11-10

us-hi-regs-official-62989ec84f67319f7ddef1236bbc493316f2bc269e0172667d97de40691ae8b611-10Regulation

§11-10-1
§11-10-2
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§§11-10-8
HAWAII ADMINISTRATIVE RULES
TITLE 	11
DEPARTMENT OF HEALTH
CHAPTER 10
PUBLIC SWIMMING POOLS
Subchapter 1
Scope
Definitions
General 	Provisions
Submission of plans 	and specifications
Permit 	to operate
Permit denial, 	revocation, 	or 	suspension
Variances
Penalty
to 	11-10-13 	(Reserved)
Subchapter 2 	Operation and Maintenance
§11-10-14 	Purpose
§11-10-15 	Public 	freshwater 	swimming pools
§11-10-16 	Public 	saltwater specialty swimming pools
§11-10-17 	Wastewater disposal
§11-10-18 	Public swimming pool 	cleaning
§11-10-19 	Public swimming pool bathhouses
§11-10-20 	Public swimming pool 	toilets 	and showers
§11-10-21 	Public swimming pool 	records
§11-10-22 	Public 	swimming pool 	rules
§11-10-23 	Severability
§§11-10-24 	to 	11-10-29 	(Reserved)
Historical Note: 	Chapter 11-10, 	Hawaii Administrative
Rules, 	is based substantially on Hawaii Administrative
Rules, 	Chapter 	11-13A, 	Public Swimming 	Pools, 	Department 	of
Health, 	State of Health. 	[Eff 	11/12/88; 	R JUL 15 	]
SUBCHAPTER 1
GENERAL PROVISIONS
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§11-10-1
§11-10-1 	Scope. 	This 	chapter 	sets 	forth minimum
requirements 	for 	the protection of public health respecting
public 	swimming pools. 	These 	requirements 	shall 	apply to
all public 	swimming pools, 	but 	shall 	not 	apply 	to:
(1) 	Private 	residential 	swimming pools;
(2) 	Private 	residential 	spas, 	hot 	tubs, 	or 	furo
{Japanese baths);
(3) 	Ornamental pools;
(4) 	Marine habitat venues; 	or
(5) 	Beach venues. 	[Eff 	JUL 	15 2002 ] [Auth: 	HRS
§ §321-10, 	321-11] [Imp: 	HRS 	§321-11]
§11-10-2 	Definitions. 	Whenever used 	in these 	rules,
unless 	the 	context 	otherwise requires, 	the word:
"Beach venue" 	means 	any swimming area 	created by the
enclosure 	or alteration of 	natural 	shoreline 	and having a
beach area.
"Closed system" 	means 	a 	saltwater swimming pool 	that
does 	not 	exchange 	its 	water with any 	other bodies 	of water
either naturally or mechanically.
"Department" 	means 	the department 	of 	health of 	the
State of 	Hawaii.
"Director" 	means 	the 	director of 	the 	department 	or a
duly authorized agent 	or representative.
"Freshwater" 	means 	water with dissolved 	inorganic 	ion
concentrations 	(salinity) 	equal 	to 	or 	less 	than 	0.5 	parts
per thousand.
"Freshwater 	swimming pool" 	means 	a 	swimming pool
containing freshwater.
"Marine habitat venue" 	means 	a 	man-made 	enclosure
containing water 	that 	is 	the 	site 	of 	a 	highly supervised
program aimed at 	encouraging the 	interaction of humans with
marine 	life.
"Monitoring plan" 	means 	a 	written description of all
procedures used 	to 	evaluate water quality within and near
(in the 	case 	of 	an open system) 	a 	specific public 	swimming
pool 	that 	includes:
(1) 	A complete 	description of 	the parameters 	to be
evaluated, 	the 	sampling design, 	and the 	sampling
schedule;
(2) 	A 	section on quality assurance/quality control
which shall 	describe methods 	of 	sample 	collection
and analysis, 	data reporting, 	and show all water
quality-related forms 	to be used by the public
swimming pool operator; 	and
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(3) 	Criteria for 	selection of 	an analytical
laboratory or method.
§11-10-2
"Open system" 	means 	a 	saltwater swimming pool 	that
exchanges 	its water with other bodies 	of water by
mechanical pumping 	force.
"Ornamental pool" 	means 	any pool 	designed for
decorative purpose 	and not 	for 	bathing or swimming.
"Person" 	means 	any 	individual, 	firm, 	partnership,
association, 	corporation, 	company, 	governmental 	agency,
club, 	or organization.
"Private 	residential 	swimming pool" 	means 	any swimming
pool 	located on a 	single 	family residence under 	the 	control
of 	the homeowner or occupants, 	the 	use 	of which 	is 	limited
to 	swimming or bathing by family members 	or 	their 	invited
guests. 	These pools 	shall 	also 	include private residential
saltwater pools, 	spas, 	hot 	tubs, 	furo 	(Japanese baths), 	and
similar pools.
"Public 	freshwater 	swimming pool" 	means 	a 	freshwater
swimming pool, 	other than a 	private 	residential 	swimming
pool, 	which 	is 	intended to be used 	collectively by a 	number
of persons 	for 	swimming or bathing 	regardless 	of whether a
fee 	is 	charged 	for 	the use. 	These pools 	shall 	also 	include
but not 	be 	limited to public wading pools, 	therapeutic
pools, 	spas, 	and similar pools.
"Public 	saltwater specialty swimming pool" 	means 	any
saltwater swimming pool, 	other than a 	private 	residential
saltwater swimming pool, 	which is 	intended to be used
collectively by a 	number of persons 	for 	swimming or bathing
regardless 	of whether a 	fee 	is 	charged for 	the use. 	These
pools 	shall 	also 	include but not be 	limited to public
saltwater wading pools, 	therapeutic 	saltwater pools,
saltwater spas, 	and similar pools.
"Public 	swimming pool" 	means 	any swimming pool, 	other
than a 	private 	residential 	swimming pool, 	which is 	intended
to be used collectively by a 	number of persons 	for 	swimming
or bathing regardless 	of whether a 	fee 	is 	charged for 	the
use. 	These pools 	shall 	also 	include but not 	be 	limited to
public wading pools, 	therapeutic pools, 	spas, 	and similar
pools.
"Quality assurance" 	means 	an 	integrated system of
management 	activities 	involving planning, 	implementation,
assessment, 	reporting, 	and quality 	improvement 	to ensure
that 	a 	process, 	item, 	or 	service 	is 	of 	the 	type 	and quality
needed and expected.
"Quality control" 	means 	the 	overall 	system of
technical 	activities 	that measures 	the 	attributes 	and
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§11-10-2
performance of a 	process, 	item, 	or 	service against 	defined
standards 	to verify 	that 	they meet 	the 	stated requirements
established by the pool 	operator, 	operational 	techniques
and activities 	that 	are used 	to 	fulfill 	requirements 	for
quality.
"Saltwater" 	means 	water with dissolved inorganic 	ion
concentrations 	greater 	than 	0.5 parts per thousand.
"Saltwater swimming pool" 	means 	a 	swimming pool
containing saltwater.
"Swimming pool" 	means 	any man-made 	enclosure,
structure, 	basin, 	chamber, 	or 	tank containing an artificial
body of 	water 	that 	is used 	for 	swimming, 	diving, 	or
recreational 	bathing or therapy by humans.
"Water quality monitoring data" 	means measurements 	and
analytical 	results 	of 	swimming pool 	water 	samples 	that 	were
taken to 	confirm compliance with this 	chapter.
[Eff 	] [Auth: 	HRS 	§§321-10, 	321-11] [Imp: 	HRS
§321-
§11-10-3 	Submission of 	plans 	and specifications.
(a) 	• All 	plans 	and specifications 	of 	a 	proposed public
swimming pool 	or renovation of 	a 	public 	swimming pool, 	with
supporting data, 	shall be prepared by or under 	the 	direct
supervision of an architect 	or 	engineer 	licensed to
practice 	in this 	State, 	and shall 	be 	submitted to 	the
director 	for 	review and approval 	prior 	to 	construction.
(b) 	The 	seal 	affixed by the 	architect 	or engineer on
the plans 	and specifications 	with supporting data 	shall 	be
prima 	facie 	evidence 	that 	the 	architect 	or engineer has
designed or supervised the 	design of 	the public swimming
pool 	and equipment.
(c) 	All plans 	and specifications 	of public 	saltwater
specialty swimming pools must 	incorporate a 	mechanical
pumping 	system.
(d) 	All plans 	and specification of 	open system public
saltwater specialty swimming pools must 	demonstrate 	to 	the
satisfaction of 	the 	Director 	that 	water 	exchange 	rates
required by 	§11-10-16 (a) (3) (B) 	will 	be 	achieved. 	In open
system public 	saltwater specialty swimming pools, 	this
demonstration may be accomplished by 	calculating the 	flow
rate of 	input water.
(e) 	No public 	swimming pool 	shall 	be 	constructed or
renovated except 	in accordance with plans 	and
specifications 	approved by the 	director.
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§11-10-4
(f) 	A plan review fee 	of 	$200 	shall 	accompany the
submittal of plans 	and specifications.
(g) 	The 	failure 	of 	the 	director 	to act 	on a 	complete
application to 	construct 	or renovate a 	public 	swimming pool
within one hundred eighty days 	of 	the 	receipt 	of 	the
application shall be 	deemed an approval 	of 	the 	application;
provided that 	the applicant 	acts 	consistently with the
application process. 	[Eff JUL 	} 5 2UUL ] [Auth: 	HRS
§ § 3 21-10 , 	3 21-11] [ Imp : 	HRS 	§ 3 21-11]
§11-10-4 	Permit 	to 	operate. 	(a) 	No person shall
operate 	or maintain a 	public 	swimming pool unless 	a 	permit
to 	operate has 	been obtained from the 	department. 	The
permit 	shall be valid for 	five 	years 	unless 	revoked or
suspended for 	cause.
(b) 	Any person desiring 	to operate or maintain a
public 	swimming pool 	shall 	submit 	an application 	for 	a
permit 	on a 	form designated by the 	department.
(c) 	The director 	shall 	ascertain 	if 	the 	applicant 	is
in compliance with this 	chapter by reviewing data
demonstrating 	that 	the public 	swimming pool 	is performing
as 	designed, 	reviewing 	the public 	swimming pool's 	operation
and maintenance procedures, 	reviewing 	the public 	swimming
pool's 	emergency response 	to accident procedures, 	and where
applicable, 	reviewing and approving 	the public 	swimming
pool's monitoring plan. 	When the 	director has 	determined
that 	the public 	swimming pool 	satisfies 	the 	requirements 	of
this 	chapter, 	a 	permit 	shall 	be 	issued to 	the 	applicant by
the 	director after 	the department 	receives 	a 	permit 	fee 	of
$50.
(d) 	The permit 	shall 	be non-transferable.
(e) 	A valid permit 	shall be posted in a 	conspicuous
place within the 	confine 	of 	the public 	swimming pool, 	at
the bathhouse, 	or in the 	office 	of 	the pool manager.
(f) 	Subsequent 	to 	the permit being 	issued, 	the
director shall have 	the 	right 	of 	entry to perform
inspections 	of 	the public 	swimming pool 	and to arrange 	for
collection and examination of water 	samples 	from the public
swimming pool 	to ensure 	compliance with this 	chapter. 	Any
and all 	subsequent 	inspections may be 	conducted solely at
the 	discretion of 	the 	director.
(g) 	A permit 	renewal 	application shall be 	submitted
at 	least one hundred eighty days 	prior to 	expiration of 	the
permit. 	The director 	shall 	review 	the public 	swimming
pool's 	operation and maintenance 	records, 	review the public
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§11-10-4
swimming pool's 	emergency response 	records, 	and where
applicable, 	review data 	resultant 	from the public 	swimming
pool's monitoring plan. 	When the 	director has 	determined
that 	the public 	swimming pool 	continues 	to 	satisfy the
requirements 	of 	this 	chapter, 	the permit 	shall be 	renewed
by the 	director after 	receipt by the 	department 	of a
renewal 	permit 	fee 	of 	$50.
(h) 	Failure of 	the 	director 	to act 	on a 	completed
application 	for permit 	or permit 	renewal 	within one hundred
eighty days 	of 	the 	receipt 	of 	the 	application shall 	be
deemed an approval 	of 	the 	application; 	provided that 	the
applicant 	acts 	consistently with the 	application process.
[Eff 	1 5 	02] [Auth: 	HRS 	§§321-10, 	321-11] [Imp: 	HRS
§321-11
§11-10-5 	Permit 	denial, 	revocation, 	or 	suspension.
(a) 	The 	director may deny, 	revoke, 	or suspend a 	permit 	for
failure 	to 	comply with this 	chapter and/or 	for 	knowingly or
willfully making any false 	statements 	to 	the 	department
relative 	to any matter under 	this 	chapter.
(b) 	The 	applicant 	or permit 	holder 	shall be notified
in writing of 	findings 	made by the 	department 	of 	any
failure 	to 	comply with this 	chapter.
(c) 	Any applicant 	or permit 	holder 	shall 	have 	the
right 	and opportunity to appeal 	the 	findings 	of 	the
department 	in writing 	to 	the 	director within twenty days 	of
receipt 	of notice 	of 	noncompliance 	with this 	chapter. 	No
suspensions 	or revocations 	shall become 	effective until 	the
applicant 	or permit 	holder has 	had an opportunity to appeal
the 	department's 	findings.
(d) 	Notwithstanding subsection 	(a), 	(b), 	and 	(c),
where 	the director 	finds 	that 	there 	exists 	an immediate and
substantial 	danger 	to 	the public health in the public
swimming pool, 	the 	director may issue an order to 	suspend
the public 	swimming pool permit 	and shall provide 	an
opportunity 	for hearing within twenty four 	hours 	after
service 	of 	the 	order.
(e) 	All 	hearings 	shall 	comply with chapter 91, 	HRS,
and the 	department 	rules 	of practice and procedure.
(f) 	A revoked or suspended permit 	shall 	be 	reissued
upon presentation of 	evidence 	in writing to 	the 	department
that 	the 	deficiencies 	causing 	the 	revocation or 	suspension
have been corrected and reinspection by the 	department
confirms 	the written evidence.
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§11-10-6
(g) 	The 	department may consider as 	a 	possible
justification for 	the 	denial, 	suspension, 	or revocation of
a 	permit, 	any conviction of 	a 	penal 	offense when such
offense 	directly relates 	to 	the permit 	applicant's 	or
permit 	holder's 	ability to 	comply with this 	chapter. 	Such
denial, 	suspension, 	or revocation shall be pursuant 	to 	and
in accordance 	with sections 	831-3 .1 (b) 	and 	(c) . 	[Eff 	JUI 	15 	2001
] [Auth: 	HRS 	§§321-10, 	321-11] [Imp: 	HRS 	§321-11] 	- 	L.
§11-10-6 	Variances. 	(a) 	Every application for 	a
variance 	shall 	be made 	on 	forms 	furnished by the
department. 	The 	applicant 	shall 	submit 	sufficient
information to enable 	the 	director 	to make a 	decision on
the 	request 	for 	variance.
(1) 	The 	director shall not 	act upon or 	consider any
incomplete 	application for 	a 	variance. 	An
application shall be deemed complete 	only when
all 	required and 	requested information, 	including
the 	application form, 	plans, 	specifications, 	and
other 	information have been timely 	submitted.
(2) 	Every application shall 	be 	signed by the
applicant 	and shall 	constitute an acknowledgment
and agreement 	that 	the applicant 	will 	comply with
all 	the 	terms 	and conditions 	of 	the 	variance 	and
this 	chapter.
(3) 	The director may require 	the 	submission of
additional 	information after 	the 	application has
been submitted. 	If 	an application 	is 	incomplete
or otherwise deficient, 	processing of 	the
application shall 	not be 	completed until 	such
time 	as 	the applicant has 	supplied all 	required
information or otherwise 	corrected the
deficiency.
(4) 	The 	failure 	of 	the 	director 	to 	act 	on a 	completed
application for 	a 	variance within one hundred
eighty days 	of 	the 	receipt 	of 	the 	application
shall be 	deemed an approval 	of 	the 	application;
provided that 	the 	applicant 	acts 	consistently
with the 	application process.
(b) 	The application will be 	reviewed by the 	director
based on the 	effect 	or probable effect 	the variance would
have upon the public 	swimming pool 	standards 	established
pursuant 	to 	this 	chapter.
(c) 	Whenever an application is 	approved by the
director, 	the 	director shall 	issue a 	variance 	authorizing
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§11-10-6
the operation of 	the public swimming pool 	pursuant 	to the
conditions 	specified in the 	application for 	the variance
and/or the 	conditions 	specified by the 	director. 	No
variance 	shall be 	granted by the 	director unless 	the
application and the 	supporting 	information clearly show
that:
(1) 	The 	continuation of 	the 	function or operation of
the public 	swimming pool 	by the 	granting 	of 	the
variance poses no 	threat 	to public health; 	or
(2) 	The proposed changes 	in the 	function or operation
of 	the public 	swimming pool 	do not 	endanger human
health.
(d) 	Any approved variance 	shall be 	granted within the
requirements 	of 	this 	section, 	for 	time periods 	and under
conditions 	consistent with this 	chapter, 	and with 	the
following 	limitations:
(1) 	The director may issue a 	variance 	for 	a 	period
not 	exceeding 	two years;
(2) 	The director may revoke 	the variance 	at 	any time
if 	the variance 	creates 	a 	threat 	to public health
and safety;
(3) 	Every variance granted under 	this 	section shall
include 	conditions 	requiring 	the 	grantee 	to
submit 	to 	the 	director 	information such as 	plans,
procedures, 	other supporting 	information,
laboratory research data, 	published scientific
papers, 	and any follow-up 	information and
analyses 	as 	deemed necessary by 	the 	director; 	and
(4) 	Every variance granted under 	this 	subsection
shall 	undergo a 	thorough review of 	known and
available means 	of protecting 	the 	health of
swimmers 	in a 	public 	swimming pool.
(e) 	Variance 	renewal. 	Any variance 	granted pursuant
to 	this 	section may be 	renewed on terms 	and conditions 	and
for periods 	not 	exceeding two years 	which would be
appropriate 	on initial 	granting of 	a 	variance; 	provided
that 	the 	applicant 	for 	renewal 	has 	met 	all 	of 	the
conditions 	specified in the 	immediately preceding variance;
and provided further 	that 	the 	renewal, 	and the variance
issued 	in pursuance 	thereof, 	shall 	provide 	for protection
of public health not 	less 	than that 	attained pursuant 	to
the 	terms 	of 	the 	immediately preceding variance 	at 	its
expiration. 	No renewal 	shall be granted except 	on
application therefor. 	Any such application shall be made
at 	least 	one hundred eighty days prior to 	the 	expiration of
the variance. 	The 	director shall 	act 	on an application for
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§11-10-15
renewal 	within one hundred eighty days 	of 	the 	receipt 	of
such application; 	provided that 	the 	applicant 	acts
consistently with the application process.
(f) 	The director shall, 	upon request, 	provide 	the
opportunity for 	public comment 	or hearing(s) 	in accordance
with chapter 	91, 	HRS, 	or both to consider the 	approval 	or
denial 	of 	an application for 	a 	variance or the 	revocation
of a 	variance. 	A notice 	shall be published in accordance
with chapters 	91 	and 	92, 	HRS, 	in a 	newspaper of 	general
circulation in the 	State and 	in the 	county where 	the public
swimming pool 	is 	located. 	All publication costs 	related to
public 	notification(s) 	shall 	be paid by the 	applicant 	to
the necessary and appropriate newspaper agency or agencies
prior 	to publication date. 	Failure 	to do so may result 	in
a 	delay 	in the variance process.
(g) 	No variance 	shall be 	construed to prevent 	or
limit 	the application of 	any emergency provisions 	and
procedures provided by law.
(h) 	A processing fee 	of 	$500 	shall 	accompany 	the
submittal of a 	variance. 	[Eff 	lJLJL 	] 5 2007] [Auth: 	HRS
§§321-10, 	321-11] [Imp: 	HRS 	§321-11]
§11-10-7 	Penalty. 	Any person who violates 	any
provision of 	this 	chapter 	shall be 	subject 	to penalties
specified in sections 	321-18 	and 321-20, 	HRS. 	[Eff
] [Auth: 	HRS 	§§321-10, 	321-11] [Imp: 	HRS 	§321-11]
§§11-10-8 	to 11-10-13 	(Reserved).
SUBCHAPTER 2
OPERATION AND MAINTENANCE
§11-10-14 	Purpose. 	The purpose of 	this 	subchapter
shall 	be 	to provide minimum standards 	for public 	swimming
pool 	operation and maintenance. 	[Eff 	. ILJI 	1 5 200?] [Auth:
HRS 	§§321-10, 	321-11] [Imp: 	HRS 	§321-ll'i' 	• ' 	' 	•
§11-10-15 	Public 	freshwater 	swimming pools. 	(a)
Water 	supply:
(1) 	The water 	supply serving a 	public 	freshwater
swimming pool 	shall meet 	the 	requirement 	of
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§11-10-15
chapter 11-20, 	Rules 	Relating 	to 	Potable Water
Systems, 	except 	that 	the 	director may approve 	the
use 	of 	water 	from natural 	sources.
(2) 	Where both potable and nonpotable water 	systems
are 	used to 	serve a 	public 	freshwater 	swimming
pool, 	the 	systems 	shall 	be 	piped to prevent
cross-connections 	or back-siphonage.
(3) 	All 	portions 	of 	the potable water 	supply system
serving the public 	freshwater 	swimming pool 	and
auxiliary facilities 	shall 	be protected against
backflow.
(4) 	Potable water 	introduced into 	the public
freshwater 	swimming pool, 	either 	directly or to
the 	recirculation system, 	shall be 	supplied
through an air gap or other approved means.
(b) 	Water quality:
(1) 	The public 	freshwater 	swimming pool 	water shall
be maintained in an alkaline 	condition as
indicated by a 	pH between 	7.2 	and 7.8.
(2) 	The 	chlorine 	residual 	in the public 	freshwater
swimming pool 	shall be at 	least 	0.6 	parts per
million. 	The director may accept 	other
disinfecting 	chemicals 	or 	apparatus 	registered by
the United States Environmental 	Protection Agency
when they have been adequately demonstrated to
provide a 	satisfactory residual 	effect 	which is
easily measured and equally effective under
conditions 	of use as 	the 	chlorine 	concentration
required under this 	section.
(3) 	The 	chemicals 	or apparatus 	used 	in controlling
water quality shall 	not 	be 	dangerous 	to public
health, 	create objectionable physiological
effects, 	or 	impart 	toxic 	properties 	to 	the pool
water. 	Any chemical 	that 	is 	to be used for 	algae
control 	shall be approved by the 	department
before use.
(4) 	The water 	shall 	have 	sufficient 	clarity at 	all
times 	so 	that 	a 	disc which 	is 	six inches 	in
diameter and of a 	color 	of high contrast 	to 	the
•''color of 	the public 	freshwater 	swimming pool
bottom can be 	seen from outside 	the pool when
placed on the 	floor 	of 	the public 	freshwater
swimming pool at 	the 	deepest point. 	The public
freshwater 	swimming pool 	shall 	be 	immediately
closed 	if 	the public 	freshwater 	swimming pool
fails 	to meet 	this 	requirement.
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§11-10-16
(5) 	Failure 	to meet 	the 	requirements 	set by this
section shall 	constitute grounds 	for 	immediate
closing of 	the 	public 	freshwater 	swimming pool
when the 	director determines 	that 	there 	is 	an
immediate 	risk 	to human health. 	The 	operator may
reopen 	the public 	freshwater 	swimming pool 	for
public use when 	the department 	determines 	that
all 	requirements 	of 	this 	section have been met
and there 	is no 	immediate risk to human health.
[Eff 	JUL 	15 	2002] [Auth: 	HRS 	§§321-10, 	321-
11] [Imp: 	HRS 	§321-11]
§11-10-16 	Public 	saltwater specialty swimming pools.
(a) 	Water quality:
(1) 	The water shall 	have 	sufficient 	clarity at 	all
times 	so 	that 	a 	disc which 	is 	six inches 	in
diameter and of 	a 	color of high contrast 	to 	the
color of 	the public 	saltwater specialty swimming
pool 	bottom can be 	seen from outside 	the pool
when placed on the bottom of 	the public 	saltwater
specialty swimming pool 	at 	the deepest point.
The public 	saltwater specialty swimming pool
shall be 	immediately closed if 	the public
saltwater specialty swimming pool 	fails 	to meet
this 	requirement.
(2) 	When bacteriological 	samples 	are 	collected for
laboratory analysis, 	the geometric mean of 	the
most 	recent 	five 	consecutive 	enterococcus counts
cannot 	exceed 	7.0 	CFU/100 ml 	of pool 	water.
(3) 	The water quality requirements provided in
paragraphs 	(1) 	and 	(2) 	shall be 	satisfied as
follows:
(A) 	In a 	closed system, 	the water 	shall be
disinfected by using disinfecting agents
approved by the United States 	Environmental
Protection Agency or processes 	approved by
the National 	Sanitation Foundation. 	The
agents 	or processes 	used 	in controlling
water quality shall 	not be 	dangerous 	to
public health, 	create 	objectionable
physiological 	effects, 	or 	impart 	toxic
properties 	to 	the pool water. 	Any agent
that 	is 	to be used for 	algae 	control 	shall
be approved by the department 	before use.
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§11-10-16
(B) 	In an open system, 	the water quality
requirements 	shall 	be 	satisfied through
pool water circulation. 	The pool water
shall be 	completely exchanged at 	least 	once
every six hours.
(4) 	All 	public 	saltwater specialty swimming pool
water samples 	shall be 	examined by a 	laboratory
or methods 	employing 	suitable sensors 	or
monitoring 	technology approved by the 	department.
Where applicable, 	analysis 	to determine
compliance with this 	chapter shall 	be by:
(A) 	Standard Methods 	for 	the 	Examination of
Water and Wastewater, 	Twentieth Edition,
APHA;
(B) 	"Guidelines Establishing Test 	Procedures
for Analysis 	of 	Pollutants", 	Federal
Register, 	July 1, 	1998 	(40 	CFR 136) 	and
"Technical Amendments", 	Federal 	Register,
July 1, 	1998 	(40 	CFR 136);
(C) 	"Methods 	of 	Seawater Analysis", 	Second
Revised and Extended Edition, 	ed. 	by K.
Grashof, 	M. 	Erhardt, 	K. 	Kremling, 	1983,
Verlag Chimie, 	Weinheim, 	Germany; 	and
(D) 	EPA/600/4-79-019, 	Handbook for Analytical
Quality Control 	in Water and Wastewater
Laboratories, 	March 1979.
(5) 	All public 	saltwater specialty swimming pools
shall be 	continuously free 	of non-microbial
hazardous 	marine 	life.
(6) 	Failure 	to meet 	the 	requirements 	set by this
section shall 	constitute grounds 	for 	immediate
closing of 	the public 	saltwater specialty
swimming pool. 	The operator may reopen the
public 	saltwater specialty swimming pool 	for
public use when the department 	determines 	that
all 	requirements 	of 	this 	section have 	been met
and there 	is 	no 	immediate 	risk 	to human health.
(b) 	A monitoring plan, 	quality 	control/quality
assurance plan, 	and maintenance 	and management 	plan shall
be 	submitted and approved by the 	director prior 	to opening
a 	public 	saltwater specialty swimming pool 	for 	use.
(c) 	Monitoring plan guidelines:
(1) 	Public 	saltwater specialty swimming pool 	water
circulation must be measured to guide 	the 	initial
selection of 	sampling 	locations 	including but not
limited to 	the 	range 	of water 	residence 	times
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§11-10-18
across 	the 	entire water column in the public
saltwater specialty swimming pool.
(2) 	Water 	clarity shall be monitored at 	least 	daily
at 	the 	time 	of peak use.
(3) 	Fecal 	indicator bacteria 	(enterococci) 	in the
water column shall be monitored at 	least 	weekly.
(4) 	Fecal 	indicator bacteria shall be monitored, 	for
example, 	at multiple 	stations 	along spatial
gradients 	at 	the 	surface, 	near 	the bottom, 	in the
middle of 	the 	water column, 	and near corners 	and
sidewalls. 	Nearby sites 	outside 	the public
saltwater specialty swimming pool 	that 	are
representative 	of 	the near-shore 	coastal
environment 	shall 	also be monitored for
comparative purposes.
(5) 	The pool 	water exchange 	rate of 	at 	least 	once
every 	six hours 	shall monitored on a 	daily basis.
(d) 	The public 	shall be 	informed by a 	placard that 	a
public 	saltwater 	spe<j!s1-fl-ltr i-S"'R-}P.r(l~ng pool 	is 	not
disinfected. 	[Eff 	I.JUL 	J 	LUUL] [Auth: 	HRS 	§§321-10,
321-11] [Imp: 	HRS 	§321-11]
§11-10-17 	Wastewater disposal. 	(a) 	Overflow water
of 	a 	public swimming pool, 	not 	including open systems,
shall be returned to 	the 	filter 	system:
(1) 	Backwash water may be 	discharged 	into a 	sanitary
sewer 	through an approved air gap, 	or 	into an
approved subsurface 	disposal 	system, 	or
separation tank, 	or by other means 	approved by
the 	director.
(b) 	The 	disposition of 	sewage 	from 	the 	bathhouse
shall 	be 	into a 	sanitary sewer or a 	private 	sewage 	disposal
system that meets 	the 	approval 	of 	the 	director.
(c) 	If a 	public 	swimming pool 	is 	drained, 	the public
swimming pool water 	shall be 	free 	of 	chlorine. 	[Eff 	JUL 	J 5 2002
] [Auth: 	HRS 	§§321-10, 	321-11] [Imp: 	HRS 	§321-11]
§11-10-18 	Public 	swimming pool 	cleaning. 	(a)
Visible 	scum, 	dirt, 	silt, 	or organic matter 	in the public
swimming pool 	shall be 	removed within twenty-four hours by
flushing 	or other 	effective means.
(b) 	Surfaces 	in the 	locker rooms, 	bathrooms, 	and
public 	swimming pool walls, 	bottom and deck must 	be 	easy to
clean and scrubbed to 	remove bacterial 	films.
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§11-10-18
(c) 	All 	public 	swimming pool 	surfaces must 	be kept
free 	of growth to prevent 	skin abrasion of 	swimmers.
[Eff 	JLJL 	15 2002] [Auth: 	HRS 	§§321-10, 	321-11] [Imp: 	HRS
§321-11]
§11-10-19 	Public 	swimming pool 	bathhouses. 	(a)
Dressing and sanitary facilities 	shall be provided and
maintained at 	every public 	swimming pool. 	The 	requirements
relating 	to bathhouses, 	dressing rooms, 	toilet 	facilities,
and showers may be waived 	for hotels, 	apartments,
condominiums, 	motels, 	multiple housing units, 	and other
similar places where 	the 	facilities 	are 	conveniently
available 	to public 	swimming pool patrons.
(b) 	Every bathhouse 	shall be provided with facilities
for 	each sex with no 	interconnections between the
facilities 	for male 	and female. 	The 	rooms 	shall 	be
well-lighted, 	well-drained, 	well-ventilated, 	and of 	sound
construction, 	with 	impervious materials.
(c) 	All partitions between portions 	of 	the 	dressing
room areas, 	screen partitions, 	shower, 	toilet, 	and dressing
room booths 	shall be of 	durable material 	not 	subject 	to
damage by water and shall 	be designed so 	that 	a 	waterway is
provided between the partition and floor 	to permit 	thorough
cleaning of 	the walls 	and floor 	areas 	with hoses 	and
brooms.
(d) 	The 	floors 	of 	the bathhouse 	shall 	be 	free 	of
joints 	or openings 	and shall be 	continuous 	throughout 	the
area with a 	slip-resistant 	surface which shall 	be
relatively smooth to ensure 	complete 	cleaning.
(e) 	Floor drains 	shall be provided to ensure positive
drainage 	of 	all 	parts 	of 	the building with an adequate
slope 	in the 	floor 	towards 	the 	drains.
(f) 	An adequate number of hose bibbs 	shall be
provided for 	flushing 	down the 	dressing 	rooms 	and bathhouse
interior.
(g) 	Not 	less 	than one 	drinking 	fountain 	shall be
provided to bathers 	at 	the guhlic 	swimming pool 	or 	the
bathhouse. 	[Eff 	HIL 	5 2UOZ ] [Auth: 	HRS 	§§321-10, 	321-
11] [Imp: 	HRS 	§32!'-1.I"]
§11-10-20 	Public 	swimming pool 	toilets 	and showers.
Minimum sanitary facilities 	shall be 	provided as 	follows:
(1) 	The minimum criteria for 	bathhouse 	facilities
shall be based upon the 	total 	capacity of
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§11-10-21
bathers. 	Facilities 	for 	either 	sex shall 	be
based upon a 	ratio of 	fifty per 	cent 	of 	the 	total
number of bathers being male and 	fifty per cent
being 	female. 	Where 	the public 	swimming pool 	is
confined to use 	by one 	sex only, 	one hundred per
cent 	of plumbing 	facility 	requirements 	shall be
provided for 	that 	sex;
(2) 	One water closet, 	one 	lavatory, 	and one 	urinal
shall 	be provided for 	the 	first 	one hundred male
bathers. 	One 	additional 	water closet, 	lavatory,
and urinal 	shall 	be provided for 	each additional
two hundred male bathers 	or major 	fraction
thereof. 	A minimum of 	two water 	closets 	and one
lavatory shall be provided in each bathhouse
building for 	the 	first 	one hundred females. 	One
additional 	water closet 	and lavatory shall be
provided for 	each additional 	one 	hundred females
or major 	fraction 	thereof;
(3) 	A minimum of 	one 	shower head shall be provided
for 	each fifty persons;
(4) 	Soap dispensers, 	with liquid or powdered soap,
shall 	be provided at 	each lavatory. 	Soap holders
shall 	be provided at 	shower heads 	and shall be of
materials 	other than glass; 	and
(5) 	Toilet paper dispensed through paper holders
shall be provided at 	each water 	closet.
[Eff 	JUL 	15 2002] [Auth: 	HRS 	§§321-10, 	321-
11] [Imp: 	HRS 	§321-11]
§11-10-21 	Public swimming pool 	records. 	(a) 	The
operator shall 	record, 	on a 	daily basis, 	the 	following
information as 	it pertains 	to 	the particular public
swimming pool:
(1) 	Water clarity;
(2) 	Operating periods 	of 	recirculation pumps 	and
filters 	and corresponding rate 	of 	flow meter
readings;
(3) 	Amounts 	of 	chemicals 	introduced to 	the pool
water;
(4) 	Test 	results 	of 	disinfectant 	residuals;
(5) 	Test 	results 	of 	the pool water's pH;
(6) 	Water quality monitoring data when required;
(7) 	Maintenance 	(and malfunctioning) 	of 	equipment;
(8) 	Dates 	of 	accidents 	from 	fecal 	or vomitus
discharge, 	and the 	action taken 	in response.
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§11-10-21
(b) 	Test 	results 	of 	the 	total 	alkalinity 	(tested
monthly).
(c) 	The 	information required 	in subsections 	(a) 	and
(b) 	shall be kept on file 	by the operator 	for 	a 	period of
twelve months 	for 	review by the 	director.
(d) 	Water quality monitoring data when required shall
be 	submitted to 	the department 	on a 	quarterly basis. 	[Eff 	JUL 	l 5 2002
] [Auth: 	HRS 	§§321-10, 	321-11] [Imp: 	HRS 	§321-11]
§11-10-22 	Public 	swimming pool 	rules. 	(a) 	The
operator of a 	public 	swimming pool 	shall 	enforce 	the
following 	rules 	and list 	them on a 	placard posted either at
the public 	swimming pool 	or 	in the 	dressing 	rooms:
(1) 	All persons using 	the public 	swimming pool 	shall
take 	a 	cleansing shower bath before 	entering the
public 	swimming pool. 	A bather 	leaving 	the
public 	swimming pool 	to use 	the 	toilet 	shall 	take
a 	second cleansing shower bath before 	returning
to 	the public 	swimming pool;
(2) 	Any person having an 	infectious 	or communicable
disease 	shall be 	excluded from the public
swimming pool. 	Persons having any open blisters,
cuts, 	etc., 	shall 	be warned that 	these 	are 	likely
to become 	infected and advised not 	to use 	the
pool;
(3) 	Spitting, 	spouting of water, 	and blowing the nose
in the public 	swimming pool 	shall be 	strictly
prohibited;
(4) 	Infants 	and toddlers 	to prevent 	contamination of
the public 	swimming pool 	shall use 	swim diapers;
(5) 	The public 	swimming pool 	shall 	be 	immediately
closed for 	cleaning 	in the 	event 	of 	an accidental
fecal 	or vomitus 	discharge. 	All 	bathers 	shall be
ordered to 	leave 	the public 	swimming pool 	until
such substances 	are 	removed. 	A closed system
public 	swimming pool 	shall 	be disinfected before
the pool 	is 	reopened for 	use. 	An open system
public 	swimming pool 	shall 	be kept 	closed until
it 	is 	determined that 	the 	water quality meets 	the
standards 	set by this 	chapter; 	and
(6) 	Pets 	are not 	allowed 	in a 	public 	swimming pool.
(b) 	The pool 	operator may reword the 	above public
swimming pool 	rules 	in customer 	friendly 	language. 	[Eff 	JUL 15 2002
] [Auth: 	HRS 	§§321-10, 	321-11] [Imp: 	HRS 	§321-11]
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§11-10-29
§11-10-23 	Severability. 	Should any section,
paragraph, 	phrase, 	or provision of 	this 	chapter be 	declared
unconstitutional 	or 	invalid for 	any reason, 	the 	remainder
or any other application of 	this 	chapter 	shall 	not 	be
affected. 	[Eff 	JUL 	l t.J LLJLJ2] [Auth: 	HRS 	§§321-10, 	321-
11] [Imp: 	HRS 	§321-11]
§§11-10-24 	to 11-10-29 	(Reserved) . "
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