Introduction

This article examines Georgia statutes concerning public swimming pool sanitation rules in the context of chemical safety at aquatic facilities.

Scenario

A family visits a waterpark on Lake Tobesofkee Road near Macon, Georgia. While playing in the wave pool, a child experiences severe respiratory distress and skin burns. Medical examination reveals chemical burns consistent with excessive chlorine exposure. Testing shows chlorine levels in the pool were three times the safe limit. The waterpark’s chemical monitoring system had malfunctioned, but staff continued operations without manual testing.

Georgia Law

Public Swimming Pool Regulations

Georgia Code § 31-45-3: “The department is authorized to promulgate rules and regulations for the design, construction, and operation of public swimming pools, spas, and recreational water parks. Such rules and regulations shall include, but shall not be limited to, provisions to ensure the health and safety of the users of public swimming pools, spas, and recreational water parks.”

Water Quality Standards

Georgia Code § 31-45-10: “All public swimming pools shall be equipped with such safety equipment as required by rules and regulations of the department. Lifeguards, when provided, shall be trained in water safety and resuscitation techniques as prescribed by the department.”

Chemical Safety Requirements

Georgia Code § 31-45-11: “The owner or operator of a public swimming pool shall maintain proper water quality and chemical balance in accordance with standards established by the department. Records of chemical testing shall be maintained and made available for inspection.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Conclusion

The scenario describes a child suffering chlorine exposure at a waterpark near Macon, Georgia. Georgia Code § 31-45-3 authorizes pool safety regulations. Georgia Code § 31-45-11 requires proper chemical balance maintenance. These statutes establish the framework for waterpark liability under Georgia law.

FAQ

Q: What authority does Georgia Code § 31-45-3 grant? A: Georgia Code § 31-45-3 authorizes the department to “promulgate rules and regulations” including “provisions to ensure the health and safety of the users of public swimming pools, spas, and recreational water parks.”

Q: What does Georgia Code § 31-45-11 require of pool operators? A: Georgia Code § 31-45-11 requires operators to “maintain proper water quality and chemical balance in accordance with standards established by the department.”

Q: What records must be kept under Georgia Code § 31-45-11? A: Georgia Code § 31-45-11 requires “Records of chemical testing shall be maintained and made available for inspection.”

Q: Where are swimming pool regulations found in the Georgia Code? A: Swimming pool regulations are found in Georgia Code Title 31, Chapter 45.

Q: Does Georgia Code § 51-1-2 apply to waterpark operators? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.