[HISTORY: Adopted by the County Council of
Allegheny County as amended 7-1-2008 by Ord. No. 20-08 (Department of Health
Art. IX). Subsequent amendments noted where applicable.]
These regulations are promulgated under the
powers granted to counties by the Local Health Administration Law,
Act 315, P.L. 1304, adopted August 24, 1951, as amended, and the Second
Class County Code, Act of July 28, 1953, P.L. 723, as amended.
A.
Purpose. This chapter establishes minimum standards
for the regulations of bathing places, hot tubs and spas essential
to prevent public health hazards in Allegheny County, setting forth
minimum standards governing the condition and maintenance of bathing
places, hot tubs and spas; fixing certain responsibilities and duties
of owners, managers, operators, and others in control of bathing places,
hot tubs and spas; issuing annual operational permits; requiring the
certification of bathing place, hot tub and spa managers and operators;
establishing the criteria for the qualifications of a lifeguard and
establishing the requirement of the presence of lifeguards at bathing
places; establishing requirements and criteria for the reporting of
accidents and communicable diseases associated with bathing places;
authorizing the inspection of all equipment and facilities; and providing
for notices, hearings, and penalties.
B.
Exclusions. None of the provisions of this chapter
shall apply to therapeutic whirlpools, sensory deprivation tanks,
single-family residential bathing places, bathing beaches, hot tubs
or spas, or therapeutic swimming pools unless specifically stated
otherwise.
It is hereby declared that the inadequate provision
for the management of bathing places, hot tubs and spas endangers
the public health by causing or contributing to exposure to bacteriological
contaminants and pathogens, zoonotic pathogens, injuries, and drowning,
and provides a breeding place for insects and animal pests, and that
the establishment and maintenance of proper management standards to
control these problems are essential to the public health, safety
and welfare.
The following words and terms, when used in
this chapter, shall have the following meanings, unless the context
indicates otherwise:
The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water
to a tank, plumbing fixture or other device and the flood level rim
of the receptacle.
The American National Standards Institute.
The American National Standards Institute and National Spa
and Pool Institute, Standards for Public Swimming Pools.
The American National Standards Institute and National Spa
and Pool Institute, Standards for Public Spas.
The flow of water or other liquids, mixtures or substances
into the distributing pipes of a potable water supply from any source
or sources other than the approved source.
Patrons of a bathing place, bathing beach, hot tub or spa
engaged in activities in the water, including, but not limited to,
swimming and bathing.
The designated area of a natural or artificially constructed
pond, lake, stream, river, bay or other body of water which is used
for swimming or bathing purposes together with building, equipment,
and appurtenances, if any, and the land areas used in connection therewith.
Any controlled natural or artificial place for the purpose
of admitting persons for amateur, professional, or recreational swimming
or bathing, whether or not a fee is charged for admission or for the
use of said place, or any part thereof. A bathing place includes,
but is not limited to, swimming pools, wading pools, wave pools, spray
pools, exercise swimming pools, lap swimming pools, and water slides.
A bathing place shall include a swimming pool owned and operated by
(1) the residents of a condominium or cooperative, (2) any public
or private educational institution, (3) any public or private orphanage,
(4) any communal group, or (5) any correctional institution.
The Commonwealth of Pennsylvania.
A building or complex in which units of property, such as
apartments, are owned by individuals and common parts of the property,
such as the grounds and building structure, are owned by the unit
owners.
Any physical connection or arrangement between two otherwise
separate piping systems, one of which contains potable water and the
other steam, gas, a chemical or water of unknown or questionable safety,
whereby there may be a flow from one system to the other, the direction
depending on the pressure differential between the two systems.
The Allegheny County Health Department.
The Director of the Allegheny County Health Department or
authorized representative.
Emergency escape breathing apparatus.
All land, structures, and other appurtenances or improvements
where swimming or bathing is permitted or takes place.
A structure, designed to contain water, having a maximum
depth of 48 inches used in conjunction with water recirculation systems
or air injection, and utilizing hot, cold, or ambient temperature
water which is not emptied after each individual use. The term does
not include whirlpools.
Including, but not limited to.
An organization of all owners of units in a common interest
development, and is given authority to enforce covenants, conditions,
and restrictions and managing the common amenities of the development.
Shall include pool deck reconstruction, gutter replacements,
design changes to pumps, filters, chlorinator/brominator, change in
size, shape of pool or bottom of the pool, piping size changes, and
separating pool from wading pool system or other items after review
by the Department that are deemed to be a significant change in the
structure or operation of the pool. All major reconstruction and new
construction require the submission of forms for plan review and approval
by the Department prior to the start of work.
A city, incorporated town, township, borough, county, any
political subdivision, or any authority created by any of the foregoing.
The National Electrical Code published by the National Fire
Protection Association.
A written advisory stating that a person has, through an
act of omission or commission, caused, allowed to be caused, or allowed
to exist a condition contrary to statutes, laws or rules and regulations.
A notice of violation may include a request for an action or the development
of a corrective action plan to prevent a reoccurrence of the violation.
A person who operates a bathing place, bathing beach, hot
tub, spa, or therapeutic swimming pool.
The person or municipality who is the owner of record of
a facility or part of a facility.
A permit, or any modification or amendment thereof, issued
to construct or operate a swimming pool, spa or hot tub.
A natural person, individual, corporation, municipality,
county, political subdivision, partnership, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution, authority, agency, or any other legal entity
whatsoever which is recognized by law as the subject of rights and
duties. In any provisions of this chapter pertaining to a fine or
penalty, or any combination of the foregoing, the term "person" shall
include the officers and directors of any corporation or other legal
entity having officers and directors.
A potable water supply which meets the definition of a public
water supply as that term is defined in the Pennsylvania Safe Drinking
Water Act, the Act of May 1, 1984, P.L. 206, No. 43, 35 P.S. §§ 721.1
et seq., as amended.
A structure for use by children which is designed to collect
and channel water sprayed in the air to a recirculation system or
to waste without accumulating to any depth.
The Standard Methods for the Examination of Water and Wastewater,
20th Edition, published jointly by the American Public Health Association,
American Water Works Association and Water Environment Federation,
or equivalent methodology acceptable to the Department.
A structure which is designed to contain water and is located
either indoors or outdoors and used for bathing or swimming together
with buildings, appurtenances, and equipment used in connection therewith.
A swimming pool used exclusively for therapeutic purposes
under the waterside supervision of a person licensed by the commonwealth
as a physical therapist and a swimming pool used exclusively for adaptive
aquatics instruction/recreation under the waterside supervision of
a person certified as an adaptive aquatics instructor. If the pool
is used for any other purpose at any time, the pool is considered
to be a public bathing place. The term includes whirlpools.
The number of minutes or hours required to completely replenish
the water in a swimming pool, hot tub, or spa or recirculate a quantity
of water equal to the capacity of the swimming pool, hot tub, or spa.
A structure for use by children which is designed to contain
water and is not deeper than two feet.
Rivers, streams, creeks, rivulets, lakes, dammed water, ponds,
springs and all other bodies of surface water and underground water,
or parts thereof, whether natural or artificial, within or on the
boundaries of the commonwealth.
A flume designed to convey a recreational bather, with or
without the aid of a device on which the bather may ride, from an
elevated starting point to a pool of water or level deceleration area.
A source or sources of water, as well as any and all water
treatment, storage, transmission and distribution facilities.
A structure, designed to contain water, used for bathing
or swimming in conjunction with a wave-making mechanical or hydraulic
ram mechanism, together with buildings, appurtenances and equipment
used in connection therewith.
A structure which is designed to contain water for the submersion
of parts or all of the body; is used solely for therapeutic purposes;
lacks filtration and recirculation; is designed primarily for the
use of one person at a time; and is completely drained at least once
every 24 hours.
A.
In order to carry out the purpose and provisions of
this chapter, the Director, upon showing proper identification of
office, may enter and inspect any property, records, and equipment
at all reasonable times and, in an emergency, at any time. The owner,
manager, operator, employee, or any person having custody or control
of such property, records, or equipment shall give the Director free
access for the purpose of such inspections.
B.
Any time that the Director is denied access for the
purpose of inspection at any facility, any permit issued under the
Department's rules and regulations shall be immediately suspended,
and such suspension shall continue until such time as an inspection
is made by the Department.
A.
Whenever the Director determines that there has been
a violation of any provision of this chapter or any applicable laws
and regulations of Allegheny County, the commonwealth, or the United
States, the Director may suspend the permit or may give notice of
the violation to such persons and municipalities as the Director deems
necessary to aid in the enforcement of the provisions of the regulations
of Allegheny County, the commonwealth, or the United States.
C.
The notice of violation may require an action or the
development of a corrective action plan to prevent the recurrence
of the violation.
D.
A notice of violation or a notice of permit suspension
shall be served upon the person responsible;
(1)
By handing a copy to the person or employee, including
lifeguards, responsible or by handing a copy to the persons designated
by law to receive such notices of violation; or
(2)
By sending a copy to the person's last known address
by proof of mailing, postage prepaid, or by certified mail, postage
prepaid, with a request for a return receipt; and/or
(3)
By posting a copy in a conspicuous place in or about
the facility.
Any person aggrieved by any action of the Department
may request and shall be granted a hearing in accordance with the
Allegheny County Health Department Rules and Regulations, Article
XI, Hearings and Appeals.[1]
Whenever the Director determines that an emergency exists which necessitates immediate action to protect the public health, safety, or welfare, the Director shall, without prior notice, cite the existence of the emergency and require corrective action necessary to abate the emergency. Notwithstanding the provisions of §§ 845-6 and 845-7 of this chapter, this order shall be effective upon service and shall be complied with immediately.
A.
Following the issuance of a notice of violation, the
Director may impose civil penalties; institute appropriate actions
or proceedings in law or in equity to restrain, correct, or abate
the violations; or take any other action available to cause the violation
to be abated.
B.
The County may recover the amount of the expense of
any action taken to abate or cause abatement of any violation in accordance
with the Local Health Administration Law, Act of August 24, 1951,
P.L. 1304, as amended and any other applicable rules, regulations,
or laws of Allegheny County, the commonwealth, or the United States,
or any amendment or reenactment thereof.
A.
It shall be unlawful for any person to construct,
alter, modify, operate, or continue to operate any bathing place,
bathing beach, hot tub, spa, or any structure intended to be used
as a bathing place, bathing beach, hot tub, or spa without having
first obtained all necessary permits required by the commonwealth
and/or the local jurisdiction.
B.
It shall be unlawful for any person to operate or
continue to operate any bathing place, bathing beach, hot tub, spa
or any structure intended to be used as a bathing place, bathing beach,
hot tub or spa without having a valid operation permit issued by the
Director.
C.
Application for an annual operation permit shall be
made to the Department on the application form provided by the Department.
A separate application must be filed whenever there is a need to amend
or modify an operation permit.
D.
The application form for an operation permit to operate
a bathing place, bathing beach, hot tub, or spa shall include such
information as the Department shall deem necessary.
E.
Annual operation permits issued under this chapter
shall expire on April 30. Annual operation permits shall be renewable
annually, if the applicant has met all the requirements of this chapter.
F.
When the Department has found an application incomplete,
the applicant shall be notified in writing within 15 days.
G.
The Director may refuse to issue any permit under
this chapter if:
(1)
The applicant has outstanding, unresolved violations,
or is responsible for outstanding, unresolved violations of commonwealth,
federal, or County environmental regulations; or
(2)
The applicant, through past action, has demonstrated
an inability or refusal to comply with commonwealth, federal, or County
environmental regulations; or
(3)
The Director determines that the facility poses an
unreasonable health risk to the residents of Allegheny County.
H.
Upon approval of the application, the Director shall
issue an annual operation permit to the applicant, provided the Director
finds that the bathing place, bathing beach, hot tub, or spa complies
with the standards contained in this chapter, and all other applicable
rules, regulations, and laws of Allegheny County, the United States,
and the commonwealth.
I.
The Department will take action on complete applications
within 30 days of receipt.
J.
All annual operation permits issued under this chapter
are nontransferable.
K.
At least 10 days prior to the sale or transfer of
any facility permitted under this chapter, the Department shall be
notified, in writing, of such contemplated sale or transfer. The Department,
at the request of any party, shall keep such information confidential.
L.
Annual operation permits may be suspended by the Department
at such times when provisions of these rules and regulations are not
adhered to.
M.
The Director may authorize a temporary permit if the provisions of § 845-10 of this chapter are met.
N.
The operation permit, or a facsimile thereof, issued
by this Department or a notice of its availability must be posted
within the physical confines of the facility so as to be readily visible.
O.
Construction permit.
(1)
General requirement. A construction permit shall be
obtained from the Department prior to construction or renovation of
a public bathing place.
(2)
Review of plans and fees for bathing places.
(a)
Plans must be submitted to the Allegheny County
Health Department for approval prior to the issuance of a construction
permit. A plan review fee must be paid before plans will be reviewed
and approved by the Director. Plans shall be drawn to scale and include
capacities for all pipes, pumps, pressure ratings, flow rates, filtration
information, pool size, and disinfection.
(b)
The plan review fee will be determined by the
Director.
(c)
Design plans for public swimming pools shall
comply with Title 34, Labor and Industry, Part XIV, Uniform Construction
Code Chapter 401, Uniform Construction Code Training and Certification
of Code Administrators and the American National Standards for Public
Pools issued by ANSI and NSPI (ANSI/NSPI-12003) and the Public Bathing
Law (35 P.S. §§ 672 through 680d).
(d)
Design plans for public hot tubs and spas shall
comply with Title 34, Labor and Industry, Part XIV, Uniform Construction
Code Chapter 401, Uniform Construction Code Training and Certification
of Code Administrators and the American National Standard for Public
Spas issued by ANSI and NSPI (ANSI/NSPI-2 1999).
The owner or operator of each facility in Allegheny
County required to maintain lifeguards under this regulation shall
annually pay a lifeguard registration fee. All fees required by this
section shall be set forth in a schedule as determined by the Director
upon annual consultation with the Board of Health.
The owner or operator of a bathing place, bathing
beach, hot tub, or spa shall post in a conspicuous location the following
information for the public:
A.
A notice that the following information is available
for the information of the public upon request:
(1)
A copy of the most recent electrical inspection.
(2)
A copy of the most recent bacteriological monitoring
results.
(3)
A copy of the lifeguard certification, first aid certification
and cardiopulmonary resuscitation certification for each lifeguard
employed at the facility.
(4)
A copy of all applicable Material Safety Data Sheets
(MSDS).
(5)
A copy of the bathing place manager or operator certification.
(6)
A copy of this chapter.
B.
Hot tubs and spas shall be posted with signs prohibiting
the use of the hot tub or spa by children under five years of age,
advising women who are pregnant or possibly pregnant of the potential
danger to their fetus from exposure to the high-temperature water
in the spa or hot tub and recommending that they consult their physician
should they wish further information on the use of hot tubs or spas.
C.
All bathing places shall post signs at the pool entrance
stating "Report all incidents involving vomitus, fecal contamination
or unsafe conditions to management immediately."
A.
A lifeguard(s) shall be on duty at the waterside at
all times when a bathing place or bathing beach is used by swimmer(s)
or bather(s) and shall not be assigned other tasks that will divert
their attention from the safety of the swimmer(s) or bather(s).
B.
Each owner and operator of a bathing place and bathing
beach shall develop and maintain on site a written plan detailing
the number of lifeguards to be present at waterside whenever one or
more bathers or swimmers are using the bathing place and bathing beach.
Such plan is based on the surface area of the pool and bather load
and shall meet the following minimum criteria:
(1)
Surface area of 6,000 square feet or less: One lifeguard
for the first 50 bathers and one additional lifeguard for the next
50 bathers; thereafter, a minimum of three lifeguards for 101 bathers
or more.
(2)
Surface area of 6,001 to 13,500 square feet: two lifeguards
for the first 50 bathers and one additional lifeguard for the next
50 bathers or part thereof; one additional lifeguard for each additional
150 bathers or part thereof to a maximum of 400 bathers; thereafter,
a minimum of six lifeguards for 401 bathers or more.
(3)
Surface area of 13,501 to 50,000 square feet: four
lifeguards for the first 100 bathers and one additional lifeguard
for each 150 bathers or part thereof to a maximum of 850 bathers;
thereafter, a minimum of 10 lifeguards for 851 bathers or more; or
four lifeguards for the first 8,000 square feet of surface area and
one additional lifeguard for every additional 3,600 square feet of
surface area or part thereof.
(4)
Surface area of 50,001 square feet or more: five lifeguards
for the first 10,000 square feet and one additional lifeguard for
each additional 12,000 square feet of surface area.
(5)
While performing his/her duties, a lifeguard must
assume the most advantageous position available to observe his/her
assigned sector of coverage. The most advantageous position may be
a lifeguard chair, standing at pool side, or roving so that glare
on the water or any other obstruction may be reduced, thereby enabling
the greatest amount of protection to be provided under the given circumstances.
C.
Qualifications.
(1)
Lifeguards shall be capable swimmers, skilled in lifeguarding
methods evidenced by their possession of a current and valid certificate
or other proof of proficiency of lifeguarding skills from a recognized
agency offering instructions in lifeguarding fields.
(2)
Lifeguards shall have current and valid certifications
in American Red Cross Standard First Aid or its equivalent.
(3)
Lifeguards shall have current and valid certifications
in adult cardiopulmonary resuscitation from the American Red Cross
or equivalent. Effective June 1, 1995, lifeguards shall have current
and valid certifications in adult, child and infant cardiopulmonary
resuscitation from the American Red Cross or equivalent.
D.
Educational, instructional, and competitive use of
public bathing places.
(1)
When a public bathing place or bathing beach is being
used exclusively for elementary, middle, or secondary school curriculum
courses where the school is certified by the Pennsylvania Department
of Education or collegiate/post-secondary curriculum courses, there
shall be at least one instructor present at all times who has:
(a)
A current and valid cardiopulmonary resuscitation
certificate from the American Red Cross or other nationally recognized
certifying agency; and
(b)
A current and valid first aid certificate from
the American Red Cross or its equivalent from a nationally recognized
certifying agency; and
(c)
A current and valid water safety instructor
certificate from the American Red Cross; or aquatic instructor or
aquatic director certificate from the YMCA; or equivalent from a nationally
recognized certifying agency.
(2)
When a public bathing place or bathing beach is being
used exclusively for elementary school, middle school, secondary school,
or collegiate intrascholastic or interscholastic competition, training
or practice or when a public bathing place is being used exclusively
for organized swim team competition, training and practice, the responsible
person shall comply with all lifeguard/water safety requirements,
policies, guidelines or standards of the High School Associations
(NF), National Collegiate Athletic Association (NCAA), National Association
of Intercollegiate Athletics (NAIA), United States Swimming Association,
US Diving, Inc., YMCA, or other nationally recognized governing organization.
(3)
When a public bathing place or bathing beach is being
used exclusively for aquatic instruction under the auspices of the
American Red Cross, YMCA/YWCA, Boy Scouts of America, Girl Scouts
USA, or other nationally recognized organization with written aquatic
safety/lifeguarding policies, guidelines or standards of the respective
national organization.
(4)
When a public bathing place or bathing beach is being used exclusively for aquatic competition, training, practice or instruction other than as specified in Subsection D(1), (2), and (3), one lifeguard shall be present at waterside for each 50 participants in addition to any coaches or instructors in the water.
E.
Bathing places owned and operated by a condominium association or a residential unit owners association, as defined by the PA Uniform Condominium Act, for the exclusive use of residents and their guests, wading pools and spray pools are exempt from the requirements of this Subsection C will apply to condominium and residential owners unit associations if they provide individuals at poolside identified as "lifeguards."
F.
Hotels and motels shall be exempt from this requirement
so long as they maintain liability insurance for any untoward event
that may occur.
H.
In addition to Subsection G, the lifeguard supervisor or some other person will be identified by position title by the pool manager/owner/operator, who will be responsible for the following:
(1)
Educating patrons regarding the rules and regulations
of the facility and enforcing the rules as necessary to maintain a
pleasant and hazard free environment.
(2)
Taking corrective action to eliminate hazardous conditions.
(3)
Developing and implementing emergency action plans.
(4)
Supervising the safety inspection, general care and
cleaning of the facility.
I.
Public bathing places which require more than one
lifeguard on duty while operating must ensure that a lifeguard supervisor
or some other person identified by the pool manager/owner/operator
provides the following:
A.
An agency certifying individuals as lifeguards for
the purpose of this chapter shall have the following elements contained
in the lifeguard course:
(1)
Written training course/instructors manual/course
study/test book.
(2)
Cardiopulmonary resuscitation training.
(3)
First aid certification.
(4)
System for evaluating swimming ability.
(5)
Instruction in lifeguarding methods.
(6)
Instruction in lifeguarding responsibilities and pool
operation.
(7)
Administrative organization for administering testing
and certification.
(8)
Recertification program.
(9)
Instructors certification program and qualifications.
(10)
Agency has an informational retrieval system
to verify certification.
B.
When an agency has submitted sufficient documentation
of course criteria to the satisfaction of the Director, said agency
shall be certified as an approved lifeguard and/or lifesaver training
agency for a period of not more than three years. Certification shall
be renewable upon proper application.
A.
Effective January 1, 1998, no person shall operate
a bathing place, bathing beach, hot tub or spa in Allegheny County
who does not employ the services of a manager registered by the Department
as proficient in the requirements of this chapter.
B.
Any person desiring registration by the Department
shall make written application on forms provided by the Department.
Each application must be accompanied by a filing fee.
C.
Prior to registration by the Department, the person
shall:
(1)
Have successfully completed a course in the management
and operation of a bathing place, bathing beach, hot tub or spa offered
by the National Swimming Pool Foundation, or other course acceptable
to the Director, and show written proof, which must display an expiration
date of five years or less from the date of issue, to that effect;
and
(2)
Have passed a proficiency test offered by the Department
or other proficiency test acceptable to the Director.
D.
The registered bathing place manager shall visit the
bathing place, bathing beach, spa or hot tub each day of use to assure
compliance with the provisions of this chapter. The manager shall
document such daily visits and indicate any actions taken by placing
his/her signature on the daily log sheet or other verifiable record.
E.
Registered bathing place managers shall reapply for
renewal every five years and meet the training and proficiency requirements
of the Department.
F.
Whenever the Director determines that a registered
bathing place manager is responsible for violations of any critical
provisions of the chapter, the Department may suspend or revoke his
or her registration as follows:
G.
All fees required by this section shall be set forth
in a schedule as determined by the Director upon annual consultation
with the Board of Health.
H.
Any other registration, certification or licensure
by the commonwealth or other entity shall not satisfy the requirements
of this section.
I.
Bathing places, bathing beaches, hot tubs and spas
owned and operated by a condominium association or a residential unit
owners association, as defined by the PA Uniform Condominium Act,
for the exclusive use of residents and their guests are exempt from
the requirements of this section.
A.
Water shall be introduced to and withdrawn from a
bathing place, hot tub, or spa so as to provide adequate, uniform
circulation at all times. All bathing places, hot tubs and spas shall
maintain adequate, uniform disinfectant residual at all times.
B.
All bathing places, hot tubs, and spas shall be provided
with a recirculation and filtration system capable of maintaining
bacteriological, chemical, and physical standards established by this
chapter.
C.
Turnover periods.
(1)
The turnover period for wading pools and spray pools
shall be two hours or less.
(2)
The turnover period for hot tubs and spas shall be
30 minutes or less.
(3)
The turnover period for all other bathing places shall
be eight hours or less. Pools constructed after January 1, 2008, shall
have a turnover period of six hours or less.
D.
Overflow facilities shall be provided and water levels
maintained to effectively remove scum, debris, or other floating matter.
The bottom of the bathing place, hot tub, or spa shall be vacuumed
or otherwise cleaned as frequently as necessary to keep the bottom
free of all foreign matter.
All water in a bathing place, hot tub, or spa
shall be sufficiently clear to permit the bottom of the deepest portion
to be readily visible from poolside. Water clarity shall be determined
by meeting one of the following criteria:
A.
A black disk six inches in diameter on white field
placed at that point which is greatest in depth is clearly visible
from the deck around the deep area.
B.
The protective cover over the main drain is clearly
visible from the deck around the deep area. The protective cover over
the main drain shall be painted a contrasting color in relationship
to the color of the pool floor.
A.
Bacteriological. All bathing places, bathing beaches,
hot tubs, and spas shall be maintained in such a manner as to assure
that the bacteriological quality of the water meets or exceeds the
standards established by this Department.
(1)
The water quality in a bathing place, hot tub or spa
shall be determined through the collection and analysis of water samples
for the presence of coliform bacteria and heterotrophic plate counts
in accordance with Standard Methods procedures: Sections 9221A, 9221B,
and 9221C, or 9222A, and 9222B, or 9222C or 9223A and 9223B, for coliform,
and Section 9215 for heterotrophic plate counts. The water in a bathing
place, hot tub or spa shall be considered contaminated when one of
the following conditions exists:
(a)
On initial sampling. Standard: Using any of the Standard Methods described in Subsection A(1) above, a confirmed or verified quantitative result is obtained indicating the presence of greater than one colony-forming unit per 100 mL of water.
(b)
On follow-up sampling. Standard: Using any of the Standard Methods described in Subsection A(1) above, a confirmed or verified quantitative result is obtained indicating the presence of greater than one colony-forming unit per 100 mL of water.
(c)
On multiple consecutive samples, two of any 10 consecutive samples show: Standard: Using any of the Standard Methods described in Subsection A(1) above, a confirmed or verified quantitative result is obtained indicating the presence of greater than one colony-forming unit per 100 mL of water.
(d)
Heterotrophic plate counts must be processed
according to Method 9215 using at least two plates per dilution.
(2)
In addition to the requirements in Subsection A(1), the water quality in a hot tub or spa shall be determined through the collection and analysis of water samples for the presence of either staphylococci or fecal streptococci bacteria. The water in a bathing place, hot tub or spa shall be considered contaminated when one of the following conditions exists:
(a)
Tests for the presence of staphylococci shall
be conducted according to Standard Method 9213B.6 membrane filter
technique, or 9213B.7 modified multiple tube procedure.
[1]
Standard: When the membrane filter or modified
multiple-tube technique is used, test results for the presence of
staphylococci exceeds five colonies per 100 milliliters in any sample.
[2]
Standard: When the membrane filter or modified
multiple tube technique is used, test results for the presence of
staphylococci exceeds two colonies per 100 milliliters in any two
consecutive samples.
[3]
Standard: When the membrane filter test or modified
multiple-tube technique is used, test for the presence of staphylococci
exceeds one colony per 100 milliliters in more than 30% of any series
of samples.
(b)
Tests for the presence of fecal streptococci
shall be conducted according to Standard Method 9230.B or 9230.C and
must meet the following criteria: A minimum sample volume of 50 milliliters
must be tested. Regardless of the sample volume tested, the quantitative
result obtained must be reported as colony forming units per 100 milliliters
of sample. The water in the hot tub or spa shall be considered as
contaminated when one of the following conditions exists:
[1]
Standard: When the membrane filter (9230.C)
or multi-tube fermentation technique (9230.B) is used to analyze the
samples for fecal streptococci, a confirmed or verified result is
obtained indicating that fecal streptococci exceeds 2/100 mL.
(3)
The water quality in a bathing beach shall be determined
through the collection and analysis of water samples for the presence
of fecal coliform bacteria using Standard Methods 9221B/9221E, Fecal
Coliform Procedure, or 9222D, Membrane Filter Procedure, or 9222E,
Delayed incubation Fecal Coliform Procedure. The water must meet the
following laboratory test criteria:
B.
Chemical. All bathing places, bathing beaches, hot
tubs, and spas shall be maintained in such a manner as to assure that
the chemical quality of the water meets or exceeds the standards established
by this Department.
(1)
Bathing places. The pH of the water must be maintained
between 7.2 and 7.8.
(2)
Bathing beaches. The water in bathing beaches shall
be considered to exceed the chemical quality standards when the Department
determines that any substance is being discharged or may be discharged
into the water that is or may be hazardous to the health of persons
using the bathing beach.
(3)
Hot tubs and spas. The pH of the water must be maintained
between 7.2 and 7.8.
C.
Temperature. The temperature of the water in any bathing
place, hot tub or spa shall not exceed 104° F.
Bathing places, hot tubs, and spas must be equipped
with an approved device to provide continuous disinfection to prevent
the growth of pathogenic organisms.
A.
Bathing places.
(1)
Where chlorine gas, calcium hypochlorite, sodium hypochlorite,
or lithium hypochlorite is used for disinfection, the free chlorine
residual in the water in all parts of the facility shall be not less
than 1.0 ppm (mg/l) nor more than 5.0 ppm. The ideal range for free
chlorine is 2.0 ppm to 4.0 ppm. Combined chlorine shall not exceed
0.2 ppm.
(2)
Where bromine is used for disinfection, the total
bromine residual in the water in all parts of the facility shall be
not less that 2.0 ppm (mg/l) nor more than 10 ppm. The ideal range
for total bromine is 4.0 ppm to 6.0 ppm.
(3)
Where iodine is used for disinfection, the total iodine
residual in the water in all parts of the facility shall be not less
than 1.0 ppm (mg/l).
B.
Hot tubs and spas.
(1)
Where chlorine gas, calcium hypochlorite, sodium hypochlorite,
or lithium hypochlorite is used for disinfection, the free chlorine
residual in the water of the hot tub or spa shall be not less than
2.0 ppm (mg/l) nor more than 10.0 ppm. The ideal range of free chlorine
is 3.0 ppm to 5.0 ppm. Combined chlorine shall not exceed 0.5 ppm.
(2)
Where bromine is used for disinfection, the total
bromine residual in the water of the hot tub or spa shall be not less
than 2.0 ppm (mg/l) nor more than 10.0 ppm. The ideal range for total
bromine is 4.0 ppm to 6.0 ppm.
(3)
Where iodine is used for disinfection, the total iodine
residual in the water of the hot tub or spa shall be not less than
2.0 ppm (mg/l) nor more than 10.0 ppm.
(4)
All hot tubs and spas regardless of the standard disinfectant
shall be shocked daily to 5.0 ppm free chlorine, and at least once
each week from 5.0 ppm to 10.0 ppm free chlorine. If the hot tub or
spa is drained daily, the operator is exempt from the requirements
of this subsection.
C.
When cyanuric acid is used as a stabilizer, the concentration
may not exceed 50 ppm in the bathing place, hot tub, or spa.
All bathing places, bathing beaches, hot tubs,
and spas must monitor the water quality in accordance with the criteria
established by this chapter. All monitoring results must be recorded
on forms provided by the Department or the independent laboratory.
A copy of the results must be kept on file for three years by the
pool owner. Any corrective action taken shall be documented in the
appropriate records.
A.
Bathing places.
(1)
Bacteriological quality must be monitored once each week a facility is open for aquatic purposes in accordance with the requirements of § 845-18 of this chapter. All sample analyses must be performed by a laboratory certified by the commonwealth in accordance with the provisions of 25 Pa Code Chapter 109, Safe Drinking Water.
(a)
Swimming pools and wave pools greater than 100,000
gallons in volume shall collect one sample from the shallow end of
each swimming pool and one from the deep end of each swimming pool
12 inches below the surface of the water.
(b)
Swimming pools, wave pools and wading pools
less than or equal to 100,000 gallons in volume shall collect one
sample from the shallow end of the pool 12 inches below the surface
of the water.
(c)
Spray pools shall collect one sample from the
return water prior to the application of the water to the filter if
there is filtration. Spray pools which discharge to waste and do not
recirculate and filter the water are not required to conduct routine
bacteriological monitoring.
(2)
Chemical quality must be monitored as follows:
(a)
Outdoor bathing places shall monitor the free
disinfectant residual (when chlorine is used, the total chlorine must
also be monitored) and pH prior to opening each day and at least once
each two hours the facility is open, except condominium and homeowners'
association pools that do not employ lifeguards are permitted to monitor
at opening, mid-day and evening (three times per day).
(b)
Indoor bathing places shall monitor the free
disinfectant residual (when chlorine is used, the total chlorine must
also be monitored) and pH once each six hours the facility is open.
(c)
When cyanuric acid is used as a stabilizer,
it must be monitored and recorded at least weekly.
B.
Bathing beaches. Bacteriological quality must be monitored daily each day the facility is open for aquatic purposes in accordance with the requirements of § 845-18 of this chapter. All sample analyses must be performed by a laboratory certified by the commonwealth in accordance with the provisions of 25 Pa Code Chapter 109, Safe Drinking Water.
C.
Hot tubs and spas.
(1)
Bacteriological quality must be monitored once each week the facility is open for aquatic purposes in accordance with the requirements of § 845-18 of this chapter unless there is an exceedance of the standards established in § 845-18, in which case the bacteriological quality must be monitored daily until no exceedance has occurred for at least seven consecutive days or the hot tub or spa shall be drained, refilled, and shock chlorinated prior to use. One representative sample must be collected from each hot tub or spa for each monitoring period. All sample analyses must be performed by a laboratory certified by the commonwealth in accordance with the provisions of 24 Pa Code Chapter 109, Safe Drinking Water.
(2)
Chemical quality. Free disinfectant residual (when
chlorine is used, the total chlorine must also be monitored) and pH
must be monitored at least once every hour each hot tub or spa is
open.
(3)
Temperature. The temperature of the water must be
monitored prior to opening each day and once each hour each hot tub
or spa is open.
D.
Special monitoring. The Director may require additional
monitoring to provide information on contamination of the bathing
place, bathing beach, hot tub, or spa where a potential health hazard
may exist in the water and monitoring required by this chapter may
not be adequate to protect the public health.
E.
All disinfectant monitoring shall be performed using
the Palin diethyl-p-phenylenediamine (DPD) test method. Test kits
must be specifically designed for the particular contaminant.
F.
Reporting requirements.
(1)
Copies of the bacteriological monitoring results shall
be submitted to the Department upon request. If the bacteriological
quality criteria are exceeded, the Department must be notified by
telephone within 24 hours of receipt of the laboratory results, and
copies of the results shall be immediately submitted to the Department.
(2)
Copies of the daily operational log shall be submitted
to the Department upon request. These reports shall include all disinfectant,
pH and temperature (if required) monitoring; and the amount of disinfectant
and other chemicals used in the pool operation.
(3)
Any special monitoring required by the Department
will include the reporting requirements for that monitoring.
(4)
The owner or operator of a bathing place, bathing
beach, hot tub or spa shall immediately notify the Department of any
condition that results or will result in the failure to maintain the
physical, chemical or bacteriological water quality set forth in this
chapter. Such conditions shall include but are not limited to the
breakdown or malfunction of required circulation, filtration and disinfection
equipment or systems; on-site release of hazardous materials; or direct
contamination by a broken sewer.
(5)
Reports are not required for time periods when the
facility is not open for aquatic purposes.
Construction, equipment, operation, and maintenance
at all bathing places, bathing beaches, hot tubs, and spas shall be
such as to reduce to a practical minimum the danger of injury to persons
from drowning, falls, collisions, fires, nuisances or hazards of any
kind.
A.
Lifesaving equipment. [The following sections shall apply to all bathing places. However, condominium associations and residential unit owners associations need only comply with Subsection A(1), (2), (3) first aid kit only, and (4).]
(1)
Each bathing place and bathing beach shall be equipped
with one or more reaching devices of at least 10 feet in length. These
devices may include but are not limited to poles, shepherd crooks,
and any reasonable means to extend the person's reach. These devices
shall be placed adjacent to the pool so as to be readily available.
(2)
Each bathing place and bathing beach shall be equipped
with one or more throwing buoys, not more than 24 inches in diameter.
These devices must have at least 30 feet or 1/2 the width of the bathing
place, whichever is greater, of 3/16-inch line attached. Life jackets,
or other flotation devices capable of supporting an adult in water
may be substituted for the required throwing buoys. These devices
must be placed adjacent to the pool and be readily accessible.
(3)
Each bathing place, bathing beach, hot tub, and spa shall be equipped with a first aid kit containing the items in Appendix A[1] filled and readily accessible for emergency use. A backboard
made to the specifications of the American Red Cross or other emergency
medical agency shall be available. The backboard must be equipped
with head and neck immobilizers and restraining straps.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(4)
An operable telephone with a list of emergency telephone
numbers shall be maintained at each facility. Such telephone need
not be located so as to be available at all times to patrons.
(5)
Each bathing place, bathing beach, hot tub, and spa
shall provide nonsterile disposable examination gloves and disposable
resuscitation barriers to be carried by each lifeguard on his/her
person any time he/she is on duty.
(6)
Each bathing place and bathing beach owner or operator
shall provide rescue tubes to each lifeguard at water side.
B.
Disinfectant equipment.
(1)
When gas chlorination equipment is installed, such
equipment shall be housed in a separate room equipped with an exhaust
fan to reduce to a practical minimum the possibility of gas leakage
into other rooms or areas where persons gather. Such room shall be
secured so as to prevent the access of unauthorized persons at all
times. The room shall have an airtight duct beginning near the floor
and terminating at a safe point of discharge to the out-of-doors away
from the pool and deck areas. A louvered air intake shall be provided
near the ceiling opposite the duct or fan. A ventilating fan, capable
of one air change per minute and operated from a switch outside the
door, shall be provided in conjunction with the airtight duct. The
exhaust fan must be in operation whenever chlorine gas is present
in the room, whether or not such gas is contained in a cylinder(s).
The door shall be provided with a shatterproof inspection window,
and shall not be latched from the inside.
(a)
Where gas chlorination equipment is installed,
there shall be provided an emergency escape breathing apparatus (EEBA)
designed for respiratory protection during escape from oxygen-deficient
atmospheres, gases and vapors and of a type approved by the National
Institute of Occupational Safety and Health (NIOSH). The EEBA shall
provide at least a five-minute supply of air. A record shall be kept
of the EEBA usage to ensure that the EEBA will be serviceable when
needed. The EEBA shall be kept in a closed cabinet accessible without
a key and located outside the room in which the chlorinator is maintained.
An EEBA shall not be required when an approved self-contained breathing
apparatus (SCBA) is provided.
(b)
Whenever gas chlorination equipment is installed
and two or more staff are available, entry to the room in which the
chlorinator is located shall be conducted using a buddy system. One
person shall be located on the outside of the room with the EEBA to
maintain surveillance of the person who enters the chlorinator room
and respond to an emergency situation. Such response shall not exceed
the retrieval of a victim and an attempt to close the valve on the
chlorine cylinder. When only one staff is available, the EEBA shall
be carried with him/her whenever he/she enters the room in which the
chlorinator is located.
(c)
Full or empty chlorine cylinders shall be anchored
to the wall or an immovable object.
(d)
A container of commercial 26% Baume'aqua ammonia
or equivalent shall be provided for chlorine gas leak detection. The
container shall provide a mist or vapor to avoid direct contact of
ammonia with equipment and be located on the outside of the chlorinator
room.
(2)
All other types of disinfectant equipment shall be
installed in such a manner as to prevent access by unauthorized persons
at all times. All other disinfection chemicals shall be stored and
used in compliance with recommendations specified by the manufacturer.
(3)
Copies of MSDS sheets for all chemicals must be maintained
in conformity with the requirements of the Federal Superfund Amendments
and Reauthorization Act (SARA).
C.
Diving facilities, starting blocks and slides.
(1)
All one- and three-meter competitive diving facilities
shall conform to standards adopted by the recognized national governing
body for that sport, specifically the National Collegiate Athletic
Association (NCAA) for university/college competition, the National
Federation of State High School Associations (NF) for secondary interscholastic
competition and United States Diving for open competition. Use of
competitive diving boards must be physically restricted during recreational/noncompetitive
use of the bathing place.
(2)
All noncompetitive diving facilities three meters
or less in height above the water surface shall conform to the standards
in Table 1.
|
Table 1
Minimum Dimensions for Pools with Diving
Equipment
| |||||||
|---|---|---|---|---|---|---|---|
|
Diving Area Chart
| |||||||
|
Diving Boards
(feet)
|
Platforms
(feet)
| ||||||
|
Board/Platform Height Over Water
|
Less than 1M
|
1M
|
3M`
|
1M
|
3M
| ||
|
Maximum diving board length – platform
area
|
12
|
16
|
16
|
5 x 16*
|
5 x 16*
| ||
|
D
|
10
|
12
|
13
|
12
|
13
| ||
|
L1
|
3
|
6
|
6
|
5
|
5
| ||
|
L2
|
16
|
20
|
20
|
17
|
20
| ||
|
H
|
16
|
16
|
16
|
10
|
10
| ||
|
From plummet to pool wall at side
|
10
|
12
|
12
|
10
|
10
| ||
|
From plummet to adjacent plummet
|
10
|
12
|
12
|
10
|
10
| ||
|
Figure 1
|
 |
|
Note:
|
|
* Minimum recommended dimensions of the 1M and
3M diving platform by NCAA. Other minimum lengths and widths that
will be accepted are the current Federation Internationale de Natantion
Amateur (FINA) standards and the current United States of America
Diving, Inc. (USA Diving) standards.
|
(3)
All diving boards greater than three meters in height
must be constructed in a separate diving well and not be part of the
general purpose bathing place. Any such diving board, platform and
well shall be constructed to conform with the current standards of
the Federation Internationale de Natantion Amateur (FINA).
(4)
All bathing places which do not have bottom racing
lines but have a diving facility shall place a four- to six-inch wide
stripe of a contrasting color down the longitudinal axis on the center
of the pool. A stripe, four inches to six inches wide of a contrasting
color, shall be placed across the bottom of the pool at the slope
break.
(5)
The use and placement of starting blocks shall comply
with the following:
(a)
The recreational/noncompetitive use of starting
blocks is strictly prohibited. Access to starting blocks shall be
physically restricted during the recreational/noncompetitive use of
a bathing place.
(b)
Starting blocks shall be used only during supervised
swimming competitions and practices.
[1]
For bathing places constructed prior to June
1989, the use of starting blocks for swimming competitions and practices
must comply with standards adopted by a nationally recognized governing
body such as the National Collegiate Athletic Association (NCAA),
United States Swimming, National Federation of State High School Associations
(NF) or equivalent.
[2]
For bathing places constructed after June 1989,
starting blocks shall be so designed and installed that they can be
easily removed from the deck when not being used by competitive swimmers
and shall be located at the deepest end of the racing lane.
(6)
Any area of a bathing place where the water depth
is less than five feet must have the edge of the deck marked with
the phrase "SHALLOW WATER NO DIVING" in at least four-inch letters
every 25 linear feet in a contrasting color. Such markings must be
connected by a horizontal stripe at least four inches in height and
in the same contrasting color. Diving into water less than five feet
deep shall be prohibited in the noncompetitive use of a bathing place.
(7)
All water slides shall conform with the United States
Consumer Product Safety Commission standards contained in 16 CFR Part
1207.
(9)
Bathing places owned and operated by a condominium
association or a residential unit owners association, as defined by
the PA Uniform Condominium Act, constructed after the effective date
of this regulation shall comply with the applicable design standards
of the commonwealth. Prior to construction the owner and/or operator
shall provide to this Department a statement certifying such compliance
bearing the signature and imprint of the seal of a registered professional
engineer or registered architect, legally qualified to practice in
the commonwealth.
D.
Electrical safety.
(1)
All electrical wires, outlets, appliances and devices
shall be designed and installed in accordance with the most recent
version of the National Electrical Code.
(2)
All electrical wiring, where exposed and accessible
to bathers, shall be in rigid conduit or electrical plastic or metal
tubing, and all boxes, fittings, and accessories used in damp or wet
locations shall be so installed and equipped as to prevent the entrance
of water.
(3)
No insulated or uninsulated electrical conductors
or wires shall cross over any portion of a bathing beach or an indoor
or outdoor bathing place, hot tub, or spa except ceiling lighting
of sufficient height above the surface of the water and the deck around
the facility to prevent bathers from contacting the fixtures.
(4)
All metal fences, railings, or other appurtenances
on which a broken electrical conductor or wire might fall shall be
effectively grounded.
(5)
All water and other piping to and from a bathing place,
hot tub, or spa, including inlet and outlet pipes, shall be metallically
bonded together and adequately connected to the same grounding electrode
used to ground the neutral conductor of the electrical system. This
shall be in addition to the grounding requirements for electrical
equipment and circuits as required by the National Electrical Code.
(6)
All electrical equipment and wiring shall be equipped
with ground fault circuit interrupters (GFCI).
(7)
All pumps, filters, other mechanical and electrical
equipment shall be enclosed in such a manner as to be accessible only
to authorized persons.
(8)
Electrical installations at all bathing places, bathing
beaches, hot tubs, or spas and any future additions or modifications
to such installations, prior to being placed in service and every
three years thereafter, shall be inspected and approved in accordance
with this chapter and the National Electrical Code by an electrical
inspection agency acceptable to the Director and evidence in duplicate
of the inspection and the results thereof forwarded to this Department.
(9)
All facilities must be maintained in conformance with
the requirements of the National Electrical Code.
E.
Wading and spray pools shall be separated from a swimming
pool or bathing beach by an effective barrier or fence with a self-latching,
self-closing gate which restricts young children from entering the
main swimming pool or bathing beach area without the barrier posing
a threat of injury to the child. If the wading pool or spray pool
is separated from the main swimming pool or bathing beach by a distance
of at least 15 feet, such barrier shall not be required. However,
the wading pool or spray pool shall be located adjacent to the shallowest
area of the swimming pool or bathing beach. No obstructions, such
as raised drains, steps, drinking fountains, or concrete structures,
which may pose a threat of injury to a child shall be placed in a
wading pool or spray pool area. Bathing places constructed prior to
June 1989 shall comply with the provisions of this section, except
that adult supervision, not necessarily a lifeguard, of the wading
or spray pool may be provided in lieu of a fence with a self-latching,
self-closing gate.
F.
Main drain protection.
(1)
All main drain outlets in bathing places shall be
covered by a grating that cannot be easily removed by bathers, will
not pose a tripping hazard and is designed to prevent entrapment.
Outlet openings of the grating shall be at least four times the area
of the discharge pipe. The maximum width of grate openings shall not
exceed one inch. If only one main drain is provided, it shall be the
anti-vortex type.
(2)
All outlets/drains under suction in a hot tub or spa
shall be designed to guard against hair and body entrapment.
G.
Depth markings.
(1)
Every bathing place shall have depth markers at least
four inches in height and of a contrasting color on the vertical wall
of the pool above the water surface and on the edge of the deck spaced
at not more than 25 feet apart except in the shallow end of the pool
where the water is less than five feet in depth. In the shallow end
of the pool, the depth makings must be located, at minimum, at the
shallow end entry point of the pool, at the five-foot depth and a
point halfway between those two points. Pools constructed prior to
January 2008 shall be exempt from the halfway marking requirement
in the shallow end. Pools undergoing major reconstruction shall be
required to be in compliance with the most current revision of this
chapter. Markings shall be on both sides and ends of the pool. Where
depth markings cannot be placed on the vertical walls of the pool
above the water level, other means shall be used so that the markings
will be plainly visible.
(2)
Depth markings shall be indicated in feet and inches,
and may also be indicated in meter depths if desired. Depth markings
shall be shown in numerals, and the units of depth shall be indicated
as follows. (a) Feet or Ft.; (b) Inches or In.; (c) Meters or M.;
No other depth designations are acceptable.
A.
The common use of drinking cups, towels, hair brushes
or other toilet articles shall be prohibited.
B.
No person with signs of illness or disease or with
skin rashes or sores may enter a bathing place, bathing beach, hot
tub or spa, except when certified by a physician not to have a disease
in a communicable stage.
C.
Bathing suits and towels furnished to bathers shall
be thoroughly cleaned and dried each time they are used in such a
manner as to preclude the transmission of disease and shall be stored
in a clean and sanitary manner.
D.
The owner or operator of every bathing place, bathing
beach, hot tub, or spa shall provide single-use hand towels or hand
dryers and soap dispensers with soap at the hand wash sinks, and toilet
paper in each locker room and/or restroom.
E.
The locker rooms, lavatories, restrooms, dressing
rooms and all other areas of the facility shall be maintained in a
clean, safe and sanitary condition.
Where food service is provided, the food service
facilities and operation shall comply with the provisions of Article
III, Food Safety, of this Department's rules and regulations.[1]
All sewage systems serving bathing places, bathing
beaches, hot tubs, or spas shall conform to the Sewage Facilities
Act, the Act of January 24, 1966 (1965), P.L. 1535, No. 537, 35 P.S.
§§ 750.1 et seq., the Clean Streams Law, the Act of
June 22, 1937, P.L. 1987, No. 394, 35 P.S. §§ 691.1
et seq. 25 Pa Code, Chapters 71, 72 and 73, and Article XIV, Sewage
Management[1], and Article XV, Plumbing and Building Drainage[2] of this Department's rules and regulations.
All bathing places, bathing beaches, hot tubs,
and spas shall be constructed and maintained in such a manner as to
prevent the harborage, breeding, or feeding of rodents, insects, and
other animal pests.
A.
All areas of all bathing places, bathing beaches,
hot tubs, and spas, including all storage areas, shall be maintained
in such manner as to prevent public health hazards and environmental
pollution from municipal waste.
B.
All municipal waste, refuse and garbage shall be stored,
transported and disposed in accordance with the provisions of Article
VIII; Solid Waste and Recycling Management, of this Department's rules
and regulations.
A.
Every owner, every manager and every operator of a
bathing place, bathing beach, hot tub, and spa shall develop a security
plan. Such plan shall include measures designed to prohibit access
to the facility by unauthorized persons during nonoperating hours
and detailed procedures to assure that all unauthorized persons have
been excluded from the facility prior to the certified lifeguard(s)
leaving at the end of operating hours.
B.
All outdoor bathing places, hot tubs and spas shall
have a means of being physically closed to users during periods when
supervision is not provided and must be completely surrounded by a
fence or wall designed to prevent entrance during periods of closure.
The fence or wall shall not be less than four feet in height above
the adjacent ground surface and in certain situations (i.e., anticipated
problems with swimming when the pool is closed and located in an area
where people gather) a fence or wall of greater height is desirable.
All entrances to the pool shall be provided with a self-closing and
self-latching gate with a lock. Indoor pools, located in a room which
may be used for activities unrelated to the pool, shall also be surrounded
by a fence or wall similar to that required to secure an outdoor pool.
A.
Every operator and owner of any bathing place, bathing
beach, hot tub, spa, or other facility covered by this chapter shall
report all injuries requiring medical treatment which were sustained
by any person using said facilities. Medical treatment includes treatment
administered by physicians, hospital staff, and emergency medical
personnel. Such reports shall be made to the Department within one
week of occurrence on forms provided by the Department. Information
on the victim, type of injury, treatment, outcome and injury circumstances
shall be designated on the Department's report form. Injuries such
as drowning, an event requiring resuscitation, head or spinal injuries,
or poisoning or asphyxiation from gaseous or solid disinfectants shall
be reported to the Department by telephone immediately.
B.
Every operator and owner of any bathing place, bathing
beach, hot tub, spa, or other facility covered by this chapter shall
report every occurrence or suspected occurrence of human Giardiasis,
Cryptosporidosis, Pseudomonas aeruginosa dermatitis or folliculitis,
Staphylococcus aureus infection, Legionella pneumophila infection,
Mycobacterium spp. infection or Acanthamoeba keratitis associated
with or suspected of being associated with an exposure at a bathing
place, bathing beach, hot tub, spa, therapeutic swimming pool, or
whirlpool to the Department along with all information deemed necessary
by the Department within 48 hours of becoming aware of the occurrence
or suspected occurrence.
All bathing places, bathing beaches, hot tubs,
spas, therapeutic swimming pools, and whirlpools shall be constructed,
maintained and operated in accordance with the requirements of the
Public Bathing Law, the Act of June 23, 1931, P.L. 899, No. 299, as
amended, 35 P.S. § 672 et seq. where the Act is not preempted
by Act 45, the Uniform Construction Code Act, relating to swimming
and bathing places unless more stringent requirements are imposed
by this chapter.
Should any section, paragraph, sentence, clause,
or phrase of this chapter be declared unconstitutional or invalid
for any reason, the remainder of said chapter shall not be affected
thereby.
A.
Summary offenses. Any person who violates any of the
provisions of this chapter or any rule or regulation of the Allegheny
County Department of Health, or who interferes with the Director or
any other agent of the Department of Health in the discharge of their
official duties, shall, for the first offense, upon conviction thereof
in a summary proceeding before any alderman, magistrate or justice
of the peace of Allegheny County, or before any police magistrate
if such offense be committed in a city of the second class, be sentenced
to pay the costs of prosecution and a fine of not less than $30 nor
more than $300 and, in default thereof, to undergo imprisonment of
not less than 10 days nor more than 30 days.
B.
Misdemeanors. Any person who violates any of the provisions
of this chapter or any rule or regulation of the Allegheny County
Department of Health, or who interferes with the Director or any other
agent of the Department of Health, in the discharge of their official
duties, convicted of a second or subsequent offense shall be guilty
of a misdemeanor and shall, upon conviction thereof, be sentenced
to pay a fine of not less than $500 nor more than $1,000 or to undergo
imprisonment not exceeding one year, or both.
C.
Separate offenses. For the purpose of this section,
violations on separate days shall be considered separate offenses.
Each violation of any separate subsection or section of this chapter
shall constitute a separate offense.
This chapter shall become effective May 15,
1993. Upon the effective date of this chapter, the existing Article
IX, Lifeguards, effective May 1, 1983, as amended, is hereby repealed
and superseded by this chapter. This document includes all amendments
through July 1, 2008.
