16 Del. Admin. Code § 4464-1.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4464-1.0 - General Provisions

1.1 Preamble. The Secretary of Delaware Health and Social Services adopts these Regulations pursuant to the authority vested in the Secretary by 16Del.C.§ 122. These Regulations establish standards for the sanitary operation of public pools. For the purpose of these Regulations, the term "public pool" as defined in 16Del.C.§ 122(1) and (3) (d) and (j). These Regulations provide a system of permitting and inspection of public pools and procedures for enforcement.

1.1.1 These Regulations are adopted on October 1, 2015 and have an effective date of October 11, 2015.

1.2 Purpose. To provide minimum standards for design, construction, maintenance and operation of public pools in the State of Delaware, and to assure a clean, healthful, and safe environment for all bathers using these pools. These Regulations in no way preclude a facility from establishing additional rules and operating procedures as long as they do not contradict those established herein.

1.3 Severability. In the event any particular clause or section of these Regulations should be declared invalid or unconstitutional by any court of competent jurisdiction, the remaining portions shall remain in full force and effect.

1.4 Exemptions.

1.4.1 There is no requirement of a lifeguard to be on duty at any pool of any motel, hotel or private campground facility, however an attendant is required.

1.4.2 These Regulations shall not apply to pools that are used by one (1) patron at a time and whose water is completely changed after each patron.

1.4.3 These regulations shall not apply to pools that have been granted private pool status.

1.5 Variance

1.5.1 A licensee may seek a variance from these Regulations by making a request for variance to the Division. The Division may grant a variance by modifying or waiving the requirements of these Regulations if in the opinion of the Division a health hazard or nuisance will not result from the variance.

1.5.2 A variance shall not be transferable from person to person, or from location to location.

1.5.3 If a variance is granted, the Division shall retain the information specified below in its records for the public pool.

1.5.3.1 A statement of the proposed variance of the requirement of these Regulations, citing the relevant section of these Regulations;

1.5.3.2 An analysis of the rationale for how the potential public health hazards or nuisances will be alternatively addressed by the proposal; and

1.5.3.3 Any other information requested by the Division that may be deemed necessary to render judgment.

1.5.3.4 A variance is rendered void upon occurrence of one or more of the following:

1.5.3.4.1 the physical facility is demolished or

1.5.3.4.2 a remodeling project in the facility includes the area(s) addressed in the variance

16 Del. Admin. Code § 4464-1.0

19 DE Reg. 309( 10/1/2015) (Final)