Chapter 15A NCAC 18A

15a ncac 18a .2522 DECKS (a) Outdoor swimming pools shall have a continuous deck extending completely around the swimming pool. The width of the deck or walkway shall provide at least six feet of clear walking space at all points. If the swimming area of the pool is 1600 square f…

15A NCAC 18A .2523 DEPTH MARKINGS AND SAFETY ROPES (a) On swimming pools the depth of the water shall be marked at or above the water surface on the vertical wall of the swimming pool where possible and on the edge of the deck next to the swimming pool. Where depth markers cannot…

15A NCAC 18A .2524 LIGHTING AND VENTILATION (a) Artificial lighting shall be provided at all pools that are to be used at night, or when natural lighting is insufficient to provide visibility in the pool area. (b) Lighting fixtures shall be of such number and design as to illumin…

15a ncac 18a .2525 HEATER AND TEMPERATURE REQUIREMENTS (a) Pool heaters shall be designed for the purpose intended. (b) Heaters shall be equipped with thermostatic controls capable of assuring that the maximum operating temperature of spa water does not exceed 104 degrees Fahrenh…

15a ncac 18a .2526 DRESSING AND SANITARY FACILITIES (a) Dressing and sanitary facilities shall be provided at all pools, except for pools at hotels, motels, condominiums, and apartments where pool use is restricted to residents or guests. At hotels, motels, condominiums and apart…

15A NCAC 18A .2527 SWIMMING POOL SLIDES All swimming pool slides installed at a public swimming pool shall be labeled by the manufacturer for use in public pools, and shall be installed in accordance with manufacturer's instructions. History Note: Authority G.S. 130A-282; Eff. Ma…

15A NCAC 18A .2528 FENCES (a) Public Swimming pools shall be completely enclosed by a fence, wall, building, or other enclosure, or any combination thereof, which encloses the swimming pool area such that all of the following conditions are met: (1) The top of the barrier shall b…

15A NCAC 18A .2529 USER LOADING In determining the maximum number of persons allowed in the pool at any one time, the following criteria shall govern: (1) Fifteen square feet (1.39 sq m) of water surface area per person shall be provided in areas of the pool five feet (1.52 m) de…

15A NCAC 18A .2530 SAFETY PROVISIONS (a) Swimming pools shall have lifesaving equipment conspicuously and conveniently on hand at all times. A unit of lifesaving equipment shall include the following: (1) A pole not less than 12 feet long, with a body hook securely attached. The …

15A NCAC 18A .2531 WADING POOLS (a) Wading pools shall meet all design specifications for swimming pools and wading pools included in Rules .2512 through .2530 of this Section with the following exceptions: (1) Wading pools shall be physically separate from other public swimming …

15A NCAC 18A .2532 SPAS AND HOT TUBS Spas and hot tubs shall meet all design specifications for swimming pools and wading pools included in Rules .2512 through .2530 of this Section with the following exceptions: (1) The circulation system equipment shall provide a turnover rate …

15A NCAC 18A .2533 EQUIPMENT ROOM (a) All pumps, chemical feeding apparatus and other mechanical and electrical equipment shall be enclosed in a weatherproof structure with a minimum ceiling height of seven feet. The equipment room shall be provided with a door with a permanent l…

15A NCAC 18A .2534 CHEMICAL STORAGE ROOM A separate chemical storage room that meets the following criteria shall be provided: (1) The chemical storage room shall be in a dry, weatherproof structure with a minimum ceiling height of seven feet. (2) For public swimming pools built …

15A NCAC 18A .2535 WATER QUALITY STANDARDS Whenever a public swimming pool is open for use, water quality shall be maintained in accordance with the following: (1) The chemical quality of the water shall be maintained in an alkaline condition at all times with the pH between 7.2 …

15A NCAC 18A .2536 REVOCATION OF PERMITS The Department may suspend or revoke permits in accordance with G.S. 130A-23. History Note: Authority G.S. 130A-282; Eff. May 1, 1991; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.

15A NCAC 18A .2537 MAINTENANCE AND OPERATION (a) All public swimming pools constructed or remodeled on or after May 1, 1991 shall be maintained and operated in accordance with the Rules of this Section. (b) On or after May 1, 1993 all public swimming pools including those constru…

15A NCAC 18A .2538 FILL AND DRAW POOLS Fill and draw pools are prohibited. Provisions shall be made for filtration and recirculation of water in all public swimming pools, wading pools, and spas. History Note: Authority G.S. 130A-282; Eff. May 1, 1993; Pursuant to G.S. 150B-21.3A…

15A NCAC 18A .2539 SUCTION HAZARD REDUCTION (a) At all public wading pools that use a single main drain for circulation of water, signs shall be posted stating, "WARNING: To prevent serious injury do not allow children in wading pool if drain cover is broken or missing." Signs sh…

15A NCAC 18A .2540 REPORTING OF INJURY OR ILLNESS The pool operator shall report any death, serious injury or complaint of illness attributed by a bather to use of a public swimming pool to the local health department within two working days of the incident or complaint. The repo…

15A NCAC 18A .2541 FLOW THROUGH POOLS Tanks or structures built prior to May 1, 1995 which hold a flowing natural water source for public swimming, diving, wading or recreational use without physical or chemical treatment shall not be required to comply with the rules of this Sec…

15a ncac 18a .2542 IN POOL EXERCISE EQUIPMENT (a) Exercise equipment such as steps, weights, or floats used in a public swimming pool shall be designed and constructed so as not to pose a threat to water quality or bather safety and shall be removed from the pool after each use. …

15A NCAC 18A .2543 WATER RECREATION ATTRACTIONS (a) Upon written request and approval by the Department, water recreation attractions including water slides, wave pools, rapid rides, lazy rivers, artificial swimming lagoons, and other similar features may deviate from the require…

15A NCAC 18A .2544 SPECIAL PURPOSE AND THERAPy POOLS (a) Special purpose and therapy pools shall comply with the requirements for public swimming pools and spas except as specified in this Rule. (b) Float tanks: (1) The requirement in Rule .2522 of this Section for a deck or walk…

15A NCAC 18A .2545 DISPLAY SPA AT A TEMPORARY EVENT A display spa at a temporary event (DSTE) shall not be required to comply with the Rules of this Section except as specified in this Rule. (1) A DSTE shall not operate without a permit that has been issued by the local health de…

15A NCAC 18A .2605 INSPECTION FORMS History Note: Authority G.S. 130A-248; Eff. May 5, 1980; Amended Eff. May 1, 1991; July 1, 1984; Repealed Eff. August 1, 1998.

15A NCAC 18A .2629 DOORS AND WINDOWS History Note: Authority G.S. 130A-248; Eff. May 5, 1980; Amended Eff. April 1, 1992; May 1, 1991; Repealed Eff. October 1, 2004.

15A NCAC 18A .2636 REQUIREMENTS FOR TEMPORARY RESTAURANTS History Note: Authority G.S. 130A-248; Eff. May 5, 1980; Repealed Eff. January 1, 1996.

15A NCAC 18A .2644 REQUIREMENTS FOR CATERED ELDERLY NUTRITION SITES History Note: Authority G.S. 130A-248; Eff. March 1, 1989; Amended Eff. July 1, 1993; Repealed Eff. September 1, 2012.

15A NCAC 18A .2645 REQUIREMENTS FOR LIMITED FOOD SERVICE ESTABLISHMENTS History Note: Authority G.S. 130A-248; Eff. July 1, 1994; Repealed Eff. September 1, 2012.

15A NCAC 18A .2650 GENERAL – ADOPTION BY REFERENCE The 2017 Food Code and the accompanying 2017 Food Code Supplement, not including subsequent amendments and editions, established by the U.S. Department of Health and Human Services, Food and Drug Administration (hereinafter refer…

15A NCAC 18A .2651 DEFINITIONS The provisions of this Rule make amendments, additions, and deletions to the Food Code incorporated by reference in Rule .2650 of this Section. In Chapter 1, the following apply: (1) In Paragraph 1-201.10(B), add: "'Commissary' means a food establis…

15A NCAC 18A .2652 MANAGEMENT AND PERSONNEL The provisions of this Rule make amendments, additions, and deletions to the Food Code incorporated by reference in Rule .2650 of this Section. In Chapter 2, the following apply: (1) In Paragraph 2-101.11(B), amend to read: "In a food e…

15A NCAC 18A .2653 FOOD The provisions of this Rule make amendments, additions, and deletions to the Food Code incorporated by reference in Rule .2650 of this Section. In Chapter 3, the following apply: (1) In Paragraph 3-201.11(A), add at the end: "Food from food establishments …

15A NCAC 18A .2654 EQUIPMENT, UTENSILS, AND LINENS The provisions of this Rule make amendments, additions, and deletions to the Food Code incorporated by reference in Rule .2650 of this Section. In Chapter 4, the following apply: (1) Delete Sections 4-204.14, 4-204.19, 4-204.111,…

15A NCAC 18A .2655 WATER, PLUMBING, AND WASTE The provisions of this Rule make amendments, additions, and deletions to the Food Code incorporated by reference in Rule .2650 of this Section. In Chapter 5, the following applies: (1) In Paragraph 5-202.12(A), change the risk designa…

15A NCAC 18A .2656 PHYSICAL FACILITIES The provisions of this Rule make amendments, additions, and deletions to the Food Code incorporated by reference in Rule .2650 of this Section. In Chapter 6, the following apply: (1) Delete Section 6-202.17. (2) Delete Section 6-202.18. (3) …

15A NCAC 18A .2657 POISONOUS OR TOXIC MATERIALS The provisions of this Rule make amendments, additions, and deletions to the Food Code incorporated by reference in Rule .2650 of this Section. In Chapter 7, the following apply: (1) In Section 7-101.11, add at the end: "Only those …

15A NCAC 18A .2658 COMPLIANCE AND ENFORCEMENT The provisions of this Rule make amendments, additions, and deletions to the Food Code incorporated by reference in Rule .2650 of this Section. In Chapter 8, the following apply: (1) In Section 8-103.10, add the following to the end: …

15A NCAC 18A .2659 PERMITS (a) No permit for a food establishment shall be issued to a person until an evaluation by the regulatory authority shows that the establishment complies with this Section. However, the regulatory authority shall allow a period of 210 days after the date…

15A NCAC 18A .2660 PUBLIC DISPLAY OF GRADE CARDS (a) Upon initial inspection of a food establishment or if a renovation or other change in the establishment makes the grade card inconspicuous, the regulatory authority shall designate the location for posting the grade card. The g…

15A NCAC 18A .2661 INSPECTIONS AND REINSPECTIONS (a) Upon entry into a food establishment for an inspection or reinspection, the regulatory authority shall provide identification and the purpose in visiting that establishment. The regulatory authority shall inquire as to the iden…

15A NCAC 18A .2662 GRADING (a) The grading of food establishments is based on a system of scoring. A food establishment that earns a score of at least: (1) 90 percent shall receive a grade A; (2) 80 percent and less than 90 percent shall receive a grade B; (3) 70 percent and less…

15A NCAC 18A .2663 OUTDOOR DINING AND BEVERAGE FACILITIES (a) A food establishment may provide outdoor dining and beverage service. (b) Beverages may be prepared outdoors if all equipment and utensils are provided with overhead protection. (c) Portable cooking, food, and beverage…

15A NCAC 18A .2664 SUPPLEMENTAL COOKING ROOMS The following construction standards apply to food establishments cooking on grills, pits, or fireplaces in supplemental cooking rooms: (1) Grills, pits, and fireplaces shall be kept clean, maintained in good repair, and located in an…

15A NCAC 18A .2665 TEMPORARY FOOD ESTABLISHMENT AND TEMPORARY FOOD ESTABLISHMENT COMMISSARY PERMIT REQUIREMENTS (a) A permit shall be issued by the regulatory authority to each temporary food establishment and temporary food establishment commissary that complies with Rules .2665…

15A NCAC 18A .2666 Temporary food establishment food handling requirements (a) All sources of food in temporary food establishments shall comply with Chapter 3 of the Food Code as amended by Rule .2653 of this Section. (b) Raw meat, poultry, and fish in temporary food establishme…

15A NCAC 18A .2667 TEMPORARY FOOD ESTABLISHMENT EMPLOYEE REQUIREMENTS (a) Food employees in temporary food establishments shall wear effective hair restraints, clean outer clothing, and maintain good hygienic practices as specified in Part 2-4 of the Food Code as amended by Rule …

15A NCAC 18A .2668 TEMPORARY Food Establishment equipment and utensil requirements (a) Equipment and utensils in temporary food establishments shall be kept clean and maintained in good repair. Those surfaces that come into contact with food, drink, or utensils shall comply with …

15A NCAC 18A .2669 TEMPORARY FOOD ESTABLISHMENT PHYSICAL REQUIREMENTS (a) A temporary food establishment shall be located in an area kept in a clean and sanitary condition. The arrangement of temporary food establishments shall restrict public access to all areas of the food esta…

15A NCAC 18A .2670 GENERAL REQUIREMENTS FOR PUSHCARTS AND MOBILE FOOD UNITS Notwithstanding the provisions set forth in Rules .2671 and .2672 of this Section, pushcarts and mobile food units shall comply with all requirements in this Section with the following exceptions: (1) A p…