219625 This Final Rulemaking repeals the current schedule fines and replaces it with a new schedule of fines for swimming pool and spa facilities that corresponds with the new Swimming Pool and Spa Regulations published in the D.C. Register on ...
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DEPARTMENT OF HEALTH
NOTICE OF FINAL RULEMAKING
The Director of the Department of Health, pursuant to the authority set forth in section 104 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985, (D.C. Law 6-42; D.C. Official Code § 2-1801.04) (2007 Repl.), section 4902(b) of the Department of Health Functions Clarification Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-731(b)) (2008 Repl.); and Mayor’s Order 2004-46, dated March 22, 2004, Sections 2 (a) – (d) and 3 (v), and Mayor’s Order 2001-111, dated August 6, 2001, hereby gives notice of the adoption of amendments to Title 16, Chapter 36 of the District of Columbia Municipal Regulations (DCMR) that repeal the current swimming pool and spa fine schedule in section 3621 and replace it with a new schedule of fines for swimming pool and spa facilities, also located in section 3621. The new schedule of fines corresponds with the new Swimming Pool and Spa Regulations that were published in the D.C. Register on December 26, 2008, at 55 DCR 12845.
A Notice of Emergency and Proposed Rulemaking was published in the D.C. Register on August 21, 2009, at 56 DCR 34. The Department did not receive any comments on the proposed rulemaking and no changes were made to the emergency and proposed rules. These rules will take effect immediately upon publication of this notice in the D.C. Register.
Section 3621 of Chapter 36 of Title 16 DCMR (Civil Infractions Schedule of Fines) is amended to read as follows:
3621 SWIMMING POOL AND SPA OPERATIONS INFRACTIONS
3621.1 Reserved
3621.2 Violation of any of the following provisions shall be a Class 2 infraction:
(a) 22 DCMR 6463.1(t) (Owning, operating, or managing a public swimming pool or spa without a valid license issued by the Department in violation of section 6445.1);
(b) 22 DCMR 6463.1(u) (Failure of licensee or manager to employ an individual to serve as swimming pool and spa operator who possesses a valid swimming pool and spa operator’s permit issued by the Department in violation of section 6445.2);
(c) 22 DCMR 6484.1 (Operating a swimming pool or spa with a suspended license);
(d) 22 DCMR 6463.1(p) (Constructing, installing, renovating, or retrofitting a swimming pool or spa without written approved from the Department of Health and the District of Columbia Department of Consumer and Regulatory Affairs in violation of 6445.3); or
(e) 22 DCMR 6439.9 (Operating an outdoor swimming pool or spa pool with safety covers that have not been retrofitted to comply with the swimming pool and spa drain cover entrapment protection standards of the ASME/ANSI A112.19.8 performance standard as specified in section 6420.6).
3621.3 Violation of any of the following provisions shall be a Class 3 infraction:
(a) 22 DCMR 6463.1(t) (Operating a public swimming pool or spa with an expired license in violation of section 6445.1);
(b) 22 DCMR 6463.1(a) (Operating a swimming pool or spa when the disinfectant level is below the minimum or above the maximum in violation of section 6416.2(b));
(c) 22 DCMR 6463.1(b) (Operating a swimming pool or spa with improper residuals; or with human or environmental contamination that is not properly treated or disinfected in violation of section 6418);
(d) 22 DCMR 6463.1(c) (Operating a swimming pool or spa when the pH of the pool water is below 7.2 or above 7.8 in violation of section 6416.2(a));
(e) 22 DCMR 6463.1(d) (Operating a swimming pool or spa when 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);
(f) 22 DCMR 6463.1(e) (Operating a swimming pool or spa when the recirculation system or disinfection feeding equipment is missing, malfunctioning, or not functioning);
(g) 22 DCMR 6463.1(f) (Operating a swimming pool or spa facility when a main drain grate is missing, unsecured, improperly secured or damaged);
(h) 22 DCMR 6463.1(g) (Operating a swimming pool or spa when 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);
(i) 22 DCMR 6463.1(h) (Operating a swimming pool or spa with a fire on the premise);
(j) 22 DCMR 6463.1(i) (Operating a swimming pool or spa with a flood on the premises);
(k) 22 DCMR 6463.1(j) (Operating a swimming pool or spa with an extended interruption of electrical or water service);
(l) 22 DCMR 6463.1(k) (Operating a swimming pool or spa with a sewage backup;
(m) 22 DCMR 6463.1(l) (Operating a swimming pool or spa with a misuse of chemicals;
(n) 22 DCMR 6463.1(m) (Operating a swimming pool or spa with the onset of a confirmed waterborne illness);
(o) 22 DCMR 6463.1(n) (Operating a swimming pool or spa with a gross unsanitary occurrence or condition);
(p) 22 DCMR 6463.1(o) (Failing to eliminate a public nuisance dangerous to health);
(q) 22 DCMR 6463.1(p) (Operating a swimming pool or spa with any modification resulting in the operation of a swimming pool or spa in a manner unsanitary or dangerous to public health or safety);
(r) 22 DCMR 6463.1(q) (Failing to allow the Department access to a swimming pool or spa in violation of section 6455);
(s) 22 DCMR 6463.1(r) (Failing to provide copies of the swimming pool or spa’s Child Safety Plan to the Department for review and approval in violation of section 6411.1);
(t) 22 DCMR 6463.1(s) (Operating a swimming pool or spa with 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);
(u) 22 DCMR 6463.1(v) (Operating a public swimming pool or spa without a lifeguard in violation of section 6410);
(v) 22 DCMR 6463.1(w) (Operating 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);
(w) 22 DCMR 6463.1(x) (Operating a swimming pool or spa with any condition that 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.
(x) 22 DCMR 6412 or 6413 (Use of pool water that is not potable water from the District of Columbia public water system);
(y) 22 DCMR 6403.1 through 6403.3 (Failure to post required “Swimming Pool Admission Rules”);
(z) 22 DCMR 6403.4 (a) - (i) (Failure to enforce “Pool Rules”);
(aa) 22 DCMR 6403.5 and 6403.6 (Failure to post required “Warning Signs”);
(bb) 22 DCMR 6404.1 and 6404.2 (Failure to post required “Spa Pool Admission Rules”);
(cc) 22 DCMR 6404.3 (Failure to provide a clock or other time-keeping device which is visible to bathers using the spa);
(dd) 22 DCMR 6405.1 (Employment of an individual who is not certified to service the cleanliness, water quality and chemical balance of a public pool);
(ee) 22 DCMR 6405.2 or 6405.7 (Employment of a swimming pool and spa operator whose certification is not recognized by the Department);
(ff) 22 DCMR 6406.1 (Failure to have a certified swimming pool or spa operator on duty during all hours of operation);
(gg) 22 DCMR 6406.2 (Employment of a swimming pool or spa operator who is not knowledgeable in the areas specified in section 6405.3);
(hh) 22 DCMR 6406.3 (Employment of a swimming pool or spa operator who does not have a valid permit issued by the Department);
(ii) 22 DCMR 6407.1 (Employment of a lifeguard or swimming instructor who is not certified in lifeguarding or swimming instruction by the American Red Cross, YMCA, or other equivalent nationally recognized aquatic training organization);
(jj) 22 DCMR 6407.2 (Employment of a lifeguard or swimming instructor who does not possess current certificates in First Aid and in adult, child and infant cardiopulmonary resuscitation through the American Red Cross, the American Heart Association, the National Safety Council, or the American Academy of Orthopedic Surgeons);
(kk) 22 DCMR 6408.3 (Failure to ensure that all bathers are out of the water and remain out of the water during a lifeguard’s absence);
(ll) 22 DCMR 6414.2 (Operating a swimming pool or spa pool with heaters that exceed the maximum water temperature of one hundred and four degrees Fahrenheit (104 ° F) (forty degrees Centigrade (40° C));
(mm) 22 DCMR 6415.1 or 6418.1 (Operating a swimming pool or spa pool with water that is contaminated);
(nn) 22 DCMR 6410.1 through 6410.5 (Failure to provide an adequate number of lifeguards);
(oo) 22 DCMR 6411.1 (Failure to follow an approved Child Safety Plan);
(pp) 22 DCMR 6417.1 (Failure to have chemical required test kits on the premises);
(qq) 22 DCMR 6417.2 through 6417.4 (Failure to use a chemical test kit as required);
(rr) 22 DCMR 6421.1 (Operating a swimming pool or spa with an unapproved direct mechanical connection between the potable water supply and the swimming pool or spa, chlorinating equipment, or the system of piping for the swimming pool or spa that is not protected against backflow and back-siphonage);
(ss) 22 DCMR 6421.3 (Failure to discharge backwash or drainage waters of a swimming pool or spa into a sanitary sewer through an approved air gap or other means approved by the Department of Consumer and Regulatory Affairs);
(tt) 22 DCMR 6422.1 (a) through (n) (Failure to record daily water quality logs as required);
(uu) 22 DCMR 6422.2 through 6422.6 (Failure to record daily safety logs as required);
(vv) 22 DCMR 6422.7 (Failure to comply with all recommendations found in the Centers for Disease Control and Prevention (CDC) “Fecal Incident Response Recommendations for Pool Staff”);
(ww) 22 DCMR 6423.1 (Failure to report any death, serious injury, or injury that requires resuscitation or admission to a hospital occurring at the swimming pool or spa to the Department within twenty-four (24) hours of the incident);
(xx) 22 DCMR 6423.2 (Failure to report a complaint of illness attributed by a bather to use of a swimming pool or spa to the Department within twenty-four (24) hours of the incident);
(yy) 22 DCMR 6427.3. (Improper storage of chemical emitting corrosive fumes or other items that block the room’s entrance);
(zz) 22 DCMR 6429.1 through 6429.6 (Failure to have the required first aid and lifesaving equipment available on the premises);
(aaa) 22 DCMR 6436.1 (Failure to provide minimum shower facilities);
(bbb) 22 DCMR 6436.2 (Failure to provide appropriate water at shower heads);
(ccc) 22 DCMR 6437.4 (Failure to use a disinfectant or chemical feeder to maintain appropriate disinfectant residuals);
(ddd) 22 DCMR 6437.4 (Use of a pesticide in a manner that is inconsistent with the labeling of the pesticide or inconsistent with the restrictions imposed on the use of the pesticide by the United States Environmental Protection Agency or the Department);
(eee) 22 DCMR 6437.5 (Improper use of chemical products);
(fff) 22 DCMR 6437.6 (Use of disinfecting products other than chlorine or bromine that has not been approved by the Department);
(ggg) 22 DCMR 6438.1 through 6438.5 (Failure to label and store chemicals in a cool, dry, and well-ventilated area under a roof that is inaccessible to the public);
(hhh) 22 DCMR 6439.1 through 6439.7 (Operating an outdoor swimming pool or spa pool without the required effective barriers or fences); or
(iii) 22 DCMR 6440.1 or 6441.1 (Failing to minimize the presence of insects, rodents, or other pests on the premises).
3621.4 Violation of any provision of the District’s Swimming Pool and Spa Regulations (22 DCMR, Chapter 64), which is not cited elsewhere in this section shall be a Class 4 infraction.
