General Requirements for Pools.

§ 165.41 General Requirements for Pools. (a) General. All bathing establishments with pools shall be designed and constructed in accordance with the requirements contained in this Code. All bathing establishments with pools shall be located at a site conducive to good operation, maintenance, and public safety and free from contamination. The site shall have sufficient drainage and be separated from environmentally sensitive areas (for example, subsurface sewage disposal systems, open bodies of freshwater, groundwater wells). (b) Structural stability. The designing architect or engineer shall certify the structural stability and safety of the bathing establishment. All bathing establishments shall be designed and constructed to withstand all anticipated loading for both full and empty conditions, and hydrostatic and earth pressures involved in each case. The strength of the assembled and installed components and accessories to be used in and around the pools should be such that no structural failure of any component part shall cause the failure of any other component part. (c) Construction material finishes. (1) Materials. Pools shall be constructed of materials which are inert, stable, nontoxic, watertight and enduring. Sand or earth bottoms or unlined wooden tubs are prohibited. The materials of components and accessories used in and around the pools shall be compatible with human occupancy and the environment in which they are installed. Materials shall be capable of fulfilling the design, installation, and intended use requirements. (2) Finish. The pool bottom and sides shall be white or a light color with a smooth and easily cleanable surface. (3) Corners. All corners formed by intersection of pool walls and bottom shall be rounded. (d) Accessibility. (1) Entrance. For pools receiving construction authorization from the department after the effective date of this Article, entrance to the pool area shall be at a point adjacent to the shallow end of the pool. (2) An emergency exit from the pool room shall be provided. All exits should be clearly marked. (e) Equipment. All equipment used or proposed for use in pools shall be tested and listed by N.S.F. or another testing laboratory under standards promulgated by N.S.F. Equipment that is experimental or not N.S.F. approved shall be submitted to the Department for review. The experimental equipment shall be tested as follows: (1) Use-tested in New York or another state in at least 10 pools of comparable design for a period of at least 60 days, with engineering reports on results of use submitted; or (2) Pilot-plant testing of at least 90 days, with formal submission of an operational report prepared by the design engineer or architect; or (3) A combination of use and testing or a trial use period approved by the Department and the New York State Commissioner of Health. (f) Size and shape. Dimensional limits are not specified for the length, width, or shape of pools. The size and shape shall be selected based on competitive requirements, bather demand, and space available for a particular establishment. The shape of any pool shall be such that the circulation of pool water and control of bathers' safety are not impaired. There shall be no underwater or overhead projections or obstructions which would endanger patron safety or interfere with pool operation. (g) Minimum water depth. The minimum depth of water in the pool shall be three feet except for wading pools and wave pools. (h) Bottom slope. The bottom of the pool shall slope downward toward the main drains. The slope in shallow areas (depths less than 5') shall not exceed one foot (1') vertical in twelve feet (12') horizontal. In portions of the pool with depth greater than five feet, the slope shall not be steeper than one foot in three feet. (i) Pool walls. The walls of a pool shall be either: (1) Vertical for a distance of at least six feet (6'); or (2) Vertical for a distance of at least three feet (3') below the water level; below which the wall may be curved to the bottom with a radius not greater than the difference between the depth at that point and three feet (3'); provided that vertical is interpreted to permit slopes not greater than one foot (1') horizontal for each five feet (5') of depth of sidewall (11 degrees from vertical). (j) Safety ledges. Ledges shall not extend into the pool unless they are essential for support of the upper wall construction. (k) Decks and walkways. (1) General. A continuous deck at least five feet (5') wide shall extend completely around the pool. For spa and wading pools, two contiguous sides of decking equal to fifty percent (50%) or more of the perimeter shall be provided. The deck shall be of a uniform, easily cleaned, impervious material with a slip-resistant surface. (A) Deck capacity. Additional deck space beyond the required five feet wide clear walkway may be constructed based on a minimum ratio of fifty square feet (50 ft2) of pool deck area per bather. (B) Where diving boards, slides, or any other deck equipment are installed at the pool, a clear deck of not less than five feet of constructed deck shall be provided behind the diving boards, slides, lifeguard chair or other deck equipment. (2) Deck covering. Porous, non-fibrous deck covering which contains a label indicating it complies with the N.S.F. or other material approved by the department may be used for deck covering. An approved material shall meet the following criteria: (A) The covering shall allow drainage so that the covering and the deck underneath it do not remain wet or retain moisture. (B) The covering is inert and will not support bacterial growth. (C) The covering provides a slip-resistant surface. (D) The covering is durable and cleanable. (3) Slope. The deck shall be sloped at least one-fourth inch per foot (1/4 in/ft) to deck drains or grades. (4) Drainage. Deck drains, when used, shall be spaced and arranged so that not more than four hundred square feet (400 ft2) of area is tributary to each drain, and drains shall not be spaced more than twenty-five feet (25 ft) apart. There shall be no direct connection between the pool deck drains and the pool gutter or recirculation system. The deck of outdoor pools shall be sloped away from the pool or to the deck drains to prevent surface runoff from entering the pool. (5) Roll-out and deck level gutters. If the pool is equipped with deck level gutters, not more than five feet of deck shall be sloped toward the gutters. (6) Hose bibbs. At least one hose bibb shall be provided to facilitate flushing of the deck area and each bibb shall be provided with an anti-siphonage device. (7) Rinse showers. Adjacent recreational areas shall be separated from the bathing area by a suitable fence or barrier. If bathers are permitted free access between the deck and an adjacent recreational area without having to pass through a bathhouse or bather preparation facilities, a rinse shower area shall be installed so that bathers shall pass through the rinse shower area when going from the recreational area to the deck. Minimum requirements for a rinse shower shall include: (A) water for the rinse shower(s), (B) have sufficient drainage so that there is no standing water, (C) a foot surface that is impervious and slip-resistant. (l) Pool enclosures. All pools shall be protected by a fence, wall, building, or other solid barrier, or any combination thereof. A wall of a building may serve as part of the enclosure, provided that there is no direct access from the wall to the pool. Pools located on a roof, where there is no access to the roof except through doors where access can be prevented when the pool is unsupervised, do not require additional enclosure. All pools shall be provided with an enclosure which shall comply with the following: (1) No external handholds or footholds. (2) Materials which are durable. (3) At least six feet (6') in height, except for wading pools at four foot (4') minimum (see 24 RCNY Health Code § 165.51). (4) Have a maximum vertical clearance above grade of two inches (2"). (5) The entrance into the pool enclosure shall be equipped with a door or gate that is self-closing and has a positive self-latching closure mechanism at least forty inches (40") above grade. Doors and gates at all entrances shall be equipped with hardware that permits secure locking of the entrance and prevents access when the pool is not supervised. (6) Where a chain-link fence is provided, the openings between links shall not exceed 2 3/8 inches and chain link twists shall extend above the upper horizontal bar. The enclosure shall have railings and posts within the enclosure, which shall be capable of resisting a minimum lateral load of one hundred fifty pounds (150 lb) applied midway between posts and at top of posts, respectively. Enclosures, fence material or fabric shall be capable of withstanding a concentrated lateral load of fifty pounds (50 lb) applied anywhere between supports on an area twelve square inches (12 in2), without failure or permanent deformation. (7) Where a picket-type fence is provided, space between pickets shall not exceed 4 inches and pickets shall extend above the upper horizontal bar. (m) Pool capacities and patron loading. The maximum permissible number of bathers allowed in the pool at one time is as follows: (1) Pools (except spa and wading pools): Twenty-five square feet (25 ft2) of water surface area shall be provided for each patron. (2) Diving area: Three hundred square feet (300 ft2) of pool water surface area shall be reserved around each diving board or diving platform, and this area shall not be included in computing the permissible patron use. (3) Spa pools: Ten square feet (10 ft2) of pool water surface area shall be provided for each patron. (4) Wading pools: Fifteen square feet (15 ft2) of pool water surface area shall be provided for each patron. (n) Spectator areas and visitor galleries. There shall be an effective separation between spectator areas and bather areas so as to prevent contamination of the pool. Galleries for spectators shall not overhang any portion of the pool surface. The floor and foot rail of the gallery shall be of tight construction to prevent dirt from being tracked into the pool. (o) Depth markings and safety lines. (1) Depth markings. Depth markings shall be numerical with numbers of four inch (4") minimum height, followed by the words "feet deep" or "foot depth", and with colors contrasting with the background. Depth of water shall be plainly marked at or above the water surface on the vertical pool wall and on the edge of the deck next to the pool. Depth markers shall indicate the actual pool depth. Water depth shall be measured at a point three feet (3') from the pool wall. Depth markers shall be spaced at not more than twenty-five foot (25') intervals along the pool perimeter. Where depth markings cannot be placed on the vertical walls above the water level, other means shall be used so that the markings will be plainly visible to persons in the pool. Markings shall be on both sides and ends of the pool placed at the following locations: (A) At the points of maximum and minimum depth and at all points of change of slope. (B) At break between the deep and shallow portions. (C) At intermediate two foot (2') increments of depth. (2) Depth markers of irregularly shaped pools. Depth markers of irregularly shaped pools shall specify depth at intervals of 25 feet measured along the perimeter of the pool. (3) Safety lines. The boundary line between the shallow and deep areas where it exists, shall be marked at the five foot depth with a four inch stripe of contrasting color on the floor and walls of the pool and by a safety rope and floats equipped with float keepers. Where there is no break in slope the boundary shall be set at the five foot (5') depth, where it is ten feet (10') or more from the nearest end of the pool. Ledges and step edges shall also be marked with a four inch (4") stripe of contrasting color, two inches (2") on the tread and two inches (2") on the riser. (p) Diving area. (1) The minimum dimensions of the swimming pool and appurtenances in the diving area shall conform to Table 3. The minimum dimensions for diving portion of swimming pools designed for competitive diving, may upon application to, and approval by, the department, utilize nationally recognized competitive design standards. For diving boards in excess of 3 meters in height over water, the design criteria, including pool dimensions shall be adjusted in accordance with good engineering practice. (2) Headroom. There shall be a completely unobstructed clear distance of sixteen feet (16') above the diving board, measured from the center of the front end of the board. This area shall extend at least eight feet (8') behind, eight feet to each side, and sixteen feet (16') ahead of the measuring point. (3) Diving boards and platforms. Diving boards and platforms in excess of three meters in height shall be designed and constructed or selected such that they are adequate to sustain expected static and dynamic loading with appropriate design safety factors. (4) Steps and guardrails for diving boards. Supports, platforms and steps for diving boards shall be of adequate design and construction and of sufficient structural strength with appropriate design safety factors to safely carry the maximum anticipated loads. Steps shall be of corrosion-resistant material, easily cleanable and of nonslip design. Handrails shall be provided at all steps and ladders leading to diving boards one meter or more above the water. The guardrails shall be thirty inches (30") high, extending at least to the edge of the water. Table 3. Minimum Dimensions for Diving Portion of Swimming Pool Note: Minimum depth of five feet shall be maintained when a wall terminates at the pool area opposite diving boards. Otherwise, the specified shallow area floor slope may be used to shallow end. Minimum Dimensions Max. board height over water Max. diving board length D L(1) L(2) Pool width 26" (2/3 meter) 10' 8'-6" 2'-6" 10'-0" 20'-0" 30" (3/4 meter) 12' 9'-0" 3'-0" 10'-0" 20'-0" 1 meter 16' 11'-0" 4'-0" 20'-0" 20'-0" 3 meters 16' 12'-0" 6'-0" 20'-0" 24'-0" Board placement shall be in compliance with the following. For multiple-board installations, minimum pool widths shall be increased accordingly. 1 meter or less – Board to pool side 10'0" 3 meters – Board to pool side 12'0" Distance between adjacent boards 10'0" (q) Deck slides. All deck slides which may be installed at a swimming pool shall be labeled to indicate compliance with the requirements of the U.S. Consumer Product Safety Commission or other generally acceptable standard that provides equivalent and adequate safety. The bottom of any slide shall discharge into a minimum water depth of four feet. (r) Rolling bulkheads. Rolling bulkheads which may be provided at a pool, shall be equipped with traction wheels running on the pool floor or alternatively in the overflow gutter. The design shall be such that the patrons cannot be entrapped under the bulkhead. (s) Starting blocks. Starting blocks when provided, shall be designed according to recognized competitive design standards. Starting blocks shall be installed over a minimum water depth of six feet (6'). (t) Ladders, recessed steps, stairs and handrails. Except in a wading pool, physical-therapy pool, wave pool, white-water slide or movable-bottom pool, steps or ladders shall be provided to serve the shallow and deep portion of the pool, and if the pool is over thirty feet wide, such steps or ladders shall be installed on each end and on opposite sides. Stairs, ladders, and recessed steps shall be located so as not to interfere with racing lanes or with diving. If recessed steps are used, at least one additional non-recessed stairway or one conventional ladder shall be provided. (1) Ladders. Pool ladders shall be corrosion-resistant and shall be equipped with nonslip treads. All ladders shall be so designed as to provide a handhold and shall be rigidly installed. There shall be a clearance of not more than six inches (6") nor less than three inches (3") between any ladder and the pool wall. (2) Recessed steps. Recessed steps shall be readily cleanable and shall be arranged to drain into the pool to prevent the accumulation of dirt. Recessed steps shall have a minimum breadth of five inches (5") and a minimum width of fourteen inches (14"). (3) Stairs. Where stairs are provided they shall be located diagonally in a corner of the pool or be recessed. They shall be equipped with a handrail. Stairs shall be of nonslip design, have a minimum tread of twelve inches (12") and a maximum rise of ten inches (10"). (4) Handrails. Where ladders, recessed steps and stairs are provided within the pool, there shall be a handrail at the top of each side thereof extending over the coping or edge of the deck. (u) Safety and warning signs. (1) "No diving" markers. "No diving" markers at least four inches (4") high shall be located at not more than twenty-five foot (25') intervals around the pool perimeter, where the water depth is less than eight feet deep. (2) Warning signs. A sign or signs shall be securely posted in a conspicuous place or places in the pool area and bather preparation facility and shall provide the following information: (A) Maximum number of persons permitted in pool at any time. (B) Maximum number of persons permitted on deck at any time. (C) Maximum number of persons permitted in the pool area. (D) The hours that pool is open. (E) The hours that pool use is prohibited. (F) "No person having any contagious disease or infectious condition such as sores or inflamed eyes, a cold, nasal or ear discharge, cuts, boils or other evident skin or other bodily infection shall enter the pool." (G) "Urinating, expectorating or blowing the nose, or allowing human waste in any pool is prohibited." (H) "Persons not dressed for bathing shall not enter upon walks immediately adjacent to pools, and bathers shall not enter places provided for spectators." (I) "No person under the influence of alcohol or exhibiting erratic behavior shall enter the pool or the pool deck." (J) "Emergency telephone number for police, fire, and hospital is 911." (K) "Prolonged or repetitive breath-holding can be deadly. No intentional hyperventilation or underwater competitive breath-holding." (i) The Department may require that the sign include a pictogram designed by the Department that conveys these dangers. (3) Deck slides. In pools equipped with a deck slide, the warning sign shall include the words: "No sliding in water less than four feet deep and no sliding except in a feet-first position." (4) Starting platforms and blocks. In pools equipped with starting blocks, the warning sign shall include: "Starting blocks shall not be used for any purpose other than competitive swimming or swimmer-training activities." (5) White-water slides: In facilities with white water slides, warnings shall be posted on a sign at the entrance to the slide tower containing the following: (A) "Keep your hands inside of the flume." (B) "No standing, kneeling, rotating, chain-riding, or stopping in flumes." (C) "Sliding shall be performed only in a feet-first position." (6) Warm water spas: In addition to the contents of paragraph (2), the following warning sign, with an area of at least three square feet, preceded by the word "CAUTION" shall be conspicuously posted in the vicinity of the pool at eye level: (A) "Elderly persons and persons suffering from heart disease, diabetes, high or low blood pressure, shall not use the spa pool without medical consultation." (B) "Unsupervised use by children is prohibited." (C) "Do not use the spa pool while under the influence of alcohol. Persons using medications such as anticoagulants, antihistamines, vasoconstrictors, vasodilators, stimulants, hypnotics, narcotics or tranquilizers should not use the spa pool without medical consultation." (D) "Do not use the spa pool if you are alone and the spa pool is unattended by pool staff." (E) "Observe a reasonable time limit (e.g., 15 minutes), then shower, cool down and, if you wish, return for another brief stay. Long exposure may result in nausea, dizziness or fainting." (F) "Emergency help can be obtained by using the telephone – dial 911." (7) Nothing in 24 RCNY Health Code § 165.41(u) prevents the operator from posting any additional sign or adding language to required signs alerting bathers to activities that are limited or prohibited under the operator's safety plan. (v) Safety equipment. The pool shall provide the safety equipment as required by 24 RCNY Health Code § 165.17. (w) First aid room. Pools with a surface area in excess of four thousand square feet (4,000 ft2) shall have a readily accessible room or area designated and equipped for emergency care.

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