W. Va. Code R. § 64-16-2

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-16-2 - Definitions
2.1. Available Qualified Water Facility Operator - a person who can be reached by telephone within thirty (30) minutes, and can be on site within sixty (60) minutes of notification, and visits the recreational water facility a minimum of one (1) time per week during the period of operation, as this term is used in section 9.1. of this rule.
2.2. Bathing Beach. -- An organized and controlled bathing place located on a natural stream, pond or lake, or on an artificial pond or lake which is formed by impounding a natural waterway.
2.3. Commissioner -- The Commissioner of the Bureau for Public Health or his or her designee.
2.4. Fecal Accident. -- The release of visible fecal matter into the water of a recreational water facility.
2.5. First Aid Kit. -- A packaged set of materials used for emergency treatment of injured or sick persons before professional medical care is available that includes a minimum of: adhesive compresses or band-aids of various sizes; adhesive tape; eye dressing pads (4" x 4" and 3" x 3"); gauze pads (4" x 4" and 3" x 3"); roller gauze (2", 3" and 4" widths); scissors; tweezers; triangular bandages; cold packs; personal protective equipment, including latex or other impermeable gloves; and resuscitation masks with one-way valves.
2.6. Operator. -- A person responsible for the operation of a recreational water facility.
2.7. Patron. -- A customer, client, or paying or non-paying guest at a recreational water facility.
2.8. Permit. -- A written document issued by the Commissioner giving a designated person permission to establish, construct, renovate, or operate a recreational water facility.
2.9. Person. -- An individual, city, town, partnership, association, company, corporation, government agency, institution, apartment, motel, country club, camp, or any other legal entity.
2.10. Private Residential Swimming Pool -- An indoor or outdoor structure, chamber, or tank containing a body of water for swimming, diving, or bathing located at a single residential dwelling that houses no more than three families and that is used exclusively by the residents and their non-paying guests.
2.11. Qualified Water Facility Operator. -- An individual who has passed a recognized Certified Pool Operator certification course, such as those offered by the National Spa and Pool Institute, the YMCA, or an equivalent course approved by the Commissioner.
2.11a. Recreational Water Facility. -- A body of water, under the control of a person, which has been modified, improved, constructed or installed for the purpose of public swimming or bathing. It includes, but is not limited to, bathing beaches; swimming, wading, and diving pools; water slides, spray pools, lazy rivers, and wave pools; spas, hot tubs, therapeutic pools, hydrotherapy pools, and whirlpools; facilities operated by communities, subdivisions, apartment complexes, condominiums, clubs, camps, schools, institutions, parks, mobile home parks, hotels, and similar recreational and public facilities. A recreational water facility does not include a private residential swimming pool as defined in this rule.
2.12. Shallow End. -- The part of a recreational water facility that has a depth of five (5) feet or less.
2.13. Spa. -- A unit designed for recreational use, including a hot tub, that is not drained, cleaned, or refilled for each user, and that may include hydrojet circulation, hot water, or air induction bubbles.
2.14. Swimming Pool. -- An artificial basin, chamber, or tank intended to be used for swimming, diving, therapy, competition, instruction, or recreational type bathing. The term does not include residential or individual therapeutic tubs or tanks.
2.15. Wading Pool. -- A small, shallow swimming pool not more than twenty-four (24) inches deep intended to be used for wading.
2.16. Wave Pool. -- A swimming pool designed for the purpose of producing wave action in the water.

W. Va. Code R. § 64-16-2