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No person shall construct or operate a bathing establishment without prior construction authorization and a permit issued by the Department. No bathing establishment shall be constructed nor shall any major alterations or additions be made to any bathing establishment unless a completed application for the construction, alteration or addition is submitted to the Department for review and approval prior to commencement of work. The application shall include appropriate fees, application forms and other supplemental information as required by the specific circumstances. For bathing establishments with pools and/or spray grounds, the application package shall also include detailed engineering plans, specifications and an engineering design report. The permit shall be displayed in a conspicuous place at the facility. The Department may order any bathing establishment operating without a permit to close and remain closed until the facility has obtained and displays a valid permit issued by the Department.
(a) Application for a permit shall be made to the Department at least 30 days before the expiration of a permit or at least 30 days before the opening of any bathing establishment.
(b) Change in ownership. Within 30 days of the change in ownership of a bathing establishment, the new owner shall file the application for change in ownership with the Department.
(c) Engineering plans, specifications and engineering report. Every owner, personally or through his or her engineer or architect, shall submit to the Department plans and specifications covering construction, alteration or reconstruction of bathing establishments or installation or alteration of their equipment prior to the start of construction or installation. No deviation from the plans and specifications or conditions of approval may be made without prior approval of the Department. Plans, specifications and engineering reports shall be prepared by an engineer or architect licensed to practice in the State of New York, and shall include:
(1) A scope of work letter. The letter shall include a description of the facility location and background, including physical aspects of the surrounding environment and structures, land and seasonal ground water table, a detailed discussion of the proposed system and the work to be performed.
(2) Engineering plans. Three (3) identical sets of engineering plans each bearing the seal and signature of an engineer or architect licensed to practice in the State of New York, shall be submitted to the Department for review and approval. Detailed scaled and dimensional drawings shall include all of the following:
(A) Plot plan and general site plan:
(i) A plot plan or vicinity plan showing the precise location of the proposed bathing establishment and building and existing structures by references to known landmarks such as streets and public buildings.
(ii) Name of the project location, the scale in feet, the north point, and direction of prevailing wind (for outdoor pools).
(B) Detailed plans: All detailed plans shall be drawn to a suitable scale and include the following information:
(i) A bathing establishment layout plan showing all the proposed facilities: The locations of the bathing area, spray ground layout, spray pad area, diving boards, ladders, stairs, deck, walkway, walls or fences enclosing the pool, inlets, spray features, spray pad drains, main drains, pool and deck drains, vacuum fittings, drinking fountains, piping, hose bibbs, surface skimmer system, recirculation system and appurtenances, filtration system, disinfection equipment, sewage connections, water main, lighting fixtures and other proposed features related to the operation and safety of the proposed bathing establishment including bathhouse, toilet and shower.
(ii) Surface drainage management for the proposed bathing establishment. (For outdoor pools and spray grounds only.)
(iii) A flow diagram or schematic in elevation views of the water treatment and recirculation system.
(iv) Complete construction details, including dimensions, elevations and appropriate cross-sections.
(v) Piping plan containing the size, type and location of all piping, including elevations.
(vi) Construction notes, schedules, charts and other related data.
(3) Specifications. One set of complete specifications for the construction of the proposed bathing establishment, bather preparation facilities, recirculation system, filtration facilities, disinfection equipment and all other appurtenances shown on the detailed plans shall be submitted.
(4) Engineering design report or calculations. A summary of the design basis, including information relative to the capacity or patron loading (maximum and average), spray pad area, pool area and volume, hydraulic computation (including head loss in all piping and water treatment), chlorinator and pump sizing calculations, recirculation equipment, filtration facilities, disinfection equipment, spray pad treatment system design calculations, spray feature flow rates, turnover and filtration rate, filter flow rates, pump curves, capacity of bathhouse and bather preparation facilities and toilet facilities, and all other appurtenances, shall be submitted.
(d) Supplemental or additional information. A completed application shall be accompanied by any supplemental information which the Department deems necessary for review. For bathing establishments using water other than the municipal public water supply, the application should also include source, quality, quantity available and characteristics of water supplied to the bathing establishment including alkalinity, pH, iron and manganese.
(e) No change in location or construction of the project shall be made from plans and specifications that have been approved without first submitting details of the proposed changes to the Department and receiving subsequent approval.
(a) Certification. All bathing establishments with pools shall file on completion of the construction, modification or addition, and prior to public use of new facilities or equipment, a construction compliance certificate to the Department. This certificate shall be prepared and signed by a professional engineer or architect licensed to practice in New York State. The certificate shall include a written statement that the establishment has been constructed in accordance with the plans and specifications approved by the Department.
(b) The applicant shall notify the Department of the completion of construction, modification, alteration or addition in order to schedule a compliance inspection. An approval for construction compliance inspection will be granted by the Department when all of the required items are completed to the Department's satisfaction.
All establishments shall be designed, constructed and completed in accordance with the requirements of this Article. For all bathing establishments:
(a) A completed and approved safety plan, as required by 24 RCNY Health Code § 165.19.
(b) Certificate of Occupancy for the bathing establishment, from the New York City Department of Buildings including an approval letter for underwater lighting construction and certificates of inspection for electrical work (for saunas), and plumbing and certificate of inspection for the gas fired heating system (for steam rooms).
(c) Waste water or sewer discharge permit from an approved agency (for pools and/or spray grounds) as required by 24 RCNY Health Code § 165.33.
(d) Copies of Aquatic Supervisory Certificates, as required by 24 RCNY Health Code § 165.15.
(e) Copies of Pool Operator Certificate, as required by 24 RCNY Health Code § 165.15.
(a) The most recent inspection report shall be readily available for inspection by the Department at the facility.
(b) Public health hazards and closing criteria. Where one or more of the following public health hazard conditions exist, the bathing establishment may be immediately closed by the Department and shall remain closed until the hazardous condition(s) are corrected. No person shall use the facility until the violations are corrected in compliance with the provisions of this Article. The facility shall remain closed until the Department has authorized the reopening of the facility. Public health hazard shall mean but shall not be limited to:
(1) For pools:
(A) Failure to provide adequate level of supervision, as required by 24 RCNY Health Code § 165.15.
(B) Failure to provide the minimum disinfectant residual levels, as required by 24 RCNY Health Code § 165.23.
(C) Failure to continuously operate the swimming pool's filtration and disinfection equipment.
(D) Use of an unapproved or contaminated water supply source for potable water use.
(E) Overhead electrical wires within 20 feet of the pool, except where covered and secured in a ceiling.
(F) Unprotected electrical circuits or wiring within 10 feet of the pool.
(G) Failure to maintain emergency lighting source.
(H) Inadequate number of lifesaving equipment on pool deck, as required by 24 RCNY Health Code § 165.17.
(I) Pool bottom or main drain grate not visible.
(J) Absence of or improper depth markings at a pool.
(K) Plumbing cross-connections between the drinking water supply and pool water or between sewage system and the pool's filter backwash facilities, or other cross-connections in the pool plumbing.
(L) Failure to provide and maintain an enclosure around the pool area that will prevent access to the pool during the hours in which the pool is not open for use.
(M) Use of unapproved chemicals or the application of chemicals by unapproved methods to the pool water.
(N) Broken, missing or unsecured main drain grates in the pool.
(O) Overcrowding of the pool that results in inability to supervise bathers.
(P) Glass or sharp objects in pool or on deck area.
(Q) Failure to provide pool safety plan approved by the Department.
(R) Spa pool water temperature exceeds 104 degree Fahrenheit.
(S) Any other condition dangerous to life or health.
(2) For sauna and steam rooms:
(A) Sauna temperature exceeds 194 degrees Fahrenheit.
(B) Steam temperature exceeds 120 degrees Fahrenheit.
(C) Door not free swinging or does not swing out.
(D) Viewing window not provided.
(E) Monitoring by attendant inadequate, or one hour timer not provided, as required by 24 RCNY Health Code § 165.63.
(F) Alarm not provided, inoperable, inaudible or not operating in correct range. Alarm not installed to cut off heat in sauna or steam room when activated.
(3) For spray grounds:
(A) Failure to provide adequate level of supervision of the spray ground as required by 24 RCNY Health Code § 165.15.
(B) Failure to provide the minimum disinfectant residual levels and the minimum ultraviolet light dosage as required by 24 RCNY Health Code § 165.23.
(C) Failure to continuously operate the spray ground filtration and disinfection equipment.
(D) Use of an unapproved or contaminated water supply source for potable water use.
(E) Overhead electrical wires within 20 feet of the spray ground, except where covered and secured in a ceiling.
(F) Unprotected electrical circuits or wiring within 10 feet of the spray pad.
(G) Broken or missing drain grates on the spray pad.
(H) Failure to maintain emergency lighting source.
(I) Plumbing cross-connections between the drinking water supply and spray ground treatment system or between sewage system and the spray pad's filter backwash facilities, or other cross-connections in the plumbing.
(J) Use of unapproved chemicals or the application of chemicals by unapproved methods to the spray ground water.
(K) Glass or sharp objects on spray pad or deck area.
(L) Visible contamination of the spray pad and/or spray pad treatment tank by a potentially toxic chemical or a bacteriological substance that could present a hazard to the public.
(M) Any other condition determined by the Department to be dangerous to life or health.
The Department may approve on written application and after review, a modification when strict application of any provision of this Article presents practical difficulties or unusual hardships. The Commissioner in a specific instance may modify the application of such provision consistent with the general purpose of this Article and upon such conditions as, in his or her opinion, are necessary to protect the health or safety of bathers.
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