Kansas Administrative Regulations
Agency 4 - DEPARTMENT OF AGRICULTURE
Article 27 - LODGING ESTABLISHMENTS
Section 4-27-16 - Swimming pools, recreational water facilities, and hot tubs
Universal Citation: KS Admin Regs 4-27-16
Current through Register Vol. 43, No. 12, March 20, 2024
(a) General requirements. Each licensee shall ensure that all swimming pools, recreational water facilities, and hot tubs are kept sanitary and in good repair.
(1) Each swimming pool, RWF, and hot tub
shall meet the requirements in these regulations, unless local ordinances
pertaining to planning and design, lifesaving and safety equipment, water
quality, and sanitation exist and these ordinances are as restrictive or more
restrictive than these regulations.
(2) Each licensee shall maintain records of
each inspection conducted by a local regulatory agency for at least one year.
The inspection records shall be made available for review by the secretary,
upon request.
(b) Design and safeguards.
(1) Each plan for a new
swimming pool or RWF and for a swimming pool or RWF undergoing major
renovation, including installation of a diving board, slide, or other similar
recreational devices, shall be designed by a licensed engineer, architect, or
other qualified professional and shall be submitted to the secretary before the
start of construction. Submission of documentation of plan approval by the
local regulatory agency shall meet the requirements of this
paragraph.
(2) Each grate over a
main drain in each swimming pool or RWF shall be intact, firmly affixed at all
times, and designed to prevent swimmer entanglement, entrapment, or injury.
Other methods to prevent swimmer entanglement, entrapment, or injury may
include multiple main drains, antivortex drain covers, or any similar device
approved by the secretary.
(3) The
depth of water in each swimming pool or RWF shall be plainly marked with at
least four-inch high numbers of a color that contrasts with the color of the
pool decking or vertical pool wall.
(A) Water
depth markings for an inground swimming pool shall be clearly marked on the
edge of the deck and visible at all times. In addition, water depth markings
may be placed above the water surface on the vertical pool walls and shall be
visible at all times.
(B) Water
depth markings for each aboveground swimming pool or RWF shall be on the edge
of the deck and shall be visible to persons entering the swimming pool. If
water depth markings cannot be placed on the edge of the deck, another means
shall be used so that the water depth is visible to persons entering the
swimming pool.
(C) The water depth
markings in each swimming pool or RWF shall be located in the following areas:
(i) At the maximum and minimum depths.
Intermediate increments of depth may be used in addition to the required
maximum and minimum depths; and
(ii) the transition point between the shallow
end, which shall be five feet or less, and the deep end, which shall be more
than five feet. This transition point shall be marked by a line on the floor
and the walls of the swimming pool or RWF or by a safety rope equipped with
buoys.
(4)
Each lighting and electrical system for a swimming pool, RWF, or hot tub shall
be kept in good repair at all times. The following requirements shall be met:
(A) Artificial lighting shall be provided at
each swimming pool, RWF, or hot tub if used at night and for each indoor
swimming pool, RWF, or hot tub. The lighting shall illuminate all portions of
each swimming pool, RWF, or hot tub.
(B) All artificial lighting located in the
water shall be designed and maintained to prevent electrical shock hazards to
guests.
(5) Each outdoor
swimming pool and RWF shall be protected by a fence, wall, building, or other
enclosure that is at least four feet in height.
(A) Each enclosure shall be made of durable
material and kept in good repair.
(B) Each gate shall have self-closing and
self-latching mechanisms. The self-latching mechanism shall be installed at
least four feet from the bottom of the gate.
(C) A hedge shall not be an acceptable
protective enclosure.
(6) Each door leading into an indoor or
enclosed swimming pool or RWF area shall have self-closing and self-latching
mechanisms. The self-closing mechanism shall be at least four feet from the
bottom of the door.
(c) Lifesaving and safety equipment.
(1) Each
swimming pool or RWF shall have lifesaving equipment, consisting of at least
one U.S. coast guard-approved flotation device that can be thrown into the
water and at least one reaching device.
(A)
The flotation device shall be attached to a rope that is at least as long as
one and one-half times the maximum width of the swimming pool or RWF. If a
lifeguard is on duty, life-saving rescue equipment, including rescue tubes, may
also be used.
(B) The reaching
device shall be a life pole or a shepherd's crook-type of pole, with a minimum
length of 12 feet.
(C) Each
lifesaving device shall be located in a conspicuous place and shall be
accessible. The lifeguard personnel shall keep their rescue equipment close for
immediate use.
(D) Each lifesaving
device shall be kept in good repair.
(2) A first-aid kit shall be accessible to
the lodging employees.
(3) No glass
containers shall be permitted in the swimming pool, RWF, or hot tub
area.
(4) Each swimming pool, RWF,
and hot tub and each deck shall be kept clean of sediment, floating debris,
visible dirt, mold and algae and shall be maintained free of cracks, peeling
paint, and tripping hazards.
(5)
Each swimming pool, RWF, and hot tub shall be refinished or relined if the
bottom or wall surfaces cannot be maintained in a safe and sanitary
condition.
(6) If handrails are not
present, all steps leading into the swimming pool or RWF shall be marked in a
color contrasting with the color of the interior of the swimming pool and RWF
so that the steps are visible from the swimming pool or RWF deck.
(7) All steps, ladders, and stairs shall be
easily cleanable, in good repair, and equipped with nonslip treads. Handrails
and ladders, if present, shall be provided with a handhold and securely
attached.
(8) The rules of
operation and safety signs for each swimming pool, RWF, and hot tub shall be
posted in a conspicuous place at the swimming pool, RWF, or hot tub. Each
swimming pool and RWF without a lifeguard shall have posted the following sign:
"Warning - No Lifeguard On Duty." The sign shall be legible, with letters at
least four inches in height.
(9) If
chlorinating equipment is located indoors, the chlorinating equipment shall be
housed in a separate room, which shall be vented to the outside or to another
room that is vented to the outside. If chlorinating equipment is located
outdoors and within an enclosed structure, the structure shall be vented to the
outside.
(d) Water quality and sanitation. Each licensee shall ensure that all of the following requirements are met:
(1) Each swimming pool,
RWF, and hot tub shall be maintained to provide for continuous disinfection of
the water with a chemical process. This process shall use a disinfectant that
leaves a measurable residual in the water.
(A)
If chlorine or bromine is used to disinfect the water of any swimming pool or
RWF, the water shall have a disinfectant residual level of at least 1.0 part
per million (ppm) and not more than 5.0 ppm.
(B) If chlorine or bromine is used to
disinfect the water of any hot tub, the water shall have a disinfectant
residual level of at least 2.0 ppm and not more than 5.0 ppm.
(C) Each means of disinfection other than
those specified in paragraphs (d)(1)(A) and (B) shall be used only if the
licensee has demonstrated that the alternate means provides a level of
disinfection equivalent to that resulting from the residual level specified in
paragraph (d)(1)(A) or (B).
(2) The pH of the water in each swimming
pool, RWF, and hot tub shall be maintained at not less than 7.0 and not more
than 8.0.
(3) Each licensee shall
use a chemical test kit or a testing device approved by the secretary. Each
testing kit or device shall be appropriate for the disinfecting chemical used
and capable of accurately measuring disinfectant residual levels of 0.5 ppm to
20.0 ppm. In addition, a chemical test kit or testing device for measuring the
pH of the water shall be used and capable of accurately measuring the pH of
water in 0.2 increments.
(4) The
water in each swimming pool, RWF, and hot tub shall have sufficient clarity at
all times so that one of the following conditions is met:
(A) A black disc with a diameter of six
inches is clearly visible in the deepest portion of the swimming pool or
RWF.
(B) The bottom drain at the
deepest point of the swimming pool or RWF is clearly visible, and the bottom of
the hot tub is clearly visible.
(5) The water in each swimming pool, RWF, and
hot tub shall be free of scum and floating debris. The bottom and walls shall
be free of dirt, algae, and any other foreign material.
(6) No chemical shall be added manually and
directly to the water of any swimming pool, RWF, or hot tub while any
individual is present in the water.
(7) The temperature of the water in each hot
tub shall not exceed 104 degrees Fahrenheit.
(A) Each hot tub shall be operated in
accordance with the manufacturer's specifications.
(B) Each hot tub shall have a thermometer or
other device to accurately record the water temperature within plus or minus
two degrees.
(e) Fecal accident in a swimming pool and RWF. If a fecal accident occurs in a swimming pool or RWF, the following requirements shall be met:
(1) In response to
any accident involving formed feces, the following requirements shall be met:
(A) Direct the guests to leave the swimming
pool or the RWF, and do not allow any individuals to reenter until the
decontamination process has been completed. The closure times can vary since
the decontamination process takes from 30 to 60 minutes;
(B) remove as much fecal material as possible
using a net or scoop, and dispose of the material in a sanitary manner.
Sanitize the net or scoop;
(C)
raise the disinfectant level to 2.0 ppm and ensure that the water pH is between
7.2 and 7.8; and
(D) return the
disinfectant level to the operating range specified in paragraph (d)(1)(A)
before the swimming pool or RWF is reopened to guests.
(2) In response to any accident involving
diarrhea, the following requirements shall be met:
(A) Direct guests to leave the swimming pool
or the RWF, and do not allow any individuals to reenter until the
decontamination process has been completed;
(B) remove as much fecal material as possible
using a scoop, and dispose of the material in a sanitary manner. Sanitize the
scoop. Vacuuming the fecal material shall be prohibited;
(C) raise the disinfectant level to 20.0 ppm
and maintain a water pH of at least 7.2 but not more than 7.8. This level of
concentration shall be maintained at least eight hours to ensure inactivation
of Cryptosporidium. A lower disinfectant level and a longer
inactivation time may be used according to the following table:
Cryptosporidium inactivation for diarrheal accident
|
Disinfectant levels (ppm) |
Disinfection time |
|
1.0 |
6.5 days |
|
10.0 |
16 hours |
|
20.0 |
8 hours |
(D)
ensure that the filtration system is operating and maintaining the required
disinfectant levels during the disinfection process. Backwash the filter. Do
not return the backwashed water through the filter. Replace the filter medium,
if necessary; and
(E) return the
disinfectant level to the operating range specified in paragraph (d)(1)(A)
before the swimming pool or RWF is reopened to guests.
(f) Vomiting accident in a swimming pool or RWF. If a vomiting accident occurs in a swimming pool or RWF, the procedures in paragraph (e)(1) shall be followed.
(g) Body fluid spills at a swimming pool or RWF. All body fluid spills that occur on swimming pool or RWF equipment or hard surfaces, including decking, shall be cleaned and chemically sanitized. Disposable gloves shall be available for employees' use during cleanup. The following cleanup method shall be used:
(1)
Wipe up the spill using absorbent, disposable material. Paper towels may be
used;
(2) use a bleach solution by
combining one part bleach and 10 parts water. Pour the bleach solution onto the
contaminated surface, leave the solution on the surface for at least 10
minutes, and rinse the surface with clean water;
(3) disinfect all nondisposable cleaning
materials, including mops and scrub brushes, and allow to air-dry;
and
(4) require each employee
assisting with the cleanup to wash that employee's hands with warm water and
soap after the cleanup is completed.
(h) Fecal or vomiting accident in a hot tub. If a fecal accident or vomiting occurs in a hot tub, all of the following requirements shall be met:
(1) All guests
shall be required to leave the hot tub, and the water shall be completely
drained.
(2) The hot tub shall be
disinfected according to the manufacturer's specifications.
(3) The filtering system shall be disinfected
or the filter medium shall be replaced with a clean filter medium before
refilling the hot tub with clean water.
(i) Operation and maintenance of a swimming pool, RWF, or hot tub. Each licensee shall ensure that all of the following requirements for each swimming pool, RWF, and hot tub are met:
(1) Daily operational logs shall be
maintained for at least one year at the lodging establishment and made
available to the secretary, upon request. These logs shall include the date and
time the information was collected and the name or initials of the person who
collected the information. These logs shall also record the following
information:
(A) The disinfectant residuals
shall be recorded at least once daily when the swimming pool, RWF, or hot tub
is available for guest use or more often, if necessary to maintain the water
quality as specified in subsection (d).
(B) The pH test shall be recorded at least
once daily when the swimming pool, RWF, or hot tub is available for guest use
or more often, if necessary to maintain the water quality as specified in
subsection (d).
(C) The temperature
reading of each hot tub shall be recorded at least once daily when the hot tub
is available for guest use.
(2) Each fecal and vomiting accident log
shall include the time and date of the accident and the disinfection measures
taken.
(3) Each indoor swimming
pool area and chemical storage room shall be either vented directly to the
exterior or vented to a room that is vented directly to the exterior.
(4) All chemicals applied to a swimming pool,
RWF, or hot tub shall be used, handled, stored, and labeled in accordance with
the manufacturer's specifications.
(5) All recreational equipment shall be kept
sanitary. Recreational equipment shall include slides, diving boards, play
equipment, water sports equipment, and accessory items available to guests,
including floats, tubes, air mattresses, and pads for water slides.
(6) A cleaning system shall be used to remove
dirt, algae, and any other foreign material from the bottom of the swimming
pool or RWF.
(7) All surface
skimmers, strainer baskets, and perimeter overflow systems shall be kept clean
and in good repair.
(8) The water
in each swimming pool and each RWF shall be maintained at the manufacturer's
recommended level so that the water will flow into each skimmer and
strainer.
(9) The recirculation
system serving each swimming pool, RWF, and hot tub shall operate continuously
or in accordance with the manufacturer's specifications. The filtration and
recirculation systems shall be maintained in accordance with the manufacturer's
specifications.
Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
