New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter I - State Sanitary Code
Part 6 - Swimming Pools, Bathing Beaches And Recreational Aquatic Spray Grounds
Subpart 6-1 - Swimming Pools
General Provisions
Section 6-1.4 - Enforcement
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 6-1.4
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Permits and placarding.
(1) Operation of a swimming pool
without a permit is a violation of this Subpart. The permit-issuing official
may order any swimming pool operating without a permit to close and remain
closed until the facility has obtained and displays a valid permit.
(2) The enforcement procedures delineated in
sections 12, 12-a, 12-b, 16, 308, 309, 1303-1305 and
1308 of the Public Health Law may be used,
as appropriate. Where a public health hazard is found, the pool shall be
placarded to prohibit use until the hazard is corrected in order to protect the
public health or safety of bathers. When a placard is used, it shall be
conspicuously posted at each entrance leading to the pool. The placard shall
state the authority for its placement and indicate that concealment,
mutilation, alteration or removal of it by any person without permission of the
permit-issuing official shall constitute a violation of this Chapter and the
Public Health Law.
(3) Within 15
days of placarding of a facility, the operator of such facility shall be
provided with an opportunity to be heard and present proof that continued
operation of the facility does not constitute a danger to the public health.
The hearing shall be conducted by the permit- issuing official or his
designated hearing officer.
(4) The
permit-issuing official or his designated representative shall inspect the
premises, within two working days of notification that the hazard has been
eliminated, to remove the placards after verifying correction.
(b) Public health hazards. Any of the following violations are public health hazards which require the permit-issuing official or designated representative to order immediate correction or to immediately institute action as provided in the law and in this Subpart:
(1) failure to provide adequate
supervision of the swimming pool as prescribed in section
6-1.23 of
this Subpart;
(2) failure to
provide the minimum disinfectant residual levels listed in various sections of
this Subpart;
(3) failure to
continuously operate the swimming pool's filtration and disinfection
equipment;
(4) use of an unapproved
or contaminated water supply source for potable water use;
(5) overhead electrical wires within 20 feet
horizontally of the swimming pool;
(6) unprotected electrical circuits or wiring
within 10 feet of the swimming pool;
(7) failure to maintain emergency lighting
source as required in section 6- 1.17(h) of this Subpart;
(8) absence of all lifesaving equipment on
swimming pool deck;
(9) swimming
pool bottom not visible;
(10)
absence of or improper depth markings at a swimming pool;
(11) plumbing cross-connections between the
drinking water supply and swimming pool water or between sewerage system and
the swimming pool's filter backwash facilities;
(12) failure to provide and maintain an
enclosure around the swimming pool area that will prevent access to the
swimming pool during the hours in which the pool is not open for use;
(13) use of unapproved chemicals or the
application of chemicals by unapproved methods to the swimming pool
water;
(14) broken or missing main
drain grate in the swimming pool;
(15) overcrowding of the swimming pool that
results in poor supervision of bathers;
(16) glass or sharp objects in swimming pool
or on deck area; or
(17) any other
item determined to be a public health hazard by the permit-issuing
official.
(c) Other violations. Violations of other sections of this Subpart or of other Parts of this Chapter are also subject to a penalty upon conviction.
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