HomeMy WebLinkAbout105 CMR 435.01 (Eff. 02/20/98 -Corrected) 105 CMR: DEPARTMENT OF PUBLIC HEALTH
435.01: continued
Communicable Disease means a disease which may be transmitted through the medium ofwater.
Deparhnent 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 pooi as agent or lessee of the owner or as an
independent contractor.
Person means every individual,partnership,corporation,fitm,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 pool established 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 and 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 indudes but is not limited to,therapeutic pool,hydrotherapy pool,whirlpool,hot
spa,hot tubs,float tanks,eta 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 ofwater 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 residentiai 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 residentiai 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
friction is achieved in all designs by providing a flowing water film.
435.02: Plan Ap rv oval
(1) No person shall construct or install a swimming,wading or special purpose pool,or expand,
remodel or otherwise make any change which may affect the compliance of an existing
swimming,wading or special purpose pool with the requirements of 105 CMR 435.00 until the
plans and specifications for the construction or change, under the stamp and signature of a
Massachusetts Registered Professional Engineer or Registered Architect,have been approved in
writing by the Board of Heaith. Nothing in 105 CMR 435.00 shall affect the authority of any
person acting under appropriate sections of 780 CMR(TheMassachusettsStateBuildingCode),
527 CMR 12.00(1996Massachusetts Electrical Code(Amendments))and 248 CMR(Un:form
State Plumbing Code and the Massachusetts Fuel Gas Code)or applicable local ordinance or
regulation.
3/20/98 (Effective 2/20/98)-corrected 105 CMR- 1762
