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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 6342 (October 1, 2022).

28 Pa. Code § 17.112. Minimum program activities.

§ 17.112. Minimum program activities.

 Local health departments may choose to do application processing or surveillance and monitoring, or both; local health departments carrying out surveillance and monitoring activities must also carry out the enforcement activities. The following shall be considered minimum activities in the public bathing place—swimming pools and beaches—program.

   (1)  Application processing. Local health departments:

     (i)   Shall, in accordance with DER policies and procedures, review applications for permits for new and modified public bathing places for conformance with DER rules and regulations and standards.

     (ii)   Shall make recommendations to DER relative to permit issuance.

   (2)  Surveillance and monitoring. Surveillance and monitoring shall conform with the following:

     (i)   The following provisions apply:

       (A)   Inspections of public bathing places shall be made throughout the year during periods of use as often as necessary to determine compliance with established rules, regulations, standards, and permit conditions.

       (B)   Sanitary surveys of public bathing beaches shall be conducted at least annually.

       (C)   The local health department shall evaluate operations reports submitted by public bathing place permittees.

     (ii)   All surveillance and monitoring shall be carried out in accordance with DER policies and procedures.

   (3)  Enforcement. Local health departments shall carry out any necessary enforcement activities within the scope of the act, the Public Bathing Law (35 P. S. § §  672—680(d)), and other applicable laws to ensure compliance on the part of public bathing place owners/operators.

   (4)  Laboratory services. Adequate laboratory services acceptable to DER must be readily available to make analytical determinations. These services may be provided by the local health department, DER or private laboratories. DER will be available for consultation.

   (5)  Rules and regulations. Local health departments shall enforce the provisions of Chapter 18 (relating to swimming and bathing places) or shall, in accordance with applicable laws, adopt ordinances or regulations which are as stringent as and are consistent in intent and purpose with that chapter.

   (6)  Meetings. Local health departments are required to attend periodic meetings with DER for the purpose of program planning, development, reporting, evaluation and coordination to provide an orderly, efficient delivery of this environmental health program on a Statewide basis.

Cross References

   This section cited in 28 Pa. Code §  17.3 (relating to meetings).

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