District of Columbia Administrative Code

6430 PLUMBING SYSTEM - EQUIPMENT, DESIGN, CONSTRUCTION, AND INSTALLATION AND CLEANABLE FIXTURES* 6430.1 A plumbing system and hoses conveying water shall be designed, constructed, installed and repaired with approved materials according to the ICC International Plumbing Code/2000…

6431 PLUMBING SYSTEM - HANDWASHING SINKS, WATER TEMPERATURE, AND FLOW 6431.1 All handwashing sinks, including those in toilet rooms, shall be equipped to provide water at a temperature of at least one hundred and ten degrees Fahrenheit (110°F) (forty-three degrees Centigrade (43°…

6432 PLUMBING SYSTEM - CLEANING OF PLUMBING FIXTURES 6432.1 Plumbing fixtures such as handwashing sinks, toilets, and urinals shall be cleaned as often as necessary to keep them clean and well-maintained. SOURCE: Final Rulemaking published at 55 DCR 012845 (December 26, 2008). AU…

6433 DRESSING AND SANITARY FACILITIES - WALL, FLOOR COVERINGS, CLEANABILITY* 6433.1 Sanitary facility floors shall be constructed of concrete or other nonabsorbent materials with a smooth, slip-resistant surface to insure thorough cleaning. 6433.2 Carpets, duckboards and footbath…

6434 DRESSING AND SANITARY FACILITIES - NUMBERS, AND ACCESSIBILITY* 6434.1 Dressing and sanitary facilities shall be provided at all swimming pools. 6434.2 Section 6434.1 does not apply to swimming pools at hotels, motels, condominiums, and apartments where the: (a) Pool's use is…

6435 DRESSING AND SANITARY FACILITIES - SUPPLIES, RECEPTACLE, AND AVAILABILITY 6435.1 Toilet paper holders with a supply of toilet paper shall be provided at each toilet. 6435.2 Sanitary facilities shall be maintained in a clean and sanitary condition and sanitary supplies such a…

6436 DRESSING AND SANITARY FACILITIES - SHOWER FACILITIES, NUMBERS, AND WATER TEMPERATURE* 6436.1 A swimming pool or spa shall have at a minimum the following number of shower facilities: (a) One (1) shower for female bathers; (b) One (1) shower for male bathers; and (c) A minimu…

6437 PHYSICAL FACILITIES - EQUIPMENT, CHEMICAL SUPPLIES, USE, LABELING, AND ACCESS* 6437.1 Filter and pump rooms shall be kept clean and reasonably dry at all times. 6437.2 Controls, valves, and gauges shall be accessible and shall not be blocked by extraneous materials. Valves a…

6438 PHYSICAL FACILITIES - CHEMICALS, STORAGE* 6438.1 Chemicals shall be labeled and stored in a cool, dry, and well ventilated area under a roof and the area shall be inaccessible to the public. 6438.2 Chemicals which emit corrosive fumes shall not be stored in the equipment roo…

6439 PHYSICAL FACILITIES - EFFECTIVE BARRIERS, FENCES* 6439.1 All outdoor swimming pools and spa pools shall be surrounded by a minimum seventy-two inch (72 in.) high fence or other substantial barrier approved by the Department. 6439.2 The fence shall be continuous around the pe…

6440 PHYSICAL FACILITIES - CONTROLLING PESTS* 6440.1 The presence of insects, rodents, and other pests shall be controlled to minimize their presence on the premises by: (a) Routinely inspecting the premises for evidence of pests; N (b) Using methods, if pests are found, such as …

6441 PHYSICAL FACILITIES - REMOVING DEAD OR TRAPPED BIRDS, INSECTS, RODENTS, AND OTHER PESTS 6441.1 Dead or trapped birds, insects, rodents, and other pests shall be removed from control devices and the premises at a frequency that prevents their accumulation, decomposition or th…

6442 FACILITY AND OPERATING PLANS - WHEN REQUIRED 6442.1 An applicant or licensee shall submit to the Department of Health for review and approval properly prepared plans and specifications before: (a) Opening a new swimming pool or spa; (b) Beginning construction of a swimming p…

6443 FACILITY AND OPERATING PLANS - CONTENTS AND SPECIFICATIONS 6443.1 The following plans and specifications for a swimming pool or spa shall be submitted to the Department of Consumer & Regulatory Affairs for review and approval as specified in section 6442.5: (a) Proposed layo…

6444 CONSTRUCTION, INSPECTION, AND APPROVAL - PREOPERATIONAL INSPECTIONS 6444.1 The Department shall conduct one (1) or more preoperational inspections to verify that the swimming pool or spa is constructed and equipped in accordance with approved plans or approved modifications …

6445 LICENSE/PERMIT REQUIREMENTS - PREREQUISITE FOR OPERATING* 6445.1 No person shall own, operate, or manage a swimming pool or spa pool without a valid license issued by the Department. 6445.2 No person shall serve as a swimming pool and spa operator without a valid swimming po…

6446 APPLICATION PROCEDURE - PERIOD FOR SUBMISSION 6446.1 To qualify for a swimming pool and spa operator's permit an applicant shall: (a) Complete an application form, provided by the Department of Health; (b) Submit proof of certifications specified in section 6405; and (c) Pay…

6447 APPLICATION PROCEDURE - FORM OF SUBMISSION 6447.1 An applicant shall submit an application for a license to operate a public swimming pool or spa at least thirty (30) calendar days before the opening date of the swimming pool or spa, or before the expiration date of the curr…

6448 APPLICATION PROCEDURE - CONTENTS OF THE APPLICATION 6448.1 The application for a public swimming pool or spa license shall include the name, address, and signature of the applicant, and the following information: (a) Name, mailing address and telephone number of the owner of…

6449 ISSUANCE OF LICENSE, CERTIFICATION - NOTICE OF OPENING, DISCONTINUANCE OF OPERATION, AND POSTING 6449.1 A public swimming pool or spa facility shall provide notice to the Department of its intent to operate at least thirty (30) calendar days before beginning operations. 6449…

6450 ISSUANCE OF LICENSE, CERTIFICATION - NEW, RENOVATED, OR RETROFIT SWIMMING POOL OR SPA FACILITY 6450.1 The Department shall issue a license for a swimming pool and spa to an applicant after: (a) A properly completed application is submitted; (b) The required fees are submitte…

6451 ISSUANCE OF LICENSE, CERTIFICATION - EXISTING FACILITIES, AND CHANGE OF OWNERSHIP OR LOCATION 6451.1 The Department shall renew a license to a swimming pool or spa facility after a properly completed application is submitted, reviewed and approved, applicable fees are paid, …

6452 ISSUANCE - DENIAL OF APPLICATION FOR LICENSE, NOTICE 6452.1 If an application for a license or a renewal of a license is denied, the Department shall provide the applicant with written notice that includes: (a) The specific reasons and legal authority for denial of the licen…

6453 CONDITIONS OF RETENTION - RESPONSIBILITIES OF THE LICENSEE 6453.1 Upon receipt of a license issued by the Department, the licensee, in order to retain the license, shall comply with this section. 6453.2 The licensee shall post the license and current inspection results in a …

6454 CONDITIONS OF RETENTION - LICENSE, PERMIT NOT TRANSFERABLE 6454.1 A license or permit to operate a swimming pool or spa facility shall not be transferred from one person to another person, from one facility to another facility, or from one location to another location that i…

6455 INSPECTION - DEPARTMENT RIGHT OF ENTRY, DENIAL* 6455.1 After representatives of the Department present official credentials and provide notice of the purpose and intent to conduct an inspection in accordance with these regulations, the applicant, or licensee, swimming pool a…

6456 INSPECTION - FREQUENCY 6456.1 The Department shall inspect a public swimming pool and spa based on a written risk-based inspection schedule that is uniformly applied throughout the District. SOURCE: Final Rulemaking published at 55 DCR 012845 (December 26, 2008). AUTHORITY: …

6457 INSPECTION - FREQUENCY, PERFORMANCE FACTORS 6457.1 Within the parameters specified in section 6456, the Department of Health shall prioritize and conduct more frequent inspections based upon its assessment of a swimming pool or spa facility's history of compliance with these…

6458 REPORT OF FINDINGS - DOCUMENTING INFORMATION AND OBSERVATIONS 6458.1 The Department shall document on its inspection report form: (a) Administrative information about the swimming pool or spa facility's legal identity, street and mailing addresses, type of facility, inspecti…

6459 REPORT OF FINDINGS - SPECIFYING TIME FRAME FOR CORRECTIONS 6459.1 The Department shall specify on its inspection report form the time frame for correction of violations as specified in sections 6465 and 6467. SOURCE: Final Rulemaking published at 55 DCR 012845 (December 26, …

6460 REPORT OF FINDINGS - ISSUING REPORT AND OBTAINING ACKNOWLEDGMENT OF RECEIPT 6460.1 At the conclusion of an inspection, the Department shall provide a copy of its completed inspection report and the notice to correct violations to the licensee, and request a signed acknowledg…

6461 REPORT OF FINDINGS - REFUSAL TO SIGN ACKNOWLEDGMENT 6461.1 The Department shall inform a person who declines to sign an acknowledgment of receipt of inspection findings that: (a) An acknowledgment of receipt is not an agreement with the finding; (b) Refusal to sign an acknow…

6462 DEPARTMENT RECORDS REQUIREMENTS - RECORDS, RETENTION 6462.1 The Department shall keep and maintain a record of each inspection made of any public swimming pool or spa facility within the District for a period of three (3) years. 6462.2 The Department shall maintain annual re…

6463 IMMINENT HEALTH HAZARD - CEASING OPERATIONS AND EMERGENCY REPORTING* 6463.1 A licensee shall immediately discontinue operations and notify the Department whenever any of the following conditions occur: (a) The disinfectant level is below the minimum or above the maximum in v…

6464 IMMINENT HEALTH HAZARD - RESUMPTION OF OPERATIONS 6464.1 If the facility is closed as specified in section 6463, the licensee shall obtain approval from the Department as specified in section 6484 before resuming operations. SOURCE: Final Rulemaking published at 55 DCR 01284…

6465 CRITICAL VIOLATION - TIME FRAME FOR CORRECTION 6465.1 A licensee shall, at the time of inspection, correct a critical violation of these regulations immediately, except as specified in section 6465.2. 6465.2 The Department may consider the nature of the potential hazard invo…

6466 CRITICAL VIOLATION - VERIFICATION AND DOCUMENTATION OF CORRECTION 6466.1 After observing at the time of inspection a correction of a critical violation, the Department shall enter the violation and information about the corrective action on its inspection report. 6466.2 Afte…

6467 NONCRITICAL VIOLATION - TIME FRAME FOR CORRECTION 6467.1 The licensee shall correct noncritical violations by a date and time agreed to or specified by the Department but no later than thirty (30) business days after the inspection, except as specified in section 6467.2. 646…

6468 REQUEST FOR REINSPECTION 6468.1 If a license is summarily suspended pursuant to section 6480 or suspended or revoked pursuant to 6485 because of violations of this Regulation, the licensee shall submit to the Department a written request for reinspection. 6468.2 Upon receipt…

6469 SERVICE OF NOTICE - PROPER METHODS 6469.1 A notice issued in accordance with these regulations shall be deemed properly served if it is served by one of the following methods: (a) The notice is personally served by the Department, a law enforcement officer, or person authori…

6470 SERVICE OF NOTICE CONDEMNATION, OR SUMMARY SUSPENSION ORDERS 6470.1 A condemnation order or summary suspension order shall be: (a) Served as specified in section 6469.1(a); or (b) Clearly posted by the Department at a public entrance to the swimming pool or spa facility and …

6471 SERVICE OF NOTICE - WHEN NOTICE IS EFFECTIVE 6471.1 Service is effective at the time of the notice's receipt or if service is made as specified in section 6470.1(b), at the time of the notice's posting. SOURCE: Final Rulemaking published at 55 DCR 012845 (December 26, 2008).…

6472 SERVICE OF NOTICE - PROOF OF PROPER SERVICE 6472.1 Proof of proper service may be made by certificate of service signed by the person making service or by admission of a return receipt, certificate of mailing, or a written acknowledgment signed by the licensee or the person …

6473 ENFORCEMENT ACTION - CONDITIONS WARRANTING REMEDY 6473.1 The Department may seek an administrative or judicial remedy to achieve compliance with the provisions of these regulations if a licensee or person operating a public swimming pool or spa, or employee: (a) Fails to hav…

6474 ADMINISTRATIVE REMEDIES - CONDEMNATION ORDER, JUSTIFYING CONDITIONS AND REMOVAL OF EQUIPMENT, CHEMICALS, OR OTHER OPERATIONAL SUPPLIES 6474.1 The Department may condemn and cause to be removed any equipment, chemicals, or other operational supplies found in a swimming pool o…

6475 ADMINISTRATIVE REMEDIES - CONDEMNATION ORDER, CONTENTS 6475.1 The condemnation order shall: (a) State that the equipment, chemicals, or other operational supplies subject to the order may not be used, sold, moved from the swimming pool or spa facility or destroyed without a …

6476 ADMINISTRATIVE REMEDIES - CONDEMNATION ORDER, OFFICIAL TAGGING OR MARKING OF EQUIPMENT, CHEMICALS, OR OTHER OPERATIONAL SUPPLIES 6476.1 The Department of Health shall place a tag, label, or other appropriate marking to indicate the condemnation of equipment, chemicals, or ot…

6477 ADMINISTRATIVE REMEDIES - CONDEMNATION ORDER, EQUIPMENT, CHEMICALS, OR OTHER OPERATIONAL SUPPLIES MAY NOT BE USED OR MOVED 6477.1 Equipment, chemicals, or other operational supplies that are subject to a condemnation order may not be used, sold, moved, or otherwise destroyed…

6478 ADMINISTRATIVE REMEDIES - CONDEMNATION ORDER, REMOVING THE OFFICIAL TAG OR MARKING 6478.1 No person shall remove the tag, label, or other appropriate marking except under the direction of the Department as specified in section 6478.2. 6478.2 The Department of Health shall is…

6479 ADMINISTRATIVE REMEDIES - CONDEMNATION ORDER, WARNING OR HEARING NOT REQUIRED 6479.1 The Department may issue a condemnation order to a licensee or to a person who owns or controls the equipment, chemicals, or other operational supplies as specified in section 6470, without …