Section 6-1.1 - Purpose


Section 6-1.1 Purpose. The purpose of this Subpart is to assure a sanitary, healthful and safe environment for the public when using swimming pools.

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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
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Section 6-1.3 - Application

6-1.3 Application. (a) The requirements of this Subpart shall apply to all swimming pools except:

(1) a swimming pool, or other bathing facility, owned and/or maintained by an individual for the use of his family and friends;

(2) spa pools used under medical supervision or associated with hospitals; and

(3) float tank or relaxation tank used for solitary body immersion in skin-temperature salt water.

(b) Section 6-1.5 of this Subpart shall not apply to swimming pools maintained and operated in connection with a temporary residence or children's camp subject to the regulations of Subpart 7-1 or 7-2 of this Title.

Effective Date: 
Wednesday, November 15, 2000
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Section 6-1.4 - Enforcement

6-1.4 Enforcement. (a) Permits and placarding.

(1) Operation of a swimming pool without a permit is a violation of this Subpart. The permit-issuing official may order any swimming pool operating without a permit to close and remain closed until the facility has obtained and displays a valid permit.

(2) The enforcement procedures delineated in sections 12, 12-a, 12-b, 16, 308, 309, 1303-1305 and 1308 of the Public Health Law may be used, as appropriate. Where a public health hazard is found, the pool shall be placarded to prohibit use until the hazard is corrected in order to protect the public health or safety of bathers. When a placard is used, it shall be conspicuously posted at each entrance leading to the pool. The placard shall state the authority for its placement and indicate that concealment, mutilation, alteration or removal of it by any person without permission of the permit-issuing official shall constitute a violation of this Chapter and the Public Health Law.

(3) Within 15 days of placarding of a facility, the operator of such facility shall be provided with an opportunity to be heard and present proof that continued operation of the facility does not constitute a danger to the public health. The hearing shall be conducted by the permit-issuing official or his designated hearing officer.

(4) The permit-issuing official or his designated representative shall inspect the premises, within two working days of notification that the hazard has been eliminated, to remove the placards after verifying correction.

(b) Public health hazards. Any of the following violations are public health hazards which require the permit-issuing official or designated representative to order immediate correction or to immediately institute action as provided in the law and in this Subpart:

(1) failure to provide adequate supervision of the swimming pool as prescribed in section 6-1.23 of this Subpart;

(2) failure to provide the minimum disinfectant residual levels listed in various sections of this Subpart;

(3) failure to continuously operate the swimming pool's filtration and disinfection equipment;

(4) use of an unapproved or contaminated water supply source for potable water use;

(5) overhead electrical wires within 20 feet horizontally of the swimming pool;

(6) unprotected electrical circuits or wiring within 10 feet of the swimming pool;

(7) failure to maintain emergency lighting source as required in section 6-1.17(h) of this Subpart;

(8) absence of all lifesaving equipment on swimming pool deck;

(9) swimming pool bottom not visible;

(10) absence of or improper depth markings at a swimming pool;

(11) plumbing cross-connections between the drinking water supply and swimming pool water or between sewerage system and the swimming pool's filter backwash facilities;

(12) failure to provide and maintain an enclosure around the swimming pool area that will prevent access to the swimming pool during the hours in which the pool is not open for use;

(13) use of unapproved chemicals or the application of chemicals by unapproved methods to the swimming pool water;

(14) broken or missing main drain grate in the swimming pool;

(15) overcrowding of the swimming pool that results in poor supervision of bathers;

(16) glass or sharp objects in swimming pool or on deck area; or

(17) any other item determined to be a public health hazard by the permit-issuing official.

(c) Other violations. Violations of other sections of this Subpart or of other Parts of this Chapter are also subject to a penalty upon conviction.

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Section 6-1.5 - Permit for operation

6-l.5 Permit for operation. (a) No municipality, school district, person, group of persons, firm, corporation, association, organization or institution shall operate or maintain or permit the use of any swimming pool and other related facilities without a permit from the permit-issuing official to be issued subject to the provisions of this Chapter and such additional sanitary or safety safeguards as may be required by the permit-issuing official. The permit shall be posted conspicuously at the facility.

(b) Application for a permit shall be made to the permit-issuing official at least 30 days before the expiration of a permit or at least 30 days before the opening of any swimming pool.

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Section 6-1.6 - Variance and waivers

6-1.6 Variance and waivers. (a) Variance. The permit-issuing official may, on written application and after review, grant a variance from a specific provision of this Subpart, subject to appropriate conditions which shall include a time schedule for compliance when such variance is in harmony with the general purposes and intent of this Part, and when there are practical difficulties or unnecessary hardship in complying with such provision.

(b) Waiver. The permit.issuing official may waive, in writing, any of the requirements of this Subpart, and include the waiver as a condition of the permit to operate, when it reasonably appears that the public health will not be endangered by granting of such waiver and adequate alternative provisions have been made to protect the safety of the bathers and the public. A copy of the waiver and description of the alternative provisions shall be submitted by the permit-issuing official to the State Commissioner of Health at the time of issuance. Such waiver shall remain in effect for a period of time concurrent with the operating permit, unless sooner revoked for cause.

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Section 6-1.7 - Injury and illness incident reporting

6-1.7 Injury and illness incident reporting. A full report of any injury or illness incident occurring at a swimming pool shall be reported by the pool owner/operator to the permit-issuing official within 24 hours of its occurrence, and a notation recorded in a log book. This shall include all incidents occurring at a bathing facility which: (a) result in death; (b) require resuscitation; (c) require referral to a hospital or other facility for medical attention; or (d) is a bather illness associated with bathing water quality.

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