16 Del. Admin. Code § 4464-4.0

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

Section 4464-4.0 - Inspections

4.1 Inspections and Right of Access

4.1.1 Site Inspection - Prior to the issuance of an Approval to Construct for the construction of a new outdoor pool, a site inspection shall be made by a representative of the Division in order to confirm that the pool location meets the requirements of Section 3.4. After a specific site is approved, any change of location shall require another site inspection.

4.1.2 Pre-Operational Plan Review Inspection - A pre-operational plan review inspection will occur prior to an Environmental Health Inspection, and will be conducted by representatives of the Division in order to confirm that the pool meets the requirements of Section 3.4 for operation. This inspection will be posted in a location conspicuous to the public until an Environmental Health Inspection has been conducted.

4.1.3 Right of Entry and Environmental Health Inspection - Representatives of the Division shall have the right of immediate entry any time a pool is open, and in special situations, at any reasonable time, in order to perform any inspection to determine compliance with these Regulations. An inspection shall be conducted at least once per year at every active pool. These inspections may include any room or area associated with the pool operation. In addition, the representatives shall be permitted to examine any pertinent records.

4.2 Posting Inspection Results

4.2.1 The results of the most recent inspection of the public pool shall be posted in a location conspicuous to the public.

4.3 Division Personnel Competency Requirement

4.3.1 Division personnel performing environmental health/sanitary evaluations or complaint investigations of public pool shall meet the same requirements as specified for a qualified pool operator in Section 4.4 of these Regulations prior to assuming responsibilities for this program.

4.4 Qualified Operator

4.4.1 The operation of every pool shall be monitored by a qualified operator. This person may be part of the pool staff or from a private company and shall monitor the pool weekly or more as necessary to maintain compliance with these Regulations. Weekly visits shall be documented and available for review by the Division.

4.4.2 The qualified operator's certificate issued by the Division, or a copy, shall be available for viewing by any patron or representative of the Division upon request.

4.4.3 The Division reserves the right to revoke the approval of any operator based upon evidence of malfeasance or non-feasance.

16 Del. Admin. Code § 4464-4.0

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