Hawaii Administrative Code

(a) Water supply: (1) The water supply serving a public freshwater swimming pool shall meet the requirement of chapter 11-20, Rules Relating to Potable Water Systems, except that the director may approve the use of water from natural sources. (2) Where both potable and nonpotable…

(a) Water quality: (1) The water shall have sufficient clarity at all times so that a disc which is six inches in diameter and of a color of high contrast to the color of the public saltwater specialty swimming pool bottom can be seen from outside the pool when placed on the bott…

(a) Overflow water of a public swimming pool, not including open systems, shall be returned to the filter system: (1) Backwash water may be discharged into a sanitary sewer through an approved air gap, or into an approved subsurface disposal system, or separation tank, or by othe…

(a) Visible scum, dirt, silt, or organic matter in the public swimming pool shall be removed within twenty-four hours by flushing or other effective means. (b) Surfaces in the locker rooms, bathrooms, and public swimming pool walls, bottom and deck must be easy to clean and scrub…

(a) Dressing and sanitary facilities shall be provided and maintained at every public swimming pool. The requirements relating to bathhouses, dressing rooms, toilet facilities, and showers may be waived for hotels, apartments, condominiums, motels, multiple housing units, and oth…

Whenever used in these rules, unless the context otherwise requires, the word: "Beach venue" means any swimming area created by the enclosure or alteration of natural shoreline and having a beach area. "Closed system" means a saltwater swimming pool that does not exchange its wat…

Minimum sanitary facilities shall be provided as follows: (1) The minimum criteria for bathhouse facilities shall be based upon the total capacity of bathers. Facilities for either sex shall be based upon a ratio of fifty per cent of the total number of bathers being male and fif…

(a) The operator shall record, on a daily basis, the following information as it pertains to the particular public swimming pool: (1) Water clarity; (2) Operating periods of recirculation pumps and filters and corresponding rate of flow meter readings; (3) Amounts of chemicals in…

(a) The operator of a public swimming pool shall enforce the following rules and list them on a placard posted either at the public swimming pool or in the dressing rooms: (1) All persons using the public swimming pool shall take a cleansing shower bath before entering the public…

Should any section, paragraph, phrase, or provision of this chapter be declared unconstitutional or invalid for any reason, the remainder or any other application of this chapter shall not be affected. Notes Haw. Code R. § 11-10-23 [Eff JUL 15 2002] [Auth: HRS §§ 321-10, 321-11] …

Notes Haw. Code R. §§ 11-10-24 to 11-10-29

(a) All plans and specifications of a proposed public swimming pool or renovation of a public swimming pool, with supporting data, shall be prepared by or under the direct supervision of an architect or engineer licensed to practice in this State, and shall be submitted to the di…

(a) No person shall operate or maintain a public swimming pool unless a permit to operate has been obtained from the department. The permit shall be valid for five years unless revoked or suspended for cause. (b) Any person desiring to operate or maintain a public swimming pool s…

(a) The director may deny, revoke, or suspend a permit for failure to comply with this chapter and/or for knowingly or willfully making any false statements to the department relative to any matter under this chapter. (b) The applicant or permit holder shall be notified in writin…

(a) Every application for a variance shall be made on forms furnished by the department. The applicant shall submit sufficient information to enable the director to make a decision on the request for variance. (1) The director shall not act upon or consider any incomplete applica…

Any person who violates any provision of this chapter shall be subject to penalties specified in sections 321-18 and 321-20, HRS. Notes Haw. Code R. § 11-10-7 [Eff JUL 15 2002] [Auth: HRS §§ 321-10, 321-11] [Imp: HRS § 321-11]

Notes Haw. Code R. §§ 11-10-8 to 11-10-13

Notes Haw. Code R. §§ 11-100-1 to 11-100-49 SEP 18 2006

This chapter establishes minimum standards and requirements for the licensure of adult residential care homes (ARCH) and expanded ARCHs in order to protect the health, safety, welfare and civil rights of the residents residing in the ARCH and expanded ARCH. Services shall be prov…

(a) Type I ARCHs shall admit residents requiring care as stated in section 11-100.1-2. The level of care needed by the resident shall be determined and documented by that resident's physician or APRN prior to admission. Information as to each resident's level of care shall 'be ob…

The licensee shall provide personal care, shelter, protection, supervision, assistance, guidance or training, planned activities, food service, laundering of personal clothing, recognition of and provision for changes in health status, and arrangement for transportation to medica…

(a) The licensee shall maintain written procedures to follow in an emergency which shall include provisions for the following: (1) Arranging for immediate transfer or evaluation by a physician for any resident who becomes acutely ill, injured, or dies; (2) Arranging for transfer …

(a) The Type I ARCH shall provide each resident with an appetizing, nourishing, well-balanced diet that meets the daily nutritional needs and diet order prescribed by state and national dietary guidelines. To promote a social environment, residents, primary care givers and the pr…

(a) All food shall be procured, stored, prepared and served under sanitary conditions. (b) All foods shall be stored in covered containers. (c) Refrigerators shall be equipped with an appropriate thermometer and temperature shall be maintained at 45°F or lower. (d) Potentially ha…

(a) All medicines prescribed by physicians and dispensed by pharmacists shall be deemed properly labeled so long as no changes to the label have been made by the licensee, primary care giver or any ARCH/Expanded ARCH staff, and pills/medications are not removed from the original …

(a) Each resident shall be given proper daily personal attention and care including but not limited to skin, nails, hair, teeth, and oral hygiene in addition to any therapeutic regimen ordered by the resident's physician or APRN. (b) Residents shall be taught and encouraged to pe…

(a) The licensee or primary care giver shall maintain individual records for each resident. On admission, readmission, or transfer of a resident there shall be made available by the licensee or primary care giver for the department's review: (1) Documentation of primary care give…

(a) Residents shall be up and out of bed and appropriately dressed daily, unless physician or APRN orders indicate otherwise. (b) The primary care giver shall provide social and recreational activities for residents on a regular basis and shall encourage participation in activiti…

(a) The conditions under which the primary care giver agrees to be responsible for the resident's funds or property shall be explained to the resident and the resident's family, legal guardian, surrogate or representative and documented in the resident's file. All single transfer…

As used in this chapter: "Abuse" means the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm or pain or mental anguish, or deprivation by an individual, including a caregiver, of goods or services that are necessary t…

(a) The primary and substitute care giver shall provide health care within the realm of the primary or substitute care giver's capabilities for the resident as prescribed by a physician or APRN. (b) The primary and substitute care giver shall utilize standard precautions in the p…

(a) Residents' rights and responsibilities: (1) Written policies regarding the rights and responsibilities of residents during the stay in the Type I ARCH shall be established and a copy shall be provided to the resident and the resident's family, legal guardian, surrogate, spons…

(a) Except as provided in subchapter 6 of this chapter, written notice of a resident's transfer to an appropriate facility or discharge to another living arrangement or transfer within the Type I ARCH shall be given no less than thirty days prior to transfer or discharge except i…

(a) For all ARCHs, suitability of site, quietness, sanitary features of the immediate environment, accessibility,. and proximity to the community to be served shall be considered in licensing a facility. (b) The Type I ARCH shall be free of excessive noise, dust, or odors and sha…

Notes Haw. Code R. §§ 11-100.1-24 to 11-100.1-50

(a) No person, group of persons, or entity shall operate an ARCH or expanded ARCH without a license previously obtained under and in compliance with this chapter and chapter 321, HRS. (1) Any person, group of persons, or entity desiring to operate an ARCH or expanded ARCH shall a…

(a) Every request for a waiver shall be set forth in writing and submitted to the department for approval. The licensee shall submit sufficient information as set forth in subsection (d)(3), to enable the department to make a decision on the request for a waiver. (1) The departme…

No existing category 3 ARCHs shall admit any new residents. Any resident in the category 3 ARCH who develops the need for nurse aide care shall be transferred to an appropriate facility. Notes Haw. Code R. § 11-100.1-5 [Eff SEP 18 2006] (Auth: HRS §§ 321-9, 321-10, 321-11, 321-15…

In addition to the requirements in Subchapter 1 Type I ARCH, the following requirements shall apply to Type II ARCHs. Notes Haw. Code R. § 11-100.1-51 [Eff SEP 18 2006] (Auth: HRS §§ 321-9, 321-10, 321-11, 321-15.6) (Imp: HRS §§ 321-10, 321-11, 321-15.6)

The licensee of a Type II ARCH facility acting as the administrator or the individual that the licensee has designated as the administrator, in addition to the requirements in section 11-100.1-8(a), shall: (1) Have at least two years experience, in a management capacity, in the a…

(a) Personnel policies shall be developed and maintained indicating staff orientation and in service training, job descriptions, staff qualifications, job requirements for each class of employees, code of conduct and other pertinent personnel information. (b) All Type II ARCHs sh…

In addition to the requirements in section 11-100.1-7, the Type II ARCH shall have general operational policies on the following topics: (1) Nursing services, delegation and staffing pattern/ratio; (2) Medication administration; (3) Drug storage, disposal, safety and quality cont…

In addition to the requirements in section 11-100.1-13 the following shall apply to all Type II ARCHs: (1) A registered dietitian shall be utilized to assist in the planning of menus, and provide nutritional assessments for those residents identified to be at nutritional risk or …

(a) In addition to the requirements in section 11-100.1-23, all Type II ARCH shall satisfy the requirements of this section. (b) Type II ARCH that was licensed prior to 1986 and cannot fully comply with the current county building and fire codes shall continue to be licensed as l…

Notes Haw. Code R. §§ 11-100.1-57 to 11-100.1-77

Appropriate fees, if any, as determined by the director, shall be charged by the department for obtaining an initial license or obtaining a license renewal. Prior notice of the amount of the fee shall be provided to the licensee. Notes Haw. Code R. § 11-100.1-6 [Eff SEP 18 2006] …

(a) General operational policies of an ARCH or expanded ARCH shall be submitted by the applicant in writing to the department prior to licensure and shall include, but shall not be limited to: (1) Admission policies as specified in section 11-100.1-10; (2) Types of services to be…