Wisconsin s s Public Pool and Water Attraction Program: The New Pool Code

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1 Wisconsin s s Public Pool and Water Attraction Program: The New Pool Code David W. Pluymers, MSTHA, RS Program Manager Recreational Waters/ Recreational and Educational Camps Wisconsin Division of Public Health

2 The New Pool Code Almost 5 years in the making. Published in August 2007 and will go into effect on February 1, New focus on public pools and water attractions. Improvements based on research, new designs, new science and engineering. It s s not just rectangular swimming pools anymore.

3 The Rulemaking Process Agency [DHFS] Notice of Intent: Scope Statement Published on 11/29/2002 Updated on 6/18/2003

4 The Rulemaking Process Initial Rules Proposed: Initial Proposed Rulemaking Order Published on 7/7/2006 Fiscal Estimate Published on 7/7/2006 (Analysis to determine effect on small business.)

5 The Rulemaking Process Comment Period on Proposed Rules: Public Hearing Notice Published on 7/7/2006 Clearinghouse Review of Rule Published on 8/1/2006 Public Hearings: Madison on 8/9/2006 Wausau on 8/10/2006

6 The Rulemaking Process Rules Sent to the Legislature: Report to the Legislature Published on 3/28/2007 Final Proposed Rulemaking Order Published on 3/28/07

7 The Rulemaking Process Extension: Assembly Committee s s review period extended to 5/10/2007. (To address WACO and WIA concerns.) Rules Filed: Final Rulemaking Order Filed Published on 7/2/2007

8 The Rulemaking Process Signed by the DHFS Secretary in July 2007 Published in the Wisconsin Administrative Register in August 2007 Effective Date: The rules shall take effect on the first day of the sixth month (2/1/08) following publication.

9 The Rulemaking Process The HFS 172 Code Committee: Todd Winkler, Wisconsin Innkeepers Association, owner of Holiday Inns Tom Carrico, Carrico Aquatic Resources, commercial pool industry Bob Kappel, Neuman Pools Representative, commercial pool industry Jason Hammond, Family Land Water Park Don Lauritzen,, American Red Cross Lynita Docken, Department of Commerce Todd Drew, Menasha Health Department Steve Todd, Waukesha County Health Department Duane Jackson, Madison City Health Department Dave Krey,, Milwaukee Health Department Mary Ellen Bruesch,, Communicable Disease Sect., Milwaukee Health Dept. Tracynda Davis, Department of Health & Family Services

10 Reasons for the Rule Change Current HFS 172 was last revised in Significant changes in the water recreation industry in years. New code addresses many new pool and water attraction types. New code allows sufficient flexibility for the development of new water attraction features. Department of Commerce stopped inspecting water slides in May 2003 (Comm 34).

11 One Program Two Agencies Comm 90 Department of Commerce Design and Construction 6 Contract Inspectors Lynita Docken, Prog. Mgr. Department of Health & Family Services HFS 172 Operation, Safety and Maintenance 23 State Health Inspectors Numerous Local Inspectors David Pluymers, Prog. Mgr.

12 Wisconsin Division of Public Health Department of Health and Family Services (DHFS) Division of Public Health Regional Offices (Inspectors) Bureau of Environmental and Occupational Health Food Safety and Recreational Licensing Section (Program Manager)

13 State & Local Jurisdictions Wisconsin Statute (1)(b): The department [DHFS] shall serve as the state lead agency for public health. WI Statute (Environmental Health): The department [DHFS] may designate a local health department to carry out a function of the department

14 Terminology - Pools Pool: : a structure, basin, chamber or tank used for wading, swimming, diving, water recreation or therapy. Public Swimming Pool: : pool or mobile pool serving or installed at a political subdivision (government), motel, hotel, tourist rooming house, B&B, campground, resort, camp, club, association, housing development, school, organization (religious, charitable, youth), or institution (educational or rehabilitative).

15 Terminology Water Attractions Water Attraction: : a public facility with design and operational features that provide patron recreational activity other than conventional swimming and involves partial or total immersion of the body. Water Attractions include activity pools, interactive play attractions, leisure rivers, plunge pools, vortex pools, vanishing edge pools, waterslides, run-out slides, drop slides, pool slides, wave pools, zero- dept entry pools, and any public pool with play features except wading pools.

16 Terminology Water Attractions Activity Pool: : a water attraction with a depth greater than 24 designed primarily for play activity that uses constructed features and devices including pad walks, flotation devices and similar attractions.

17 Terminology Interactive Play Interactive Play Attraction ( Splash Pad ): a water attraction using sprayed, jetted, or other water sources contacting patrons and not incorporating standing or caputred water as part of the patron activity area. Attractions

18 Terminology - Slides Pool Slide: : the drop from the slide terminus is < 20 and slide carries < 100 gallons per minute (gpm) of water. Waterslide: : where 100 gpm water is intended to carry a rider down a flume.

19 Terminology - Slides Children s s Slide: 4 high and located in < 24 of water. Drop Slide: : a slide where the terminus is located 20 above the water level.

20 Why have a Pool Code? Recreational Water Illness Outbreaks, United States, Number of Outbreaks Year N=208 MMWR (2006) 55(SS12):1-30

21 Why have a Pool Code? Cryptosporidiosis Outbreaks by Recreational Water Disinfection Use: United States, Number of Outbreaks * * * untreated treated Year *N = 68 thru 2004; numbers are preliminary based on state interactions MMWR (2006) 55(SS12):1-30

22 Why have a Pool Code? Cryptosporidium Seasonality: United States, Number of Case Reports Week of Onset N= 15,406 total case reports N=15,276 have onset dates

23 Pool Code Violations - Nationally Aquatics International,, Nov/Dec 2007, Vol. 19, No. 10

24 Old Code vs. New Code Old Code (May 2002) Last revised in Pages 15 Sections Public Swimming Pools New Code (August 2007) Developed in Pages 37 Sections Public Pools & Water Attractions New Code goes into effect on 2/1/08.

25 What s s New: Fees Type of Facility Permit Fee Pre-Inspection Fee Re-Inspection Fee Pool 1 $150 $150 $75 Water Attraction 2 $175 $175 $75 Water Attraction w/ 2 2 Slides per Basin $250 $250 $125 Water or Pool Slide per Basin $150 $150 $75 1 Including swimming, whirlpool, wading, therapy, exercise, cold soak, mobile, combination, diving and experimental pools. 2 Including activity pools, interactive play attractions, leisure rivers, plunge, vortex, vanishing edge and wave pools.

26 What s s New: Turnover Times (4)(3): Maximum Turnover Times for Therapy and Exercise Pools Temperature ( F) Load (gals/person) 2,500 Max. Turnover Time (hours) > < 450 N/A

27 What s s New: Flowmeters (5) Flowmeters, Valves & Gauges: The Department of Commerce s s pool construction code, Comm 90, requires Compound Gauges before pool recirculation pumps. Pressure gauges should be located after the pump and before the throttling valve.

28 What s s New: Chemical Labeling (1): The label on all pool chemicals other than erosion feeder chemicals must include the chemical manufacturer s name and address not the distributor. Recommendation: do not label chemical containers lids because lids may be mistakenly interchanged.

29 What s s New: Rate-of of-flow Meter (1)(a): A rate-of of-flow flow meter is required to measure chemical flow through the disinfectant feeder system. NOTE: At this time, it is not possible to mount rate-of of-flow flow meters on disinfectant systems flexible tubing.

30 What s s New: Feeder Pump Electrical Connections (1)(c): Feeder pumps must be electrically connected to the recirculation pump s s control circuit and have a separate disconnect switch. Purpose: to prevent flow and potentially dangerous accumulation of chemical while a recirculation pump is not running.

31 What s s New: Equipment Maintenance (2): All maintenance that presents a danger to pool patrons shall be performed when the pool is not in use or is closed to the public. Purpose: Safety of pool patrons in the event of an accidental chemical release.

32 What s s New: Water Chemistry Pool Type Old Cl 2 Residual Minimum New Cl 2 Residual Minimum Old Br 2 Residual Minimum New Br 2 Residual Minimum Swimming & Activity Pool 1.0 ppm 1.0 ppm 3.0 ppm 3.0 ppm Swimming & Activity Pool w/ Stabilizer 1.5 ppm 1.5 ppm Wading Pool 2.0 ppm 2.0 ppm 4.0 ppm 4.0 ppm Wading Pool w/ Stabilizer 3.0 ppm 3.0 ppm Whirlpool 3.0 ppm 3.0 ppm 5.0 ppm 7.0 ppm Whirlpool w/ Stabilizer 4.0 ppm 4.0 ppm Water Attraction (Other than those specified) 1.0 ppm 3.0 ppm Water Attraction w/ Stabilizer 1.5 ppm Plunge & Wave Pool 2.0 ppm 2.0 ppm 5.0 ppm Plunge & Wave Pool w/ Stabilizer 3.0 ppm 3.0 ppm Interactive Play Attraction 2.0 ppm 5.0 ppm Interactive Play Attraction w/ Stabilizer 3.0 ppm 7.0 ppm Waterslide and Pool Slides 2.0 ppm 5.0 ppm Waterslide and Pool Slides w/ Stabilizer 3.0 ppm

33 What s s New: Water Chemistry : New Chemical Standards Cyanuric Acid (stabilizer) maximum of 30 ppm. Total alkalinity range of ppm as calcium carbonate. Combined Cl 2 maxima: 0.5 ppm in Outdoor Pools & 0.8 ppm in Indoor Pools. Cl 2 residual maximum of 10 ppm. Br 2 total maximum of 20 ppm.

34 What s s New: Test Kit Requirements (3): test kits must be able to provide for direct measurement of free and combined Cl 2 from 0 to 10 ppm in increments of 0.2 ppm.

35 What s s New: Certified Water Attraction Operators (2): Starting 1/1/09, each water attraction and water attraction complex shall be staffed by at least one certified water attraction operator: Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO)

36 Certified Operators Water Chemistry Certified Operator Required No Yes Free Chlorine Compliance 69% 84% Data from 1,417 pool inspections performed during Bryan F. Buss, DVM, MPH Nebraska Department of Health and Human Services (October, 2007)

37 Certified Operators Chemical Data: Hazards Wisconsin Hazardous Substance Emergency Event Surveillance (HSEES) Program 134 Total Cl 2 Events 45% of Cl 2 Events produced victims 40% of Cl 2 Events produced evacuees 28% of Cl 2 Events involved pools

38 What s s New: Lifeguard Staffing & Plans (1): Tables HFS A A and HFS B B determine the required number of lifeguards based on pool square footage and pool types/features, respectively. Per (1)(a), the pool shall comply with the strictest requirements of Tables A or B.

39 172.24: Lifeguarding & Instructional Programs : A A pool that is used for instructional purposes shall be staffed by a lifeguard when the instructional program is in session. instructional program is in session. If the coach or instructor that provides instruction during the program is a lifeguard, the requirement of this subsection is met provided the coach or lifeguard can supervise the entire group.

40 Lifeguarding & Instructional Programs (3)(b): A lifeguard who is assigned to supervise a pool or water attraction may not be assigned duties that may distract the lifeguard s s attention from observing a patron in the pool or water attraction area or that may hinder the lifeguard s s ability to provide immediate assistance to a patron.

41 Lifeguards & Attendants Minimum Age Requirements Wisconsin child labor regulations prohibit the employment of persons under 16 years of age as lifeguards, swimming instructors or attendants. (7/22/04) - Bob Anderson, Bureau of Labor Standards, Wisconsin Department of Workforce Development DWD (12)(2)(c): Minors 16 and 17 years of age may be employed in occupations involving the loading or unloading of passengers on water slides. DWD (14): Minors 16 and 17 years of age may not be employed as lifeguards and swimming instructors and aides unless they have successfully completed a bona fide life saving course. Minors 14 and 15 years of age may not be employed as lifeguards and swimming instructors and aides.

42 What s s New: Death, Injury and/or Illness Reporting (2): Operators shall report incidents resulting in death, injury and/or illness requiring emergency medical personnel to the Division of Public Health by the end of the next working day.

43 What s s New: Record Keeping (3): Operators shall keep records regarding each fecal accident response.

44 On-Site Records Per , On-site records must include: Monthly operating reports, Laboratory bacteriological reports, Copy of most current HFS 172 Pool construction plans, Pool Equipment Manufacturer s s instructions/records (including pump performance curves), CDC fecal accident response document, Daily inspection and operational test records, and Lifeguard staffing plan, if required.

45 What s s New: Waterslide Inspections Why? In May 2003, the Department of Commerce repealed the waterslide section from Comm 34, Amusement Rides and Attractions. Informal inspections of pool and water slides, as pool appurtenances, began in Summer 2006.

46 What s s New: Water Attraction and Waterslide Inspections (2): The owner shall arrange periodic inspection, operational testing, and keep the records: Daily Inspection and Operational Testing Each day before use. All control devices and safety equipment. Waterslide Inspection 5-year evaluation of slide & platform structural stability & integrity by a Professional Engineer. Engineer-signed report will be kept on site.

47 Code Corrections Code Section (4) (45) (a) (3)(e) (1) (1) (2) (b)(1)(3) (2) Topic Pool Slide Definition Superchlorination Definition Disinfectant rate- of-flow meter Indoor Pool Combined Chlorine concentration Chlorine Generators and Superchlorination Missing Subsection (b) Lifeguard Qualifications Lifeguard Qualifications Incorrect Note Correction per minute needs to be added. Duplicate phrase, to raise the level of the oxidizer. At this time, it is not possible to meet this code requirement. The acceptable indoor pool combined chlorine level should be changed to 0.4 or 0.6 ppm. The sentence should read that an additional system is required for maintaining disinfectant levels during peak usage periods. Section (1) is incorrectly numbered. Red Cross water park lifeguard requirement needs to be corrected. National Pool and Water Park Lifeguard Training certificate needs to be corrected. The note should refer to (2).

48 New Issues: Fecal Accident Response and Cryptosporidium Presentation by Michael J. Beach, PhD of CDC s Healthy Swimming programs. October 2, 2007 World Aquatic Health Conference in Cincinnati, Ohio. New Fecal Accident Response Recommendations. Previous Crypto inactivation research done at 80 ppm free chlorine & ph 7.0

49 New Issues: Fecal Accident Response and Cryptosporidium CDC s s Fecal Accident Response Recommendations Cryptosporidium CT Factor (Disinfectant Concentration x Time) 2004 Recommendation 9,600 10/2007 Recommendation 15,800 10/2007 Recommendation w/ Stabilizer No Recommendation

50 MRSA: An Issue for Pools? MRSA infects > 90,000 Americans a year, with > 18,000 deaths. 10/17/07 Journal of the American Medical Association The MRSA death rate topped the AIDS death rate in Centers for Disease Control and Prevention News coverage over the MRSA deaths of two students - in Virginia and Brooklyn - prompted new questions for Sanitarians.

51 New Issues: MRSA & Pools I would say that staph [Staphylococcus Aureus] are no harder to keep in check than the other organisms of concern in a swimming pool, i.e. E. coli, Pseudomonas and other vegetative bacteria, so those levels of free chlorine should be fine. It's whirlpools, as you know, that we have to be concerned about with extra cleaning precautions, due to the biofilm that builds up and promotes bacterial growth in the jets. (10/19/07) Gwen Borlaug,, CIC [Certified in Infection Control], MPH Wisconsin Bureau of Communicable Disease and Preparedness

52 New Issues: MRSA & Pools This [Methicillin[ Methicillin-resistant Staphylococcus aureus (MRSA)] should not be an issue, normal chlorine levels [in pools and water attractions] should kill these critters. (10/19/07) John Archer, Communicable Disease Epidemiologist Wisconsin Bureau of Communicable Disease and Preparedness Wisconsin Division of Public Health MRSA Fact Sheet at:

53 New Issues: Salt Chlorination Converts salt into sodium hypochlorite using electrolysis Less handling and storage of aggressive chemicals Salt ppm (0.3% - 0.5%) New code requires a secondary disinfection system.

54 New Issues: Climbing Walls Addition of a climbing wall requires plan review. Must comply with drop slide criteria in Comm 90. Water depth be equivalent to wall height. Patrons must be >42 tall.

55 New Issues: Air Quality October 2006 Air Sickness New studies suggest indoor aquatic environments can trigger, or even cause, asthma and other respiratory ailments, opening the door for complaints and lawsuits. Here s s how to stay on top of this emerging issue and keep the air healthy. by Rin-rin Yu

56 New Issues: Activist Swimmers The Activist Swimmer or the Empowered Pool Patron :

57 New Issues: Dog Swimming Events Several misconceptions and many concerns Illinois: No Minnesota: NO! Yes, that s what you think it is.

58 DPH Pool Policies Pool Code Policy & Interpretation Committee Previous total of 37 policies. 5 kept, as is. 10 still valuable, but need updating. 22 eliminated or rescinded. All policies on the Health Alert Network. 28 new policies to be created

59 DPH Pool Policies On the HAN Food Safety & Recreational Licensing Topic Area

60 DPH Pool Policies on the HAN Pools and Water Attractions

61 DPH Pool Policies Current Policies: Plan Specifications Approval Water Fountains/Bottled Water Potassium Monopersulfate Cameras in Remote Pool Areas Coin-operated operated Showers at Public Swimming Facilities Aqua Climbing Walls

62 New Policies, Procedures, Guidelines Pool & Water Slide Inspection Procedure, Minimum Age of Lifeguards, Death, Injury and Illness Reporting Procedure and Forms, Responsible Supervisor, Instructional Programs, Premises Definition.

63 Pool & Water Slide Inspection Procedure Initial brainstorm on 10/25/07: Identify the slide type (body, mat, raft), Note and determine the water flow down the slide flume, Note if the slide is being used as intended, Note the condition (rust, corrosion, breakage, cracking, deterioration, delamination,, wear or other damage) of handrails, stair treads, fasteners (nuts, bolts, screws), grates and/or structures. Note missing fasteners (nuts, bolts, screws) or other slide hardware. Are slide mats or rafts sanitary and in good functioning condition? Are slide rules posted?

64 Commerce Pool Policies SwimmingPoolsDataReport.html

65 Aquatics and Public Health Aquatics International Nov/Dec 2007 Vol. 19, No. 10

66 Aquatics and Public Health Aquatics International Nov/Dec 2007, Vol. 19. No. 10

67 Aquatics and Public Health Inspection Loads: U.S. Food & Drug Administration Recommendation* ~ Facilities per Sanitarian Wisconsin Division of Public Health Average ~730 Facilities per Sanitarian *Draft Voluntary National Retail Food Regulatory Program Standards Standard No. 8 Program Support and Resources (January 2005). USFDA. (@1.6 average inspections/facility/year)

68 Thank You David W. Pluymers, MSTHA, RS Program Manager Recreational Waters Wisconsin Division of Public Health 1 West Wilson Street, P.O. Box 2659 Madison, Wisconsin phone: pluymdw@dhfs.state.wi.us