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Definitions for various terms related to public bathing places in Pennsylvania, including pools, hot tubs, sewage systems, and sources. It also outlines regulations for overflow facilities, bottom cleaning, and water quality. The document emphasizes the importance of maintaining clean water and following healthy swimming practices.
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Section Fourteen – Reportable Diseases and Injuries 14.1 Swimming Related Injuries 19 14.2 Disease Reporting 19
Section Fifteen – Public Bathing Place Closures 15.1 Closures 20
Section Sixteen – Plan Review and Equipment Modifications 16.1 Construction Permits for Public Bathing Places 21 16.2 PA Department of Health Certificate to Operate 21 16.3 Physical Plant Specifications 21 16.4 Bathing Beaches 21
Section Seventeen - Variances 17.1 Modifications and Waivers 21 17.2 Documentation of Proposed Variances and Justification 21 17.3 Failure to Comply With Said Variance 22
Section Eighteen – Administrative Hearings and Meetings 18.1 Administrative Hearings 22 18.2 Administrative Meetings 22
Section Nineteen - Severability 19.1 Severability 22
Section Twenty – Penalty Provisions 20.1 Summary Offense 22 20.2 Misdemeanor Offense 23 20.3 Prosecution 23
Appendices see page 24
1.1 Legal Authority
Under the provisions of the “Local Health Administration Law,” Act No. 315 approved August 24, 1951, P.L. 1304 (16 P.S. §§ 12001-12028), Pennsylvania Sewage Facilities Act, Act No. 537, 1966, January 24, P.L. (1965) 1535 §1, effective July 1, 1967, amended 1976, December 2, P.L. 1264, No. 280 (35 P.S.§§ 750-1-750.20a) Pennsylvania Safe Drinking Water Act 1984, May 1, P..L. 206, No. 43 (35 P.S. §§ 721.1-721.17) Chapter 109 adopted September 2, 1971, Title 28, Chapter 18, Public Swimming and Bathing Places, adopted September 18, 1971 as amended.
1.2 Provisions
The provisions of these Rules and Regulations shall apply to all municipalities in Bucks County within the jurisdiction of the Department and shall apply equally to all public bathing places within Bucks County.
1.3 Purpose
The purpose of these Rules and Regulations is to establish minimum standards for the operation of public bathing places for the protection of the health and welfare of the general public.
1.4 Definitions
The following definitions shall apply in the interpretation of these Rules & Regulations:
a) Air Gap – The unobstructed vertical distance through the free atmosphere between the lowest opening from a pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood level rim of the receptacle. b) Backflow – The flow of water or other liquids, mixtures or substances into the distributing pipes of a potable supply of water from a source other than the approved source. c) Certified Lifeguard – An individual who has a current certificate in lifeguarding, issued by a lifeguard certifying authority, as recognized by PA Department of Health. d) Certificate of Registration – Is a document issued by the Bucks County Department of Health indicating this facility is in compliance with these rules and regulations. e) Cross Connection – A physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other steam gas, cooling water, 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. f) Department – The Bucks County Department of Health.
g) EEBA - Emergency escape breathing apparatus.
h) Garbage – All putrescible wastes, except sewage and body waste.
i) Hot Tub/Spa - 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.
j) Hyperchlorination - the intentional and specific raising of chlorine levels for a prolonged period of time to inactivate pathogens following a fecal or vomit release in a public bathing place. See Hyperchlorination Procedures in the Appendices.
k) Maximum Bather Load – The maximum number of bathers that the public bathing place is designed to accommodate.
l) National Electrical Code – The National Electrical Code published by the National Fire Protection Association.
m) Person – Shall include any individual, landowner (which is defined as any person holding title to or having a proprietary or equitable interest in either surface or subsurface rights), landlord, lessor, land occupier (including but not limited to easement owner, tenant, lessee or occupant of a structure or land, whether the landowner or not), any corporation, including public or private corporation for profit or not for profit, association, partnership, firm, trust, trustee, estate, executor, executrix, administrator, administratrix or other fiduciaries, department, board, bureau or agency of the Commonwealth, political subdivision, municipality, district, authority or any other legal entity whatsoever which is recognized by law as the subject of rights and duties, and any agent for any individual or corporation or other legal entity set forth above. Whenever used in any clause prescribing and imposing a penalty or imposing a fine or imprisonment the term “Person” shall include all of the above set forth individuals and entities as well as members, officers, and/or employees of any corporation, an association, partnership or firm and the officers, directors of any local agency, municipality, municipal authority and/or political subdivision and the supervisors, councilmen, of any political subdivision public or private corporation for profit or not for profit.
n) Public Bathing Place – An outdoor or indoor place used for amateur, professional or recreational swimming or bathing, or any other venue where the public may be exposed to water for the purposes of recreation (i.e. spray areas). This is regardless of whether or not a fee is charged for the use of the bathing place and exclusive of a bathing place at a private, single-family residence which is used solely by the owner of the residence, their family and their personal guests. This term is inclusive of all public bathing places that are required to have a “Certificate of Registration” issued by the Department to operate in Bucks County.
o) Recreational Swimming Establishment – A bathing place that is designed, constructed or designated for use by the general public for the primary purpose of swimming or other forms of aquatic recreation when a fee is charged for admission. Lifeguards are required due to this facility being licensed.
aa) Wading Pool – A body of water designed for use by children which is no deeper than 3 feet and of a size in relation to the bathing load that the quality and quantity of the water confined must be mechanically controlled for the purpose of disinfection and contained in an impervious structure.
bb) Water of this Commonwealth – Any and all rivers, streams, creeks, riverlets, impoundings, ditches, water courses, storm sewers, lakes, dammed water, ponds, springs and all other bodies or channels of conveyance of surface and underground water, or any of their parts, whether natural or artificial, within or on the boundaries of this Commonwealth
cc) Water Slide – 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.
dd) Water Supply – A source or sources of water which is used for drinking water and all water treatment facilities and distribution facilities which serve a public bathing place.
ee) Wave Pool – A structure, designed to contain water, used for bathing or swimming in conjunction with a wave-making mechanism, together with buildings, appurtenances and equipment used in connection therewith.
ff) Whirlpool - A structure which is designed to contain water for the submersion of part 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 once every twenty-four (24) hours.
gg) Safe Drinking Water Act – The Act of May 1, 1984 (P.L. 206, No. 43) (35 P.S. §§ 721.1-721.17) known as the Pennsylvania Safe Drinking Water Act and associated regulations.
hh) Sewage Regulations – The Pennsylvania Sewage Facilities Act, Act 537 (P.L. 1535 No. 537) (35 P.S. §§ 750.1-750.20) as amended, appropriate 25 PA Code Chapters 71, 72, 73, the Bucks County Department of Health Rules and Regulations Governing Individual and Community On-Lot Sewage Disposal systems, and the Bucks County Department of Health Rules and Regulations related to Public Health Nuisances.
SECTION TWO – CERTIFICATE OF REGISTRATION
2.1 Certificate of Registration
a) All existing and proposed public bathing places located in Bucks County are required to obtain a Certificate of Registration from the Bucks County Department of Health. Each year every owner/operator of a public bathing place in Bucks County must submit a SA-125, “Application for a Public Bathing Place Certificate of Registration” and appropriate fee prior to the expiration of their current “Certificate of Registration in order to renew said Registration. NOTE: The Certificate of Registration will cover all pools including wading, diving, racing, infant, water slides, hot tubs, etc. that are operated at a particular site.
b) This Department may choose to exempt certain bathing places from having a Certificate of Registration to operate, such as spray recreational areas, which are
not required to be permitted by the PA Department of Health and where public water and sewer facilities are being utilized and continual disinfection is not required.
SECTION THREE – GENERAL PROVISIONS
3.1 Posting of Public Information
The owner/operator of a public bathing place, hot tub or spa shall publically post the following information:
a) Posting of User Load, Maximum number of patrons permitted in the pool. This must also be posted in meeting rooms, elevators or hallways leading to the pool. b) Copy of the Bucks County Department of Health “Certificate of Registration.” c) All pool rules shall be legibly stated on a sign in at least one conspicuous location within the pool area. See the appendix for the required pool rules. d) “Pool Closed” sign shall be posted whenever the facilities are not open for use.
3.2 Public Information that must be posted or available to the Public at the site
a) Copy of the most recent bacteriological monitoring results. b) Copy of the lifeguard’s certification, first aid certification and cardiopulmonary resuscitation certification. c) Copy of the current electrical certificate. d) A copy of all applicable Safety Data Sheets (SDS) for chemicals used at the pool facility. e) Copy of the State Bathing Place Certificate to Operate. f) Copy of the “Bucks County Department of Health’s Rules and Regulations Governing Public Bathing Places”.
3.3 Hot Tubs and Spas Posting of Information
Hot tubs and spas shall be posted with the following information:
a) For medical reasons, children under the age of 5 with or without adult supervision shall not be allowed in a spa. People using drugs or alcohol that cause drowsiness shall not use spas. b) Pregnant women and people with heart disease, high blood pressure or other health problems should not use SPAS without prior consultation with a healthcare provider.
3.4 Posting Requirements – Lifeguard Not On Duty
Whenever a public bathing place area is opened for use and no lifeguard service is provided (see requirements for life guards, Section 13), warning signs shall be placed in plain view of the entrances and inside the pool area which state, “ WARNING – NO LIFEGUARD ON DUTY” at least 4 inches in height. In addition, the signs shall also state in clearly legible lettering at least 2 inches in height “ NO SWIMMING ALONE. CHILDREN AND NON-SWIMMERS SHALL NOT USE THE POOL UNLESS ACCOMPANIED BY A RESPONSIBLE ADULT”. In addition, a sign must post ; “the Hours of Operation; and that the Aquatic facility use is prohibited at any other time.”
4.4 Vector Control
a) Effective measures to control the presence of rodents, flies, cockroaches and other insects or vectors on the public bathing place premises shall be utilized. Pesticide application, when necessary, shall be conducted by a certified pest control applicator/operator and in accordance with the pesticide label and all required federal and state laws. The public bathing place premises shall be kept in such condition as to eliminate the harborage, food and water conditions conducive to insect, rodent or other vector infestation. b) If a public bathing place incurs a violation of Section 4.4a, the Department may require the implementation of an Integrated Pest Management Plan (IPM).
4.5 Garbage and Refuse Disposal
a) The storage, collection and disposal of garbage and refuse from a public bathing place shall be conducted so as to avoid the creation of public health hazards and nuisance conditions. b) Every public bathing place shall be responsible for the proper storage, collection and disposal of all garbage generated by pool staff and bathing place patrons. c) All public bathing places shall be kept free of litter, garbage and refuse at all times.
4.6 Physical Facilities
The Physical Facilities, as approved by the regulatory authority(s), must be maintained in good working order. Any modifications or additions to the physical facilities must first be approved by the regulatory authority(s).
4.7 Operations Manual
Every facility must have an Operations Manual on hand at the facility. This manual must include a Routine Maintenance Plan (RMP), which is a of list necessary tasks which must be performed each day, as well as throughout the season, to ensure that the facility functions as it was designed. An example of a RMP and other pertinent information that must be included in the Operations Manual can be found in the Appendix. In addition, the entire Appendix can be printed out to provide many necessary components of the required Operations and Maintenance Plan, as well as to provide a guide to what should be in the facilities O&M Plan. In all cases the Operations Manual must be kept as brief and user friendly as possible.
4.8 Security
All outdoor public bathing places, hot tubs and spas shall have a means of being physically closed to patrons during non-operating hours when supervision is not provided. The facility must be completely surrounded by a fence or wall designed to prevent entrance during hours of closure. Fencing installation shall meet local municipal ordinances and permitting requirements as specified by the municipality where the public bathing place is located. All entrances to the pool shall be provided with a self-closing and self-locking gate with a lock. Indoor pools, which may be used for activities unrelated to the pool, shall be made secure to assure that all unauthorized persons can be excluded from the facility when it is not in operation.
5.1 Access to Public Bathing Places
In order to carry out the purpose and provisions of these Regulations, a Department representative, upon showing proper identification, shall be permitted to enter and inspect the public bathing place’s records and equipment at all reasonable times when the facility is open or during an emergency. The owner, manager, operator, employee or any person in charge of the facility shall provide free access to records, permits, certificates and other materials which directly relate to the operation of the public bathing place.
5.2 Inspections
Every public bathing place will be inspected annually by a Department representative to determine compliance with these Rules and Regulations. Department representatives shall conduct as many inspections of the public bathing place as necessary to determine compliance with these Rules and Regulations. A regulatory service fee may be charged by the Department for any compliance inspections that are required after an initial inspection has been conducted by the Department.
5.3 Reporting of Inspections
a) Whenever the Department conducts an inspection of a public bathing place, the findings shall be recorded on the appropriate inspection report form. The inspection form shall summarize the violations based upon these Rules and Regulations, including the correction(s) to be made and the date of compliance. b) Violations of a critical nature and/or a direct threat to an individual’s public health shall be corrected immediately or the operation of the public bathing place must cease until the violation(s) have been corrected. c) The results of the inspection shall be reviewed with the person in charge, signed by that person and be sent electronically to the person in charge.
5.4 License Requirement for Food Services
a) Whenever food service is provided within a public bathing place, the food operation shall be licensed by the Department and comply with the current food safety regulations. b) If only prepackaged, non-time/temperature control for safety (TCS) foods are sold, a food license is not required from this Department.
SECTION SIX– HYGIENE REQUIREMENTS
6.1 Personal Health
No person with signs of illness or communicable disease may enter a public bathing place unless certified by a physician not to have a disease in a communicable stage.
6.2 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 diseases and shall be stored in a clean and sanitary manner.
b) Starting blocks shall be used only during supervised swimming competitions and practices.
7.6 Water Slides, Diving Boards, Rock Walls and Other Attached Fixtures
Swimming Pool/Aquatic Venue water slides, diving boards and rock walls, etc. must be installed and utilized as per the approved plans. This Department reserves the right to make additional safety requirements as deemed necessary to ensure the health and safety of the users of these recreational fixtures.
7.7 Anti-siphon Protection
a) Every pool, spa, hot tub or other bathing place/aquatic facility shall comply with the Virginia Graeme Baker Pool and Spa Safety Act. See attached Appendix for additional information. b) The owner of every bathing place shall keep on record the make and model number and date of installation for every anti-siphon drain cover installed in each spa, hot tub, pool or other aquatic venue which requires that one be present. In addition, the date of expiration of each anti-siphon drain cover must be kept with the information of each individual drain cover so that the owner/operator knows when these units need to be replaced.
SECTION EIGHT – ELECTRICAL SAFETY
8.1 National Electrical Code
All electrical wires, outlets, appliances and devices shall be designed and installed in accordance with the most recent versions of the National Electrical Code.
8.2 Electrical Wiring
All electrical wiring, when 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 installed and equipped so as to prevent the entrance of water.
8.3 Electrical Conductors
No insulated or uninsulated electrical conductors or wires shall cross over any portion of an indoor or outdoor public bathing place, hot tub or spa, except ceiling lighting of sufficient height above the surface of the water and the pool deck around the pool facility to prevent bathers from contacting the fixtures.
8.4 Metal Fencing
All metal fences, railings or other appurtenances on which a broken electrical conductor or wire might fall shall be effectively grounded.
8.5 Grounding Requirements for Water and Other Piping
All water and other piping to and from a public 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.
8.6 Ground Fault Circuit Interrupters (GFCI)
All electrical equipment and wiring shall be equipped with ground fault circuit interrupters.
8.7 Limited Access to Mechanical Equipment
All pumps, filters, other mechanical and electrical equipment shall be enclosed in such a manner as to be accessible only to authorized persons.
8.8 Electrical Inspections
All electrical installations at public bathing places, hot tubs or spas and any future additions or modifications to these installations, prior to being placed into service and every three (3) years thereafter shall be inspected and approved by a licensed electrical inspection agency. The electrical inspection conducted shall meet the standards of the National Electrical Code. A duplicate copy of the inspection certificate and the results shall be forwarded to this Department by the bathing place owner/operator or directly by the electrical inspection agency.
8.9 Lighting
Artificial indirect lighting shall be provided at all swimming pools which are to be used at night or which do not have adequate natural lighting so that all portions of the pool, including the bottom, may be readily seen without glare or railing reflections. Underwater lights in public bathing places, regardless of the installation date shall comply and meet the requirements for underwater light as specified in the National Electrical Code.
If electrical defects in the underwater lights are noted by the electrical inspection agency, the lights shall be disconnected immediately to prevent electrical shock or electrocution of pool patrons. The lights must be repaired or removed within 30 days of written notice. A copy of this report shall be forwarded to the Department immediately by the owner/operator or the electrical inspection agency.
SECTION NINE – CIRCULATION AND FILTRATION
9.1 Adequate Circulation
Water shall be introduced to and withdrawn from a public bathing place, hot tub or spa so as to provide adequate, uniform circulation at all times.
10.1 Disinfection Equipment
All public bathing places, hot tubs, and spas must be equipped with an approved device or devices to provide continuous disinfection to prevent the growth of pathogenic organisms. Such equipment shall meet the standards as set forth by the National Sanitation Foundation (NSF) Standard #50 “Swimming Pool, Spa and Hot Tub Circulation System Components”. All public bathing places, hot tubs and spas shall maintain an adequate, uniform disinfection residual at all times.
10.2 Pesticide Certification
By Commonwealth Regulatory requirement, applicators of general use pesticides-including chlorine, bromine, and algaecides must obtain Pesticide Applicator Certification including Category 24 for Swimming Pools, through the PA Department of Agriculture prior to applying chemicals (i.e. disinfectants, algaecides, water treatment products) to the bathing place. Information concerning this requirement can be found in the Appendix of these Rules and Regulations.
Any violations of these items listed under this Section will be forwarded to the appropriate agency by this Department for follow-up and possible legal action.
10.3 Required Disinfection and other Chemical Levels
a) Public Bathing Place 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 pool shall be not less than 1.0 ppm (mg/l) nor more than 10. ppm. When bromine is used for disinfection, the free bromine residual in the water in all parts of the pool shall be not less than 3.0 ppm (mg/l) nor more than 8. ppm. b) Hot Tubs and Spas When 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 3.0 ppm (mg/l) nor more than 10. ppm. Where bromine is used for disinfection, the free bromine residual in the water of the hot tub or spa shall be not less than 4.0 ppm (mg/l) nor more than 8. ppm. All hot tubs and spas, regardless of the standard disinfection, shall be super chlorinated weekly to 10.0 ppm free chlorine. If the hot tub or spa is drained, cleaned and scrubbed at least once per week, the operator is exempt from the requirements of this subsection. c) Cyanuric Acid ( Outdoor Application Only ) When cyanuric acid is used as a stabilizer, the concentration may not exceed 90 ppm in the public bathing place and must be checked monthly. Also, when using cyanuric acid the free chlorine residual must be at least 2.0 ppm and may not exceed 10.0 ppm. Cyanuric acid is intended to reduce the loss of free chlorine that is caused by the sun’s UV rays. Therefore, cyanuric acid
and any stabilized chlorine product should not be used in indoor pools, hot tubs or spas. d) Combined Available Chlorine (Chloramines) Combined Chloramines (total chlorine minus free available chlorine) must be checked daily and the owner shall ensure that the public bathing place takes action to reduce the level of combined chlorine (chloramines) in the water when the level exceeds 0.4 ppm (mg/l). e) Total Dissolved Solids (TDS) The Total Dissolved Solids shall be below 2500 ppm and must be checked quarterly at all bathing places. f) Total Alkalinity Levels Total alkalinity shall be maintained in the range of 60 to 180 ppm (mg/l) and must be tested weekly at all bathing places. g) Calcium Hardness Calcium hardness shall not exceed 2500 ppm (mg/l) and shall be checked monthly at all bathing places. h) Other Types of Disinfectants or Sanitizers Any other types of disinfectants or sanitizers that are proposed for a public bathing place that are not listed in these Regulations must be approved by this Department prior to being used.
10.4 The Maintenance of pH
The pH of all Bathing Places, Hot Tubs and Spas must be maintained between 7.2 and 7.8.
10.5 Test Kits
Testing kits shall be provided for making the necessary tests for residual disinfection and pH. The kit for disinfection residual shall be accurate within 0.5 milligram per liter (mg/l) of chlorine or equivalent. The pH kit shall be accurate within 0.2 pH units. Test kits must be specifically designed for the particular disinfectant and pH measurements. All disinfectant monitoring shall be performed using the diethyl-p-phenylenediamine (DPD) test method.
10.6 Temperature
The temperature of the water in any public bathing place, hot tub or spa shall not exceed 104°F.
10.7 Water Clarity
All water in a public bathing place, hot tub or spa shall be sufficiently clear to permit the bottom of the deepest portion to be readily visible from pool side. Water clarity shall be determined by meeting one of the following criteria.
(a) A black disk six (6) inches in diameter on a white field placed at the 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.