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) › Section 435.01 - Definitions

Current through Register 1525, July 5, 2024
Board of Health
means the appropriate
				and legally designated health authority of the city, town, or other legally
				constituted governmental unit within the Commonwealth having the usual powers
				and duties of the board of health of a city or a town, or his or its authorized
				agent or representative.
Communicable Disease
means a disease
				which may be transmitted through the medium of water.
Department
means Department of Public
				Health.
Operator
means any person who
(a) alone or jointly or severally with others owns a public or
				semi-public swimming pool, wading or special purpose pool regulated by 105 CMR
				435.00 or
(b) has care, charge or control of such a pool as agent or
				lessee of the owner or as an independent contractor.
Person
means every individual,
				partnership, corporation, firm, association or group, including a city, town,
				county, or other governmental unit.
Public Pool
means every swimming,
				wading or special purpose pool, admission to which may be gained by the general
				public with or without the payment of a fee.
Residential Pool
means a swimming or
				wading poole stablished or maintained by an individual for his own or family's
				use, or for the use of personal guests of his household.
Semi-Public Pool
means a swimming,
				wading or special purpose pool on the premises of, or used in connection with a
				hotel, motel, trailer court, apartment house, condominium, country club, youth
				club, school, camp, or similar establishment where the primary purpose of the
				establishment is not the operation of the swimming facilities, and where
				admission to the use of the pool is included in the fee or consideration paid
				or given for the primary use of the premises. Semi-public pool shall also mean
				a pool constructed and maintained by groups for the purposes of providing
				bathing facilities for members a nd guests only.
Special Purpose Pool
means a unit
				designed for recreational and therapeutic use which is shallow in depth and not
				meant for swimming or diving. These pools are not drained, cleaned or refilled
				for each user. It may include, but not be limited to hydrojet circulation, hot
				water, cold water mineral baths, air induction bubbles, or any combination
				thereof. Industry terminology for such a pool includes but is not limited to,
				therapeutic pool, hyrotherapy pool, whirlpool, hot spa, hot tubs, float tanks,
				etc. This standard excludes residential units and facilities used or under the
				direct supervision and control of licensed medical personnel.
Swimming Pool
means and includes every
				artificial pool of water having a depth of two feet or more at any point and
				used for swimming or bathing, located indoors or outdoors, together with the
				bathhouses, equipment, and appurtenances used in connection with the pool. It
				does not include any special purpose pool or residential pool as herein defined
				nor does it include any pool used primarily for baptismal purposes or the
				healing arts.
Wading Pool
means a pool of water in a
				basin having a maximum depth of less than two feet intended chiefly as a wading
				place for children. It does not include any residential pool as herein
				defined.
Water Slide Flume
means a recreational
				device that provides a descending ride into a splashdown pool, which is not
				designed for swimming or wading, at the base of the slide. Low frictionis
				achieved in all designs by providing a flowing water film.