reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Construction › Section 435.04 - Sewage Disposal

Current through Register 1525, July 5, 2024
The operator shall provide a sanitary drainage system
				  connected to the public sewerage system for the disposal of sanitary sewage. If
				  because of non-availability, distance, or ground conditions, connection to a
				  public sewerage system is not practicable, any other sanitary means of disposal
				  of sanitary sewage approved by the Board of Health and in compliance with 310
				  CMR 15.00 or approved by the Department of Environmental Protection in
				  compliance with 310 CMR 15.00 may be installed.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Construction › Section 435.05 - Location; Structural Stability, Finish

Current through Register 1525, July 5, 2024
(1) A
				swimming, wading or special purpose pool should be located where it can be
				maintained free from pollution by dust, smoke, soot, surface drainage or other
				deleterious substances and shall comply with all restrictions of 310 CMR 15.00:
The State Environmental Code, Title 5: Standard Requirements for the
				Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage
				Treatment and Disposal Systems and for the Transport and Disposal of
				Septage
.
(2) Construction
				of every swimming, wading or special purpose pool shall conform with
				appropriate state and local building, health, plumbing and electrical code
				requirements.
(3) No projection
				except ladders and grab rails shall be permitted from any pool wall or floor
				surface, provided that a fill spout maybe constructed under the diving stand,
				rounded fittings projecting not more than two inches from the wall may be
				installed. A recessed stairway shall not be considered a projection for the
				purposes of
				310 CMR 12.00. A safety ledge
				as described in
				105 CMR 435.11(4)
				 shall not be considered a projection for the
				purposes of 105 CMR 435.00.
(4) The
				finish of the walls and floors of every swimming, special purpose and wading
				pool shall be of concrete, cement, mortar, tile, paint, vinyl liner, fiberglass
				or other inert and impervious material, shall be reasonably enduring, shall be
				moderately smooth and free from cracks, and shall be of light color.
(5) The designing registered architect or
				registered professional engineer shall be responsible for certifying to the
				structural stability and safety of the pool.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Construction › Section 435.06 - Water Circulation and Filtration Systems

Current through Register 1525, July 5, 2024
(1) All swimming, wading and special purpose
				pools shall be equipped and operated with a system for recirculation and
				purification of the pool water. This system shall be capable of maintaining the
				water quality standards of
				105 CMR 435.28
				through
				435.31. The
				over-all recirculation and purification system shall be so designed and
				constructed that the entire volume of the pool can be recirculated and filtered
				as follows:
(a) swimming pools - once every
				eight hours,
(b) wading pools -
				once every four hours,
(c) special
				purpose pools - once every ½ hour,
(d) water slide flumes - once every
				hour.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Construction › Section 435.07 - Construction Materials

Current through Register 1525, July 5, 2024
(1) All
				construction materials including piping shall be non-toxic and should be
				resistant to corrosion and stresses to which they may be subjected.
(2) It is recommended that provisions be made
				to permit complete dewatering of all piping and equipment.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Construction › Section 435.09 - Cross Connection

Current through Register 1525, July 5, 2024
Potable water supplying any public, semi-public, wading or
				  special purpose pool, either directly or to the recirculation system, shall be
				  supplied through an air gap. In addition, no piping arrangement shall exist
				  that will permit sewage, wastewater or any water of unknown or questionable
				  quality to enter the pool or pool piping system.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Construction › Section 435.10 - Skimming Facilities

Current through Register 1525, July 5, 2024
(1) All swimming,
				wading and special purpose pools shall be designed so that approximately 50% of
				the recirculation rate shall be drawn from the top surface of the
				pool.
(2) When skimming devices, or
				deck drains for water-level deck-type swimming and wading pools are not used,
				an overflow channel shall extend completely around every swimming and wading
				pool. The channel, channel outlets and piping shall be capable of removing at
				least 50% of the recirculated water and shall be equipped to carry away sputum
				and other floating matter in an effective way. The channel shall be so designed
				as to accomplish the following results:
(a)
				provide effective skimming action over the entire pool surface;
(b) intercept, in addition to the normal
				overflow, all splash water to prevent flooding or washing of the walkways
				around the pool;
(c) prevent, so
				far as possible, waters that have entered the channel from being washed back
				into the pool;
(d) provide for easy
				inspection and cleaning; and
(e)
				present no accident hazard to bathers.
Outlet openings of gratings in the overflow channel shall be
				  at least twice the area of the outlet piping. Drainage from the channels can be
				  returned to the pool water recirculation system ahead of the filters
				  (ordinarily at the balancing tanks or at pump suction), provided that, unless
				  channels are self cleaning, provisions shall be made for diverting the channel
				  water to waste when cleaning the channel or walkway.
The overflow channel should provide an acceptable hand hold
				  for bathers and should not be less than three inches deep.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Construction › Section 435.11 - Pool Slopes and Dimensions

Current through Register 1525, July 5, 2024
(1) The minimum
				depth of water in swimming pools to be used for swimming purposes shall be not
				less than three feet. In any part of the pool less than five feet in depth,
				slopes in the pool floor shall remain constant and shall not exceed one foot
				vertical in 12 feet horizontal. Exception may be made by the Board of Health
				for pools built principally for instruction, or in a recessed area of the main
				swimming pool where the pool is of any irregular shape, such as the leg of a
				"T", "L", or "Z".
(2) In special
				purpose pools the maximum operational water depth shall be four feet measured
				from the waterline. The maximum depth of any seat or bench shall be two feet
				measured from the waterline.
(3)
				Walls of swimming pools shall be vertical or shall have a maximum vertical
				slope of one foot horizontal to five feet vertical. Where pools are used for
				competitive swimming the walls shall be vertical for a minimum water depth of
				three feet six inches. When coved construction is used to join the walls and
				bottom of any pool the following shall apply:
(a) At depths of from three feet to four feet
				six inches, the maximum radius of coving shall be 12 inches.
(b) At depths greater than four feet six
				inches, the radius of coving joining the wall and floor at any point shall be
				equal to not more than the depth of the pool at that point minus two feet six
				inches. No ledges or any other abrupt change in the wall slope shall be allowed
				except for reasonable fillets or coving where the wall joins the pool bottom.
				Plane surfaces tangent to allowable coving may be used in lieu of
				curves.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Construction › Section 435.12 - Water Depth Markings

Current through Register 1525, July 5, 2024
(1) The water depth
				of every swimming pool shall be plainly marked on the pool deck at the edge of
				the pool and on the vertical pool walls, at or above the water surface. Where
				depth markings cannot be placed on the vertical walls above the water level,
				other means shall be used so that the markings are clearly visible to persons
				in the pool. Markings shall be in dark colors, a minimum of four inches high,
				spaced at one-foot depth intervals in the shallow portion of the pool to a
				depth of five feet, and then at appropriate places of not more than 25 foot
				intervals around the deep portion of the pool. When non-swimmers use a pool, a
				polyethylene line with floats shall separate the non-swimmer area from deeper
				water.
(2) All painted swimming,
				wading and special purpose pools constructed, or drained after the effective
				date of these regulations shall have the boundary line between the shallow and
				deep areas marked with a four-inch stripe of contrasting color on the floor and
				walls of the pool. Ledges and step edges shall also be marked with a four-inch
				stripe of contrasting color.
(3)
				All tiled swimming, wading and special purpose pools constructed or drained
				after the effective date of these regulations for routine re-grouting or tile
				work shall have a boundary line between the shallow and deep areas installed
				with a four inch stripe of contrasting color on the floor and walls of the
				pool. Ledges and step edges shall also be marked with a four inch stripe of
				contrasting color.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Construction › Section 435.13 - Walkways and Decks

Current through Register 1525, July 5, 2024
(1) Walkways shall
				be continuous around the pool with a minimum width of four feet of unobstructed
				clear distance including a curb at the pool edge, if such a curb is used.
				Walkways of a width of eight feet are desirable. A minimum of three feet walk
				width shall be provided around any piece of diving equipment. All walks, decks,
				and terraces shall have a minimum slope of ¼ inch per foot toward
				adequate drains or points at which the water will have a free unobstructed flow
				away from the pool to approved points of disposal.
(2) All walkway and deck surfaces shall be
				furnished with a slip resistant non-abrasive surface.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Construction › Section 435.14 - Ladders and Steps

Current through Register 1525, July 5, 2024
(1) A minimum of
				one ladder shall be provided for each 75 feet of swimming pool perimeter, and
				not less than two such devices shall be provided at any pool. If step-holes are
				provided in lieu of ladders, they shall be readily cleanable and sloped
				slightly, or provided with drain holes, to prevent accumulation of dirt. A
				suitable handrail extending to the pool deck or curb shall be provided at each
				side of each ladder or step-holes. Recessed stair steps may be substituted for
				ladders or step holes. A suitable handrail shall be provided at one side or in
				the center of stair steps.
(2) For
				each special purpose poola minimum of one handrail or ladder equivalent shall
				be provided, or there shall be a deck designed to facilitate safe entry or
				exit.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Construction › Section 435.15 - Diving

Current through Register 1525, July 5, 2024
(1) Diving equipment shall be rigidly
				constructed and properly anchored with sufficient bracing to insure stability
				under the heaviest reasonable load. Diving boards shall be of sound
				construction, free from splinters or dangerous cracks, and shall be capable of
				supporting the heaviest load under conditions of reasonable use. Diving boards
				and platforms shall be covered or finished with durable no n- s lip
				material.
(2) Diving areas
				constructed or approved for construction prior to April 1, 1998 shall conform
				with the requirements of 105 CMR 435.00 in effect at the time of construction
				and/or approval.
(3) No diving
				board or platform more than one meter above the pool water level shall be
				permitted for general public use in any swimming pool. At least 13 feet of free
				and unobstructed head room shall be provided above diving boards and platforms.
				This distance shall be measured from the center of the front end of the board
				and shall extend horizontally at least eight feet behind, eight feet to each
				side, and 16 feet ahead of the front of the diving board.
(4) Diving areas approved for competitive
				diving shall be in compliance with the standards of the Federation
				Internationale DeNation Ameteur (FINA), U.S. Diving, Inc., or the National
				College Athletic Association (NCAA).
(5) Platforms and diving equipment which are
				one meter or higher shall be protected with guard rails. The required guard
				rails shall extend at least 30 inches above the diving board and extend to the
				edge of the pool wall. All platform or diving equipment higher than one meter
				shall have guard rails which extend at least 36 inches above the diving board
				and extend to the edge of the pool wall.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Construction › Section 435.16 - Water Source

Current through Register 1525, July 5, 2024
Water to be used in any swimming, wading or special purpose
				  pool shall be obtained from a source approved by the Board of
				  Health.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Construction › Section 435.17 - Pool Supervision

Current through Register 1525, July 5, 2024
(1) All public and
				semi-public swimming pools when open for use shall be under the management of a
				supervisor, who shall be responsible for all phases of the pool operation. The
				pool supervisor may be the property owner, a facility employee or an employee
				of a contracted pool service. The pool supervisor shall be available to respond
				to mechanical and maintenance problems, and to detect the potential of such
				problems before they occur. It is not required that the pool supervisor be on
				the premises at all times. The pool supervisor shall be:
(a) at least 21 years of age,
(b) knowledgeable of 105 CMR 435.00,
				and
(c) responsible for all phases
				of the operation.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.21 - Permit Requirements for Swimming, Wading, and Special Purpose Pools: Pool Records

Current through Register 1525, July 5, 2024
(1) No person shall
				operate or maintain any swimming, wading or special purpose pool without
				obtaining a permit from the Board of Health on a form prescribed by the
				Commissioner of Public Health. The permit shall state the method of water
				treatment, the number of trained lifeguards required and the maximum number of
				people allowed in the water at any time (
see
105 CMR
				435.27 ). The permit shall be subject to the
				requirements of 105 CMR 435.00 and to any regulations as may be adopted by the
				Board of Health, provided, however, that said local board of health regulations
				shall not be applicable to a state owned or operated swimming, wading or
				special purpose pool. A Board of Health may issue a permit with any desired
				restrictions for the use of any swimming, wading or special purpose pool which
				fails to meet the requirements for design or construction if the pool was in
				use prior to April 30, 1964 and if such failure does not materially impair the
				safety or sanitary operation of the pool.
(2) The operator shall post the permit in a
				conspicuous location near the swimming, wading or special purpose
				pool.
(3) All permits shall expire
				no more than 12 months following the date of issue, and may be revoked for
				cause at any time by the Board of Health (
see
105 CMR
				435.42 ). The Board of Health may issue a
				permit for less than one year in those instances where there is only seasonal
				use of the swimming, wading or special purpose pool.
(4) Application for a permit shall be made to
				the Board of Health at least 15 days before the expiration of a permit, or
				otherwise at least 15 days before the opening of the swimming, wading or
				special purpose pool.
(5) The
				operator shall maintain a current written record of all data pertaining to the
				operation and condition of the pool and s/he shall keep it available for
				inspection by the Board of Health at all reasonable times. The record shall
				include daily attendance, amounts and types of chemicals used daily, results of
				chemical and bacteriological tests, dates and times of emptying and cleaning
				the pool and back washing of filters, the daily number of hours of operation of
				purification equipment, and any other pertinent information which the Board of
				Health may require. The records shall be initialed by the person making the
				required tests.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.22 - Health Regulations; Signs

Current through Register 1525, July 5, 2024
(1) No person
				having a communicable disease shall be employed or work at a swimming, wadingor
				special purpose pool.
(2) The
				following regulations shall be enforced by the operator:
(a) No bather shall enter the pool unless he
				first takes a cleansing shower.
(b)
				No bather shall wear a bathing suit that is unclean.
(c) No person suffering from a fever, cough,
				cold, inflammation of the eyes, nasal or ear discharges, or any communicable
				disease shall be allowed the use of the pool.
(d) No person with sores or other evidence of
				skin disease, or who is wearing a bandage or medical covering of any kind,
				shall be allowed the use of the pool.
(e) No person shall spit in or in any other
				way contaminate the pool, or its floors, walkways, aisles, or dressing
				rooms.
(f) No glass, with the
				exception of shatterproof light shields, shall be permitted in the pool or on
				walkways within eight feet of the pool.
(g) No person shall bring or throw into the
				pool any object that may in any way carry contamination or endanger the safety
				of bathers.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.23 - Lifeguards

Current through Register 1525, July 5, 2024
(1) The operator shall provide one or more
				lifeguards 16 years of age or older if the Board of Health determines that they
				are necessary for the safe use of the swimming or wading pool. The Board, when
				determining whether there is a need for one or more lifeguards and the number
				of on-duty lifeguards to be present at the pool at any one time, shall take
				into account the size, shape and capacity of the swimming or wading pool. As a
				guideline, it is suggested that one lifeguard be provided for each 25 bathers.
				All lifeguards shall hold the following certifications:
(a) a current Red Cross Lifeguard Training
				Certificate, or Royal Bronze Medallion, or Boy Scouts of America Lifeguard
				Certificate or National Y.M.C.A. Lifeguard Certificate or an equivalent
				certification, provided however, that no such alternative certification shall
				be deemed equivalent unless it shall contain all of the minimum requirements
				mandated or required by one or more of the foregoing certification programs;
				and
(b) a current American Red
				Cross CPR Certificate for the Professional Rescuer or American Heart
				Association CPR Certificate for the Health Care Provider, or National Safety
				Council CPR Training; and
(c) a Red
				Cross Standard First Aid Certificate, or a Red Cross Community First Aid and
				Safety Certificate (which certification may be evidenced by a notation on the
				back of any Red Cross Lifeguard Training Certificate), or National Safety
				Council First Aid Training, Level 2, or an equivalent certification, provided
				however, that no such alternative certification shall be deemed equivalent
				unless it shall contain all of the minimum requirements of one of the foregoing
				certification programs.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.24 - Safety Equipment

Current through Register 1525, July 5, 2024
For each 2000 square feet of water surface area or fraction
				  thereof, the operator shall provide, in readily accessible locations, at least
				  one Ring Buoy, U.S. Coast Guard approved, with a ¼ inch polye the lene
				  rope attached, no less in length than 1½ times the width of the pool. At
				  those swimming pools that are staffed by lifeguards, there shall also be one
				  Rescue Tube located at each lifeguard station. A backboard with straps shall
				  also be readily available at each swimming pool which is attended by a
				  lifeguard. In addition, all outdoor, in ground swimming pools shall be equipped
				  with a rescue hook.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.25 - First Aid Equipment and Emergency Communication

Current through Register 1525, July 5, 2024
(1) The operator shall provide a first-aid
				kit consisting of the following items and such other additional items or
				quantities of items as may deemed necessary by the Board of Health: 35 1" band
				aids; ten 3" x 3"sterile gauze pads; two 5" x 5" surgipads; one 8" x 10"
				surgipad; two 2" soft roller bandages; two 3" soft roller bandages; one
				½" roll of hypoallergenic tape; one triangular bandage; one scissors;
				one tweezers; one rescue blanket; 12 antiseptic wipes; two disposable
				instanticev packs; one sterile isotonic buffered eye wash; two pairs of
				one-size-fits-all latex gloves; and one micro-shield or pocket mask with a one
				way valve.
(2) An emergency
				communication system which at a minimum would allow convenient, immediate and
				toll-free communication with emergency medical services, local police, state
				police and the local fire department, must be in working order and available at
				each pool. The telephone numbers of the emergency medical services, local
				police, state police and fire department, as well any instructions necessary to
				operate the communication system, shall be posted in a conspicuous place near
				the communication device or station. The location of the emergency
				communication device must be in an area that is unlocked and available to both
				the staff and the public at all times.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.26 - Waste Water and Backwash Water Disposal

Current through Register 1525, July 5, 2024
(1) No
				waste water resulting from draining of a swimming, wading or special purpose
				pool or backwash water may be discharged on the watershed of a public surface
				water supply without prior approval of the Department of Environmental
				Protection. Any waste water resulting from draining a swimming, wading or
				special purpose pool shall be dechlorinated prior to its discharging.
(2) No waste water resulting from draining a
				swimming, wading or special purpose pool or backwash water may be discharged
				into a storm drain without approval of the agency having control over such
				facilities .
(3) Waste water
				resulting from draining a swimming, wading or special purpose pool or backwash
				water may be discharged to a subsurface disposal system if it is specifically
				designed for that purpose and approved by the appropriate agency.
(4) Diatomaceous earth filter backwash water
				must be discharged through a separation tank.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.27 - Bather Load Capacity

Current through Register 1525, July 5, 2024
(1) For the purpose
				of computing bather load capacity, those portions of the swimming pool five
				feet or less in depth shall be designated as "non-swimmer" areas. Portions of
				the pool over five feet in depth shall be designated as the "swimming"
				area.
(2) In order to compute
				swimmer and bather capacity, swimming and wading pool areas shall be determined
				as follows:
(a) 15 square feet of pool water
				surface area shall be provided in the non-swimmer area for each non-swimmer
				expected at time of maximum load.
(b) 20 square feet shall be provided in the
				swimming area for each swimmer expected at time of maximum lo a d .
(c) 300 square feet of pool water surface
				area shall be reserved around each diving board or diving platform and this
				area shall not be included in computing the area of the swimming
				area.
(d) 100 square feet of pool
				water surface area shall be reserved around each slide and this area shall not
				be included in computing the area of the swimming area.
(e) The bather load capacity shall be stated
				on the permit. (
see
105
				CMR 435.21(1)  ).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.28 - Bacterial Quality

Current through Register 1525, July 5, 2024
The Board of Health may cause samples of swimming, wading, or
				  special purpose pool water for bacteriological analysis to be taken from the
				  pool whenever it considers it necessary. All samples shall be collected,
				  dechlorinated and examined in accordance with the procedure outlined in the
				  latest edition of the Standard Methods for the Examination of Water and Waste
				  Water (APHA). The bacteriological quality of the water from the pool shall meet
				  the following standards: No sample shall:
(1) contain more than 200 bacteria per
				milliliter, as determined by the standard (35°C) agar plate count, or show
				a positive test (confirmed test) for coliform organisms in any of the five
				10-milliliter portions of a sample or more than 1. 0 coliform organism per 5 0
				milliliters when the membrane filter test is used; and
(2) show a positive test (confirmed test) for
				pseudomonas aeruginosa organisms in any of the five 10 milliliter portions of a
				sample or more than 1.0 pseudomonas a eruginosa organisms per 100 milliliters
				when the membrane filter test is used.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.29 - Chemical Standards

Current through Register 1525, July 5, 2024
(1) Swimming,
				wading and special purpose pool water shall be treated in accordance with the
				following tables:
Type of
Disinfection
pH
Alkalinity
(ppm)
								(mg/l)
Residual Chlorine
(ppm)
								(mg/l)
Chlorine
7.2-7.8
50-150
1.0-3.0 Free 0.0-0.2 Combined
Bromine
7.2-7.8
50-150
2.0-6.0
Other equally effective disinfectants registered with the
				  United States Environmental Protection Agency as an approved disinfectant, may
				  be used as a substitute for chlorine or bromine, subject to the approval of the
				  local Board of Health.
(2)
				Tests for residual disinfectant shall be made four times daily, once during the
				peak load by the pool operator, or more often if required by the Board of
				Health.
(3) Hydrogen-Ion
				Concentration (pH): Tests for hydrogen-ion concentration (pH) shall be made
				simultaneously with the residual disinfectant test by the pool operator of each
				swimming pool, and whenever else the Board of Health considers it
				necessary.
(4) Alkalinity and
				calcium hardness: Tests for alkalinity and calcium hardness shall be made
				weekly by the pool operator of each pool and whenever else the Board of Health
				considers it necessary.
(5) If
				cyanuric acid is used to stabilize the free available residual chlorine, or if
				one of the chlorinated is ocyanurate compounds is used as the disinfecting
				chemical, the concentration of cyanuric acid in the water should be at least 30
				mg/l, but shall not exceed 100 mg/l.
(6) When electronic monitoring devices are
				used in conjunction with chlorine or bromine disinfection at a swimming, wading
				or special purpose pool, the operator shall check the disinfectant, pH and
				alkalinity levels manually at least once every 24 hours.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.30 - Water Testing Equipment

Current through Register 1525, July 5, 2024
(1) The operator
				shall provide and use a DPD test kit for measuring the concentration of
				chlorine or bromine and an appropriate test kit for measuring pH, alkalinity,
				and cyanuric acid levels at each swimming, wading and special purpose pool. The
				test kit shall be maintained in good repair together with an adequate supply of
				reagents that are no more than one year old. The requirements of
				105 CMR 435.29
				will not be superseded by the use of automatic equipment.
(2) An accurate unbreakable thermometer
				(± 1°F) shall be provided at each special purpose pool to determine
				water temperature.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.31 - Water Clarity

Current through Register 1525, July 5, 2024
At all times any swimming, wading or special purpose pool is
				  in use, the water shall be sufficiently clear to permit a black discsix inches
				  in diameter on a white field, when placed on the bottom of the pool at the
				  deepest point, to be clearly visible from the sidewalks of the pool at all
				  distances up to ten yards measured from a line drawn across the pool through
				  said disc.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.32 - Water Quality Maintenance

Current through Register 1525, July 5, 2024
(1) Clarity and
				cleanliness of the water in a swimming, wading or special purpose pool shall be
				maintained by a continuous recirculation of the water through an appropriate
				filtration system approved by the Board of Health. The following minimum
				turnover rates shall be maintained:
(a)
				swimming pools-once every eight hours,
(b) wading pools-once every four
				hours,
(c) special purpose
				pools-once every ½ hour.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.33 - Maximum Operating Temperatures For Special Purpose Pools

Current through Register 1525, July 5, 2024
(1) At no time shall the water temperature in
				special purpose pools exceed 104°F.
(2) A thermostatic control for water
				temperature which ensures compliance with 105 CMR 435.33(1) shall be provided
				at each special purpose pool. The thermostatic control shall only be accessible
				to the pool operator.
(3) Water
				temperature shall be determined when the pH and residual disinfectant are
				tested.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.34 - Closure of Pool

Current through Register 1525, July 5, 2024
(1) The operator
				shall be familiar with the provisions of
				105 CMR 435.000 and every
				other applicable law and regulation pertaining to swimming, wading and special
				purpose pools including testing equipment and safe handling of
				chemicals.
(2) If at any time the
				swimming, wading or special purpose pool water does not conform with the
				requirements set forth in
				105 CMR 435.28
				through
				435.31, the
				operator shall immediately close the pool until the pool water conforms with
				those standards.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.35 - Water Slide Flumes

Current through Register 1525, July 5, 2024
(1) Standards of
				water quality for water slide flumes shall conform with the requirements set
				forth in
				105 CMR 435.28
				through
				435.30.
(2) Clarity and cleanliness of the water
				shall be maintained by a continuous recirculation of the water through an
				appropriate filtration system approved by the Board of Health. A turnover rate
				of at least once per hour shall be maintained.
(3) The operator of any water slide flume
				shall be familiar with the provisions of
				105 CMR 435.000 and every
				other applicable law and regulation pertaining to water slide flumes.
(4) If at any time the water does not conform
				with the requirements set forth in 105 CMR 435.35(1), the operator shall
				immediately close the water slide flume until the water conforms with those
				standards.
(5) A flume shall be
				perpendicular to the splash down pool wall for a distance of at least ten feet
				from the exit end of the flume. The last ten feet of the flume shall have a
				slope which is not steeper than 1 in 10.
(6) The distance between the side of a flume
				terminus and a splash down pool side wall shall be at least five feet unless
				the flume terminus is designed to move sliders away from the wall and the
				distance to an adjacent flume is at least eight feet. The distance between
				sides of adjacent flume terminuses shall be at least five feet. The distance
				between a flume terminus and the opposite side of the splash down pool shall be
				at least 25 feet and steps shall not infringe upon this area.
(7) A flume shall terminate between a depth
				of six inches below the splash down pool operating water level and two inches
				above the water surface.
(8) The
				construction dimensions and the mechanical attachment of the flume components
				shall be such that the surface of the flume is smooth and continuous for its
				entire length.
(9) Each flume shall
				have a distinctive line or marking to indicate the starting zone in which only
				one rider at a time is permitted. This line shall be in accordance with the
				manufacturer's specifications or 30 feet, whichever is the longer distance. A
				sign shall be posted at the top of the slide warning all sliders not to proceed
				down the slide until the slider in front has passed this line.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.36 - Splash Down Pools

Current through Register 1525, July 5, 2024
(1) The splashdown
				pool operating water depth at the end of the flume shall be between 2 ½
				and 3 ½ feet. This depth shall be maintained in front of the flume for a
				distance of at least ten feet, from which the splash down pool floor may have a
				constant slope upward to a minimum water depth of two feet. This slope shall
				not be steeper than 1 vertical in 12 horizontal. The bottom shall slope to the
				main drain at least two inches in ten feet.
(2) A surge storage area shall be provided,
				which will contain the water used for pumping onto the slide during periods
				when the slide is not in use, except where the splash down pool is a swimming
				pool where the water elevation will not be lowered by more than one inch when
				the flume pumps are in operation.
(3) Where a swimming pool is used as a splash
				down pool the area where the slide exits shall be roped off from the area of
				the pool used for swimming and bathing. Distances to any roping shall comply
				with the clearances specified in
				105 CMR
				435.35(6).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.37 - New and Innovative Equipment and Procedures

Current through Register 1525, July 5, 2024
The use of any new and innovative equipment or disinfection
				  methods other than those described herein is prohibited unless approved in
				  writing by the Department.
The Department may approve innovative equipment and operating
				  procedures if it can be demonstrated by the applicant that their use will
				  achieve the intent of
				  105 CMR 435.000 to provide
				  a reasonable safe environment and that any hazard to public health is not
				  greater than that of other approved euipment and procedures.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Operation and Maintenance › Section 435.38 - General Sanitation

Current through Register 1525, July 5, 2024
All swimming, wading and special purpose pools and all
				  bathhouses, grounds and appurtenances shall be maintained in good repair and in
				  a safe and sanitary manner.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Administration and Enforcement › Section 435.41 - General Administration

Current through Register 1525, July 5, 2024
The provisions of
				  105 CMR 400.000 shall
				  govern the administration and enforcement of 105 CMR 435.00 except as
				  supplemented by
				  105 CMR
				  435.42 through
				  435.47.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Administration and Enforcement › Section 435.42 - Orders: Service and Content

Current through Register 1525, July 5, 2024
(1) If an
				examination as provided for in
				105 CMR 400.100
				reveals that a swimming, wading or special purpose pool does not comply with
				the provisions of
				105 CMR 435.000, the Board
				of Health may order the owner to comply with the violated provision.
(2) If an examination reveals the existence
				of a health or safety hazard at any swimming, wading or special purpose pool,
				the Board of Health, may, as it considers necessary, issue an order which
				revokes or suspends a permit. Such an order shall be complied with in
				accordance with its directions and no person shall be permitted to enter the
				water of the swimming, wading or special purpose pool, unless and until the
				permit has been reissued or the order has been revoked in writing by the Board
				of Health.
(3) Every order
				authorized by
				105 CMR 435.000 shall be in
				writing. All orders shall be served on the owner or his agent;
(a) personally, by any person authorized to
				serve civil process, or
(b) by
				leaving a copy of the order at his last and usual place of abode, or
(c) by sending him a copy of the order by
				registered or certified mail, return receipt requested, if he is within the
				Commonwealth, or
(d) if his last
				and usual place of abode is unknown or outside the Commonwealth, by posting a
				copy of the order in a conspicuous place on or about the swimming, wading or
				special purpose pool or portion thereof affected.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Administration and Enforcement › Section 435.43 - Hearing

Current through Register 1525, July 5, 2024
(1) The person or persons to who many order
				has been served pursuant to
				105 CMR 435.000 may request
				a hearing before the Board of Health by filing with the Board of Health within
				seven days after the day the order was served, a written petition requesting a
				hearing on the matter. Upon receipt of such petition the Board of Health shall
				set a time and a place for such a hearing and shall inform the petitioner
				thereof in writing. The hearing shall be commenced not later than ten days
				after the day on which the petition was filed; provided, that on application of
				the petitioner the Board of Health may postpone the date of the hearing for a
				reasonable time beyond such ten-day period if in the judgment of the Board of
				Health the petitioner has submitted a good and sufficient reason for such
				postponement.
(2) At the hearing
				the petitioner shall be given an opportunity to be heard and to show why the
				order should be modified or withdrawn.
(3) After the hearing the Board of Health
				shall sustain, modify or withdraw the order and shall inform the petitioner in
				writing of its decision. If the Board of Health sustains or modifies the order,
				it shall be carried out within the time period allotted in the original order
				or in the modification.
(4) Every
				notice, order, or other record prepared by the Board of Health in connection
				with the hearing shall be entered as a matter of public record in the office of
				the Board of Health.
(5) If a
				written petition for a hearing is not filed in the office of the Board of
				Health within seven days after an order has been issued, or if after a hearing,
				the order has been sustained in any part, each day's failure to comply with the
				order as issued or modified shall constitute an additional offense.
				(
see
105 CMR 435.45
				).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Administration and Enforcement › Section 435.44 - Appeal

Current through Register 1525, July 5, 2024
Any person aggrieved by the final decision of the Board of
				  Health with respect to the denial of plan approval; variance request; the
				  denial, revocation of, or failure to renew a license; or with respect to any
				  order issued under the provisions of
				  105 CMR 435.000 may seek
				  relief from any court of competent jurisdiction, as provided by the laws of the
				  Commonwealth.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Administration and Enforcement › Section 435.45 - Penalties

Current through Register 1525, July 5, 2024
(1) Any person who operates or maintains a
				swimming, wading or special purpose pool without the unexpired and unrevoked
				written permission of the Board of Health shall upon conviction be fined not
				less than $250 nor more than $500. Each day's violation will constitute a
				separate offense.
(2) Any person
				who shall violate any provision of
				105 CMR 435.000 for which
				penalty is not otherwise provided in any of the General Lawsor in any other
				provisions of
				105 CMR 435.000 or
				105 CMR 400.000 shall upon
				conviction be fined not less than $50 nor more than $500. Each day's violation
				will constitute a separate offense.
(3) Any person who shall fail to comply with
				any order issued pursuant to the provisions of
				105 CMR 435.000 shall upon
				conviction be fined not less than $50 or more than $500. Each day's failure to
				comply with an order shall constitute a separate violation.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 435.000 - Minimum Standards For Swimming Pools (state Sanitary Code: Chapter V) › Administration and Enforcement › Section 435.46 - Variance

Current through Register 1525, July 5, 2024
Variances may be granted only as follows: The Board of Health
				  may vary the application of any provisions of 105 CMR 435.00 with respect to
				  any particular case when, in its opinion
(a) the enforcement thereof would do manifest
				injustice; and
(b) the applicant
				has proved that the same degree of protection required under 105 CMR 435.00 can
				be achieved without strict application of the particular provision.
Every request for a variance shall be made in writing and
				  shall state the specific variance sought and the reasons therefore. Any
				  variance granted by the Board of Health shall be in writing. Any denial of a
				  variance shall also be in writing and shall contain a brief statement of the
				  reasons for the denial. A copy of each variance shall be conspicuously posted
				  for 30 days following its issuance; and shall be available to the public at all
				  reasonable hours in the office of the city or town clerk or the office of the
				  Board of Health while it is in effect. Notice of the grant o f e a c h variance
				  shall be filed with the Department of Public Health, which shall approve,
				  disapprove, or modify the variance within 30 days from receipt thereof. If the
				  Department fails to comment within 30 days, its approval will be presumed. No
				  work shall be done under any variance until the Department approves it or 30
				  days elapse without its comment, unless the Board of Health or the Department
				  certifies in writing that an emergency exits.