§ 165.11 Enforcement.
RCNY § 165.11
(a)The most recent inspection report shall be readily available for inspection by the Department at the facility.
(b)Public health hazards and closing criteria. Where one or more of the following public health hazard conditions exist, the bathing establishment may be immediately closed by the Department and shall remain closed until the hazardous condition(s) are corrected. No person shall use the facility until the violations are corrected in compliance with the provisions of this Article. The facility shall remain closed until the Department has authorized the reopening of the facility. Public health hazard shall mean but shall not be limited to: (1) For pools: (A) Failure to provide adequate level of supervision, as required by 24 RCNY Health Code § 165.15. (B) Failure to provide the minimum disinfectant residual levels, as required by 24 RCNY Health Code § 165.23. (C) Failure to continuously operate the swimming pool's filtration and disinfection equipment. (D) Use of an unapproved or contaminated water supply source for potable water use. (E) Overhead electrical wires within 20 feet of the pool, except where covered and secured in a ceiling. (F) Unprotected electrical circuits or wiring within 10 feet of the pool. (G) Failure to maintain emergency lighting source. (H) Inadequate number of lifesaving equipment on pool deck, as required by 24 RCNY Health Code § 165.17. (I) Pool bottom or main drain grate not visible. (J) Absence of or improper depth markings at a pool. (K) Plumbing cross-connections between the drinking water supply and pool water or between sewage system and the pool's filter backwash facilities, or other cross-connections in the pool plumbing. (L) Failure to provide and maintain an enclosure around the pool area that will prevent access to the pool during the hours in which the pool is not open for use. (M) Use of unapproved chemicals or the application of chemicals by unapproved methods to the pool water. (N) Broken, missing or unsecured main drain grates in the pool. (O) Overcrowding of the pool that results in inability to supervise bathers. (P) Glass or sharp objects in pool or on deck area. (Q) Failure to provide pool safety plan approved by the Department. (R) Spa pool water temperature exceeds 104 degree Fahrenheit. (S) Any other condition dangerous to life or health.
(2)For sauna and steam rooms: (A) Sauna temperature exceeds 194 degrees Fahrenheit. (B) Steam temperature exceeds 120 degrees Fahrenheit. (C) Door not free swinging or does not swing out. (D) Viewing window not provided. (E) Monitoring by attendant inadequate, or one hour timer not provided, as required by 24 RCNY Health Code § 165.63. (F) Alarm not provided, inoperable, inaudible or not operating in correct range. Alarm not installed to cut off heat in sauna or steam room when activated.
(3)For spray grounds: (A) Failure to provide adequate level of supervision of the spray ground as required by 24 RCNY Health Code § 165.15. (B) Failure to provide the minimum disinfectant residual levels and the minimum ultraviolet light dosage as required by 24 RCNY Health Code § 165.23. (C) Failure to continuously operate the spray ground filtration and disinfection equipment. (D) Use of an unapproved or contaminated water supply source for potable water use. (E) Overhead electrical wires within 20 feet of the spray ground, except where covered and secured in a ceiling. (F) Unprotected electrical circuits or wiring within 10 feet of the spray pad. (G) Broken or missing drain grates on the spray pad. (H) Failure to maintain emergency lighting source. (I) Plumbing cross-connections between the drinking water supply and spray ground treatment system or between sewage system and the spray pad's filter backwash facilities, or other cross-connections in the plumbing. (J) Use of unapproved chemicals or the application of chemicals by unapproved methods to the spray ground water. (K) Glass or sharp objects on spray pad or deck area. (L) Visible contamination of the spray pad and/or spray pad treatment tank by a potentially toxic chemical or a bacteriological substance that could present a hazard to the public. (M) Any other condition determined by the Department to be dangerous to life or health.
