As used in this part:

1. (1)

   1. (A) “Alteration/renovation” means replacement of any portion of the recirculation system including pool/spa plumbing or perimeter overflow/skimmer equipment, pumps, filters, or disinfection units, or modification of the physical structure of the pool or spa, or any change that would not conform to the original specifications.
   2. (B) This does not include repair of small sections of pipes due to leaking or maintenance activities such as painting, plastering, or acid washing;
2. (2) “ANSI” means the American National Standard Institute, Incorporated;

3. (3)

   1. (A) “Antientrapment drain or cover” means a drain with a raised cover or design which allows horizontal flow of water into the drain rather than a vertical flow.
   2. (B) The purpose of the design is to prevent the dangerous suction effect on a body, limb, hair entanglement, or physical object which may come in contact with the drain;
4. (4) “APSP” means Association of Pool and Spa Professionals;
5. (5) “Automatic controllers” means integrated electrical/electronic equipment, connected to chemical feed equipment which continuously monitors and controls the pH level and chorine/bromine residual of swimming pool water;
6. (6) “Backflow preventer” means a device used to protect a water supply from contamination or pollution;
7. (7) “Backwash” means the process of thoroughly cleansing the filter media and/or elements and the contents of the filter vessel;

8. (8)

   1. (A) “Barrier” means a wall, building, fence, or any combination of these which control access to the pool area.
   2. (B) This barrier shall be of such construction as to provide reasonable protection for the safety of the public;

9. (9)

   1. (A) “Break point chlorination” means the process of adding enough free chlorine to chemically oxidize and remove combined chlorine (chloramines) from pool or spa water.
   2. (B) Commonly referred to as shocking a pool.
   3. (C) The additional free chlorine amount needed is typically calculated: Ten (10) times the combine chlorine (CC) amount minus the existing free chlorine (FC) residual. (10 x CC) – (FC) = amount of additional chlorine needed to shock the pool;
10. (10) “Cartridge filter” means a filter that utilizes a porous material as its media;
11. (11) “CDC” means Centers for Disease Control and Prevention;

12. (12)

    1. (A) “Chlorine demand” means the materials in the water which use up chlorine such as:

       1. (i) Bacteria;
       2. (ii) Algae;
       3. (iii) Dirt;
       4. (iv) Leaves; and
       5. (v) Swimmer wastes.
    2. (B) The chlorine demand must be satisfied before a chlorine residual is available to disinfect the pool water;

13. (13)

    1. (A) “Chlorine residual” means the chlorine level in the water after the chlorine demand has been satisfied.

    2. (B) The free chorine residual is the:

       1. (i) True measure of potential chlorine disinfection; and
       2. (ii) Active chlorine that kills bacteria and algae.
    3. (C) The active form of chlorine in water is known as hypochlorous acid;
14. (14) “Combined chlorine” means the amount of chlorine that has reacted with the organic substances in the water, forming compounds known as chloramines;

15. (15) “Controlled limited-use spa” means any spa where access to the spa unit is strictly controlled by the management by one (1) or more of the following:

    1. (A) Location of the unit, e.g., installed in individual rooms with sleeping accommodations or on decks for individual units such as cabins;
    2. (B) The number of patrons allowed to use the spa at any one time, e.g,. in massage therapy, wellness centers, or similar operations with supervised use;
    3. (C) Locked control panels where use of the spa must be scheduled through the management; and
    4. (D) Limiting the hours of use, e.g., in retirement centers;
16. (16) “Coping” means the covering which joins the top of the pool wall with the decking and is considered part of the deck;

17. (17)

    1. (A) “Critical item” as stated in Acts 1987, No. 623, means those aspects of operation or conditions of facilities or equipment, which, if in violation constitute the greatest hazards to health and safety, including imminent health hazard.
    2. (B) Any pool may be subject to immediate closure whenever a critical item or items are noted.

    3. (C) These include:

       1. (i) Restriction of employees with infection;
       2. (ii) Approved water supply, hot and cold running water under pressure;
       3. (iii) Sewage, liquid waste disposal;
       4. (iv) No cross connection, back siphonage;
       5. (v) Safety;
       6. (vi) Excessive turbidity;
       7. (vii) Failure to maintain proper chemical levels;
       8. (viii) Failure or lack of filtration, sanitizing, and cleaning equipment and chemicals; and
       9. (ix) Absence or lack of required supervisory personnel;

18. (18) “Cross connection” means any physical arrangement connecting:

    1. (A) A potable water system directly or indirectly with anything other than another potable water system; or
    2. (B) Pool water to any potable or nonpotable water source capable of contaminating either the pool water, its components, or portable water source due to backflow;
19. (19) “DE” means diatomaceous earth;
20. (20) “Dead spots” means places in the pool/spa where filtered/disinfected water does not reach because of poor circulation;
21. (21) “Department” means the Department of Health or, where required, employees authorized by the Department of Health;

22. (22) “Diatomaceous earth (DE)” means the type of filter medium that is:

    1. (A) Obtained from the fossil remains of microscopic marine organisms; and
    2. (B) Used in a thin coating over the filter septa;
23. (23) “Fill-and-draw pool or spa” means a pool or spa which is drained, cleaned, and refilled after each individual use;
24. (24) “Filter” means a device that separates solid particles from pool water by recirculating through a porous substance (filter media or cartridge element);

25. (25)

    1. (A) “Filter media” means the fine material which entraps suspended particles from the water.
    2. (B) These include sand, DE, and sand/DE substitutes;
26. (26) “Filter septa” means that part of the filter element consisting of cloth, wire, screen, or other porous material on which DE or similar media are deposited;
27. (27) “fps” means feet per second;
28. (28) “General public” means all people without restriction;
29. (29) “gpm” means gallons per minute;
30. (30) “Hose bibb” means a water faucet with male screw threads for attaching a hose;

31. (31)

    1. (A) “Hydrostatic relief valve” means a device used to relieve ground water pressure imposed on the outer shell of the pool.
    2. (B) These are usually installed in the main drain or drains;
32. (32) “Imminent health hazard” means any condition, deficiency, or practice which, if not corrected, is very likely to result in illness, injury, or loss of life to any person;
33. (33) “Inlet” means the fitting or opening through which filtered water enters the pool;

34. (34)

    1. (A) “Lifeguard” means an individual who has demonstrated competency in water safety and lifesaving.
    2. (B) The pool owner shall determine competency;

35. (35)

    1. (A) “Main drain” means the outlet or outlets at the bottom portion of the pool or spa.
    2. (B) These outlets are suction outlets connected to the recirculation piping;
36. (36) “Maximum flow rate” means the maximum filtration rate times the square footage of filter provided, i.e., GPM/sq. ft. x sq. ft. of filter area = GPM;

37. (37)

    1. (A) “Minimum flow rate” means the least flow of water measured in gpm through the water treatment system that must be maintained to provide adequate treatment.
    2. (B) GPM is calculated by dividing the volume of the pool, in gallons, by the required turnover time, in minutes;
38. (38) “NSF” means the National Sanitation Foundation;
39. (39) “Overflow system” means perimeter type overflow, surface skimmers, and surface water collection systems of various design and manufacture;
40. (40) “Perimeter overflow” means a gutter or trough around the inside of the pool walls, with the overflow lip effecting a skimming action to clean the pool water surface;

41. (41) “Person” means:

    1. (A) Any individual;
    2. (B) Any partnership;
    3. (C) Any firm;
    4. (D) Any corporation;
    5. (E) Any agency;
    6. (F) Any municipality;
    7. (G) Any state or political subdivision; or
    8. (H) The federal government and its agencies and departments;

42. (42) “pH” means the measure of the degree of acid or alkaline qualities a solution possesses, as determined by its hydrogen ion content:

    1. (A) A pH below seven and zero tenths (7.0) is considered acid;
    2. (B) A pH of seven and zero tenths (7.0) is considered neutral; and
    3. (C) A pH above seven and zero tenths (7.0) is considered alkaline;
43. (43) “Pool area” means the water surface and deck area;
44. (44) “Pool deck” means the paved area around the pool including the coping;
45. (45) “Pool operator” means the person or persons responsible for the daily maintenance and operation of the pool or other related facility;
46. (46) “Pool/spa depth” means the distance between the floor of the pool and the normal operating water level when the pool or spa is in use;
47. (47) “ppm” means parts per million;
48. (48) “Precoat pot” means a hopper with a valved connection to the suction side of the recirculation pump of pressure DE filter systems that are used for coating the filter media prior to filtering water through the system;

49. (49)

    1. (A) “Public swimming pool” as stated in Arkansas Code § 20-30-101 et seq., means a structure of all man-made materials, located either indoors or outdoors, used for bathing or swimming, together with buildings, appurtenances, and equipment used in connection therewith.
    2. (B) Included are spa-type, wading, special purpose pools, or water recreation attractions, including but not limited to those operated at apartment buildings, municipalities, counties, institutions, schools, motels, hotels, and mobile home parks to which admission may be gained with or without payment of a fee.
    3. (C) This definition shall not apply to private pools at single-family residences.

    4. (D) For the purposes of this part, public swimming pools have been categorized into the following classes:

       1. (i) “Class A pool” means any pool intended for, or used by, the general public for recreational use, owned and operated by any:

          1. (a) (a) Person;
          2. (b) (b) Firm corporation;
       2. (c) (c) Institution;

       3. (d) (d) Association;

          1. (e) (e) Club; or
          2. (f) (f) Any political subdivision of the State of Arkansas;

       4. (ii)

          1. (a) (a) “Class B pool” means any pool not open to the general public but open rather to a limited group, such as institutions, schools, childcare facilities, resident subdivisions, or similar developments, camps, day camps, recreational facilities, or pools of similar usage and type, or any pool whose use is restricted to residents, members, or registered guests, including but not limited to:
50. (1) (1) Hotels;
51. (2) (2) Motels;
52. (3) (3) Apartments;
53. (4) (4) Trailer parks/mobile home parks; and

54. (5) (5) Churches and condominiums.

    1. (b) (b) Also included are:
55. (1) (1) Country clubs;
56. (2) (2) YWCA or YMCA health or athletic clubs; and

57. (3) (3) Pools of similar type and usage;

    1. (iii)

       1. (a) (a) “Class C special purpose pool” means any pool whose design and/or use is significantly different from a swimming pool.

          1. (b) (b) This includes, but is not limited to:
58. (1) (1) Water recreation attractions;
59. (2) (2) Scuba pools;
60. (3) (3) Zero depth entry pools;
61. (4) (4) Instructional pools;
62. (5) (5) Water slides;
63. (6) (6) Spray grounds; and
64. (7) (7) Spray pools; or

65. (8) (8) Any pool intended for use for accredited competitive aquatic events such as Federation International de Natation Amateur (FINA), United States Swimming, United States Diving, National Collegiate Athletic Association (NCAA), National Federation of State High School Associations (NFSHSA), etc.

    1. (c) (c) The pool may also be used for recreation;

       1. (iv) “Class D wading pool” means a small pool for nonswimming children with a maximum depth not greater than twenty-four inches (24”);

       2. (v)

          1. (a) (a) “Class E therapy pools/spas” means any treatment spa/pool and special spas/pools for water therapy.
          2. (b) (b) Fill-and-drain water therapy spas used for treatment of athletes or other medical treatment purposes are exempt from this part; and

       3. (vi)

          1. (a) (a) “Class F spas” means any commercial whirlpool, hot tub, or spa designed for recreation, or relaxation use, in combination with:
66. (1) (1) Hydrojet circulation;
67. (2) (2) Air induction systems; or

68. (3) (3) Other circulation systems using hot, cold, or ambient water temperature.

    1. (b) (b) These facilities have a maximum water depth of four feet (4’) and are not used for swimming or diving.

       1. (c) (c) This section does not apply to fill-and-draw spas, which are drained, cleaned, and refilled after each individual use.

       2. (d) (d) Spas operated in connection with bed and breakfast facilities with less than six (6) sleeping rooms and/or less than ten (10) guests are exempt from this part.

          1. (e) (e) Controlled, limited use spas shall be considered special purpose spas and will be evaluated on a case-by-case basis;

69. (50)

    1. (A) “Private residential pool” means any individually owned swimming pool which is built in connection with a single-family residence the use of which shall be confined to the family of the owner and his or her guests.
    2. (B) This shall not include any type of cooperative housing or joint tenancy of two (2) or more families, and shall be located within the same property boundary as the family dwelling building to which it serves;
70. (51) “Rate-of-flow indicator” means a device installed on the pool recirculation piping or backwash line to indicate recirculation flow of the pool or backwash flow in gallons per minute;
71. (52) “Readily accessible” means an item or device that is capable of being reached and utilized quickly for operation, safety, or inspection purposes without requiring those to whom use is essential to climb over, remove obstacles, and search for intended item/device, or anything else that requires undue time to utilize;
72. (53) “Scuba pool” means a special purpose pool designed with the intent of training scuba divers;

73. (54) “Serious injury” means any injury:

    1. (A) Requiring emergency service response where a person needs medical treatment as determined by the emergency response personnel; and/or
    2. (B) Resulting in a person seeking medical attention at a hospital emergency room or admission to a hospital;
74. (55) “Spray pool/spray ground” means an artificial pool for use by children into which water is sprayed but is not allowed to pond in the bottom of the pool;
75. (56) “Stabilizer (cyanuric acid)” means a chemical that helps prolong the useful life of chlorine in the water by slowing down chlorine loss due to sunlight;
76. (57) “Surface skimmer” means a device used to remove surface debris from the pool over a self-adjusting weir;

77. (58)

    1. (A) “Surge tank” means a tank receiving the gravity flow water from the overflow gutter and main drain or drains from which the recirculation pump takes suction.
    2. (B) This may also be referred to as a balance tank;
78. (59) “Turbidity” means a cloudy condition of the water due to the presence of extremely fine particulate materials in suspension that interfere with the passage of light;

79. (60)

    1. (A) “Turnover” means the period of time (usually in hours) required to circulate a volume of water equal to the pool capacity.
    2. (B) The turnover rate is the number of times a quantity of water equal to the pool capacity passes through the filters within a stated time, usually turnovers per day;
80. (61) “UL” means underwriters laboratory;

81. (62)

    1. (A) “Water recreation attraction” means a swimming facility open to the general public with design and operational features that provides patron recreational activity which is different from that associated with a conventional swimming pool in that the purpose fully involves immersion of the body partially or totally in the water.

    2. (B) “Water recreation attractions” include, but are not limited to:

       1. (i) Water amusement lagoons;
       2. (ii) Water slides; and
       3. (iii) Wave pools; and

82. (63) “Water slide” means a special purpose facility which consists of:

    1. (A) One (1) or more flumes;
    2. (B) A plunge pool;
    3. (C) Pump reservoir;
    4. (D) Filtration;
    5. (E) Disinfection; and
    6. (F) Chemical treatment facilities.