Title: 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.

Volume

VOLUME A (Title 10)

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