HomeMy WebLinkAbout2015 Mar 02 - Draft Letter Re: Pool Violations - \ :
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Date: March 2, 2015 ` ` �
To: Board of Health
From: Philip 1. Renaud
Re: Violations of State Swimming Pool Code 105 CIwIR 435 �
Based on recent pool inspections from Massachusetts Department of Public Health, it h�.s-eome to our
attention that the pools would not be grandfath�red as when first constructed.
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,,-�ss DPH Minimum Standards for Swimming Po,bls 105 CMR 435.05 (3) states "No projection except
ladders and grab rails shall be permitted from arjy pool wall or floor surface." Mass DPH requires stairs
to be recessed or outside of the swimming area. Please see the attached page that outlines motels that
will be asking for variances on steps projecting into the pool.
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�� � 'Mass DPH Minimum Standards for Swimming Pools 105 CMR 435.13 (1)state "Walkways shall be
� �%'� continuous around the pool with a minimum width of four feet of unobstructed clear distance including
a curb at the pool edge if such a curb is used." Please see the attached page that outlines motels that
will be asking for variances on minimum four feet depth around any pool or whirl pool. Many of the
whirl pools were built with walls on some of the sides, not having the required minimum four feet
around the pooL
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Many of the pools`in Yarmouth will be asking for a variance from these two State Swimming Pool Codes,
as you will see in the attached list of motels with pools needing variances.
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pools and bathhouses. The design and materials used in the construction should reduce
reverberation of sound, so that a lifeguard's voice or a call for help may be easily heard.
(12) The operator of every swimming pool,wading or special purpose pool shall provide and
maintain adequate enclosures to prevent animals and unauthorized persons from entering the
pool area.
(a) All outdoor inground swimming, wading or special purpose pools constructed before
October 2, 1975 shall be enclosed by a firmly secured fence of at least four feet in height.All
gates into the pool area shall be self-latching with latches placed four feet above ground level
or otherwise made inaccessible to children up to eight years of age.
(b) All outdoor inground swimming, wading or special purpose pools constructed after
October 2, 1975 shall be enclosed by a fence six feet in height and firmly secured at ground
level provided that any board or stockade fence or structure shall be at least five feet in
height,but if over five feet in height,the fence shall be chain link. Such enclosure,including
gates therein, shall not be less than six feet above the ground, and any gate shall be self-
latching with latches placed four feet above the ground or otherwise made inaccessible from
the outside to children up to eight years of age. Such enclosure shall be constructed of such
material and maintained so as not to permit any opening in said enclosure,other than a gate,
wider than three inches at any point along the enclosure. (M.G.L. c. 140, § 206)
(c) All indoor swimming pools shall be enclosed by a barrier which shall extend not less
than four feet above the ground. Such enclosure shall be constructed of such material and
maintained so as not to permit any opening in said enclosure,other than a gate or door,wider
than three inches along the enclosure.All gates and doors in the pool enclosure shall be self-
closing and self-latching with latches placed at least four feet above the ground.
(d) Access to every public swimming pool by bathers shall be provided only through the
bathhouse facilities.
(13) The operator shall provide sanitary drinking water facilities in accordance with 310 CMR
22.00: Drinking Water.
(14) The operator of a public swimming pool shall provide the following in association with the
required toilets, showers and washbasins:
(a) Toilet paper holders, supplied with paper shall be provided at each toilet.
(b) Suitable receptacles shall be provided for paper towels and other waste materials.Such
receptacles in toilet rooms for women shall be covered.
(c) Common towels shall not be permitted.
(d) Soap dispensers providing either liquid or powdered soap shall be located at each
washbasin. The dispenser must be shatter-proof with no glass permitted in these units.
(e) If mirrors are provided they shall be unbreakable or of safety glass.
435.04: Sewa�e Disposal
The operator shall provide a sanitary drainage system connected to the public sewerage
system for the disposal of sanitary sewage. If because of non-availability, distance, or ground
conditions,connection to a public sewerage system is not practicable,any other sanitary means
of disposal of sanitary sewage approved by the Board of Health and in compliance with
310 CMR 15.00 or approved by the Department of Environmental Protection in compliance with
310 CMR 15.00 may be installed.
435.05: Location; Structural Stability, Finish
(1) A swimming,wading or special purpose pool should be located where it can be maintained
free from pollution by dust, smoke, soot, surface drainage or other deleterious substances and
shall comply with all restrictions of 310 CMR 15.00: The State Environmental Code, Title S:
Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-