No. 33076 (Amendment): Rule R392-303. Public Geothermal Pools and Bathing Places

(Amendment)

DAR File No.: 33076
Filed: 10/21/2009 01:09:16 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The amendments to this rule provide for improved uniformity of enforcement, clarify some requirements, and add alternative ways for pool operators to comply with the rule. The amendment also corrects the enforcement and penalties provision to comply with recent legislation.

Summary of the rule or change:

The amendments require Department of Health approval of any treatment process for geothermal water rather than Local Heath Officer approval. The amendments clarify the requirement for an operator to post a recommended restriction for bathers using geothermal water that exceeds EPA standards rather than implement a restriction. The amendments make the operator responsible to alter flow rates, bather loads, or both if bacteriological water quality standards cannot be met. The rule now allows the Local Health Officer to require the alteration. The amendments allow a pool that is operated with disinfection, circulation, and filtration to operate without flow-through of geothermal water. The amendments allow temperatures to be measured by the operator manually rather than with a fixed thermometer and allow alternative methods of flow measurement besides a fixed flow indicator. The amendments reduce the number of bacteriological samples required from two to one per month and make a clarification to allay a concern of pool operators that the Local Health Officer might require them to sample their pools excessively often. The amendments clarify the allowed methods for cooling geothermal water before it enters a pool. They also simply state the allowance of a temperature drift in a geothermal pool under certain circumstances rather than allowing a Local Health Officer to permit the temperature drift. The amendments change allowance by the Local Health Officer of record-keeping frequency from altering the frequency to only allowing a reduction of frequency. The amendments remove criminal penalties from the rule and increase civil penalties from $5,000 to $10,000. The amendments exempt pools less than 3,000 gallons from color requirements. The amendments exempt pools that are operated with recirculation from flow-through requirements and require pools that are disinfected to meet the same bacteriological requirements in Rule R392-302.

State statutory or constitutional authorization for this rule:

• Section 26-15-2

Anticipated cost or savings to:

the state budget:

There will be no impact on the state budget as the local health departments are responsible for enforcement.

local governments:

There will a reduction in monthly sampling costs by one half for those local health departments which provide sample service. The cost per sample is approximately $17 per sample. The total cost savings per month would be $255 (15 x $17).

small businesses:

Alternate methods for measuring flow rates are expected to be used by most geothermal pools. Depending on how many choose this option, the savings would range from approximately $300 (1 pool) to approximately $5,100 (17 pools) total. There will a reduction in monthly sampling costs by one half for those operators who are required to pay for sampling. The cost per sample is approximately $17 per sample. The total cost savings would be $34/month (2 pools x $17).

persons other than small businesses, businesses, or local governmental entities:

Alternate methods for measuring flow rates are expected to be used by most geothermal pools. Depending on how many choose this option, the savings would range from approximately $300 (1 pool) to approximately $5100 (17 pools) total. There will a reduction in monthly sampling costs by one half for those operators who are required to pay for sampling. The cost per sample is approximately $17 per sample. The total cost savings would be $34/month (2 pools x $17).

Compliance costs for affected persons:

There are no additional anticipated compliance costs due to the proposed amendments.

Comments by the department head on the fiscal impact the rule may have on businesses:

Department personnel have worked closely with pool operators and local health departments on these rule changes. These changes provide alternatives for compliance that may lighten the fiscal impact for business. The Department believes these changes are supported by interested parties, but will carefully evaluate public comments prior to deciding whether to make any of these changes.

David N. Sundwall, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Epidemiology and Laboratory Services, Environmental Services
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2009

This rule may become effective on:

12/22/2009

Authorized by:

David Sundwall, Executive Director

RULE TEXT

R392. Health, Epidemiology and Laboratory Services, Environmental Services.

R392-303. Public Geothermal Pools and Bathing Places.

R392-303-5. Geothermal Source Water Quality.

(1)(a) The owner of a geothermal pool or geothermal bathing place shall install a tap or sampling point that provides the operator with the ability to sample the geothermal source water before it enters the geothermal pool or geothermal bathing place impoundment.

(b) If it is impractical to directly sample the geothermal source water, the operator may sample water directly from the pool or impoundment. However, at least sixteen hours must have passed since any person has been in the pool and the sample shall be taken as close to the geothermal source water inlet as practical.

(2) The operator of a geothermal pool or geothermal bathing place shall collect samples of the geothermal source water and of any other water source used to fill the pool that is not approved for drinking water by Utah Division of Drinking Water. The operator shall submit the samples for analysis to a laboratory certified under R444-14. The operator shall have the analysis performed initially and every five years thereafter to determine the levels of constituents listed in Table 1. If a geothermal pool or geothermal bathing place is in existence prior to the adoption of this rule, the owner of the facility shall submit to the local health department the results of initial source water tests within six months after the adoption of the rule. The permit applicant of a newly permitted public geothermal pool or geothermal bathing place shall submit the results of the initial source water analyses to the local health department with his application for a permit. The operator shall submit five-year samples to the local health department within six months prior to the end of the five year period.

(3) If the geothermal source water analysis required in R392-303-5(2) reports that any constituents fails any of the standards in Table 1, the owner shall do one of the following:

(a) not use the source water;

(b) implement an ongoing treatment process approved by the Department[Local Health Officer] to provide source water that meets the requirements in Table 1; or

(c) at a minimum, post a caution sign outlined in R392-303-22, to notify swimmers that the water does not meet the EPA recommended drinking water standard and they swim at their own risk. The caution sign shall include the name of the constituent that does not meet the EPA standard and that there may be a health risk associated with bathing in water that contains high levels of the constituent. Based on research funded by or guidelines issued by a competent authority, including the Centers for Disease Control and Prevention [,] or the Environmental Protection Agency, [or the World Health Organization,] the Local Health Officer may require the operator to post the maximum recommended bathing period or to [implement] post other recommended restrictions.

 

TABLE 1

Geothermal Source Water Constituents

Constituent                    Maximum                  Minimum
pH                          8.0                            7.0
Fluoride                    4.0 milligrams per liter      None
Nitrate                     10 milligrams per liter       None
Nitrite                     1 milligrams per liter        None
Antimony                    0.006 milligrams per liter    None
Arsenic                     0.010 milligrams per liter    None
Barium                      2 milligrams per liter        None
Beryllium                   0.004 milligrams per liter    None
Cadmium                     0.005 milligrams per liter    None
Chromium                    0.1 milligrams per liter      None
Copper                      1.3 milligrams per liter      None
Cyanide (as free cyanide)   0.2 milligrams per liter      None
Lead                        0.015 milligrams per liter    None
Mercury                     0.002 milligrams per liter    None
Selenium                    0.05 milligrams per liter     None
Thallium                    0.002 milligrams per liter    None

 

R392-303-8. Construction Materials.

(1) Geothermal pools shall meet the requirements of R392-302-6 . However, a geothermal pool with a volume less than or equal to 3,000 gallons, 11,355 liters, and a maximum depth less than 4 feet, 1.22 meters, is exempt from the color requirement of R392-302-6(5).

(2) The owner or operator of a geothermal bathing place shall notify bathers of and protect them from safety hazards by methods such as altering surfaces or structures, barricading or roping off problem areas, and posting warning signs.

 

R392-303-9. Bather Load.

(1) Geothermal pools and geothermal bathing places shall meet the bather load requirements in R392-302-7.

(2) If a geothermal pool or geothermal bathing place is unable to meet bacteriological water quality by other means, the [Local Health Officer may require the] owner or operator shall[to] reduce the allowed bather load in order to meet the requirements R392-303-19.

 

R392-303-16. Circulation Systems.

(1) Geothermal pools that transport source, pool, or discharge water through pipes shall meet the requirements of R392-302-16 for piping, pipe labeling, velocity in pipes, adequate space in equipment areas, valves, and air induction systems. Geothermal pools shall meet the requirements of R392-302-16 for normal water level and vacuum cleaning systems.

(2) The owner or operator of a geothermal pool or geothermal bathing place shall maintain flow-through 24 hours a day during the operating season, except for periods of maintenance. If the pool is drained and cleaned each day prior to use, flow-through is only required during the period that the geothermal pool is in use.

(3) A geothermal pool or geothermal bathing place with a volume greater than 3,000 gallons, 11,355 liters, shall have a flow-through rate greater than or equal to one-fourth the pool volume every hour. A geothermal pool or geothermal bathing place with a volume less than or equal to 3,000 gallons, 11,355 liters, shall have a flow-through rate greater than or equal to the pool volume every 30 minutes.

(a) If the results of any three of the last five E. Coli or fecal coliform samples taken from the pool exceed 63 per 50 milliliters, the owner or operator shall either[Local Health Officer may require an] increase[d] the rate of flow-through[independent of or in addition to a] , reduce bather load [reduction] as provided in R392-303-9(2) , or both increase the flow rate and reduce the bather load. The owner or operator shall adjust the bather load or the flow-through rate to a level that consistently produces E. Coli or fecal coliform levels less than 63 per 50 milliliters. If any E. Coli or fecal coliform sample exceeds 63 per 50 milliliters, the owner shall keep the pool closed until sample results for the pool are less than 63 per 50 milliliters as required in R392-303-19(3).

(b) The Local Health Officer may approve a reduced flow rate if the owner or operator of the geothermal pool or geothermal bathing place can demonstrate that the required bacteriological level can be maintained at the reduced flow rate.

(c) If the operator of a geothermal bathing place is unable to control the flow-through rate, the operator may meet the bacteriologic water quality standards in section R392-303-19 by controlling bather load.

(d) If the operator of a geothermal pool maintains the disinfectant levels, chloramine levels, and pH levels within the values allowed in Table 6 of R392-302 and operates a recirculation system in the pool in compliance with the requirements of R392-302-16, the pool is exempt from the flow-through rate requirements of R392-303-16(3) and shall meet the bacteriologic requirements of R392-302-27(10)(a).

(4) A geothermal pool that has pumped flow shall meet the inlet requirements of R392-302-17. Geothermal bathing places and geothermal pools that have gravity flow inlets, shall either meet the requirements of R392-302-17 or the owner or operator of the pool shall demonstrate to the local health department that the inlet system provides uniform distribution of fresh water throughout the pool. A demonstration of uniform distribution includes computer simulation or a dye test witnessed by a representative of the local health department.

(5) A geothermal pool shall have a drain that allows complete emptying of the pool. Geothermal pool and geothermal bathing place submerged drain grates and covers shall meet the requirements of R392-302-18. Geothermal pool and geothermal bathing place submerged drains shall meet the anti-entrapment requirements of R392-302-18.

(6) A geothermal pool shall have overflow gutters or skimming devices that meet the applicable requirements of R392-302-19.

(7) Geothermal pools and geothermal bathing places shall have a[n] method to determine accurate rate-of-flow [indicator, reading] in gallons per minute. If the rate-of-flow method is a rate-of flow indicator [is] manufactured by a third party, it shall be properly installed and located according to the manufacturer's recommendations. If a field-fabricated rate-of-flow indicator such as a calibrated weir or flume is used, it shall be designed and calibrated under the direction of a licensed professional engineer. The rate-of-flow indicator must be located in a place and positioned where it can be easily read by the operator as required in R392-303-21(2). The Local Health Officer may exempt a geothermal pool or geothermal bathing place from the requirement for a rate-of-flow indicator if the rate of flow is not adjustable or if there is no practical way to measure flow .

(8) Each geothermal pool and geothermal bathing place shall have a temperature measuring device . The operator shall measure [that continuously measures] the temperature of the pool at the warmest point. The device shall be accurate to within one degree Fahrenheit (0.6 degrees Celsius). The operator shall calibrate the thermometer in accordance with the manufacturer's specifications as necessary to ensure its accuracy.

 

R392-303-19. Pool Water Quality[of Water].

(1) The water in a geothermal pool or geothermal bathing place must have sufficient clarity at all times so that a black disc 6 inches, 15.24 centimeters, in diameter, is readily visible if placed on a white field at the deepest point of the pool (or at 12 feet, 3.66 meters, deep for pools over 12 feet, 3.66 meters, deep). The owner or operator shall close the pool or bathing place immediately if this requirement is not met. A soaking tub or similar fixture with a volume of 70 gallons or less is exempt from the clarity requirements of this subsection.

(2) The local health department or pool sampler contracted by the local health department[, if the Local Health Officer chooses, the owner or operator of a geothermal pool or geothermal bathing place] shall collect bacteriological samples of the pool water at least [twice] once per month and at [lease] least [one] two week s apart[ or as otherwise directed by the Local Health Officer]. The Local Health Officer shall choose or approve the dates and times that the samples are collected[,] based on[ The Local Health Officer shall choose dates and times] when a representative level of bacteria would likely be found. The local health department or person sampling the pool[the operator, as required by local health department,] shall submit the bacteriological samples to a laboratory approved by under R444-14 to perform E. coli or fecal coliform testing.

(a) The local health department or its contracted pool sampler[operator], as required by local health department, shall have the laboratory analyze the sample for either E. coli or fecal coliform.

(b) If the pool sampler[operator] submits the sample as required by local health department, the sampler[operator] shall require the laboratory to report sample results within five working days to the local health department and operator.

(3) If the E. coli or fecal coliform levels are found to be greater than the maximum level of 63 per 50 milliliters, the owner or operator shall close the pool until sample results show the level is below 63.

(4) If E. coli or fecal coliform levels are greater than one per 50 milliliters, the pool operator shall post the level found as required in R392-303-22.

(5) The owner or operator of a geothermal pool or geothermal bathing place should maintain the pool water temperature at a maximum of 104 degrees Fahrenheit, 40 degrees Celsius. A geothermal pool or geothermal bathing place that exceeds 104 degrees Fahrenheit, 40 degrees Celsius, at the minimum required turnover rate shall have, and employ when necessary, a method of temperature reduction in the pool or bathing place that maintains the minimum flow-through rate required under R392-303-16(3). An approved method of temperature reduction may include methods such as the introduction of cool water from a source that has been analyzed and approved according to R392-303-5(2) or approved for drinking water by the Utah Division of Drinking Water[approved by the Local Health Officer], or such as the direct cooling of the geothermal source water by a heat exchanger, or the[and] diversion of the geothermal source water to allow it to cool prior to entering the pool or impoundment. The temperature reduction method shall be capable of reducing the temperature of the pool within 2 hours of activation from the maximum anticipated temperature to below 104 degrees Fahrenheit, 40 degrees Celsius. If the temperature of the source water or cooling rate of the pool is difficult to control, a temperature drift of up to four degrees Fahrenheit, 2.2 degrees Celsius, [may be] is allowed [by the Local Health Officer] if the owner or operator has activated the temperature reduction measure. The owner or operator of a geothermal pool or geothermal bathing place shall not permit bathers to use the pool if the temperature is above 108 degrees Fahrenheit, 42.2 degrees Celsius, except the owner may allow a bather to use a soaking tub or similar fixture with a volume of 70 gallons or less and a water temperature less than or equal to 110 degrees Fahrenheit, 43.3 degrees Celsius.

 

R392-303-21. Supervision of Pools and Bathing Places.

(1) Geothermal pools and geothermal bathing places shall meet the requirements of R392-302-29(1).

(2) The operator of a geothermal pool or geothermal bathing place shall record the flow-through rate and pool temperature prior to opening the pool or bathing place each day. To verify bather load, the operator shall record the number of patrons at the geothermal bathing place or pool every four hours that the geothermal bathing place or pool is open for use or shall record the time of day that each user checks in. If a pool uses disinfection or filtration, the operator shall keep the disinfection and filtration records required in R392-302-29. The Local Health Officer may reduce[alter] the requirement for the frequency of record keeping if a[n increased or] decreased frequency is more reasonable considering the likelihood of a change in the values recorded. The owner or operator shall make the records required by this section available for inspection by representatives of the local health department and shall retain the records for at least three years.

 

R392-303-25. Enforcement and Penalties.

A person who violates a provision of this rule is subject to [a Class B misdemeanor on the first offense or a Class A misdemeanor on the second offense within one year or] a civil penalty of up to $[5] 10,000 for each offense as provided in Section 26-23-6.

 

KEY: geothermal pools, geothermal natural bathing places, hot springs, geothermal spas

Date of Enactment or Last Substantive Amendment: [July 13,]2009

Authorizing, Implemented, or Interpreted Law: 26-15-2

 

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