Pennsylvania Act 1931-299 — "PUBLIC BATHING LAW"

Act text

"PUBLIC BATHING LAW"
                 Act of Jun. 23, 1931, P.L. 899, No. 299              Cl. 35
                                  AN ACT

     Regulating public bathing places, swimming pools, public bath
        houses, public and private natatoriums, turkish bath houses,
        all places hired for any form of bathing or swimming, and all
        related appurtenances; fixing license fees; providing, in
        matters of sanitation, cleanliness and safety, for
        supervision by the Department of Health; and prescribing
        penalties for violations.

        Compiler's Note:  Section 505(3) of Act 18 of 1995, which
            created the Department of Conservation and Natural
            Resources and renamed the Department of Environmental
            Resources as the Department of Environmental Protection,
            provided that, notwithstanding any other provisions of
            Act 18, the Department of Health shall exercise the
            powers and duties by law heretofore vested in and imposed
            upon the Department of Environmental Resources by Act 299
            of 1931 and provided that the Department of Health shall
            have the authority to promulgate rules and regulations to
            protect the public health and safety at all public
            places.
        Section 1.  Be it enacted, &c., That this act shall be known,
     and may be cited as the "Public Bathing Law."
        Section 2.  Definitions, as used in this act:
        (1)  A public bathing place shall mean any place open to the
     public for amateur and professional swimming or recreative
     bathing, whether or not a fee is charged for admission or for
     the use of said place, or any part thereof. Except with respect
     to the regulation of water supply and content, hygiene and
     plumbing and electrical facilities, and safety equipment, a
     public bathing place shall not include a swimming pool, lake or
     pond owned, operated and maintained for the exclusive use and
     enjoyment of residents of a condominium or cooperative or
     members of a property-owners association or the personal guests
     of such residents or members.
        (2)  A swimming pool shall mean a place in the open or
     enclosed in any structure or building for the purpose of
     admitting two or more persons to bathe or swim together.
        (3)  A natatorium shall mean a place in any building, or
     parts of buildings, maintained and conducted by any person or
     persons, club, corporation, association, or society or other
     organization, where fees are charged to public or member patrons
     for swimming, bathing, turkish, swedish or other forms of
     bathing.
        (4)  Department shall mean the Department of Health of this
     Commonwealth.
        (5)  A certified lifeguard shall mean an individual who has a
     current certification in lifeguarding from a certifying
     authority recognized by the department in a notice published in
     the Pennsylvania Bulletin.
        (6)  A recreational swimming establishment shall mean a
     facility that is designed, constructed and/or designated for use
     by individuals for the primary purpose of swimming, where a fee
     is charged for admission. This definition shall include, but is
     not limited to, swimming pools, water rides, wave pools and
     swimming beaches and other outdoor swimming facilities. The term
     excludes those facilities owned by condominiums, other property
     owner associations, rental arrangements which include three or
     more families or social units, hotels or motels, campgrounds,
     private clubs and private organizations which do not provide
     access to the general public, swimming facilities used
     exclusively for hydrotherapy and residential swimming facilities
     used solely by the owner of a residence, his family and personal
     guests.
        (2 amended June 18, 1998, P.L.531, No.75)
        Section 3.  Classification.--Bathing places shall be
     classified as follows:
        (1)  Natural lakes, ponds, pools, rivers and water streams.
        (2)  Outdoor ponds, pools, and streams which may be partly
     artificial and partly natural.
        (3)  Outdoor or indoor bathing or swimming pools and places
     which are entirely artificial in construction.
        (4)  Recreational swimming establishments.
        (3 amended June 18, 1998, P.L.531, No.75)
        Section 4.  In all places used and intended to be used for
     bathing and swimming by the public or any person or persons, the
     water shall be maintained at all times clean and sanitary. For
     the protection of the public, from time to time, the water used
     shall be analyzed and tested and used in accord with the
     chemical content and quality of water prescribed by the rules
     and regulations of the department for the preservation of the
     public health.
        (a)  The chemical content and quality of water in any places
     for bathing and swimming, or their appurtenances, at no time
     during the periods when such places for bathing and swimming are
     open for patronage and use, shall be of a chemical content or
     quality injurious to the health and bodies of the patrons and
     users of said public bathing places and swimming pools and
     contrary to the rules and regulations of the department.
        Section 4.1.  Certified Lifeguards.--
        (a)  An adequate number of certified lifeguards shall be on
     duty at a recreational swimming establishment when the
     recreational swimming establishment is open to the public.
        (b)  The department shall promulgate regulations to determine
     the number of lifeguards required at a recreational swimming
     establishment using objective criteria that take into
     consideration industry standards. The department shall consult
     with approved certifying authorities and recreational swimming
     establishments to develop regulations relating to lifeguards.
        (4.1 added June 18, 1998, P.L.531, No.75)

        Compiler's Note:  Section 5 of Act 75 of 1998 provided that
            the Department of Health shall promulgate regulations to
            implement the addition of section 4.1.
        Section 4.2.  Swimming Pool Pesticides.--The use of general
     use pesticides in the care and maintenance of a swimming pool at
     a private single-family residence by any person is authorized
     without any certification restrictions imposed by the act of
     March 1, 1974 (P.L.90, No.24), known as the "Pennsylvania
     Pesticide Control Act of 1973," or any regulations promulgated
     thereunder.
        (4.2 added June 18, 1998, P.L.531, No.75)
        Section 5.  Permits.--
        (a)  It shall be unlawful for any person or persons, club,
     firm, corporation, partnership, institution, association,
     municipality or county to construct, add to or modify, or to
     operate, or continue to operate, any public bath house, bathing
     swimming place or swimming pool, natatorium, or any structure
     intended to be used for bathing or swimming purposes, indoors or
     outdoors, without having first obtained a permit so to do or
     being in possession of an unrevoked permit.
        (b)  Permits shall be obtained in the following manner: Any
     person or persons, firm, corporation, co-partnership,
     associations, institution, municipality or county, or other
     body, desiring to construct, add to or modify, or to operate and
     maintain any public bathing place, bath house, bathing or
     swimming pool, natatorium, place or structure, indoors or
     outdoors, intended to be used for hire for bathing or swimming
     within the Commonwealth, shall file with the department, on
     blanks prepared by it, an application for permission to operate
     such bathing place or swimming pool.
        (c)  Each application shall be accompanied by a fee of ten
     ($10.00) dollars, and by maps, drawings, specifications and
     descriptions of the bathing place, pool, or structure, its
     appurtenances and operations, descriptions of the source or
     sources of water supply, amount of chemical content and quality
     of water available and intended to be used, method and manner of
     water purifications, treatment, disinfection, heating,
     regulating and cleaning, and measures employed to insure
     installation of necessary lavatories, dressing rooms,
     segregation of sexes, and personal cleanliness of bathers,
     method and manner of washing, disinfecting, drying, and storing
     bathing apparel and towels, and all other information and
     statistics that may be required by the rules and regulations of
     the department.
        (d)  Thereupon the department shall cause an investigation to
     be made of the proposed bathing place or existing place, pond or
     pool. If it shall be determined that the bathing or swimming
     place reasonably may be expected to become unclean, unsanitary,
     a nuisance, or may constitute a menace to public health, the
     department shall immediately refuse a permit therefor in a
     written order or decision giving the reasons for such refusal,
     and notify the applicant of said refusal. ((d) repealed in part
     Apr. 28, 1978, P.L.202, No.53)
        Section 6.  If the department shall determine that the
     bathing or swimming place, for which a permit is applied, is or
     may be maintained continually in a clean, sanitary and healthful
     manner, and will not constitute or become a menace to the public
     health, promote immorality, or be a public nuisance, it shall
     notify the applicant for such permit under what conditions and
     restrictions, if any, the department will issue a permit.
     Thereupon, if the said applicant then shall desire such permit,
     and shall agree to comply with the restrictions and conditions
     prescribed by the department, the department shall issue the
     permit.
        Section 7.  All fees accompanying the applications for
     permits, together with any monies received for transcribing any
     records for appeals, or any other purpose, shall be paid into
     the State Treasury, through the Department of Revenue.
        (7 amended May 1, 1945, P.L.333, No.143)
        Section 8.  Powers and Authority of the Department.--
        (a)  The department at all reasonable times shall have access
     to, and are hereby empowered to enter upon, any and all parts of
     the premises of any bathing and swimming place used and let for
     hire to the public or individuals, and to make such examinations
     and investigations as shall determine the sanitary conditions,
     adequate number of certified lifeguards under section 4.1 and
     all hazards and dangers from fires or anything else and whether
     the provisions of this act and the rules and regulations of the
     department are being complied with or are being violated.
        (b)  If it be determined upon such examination and
     investigation that any bathing or swimming place is being
     maintained contrary to the provisions of this act, such bathing
     and swimming place forthwith shall be closed to all persons, and
     the bathing or swimming pools be drained and kept dry until
     provision is made to comply with this law and permission given
     by the department to reopen the same. Prosecutions also shall be
     brought and carried to final judgment by the department against
     each and every person violating any of the provisions of this
     act.
        (c)  The department shall, from time to time, make complete
     and detailed records of all such investigations, inspections and
     prosecutions.
        (8 amended June 18, 1998, P.L.531, No.75)

        Compiler's Note:  Section 5 of Act 75 of 1998 provided that
            the Department of Health shall promulgate regulations to
            implement the amendment of section 8(a).
        Section 9.  The provisions of this act shall not operate to
     invalidate the provisions of any ordinance, rule or regulation
     lawfully enacted to protect the public health or against dangers
     from fire, water hazards or nuisances of any kind.
        Section 10.  No township, borough, city, or county, for
     operating and carrying on the business licensed and regulated by
     this act, shall impose any license fee in addition to the fees
     herein prescribed: Provided, however, That the owners or
     managers of such bathing places or swimming pools shall be
     privileged to apply to the proper authorities of the
     municipality in which such bathing or swimming place is located
     and pay for any police and other protection necessary to protect
     the patrons of such place from personal and bodily injury.
        Section 11.  Any permit granted by the department, as
     provided in this act, shall be revocable or subject to
     suspension at any time if the department shall determine that
     the bathing or swimming place or pool is or has been conducted
     in a manner unsanitary, unclean, promoting immorality or is
     dangerous to the public health.
        Section 12.  Any bathing or swimming place constructed,
     operated or maintained contrary to the provisions of this act is
     hereby declared to be a public nuisance, and, after being closed
     and drained of all water promptly, shall be abated and enjoined
     as other nuisances are abated and enjoined by an action brought
     by the Attorney General in any common pleas court of the county
     when such public nuisance is being maintained.
        Section 13.  Any person, firm, or corporation, association or
     institution whether as principal or agent, employer or employee,
     who violates by any act of omission or commission, or in any
     manner is a party to or directly or indirectly aids or permits a
     violation of any of the provisions of this act, shall be guilty
     of a summary offense. Each day that the conditions or acts in
     violation of this act of Assembly shall remain or continue shall
     be deemed, on the part of the person or persons charged with the
     knowledge thereof, to be a separate and distinct offense against
     the provisions of this act. For each offense, upon conviction,
     such person or persons shall be punished by a fine of not less
     than twenty-five ($25.00) dollars nor more than five hundred
     ($500.00) dollars, or shall be imprisoned in the county jail for
     a term not exceeding six months, or by both such fine and
     imprisonment.
        (13 amended July 12, 1979, P.L.93, No.40)
        Section 14.  All acts or parts of acts contrary to or
     inconsistent with the provisions hereof are hereby repealed. But
     nothing contained in this act shall be contained in this act
     shall be construed to repeal the provisions of any law the
     enforcement of which is vested in the Department of Forests and
     Waters or the Water and Power Resources Board.