Health, Disease Control and Prevention, Environmental Services

Rule R392-302

Design, Construction and Operation of Public Pools

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35707
Filed: 01/20/2012 09:33:50 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Subsection 26-1-30(2). Subsection 26-1-30(2)(u) authorizes the Department to adopt rules and enforce minimum sanitary standards for the operation and maintenance of swimming pools, public baths, and bathing beaches.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Office of Epidemiology has not received any written comments either supporting or opposing the entire rule. An ongoing committee (the Pool Advisory Committee) composed of local regulators, pool service and construction people, and pool operators meets regularly to discuss any issue about pools that may come from any source. The committee provides the Environmental Sanitation Program recommendations for changes to the rule in response to those issues. Other sources of comments about particular parts of the rule have come from the local health department directors and from local environmental health directors. Some of the most significant issues reviewed include: the allowance of gravity drain systems, interactive water features, private pools and swim lessons, standards for non-cementitious pool shells, bather loads, underwater ledges and seats, deck obstructions, pool entrance latch height, turnover in multi-type pools, handrails on stairs inside the pool perimeter, anti-entrapment outlets and systems, first aid kit contents, LED underwater lighting, total dissolved solids in pool water, lifeguard procedures, diapers in public pools, and cryptosporidiosis watches and warnings.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is a very important aspect of public health and safety protection. Even those who have argued about aspects of the rule have never said the rule wasn't needed. As highlighted in the 12/22/2006 MMWR publication of the Centers for Disease Control, public pools have a high potential for transmission of disease. The U.S. Consumer Product Safety Commission has also highlighted many safety issues with public pools. Proper regulation of public pools is a key aspect to reducing those risks. Therefore, this rule should be continued.

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

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 rmarsden@utah.gov

Authorized by:

David Patton, Executive Director

Effective:

01/20/2012