Administrative Code

Virginia Administrative Code
12/3/2022

Part II. General Purposes

12VAC5-462-20. Purpose of chapter.

This chapter has been promulgated by the State Board of Health to:

1. Ensure that owners or operators of all public swimming pools post daily water quality test results and water quality standards so that users are informed of pool conditions that affect the public health, welfare, and safety.

2. Guide the owner or his agent in the requirements necessary to ensure safe pool maintenance including pH level, disinfectant type and concentration level, and water temperature.

3. Establish the recommended standards for the safe and sanitary maintenance of public swimming pools including the safe levels for: pH, chlorine, bromine, and water temperature for spas.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 2.1, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-30. Relationship to the regulations governing hotels, summer camps, and campgrounds.

This chapter is independent of and in addition to the requirements of the regulations governing hotels, summer camps, and campgrounds adopted pursuant to § 35.1-11 of the Code of Virginia. Prior to obtaining a permit to operate a hotel, summer camp, or campground, an applicant must comply with the provisions of this chapter.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 2.2, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-40. Administration of chapter.

A. The State Board of Health, hereinafter referred to as the board, has the responsibility to promulgate, amend, and repeal regulations necessary to ensure the daily posting of water quality test results and water quality standards at public swimming pools.

B. The State Health Commissioner, hereinafter referred to as the commissioner, is the chief executive officer of the State Department of Health. The commissioner has the authority to act within the scope of regulations promulgated by the board and for the board when it is not in session. The commissioner may delegate his powers under these regulations in writing to any subordinate, with the exception of (i) his power to issue variances under § 32.1-12 of the Code of Virginia and 12VAC5-462-150 and (ii) his power to issue orders under § 32.1-26 of the Code of Virginia and 12VAC5-462-100.

The commissioner has final authority to adjudicate contested case decisions of subordinates delegated powers under this section prior to appeal of such case decisions to the circuit court.

C. The State Department of Health, hereinafter referred to as the department, is designated as the primary agent of the commissioner for the purpose of administering this chapter.

D. The district or local health departments are responsible for implementing and enforcing the regulatory activities required by this chapter.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 2.3, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-50. Right of entry and inspections.

In accordance with the provisions of § 32.1-25 of the Code of Virginia, the commissioner or his designee shall have the right to enter any property to ensure compliance with these regulations.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 2.4, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-60. Exemption.

This chapter shall not apply to private residential swimming pools or recreational waters other than public swimming pools.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 2.5, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

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