[Amended 1-22-1996 by Ord. No. 562]
The following words and terms, when used in
this chapter, shall have the following meanings, unless the context
clearly indicates otherwise:
AIR GAP
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.
BACKFLOW
The flow of water or other liquids, mixtures or substances
into the distributing pipes of a potable supply of water from any
source or sources other than the approved source.
CONTAMINATION
Any physical, chemical or biological substance present in the pool water which may adversely affect the health or safety of the bather. Swimming pool or wading pool contamination shall exist when at least one of the conditions set forth in §
67-5G hereof exists. Spa pool contamination shall exist when at least one of the conditions set forth in §
67-13F hereof exists.
CROSS-CONNECTION
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.
DEPARTMENT
Middletown Township, Delaware County, Pennsylvania, Department
of Health.
DEP
The Pennsylvania Department of Environmental Protection.
GARBAGE
All putrescible wastes, except sewage and body waste, including
animal and vegetable offal.
LIFEGUARD
A person appointed by the owner, operator or manager of a
public bathing place to maintain surveillance over the bathers on
the deck or in the pool at a public bathing place and to supervise
bather safety. The lifeguard shall meet the training requirements
of this chapter.
OWNER
Any person having a legal or equitable interest in a public
bathing place and who or which is responsible for the continual operation
and maintenance of such facility in accordance with the terms of this
chapter.
PERSON
Any individual, agent, firm, partnership, association, corporation
or other entity.
PUBLIC BATHING PLACE
A.
Any outdoor or indoor place open to the public
used for amateur, professional or recreative swimming, bathing or
relaxation, including a swimming pool, spa pool or wading pool, whether
or not a fee is charged for admission or for the use of such place
or any part thereof. A public bathing place shall not include a place
used for swimming, bathing or relaxation at a private, single-family
residence which is used solely by the owner of the residence, the
owner's family and their personal guests. Except with respect to the
regulation of water supply and content, hygiene, plumbing, electrical
facilities and safety equipment, a public bathing place shall not
include a swimming pool, spa pool, wading pool, lake or pond owned,
operated and maintained for the exclusive use and enjoyment of residents
of a condominium or cooperative, members of a property owners' association,
the personal guests of such residents or members or the residents
or guests of a lifecare retirement community, provided that, with
respect to a lifecare retirement community, the following conditions
are imposed upon the use of the swimming pool, spa pool, wading pool,
lake or pond (collectively, the pool facilities) by the owners or
operators thereof:
(1)
Each user of the pool facilities must be in
receipt of a physician's release prior to his or her first use of
the pool facilities, which release shall be required at least annually.
(2)
All residents must attend an orientation session
to acquaint them with the pool facilities.
(3)
No persons under the age of 18 shall be permitted
to use the pool facilities.
(4)
No person shall be permitted to use the pool
facilities without at least one other person present.
(5)
The pool facilities must be continuously monitored
by competent personnel electronically or otherwise at two separate
locations whenever the pool facilities are in use. One of the locations
in which the monitoring will take place must be in reasonably close
proximity to the pool facilities. Monitoring must be conducted in
such a manner so as to permit activities within the pool facilities
to be both visible and audible.
(6)
All users of the pool facilities must register
their use both before and after using the pool facilities and must
inform the person manning at least one of the monitoring locations
of the intended use of the pool facilities. The pool facilities may
not be used unless the monitoring locations are manned.
(7)
The pool facilities should be limited in terms
of hours of operation.
(8)
All guests using the pool facilities must be
accompanied at all times by a resident.
(9)
The pool facilities shall not contain more than
four feet of water.
(10)
Individuals under the influence of alcohol or
drugs shall not be permitted to use the pool facilities.
(11)
Glass, pets, smoking and the consumption of
alcoholic beverages shall be prohibited within the pool facilities.
(12)
Diving shall be prohibited within the pool facilities.
(13)
All personnel manning the monitoring locations
must be trained and certified in cardiopulmonary resuscitation ("CPR")
and trained in first aid.
B.
The Health Officer of the Township is hereby
given the power and charged with the responsibility to monitor all
of the foregoing, to wit: the method, means and operation of all of
the foregoing.
C.
The standards set forth in this definition must be met in all lifecare retirement communities which do not have a lifeguard as required by §
67-6A of this chapter. Failure to comply with the standards set forth in this definition by such a community shall constitute a violation of this chapter by the owner or operator of the pool facilities, but not by any user thereof.
REFUSE
All nonputrescible wastes generally regarded and classified
as rubbish, trash, junk and similar designations which have been rejected
by the owner or possessor thereof as useless or worthless.
SEWAGE
Any substance which contains any of the waste products or
excrements or other discharges from the bodies of human beings or
animals and any noxious or deleterious substance being harmful or
inimical to the public health or to animal or aquatic life or to the
use of water for domestic water supply or for recreation.
SEWERAGE SYSTEM
Any community or individual system, whether publicly or privately
owned, for the collection and disposal of sewage or industrial wastes
of a liquid nature, or both, including various devices for the treatment
of such sewage or industrial wastes.
SOURCE
A well, spring, cistern, infiltration gallery, stream, reservoir,
pond or lake from which, by any means, water is taken either intermittently
or continuously for use by the public.
SPA POOL
Any whirlpool, hot tub or similar device other than a residential
whirlpool, spa or hot tub, which is designed for relaxation or recreational
use where the user is sitting, reclining or at rest and the pool is
not drained, cleaned or refilled after each use. A spa pool may include,
but not be limited to, hydrojet circulation, hot water, cold water,
mineral baths or air induction bubbles in any combination. A spa pool
may be an individual unit or may be integrated into a larger swimming
pool or bathing pool. A spa pool may, depending on its size, accommodate
one or more persons.
SWIMMING POOL
Any structure, basin, chamber or tank containing an artificial
body of water for swimming, diving, relaxation or recreational bathing
and having a depth of two feet or more at any point and including
all associated facilities, but excluding spa pools.
TURNOVER PERIOD
The number of hours required to completely replenish the
water in a pool or to recirculate a quantity of water equal to the
capacity of the pool.
WADING POOL
Any artificial pool of water less than two feet deep and
intended to be used for wading purposes.
WATERS OF THE COMMONWEALTH
All rivers, streams, creeks, rivulets, lakes, dammed water,
ponds, springs and all other bodies of surface and underground water,
or parts thereof, whether natural or artificial, within or on the
boundaries of the Commonwealth of Pennsylvania.
WATER SUPPLY
A source or sources of water, as well as any and all water
treatment, storage, transmission and distribution facilities.
[Amended 1-22-1996 by Ord. No. 562]
A. Number of lifeguards. One or more competent, certified lifeguards in adequate number shall be on duty at the waterside at all times the public bathing place is open to use by bathers or swimmers, and such lifeguard(s) shall not be assigned other tasks that would divert their attention from the safety of the bather or swimmer. When there is no certified lifeguard present or when the pool is closed for the day, the pool shall be secured to prevent unauthorized access and use. The provisions of this subsection shall not apply to lifecare retirement communities when the standards set forth in the definition of "public bathing place" in §
67-1 have been satisfied.
B. Qualifications of lifeguards. Lifeguards shall be
capable swimmers, skilled in lifesaving methods and in methods of
artificial resuscitation as evidenced by their possession of a currently
valid certificate or other proof of proficiency from the American
Red Cross, the YMCA, YWCA or other recognized training agency acceptable
to the Department.
C. Lifesaving equipment. The following emergency equipment
shall be provided and shall be readily accessible for use at each
public bathing place:
(1) Telephone at pool side with a list of emergency medical
and service response numbers prominently displayed.
(2) Standard, filled twenty-four-unit first-aid kit.
(4) Backboard with means to secure victim to board and
provide immobilization of head, neck and back.
(5) One or more reaching devices which may include but
not be limited to poles, ropes and any reasonable means to extend
a person's reach.
(6) One or more flotation devices which may include buoys,
life jackets or any flotation device that can support an adult in
water.
D. Gas chlorination. Where gas chlorination equipment
is installed at either outdoor or indoor pools, the equipment shall
be housed in a separate room equipped with proper ventilation and
all safety devices as required and approved by the Department. All
facilities using chlorine gas as a disinfectant shall be required
to have a gas mask approved for use in chlorine disinfection with
at least one backup canister or an approved self-contained breathing
apparatus unit. This equipment shall be stored in an area separate
from the chlorine gas.
Electrical installations and modifications to
existing electrical facilities at or to any public bathing place shall
be performed in conformance with provisions of the Middletown Township
Electrical Code. Electrical installations at all public bathing places
and any additions or modifications to such installations prior to
being placed in service and every three years thereafter shall be
inspected and approved by an electrical inspection agency approved
by the Township. Evidence of such approval by the electrical inspection
agency shall be filed with the Department by the owner.
The owner of a public bathing place shall provide
for the storage and collection of all garbage and refuse, which collection
shall be conducted in a sanitary manner and as often as necessary
in order to prevent a health hazard or public nuisance.
A. Storage. All garbage and refuse containing food wastes
shall, prior to disposal, be kept in leakproof, nonabsorbent, rust
and corrosion-resistant containers of adequate number, which shall
be kept covered with tight-fitting lids when filled or stored or not
in continuous use. Any other manner of garbage and refuse storage
may be used if approved by the Department. All other garbage and refuse
shall be stored in containers, rooms or areas of sufficient numbers
and size in a manner so as to prevent arthropod or rodent problems
and other nuisances.
B. Cleaning of area. Adequate cleaning facilities shall
be provided, and each container, room or area shall be thoroughly
cleaned after each emptying or removal of garbage and refuse.