No. 40959 (5-year Review): Rule R392-302. Design, Construction and Operation of Public Pools

DAR File No.: 40959
Filed: 11/07/2016 10:53:40 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Rule R392-302 is authorized under Sections 26-1-5, 26-1-30, and 26-15-2. Section 26-1-5 gives the department rulemaking authority to carry out the provisions of Title 26, and Subsection 26-1-30(4) charges the department to create rules to protect the public health or to prevent disease and illness. Subsection 26-1-30(23)(t) specifically charges the department with creating rules for minimum sanitary standards for the operation and maintenance of swimming pools, public baths, and bathing beaches. This requirement is mirrored in Subsection 26-15-2(2).

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

A concern was expressed by the Utah National Parks Council, BSA, concerning pool construction standards prompting a change to the rule which made clear that above ground pools are allowable. Further concerns were about other construction and operation requirements, specifically decking and pool wall material requirements.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Continuation of Rule R392-302 is recommended as it is required by statute and creates a uniform standard for sanitation at swimming pools statewide. The Utah Department of Health (UDOH) is not in favor of lowering its standards for construction or operation of a public pool as it would unnecessarily increase risk to the public. A committee composed of pool operators, designers, builders, and regulators meets regularly to work on and propose changes to the rule addressing deficiencies and to update the rule in accordance with current science and national standards. This committee reviewed the aforementioned concerns and made recommendations to UDOH.

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

Health
Disease Control and Prevention, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Chris Nelson at the above address, by phone at 801-538-6739, by FAX at , or by Internet E-mail at [e-mail]

Effective:

11/07/2016

Authorized by:

Joseph Miner, Executive Director

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