[Adopted 5-6-2015[1]]
[1]
Editor’s Note: These regulations also superseded former Art. IV, Public and Semipublic Swimming Pool Regulations, adopted 5-20-1993.
A. 
Purpose: to promote public health and safety at public or semipublic swimming pools or special purpose pools.
B. 
Authority: 105 CMR 435.00, Chapter 111, Section 31.[1]
[1]
Editor's Note: This reference refers to MGL c. 111, § 31.
C. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
105 CMR 435.000
The State Sanitary Code: Chapter V, Minimum Standards for Swimming Pools.
PUBLIC POOL
Every swimming, wading or special purpose pool, admission to which may be gained by the general public with or without the payment of a fee.
SEMIPUBLIC POOL
A swimming, wading or special purpose pool on the premises of or used in connection with a hotel, motel, trailer court, apartment house, condominiums, country club, youth club, school, camp or similar establishment where the primary purpose of the establishment is not the operation of the swimming facilities and where admission to the use of the pool is included in the fee or consideration paid or given for the primary use of the premises. "Semipublic pool" shall also mean a pool constructed and maintained by groups for the purposes of providing bathing facilities for members and guests only.
SPECIAL PURPOSE POOL
A unit designed for recreational and therapeutic use which is shallow in depth and not meant for swimming or diving. These pools are not drained, cleaned or refilled for each user. It may include, but not be limited to, hydro-jet circulation, hot water, cold water mineral baths, air induction bubbles or any combination thereof. Industry terminology for such a pool includes, but is not limited to, therapeutic pool, hydrotherapy pool, whirlpool, hot spa, hot tubs, float tanks, etc. This standard excludes residential units and facilities used or under the direct supervision and control of licensed medical personnel.
SWIMMING POOL
Means and includes every artificial pool of water having a depth of two (2) feet or more at any point and used for swimming or bathing, located indoors or outdoors, together with the bathhouses, equipment and appurtenances used in connection with the pool. It does not include any special purpose pool or residential pool, nor does it include any pool used primarily for baptismal purposes or the healing arts.
WADING POOL
A pool of water in a basin having a maximum depth of less than two (2) feet, intended chiefly as a wading place for children. It does not include any residential pool.
D. 
Bacteriological testing standards.
(1) 
No sample submitted for bacteriological testing shall:
(a) 
Contain more than 200 bacteria per milliliter as determined by the standard (35° C.) agar plate count; and/or
(b) 
Show positive test (confirmed) for coliform organisms in any of the five 10-milliliter portions of a sample or more than 1.0 coliform organisms per 50 milliliters of sample when using the membrane filter test; and/or
(c) 
Show a positive test (confirmed test) for pseudomonas aeruginosa organisms in any of the five 10-milliliter portions of a sample or more than 1.0 pseudomonas aeruginosa organisms per 100 milliliters when the membrane filter test is used.
(2) 
All samples shall be collected, dechlorinated and examined in accordance with the procedures outlined in the latest edition of Standard Methods for the Examination of Water and Wastewater (APHA).
A. 
Permit. No person (or business) shall operate or maintain a public or semipublic pool or special purpose pool as defined above in the Town of Orleans without a permit issued by the Orleans Board of Health. Said permit shall be issued annually under the conditions outlined below and shall expire on December 31 of the issuing year.
B. 
Water quality testing.
(1) 
Pre-opening. Prior to opening (original or annual), a water sample must be submitted to an approved laboratory for testing designed to determine whether or not the bacteriological standards as defined above are met. The result of the testing must be submitted to the Orleans Board of Health, and all standards must be met before a permit will be issued.
(2) 
Monthly testing. Water quality testing [as in Subsection B(1) above] must be carried out monthly as long as the facility remains open to the public. Monthly testing shall be performed during the first ten (10) days of the month and results submitted to the Orleans Board of Health by the 15th of the month.
(3) 
Other testing. Other testing as may be required by the Orleans Board of Health as provided in 105 CMR 435.00, Section 435.28.
C. 
Safety. Warning signs, as required by 105 CMR 435.00, shall be posted in conspicuous locations stating "WARNING-NO LIFEGUARD ON DUTY" in easy to read, legible letters which are at least four inches (ten cm) high. In addition, there shall be signs which are readily visible stating, "CHILDREN UNDER AGE 16 MUST NOT USE SWIMMING POOL WITHOUT AN ADULT IN ATTENDANCE" and "ADULTS SHOULD NOT SWIM ALONE."
D. 
Closure. A public/semipublic swimming pool shall be closed at any time the swimming, wading, or special purpose pool does not meet the following:
(1) 
The operator shall be familiar with the provisions of 105 CMR 435.00, these regulations, and every other applicable law and regulation pertaining to swimming, wading and special purpose pools, including testing equipment and safe handling of chemicals.
(2) 
If at any time the swimming, wading or special purpose pool water does not conform with the requirements set forth in 105 CMR 435.28 through 435.31, the operator shall immediately close the pool until the pool water conforms with those standards.
(3) 
Bacteriological testing standards as specified in 105 CMR 435.000 or this regulation.
(4) 
Failure to meet safety standards as specified in this regulation regarding the minimum signage requirements as set forth in § 185-19C.
E. 
Variances. A request for a variance shall be made in writing and shall state the specific variance sought and the reasons therefor. Variance approval will not be unreasonably withheld provided that the intent and purpose of this regulation as declared in § 185-18 is not compromised.
F. 
Penalty.
(1) 
It shall be the responsibility of the permit holder and/or his or her business agent to ensure compliance with all sections of this regulation. Any person, firm, corporation or agency who violates §§ 185-19C, of this regulation shall be subject to the following actions for each offense:
(a) 
The swimming pool shall be immediately closed per the requirements of § 185-19D. A warning shall be issued for the first offense.
(b) 
Following a second offense, or any subsequent offense, the Board of Health may after a public hearing, suspend any license or permit issued by it or withhold the renewal of such license or permit for a period of time as determined by the Board of Health.
(2) 
Under the provisions of Chapter 111, Section 31, any person, firm, corporation or agent thereof who violates any provision of this regulation shall be punished by a fine of not more than one thousand dollars ($1,000.).
G. 
Severability.
(1) 
Whenever possible, these regulations shall be deemed to be supplementary to (not contradictory with) state and federal statutes and regulations.
(2) 
In the event any of these regulations shall be held invalid, any such regulation or regulations shall be deemed to be severed from the others and struck from these rules, but the remaining regulations shall continue in full force.