§ 34-566. Definitions.

For the purposes of this article, certain terms and words are hereby defined. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned pool means a pool which the owner and/or permit holder has permanently ceased using usually resulting in a nuisance, or a pool upon which the pool contractor or builder has ceased construction.

Agitated water means an aquatic venue with mechanical means (aquatic features) to discharge, spray, or move the water's surface above and/or below the static water line of the aquatic venue. Where there is no static water line, movement shall be considered above the deck plane.

Approved means accepted or acceptable to the board of health based on a determination of conformity with this article and principles, practices and generally recognized standards that protect public health.

Aquatic venue means an artificially constructed structure or modified natural structure where the general public is exposed to water intended for recreational or therapeutic purpose. Such structures do not necessarily contain standing water, so water exposure may occur via contact, ingestion, or aerosolization. Examples include swimming pools, wave pools, lazy rivers, surf pools, spas (including spa pools and hot tubs), therapy pools, waterslide landing pools, spray pads, and other interactive water venues.

Barrier means a fence, wall, building wall, or combination thereof, which completely surrounds the pool area and effectively obstructs access into the pool area.

Bather means any person, wearing bathing attire, using a pool, spa, hot tub or other bathing facility and adjoining deck area for the purpose of water sports, recreation, therapy or related activities. Bather is also referred to as a user.

Bathing load or maximum bathing load means the maximum number of bathers allowed within the pool enclosure based on the amount of the pool's water surface area or use restrictions.

Certified pool contractor means a person who:

(1)

Engages in the design, construction or renovation of a swimming pool governed by this article; and

(2)

Has passed an examination demonstrating their familiarity with this article; and

(3)

Consistently complies with this article; and

(4)

Possesses a current business license and valid certification from the board of health.

Closed pool means a pool, including all areas within the pool enclosure, which is inaccessible to bathers by closing and securing all entry points into the pool enclosure, and is posted with a conspicuous sign "Pool Closed" at each entry point, as ordered by the board of health.

Deck means the areas immediately adjacent to a pool, including the coping, that are constructed specifically for bathers to stand, walk or sit upon.

Deep area or deep end means the area(s) of a pool where the water depths exceed five feet.

Board of health means the Fulton County Board of Health, the director, or its authorized representative(s).

Design flow rate means the amount of water in gallons passing a specific point in the pool's circulation system in a given time in minutes, expressed as gallons per minute (g.p.m.).

Flat water means an aquatic venue in which the water line is static except for movement made by users. Diving spargers do not void the flat water.

Handhold/foothold means any surface or object that provides a means for traversing the pool barrier, and that is greater than 1¼ inches in horizontal width and/or is angled less than 45 degrees from horizontal.

Hearing officer means the division director or authorized representative.

Hot water means an aquatic venue with water temperature over 90 degrees Fahrenheit (30 degrees Celsius).

Hypo-chlorinator means a mechanical/electrical device for dispensing chlorine in a liquid state in measured doses.

Imminent health or safety hazard means a threat or danger to health or safety that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that merits immediate correction or cessation of operation to prevent injury or illness.

Infinity/vanishing edge pool means a pool with a portion of one wall constructed to allow pool water to skim over the top of the pool wall.

Interactive play device means any manufactured apparatus using sprayed, jetted, or other type of water source that contacts bathers in a non-threatening manner.

Interactive water play aquatic venue means any indoor or outdoor installation that includes sprayed, jetted or other water sources contacting bathers and not incorporating standing or captured water as part of the bather activity area. These aquatic venues are also known as splash pads, spray pads, or wet decks.

Lifeguard means an individual who has been trained and certified by the American Red Cross or other approved sanctioning organization.

Modification means any repair, change, alteration or substitution made to the pool, pool equipment, decking, sanitary facilities, pool barrier, or any other area or facility related thereof:

(1)

"Major modification" includes, but is not limited to, deck surfacing; filter, pump or chemical feeder replacement with different equipment; sanitary facilities floor change; sanitary plumbing alterations; and other similar work, replacement, or changes that will require permitting.

(2)

"Minor modification" includes, but is not limited to, replacement of pressure gauges and flow meters, or similar, changes that normally would not require a permit.

Multi-purpose pool means a pool which is designed and constructed with a combination of bathing features which includes, but is not limited to, a waterslide, diving well, zero-depth entry, and/or other similar features.

Natural bathing beach means any natural or altered body such as but not limited to an artificial or natural pond, springs, lake, river or stream for swimming, diving or recreational bathing and all facilities incident thereto, for collective use by a number of persons, operated by any person(s) as defined herein, whether they be owner, operator, lessee, licensee or concessionaire, regardless of whether a fee is charged.

Not open means any pool that has been closed by the pool owner, permit holder or authorized agent with all entry points secured and posted with a conspicuous sign that reads "Pool Closed".

Nuisance means any condition in a pool that is conducive to the breeding of mosquitoes or other insects, or any other condition that adversely affects public health or safety.

Permit holder means the person or entity who possesses a valid permit to operate a swimming pool and is legally responsible for the operation of the swimming pool including, but not limited to, the pool owner, agent for the pool owner, or other such authorized or designated person.

Person means any individual, owner, partnership, corporation, entity or association, or authorized agent, including governmental agencies.

Pool means the same as "swimming pool".

Pool operator means a person who:

(1)

Has been trained as a pool operator; and

(2)

Is responsible for the pool operation; and

(3)

Is familiar with the pool's systems and this article.

Private or residential natural bathing beach means any natural or altered body such as but not limited to an artificial or natural pond, springs, lake, river or stream for swimming, diving or recreational bathing, for a single family residence under the control of an individual homeowner, the use of which is limited to swimming and bathing by members of family or their invited guests.

Private or residential swimming pool means any swimming pool, as defined herein, for use by the members of a single-family residence and invited guests under the control of an individual homeowner, the use of which is not open to the public.

Public natural bathing beach means the same as "natural bathing beach".

Public swimming pool means any swimming pool, as defined herein, and all facilities incident thereto, other than a private residential pool, for collective use by the public for swimming, regardless of whether the person be owner, operator, lesser, lessee, licensor, licensee or concessionaire.

Renovation means any two or more major modifications of an existing pool and/or facility as defined in this section of an existing pool and/or facility involving replacement or reconstruction of pool piping, pool equipment, pool surface, sanitary facilities, pool deck, or similar major changes.

Required means mandated by local, state or federal authorities, or appropriate jurisdiction.

Ritual pool means a pool in which only baptisms and other similar religious functions are conducted.

Run out means a modular pool section that is approximately four feet wide and 20 feet or more in length that is used as an integral part of a water slide.

Sanitary facilities means a building or part thereof that contains toilet rooms, shower rooms, and dressing rooms to be used by bathers before and after swimming.

Seasonal pool means a pool that is opened for a few months during the calendar year, is then closed, and reopens the next year during the same time period.

Shallow area or shallow end means the area of a pool where water depths are less than or equal to five feet.

Slip resisting means a surface that has been treated or constructed to significantly reduce the possibility of a user slipping. The surface shall have a minimum coefficient of friction of 0.6, wet or dry, and not be an abrasion hazard.

Special-purpose pool means any pool designed and used primarily for training, medical purposes, or physical therapy, exercise, or other approved purposes.

Splash pool means a pool designed and operated primarily to receive bathers from a water slide.

Spray pool means an artificial pool or area into which water complying with this article is sprayed, jetted or other means, but is not allowed to settle.

Suction outlet means any opening in the pool provided for circulation, such as a main drain, vacuuming, such as a vacuum fitting, or other approved purpose.

Surge device means a structure and/or mechanical means for automatically compensating for the displacement of pool water from the pool by bathers, waves, evaporation, or similar actions in order to maintain the pool's normal operating water level.

Sun/tanning shelf or shelf means a level, extended area of the pool surface, not located within the internal pool structure, that is intended for bathers to sit or lie down in a shallow depth of pool water, for sunning or tanning, and not intended for wading.

Swimming pool or pool means a watertight structure composed of concrete, masonry or other approved material and finish, located either indoors or outdoors, which is used or designed to be used by humans for bathing, recreation, diving or other related purposes, together with the buildings, appurtenances and equipment required or used in connection therewith. A swimming pool or pool may be publicly or privately owned, and is operated by a person, as defined in this article, regardless whether or not a fee is charged for admission and use. "Pool" also means any swimming pool, whirlpool, wading pool, spray pool, slide pool, multi-purpose pool, zero-depth entry pool, interactive play attraction, special purpose pool, or other designation as used in the context of this article. Ritual pools are excluded from this article. Pools serving two or less private residences, or private residential pools, are excluded from this article.

Theoretical peak occupancy means the anticipated peak number of bathers in an aquatic venue or the anticipated peak number of occupants of the decks of an aquatic facility. This is the lower limit of peak occupancy to be used for design purposes for determining services that support occupancies.

Turnover rate or turnover means the period of time required to circulate a volume of water equal to the pool capacity.

Wading pool means any shallow pool 18 inches or less in depth used or designed to be used for wading or bathing.

Wave pool means a pool that has a mechanical means for generating waves at one end of the pool, typically the deepest portion, with the waves ending at the other end of the pool.

Watercourse pool means a "pool" as defined in this section in which water is moving continuously from one point to another, which users may be partially or wholly submerged, and wherein users may float with or without inner tubes, rafts, or other similar approved water flotation devices. This type of pool is also known as a lazy river.

Water slide, slide, or flume means any water attraction device characterized by having open tubular channels for bathers to enter, ending in a splash pool or runout.

Weir means a device within a skimmer that adjusts automatically to small changes in water level and assures a continuous water flow to the skimmer.

Whirlpool means a pool, spa, hot tub, or other similar structure, which may be used in conjunction with tempered water and air induction or high velocity water circulation systems, and designed for use by a small number of bathers. Whirlpools that are emptied and cleaned after each individual use are exempt from regulation under this article.

Year-round pool means a pool that is opened and available for use throughout the calendar year.

Zero-depth entry pool means a type of pool in which the pool floor intersects the pool water surface.

(Ord. No. 15-0314, 5-6-15; Ord. No. 18-0340, Att. A, 5-16-18)