Title 10, Health and Safety

The provisions of this Chapter shall apply to any public swimming pool and to all supportive structures and equipment necessary or required for the operation of the public swimming pool. These structures and equipment shall include, but not limited to, plumbing fixtures, filtrati…

The provisions of this Chapter shall not apply to a private residential swimming pool. SOURCE: GC § 9590.2.

The Director shall adopt rules and regulations regarding the construction, operation and maintenance of public swimming pools. These rules and regulations shall assure that the public swimming pools are constructed, operated and maintained in the interest of the health and safety…

No person shall construct, reconstruct or alter any public swimming pool without first obtaining a permit from the Department. To apply for a construction permit, the applicant must submit complete, detailed plans of the swimming pool, supportive structures and equipment, specifi…

No public swimming pool constructed under permit of the Department shall be placed into operation until the Director has approved the final con- struction and a sanitary permit is issued for it. SOURCE: GC § 9590.5.

The Director may establish fees for sanitary permits and construction permits by regulation and collect such fees. SOURCE: GC § 9590.6.

Every public swimming pool shall display in a conspicuous place designated by the Director, the sanitary permit issued to it showing thereon the latest date of inspection. No person other than the Director shall remove, deface, destroy or conceal such sanitary permit. SOURCE: GC …

The Director shall order a public swimming pool to immediately close down whenever he finds that the pool or its operation jeopardizes the health and safety of the people. Additionally, the public swimming pool shall be closed for any of the following conditions: (a) It is declar…

Whenever a public swimming pool is closed by the Director, the pool owner shall notify the Director when the pool is ready for reinspection. The Director shall inspect the pool within twenty-four (24) hours after the request for inspection, excluding weekends and legal holidays. …

When a public swimming pool is closed by the Director, he shall post a notice easily visible to the public stating that the pool is closed by order of the Director and that swimming is prohibited. SOURCE: GC § 9590.10.

Any person who removes a notice of closure posted by the Director, except with the express written consent of the Director, is guilty of a misdemeanor. SOURCE: GC § 9590.11.

The owner or operator of any public swimming pool shall keep a daily log of pool operations including disinfection residuals, PH, maintenance and any other operation and maintenance procedures required in the rules and regulations. SOURCE: GC § 9590.12. ---------- COL120106 COL12…

It shall be unlawful to establish a cemetery, crypt, mausoleum, vault or crematory without the prior written approval of the Director of the location, plans and specifications. SOURCE: GC § 9601

Any person desiring to establish or purchase a cemetery, crypt, mauso- leum, vault or crematory shall make application for approval to the Director, submitting a complete set of plans with full description of the grounds, plots, buildings, roads, water supply and sewage disposal.…

Every person in charge of any crypt, cemetery, mausoleum, vault or crematory shall keep a complete record of all dead human bodies interred, disinterred, removed or cremated. He shall keep an adequate map or plot record of all locations in which bodies have been buried, which wil…

Exhuming or disinterment shall be prohibited except with approval of the Director. SOURCE: GC § 9601.3

All cemeteries shall be closed and locked at the hour designated by the Director. SOURCE: GC § 9601.4

Only one (1) body shall be buried in each grave, except that with the approval of the Director, family members may be interred and companion concrete or steel lawn crypts, as defined by the Director, may be used for the burial of more than one (1) body in each grave. SOURCE: GC §…

Graves shall be not less than six (6) feet in depth below the surface level of the adjoining ground and shall be not less than one (1) foot larger in width and length than the coffin; provided, however, that where concrete or steel vaults are used to contain the body, the grave s…

The Governor is authorized to set aside from public lands such amount thereof as he may deem necessary for the establishment of a public cemetery. Any such cemetery so established shall be under the cognizance of the Department of Parks and Recreation. SOURCE: GC § 9601.7. ------…

As used in this Article: (a) Mortuary means any place used for such activities as are incident, convenient or related to the preparation and arrangements for the funeral, transportation, burial, cremation or other disposition of dead human bodies; (b) Mortician means any person e…

A mortician or embalmer shall immediately report to the Director a case on which such mortician or embalmer may be called where the deceased person died from or while having any communicable disease. SOURCE: GC § 9602.1.

COL120106 All unembalmed dead human bodies shall be buried or cremated within twenty-four (24) hours after death unless kept under refrigeration in the custody of the Director or as may be authorized by the Director. SOURCE: GC § 9602.2.

No person shall transport any dead human body of any person who died from or while having any communicable disease as specified in Chapter 4, Division 1 of this Title, within Guam, including from one (1) house, building or other structure to another house, without a permit from t…

No dead human body shall be transported into or from the territory of Guam without a permit unless it has been embalmed and is in a sound casket. SOURCE: GC § 9602.4.

Notwithstanding the provisions of '§ 30204 and 30205, the transportation into, from or within Guam of bodies of persons who have died from plague, smallpox, Asiatic cholera, yellow fever, typhus fever, typhoid fever or anthrax is prohibited without a permit from the Director and …

When any mortuary is constructed or extensively remodeled or when an existing structure is converted for use as a mortuary, then the owner or person in charge or control should comply with the provisions of '21102 of this Part regulations promulgated there under. SOURCE: GC § 960…

It is the policy of the territory of Guam in furtherance of its responsibility to protect the public health and safety: (a) To institute and maintain a regulatory program for sources of radiation so as to provide for: (1) compatibility with standards and regulatory programs of th…

As used in this Chapter: (a) Radioactive material means any material, solid, liquid or gas, which emits ionizing radiation spontaneously; (b) Ionizing radiation means gamma rays and x-rays, beta particles, alpha particles and high-speed nuclear particles; COL120106 (c) Source of …

(a) The Governor may enter into agreements with the Federal government whereby the Department shall perform for or on a cooperative basis with the Federal government inspections, seizures, environmental monitoring or other functions relating to control of sources of radiation, in…

(a) The Department is designated as the radiation control agency for Guam and shall coordinate radiation control programs of government of Guam agencies acting within their statutory authorities. (b) Pursuant to rules promulgated under this Chapter, the Department shall require l…

When the Director finds that an emergency exists requiring immediate action to protect occupational or public health and safety, he may issue an order, without notice or hearing, citing the existence of the emergency and providing for the protection of public health and safety. N…

(a) The Director may enter, at all reasonable times, upon any private or public property, upon which sources of ionizing radiation are reasonably believed to be located, with the permission of the owner or custodian thereof, to determine if there is compliance with or violation o…

The Department shall operate and collect data from environmental monitoring systems in the environs of facilities which emit or could emit significant quantities of radioactive material effluent to measure the effect COL120106 on public health and safety. The Department shall rec…

(a) The Director shall promulgate rules and regulations providing for general or specific license or registration, or exemption therefrom, for radio- active materials and other sources of ionizing radiation. Such rules and regulations shall also provide for amendment, suspension …

If, after thorough investigation by the Department, it is the judgment of the Department that a person has engaged in or is about to engage in any acts or practice which constitute a violation of this Chapter or any rules and regulations, the Attorney General, at the request of t…

(a) A person shall not manufacture, produce, transport, transfer, dispose of, acquire, own, possess or use any radioactive material or other source of ionizing radiation unless license, registered or exempted by the Department. (b) A person who violates this Section is guilty of …

This Chapter shall not apply to the following sources or conditions, except as noted: (a) Electrical or other equipment or material that is not intended primarily to produce radiation and that, by nature of design, does not COL120106 produce radiation at the point of nearest appr…

As used in this Chapter: (a) Commerce means any and all commerce within the territory of Guam and subject to the jurisdiction thereof and includes the operation of any business or service establishment; (b) Hazardous substance means (1)(A) any substance or mixture of substances w…

Exemptions; Judicial Review of Determinations. (a) Whenever in the judgment of the Director such action will promote the objectives of this Chapter by avoiding or resolving uncertainty as to its application, the Director may, by regulation, declare to be a hazardous substance for…

(a) The following acts and the causing thereof are prohibited: (1) The manufacture, production, preparation, compounding, packing, selling, offering for sale or keeping for sale within the territory of Guam, or the introduction into this Territory from any other state, territory …

(a) Any person who violates any of the provisions of § 32103(a) shall be guilty of a misdemeanor; but for offenses committed with intent to defraud or mislead, or for second and subsequent offenses, the person shall be guilty of a third degree felony. (b) No person shall be subje…

The Director may apply to the Superior Court for, and such Court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of § 32103(a), irrespective of whether or not there exists a…

(a) Whenever the Director finds or has probable cause to believe that any hazardous household substance is misbranded or is a banned hazardous substance, he shall affix to such article a tag or other appropriate marking giving notice that such article is or is suspected of being …

The Attorney General shall, upon referral by the Director, prosecute a violation of this Chapter. Before any violation of this Chapter is reported to the Territorial Prosecutor, the alleged offender shall be given appropriate notice and a hearing before the Director, either orall…

(a) The Director shall adopt and promulgate regulations under this Chapter in conformance with the regulations established pursuant to the Federal Hazardous Substances Act. Such regulations adopted and promulgated by the Director shall not conflict with those regulations adopted …