[HISTORY: Adopted by the Township Council of the Township of Middletown 1-13-1992 by Ord. No. 500 (Ch. XI, Art 2, of the 1976 Ordinance Book). Amendments noted where applicable.]
GENERAL REFERENCES
Construction codes — See Ch. 89.
Food establishments — See Ch. 127.
Sewers — See Ch. 180.
Solid waste — See Ch. 192.
Subdivision and land development — See Ch. 210.
Water — See Ch. 242.
Zoning — See Ch. 275.
[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.
A. 
Approval of plans. Any person who plans to construct, install or alter an existing public bathing place must submit plans to the DEP and the Department prior to such construction, installation or alteration. No construction, installation or alteration shall begin until approval of the proposed plans has been received in writing from the Department.
B. 
Content of plans. Such plans shall include:
(1) 
Maps, drawings, specifications and descriptions of the public bathing place and its appurtenances and operations.
(2) 
Descriptions of the source or sources of water supply, amount of chemical content and quality of water available and intended to be used.
(3) 
Descriptions of the method and manner of water purification, treatment, disinfection, heating, regulation and cleaning.
(4) 
Descriptions of measures employed to ensure installation of necessary lavatories and dressing rooms and description of the method and manner of washing, disinfecting, drying and storing bathing apparel and towels.
(5) 
All other information required by DEP rules and regulations or by the Department.
A. 
Application for license. Every owner shall be required annually to file an application and secure a license from the Department to operate his, her or its public bathing place. Such application shall include the name, address and telephone number of the owner, the address of the public bathing place and any other information requested by the Department. The application shall also be accompanied by the required annual inspection fee and a copy of a valid, current permit issued by DEP for the operation of the public bathing place. Owners shall not operate a public bathing place or permit a public bathing place to be operated within Middletown Township except in compliance with the provisions of this chapter. The Department may refuse to issue a license or license renewal if the public bathing place or facilities and/or equipment therein do not meet the requirements of this chapter or any other applicable laws, ordinances or regulations.
B. 
Change in ownership. When there is a change in ownership of a public bathing place, the new owner shall be required to file an application and secure a new license from the Department as required in Subsection A hereof. Licenses shall not be transferable.
C. 
Posting. The license issued by the Department hereunder shall be posted in a conspicuous place accessible to patrons and approved by the Department.
D. 
Inspection fee and license period. An annual inspection fee shall be paid by the owner by January 1 of each calendar year at the time of application. Any license issued hereunder shall be for a period of one year commencing on January 1 of each year and expiring on December 31 of the same year, subject, however, to the right of the Department to revoke or suspend any such license pursuant to Subsection E hereof. The license fee shall be as follows:
(1) 
Swimming pools or wading pools (per complex): $150.
(2) 
Spa pools (each): $75.
E. 
Revocation of license. If the owner fails to comply with any provision of this chapter and such failure in the opinion of the Township or the Department endangers the life, safety or health of the users of the public bathing place, the Department may suspend or revoke the owner's license.
F. 
Applicable laws, ordinances and regulations. All provisions and requirements herein shall be in addition to any and all other provisions and requirements set forth in any and all other applicable federal, state or local laws, ordinances or regulations, including, but not limited to, Chapter 275, Zoning, Chapter 210, Subdivision and Land Development, the Middletown Township Building Code and Plumbing Code[1] and Chapter 127, Food Establishments, Chapter 192, Solid Waste, Chapter 180, Sewers, and Chapter 242, Water. Nothing herein shall be construed to limit, replace or obviate the need to comply with any other such applicable law, ordinance or regulation. To the extent that any provision herein is inconsistent with any other applicable Township ordinance or regulation, the provision herein shall control unless the other applicable Township ordinance or regulation is stricter than the provision herein, in which case the other ordinance or regulation shall control.
[1]
Editor's Note: See Ch. 89, Construction Codes, Art. II, Building Standards, and Art. III, Plumbing Standards.
G. 
Appeals. Any person aggrieved by the actions or determinations of the Department shall have the right to a hearing before the Township Council. The aggrieved party and/or his duly authorized attorney or agent may, within 10 days after such action or determination by the Department, take an appeal therefrom to the Township Council. Any such appeal shall be in writing, shall state the action or determination of the Department being appealed from and the reasons for the exception taken thereto, shall be verified by affidavit and shall be filed with the Township Manager. The person appealing shall have the right to appear and be heard if such a desire is stated in the written appeal. A prompt decision of such appeal shall be made by the Township Council and shall be duly recorded with the minutes of the Township.
A. 
Violations. Failure by the owner to secure a license as required by this chapter, operation without a license, operation after suspension or revocation of a license or the failure to comply with any provision of this chapter or any other law or regulation applicable to such public bathing place, shall constitute a violation of this chapter. When written notice of a violation of this chapter has been served upon the owner, such violation shall be promptly corrected as required by such notice.
B. 
Penalties. Any person who shall violate any provision of this chapter shall be guilty of a summary offense and upon conviction thereof shall pay a fine to Middletown Township of not less than $25 nor more than $500, plus costs of prosecution and/or shall be imprisoned in the Delaware County jail for a period not exceeding six months. Each day during which any violation of this chapter continues shall constitute a separate offense and shall be punishable as such.
A. 
Water quality generally. The water used in all public bathing places other than spa pools shall meet the bacteriological, chemical, physical and radiological standards of DEP and this chapter.
B. 
Circulation. Water shall be introduced to and withdrawn from the pool so as to provide uniform circulation and uniform disinfectant residual throughout the entire pool.
C. 
Recirculation and filtration. All pools shall be provided with a recirculation and filtration system except where there is a flow of water of the quality and quantity through the pool which at all times conforms to the provisions of this chapter.
D. 
Turnover period. The turnover period for wading pools shall be no more than two hours, but in no case shall the turnover period for other types of pools be more than eight hours.
E. 
Clarity of the pool. All water in the pool shall be sufficiently clear to permit a black disc, six inches in diameter on a white field, when placed on the bottom of the pool at the deepest point, to be clearly visible from the runway or deck around the deep area of the pool.
F. 
Overflow facilities. Overflow facilities shall be provided and water levels in the pool maintained to effectively remove scum, debris or other floating matter.
G. 
Swimming pool and wading pool contamination. The water in a swimming pool or wading pool shall be considered contaminated when one of the following conditions exists:
(1) 
More than one ten-milliliter portion of any sample shows a positive test for coliform organisms when multitube fermentation technique is used or more than one coliform per fifty-milliliter portion when the membrane filter test is used.
(2) 
Two consecutive samples show a positive test for coliform organisms in any ten-milliliter portion of any sample when the multitube fermentation technique is used or more than one coliform per fifty-milliliter portion when the membrane filter test is used.
(3) 
Two of any 10 consecutive samples show a positive test for coliform organisms in any of the ten-milliliter portions of any sample when the multitube fermentation technique is used or more than one coliform per fifty-milliliter portion when the membrane filter test is used.
H. 
Disinfection of pool water. Where chlorine or a hypochlorite compound is used for disinfection, the free chlorine residual in the water in all parts of the pool when in use shall be not less than 1.0 parts per million and the pH value of the water shall be not less than 7.2 and not more than 8.0. Other disinfecting materials or methods may be used if approved by the Department.
I. 
Testing kits and procedures. Testing of pool water shall be performed and records kept in accordance with the following regulations:
(1) 
Accurate testing kits for making readings of residual disinfection and pH shall be provided by the owner.
(a) 
Before opening for the day's activity and when the pool is in use, tests for disinfectant residuals and pH shall be made as follows:
[1] 
Outdoor pools: immediately before opening and every hour when open.
[2] 
Indoor pools: immediately before opening and every two hours when open.
(b) 
The results of these tests shall be recorded on forms satisfactory to the Department and shall be readily available at the pool side for inspection at any time.
(2) 
The owner or operator shall be responsible for the collection and examination of samples for the purity of the water used for swimming or bathing, and such samples shall be examined by a laboratory in compliance with Subsection J.
(3) 
A total coliform bacteriological analysis shall be made at least once each week of a sample collected during the period of maximum use of the public bathing place. Additional analyses of additional samples shall be furnished by the licensee upon request by the Department.
(4) 
Copies of the reports of analyses described herein shall be maintained by the licensee for at least two years and made available to the Department upon request.
J. 
Laboratory testing. Tests of pool water shall be performed by laboratories certified by DEP for microbiological examinations. Conformity of the laboratory and the pool water to DEP standards for laboratory certification and standards for safe and sanitary pool water, respectively, shall be evidenced by a statement from the laboratory to such effect. Upon notification by the laboratory that pool water does not meet the standards for safe and sanitary swimming pool water, the pool shall be immediately closed to the public until the problem has been corrected. The Department shall be notified by the owner or operator when this occurs. Notification of the Department shall be documented on the daily records described below indicating the corrective measures taken.
K. 
Records of tests. Daily records of tests and of the operation of the public bathing place shall be kept on forms satisfactory to the Department and copies thereof shall be filed with the Department monthly or more often if required by the Department.
[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.
(3) 
Blankets.
(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.
A. 
General. The common use of drinking cups, towels, hair brushes or other toilet articles shall be prohibited.
B. 
Employee health. No person having a disease in a stage which is communicable shall be employed at a public bathing place. No employee of a public bathing place who contracts a communicable disease may continue to work in a public bathing place.
C. 
Bather health. Persons with signs of illness or disease or with skin rashes or sores or with bandages shall be excluded from public bathing places except where certified by a physician not to have a disease in a communicable stage.
D. 
Bathing suits and towels. 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.
E. 
Food. Where food service is provided, the food service facilities and operations shall comply with the provisions set forth Chapter 127, Food Establishments.
F. 
Water. Each owner shall provide drinking water facilities at the owner's public bathing places and shall ensure that water used for drinking, food preparation, cleaning or personal hygiene at such public bathing places is provided from a supply approved by DEP.
A. 
Requirement. Adequate bather preparation facilities shall be available to all users of the public bathing place.
B. 
Dressing and toilet facilities. Bather preparation facilities shall be provided with separate dressing facilities, showers, lavatories, toilets and appurtenances for each sex.
C. 
Construction and sanitation. Bather preparation facilities shall be designed and constructed so that good sanitation can be maintained throughout the building at all times and so that injury to the bather is reduced to a minimum.
D. 
Walls and floors. Interior walls and floors shall be easily cleanable and the floors drained to prevent standing water.
E. 
Lighting. Sufficient lighting shall be provided to promote cleanliness and safety.
F. 
Ventilation and heating. Adequate ventilation and heating shall be provided for the comfort of the bather.
A. 
Plumbing. All plumbing connections and modifications to existing plumbing facilities at or to any public bathing place shall be performed in conformance with the provisions of Chapter 89, Construction Codes, Article III, Plumbing Standards. Plumbing shall be so sized, installed and maintained as to carry adequate quantities of water to required locations throughout the public bathing place, to prevent contamination of the water supply, to properly convey sewage and liquid wastes from the public bathing place to the sewerage or sewage disposal system and to prevent the creation of an unsanitary condition or nuisance.
B. 
Cross-connections. Cross-connections shall not be permitted. A cross-connection shall be considered broken where a minimum air gap of at least twice the diameter of the water pipe is provided where potable water enters the pool and where pool water or water from the recirculation system is discharged to a sewer system.
C. 
Backflow prevention. Backflow shall not be permitted. A potable water distributing pipe shall be considered as protected against backflow from any plumbing fixture or other piece of equipment or from any appliance capable of affecting the quality of the water in the potable water supply where an air gap of at least twice the diameter of the water supply pipe has been provided. Where it is not practical to provide such minimum air gap, the connection to the fixture, equipment or appliance shall be equipped with a backflow preventer assembly of a type and at a location approved by the Township.
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.[1] 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.
[1]
Editor's Note: See Ch. 89, Construction Codes, Art. I, Adoption of Standards.
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.
A. 
Vector control. Adequate measures for the control of arthropods and rodents which the Department deems a public health hazard shall be taken in a manner satisfactory to the Department.
B. 
Sewage disposal. All sewerage systems serving public bathing places shall be subject to all applicable federal, state, Township and DEP laws and regulations. Any discharge of filter backwash and other pool wastewater into the waters of the commonwealth shall be approved in the DEP permit.
C. 
Reporting death, injury or illness. Each owner or operator shall:
(1) 
Notify the Department within 24 hours of a drowning, near drowning, death or serious injury occurring at the public bathing place.
(2) 
Immediately notify the Department of any incident creating a potential problem of health or safety significance.
D. 
Public bathing places not in use. The owners of all public bathing places not in use shall maintain one of the following conditions:
(1) 
Facilities shall be locked and secured at all times to prevent uncontrolled access.
(2) 
Facilities which are abandoned shall be filled with material, subject to the approval of Middletown Township.
A. 
Operation. The owner or person responsible for the operation (operator) of a spa pool shall be knowledgeable in the operation of the equipment, procedures for performing the necessary water quality tests and safety checks required by this chapter and appropriate emergency procedures. The owner shall make available to each employee or person responsible for the operation of the spa pool a written manual on the operation of and normal maintenance procedures for the spa pool, and the operator shall be responsible for disinfectant and water treatment operations. Unauthorized persons shall not attempt disinfectant and water treatment.
B. 
Water quality generally. The water used in all spa pools shall meet the bacteriological, chemical, physical and radiological standards of DEP and this chapter.
C. 
Circulation. Water shall be introduced to and withdrawn from the pool so as to provide uniform circulation and uniform disinfectant residual throughout the entire spa pool.
D. 
Recirculation and filtration. Spa pools shall be provided with a recirculation and filtration system except where there is a flow of water of the quality and quantity through the spa pool which at all times conforms to the provisions of this chapter.
E. 
Clarity of the pool. All water in the spa pool shall be sufficiently clear to permit a black disc, six inches in diameter on a white field, when placed on the bottom of the pool at the deepest point, to be clearly visible.
F. 
Spa pool contamination. The water in a spa pool shall be considered contaminated when one of the following conditions exists:
(1) 
More than one ten-milliliter portion of any sample shows a positive test for coliform organisms when multitube fermentation technique is used or more than one coliform per fifty-milliliter portion when the membrane filter test is used.
(2) 
Two consecutive samples show a positive test for coliform organisms in any ten-milliliter portion of any sample when the multitube fermentation technique is used or more than one coliform per fifty-milliliter portion when the membrane filter test is used.
(3) 
Two of any 10 consecutive samples show a positive test for coliform organisms in any of the ten-milliliter portions of any sample when the multitube fermentation technique is used or more than one coliform per fifty-milliliter portion when the membrane filter test is used.
G. 
Laboratory testing. Tests of water shall be performed by a laboratory certified by DEP for microbiological testing. Conformity of the laboratory and the pool water to DEP standards for laboratory certification and standards for safe and sanitary pool water, respectively, shall be evidenced by a statement from the laboratory to such effect. Upon notification by the laboratory that water does not meet standards for safe and sanitary pool water, the spa pool shall be immediately closed to the public until the problem has been corrected and the owner or operator shall immediately notify the Department of the lab results and the spa pool closure. Notification of the Department shall be documented on the daily records described below indicating the corrective measures taken.
H. 
Records of tests. Daily records of tests and of the operation of the public bathing place shall be kept on forms satisfactory to the Department, and copies thereof shall be filed with the Department monthly or more often if required by the Department.
I. 
Turnover period. Spa pools must be capable of minimum turnover rates of 30 minutes.
J. 
Cleaning and refilling. Spa pools shall be emptied and cleaned as often as necessary. The necessity of emptying and cleaning will be directly related to the length of time the pool is in operation and the number of people using it.
K. 
Disinfection of pool water. When chlorine or a hypochlorite compound is used for disinfection, the free chlorine residual in the water of the spa pool shall not be less than 2.0 parts per million or more than 4.0 parts per million. When bromine is used, the minimum residual shall not be less than 2.0 parts per million or more than 4.0 parts per million. Additional procedures for disinfecting the water may include shocking daily to raise halogen levels to 5.0 parts per million and shocking weekly to levels of 10.0 parts per million. The pH value of the water shall be maintained between 7.2 and 8.0 depending on the amount of free available chlorine or bromine.
L. 
Temperature. A pool thermometer shall be provided for the pool and the temperature of the spa water may not exceed 104° F. [40° C.]. This temperature shall be monitored and recorded every hour unless an automatic shutoff occurs when water reaches 104° F.
M. 
Testing kits and procedures. Testing of water and keeping of records shall be consistent with § 67-5I, J and K of this chapter, with the exception that spa water shall be tested for temperature and chlorine residual immediately before using and every hour when in use.
N. 
Warning sign.
(1) 
A precaution sign shall be mounted adjacent to the entrance to the spa pool containing the following warnings and information:
(a) 
Prohibition of use by persons under the influence of alcohol or drugs.
(b) 
Caution that persons suffering from heart disease, diabetes or high blood pressure should contact a physician before use.
(c) 
Caution that women who are or who may be pregnant should seek the advice of a physician regarding use and that such women should limit time in the pool.
(d) 
Persons should limit the stay in the pool to 15 minutes at any one session.
(e) 
Prohibition of food or drink.
(f) 
Location of nearest telephone or emergency notification number.
(g) 
Location of audible emergency alarm to alert others in the area of a need to respond.
(h) 
Not to be operated at water temperatures greater than 104° F. [40° C.].
(2) 
These requirements shall be conveyed by any combination of words, pictures or symbols.