Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 202 - RULES RELATING TO PUBLIC SWIMMING POOLS AND SPAS › Section 144-202-1 - GENERAL PROVISIONS

Current through 2024-29, July 17, 2024
A.
Summary
These rules endeavor to protect the health and safety of the
				  people of Maine by requiring people who construct, own and/or operate public
				  pools and public spas to submit plans showing proper construction, compliance
				  with subsurface wastewater disposal rules, and proper sanitary facilities.
				  These rules also set standards of operation for public pools and spas.
B.
Definitions
1.
Backwash:
"Backwash" refers
				to the water generated from the process of cleaning the filter medium and/or
				elements by the reverse flow of water through the filter.
2.
Certified pool operator:
"Certified pool operator" means an individual who has taken and passed a) the
				National Swimming Pool Foundation's Certified Pool-Spa Operator® (CPO)
				course; or b) the Pool & Hot Tub Council of Canada's Professional Pool and
				Spa Operator (PPSO) course.
3.
Critical Violation:
A critical violation is a violation of these
				rules which presents a clear risk of contamination, illness, injury or
				environmental health hazard. A critical violation is denoted in these rules by
				the letter "C."
4.
Department:
"Department" means the Department of Health and Human
				Services.
5.
Fence:
"Fence" means a good quality fence or wall, not less than 4 feet in height
				above ground surface and of a character to exclude children. The fence shall be
				so constructed as not to have openings, holes or gaps larger than 4 square
				inches, except for fences constructed of vertical posts or louvers, in which
				case, the openings shall not be greater than 4 inches in width with no
				horizontal members between the top and bottom plates. Doors and gates are
				excluded from the minimum dimension requirements.
6.
Medical facility pool or medical
				facility spa:
"Medical facility pool or medical facility spa" means a
				pool or spa under the direct supervision and control of licensed medical
				personnel.
7.
Operator:
"Operator" means the person responsible for the
				operation and/or maintenance of a pool or spa.
8.
Pedestrian accessgate:
"Pedestrian access gate" means a gate in a barrier surrounding a pool or
				spa.
9.
Pool:
"Pool"
				means a basin, chamber or tank constructed of smooth, impervious, and easily
				cleaned materials, located either indoors or outdoors; in-ground, above-ground
				or on-ground; provided with a controlled water supply and containing an
				artificial body of water, used for swimming, recreational bathing, or wading.
				"Pool" includes any related equipment, structures, areas and enclosures that
				are intended for the use of persons using or operating the pool, including
				equipment, dressing lockers, showers and toilet rooms.
10.
Pool event:
"Pool event"
				means any sports competition, performance or gathering, where more than an
				average attendance is expected at the pool.
11.
Pool water:
"Pool water"
				means any water in a pool or spa.
12.
Pool depth:
"Pool depth"
				means the distance between the floor of the pool and the normal operating water
				level.
13.
Public
				pool:
"Public pool" means any constructed or prefabricated pool, other
				than a residential pool or medical facility pool that is intended to be used
				for swimming, recreational bathing, or wading, and is operated by an owner,
				lessee, tenant, or concessionaire or by a person licensed by the Department,
				regardless of whether a fee is charged for use. A pool on the premises of a
				child care facility that is licensed or required to be licensed under 22
				M.R.S.A. §8301-A is a public pool.
Public pools are classified as follows:
a. Class A Pools - Class A pools are intended
				for use for accredited competitive aquatic events. The pool may also be used
				for recreation.
b. Class B Pools -
				Class B pools are intended for public recreational swimming not otherwise
				classified.
c. Class C Pools -
				Class C pools are intended for use by paid guests and patrons of licensed
				lodging establishments and clients of Child Care Facilities licensed pursuant
				to 22 MRSA §8301-A(B).
d.
				Class D Pools - Class D pools are operated for special purposes, including, but
				not limited to, wave action pools, activity pools, catch pools, leisure rivers,
				vortex pools, and sand bottom pools.
e. Class F Pools - Class F pools are wading
				pools.
14.
Public
				spa:
"Public spa" means any constructed spa other than a residential spa
				or medical facility spa.
15.
Public water system:
"Public water system" means any publicly or
				privately owned system of pipes or other constructed conveyances, structures
				and facilities through which water is obtained for, or sold, furnished or
				distributed to the public for human consumption, if such a system has at least
				15 service connections, regularly serves an average of at least 25 individuals
				daily, for at least 60 days out of the year or bottles water for
				sale.
16.
Residential
				spa:
"Residential spa" means any constructed spa, permanently installed
				or portable, that is used in connection with a single or multi-family
				residence, used by tenants of apartment buildings, owners of condominiums, or
				members of property owners associations and available only to these residents
				and their private guests.
17.
Residential swimming pool:
"Residential swimming pool" means any
				constructed pool that is used for swimming in connection with a single or
				multi-family residence, used by tenants of apartment buildings; owners of
				condominiums; and members of property owners associations and available only to
				these residents and their private guests. A pool on the premises of a family
				child care provider who is certified or required to be certified under 22
				M.R.S.A. §8301-A, and makes the pool inaccessible to the supervised
				children, is a residential pool.
18.
Sanitizer:
"Sanitizer" means
				an agent (disinfectant) that destroys microorganisms that might carry
				disease.
19.
Spa:
"Spa" means a small recreational water vessel, usually designed for "soaking",
				as opposed to swimming, and designed for therapeutic or nontherapeutic use that
				is not drained, cleaned or refilled for each individual. It may include, but is
				not limited to, hydrojet circulation, hot water, cold water, mineral baths, air
				induction bubbles or any combination thereof. "Spa" includes, but is not
				limited to, a therapeutic pool, hydrotherapy pool, whirlpool, hot spa, and hot
				tub and contains a smaller water volume than public pools.
20.
Wading pool:
"Wading pool"
				means a pool with a maximum water depth of 24 inches. The water depth at the
				perimeter must not exceed 18 inches. Water depths may be reduced from the above
				maximums and brought to zero at the most shallow point.