Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V)
Section 435.01 - Definitions

Board of Health means the appropriate and legally designated health authority of the city, town, or other legally constituted governmental unit within the Commonwealth having the usual powers and duties of the board of health of a city or a town, or his or its authorized agent or representative.

Communicable Disease means a disease which may be transmitted through the medium of water.

Department means Department of Public Health.

Operator means any person who

(a) alone or jointly or severally with others owns a public or semi-public swimming pool, wading or special purpose pool regulated by 105 CMR 435.00 or

(b) has care, charge or control of such a pool as agent or lessee of the owner or as an independent contractor.

Person means every individual, partnership, corporation, firm, association or group, including a city, town, county, or other governmental unit.

Public Pool means every swimming, wading or special purpose pool, admission to which may be gained by the general public with or without the payment of a fee.

Residential Pool means a swimming or wading poole stablished or maintained by an individual for his own or family's use, or for the use of personal guests of his household.

Semi-Public Pool means a swimming, wading or special purpose pool on the premises of, or used in connection with a hotel, motel, trailer court, apartment house, condominium, country club, youth club, school, camp, or similar establishment where the primary purpose of the establishment is not the operation of the swimming facilities, and where admission to the use of the pool is included in the fee or consideration paid or given for the primary use of the premises. Semi-public pool shall also mean a pool constructed and maintained by groups for the purposes of providing bathing facilities for members a nd guests only.

Special Purpose Pool means a unit designed for recreational and therapeutic use which is shallow in depth and not meant for swimming or diving. These pools are not drained, cleaned or refilled for each user. It may include, but not be limited to hydrojet circulation, hot water, cold water mineral baths, air induction bubbles, or any combination thereof. Industry terminology for such a pool includes but is not limited to, therapeutic pool, hyrotherapy pool, whirlpool, hot spa, hot tubs, float tanks, etc. This standard excludes residential units and facilities used or under the direct supervision and control of licensed medical personnel.

Swimming Pool means and includes every artificial pool of water having a depth of two feet or more at any point and used for swimming or bathing, located indoors or outdoors, together with the bathhouses, equipment, and appurtenances used in connection with the pool. It does not include any special purpose pool or residential pool as herein defined nor does it include any pool used primarily for baptismal purposes or the healing arts.

Wading Pool means a pool of water in a basin having a maximum depth of less than two feet intended chiefly as a wading place for children. It does not include any residential pool as herein defined.

Water Slide Flume means a recreational device that provides a descending ride into a splashdown pool, which is not designed for swimming or wading, at the base of the slide. Low frictionis achieved in all designs by providing a flowing water film.