§ 35-28-102 — Establishment of a safety program

(a) The director shall establish and maintain a public
pool and spa health and safety program. The director shall carry
out provisions of the public pool and spa health and safety
program and shall be assisted by the department of health. A
local department of health, if established according to law, may
establish and maintain its own local public pool and spa health
and safety program so long as the program meets the requirements
of this act and regulations adopted pursuant to this act. The
director or his designee shall:
(i) Gather health and safety information related to
public pools and spas and disseminate the information to the
public, public pool or spa industry and local departments of
health which have implemented a health and safety program;
(ii) On a voluntary basis, provide health and safety
training for the pool and spa industry in this state, and work
with other state, local and federal agencies to coordinate
public health and safety educational efforts;
(iii) Regulate the health and safety of public pools
and spas. In any area which does not have a local public health
and safety program established pursuant to law, the department
shall issue licenses, conduct inspections and hold hearings to
enforce any legal provision or rule adopted under this act;
(iv) Maintain a statewide database of public pool and
spa license and inspection results;
(v) Work with federal, state and local agencies to
coordinate public health and safety efforts and activities
related to public pools and spas and coordinate with all other
agencies to maintain consistency in inspection and enforcement
activities;
(vi) Establish health and safety priorities related
to public pools and spas for this state;
(vii) Provide laboratory support if needed for the
analysis of water samples used to support inspection activities
and to monitor health and safety;
(viii) Provide support for local health and safety
programs related to public pool and spa programs as authorized
by the legislature;
(ix) Take appropriate action against any person
holding a public pool and spa license for the purpose of
protecting the public health and preventing the transmission of
infectious disease.
(b) The director of the department of health or his
designee shall:
(i) Investigate all possible waterborne illnesses and
outbreaks and request assistance from the department of
agriculture and local health departments as necessary;
(ii) Provide support for local health and safety
programs related to public pool and spa programs as authorized
by the legislature;
(iii) Provide laboratory support for water inspection
and accompanying monitoring activities for the health and safety
of a public swimming pool or spa.
(c) Duties of a local health department shall include:
(i) Issuing licenses, conducting inspections, holding
hearings and taking enforcement actions as necessary to carry
out the provisions of the health and safety program related to
public pools and spas;
(ii) Coordinating activities with the department of
agriculture in order to provide for statewide consistency; and
(iii) Reporting to the department of health any
waterborne outbreak of illness and assisting the department of
health in any outbreak investigations if requested.
(d) A local jurisdiction may provide laboratory support
for water inspection and accompanying monitoring activities for
the health and safety of a public swimming pool or spa.