16 Del. Admin. Code § 4464-14.0

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

Section 4464-14.0 - Administrative Action

14.1 Operating Without a Permit

14.1.1 If a pool is found operating without a valid permit, the Division shall order immediate closure.

14.1.2 The closure shall be effective upon receipt of a written notice by the person in charge of the pool.

14.1.3 The pool shall remain closed until submission, review and approval of plans, followed by a sanitary survey confirming compliance with these Regulations and issuance of an operating permit.

14.1.4 A conspicuous, colored placard shall be prominently displayed at all entrances of the pool which has failed to obtain a valid permit.

14.2 Suspension of a Permit

14.2.1 If conditions exist at a pool which presents an imminent health hazard to the public, the Director may suspend the operating permit and order immediate closure without a hearing upon written notice.

14.2.2 The suspension shall be effective upon receipt of written notice by the person in charge and a suspension statement on the Environmental Health Report constitutes a written notice.

14.2.3 The person in charge shall yield the permit to the Division.

14.2.4 A suspension notice shall be issued for any of the following conditions:

14.2.4.1 The clarity of the water is not in compliance with the provisions of Section 8.3.

14.2.4.2 The bacteriological quality of the swimming pool water is not in compliance with the provisions of Section 8.6.

14.2.4.3 The pH of the swimming pool water is less than 7.2 or greater than 7.8.

14.2.4.4 The automatic disinfection system is not functioning properly, or, there is no automatic disinfection system or disinfectant present.

14.2.4.5 The free chlorine residual is less than the level specified in Section 8.6.

14.2.4.6 The bromine residual is less than the level specified in Section 8.6.

14.2.4.7 The cyanuric acid level is greater than one hundred (100) ppm.

14.2.4.8 The recirculation pump is not operating or not present.

14.2.4.9 The filter is not operating or not present.

14.2.4.10 There is no qualified lifeguard or attendant on duty (unless exempted by 16 Del.C.)

14.2.4.11 The water temperature exceeds 104^oF in a spa pool.

14.2.4.12 There is a bare electrical wire or other obvious electrical hazard present.

14.2.4.13 The lighting is not in compliance with the provisions of Section 5.1.11. and because of this, the following are not clearly visible without glare from the deck:

14.2.4.1 3.1 the main drain(s) and all bottom markings;

14.2.4.13.2 or a black disk six (6) inches in diameter superimposed upon a white field and placed on the bottom at the deepest point.

14.2.4.13.3 The bottom drain cover/grate is missing, broken, or not properly secured.

14.2.4.14 An authorized representative of the Division is denied immediate access to the pool pursuant to Section 4.1.3.

14.2.4.15 Fecal material is discharged into the pool water.

14.2.4.16 The facility fails to provide a qualified operator pursuant to Section 4.4.

14.2.4.17 There is any other condition, or combination of conditions which may endanger the health, safety, or welfare of the bathers.

14.2.4.18 If the person in charge, the pool operator or the lifeguard/attendant determines that any of the above conditions exist, they shall immediately close the pool.

14.2.5 The Division shall be notified of the closure and the pool shall remain closed until the condition is satisfactorily corrected.

14.2.6 The person in charge of the pool may request in writing, to the Division at any time during the suspension, an Environmental Health Report for the purpose of showing that the imminent health hazard no longer exists.

14.2.7 The person in charge of the pool may also request, in writing, to the Division at any time during the suspension, an administrative hearing to challenge the findings of the Environmental Health Report that resulted in the pool closure.

14.2.8 When the Division determines that the imminent health hazard no longer exists, the suspension shall be terminated and the permit returned.

14.2.9 If the Division determines that the imminent health hazard has not been corrected and that the hazard still exists, the suspension remains in force pending a hearing and the Division may recommend that the permit be revoked.

16 Del. Admin. Code § 4464-14.0

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