District of Columbia Administrative Code

6480 ADMINISTRATIVE REMEDIES - SUMMARY SUSPENSION OF LICENSE, CONDITIONS WARRANTING ACTION 6480.1 The Department may summarily suspend a license to operate a public swimming pool or spa facility, if it determines through an inspection, or examination of records or other means as …

6481 ADMINISTRATIVE REMEDIES - CONTENTS OF SUMMARY SUSPENSION NOTICE 6481.1 A summary suspension notice shall state: (a) That the license of a public swimming pool or spa facility is immediately suspended and that all operations shall immediately cease; (b) The reasons for summar…

6482 ADMINISTRATIVE REMEDIES - SUMMARY SUSPENSION, WARNING OR HEARING NOT REQUIRED 6482.1 The Department may summarily suspend a license as specified in section 6480 by providing written notice as specified in section 6470 of the summary suspension to the licensee, without prior …

6483 ADMINISTRATIVE REMEDIES - SUMMARY SUSPENSION, TIME FRAME FOR REINSPECTION 6483.1 After receiving a written request from the licensee stating that the conditions cited in the summary suspension order no longer exist, the Department shall conduct a reinspection of the swimming…

6484 ADMINISTRATIVE REMEDIES - SUMMARY SUSPENSION, TERM OF SUSPENSION, REINSTATEMENT 6484.1 A summary suspension shall remain in effect until the conditions cited in the notice of suspension no longer exist and the Department has confirmed, through re-inspection or other appropri…

6485 ADMINISTRATIVE REMEDIES - REVOCATION OR SUSPENSION OF LICENSE 6485.1 Failure to comply with any of the provisions of these regulations shall be grounds for the revocation or suspension of any license issued for a public swimming pool or spa pursuant to the Health Functions C…

6486 ADMINISTRATIVE REMEDIES - CIVIL PENALTIES 6486.1 Civil fines, penalties, or related costs may be imposed against any swimming pool or spa facility owner, or licensee for violation of any provision of this Regulation. SOURCE: Final Rulemaking published at 55 DCR 012845 (Decem…

6487 ADMINISTRATIVE REMEDIES - CIVIL PENALTIES, NOTICES OF VIOLATION OR INFRACTIONS 6487.1 The notice of violation shall state the nature of the violation and allow a reasonable time for performance of the necessary corrective action. 6487.2 If a person fails to comply with the t…

6488 ADMINISTRATIVE HEARINGS - NOTICE, REQUEST FOR HEARING, BASIS AND TIME FRAME 6488.1 A person who receives a notice of hearing for an administrative remedy as specified in this chapter and elects to respond to the notice shall file a response to the notice within seven (7) cal…

6489 ADMINISTRATIVE HEARINGS - CONTENTS OF RESPONSE TO HEARING NOTICE, OR HEARING REQUEST 6489.1 A response to a hearing notice shall be in writing and contain the following: (a) An admission or denial of each allegation of fact; (b) A statement as to whether the respondent waive…

6490 ADMINISTRATIVE HEARINGS - TIMELINESS 6490.1 The Department shall afford a hearing within seventy-two (72) business hours after receiving a written request for a hearing from: (a) A licensee or person who is subject to an a condemnation order as specified in sections 6473 to …

6491 JUDICIAL REVIEW - APPEALS 6491.1 Any person who contests a final order of the Mayor issued pursuant to these regulations, after exhaustion of all administrative remedies, is entitled to judicial review of the final order upon filing a written petition for review in the Distr…

6492 RESERVED SOURCE: Final Rulemaking published at 55 DCR 012845 (December 26, 2008). AUTHORITY: DC-DCMR Section 4902 of the Department of Health Functions Clarification Act of 2001 (“Act”) effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-731(a)(11) (2012 Repl. …

6493 RESERVED SOURCE: Final Rulemaking published at 55 DCR 012845 (December 26, 2008). AUTHORITY: DC-DCMR Section 4902 of the Department of Health Functions Clarification Act of 2001 (“Act”) effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-731(a)(11) (2012 Repl. …

6494 RESERVED SOURCE: Final Rulemaking published at 55 DCR 012845 (December 26, 2008). AUTHORITY: DC-DCMR Section 4902 of the Department of Health Functions Clarification Act of 2001 (“Act”) effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-731(a)(11) (2012 Repl. …

6495 RESERVED SOURCE: Final Rulemaking published at 55 DCR 012845 (December 26, 2008). AUTHORITY: DC-DCMR Section 4902 of the Department of Health Functions Clarification Act of 2001 (“Act”) effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-731(a)(11) (2012 Repl. …

6496 RESERVED SOURCE: Final Rulemaking published at 55 DCR 012845 (December 26, 2008). AUTHORITY: DC-DCMR Section 4902 of the Department of Health Functions Clarification Act of 2001 (“Act”) effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-731(a)(11) (2012 Repl. …

6497 RESERVED SOURCE: Final Rulemaking published at 55 DCR 012845 (December 26, 2008). AUTHORITY: DC-DCMR Section 4902 of the Department of Health Functions Clarification Act of 2001 (“Act”) effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-731(a)(11) (2012 Repl. …

6498 RESERVED - FEE AND SERVICE SCHEDULE SOURCE: Final Rulemaking published at 55 DCR 012845 (December 26, 2008). AUTHORITY: DC-DCMR Section 4902 of the Department of Health Functions Clarification Act of 2001 (“Act”) effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code …

6499 DEFINITIONS - GENERAL PROVISION, AND DEFINITIONS 6499.1 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. 6499.2 DEFINITIONS …

700 LICENSES, REGISTRATIONS, & CERTIFICATIONS, AND CERTIFICATE OF OCCUPANCY REQUIREMENTS* 700.1 No person shall own, operate, or manage a public swimming pool, spa pool, or sauna without a valid license issued by the Mayor. 700.2 No person shall own, operate, or manage a public s…

701 APPLICATION PROCEDURES FOR FACILITY LICENSE ─ FORM OF SUBMISSION, NOTICE 701.1 An applicant shall submit a written application for a swimming pool, spa pool, or sauna on a form provided by the Department. 701.2 An applicant shall submit an application to license a newly const…

702 APPLICATION PROCEDURES FOR FACILITY LICENSE ─ CONTENT OF THE APPLICATION PACKET 702.1 The Department shall not process an application for a new license, license renewal, or change in ownership or location where administrative actions are pending against the licensee of a new …

703 APPLICATION PROCEDURES – DENIAL OF FACILITY LICENSE, NOTICE 703.1 If an application for a new license or renewal 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 lic…

704 ISSUANCE OF POOL AND SPA OPERATORS’ REGISTRATION CARDS 704.1 To qualify for a Pool and Spa Operator’s Registration Card an applicant shall: (a) Complete a registration form provided by the Department of Health; (b) Submit proof of certifications specified in Section 300; and …

705 ISSUANCE OF FACILITY LICENSE ─ REQUIRED PLAN REVIEWS AND APPROVALS 705.1 The following plans and specifications for a swimming pool, spa pool, or sauna shall be submitted to the Department of Consumer & Regulatory Affairs for review and approval as specified in this section a…

706 ISSUANCE OF NEW AND RENEWAL FACILITY LICENSES ─ EXISTING FACILITY, NEW CONSTRUCTION, RENOVATION, AND RETROFITTING OF SWIMMING POOLS, SPA POOLS, OR SAUNAS FACILITIES 706.1 An applicant or licensee shall submit properly prepared plans and specifications to the Department of Hea…

707 ISSUANCE OF FACILITY LICENSE ─ EXISTING FACILITIES, AND CHANGE IN OWNERSHIP, OR LOCATION 707.1 The Department shall renew a license to a swimming pool, spa pool, or sauna facility after a properly completed application is submitted, reviewed and approved, applicable fees are …

708 REQUIRED POSTINGS 708.1 A public swimming pool, spa pool, or sauna shall provide notice to the Department of its intent to shut down permanently or temporarily at least thirty (30) calendar days before discontinuing operations. 708.2 All licenses, Certificate of Occupancy, ce…

709 LICENSES AND PERMITS NOT TRANSFERABLE 709.1 A facility license or permit to operate a swimming pool, spa pool, or sauna facility shall not be transferred from one person to another person, from one facility to another facility, or from one location to another location even if…

710 ACCESS & INSPECTIONS ─ DEPARTMENT’S RIGHT OF ENTRY, DENIAL, AND INSPECTORS’ COMPETENCY* 710.1 The Department shall determine an aquatic facility’s compliance with these regulations by conducting the inspections: (a) Preoperational and follow-up inspections, as necessary to ob…

711 REPORT OF FINDINGS ─ SPECIFYING TIME FRAME FOR CORRECTIONS 711.1 The Department shall specify on its inspection report the time frame for correction of violations as specified in Sections 717 and 719. SOURCE: Final Rulemaking published at 64 DCR 5359 (June 9, 2017). District …

712 REPORT OF FINDINGS ─ ISSUING REPORT AND OBTAINING ACKNOWLEDGMENT OF RECEIPT 712.1 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 acknowledgme…

713 REPORT OF FINDINGS ─ REFUSAL TO SIGN ACKNOWLEDGMENT 713.1 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 acknowle…

714 REPORT OF FINDINGS ─ PUBLIC INFORMATION, RECORDS RETENTION 714.1 The Department shall keep and maintain in-office as an active record a copy of each inspection report, complaint, inspector’s sample reports, license suspension, and other correspondence regarding a public swimm…

715 IMMINENT HEALTH HAZARDS ─ CEASING FACILITY OPERATIONS AND EMERGENCY REPORTING* 715.1 The Department shall summarily suspend operations, or, a licensee shall immediately discontinue operations and notify the Department, whenever a swimming pool, spa pool, or sauna facility is …

716 IMMINENT HEALTH HAZARD ─ RESUMPTION OF FACILITY OPERATIONS* 716.1 If the facility is closed as specified in Section 715, the licensee shall obtain approval from the Department as specified in Section 811 before resuming operations. SOURCE: Final Rulemaking published at 64 DCR…

717 CRITICAL VIOLATIONS ─ TIME FRAME FOR CORRECTION 717.1 A licensee shall, at the time of inspection, correct a critical violation of these regulations immediately, except as specified in Subsection 717.2. 717.2 The Department may consider the nature of the potential hazard invo…

718 CRITICAL VIOLATIONS ─ VERIFICATION AND DOCUMENTATION OF CORRECTION 718.1 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. 718.2 After …

719 NONCRITICAL VIOLATIONS ─ TIME FRAME FOR CORRECTION 719.1 The licensee shall correct noncritical violations by a date and time agreed to or specified by the Department but no later than fourteen (14) calendar days after the inspection, except as specified in Subsection 719.2. …

720 REQUEST FOR REINSPECTION 720.1 If a license is summarily suspended pursuant to Section 807 or suspended or revoked pursuant to Section 812 because of violations of this Regulation, the licensee shall submit to the Department a written request for reinspection. 720.2 Upon rece…

800 ADMINISTRATIVE ENFORCEMENT ACTION ─ REMEDIES 800.1 The Department may use one or more of the remedies listed in this chapter simultaneously to address a violation of this Regulation. SOURCE: Final Rulemaking published at 64 DCR 5359 (June 9, 2017). District of Columbia Munici…

801 ADMINISTRATIVE ENFORCEMENT ACTION ─ CONDEMNATION ORDER, JUSTIFYING CONDITIONS AND REMOVAL OF EQUIPMENT, CHEMICALS, OR OTHER OPERATIONAL SUPPLIES 801.1 A duly authorized agent of the Department may condemn and cause to be removed any equipment, chemicals, or other operational …

802 ADMINISTRATIVE ENFORCEMENT ACTION ─ CONDEMNATION ORDER, CONTENTS 802.1 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, spa pool, or sauna facility or…

803 ADMINISTRATIVE ENFORCEMENT ACTION ─ CONDEMNATION ORDER, OFFICIAL TAGGING OR MARKING OF EQUIPMENT, CHEMICALS, OR OTHER OPERATIONAL SUPPLIES 803.1 The Department of Health shall place a tag, label, or other appropriate marking to indicate the condemnation of equipment, chemical…

804 ADMINISTRATIVE ENFORCEMENT ACTION ─ CONDEMNATION ORDER, EQUIPMENT, CHEMICALS, OR OTHER OPERATIONAL SUPPLIES MAY NOT BE USED OR MOVED 804.1 Equipment, chemicals, or other operational supplies that are subject to a condemnation order may not be used, sold, moved, or otherwise d…

805 ADMINISTRATIVE ENFORCEMENT ACTION ─ CONDEMNATION ORDER, REMOVING THE OFFICIAL TAG OR MARKING 805.1 No person shall remove Department posted tags, labels, or other appropriate markings except under the direction of the Department as specified in Subsection 805.2. 805.2 The Dep…

806 ADMINISTRATIVE ENFORCEMENT ACTION ─ CONDEMNATION ORDER, WARNING OR INFORMAL CONFERENCE NOT REQUIRED 806.1 The Department may issue a condemnation order to a licensee without prior warning, or informal conference on the condemnation order. 806.2 A condemnation order shall be r…

807 ADMINISTRATIVE ENFORCEMENT ACTION ─ SUMMARY SUSPENSION OF LICENSE, CONDITIONS WARRANTING ACTION 807.1 The Department may summarily suspend a license to operate a swimming pool, spa pool, or sauna facility, when the Department is denied access to a facility in violation of Sec…

808 ADMINISTRATIVE ENFORCEMENT ACTION ─ CONTENTS OF SUMMARY SUSPENSION NOTICE 808.1 A summary suspension notice shall state: (a) That the license of a swimming pool, spa pool, or sauna facility is immediately suspended and that all operations shall immediately cease; (b) The reas…