Chapter 162 - BATHING ESTABLISHMENTS

Sec. 160.114. - Penalties. Chapter 165 - PUBLIC FOOD SERVICE ESTABLISHMENTS Chapter 162 - BATHING ESTABLISHMENTS[1]

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State Law reference— Sheriff closing of public places upon threat of violence, F.S. § 30.291; County public health units, F.S. Ch. 154; local health ordinances, F.S. § 381.0016; public bathhouses and swimming or bathing places, F.S. Ch. 514.

State rule reference—Swimming pools and bathing places, F.A.C. Ch. 64E-9.

Sec. 162.101. - Definitions.

As used in this Chapter:

(a)

Bathing establishment means every indoor or outdoor place where (1) the owner or person in charge allows persons to bathe, or (2) bathing suits are hired out, or (3) people dress or undress in connection with bathing, or (4) there is a bathing beach, natural pond, spring, lake, stream, ocean, swimming pool, wading pool or Swedish, Russian or Turkish bath. The term does not include (1) a swimming pool, wading pool or bathing beach located on property zoned residential single-family in accordance with the Zoning Code and not used for commercial purposes, or (2) a bath used for cleansing purposes or hydrotherapy which has a pool or tank used by one person at a time.

(b)

Course means a course of study in the care, maintenance and operation of public swimming pools approved by the Health Division.

(c)

Department means the Duval County Health Department.

(d)

Director means the Director of the Duval County Health Department.

(e)

Fill and draw pool means a pool which has as the primary manner of cleaning the complete removal and disposal of the used water and replacement with clean water at periodic intervals.

(f)

Health Division means the Jacksonville Public Health Unit, a local public health unit under F.S. Ch. 154.

(g)

Public swimming pool means a structure of concrete, masonry or other approved material and finish, located either indoors or outdoors, used or designed to be used for bathing or swimming purposes, and filled with a controlled water supply, together with buildings, appurtenances and equipment used in connection therewith, excluding any such structure which is located on property zoned residential single-family in accordance with the Zoning Code and which is not used for commercial purposes.

(h)

Wading pool means a pool which has a maximum water depth of 24 inches.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 75-804-401, § 1; Ord. 83-591-400, § 1; Ord. 2008-513-E, § 1)

Note— Former § 508.101.

Sec. 162.102. - Approval of plans.

(a)

No bathing establishment shall be constructed nor shall any major alterations or additions be made to any bathing establishment unless detailed plans and specifications for the construction, alteration or addition are submitted to and approved by the Department and the State Department of Health.

(b)

No minor alteration or addition shall be made in a bathing establishment unless a written description of the alteration or addition is submitted to and approved by the Department.

(c)

Plans shall not be approved for the construction of a fill and draw pool, or for the construction of any bathing establishment which includes or uses a bathing beach in an area prohibited by Section 162.103(c).

(d)

Swimming pool plans and specifications shall be submitted in quadruplicate to the Director for approval by the Department prior to forwarding to the State Department of Health for its approval.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 508.102.

Sec. 162.103. - Permit.

(a)

No person shall construct or maintain a bathing establishment without a permit issued by the Director. No permit is required, however, for a bathing establishment maintained by the City or State or for a wading pool which is part of a day care service, but such bathing establishment shall comply with other provisions of this Chapter.

(b)

No permit shall be issued or renewed for a bathing establishment which maintains a fill and draw pool.

(c)

No permit shall be issued for a bathing establishment which includes or uses a bathing beach within 500 feet of the point of discharge of the outlet of any sewer, the flow of which would contribute in any way to the pollution of the waters and by the bathers.

(d)

No permit shall be issued to a bathing establishment conducted for the purpose of dressing or undressing or hiring of bathing suits unless:

(1)

The patrons of the establishment will have access to a beach or pool which is constructed, equipped and operated pursuant to this Chapter.

(2)

The establishment is provided with a suitable ventilation system.

(3)

The establishment is operated in rooms not used as a kitchen, dining room, living room, bathroom, bedroom or other room used for residential purposes.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 508.103.

Sec. 162.104. - Physical facilities.

(a)

Dressing rooms.

(1)

A bathing establishment shall have suitable dressing rooms. Except for cabanas and private beach houses intended for the use of a single family, the bathing establishment shall have a separate dressing room and sanitary facilities for each sex and facilities for the checking of clothes which are adequate for the maximum number of persons who may use the bathing establishment.

(2)

The walls and partitions of a dressing room shall be made of a smooth material with a finish which is impervious to moisture. Floors shall have a nonslip surface which is impervious to moisture, free from open cracks or joints and properly sloped to adequate drains. The junctions between the side walls and floors shall be rounded. Floor mats, if provided, shall be made of a nonporous, rough-surfaced, perforated rubber, plastic or other suitable material.

(b)

Toilets. A bathing establishment shall have for each sex an adequate number of toilets in properly ventilated compartments. The toilets shall be conveniently located so as to facilitate their use before the bathers enter the showers. The number of toilets to be provided shall be based upon the maximum number of persons, both adults and children, who can be accommodated in a bathing establishment at any one time. A bathing establishment with indoor or outdoor bathing facilities which is constructed after February 1, 1971 shall have at least one toilet for every 55 female bathers, at least one toilet and one urinal for every 80 male bathers and at least one washbasin adjacent to the toilets for every 100 persons.

(c)

Showers. The number of showers to be provided shall be based upon the maximum number of persons, both adults and children, who can be accommodated in a bathing establishment at any one time. In no case shall there be fewer than two showers. A bathing establishment with indoor or outdoor bathing facilities which is constructed after February 1, 1971 shall have a minimum of two showers and at least one shower for every 60 persons. Showers in all bathing establishments with indoor bathing facilities shall have hot and cold running water. Showers supplying hot water shall be designed so that a proper mixture of hot and cold water can be obtained without danger of scalding the bather. Soap shall be supplied to the bathers. In a dressing room constructed after February 1, 1971, the entrance to the bathing area shall be preceded by the shower room so as to facilitate the use of the showers.

(d)

Drains. Showers, tubs, dressing rooms, toilets, washbasins and other water-supplied fixtures shall be properly drained.

(e)

Drinking water. An adequate supply of drinking water with adequate pressure shall be supplied by fountains of a sanitary design or by individual drinking cups which shall be conveniently located.

(f)

Ventilation. Indoor portions of a bathing establishment, including indoor pools, dressing rooms, bathhouses, shower rooms and lavatories shall be well ventilated. The ventilation system in indoor pools and dressing rooms shall be designed so that the bathers are not subject to drafts.

(g)

Heating. Heating apparatus with sufficient capacity to heat the rooms to 75 degrees Fahrenheit shall be provided in dressing rooms, shower rooms and lavatories used at times other than the summer months and shall be operated so as to maintain a minimum of 70 degrees Fahrenheit whenever the rooms are in use. A bathing establishment with indoor bathing facilities shall have in the pool area heating apparatus of sufficient capacity to heat the room to a temperature of 82 degrees Fahrenheit and, except during the summer months, a minimum temperature of 75 degrees Fahrenheit shall be maintained when in use. Heating apparatus used to heat the air in indoor portions of a bathing establishment shall be equipped with adequate protective guards.

(h)

Footbaths. Footbaths are prohibited, but foot rinsers with continuous flowing water may be used.

(i)

Pools.

(1)

A pool shall be constructed so as to be watertight and easily cleaned. A pool shall be made of a nonabsorbent material with a smooth surface and shall be free of open cracks and joints. The walls of a pool shall be vertical for at least the top five and one-half feet below the normal water level. In a pool constructed after February 1, 1971, there shall be rounded corners at the wall-floor junctures. The bottom of any portion of the pool where the water is less than five and one-half feet deep shall have a maximum slope of one foot for every 15 feet.

(2)

Except in a wading pool there shall be at least two ladders with handrails at the deep end of a pool and two ladders or steps with handrails at the shallow end of a pool. Ladders shall be provided with nonslip treads.

(3)

A pool constructed after February 1, 1971 shall have around its perimeter a nonslip walkway or surface with a minimum width of five feet, designed and constructed so as to facilitate cleanliness and safety.

(4)

The area for spectators, if provided, shall be separated from the pool so as to prevent contamination of the pool. A wading pool or spa pool constructed after February 1, 1971 shall be fenced off from an adjacent swimming pool.

(5)

A pool shall have around its perimeter a handhold for bathers.

(6)

When lighting is provided in or about a pool, it shall be installed so as not to be dangerous to the bathers.

(7)

Permanent markings showing the depth of the shallow end, break points, diving depth and deep end shall be visible from both inside and outside the pool.

(8)

A pool shall have an overflow gutter at the high waterline to remove scum or floating debris effectively. Adequate drainage outlets shall be provided in the gutter.

(9)

A pool shall be provided with outlets, including at least one at the deepest point, of a sufficient size to drain the entire pool within eight hours. The drain outlets shall be properly covered with gratings and shall be designed so as to reduce suction and to prevent the reversal of flow from the sewer to the pool.

(10)

A pool shall have inlets of such size and spacing so as to facilitate uniform circulation of water throughout the pool. There shall be no direct connection between the pool piping system and the domestic water supply system. The inlets in pools constructed after February 1, 1971 shall be submerged sufficiently to prevent loss of chlorination or other disinfectant.

(11)

A pool constructed after February 1, 1971 shall have an approved water recirculation system consisting primarily of piping, pumps, filters and disinfecting equipment together with other standard accessory equipment which shall be adequate to clarify and disinfect an amount of water equal to the contents of the pool within eight hours. Pipes used for different purposes shall be painted different colors so as to facilitate identification. A pool with a water recirculation system shall have a flow meter to indicate and record the rate of pumpage. The surface of the filter medium of all filters installed after February 1, 1971 shall be of such size that the rate of filtration will not exceed three gallons per minute per square foot of surface area, except that, when diatomaceous earth filters are used, the rate of filtration shall not exceed two gallons per minute per square foot of surface area. The recirculation system shall be kept in operation 24 hours a day while the pool is in operation.

(12)

A pool shall have an effective means of disinfection. A pool which has a water recirculation system shall have the disinfectant introduced by mechanical means.

(13)

All public swimming pools shall have an operating permit which states the maximum pool load and the number of people allowed in the pool at one time shall not exceed the maximum pool load stated on the permit.

(14)

A swimming pool shall not be heated by the direct injection of steam into the pool.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 508.104.

Sec. 162.105. - Equipment.

(a)

A diving tower, when provided in a bathing establishment, shall be rigidly constructed and properly anchored with sufficient bracing to insure stability under the heaviest possible load. The diving board or tower shall not be elevated above the water at a height which constitutes a danger to the users. The depth of the water below a diving board shall be at least 102 inches and there shall be sufficient free and unobstructed headroom above the board.

(b)

A bathing establishment in which chlorine gas is used as a disinfectant shall have at least one gas mask in good operating condition, and of a type approved by the United States Bureau of Mines as suitable for high concentrations of chlorine gas. The gas mask shall be kept at a readily accessible point near the chlorinators feeding chlorine gas and outside the chlorinator room.

(c)

A first aid kit and a standard stretcher and two blankets shall be available for emergency use in a bathing establishment at a point nearest the greatest hazard.

(d)

A swimming pool shall have buoys, ropes and other necessary lifesaving equipment which shall be kept in good repair and readily accessible.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 508.105.

Sec. 162.106. - Equipment at bathing beaches.

(a)

A tower or other elevated observation post shall be provided at a bathing beach for the sole use of the lifeguards and shall be located so as to give the lifeguards a complete and unobstructed view of the bathing areas for which they are responsible.

(b)

A coil of rope shall be kept in good condition and readily available for use by the lifeguards at a bathing beach. The rope shall have a buoy attached at one end and be equipped with a tub or reel for playing out the rope.

(c)

Surf lines of sound, serviceable and strong manila or hemp rope, not less than one inch in diameter, shall be provided at a bathing beach when water conditions are such that their use is prudent. Surf lines shall be placed no more than 200 feet apart. They shall be securely anchored on shore at a point above high water and shall extend into the water for such distance as bathing is ordinarily safe and free from danger of drowning to persons who are not expert swimmers. The outer end of the rope shall be anchored and visibly buoyed and the lines shall be buoyed or otherwise supported at such intervals that they will lie partially above the surface of the water and sufficiently close to the surface at all points so that bathers may readily hold onto and be supported by the lines.

(d)

Warning signs with the words Bathing Beyond the Lines Dangerous shall be clearly displayed in prominent places at a bathing beach.

(e)

A bathing beach shall have a square-sterned lifeboat not less than 16 feet in length or a catamaran surfboat not less than 14 feet in length, stationed so as to be readily available for use during bathing hours. On each side of a lifeboat there shall be handing ropes so that bathers may readily hold on and obtain support. A lifeboat or surfboat shall be equipped with rollers and at least one ring buoy or life preserver with quarter-inch lines at least 60 feet in length and such additional equipment as the Department may require to protect the safety of the bathers. A lifeboat shall have at least two sets of oars and oarlocks, and a surfboat shall have at least one set of oars and oarlocks.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 508.106.

Sec. 162.107. - Water standards.

(a)

A pool shall use water from a public water supply system, unless another source is approved by the Department.

(b)

Water in a pool shall be treated and maintained so that not more than 15 percent of the samples contain more than 200 bacteria per milliliter or show a positive (confirmed) test for bacteria of the coliform group in any of five ten-milliliter portions.

(c)

Chlorine, calcium hypochlorite or other chlorine compounds without the use of ammonia shall be used for the disinfection of a pool and the amount of free chlorine in the water as shown by the orthotolidine test at 60 degrees Fahrenheit or less shall not be less than three-tenths part per million. Ammonia shall not be used. The dechlorinated water shall have a pH value in the range of 7.2 to 8.0.

(d)

The surface of the water in a pool shall be free from scum and floating matter. The water in a pool shall be sufficiently clear when in use to permit a black disc six inches in diameter on the bottom of the pool at the deepest point, ten feet from the side, to be clearly visible from the runway around the deep area of the pool. The bottom and sides of the pool shall be free from sediment, dirt and slime.

(e)

Accurate and adequate tests made of pool water shall be performed. Tests performed in accordance with the latest edition of the publication entitled Standard Methods for Examination of Water, Sewage and Industrial Wastes, published by the American Public Health Association, shall be prima facie evidence of their accuracy and adequacy. The tests for the presence of residual chlorine, pH value of water, and the clearness of the water shall be made by the operator as frequently as necessary throughout each day to maintain the standards required by this Section.

(Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 508.107.

Sec. 162.108. - Pool operation.

(a)

Certificate of competency.

(1)

Certificate of competency required. It shall be unlawful for any person to operate and maintain a public swimming pool unless and until some person directly responsible for the maintenance and care of such public swimming pool shall first obtain a certificate of competency from the Public Health Unit.

(2)

Procedure for obtaining certificate of competency.

(i)

All applications for certificates of competency shall be made and filed with the Public Health Unit. The Public Health Unit shall prescribe the form of application and make such investigations concerning all applications filed as it shall deem necessary.

(ii)

A certificate of competency shall be issued by the Public Health Unit to all applicants who shall first present to the Public Health Unit satisfactory evidence of successful or satisfactory completion of a course in the care, maintenance and operation of public swimming pools.

(iii)

The Public Health Unit will, at least once each year, provide a course in the care, maintenance and operation of public swimming pools. In lieu of or in addition to such course, the Public Health Unit may from time to time approve qualified groups or organizations to give the courses and, in that event, the courses shall be under the sponsorship, direction and supervision of the Public Health Unit. Successful or satisfactory completion of the course with an approved organization or group and sponsored and approved by the Public Health Unit shall likewise entitle an applicant to a certificate of competency as set forth in this subsection.

(iv)

A certificate of competency issued pursuant to this subsection shall be valid until revoked for cause by the Public Health Unit, but violation of any applicable provision of the F.A.C. Ch. 64E-9 shall be deemed prima facie grounds for revocation of certificate of competency.

(v)

Any person who has heretofore completed a course sponsored by the Florida Swimming Pool Operators Association, a nonprofit organization, the Public Health Unit or other course of instruction approved by the Public Health Unit and presently holds a valid certificate of satisfactory completion therefrom, shall be certified as competent under this subsection.

(vi)

A fee not exceeding $25 may be charged by the Public Health Unit for processing applications and issuing certificates. Revenues from fees shall be deposited in the Duval County Public Health Unit Trust Fund.

(3)

Violations. Any person violating any provision of this subsection shall be deemed guilty of a class C offense. Each day a violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder.

(b)

Safety and cleanliness. A bathing establishment shall be maintained in a clean, sanitary and safe condition. Diving towers, springboards, floats, slides and other equipment shall be properly maintained so as to prevent injury to the bathers. The floors, steps and walks shall be washed daily when in use.

(c)

Clothing and linens. A bathing suit, towel, linen or similar article supplied by a bathing establishment shall be washed properly and thoroughly dried after each individual use.

(d)

Health of bathers. A person with sore or inflamed eyes, a cold, nasal or ear discharge, cuts, boils or other evidence of skin or other bodily infection shall be excluded from a bathing establishment.

(e)

Records. The owner or person in charge of a public swimming pool shall maintain daily operational records which include the following information:

(1)

Number of bathers;

(2)

Quantity of water added;

(3)

Length of time pumps and filters are in operation;

(4)

Time when each filter is back-washed or cleaned;

(5)

Quantity of each chemical added;

(6)

Time when the bottom and sides of the pool are cleaned;

(7)

The results of all tests for hydrogen ion and residual chlorine; and

(8)

Other information the Department may require to show compliance with this Chapter.

Such records shall be forwarded to the Department monthly.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 73-933-434, § 1; Ord. 75-804-401, § 2; Ord. 83-591-400, § 1)

Note— Former § 508.108.

Sec. 162.109. - Reports of drowning or near drowning.

Within 24 hours after a drowning or near drowning in a bathing establishment, whether or not it results in a fatality, the owner or person in charge shall report the incident to the Department and shall furnish such information as the Department may require.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 508.109.

Sec. 162.110. - Alteration of existing bathing establishments.

When a bathing establishment constructed prior to February 1, 1971 is renovated or altered, such renovation or alteration, as far as practicable, shall be in compliance with the provisions of the article applicable to bathing establishments constructed after February 1, 1971, but in no event shall such renovation or alteration result in noncompliance with the requirements for facilities and equipment of State rules in effect on the date of original construction of the establishment.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 508.110.

Sec. 162.111. - Variance.

The construction standards of this Chapter shall be deemed a building code within the meaning of Section 320.204.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 508.111.

Sec. 160.114. - Penalties. Chapter 165 - PUBLIC FOOD SERVICE ESTABLISHMENTS