W. Va. Code R. § 64-16-9

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-16-9 - Supervision of Patrons
9.1. Except for bathing beaches, a qualified water facility operator shall be available for consultation at all times the recreational water facility is open for use.
9.2. The operator shall have the authority to:
9.2.a. Exclude from the premises any patron who does not follow the safety and sanitation rules; and
9.2.b. Evacuate the facility as needed to protect the health and safety of the employees.
9.3. The operator shall supervise the patrons and enforce the following rules:
9.3.a. An individual shall not urinate, defecate, spit, spout water, or blow his or her nose in the water.
9.3.b. Patrons who have open sores, or an infectious disease that is transmissible by water may not use the recreational water facility.
9.3.c. Patrons and the apparel they wear in the water shall be visibly clean.
9.3.d. Children who are not toilet trained shall wear tight fitting plastic underwear that will prevent leakage, or use other appropriate apparel approved by the Commissioner.
9.3.e. Patrons under the influence of drugs or alcohol or exhibiting disruptive behavior are not permitted in the recreational water facility.
9.3.f. Except for service animals, animals shall not be allowed in the recreational water facility.
9.3.g. Food, drink, gum, and tobacco may be used only in designated and controlled areas.
9.3.h. Glass containers or other materials that might create hazardous conditions or interfere with efficient operation of the facility are not allowed.
9.3.i. Diving from the deck shall be permitted only in designated areas where the water is more than five (5) feet in depth.
9.4. The recreational water facility shall prominently post the rules applicable to patron behavior so as to be readily visible to the patrons.

W. Va. Code R. § 64-16-9