Chapter 4. Public Health and Sanitation

§ 4510. Suspension without Hearing. (a) In accordance to Title 10 GCA, Chapter 21, §§ 21107(d) and 21109(a) and (b), a Sanitary Permit may be suspended without prior hearing: (1) when the demerit score of the establishment is more than forty (40); (2) at the discretion of the Dir…

§ 4511. Effective Date. These rules and regulations shall become effective immediately upon enactment. SOURCE: Adopted pursuant to P.L. 31:041:3 (May 16, 2011). Amended and renamed pursuant to Chapter 9 of Title 5 GCA (Administrative Adjudication Law), effective Nov. 9, 2021.…

§ 4512. Severability. If any provision or application of any provision of these rules and regulations are held invalid, such invalidity shall not affect the other provisions or applications of these rules and regulations. SOURCE: Adopted pursuant to P.L. 31:041:3 (May 16, 2011). …

§ 4601. Purpose. The purpose of these rules and regulations is to repeal and replace existing rules and regulations of the Department of Public Health and Social Services that govern PUBLIC SWIMMING POOL sanitation for safeguarding public health and providing BATHERS a swimming e…

§ 4602. Authority. Title 10 Guam Code Annotated (GCA), Chapter 21, Section 21102 authorizes the DIRECTOR of the Department of Public Health and Social Services to establish rules and regulations to carry out the provisions of Chapter 29, Title 10 GCA.…

§ 4603. Title. These rules and regulations shall be known as the “Rules and Regulations for Public Swimming Pools.”

§ 4604. Definitions. (a) Agitated Water means a PUBLIC SWIMMING POOL with mechanical means to discharge, spray, or move the water's surface above and/or below the static water line of the PUBLIC SWIMMING POOL. Where there is no static water line, movement shall be considered abov…

§ 4605. Scope. These rules and regulations shall apply to all PUBLIC SWIMMING POOLS as defined herein, except private SWIMMING POOL maintained by an individual for the use of his family and friends. These rules and regulations shall apply to all auxiliary structures and equipment…

§ 4606. Sanitary Permit. (a) No PERSON shall directly or indirectly in any manner, conduct, control, manage, maintain, or operate a PUBLIC SWIMMING POOL unless a valid Sanitary Permit issued by the DEPARTMENT to operate such a facility has been obtained and posted. Any PERSON, be…

§ 4607. Public Swimming Pool Design Standards and Construction. (a) PUBLIC SWIMMING POOLS shall be constructed of reinforced concrete or impervious and structurally sound materials which provide a smooth, easily cleaned, watertight structure capable of withstanding the anticipate…

§ 4608. Water Supply. (a) The water supply serving the PUBLIC SWIMMING POOL and all PLUMBING FIXTURES including drinking fountains, handwashing sinks, and SHOWERS shall come from an approved public water system. 81 (b) The water supply shall have sufficient capacity to simultaneo…

§ 4609. Wastewater Disposal. (a) The sewer system shall be adequate to serve all PLUMBING FIXTURES in the facility including the SHOWERS, toilets, and related structures. (b) There shall be no physical connection between the sewer system and any drain from the PUBLIC SWIMMING POO…

§ 4610. Depth Markings and Lines. (a) Depth of water shall be plainly marked at or above the water surface on the vertical wall next to the PUBLIC SWIMMING POOL, at maximum and minimum depths, at the points of break between the deep and shallow portions, on both sides and at each…

§ 4611. Recirculation System. (a) A RECIRCULATION SYSTEM consisting of one or more pumps, pipes, return INLETS, suction outlets, tanks, filters, water conditioning and DISINFECTION equipment, and other accessory equipment shall be provided to ensure effective distribution of trea…

§ 4612. Inlets and Outlets. (a) Effective distribution of treated water shall be accomplished by either a continuous POS with integral INLETS or by means of directionally adjustable INLETS to facilitate circulation of the water and maintain a disinfectant residual as required by …

§ 4613. Perimeter Overflow Gutters. (a) PERIMETER OVERFLOW GUTTERS shall extend completely around the PUBLIC SWIMMING POOL, except at steps or recessed ladders. The overflow gutter may also serve as a step or a handhold, provided that the gutter is provided with a grating or cove…

§ 4614. Skimmers. (a) SKIMMERS are permitted on PUBLIC SWIMMING POOLS which are not more than thirty feet wide and not more than 1,600 square feet, provided an approved handhold is installed completely around the POOL. SKIMMERS shall be installed in each corner, or in the coves o…

§ 4615. Filter Requirements. (a) General (1) Filtration shall be required for all PUBLIC SWIMMING POOLS that recirculate water. (2) The filter shall be designed, constructed, and operated so that structural or functional failures will not permit passage of unfiltered water. (3) A…

§ 4616. Pool Access and Egress. (a) Each POOL shall have a minimum of two means of access and egress with the exception of WATERSLIDE LANDING POOLS, WATERSLIDE RUNOUTS, and WAVE POOLS. Acceptable means of access/egress shall include stairs/handrails, grab rails/RECESSED STEPS, la…

§ 4617. Decks and Walkways. (a) A continuous DECK with at least four feet of clearance from the POOL edge to fencing or other obstruction shall be provided to allow for QUALIFIED LIFEGUARD transit, roaming, or change of positioning to maximize viewing of the zone of BATHER survei…

§ 4618. Chemical Control. (a) DISINFECTION and pH control chemicals shall be automatically introduced through the RECIRCULATION SYSTEM. A chemical controller, as specified in this Section shall be provided and used for monitoring and control of disinfectant and pH feed equipment.…

§ 4619. Disinfection and Water Quality. (a) PUBLIC SWIMMING POOLS when in use shall be continuously disinfected by a chemical which imparts a residual effect. Only products that are EPA-registered for use as sanitizers or disinfectants in PUBLIC SWIMMING POOLS shall be permitted.…

§ 4620. Water Clarity. The water in a PUBLIC SWIMMING POOL shall be sufficiently clear such that the bottom is visible while the water is static. To make this observation, a four-inch by four-inch marker tile in contrasting color to the POOL floor or main suction outlet shall be …

§ 4621. Electrical Requirements. Nothing in these rules and regulations shall be construed as providing relief from any applicable requirements of the National Electrical Code (NEC) or other applicable code. (a) INDOOR SWIMMING POOLS and CHEMICAL STORAGE SPACES shall be considere…

§ 4622. Lighting Requirements. Lighting as described in this Section shall be provided for all outdoor PUBLIC SWIMMING POOLS open for use from 30 minutes before sunset to 30 minutes after sunrise, or during periods of natural illumination below the levels required in this Section…

§ 4623. Ventilation Requirements. All INDOOR SWIMMING POOLS, SHOWER facilities, dressing rooms, toilet spaces, CHEMICAL STORAGE SPACES, and mechanical rooms shall be adequately ventilated either by natural or mechanical means and shall comply with ASHRAE Standard 62.1 2013, Venti…

§ 4624. Theoretical Peak Occupancy. (a) The THEORETICAL PEAK OCCUPANCY for a PUBLIC SWIMMING POOL shall be used for designing systems that serve BATHERS and PATRONS, and shall incorporate non- water related areas such as DECKS and other adjacent portions of the PUBLIC SWIMMING PO…

§ 4625. Hygiene Facilities Requirements. (a) A PUBLIC SWIMMING POOL designed primarily for use by children less than five years of age shall have, at a minimum, a drinking fountain, toilet, SHOWER facilities, HANDWASHING STATION, and DIAPER-CHANGING STATION located no greater tha…

§ 4626. Bathing Suits, Caps, and Towels. Reusable bathing suits, caps, and towels furnished to PUBLIC SWIMMING POOL users by the management shall be laundered and/or cleaned, and SANITIZED after each usage. Adequate STORAGE shall be provided for storing clean suits, towels, and o…

§ 4627. Barriers and Enclosures. (a) All PUBLIC SWIMMING POOLS, CHEMICAL STORAGE SPACES, and mechanical spaces shall be enclosed to 111 prevent unauthorized entry. The ENCLOSURE may consist of any combination of building envelopes, site walls, or fencing and shall not be less tha…

§ 4628. Visitor and Spectator Areas. (a) When a spectator area or an access to a spectator area is located within the PUBLIC SWIMMING POOL ENCLOSURE, the DECK adjacent to the area or access shall provide egress width for the spectators in addition to the width required by § 4617.…

§ 4629. Cleaning and Maintenance. (a) The PUBLIC SWIMMING POOL wall, floor, walkway, and DECK floor shall be kept clean and free from accumulation of algae, mold, mildew, and/or slime. (b) Floating scum, sputum, and debris in the PUBLIC SWIMMING POOL shall be removed within twent…

§ 4630. Wading Pool. In addition to the general PUBLIC SWIMMING POOL requirements stated in these rules and regulations, WADING POOLS shall be separated from other POOLS by a BARRIER that meets the requirements of § 4627, unless the WADING POOL is separated by a distance of 15 fe…

§ 4631. Spas. In addition to the general PUBLIC SWIMMING POOL requirements stated in these rules and regulations, SPAS shall comply with the following provisions: (a) The maximum water depth in SPAS shall be four feet measured from the designed static water line except for SPAS t…

§ 4632. Water Slides. (a) The design engineer shall address compliance with the following STANDARDS and must provide documentation and/or certification that the WATERSLIDE design is in conformance with these STANDARDS: (1) ASTM F2376-13: Standard Practice for Classification, Desi…

§ 4633. Lazy Rivers. In addition to the general PUBLIC SWIMMING POOL requirements stated in these rules and regulations, LAZY RIVERS shall comply with the following additional provisions: 116 (a) Handrails, steps, stairs, and propulsion jets for LAZY RIVERS shall not protrude int…

§ 4634. Qualified Operator. (a) Every PUBLIC SWIMMING POOL shall be under the supervision of a QUALIFIED OPERATOR who shall assume the responsibility for compliance with all parts of these rules and regulations relating to POOL operation and maintenance and SAFETY of BATHERS. A Q…

§ 4635. Safety Requirements. (a) PUBLIC SWIMMING POOLS operated primarily for unorganized use and having an area of more than two thousand two hundred fifty square feet of water surface area, shall be provided with an elevated lifeguard platform or chair. In POOLS with four thous…

§ 4636. Lifesaving Equipment, First-Aid Kit. (a) PUBLIC SWIMMING POOLS whose depth exceeds two feet of standing water shall provide and maintain a U.S. Coast Guard-approved PUBLIC SWIMMING POOL rescue throwing device, with at least a quarter-inch thick rope whose length is 50 fee…

§ 4637. Qualified Lifeguards. (a) One or more QUALIFIED LIFEGUARDS shall be on duty at POOL side at all times when the PUBLIC SWIMMING POOL is open to use by BATHERS except at POOLS with less than 2,250 square feet of water surface. Such attendant should be in full charge of bath…

§ 4638. Supervision of Bathers. (a) POOL staff should encourage the following personal conduct regulations: 124 (1) All BATHERS shall be instructed to use the toilet, and particularly to urinate, before taking a cleansing bath and entering the POOL; (2) All PERSONS using the PUBL…

§ 4639. Injury and Illness Incident Reporting. A full report of any injury or illness incident occurring at a PUBLIC SWIMMING POOL shall be reported by the POOL owner/operator to the DEPARTMENT within 24 hours of its occurrence, and a notation recorded in a log book. This shall i…

§ 4640. Water Contamination Response. (a) In the event of a fecal or vomit contamination in a PUBLIC SWIMMING POOL, the QUALIFIED OPERATOR shall immediately close the PUBLIC SWIMMING POOL to BATHERS until remediation procedures are complete. This closure shall include the affecte…

§ 4641. Inspection and Grading. (a) Access. 128 An employee or representative of the DEPARTMENT shall, after proper presentation of credentials, have access to any PUBLIC SWIMMING POOL at any reasonable time for the purpose of making inspections to determine compliance with these…

§ 4642. Closure of Public Swimming Pool. (a) Except as specified in (b) of this Section, an operator shall immediately discontinue operations and notify the DEPARTMENT if an IMMINENT HEALTH HAZARD may exist because of an emergency such as a fire, flood, extended interruption of e…

§ 4643. Variance. (a) The DIRECTOR may, on written application and after review, grant a VARIANCE from a specific provision of these 133 rules and regulations, subject to appropriate conditions which shall include a time schedule for compliance when such VARIANCE is in harmony wi…

§ 4644. Exemption. A PUBLIC SWIMMING POOL is exempt from the provisions relating to BARRIERS and ENCLOSURES under § 4627 and § 4630 when all of the following alternative SAFETY measures are in place: (1) 24-hour manned security; (2) monitored video surveillance of the entire peri…

§ 4645. Severability. If any provision or the application of any provision of these rules and regulations is held invalid, that invalidity shall not affect other provisions or applications of these rules and regulations. ------- 135 ARTICLE 7 SCHOOL SANITATION SOURCE: Original ru…

§ 4701. Purpose. The purpose of these rules and regulations is to protect and promote the health and safety of all employees and students in schools on Guam.

§ 4702. Authority. Title 10 Guam Code Annotated, Chapter 21, Section 21102 authorizes the Director of the Department of Public Health and Social Services to establish rules and regulations to carry out the provisions of Chapter 25, Title 10 Guam Code Annotated.…