Section 10. Definitions

Part I. Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Agent" means a legally authorized representative of the owner.

"Commissioner" means the State Health Commissioner or his subordinate who has been delegated powers in accordance with 12VAC5-462-40.

"Disinfectant" means the agent that disinfects by inhibiting, neutralizing, or destroying the growth of harmful microorganisms.

"District health department" means a consolidation of local health departments as authorized in § 32.1-31 C of the Code of Virginia.

"Free residual disinfectant" means the amount of measurable chlorine or bromine remaining in the water following disinfection.

"Local health department" means the department established in each city and county in accordance with § 32.1-30 of the Code of Virginia.

"Owner" means any person who owns, leases, or proposes to own or lease a public swimming pool.

"Private residential swimming pool" means any swimming pool or spa located on private residential property under the control of the homeowner or a tenant, the use of which is limited to swimming or bathing by members of the homeowner's or tenant's family or their invited guests.

"Public swimming pool" means any swimming pool or spa, other than a private residential swimming pool or spa, intended to be used collectively by numbers of persons for swimming or bathing and operated by any person, whether as owner, lessee, operator or concessionaire, regardless of whether a fee is charged for such use. The term "Public swimming pool" includes, but is not limited to, tourist establishment pools, pools owned or operated by a condominium, private club or association of persons, apartment, or any association of persons. The term "public swimming pool" shall not include single occupant tanks and showers used exclusively for therapeutic purposes.

"Spa" means a hydrotherapy unit designed for recreational or therapeutic use which is not drained, cleaned, or refilled after each use. It may include, but is not limited to, units designed for hydro-jet circulation, hot water, cold water, mineral bath, air induction bubbles, or any combination thereof. Common terminology for a spa includes, but is not limited to, therapeutic pool, hydrotherapy pool, whirlpool, hot spa, and hot tub.

"Swimming pool" or "pool" means any structure, basin chamber, or tank, located either indoors or outdoors, containing an artificial body of water intended to be used for swimming, wading, diving or recreational bathing, including spas and hot tubs, and having a water depth of 24 inches or more at any point.

"Tourist establishment" means any tourist facility such as hotels, motels, bed and breakfast facilities, campgrounds, or summer camps that is regulated by the State Health Department.

Historical Notes

Derived from VR355-35-700 § 1, Volume 10, Issue 20, eff. August 1, 1994.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.