To: Board of Health
Through: Jennifer Ludwig, Public Health Director, Arapahoe County Public Health
Prepared By:
prepared
Steven Chevalier, Environmental Health Manager (Early Childhood, Schools and Environmental Protection), Public Health
end
presenter
Presenters: Steven Chevalier, Environmental Health Manager (Early Childhood, Schools and Environmental Protection), Public Health
end
Subject:
title
Local Adoption of the Colorado Swimming Pools and Mineral Baths Regulations
Purpose and Request:
recommended action
Arapahoe County Public Health (ACPH) requests that the Board of Health adopt a resolution locally adopting by reference the Colorado Swimming Pools and Mineral Baths Regulations, 5 CCR 1003-5 (Regulations), for administration and enforcement within ACPH’s jurisdiction.
ACPH currently administers and enforces the Regulations for public and semi-public aquatic venues. The proposed resolution would formally establish the existing state code as the local regulatory baseline for the program. It would not change the standards currently applied to regulated facilities.
The resolution would also direct ACPH to begin a separate, stakeholder-informed process to develop proposed local aquatic venue regulations for future consideration by the Board. That future process will include evaluation of the standards in the Centers for Disease Control and Prevention’s (CDC) Model Aquatic Health Code (MAHC), along with potential permitting or licensing requirements, fees, and associated enforcement procedures.
The resolution does not adopt the MAHC, establish a licensing program, approve new fees, or impose new technical requirements at this time.
end
Background and Discussion: ACPH voluntarily operates a local inspection program for public and semi-public aquatic venues because the program provides meaningful public health protection. Colorado law and regulation authorize local public health agencies to administer and enforce the Regulations, but ACPH does not operate the program through a delegation agreement with CDPHE.
The program currently covers approximately 126 aquatic facilities, including pools, spas, therapy pools, splash pads, and similar venues. Staff review plans for new and modified facilities, conduct opening and routine inspections, evaluate water chemistry and treatment systems, investigate complaints and reports of illness, provide operator education, require corrective action, and close facilities when conditions meet applicable closure criteria or otherwise pose a public health risk. This work helps prevent recreational water illness, chemical exposure, entrapment, and other hazards that may not be apparent to swimmers.
ACPH already has authority to operate the program under state law and regulation. Adopting the Regulations locally would not create new authority or change the requirements currently applied to aquatic facilities. Rather, it would establish baseline local standards that could later be amended or supplemented through a separate rulemaking process to create a more comprehensive Arapahoe County aquatic venue regulatory framework.
The state regulations expressly allow local governments and boards of health to adopt the CDC Model Aquatic Health Code, in whole or in part, through local ordinances or rules. Other Colorado jurisdictions, including Larimer, Summit, and Pueblo counties, have used this authority to establish local aquatic venue regulations. The MAHC is a comprehensive, science-based model code addressing aquatic venue design, construction, operation, maintenance, water quality, contamination response, operator practices, and permitting. Because it is substantially broader and more detailed than the current Colorado regulations, staff is not recommending immediate adoption.
Instead, ACPH intends to convene stakeholders, review approaches used by other Colorado jurisdictions, determine which MAHC provisions are appropriate for Arapahoe County, compare those provisions with current state requirements, and complete legal, operational, and fiscal analysis. That process may also evaluate operating permits or licensing, enforcement procedures, staffing and information-system needs, and a cost-based fee structure. Any proposed local regulations, MAHC provisions, licensing requirements, or fees would return to the Board through a separate public process.
The proposed resolution would therefore adopt the Regulations by reference as the initial local regulatory framework and direct staff to begin developing more comprehensive local aquatic venue regulations. It would not adopt the MAHC, establish licensing or new fees, expand the types of facilities currently regulated, or change existing technical standards.
Fiscal Impact: N/A
Staff Recommendation: Staff recommends the Board of Health approve the proposed resolution adopting the Colorado Swimming Pools and Mineral Baths Regulations, 5 CCR 1003-5, by reference.