Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS Chapter 13B, 211.015, 211.090, 211.210,
211.220, 211.990(2), 322.110, 323.020,
29 C.F.R.
1910.119, 15 U.S.C. 8003
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) authorizes the
secretary of the Cabinet for Health and Family Services to promulgate
administrative regulations necessary to protect, develop, and maintain the
health, personal dignity, integrity, and sufficiency of Kentucky citizens and
to operate programs and fulfill the responsibilities vested in the cabinet.
KRS
211.180 authorizes the cabinet to adopt
administrative regulations relating to public facilities and their operation
and maintenance in a safe and sanitary manner to protect public health and
prevent health hazards. This administrative regulation establishes uniform
standards for public swimming pools and bathing facilities.
Section 1. Definitions.
(1) "Accessible" means having access to a
fixture, connection, appliance or equipment, even if it is necessary to remove
an access panel, door, or similar obstruction.
(2) "Agitation" means the mechanical or
manual movement to dislodge the filter aid and dirt from the filter
element.
(3) "Air gap" means the
unobstructed vertical distance through the free atmosphere between the lowest
opening from any pipe or faucet conveying water or waste to a tank, plumbing
fixture, receptor, or other device, and the flood level rim of the
receptacle.
(4) "Alkalinity" or
"total alkalinity" means the amount of carbonates or bicarbonate present in
water solution as expressed in parts per million (ppm).
(5) "Approved" means that which is acceptable
to the cabinet.
(6) "Backwash"
means the flow of water through the filter element or media in the reverse
direction sufficient to dislodge the accumulated dirt and filter aid and remove
them from the filter tank.
(7)
"Backwash cycle" means the time required to backwash the filter system
thoroughly.
(8) "Backwash rate"
means the rate of application of water through a filter during the backwash
cycle expressed in gallons per minute per square foot of effective filter
area.
(9) "Bather" means a person
using a public swimming and bathing facility.
(10) "Cabinet" is defined by
KRS
211.015(a).
(11) "Cartridge filter" means a filter that
utilizes a porous cartridge as its filter media.
(12) "Diatomaceous earth (DE) filter" means a
filter that utilizes a thin layer of diatomaceous earth as its filter media
that will need to be periodically replaced.
(13) "Disinfectant" means an approved
chemical compound designed for the destruction of pathogenic organisms in
bathing facilities and includes chlorine and bromine.
(14) "Equalizer line" means the connection
from the skimmer housing to the pool, spa, or hot tub below the weir box,
which:
(a) Is sized to satisfy pump demand and
prevent air lock or loss of prime; and
(b) Contains a float valve assembly and
pop-up valve.
(15)
"Facility operator" means a person or employee of that person who is
responsible for the proper operation and maintenance of the facility.
(16) "Filter" means a device that separates
solid particles from water by recirculating it through a porous
substance.
(17) "Filter aid" means
an enhancement to the efficiency of the filter media.
(18) "Filter cycle" means the operating time
between cleaning or replacing the filter media or backwash cycles.
(19) "Filter element" means a device within a
filter tank designed to entrap solids and conduct water to a manifold,
collection header, pipe, or similar conduit.
(20) "Filtration rate" means the rate of
water flow through a filter while in operation.
(21) "Float valve assembly" means a mechanism
designed to disengage the skimmer in order to prevent air from entering the
pump if the water level drops below the skimmer level.
(22) "Flow meter" means a device that
measures the flow of water through piping.
(23) "Head loss" means the total pressure
drop between the inlet and the outlet of a component.
(24) "Holding tank" means a storage vessel to
retain water for a spray pad recirculation system.
(25) "Hydrojet" means a fitting which blends
air and water, creating a high velocity, turbulent stream of air enriched
water.
(26) "Inlet" means a fitting
or fixture through which filtered water returns to a pool or spa.
(27) "Main outlet" means an outlet fitting at
the deepest point of the horizontal bottom of a pool through which water passes
to a recirculating pump or surge tank, and is often referred to as a "main
drain".
(28) "Modulating valve"
means a valve that automatically regulates the flow of water from the main
drain through the use of a float ball.
(29) "Perimeter overflow system" means a
channel at normal water level that extends completely around the pool perimeter
and is used to remove surface debris, also known as an overflow or scum
gutter.
(30) "Perlite filter" means
a filter that utilizes a thin layer of perlite as its filter media deposited on
a septum that must be periodically replaced.
(31) "Play feature" means a structure or
feature that is added to a pool for the purpose of entertainment.
(32) "Plunge pool" means a pool or area
within a pool designed as the termination point for a water slide or water
ride.
(33) "Pop-up valve" means a
mechanism located under the float valve assembly that opens to allow water to
reach the pump when the float valve is activated.
(34) "Positive shutoff valve" means a valve
that completely stops the flow of water.
(35) "Precoat" means the process of
depositing a layer of diatomaceous earth or perlite on the filter element at
the start of a filter cycle.
(36)
"Public swimming and bathing facility" means a natural or artificial body or
basin of water that is modified, improved, constructed, or installed for the
purpose of swimming or bathing, except for a pool at a private single family
residence intended only for the use of the owner and guests.
(37) "Readily accessible" means direct access
without the necessity of removing any panel, door, or similar
obstruction.
(38) "Septum" means
that part of the filter element consisting of cloth, closely woven fabric, or
other porous material on which the filter cake is deposited.
(39) "Skimmer" means a device designed to
continuously remove surface film and water and return it through the
filter.
(40) "Spray pad" means an
area that:
(a) Has aquatic play features that
spray or drop water for the purpose of wetting people;
(b) Is designed so that there is no
accumulation or ponding of water on the ground; and
(c) Includes both recirculating and
non-recirculating water systems.
(41) "State Building Code" means the
requirements established in 815 KAR Chapter 7.
(42) "State Plumbing Code" means the
requirements established in 815 KAR Chapter 20.
(43) "Strainer" means a device used to remove
hair, lint, leaves, or other coarse material on the suction side of a
pump.
(44) "Suction piping" means
that portion of the circulation piping located between the facility structure
and the inlet side of a pump.
(45)
"Superchlorinate" means the addition to facility water of an amount of chlorine
sufficient to produce a free available chlorine that is at least equal to ten
(10) times the amount of combined chlorine plus the required minimum level of
free available chlorine in order to oxidize the ammonia and nitrogenous
materials which may be dissolved in the facility water.
(46) "Surge tank" means a storage vessel
within the pool recirculation system used to retain the water displaced by
bathers.
(47) "Total discharge
head" means the amount of water that a pump will raise water above its center
line.
(48) "Total dynamic head"
means the arithmetical difference between the total discharge head and total
suction head (a vacuum reading is considered as a negative pressure). This
value is used to develop the published performance curve.
(49) "Total residual chlorine" means the
arithmetical sum of free available chlorine and combined chlorine, which is
composed of the following components:
(a) Free
available chlorine, which is the amount of chlorine available to inactivate
microorganisms and that has not reacted with ammonia, nitrogenous material, and
other contaminants in facility water; and
(b) Combined chlorine (also called
"chloramine"), which is the amount of chlorine that has reacted and combined
with ammonia and other nitrogenous material to form chloro-ammonia
compounds.
(50) "Total
suction head" means the amount of water that a pump will lift by
suction.
(51) "Turnover rate" means
the time requirements, in hours or minutes, for the circulation system to
filter and recirculate a volume of water equal to the facility
volume.
(52) "Wading pool" means a
pool or area within a pool where the water depth is twenty-four (24) inches or
less.
(53) "Weir box" means an
overflow system placed at normal operating water surface level to remove
surface debris and does not form a continuous loop around the pool
perimeter.
Section 2.
Submission of Plans and Specifications for Approval.
(1) A person shall not construct, alter, or
reconstruct a public swimming and bathing facility until approval of detailed
plans and specifications, with supporting design data as required in this
administrative regulation, is granted in writing by the state or local agency
having jurisdiction.
(2) The
original plans and five (5) copies shall be submitted to the local health
department with payment pursuant to
902
KAR 10:121.
(3) The front page of the plans submitted for
review and approval shall contain the:
(a)
Name of the swimming and bathing facility;
(b) Location by city and county;
(c) Name and contact information for the
facility owner;
(d) Name of the
installer; and
(e) Name of the
engineer, architect, or person preparing the plans.
(4) Plans submitted by an engineer or
architect shall bear the individual's official seal.
(5) Plans and specifications on public
swimming and bathing facilities constructed by the state or local government,
or for a facility with surface area greater than 1,600 square feet, shall be
prepared by an engineer or architect registered in the State of
Kentucky.
(6) The plans shall be:
(a) Drawn to scale;
(b) Accompanied by proper specifications to
permit a comprehensive review of the plans, including the piping and hydraulic
details; and
(c) Include:
1. A site plan of the general area with a
plan and sectional view of the facility complex with all necessary
dimensions;
2. A piping diagram
showing all appurtenances including treatment facilities in sufficient detail,
as well as pertinent elevation data, to permit a hydraulic analysis of the
system;
3. The specifications on
all treatment equipment, including performance ranges of pumps, disinfecting
equipment, chemical feeders, filters, strainers, lights, skimmers, suction
outlets or return inlets, diving boards, safety equipment, and other related
equipment; and
4. Drawing of
equipment room showing placement of equipment.
(7) One (1) set of approved plans shall be
kept at the job site and available for inspection.
(8) Upon completion of recirculation piping
system construction and prior to the piping being tested for air pressure at
ten (10) pounds per square inch of pressure for fifteen (15) minutes and
covered, the owner or builder shall contact the cabinet for
inspection.
(9) Upon completion of
construction, a notarized statement certifying the facility was constructed in
accordance with the approved plans and this administrative regulation shall be
submitted to the cabinet.
(10) The
facility shall not be used before receiving a final inspection and written
approval from the cabinet.
(11)
Unless construction is begun within one (1) year from the date of approval, the
approval shall expire. Extension of approval may be considered upon written
request to the cabinet.
(12) No
change in location, construction, design, materials, or equipment shall be made
to approved plans or the facility without the written approval of the
cabinet.
Section 3. Water
Supplies.
(1) Potable water from an approved
municipal water system or water district shall be supplied to all public
swimming and bathing facilities. If these supplies are not available, a potable
water supply meeting the approval of the Energy and Environment Cabinet shall
be provided.
(2) The water supply
shall be capable of providing:
(a) Sufficient
quantities of water under pressure to all water-using fixtures and equipment at
the facility; and
(b) Enough water
to raise the water level by at least one (1) inch in three (3) hours in:
1. Swimming, diving, or wave pools;
and
2. Water slide plunge
pools.
Section
4. Water Quality and Sanitary Requirements for Bathing Beaches.
(1) Prior to the issuance of plan and
construction approval, the cabinet 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 and the
watershed.
(2) 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, and scum; or
(b) Hazardous substances being discharged
into bathing beach water or watershed.
(3) Bacteriological quality. The
bacteriological quality of water at bathing beaches shall comply with the
following criteria:
(a) It shall meet the
requirements of
401 KAR
10:031. Satisfactory bacteriological results shall be
obtained before approval for construction is considered; and
(b) There shall not be any sanitary or
combined sewer discharges or other raw or partially treated sewage discharges
to the bathing beach area or immediate watershed.
(4) Chemical quality. There shall not be any
discharges of chemical substances, other than disinfecting agents, capable of
creating toxic reactions, or irritations to the skin or mucous membranes of a
bather.
Section 5. Sewage
and Wastewater Disposal.
(1) Sewage or
wastewater generated from the operation of a public swimming and bathing
facility shall discharge to a public sanitary sewer.
(2) If a public sanitary sewer is not
available, sewage or wastewater shall be discharged to a system which complies
with
902 KAR
10:085.
(3) Outdoor deck or surface area drainage
water may be discharged directly to storm sewers, natural drainage areas, or to
the ground surface without additional treatment. This drainage shall not result
in nuisance conditions that create an offensive odor, a stagnant wet area, or
an environment for the breeding of insects.
(4) Filter backwash shall be discharged to
public sanitary sewers, or if unavailable, to a system approved by the
cabinet.
Section 6.
Refuse Disposal.
(1) All refuse at a public
swimming and bathing facility shall be disposed of in a manner approved by the
Energy and Environment Cabinet in KAR Title 401.
(2) An adequate number of refuse containers
with tight fitting lids shall be provided at readily accessible locations at
all public swimming and bathing facilities.
(3) Refuse containers in women's restrooms
shall be kept covered.
(4) Bulk
refuse storage areas shall be designed and maintained to prevent rodent
harborage.
(5) Bulk refuse
containers shall be:
(a) Of approved design
and construction;
(b) Kept closed;
and
(c) Placed upon an impervious
surface within a suitable enclosure to prevent access by animals.
Section 7. Facility
Design and Construction.
(1) All public
swimming and bathing facilities, and attendant structures, such as bathhouses,
dressing rooms, or restrooms, except for beach areas at bathing beaches, shall
meet the design, materials, fixture, and construction requirements of
815 KAR
7:120 and 815 KAR Chapter 20.
(2) The wading and swimming areas at beaches
where the water is less than five (5) feet deep shall be separated from
swimming and diving areas by lines securely anchored and buoyed. Safe limits of
swimming 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
these limits of safe swimming there shall not be any boating, underwater
obstructions, or other hazards that may be dangerous or cause injury to
swimmers. Signs shall be provided on the beach describing these markers and
stating that they indicate the limits of safe bathing. The bottom of the
swimming area shall consist of sand or gravel and be of a uniform
slope.
(3) If diving facilities are
provided at beaches, the design and layout of the facilities and associated
unobstructed water depths shall be in accordance with the State Building Code
requirements for swimming and diving pools. The water surrounding any floats or
inflatable features where diving is permitted shall be at least nine (9) and
one-half (1/2) feet deep.
(4) Depth
markings and lane lines.
(a) On all
facilities other than beaches, the depth of the water shall be marked plainly
at or above the water surface on the vertical wall of the facility, if
possible, and on the edge of the deck next to the facility. Depth markers shall
be placed at the following locations:
1. At
the points of maximum and minimum depths;
2. At the point of change of slope between
deep and shallow portions or transition point;
3. At intermediate two (2) feet increments of
water depth; and
4. If the facility
is designed for diving, at appropriate points to denote the water depths in the
diving area.
(b) Depth
markers shall be spaced so that the distance between adjacent markers is not
greater than twenty-five (25) feet as measured peripherally.
(c) Depth markers shall be in Arabic numerals
at least four (4) inches high and of a color contrasting with the background.
If depth markers cannot be placed on the vertical walls at or above the water
level, other means shall be used, so that markings shall be plainly visible to
persons in the facility.
(d) Lane
lines or other markings on the bottom of the facility shall be a minimum of ten
(10) inches in width and be of a contrasting color.
(e) A safety line supported by buoys shall be
provided across the section of the pool where the break between the shallow and
deep water occurs (five (5) feet) except when the pool is being used for
organized activities or during operation as a wave pool. The line shall be
placed one (1) foot toward the shallow end from where the break
occurs.
Section
8. Facility Water Treatment Systems.
(1)
(a) A
recirculation system, consisting of pumps, piping, filters, water conditioning,
disinfection equipment, and other accessory equipment shall be provided to
clarify, chemically balance, and disinfect the water for all swimming and
bathing facilities, except bathing beaches.
(b) All system components, including piping,
shall bear the NSF International (NSF) potable water (NSF-pw) mark.
(c) Pumps greater than seven and five-tenths
(7.5) horse power that are not required to meet NSF testing standards shall be
considered on a case-by-case basis.
(2) Pumping equipment.
(a) The recirculation pump and motor shall
deliver the flow necessary to obtain the turnover required in the table below.
A valve for flow control and a flow meter shall be provided in the
recirculation pump discharge piping.
(b) The turnover rate shall be:
Type of Facility
|
Turnover Required
|
Diving Pools
|
8 hours or less
|
Wading pools, Spas, Therapy pools, Spray pad holding
tanks, Facility equipped with a spray feature not providing additional filtered
and disinfected water to the spray feature
|
30 minutes or less
|
Wave pools, Lazy rivers, Water rides
|
2 hours or less
|
Vortex pools, Plunge pools
|
1 hour or less
|
All other pools |
6 hours or less |
(c)
Higher flow rates may be necessary in pools with skimmers so that each skimmer
will have a minimum flow rate of thirty (30) gallons per minute.
(d) The pump shall be of sufficient capacity
to provide a minimum backwash rate of fifteen (15) gallons per square foot of
filter area per minute in sand filter systems.
(e) The pump or pumps shall supply the
required recirculation rate of flow to obtain the turnover rate required at a
total dynamic head of at least:
1. Fifty (50)
feet for all vacuum filters;
2.
Seventy (70) feet for pressure sand or cartridge filters; or
3. Eighty (80) feet for pressure diatomaceous
earth filters and perlite filters.
(f) If the pump is located at an elevation
higher than the facility water line, it shall be self-priming.
(g) If vacuum filters are used, a vacuum
limit control shall be provided on the pump suction line. The vacuum limit
switch shall be set for a maximum vacuum of eighteen (18) inches of
mercury.
(h) A compound
vacuum-pressure gauge or vacuum gauge shall be installed on the suction side of
the pump.
(i) A pressure gauge
shall be installed on the pump discharge line adjacent to the pump.
(j) Valves shall be installed to allow the
flow to be shut off during cleaning, switching baskets, or inspection of hair
and lint strainers.
(k) A hair or
lint strainer with openings no more than one-eighth (1/8) inch is required
except for pumps that are used with vacuum filter systems.
(3) Water heaters shall be installed at all
indoor swimming and bathing facilities, and shall comply with the following:
(a) A water heater piping system shall be
equipped with a bypass. A valve shall be provided at the bypass and on the
influent and effluent heater piping. The influent and effluent heater piping
shall be metallic and installed in accordance with heater manufacturer's
recommendations;
(b) A heating
coil, pipe, or steam hose shall not be installed in any swimming and bathing
facility;
(c) Thermometers shall be
provided in the piping to check the temperature of the water returning from the
facility and the temperature of the blended water returning to the
facility;
(d) An automatic
temperature limiting device with thermostatic control that prevents the
introduction of water in excess of 100 degrees Fahrenheit to swimming and
diving pools and in excess of 104 degrees Fahrenheit for spas shall be provided
and shall be accessible only to the facility operator;
(e) A pressure relief valve shall be provided
and shall be piped to within six (6) inches of the floor;
(f) Venting of gas or other fuel burning
water heaters shall be provided in accordance with the State Building
Code;
(g) Heaters for indoor
swimming and diving pools shall be capable of maintaining an overall pool water
temperature between seventy-six (76) degrees Fahrenheit and eighty-four (84)
degrees Fahrenheit;
(h) Combustion
and ventilation air shall be provided for fuel burning water heaters in
accordance with manufacturer recommendations or the State Building
Code;
(i) Heaters for indoor
swimming and diving pools shall be sized on a basis of 150 British Thermal
Units per hour input per square foot of pool water surface area; and
(j) All heaters shall meet the latest
standards of applicable recognized testing agencies.
(4) A flow meter shall be:
(a) Located so that the rate of recirculation
may be easily read;
(b) Installed
on a straight length of pipe at a distance of at least ten (10) pipe diameters
downstream, and five (5) pipe diameters upstream from any valve, elbow, or
other source of turbulence, except for those specifically designed without
separation parameters; and
(c)
Installed on each recirculation system, spray pad feature, waterslide, any
other type of spray feature, and on multiple filtration units.
(5) Vacuum cleaning system.
(a) A vacuum cleaning system shall be:
1. Provided for all facilities except
beaches; and
2. Capable of reaching
all parts of the facility bottom.
(b) A vacuum system that utilizes the
attachment of a vacuum hose to the suction piping through the skimmer may be
provided.
(c)
1. If the vacuum cleaning system is an
integral part of the facility recirculation system, a wall fitting shall be
provided:
a. Eight (8) to twelve (12) inches
below the normal water level; and
b. With a cap or plug that is not removable
by bathers.
2. Piping
from this connection shall be:
a. To the
suction side of the pump ahead of the hair and lint strainer;
b. At least one and one-half (1 1/2) inches
in diameter; and
c. Equipped with a
control valve near the junction with the pump suction line.
3. The size of the vacuum hose
shall be at least one and one-half (1 1/2) inches in diameter and be of
sufficient strength to prevent collapsing and allow adequate flow for proper
cleaning.
(d) Automatic
vacuum systems may be used to supplement the built-in vacuum system provided
they are capable of removing all debris from the facility bottom.
(e) Vacuum systems shall only be used when
the facility is closed to bathers.
(6) Piping, skimmer, and overflow system.
(a) Piping shall comply with the material
specifications listed in the Kentucky State Plumbing Code for potable
water.
(b) All piping, valves, and
fittings shall be color coded, suitably labeled, or marked to denote its
purpose within the facility water treatment system.
(c) The piping shall be designed to carry the
required quantities of water at velocities not exceeding five (5) feet per
second in suction piping and ten (10) feet per second in pressure
piping.
(d) Gravity piping shall be
sized so that the head loss in piping, fittings, and valves does not exceed the
difference in water levels between the facility and the maximum operating level
in the surge or filter tank.
(e)
The following waste lines shall be provided with six (6) inch air gaps at their
points of discharge to the waste pump or sewer:
1. Main outlet bypass or other connections to
waste;
2. Surge tank drain and
overflow lines;
3. Pump discharge
to waste lines; and
4. Gutter
bypass to waste lines.
(7) Inlets.
(a) Each inlet shall be directionally
adjustable.
(b) The velocity of
flow through any inlet orifice shall be in the range of five (5) to twenty (20)
feet per second, except that facilities equipped with skimmers shall have a
velocity of flow in the range of ten (10) to twenty (20) feet per
second.
(c) Inlets shall be located
and directed to produce uniform circulation of water to facilitate the
maintenance of a uniform disinfectant residual throughout the entire facility
without the existence of dead spots.
(d) Inlets in facilities with skimmers shall
be twelve (12) inches below the midpoint on the skimmer throat.
(e) Inlets in facilities with a prefabricated
perimeter overflow system shall be eight (8) inches or more below the lip of
the gutter.
(f) Inlets shall be
placed completely around the pool with each serving a linear distance of not
more than fifteen (15) feet on center. The pipe serving the inlets shall form a
loop completely around the pool.
(g) The number of inlets shall be determined
by dividing the perimeter of the pool measured in feet, by fifteen (15). Any
fraction thereof would represent one (1) additional inlet.
(h) Pools greater than forty-five (45) feet
wide shall be equipped with floor inlets in a grid pattern located no more than
seven and five-tenths (7.5) feet from a wall and no more than fifteen (15) feet
apart. The grid shall form a continuous loop with no reduction in loop pipe
sizing.
(i) A minimum of two (2)
inlets is required on all pools, holding tanks, and bathing facilities,
regardless of size.
(j) At least
one (1) inlet shall be located in each recessed stairwell or other space where
water circulation might be impaired.
(k) Prefabricated perimeter overflow systems
shall be approved on a case-by-case basis by the cabinet.
(8) Outlets.
(a) All facilities, including holding tanks,
shall be provided with a minimum of two (2) main outlets at the deepest
horizontal point plumbed in parallel to permit the facility to be completely
and easily drained.
(b) Openings
and grates shall:
1. Conform to
15 U.S.C.
8003;
2. Be covered by a proper grating that is not
removable by bathers;
3. Be at
least four (4) times the area of the main outlet pipe;
4. Have sufficient area so that the maximum
velocity of the water passing through the grate does not exceed one and
one-half (1 1/2) feet per second at maximum flow; and
5. Have a maximum grate opening width of
one-fourth (1/4) inch.
(c) Additional outlets shall be provided in
all facilities where the width of the facility is more than sixty (60) feet. In
these cases, outlets shall be spaced not more than thirty (30) feet apart, nor
more than fifteen (15) feet from side walls, and shall be connected in
parallel, not series.
(d) A
hydrostatic relief valve may be provided for in-ground swimming and diving
pools. Subsurface drainage, if provided, shall not be directly connected to a
sanitary sewer.
(e) Main outlet
piping shall be sized for water removal at a rate of at least 100 percent of
the design recirculation flow rate and at velocities specified in subsection
(6)(c) of this section. It shall function as a part of the recirculation
system. The piping system shall be valved to permit adjustment of flow through
it.
(9) Perimeter
overflow systems.
(a) Swimming and bathing
facilities with a water surface area greater than 1,600 square feet shall have
a continuous perimeter overflow system.
(b) A perimeter overflow system shall:
1. Extend completely around the
facility;
2. Permit inspection,
cleaning, and repair;
3. Be
designed so that no ponding or retention of water occurs within any portion of
the system;
4. Be designed to
prevent entrapment of bathers or the passage of small children into an enclosed
chamber;
5. Have an overflow lip
which is rounded, provides a good handhold, and is level within two-tenths
(0.2) inch;
6. Provide for the
rapid removal of all water and debris skimmed from the pool's
surface;
7. Be designed for removal
of water from the pool's upper surface at a rate equal to 100 percent of the
design turnover flow rate;
8.
Discharge to the recirculation system;
9. Be provided with a minimum of two (2)
outlet pipes that will not allow the overflow channel to become flooded when
the facility is in normal use;
10.
Require additional outlet pipes provided at one (1) per 150 lineal feet of
perimeter overflow system or fraction thereof; and
11. Have drain gratings with surface area at
least equal to two (2) times the area of the outlet pipe.
(10) All facilities that have
perimeter overflow systems shall have a net surge capacity of at least one
(1.0) gallon per square foot of water surface area. Surge capacity shall be
provided either in a vacuum filter tank, surge tank, or a combination of these.
Main drain piping shall terminate eighteen (18) inches above the surge tank
floor and be equipped with a modulating valve and a positive shutoff valve.
Surge capacity for a diatomaceous earth (DE) filter is measured eighteen (18)
inches above the filter media and the bottom of the gutter pipe.
(11) Skimmers are permitted on facilities
whose width does not exceed thirty (30) feet and whose water surface area is
1,600 square feet or less. If skimmers are used, the following shall be met:
(a) At least one (1) skimmer shall be
provided for each 500 square feet of water surface area or fraction thereof
with a minimum of two (2) skimmers provided, except for spas, holding tanks, or
wading pools with a water surface area of 144 square feet or less, where a
minimum of one (1) skimmer shall be required.
(b) Skimmers shall be located to minimize
interference with each other.
(c)
The rate of flow per skimmer shall not be less than thirty (30) gallons per
minute, and all skimmers shall be capable of handling at least eighty (80)
percent of required flow rate.
(d)
Surface skimmer piping shall have a separate valve in the equipment room to
permit adjustment of flow.
(e) Each
skimmer shall be provided with an equalizer line at least one and one-half (1
1/2) inches in diameter, located at least one (1) foot below the lowest
overflow level of the skimmer, and be provided with a self-closing valve and
cover that conforms to
15 U.S.C.
8003.
(f) All overflow water shall pass through a
basket that can be removed without the use of tools.
(g) All pools not equipped with a perimeter
overflow system shall have a smoothly contoured handhold coping not over two
and one-half (2 1/2) inches thick for the outer two (2) inches or an equivalent
approved handhold. The handhold shall be no more than nine (9) inches above the
normal water line.
(12)
All facilities shall be equipped for the addition of make-up water from a
potable water source pursuant to the following:
(a) Discharge through an air gap of at least
six (6) inches to a surge tank or a vacuum filter tank. If make-up water is
added directly to the facility, the fill-spout shall be located under or
immediately adjacent to a ladder rail, grab rail, or lifeguard platform. If
added to a surge tank or vacuum filter tank, the six (6) inch air gap shall be
measured above the top lip of the tank; and
(b) Through piping with vacuum breaker,
antisiphon, or other protection as specified by the State Plumbing
Code.
(13) Filtration.
(a) Filters shall comply with the following:
1. Pressure filters shall have:
a. Pressure gauges;
b. An observable free fall, or a sight glass
installed on the backwash discharge line; and
c. A manual air-relief valve at the high
point;
2. The filter
backwash disposal facility shall have sufficient capacity to prevent flooding
during the backwash cycle;
3. All
filters shall be designed so that they can be completely drained. Filters shall
be drained through a six (6) inch air gap to a pump or sanitary sewer;
and
4. Filter media shall be listed
as NSF approved.
(b) Each
facility shall have separate filtration and treatment systems.
(c) Filter equipment and treatment systems
shall operate continuously twenty-four (24) hours per day, except if the
facility is closed for repairs or at the end of the swimming season.
(d) Rapid sand or gravity sand filters shall
be designed for a filter rate not to exceed three (3) gallons per minute per
square foot of bed area at time of maximum head loss with sufficient area to
meet the design rate of flow required by the prescribed turnover.
(e) At least eighteen (18) inches of
freeboard shall be provided between the upper surface of the filter media and
the lowest portion of the pipes or drains that serve as overflows during
backwashing.
(f) The filter system
shall be designed with necessary valves and piping to permit filtering to the
pool.
(g) High rate sand filters.
The design filtration rate shall be a minimum of five (5) gallons per minute
per square foot of filter area. The maximum design filtration rate shall be the
lesser of fifteen (15) gallons per minute per square foot of filter area or
seventy-five (75) percent of the NSF listed filtration rate. The backwash rate
shall be fifteen (15) gallons per minute per square foot of filter
area.
(h) Diatomaceous earth
filters shall comply with the following requirements:
1. The design filtration rate shall not
exceed one and one-half (1 1/2) gallons per minute per square foot of filter
area on diatomaceous earth filters, except that the rate of filtration may be
increased to two (2) gallons per minute per square foot of filter area if
continuous feeding of diatomaceous earth is employed;
2. A precoat pot shall be provided on the
pump suction line for pressure diatomaceous earth systems. All diatomaceous
earth filter systems shall have piping arranged to allow recycling of the
filter effluent during precoating;
3. If equipment is provided for the
continuous feeding of diatomaceous earth to the filter influent, the equipment
shall have a capacity to feed at least one and one-half (1 1/2) ounces of this
material per square foot of filter area per day;
4. Overflow piping on vacuum diatomaceous
earth filters shall be provided on the filter tank to discharge overflow
water;
5. All filters shall be
equipped for cleaning by one (1) or more of the following methods:
a. Backwashing;
b. Air-pump assist backwashing;
c. Spray wash;
d. Water pressure to wash vacuum filter;
or
e. Agitation; and
6. Perlite may be used in filters
listed by NSF for perlite, but it may not be substituted for diatomaceous earth
without NSF listing.
(i)
Vacuum sand filters shall comply with the following requirements:
1. The design filtration rate shall be
seventy-five (75) percent of that listed by NSF or fifteen (15) gallons per
minute, whichever is lesser. The backwash rate shall be at fifteen (15) gallons
per minute per square foot of filter area; and
2. Overflow piping shall be provided in order
to drain overflow water.
(j) Cartridge filters shall comply with the
following requirements:
1. Cartridge filters
shall not be used on facilities with a capacity larger than 80,000
gallons;
2. Cartridge filters shall
only be used on indoor pools;
3.
The design filtration rate shall not exceed fifteen hundredths (0.15) gallons
per minute per square foot of filter surface area; and
4. A clean duplicate set of cartridges shall
be maintained at the facility.
(14) Disinfectant and chemical feeders.
(a) The minimum chemical feed equipment
required at any facility shall include a unit for feed of a disinfectant and a
unit for feed of a chemical for pH control.
(b) Equipment capacity.
1. Equipment for supplying chlorine or
compounds of chlorine shall be of sufficient capacity to feed the chlorine at a
rate of:
a. Eight (8) ppm or two and
seven-tenths (2.7) pounds per day chlorine gas or its equivalent for each
10,000 gallons of pool volume for outdoor facilities; or
b. Three (3) ppm or one (1) pound per day for
chlorine gas or its equivalent for each 10,000 gallons of pool volume for
indoor facilities based on the turnover rates specified in subsection (2)(b) of
this section.
2. The
equipment for supplying chlorine shall not be controlled by a day-date
clock.
3. The injection point for
chlorine shall be placed on the discharge side of the pump and downstream of
the flow meter unless the chlorine injection point is located within the surge
tank.
4. Pot feeders for supplying
bromochlorodimethylhydantoin sticks shall contain at least five tenths (0.50) a
pound of bromochlorodimethylhydantoin per thousand gallons of facility
capacity, or fraction thereof. The feeder shall have a method of feed rate
adjustment.
5. Supplemental NSF
listed ultraviolet (UV) light disinfection systems:
a. Shall be provided on all splash pads with
a recirculating water system;
b.
Shall be installed on a bypass line; and
c. Shall be equipped with a flow indicator;
and
d. May be used on other
facilities as supplemental disinfection.
6. Ozone may be used as a supplement to
chlorination or bromination. Ozonation equipment will be considered by the
cabinet on a case-by-case basis.
7.
No more than one (1) gram per day of ozone per ten (10) gallons per minute of
flow rate will be allowed. The ambient air ozone concentration shall be less
than five hundredths (.05) ppm at all times either in the vicinity of the
ozonator or at the pool water surface.
(c) If positive displacement pumps, or
hypochlorinators, are used to inject the disinfectant solution into the
recirculation line, they shall be of variable flow type and shall be of
sufficient capacity to feed the amount of disinfectant required by paragraph
(b)1 of this subsection. If calcium hypochlorite is used, the concentration of
calcium hypochlorite in the solution shall not exceed five (5) percent. The
solution container shall have a minimum capacity equal to the volume of
solution required per day at the feed rate required in paragraph (b)1 of this
subsection.
(d) Gas chlorinators
shall only be used in a pre-existing facility and shall comply with applicable
sections of
29 C.F.R.
1910.119.
(e) pH control feeders. All facilities shall
install a chemical feeder of positive displacement type for the purpose of
applying chemicals to maintain pH of facility water within the range of seven
and two-tenths (7.2) to seven and eight-tenths (7.8). A solution tank of
adequate capacity shall be provided.
(15)
(a)
Testing equipment shall be provided at all swimming and bathing facilities,
maintained with fresh reagents, and consist of a DPD
(Diethyl-P-Phenylene-Diamine) colorimetric test kit used to determine free
disinfectant residual, combined disinfectant residual, total alkalinity, and pH
of the facility water. Test kits using orthotolidine reagents shall not be
acceptable.
(b) Test kits shall be
used to determine the total residual chlorine either directly or by summation
of free chlorine and combined chlorine test results. Chlorine standards shall
range from one-tenth (0.1) to five (5.0) ppm.
(c) pH standards shall range from six and
eight-tenths (6.8) to eight and four-tenths (8.4).
(d) Both tests shall be accurate to within
two-tenths (0.2) units.
(e)
Facilities using cyanurates for stabilization shall have a test kit to measure
the cyanuric acid concentration. The cyanuric acid test kit shall permit
readings up to 100 ppm.
Section 9. Operational Water Quality
Standards.
(1) Disinfectant residuals for
swimming and diving pools, wading pools, water slides, and wave pools:
(a) Chlorine residual shall be maintained
between one (1) and five (5) ppm as free available chlorine.
(b) Bromine residual shall be maintained
between two (2) and six (6) ppm as free available disinfectant.
(c) Pools stabilized with cyanuric acid shall
meet the following criteria:
1. Be an outdoor
facility;
2. Maintain one and
five-tenths (1.5) to five (5) ppm free available chlorine residual;
and
3. Cyanuric acid concentration
not to exceed fifty (50) ppm.
(d) If the presence of chloramines is
determined, superchlorination is required, and the chloramine level shall not
exceed two-tenths (0.2) ppm.
(2) Disinfectant residuals for spas:
(a) Chlorine residual shall be maintained
between one (1) and five (5) ppm as free available chlorine;
(b) Bromine residual shall be maintained
between two (2) and six (6) ppm as free available disinfectant; and
(c) If the level of chloramines exceeds
two-tenths (0.2) ppm, superchlorination is required. During the
superchlorination process and until the time that free chlorine levels return
to five (5) ppm or less, the facility shall be closed.
(3) The pH of the facility water shall be
maintained in a range of seven and two-tenths (7.2) to seven and eight-tenths
(7.8). For corrosive water supplies, the alkalinity level shall be suitably
adjusted to allow maintenance of the pH level.
(4) Turbidity. Facility water shall have
sufficient clarity at all times so that:
(a) A
black disc, six (6) inches in diameter, is readily visible when placed on a
white field at the deepest point of the pool; and
(b) The openings of the main outlet grate are
clearly visible by an observer on the deck.
(5) Total alkalinity. The alkalinity of the
facility water shall not be less than fifty (50) nor more than 180 ppm, as
determined by suitable test kits.
(6) Temperature.
(a) The water temperature for indoor swimming
and bathing facilities other than spas shall not be less than seventy-six (76)
degrees Fahrenheit nor more than eighty-four (84) degrees Fahrenheit. The
cabinet may allow variances from the above temperature limits for special use
purposes as competition, physical therapy, or instruction of children.
Variances may be approved if proof is presented showing that a variance from
the temperature requirements is necessary for the special uses stated and that
the variance will not jeopardize public health.
(b) Air temperature at an indoor facility
shall be higher than the water temperature, except for spas.
(c) Water temperatures for any facility
including spas shall not exceed 104 degrees Fahrenheit.
(d) All facilities with heated water shall
have at least one (1) break proof thermometer located within the facility water
in a conspicuous location. The thermometer shall be securely mounted to prevent
tampering by bathers.
(7)
The facility operator shall perform tests for each of the above water quality
characteristics before opening and during all hours of operation based on the
frequency schedule listed below, and record all test results on a daily
operational log sheet:
(a) Disinfectant
residual, temperature, and pH shall be checked at least three (3) times daily
with a greater frequency if bather load or climatic conditions
warrant.
(b) Turbidity shall be
checked daily, or more often as needed.
(c) The following shall be checked weekly, or
more often as needed:
1. Alkalinity;
and
2. Cyanuric acid, if
used.
(8) All
spas shall be completely drained, thoroughly cleaned, and refilled with potable
water at least once per week. Cleaners used shall be compatible with facility
wall and bottom finishes.
Section
10. General Facility Operation and Maintenance.
(1) All facilities shall be maintained:
(a) Free from sediment and debris;
and
(b) In good repair.
(2) Decks shall be kept clean.
Indoor decks shall be disinfected at least weekly.
(3) Perimeter overflow and skimmers. The
perimeter overflow system or automatic surface skimmers shall be clean and free
of leaves or other debris. The strainer baskets for skimmers shall be cleaned
daily. The flow through each skimmer shall be adjusted as often as necessary to
maintain a vigorous skimming action. The facility water shall be maintained at
an elevation so that effective surface skimming is accomplished. The flow
returning from the facility shall be balanced or valved so that the majority of
flow is returned through the perimeter overflow or skimmer system.
(4) Inlet fittings. Inlets shall be checked
frequently to insure that the rate of flow through each inlet is correct so
that a uniform distribution pattern is established.
(5) Bather preparation facilities.
(a) The floors of dressing rooms, shower
stalls, and other interior rooms shall be cleaned and disinfected
daily.
(b) Toilet rooms and
fixtures shall be kept clean, free of dirt and debris, and in good
repair.
(c) Floors shall be
maintained in a nonslip condition.
(d) Soap dispensers shall be filled and
operable.
(e) Adequate supplies of
toilet tissue, disposable hand drying towels, or suitable hand drying devices
shall be maintained.
(6)
Street attire. Street shoes shall not be worn on the facility decks or wet
areas of the bather preparation facilities, except for those persons engaged in
official duties.
(7) Safety. All
public swimming facilities shall have adequate enclosures that meet the
specifications of Department of Housing, Buildings and Construction. Doors or
gates in the facility enclosure shall be kept closed and locked if the facility
is closed.
(8) Electrical systems.
Repairs to any electrical system shall be made by an electrician. All repairs
shall be in accordance with the National Electrical Code and shall be approved
by a certified electrical inspector.
(9) Diving equipment, ladders, hand rails,
and other similar equipment, shall be maintained in good repair, be securely
anchored, and have a nonslip surface.
(10) Operation of mechanical equipment.
(a) Manufacturers' instructions for operation
and maintenance of mechanical and electrical equipment, as well as pump
performance curves, shall be kept available at the facility.
(b) Pumps, filters, disinfectant feeders, pH
controls, flow indicators, gauges, and all related components of the facility
water recirculation system shall be kept in continuous operation twenty-four
(24) hours a day.
(c) Recirculation
pumps. The pump shall not be throttled on the suction side during normal
operation, except for the bottom drain valve, and shall be kept in good repair
and condition. The flow control valve on the discharge side shall be adjusted
as necessary to maintain the design flow rate.
(11) Filtration.
(a) Sand filters.
1. The filter air release valve shall be
opened, as necessary, to remove air which collects in the filter and following
each backwash.
2. The filter shall
be backwashed if the design flow rate can no longer be achieved, or as
specified by the filter manufacturer, whichever occurs first.
(b) Diatomaceous earth filters.
1. The dosage of diatomaceous earth precoat
shall be at least one and one-half (1 1/2) ounces per square foot of element
surface area. Pressure diatomaceous earth filters shall be backwashed if the
design flow rate can no longer be achieved or as specified by the filter
manufacturer, whichever occurs first. If the recirculation pump stops or is
shut off, the filter shall be thoroughly backwashed and the elements shall be
precoated before placing the pump back into operation. Vacuum diatomaceous
earth filters shall be washed if the design flow rate can no longer be achieved
or as specified by the filter manufacturer, whichever occurs first;
2. Following the precoating operation, the
initial filter effluent shall be either recirculated through the filter until
the filter effluent is clear, or the initial filter effluent shall be
discharged to waste until properly clarified water is produced; and
3. If continuous diatomaceous earth feed is
required (filter loading rate exceeds one and five-tenths (1.5) gallons per
minute per square foot of filter surface area), it shall be applied at a rate
of one-half (1/2) to one and one-half (1 1/2) ounces per square foot of surface
area per day, or as needed to extend filter cycles.
(12) Hair and lint strainers. Hair
and lint strainers shall be cleaned to prevent clogging of the suction line and
cavitation. The pump shall be stopped before the strainer is opened. In all
cases, the hair strainer basket shall be cleaned during the time the filter is
being backwashed.
(13) Flow meters.
Flow meters shall be maintained in an accurate operating condition and readily
accessible. The glass and the connecting tubes shall be kept clean.
(14) Vacuum and pressure gauges. The lines
leading to the gauges shall be bled occasionally to prevent blockage.
(15) Positive displacement feeders.
(a) Positive displacement feeders shall be
periodically inspected and serviced;
(b) To minimize sludge accumulation in the
unit, the lowest practicable concentration of solution shall be used. If liquid
chlorine solution is used, the dilution with water is not critical to the
operation of the unit; and
(c)
Sludge accumulations shall be cleaned periodically from the unit.
(16) Chlorinated cyanurates. The
use of chlorinated cyanurates shall be prohibited.
(17) pH adjustment.
(a) Soda ash or caustic soda may be used to
raise the facility water pH.
(b)
Caustic soda shall only be used in accordance with the manufacturer's
instructions. If caustic soda is intended for use, the cabinet shall be
notified in writing. Protective equipment and clothing, including rubber gloves
and goggles, shall be available for the handling and use of this
chemical.
(c) Sodium bisulfate or
muriatic acid may be used to lower pool water pH.
(d) Hydrochloric (muriatic) acid may only be
used with proper supervision and care. Protective equipment and clothing,
including rubber gloves and goggles, shall be available for handling this
chemical.
(e) The cabinet shall be
consulted if there are unusual pH problems including corrosion, scaling, or
wide fluctuations in pH.
(18) Algae control.
(a) The development of algae shall be
eliminated by superchlorinating. The facility shall not be open for use during
this treatment. If superchlorination fails to eliminate the algae, the cabinet
shall be consulted for further advice.
(b) Treated algae which cling to the bottom
and sides of the facility shall be brushed loose and removed by the suction
cleaner and filtration system.
(19) Miscellaneous chemicals.
(a) Chemicals other than approved
disinfectants shall be used only with the advice and under the supervision of
the cabinet.
(b) Chemicals shall be
kept covered and stored in the original container, away from flammables and
heat, and in a clean, dry, and well-ventilated place that prevents unauthorized
access to the chemicals.
(c) The
chemicals used in controlling the quality of water shall be used only in
accordance with the manufacturer's instructions.
(d) If polyphosphates are used for
sequestering iron, the concentration of polyphosphates shall not exceed ten
(10) ppm.
(20) Equipment
rooms shall comply with the following requirements:
(a) Equipment necessary for facility
operation shall be housed in a lighted, ventilated room that affords protection
from the weather, prevents unauthorized access, has ceilings of at least seven
(7) feet in height, and is of sufficient size for operation and
inspection;
(b) The equipment room
floor shall slope toward drains and shall have a nonslip finish;
(c) A hose bib with a vacuum breaker shall be
installed in the equipment room;
(d) Suitable space, if not provided in the
equipment room, shall be provided for storage of chemicals, tools, equipment,
supplies, and records where they can be acquired by the facility operator
without leaving the premises. The storage space shall be dry and protected from
unauthorized access; and
(e) The
equipment room and all other storage areas shall be maintained in a clean,
uncluttered condition, and shall not be used for storage of materials not
essential to operation and maintenance of the facility.
(21) Maintenance of bathing beaches.
(a) Beach areas shall be maintained free of
litter and water borne debris. Beverage containers of glass or metal containers
with detachable pull tabs shall be prohibited.
(b) A layer of sand or gravel of sufficient
depth to prevent the creation of mud holes or slicks and to reduce shallow
water turbidity shall be maintained on all beach areas and shall extend beneath
the water of all wading and swimming areas.
(c) Wading, swimming, and diving areas shall
be examined by the facility operator on a routine basis and immediately after
high water conditions for floating or sunken debris, obstructions at diving
areas, and high water turbidity, which may present safety hazards to
bathers.
Section
11. Facility Records.
(1) The
operator of each facility shall keep a daily record of information regarding
operation of the facility on the DFS-352, Swimming Pool Log Sheet. This data
shall be kept on file by the operator and submitted to the cabinet as
requested. Proper operating records shall be kept showing daily or weekly
results, as applicable, for:
(a) Disinfectant
residuals;
(b) pH readings, total
alkalinity, cyanuric acid level, if applicable; and
(c) Equipment malfunctions.
(2) If two (2) or more facilities
are operated on the same site, separate records shall be maintained for each
facility.
Section 12.
Personnel.
(1) Operator. A facility operator
shall be responsible for the operation and maintenance of all swimming and
bathing facilities. The operator shall be available at all times when the
facility is open for use.
(2)
Lifeguards.
(a) Lifeguards shall be on duty at
a facility that has 2,000 square feet or greater of water surface area at a
rate of one (1) per 2,000 square feet or fraction thereof.
(b) Lifeguards shall be provided at all
facilities, regardless of water surface area, that allow bathers seventeen (17)
years of age or under to enter the facility area without a responsible adult
present at a rate of one (1) lifeguard per 2,000 square feet of water surface
area or fraction thereof.
(c) All
facilities that are not required to provide lifeguards shall post and enforce
the following rules at all entrance points: "No Lifeguard on Duty" and "No
person may enter the facility area alone or swim alone."
(d) Additional lifeguards shall be provided
if necessary depending on bather load, bather activities, size, and
configuration of the facility, and the amount of surface area for shallow and
deep water areas, emergencies, and the lifeguard's ability to see
bathers.
(e) A facility may submit
an alternative lifeguard staffing plan that:
1. Has been certified by an independent
third-party compliance specialist;
2. Designates the number of lifeguards
necessary to ensure each lifeguard is capable of viewing the entire area of the
assigned zone of patron surveillance; and
3. Ensures the lifeguard is able to reach the
furthest extent of the assigned zone of patron surveillance within twenty (20)
seconds.
(f) The
alternative lifeguard staffing plan shall be:
1. On file with the Public Safety Branch
within the Department for Public Health;
2. Submitted to the local health department
of jurisdiction; and
3. Resubmitted
if there is a change in:
a. The shape or size
of the swimming pool;
b. The
surrounding areas that would obstruct the lifeguard's view of the bottom of the
pool; or
c. Ownership of the
facility.
(g)
Lifeguards shall be provided at all bathing beaches that allow bathers
seventeen (17) years of age or younger without a responsible adult at a rate of
one (1) per 100 linear feet of beach front or a fraction thereof. Bathing
beaches that do not provide lifeguards shall post the following warnings: "No
lifeguard on duty. Swim at your own risk. No person seventeen (17) years of age
or younger may swim without a responsible adult present.".
(h) A bathing beach that has an inflatable
water attraction shall have a minimum of one (1) lifeguard per attraction, with
additional lifeguards provided to ensure all areas surrounding the attraction
are clearly visible at all times.
(3) Lifeguards shall comply with the
following:
(a) Lifeguards shall have a current
lifesaving certificate. Current training as a lifesaver or water safety
instructor by the American Red Cross or equivalent shall satisfy this
requirement. The certificate of competency shall be prominently
posted;
(b) Lifeguards shall be
dressed in swimming attire; and
(c)
Lifeguards assigned to the supervision of the facility shall not be subject to
duties that would:
1. Distract their attention
from proper observation of persons in the facility area; or
2. Prevent immediate assistance to persons in
distress in the water.
Section 13. Safety Equipment.
(1) Facilities requiring lifeguards shall
have a minimum of one (1) elevated lifeguard chair per on-duty lifeguard. A
lifeguard chair shall be provided for each 2,000 square feet of water surface
area or major fraction more than half thereof. They shall be located to provide
a clear view of the facility bottom in the area under surveillance.
(2) Beaches requiring lifeguards shall
provide an elevated lifeguard chair for each 100 linear feet of beach front,
with an additional lifeguard chair for each additional 100 linear feet of beach
front or fraction thereof. The chairs shall be located on the beach to provide
a clear view of all areas under surveillance and to provide the quickest
response time.
(3) One (1) unit
consisting of the following lifesaving equipment shall be provided for 2,000
square feet of water surface area and an additional unit for each additional
2,000 square feet or fraction thereof:
(a) A
U.S. Coast Guard approved ring buoy no more than fifteen (15) inches in
diameter with a three-sixteenths (3/16) inch rope attached that measures one
and one-half (1 1/2) times the maximum pool width;
(b) Rescue tubes may be used when lifeguards
are present;
(c) A shepherd's hook
securely attached to a one piece pole not less than twelve (12) feet in length;
and
(d) One (1) backboard with head
immobilizer and at least three (3) straps, for back and neck
injuries.
(4) Facilities
limited to small spas, with less than 144 square feet of water surface area,
shall not be required to provide the equipment listed in subsection (3) of this
section, but shall meet the requirements of subsections (7), (10), and (11) of
this section.
(5) In addition to
subsection (3) of this section, a beach shall provide the following lifesaving
equipment:
(a) Paddle board or
surfboard;
(b) At least one (1)
lifeboat and one (1) unit of lifesaving equipment; and
(c) A torpedo shaped buoy.
(6) All facilities shall be
equipped with a minimum of one (1) standard twenty-four (24) unit first aid kit
or its equivalent that is kept filled and ready for use. Additional units shall
be provided for each additional 2,000 square feet of facility area or major
fraction thereof.
(7) Lifesaving
equipment shall be mounted in conspicuous places at lifeguard chairs or other
readily accessible locations. Its function shall be plainly marked, and this
equipment shall be kept in repair and ready condition. Bathers or other persons
shall not be permitted to tamper with, use for any purpose other than its
intended use, or remove this equipment from its established location. This
equipment at beaches shall be centrally located in a conspicuous place that is
readily accessible, with the lifeboat required by subsection (5)(b) of this
section being located in the most central location.
(8) The hydrojet auxiliary air or water pump
for a spa shall be controlled by an on-off switch with a fifteen (15) minute
timer located and labeled at least five (5) feet away from the spa.
(9) All facilities shall provide an emergency
automatic pump shut off located adjacent to the telephone.
(10)
(a)
All facilities shall have a non-pay landline telephone, continuously connected
to a power source and operational at all times, capable of direct dialing 911
without going through a switchboard located on the deck that is readily
accessible and conspicuously located. A cordless telephone shall be
prohibited.
(b) A two (2) way radio
communication system to a manned telephone system may be substituted at an
isolated beach facility.
(c) The
address of the facility and the telephone number of the police department, fire
department, emergency medical service, or a hospital shall be posted in a
conspicuous place near the telephone.
(11) All drownings and injuries requiring
hospitalization shall be immediately reported to the local health department
and the Department for Public Health.
(12)
(a) A
facility submitting an alternative lifeguard staffing plan pursuant to Section
12(2)(e) of this administrative regulation may submit a request for a variance
to the safety equipment requirements of this section to the Environmental
Management Branch in the Department for Public Health.
(b) The variance requested shall not affect
the safe and healthful operation of the facility.
(c) Before granting a variance, the cabinet
shall require adequate proof from the applicant that the requested variance
will comply with the basic intent of this section and that no safety or health
hazard would be created if the variance is granted.
Section 14. Spectator and Bather
Administrative Regulations.
(1) Management of
each facility shall adopt rules for controlling of food, drink, and smoking in
the facility and surrounding areas.
(2) Rules governing the use of the facility
and instructions to bathers shall be displayed on placards at the entrance to
dressing rooms and enforced by the facility operator. Posting of rules and
other instructions shall provide that:
(a)
Admission to the facility shall be refused to a person:
1. Having any contagious disease or
infectious conditions, such as colds, fever, ringworm, foot infections, skin
lesions, carbuncles, boils, inflamed eyes, ear discharges, or any other
condition that has the appearance of being infectious;
2. Having excessive sunburn, abrasions that
have not healed, corn plasters, bunion pads, adhesive tape, rubber bandages, or
other bandages of any kind; and
3.
Under the influence of alcohol, illegal substances, or exhibiting erratic
behavior;
(b) Food,
drink, gum, tobacco, or vapor producing products shall not be allowed, other
than in specially designated and controlled sections of the facility
area;
(c) Personal conduct within
the facility shall assure that the safety of self and others is not
jeopardized;
(d) Running and
boisterous or rough play shall not be permitted, except for supervised water
sports;
(e) Spitting, spouting of
water, blowing the nose, or otherwise introducing contaminants into the
facility water shall not be permitted;
(f) Glass, soap, or other material that
creates hazardous conditions or interferes with efficient operation of the
facility shall not be permitted in the facility or on the deck;
(g) All apparel worn in the facility shall be
clean;
(h) Diving in shallow water
shall not be permitted;
(i) Caution
shall be exercised in the use of diving boards; and
(j) Service animals may be allowed in the
deck area but shall be excluded from the water.
(3) Due to the nature of bathing beaches,
subsection (2)(c), and (f) of this section shall not apply.
(4) In addition to the requirements of
subsection (2) of this section, a caution sign shall be mounted adjacent to all
spas and contain the following warnings:
"CAUTION |
Pregnant women, elderly persons, and persons suffering
from any heart condition or disease, diabetes, or high or low blood pressure
should not enter the spa without prior medical consultation and permission from
their doctor. |
Do not use the spa while under the influence of
alcohol, tranquilizers, or other drugs that cause drowsiness, or that raise or
lower blood pressure. |
Do not use at water temperatures greater than 104
degrees Fahrenheit. |
Do not use alone. |
Unsupervised use by children is prohibited. |
Enter and exit slowly. |
Observe reasonable time limits (that is, ten (10) to
fifteen (15) minutes), then leave the water and cool down before returning for
another brief stay. |
Long exposure may result in nausea, dizziness,
fainting, or death. |
Keep all breakable objects out of the area. |
Shower before entering the spa." |
(5) A
sign shall be posted in the immediate vicinity of the spa stating the location
of the nearest telephone and indicating that emergency telephone numbers are
posted at that location.
Section
15. Swimming Suits and Towels Furnished by Management. All
swimming suits and towels used by swimmers and maintained for public use shall
be cleaned after each use. These items shall be handled in a sanitary
manner.
Section 16. Facility
Inspection.
(1) Seasonal facilities.
(a) All owners or operators of seasonal
facilities, prior to opening to the public, shall certify to the cabinet, in
writing, that the facility is in compliance with the requirements of this
administrative regulation, except in instances where the cabinet has made an
inspection prior to its opening. For seasonal facilities, the cabinet shall
make at least two (2) full facility inspections during the operating season.
The cabinet may require one (1) of the full facility inspections to be
performed prior to a facility's opening.
(b) The facility owner or operator shall be
responsible for notifying the cabinet of the proposed opening date.
(2) Continuous operation indoor
facilities shall receive a full facility inspection by the cabinet at least
once each six (6) months.
(3) New
facilities shall receive final construction approval inspections by the
cabinet, and other affected state and local regulatory agencies, prior to
placing the facility in operation. It shall be the owner or operator's
responsibility to notify the cabinet and other involved agencies of
construction completion and call for inspection.
(4) Facilities other than beaches shall be
inspected at a minimum of once each thirty (30) day period by the cabinet on a
monitoring basis. The monitoring inspection shall consist of:
(a) Disinfectant residual testing and
combined disinfectant in ppm;
(b)
pH testing;
(c) Total alkalinity
testing;
(d) Cyanuric acid testing,
if cyanuric acid stabilizers are used;
(e) Turbidity assessment;
(f) Temperature testing, if heated water
facility;
(g) Review of operator's
daily log;
(h) Visual scanning for
algae or debris; and
(i) Other
checks as necessary.
(5)
Beaches shall be monitored once each month or anytime immediately after periods
of heavy rainfall. Monitoring inspections for beaches shall include general
sanitation, bacteriological water sampling, and safety checks as
necessary.
(6) The cabinet may make
as many additional inspections and reinspections as necessary for the
enforcement of this administrative regulation.
(7) When an agent of the cabinet makes an
inspection of a public swimming and bathing facility, the findings shall be
recorded on the DFS-349, Public Swimming and Bathing Facilities Inspection, or
DFS-350, Public Swimming and Bathing Facilities Beach Inspection Report, and a
copy provided to the facility owner or operator. The inspection report shall:
(a) Set forth any violation
observed;
(b) Establish a specific
and reasonable period of time for the correction of the violation observed;
and
(c) State that failure to
comply with any notice issued pursuant to the provisions of this administrative
regulation may result in closure of the facility.
Section 17. Water Sampling and
Testing.
(1) A water sample may be collected
from facilities if inspections or monitoring indicates water quality standards
are not being maintained, or there is a suspected water borne disease outbreak.
These samples shall be submitted to the Division of Laboratory Services in an
approved container and by approved sampling procedures for analysis.
(2) Samples shall be collected and analyzed
for any of the following or other contaminants:
(a) Total coliform;
(b) E. coli; and
(c) Pseudomonad organisms.
(3) Multiple samples shall be
collected at beaches to assure adequate representation of the entire facility
water area.
(4) If a sample tests
positive for a contaminant, the test shall be repeated within one (1) to seven
(7) days.
(5) For a facility other
than a bathing beach, no more than two (2) consecutive samples shall be
positive for:
(a) More than two (2) coliform
organisms per 100 milliliter (mL);
(b) Pseudomonas organisms; or
(c) E. coli.
(6) Beaches shall comply with the
requirements of Section 4 of this administrative regulation prior to opening
for the season and during the operating season.
(7) Additional samples may be requested to
ensure compliance with this administrative regulation.
Section 18. Bacteriological Quality of
Facility Water.
(1) For facilities other than
beaches, no more than two (2) consecutive samples shall:
(a) Contain more than 200 bacteria per
mL;
(b) Have a positive
confirmatory test for coliform organisms in any of the five (5) ten (10) mL
portions of a sample or more than two (2) coliform organisms per 100 mL when
the membrane filter test is used;
(c) Have a positive confirmatory test for
pseudomonas organisms; or
(d) Have
a positive test for fecal coliform organisms.
(2) Beaches shall comply with the standards
established in Section 4(3)(a) of this administrative regulation.
Section 19. Conditions requiring
Closure of a Facility and Enforcement Provisions.
(1) The cabinet shall immediately order the
closure of a facility and prohibit any person from using the facility by
written notice to the facility owner or operator if:
(a) There is an immediate danger to health or
safety;
(b) Violations of the
Virginia Graham Baker Act;
(c) The
water does not conform to the bacteriological standards contained in this
administrative regulation;
(d) An
environmental survey of the area shows evidence of sewage, other pollutants, or
toxic materials being discharged to waters tributary to a beach;
(e) Turbidity levels of facility water do not
meet the requirements of Section 9(4) of this administrative
regulation;
(f) The disinfectant
residual is outside the range prescribed in this administrative
regulation;
(g) The pH is outside
the range prescribed by this administrative regulation;
(h) The cyanuric acid level exceeds fifty
(50) ppm;
(i) There is no pool
operator available;
(j) There has
been a fecal accident in the pool;
(k) The owner, operator, an employee, or
representative of the owner interferes with duly authorized agents of the
cabinet who bear proper identification, in the performance of their
duties;
(l) If recirculation
systems, filtration systems, or disinfectant systems are not in operation, with
exceptions for maintenance and seasonal shut down; or
(m) If serious or repeated violations of any
of the requirements of the administrative regulations are found.
(2) The notice shall state the
reasons prompting the closing of the facility, and a copy of the notice shall
be posted conspicuously at the facility by the owner or operator.
(3) Any owner or operator affected by an
order may request an administrative conference in accordance with
902 KAR
1:400.
(4)
If the conditions rendering closure are abated or further analyses prove to not
render closure, the cabinet may authorize reopening the facility.
(5) If a source of sewage, pollution, or
toxic material discovered as a result of an environmental survey is eliminated,
the cabinet may authorize the reopening of a beach.
(6) In all other instances of a violation of
the provisions of this administrative regulation, or
902
KAR 10:121 for the nonpayment of fees, the cabinet
shall serve upon the owner or operator a written notice specifying the
violation in question and afford a reasonable opportunity to correct the
violation. An owner or operator who fails to comply with any written notice
issued under the provisions of this administrative regulation or
902
KAR 10:121 shall be notified in writing that the
facility shall be closed at the end of ten (10) days following service of the
notice, unless a written request for a conference pursuant to
902 KAR
1:400 is filed with the cabinet by the owner or
operator within the ten (10) day period.
(7) All administrative hearings shall be
conducted in accordance with KRS Chapter 13B.
(8) Any person whose facility has been closed
may, at any time, make application for a reinspection for the purpose of
reopening the facility. Within ten (10) days following receipt of a written
request, including a statement signed by the applicant that in his or her
opinion the conditions causing closure of the facility have been corrected, the
cabinet shall make a reinspection. If the facility is found to be in compliance
with the requirements of this administrative regulation, the facility shall be
reopened.
(9)
(a) For serious or repeated violations of any
of the requirements of this administrative regulation, or for interference with
the agents of the cabinet in the performance of their duties, the facility may
be permanently closed after an opportunity for a conference has been provided
in accordance with
902 KAR
1:400.
(b)
Prior to the action, the cabinet shall notify the owner or operator, in
writing, stating the reasons for which the facility is subject to closure and
advising that the facility shall be permanently closed at the end of ten (10)
days following service of the notice unless a request for a conference is filed
with the cabinet by the owner or operator, within the ten (10) day
period.
Section
20. Existing Facilities and Equipment.
(1) Existing facilities and equipment being
used prior to August 1, 1996, that do not fully meet the design, construction,
and materials requirements of this administrative regulation, may continue to
be used if the facilities and equipment:
(a)
Are in good repair;
(b) Are capable
of being maintained in a sanitary condition;
(c) Meet facility water quality standards;
and
(d) Create no health or safety
hazard.
(2) If existing
equipment, components, piping, or fittings involved in the facility water
treatment system are replaced to effect repairs, the replacement equipment,
components, piping, or fittings shall meet the requirements of this
administrative regulation. If replacement occurs, it shall be the owner's or
operator's responsibility to notify the cabinet as to what was replaced and
what was used for a replacement.
Section 21. Effect on Local Administrative
Regulations. Compliance with this administrative regulation shall not relieve
any person from compliance with any other state or local laws dealing with pool
operation and maintenance matters or zoning requirements that may also be
applicable.
Section 22. Variances
for Construction Requirements.
(1) All
facilities shall be constructed or remodeled in compliance with the provisions
of this administrative regulation, except that an applicant may request a
variance if the cabinet determines that the variance would not affect seriously
the safe and healthful operation of the facility.
(2) Before granting a variance, the cabinet
shall require proof from the applicant documenting that the requested variance
will comply with the basic intent of these administrative regulations and that
no safety or health hazard would be created if the variance is
granted.
Section 23.
Incorporated by Reference.
(1) The following
material is incorporated by reference:
(a)
"DFS-349, Public Swimming and Bathing Facilities Inspection" 5/2021;
(b) "DFS-350 Public Swimming and Bathing
Facilities Beach Inspection Report" 5/2021; and
(c) "DFS-352 Swimming Pool Log Sheet"
5/2021.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Division of Public Health Protection and Safety, Department for Public
Health, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday,
8 a.m. to 4:30 p.m. and online at
https://chfs.ky.gov/agencies/dph/dphps/emb/Pages/pools.aspx.
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STATUTORY AUTHORITY:
KRS
194A.050(1),
211.180(1)