Section 6-1.2 - Definitions

6-1.2 Definitions. (a) Swimming pool shall mean a structure, together with buildings and appurtenances used in connection therewith, intended for bathing, swimming or diving purposes, made of concrete, masonry, metal, or other impervious material, located either indoors or outdoors.

(b) Wading pool shall mean a swimming pool that contains water a maximum of two feet deep.

(c) Spa pool shall mean a swimming pool, primarily designed for therapeutic use or relaxation, which is normally not drained, cleaned or refilled for each individual. It may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral bath, air induction, bubbles or any combination thereof. Spa pools are shallow in depth and are not designed for swimming or diving.

(d) White-water slide shall mean a swimming pool consisting of a starting platform, one or more flumes, and a plunge pool.

(e) Wave pool shall mean a swimming pool of special shape and design, with water-wave-making machinery.

(f) Special-purpose pool shall mean a swimming pool of special design primarily for use by persons with physical disabilities.

(g) Movable-bottom pool shall mean a swimming pool with a hydraulic lift arrangement for floor movement and a jet water self-cleaning system.

(h) Permit-issuing official (PIO) shall mean the State Commissioner of Health, the health commissioner or health officer of a city of 50,000 population or over, the health commissioner or health officer of a county or part-county health district, the State regional health director or district director having jurisdiction, or any county or public health director having all the powers and duties prescribed in section 352 of the Public Health Law. The permit-issuing official may designate additional persons to act in his behalf to issue permits required by this Subpart.

(i) Bathing shall mean to become partially or totally immersed in water.

(j) Adequate shall mean sufficient to accomplish the purposes for which something is intended, and to such a degree that no unreasonable risk to health or safety is presented. An item installed, maintained, designed and assembled, an activity conducted or act performed, in accordance with generally accepted standards, principles or practices applicable to a particular trade, business, occupation or profession, is adequate within the meaning of this Subpart.

(k) Uniform Code shall mean the New York State Uniform Fire Prevention and Building Code, 9 NYCRR Subtitle S, Chapter I.

(l) Qualified swimming pool treatment operator shall mean an individual possessing evidence of the successful completion of either of the following courses:

(1) a New York State Department of Health Water Treatment Plant Operator Certification Course Type A or B; or

(2) an adequate course of instruction regarding the safe and effective operation and maintenance of pool treatment equipment.

(m) Aquatic supervisory staff shall mean, effective May 15, 1993, an individual possessing the qualifications as found in section 6-1.31 of this Subpart for Supervision Levels II, III or IV and section 6-2.20(a) of this Part for Supervision Level I.

(n) Effective May 15, 1993, supervising lifeguard shall mean, an individual at least 18 years of age, who possesses as minimum qualifications Supervision Level IIb, and has at least two seasons of adequate lifeguarding experience.

(o) Homeowner swimming pool means a swimming pool owned and operated by a condominium (i.e., property subject to the Article 9-B of the Real Property Law, also known as the Condominium Act), a property commonly known as a cooperative, in which the property is owned or leased by a corporation, the stockholders of which are entitled, solely by reason of their ownership of stock in the corporation, and occupy apartments for dwelling purposes, provided an "offering statement" or "prospectus" has been filed with the Department of Law, or an incorporated or unincorporated property association, all of whose members own residential property in a fixed or defined geographical area with deeded rights to use, with similarly situated owners, a defined swimming pool, provided such swimming pool is used exclusively by members of the condominium, cooperative apartment project or corporation or association, and their family and friends.

Effective Date: 
Wednesday, November 15, 2000
Doc Status: 
Complete