Minimum Standards for Swimming Pools

39 Pages·2017·0.57 MB·English

DRAFT Srikeout = delete Red = new 105 CMR: DEPARTMENT OF PUBLIC HEALTH
105 CMR 435.000: MINIMUM STANDARDS FOR SWIMMING POOLS (STATE
SANITARY CODE: CHAPTER V)

Section

435.005: Purpose
435.010: Definitions
Construction
435.020: Plan Approval
435.025: License Required
435.030: Bathhouse, and Sanitary Facilities, Lighting and Ventilation
435.040: Sewage Disposal
435.050: Location, Structural Stability,: Finish
435.055: Enclosures and Pool Covers
435.060: Water Circulation and Filtration Systems
435.070: Construction Materials
435.080: Inlets and Outlets
435.090: Cross Connection
435.100: Skimming Facilities
435.110: Pool Slopes and Dimensions
435.120: Water Depth and Other Markings
435.130: Walkways and Decks
435.140: Ladders, and Steps and Zero Entry Areas
435.150: Diving
435.160: Water Source
435.170: Pool Supervision
435.180: Filter Rooms and Pool Chemical Storage
Operation and Maintenance
435.210: Annual Permit License Requirements for Swimming, Wading and Special Purpose Pools
and Splash Pads;: Pool and Splash Pad Records and Record Retention
435.215: Board of Health Notifications
435.216: Injury Reports
435.220: Health Regulations; Signs
435.230: Lifeguards
435.240: Safety Equipment
435.250: First Aid Equipment and Emergency Communication
435.260: Waste Water and Backwash Water Disposal
435.270: Bather Load Capacity
435.280: Bacterial Water Quality
435.290: Chemical Standards and Water Testing
435.300: Water Testing Equipment
435.310: Water Clarity
435.32: Water Quality Maintenance
435.330: Maximum Operating Temperatures for Special Purpose Pools
435.340: Closure of Pools and Splash Pads
435.350: Water Slide Flumes
435.360: Splash Down Pools
DRAFT Srikeout = delete Red = new 105 CMR: DEPARTMENT OF PUBLIC HEALTH
435.370: New and Innovative Equipment and Procedures
435.380: General Sanitation
435.390: Fecal, Vomit and Blood Incidents at Pools and Splash Pads
435.400: Splash Pads and Spray Decks
435.410: Aquatic Play Features and Interactive Water Fountains
Administration and Enforcement
435.610 41: General Administration
435.620 42: Orders: Service and Content
435.630 43: Hearing
435.640 44: Appeal
435.650 45: Penalties
435.660 46: Variance
435.670 47: Variance, Grant of Special Permission; Expiration, Modification, Suspension of
License

Appendix A - Swimming Pool Testing Records

435.005: Purpose

The purpose of 105 CMR 435.000 is to set forth minimum health, safety and
sanitary requirements for public and semi-public swimming, wading, and special
purpose pools.

435.010: Definitions

Aquatic Play Features means devices and attractions that spray, squirt, splash, or
drop water on pool users.

ANSI means the American National Standard Institute.

APSP means the Association of Pool and Spa Professionals.

ASTM means American Society for Testing and Materials.

Board of Health means the appropriate and legally designated health authority of the
city, town, or other legally constituted governmental unit within the Commonwealth
having the usual powers and duties of the board of health of a city or a town, or his or its
authorized agent or representative.a municipal board of health, a municipal health
department, a regional health district, or any other legally constituted city, town,
or county governmental unit within the Commonwealth serving as a public health
agency, as established under M.G.L c. 41, § 1, or M.G.L. c. 111, §§ 26, 26A, 27A, or
27B, or its authorized agent or representative under M.G.L. c. 111, § 30. Board of
Health shall also mean an inspectional services department in a city or town where
the inspectional services department is responsible for the enforcement of 105
CMR 435.000.
DRAFT Srikeout = delete Red = new 105 CMR: DEPARTMENT OF PUBLIC HEALTH

Communicable Disease means a disease which may be transmitted through the medium
of water.

Correction Level means a tested pool water concentration of chlorine or combined
chlorine that may require the operator to implement measures to correct the
chlorine or combined chlorine levels.

CPR Certificate means a current certification in cardiopulmonary resuscitation
(CPR) including the American Red Cross CPR Certificate for the Professional
Rescuer, American Heart Association CPR Certificate for Health Care Provider,
National Safety Council CPR Training, or any equivalent CPR training recognized
by the Department.

Department means Department of Public Health.

Equalizer Line means a line below the pool surface to the body of a skimmer that is
designed to prevent air from being drawn into the pump and filter if the water
level drops below the skimmer inlet(s).

Hypochlorinator means a chemical feeder through which liquid solutions of
disinfecting chemicals are fed into the pool water at a controlled rate.

Lifeguard means a trained water safety professional who is at least 16 years old
and holds the following current certifications:
(1) An American Red Cross Lifeguard Training Certificate, Royal Bronze
Medallion, Boy Scouts of America Lifeguard Certificate, National YMCA
Lifeguard Certificate, or an equivalent certification that contains all of the
minimum requirements of one or more of the foregoing certification courses;
(2) A CPR Certificate; and
(3) An American Red Cross Standard First Aid Certificate, Red Cross
Community First Aid and Safety Certificate, National Safety Council First Aid
Training, Level 2, or an equivalent certification recognized by the Department.

Operator means any person who:
(a) alone or jointly or severally with others owns a public or semi-public swimming
pool, wading or special purpose pool regulated by 105 CMR 435.000; or
(b) has care, charge or control of such a pool as agent or lessee of the owner or as
an independent contractor.

Operational Level means a tested pool water concentration of chlorine or
combined chlorine that provides optimal conditions for a safe and healthy facility.

Parametric Monitoring means automated equipment that records critical
parameters appropriate for the effective filtration and disinfection of pool water
including, but not limited to, all filter system(s), pressure/flow meters, and/or
gauges, controllers, hypochlorinators and dry feeders.
DRAFT Srikeout = delete Red = new 105 CMR: DEPARTMENT OF PUBLIC HEALTH

Person means every individual, partnership, corporation, firm, association or group,
including a city, town, county, or other governmental unit. an individual or his or her
estate upon his or her death, or a corporation, a government agency, a partnership,
a trust, an association, or an organized group of persons, whether incorporated or
not, or any receiver, trustee, or other liquidating agent of any of the foregoing
while acting in such capacity.

Pool(s) means all public and semi-public swimming, wading and special purpose
pools as well as splash down pools.

Public Pool means every swimming, wading or special purpose pool, admission to
which may be gained by that provides admission to the general public with or without
the payment of a fee.

Record Keeping Log Book means a dedicated log book or notebook with secured
pages suitable for recording and maintaining all information required by 105
CMR 435.000.

Residential Pool means a swimming or wading pool established or maintained by an
individual for his own or personal family's use, or for the use of personal guests of his
household.

SDS means Safety Data Sheets (formerly Material Safety Data Sheets) for
hazardous chemicals in accordance with the Occupational Safety and Health
Administration (OSHA) Hazard Communication Standard (29 CFR 1910.1200).

Semi-Public Pool means a swimming, wading or special purpose pool on the premises
of, or used in connection with a hotel, motel, trailer park court, apartment house,
condominium, country club, athletic 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. Semi-public 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 means a unit designed for recreational and therapeutic use which
is has a shallow in water depth and is 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,
hydrojet 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 pools, hydrotherapy pools, whirlpools, hot spas, hot tubs, or float tanks,
etc. This standard excludes residential units and facilities used or under the direct
supervision and control of a licensed medical personnel health care provider.

Splash Down Pool means a dedicated swimming pool or designated section of a
swimming pool located at the exit of one or more water slide flumes.
DRAFT Srikeout = delete Red = new 105 CMR: DEPARTMENT OF PUBLIC HEALTH

Splash Pad means a recreational area with aquatic play features and/or interactive
fountains designed primarily for children that maintains a shallow water depth of
recirculated water not meant for swimming.

Spray Deck means a recreational area with aquatic play features and/or interactive
fountains designed primarily for children that operates as a spray and drain
facility without any recirculation of water, even if a reservoir tank is available by
design, and maintains no standing water.

Swimming Pool means and includes every artificial pool of water having a depth of two
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 above ground pool, special purpose
pool or residential pool as herein defined nor does it include any pool used primarily for
baptismal purposes or the healing arts.

Toe Safety Ledge means an underwater continuous step in the pool wall that allows
swimmers to rest by standing without treading water.

Ultraviolet Light (UV) System means a device approved for use as a supplemental
or secondary treatment sanitizer that relies on artificially generated components of
sunlight to inactivate microorganisms and decompose a variety of chemicals.

Wading Pool means a pool of water in a basin having a maximum depth of less than two
feet intended chiefly as a wading place for children. It does not include any above
ground pool or residential pool as herein defined.

Water Slide Flume means a recreational device that provides a descending ride into a
splash down pool, which is not designed used for swimming or wading, at the base of
the slide. Low friction is achieved in all designs by providing a flowing water film.

Weir means a secured flap within a skimmer that adjusts automatically to small
changes in the water level of the pool and assures a continuous water flow to the
skimmer while providing protection on the pool side from the suction source.

Wing Wall means a structural projection into the pool designed to provide
separation within the water area.

Zero Entry means an access to the pool that gradually slopes from the deck area
into the water.

435.020: Plan Approval

(1A) No person shall construct or install a swimming, wading or special purpose pool,
or expand, remodel or otherwise make any change which may affect the compliance of
an existing swimming, wading or special purpose pool with the requirements of 105
DRAFT Srikeout = delete Red = new 105 CMR: DEPARTMENT OF PUBLIC HEALTH
CMR 435.000 until the plans and specifications for the construction or change, under
contain the stamp and signature of a Massachusetts Registered Professional Engineer
(PE) or Registered Architect (RA) with documented experience on similar projects,
and have been approved in writing by the Board of Health. All plans, specifications,
equipment cut sheets, scaled dimensional drawings, and/or site plans shall be
submitted to the Board of Health at least 90 days prior to anticipated construction.
An approved and stamped or signed set of plans shall be maintained on site until
the project is completed. Nothing in 105 CMR 435.000 shall affect the authority of any
person acting under appropriate sections of 780 CMR (The Massachusetts State
Building Code), 527 CMR 12.00 (1996 Massachusetts Electrical Code (Amendments)),
521 CMR (the Massachusetts Architectural Access Board), and 248 CMR (Uniform
State Plumbing Code and the Massachusetts Fuel Gas Code), or applicable local
ordinance or regulation.

(2B) All work shall conform to approved plans and specifications. Any revision or
change in the approved plans and specifications which may affect the capacity size of
the pool or the health or safety features of the users of the swimming, wading or
special purpose pool, shall be submitted to the Board of Health for review and written
approval before implementation.

(3C) The Board of Health shall be notified when a newly constructed, expanded, or
remodeled swimming, wading or special purpose pool is ready for use. Notification
shall be given at least one two weeks prior to the completion of the project so that a date
can be arranged for a final inspection. Written approval to operate from the Board of
Health must be obtained before the pool may open for use.

(D) No person shall construct or operate an above ground swimming or wading
pool for public or semi-public use.

435.025: License Required

No person shall operate a pool without a license from the Board of Health.

435.030: Bathhouse, and Sanitary Facilities, Lighting and Ventilation

(1A) The operator of a public swimming pool shall provide for each sex gender
adequate and separate dressing and sanitary facilities located adjacent to every public
swimming pool. Rooms shall be of ample size sized to meet the needs of the expected
numbers of users, provide for adequate lighting, drainage, and ventilation, and wll
lighted, drained, ventilated, and so planned and constructed so that good sanitation can
be maintained throughout the building at all times. Bathers shall be so routed so that the
crossing of street shoes and wet barefoot traffic is kept to a minimum. In general,
iImpervious materials and light colors should shall be used throughout.

(2B) In accordance with 248 CMR, Tthe operator of a public swimming pool shall
provide and maintain in a sanitary condition:
(1) showers and shall furnished with hot and cold water. The minimum number of
DRAFT Srikeout = delete Red = new 105 CMR: DEPARTMENT OF PUBLIC HEALTH
showers shall be one for each 40 bathers based on the maximum bather load,
(see 105 CMR 435.270).;
(2) (3) The operator of a public swimming pool shall provide and shall maintain in
a sanitary condition, for each sex, at least one water closet for each gender, at
convenient locations for each 40 bathers. One additional water closet shall be
provided for each additional 40 bathers. For males, urinals may be substituted
for up to one third of the number of water closets required. Toilets Water
closets for the use of spectators shall be separated from those provided for
bathers and shall be located outside the area used by bathers.;
(3) (4) The operator of a public swimming pool shall provide and shall maintain in
a sanitary condition washbasins lavatories for each sex gender, adjacent to all
water closets in the proportion of at least one basin for each 60 bathers, based on
the maximum bather load.

(C) The operator of a public swimming pool shall provide a room designated and
equipped for the emergency care of sick or injured bathers. The location of such a
room shall be approved by the Board of Health. Minimum equipment shall
include first aid supplies, a pillow, cot, and blanket.

(D) The operator of a public swimming pool shall provide sanitary drinking water
facilities in accordance with 310 CMR 22.00: Drinking Water.

(E) The operator of a public swimming pool shall provide the following for water
closets, showers and lavatories:
(1) Toilet paper holders, supplied with toilet paper at each water closet;
(2) Suitable receptacles for paper towels and other waste materials. Such
receptacles in water closets for women shall be covered;
(3) Paper towels or an electric hand dryer. Common towels shall not be
permitted;
(4) Soap dispensers including soap shall be located at each lavatory. The
dispenser must be shatter-proof with no glass components; and

(F) Mirrors, if provided, shall be unbreakable or constructed of safety glass.

(5G) The All pool operators shall provide hose connections for flushing down the pool
decks, as well as dressing rooms, and bathhouse interiors, and outside pool decks,
when applicable. It is recommended that hot water be provided at indoor pools.

(6) The operator shall provide a room designated and equipped for the emergency care
of sick or injured bathers at a public swimming pool. The location of such a room shall
be approved by the Board of Health. Minimum equipment shall include a cot and
blanket.

(7) The operator shall provide adequate storage space for janitorial equipment and
supplies and instructional equipment.

(8H) The All pool operators shall be responsible for maintaining adequate lighting by
DRAFT Srikeout = delete Red = new 105 CMR: DEPARTMENT OF PUBLIC HEALTH
natural or artificial lighting, or both, in filter rooms, storage rooms, and all parts of
the bathhouse, toilets, pool area, pool water, bathhouses, emergency care rooms, and
water closets, when applicable. by sunlight or artificial lighting, or both, under all
conditions of pool use.

(1) Arrangements and design of lighting shall allow lifeguards, and attendants and
pool users to see clearly every part of the pool, including the bottom,
walkway(s), decks, spring boards, and other appurtenances clearly without being
blinded by the light(s).

(2) Natural glare shall be controlled by installing window shades or glare
shields when necessary.

(3) All lighting, including underwater pool lighting, shall be so installed to prevent
glare or shadows and maintained as not to create a eliminate any hazard.

(a) All surface lighting shall contain unbreakable bulbs or shatter proof
light shields.

(b) Under water lighting shall be recessed and maintained with intact,
clear, uncracked, and shatterproof lenses at all times.

(c) A reliable emergency lighting system shall be provided whenever indoor
and outdoor pools are designed and maintained for use at night.

(9I) When provided, pool water heating units shall be so installed as to present no
hazard to bathers in a safe manner in accordance with 527 CMR 12.00 (the
Massachusetts Electrical Code).

(10J) All rooms housing indoor swimming pools and aAll bathhouses dressing rooms,
shower rooms, and toilets water closets at both indoor and outdoor pools shall be
properly and adequately ventilated. All indoor swimming and wading pools shall
meet or exceed the minimum outdoor air ventilation rate of 0.48 CFM/ft.sq.
pursuant to 780 CMR (the Massachusetts State Building Code).

(11K) Attention should be given to acoustical properties of rooms housing indoor
swimming pools and bathhouses. The design and materials used in the construction
should Rooms housing indoor swimming pools and bathhouses shall be designed
and constructed with materials that reduce reverberation of sound, so that a
lifeguard's voice or a call for help may be easily heard.

(L) All pool operators shall provide dedicated and adequate storage space for
janitorial equipment and supplies, as well as equipment used for swimming
instruction in accordance with manufacturer’s specifications.

(M) No equipment, supplies or chemicals shall be stored in habitable space or in
any unsecure location around the perimeter of the pool at any time. Pool
DRAFT Srikeout = delete Red = new 105 CMR: DEPARTMENT OF PUBLIC HEALTH
chemicals and supplies shall be kept in locked storage when not in use.

(12) The operator of every swimming pool, wading or special purpose pool shall
provide and maintain adequate enclosures to prevent animals and unauthorized persons
from entering the pool area.

(a) All outdoor inground swimming, wading or special purpose pools constructed
before October 2, 1975 shall be enclosed by a firmly secured fence of at least four
feet in height. All gates into the pool area shall be self-latching with latches placed
four feet above ground level or otherwise made inaccessible to children up to eight
years of age.
(b) All outdoor inground swimming, wading or special purpose pools constructed
after October 2, 1975 shall be enclosed by a fence six feet in height and firmly
secured at ground level provided that any board or stockade fence or structure shall
be at least five feet in height, but if over five feet in height, the fence shall be chain
link. Such enclosure, including gates therein, shall not be less than six feet above the
ground, and any gate shall be self-latching with latches placed four feet above the
ground or otherwise made inaccessible from the outside to children up to eight years
of age. Such enclosure shall be constructed of such material and maintained so as
not to permit any opening in said enclosure, other than a gate, wider than three
inches at any point along the enclosure. (M.G.L. c. 140, § 206)
(c) All indoor swimming pools shall be enclosed by a barrier which shall extend
not less than four feet above the ground. Such enclosure shall be constructed of such
material and maintained so as not to permit any opening in said enclosure, other than
a gate or door, wider than three inches along the enclosure. All gates and doors in
the pool enclosure shall be self-closing and self-latching with latches placed at least
four feet above the ground.
(d) Access to every public swimming pool by bathers shall be provided only
through the bathhouse facilities.

(13) The operator shall provide sanitary drinking water facilities in accordance with
310 CMR 22.00: Drinking Water.

(14) The operator of a public swimming pool shall provide the following in association
with the required toilets, showers and washbasins:
(a) Toilet paper holders, supplied with paper shall be provided at each toilet.
(b) Suitable receptacles shall be provided for paper towels and other waste
materials. Such receptacles in toilet rooms for women shall be covered.
(c) Common towels shall not be permitted.
(d) Soap dispensers providing either liquid or powdered soap shall be located at
each washbasin. The dispenser must be shatter-proof with no glass permitted in
these units.
(e) If mirrors are provided they shall be unbreakable or of safety glass.

435.040: Sewage Disposal

The operator of each pool shall provide a sanitary drainage system connected to the
DRAFT Srikeout = delete Red = new 105 CMR: DEPARTMENT OF PUBLIC HEALTH
public sewerage system for the disposal of sanitary sewage. If because of
non-availability, distance, or ground conditions, connection to a public sewerage system
is not practicable, any other sanitary means of disposal of sanitary sewage approved by
the Board of Health and in compliance with 310 CMR 15.00 or approved by the
Department of Environmental Protection in compliance with 310 CMR 15.00 may be
installed.

435.050: Location;, Structural Stability, Finish

(1A) A swimming, wading or special purpose pool should shall be located where it can
be maintained free from pollution by dust, smoke, soot, surface drainage or other
deleterious substances and shall comply with all restrictions of 310 CMR 15.00 (The
State Environmental Code, Title 5: Standard Requirements for the Siting, Construction,
Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems
and for the Transport and Disposal of Septage).

(2B) Construction of every swimming, wading or special purpose pool Every pool
shall be constructed in conformance with all appropriate federal, state and local
building, health, safety, plumbing, access and electrical code statutory and regulatory
requirements.

(3C) No pProjections into the pool, including under water benches in swimming
and wading pools, from any wall or floor surface are prohibited except for the
following:

(1) lLadders and grab rails; shall be permitted from any pool wall or floor surface,
provided that a fillspout may be constructed under the diving stand, rounded fittings
projecting not more than two inches from the wall may be installed
(2) ARrecessed stairsway and full stairs that extend perpendicular from two pool
walls at the end of the pool shall not be considered a projection for the purposes of
310 CMR 12.00.;
(3) A toe safety ledge as described in 105 CMR 435.110(4D) shall not be considered
a projection for the purpose of 105 CMR 435.00.;
(4) Any device or equipment, including, but not limited to, chair lifts, as required
by the Americans with Disabilities Act (ADA) or 521 CMR (the Massachusetts
Architectural Access Board) provided that there is:
(a) a four inch perimeter stripe of contrasting color around the device
or equipment at least four feet beyond the base; or
(b) a skirted or sleeved base with a contrasting color.
(5) Aquatic play features that meet the requirements of 105 CMR 435.410;
(6) Wing walls that meet the requirements of 105 CMR 435.130(D); and
(7) Pool walls that meet the requirements of 105 CMR 435.120(D).

(4D) The finish of the walls and floors of every swimming, special purpose and
wading pool shall be of concrete, cement, mortar, tile, paint, vinyl liner, fiberglass or
other inert and impervious material, shall be reasonably enduring, shall be moderately
smooth and free from cracks, and shall be of light color.