As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1985, c. 150 (NEW).] 1. Communicable disease. "Communicable disease" is a disease capable of being transmitted from one person to another. [PL 1985, c. 150 (NEW).] 2. Department. "Department" means the Department of Health and Human Services. [PL 1985, c. 150 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).] 2-A. Medical facility pool or medical facility spa. "Medical facility pool" or "medical facility spa" means a pool or spa under the direct supervision and control of licensed medical personnel. [PL 2007, c. 631, §4 (NEW).] 2-B. Pool. "Pool" means a basin, chamber or tank constructed of smooth, impervious and easily cleaned materials, located either indoors or outdoors, in-ground, aboveground or on-ground, provided with a controlled water supply and containing an artificial body of water used for swimming, recreational bathing or wading. "Pool" includes any related equipment, structures, areas and enclosures that are intended for the use of persons using or operating the pool, including equipment, dressing lockers, showers and toilet rooms. [PL 2007, c. 631, §4 (NEW).] 3. Pool depth. "Pool depth" means the distance between the floor of the pool and the maximum operating water level. [PL 1985, c. 150 (NEW).] 4. Residential spa. "Residential spa" means any constructed spa, permanently installed or portable, that is used in connection with a single or multifamily residence, used by tenants of apartment buildings, owners of condominiums or members of property owners associations and available only to these residents and their private guests or used by guests of a lodging place as defined in section 2491, subsection 7-F that has 10 or fewer rooms or cottages. [PL 2023, c. 113, §1 (AMD).] 5. Residential swimming pool. "Residential swimming pool" means any constructed pool that is used for swimming in connection with a single or multifamily residence, used by tenants of apartment buildings, owners of condominiums and members of property owners associations and available only to these residents and their private guests. A pool on the premises of a family child care provider who is licensed or required to be licensed under section 8301-A is a residential swimming pool. [PL 2021, c. 35, §2 (AMD).] 6. Public spa. "Public spa" means any constructed spa other than a residential spa or medical facility spa. [PL 2007, c. 631, §4 (AMD).] 7. Public pool. "Public pool" means any constructed or prefabricated pool other than a residential pool or medical facility pool that is intended to be used for swimming, recreational bathing or wading and is operated by an owner, lessee, tenant or concessionaire or by a person licensed by the department, regardless of whether a fee is charged for use. A pool on the premises of a child care facility that is licensed or required to be licensed under section 8301-A is a public pool. [PL 2007, c. 631, §4 (AMD).] 8. Spa. "Spa" means a unit containing water primarily designed for therapeutic or nontherapeutic use that is not drained, cleaned or refilled for each individual. It may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction bubbles or any combination thereof. "Spa" includes, but is not limited to, a therapeutic pool, hydrotherapy pool, whirlpool, hot spa and hot tub. [PL 2007, c. 631, §4 (AMD).] 9. Swimming pool. [PL 2007, c. 631, §4 (RP).]
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