District of Columbia Administrative Code

408 FOOD CONTAMINATION PREVENTION - EATING, DRINKING, USING TOBACCO, FOREIGN SUBSTANCES* 408.1 Persons working in direct contact with food, equipment, utensils, food-contact surfaces, or food-packaging materials shall not eat, drink, chew gum, or use any form of tobacco, except i…

409 FOOD CONTAMINATION PREVENTION - DISCHARGES FROM THE EYES, NOSE, AND MOUTH* 409.1 Food employees experiencing persistent sneezing, coughing, or a runny nose that causes a discharge from the eyes, nose, or mouth shall not work with exposed food, equipment, utensils, food-contac…

410 FOOD CONTAMINATION PREVENTION - HAIR RESTRAINTS, EFFECTIVENESS 410.1 Food employees shall wear clean and effective hair restraints, such as hairnets or beard nets, if appropriate, and clothing that covers body hair and is designed and worn to effectively keep hair from contac…

411 FOOD CONTAMINATION PREVENTION - ANIMALS, PROHIBITION ON HANDLING* 411.1 Food employees shall not care for or handle animals that may be present in the food processing operation, such as patrol dogs, or service animals that are allowed as specified in section 2012.1. SOURCE: F…

500 COMPLIANCE WITH FEDERAL LAWS 500.1 The most current versions of the following federal regulations are hereby incorporated by reference: (a) 7 CFR 57.200 - Part 57 - Inspection of Eggs (Egg Products Inspection Act), Subpart A - Regulations Governing the Inspection of Eggs, Rec…

600 CONDITION OF FOOD* 600.1 Food and food ingredients processed in a food processing operation shall be: (a) Safe for human consumption; (b) Clean; (c) Free of spoilage; (d) From an approved source; and (e) Generally recognized as safe (GRAS). SOURCE: Final Rulemaking published …

601 ADULTERATED FOOD 601.1 Adulterated food shall not be offered as food to human beings. 601.2 Adulterated food that is not for rework to ensure safety, wholesomeness, and proper labeling shall be: (a) Destroyed or diverted to non-food uses; and (b) When within a food processing…

602 IMPORTED MANUFACTURED OR PROCESSED FOOD 602.1 Manufacturers, processors, and packers that import food for human consumption into the District, or operators of storage facilities that hold food for human or animal consumption in the District shall be registered with the FDA in…

700 PRODUCTION AND PROCESS CONTROLS 700.1 Food shall be manufactured, processed, and packaged in accordance with this chapter. 700.2 Acidified foods shall be manufactured, processed, and packaged in a manner that prevents adulteration in accordance with 21 CFR 114.5 - Current goo…

701 RAW MATERIALS AND OTHER INGREDIENTS 701.1 General production and processing of raw materials and other food ingredients shall be conducted so as to meet the criteria referenced in 21 CFR 110.5 - Current good manufacturing practice. 701.2 The handling and storage of raw materi…

702 SHELL EGGS AND EGG PRODUCTS 702.1 All persons engaged in the business of transporting, shipping, receiving any eggs or egg products, or holding such articles so received, and all egg handlers, shall maintain records on a form provided by the Department showing the receipt, de…

703 FISH AND FISHERY PRODUCTS 703.1 Fish and fishery products shall be processed in accordance with the requirements referenced in 21 CFR Part 123 - Fish and Fishery Products, and subtitle H of this Code. SOURCE: Final Rulemaking published at 56 DCR 5245 (July 3, 2009). …

704 HACCP PLAN REQUIREMENTS 704.1 When a food processing operation is required under section 3002 to submit an HACCP Plan to the Department, the plan and specifications shall contain: (a) A flow diagram by specific food processing method identifying critical control points and pr…

800 PACKAGING FOOD - SUPERVISORY RESPONSIBILITIES 800.1 A certified supervisor shall ensure that food packaging is: (a) Designed and installed to maintain food safety and integrity; (b) Made from materials that: (1) Are safe; (2) Are appropriate for the intended use; (3) Will not…

801 PACKAGING FOOD - REQUIREMENTS 801.1 A food processing operation that packages food using a reduced oxygen packaging method, with Clostridium botulinum identified as the target organism for destruction in the final packaged form shall in addition to modifying the oxygen conten…

900 FOOD MANUFACTURING OPERATIONS - GENERAL PROVISIONS 900.1 Food manufacturing operations shall be conducted in accordance with 21 CFR 110.80 (b) - Processes and controls. 900.2 Food that can support the rapid growth of undesirable microorganisms, particularly those of public he…

901 FOOD MANUFACTURING OPERATIONS - ICE 901.1 When ice is used as an ingredient or in contact with food, it shall be made from water that is safe and meets the quality standards specified in section 1303. Ice shall be used only if it has been manufactured in accordance with this …

902 FOOD MANUFACTURING OPERATIONS - BOTTLED DRINKING WATER AND BEVERAGES 902.1 Bottled drinking water and beverages shall be processed in accordance with the criteria referenced in 21 CFR 129.1 - Current good manufacturing practice and 21 CFR 165.110 - Bottled water. 902.2 Bottle…

903 FOOD MANUFACTURING OPERATIONS - STORAGE AND TRANSPORATION - CONTROL OF CONTAMINATION 903.1 Storage and transportation of finished food shall be performed as stated in federal law, specifically 21 CFR 110.93 - Warehousing and distribution. 903.2 Potentially hazardous foods sha…

9900 GENERAL PROVISIONS 9900.1 The terms and phrases used in this title shall have the meanings set forth in this Chapter, unless the text or context of the particular chapter, section, subsection, or paragraph provides otherwise. SOURCE: Final Rulemaking published at 56 DCR 5245…

9901 DEFINITIONS Acid foods - foods that have a natural pH of four and six tenths (4.6) or below. Acidified foods - low-acid foods to which acid(s) or acid food(s) are added. Acidified foods include, but are not limited to beans, cucumbers, cabbage, artichokes, cauliflower, puddi…

100 TITLE ─ AQUATIC FACILITIES REGULATIONS: SWIMMING POOLS, SPA POOLS, AND SAUNAS 100.1 These provisions shall be known as the Aquatic Facilities Regulations: Swimming Pools, Spa Pools, and Saunas hereinafter referred to as “these regulations.” SOURCE: Final Rulemaking published …

101 INTENT – SAFETY 101.1 The purpose of these regulations is to prevent disease, sanitary nuisances, and accidents that threaten or impair the public’s health and safety, and to prevent any modifications that result in unsanitary operations or danger to public health or safety. …

102 COMPLIANCE WITH DISTRICT LAWS, FEDERAL LAWS, AND INDUSTRY STANDARDS/GUIDELINES 102.1 The most recent versions of District and federal laws and regulations or any successor standards are hereby incorporated by reference: (a) The Virginia Graeme Baker Pool and Spa Safety Act of…

1000 NOTICE OF INFRACTIONS 1000.1 The Department may impose civil infraction fines penalties for violations of any provision of these regulations pursuant to the Department of Consumer & Regulatory Affairs Civil Infractions Act of 1985, (Civil Infraction Act), effective October 5…

1001 CIVIL FINES AND PENALTIES 1001.1 Civil fines, penalties, or related costs may be imposed against any aquatic facility owner, or licensee for violation of any provision of this Regulation. SOURCE: Final Rulemaking published at 64 DCR 5359 (June 9, 2017). District of Columbia …

1002 JUDICIAL REVIEW ─ APPEALS 1002.1 Any person aggrieved by a final order or decision of the Department may seek judicial review in accordance with the Department of Health Functions Clarification Act of 2001, effective October 3, 2001, as amended (D.C. Law 14-28; D.C. Official…

GENERAL PROVISIONS ─ SWIMMING POOL SUPERVISION & POSTING REQUIREMENTS* 200.1 The licensee may employ the services of a swimming pool Management Company to fulfill the requirements of these regulations. 200.2 All licensees, pool and spa operators, lifeguards or swimming instructo…

201 GENERAL PROVISIONS ─ SWIMMING POOL ADMISSION RULES, SIGNS, & POSTINGS* 201.1 Rules for the admission of bathers to the swimming pool shall be enforced and shall have a heading or caption that reads “Pool Rules” printed legibly with letters that are three inches (3″) or larger…

202 GENERAL PROVISIONS ─ SPA POOL AND SAUNA ADMISSION RULES, SIGNS, & POSTINGS* 202.1 Rules for the admission to spa pools and saunas shall be enforced and shall have a heading or caption that reads “Spa pools and Saunas Rules” printed legibly with letters that are three inches (…

203 GENERAL PROVISIONS ─ AQUATIC FACILITIES, FOOD AND BEVERAGES CONSUMPTION, PROHIBITIONS* 203.1 The consumption of food or beverages is prohibited, except for areas specifically designated as eating areas that are separated from the swimming pool, spa pool, or sauna, as specifie…

300 POOL AND SPA OPERATOR ─ TRAINING AND CERTIFICATIONS, & DEPARTMENT ISSUED REGISTRATION CARD* 300.1 A pool and spa operator shall be on duty during all hours the aquatic facility is open to the public. 300.2 Individuals who maintain the cleanliness, water quality and chemical …

301 LIFEGUARDS ─ DUTIES* 301.1 Where required, lifeguards shall be on the deck and shall observe the pool whenever bathers are in the water or on the pool deck. 301.2 Lifeguards shall be properly attired and readily identifiable as members of the lifeguard staff. 301.3 Lifeguards…

302 LIFEGUARDS AND SWIMMING INSTRUCTORS ─ TRAINING AND CERTIFICATIONS* 302.1 Lifeguards and swimming instructors shall receive first aid training, including but not limited to: (a) Basic treatment of bleeding, shock, sudden illness, and muscular/skeletal injuries as per the guide…

303 LIFEGUARD REQUIREMENTS ─ SWIMMING POOL, RESTRICTED USE 303.1 Except as provided in Sections 303.2 and 305, a lifeguard shall not be required for a swimming pool that is: (a) Open for use only to persons who hold membership or other paid association in the facility where the p…

304 ADDITIONAL LIFEGUARD REQUIREMENTS ─ BATHER LOAD, POOL SIZE, VISUAL OBSTRUCTIONS, AND DIMENSIONS 304.1 Except as specified in Section 303, there shall be a minimum of one (1) lifeguard on duty capable of observing the swimming pool for every fifty (50) bathers permitted in the…

305 CHILD SAFETY PLAN 305.1 A swimming pool or spa that does not have a lifeguard on duty shall follow a Child Safety Plan that has been reviewed and approved by the Department during a preoperational inspection. 305.2 The Child Safety Plan shall contain the following information…

400 WATER QUALITY ─ APPROVED SOURCE* 400.1 The only approved system for pool water shall be potable water from the District of Columbia public water system. 400.2 Existing aquatic facilities shall have at least one (1) drinking fountain directly plumbed and maintained in good rep…

401 WATER QUALITY ─ STANDARDS, DRINKING WATER* 401.1 Potable water shall be used to supply water to all pools and shall meet the requirements of the applicable provisions of 40 CFR Part 141 – National Primary Drinking Water Regulations, and the District of Columbia drinking wate…

402 WATER QUALITY ─ STANDARDS, CLARITY, DEPTH MARKERS, AND TEMPERATURE* 402.1 The pool water shall be 0.5 or less NTU and the main drain grate shall be readily visible from the pool deck. 402.2 The water in an aquatic facility shall be sufficiently clear such that the bottom is v…

403 WATER QUALITY ─ STANDARDS, BACTERIOLOGICAL* 403.1 The pool water shall be free of coliform bacteria contamination. SOURCE: Final Rulemaking published at 64 DCR 5359 (June 9, 2017). District of Columbia Municipal Regulations Aquatic Facilities Regulations: Swimming Pools, Spa …

404 WATER QUALITY ─ STANDARDS, CHEMICAL QUALITY* 404.1 The Department may collect water samples and examine them as necessary to determine compliance with these regulations. 404.2 Chemicals used in controlling the quality of the pool water shall be tested and approved using the N…

405 WATER QUALITY ─ TEST KITS 405.1 Water quality test kits such as colorimetric, titrimetric, turbidimetric, or electronic are required to be on the premises of all swimming pools and spa pools to determine free active chlorine and total chlorine using N,N-Diethyl-p-Phenylenedia…

406 WATER QUALITY ─ CONTAMINATION 406.1 A swimming pool, spa pool, or sauna shall be deemed contaminated when one (1) of the following conditions exists: (a) More than one (1) ten milliliter (10 ml) portion of a sample shows a positive test for coliform organisms when multi-tube …

407 RECIRCULATION AND TREATMENT SYSTEM ─ CROSS-CONNECTION PREVENTION 407.1 An atmospheric break or approved back flow prevention device shall be provided in each pool water supply line that is connected to a public water supply. 407.2 Vacuum breakers shall be installed on all hos…

408 RECIRCULATION AND TREATMENT SYSTEM ─ SPA POOL AND SAUNA TURNOVER RATES, & PLUMBING SYSTEM* 408.1 The pool recirculation system shall be operated at all times when the pool is open for use. The recirculation system may be shut off three (3) hours after the pool closes and shal…

409 CIRCULATION SYSTEMS ─ PUBLIC SWIMMING POOLS, TURNOVER RATES* 409.1 Circulation systems for pools shall comply with Section 311 of the 2012 International Swimming Pool and Spa Code (ISPSC) and this section. 409.2 Circulation equipment shall be sized to turn over the entire wat…

410 CIRCULATION SYSTEM ─ AQUATIC RECREATION FACILITIES’ TURNOVER RATES, AND SKIMMING SYSTEMS* 410.1 A circulation system consisting of pumps, piping, return inlets and suction outlets, filters, and other necessary equipment shall be provided for complete circulation of water with…

411 WATER SUPPLY AND WASTEWATER DISPOSAL ─ CONTAMINANTS, REMOVAL 411.1 No direct mechanical connection shall be made between the potable water supply and the swimming pool or spa, chlorinating equipment, or the system of piping for the swimming pool or spa, unless it is protected…

412 REPORTING REQUIREMENTS ─ DAILY WATER QUALITY & SAFETY LOGS 412.1 Each swimming pool, spa pool, or sauna shall record the following information on a daily basis, unless otherwise required: (a) Name of each swimming pool or spa operator on duty; (b) Name of each lifeguard on du…