Chapter 28 - Public Pool And Spa Health And Safety
CHAPTER 28 - PUBLIC POOL AND SPA HEALTH AND SAFETY
35-28-101. Definitions.
(a) As used in this act:
(i) "Bathhouse" means a structure that containsdressing rooms, showers and toilet facilities for use with an adjacent publicpool;
(ii) "Department" means the Wyoming department ofagriculture;
(iii) "Director" means the director of the Wyomingdepartment of agriculture or his duly authorized representative;
(iv) "Imminent health hazard" means a significantthreat or danger to health when there is evidence sufficient to show that aproduct, practice, circumstance or event creates a situation that requiresimmediate correction or cessation of operation to prevent injury based on:
(A) The number of potential injuries; and
(B) The nature, severity and duration of the anticipatedinjury.
(v) "Local health department" means a healthdepartment established by a county, municipality or district pursuant to W.S.35-1-301 et seq.;
(vi) "Person" means municipalities, recreation districts,counties, state agencies, individuals, corporations, partnerships, enterprisesor associations;
(vii) "Pool" means an artificial structure containingwater used for swimming, bathing, diving, surfing, wading or a similar use andoperated by an owner, lessee, operator, licensee or concessionaire regardlessof whether a fee is charged for use;
(viii) "Public pool" means a pool that is open to thepublic or a segment of the public;
(ix) "Regulatory authority" means the authority whichissued the license or adopted the rule or regulation being enforced includingthe department of agriculture or local health department;
(x) "Spa" means a bathing facility including, but notlimited to, a hot tub or whirlpool designed for recreational or therapeutic useand not designed to be drained, cleaned and refilled for each use. Spas aredesigned to provide a means of agitation, which may include, but is not limitedto, hydro jet circulation, hot water, cold water, mineral baths, air inductionsystems or any combination thereof;
(xi) "Swimming pool" means a body of water, other thana natural swimming area, maintained exclusively for swimming, recreativebathing or wading, and includes appurtenances used in connection with theswimming pool;
(xii) "Waterborne disease outbreak" means theoccurrence of two (2) or more cases of a similar illness resulting from theingestion of water from a common water source;
(xiii) "Waterborne illnesses" means illnesses caused bymicroorganisms, including, but not limited to, cryptosporidium, giardia,pseudomonas, E. coli 0157:H7 and shigella and spread by accidentally swallowingwater that has been contaminated with fecal matter;
(xiv) "This act" means W.S. 35-28-101 through35-28-110.
35-28-102. Establishment of a safety program.
(a) The director shall establish and maintain a public pool andspa health and safety program. The director shall carry out provisions of thepublic pool and spa health and safety program and shall be assisted by thedepartment of health. A local department of health, if established according tolaw, may establish and maintain its own local public pool and spa health andsafety program so long as the program meets the requirements of this act andregulations adopted pursuant to this act. The director or his designee shall:
(i) Gather health and safety information related to publicpools and spas and disseminate the information to the public, public pool orspa industry and local departments of health which have implemented a healthand safety program;
(ii) On a voluntary basis, provide health and safety trainingfor the pool and spa industry in this state, and work with other state, localand federal agencies to coordinate public health and safety educationalefforts;
(iii) Regulate the health and safety of public pools and spas. Inany area which does not have a local public health and safety programestablished pursuant to law, the department shall issue licenses, conductinspections and hold hearings to enforce any legal provision or rule adoptedunder this act;
(iv) Maintain a statewide database of public pool and spalicense and inspection results;
(v) Work with federal, state and local agencies to coordinatepublic health and safety efforts and activities related to public pools andspas and coordinate with all other agencies to maintain consistency ininspection and enforcement activities;
(vi) Establish health and safety priorities related to publicpools and spas for this state;
(vii) Provide laboratory support if needed for the analysis ofwater samples used to support inspection activities and to monitor health andsafety;
(viii) Provide support for local health and safety programsrelated to public pool and spa programs as authorized by the legislature;
(ix) Take appropriate action against any person holding a publicpool and spa license for the purpose of protecting the public health andpreventing the transmission of infectious disease.
(b) The director of the department of health or his designee shall:
(i) Investigate all possible waterborne illnesses and outbreaksand request assistance from the department of agriculture and local healthdepartments as necessary;
(ii) Provide support for local health and safety programsrelated to public pool and spa programs as authorized by the legislature;
(iii) Provide laboratory support for water inspection andaccompanying monitoring activities for the health and safety of a publicswimming pool or spa.
(c) Duties of a local health department shall include:
(i) Issuing licenses, conducting inspections, holding hearingsand taking enforcement actions as necessary to carry out the provisions of thehealth and safety program related to public pools and spas;
(ii) Coordinating activities with the department of agriculturein order to provide for statewide consistency; and
(iii) Reporting to the department of health any waterborneoutbreak of illness and assisting the department of health in any outbreakinvestigations if requested.
(d) A local jurisdiction may provide laboratory support forwater inspection and accompanying monitoring activities for the health andsafety of a public swimming pool or spa.
35-28-103. Prohibited acts.
No person shall violate this act or anyregulation adopted in accordance with the provisions of this act.
35-28-104. Cease operations order; injunctive proceedings.
(a) If the director of the department of agriculture or thedirector of the department of health has probable cause to believe that animminent hazard to the public exists from a violation of this act, he may orderany person to immediately cease the practice believed to be a violation of thisact and shall provide the person an opportunity for hearing pursuant to theWyoming Administrative Procedure Act within ten (10) days after issuing theorder.
(b) In addition to any other remedies, the director may applyto the district court for injunctive relief from any person who violates thisact.
35-28-105. Penalties.
Any person who knowingly and intentionallyviolates any provision of this act or regulation adopted pursuant to this actis guilty of a misdemeanor punishable by imprisonment for not more than six (6)months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
35-28-106. Regulations.
The director may adopt regulationsnecessary for the efficient enforcement of this act and to ensure thatappropriate sanitary conditions, public safety and water quality standards aremet by any person engaged in operating a public pool or spa.
35-28-107. Inspections, examinations.
(a) For purposes of enforcement of this act, the director may,upon presenting appropriate credentials to the owner, operator or agent incharge:
(i) Enter at a reasonable time any public pool or spa; and
(ii) Inspect at any reasonable time and within reasonable limitsand in a reasonable manner any public pool or spa and all pertinent equipment,finished and unfinished materials and obtain samples necessary for theenforcement of this act. The frequency of inspections shall be based on therelative risk to public health and safety, with no such facility receiving lessthan one (1) inspection per year.
(b) Upon completion of any inspection under this section butbefore leaving the premises, the director shall give to the owner, operator oragent in charge a report in writing setting forth any conditions or practicesobserved by him which in his judgment indicate that any public pool or spa:
(i) Is not being maintained in whole or in part in a clean andsanitary condition, in good repair and free of safety hazards;
(ii) Through testing, contains water which does not comply withthe requirements set forth in the regulations;
(iii) Is failing to meet generally accepted health practices forpool and spa operation in compliance with the laws and rules pertaining topublic pools and spas;
(iv) Is failing to keep and maintain records pertaining to theoperation and maintenance of the public pool or spa as required by theregulations.
35-28-108. License required; electronic transmittals.
(a) Any person operating a public pool or spa shall obtain alicense from the department of agriculture or a local health department andshall be thoroughly knowledgeable on good practices of swimming pool and spaoperation and with the laws and rules pertaining to public swimming pools, spasand similar installations. The license is not transferable, shall be renewed onan annual basis and shall be prominently displayed in the facility. No publicpool or spa shall operate without a valid license.
(b) Written application for a new license shall be made on aform approved by the department of agriculture and provided by the departmentof agriculture or the local health department and shall be signed by theapplicant. An initial license fee of one hundred dollars ($100.00) shallaccompany each application. All licenses shall expire June 30 of each yearunless suspended, revoked or renewed. Licenses shall be renewed each year uponapplication to the department accompanied by a fee of fifty dollars ($50.00).Any public pool or spa which has a license on the effective date of thissection shall pay a fee of fifty dollars ($50.00) for the following year andshall not be liable to pay the initial license fee of one hundred dollars ($100.00).
(c) Fees collected under this section shall be deposited in aspecial account within the department of agriculture's consumer health servicesfood and license account and distributed monthly as follows:
(i) In any county, city or district without a local healthdepartment established pursuant to W.S. 35-1-301 et seq., the department ofagriculture shall receive ninety percent (90%) of the fee collected and thedepartment of health shall receive ten percent (10%). The revenues received bythe department of agriculture under this paragraph shall be used to defray thecost associated with the public health and safety program related to publicpools and spas;
(ii) In any county, city or district with a local healthdepartment established pursuant to W.S. 35-1-301 et seq., the local healthdepartment shall receive eighty-five percent (85%) of the amount of the feecollected, the department of agriculture shall receive ten percent (10%) andthe department of health shall receive five percent (5%). The revenues receivedby the department of agriculture under this paragraph shall be used to defraythe cost associated with the public health and safety program related to publicpools and spas.
(d) Before approving an application, the department ofagriculture or the local health department shall determine that the facility isin compliance with this act and any regulations adopted pursuant to this act.
(e) The director may allow the licensing, testing, inspectionand reporting requirements of this chapter to be conducted electronically asprovided by the Uniform Electronic Transaction Act, W.S. 40-21-101 through40-21-119 and any applicable federal electronic requirements.
35-28-109. Summary suspension of a license.
(a) A regulatory authority may summarily suspend a license tooperate a public pool or spa if it determines through inspection, water qualitytesting, records or other authorized means, or after consultation with thestate health officer, that an imminent health hazard exists including, but notlimited to, fire, flood, extended interruption of electrical or water service,sewage backup or waterborne illness or disease.
(b) The regulatory authority may summarily suspend a license byproviding written notice of the summary suspension to the license holder or theperson in charge without prior warning, notice of a hearing or a hearing.
(c) The regulatory authority shall conduct an inspection of thefacility for which the license was summarily suspended within forty-eight (48)hours after receiving notice from the license holder stating that theconditions cited in the summary suspension order no longer exist.
(d) A summary suspension shall remain in effect until theconditions cited in the notice of suspension no longer exist and theirelimination has been confirmed by the regulatory authority through reinspectionand other means as appropriate. A suspended license shall be reinstatedimmediately if the regulatory authority determines that the imminent healthhazard no longer exists. A notice of reinstatement shall be provided to thelicense holder or person in charge of the facility.
35-28-110. License revocation.
(a) A regulatory authority may initiate revocation proceedingsfor a license by serving a complaint signed by the director or the director ofa local department of health. The application shall be accompanied by anaffidavit of the director or director of the local department of healthstating:
(i) The condition for the summary suspension has not beencorrected;
(ii) There is a history of noncompliance with this act or theregulations adopted under this act; or
(iii) There was a refusal to grant access to the regulatoryauthority.
(b) If requested, the regulatory authority shall provide noticeand hold a hearing on any revocation proceeding in accordance with theprovisions of the Wyoming Administrative Procedure Act, W.S. 16-3-101 et seq.
(c) If, upon completion of the hearing and consideration of therecord, the department of agriculture or local department of health finds thatthe conditions present at the facility pose an imminent health hazard, there isa history of noncompliance with this act or the regulations adopted under thisact or there was a refusal to grant access to the regulatory authority, theregulatory authority shall issue an order of license revocation which shallinclude findings of fact and conclusions of law, and findings of actionsnecessary to cure the causes leading to the revocation.
(d) The decision of the regulatory authority may be appealed tothe district court pursuant to the Wyoming Administrative Procedure Act, W.S.16-3-101 et seq.