Section 144-202-1 - GENERAL PROVISIONSA. SummaryThese rules endeavor to protect the health and safety of the people of Maine by requiring people who construct, own and/or operate public pools and public spas to submit plans showing proper construction, compliance with subsurface wastewater disposal rules, and proper sanitary facilities. These rules also set standards of operation for public pools and spas.
B. Definitions1.Backwash: "Backwash" refers to the water generated from the process of cleaning the filter medium and/or elements by the reverse flow of water through the filter.2.Certified pool operator: "Certified pool operator" means an individual who has taken and passed a) the National Swimming Pool Foundation's Certified Pool-Spa Operator® (CPO) course; or b) the Pool & Hot Tub Council of Canada's Professional Pool and Spa Operator (PPSO) course.3.Critical Violation: A critical violation is a violation of these rules which presents a clear risk of contamination, illness, injury or environmental health hazard. A critical violation is denoted in these rules by the letter "C."4.Department: "Department" means the Department of Health and Human Services.5.Fence: "Fence" means a good quality fence or wall, not less than 4 feet in height above ground surface and of a character to exclude children. The fence shall be so constructed as not to have openings, holes or gaps larger than 4 square inches, except for fences constructed of vertical posts or louvers, in which case, the openings shall not be greater than 4 inches in width with no horizontal members between the top and bottom plates. Doors and gates are excluded from the minimum dimension requirements.6.Medical facility pool or medical facility spa: "Medical facility pool or medical facility spa" means a pool or spa under the direct supervision and control of licensed medical personnel.7.Operator: "Operator" means the person responsible for the operation and/or maintenance of a pool or spa.8.Pedestrian accessgate: "Pedestrian access gate" means a gate in a barrier surrounding a pool or spa.9.Pool: "Pool" means a basin, chamber or tank constructed of smooth, impervious, and easily cleaned materials, located either indoors or outdoors; in-ground, above-ground or on-ground; provided with a controlled water supply and containing an artificial body of water, used for swimming, recreational bathing, or wading. "Pool" includes any related equipment, structures, areas and enclosures that are intended for the use of persons using or operating the pool, including equipment, dressing lockers, showers and toilet rooms.10.Pool event: "Pool event" means any sports competition, performance or gathering, where more than an average attendance is expected at the pool.11.Pool water: "Pool water" means any water in a pool or spa.12.Pool depth: "Pool depth" means the distance between the floor of the pool and the normal operating water level.13.Public pool: "Public pool" means any constructed or prefabricated pool, other than a residential pool or medical facility pool that is intended to be used for swimming, recreational bathing, or wading, and is operated by an owner, lessee, tenant, or concessionaire or by a person licensed by the Department, regardless of whether a fee is charged for use. A pool on the premises of a child care facility that is licensed or required to be licensed under 22 M.R.S.A. §8301-A is a public pool. Public pools are classified as follows:
a. Class A Pools - Class A pools are intended for use for accredited competitive aquatic events. The pool may also be used for recreation.b. Class B Pools - Class B pools are intended for public recreational swimming not otherwise classified.c. Class C Pools - Class C pools are intended for use by paid guests and patrons of licensed lodging establishments and clients of Child Care Facilities licensed pursuant to 22 MRSA §8301-A(B).d. Class D Pools - Class D pools are operated for special purposes, including, but not limited to, wave action pools, activity pools, catch pools, leisure rivers, vortex pools, and sand bottom pools.e. Class F Pools - Class F pools are wading pools.14.Public spa: "Public spa" means any constructed spa other than a residential spa or medical facility spa.15.Public water system: "Public water system" means any publicly or privately owned system of pipes or other constructed conveyances, structures and facilities through which water is obtained for, or sold, furnished or distributed to the public for human consumption, if such a system has at least 15 service connections, regularly serves an average of at least 25 individuals daily, for at least 60 days out of the year or bottles water for sale.16.Residential spa: "Residential spa" means any constructed spa, permanently installed or portable, that is used in connection with a single or multi-family residence, used by tenants of apartment buildings, owners of condominiums, or members of property owners associations and available only to these residents and their private guests.17.Residential swimming pool: "Residential swimming pool" means any constructed pool that is used for swimming in connection with a single or multi-family residence, used by tenants of apartment buildings; owners of condominiums; and members of property owners associations and available only to these residents and their private guests. A pool on the premises of a family child care provider who is certified or required to be certified under 22 M.R.S.A. §8301-A, and makes the pool inaccessible to the supervised children, is a residential pool.18.Sanitizer: "Sanitizer" means an agent (disinfectant) that destroys microorganisms that might carry disease.19.Spa: "Spa" means a small recreational water vessel, usually designed for "soaking", as opposed to swimming, and designed for therapeutic or nontherapeutic use that is not drained, cleaned or refilled for each individual. It may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction bubbles or any combination thereof. "Spa" includes, but is not limited to, a therapeutic pool, hydrotherapy pool, whirlpool, hot spa, and hot tub and contains a smaller water volume than public pools.20.Wading pool: "Wading pool" means a pool with a maximum water depth of 24 inches. The water depth at the perimeter must not exceed 18 inches. Water depths may be reduced from the above maximums and brought to zero at the most shallow point.C. ScopeThese Rules do not apply to the following pools and spas: medical facility pools, medical facility spas, physical therapy pools, and non-permanent wading pools on the premises of Family Child Care Providers licensed, pursuant to 22 MRSA §8301-A and 10-148 C MR32.
10- 144 C.M.R. ch. 202, § 1