102.1 The most recent versions of District and federal laws and regulations or any successor standards are hereby incorporated by reference:

1. (a) The Virginia Graeme Baker Pool and Spa Safety Act of 2007, approved December 19, 2007 (Pub.L.110-140);
2. (b) 40 CFR Part 141 – National Primary Drinking Water Regulations;
3. (c) National Sanitation Foundation NSF-ANSI Standard 60-2005 Drinking Water Treatment Chemicals – Health Effects;
4. (d) Department of Justice (DOJ) 2010 Americans with Disabilities Act Accessibility Standards, 28 CFR Part 36, Subpart D, effective March 15, 2012;
5. (e) National Sanitation Foundation NSF/ANSI Standard 50-2007 Circulation System Components and Related Materials for Swimming Pools, Spas/Hot Tubs, dated April 2007, approved substitute filters;
6. (f) American National Standard ASME A112.19.8 - 2007 Suction Fittings For Use in Swimming Pools, Wading Pools, Spas, and Hot Tubs published by the American Society of Mechanical Engineers; performance standard;
7. (g) ASME/ANSI standard A112.19.7 Safety Standard Vacuum Release System or ASTM standard F2387;
8. (h) American National Standard Specifications for Ceramic Tile A137.1-2012 (Dynamic Coefficient of Fiction Specification and Testing for Slip Resistance);
9. (i) U.S. Consumer Product Safety Commission (CPSC) Publication No. 362 Guidelines, entitled “Safety Barrier Guidelines for Home Pools; and any other pool safety guidelines established by the Commission;
10. (j) U.S. Department of Health and Human Services, Centers for Disease Control and Prevention (CDC) “The Model Aquatic Health Code” 2^nd Edition (July 2016);
11. (k) National Collegiate Athletic Association (NCAA), 2012 - 2013;

(l) National Federation of State High School Associations, 2015 - 2016; and

(m) The District of Columbia's Construction Codes Supplements of 2013, Title 12 of the District of Columbia Municipal Regulations, (61 DCR 3453 (March 28, 2014 – Part 2)); which consist of the following International Code Council (ICC):

(1) International Building Code (2012 edition);

(2) International Mechanical Code (2012 edition);

(3) International Plumbing Code (2012 edition);

(4) International Fire Code (2012 edition);

(5) International Existing Building Code (2012 edition);

(6) International Swimming Pool and Spa Code (2012 edition); and

(7) The National Fire Protection Association (NFPA) National Electrical Code (2014 edition).

102.2 If a conflict arises between a provision in these regulations and a federal law or regulation cited in Subsection 102.1 above, the federal law or regulation shall take precedence over these regulations. However, where there is a conflict between provisions in these regulations, the International Codes or their referenced standards, or the District's Construction Codes Supplements, the District's Construction Codes Supplements, including standards and amendments, shall take precedence.

102.3 In enforcing the provisions of these regulations, the Department shall regulate certain aspects of a public swimming pool, spa pool, or sauna's physical structure; operating systems, equipment, devices, fixtures, supplies, or furnishings in use before the effective date of these regulations based on the following considerations:

(a) Whether the establishment's physical structure; operating systems, equipment, devices, fixtures, supplies, or furnishings used in the public swimming pool, spa pool, or sauna, is in good repair or capable of being maintained in a hygienic condition in compliance with these regulations; or

(b) The existence of a documented agreement with the licensee that the

physical structure; operating systems, equipment, devices, fixtures, supplies, or furnishings used in public swimming pool, spa pool, or sauna will be replaced by an agreed upon date.

SOURCE: Final Rulemaking published at 64 DCR 5359 (June 9, 2017).