D.C. Mun. Regs. tit. 25, r. 25-C710
Current through Register Vol. 71, No. 49, December 6, 2024
Rule 25-C710 - ACCESS & INSPECTIONS - DEPARTMENT'S RIGHT OF ENTRY, DENIAL, AND INSPECTORS' COMPETENCY*710.1 The Department shall determine an aquatic facility's compliance with these regulations by conducting the inspections:
(a) Preoperational and follow- up inspections, as necessary to obtain a new license for indoor or seasonal outdoor swimming pools, spa pools, and saunas.(b) For indoor swimming pools, spa pools, and saunas with existing valid licenses:(1) Two (2) unannounced, routine inspections; and(2) Follow- up inspections, as necessary.(c) For seasonal outdoor swimming pools, spa pools, and saunas with existing valid licenses:(1) Mandatory preopening inspections. Preopening inspections shall be requested in writing at least thirty (30) days prior to opening;(2) One (1) unannounced, routine inspection; and(3) Follow- up inspections, as necessary.(d) Unannounced, complaint-generated inspections.710.2 After representatives of the Department present official credentials and provide notice of the purpose and intent to conduct an inspection in accordance with these regulations, the applicant, licensee, pool and spa operator, or lifeguard shall allow the Department access to any part, portion, or area of a swimming pool, spa pool, or sauna facility.
710.3 The Department may enter and inspect all aspects of a swimming pool, spa pool, or sauna facility, including, but not limited to its physical facilities, operations, equipment, records, chemicals and other operational supplies, at any time for one or more of the following purposes:
(a) To determine if the swimming pool or spa facility is in compliance with these regulations;(b) To investigate an emergency affecting the public health if the swimming pool or spa is or may be involved in the matter causing the emergency;(c) To investigate, examine and sample water quality and testing for biological contaminants, as specified in Subsection 403.1; or(d) To obtain information, and examine and copy all records on the premises relating to reporting requirements as specified in Section 412.710.4 If a person denies the Department access to any part, portion, or area of a swimming pool, spa pool, or sauna facility, the Department shall inform the individual that:
(a) The applicant or licensee is required to allow access to the District agencies as specified in Subsections 710.2 and 710.3;(b) If access is denied, an inspection order allowing access may be obtained in accordance with District law; and(c) The Department is making a final request for access.710.5 If the Department presents credentials and provides notice as specified in Subsection 710.2, explains the authority upon which access is requested, and makes a final request for access as specified in Subsection 710.4, and the applicant or licensee continues to refuse access, the Department shall provide details of the denial of access on the inspection report.
710.6 If the Department is denied access to a swimming pool or spa facility for an authorized purpose, after complying with Subsection 710.5, the Department may:
(a) Summarily suspend a license issued to the swimming pool, spa pool or sauna in accordance with Subsection 807.1;(b) Revoke or suspend a license issued to the swimming pool spa pool or sauna facility in accordance with Subsection 812; or(c) Request that the Office of the Attorney General for the District of Columbia commence an appropriate civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, a preliminary injunction, a permanent injunction, or other appropriate relief from the court, to enforce these regulations.710.7 Authorized representatives of the Department who are responsible for conducting inspections, plan reviews, and approvals of aquatic facilities shall be properly trained and certified as specified in Sections 300 and 302 of these regulations.
D.C. Mun. Regs. tit. 25, r. 25-C710
Final Rulemaking published at 64 DCR 5359 (6/9/2017)