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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2015

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16 DE Admin. Code 4464
Copies of the proposed regulations are available for review in the August 1, 2015 edition of the Delaware Register of Regulations, accessible online at: http://regulations.delaware.gov or by calling CEHS at (302) 744-4546.
“Approved” means acceptable to the Division, unless stated otherwise, based on its determination as to conformance with appropriate standards and good public health practices.
“Approved Pool Operator” means a person who is at least eighteen (18) years of age and has successfully completed pool a operator training course which is approved by the Division.
“Attendant” means a person who meets the training requirements of the Division specified in Section 7.7.
“Attendant on Duty” means an attendant who is either at poolside or in the pool (special situations), visually guarding the life of the bathers. An attendant on duty shall not be assigned other duties that will distract his/her attention from proper observation of the bathers, or prevent the rendering of immediate assistance to someone in distress. In facilities with a spa pool(s) (SpP) only it means an attendant who is on the premises and can be easily located and summoned to render assistance to someone in distress. If the attendant is not in direct view of the spa pool when it is open, he/she shall be located such that the poolside alarm required by Section 7.19 can be easily heard.
“Beneficial Owner” means an ownership interest in the entity owning the pool through direct ownership of the real property where the pool is located, direct ownership of stock in a stock corporation owning the real property where the stock represents an equity interest in the corporation, or direct ownership through being a member in a limited liability company (L.L.C.) or a partner in a partnership owning the real property upon which the pool is placed.
“Competitive Diving” means either the training of divers or an actual diving competition among trained divers, which is sanctioned by the Federation Internationale de Natation Amateur (FINA), the National Collegiate Athletic Association (NCAA), the National Federation of State High School Associations (NFSHSA) or United States Diving Inc. (USD). The institution which is sponsoring the diving training or diving competition shall be responsible for the hiring of a qualified person(s) who is competent and knowledgeable in the areas of diving mechanics and safety. This person(s) shall be present at every practice session and competition in order to ensure proper training, supervision and safety.
“Cyanuric Acid” means a chemical added to pool water intended to counteract degradation of the chlorine residual by ultraviolet light.
“Director” means the Director of the Division of Public Health or an authorized agent.
“Diving” means a head first entry into a body of water.
"Division" means the Division of Public Health of the Department of Health and Social Services, or anyone authorized by the Division as its designated representative, in conformance with 29 Del.C. §7904.
“Fence” means a continuous vertical barrier, either solid, or with openings, holes or gaps not exceeding four (4) inches in diameter or width, completely enclosing the pool area which will prevent the entry of small children and minimize the entry of unauthorized or unwary persons.
“Fixture Set” means one (1) lavatory, two (2) water closets* and 1 shower for each sex. *In the male facilities, up to fifty (50) percent may be substituted with urinals, and if more than one (1) fixture set is required based on water surface area, this is reduced to one (1) water closet (male and female) for the subsequent fixture sets.
“Flume” means an inclined channel or tube which may receive a supply of flowing water and is designed to provide a safe transit path for conveying sliders to a run-out slide, a splash pool or a designated area of a swimming pool (SwP).
“Halogen” means one of the chemical elements chlorine, bromine, or iodine.
“Inactive Pool” means a pool which has been closed for twelve (12) or more continuous months.
“Lifeguard” means a person who meets the training requirements of the Division specified in Section 7.6.
“Lifeguard on Duty” means a lifeguard who is either at poolside or in the pool (special situations), visually guarding the life of the bathers. A lifeguard on duty shall not be assigned other duties that will distract his/her attention from proper observation of the bathers, or prevent the rendering of immediate assistance to someone in distress.
“NTU” means Nephelometric Turbidity Unit which is a means of measuring the water turbidity.
“ORP” means oxidation reduction potential which is an electrical measurement in millivolts (mV) of the strength of the disinfectant (oxidizer). A higher ORP means a higher disinfecting potential.
“Person” means any corporation, company, association, firm, partnership, society, joint stock company or individual.
“Person In Charge” means the/an owner of the pool. This individual shall represent the pool at any hearing scheduled pursuant to 12.0. Every pool shall, upon request, provide the Division with the name of the person(s) in charge and how they can be contacted. An operator, hired by the/an owner, cannot be the person in charge.
“Private Pool” means any indoor or outdoor artificial basin containing a body of water which is used for swimming, wading, diving, recreative bathing, or other aquatic purposes and is not open to the general public, or a limited section of the public, but is intended strictly for the use of the beneficial owner(s) and his/her/their family and/or their guests in either of the following situations:
“Public Pool” means any indoor or outdoor artificial basin constructed of concrete, metal, fiberglass or any other nontoxic, impervious, and structurally rigid approved materials, which contains a body of continuously recirculated and filtered water with automatic disinfection which is used for swimming, wading, diving, recreative bathing, or other aquatic purposes and is open to either the general public, or a limited section of the public, with or without a fee. These Regulations shall not apply to pools that are used by one (1) patron at a time and whose water is completely changed after each patron. A public pool may hereafter be referred to as a pool, a swimming pool, a wading pool, a spa pool, a water slide, or a special purpose pool in these Regulations. Based on the design, size, usage, or other factors, public pools shall be categorized as follows:
“Run-Out Slide” means a flume where the bathers stop in the flume and then exit to the pool deck/walkway.
“Sanitary Survey” means a comprehensive on-site review of the facilities, operation and management of a pool for the purpose of determining whether a safe environment and bathing water of acceptable quality are being provided.
“Secretary, Delaware Health and Social Services” means the Administrator of the Department of Health and Social Services (DHSS) of the State of Delaware, who shall hereafter in this document be referred to as the Secretary, DHSS in conformance with 29 Del.C. §7904.
“Slip Resistant” means a textured surface that is neither conducive to slipping when wet nor abrasive to bare feet and has a minimum static coefficient of friction of 0.6 (measured by an approved method).
“Spa Pool” means a pool containing water greater than ninety five (95) degrees Fahrenheit (oF), which is not emptied after each use, has a maximum depth of four (4) feet, is large enough for the immersion of one person and may have a high velocity air and/or water jet system.
“Special Purpose Pool” means a pool which is used for a specific supervised purpose, and which does not fall into any of the first four (4) categories listed in Section (SwP, WP, SpP, or WSF).
“Splash Pool” means the body of water located at the end of a flume from which bathers exit to the deck.
“Superchlorinate” means the addition to the pool water of an amount of chlorine sufficient to produce a free chlorine residual which is at least ten (10) times the amount of the combined chlorine residual plus the required minimum free chlorine residual, in order to oxidize any ammonia or other nitrogenous materials which may be present in the pool water.
“Swimming Pool Slide” means a commercially manufactured water entry device consisting of an inclined plane (either straight or curved) with a small raised edge (a few inches like a playground slide) which may receive a supply of flowing water, is securely attached to the pool deck and is designed to provide a transit path for conveying sliders to a pool (water slide flumes are not included in this definition).
“Turbidity” means a measure of the clarity or cloudiness of water.
“Turnover” means the circulation, through the recirculation system, of a quantity of water equal to the pool volume.
“Wading Pool” means a familiarization pool for small children that may range in water depth from zero (0) to a maximum of two (2) feet.
“Water Slide Flume” means a water entry device consisting of one or more flumes that discharge into a run-out slide, a splash pool or a designated area of a swimming pool (SwP) (swimming pool slides are not included in this definition).
“Wet Deck/Walkway Area” means any deck/walkway area that may become wet from splash or from bather traffic, the pump/filter room floor and the floors of all sanitary and bathhouse facilities.
H1
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6.6 Disinfection - All pools shall be disinfected with an approved halogen that imparts an easily measured residual and is fed through an automatic feeder that: is NSF listed; is approved by the Division; has approved anti-siphon protection; is capable of providing a dosage of at least ten (10) ppm for outdoor pools and a dosage of five (5) ppm for indoor pools (shall be done on an existing pool when the disinfectant feeder is replaced); and is wired such that it feeds only when the recirculation pump runs (shall be done on all pools which are in existence on the effective date of these Regulations when either the disinfectant feeder or recirculation pump are replaced). A flow-through (erosion) feeder shall feed only the disinfectant(s) specified by the manufacturer. All feeders, with the exception of flow-through feeders, shall add the disinfectant downstream from the filter and heater. All pool disinfectants shall be registered with the U.S. Environmental Protection Agency and approved by the Division. Manual addition of an approved halogen disinfectant shall be permitted only in special situations (e.g. superchlorination), which require that the pool be closed. After this manual addition has been completed, the pool shall remain closed: for at least one (1) turnover and until such time as the chemical is thoroughly and evenly dispersed throughout the pool; and the automatic feeder is operating properly if it was not at the time of the manual addition. Use of gas chlorine shall be prohibited. Use of stabilized chlorine (cyanuric acid) in indoor pools shall be prohibited. In order for any non-halogen to be approved as a stand alone disinfectant, satisfactory performance shall be demonstrated during an NSF evaluation.
7.1 Operation and Maintenance - All pools, their premises, and appurtenances, shall be operated and maintained at all times with regard to the safety of bathers and employees. All plumbing shall be properly installed and maintained. During an electrical storm, use of any pool (indoor or outdoor) shall be prohibited. Alcoholic beverages shall be prohibited in the pool and on the pool deck (area required by Section 3.9). Food and beverages shall be prohibited in the pool and within four (4) feet of the pool edge. Glass or other breakable containers, utensils, etc. shall be prohibited within the pool fence, pool room or bathhouse facilities. Pool walls and floors shall be refinished when safe sanitary conditions cannot be maintained. Any deck/walkway areas that are hazardous to patrons or their bare feet (e.g. tripping, abrasions, splinters, etc.) or do not properly drain, shall be repaired or replaced such that the hazard or drainage problem is eliminated. Any electrical hazard shall be eliminated. All pools which have a slope break, shall install a line of contrasting color one (1) to two (2) feet on the shallow side of the break directly under the safety line that is either: solid and at least two (2) inches wide or intermittent with sections that are at least four (4) inches by four (4) inches and not more than one (1) foot apart on centers. All pools which have steps or benches, shall install a solid marking line of contrasting color which is at least one (1) inch wide on the top surface edge of each pool step or bench. All pools which have any type of overflow gutter or a safety ledge with a submerged protruding edge, shall install a solid marking line of contrasting color which is at least one (1) inch wide on the top surface edge of the gutter.
12.4 Serious Violations, Repeat Violations and General Unsanitary Conditions If serious violations, repeat violations, or general unsanitary conditions exist, the Division may issue and properly serve due notice, by certified mail or by hand delivery, of the intention of the Division to suspend or revoke the permit of a pool. The Division shall, not suspend or revoke a permit of a pool for serious or repeated violations that do not present an imminent health hazard, without having first issued and properly served such notice of intent to suspend or revoke. Within thirty (30) days of the date of such notice of intent to suspend or revoke, the permit holder may submit to the Division a written request for an administrative hearing. The suspension or revocation shall commence upon expiration of the notice of intent, unless within thirty (30) days of the date of such notice, the Division receives from the permit holder a written request for an administrative hearing. If the permit holder makes a timely request for an administrative hearing, the suspension or revocation shall be stayed pending the results of the hearing. A conspicuous, colored placard shall be prominently displayed at all entrances of a pool whose permit stands suspended or revoked.
12.5 Pool Permit Holder Right to an Administrative Hearing Upon due notice that the Division intends to suspend or revoke the permit of a pool as indicated in 12.4, or for other reasons to protect public health, the permit holder may submit to the Division, within thirty (30) days of the date of such notice of intent, a written request for an administrative hearing. When an administrative hearing is scheduled, the permit holder of the pool shall be informed at least five (5) days prior to the hearing of the place, time and date of the hearing and the specific charges against the pool. Notification of the hearing shall be by certified mail or by hand delivery. Failure of the permit holder to be present for an administrative hearing shall result in automatic suspension of the permit and recommendation for revocation.
Any person who neglects or fails to comply with the requirements of these Regulations shall be subject to the provisions of 16 Del.C. 107, and shall be fined not less than $100 and not more than $1000, together with the costs, unless otherwise provided by law.
1.1 Preamble. The Secretary of Delaware Health and Social Services adopts these Regulations pursuant to the authority vested in the Secretary by 16 Del.C. §122. These Regulations establish standards for the sanitary operation of public pools. For the purpose of these Regulations, the term “public pool” as defined in 16 Del.C. §122(1) and (3) (d) and (j). These Regulations provide a system of permitting and inspection of public pools and procedures for enforcement.
Approved” means acceptable to the Division, unless stated otherwise, based on its determination as to conformance with appropriate standards and good public health practices.
Aquatic Facility” means a physical place that contains one or more aquatic venues and support infrastructure.
Aquatic Feature” means an individual component within an aquatic venue. Examples include slides, structures designed to be climbed or walked across, and structures that create falling or shooting water.
Aquatic Facility or Aquatic Venue Enclosure” means an uninterrupted barrier surrounding and securing an aquatic facility or aquatic venue.
Aquatic Venue” means an artificially constructed structure or modified natural structure where the general public is exposed to water intended for recreational or therapeutic purpose. Such structures do not necessarily contain standing water, so water exposure may occur via contact, ingestion, or aerosolization. Examples include swimming pools, wave pools, lazy rivers, surf pools, spas (including spa pools and hot tubs), therapy pools, waterslide landing pools, spray pads, and other interactive water venues.
Increased Risk Aquatic Venue” means an aquatic venue which due to its intrinsic characteristics and intended users has a greater likelihood of affecting the of the bathers of that venue by being at increased risk for microbial contamination (e.g., by children less than 5 years old) or being used by people that may be more susceptible to infection (e.g., therapy patients with open wounds). Examples of increased-risk aquatic venues include spray pads, wading pools and other aquatic venues designed for children less than five years old as well as therapy pools.
Lazy River” means a channeled flow of water of near−constant depth in which the water is moved by pumps or other means of propulsion to provide a river−like flow that transports bathers over a defined path. A lazy river may include play features and devices. A lazy river may also be referred to as a tubing pool, leisure river, leisure pool or a current channel.
Spa” means a structure intended for either warm or cold water where prolonged exposure is not intended. Spa structures are intended to be used for bathing or other recreational uses and are not usually drained and refilled after each use. It may include, but is not limited to, hydrotherapy, air induction bubbles, and recirculation.
Special Use Aquatic Venue” means aquatic venues that do not meet the intended use and design
Attendant” means a person who meets the training requirements of the Division specified in Section 9.7.
Attendant on Duty” means an attendant who is either at poolside or in the pool (special situations), visually guarding the life of the bathers. An attendant on duty shall not be assigned other duties that will distract his/her attention from proper observation of the bathers, or prevent the rendering of immediate assistance to someone in distress. In facilities with a spa pool(s) only it means an attendant who is on the premises and can be easily located and summoned to render assistance to someone in distress. If the attendant is not in direct view of the spa pool when it is open, he/she shall be located such that the poolside alarm required by Section 9.19. can be easily heard.
Automated Controller” means a system of at least one chemical probe, a controller, and auxiliary or integrated component that senses the level of one or more water parameters and provides a signal to other equipment to maintain the parameters within a user-established range.
Backflow” means a hydraulic condition caused by a difference in water pressure that causes an undesirable reversal of the flow as the result of a higher pressure in the system than in its supply.
Bather” means a person at an aquatic venue who has contact with water either through spray or partial or total immersion. The term bather as defined, also includes staff members, and refers to those users who can be exposed to contaminated water as well as potentially contaminate the water.
Bather Count” means the number of bathers in an aquatic venue at any given time.
Beneficial Owner” means an ownership interest in the entity owning the pool through direct ownership of the real property where the pool is located, direct ownership of stock in a stock corporation owning the real property where the stock represents an equity interest in the corporation, or direct ownership through being a member in a limited liability company (L.L.C.) or a partner in a partnership owning the real property upon which the pool is placed.
Breakpoint Chlorination” means the conversion of inorganic chloramine compounds to nitrogen gas by reaction with Free Available Chlorine. When chlorine is added to water containing ammonia (from urine, sweat, or the environment, for example), it initially reacts with the ammonia to form monochloramine. If more chlorine is added, monochloramine is converted into dichloramine, which decomposes into nitrogen gas, hydrochloric acid and chlorine. The apparent residual chlorine decreases since it is partially reduced to hydrochloric acid. The point at which the drop occurs is referred to as the “breakpoint”. The amount of free chlorine that must be added to the water to achieve breakpoint chlorination is approximately ten times the amount of combined chlorine in the water. As additional chlorine is added, all inorganic combined chlorine compounds disappear, resulting in a decrease in eye irritation potential and “chlorine odors.”
Chemical Storage Space” means a space in an aquatic facility used for the storage of pool chemicals such as acids, salt, or corrosive or oxidizing chemicals. “Chemical Storage Space” means a space in an aquatic facility used for the storage of pool chemicals such as acids, salt, or corrosive or oxidizing chemicals.
Chlorine” means an element that at room temperature and pressure is a heavy greenish yellow gas with a characteristic penetrating and irritating smell; it is extremely toxic. It can be compressed in liquid form and stored in heavy steel tanks. When mixed with water, chlorine gas forms hypochlorous acid, the primary chlorine-based disinfecting agent, hypochlorite ion, and hydrochloric acid. Hypochlorous acid dissociation to hypochlorite ion is highly pH dependent. Chlorine is a general term used in these regulations which refers to hypochlorous acid and hypochlorite ion in aqueous solution derived from chlorine gas or a variety of chlorine-based disinfecting agents.
Available Chlorine” means the amount of chlorine in the +1 oxidation state, which is the reactive, oxidized form. In contrast, chloride ion (Cl–) is in the -1 oxidation state, which is the inert, reduced state. Available Chlorine is subdivided into Free Available Chlorine and Combined Available Chlorine. Pool chemicals containing Available Chlorine are both oxidizers and disinfectants. Elemental chlorine (Cl2) is defined as containing 100% available chlorine. The concentration of Available Chlorine in water is normally reported as mg/L (PPM) “as Cl2”, that is, the concentration is measured on a Cl2 basis, regardless of the source of the Available Chlorine.
Free Chlorine Residual” OR “Free Available Chlorine” means the portion of the total available chlorine that is not “combined chlorine” and is present as hypochlorous acid (HOCl) or hypochlorite ion (OCl-).The pH of the water determines the relative amounts of hypochlorous acid and hypochlorite ion. HOCl is a very effective bactericide and is the active bactericide in pool water. OCl-is also a bactericide, but acts more slowly than HOCl. Thus, chlorine is a more effective bactericide at low pH than at high pH. A free chlorine residual must be maintained for adequate disinfection.
Competitive Diving” means either the training of divers or an actual diving competition among trained divers, which is sanctioned by the Federation International de Natation Amateur (FINA), the National Collegiate Athletic Association (NCAA), the National Federation of State High School Associations (NFSHSA) or United States Diving Inc. (USD). The institution which is sponsoring the diving training or diving competition shall be responsible for the hiring of a qualified person(s) who is competent and knowledgeable in the areas of diving mechanics and safety. This person(s) shall be present at every practice session and competition in order to ensure proper training, supervision and safety.
Contamination Response Plan” means a plan for handling contamination from formed-stool, diarrheal-stool, vomit, and blood.
Contaminant” means a substance that soils, stains, corrupts, or infects another substance by contact or association.
Corrosive Materials” means pool chemicals, fertilizers, cleaning chemicals, oxidizing cleaning materials, salt, de-icing chemicals, other corrosive or oxidizing materials, pesticides, and such other materials which may cause injury to people or damage to the building, air-handling equipment, electrical equipment, safety equipment, or fire-suppression equipment, whether by direct contact or by contact via fumes or vapors, whether in original form or in a foreseeably likely decomposition, pyrolysis, or polymerization form. Refer to labels and SDS forms.
Crack” means any and all breaks in the structural shell of a pool vessel or deck.
Cross-Connection” means a connection or arrangement, physical or otherwise, between a potable water supply system and a plumbing fixture, tank, receptor, equipment, or device, through which it may be possible for non-potable, used, unclean, polluted and contaminated water, or other substances to enter into a part of such potable water system under any condition.
CT Value” means a representation of the concentration of the disinfectant (C) multiplied by time in minutes (T) needed for inactivation of a particular contaminant. The concentration and time are inversely proportional; therefore, the higher the concentration of the disinfectant, the shorter the contact time required for inactivation. The CT value can vary with pH or temperature change so these values must also be supplied to allow comparison between values.
Cyanuric Acid” means a chemical added to pool water intended to counteract degradation of the chlorine residual by ultraviolet light.
Deck” means surface areas serving the aquatic venue, including the perimeter/wet deck, pool deck, and dry deck.
Dry Deck” means all pedestrian surface areas within the aquatic venue enclosure not subject to frequent splashing or constant wet foot traffic. The dry deck is not perimeter deck or pool deck, which connect the pool to adjacent amenities, entrances, and exits. Landscape areas are not included in this definition.
Perimeter/Wet Deck” means the hardscape surface area immediately adjacent to and within four feet (1.2 m) of the edge of the swimming pool also known as the “wet deck” area.
Pool Deck” means surface areas serving the aquatic venue, beyond perimeter deck, which is expected to be regularly trafficked and made wet by bathers.
Diaper-Changing Station” means a hygiene station that includes a diaper-changing unit, hand-washing sink, soap and dispenser, a means for drying hands, trash receptacle, and disinfectant products to clean after use.
Diaper-Changing Unit” means a diaper-changing surface that is part of a diaper-changing station.
Dichloramine” means a disinfection by-product formed when chlorine binds to nitrogenous waste in pool water to form an amine- containing compound with two chlorine atoms (NHCl2). It is a known acute respiratory and ocular irritant.
Director” means the Director of the Division of Public Health or an authorized agent.
Disinfection” means a treatment that kills or irreversibly inactivates microorganisms (e.g., bacteria, viruses, and parasites); in water treatment, a chemical (commonly chlorine, chloramine, or ozone) or physical process (e.g., ultraviolet radiation) can be used.
Disinfection By-Product” means a chemical compound formed by the reaction of a disinfectant (e.g. chlorine) with a precursor (e.g. natural organic matter, nitrogenous waste from bathers) in a water system (pool, water supply).
Diving” means a head first entry into a body of water.
"Division" means the Division of Public Health of the Department of Health and Social Services, or anyone authorized by the Division as its designated representative, in conformance with 29 Del.C. §7904.
Emergency Action Plan” means a plan that identifies the objectives that need to be met for a specific type of emergency, who will respond, what each person’s role will be during the response and what equipment is required as part of the response.
Enclosure” means an uninterrupted constructed feature or obstacle used to surround and secure an area that is intended to deter or effectively prevent unpermitted, uncontrolled, and unfettered access. It is designed to resist climbing and to prevent passage through it and under it. Enclosure can apply to aquatic facilities or aquatic venues.
Environmental Health Survey” means a comprehensive on-site review of the facilities, operation and management of a pool for the purpose of determining whether a safe environment and bathing water of acceptable quality are being provided.
EPA Registered” means all products regulated and registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) by the U.S. Environmental Protection Agency (EPA; http://www.epa.gov/agriculture/lfra.html). EPA registered products will have a registration number on the label (usually it will state “EPA Reg No.” followed by a series of numbers). This registration number can be verified by using the EPA National Pesticide Information Retrieval System (http://ppis.ceris.purdue.edu/#).
Equipment Room” means a space intended for the operation of pool pumps, filters, heaters, and controllers. This space is not intended for the storage of hazardous pool chemicals.
Exit Gate” means an emergency exit, which is a gate or door allowing free exit at all times.
Expansion Joint” means a watertight joint provided in a pool vessel used to relieve flexural stresses due to movement caused by thermal expansion/contraction.
Fence” means a continuous vertical barrier, either solid, or with openings, holes or gaps not exceeding four (4) inches in diameter or width, completely enclosing the pool area which will prevent the entry of small children and minimize the entry of unauthorized or unwary persons.
Flume” means the riding channels of a waterslide which accommodate riders using or not using mats, tubes, rafts, and other transport vehicles as they slide along a path lubricated by a water flow.
Foot Baths” means standing water in which bathers or aquatics staff rinse their feet.
Ground-Fault Circuit Interrupter” means a device for protection of personnel that de-energizes an electrical circuit or portion thereof in the event of excessive ground current.
Guardian” is an adult designated by a parent who is responsible for the children and their behavior.
Halogen” means one of the chemical elements chlorine, bromine, or iodine.
Hand Wash Station” means a location which has a hand wash sink, adjacent soap with dispenser, hand drying device or paper towels and dispenser, and trash receptacle.
Hot Water” means an aquatic venue with water temperature over 90 degrees Fahrenheit (30 degrees Celsius).
Hygiene Facility” means a structure or part of a structure that contains toilet, shower, diaper-changing unit, hand wash station, and dressing capabilities serving bathers and patrons at an aquatic facility.
Hygiene Fixtures” means all components necessary for hygiene facilities including plumbing fixtures, diaper-changing stations, hand wash stations, trashcans, soap dispensers, paper towel dispensers or hand dryers, and toilet paper dispensers.
Hyperchlorination” means the intentional and specific raising of chlorine levels for a prolonged period of time to inactivate pathogens following a fecal or vomit release in an aquatic venue as outlined in these regulations Section 9.28.
Imminent Health Hazard” means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries and the nature, severity, and duration of the anticipated injury or illness.
Inactive Pool” means a pool which has been closed for twelve (12) or more continuous months
Indoor Aquatic Facility” means a physical place that contains one or more aquatic venues and the surrounding bather and spectator/stadium seating areas within a structure that meets the definition of “Building” per the 2012 International Building Code. It does not include equipment, chemical storage, or bather hygiene rooms or any other rooms with a direct opening to the aquatic facility. Otherwise known as a natatorium.
Infinity Edge” means a pool wall structure and adjacent perimeter deck that is designed in such a way where the top of the pool wall and adjacent deck are not visible from certain vantage points in the pool or from the opposite side of the pool. Water from the pool flows over the edge and is captured and treated for reuse through the normal pool filtration system. They are often also referred to as “vanishing edges,” “negative edges,” or “zero edges.”
Inlet” means wall or floor fittings where treated water is returned to the pool.
Interactive Water Play Aquatic Venue” means any indoor or outdoor installation that includes sprayed, jetted or other water sources contacting bathers and not incorporating standing or captured water as part of the bather activity area. These aquatic venues are also known as splash pads, spray pads, wet decks. For the purposes of these regulations, only those designed to recirculate water and intended for public use and recreation shall be regulated.
Island” means a structure inside a pool where the perimeter is completely surrounded by the pool water and the top is above the surface of the pool.
Lifeguard on Duty” means a lifeguard who is either poolside or in the pool (special situations), visually guarding the life of the bathers. A lifeguard on duty shall not be assigned other duties that will distract his/her attention from proper observation of the bathers, or prevent the rendering of immediate assistance to someone in distress.
mg/L” means milligrams per liter and is the equivalent metric measure to parts per million (PPM).
Monitoring” is the regular and purposeful observation and checking of systems or facilities and recording of data, including system alerts, excursions from acceptable ranges, and other facility issues. Monitoring includes human or electronic means.
No Diving Marker” means a sign with the words “No Diving” and the universal international symbol for “No Diving” pictured as an image of a diver with a red circle with a slash through it.
NTU” means Nephelometric Turbidity Unit which is a means of measuring the water turbidity.
Oocyst” means the thick-walled, environmentally resistant structure released in the feces of infected animals that serves to transfer the infectious stages of sporozoan parasites (e.g., Cryptosporidium) to new hosts.
ORP” means oxidation reduction potential which is an electrical measurement in millivolts (mV) of the strength of the disinfectant (oxidizer). A higher ORP means a higher disinfecting potential.
Oxidation” means the process of changing the chemical structure of water contaminants by either increasing the number of oxygen atoms or reducing the number of electrons of the contaminant or other chemical reaction, which allows the contaminant to be more readily removed from the water or made more soluble in the water. It is the “chemical cleaning” of pool water. Oxidation can be achieved by common disinfectants (e.g., chlorine, bromine), secondary disinfection/sanitation systems (e.g. ozone) and oxidizers (e.g. potassium monopersulfate).
Oxidation Reduction Potential” means a measure of the tendency for a solution to either gain or lose electrons; higher (more positive) oxidation reduction potential indicates a more oxidative solution.
Patron” means a bather or other person or occupant at an aquatic facility who may or may not have contact with aquatic venue water either through partial or total immersion. Patrons may not have contact with aquatic venue water, but could still be exposed to potential contamination from the aquatic facility air, surfaces, or aerosols.
Peninsula / Wing Wall” means a structural projection into a pool intended to provide separation within the body of water.
Perimeter Gutter System” means the alternative to skimmers as a method to remove water from the pool’s surface for treatment. The gutter provides a level structure along the pool perimeter versus intermittent skimmers.
Person” means any corporation, company, association, firm, partnership, society, joint stock company or individual.
Person in Charge” means the/an owner of the pool. This individual shall represent the pool at any hearing scheduled pursuant to 15.3. Every pool shall, upon request, provide the Division with the name of the person(s) in charge and how they can be contacted. An operator, hired by the/an owner, cannot be the person in charge.
pH” means the negative log of the concentration of hydrogen ions. When water ionizes, it produces hydrogen ions (H+) and hydroxide ions (OH-). If there is an excess of hydrogen ions the water is acidic. If there is an excess of hydroxide ions the water is basic. pH ranges from 0 to 14. Pure water has a pH of 7.0. If pH is higher than 7.0, the water is said to be basic, or alkaline. If the water’s pH is lower than 7.0, the water is acidic. As pH is raised, more ionization occurs and chlorine disinfectants decrease in effectiveness.
Plumbing Fixture” means a receptacle, fixture, or device that is connected to a water supply system or discharges to a drainage system or both and may be used for the distribution and use of water; for example: toilets, urinals, showers, and hose bibs. Such receptacles, fixtures, or devices require a supply of water; or discharge liquid waste or liquid-borne solid waste; or require a supply of water and discharge waste to a drainage system.
Private Pool” means any indoor or outdoor artificial basin containing a body of water which is used for swimming, wading, diving, recreative bathing, or other aquatic purposes and is not open to the general public, or a limited section of the public, but is intended strictly for the use of the beneficial owner(s) and his/her/their family and/or their guests in either of the following situations:
Pool” means a subset of aquatic venues designed to have standing water for total or partial bather immersion. This does not include spas.
Activity Pool” means a water attraction designed primarily for play activity that uses constructed features and devices including pad walks, flotation devices, and similar attractions.
Diving Pool” means a pool used exclusively for diving.
Landing Pool” means an aquatic venue or designated section of an aquatic venue located at the exit of one or more waterslide flumes. The body of water is intended and designed to receive a bather emerging from the flume for the purpose of terminating the slide action and providing a means of exit to a deck or walkway area.
Skimmer Pool” means a pool using a skimmer system.
Spa Pool” means a pool containing water greater than ninety five (95) degrees Fahrenheit (oF), which is not emptied after each use, has a maximum depth of four (4) feet, is large enough for the immersion of one person and may have a high velocity air and/or water jet system.
Spray Pads” means any indoor or outdoor installation that includes sprayed, jetted or other water sources contacting bathers and not incorporating standing or captured water as part of the bather activity area. For the purposes of these Regulations only those designed to recirculate water and intended for public use and recreation shall be regulated.
Surf Pool” means any pool designed to generate waves dedicated to the activity of surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport as opposed to general play intent for wave pools.
Therapy Pool” means a pool used exclusively for aquatic therapy, physical therapy, and/or rehabilitation to treat a diagnosed injury, illness, or medical condition, wherein the therapy is provided under the direct supervision of a licensed physical therapist, occupational therapist, or athletic trainer. This could include wounded patients or immunocompromised patients whose health could be impacted if there is not additional water quality protection.
Wading Pool” means any pool used exclusively for wading and intended for use by young children where the depth does not exceed two feet (0.6 m).
Wave Pools” means any pool designed to simulate breaking or cyclic waves for purposes of general play. A wave pool is not the same as a surf pool, which generates waves dedicated to the activity of surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport as opposed to general play intent for wave pools.
Public Water Systems” means water systems including community water systems, non-transient/non-community water systems, or transient non-community water systems with exceptions as noted by the Division and EPA.
Qualified Lifeguard” means an individual who has successfully completed a Division recognized lifeguard training course offered by a Division recognized training agency, holds a current certificate for such training, has met the pre-service requirements, and is participating in continuing in-service training requirements of the aquatic facility.
Qualified Lifeguard Supervisor” means an individual responsible for the oversight of lifeguard performance and emergency response at an aquatic facility. A qualified lifeguard supervisor is an individual who has successfully completed a lifeguard supervisor training course and holds an unexpired certificate for such training; and who has met the pre-service and continuing in-service requirements of the aquatic facility according to this code.
Qualified Operator” means an individual, that is at least 18 years old, that is responsible for the operation and maintenance of the water and air quality systems and the associated infrastructure of the aquatic facility and who has successfully completed a Division recognized operator training course to operate an aquatic facility offered by a Division recognized training agency and holds a current certificate for such training.
Recessed Steps” means a way of ingress/egress for a pool similar to a ladder but the individual treads are recessed into the pool wall.
Recirculation System” means the combination of the main drain, gutter or skimmer, inlets, piping, pumps, controls, surge tank or balance tank to provide pool water recirculation to and from the pool and the treatment systems.
Reduction Equivalent Dose (RED) bias” means a variable used in UV system validation to account for differences in UV sensitivity between the UV system challenge microbe and the actual microbe to be inactivated (e.g., Cryptosporidium).
Re-entrainment” means a situation where the exhaust(s) from a ventilated source such as an indoor aquatic facility is located too close to the air handling system intake(s), which allows the exhausted air to be re-captured by the air handling system so it is transported directly back into the aquatic facility.
Responsible Supervisor” means an individual on-site that is responsible for water treatment operations when a “qualified operator” is not on-site at an aquatic facility.
Robotic Cleaner” means a modular vacuum system consisting of a motor-driven, in-pool suction device, either self-powered or powered through a low voltage cable, which is connected to a deck-side power supply.
Run-Out Slide” means that part of a waterslide where riders are intended to decelerate and/or come to a stop. The runout is a continuation of the waterslide flume surface.
Safety” (as it relates to construction items) means a design standard intended to prevent inadvertent or hazardous operation or use (i.e., a passive engineering strategy).
Safety Plan” means a written document that has procedures, requirements and/or standards related to safety which the aquatic facility staff shall follow. These plans include training, emergency response, and operations procedures.
Safety Team” means any employee of the aquatic facility with job responsibilities related to the aquatic facility’s emergency action plan.
Sanitize” means reducing the level of microbes to that considered safe by public health standards. This may be achieved through a variety of chemical or physical means including chemical treatment, physical cleaning, or drying.
Saturation Index” means a mathematical representation or scale representing the ability of water to deposit calcium carbonate, or dissolve metal, concrete or grout.
Secretary, Delaware Health and Social Services” means the Administrator of the Department of Health and Social Services (DHSS) of the State of Delaware, who shall hereafter in this document be referred to as the Secretary, DHSS in conformance with 29 Del.C. §7904.
Secondary Disinfection Systems” means those disinfection processes or systems installed in addition to the standard systems required on all aquatic venues, which are required to be used for increased risk aquatic venues.
Shower” means a device that sprays water on the body.
Cleansing Shower” means a shower located within a hygiene facility using warm water and soap. The purpose of these showers is to remove contaminants including perianal fecal material, sweat, skin cells, personal care products, and dirt before bathers enter the aquatic venue.
Rinse Shower” means a shower typically located in the pool deck area with ambient temperature water. The main purpose is to remove dirt, sand, or organic material prior to entering the aquatic venue to reduce the introduction of contaminants and the formation of disinfection by-products.
Skimmer” means a device installed in the pool wall whose purpose is to remove floating debris and surface water to the filter. They shall include a weir to allow for the automatic adjustment to small changes in water level, maintaining skimming of the surface water.
Skimmer System” means periodic locations along the top of the pool wall for removal of water from the pool’s surface for treatment.
Slide” means an aquatic feature where users slide down from an elevated height into water.
Drop Slide” means a slide that drops bathers into the water from a height above the water versus delivering the bather to the water entry point.
Pool Slide” means a slide having a configuration as defined in The Code of Federal Regulations (CFR) Ch. II, Title 16 Part 1207 by CSPC, or is similar in construction to a playground slide used to allow users to slide from an elevated height to a pool. They shall include children’s (tot) slides and all other non- flume slides that are mounted on the pool deck or within the basin of a public swimming pool.
Waterslide” means a slide that runs into a landing pool or runout through a fabricated channel with flowing water.
Slip Resistant” means a textured surface that is neither conducive to slipping when wet nor abrasive to bare feet and has a minimum static coefficient of friction of 0.6 (measured by an approved method).
Standard” means something established by authority, custom, or general consent as a model for example.
Structural Crack” means a break or split in the pool surface that weakens the structural integrity of the vessel.
Substantial Alteration” means the alteration, modification, or renovation of an aquatic venue (for outdoor aquatic facilities) or indoor aquatic facility (for indoor aquatic facilities) where the total cost of the work exceeds 50% of the replacement cost of the aquatic venue (for outdoor aquatic facilities) or indoor aquatic facility (for indoor aquatic facilities).
Superchlorinate” means the addition of large quantities of chlorine-based chemicals to kill algae, destroy odors, or improve the ability to maintain a disinfectant residual. This process is different from Hyperchlorination, which is a prescribed amount to achieve a specific CT value whereas Superchlorination is the raising of free chlorine levels for water quality maintenance.
Supplemental Treatment Systems” means those disinfection processes or systems which are not required on an aquatic venue for health and safety reasons. They may be used to enhance overall system performance and improve water quality.
Supplemental Treatment Systems” means those disinfection processes or systems which are not required on an aquatic venue for health and safety reasons. They may be used to enhance overall system performance and improve water quality.
Theoretical Peak Occupancy” means the anticipated peak number of bathers in an aquatic venue or the anticipated peak number of occupants of the decks of an aquatic facility. This is the lower limit of peak occupancy to be used for design purposes for determining services that support occupants. Theoretical peak occupancy is used to determine the number of showers. For aquatic venues, the theoretical peak occupancy is calculated around the type of water use or space:
Agitated Water” means an aquatic venue with mechanical means (aquatic features) to discharge, spray, or move the water's surface above and/or below the static water line of the aquatic venue so people are standing or playing vertically. Where there is no static water line, movement shall be considered above the deck plane.
Flat Water” means an aquatic venue in which the water line is static except for movement made by users usually as a horizontal use as in swimming. Diving spargers do not void the flat water definition.
Hot Water” means an aquatic venue with a water temperature over 90oF (32oC).
Stadium Seating” means an area of high-occupancy seating provided above the pool level for observation.
Trichloramine” means a disinfection by-product formed when chlorine binds to nitrogenous waste in pool water to form an amine-containing compound with three chlorine atoms (NCl3). It is a known acute respiratory and ocular irritant. It has low solubility in water and is rapidly released into the air above pools where it can accumulate, particularly in indoor settings.
Trihalomethanes” means chemical compounds in which three of the four hydrogen atoms of methane (CH4) are replaced by halogen atoms.
Turbidity” means a measure of the clarity or cloudiness of water
"Turnover" or "Turnover Rate" means the period of time, usually expressed in hours, required to circulate a volume of water equal to the capacity of the aquatic venue.
Underwater Bench” means a submerged seat with or without hydrotherapy jets.
Underwater Ledge” or “Underwater Toe Ledge” means a continuous step in the pool wall that allows swimmers to rest by standing without treading water.
UV Transmissivity” means the percentage measurement of ultraviolet light able to pass through a solution.
Water Quality Testing Device” means a product designed to measure the level of a parameter in water. A WQTD includes a device or method to provide a visual indication of a parameter level, and may include one or more reagents and accessory items.
Zero Depth Entry” means a sloped entry into a pool from deck level into the interior of the pool as a means of access and egress.
4.1.2 Pre-Operational Plan Review Inspection – A pre-operational plan review inspection will occur prior to an Environmental Health Inspection, and will be conducted by representatives of the Division in order to confirm that the pool meets the requirements of Section 3.4 for operation. This inspection will be posted in a location conspicuous to the public until an Environmental Health Inspection has been conducted.
5.1.17.3.1 ASTM standard F2285-04: Consumer Performance Standards for Commercial Diaper-Changing Stations, or
5.1.17.3.2 The standards for diaper-changing surfaces in the most current version of Caring for Our Children: National Health and Safety Performance Standards: Guidelines for Out-of-Home Child Care Programs.
9.20.1.4 Use by anyone under five (5) years of age is prohibited unless there is documented written permission from their physician.
9.22.4 All spa pools shall be equipped with an approved system that will ensure that the water does not exceed 104oF (e.g. a high temperature alarm, an automatic heater shut off device, etc.) The alarm shall produce a distinctly different sound than that of the attendant alarm.
Any person who neglects or fails to comply with the requirements of these Regulations shall be subject to the provisions of 16 Del.C. §107, and shall be fined not less than $100 and not more than $1000, together with the costs, unless otherwise provided by law.