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HomeMy WebLinkAbout105 CMR 435.00: Minimum Standards for Swimming Pools (State Sanitary Code: Chapter V) � I. f l05 CMR: DEPARTMEVT OF PUBLIC HEALTH lOiC:viR43i.00: �fINIML'hf STFu�DARDS FOR SWIMMIlVG POOLS (STATE SP.�ti`ITARY , CODE: CHAPTER V) Section 4i5.01 Definitions Coasauction 435.02: Ptan Approva! 435.03: Bathhouse and Saaitarv Faciliria 435.04: Sewage Disposal 435.05: Locarioq Structural Siability:Finish 435.00r: Water Circulation and Filtration Systems 435.07: Cons�uction!�tatecials 435.08: Inleu and Outleu �35.09: Cross Connection 435.10: Skimming Faciliria . 435.11: Pool Slopes and Dimensions 435.12: Wata Depth 2vlarkings 435.13: Walkwavs and Decks 435.14: Laddas and Steps 435.15: Diving 435.16: Water Sovrce . I 435.17: Pool Supervision I Operatioa and Maintenance - 43521: Aanual Permit Requiremenu for Swimming,Wading ar.d Special Purpose Pools;Pool Records C 43522: Health Regulations;Signs 435.23: Life3uards 435.24: Safety Equipmem 43525: First Aid Equipment and Emergency Commimication 435.26: Waste Water and Backwash Waza Disposal 43527: Bather Load Capacity _ 435.28: Bacterial Qualiry 43529: Chemicai Standards 435.30: WazaTestingEquipment 435.31: 'WaterCiariry 43532: Water Quality Maintenance 43533: Maximum Opereting Temperat�es far Special hupose Poois� 43534: Closiue of Pool � � 435.35: Water Slide Flumes � 435.36: Splash Down Pools 435.37: New and innovative Equipment and Procedures 43538: Geaaal Sanitation ,qdm�n�araeiOD e¢d EIIfOECCmCM ( 435.41: Genaal Adminimation 435.42: Ordecs: Service and Conunt 435.43: Hearing 435.44: Appeai 435.45: Prnaltia i 435.46: Variance ' 435.47: Variance,Grmt of Speeiat Permission;Expirario4 Modificatioq Suspension of I 1 Appendix A-Swimming Pool Tating Records �.Ol: Definitions ,'(� Board of Health means die appropriate and legally daignated 1Kalth authoriry of t}�city,wwn, or othu legally constimted govemma�tal unit within t6e Commonwealth having the usual powers aad dutia of the board of health of a ciry or a town,or his or iu awhorized ageat or cepreseatative. 2l20/98 ]OS CMR- 1761 , Denartment means Deparhnent of Public Health. O�erator 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 caze, chazge or control of such a pool as agent or lessee of the owner or as an independent contractor. Person means every individual,partnership,corporaiion,firm,association or group,including a city, town, county, or other governmental unit. Public Pool means every swinuning,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 I for his own or family's use, or for the use of personal guests of his household. Semi-Public Pool means a swimming, wad'mg 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 establislunent 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. I Semi-public pool shall also mean a pool conshucted and maintained by groups for the purposes � of providing bathing facilities for members and guests only. Snecial Purpose Pool means a unit designed for recrearional and therapeuric use which is shallow in depth and not meant for swinuning or diving. These pools aze 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 inducrion bubbles,or any combination thereo£ Industry terminology for such a pool includes but is not limited to, therapeutic pool, hydrotherapy 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 Swimmin¢Pool means and includes every artificial pool of water having a depth oftwo 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. Wadin¢ Pool means a pool of water in a basin having a maYimum 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 ofthe slide. Low friction is achieved in all designs by providing a flowing water film. I 435.02: Plan Approval � (1) No person shall construct or install a swimnung,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 wtitinQ by the Board of Health. Nothing in 105 CMR 435.00 sha11 affect the authoritv of anv � approved plans and specifications which may affect the capacity or the health or safety features of the swimming,wading or special purpose pool, shall be submitted to the Boazd of Health for ' review. Approval of said change or revision of plans shall be obtained in writing before the ' work affected by the change is undertaken. (3) The Boazd of Health sha11 be notified when a newly constructed, expanded, or remodeled swimming,wading or special purpose pool is ready for use. Notification shall be given at least i one week prior to the completion of the project so that a date can be arranged for a fmal inspection. Use of such pool sha11 not commence before a final inspection has been made and i written approval to operate has been given by the Boazd of Health. 435.03: Bathhouse and Sanitarv Facilities (1) The operator sha11 provide for each sex adequate and sepazate dressing and sanitaty ' faciliries located adjacent to every public swimming pool. Rooms shall be of ample size and I well lighted, drained, ventilated, and so planned and constructed that good sanitation can be - maintained throughout the building at all times. Bathers shall be so routed that the crossing of � street shoes and wet barefoot traffic is kept to a minimuxn. In general,impervious materials and , light colors should be used throughout. ' (2) The operator of a public swimming pool shall provide showers and shall fiunish hot and cold '� water. The minimum number of showers shall be one for each 40 bathers based on ttte maximum bather load, (see 105 CMR 435.27). I i (3) The operator of a public swimming pool shall provide and shall maintain in a sanitazy ! condition, for each sex, at least one water closet at convenient locations for each 40 bathers. i One additional water closet shall be provided for each additiona140 bathers. For males,urinals I may be substituted for up to one third of the number of water closets required. Toilets for the , use of spectators shall be sepazated from those provided for bathers and shall be located outside ' the azea used by bathers. I I (4) The operator of a public swimining pool shall provide and shall maintain in a sanitary i condition washbasins adjacent to a11 water closets in the proportion of at least one basin for each 60 bathers, based on the maximum bather load. i i (5) The operator shall provide hose connections for flushing down the dressing rooms, � bathhouse interior, and outside pool decks. It is recommended that hot water be provided at ; indoor pools. � I (6) T'he operator sha11 provide a room designaxed and equipped for the emergency care of sick � or injured bathers at a public swimming pool. The location of such a room shall be approved by � the Boazd of Health. Minunum equipment sha11 include a cot and blanket. I (7) The operator shall provide adequate storage space for j anitorial equipment and supplies and I instructional equipment. i (8) The operator sha11 be responsible for maintaining adequate ligh6ng in all parts of the i bathhouse,toilets,pool azea and pool water by sunlight or artificial lighting, or both,under all ( conditions of pool use. Arrangements and design of lighting shall allow lifeguards and attendants to see cleazly every part of the pool,walkway,spring boazds,and other appurtenances without being blinded by the lights. All lighting,including underwater pool lighting,sha11 be so � installed to prevent glare and maintained as notto create a hazard. i (9) When provided,heating units shall be so installed as to present no hazazd to bathers. i ,I , ! Denartment means Department of Public Health. i Oroerator 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 caze, charge or control of such a pool as agent or lessee of the owner or as an l independent contractor. I I 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 I 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. Ij Semi-Public Pool means a swimming, wading or special purpose pool on the premises of, or I used in connecdon with a hotel, motel, trailer court, apartment house, condominium, country I club, youth club, school, camp, or similar establishment where the primary purpose of the ', establishment is not the operation of the swinuning facilities,and where admission to the use of I 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 facili6es for members and guests only. � i �cial Pw�►wse Pool means a unit designed for recreational and therapeutic use wlrich is i shallow in depth and not meant for swimming or diving. These pools aze not drained,cleaned or refilled for each user. It may include,but not be limited to hydrojet circularion,hot water,cold i water mineral baths,air induction bubbles,or any combination thereof. Indushy terniinology for ' such a pool includes but is not lunited to, therapeutic pool, hydrotherapy pool, whirlpool, hot spa, hot tubs, float tanks, etc. This standard excludes residential units and facili6es 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 ar bathing,located indoors or outdoors,together with � the bathhouses, equipment, and appurtenances used in connecrion 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. Wadin Pool means a pool of water in a basin having a ma�cimum depth of less than two feet � intended chiefly as a wading place for children. It does not include any residential pool as herein i defined. f Water Slide Flume means a recreational device that provides a descending ride into a ' splashdown pool,which is not desigied for swimming or wading,at the base of the slide. Low friction is aclueved in all designs by providing a flowing water film. 435.02: Plan Approval I� (1) No person shall construct or install a swinuning,wading or special purpose pool,or eacpand, ��I remodel or otherwise make any change which may affect the compliance of an existing I 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 ' writine bv the Board of Health. Nothine in 105 CMR 435.00 shall affect the authoritv of anv ' i , , , . management of a supervisor,who shall be responsible for all phases of the pool operation. The � pool supervisor may be the property owner,a facility employee or an employee of a contracted ! pool service. The pool supervisor shall be available to respond to mechanical and maintenance problems, and to detect the potential of such problems before they occur. It is not required that ', the pool supervisor be on the premises at all times. "The pool supervisor shall be: ', (a) at least 21 yeazs of age, ' (b) knowledgeable of 105 CMR 435.00, and , (c) responsible for all phases of the operation. (2) Effective January 1, 1999 the pool supervisor of a11 public and semi-public swimming pools shall have successfully completed a course in the safe and effective operation and maintenance of swimming pools as evidenced by certification as a Pool Operator from the YMCA, the Narional Swimming Pool Foundation, or from any other organization providing equivalent , training, subject to the approval of the Department. ' (3) 1'he pool supervisor shall ensure that on-site pool personnel aze adequately trained in the ' safe,sanitary and effective operation of the pool and its equipment.Training may be in the form of verbal and/or written instrucrion. The training must include at a minimum the following: (a) an explanation of the filtration and recirculation system; (b) pool water disinfection and control agents; (c) pool water chemistry and testing; (d) record keeping as required by 105 CMR 435.21(5); (e) water quality chemicals; (fl proper health and safety precautions when handling pool chemicals and equipment; i (g) cross connection control; and � (h) first aid and safety equipment � (4) If required by the Boazd of Health,there sha11 be at least one trained person on the premises at all times that the pool is open.This individual may be the pool supervisor,a lifeguard,a pool I attendant or any other trained person. The boazd when deternuning whether there is a need for I the trained person,and the minimum trainnig or certification requirements for this person,shall i take into account the size and capacity of the pool(s),the average attendance,the compleacity of the disinfection equipment, and the facility's history of compliance with the regulations. (5) The pool supervisor shall conduct a site visit to the pool at least once a week to ensure the pool is being operated in a safe and sanitary manner. The pool supervisor shall record the findings of his/her site visit in the records required to be maintained by 105 CMR 435.21(5). 435.21: Pernut Reauirements for Swimmine, Wadin ,g and Special Purpose Pools: Pool Records I (1) No person shall operate or maintain any swimming,wading or special purpose pool without obtaining a pernut from the Board of Health on a form prescribed by the Commissioner of Public Health. The pernut shall state the method of watei treahnent,the number of trained lifeguards required and the maacimum number of people allowed in the water at any time (see 105 CMR 435.27). The permit sha11 be subject to the requirements of 105 CMR 435.00 and to any regulations as may be adopted by the Boazd of Health,provided,however,that said local boazd , of health regularions shall not be applicable to a state owned or operated swimming,wading or � special purpose pool. A Boazd of Health may issue a pernut with any desired restrictions for the I use of any swimming,wading or special purpose pool which fails to meet the requirements for design or construcrion if the pool was in use prior to Apri130, 1964 and if such failure does not materially impair the safety or sanitary operation of the pooL (2) The operator shall post the pemut in a conspicuous location neaz the swimming,wading or special purpose pool. (3) All permits sha11 eamire no more than 12 months followinQ the date of issue, and mav be , � � � ' 105 C:vIR: DEPARTMENT OF PUBLIC HEALTH � I � 435.42� Orders� Service and Contrnt � (1) If an esamination as provided for in 105 C?vIR 400.100 reveals that a swimmiag,wading � or special puryose pool does:rot compty�with the provisioas of 105 CMR 435.000,the Board ` of Healt6 may order the owner to compiy with the violated provisioa. F I (2) If an exaznination reveals the existence of a health or safety hazard at any swimming, wading or special purpose pool,the Boazd of Health,may,as ic consida:s necessary,issue an I order which revokes or suspends a pennit Such an orda shail be comp!ied with in accordance j with iu direcuons and no pason shall be pemiitted w enta the water of the swimaiing,wading ',. or special puipose pooL mless and until the pumit has been reissued or LSe order has bern revoked in wriring by the Boazd of Health. (3) Everv order authorized by 105 CMR 435.000 shall be in wriring. All orders shall be served '. on the owna or his agrnt; : . (a) Perso:rally,by atry person authorized to serve civil�process,or ' . ���. (b) by leaving a copy of the order at his last and usual place of abode,or �'�, (c) by sending him a copy of the order by regstered or certi5ed mail, retum receipt '. � requested,if he is within the Commonwealt6,or ��;� (d) if]vs last and usuat p1aCe of abode is imlmown or outside the Commoawealth, by �'�, posting a copy of the order in a eonspicuous place on or about the swimming,wading or - �, special pucpose pool or portion thereof affec[ed (4) Subject to the emergmcy provision of]OS CMR 4G0.200(B)and m the provisions of 105 � CMR 435.42(2),any order issued unda the provisioas oF i05 CMR 435.000 stiall: (a) inlcude a statement of the violaaon or defec[,and may suggest acrion which if taken will � ( � effect compliance with]OS CMR 435.000,and I (b) infotm the person to whom it is direcud of his right to a hearing and of his i responsibility to request the hearing,and w whom the request shall be made. 4�5.43� Heatin¢ � �I I (1) The pason or pasons to wbom any order has beeq served puisuant to 105 C:vIIt 435.000 ���, may request a heazing bef'ore the Board of Health by Sliag with the Board of Heatth within ' sevrn days aftez the day the order was scrved,a vrtittea petition requesting a hearing on the ' , matter. Upon receipt of such petirion the Board of Heatth shatl set a time and a place for such a hearing aad shatl infomi the peririoner thereof in wriring. The hearing shall be commmced { not laur than ten days after the day on which tlu petition was filed;provided,thaz on application of the petitioner the Board af Health may postpoce U�e daze of the hearing for a reasonable time � beyond such trn-day period if in the judgnent of the Board of Heslth the peritioner has ', submiaed a good and sufficimt reason for such postpoaemrnt ' (2) At the hearing the petitioner shall be given an opportmiry to Ix heard and to show why the ' orda shouid be madified or withdcawn. ! (3) After t6c heacing the Board of Health shall s�ut�n,modify or withdraw the ordcr and shalt infocm the paitioner in writing of its decisiom If the Boacd of Health sustains or modi6a du orda, it shall be ca�ied out withia the time period alioard ia the origioal orda or i¢the modificaiion. (4) Every mrice,otder,or other record p�epared by ehe Hoaed of Heatth in connection with the � heazing shalt be enteied as a matter of public record in the office of the Board of Health I (5) If a wriaen petition for a hearing is not Sled in the office of the Board of Health witUin � scven days afta an order t�as been issued,or if after a heazing,the order has ban sasrained in any part,each day's failure to comply with the order as issued or modified shatl coestihne an additional offmse.(see 105 CMR 435A5).