Title of Regulation: 12VAC5-460. Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools (amending 12VAC5-460-30, 12VAC5-460-40, 12VAC5-460-60, 12VAC5-460-80 through 12VAC5-460-130, 12VAC5-460-150, 12VAC5-460-170, 12VAC5-460-200, 12VAC5-460-210, 12VAC5-460-220, 12VAC5-460-240, 12VAC5-460-330, 12VAC5-460-350 through 12VAC5-460-380, 12VAC5-460-400, 12VAC5-460-410, 12VAC5-460-430, 12VAC5-460-440; repealing 12VAC5-460-70, 12VAC5-460-140, 12VAC5-460-230, 12VAC5-460-420).

Statutory Authority: § 35.1-11 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: October 2, 2019.

Effective Date: October 17, 2019.

Agency Contact: Julie Henderson, Director of Food and General Environmental Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23235, telephone (804) 864-7455, FAX (804) 864-7475, TTY (800) 828-1120, or email julie.henderson@vdh.virginia.gov.

Basis: The Virginia Department of Health (VDH) has general authority to promulgate regulations pursuant to § 35.1-11 of the Code of Virginia, which states that the State Board of Health shall make, adopt, promulgate, and enforce regulations necessary to carry out the provisions of Title 35.1 of the Code of Virginia to protect the public health and safety. Section 35.1-13 of the Code of Virginia requires the board to promulgate regulations for hotels, including minimum standards for swimming pools and spas. Additionally, §§ 35.1-16 and 35.1-17 of the Code of Virginia authorize the board to regulate swimming facilities at summer camps and campgrounds, respectively.

Section 36-98 of the Code of Virginia directs and authorizes the Board of Housing and Community Development to adopt the Virginia Uniform Statewide Building Code (USBC) and outlines that the USBC shall supersede any building codes and regulations of other state agencies, with the exception of public water supply systems, sewage treatment facilities, and solid waste facilities. Section 36-98 also provides that state agencies are not prevented from requiring the maintenance of facilities in accordance with provisions of the USBC.

Purpose: Design and construction provisions of 12VAC5-460 have been superseded by the USBC, and this regulatory action removes the superseded provisions, and where possible, rewords existing requirements to accurately reflect VDH's authority to enforce existing standards. This approach protects the health and safety of pool patrons because it keeps the majority of health standards intact without misrepresenting VDH authority. The goal of this action is to remove superseded and void provisions, make clear to the regulated public and VDH staff where VDH authority lies, and retain standards protective of the health and safety of tourist lodging pool and spa patrons.

Rationale for Using Fast-Track Rulemaking Process: The provisions in 12VAC5-460 that have been superseded by the USBC must be removed to avoid confusion by regulated entities and VDH field staff. This action is noncontroversial because the superseded design and construction provisions now have no legal basis, and their removal effects no significant change in the requirements borne by tourist lodging pool and spa operators. This means that the major effect of the action will be that the regulation will accurately reflect the health requirements in place and what VDH has the authority to inspect. The regulation will continue to protect the health, safety, and welfare of tourist lodging pool and spa patrons because maintenance and operation requirements will remain in place and unaltered by this regulatory action.

Substance:

1. Four sections that pertain only to construction and design are repealed.

2. Two sections containing administrative provisions that conflict with the boundaries of VDH authority are revised so that the text (i) reflects VDH authority and describes procedures that differ only semantically from previous requirements and practices or (ii) prescribes current practices in more detail than previously included in the regulation. These procedures will not present any additional burden to the regulated public.

3. Provisions that include both construction and operational regulations are reworded to shift requirements from design and construction to maintenance and operation only.

4. Where operational standards are found in the 2012 International Swimming Pool and Spa Code of the USBC (i.e., flow and circulation parameters, entrapment prevention, and barrier protection), the language is reworded to retain existing standards only for pools constructed under a prior building code that did not address that operational standard.

Issues: The primary advantages of this regulatory action to the public and the agency are (i) an increase in transparency regarding the authority of VDH and (ii) an increase in clarity regarding health and safety regulations governing tourist lodging pools and spas. There is no disadvantage to either the public or the agency.

Small Business Impact Review Report of Findings: This fast-track regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Summary of the Proposed Amendments to Regulation:

The Board of Health (Board) proposes to repeal design/construction criteria for tourist establishment and other public swimming pools in this regulation.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The purpose of this regulation is to prevent illnesses and injuries at tourist establishment and other public swimming pools through design/construction and operation/maintenance standards. Environmental health staff inspect these facilities for water quality and safe operation during hotel, campground, and summer camp periodic inspections.

Currently, the regulation contains both design/construction and operation/maintenance standards. According to the Virginia Department of Health (VDH), at the time of the regulation's promulgation in 1962, Virginia's building codes contained few requirements for swimming pools and spas, and those building code design/construction requirements for tourist lodging pools were incorporated into the regulation by reference. On July 14, 2014, the 2012 International Swimming Pool and Spa Code (ISPSC) was adopted by reference into the Virginia Uniform Statewide Building Code (USBC), increasing the specificity of pool design/construction standards found in the USBC. Virginia Code § 36-98 specifies that the design/construction criteria of the Virginia Uniform Statewide Building Code supersede the regulations of other state agencies.¹ Therefore, design/construction criteria contained in this regulation are effectively void. The Board proposes to repeal the void provisions and reword the operation/maintenance requirements for consistency without introducing any new requirements. Tourist lodging establishments that would have previously sought a construction permit from VDH would now undergo a plan review of items similar to those previously reviewed prior to the issuance of a construction permit, minus design/construction criteria. Local building official approval procedures will not be affected by this regulatory change.

The main effect of repealing the design/construction standards from this regulation is elimination of a potential source of confusion among touristic and public pool owners and VDH field staff. For example, currently, the required deck width in this regulation is four feet while it is three feet in ISPSC.² The proposed amendments will eliminate such void and potentially conflicting design/construction standards in this regulation. Owners and operators of tourist lodging pools should benefit from greater transparency and clarity regarding the division of authority over tourist lodging facility pools and spas. The revision to reflect applicable standards may also result in incidental cost savings to VDH, local USBC administrators, and pool owners related to resolving conflicts that may be created by improper application of authority.

Businesses and Entities Affected. There are approximately 1,000 touristic and public swimming pools in the Commonwealth, the majority of which are believed to be owned by small businesses.³ Inspections generally occur annually, but may be performed up to every three years in some localities.

Localities Particularly Affected. This regulation particularly affects localities with higher concentrations of touristic establishments (e.g., eastern shore).

Projected Impact on Employment. The proposed amendments are unlikely to significantly affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to significantly affect the use and value of private property.

Real Estate Development Costs. The proposed amendments are unlikely to significantly affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The majority of affected pool owners are estimated to be small businesses. The proposed amendments would not significantly affect costs for small businesses. The other effects on them are the same as discussed above.

Alternative Method that Minimizes Adverse Impact. The proposed amendments do not adversely affect small businesses.

Adverse Impacts:

Businesses. The proposed amendments do not adversely affect businesses.

Localities. The proposed amendments do not adversely affect localities.

Other Entities. The proposed amendments do not adversely affect other entities.

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¹https://law.lis.virginia.gov/vacode/title36/chapter6/section36-98/

²Source: VDH

³Ibid

Agency's Response to Economic Impact Analysis: The Virginia Department of Health concurs with the Department of Planning and Budget's economic impact analysis. Regarding the section titled "Localities Particularly Affected," the economic impact analysis refers to the Eastern Shore of Virginia as a locality with a high concentration of tourist lodging. This reference is more accurately made to eastern Virginia's Tidewater Region and Northern Virginia.

Summary:

The amendments (i) remove design and construction provisions, which are currently controlled by the International Swimming Pool and Spa Code incorporated into the Virginia Uniform Statewide Building Code (13VAC5-63), and (ii) clarify maintenance and operation requirements for tourist lodging facility and other public swimming pools, which are inspected by Virginia Department of Health staff during hotel, campground, and summer camp annual inspections.

12VAC5-460-30. Permits Plan review.

A permit shall be obtained from the State Health Commissioner before the construction, remodeling, or major alteration of any swimming pool. Plans and specifications shall have been approved by the State State Health Commissioner prior to the issuance of such permit. Plans and specifications must be submitted in triplicate to the State Health Commissioner, and one set of plans and specifications, when approved, will be so stamped and returned to the applicant. Original tracings will not be stamped for approval.

A. To ensure the health and safety of all swimming pool patrons, any person planning to initially open a swimming pool after construction, remodeling, or major alteration at a tourist lodging facility must, prior to operation of the swimming pool, submit to the local health department in the locality in which the tourist lodging facility is located complete plans or statements that show the following:

1. Plans for the pump and recirculation system.

2. Plans for the operation and maintenance of the pool disinfection and filtration system, including plans for the filtration room.

3. The proposed source and location of the pool water supply and proposed method and location of all wastewater disposal systems.

4. The name and mailing address of the person operating the pool and the physical address of the pool.

5. Such other pertinent information as the State Health Commissioner may deem necessary to ensure a safe and healthy environment for users of the swimming pool.

B. When, upon review of the plans, the State Health Commissioner is satisfied that the proposed plans if executed will meet the requirements of this chapter and other pertinent laws and regulations designed to protect the public health, written approval shall be issued by the State Health Commissioner.

C. When upon review of the plans, the State Health Commissioner determines that the proposed plans prevent a safe sanitary operation, the plans shall be disapproved and the applicant shall be notified in writing of any deficiency in the plans that constitute the basis for disapproval. The applicant shall be notified of the opportunity for administrative process as provided by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

D. No person shall operate a tourist establishment swimming pool or spa until written approval has been granted by the State Health Commissioner.

E. Any person whose plans have been disapproved may request and shall be granted an appeal as described by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

Part II
Swimming Pools; Design and Construction

12VAC5-460-40. Water supplies.

All water used in swimming pools shall be from sources that are approved by the State Health Commissioner. No piping arrangements shall exist which, under any conditions, will permit sewage or waste water wastewater shall be allowed to enter the swimming pool water system or. No water from the swimming pool shall be allowed to enter the make-up water supply.

12VAC5-460-60. Materials of pool shell.

Swimming pool shells shall be constructed of reinforced concrete or its equivalent in strength and durability, designed and built to withstand anticipated stresses, water tight, and shall have smooth and easily cleanable surfaces kept clean. A white or light colored waterproof The interior finish which will withstand repeated brushings, scrubbing, and cleaning procedures shall completely line the pool to the coping shall be maintained so that it does not obscure objects or surfaces within the pool or spa.

12VAC5-460-70. Shape and slopes. (Repealed.)

The pool shall be designed and constructed of such shape, contour, etc., that efficient and safe control of the bathers can be accomplished. In water depths under five feet, the slope of the bottom shall not exceed one foot in 12 feet. Pool walls shall be vertical from the break point toward the deep end for at least three feet below the water line and vertical from the break point to the shallow end to within one foot of the finished floor of the pool.

12VAC5-460-80. Pool decks.

There shall be a deck at least four feet wide extending around the entire perimeter of the pool. The deck shall be constructed of concrete or other approved material. The material shall Decks shall be maintained to have a nonslip but smooth finish. The deck shall have a pitch of not less than 1/8 of an inch nor more than 5/8 of an inch to the foot and be so designed as to conduct drainage Drainage shall be directed away from the pool area in a manner that will not create or maintain pools of water or a nuisance.

12VAC5-460-90. Fences.

All outdoor swimming pools Any fences or other barriers, and any gates and latches required by the Virginia Uniform Statewide Building Code (13VAC5-63) shall be enclosed by a substantial barrier or fence of at least three feet in height to promote safety and cleanliness of water properly maintained and in good operable condition. A gate at least three feet in height and of material as substantial as the fence or barrier shall be provided When safety criteria for barriers are not prescribed by the Building Code in effect at the time of the pool's construction, steps shall be taken to protect against undesired access into the pool area.

12VAC5-460-100. Steps and ladders.

Two or more ladders shall be provided for all pools having a perimeter greater than 100 feet and one means of egress for pools having a perimeter of 100 feet or less. Steps projecting into the pool area are prohibited. Treads of All ladders, steps, and handrails required by the Virginia Uniform Statewide Building Code (13VAC5-63) shall be properly maintained and in operable condition. Nonslip finishes shall be maintained on all pool steps, ladders, or other means of ingress or egress shall be of nonslip construction. Each recessed step area shall be provided with one or more handrails.

12VAC5-460-110. Overflow facilities.

Provision shall be made for removal from The presence of floating material and scum is prohibited; pools shall have adequate water circulation and filtration equipment sufficient to keep floating material or scum from accumulating on the surface of the water.

If a recessed type of gutter located near the top of the walls is to be used, the gutter shall have a minimum depth of three inches and shall be of a design which will permit satisfactory cleaning of the overflow channel. The gutter drain outlets shall be spaced around the pool not more than 15 feet on centers. The gutter bottom shall slope toward these outlets with a minimum slope of 1/8 of an inch to the foot. The drains shall not be less than 2 ½ inches in diameter and the total orifice area of the grating shall be at least twice the cross-sectional area of the outlet pipe.

For pools with overflowing gutters, a water level control tank shall be provided which will effectively provide for maintenance of the water level so as to produce constant surface skimming action at all times.

The above described gutter may be replaced by an arrangement of overflow devices in the pool walls which provides the proper removal of scum and floating material. There shall be one such device for each 400 square feet of pool area with a minimum of four per pool, each of which shall be individually controlled.

If the recirculation system is designed for water to enter the bottom portion of the pool and overflow the top, then adequate drainage of the scum and floating material from the deck must be provided. This drainage may be by a continuous drain or multiple drains. (See also 12VAC5-460-80.) In multiple drains, each drain grating shall have a total orifice area of as least four times the cross-sectional area of drain pipe, which shall have a minimum diameter of 2 ½ inches. In the use of drain channels, continuous to and around the perimeter of the pool, the channel grating shall be designed so as not to create a hazard to fingers and toes and be restraint to corrosion.

12VAC5-460-120. Inlets and outlets.

The inlets for recirculation shall be submerged and located to Pool circulation systems shall produce uniform circulation of water throughout the swimming pool without the existence of dead spots. Wall inlets should be located on not more than 20 foot centers entirely around the perimeter of the swimming pool. Bottom inlets shall be spaced, depending on the pool dimensions, so as to produce uniform water circulation. The number of bottom inlets shall be the same as required of wall inlets. Each inlet is to be designed as an adjustable orifice or provided with a valve.

An outlet drain shall be provided for completely emptying the swimming pool. Direct connection to a sanitary sewer shall not be permitted. Disposal of waste water to a storm sewer or natural watercourse shall be subject to approval of the State Health Commissioner. The When not otherwise prescribed by the Virginia Uniform Statewide Building Code (13VAC5-63) in effect at the time of the pool's construction, the outlet drain shall be covered with a grate of such design that it cannot be readily removed by, or produce any hazard to, the bathers.

12VAC5-460-130. Depth marking.

The depth of the water in the swimming pool shall be marked at every foot increment of depth in water depths five feet and under on both sides of the pool. In water deeper than five feet the markings need not be closer than three feet apart. Numerals and lettering shall be at least five inches in size and of good contrast with the walls and decks Depth markers shall be plainly visible and maintained in accordance with the Virginia Uniform Statewide Building Code (13VAC5-63). When depth markers are not prescribed by the Building Code in effect at the time of the pool's construction, steps shall be taken to ensure that the depth of all sections of the pool can be determined by swimmers.

12VAC5-460-140. Diving boards. (Repealed.)

At least 12 feet of free and obstructed headroom shall be provided above the diving boards.

The minimum depth of water in the diving area shall be determined as follows:

Elevation of Diving Point Above Water Surface	Depth of Water	DIMENSIONS
		End wall to Maximum Depth	Maximum Depth to 5 ft.
0 to 24 in. inclusive	8 ft.	12 ft.	12 ft.
24 in. to 30 in. inclusive	8 ft.	13 ft.	17 ft.
30 in. plus to 1 meter inclusive	8 ft. 6 in.	15 ft.	20 ft.
1 meter plus to 3 meters inclusive	10 ft.	15 ft.	20 ft.
3 meters plus 5 meters	14 ft. 6 in.	17 ft.	23 ft.

The minimum length of any diving area terminating at a vertical wall shall be 30 feet.

Where multiple diving boards are used, the space between center lines shall not be less than 10 feet, and the center of no board shall be closer than 10 feet to a side wall. These dimensions shall apply both from a point of projection four feet from the end wall and the point of maximum depth.

The space between center lines of three-meter and five-meter diving boards shall be not less than 15 feet and between five-meter and 10- meter boards shall be not less than 18 feet. The minimum distances from center lines of five-meter and 10-meter boards shall be the same as to the side walls.

12VAC5-460-150. Lighting.

Where When pools are to be used after dark, the swimming pool area shall be equipped with lighting fixtures of such number and design as to light all parts of the pool, the water therein, and the entire area shall be well lit. Fixtures should be installed in such a manner as to shall not create no a hazard to the bathers. The design and installation maintenance and operation of the fixtures should shall be such that lifeguards can clearly see every part of the swimming pool, including decks, spring boards, and other appurtenances, without being blinded by glare. If installed, submarine lights shall provide at least one watt per square foot of pool area. Each The electrical grounding of all submarine light lights shall be properly connected to a ground wire maintained.

12VAC5-460-170. Recirculation systems.

All swimming pools shall be equipped with a The recirculation system consisting of, including all pumps, hair and lint catchers, filters, disinfection equipment, and necessary pipe connections to the inlets and outlets, shall be maintained in working order as designed. Adequate provision shall be made for backwashing filters. Recirculation When not prescribed by the Virginia Uniform Statewide Building Code (13VAC5-63) in effect at the time of the pool's construction, recirculation systems shall be designed for an eight hour or less turnover of the swimming pool water.

12VAC5-460-200. Hair and lint catchers, gutters.

Hair and lint catchers shall be installed ahead of the filter pump and be designed and located so that they can able to be easily and simply be dismantled for cleaning and inspection. Floating material and scum shall not be allowed to collect on the surface of the water.

12VAC5-460-210. Filters.

The recirculation system shall be equipped with a filtration system that will filter the entire contents of the swimming pool within eight hours or less at the rate of three gallons or less per square foot per minute shall be maintained and operated as designed. In sand filters, the layer of filter sand shall be at least 20 inches in depth, properly supported by uniform layers of clean graded gravel to a minimum depth of 12 inches or supported by porous plates. The filter sand shall have an effective size of between 0.45 and 0.55 millimeters with a uniformity co-efficient not greater than 1.7. In anthracite coal filters, the anthracite shall have a depth of at least 24 inches and shall have an effective size between 0.6 and 0.8 millimeters with a uniformity co-efficient of not greater than 1.8. Pressure filters shall be equipped with readily accessible air relief valves and access holes large enough to permit inspections, maintenance, and repair work. Each pressure filter system shall be equipped with a pressure gauge at least four inches in diameter on the inlet and outlet to indicate the pressure in pounds per square inch, and a sight glass that can be easily removed for cleaning shall be provided on the waste discharge line. Gravity type filters shall be equipped with loss of head gauges.

The filtration rate for diatomaceous earth filters and similar equipment may not exceed 1-1/2 gallons per square foot of filter area with eight hours turn-over of pool volume unless continuous slurry feed is provided, in which case, the rate shall not exceed three gallons per minute per square foot of filter area.

Arrangements or equipment shall be provided for application of filter aid and proper precoating and cleaning of filter elements. All filters shall be capable of being cleaned or backwashed by use of the washwater pump and the manipulation of valves. In view of the constant change of design of such equipment, it will be necessary to evaluate each system individually. Approval or rejection of systems will be at the discretion of the State Health Commissioner, based upon the need for protecting the health and safety of those using any such pool.

12VAC5-460-220. Rate of flow indicators.

Recirculation When not prescribed by the Virginia Uniform Statewide Building Code (13VAC5-63) in effect at the time of the pool's construction, the recirculation system shall be equipped with a rate of flow indicator reading in gallons per minute,. Indicators shall be properly maintained, easily readable, and located so as to indicate both the rate of flow of the effluent from the filter and the rate of backwash in gallons per minute in sand or anthracite coal filters.

12VAC5-460-230. Suction cleaners. (Repealed.)

Suction cleaners shall be provided. Where the suction cleaner is operated by the recirculating pump, a device shall be provided for throttling the flow from the pool outlet, and the suction cleaner line shall be connected through the hair and lint catcher.

12VAC5-460-240. Chemical feeding equipment.

Means shall be provided for regulating the feeding of chemicals Chemicals shall be automatically fed into the water in the recirculation system. The installation of by mechanically operated, positive, chemical feeders or open-type chemical machines is required. The installation of closed-type Closed-type solution pots is are prohibited.

12VAC5-460-330. Commissioner approval.

For any items not specifically covered in this chapter or the Virginia Uniform Statewide Building Code (13VAC5-63), the State Health Commissioner is authorized to require that all materials, methods of construction and design swimming pool features shall be proven to function adequately, effectively, and without excessive maintenance and operational difficulties before he grants approval thereof, and such approval shall be based upon the need for protecting to protect the health and safety of those using swimming pools.

It shall be the duty of the applicant to provide such data, tests, or other adequate proof that the device, material, or product will satisfactorily perform the function for which it is intended before such item shall be approved or accepted for tests.

12VAC5-460-350. Location and slopes.

Wading pools shall be located so that drainage from surrounding areas will not wash contamination into pools during rainfall. The bottom of wading pools shall slope not less than three inches in 10 feet toward the drain.

12VAC5-460-360. Deck area.

Wading pools shall be entirely surrounded by a deck at least four feet in width. Decks pool decks shall be constructed of a permanently impervious material which shall maintained to have and retain a finish as smooth as possible that is nonslip to bare feet. The deck shall slope not less than three inches in 10 feet away from the pool edge, and the water on the deck shall be discharged to waste.

12VAC5-460-370. Protection.

Wading When not prescribed by the Virginia Uniform Statewide Building Code (13VAC5-63) in effect at the time of the facility's construction, wading pools and wading areas shall be separated from swimming pools by appropriate protectional protection features.

12VAC5-460-380. Water circulation systems.

A complete recirculation system shall be installed at wading pools which cannot be served adequately by an adjacent swimming pool recirculation system. The recirculation system of wading pools shall be maintained in working order as designed. When not prescribed by the Virginia Uniform Statewide Building Code (13VAC5-63) in effect at the time of the pool's construction, the recirculation system shall provide a pool volume turn-over rate of once in three hours or less. An alternate method to the water circulation system is the continuous addition of water or have properly treated water continuously added at a rate of flow sufficient to replace all of the water in the wading pool once in three hours or less. The overflow water, with this method, shall be continuously discharged to waste.

Part III
Spray Pools

12VAC5-460-400. Water supplies.

Water sprayed into a pool shall be from an approved supply. Spray heads shall be installed so that there will be no possibility of their submergence and, as a result, of clogged drains properly maintained as designed.

12VAC5-460-410. Materials.

Spray pools shall be constructed of permanently impervious material which shall maintained to have and retain a finish as smooth as possible that is, but nonslip to bare feet.

12VAC5-460-420. Slopes. (Repealed.)

Spray pool bottoms shall slope not less than three inches in 10 feet toward the drains.

12VAC5-460-430. Drains.

Spray pools shall be equipped at low points with an unvalved drain to waste. The drain Drains of spray pools shall be of such size and design maintained and operated in a manner so that water sprayed into the pool will not pond in the pool bottom.

12VAC5-460-440. Deck areas.

Spray pools shall be entirely surrounded by a deck at least four feet in width. Decks shall be constructed of a permanently impervious material which shall maintained to have and retain a finish as smooth as possible and nonslip to bare feet. The deck shall slope not less than three inches in 10 feet away from the pool edge and the water on the deck discharged to waste.