TEWKSBURY
BOARD OF HEALTH
REGULATIONS
FOR THE OPERATION OF PUBLIC AND SEMIPUBLIC SWIMMING POOLS
1.0. Purpose
The
Tewksbury Board of Health (“Board”) is responsible for the protection of the
public and environmental health and welfare within the Town of Tewksbury. In an
effort to protect the public, the following regulations are promulgated to
supplement those set forth in 105 CMR 435.00, et. seq.
2.0. Authority
These
regulations are adopted under the authority of M.G.L.c. 111, § 31.
3.0. Applicability
These
regulations shall apply to all public and semi-public pools regulated under 105
CMR 435.00.
4.0. Citation
These
regulations may be cited as “Swimming Pool Regulations”.
5.0. Definitions
5.1.
Peak Hours of Operation - 11:00 AM to 8:00 PM.
5.2.[1]
5.3. Off Peak Hours - All
times that the pool is open, with the exception of the hours listed in
Regulation 5.1.[2]
6.0. General
6.1. Chapter V of the State
Sanitary Code, 105 CMR 435.00, is adopted as a local regulation in its
entirety.
6.2. These regulations shall take
effect January 1, 1998.
6.3. Amendments to these
regulations shall take effect upon publication of a notice of their adoption in
a local newspaper.[3]
6.4.
Each pool shall have within 25 feet of its edge and in direct line of sight of
the entire pool an emergency telephone unit that is operable only in a
hands-free mode, and directly connected to the Tewksbury Police and Fire
Emergency 911 Dispatch Center.[4]
7.0. Lifeguards
7.1. All Public and Semi-public Pools[5],
excluding special purpose pools, shall have a trained, certified lifeguard in
attendance at all times the pool is in use. Said lifeguards shall be trained
and certified as required by 105 CMR 435.23.
7.2. The number of required
lifeguards shall be determined as follows:
A. One lifeguard per pool.
B. The Board of Health may require more lifeguards
when it deems it necessary.
9.0. Video Monitoring[8]
9.1. The use of video
monitoring equipment shall be prohibited if the intent is to use it in lieu of
a required lifeguard at pool side.
9.2. [9]
9.3.
[10]
SECTIONS 10.0 -19.0 RESERVED
20.0. Permit
20.1. No Public and Semi-Public
Swimming or Special Purpose Pools shall be used without the benefit of a permit
for operation being issued by the Board of Health.
20.2. Any permit issued for the
operation of a pool under these regulations shall be subject to the conditions
of the permit requirements set forth in 105 CMR 435.21.[11]
20.3. Said Operating Permit may
not be issued unless the pool being permitted meets all applicable local and
state regulations. Said Permit may be revoked or suspended for failing to
comply with applicable local and state regulations.
20.4. The Board or its Agents
shall have the authority to place special conditions on any permit issued under
these regulations.
21.0. Variance
21.1. These regulations may be
varied by the Board of Health upon written application for such, and the
completion of a public hearing. Notice of said variance request shall be
published at the applicant’s expense in a local newspaper at least 7 days prior
to the hearing date.
22.2. In order for the variance to
be approved, the applicant must show:
A.
Strict
enforcement of the regulations would do manifest injustice, and
B.
the
same degree of protection required under the regulations can be achieved
without strict application of the particular regulation.
22.3. All other aspects of 310 CMR
435.46 shall be met when seeking a variance, except that when a variance is
sought only from the local regulations, no approval from the Massachusetts
Department of Public Health is required.
22.4. The Board may place special
conditions on any variance approval issued.
23.0. Penalties
23.1. Any one found in violation
of these regulations may be fined up to One Thousand Dollars ($1,000.00).
23.2. Any Operating Permit may be
revoked or suspended for failing to comply with applicable local and state regulations.
23.3. These Regulations may be
enforced through the use of Non-Criminal Citations as put forth in M.G.L.c. 40,
§ 21D.
24.0. Severability
24.1. If any provision of these
Regulations is declared invalid or not enforceable, the other provisions shall
not be affected thereby, but shall continue in full force and effect.
Date
of Public Hearing: July
10, 1997
Date
of Original Adoption: September
4, 1997
Amended
2/4/99 Amended
11/21/02