§ 165.21 Facility Operating Policy.
RCNY § 165.21
(a)The operator shall comply with the minimum requirements of this Code governing safety and sanitation and shall enforce such additional policy as may be necessary to protect the health and safety of the public.
(b)Signs required to be posted shall be posted conspicuously pursuant to 24 RCNY Health Code § 165.41(n) and 24 RCNY Health Code § 165.63(h).
(c)Contagious or infectious disease control. Any person having any contagious disease shall be excluded from use of the pool. This includes skin disease, sore or inflamed eyes, a cold, ear or nasal discharges and other communicable diseases not readily apparent by a visual inspection.
(d)Protection against infection. Persons having any considerable area of exposed subepidermal tissue, open blisters, cuts, boils or other evident skin or other bodily infection shall be excluded from a bathing establishment.
(e)Wastes and contamination. Urinating, expectorating or blowing the nose or otherwise introducing human waste or other contaminants into the pool is prohibited. Children's diapers shall be fully enclosed with impervious material so that liquid and solid wastes are contained therein and do not contaminate the pool water.
(f)Alcohol. The pool operator shall not permit persons under the influence of alcohol or who are exhibiting erratic behavior in the pool area.
(g)Patron control. Patrons shall be showered and dressed in bathing attire before entering the pool or entering upon walks immediately adjacent to pools.
(h)Conduct. The pool operator shall not permit patron conduct within the pool facility that is dangerous or compromises the safety of the patron involved or others in the facility. No boisterous or rough play, except supervised water sports, is permitted.
(i)Diving. Diving in water less than eight feet deep is prohibited, except for competitive swimming or training activities appropriately supervised by qualified staff.
(j)Outdoor pools. Swimming is prohibited at outdoor swimming pools when lightning is present, including a 15-minute period after the last lightning is observed.
(k)Spa pools. The use of oils, body lotions and minerals shall be prohibited.
(l)Prolonged or repetitive breath-holding can be deadly. Such activities are permitted only when appropriately supervised by qualified staff, as set forth in the operator's pool safety plan. No intentional hyperventilation or underwater competitive breath-holding should be allowed.













