Skip to code content (skip section selection)
Compare to:
New York City Overview
The New York City Charter
The New York City Administrative Code
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Loading...
Loading...
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
Loading...
§ 165.27 Sanitation and Safety.
   (a)   Pool and pool area.
      (1)   General. The pool shall be maintained free from sediment, lint, dirt and hair. The pool walls and bottom shall be vacuumed or brushed daily or as needed to remove visible material when pool is closed. The walls, floors, ceilings and equipment shall be maintained so that they are protected from deterioration.
      (2)   Pool and/or spray ground enclosures or fencing and gates shall be maintained in a manner consistent with 24 RCNY Health Code §§ 165.41(i)(l) and/or 165.42(g)
      (3)   Depth markings and safety lines for pools shall be provided and maintained in accordance with the provisions of 24 RCNY Health Code § 165.41(o) and be clearly visible and readable.
      (4)   Safety signs for pools shall be maintained in a manner consistent with 24 RCNY Health Code § 165.41(u).
      (5)   Decks, Spray Pad and Features.
         (A)   General. Pool and/or spray decks shall be rinsed daily to remove any materials or contaminates on the surface of the pool deck and/or surface of the spray pad. The deck shall be kept clean and free of puddled water. Cracks in the spray pad and/or pool decks shall be repaired when they may be a potential for leakage, present a tripping hazard, a potential cause of lacerations, or impact the ability to properly clean and maintain the pool and/or spray pad area.
         (B)   Pools. Indoor pool decks shall be disinfected at least weekly. The walks, overflow gutters, counters, lockers, equipment, furniture, interior partitions and walls shall be kept in good repair, clean and sanitary. The deck shall be kept free of obstructions and tripping hazards for at least a five-foot (5') width walkway around the entire pool.
         (C)   Spray Pad and Features. The water must be flushed to waste and not discharged into the spray pad treatment tank. Flushing may be accomplished by use of a hose supplied with potable water or by operation of the spray features providing it adequately flushes the entire pad surface and is discharged to waste. The spray pad and features shall be kept free of sediment and visible soil.
      (6)   Spa pools. Spa pools shall be drained and cleaned when needed, and not less than once every two weeks. Placement of chairs or other furniture shall be prohibited within three feet of the edge of any spa pool.
      (7)   Food and drinks. Glass and sharp objects are prohibited in the pool and on spray pad and all deck areas.
      (8)   For pools, ladders, handrails, diving equipment, lifeguard chairs, slides and other deck equipment shall be kept firmly secured to the deck and maintained in good repair.
      (9)   Floats or tubes not in use shall be removed from pool.
      (10)   Safety ropes (for pools). Safety ropes shall be kept in place except when pool is being used exclusively for lap swimming or competition.
      (11)   Starting blocks (for pools). Starting blocks shall only be used during supervised practices or swim meets, otherwise the starting blocks shall be removed or secured to prevent use by an untrained person.
      (12)   Deck slides (for pools). Deck slides shall be installed and maintained in accordance with the provisions of 24 RCNY Health Code § 165.41(q).
      (13)   Rolling bulkheads (for pools). Rolling bulkheads, when used, shall be provided with traction wheels running on the pool floor or alternatively in the overflow gutter. When not in use these should be stored in a safe manner.
      (14)   Hosing. A minimum length of 50 feet of hosing shall be provided and available to flush the entire deck area. Hose bibbs shall have antisiphonage devices. The hosing unit shall not be used to fill make-up water into the pool.
      (15)   Water level for diving (for pools). The water level in the pool shall be maintained to provide the required depths in areas for diving as provided below:
         (A)   Swimming pools equipped with diving boards prior to March 30, 1988, shall meet the minimum water depth and swimming pool and diving board dimensions shown in Columns (1) to (4) in Table 2. The minimum water depth requirement for one meter boards used only for competitive use and training or used in physical education instruction at schools shall meet criteria in Columns 2, 3 and 4 for 26" - 30" boards listed in Table 2.
         (B)   Swimming pools equipped with diving boards after March 30, 1988, shall meet the criteria shown in Table 3. Minimum dimensions for pools with diving equipment are shown in Table 3 of 24 RCNY Health Code § 165.41.
         (C)   Head-first diving from the pool deck is prohibited in water depths less than eight feet except during competitive swimming or swimmer training activities.
Table 2: Minimum Water Depth Requirement 
Board Height above Water
(1) Minimum Board Overhang over Water
(2) Minimum Water Depth in Diving Area
(3) Minimum Diving Area forward of Board Tip
(4) Maximum Slope to 5' Water Depth
Width
Length
Up to 24"
2'6"
8'
4'
13'6"
1:3
> 24" - 26"
2'6"
8 1/2'
8'
10'
1:3
> 26" - 30"
3'
9'
16'
10'
1:3
> 30"
4'
11'
16'
20'
1:2
1 meter
4'
11'
16'
16'
1:3
> 1 meter
6'
12'
20'
20'
1:2
 
   (b)   Bather loads. The number of patrons within a pool enclosure shall not exceed the maximum permissible loading established by 24 RCNY Health Code § 165.41(m). The bather load shall be posted at the entrance or at a location where it can be seen by all patrons. The pool operator shall be responsible for controlling the number of bathers so that the maximum capacity is not exceeded.
   (c)   Bathhouse and bather preparation facilities. All facilities shall be ventilated and maintained. The floors, walls, fixtures, showers, and toilets shall be kept clean, free of dirt and debris and in good condition. Floors shall be maintained in a slip-resistant condition. Soap dispensers shall be filled and operable. A supply of toilet paper shall be provided at each toilet at all times. All lavatories shall be provided with soap, paper towels or electrical-drying units, and covered waste and sanitary napkin receptacles where appropriate. Showers, when provided, shall be supplied with water at a temperature no more than 110°F Thermostatic, and tempering or mixing valves shall be kept in good operation to prevent scalding of the users. Shower curtains shall be kept clean. Foot showers, if used, shall be kept clean and free of puddled water. The use of foot baths is prohibited.
   (d)   Care of suits and towels. All swimming suits and towels used by the public and maintained for public use shall be washed with a detergent in hot water, rinsed and thoroughly dried after each use.
   (e)   Security. All doors or gates into the bathing area shall be maintained and checked for proper operation. They shall be kept closed and locked when the facility is closed.
   (f)   Noise. If the noise is excessive such that instructions cannot be heard, corrective action shall be taken.
   (g)   Pools temporarily out of service or abandoned. Pools temporarily not in use or not intended for use shall either be covered securely, or emptied, or secured in a manner approved by the department, by the owner of the property upon which the pool is constructed, or the bathing establishment operator or owner. Water shall not be permitted to accumulate around the pool or on pool covers so as to provide a breeding area for mosquitoes or other insects.
   (h)   Sauna and steam rooms. All sauna and steam rooms shall be maintained pursuant to manufacturers' instruction and operated in a safe, clean and sanitary condition which shall include compliance with the following requirements:
      (1)   Saunas shall be inspected regularly for the required maintenance to heater, controls and benches. Wood surfaces showing any signs of deterioration shall be replaced.
      (2)   Pouring water on heater or heating elements is prohibited during operating hours.
      (3)   Flammable materials such as gasoline, thinners, or paints, shall not be kept at the steam generator area.
§ 165.29 Operation and Maintenance of Mechanical Equipment.
   (a)   Manual. A manual for operation of the pools and/or spray grounds shall be provided, maintained and available to the pool operator. It shall include instructions for each filter, pump or other piece of equipment, drawings, illustrations, charts, operating instructions and parts list, to permit installation, operation, winterization and maintenance. All valve operating procedures and schedules shall be provided in the equipment room for each mode of operation (recirculation, filtration, backwashing) with piping labeling and flow directions. The mechanical equipment shall be inspected and maintained in accordance with the manufacturers' recommendations and to ensure proper operation.
   (b)   Pumps, filters, ultraviolet disinfection system, disinfectant or chemical feeders, flow meters, gauges, and all related components of the pool water and/or spray pad treatment tank recirculation system shall be kept in continuous operation 24 hours a day to provide water quality consistent with 24 RCNY Health Code § 165.23 and 24 RCNY Health Code § 165.25. The water level in the spray pad treatment tank shall be maintained continuously by an automatic level control system. The spray pad treatment tank shall be completely drained and cleaned at a frequency necessary to maintain water quality. Pool and/or spray ground equipment and appurtenances shall be operated and maintained in accordance with approved plans and specifications. They shall not be altered or modified in any way unless approved by the Department.
   (c)   Inlet fittings.
      (1)   For pools, inlets shall be checked frequently to ensure that the rate of flow through each inlet establishes a uniform circulation of water and facilitates the maintenance of a uniform disinfectant residual throughout the pool.
      (2)   For spray grounds, inlets shall be adjusted to produce uniform circulation of water and to facilitate the maintenance of a uniform disinfectant residual throughout the spray pad treatment tank.
   (d)   Main drains and deck drains. Main drain and deck drain grates shall be secured in place at all times. Broken or missing main drain grates shall be repaired or replaced before the pool and/or spray pad is used.
   (e)   Vacuum cleaners (for pools). Vacuum cleaning shall not be conducted when pool is in use.
   (f)   Filtration. The filtration flow rate shall not exceed the maximum filtration design flow rate specified by the filter manufacturers' specifications and in accordance with N.S.F. standards.
      (1)   Sand filters.
         (A)   The flow rate shall not exceed fifteen gallons per minute per square foot (15 gpm/ft 2 ) of filter area for high-rate sand filters, and shall not exceed three gallons per minute per square foot (3 gpm/ft 2 ) for other sand filters.
         (B)   Filter air release valve shall be opened daily or more frequently as necessary to remove air which collects in the filter.
         (C)   Sand filter shall be backwashed at a flow rate of twelve to fifteen gallons per minute per square foot (12 to 15 gpm/ft 2 ) or at the design rate specified by the manufacturers.
      (2)   Diatomaceous earth filters. Diatomaceous earth filters shall be properly maintained and operated according to the manufacturers' instructions and at a filter rate not exceeding two gallons per minute per square foot (2 gpm/ft 2 ) with body feed or 1.5 gpm/ft 2 without body feed. The backwash water should be managed and disposed of as required by 24 RCNY Health Code § 165.33(b) and 24 RCNY Health Code § 165.43(b)(2).
      (3)   Cartridge filters.
         (A)   Cartridge filters shall be operated at a filter rate not to exceed the design or a maximum of 0.375 gallons per minute per square foot (0.375 gpm/ft 2 ) for cartridge filters.
         (B)   Cleaning of the cartridges shall be accomplished according to manufacturers' instruction either in place or by cartridge removal, depending on the type of unit installed.
         (C)   One complete spare set of cartridges shall be available for replacement at all times to facilitate cleaning.
   (g)   Surface skimmer system (for pools). The perimeter overflow systems or automatic surface skimmers shall be clean and free of debris which would restrict flow. Skimming weirs shall be maintained and operated in accordance with 24 RCNY Health Code § 165.45(h)(2)(D). The strainer baskets for skimmers shall be cleaned daily to prevent clogging of suction line and cavitation. One spare strainer or screen shall be readily available for replacement. Broken or missing strainers or screens shall be replaced. The flow through each skimmer shall be adjusted as often as necessary to maintain a vigorous skimming action which will remove all floating matter from surface of the water. The skimmer covers shall be securely fastened. The pool water shall be maintained at an elevation such that effective surface skimming of entire pool surface is accomplished. For pools with perimeter overflow systems, adequate surge storage capacity shall be maintained so that flooding of the perimeter overflow system does not occur during periods of peak usage. The flow returning from the pool shall be balanced or valved such that the majority of flow is returned through the perimeter overflow or skimmer system.
   (h)   Chemical feeders. All chemical feeders shall be periodically inspected and serviced in accordance with the manufacturers' instructions.
   (i)   Flow meters. All flow meters shall be maintained in accurate operating condition and the glass and connecting tubes shall be kept clean.
   (j)   Piping. All exposed piping and valves shall be properly color coded pursuant to 24 RCNY Health Code § 165.45(c)(3).
   (k)   Lighting and electrical equipment.
      (1)   All lighting and electrical equipment shall be maintained in good repair and in good operating condition. Defects in the electrical system, including but not limited to wiring, pumps, underwater lights, overhead lights or their respective lenses, shall be immediately repaired.
      (2)   Portable AC electrical devices, such as announcing systems and radios within the reach of patrons, shall be prohibited.
      (3)   Windows and lighting equipment shall be adjusted to prevent glare and excessive reflection on the pool surface. Illumination levels shall be maintained in accordance with the provisions in 24 RCNY Health Code § 165.47.
      (4)   No overhead electrical wiring shall pass within 20 feet of the pool and/or spray pad except where covered and secured in a ceiling.
      (5)   When underwater lighting is not provided and night swimming is permitted, surface lighting shall be adequate to allow an observer on the deck to clearly see the pool bottom. Emergency lighting shall be maintained as required by 24 RCNY Health Code § 165.47(a)(7).
      (6)   At all indoor spray pads and spray pads used at night, surface lighting shall be adequate to allow an observer to clearly see the spray pad and deck.
      (7)   Defects in the electrical system, including overhead lights and the respective lenses, shall be immediately repaired.
   (l)   Ventilation and heating. Ventilation, heating and exhaust equipment shall be maintained and operated to provide air movement and temperature pursuant to 24 RCNY Health Code § 165.47(b) and (c).
   (m)   Ultraviolet light or equivalent treatment process. Ultraviolet light disinfection or equivalent treatment process shall be provided and maintained to disinfect water provided to the spray pad in accordance with 24 RCNY Health Code § 165.45(l)(9). The ultraviolet light units shall be cleaned in accordance with the manufacturer's specifications. When the output intensity falls below the setpoint intensity, conditions causing decreased ultraviolet light intensity at the sensor shall be evaluated and corrected. When the decreased ultraviolet light intensity is due to lamp failure, the ultraviolet lamp(s) shall be replaced in accordance with manufacturer's recommendations.
   (n)   Sauna. Installation of the heating unit, maintenance of and other electrical installation shall be performed by a qualified licensed electrician.
§ 165.31 Chemical Handling and Storage.
   (a)   General requirements. All chemicals used in pools and/or spray grounds shall be handled and stored in accordance with manufacturers' recommendations and applicable law. Only chemicals used by the United States Environmental Protection Agency, specified as food additives by the United States Food and Drug Administration as potable use approved by NSF, or by the State Commissioner of Health, shall be used. Each chemical shall be kept covered and stored in the original, labeled container with the identity of the chemical and appropriate hazard warnings clearly labeled, away from flame and heat sources, and in a clean, dry, well-ventilated place which prevents unauthorized access to the chemicals. The facility shall maintain the manufacturer's instructions for all chemicals in the facility.
   (b)   Mixing. When mixing a chemical solution the pool operator shall mix the chemical in water. Each chemical or chemical solution shall be separately applied. Chemicals shall not be combined or mixed together prior to application. Clean inert materials shall be used for container and mixing tools, and mixing shall be done by pouring the chemical into water. Mixing shall not be accomplished by pouring water into the chemical.
   (c)   Method. The method for addition of pool water treatment chemicals shall be specified in the pool safety plan. The method of chemical addition shall protect the patron from contact with concentrated chemicals. The method shall provide adequate distribution of the chemical throughout the pool and distribution shall be verified by pool water testing prior to bather exposure.
   (d)   Smoking. Smoking shall be prohibited in the chemical storage area or by anyone who is handling chemicals.
   (e)   Carbon dioxide (CO2 ). CO2 cylinders should be stored in a protective enclosure at the exterior of occupied structures. CO2 cylinders used in the interior of occupied structures shall be placed only in a ventilated enclosure pursuant to 24 RCNY Health Code § 165.47.
   (f)   Hypochlorite. Hypochlorite shall be used with extreme caution during handling or mixing. When using calcium hypochlorite, the pool operator shall not mix or contaminate the hypochlorite with organic matter or any foreign material (such as household products, soap products, ammonia, paint products, solvents, acids, vinegar, or dirty rags) which may result in fire or decomposition explosion.
§ 165.33 Water Supply and Waste Water Disposal.
   (a)   Water supply. The water supply serving all plumbing fixtures, including drinking water fountains, lavatories and showers shall meet the provisions of 24 RCNY Health Code § 165.43.
   (b)   Waste water disposal. All waste water from a bathing establishment shall be discharged in such manner that waste water cannot be siphoned, flooded or otherwise discharged into the pool. The sanitary sewer serving the bathing establishment shall be discharged to a municipal sewer system or other approved disposal system. Wash or backwash water shall not be discharged to the ground surface.
   (c)   Diatomaceous earth filter wash. Diatomaceous earth filter wash or backwash water shall first pass through a separation tank designed for removal of the diatomaceous earth and suspended solids before discharging to an approved sanitary sewer system. The separation tank sludge shall be disposed of or treated as a solid waste material in accordance with applicable law.
§ 165.35 Garbage and Refuse Disposal.
All garbage and refuse produced in connection with the operation of the bathing establishment shall be properly stored, collected, and disposed of in a sanitary manner to prevent harborage of rodents, insect attraction or breeding, odors, environmental pollution and accidents.
§ 165.37 Drowning and Injury or Illness Incident Notification and Reporting.
   (a)   Twenty-four hour notification. All drownings, injuries, or illness in a bathing establishment shall be reported by the owner or operator to the Department within 24 hours of occurrence. A report as specified in paragraph (b) below shall be made to the Department whenever an incident occurs that:
      (1)   Results in death
      (2)   Requires resuscitation
      (3)   Requires referral to a hospital or other facilities for medical attention
      (4)   Involves illnesses associated with the water quality
   (b)   Reporting. The written incident report referred to in paragraph (a) above shall be completed and submitted to the department within seven days. The incident shall be recorded in the log book and shall include:
      (1)   Name of the aquatic supervisory staff or operator
      (2)   The date, time and type of incident
      (3)   Cause of the injuries
      (4)   The extent of injuries, if any
      (5)   Actions taken by persons at the site
      (6)   Witnesses statements
      (7)   Lifesaving and safety equipment used.
§ 165.39 Record Keeping.
   (a)   Pools. The owner or person in charge of a pool shall maintain daily operational records and log book which shall include the following information: number of bathers; quantity of water added; length of time pumps and filters are in operation; time when each filter is backwashed or cleaned; quantity of each chemical added; time when the bottom and sides of the pool are cleaned; the results of all tests for hydrogen ion and residual chlorine; and other information the Department may require to demonstrate compliance with this Code. A copy of the daily operational records shall be forwarded to the Department at monthly intervals. Copies of the records shall also be kept at the bathing establishment for inspection by the Department for a period of six months from the date of the creation of the record.
   (b)   Sauna and steam rooms. The person in charge of a sauna or steam room shall maintain a daily log of quarter-hour inspections, unless a one-hour timer is provided pursuant to 24 RCNY Health Code §§ 165.15(c) and 165.63(c). Copies of the records shall be readily available for inspection by the department at the facility for a period of six months from the date of the creation of the record.
   (c)   Spray Grounds. The owner or person in charge of a spray ground shall maintain a daily operational record and log book which shall include the following information: quantity of water added; length of time pumps and filters are in operation; time when each filter is backwashed or cleaned; quantity of each chemical added; time when the spray pad and treatment tank are cleaned; the results of all tests for hydrogen ion and residual chlorine; dates and type of light cleaning maintenance and lamp replacement work for ultraviolet light system and other information the Department may require to demonstrate compliance with this Code. A copy of the daily operational records shall be forwarded to the Department at monthly intervals. Copies of the records shall also be kept at the bathing establishment for inspection by the Department for a period of twelve months from the date of the creation of the record.
Loading...