Guam Administrative Code

§ 4422. Variances. (a) The Director of the Department may grant a variance to a requirement only if doing so will not endanger the health and welfare of the public and does not contradict the spirit and intent of these rules and regulations. (b) Any variance issued by the Directo…

§ 4423. Effective Date. These rules and regulations shall be effective upon enactment. At that time, all other rules and regulations or parts of other rules and regulations that conflict with these rules and regulations are repealed. The adoption of these rules and regulations sh…

§ 4424. Severability. If any provision or application of any provision of these regulations is held invalid, that invalidity shall not affect the other provisions or applications of these rules and regulations. 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF…

§ 4501. Purpose. The purpose of these rules and regulations is to govern the issuance of sanitary permits and the assessment of necessary fees for the operation of health-regulated establishments. 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EAL…

§ 4502. Authority. Section 20105 of Chapter 20 and § 21102 of Chapter 21 of Title 10, Guam Code Annotated, authorizes the Director of the Department of Public Health and Social Services to promulgate rules and regulations necessary to carry out the provisions of the law governing…

§ 4503. Title. These rules and regulations shall also be known and cited as the Sanitary Permit Rules and Regulations .

§ 4504. Definitions. As used in these rules and regulations: (a) Cosmetic Establishment shall mean any premise or portion thereof, wherein any of the following is practiced for compensation: (1) shaving, clipping, trimming, or cutting human hair; (2) singeing, shampooing, arrangi…

§ 4505. Sanitary Permit Applications for New and Renewal. (a) All applications for sanitary permits shall be in a form prescribed by the Director. (b) A non-refundable deposit of Thirty Dollars ($30.00) shall be made to the “Treasurer of Guam” at the time the application for a Sa…

§ 4506. Fees. Fees for the issuance of a Sanitary Permit shall be as follows: (a) Excluding TFSE, the Sanitary Permit fee for all health- regulated establishments shall be the following, which shall be pro-rated based on the annual renewal date of the permit: 26 G AR – P UBLIC H …

§ 4506.1. Notification of Fees Schedule. The Director shall ensure that notification is provided to all Sanitary Permit licensees relative to the cost for permit renewal 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H …

§ 4507. Administrative Penalty. (a) Any establishment, which had its Sanitary Permit suspended under the provision of or revoked shall be notified by the Director in writing of Title 10 GCA, Chapter 21, § 21109, is granted reinstatement by the Department as set out in Title 10 GC…

§ 4508. Suspension or Revocation of Sanitary Permit. (a) The Director may suspend or revoke any Sanitary Permit under the provisions of Title 10 GCA, Chapter 21, § 21107(2)(d) and 21109, or upon any violation by a health- regulated establishment or by any of its employees for any…

§ 4509. Hearing. (a) Any health-regulated establishment whose Sanitary Permit is to be suspended or revoked shall be notified by the Director in writing of the Department’s intention and the reasons therefore. (b) Any health-regulated establishment that receives a notice of viola…

§ 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. 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR O…

§ 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 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLIC H EALTH AND S ANITATION 11…

§ 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…