South Australian Current Regulations South Australian Current Regulations8—Public swimming pools—obligations of owners, occupiers and
managers
(1) A public
swimming pool must, at all times while it is open for use, be operated and
maintained in accordance with the following requirements:
(a) the
pool water must be disinfected by chlorine or by some other method approved in
relation to pools of that class by the Standard for the Operation of
Swimming Pools and Spa Pools in South Australia prepared by the South
Australian Health Commission in December 1991 as in force from time to
time;
(b) if
chlorine is used to disinfect the pool water—
(i)
the total residual free chlorine concentration in the
water must be at least—
(A) if the chlorine is not stabilised by
the use of cyanuric acid and the water temperature does not
exceed 26°C—1 mg/L; and
(B) if the chlorine is stabilised by the
use of cyanuric acid and the water temperature does not
exceed 26°C—2 mg/L; and
(C) if the chlorine is not stabilised by
the use of cyanuric acid and the water temperature
exceeds 26°C—2 mg/L; and
(D) if the chlorine is stabilised by the
use of cyanuric acid and the water temperature
exceeds 26°C—4 mg/L; and
(ii)
the total chlorine concentration in the water other than
residual free chlorine must not exceed 1 mg/L; and
(iii)
cyanuric acid must not be used to stabilise the chlorine
if the pool is located in an enclosed structure; and
(iv)
if cyanuric acid is used to stabilise the chlorine, the
concentration of cyanuric acid in the water must be maintained between
30 mg/L and 50 mg/L;
(c) the
pH of the water must be maintained between 7.2 and 7.6;
(d) the
alkalinity of the water (calculated as a measure of the total amount of
dissolved alkaline compounds in the water) must be maintained at a
concentration of between 60 mg/L and 200 mg/L;
(e) if a
method other than chlorine is used to disinfect the pool water, the relevant
requirements of the Standard for the Operation of Swimming Pools and Spa Pools
in South Australia prepared by the South Australian Health Commission in
December 1991 as in force from time to time must be complied with, except
to the extent of any inconsistency with another provision of these
regulations;
(f) the
pool must be fitted with—
(A) provides a continuous circulation of
water through the filter; and
(B) passes all water in the pool through
the filter as often as is necessary to ensure that the water in the pool
complies with the minimum disinfection levels prescribed by this regulation
and in any event—
• in the case of
a waterslide pool—at least once in every hour;
• in the case of
a wading pool or hydrotherapy pool—at least once in every 2 hours;
• in any other
case—at least once in every 6 hours; and
(C) maintains the water in a clean, clear
condition so that a matt black disc, or a disc that contrasts with the colour
of the bottom of the pool, 150 mm in diameter, is (or would be) clearly
visible from above the water at the deepest part of the pool; and
(ii)
automatic equipment that continuously analyses and
controls the level of disinfectant in the water and the pH level of the
water (at least to the levels referred to in this regulation).
(2) The following
steps must be taken to monitor compliance with subregulation (1) at such
intervals as are reasonably necessary having regard to the size of the pool,
level of use of the pool, ambient air temperature and any other relevant
factor (but, in any event, at least once in every day that the pool is or has
been open for use):
(a) the
results of the analysis made by the equipment referred to in
subregulation (1)(f)(ii) must be read and recorded; and
(b)
manual tests must be carried out to verify the accuracy and reliability of the
equipment referred to in subregulation (1)(f)(ii) and the results of
those tests recorded; and
(c)
other manual tests in relation to matters not measured by that equipment must
be carried out and the results of those tests recorded.
(3) Records made under
subregulation (2) must be kept for a period of 2 years and made
available for inspection at any time on request by an authorised officer.
(4) If, at any time
while the pool is open for use, the filtration system ceases to operate or a
reading taken under this regulation indicates that the total chlorine
concentration in the water exceeds 10 mg/L, the pool must immediately be
closed to the public.
(5)
Subregulation (1)(f)(i)(B) does not apply to the swimming pools commonly
known as the Naracoorte and Millicent swimming lakes.
(6) If a requirement
under this regulation is not complied with in respect of a
public swimming pool, the owner and occupier of the premises on which the pool
is located and the person responsible for the care, control and management of
the pool are each guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
(7) It is a defence to
a charge of an offence against this regulation if the defendant proves
that—
(a) the
alleged offence was not committed intentionally; and
(b) did
not result from a failure on the part of the defendant to take reasonable care
to avoid the commission of the offence.
(8) Without
limitation, the matters referred to in subregulation (7)(b) will be
proved by the owner or occupier of the premises on which the pool is located
if he or she proves that he or she had taken reasonable care to ensure that
the person who was responsible for the care, control and management of the
pool at the time of the alleged offence was a person with appropriate
knowledge and experience in matters relating to the care, control and
management of public swimming pools.