Attachment C _ DeKalb Public Health Standards.pdf

The Code of DeKalb County, Georgia

Chapter 13, Article VIII, Sections 13-181 through 13-218

Swimming Pools, Spas and

And Bathhouses

Adopted June 20, 2006

ATTACHMENT C

AN ORDINANCE

A ORDINANCE TO AMEND THE CODE OF DEKALB COUNTY,

GEORGIA, CHAPTER 13, ARTICLE VIII, PERTAINING TO

SWIMMING POOLS, SPAS AND BATHHOUSES AND FOR OTHER

PURPOSES

WHEREAS, the governing authority of DeKalb County is charged with protecting the life, health, safety, property and welfare of the citizens of DeKalb County; and

WHEREAS, the governing authority finds that with new types of pools and new devices and features being installed in pools and at water theme parks in DeKalb County, the existing pool regulations are insufficient to protect the life, health, safety and welfare of the citizens of

DeKalb County; and

WHEREAS, the governing authority finds that it is necessary to require that the latest scientific methods to protect safety, guard against bodily injury, enhance bacteriological filtration, and to prevent disease transmission be employed in the operation of pools and water theme parks in DeKalb County.

NOW THEREFORE, BE IT ORDAINED, by the Governing Authority of DeKalb

County, Georgia, and it is hereby ordained by the authority of same that Chapter 13, Article VIII, of the Code of DeKalb County, Georgia is hereby amended by the deletion of Sections 13-181 through 13-245 and the insertion of new sections 13-181 through 13-218 to read as follows:

PART I. ENACTMENT

By amending Chapter 13 Article VII of the DeKalb County Code by deleting the current Section 13-181 through 13-245 and by inserting in lieu thereof a new Section 13-181 through 13-218 to read as follows:

STATEMENT OF PURPOSE

This ordinance is intended to govern the construction, renovation and operation of public swimming pools, spas, bathing places and bathhouses in DeKalb County, Georgia. Unless otherwise noted, any and all references shall be deemed to be “by the department,” namely, DeKalb Public Health. All elements of this article shall apply to all pools, except where additional provisions are noted for specific pool types or features.

ARTICLE VIII. SWIMMING POOLS

Sec. 13-181. Definitions

For the purposes of this article, certain terms and words are hereby defined. Where words are not therein defined, but are defined in section 1-2, those words shall have the meaning as defined therein. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Abandoned pool” means a pool which the owner and/or permit holder has permanently ceased using (usually resulting in a nuisance) or a pool upon which the pool contractor or builder has ceased construction.

“Approved” means accepted or acceptable to the department based on a determination of conformity with this article and principles, practices and generally recognized standards that protect public health.

“Barrier” means a fence, wall, building wall, or combination thereof, which completely surrounds the pool area and effectively obstructs access into the pool area.

“Bather” means any person, wearing bathing attire, using a pool, spa, hot tub or other bathing facility and adjoining deck area for the purpose of water sports, recreation, therapy or related activities. Bather is also referred to as a user.

“Bathhouse” means a facility that contains toilet rooms, shower rooms, and dressing rooms to be used by swimmers before and after swimming for the purpose of dressing and/or hygienic bathing.

“Bathing load” means the maximum number of bathers allowed within the pool enclosure based on the amount of the pool’s water surface area.

“Certified Pool Contractor” means a person who:

(1) engages in the design, construction or renovation of a swimming pool governed by this article; and

(2) has passed an examination demonstrating their familiarity with this article; and

(3) consistently complies with this article; and

(4) possesses a current business license and valid certification from the department.

“Closed pool” means a pool, including all areas within the pool enclosure, that are inaccessible to bathers by closing and securing all entry points into the pool enclosure, and is posted with a conspicuous sign “pool closed” at each entry point, as ordered by the department.

“Deck” means the areas immediately adjacent to a pool, including the coping, that are constructed specifically for bathers to stand, walk or sit upon.

“Department” means DeKalb Public Health or its authorized representative(s).

“Design Flow Rate” means the amount of water in gallons passing a specific point in the pool’s circulation system in a given time in minutes, expressed as gallons per minute

(g. p. m.).

“Handhold / Foothold” means any surface or object that provides a means for traversing the pool barrier, that is greater than 1¼” (one and one quarter inches) in horizontal width and/or is angled less than 45º from horizontal.

“Hypo-chlorinator” means a mechanical/electrical device for dispensing chlorine in a liquid state in measured doses.

“Imminent Health Hazard” means a threat or danger to health or safety that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that merits immediate correction or cessation of operation to prevent injury or illness.

“Interactive play device” means any manufactured apparatus using sprayed, jetted, or other type of water source that contacts bathers in a non-threatening manner.

“Modification” means any repair, change, alteration or substitution made to the pool, pool equipment, decking, bathhouse, pool barrier, or any other area or facility related thereof.

“Major modification” includes, but is not limited to, deck surface refinishing;

filter, pump or chemical feeder replacement; bathhouse floor replacement; plumbing or hydraulic alterations or similar changes that would require a permit.

“Minor modification” includes, but is not limited to, replacement of pressure gauges and flow meters.

“Multi-purpose pool” means a pool which is designed and constructed with a combination of bathing features which includes, but is not limited to, a waterslide, diving well, zero-depth entry, and/or other similar features.

“Not open” means any pool that has been closed by the pool owner, permit holder or designee with all entry points secured and posted with a conspicuous sign that reads “Pool Closed”.

“Permit holder” means the person or entity who possesses a valid permit to operate a swimming pool and is legally responsible for the operation of the swimming pool including, but not limited to, the pool owner, agent for the pool owner, or other such authorized or designated person.

“Person” means any individual, owner, partnership, corporation, entity or association, or designee, including governmental entities.

“Pool Operator” means a person who:

(1) has been trained as a pool operator; and

(2) is responsible for the pool operation; and

(3) is familiar with the pool’s systems and this article

“Private Residential Swimming Pool” means any swimming pool, as defined herein, for use by the members of a single-family residence and invited guests under the control of an individual homeowner, the use of which is not open to the general public.

“Public Spa” means any pool, and all facilities incident thereto, other than a private residential swimming pool, including, hot tubs and recreational whirlpools, primarily designed for individual or small group bathing, which may employ circulated water, tempered water, air-induced bubbles or a combination thereof, and is open for use by the general public, regardless of whether a fee is charged.

“Public Swimming Pool” means any swimming pool, as defined herein, and all facilities incident thereto, other than a private residential pool, for collective use by the general public for swimming, regardless of whether the person be owner, operator, lessor, lessee, licensor, licensee or concessionaire.

“Renovation” means any major modifications as defined in this section of an existing pool and/or facility involving replacement or reconstruction of equipment, pool surface, bathhouse, and/or deck, or similar changes.

“Ritual pool” means a pool in which only baptisms and other similar religious functions are conducted.

“Seasonal pool” means a pool that is opened for a few months during the calendar year, is then closed and reopens the next year during the same time period.

“Slip Resisting” means a surface that has been so treated or constructed to significantly reduce the chance of a user slipping. The surface shall have a minimum coefficient of friction of 0.6 and not be an abrasion hazard.

“Special purpose pool” means any pool designed and used primarily for training, medical purposes, or physical therapy, or exercise.

“Splash pool” means a pool designed and operated primarily to receive bathers from a water slide.

“Spray pool” means an artificial pool or area into which water complying with this article is jetted but is not allowed to settle.

“Surge Device” means a structure and/or mechanical means for automatically compensating for the displacement of pool water from the pool by bathers, waves or similar actions in order to maintain the pool’s normal operating water level.

“Swimming pool” or “pool used in this definition” means a watertight structure composed of concrete, masonry or other approved material and finish, located either indoors or outdoors, which is used or designed to be used by humans for bathing, recreation, diving or other related purposes, together with the buildings, appurtenances and equipment required or used in connection therewith. A swimming pool or pool may be publicly or privately owned, and is operated by a person, as defined in this article, regardless whether or not a fee is charged for admission and use. “Pool” also means any swimming pool, whirlpool, wading pool, spray pool, slide pool, multi-purpose pool, zero-depth entry pool, interactive play attraction, or special purpose pool. Ritual pools are excluded from this article. Pools serving two or less private residences are excluded from this article except for pool barrier/fencing and septic system review.

“Turnover rate” or “turnover” means the period of time required to circulate a volume of water equal to the pool capacity.

“Wading pool” means any pool used or designed to be used for dipping and bathing.

“Wave pool” means a pool that has a mechanical means for generating waves at one end of the pool, typically the deepest portion, with the undulations ending at the other end of the pool, typically a zero-depth entry point.

“Watercourse pool” means a “pool” as defined in this section in which water is moving continuously from one point to another, which users may be partially or wholly submerged, and users may float with or without inner tubes, rafts, or other similar approved water flotation devices. This type of pool is commonly known as a lazy river.

“Water slide,” “slide,” or “flume” means any device having a water channel, for users to enter into a splash pool.

“Weir” means a flap within a skimmer that adjusts automatically to small changes in water level and assures a continuous water flow to the skimmer.

“Whirlpool” means a pool, spa, hot tub, or other similar structure, which may be used in conjunction with tempered water and air induction or high velocity water circulation systems, and designed for use by a small number of bathers. (Whirlpools that are emptied and cleaned after each individual use are exempt from regulation under this article.)

“Year-round pool” means a pool that is opened and available for use throughout the calendar year.

“Zero-depth entry pool” means a type of pool in which the pool floor intersects the pool water surface.

Sec. 13-182. Purpose and Findings a.) This article contains regulations establishing minimum standards governing the use and maintenance of swimming pools and structures; establishing minimum standards governing supplied utilities and facilities and other physical things, and conditions essential to make swimming pools and surrounding premises safe, sanitary and fit for human use; establishing minimum standards governing the condition and maintenance of swimming pools and structures; fixing certain responsibilities and duties of owners, operators and attendants of swimming pools; authorizing the inspection of swimming pools and structures and providing for the condemnation of all swimming pools and structures deemed unfit for human use.

b.) This article shall be known and may be cited as the DeKalb County swimming pool regulations.

c.) The purpose of this article is to provide basic and uniform standards governing the construction and maintenance of swimming pools and related structures and premises located within DeKalb County, Georgia. Such purpose further provides the establishment of reasonable safeguards for the safety, health and welfare of the attendants and users thereof and of the general public.

Sec. 13-183. Permit required a.) Permit required. No person shall construct, operate or modify a pool without having first applied for and received a valid permit from the department. The permit issued shall be valid until suspended, revoked, or has expired. Failure to pay a permit fee, which includes failure due to returned checks for insufficient funds, shall be a violation of this article and shall invalidate the permit accordingly.

b.) Other approvals. Any person constructing, operating or modifying a pool must comply with all other applicable regulations and codes.

c.) Use restrictions. The department may set use restrictions on any pool and shall require the permit holder or authorized agent to post appropriate compliance notices conspicuously in public view. The department shall post signs or require signs to be posted prohibiting or limiting the use of any pool for non-compliance with this article. Signs that are property of the department shall be removed only by the department. No person may enter the pool enclosure while the pool is posted “Closed” except an employee or agent of the department or other authorized personnel. The pool area shall remain closed until permission to reopen is requested from the permit holder or designee and permission is granted by the department.

d.) Wastewater discharge. Direct discharge of polluted waters, such as drainage from overflow facilities, filter backwash waters or contaminated pool drainage from any public or residential pool shall not be made to any outlet or to any portion of the public storm drain system, or to any natural stream or to any body of water or ground surface within the jurisdiction of the board, unless otherwise approved by the director; except that discharge from private residential pools may be discharged on the ground surface, provided the discharge is confined to the pool owner’s property and does not result in a nuisance.

e.) Construction or modification without approval. Any pool constructed or modified without the prior written approval of the department shall be subject to compliance with the current code.

Sec. 13-184. Compliance Requirements

a) Department inspections. The department shall conduct periodic inspections at each pool to insure that good operating practice is employed and that standards are maintained in compliance with this article. The department shall order the pool permit holder or operator to immediately cease operation whenever the department determines that the pool related facilities and/or appurtenances are not in compliance with this article, or for non-payment of fees. A fee shall be charged for each re-inspection, if necessary, after the initial and follow-up inspections following the closing of a pool. Additional inspections of a pool shall be performed as necessary to ensure compliance with this article. Representatives of the department, after proper identification, shall be permitted to enter any pool area during hours of operation for the purpose of performing inspections to determine compliance with this article.

b) Inspection reports. Findings made during an inspection shall be recorded on an inspection report form. The inspection report shall also summarize the requirements of this article. A copy of the completed inspection report form shall be furnished to the owner, permit holder and/or designee at the conclusion of the inspection. The current inspection report shall be displayed in a conspicuous place where it is easily readable by the public upon entry into the pool area. The report is not to be removed until a new report is issued.

c) Additional Documentation. In addition to the inspection report findings, other evidence of non-compliance with this article may also be documented via photographs, samples, and any other means of documentation deemed necessary by the department.

d) Routine Compliance. Corrective actions for pools shall be implemented when any violations are found to exist, as outlined in the department’s current “Enforcement Policy.”

e) Imminent health hazard. When an imminent health hazard is found to exist, corrective actions for pools shall be implemented as ordered by the department, and shall include immediate cessation of operation until the facility is determined by the department to be in compliance with all provisions of this article. Failure of the owner, permit holder and/or designee to comply with the corrective action plan and immediate cessation of operation of the pool shall subject the pool to immediate closure by the department. The following conditions shall be considered as or contributing to an imminent health hazard:

(1) The amount of disinfectant in the pool water is above the maximum or below the minimum level; and

(2) Inability to clearly see the main drain(s) or the inability to distinguish the type, shape, or number of grate openings in the pool; and

(3) Missing essential safety equipment, including but not limited to, life ring and/or rope, Shepherd's hook, or the existence of an inoperable pool phone; and

(4) Barrier not effective; and

(5) any other condition deemed to be an imminent health hazard by the department including, but not limited to, the following: bathing load exceeded; occurrence of fecal matter, blood or vomitus incident in the pool; sanitary facilities not functioning properly or in an unsanitary condition; safety hazards.

f) Procedure when infection is suspected. When the department has reasonable cause to suspect possible disease transmission, it may require any or all of the following measures, and any other actions necessary to be taken by the permit holder or authorized agent:

(1) The immediate exclusion of any suspected person from the pool; and

(2) The immediate closing of the pool concerned until, in the opinion of the department, no further danger of disease transmission or outbreak exists; and

(3) Adequate medical and laboratory examination as deemed necessary.

g) Accident reporting. All drownings or near-drownings, and all disembowelments or near-disembowelments shall be reported in writing within twenty-four (24) hours of the occurrence to the department and shall fully describe the incident. A copy of the paramedic, EMT, medical examiner or police report, if any, shall also be forwarded to the department with the report.

h) Fecal or vomitus accidents. In order to prevent a fecal or vomitus accident in a pool, the permit holder or designee shall follow the department’s current “Recommendations for Reducing the Risk of E. Coli Transmission in a Swimming Pool”, which is adopted and incorporated herein by this reference. The permit holder or designee shall properly eliminate the possible contamination of bathers when a fecal, vomitus or blood accident occurs in a pool, by following the department’s current “Recommended Procedures for Managing Fecal Accidents or Contamination with Vomitus or Blood in a Swimming Pool”, which is adopted and incorporated herein by this reference.

i) Suspension or Revocation of permit. The department shall have the authority to suspend or revoke any permit for failure to comply with the provisions of this Article. When an application for a permit is denied or a permit previously granted is to be suspended or revoked, the applicant or holder of the permit must be notified in writing, specifically stating any and all reasons why the action is to be taken. Suspension is effective upon service of a written notice at the address on file with the department for the operator, permit holder or by hand delivery thereof, and pool operation must cease immediately. The notice must state the basis for the suspension and advise the owner, permit holder, or designee of the right to a preliminary hearing to be conducted by an experienced supervisory level employee of the department not directly involved in the suspension. The request for a preliminary hearing by the permit holder must be requested in writing within ten (10) days of being served with the suspension or revocation notice. If requested, the preliminary hearing must be held within twenty (20) days of the request. The formal rules of evidence will not apply, but both, the department and the owner, permit holder, or designee may present and cross examine witnesses, introduce records and exhibits and make argument. The hearing official will be authorized to rescind or modify the suspension with conditions, or to continue the suspension, with or without conditions. If the suspension is not rescinded, the owner, permit holder or designee shall have ten (10) days to make written request for an additional evidentiary hearing before the director or her/his designee. If requested, the de novo evidentiary hearing must be held within thirty (30) days of the written request. If a hearing is not requested, upon correction of all violations, the owner, permit holder, or designee may request an inspection to reinstate the permit. The department may revoke any permit to operate a pool if the owner, permit holder or designee does not comply with the requirements of this article; if the operation of the facility does not comply with the requirements of this article;

or if the operation of the pool otherwise constitutes an imminent health hazard or safety hazard to the public.

j) Service of notice. A notice of hearing is properly served when it is hand delivered to the owner, permit holder, or designee, or when it is sent via certified or regular U.S. mail, return receipt requested, to the last known address of the owner, permit holder, or designee. A copy of the notice shall be filed in the records of the department.

k) Content of Notice. All notices shall state the date, time, place, and nature of the hearing, and shall be filed in the records of the department.

l) Hearings. Hearings shall be conducted at a time and place designated by the department. Any oral testimony given at a hearing shall be recorded verbatim via electronic recording device, and the hearing officer may make provisions for sufficient transcription and copies of the recording upon request. The hearing officer shall make a final determination based upon the complete hearing record and shall sustain, modify, or rescind any notice or order considered in the hearing.

The decision of the hearing officer shall be final. A written report of the hearing decision shall be furnished to the owner and/or permit holder by the department.

Sec. 13-185. Construction approval a.) Plan review. Upon request, the department shall provide construction application forms and hydraulic analysis forms for the approval of pool construction. All applications and any supplemental data shall be submitted to the department for review.

(1) Plan preparation. All drawings, specifications and data as required by the department shall be prepared and submitted by a certified pool contractor.

(2) Plan details. Complete plans and details of the pool construction project shall meet the requirements as set forth in the department’s current, appropriate pool “Plan Review Construction Checklist” shall be accompanied by prints, including a hydraulic analysis of the pool piping and circulation equipment, samples of pool and/or flooring tiles or other surfacing materials, and manufacturer’s cut sheets and/or specifications on all equipment. Prints or drawings shall comply with standard architectural/engineering practice, and shall bear identification of the certified pool contractor. Other additional data or information may be required by the department to clearly demonstrate and document the work to be undertaken. Minimum print scale shall be one-eighth inch per foot (⅛” / 1’) architectural, or one inch per ten feet (1” / 10’). A copy of approved pool plans shall be maintained on the premises in the pool office or equipment room.

(3) Additional data. Additional data required by the department for the purpose of clarification, anticipated use of the pool or to support any changes in design or scope of the project must be submitted prior to issuance of a permit to construct.

(4) Changes to plans. Once a construction permit has been issued for a pool, construction must be in accordance with approved plans and specifications. Should any changes in the plans become necessary during construction, a letter, describing any changes, revised plans and specifications from the certified pool contractor, shall be submitted to the department for review and approval prior to initiation of such changes. Previously submitted plans shall not be altered without prior approval from the department.

(5) Plan review fee. A plan review fee shall be remitted to the department with the plans in accordance with the department’s current fee schedule. A fee shall be charged for each additional major or minor plan re-submittal after the initial and follow up review in accordance with the departments’ current fee schedule.

(6) Construction security. All pool construction shall be identified by maintaining a visible indication of possible hazard (flagging or “caution” tape, tree save fence, etc.)

until the work is completed.

b.) Certified pool contractor. The certified pool contractor shall be responsible for ensuring that all pool construction is performed in accordance with this article but not for work which is outside his scope and shall be subject to the following conditions:

(1) Certification. Certification shall be obtained by passing a written examination administered by the department or by a department recognized and approved for reciprocity.

(2) Certification Renewal. Renewal of certification shall be completed every five (5) years and prior to the contractor’s certification anniversary. Certification renewal will be dependent upon the certified pool contractor’s past performance, compliance with this article, and completion of mandatory continuing education conducted and/or accepted by the department within the five (5) year certification renewal period.

(3) Fee. A fee shall be remitted to the department with a completed application for certification. A fee shall be remitted for renewal of certification within the five (5) year period and prior to certification expiration in accordance with the department’s current fee schedule.

(4) Abandoned construction. A certified pool contractor shall not abandon an incomplete installation without notification within 45 days of such event; such notification may not absolve the certified pool contractor of any liability which he/she might otherwise be subject unto for the abandonment.

(5) Suspension and revocation. A pool contractor’s certificate may be suspended or revoked by the department upon a hearing to determine any violation of any of the requirements of this article pertaining to certified pool contractors.

(6) Duration of suspension and revocation. Suspension of a pool contractor’s certification shall be levied for a minimum of one year. Revocation of a contractor’s certificate shall be levied for a minimum of five years. Two suspensions within a five-year period shall be grounds for permanent revocation. A pool contractor with a suspended or revoked certificate shall not be allowed to submit plans for construction nor construct any pool covered by this article.

(7) Appeal. A certified pool contractor may appeal in writing prior to the effective date of the suspension or revocation of their certificate. If notice of appeal of the pool contractor is timely filed with the department he or she will be afforded an opportunity for a hearing before this department to show cause why this certificate should not be suspended or revoked. The decision by the department shall be based on the certified pool contractor’s performance and shall be final.

(8) Listing. The department shall maintain a current listing of certified pool contractors which shall include their last known mailing address.

(9) Inactivity or change. A certified pool contractor who has not presented pool construction plans in the metro Health Districts for a period of two years or longer must be re-certified prior to the department’s acceptance of their submittal of plans or applications to construct pools. Any certified pool contractor who has a change in employment or address must notify the department in writing within thirty (30) calendar days from the date of the change.

(10) Inspections. A certified pool contractor must request a piping inspection and pressure test, a final construction inspection and, if necessary, any re-inspection of a newly constructed pool that they are responsible for prior to issuance of a permit to operate. A permit to operate will not be issued until all required inspections are completed. The certified pool contractor or his or her authorized representative shall be present at the site for each of these inspections.

(11) Instructions. Upon completion of construction and/or prior to the operation of any pool, the certified pool contractor shall give the permit holder complete oral and written operational instructions for the pool, on all of the pool equipment, on water chemistry, maintenance procedures, and other related information.

c.) Preliminary plan review. The owner or agent for the owner may request a preliminary review of the plans by the department without obtaining a permit to construct the pool. A fee shall be charged for this consultation service, in accordance with the department’s current fee schedule.

d.) Other agencies’ approvals. All work must be inspected and approved by all appropriate agencies prior to issuance of a permit to operate.

e.) Piping inspection. All pool piping shall be completely exposed and subject to an induced, static water, air, or water/air pressure test at a minimum of fifty pounds per square inch (50 p.s.i.) for a minimum of thirty (30) minutes and shall be inspected by the department prior to being covered by earth, deck or the pool structure. If there are any variations from the approved plans and specifications, such variations must be brought into conformance by the certified pool contractor in accordance with the approved plans. Plans and specifications detailing the variations or changes must be submitted for a construction permit revision prior to continuance of construction.

f.) Final construction inspection. The department shall conduct an inspection before final pool construction approval. If the construction is not approved on the initial inspection and first follow-up inspection, then a fee shall be charged for each additional inspection until a final approval is granted.

g.) Invalid permit. If construction is not commenced within one year from the date of approval, the construction permit expires and the project must be resubmitted to the department for approval. A written request for an extension of time prior to the expiration of the permit to commence construction may be approved by the department if no changes to the project are proposed or required.

Sec. 13-186. Modification approval.

a.) Modification approval. An application to modify a pool must be submitted to and approved by the department prior to the modification being made. All modifications shall be in accordance with plans and specifications approved by the department. Changes in an approved project may be made only after written approval and the written consent of the department. Any additional data required by the department for purpose of clarification, anticipated use or to support the design or scope of the project must be submitted prior to issuance of a permit to modify. Permits to modify are not transferable. A permit to modify a pool is required before any major modification. Modification permits shall be effective for twelve (12) months from date of issuance or until the expiration date on the permit. Written notification shall be made to the department for all other modifications. Replacement of existing equipment with the same equipment

(i.e., same manufacturer, model number and capacity) will not require a permit to modify. If the replacement equipment is not the same as the existing equipment, then a permit, along with submittal of the fee, specification sheet(s), and any other data deemed necessary by the Department, is required prior to commencement of any work.

b.) Invalid permit. If modifications are not commenced by the expiration date of the permit, the permit expires and the project must be resubmitted to the department before work may commence. A written request for an extension of time prior to the expiration of the permit to commence a modification may be approved by the department if no changes to the project are proposed or required.

c.) Fees. A permit fee shall be submitted with the application for a major modification. A fee shall be charged for each re-inspection, if necessary, after the initial and follow-up inspections.

Sec. 13-187. Operational approval.

a.) Permit required. No person or permit holder shall operate a pool without having first applied for and obtained a valid permit to operate from the department. A permit to operate a pool may be suspended or revoked for any violation of this article. Operating permits will become invalid as indicated by the permit expiration date. Valid operating permits shall be conspicuously posted for public viewing in the pool area as close to the entrance as possible. Any swimming pool operating without a valid permit from the department shall be subject to immediate closure.

b.) Permit nontransferable. Permits are not transferable from one person to another or from one entity to another. If the permit holder is changed, then the current permit to operate the swimming pool is invalid and a new permit to operate is required.

c.) Permit, current inspection report, and certified pool operator’s certificate displayed. The operating permit shall be framed and displayed in a conspicuous place as close to the pool entrance as possible such that it is easily readable by the public at all times. The current inspection report from the department shall be displayed in a conspicuous place where it is easily readable by the public at all times. A copy of the pool operator’s certificate shall be conspicuously displayed near the operating permit.

d.) Operating instructions. All instructions necessary for the proper operation and maintenance of all pool equipment and appurtenances must be easily accessible, readable and conspicuously posted in the filter or equipment room.

e.) Fees. For any pool a fee shall be submitted with the application for a permit to operate a pool. Permits are not transferable from one person to another or from one entity to another. If the permit holder is changed, then the current permit to operate the swimming pool is invalid and a new permit to operate is required. For any pool that is in operation beyond the permit expiration date without permission from the department, the fee for an application for a permit to operate shall be doubled, in accordance with the current fee schedule.

f.) Pools not in use/abandoned pools. Any pool that is closed, not open, not in use or operation, or seasonal pools that are closed until the next swim season, shall be maintained in a safe and sanitary condition. The owner, permit holder or designee for any abandoned pool shall create an opening through the shell of the bottom of the pool for drainage and fill the entire pool with clean earth. Neither an abandoned pool nor any pool not in use shall be allowed to create a nuisance under law.

Sec. 13-188. Construction.

a.) Finish and materials. Pools shall be constructed of inert, impervious, durable, non-toxic materials that will provide a smooth, watertight and easily cleanable surface. All horizontal, interior pool surfaces at pool depths of five feet (5') or less, including steps, benches, or seats, shall be non-slip. The surface shall have no cracks or open joints and interior corners shall be coved. Except for water line tiles, maximum twelve inch (12”) wide racing lane markers, or wall turn targets, the surface below normal water level shall be finished in a very light color. Vinyl pool liners are prohibited. Rough and abrasive materials are prohibited. Any pool with a metal-based shell or utilizing dissimilar metals shall be provided with sacrificial anodes or other approved means to reduce galvanic action and electrolytic corrosion. There shall be no extensions, means of entanglement or other obstructions in the pool that may cause entrapment or injury to the user.

b.) Design. Pools shall be constructed to provide adequate water circulation, bather access and egress and to afford proper operational control. Pool proportioning between deep and shallow water shall be in accordance with the anticipated uses of the pool, with sound engineering and public health design and construction principles in accordance with (see Appendix - Figure #1 Minimum / maximum dimension requirements) the ANSI Standard for Public Swimming Pools. No pool(s) shall be constructed in a manner that limits the use of life saving equipment, limits the pool operator’s ability to supervise the facility or creates a hazard to bathers. No pool shall have more than 20% of its perimeter elevated continuously. Vertical edged corners and all protrusions greater than six inches (6’) below water level shall have a minimum three-inch (3’) radius. Horizontal edges and corners of steps, benches, seats, and similar surfaces shall have a minimum one-inch (1”) radius. The wall-to-floor juncture shall be coved with a minimum three-inch (3”) radius. Interior walls shall be vertical and shall not be greater than eleven degrees (11º) from plumb.

c.) Size. The minimum pool surface area shall be five hundred square feet (500 s. f.), except where otherwise described in this article. Calculations for determining size of a pool and the number and type of associated facilities shall be based on the maximum bathing load. Pool usage shall not exceed the maximum bathing load.

The bathing load shall be calculated on the basis of one person for each ten square feet (10 s.f.) of pool surface area where the depth is less than or equal to five feet (5’); one (1) person for each twenty square feet (20 s.f.) of pool surface in that portion where the depth exceeds five feet (5’) approved diving area; and 1 person for every three hundred square feet (300 s.f.) where depths exceed five feet (5’) and one or more diving boards/platforms are installed. The department shall determine the bathing load for any pool that is designated as a “Special Purpose” pool, any pool with use restrictions, or pools serving facilities with no dwelling units. Pool bathing load shall be determined by the department based on the anticipated usage and assessment of other, similar facilities.

d.) Depths. Minimum water depths shall be determined by the intended use of the pool. Depth at the slope-break shall not be greater than five feet (5’) for pools with depths exceeding five feet (5’). In the diving well, depth shall be as stipulated in the ANSI Standard for Public Swimming Pools Section entitled “Diving” and in accordance with the minimum specifications as indicated in the (see Appendix – Figure #2) “Minimum Water Envelopes” from the same standard.

(1) Depth markers. Permanent, easily-readable, depth markers shall be provided with minimum four inch (4”) high, black numbers and letters with a white background, indicated in feet and, when applicable, in inches (i.e., 5 FT or 5 FEET;

3 FT 6 IN or 3 FEET 6 INCHES). Metric depth markings can be used in conjunction with, but not substitute for, required depth markers. The depth of water shall be indicated on the vertical pool wall at or above the waterline. Depth markers shall indicate the actual pool depth within three inches (3”) at normal operating water level when measured three feet (3’) from the pool wall or at a tangent point where the cove radius meets the floor, whichever is deeper. Depth markers on the vertical pool wall shall be positioned to be read from the waterside.

Depth markers shall be placed in such a way that they allow as much of the numerical value to be visible above the waterline as possible. Deck depth markers shall be installed within eighteen inches (18”) of the pool wall and positioned to be read while standing on the deck facing the pool water. Horizontal depth markers shall be slip resisting.

Depth markers shall be installed at the maximum and minimum water depths and at all points of slope change.

Depth markers shall be installed at intermediate increments of water depth not to exceed two feet (2’). Depth markers shall be spaced not to exceed twenty-five feet (25’) intervals. Depth markers shall be arranged uniformly on both sides and both ends of the pool. Depth markers on irregularly-shaped pools shall designate depths at all major deviations in shape.

(2) “No diving” markers. Deck areas at the shallow portion of the pool or where pool depths are five feet (5’) or less shall be permanently marked “No Diving” in black letters with a white background with minimum two inch (2”) high lettering, each warning spaced evenly around the pool perimeter, located next to depth markers “No Diving” markers shall be easily readable and slip resisting. An international “No Diving” symbol may be used in conjunction with, but not in lieu of approved, lettered, “No Diving” markers. “No Diving” markers shall be installed within eighteen inches (18”) of the pool wall.

e.) Bottom slopes. The pool floor shall slope uniformly and continuously from the shallow point of the pool at a maximum of one foot in twelve feet (1’/12”) to the deep point, the slope break, or other approved depth change. In pools with depths exceeding five feet (5’), the floor shall have a maximum uniform slope of one foot in three feet (1’/3’), see Appendix – Figure #1 – Minimum/maximum dimension requirements. Each pool shall be constructed to facilitate complete drainage of the pool.

f.) Steps and ladders. Steps and/or ladders shall be in such number and location as to provide bathers safe egress from the pool. They shall have an easily-cleanable, corrosion-resistant, impervious material, with treads that have a non-slip finish, and shall be self-draining. Steps shall have a maximum riser height of twelve inches (12”) and a minimum tread depth of twelve inches (12”) with a minimum unobstructed width of twenty inches (20”) on both sides of each step. All steps shall have handrails anchored in the bottom step and extended over the coping and anchored in the deck, or a handrail double anchored in the deck that extends out to the center of the bottom step with a maximum height of six inches (6”) above the normal water level at that point. Recessed step treads shall have a uniform vertical spacing of twelve inches (12”) maximum and seven inches (7”) minimum, with a minimum depth of five inches (5”) and minimum width of twelve inches (12”). The maximum distance from the coping edge to the upper tread shall be twelve inches (12”). Recessed treads shall be self-draining. Each set of recessed treads shall be provided with a set of handrails or grab rails to serve all treads. An additional step or ladder will be required for each additional seventy five feet (75’) or major fraction thereof of pool perimeter over one hundred and fifty feet (150’). Steps shall be clearly and permanently marked on the horizontal surface, within two inches (2”) of the step edge, by a minimum 2” dark, continuous line of slip resisting tile.

g.) Benches and seats. Benches and seats shall be clearly and permanently marked on the horizontal surface within two inches (2”) of the step edge, by a minimum 2” dark, continuous line of slip resisting tile.

h.) Decks. A deck no less than five feet (5’) in width, as measured from the inside wall of a pool, shall surround a minimum of 65% of the pool perimeter. No non-deck area shall exceed 20 feet or 20% of the pool perimeter whichever is less.

Where immediate access to the pool from the deck or from the deck to pool is prohibited or limited by the extended height of a pool wall, a column, or other structure, a stainless steel grab rail shall be installed continuously along the entire pool wall, at the normal water level, in the areas where access is prohibited or limited.

(1) Minimum deck width. A minimum of four feet (4’) of unobstructed deck is required behind diving boards and platforms as measured from the edge of the board’s or platform’s ladder or handrail, whichever is the greatest distance. A minimum of ten feet (10’) of complying deck shall separate a pool from any other pool.

(2) Minimum deck area. The minimum, complying deck area required shall be equal in size to or greater than the pool surface area.

(3) Deck surface. The required deck shall be unobstructed in all directions and shall be constructed at the same elevation as the outside edge of the coping. Minimum vertical clearance throughout the deck area shall be six feet, eight inches (6’ 8”), except the ceiling for an indoor pool, which shall be eight feet (8’). The deck shall be light-colored, slip resisting, easily cleanable and drain properly. Rough and abrasive surfaces are prohibited. Prohibited deck surfaces include gravel, pea gravel, epoxy gravel, wood, carpeting, and vinyl. A sample of the deck surface material shall be submitted, other than broom-finished concrete, for approval prior to installation.

(4) Deck slope and drainage. Decks shall have a minimum transverse slope of one-quarter inch (¼”) per foot and a maximum of one-half inch (½”) per foot away from the pool or toward deck drains. The plane of the deck surface shall be uniform, with no steps, curbs, or similar structures, within the minimum required, complying deck area. Decks shall not retain any standing water greater than one-eighth inches (⅛”) in depth or greater than one (1) square foot of area for a period of time not to exceed twenty (20) minutes.

Deck drainage shall not be incorporated with any pool water or any potable water source. Deck drain grates shall be secured, yet easily removable with an appropriate tool to facilitate cleaning the drains. Adjacent areas to the deck and walkway(s) within the pool enclosure shall be safe and well drained.

(5) Coping. A coping block made with a bull nosed, raised projection or other approved design, with a minimum one inch (1”) radius, shall be installed along the entire perimeter of the pool except at the entry point for zero-depth entry pools. The coping shall not retain any water.

The coping shall be considered as pool decking.

(6) Hose bibs. Hose bibs, with backflow prevention, shall be installed within the pool enclosure and located no more than one hundred feet (100’) apart.

(7) Deck joints and gaps. The maximum gaps in decks, between pool decks and the coping, or between other decks or walkways, shall be one half inch (½”) of horizontal clearance with a maximum vertical elevation of one quarter inch (¼”). Control joints in decks shall be provided to minimize the potential for cracks. Construction joints where pool coping meets concrete deck(s) or other adjacent structures shall be watertight.

(8) Deck edges. The edge and corners of deck(s) shall be rounded, tapered or designed and constructed to eliminate sharp corners.

(9) Trash receptacle. A minimum of one (1) covered and lined trash receptacle shall be provided and placed in a convenient location in the pool area.

i.) Construction tolerances. The certified pool contractor shall state on the plans of a pool that construction and design tolerances shall comply with the current edition of the ANSI/NSPI-1, “American National Standard for Public Swimming Pools.”

Sec. 13-189. Water quality and sanitation.

a.) Water source. Water supplied to the pool, bathhouse, drinking fountain, hose bibs, or any other water supply or outlet shall be supplied from a community water supply regulated under the Georgia Safe Drinking Water Act of 1977 (Act 231 O.CG.A. section 12-5-170 (Federal Safe Drinking Water Act PL 93-523). Water supplied to the pool must be delivered through a fill spout with a minimum three inch (3”) air gap, installed at least two (2) pipe diameters above the rim of the pool or surge chamber, and located so as not to create an obstruction on the deck or through an approved make-up water system that is installed in a location which is readily accessible for inspection, repair or testing.

b.) Backflow prevention. Approved backflow prevention must be provided on all potable water lines.

c.) Pool water. A sufficient number of samples may be taken, whenever the department deems necessary, to affirm, via bacteriological analysis, that the pool water meets the requirements in this article. Samples shall be taken while the pool is in use during the peak bathing load.