Public health officials and authorities having jurisdiction

Numerous swimming pool-related resources are available to regulatory officials, whether they are employed in an environmental health, building, plumbing, mechanical, fire, or electrical inspector capacity. This page provides information on resources available for each of the aforementioned officials.

Environmental health officials

There are several environmental health factors that apply to the health and safety of individuals using public and semi-public (e.g., hotels, motels, etc.) recreational facilities. These factors include:

• Contamination of the water through human and environmental activities
• Design and construction of recreational water facilities
• Operation and management of the recreational water facility

Regulatory oversight for recreational waters can be provided through federal laws and regulations, state regulations, or local ordinance or regulations.

Federal regulatory agencies

• Environmental Protection Agency (EPA)
• Occupational Health and Safety Administration (OSHA)
• Consumer Product Safety Commission (CPSC)
• Department of Justice (DOJ)
• Department of Transportation (DOT)
• Centers for Disease Control and Prevention (CDC) is also a federal agency although its role is not regulatory, but rather as an investigative and advisory organization

EPA

The EPA has several laws that are applicable to recreational water facilities:

Federal Insecticide, Fungicide, Rodenticide, Act (FIFRA) (Title 7, Chapter 6). Addresses pesticide product registration and labeling. Chemicals such as chlorine and bromine are required to be labeled in accordance with this Act.

Food Quality Protection Act of 1996 (FQPA) governs gas chlorine use in swimming pools.

Emergency Planning and Community Right-To-Know Act (EPCRA) is a part of the Superfund Reauthorization Act of 1986 (SARA). It is commonly referred to as SARA Title III. Since pools use chemicals (e.g., chlorine, muriatic acid, and sodium bisulfate), which are covered under this Act, they must comply with the requirements in the Act.

OSHA

OSHA's Hazard Communications Standard (HCS) was promulgated so that employees and workers in facilities using hazardous chemicals are properly informed about the hazards associated with each chemical. Section 5(a)(1) of the OSH Act, often referred to as the General Duty Clause, requires employers to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees." Section 5(a)(2) requires employers to "comply with occupational safety and health standards promulgated under this Act."

A hazard communication program is essential for workplaces that use hazardous chemicals. The basis for this program is to provide workers with information about work hazards, and how to protect themselves. One key component of the program is Material Safety Data Sheets (MSDS). According to the Certified Pool-Spa Operator Handbook from the National Swimming Pool Foundation, "MSDS must be available to all workers at the job site where the chemical is used. A copy of the MSDS should also be filed in a secure place for a period of 30 years after the last use of the chemical."

CPSC

The U.S. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency's jurisdiction. The CPSC provides guidelines on various safety-related issues at pools, such as safety barriers, entrapment hazards, and pool alarms.

DOJ

The Department of Justice administers the Americans with Disabilities Act (ADA). The purpose of this Act is to ensure that access is available to persons with disabilities. The ADA prohibits discrimination on the basis of disability in employment, state and local government activities, public accommodations, commercial facilities, transportation, and telecommunications.

ADA requirements apply to renovated pools and spas, as well as new facilities.

DOT

The DOT classifies hazardous materials based on the characteristics of the materials. There are nine hazard classes:

1. Explosives
2. Gases
3. Flammable liquids and combustible liquids
4. Flammable solids, spontaneously combustible materials, and dangerous when wet materials
5. Oxidizers and organic peroxides
6. Poison (toxic) and poison inhalation hazard
7. Radioactive materials
8. Corrosive materials
9. Miscellaneous

Pool chemicals are included in some of these classes, and proper placards must identify areas in which these chemicals are used or stored.

CDC

A prime concern of the CDC is prevention of recreational water illnesses (RWIs). As noted earlier, CDC is not a regulatory agency. In its capacity as an investigatory and advisory agency, it provides many publications on health-related topics. Information on RWIs, Model Aquatic Health Code, disinfection and operation guidelines, outbreak response, training, education, and other topics can be obtained from the CDC Web site.

State regulatory agencies

Most swimming pool programs are housed in the state health department, and regulated under state regulations. However, there are some county regulations, and even a few local regulations.

The Association of Pool and Spa Professionals (APSP) has compiled an excellent list of swimming pool regulations on their Web site.

Local regulatory agencies

As noted above, most swimming pool programs are at the state level. However, enforcement of swimming pool regulations is most often in the hands of the local health department. The link to APSP in the previous section also includes those local codes that are available in electronic format.

Note: Information taken from the websites for the Environmental Protection Agency, Occupational Health and Safety Administration, Consumer Product Safety Commission, Department of Justice, Department of Transportation, and the Centers for Disease Control and Prevention is in the public domain and may be reproduced without written copyright permission or authorization.

Information taken from the websites for the Association of Pool and Spa Professionals and the National Swimming Pool Foundation is used with permission from these organizations. Their cooperation is greatly appreciated.