No. 29720: R392-302. Design, Construction and Operation of Public Pools

DAR File No.: 29720
Filed: 03/22/2007, 12:08
Received by: NL

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:

This rule is authorized by Subsections 26-1-30(2) and 26-1-30(2)(u) which authorize the Department to adopt rules and enforce minimum sanitary standards for the operation and maintenance of swimming pools, public baths, and bathing beaches.

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

The Office of Epidemiology has not received any written comments either supporting or opposing the entire rule. An ongoing committee (the Pool Advisory Committee) composed of local regulators, pool service and construction people, and pool operators meets regularly to discuss any issue about pools that may come from any source. The Committee provides the Office of Epidemiology recommendations for changes to the rule in response to those issues. Other sources of comments about particular parts of the rule have come from the local health department directors and from local environmental health directors. Some of the most significant issues reviewed include: how or whether pools operated as a part of medical practices should be regulated, whether private pools used for swimming lessons should be regulated, whether sand beach pools should be allowed, whether divers are protected adequately by depth requirements and posted warning signs, whether pool circulation inlet requirements provide adequate mixing of pool water, whether outlet requirements protect swimmers from suction entrapment, whether the requirements for lifeguard stations and lifeguard practices are both protective and practicable, whether the required testing of pools could be reduced if a pool has an automatic monitoring system, whether bather load restrictions are both safe and allow pool operators a fair profit, and whether geothermal pools should be allowed certain exemptions to the rule.

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

This rule is a very important aspect of public health and safety protection. Even those who have argued about aspects of the rule have never said the rule was not needed. As highlighted in the 12/22/2006 Morbidity and Mortality Weekly Report (MMWR) publication of the Centers for Disease Control, public pools have a high potential for transmission of disease. The U.S. Consumer Product Safety Commission has also highlighted many safety issues with public pools. Proper regulation of public pools is a key aspect to reducing those risks. Therefore, this rule should be continued.

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
CANNON HEALTH BLDG
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]

Authorized by:

David N. Sundwall, Executive Director