1. (1) Unless exempted in Subsection R392-303-2(2), this rule applies to:

   1. (a) any person who owns or operates a geothermal pool or geothermal bathing place that is made available for public use; or

   2. (b) a geothermal pool or geothermal bathing place that:

      1. (i) is partially or completely filled with geothermal water that has a source temperature of at least 70 degrees Fahrenheit; and
      2. (ii) is offered to the public for bathing or recreation.

2. (2) This rule does not apply to:

   1. (a) a natural bathing place;
   2. (b) an unsupervised geothermal bathing place that the owner explicitly or tacitly allows anyone at any time to use without a fee;
   3. (c) a geothermal pool or geothermal bathing place that is used only by a single household or only by a single group of multiple living units of four or fewer households; or
   4. (d) a facility, institution, location, or place whose primary purpose or intent is already regulated by another rule promulgated under Title R392, Health and Human Services, Population Health, Environmental Health.

KEY: geothermal pools, geothermal natural bathing places, hot springs, geothermal spas

Date of Last Change: November 8, 2023

Notice of Continuation: January 22, 2024

Authorizing, and Implemented or Interpreted Law: 26B-1-202; 26B-7-402