DAR File No. 39723

Health, Disease Control and Prevention, Environmental Services

Rule R392-302

Design, Construction and Operation of Public Pools

Notice of Proposed Rule

(Amendment)

DAR File No.: 39723
Filed: 09/10/2015 02:13:21 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify that above ground pools may be allowed as public pools. This change also updates the citations to authorizing statutes.

Summary of the rule or change:

Changed the definition of "Pool" and "Public Pool" to make clear that above ground pools are allowed. This change cites Sections 26-1-5 and 26-1-30 in addition to Section 26-15-2 as the authorizing statutes.

State statutory or constitutional authorization for this rule:

• Section 26-1-5
• Section 26-15-2
• Section 26-1-30

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings at the state level. Any costs or savings will come out of existing budgets.

local governments:

Costs or savings for local health departments are not anticipated. Any costs or savings will come out of existing budgets. There are no anticipated costs or savings for existing facilities currently in compliance with this rule.

small businesses:

There are no anticipated costs or savings for existing facilities currently in compliance with this rule.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings for existing facilities currently in compliance with this rule.

Compliance costs for affected persons:

Costs or savings singular to any one person are not anticipated.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impact upon business because it neither impose additional compliance requirements nor reduce any requirements upon existing businesses.

Joseph Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Disease Control and Prevention, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/02/2015

This rule may become effective on:

11/09/2015

Authorized by:

Joseph Miner, Executive Director

R392. Health, Disease Control and Prevention, Environmental Services.

R392-302. Design, Construction and Operation of Public Pools.

R392-302-1. Authority and Purpose of Rule.

This rule is authorized under Sections 26-1-5, 26-1-30 and 26-15-2. It establishes minimum standards for the design, construction, operation and maintenance of public pools.

 

R392-302-2. Definitions.

The following definitions apply in this rule.

(1) "Bather Load" means the number of persons using a pool at any one time or specified period of time.

(2) "Cleansing shower" means the cleaning of the entire body surfaces with soap and water to remove any matter, including fecal matter, that may wash off into the pool while swimming.

(3) "Department" means the Utah Department of Health.

(4) "Executive Director" means the Executive Director of the Utah Department of Health, or his designated representative.

(5) "Facility" means any premises, building, pool, equipment, system, and appurtenance which appertains to the operation of a public pool.

(6) "Float Tank" means a tank containing a skin-temperature solution of water and Epsom salts at a specific gravity high enough to allow the user to float supine while motionless and require a deliberate effort by the user to turn over and that is designed to provide for solitary use and sensory deprivation of the user.

(7) "Gravity Drain System" means a pool drain system wherein the drains are connected to a surge or collector tank and rather than drawing directly from the drain, the circulation pump draws from the surge or collector tank and the surface of the water contained in the tank is maintained at atmospheric pressure.

(8) "High Bather Load" means 90% or greater of the designed maximum bather load."

(9) "Hydrotherapy Pool" means a pool designed primarily for medically prescribed therapeutic use.

(10) "Illuminance Uniformity" means the ratio between the brightest illuminance falling on a surface compared to the lowest illuminance falling on a surface within an area. The value of illuminance falling on a surface is measured in foot candles.

(11) "Interactive Water Feature" means a recirculating water feature designed, installed or used for recreational use, in which there is direct water contact from the feature with the public, and when not in operation, all water drains freely so there is no ponding.

(12) "Lamp Lumens" means the quantity of light, illuminance, produced by a lamp.

(13) "Lifeguard" means an attendant who supervises the safety of bathers.

(14) "Living Unit" means one or more rooms or spaces that are, or can be, occupied by an individual, group of individuals, or a family, temporarily or permanently for residential or overnight lodging purposes. Living units include motel and hotel rooms, condominium units, travel trailers, recreational vehicles, mobile homes, single family homes, and individual units in a multiple unit housing complex.

(15) "Local Health Officer" means the health officer of the local health department having jurisdiction, or his designated representative.

(16) "Pool" means a man-made basin, chamber, receptacle, tank, or tub, above ground or in-ground, which, when filled with water, creates an artificial body of water used for swimming, bathing, diving, recreational and therapeutic uses.

(17) "Pool Deck" means the area contiguous to the outside of the pool curb, diving boards, diving towers and slides.

(18) "Pool Shell" means the rigid encasing structure of a pool that confines the pool water by resisting the hydrostatic pressure of the pool water, resisting the pressure of any exterior soil, and transferring the weight of the pool water (sometimes through other supporting structures) to the soil or the building that surrounds it.

(19) "Private Residential Pool" means a swimming pool, spa pool or wading pool used only by an individual, family, or living unit members and guests, but not serving any type of multiple unit housing complex of four or more living units.

(20) "Public Pool" means a swimming pool, spa pool, wading pool, or special purpose pool facility which is not a private residential pool and may be above ground or in-ground.

(21) "Saturation Index" means a value determined by application of the formula for calculating the saturation index in Table 5, which is based on interrelation of temperature, calcium hardness, total alkalinity and pH which indicates if the pool water is corrosive, scale forming or neutral.

(22) "Spa Pool" means a pool which uses therapy jet circulation, hot water, cold water, bubbles produced by air induction, or any combination of these, to impart a massaging effect upon a bather. Spa pools include, spas, whirlpools, hot tubs, or hot spas.

(23) "Special Purpose Pool" means a pool with design and operational features that provide patrons recreational, instructional, or therapeutic activities which are different from that associated with a pool used primarily for swimming, diving, or spa bathing.

(24) "Splash Pool" means the area of water located at the terminus of a water slide or vehicle slide.

(25) "Swimming Pool" means a pool used primarily for recreational, sporting, or instructional purposes in bathing, swimming, or diving activities.

(26) "Surge Tank" means a tank receiving the gravity flow from an overflow gutter and main drain or drains from which the circulation pump takes water which is returned to the system.

(27) "Turnover" means the circulation of a quantity of water equal to the pool volume through the filter and treatment facilities.

(28) "Vehicle Slide" means a recreational pool where bathers ride vehicles, toboggans, sleds, etc., down a slide to descend into a splash pool.

(29) "Unblockable Drain" means a drain of any size or shape such that a representation of the torso of a 99 percentile adult male cannot sufficiently block it to the extent that it creates a body suction entrapment hazard.

(30) "Wading Pool" means any pool or pool area used or designed to be used by children five years of age or younger for wading or water play activities.

(31) "Water Slide" means a recreational facility consisting of flumes upon which bathers descend into a splash pool.

 

. . . . . . .

 

KEY: pools, spas, water slides

Date of Enactment or Last Substantive Amendment: [February 14, 2014]2015

Notice of Continuation: January 20, 2012

Authorizing, and Implemented or Interpreted Law: 26-1-5; 26-1-30; 26-15-2