16 Del. Admin. Code § 4464-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4464-3.0 - Preoperational Requirements

3.1 Permits

3.1.1 No person shall operate a public pool who does not have a valid permit issued by the Division. Only a person who complies with the requirements of these Regulations shall be entitled to receive or retain such a permit.

3.1.2 An establishment's valid permit shall be posted in a location easily observed by the customer.

3.1.3 Permits shall not be transferable from person to person or from location to location.

3.1.4 When a public pool changes ownership, management firm, or lessee, both the facility and its operation shall be brought into full compliance with these Regulations prior to the issuance of a permit. A variance may be issued, as provided by these Regulations.

3.1.5 Establishments in compliance with these Regulations shall be issued a permit in accordance with Section 3.3. of these Regulations. Establishments that continue to operate without proper permits from the Division or operate in violation of these Regulations will be subject to legal remedial actions and sanctions as provided by law.

3.2 Operating Permit - No person shall operate a pool without a valid permit from the Division and operating permits shall expire annually. The operating permit is not transferable if either the pool name or ownership changes. The operating permit shall be available for viewing by any patron or representative of the Division upon request

3.3 Issuance of Permits

3.3.1 Any person desiring to operate a public pool shall make written application for a permit. Such application shall be made on forms provided by the Division and shall include the name and address of each applicant, the location and type of the proposed establishment and the signature of each applicant.

3.3.2 Upon issuance of an application an applicant shall permit the Division to enter the proposed public pool to conduct an inspection.

3.3.3 The Division shall issue a permit to the applicant if its inspection reveals that the proposed public pool complies with these Regulations.

3.3.4 A permit is no longer valid upon occurrence of one or more of the following events:

3.3.4.1 the establishment is closed for a period of sixty (60) days or more;

3.3.4.2 a new owner, firm, or lessee takes possession of the establishment; or

3.3.4.3 the permit is revoked by the Division for violation of these Regulations.

3.3.5 Inactive Pools

3.3.5.1 Any pool which closes for twelve (12) or more continuous months shall:

3.3.5.1.1 be classified as inactive;

3.3.5.1.2 contact the Division for an Environmental Health Survey prior to re-opening; and

3.3.5.1.3 make whatever changes are deemed necessary to achieve compliance with the current Regulations.

3.3.5.2 If the inactive pool does not have its own recirculation/filtration/disinfection system, this shall be provided prior to receiving approval to reopen.

3.3.5.3 If there is no intention of reopening an inactive pool, it shall be properly abandoned (filled with dirt to ground level).

3.3.5.4 Outdoor inactive pools shall be equipped with a tightly fitting cover during mosquito breeding season (normally May through September).

3.4 Submission of Plans

3.4.1 No person shall construct, install, alter or replace a pool, auxiliary pool structure, or pool equipment and no person shall convert a private pool to a public pool until three (3) copies of plans and specifications have been submitted to the Division, and an Approval to Construct has been issued. Whenever it is discovered that any of the above have occurred or are occurring without such approval, the Director shall order the owner, operator or contractor to immediately close the pool if it is open or stop the work or conversion, and to submit plans and specifications to the Division. Any part of the unapproved work or pool that is not in compliance with these Regulations shall be removed, replaced or reconstructed in order to achieve compliance. Plans and specifications shall be legible and on paper no larger than 30" X 42" and shall include, but are not limited to the following information:

3.4.1.1 The facility name and the name and telephone number of a contact person at or near the site.

3.4.1.2 The name, mailing address and telephone number of the owner.

3.4.1.3 The name, mailing address and telephone number of the builder/contractor/engineer.

3.4.1.4 A map of the area (city, town, rural area, etc.) showing the project location and a scaled drawing of the site showing the pool location.

3.4.1.5 A scaled drawing showing an overhead view of the pool which includes the location of but is not limited to: all recirculation system fittings and piping, depth markings, steps/ladders, diving board, lifeguard stand, fillspout, safety line/bottom marking, lights (underwater and overhead), deck/walkway, fence, pump/filter room*, bathhouse facilities, food/beverage service facilities and any other pools (e.g. wading pool, spa pool). This drawing shall also specify the materials of construction for the pool and deck, and the color of the pool walls and floor. If wood is planned for the wet deck/walkway area the manufacturer of the wood shall be specified, and if the wood has been treated by the manufacturer or will be treated by the installer, any preservatives, coatings, paints, etc. shall be specified.

3.4.1.6 *Either on this drawing or a separate sheet, a blown up scaled drawing of the pump/filter room showing all piping, equipment, fittings, and the flow pattern shall be provided.

3.4.1.7 A scaled drawing showing a profile view(s) of the pool, the pool depths and the relative elevation of the pump and filter. If a diving board is planned, an end view showing the required dimensions shall also be provided.

3.4.1.8 The following pool information: volume, water surface area, perimeter, filter type, filter surface area, design flow rate, recirculation pump capacity, total dynamic head (TDH) in feet [if not provided a minimum of sixty (60) TDH will be used], pool turnover time, and the size and type of all piping (i.e. ductile iron, copper, plastic).

3.4.1.9 Specifications for and drawings or pictures of all recirculation system components, including but not limited to: skimmers* or gutters; drains; inlets; recirculation pump with pump curve; rate of flow indicator with manufacturer's installation instructions; the type, brand and surface area in square feet of the filter(s)*; multiport valve*; the type, brand and capacity of automatic disinfection equipment*; heater (including proof of AGA or UL approval); portable vacuum equipment; and the chemical name of the disinfectant to be used. All specifications shall include the manufacturer's name and model #.

3.4.1.10 *Specifications shall include proof of NSF International listing, or approved equivalent. In the remainder of these Regulations, wherever there is a referral to NSF, it means NSF International or approved equivalent.

3.4.1.11 The source of potable water (i.e. their own on-site well or the name of the water supplier if the water comes from off-site), and the location and methods of disposal for sanitary waste, filter backwash water and pool water pumped to waste.

3.4.1.12 For new pools, the following signed statement from the owner in all three (3) sets of plans and specifications: "I hereby acknowledge that all items either listed or shown in these plans and specifications as not in contract (NIC), by others, or equivalent, are my responsibility. I also realize that this entire project must be completed in accordance with the approved plans and specifications, and all conditions listed in the Approval to Construct, prior to the issuance of an operating permit by the Division." This statement with signature may appear directly on the plan drawings.

3.4.1.13 For changes to existing pools, the following signed statement from the owner: "I hereby acknowledge that all items either listed or shown in these plans and specifications as not in contract (NIC), by others, or equivalent, are my responsibility. I also realize that this entire project must be completed in accordance with the approved plans and specifications, and all conditions listed in the Approval to Construct, prior to this pool receiving permission from the Division to reopen." This statement with signature may appear directly on the plan drawings.

3.4.2 Upon receipt of plans and specifications, the Division shall determine if the project is approved or disapproved and notify the responsible person within thirty (30) days. If disapproved, the reasons shall be specified. If approved, an Approval to Construct shall be issued which shall be valid for one (1) year. All construction shall be in accordance with the approved plans and specifications, and all conditions listed in the Approval to Construct. Prior to opening, the owner or operator of a new pool shall contact the Division for a pre-operational inspection in order to receive an operating permit. The Division reserves the right to reject plans and specifications from a pool builder/pool service company based upon evidence of malfeasance or non-feasance related to a previous Approval to Construct.

16 Del. Admin. Code § 4464-3.0

19 DE Reg. 309( 10/1/2015) (Final)