(1) The following items are critical health and safety violations that require a pool owner or operator to immediately close a pool, spa, or other water feature and related facilities until the safety violations have been resolved:
(a) no filtration is available, whether because the pump has broken or for some other reason;
(b) no sanitizer is available or the sanitizer feeder is not operational;
(c) sanitizer falls outside the parameters set in ARM 37.115.1308, Table 6;
(d) a main drain cover is missing, loose, or unsecured or there is any other entrapment hazard present;
(e) there is a violation of the chlorine gas storage and handling standards set in ARM 37.115.1201;
(f) pool clarity falls outside the parameters set in ARM 37.115.1308, Table 6, or is insufficient to allow an observer to see the main drain from anywhere in or around the pool;
(g) a fecal accident or vomit accident has occurred;
(h) there are not lifeguards or attendants on duty in required numbers where lifeguards or attendants are required;
(i) there is no person currently certified in CPR present at the facility where required;
(j) there is not a "no lifeguard on duty" sign posted in a situation where a lifeguard is not required;
(k) the temperature of the water in a pool, spa, or other water feature exceeds 104°F; except that natural flow through hot springs pools may be 106°F;
(l) lighting in the vicinity of the swimming pool, spa, or other water feature is inadequate to allow an observer to see the main drain from anywhere in or around the pool;
(m) there is a missing vacuum filtering cover;
(n) at an outdoor pool, when thunder is heard or lightning has been sighted, the pool shall close and remain closed until 30 minutes after the last thunder clap is heard, or the last flash of lightening is observed, whichever is greater;
(o) a drowning or other serious accident has occurred and emergency responders or investigators are still present to render aid to the victim or to gather evidence;
(p) pH of the water is less than 7.0 or higher than 7.8, except flow through hot springs which may have a pH up to 9.4; and
(q) the pool, spa, or other water feature does not comply with the requirements of the VGBPSSA based on a visual inspection.
(2) The pool owner or operator is required to self close the swimming pool, spa, or other water feature until any of the above safety violations have been corrected.
(3) The pool owner or operator shall prepare and maintain a record of each instance in which the pool is self-closed to correct a safety violation under this rule. The record shall be signed by the person responsible for correcting the safety violation and it shall document:
(a) the nature of the safety violation;
(b) the date and time the violation occurred;
(c) the date and time the pool was closed;
(d) the measures taken to correct the safety violation; and
(e) the date and time the pool reopened.
(4) If any drowning or other serious accident or injury has occurred, the report shall be submitted to the department within 48 hours of the incident by faxing it to the Food and Consumer Safety Division, Department of Public Health and Human Services, (406) 444-5055.
(5) Failure or refusal of an operator to close a pool, spa, or other water feature when one of the health or safety violations in (1)(a) through (o) has occurred presents an imperative risk to public health and safety that supports emergency closure of the facility and emergency suspension of the facility licenses.