Cap. 132 sub. leg. CA

Swimming Pools Regulation(78 of 1999 s.7)(Cap. 132, section 42)[3 March 1961](Format changes—E.R. 4 of 2020) 1. (Repealed 78 of 1999 s. 7) 2. Application (1) (Repealed 78 of 1999 s. 7)(2) This Regulation does not apply to any swimming pool— (78 of 1999 s. 7; E.R. 4 of 2020)(a) (Repealed 78 of 1999 s. 7)(b) which serves not more than 20 residential units and to which the public have no access. (L.N. 123 of 1988) 3. Interpretation (1) In this Regulation, unless the context otherwise requires—communicable disease (傳染病) includes amoebiasis, cerebrospinal meningitis, cholera, diphtheria, dysentery, enteric fever, gastroenteritis, acute inflammation of the throat, infectious hepatitis, leprosy, any form of tinea infection, tuberculosis, poliomyelitis, pediculosis, scabies, scarlet fever, smallpox, any venereal disease or any generalized skin infection, trachoma, acute conjunctivitis and any other disease which the Director may, from time to time, declare to be a communicable disease for the purposes of this Regulation; (78 of 1999 s. 7)Director (署長) means the Director of Food and Environmental Hygiene; (78 of 1999 s. 7)residential unit (住宅單位) means a separate household unit in a building constructed, used or intended to be used wholly for the purpose of human habitation; (L.N. 123 of 1988) swimming pool and pool (泳池) means any artificially constructed pool used for swimming or bathing and to which the public have access (whether on payment or otherwise) or which is operated by any club, institution, association or other organization. (L.N. 40 of 1963) (2) Whenever the Director declares any disease to be a communicable disease for the purposes of this Regulation, a notification of such declaration shall be published in the Gazette.(78 of 1999 s. 7) 4. Prohibition of unlicensed swimming pools, etc. (1) Save under and in accordance with a licence granted by the Director, no person shall establish or maintain a swimming pool. (78 of 1999 s. 7)(2) No person shall take any part in the management of a swimming pool the establishment or maintenance of which has not been licensed. 5. Application for licence (1) Every application for any such licence shall be made in writing, addressed to the Director, and shall be accompanied by 3 copies of a plan, as nearly as may be to scale, of the swimming pool and the whole of the precincts thereof, and such plan shall include the following particulars—(a) the size and design of the pool; (b) the depth of water in all parts of the pool; (c) the position and size of all scum gutters; (d) all drainage and intake vents; (e) the position of any filtration or purification plant; (f) the position of any permanent steps or ladders leading into the pool and any hand rails or like fittings of a permanent nature provided for the use of bathers; (g) the position, height and type of any diving boards, chutes, rings or like fittings of a permanent nature provided for the use of bathers; (h) the layout of any paths or open spaces surrounding or adjacent to the pool, together with the means of entry to and exit from the immediate precincts of the pool; (i) the layout of any dressing rooms, wash rooms, showers, foot baths, latrines, canteens, stalls or other structures ancillary to the swimming pool; and (j) every part of the drainage system. (2) Every plan submitted for approval pursuant to the provisions of subsection (1) shall be accompanied by a statement in writing declaring—(a) the source of the water with which the pool will be filled; (b) the type and capacity of any filtration or purification plant which is provided; and (c) the material used for surfacing the internal surfaces of the pool and any sidewalk or standing space immediately adjoining the rim of the pool. (3) Every plan, or any modification thereof, which is approved by the Director shall be endorsed to that effect by the Director, and 1 copy shall be returned to the applicant and the remaining 2 copies shall be retained by the Director.(78 of 1999 s. 7) 6. Conditions for issue of licence (1) No such licence shall be granted unless the Director is satisfied in relation to the swimming pool in respect of which the application for such licence was made, and in relation to the premises pertaining to such swimming pool, that—(a) the plan referred to in section 5 has been approved by the Director and the swimming pool conforms thereto; (b) the source of the water with which the pool will be filled is suitable; (c) the underwater surfaces of the pool are made of impervious material and sufficiently smoothed to prevent undue accumulation of dirt; (d) every junction between a horizontal surface and a vertical surface inside the swimming pool is coved; (e) the pool is fitted with scum gutters of suitable size and adequate drainage; (f) sidewalks, not less than 1.2 m in width and paved or covered with suitable non-slip material, are provided on all sides of the pool, and such sidewalks are laid with falls away from the edge of the pool and drained to channels laid to falls; (L.N. 89 of 1979) (g) all parts of the floor of any dressing room and any room containing any shower, bath, foot bath or latrine are readily accessible for cleaning and are surfaced with impervious material and coved at their junction with any wall; (h) not less than one watercloset is provided for every 25 persons who may be accommodated in the pool and not less than one urinal, fitted with a splash plate, is provided for every 50 such persons: Provided that, where the Director is satisfied that sufficient water for flushing purposes is not available or cannot reasonably be obtained, the Director may accept equivalent dry latrine accommodation, such as aqua-privies and chemical closets, approved by the Director; (i) the pool is provided with filtration or purification plant, or other means of purifying the water therein, capable of maintaining the purity of such water at all times to a standard not less than B. coli absent in 100 cm3 of water; (j) the filtration or purification plant, or other means provided for purifying the water in the pool, is capable of changing the water in the pool, either by circulation through a filtration system or by renewing the water from source, not less than once in every 4 hours in the case of a covered pool or once in every 6 hours in the case of an open air pool; and (k) where underwater electric lighting is provided—(i) all underwater lights are supplied at a voltage not exceeding 25; (ii) such low voltage supply is given by a double wound transformer in an earthed metal casing, with the centre point of the low voltage winding earthed and the transformer located at a safe distance from the pool and completely inaccessible to bathers; and (iii) all wiring from the transformer to the underwater lights is carried out in screwed galvanized conduit or mineral insulated copper covered cable. (2) For the purposes of subsection (1)(h), the number of persons who may be accommodated in any swimming pool shall be based on the maximum capacity of the pool and determined at the rate of one person for every 3 m2 of the water surface of the pool. (L.N. 89 of 1979)(78 of 1999 s. 7) 7. Restriction on alterations after grant of a licence After the grant or renewal of any such licence, no licensee shall, save with the permission in writing of the Director, cause or permit to be made in respect of the swimming pool to which the licence relates—(a) any alteration or addition which would result in a material deviation for the plan approved under section 5; or (b) any material alteration in respect of any matter referred to in section 6.(78 of 1999 s. 7) 8. Safety precautions relating to electrical equipment No person shall place, or permit to be placed, any electrical equipment, fitting or wiring in such a position that it is likely to—(a) come into contact with the water in any swimming pool; or (b) be accessible to any person bathing in any swimming pool or standing on any part of the sidewalk surrounding any swimming pool or on any diving board, chute or other like structure used by bathers. 9. Changing of water Every licensee of a swimming pool shall, at all times during which the swimming pool is in use by bathers, cause the water therein to be completely changed by circulation through a filtration system or by renewal from source—(a) in the case of a covered pool, not less than once in every 4 hours; and (b) in the case of an open air pool, not less than once in every 6 hours. 10. Quality of water A licensee of a swimming pool shall cause the water in the swimming pool to be maintained to—(a) a standard of bacteriological quality, such that—(i) Escherichia coli is absent in pool water samples of 100 mL each, taken at any time at any location in the swimming pool; and(ii) the total bacterial count as determined by the 48-hour plate count method at 37°C does not exceed 200 bacteria per mL of pool water sample taken at any time at any location in the swimming pool; and(b) a standard of clarity, such that—(i) the turbidity of water as expressed in Nephelometric Turbidity Units does not exceed 5; and(ii) the colour of water as expressed in Hazen Units does not exceed 5; and(c) a standard of pH value of not less than 7.0 and not more than 7.8.(78 of 1999 s. 7) 11. Annual emptying of swimming pools Every licensee of a swimming pool shall cause the pool to be emptied of water and thoroughly cleaned not less than once in every year and at such other times as the Director may require by notice in writing served upon the licensee.(78 of 1999 s. 7) 12. Life saving and first aid attendants Every licensee of a swimming pool shall cause to be in attendance at the pool, at all times during which such pool is open to bathers, not less than 2 life saving attendants possessing valid certificates of competency in life saving and first aid issued by an association approved by the Director for that purpose and certifying a standard of competency not less than that of a holder of the pool lifeguard award of the Hong Kong Life Saving Society: (L.N. 39 of 2005)Provided that the Director may upon application modify or waive all or any of the requirements of this section in any particular case. (G.N.A. 119 of 1961)(78 of 1999 s. 7; 59 of 2000 s. 3) 13. General repair and cleanliness of pool, equipment and premises (1) Every licensee of a swimming pool shall cause the pool, all machinery, equipment and fittings ancillary thereto, all sidewalks or open spaces surrounding the same and all dressing, shower, bathing, washing or latrine accommodation provided thereat to be, at all times, maintained in proper repair, in a clean condition and free from noxious matter.(2) If, in the opinion of the Director, any swimming pool has become, or is likely to become, injurious to health by reason of any structural defect or want of repair or by reason of defective filtration or purification plant, the Director may cause a notice in writing to be served upon the licensee thereof requiring him—(a) to carry out, within such time as may be specified in the notice, such work as may be necessary to remove the risk of injury to health; and (b) if it appears to the Director to be necessary, to close such swimming pool until such work has been carried out to his satisfaction. (78 of 1999 s. 7) 14. Prevention of spitting (1) No person shall spit in any swimming pool or on any part of the premises pertaining thereto, except into a drain or latrine or into a spittoon or other receptacle provided for the purpose.(2) Where spittoons or receptacles are provided, the licensee of the swimming pool shall cause each such spittoon or receptacle to contain a disinfectant fluid and to be cleansed, and the fluid renewed, not less than once in every 24 hours.(3) Save as otherwise permitted in writing by the Director, every licensee of a swimming pool shall cause one or more notices, prohibiting spitting and written in English and Chinese, to be continuously displayed in a conspicuous place near the pool and in or near any changing room. (78 of 1999 s. 7) 15. Sterilization of bathing costumes and towels Every licensee of a swimming pool at which bathing costumes or towels are supplied to bathers shall cause each such costume or towel to be sterilized, by immersion for not less than 30 seconds in boiling water, after each occasion upon which it is used by any bather. 16. Exclusion of persons suffering from certain diseases (1) No person shall enter any swimming pool while knowingly suffering from any cutaneous or communicable disease. (2) Save as otherwise permitted in writing by the Director, every licensee of a swimming pool shall cause the provisions of subsection (1) to be continuously displayed in the form of a notice, written in English and Chinese, in a conspicuous place near the pool. (78 of 1999 s. 7) 17. Fees (1) A licence issued under this Regulation shall be valid for a period of 1 year from the date of issue or such shorter period as may be stated in the licence. (2) The fee for the grant or renewal of any such licence shall be the prescribed fee. (L.N. 129 of 1993; L.N. 305 of 1994)(3) If the Director is satisfied that any such licence granted to any person—(a) has been lost, destroyed or accidentally defaced; or(b) requires amendment, the Director may, upon payment of the prescribed fee, issue to such person a duplicate of the licence or make the amendment, as the case may be. (L.N. 160 of 1991; L.N. 75 of 1992; L.N. 352 of 1996; 78 of 1999 s. 7) 18. Offences and penalties (1) Any person who—(a) contravenes any of the provisions of section 4, 8, 14(1) or 16(1); or (b) fails to comply with any of the requirements of a notice served upon him under the provisions of section 13(2), shall be guilty of an offence. (2) In the event of any contravention of any of the provisions of section 7, 9, 10, 11, 12, 13(1), 14(2) or (3), 15 or 16(2), the licensee of the swimming pool shall be guilty of an offence. (3) Any person who is guilty of an offence under this Regulation shall be liable on summary conviction to a fine at level 2 and, where the offence is a continuing offence, shall be liable in addition to a fine of $50 for each day during which it is proved to the satisfaction of the court that the offence has continued. (L.N. 318 of 1987; L.N. 177 of 1996)(78 of 1999 s. 7) 19. Name in which proceedings for offences may be brought Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Secretary for Justice in relation to the prosecution of such offences, prosecutions for an offence under any of the provisions of this Regulation may be brought in the name of the Director.(L.N. 362 of 1997; 78 of 1999 s. 7)