children.
10) All children who are not toilet trained
shall wear tightly fitting disposable swim diapers.
11) Diving in shallow water is not
permitted.
12) Caution shall be
exercised in the use of diving facilities.
13) Swimming is prohibited after sunset or
before sunrise, or when thunder is heard or lightning is seen, including a
15-minute period after the last lightning or thunder is detected.
14) No pets are permitted in the beach
area.
15) Feeding of wildlife or
other actions that encourage their presence is prohibited.