W. Va. Code R. § 64-16-10
Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-16-10 - Safety Requirements10.1. A recreational water facility shall have a Shepherd's crook and reach pole available for use.10.2. At recreational water facilities with lifeguards, the facility shall provide one (1) rescue tube for each lifeguard on duty that is readily accessible for emergency use.10.3. At recreational water facilities without lifeguards, the facility shall provide a minimum of one (1) unit of life saving equipment available for patron use as approved by the Commissioner.10.4. A recreational water facility shall maintain all equipment in good repair.10.5. A recreational water facility shall be equipped with a readily available, fully stocked first aid kit according to the provisions in subsection 2.5 of this rule.10.6. Operators shall not permit employees who have open sores or an infectious disease that is transmissible by water in the water or to serve as lifeguards.10.7. Each lifeguard on duty shall have immediate access to personal protective equipment including, but not limited to, a resuscitation mask and latex or other impermeable gloves.10.8. Except for spas, hot tubs, and whirlpools, if a recreational water facility requires an admission fee such as a gate receipt, annual pass, or membership dues, or is used by an organized camp or a child care center, the facility shall provide certified lifeguards on duty at all times the facility is open according to the following: 10.8.a. The number of lifeguards required shall be determined by the size of the recreational water facility and the number of patrons as described in Table 64-16 B at the end of this rule. The operator may request in writing from the Commissioner a variance in the number of lifeguards required.10.8.b. A lifeguard shall have a current life guarding certificate from the American Red Cross, Ellis and Associates, the YMCA, or an equivalent organization approved by the Commissioner.10.8.c. A lifeguard shall have a current cardiopulmonary resuscitation (CPR) certificate from the American Red Cross, the American Heart Association, the National Safety Council, or an equivalent organization approved by the Commissioner.10.8.d. A lifeguard shall have a current first aid certificate, equal to or better than the American Red Cross Standard First Aid or National Safety Council First Aid Certification or an equivalent organization approved by the Commissioner.10.8.e. Parents or accompanying adults shall not leave children unattended in a wading pool.10.8.f. The employment of lifeguards is recommended, but not mandatory at: 10.8.f.1. Mobile home parks, travel trailer camps, hotels, motels, apartment complexes, condominiums or private residential communities that have recreational water facilities that are available for use only to the residents; or10.8.f.2. Mobile home parks, travel trailer camps, hotels, motels, apartment complexes, condominiums or private residential communities that have recreational water facilities with a depth of five (5) feet or less.10.8.g. If the facility employs no lifeguards, the management shall post a sign in a prominent location near the recreational water facility stating "Warning: No lifeguard on duty - All persons under the age of fourteen (14) must be accompanied by an adult".10.9. Each recreational water facility shall have a blood-borne pathogen plan based on the Occupational Safety and Health Administration's standards. 10.10. Telephone service shall be available within one hundred (100) feet of the recreational water facility, and emergency phone numbers for rescue agencies shall be posted.10.11. Each recreational water facility shall have a written emergency action plan that includes all life-threatening emergencies, non-life-threatening emergencies, chemical spills, and environmental emergencies.10.12. The recreational water facility shall take appropriate measures to avoid entrapment of patrons on drains. 10.12.a. Pools with single suction outlets must meet National Spa and Pool Institute ANSI/NSPI-1 2003 Standard for Public Swimming Pools, public spa suction outlets must meet ANSI/NSPI-2 1999 Standard for Public Spas, and Public Water Park suction outlets must meet ANSI/IAF-9 2005 Standard for Public Water Parks and ANSI/APSP-7 2006 National Standards for Suction Entrapment Avoidance in Swimming Pools, Wading Pools, Spa, Hot Tubs, and Catch Basins. These standards are available through the internet at: http://www.nspi.org/home.10.12.b. Spas constructed, installed, or modified after July 1, 2002 shall provide an emergency shut-off switch and an audible alarm placed within twenty (20) feet of the spa.10.13. Recreational water facilities shall comply with applicable provisions of the State Fire Commission's rule, "Fire Code," 87CSR1.10.14. The patron load shall be determined by the National Spa and Pool Institute ANSI/NSPI-1 2003 Standard for Public Swimming Pools or the most current design standard.W. Va. Code R. § 64-16-10