Administrative Code

Virginia Administrative Code
6/15/2024

Part I. General Provisions

12VAC5-460-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Construction" means any construction, remodeling, or major alterations.

"Design load" means the maximum number of persons permitted in the pool at any given time, to be determined by dividing the total square footage of swimming pool water surface area by 27.

"Operator" or "manager" means the individual or individuals responsible for operation and management of the lodging facility and all of its facilities including the swimming pool.

"Person" means an individual, firm, corporation or association.

"State Health Commissioner" means the Commissioner of Health for the Commonwealth of Virginia.

"Swimming pool" shall mean any swimming, wading, or spray pool, including all appurtenant equipment, structures, and facilities provided for the use of guests by transient lodging establishments.

Statutory Authority

§ 35.1-13 of the Code of Virginia.

Historical Notes

Derived from VR355-35-05 § 1, eff. March 1, 1962.

12VAC5-460-20. Local requirements.

In addition to the requirements of this chapter, all applicable local ordinances, including plumbing, building, electrical, and zoning ordinances shall also apply in the construction, maintenance, and operation of all swimming pools.

Statutory Authority

§ 35.1-13 of the Code of Virginia.

Historical Notes

Derived from VR355-35-05 § 2.1, eff. March 1, 1962.

12VAC5-460-30. Plan review.

A. To ensure the health and safety of all swimming pool patrons, any person planning to initially open a swimming pool after construction, remodeling, or major alteration at a tourist lodging facility must, prior to operation of the swimming pool, submit to the local health department in the locality in which the tourist lodging facility is located complete plans or statements that show the following:

1. Plans for the pump and recirculation system.

2. Plans for the operation and maintenance of the pool disinfection and filtration system, including plans for the filtration room.

3. The proposed source and location of the pool water supply and the proposed method and location of all wastewater disposal systems.

4. The name and mailing address of the person operating the pool and the physical address of the pool.

5. Such other pertinent information as the State Health Commissioner may deem necessary to ensure a safe and healthy environment for users of the swimming pool.

B. When, upon review of the plans, the State Health Commissioner is satisfied that the proposed plans if executed will meet the requirements of this chapter and other pertinent laws and regulations designed to protect the public health, written approval shall be issued by the State Health Commissioner.

C. When, upon review of the plans, the State Health Commissioner determines that the proposed plans prevent a safe sanitary operation, the plans shall be disapproved and the applicant shall be notified in writing of any deficiency in the plans that constitute the basis for disapproval. The applicant shall be notified of the opportunity for administrative process as provided by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

D. No person shall operate a tourist establishment swimming pool or spa until written approval has been granted by the State Health Commissioner.

E. Any person whose plans have been disapproved may request and shall be granted an appeal as described by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

Statutory Authority

§ 35.1-11 of the Code of Virginia.

Historical Notes

Derived from VR355-35-05 § 3, eff. March 1, 1962; amended, Virginia Register Volume 36, Issue 1, eff. October 17, 2019.

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