Section 25-C6463. IMMINENT HEALTH HAZARD - CEASING OPERATIONS AND EMERGENCY REPORTING*

 

6463.1A licensee shall immediately discontinue operations and notify the Department whenever any of the following conditions occur:

 

(a)The disinfectant level is below the minimum or above the maximum in violation of section 6416.2(b);

 

(b)Improper residuals; or human or environmental contamination not properly treated or disinfected in violation of section 6418;

 

(c)The pH of the pool water is below 7.2 or above 7.8 in violation of section 6416.2(a);

 

(d)The clarity of the pool water is such that the main drain grate is not readily visible from the pool deck in violation of section 6414.1;

 

(e)The recirculation system or disinfection feeding equipment is missing, malfunctioning, or not functioning;

 

(f)A main drain grate is missing, unsecured, improperly secured or damaged;

 

(g)Direct suction exists on the main drain in violation of 6420.6 or the corrective actions are not completed by the required dates in violation of section 6420.5;

 

(h)A fire;

 

(i)A flood;

 

(j)An extended interruption of electrical or water service;

 

(k)A sewage backup;

 

(l)A misuse of chemicals;

 

(m)The onset of a confirmed waterborne illness;

 

(n)A gross unsanitary occurrence or condition;

 

(o)Failure to comply with any of the requirements in these regulations constituting a public nuisance dangerous to health;

 

(p)Any modification resulting in the operation of a swimming pool or spa in a manner unsanitary or dangerous to public health or safety;

 

(q)Failure to allow the Department access to a swimming pool or spa in violation of section 6455;

 

(r)Failure to provide copies of the facility's Child Safety Plan to the Department for review and approval in violation of section 6411.1;

 

(s)Existence of a condition that may endanger the health and safety of an individual using a swimming pool or spa, including but not limited to, a missing or not properly secured drain cover or other suction outlet entrapment hazard;

 

(t)Operation of a public swimming pool or spa without a valid license issued by the Department in violation of section 6445.1;

 

(u)Operation of a public swimming pool or spa without a valid swimming pool and spa operator's permit issued by the Department in violation of section 6445.2;

 

(v)Operation of a public swimming pool or spa without a lifeguard in violation of section 6410;

 

(w)Operation of a public swimming pool or spa with a lifeguard who does not possess a current American Red Cross, YMCA, or equivalent nationally recognized Certifications in Lifeguarding, Adult/ Child/ Infant CPR, and First Aid; or

 

(x)The Department determines through an inspection, or examination of records or other means as specified in section 6455 the existence of any other condition which endangers the health, safety, or welfare of persons using the pool, including but not limited to:

 

(1)A drowning hazard;

 

(2)Broken glass, sharp edged or broken tile or metal, or other abrasion hazards;

 

(3)Fecal accidents;

 

(4)Electrical violations; or

 

(5)Severe algae growth.

 

6463.2When any of the conditions listed in section 6463.1 of these regulations exist, the Department shall attach a sign that states:

 

POOL CLOSED. This facility is closed until further notice by the Department of Health for imminent health hazard(s) in violation of Section 6463 of the Swimming Pool and Spa Regulations. (Title 22, Chapter 64 of the District of Columbia Municipal Regulations)

 

source

Final Rulemaking published at 55 DCR 012845 (December 26, 2008).