WSR 22-01-010
EXPEDITED RULES
DEPARTMENT OF HEALTH
[Filed December 2, 2021, 9:45 a.m.]
Title of Rule and Other Identifying Information: WAC 246-260-010 Definitions, abbreviations, and acronyms for water recreation facilities and WAC 246-262-010 Definitions, abbreviations, and acronyms for recreational water contact facilities. The department of health (DOH) is proposing to incorporate 2017 suction outlet fitting assemblies (SOFA) standards into the existing rules for use in swimming pools, wading pools, spas, and hot tubs.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapters 246-260 and 246-262 WAC outline requirements necessary to protect the health, safety, and welfare of users of water recreation facilities and recreational water contact facilities, respectively. These two chapters stipulate the use of the American National Standards Institute (ANSI)/Association of Pool and Spa Professionals (APSP) 2011 standards for suction fittings for use in swimming pools, wading pools, spas, and hot tubs.
On May 24, 2019, the federal Consumer Product Safety Commission issued a direct final rule incorporating sections of ANSI/APSP/International Code Council (ICC)-16 2017 as the successor SOFA standard under the Virginia Graeme Baker Pool and Spa Safety Act, with an effective date of November 24, 2020. The Pool and Hot Tub Alliance requested an extension of the effective date for the drain cover standard, citing as justification closures of third-party testing laboratories due to the COVID-19 pandemic. The effective date was extended, and the new standard became effective on May 24, 2021.
As a result of the adoption of the 2017 standard, the "suction fitting standard" definitions in chapters 246-260 and 246-262 WAC are inconsistent with the new federal standard. Now that manufacturers and distributers have started putting products tested and certified to ANSI/APSP/ICC-16 2017 on the market, they will quickly replace the old products. This means that, as time goes on, it will become more difficult to find products that meet the ANSI/APSP-16 2011 on the market. However, covers tested and approved under the old 2011 standard are still safe to use.
DOH requested and received delegated rule-making authority from the state board of health (board) at the board's October 13, 2021, meeting to amend WAC 246-260-010 and 246-262-010 to add the new standard so they align with the federal requirements to allow the use of the new standard. The existing 2011 standard will be retained in the rule at this time.
Reasons Supporting Proposal: Suction outlet covers serve a vital function in pool safety but they can crack, break, or get dislodged due to damages and degradation over time caused by pool chemicals and the sun's ultraviolet rays. As indicated by the manufacturers, the life expectancy of most pool/spa drain covers is typically five to 10 years. Considering that there are thousands of water recreation facilities throughout the state, hundreds of facilities require replacement of old covers each year. Moreover, hundreds of new water recreation facilities are constructed each year in the state, all of which require covers.
The rule making will prevent a potential public health problem. If water recreation facilities have difficulties replacing covers because of lack of availability, the facilities could pose a threat when the existing covers fail. Adding the new 2017 standard to both chapters will allow for use of the existing 2011 standard and the new standard so that water recreation facility owners can replace covers or build new facilities without having challenges purchasing approved drain covers.
Rule is necessary because of federal law, ANSI/APSP/ICC suction fitting outlet cover standard ANSI/APSP/ICC-16 2017
Name of Proponent: State board of health and DOH, governmental.
Name of Agency Personnel Responsible for Drafting: Peter Beaton, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4031; Implementation and Enforcement: Jun Naotsuka, 101 Israel Road S.E., Tumwater, WA 98501, 360-236-3073.
This notice meets the following criteria to use the expedited adoption process for these rules:
Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The proposed rules adopt by reference without material change the following federal standards: ANSI/APSP SOFA 2017 for use in pools, spas, and hot tubs. The purpose of this expedited rule making is to incorporate the latest federal standard and to do so in the most timely manner to minimize burden on the stakeholders.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Peter Beaton, DOH, P.O. Box 47820, Olympia, WA 98504-7820, phone 360-236-4031, email https://fortress.wa.gov/doh/policyreview, AND RECEIVED BY February 22, 2022.
November 24, 2021
Lauren Jenks
Assistant Secretary
OTS-3412.1
AMENDATORY SECTION(Amending WSR 14-08-046, filed 3/27/14, effective 4/27/14)
WAC 246-260-010Definitions, abbreviations, and acronyms.
The definitions in this section apply throughout this chapter unless the context clearly indicates otherwise.
(1) "ALTI" means Advanced Lifeguard Training International.
(2) "ANSI" means American National Standards Institute.
(3) "APHA" means American Public Health association.
(4) "Approved" means the department or local health officer has stated in writing that the design plans and specifications are in accordance with this chapter.
(5) "APSP" means Association of Pool and Spa Professionals.
(6) "ARC" means American Red Cross.
(7) "Architect" means a registered architect currently licensed under chapter
18.08 RCW in Washington state.
(8) "ASA" means American Standards Association.
(9) "ASHRAE" means American Society of Heating, Refrigeration and Air Conditioning Engineers.
(10) "ASTM" means American Society for Testing and Materials.
(11) "Attendant" means a person appointed by the owner or manager meeting the training requirements of this chapter who monitors activities and conditions for the purpose of ensuring bather safety.
(12) "AWWA" means American Waterworks Association.
(13) "Bathing beach" means a bathing place, together with buildings and appurtenances, on a natural pond, lake, stream, or other body of fresh or salt water that is open to the public for bathing by express permission of the owner, operated for a fee, or openly advertised as a place for bathing by the public.
(14) "Board" means the state board of health.
(15) "Branch line" means suction piping between a junction fitting and a suction outlet.
(16) "Commercial strength ammonia" means ammonia having a strength of ((twenty-six))26 degrees Baume.
(17) "Communication system" means any combination of devices permitting the passage of messages between personnel and/or personnel and bathers. Systems can include but are not limited to two-way radios, hard wired intercoms, horns, whistles, hand signals, direct voice, signs, or equivalent.
(18) "Contaminant" means any physical, chemical, or biological substance present in the WRF water which may adversely affect the health or safety of the bather or the quality of the water.
(19) "CPR" means cardiopulmonary resuscitation.
(20) "CPSC" means U.S. Consumer Product Safety Commission.
(21) "Cross-connection" means any physical arrangement connecting:
(a) Potable water system directly or indirectly, with anything other than another potable water system; or
(b) WRF pool to any water source capable of contaminating either the WRF pool, its components, or potable water source as a result of backflow.
(22) "DE" means diatomaceous earth.
(23) "Department" means the Washington state department of health.
(24) "Deep water" means water greater than five feet in depth.
(25) "Diving envelope" means the minimum dimensions of an area within the pool necessary to provide entry from a diving board, platform, or pool decking intended for users to dive.
(26) "E&A" means Ellis and Associates.
(27) "Engineer" means a registered professional engineer currently licensed under chapter
18.43 RCW.
(28) "EPA" means U.S. Environmental Protection Agency.
(29) "Equalizer line outlet" means a suction outlet located on the pool wall below the waterline and connected by pipe to the body of a skimmer to prevent air from being drawn into the pump if the water level drops below the skimmer weir.
(30) "F" means Fahrenheit.
(31) "Fall zones" mean the areas under and around play toys where a person playing on them could fall. These areas should be free of obstacles or other equipment so that there's plenty of room. Basic guidelines include the following:
(a) Fall zones should extend a minimum of six feet in all directions from the perimeter of the play toy equipment.
(b) If the height of an adjacent play toy is ((thirty))30 inches or more, the minimum distance between pieces of play equipment should be at least nine feet.
(32) "FINA" means Federation Internationale de Natation Amateur.
(33) "fps" means feet per second.
(34) "General use pool" means any swimming, spa, wading, or spray pool regulated by this chapter not meeting the definition of a "limited use pool."
(35) "gpm" means gallons per minute.
(36) "Handhold" means a structure not over twelve inches above the water line around the perimeter of the pool wall, affording physical means for the bather to grasp the pool sides.
(37) "IAPMO" means International Association of Plumbing and Mechanical Officials.
(38) "Illness or injury report" means the written record of all facts regarding an injury or illness associated with the WRF.
(39) "Innovative design feature" means a design feature, equipment, device, or operative procedure not specifically covered by these rules or chapter 246-262 WAC.
(40) "Junction fitting" means a pipe fitting in the shape of a "T" or a "Y" used to connect suction outlets to a pump or a balancing tank, and provides two branch line connections and one trunk line connection.
(41) "Licensed medical practitioner" includes medical doctor, osteopath, chiropractor, naturopath, and medical therapist currently licensed in Washington state.
(42) "Lifeguard" means a person meeting the training requirements of these rules appointed by the owner or manager to maintain surveillance over the bathers on the deck or in the pool and to supervise bather safety.
(43) "Lifeguard station" means designated work station of a lifeguard.
(44) "Lifesaving equipment" means emergency equipment and barrier protection.
(45) "Lifesaving Society" means the organization in Canada that establishes training requirements and standards for lifeguard training.
(46) "Limited use pool" means:
(a) Any swimming, spa, wading, or spray pool regulated by this chapter at an apartment, assisted living facility, condominium, fraternity, home owners association, hotel, mobile home park, motel, recreational vehicle park, sorority or rental housing unit for the use of the persons living or residing at the facility and their resident's invited guests.
(b) When organized programs are provided at the facility (including, but not limited to, formal swimming or diving lessons, swim meets, or exercise classes), for users besides those specified under the limited use category, the pool facility shall be considered to be a general use pool during periods of such activity.
(47) "Local health officer" means the health officer of the city, county, or city-county department or district or a representative authorized by the local health officer.
(48) "Main drain" means a submerged suction outlet for transferring water from a swimming pool, spa pool, or wading pool.
(49) "mg/l" means milligrams per liter. When requirements in this regulation specify limits for liquid volume measurements using mg/l or ppm, either may be used depending on the type of testing equipment available.
(50) "NAUI" means National Association of Underwater Instructors.
(51) "NSF" means National Sanitation Foundation.
(52) "NSPI" means National Spa and Pool Institute.
(53) "Outlet drain" means a drain for transferring water from a spray pool.
(54) "Owner" means a person owning and responsible for a WRF or their authorized agent.
(55) "PADI" means Professional Association of Diving Instructors.
(56) "Person" means an individual, firm, partnership, copartnership, corporation, company, association, club, government entity, or organization of any kind.
(57) "Physical plant" refers to pool shell, piping, lighting, ventilation, locker rooms, chemical storage rooms, mechanical rooms, or other structural facility components that are not readily modified. It does not include pumps, filters or disinfection systems.
(58) "Play toy" is a water feature added to a pool for use by bathers that provides activity or action that enhances the overall use of the water environment. Such feature may include, but not be limited to, fixed stationary features, inflatable or floatable equipment, or other equipment with the intent to invite bathers to play on or around the feature.
(59) "Pool" means swimming pool, wading pool, spray pool, or spa pool or the like.
(60) "ppm" means parts per million. See notation under mg/l for use.
(61) "Private club" means a group or organization requiring membership enrollment.
(62) "Radius of curvature" means the radius arc denoting the curved surface from the point of departure from the springline (vertical sidewall) of the pool to the pool bottom.
(63) "Response time" means time between bather distress and initiation of rescue assistance contact by a lifeguard in facilities providing lifeguards.
(64) "Recreational water contact facility" means an artificial water associated facility with design and operational features that provide patron recreational activity which is different from that associated with a conventional swimming pool and purposefully involves immersion of the body partially or totally in the water, and that includes but is not limited to water slides, wave pools, and water lagoons. These facilities are regulated by chapter 246-262 WAC.
(65) "Secretary" means the secretary of the department.
(66) "Serious injury" means any injury:
(a) Requiring emergency service response where a person requires medical treatment as determined by the emergency medical response personnel; or
(b) Resulting in a person seeking medical attention at a medical facility, hospital emergency room or admittance to a hospital.
(67) "Shallow water" means water equal to or less than five feet in depth.
(68) "Shallow water lifeguard" means a person appointed by the owner or manager to supervise bather safety in water depths not exceeding five feet who meets the training requirements of this chapter.
(69) "Spa pool" means a pool designed for relaxation or recreational use where the user is usually sitting, reclining, or at rest and the pool is not drained, cleaned, and refilled for each user. The spa pool may include, but not be limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction bubbles in any combination.
(70) "Spray pool" means a pool or artificially constructed depression for use by bathers in which water is sprayed, but is not allowed to pond in the bottom of the pool.
(71) "Springline" means the point where the pool wall breaks from vertical and begins its arc in the radius of curvature (for cove construction) to the bottom of the pool.
(72) "Suction fitting standard" means the ANSI/APSP-16 2011, Suction Fittings for Use in Swimming Pools, Wading Pools, Spas, and Hot Tubs or the ANSI/APSP/ICC-16 2017, American National Standard for Suction Outlet Fitting Assemblies (SOFA) for Use in Pools, Spas and Hot Tubs.
(73) "Suction outlet" means a fitting, fitting assembly and related components including the sump or bulkhead fitting, cover and hardware, that provides a localized low pressure area for the transfer of water from a water recreation facility. Types of suction outlets include main drains, equalizer line outlets, and submerged outlet drains.
(74) "Swimming pool" means any structure, basin, chamber, or tank containing an artificial body of water for swimming, diving, relaxation, or recreational bathing and having a depth of two feet or more at any point and including all associated facilities.
(75) "Swim spa" means a type of spa pool used primarily for stationary swimming.
(76) "Trunk line" means suction piping between a junction fitting and a pump or a balancing tank.
(77) "TU" means turbidity unit as measured by the nephelometric method.
(78) "Turnover time" means the minimum time necessary to circulate the entire volume of the pool facility through the treatment system.
(79) "UBC" means Uniform Building Code.
(80) "UL" means Underwriters' Laboratories.
(81) "Wading pool" means any artificial pool of water equal to or less than two feet deep and intended for wading purposes.
(82) "Walking surface" means any surface used as a direct access surface for a pool area and the walking surface's change room facilities where the user is barefoot.
(83) "Water treatment operator" means the appointed person operating the physical and mechanical equipment and performing related water quality monitoring and associated record keeping for proper operation of the physical facility.
(84) "Water recreation facility" means any artificial basin or other structure containing water used or intended to be used for recreation, bathing, relaxation or swimming, where body contact with the water occurs or is intended to occur and includes auxiliary buildings and appurtenances. The term includes, but is not limited to:
(a) Conventional swimming pools, wading pools, and spray pools;
(b) Recreational water contact facilities as defined under RCW
70.90.110 and regulated under chapter 246-262 WAC;
(c) Spa pools and tubs using hot water, cold water, mineral water, air induction, or hydrojets; and
(d) Any area designated for swimming in natural waters with artificial boundaries within the waters.
(85) "WRF" means water recreation facility.
(86) "WRPA" means Washington Recreation and Parks Association.
(87) "WSDA" means Washington state department of agriculture.
(88) "YMCA" means Young Men's Christian Association.
OTS-3413.1
AMENDATORY SECTION(Amending WSR 12-17-102, filed 8/17/12, effective 9/17/12)
WAC 246-262-010Definitions, abbreviations, and acronyms.
The definitions in this section apply throughout this chapter unless the context clearly indicates otherwise.
(1) "Advanced first aid" means a course of instruction recognized by the American Red Cross, department of labor and industries, the U.S. Bureau of Mines, or fire services training program.
(2) "ANSI" means American National Standard Institute.
(3) "Approved" means the department or local health officer has stated in writing that the design plans and specifications are in accordance with chapter 246-262 WAC.
(4) "ARC" means American Red Cross.
(5) "Architect" means a registered architect currently licensed under chapter
18.08 RCW in Washington state.
(6) "APSP" means Association of Pool and Spa Professionals.
(7) "ASTM" means American Society for Testing Material.
(8) "Attendant" means a person trained to operate an attraction and control the users in a safe orderly manner.
(9) "Attraction or ride" means any of the specific types of recreational facilities involving partial or total immersion or intentional contact with the water designated for public recreational use.
(10) "Biomechanics" means the study of the human body as a system operating under the laws of Newtonian mechanics and the biological laws of life.
(11) "Board" means the state board of health.
(12) "Boogie or mini-surf board" means any semirigid device used in a wave pool for flotation or as a riding device.
(13) "Branch line" means suction piping between a junction fitting and a suction outlet.
(14) "Centerline" means the path defined by geometric midpoints of a component or structure, generally used in consideration of the slide path in flume rides.
(15) "CNCA" means Council for National Cooperation in Aquatics.
(16) "Communication system" means any combination of devices permitting the passage of or exchange of messages between park operating personnel and between operating personnel and users. Systems can include, but are not limited to, two-way radios, hardwired intercoms, horns, whistles, hand signals, direct voice, signs, or equivalent.
(17) "Contaminant" means any physical, chemical or biological substance present in the RWCF water which may adversely affect the health or safety of the user and/or the quality of the water.
(18) "Cross-connection" means any physical arrangement connecting:
(a) A potable water system directly or indirectly, with anything other than another potable water system; or
(b) A RWCF to any potable or nonpotable water source capable of contaminating either the RWCF or potable water source as a result of backflow.
(19) "Department" means the Washington state department of health.
(20) "Discharge section" means the component or components making up the exit of the water slide, water tube, inner tube ride, speed slide, ramp slide, drop slide or drop tube, or kiddie flume. These components are the elements controlling the final direction and speed of the user.
(21) "Diving envelope" means the minimum dimensions of an area within the pool necessary to provide entry from a diving board, platform, or attraction segment where users enter above pool water level.
(22) "Drop slide or drop tube ride" means a sloped trough, chute, or tube exiting the user above the pool operating water level.
(23) "Engineer" means a registered professional engineer currently licensed under chapter
18.43 RCW in Washington state.
(24) "Entry access points" means the areas where users enter an attraction.
(25) "Entry rate" means the frequency at which users are permitted access to the attraction.
(26) "Equalizer line outlet" means a suction outlet located on the pool wall below the waterline and connected by pipe to the body of a skimmer to prevent air from being drawn into the pump if the water level drops below the skimmer weir.
(27) "Ergonomics" means a multidisciplinary activity dealing with the interactions between humans and their environment plus the traditional environmental elements atmosphere, heat, light, and sound, as well as objects with which the user comes in contact.
(28) "FINA" means Federation Internationale de Natation Amateur.
(29) "Flume or tube entry" means the area at which users enter a water slide, water tube, inner tube ride, speed slide, drop slide, drop tube, or kiddie flume.
(30) "fps" means feet per second.
(31) "gpm" means gallons per minute.
(32) "IAAPA" means International Association of Amusement Parks and Attractions.
(33) "Injury or illness report" means the written record of all facts regarding an injury or illness associated with the RWCF.
(34) "Inner tube ride" means an attraction where users ride inner tube-like devices through a series of chutes, channels, flumes, and pools.
(35) "Innovative recreational water contact facility" means any type of RWCF currently unregulated.
(36) "Intermediate pool" means any pool between the entry and exit pools in attraction using a series of pools.
(37) "Junction fitting" means a pipe fitting in the shape of a "T" or a "Y" used to connect suction outlets to a pump or a balancing tank, and provides two branch line connections and one trunk line connection.
(38) "Kiddie flume or tube attraction" means a flume, chute, or tube designated for and restricted to use by small children.
(39) "Lifeguard" means an individual currently certified by red cross in advance lifesaving or lifeguard training, or YMCA senior lifesaver, or equivalent certification through the royal Canadian lifeguard services.
(40) "Lifeguard station" means the designated work station of the lifeguard.
(41) "Local health officer" means the health office of the city, county, or city-county department or district or a representative authorized by the local health officer.
(42) "Main drain" means a submerged suction outlet for transferring water from a recreational water contact facility.
(43) "mg/l" means milligrams per liter.
(44) "Multiactivity pool" means a pool with more than one type of attraction (i.e., an adult activity pool with a series of tubes, chutes, cable rides, etc., intended for use by individuals with specific swimming abilities).
(45) "NSF" means National Sanitation Foundation.
(46) "NSPI" means National Spa and Pool Institute.
(47) "Operating levels" means water levels maintained within attractions during use for proper operation of facility and for controlling safety and sanitation.
(48) "Operations" means all aspects of a RWCF, which must be controlled to make the facility safe, healthy, and usable for the purpose intended.
(49) "Owner" means a person owning and responsible for a RWCF or authorized agent.
(50) "Person" means an individual, firm, partnership, co-partnership, corporation, company, association, club, government entity, or organization of any kind.
(51) "Ponding" means a condition where water fails to drain from walking surfaces.
(52) "ppm" means parts per million.
(53) "Primary zone of visual coverage" means the area assigned to a lifeguard or attendant for primary visual surveillance of user activity.
(54) "Radius of curvature" means the radius arc which denotes the curved surface from the point of departure from the vertical sidewall (springline) of the pool to the pool bottom.
(55) "Ramp slide" means a slide allowing one or more users to slide in unison down a straight incline to a runout or a receiving pool.
(56) "Recirculation filter water" means water which is recirculated by the RWCF for treatment purposes, i.e., filtration and disinfection.
(57) "Response time" means elapsed time between bather distress and initiation of rescue assistance by a lifeguard (or attendant where applicable).
(58) "RWCF" means recreational water contact facility which is an artificial water associated facility with design and operational features that provide patron recreational activity which is different from that associated with a conventional swimming pool and purposefully involves immersion of the body partially or totally in the water and includes, but is not limited to, water slides, wave pools, and water lagoons.
(59) "Secretary" means the secretary of the department.
(60) "Serious injury" means any injury requiring admission to a hospital.
(61) "Speed slide or speed tube" means a sloped trough, flume, tube, or roller track having long straight and/or steep drops where users sustain speeds of ((twenty))20 miles per hour or more.
(62) "Springline" means the point from which the pool wall breaks from vertical and begins its arc in the radius of curvature (for coved construction) to the bottom of the pool.
(63) "Suction fitting standard" means the ANSI/APSP-16 2011, Suction Fittings for Use in Swimming Pools, Wading Pools, Spas, and Hot Tubs or the ANSI/APSP/ICC-16 2017, American National Standard for Suction Outlet Fitting Assemblies (SOFA) for Use in Pools, Spas and Hot Tubs.
(64) "Suction outlet" means a fitting; fitting assembly and related components, including the sump or bulkhead fitting, cover, and hardware that provides a localized low pressure area for the transfer of water from a recreational water contact facility. Types of suction outlets include main drains and equalizer line outlets.
(65) "Surfboard" means a rigid device used in a wave pool for riding.
(66) "Tail coverage" means providing insurance coverage for a given period of time for discovery of claims made after the policy term for "claims made" type of insurance.
(67) "Total turnover" means the time it takes for the pool attraction water volume to be recirculated as a sum of the flows from treatment turnover and attraction recirculation systems turnover.
(68) "Treatment turnover" means the minimum time necessary to circulate the entire attraction water volume through the recirculation filter system.
(69) "Trunk line" means suction piping between a junction fitting and a pump or a balancing tank.
(70) "T.U." means turbidity unit as measured by the nephelometric method.
(71) "Wading activity pool" means a pool or area less than ((twenty-four))24 inches in total water depth with activities intended for younger children.
(72) "Walking surface" means any direct access surface to the attractions or change rooms where the user will be in bare feet. Areas set aside for picnicking, sunbathing, and lounging are excluded.
(73) "Water slide or water tube" means a sloped trough-like flume or tube structure of varying slope and direction using water as a lubricant and/or method of regulating the rider speed.
(74) "Water treatment operator" means the person appointed to operate the mechanical equipment and perform related water quality monitoring for proper operation of the physical facility.
(75) "Wave pool" means a recreational pool producing waves which usually begin at the deep end and proceed toward and dissipate at the shallow end.
(76) "WWA" means World Waterpark Association.