|
Every public swimming pool constructed on or after January 1, 2010, shall have at
<br />leasttwosuction outlets perpump that are`hydraulleally balanced and"symme` .
<br />plumbed through one or more "T" fittings, and that are separated by a distance Tat
<br />least three feet in any dimension between the suction outlets. A public swimming
<br />pool constructed on or after January 1, 2010, that meets the requirements of this
<br />subdivision, shall be exempt from the requirements of subdivision (c).
<br />(e) A public swimming pool constructed priorto January 1, 2010, shall be retrofitted to
<br />comply with subdivisions (b) and (c) by no later than July 1, 2010, except that no
<br />further retrofitting is required for a public swimming pool that completed a retrofit
<br />between December 19, 2007, and January 1, 2010, that complied with the Virginia
<br />Graeme Baker Pool and Spa Safety Act (15 U.S.C- Sec. 8001 et seq.) as in effect on
<br />the date of issue of the construction permit, or for a nonportable wading pool that
<br />completed a retrofit prior to January 1, 2010, that complied with state law on the
<br />date of issue of the construction permit. A public swimming pool owner who meets
<br />the exception described in this subdivision shall do one of the following prior to
<br />September 30, 2010:
<br />(1) File the form issued by the department pursuant to subdivision (f), as otherwise
<br />provided in subdivision (h).
<br />(2)
<br />(A) File a signed statement attesting that the required work has been
<br />completed.
<br />(B) Provide a document containing the name and license number of the
<br />qualified individual who completed the required work.
<br />(C) Provide either a copy of the final building permit, if required by the local
<br />agency, or a copy of one of the following documents if no permit was
<br />required:
<br />(i) A document that describes the modification in a manner that
<br />provides sufficient information to document the work that was done
<br />to comply with federal law.
<br />(ii) A copy of the final paid invoice. The amount paid forthe services may
<br />be omitted or redacted from the final invoice prior to submission.
<br />(f) Prior to March 31, 2010, the department shall issue a form for use by an owner of a
<br />public swimming pool to indicate compliance with this section. The department shall
<br />consult with county health officers and directors of departments of environmental
<br />health in developing the form and shall post the form on the department's Internet
<br />Web site. The form shall be completed by the owner of a public swimming pool prior
<br />to filing the form with the appropriate city, county, or city and county department
<br />of environmental health. The form shall include, but not be limited to, the following
<br />information:
<br />(1) A statement of whether the pool operates with a single suction outlet or
<br />multiple suction outlets that comply with subdivision (d).
<br />(2) Identification of the type of antientrapment devices or systems that have been
<br />installed pursuant to subdivision (b) and the date or dates of installation.
<br />(3) Identification of the type of devices or systems designed to prevent physical
<br />entrapment that have been installed pursuant to subdivision (c) in a public
<br />swimming pool with a single suction outlet that is not an unblockable suction
<br />15
<br />outlet and the date or dates of installation or the reason why the requirement
<br />is not. applicable.
<br />(4) A signature and license number of a qualified individual who certifies that the
<br />factual information provided on the form in response to paragraphs (1) to (3),
<br />inclusive, is true to the best of his or her knowledge.
<br />(g) A qualified individual who improperly certifies information pursuant to paragraph
<br />(4) of subdivision (f) shall be subject to potential disciplinary action at the discretion
<br />of the licensing authority.
<br />(h) Except as provided in subdivision (e), each public swimming pool owner shall file a
<br />completed copy of the form issued by the department pursuant to this section with
<br />the city, county, or city and county department of environmental health in the city,
<br />county, or city and county in which the swimming pool is located. The form shall be
<br />filed within 30 days following the completion of the swimming pool construction or
<br />installation required pursuant to this section or, if the construction or installation is
<br />completed prior to the date that the department issues the form pursuant to this
<br />section, within 30 days of the date that the department issues the form. The public
<br />swimming pool owner or operator shall not make a false statement, representation,
<br />certification, record, report, or otherwise falsify information that he or she is
<br />required to file or maintain pursuant to this section.
<br />(i) In enforcing this section, health officers and directors of city, county, or city and
<br />county departments of environmental health shall consider documentation filed on
<br />or with the form issued pursuant to this section by the owner of a public swimming
<br />pool as evidence of compliance with this section. A city, county, or city and county
<br />department of environmental health may verify the accuracy of the information filed
<br />on or with the form.
<br />0) To the extent that the requirements for public wading pools imposed by Section
<br />116064 conflict with this section, the requirements of this section shall prevail.
<br />(k) The department shall have no authority to take any enforcement action against any
<br />person for violation of this section and has no responsibility to administer or enforce
<br />the provisions of this section.
<br />116065. Violation; misdemeanor; penalty
<br />Every person who violates any provision of this article, building standards published in
<br />the State Building Standards Code relating to swimming pools, or the rules and
<br />regulations adopted pursuantto the provisions of this article, is guilty of a misdemeanor,
<br />Punishable by a fine of not less than fifty dollars ($50) nor more than one thousand dollars
<br />($1,000), or by imprisonment for not more than six months, or both.
<br />116068. Separate offense for each day
<br />Each day that a violation of this article continues is a separate offense.
<br />16
<br />
|