1 ARTICLE 44:02
LODGING AND FOOD SERVICE
Chapter
44:02:01 Food service establishments, Repealed.
44:02:02 Hotels.
44:02:03 Campgrounds, Repealed.
44:02:04 Reversion of fees.
44:02:05 Specialty resorts.
44:02:06 Bed and breakfast establishments.
44:02:07 Food service code.
44:02:08 Vacation homes.
44:02:09 Primitive campgrounds, Repealed.
44:02:10 Full service campgrounds, Repealed.
44:02:11 Limited service campgrounds, Repealed.
44:02:12 Temporary campgrounds, Repealed.
44:02:13 License period and prorated fees.
44:02:14 Campground regulation.
44:02:15 Biological Filtration Pools.
2 ARTICLE 44:02
CHAPTER 44:02:15
BIOLOGICAL FILTRATION POOLS
Section
44:02:15:01 Definitions.
44:02:15:02 Permit application and fee.
44:02:15:03 Renewal requirements.
44:02:15:04 Planning and siting.
44:02:15:05 Infrastructure requirements.
44:02:15:06 Structural and basin design.
44:02:15:07 Diving facilities.
44:02:15:08 Access structures.
44:02:15:09 Decks and concession areas.
44:02:15:10 Fencing and barriers.
44:02:15:11 Hydraulics and circulation.
44:02:15:12 Filtration.
44:02:15:13 Depth markings and signs requirements.
44:02:15:14 Water treatment and water‑quality standards.
44:02:15:15 Immediate closure conditions.
44:02:15:16 Operation and maintenance.
44:02:15:17 Visitor load and capacity.
44:02:15:18 Water-quality monitoring.
44:02:15:19 Documentation and operations log.
3 44:02:15:20 Safety, supervision, and public information.
44:02:15:21 Inspection, compliance, and enforcement.
4 44:02:15:01. Definitions. Terms defined in SDCL 34-18-1 have the same meaning when
used in this chapter. Other terms used in this chapter mean:
(1) "Biological filtration pool," a water recreation facility utilizing a biological filtration
system, as defined in SDCL 34-18-10.5, for the facility’s water treatment;
(2) "Engineered biological filtration system, " a biological filtration system that does not
use aquatic vegetation and instead relies on designed treatment modules, biofilm or filters, or
other engineered biological processes to treat pool water;
(3) "Guest," any person utilizing the pool or adjoining deck of a lodging establishment;
(4) "Inspection," an objective examination of a lodging establishment by the department
to review the employee practices, sanitary conditions, and health standards in accordance with
SDCL chapter 34-18 and this chapter;
(5) "Regeneration zone," the portion of a biological filtration pool that contains aquatic
plants and granular or gravel media designed to biologically and physically filter water when a
plant-based system is used;
(6) "Rinsing fixture," a pool‑side shower head, hose-fed tap, or other rinse device located
on the deck or entry path, used to remove dirt, sand, sunscreen, or sweat before entering the
biological filtration pool, and that is not intended for bathing and does not require soap; and
(7) "Treatment zone," the area of the biological filtration pool containing either a
regeneration zone or an engineered biological filtration system, depending on the system type
installed.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-1, 34-18-10.5, 34-18-24.
5 44:02:15:02. Permit application and fee. A lodging establishment shall obtain a permit
from the department before constructing, or, if a biological filtration pool already exists, before
operating, a biological filtration pool. An application for a permit must contain:
(1) A completed permit application form provided by the department;
(2) Plans and specifications demonstrating compliance with §§ 44:02:15:04 to
44:02:15:13, inclusive;
(3) Documentation demonstrating how the biological system is to meet § 44:02:15:14;
(4) An operation and maintenance plan required under § 44:02:15:16;
(5) A nonrefundable fee of fifty dollars; and
(6) Any additional information required by the department to evaluate public‑health
protection.
The lodging establishment shall renew the permit annually.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-23.
6 44:02:15:03. Renewal requirements. To renew a permit, the lodging establishment
shall submit to the department:
(1) A completed renewal application;
(2) Updated water‑quality testing records; and
(3) Operational updates requested by the department.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-23.
7 44:02:15:04. Planning and siting. A lodging establishment seeking to install a
biological filtration pool shall ensure the site for the pool supports stable ecological and
hydraulic performance. The lodging establishment shall consider the following regarding the
proposed site of the pool:
(1) Groundwater level, soil structure, and suitability for sealing;
(2) Topography, sun exposure, shading, and wind conditions;
(3) Availability of water supply, wastewater disposal, and utility access;
(4) Risk of flooding, noise sensitivity, or interference with surface water drainage; and
(5) Safe access for guests, emergency vehicles, and maintenance equipment.
A biological filtration pool may not be located where uncontrolled stormwater or surface water
may enter the biological filtration pool based on grading, drainage patterns, slope, or observed
runoff behavior.
For purposes of this section, “stable ecological and hydraulic performance” means either a
plant-based regeneration zone with healthy vegetation, permeable substrate, and evenly distributed
flow or an engineered biological filtration system capable of maintaining biological treatment,
consistent hydraulic function, and designed water quality outcomes.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-23.
8 44:02:15:05. Infrastructure requirements. A lodging establishment shall provide the
following infrastructure for the safe operation of the establishment's biological filtration pool:
(1) Separate, dedicated toilets and handwashing facilities, accessible from the pool area;
(2) At least one shower or rinsing fixture, located near the pool entry;
(3) Pathways to the pool designed to minimize the introduction of soil, vegetation, or
debris into the swimming or regeneration areas;
(4) Adequate waste containers that are protected from animals; and
(5) Life-saving equipment in accordance with § 44:02:02:22 and the "Recommended
Standards for Swimming Pool Design and Operation," 1996 edition.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-23.
9 44:02:15:06. Structural and basin design. The lodging establishment installing a
biological filtration pool shall design the pool with the following elements:
(1) The swimming area must be physically separated from the treatment zone;
(2) Depth indicators must be clearly visible at the perimeter;
(3) All decks, platforms, steps, and surfaces must be slip-resistant and cleanable;
(4) Entries and exits must have ladders or stairs that are constructed with non-skid
materials;
(5) One of the following:
(a) If a regeneration zone is used, the substrate must be granular or gravel and not less
than six inches deep; or
(b) If an engineered biological filtration system is used, substrate depth and media
composition must follow the manufacturer’s specifications and support biological activity,
hydraulic flow, and filtration function;
(6) The basin edges and sealing layers must be protected from damage and prevent
uncontrolled inflow or outflow;
(7) If a engineered biological filtration systems is used, it must be installed in accordance
with their design specifications and protected from damage, clogging, or bypass that would
impair biological or hydraulic function.
For purposes of this section, "sealing layers" means any impervious or near‑impervious
structural barrier used to prevent water loss or intrusion, installed as part of the pool basin
design.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
10 Law Implemented: SDCL 34-18-10.5, 34-18-23.
11 44:02:15:07. Diving facilities. A lodging establishment with a biological filtration pool
may only have a pool diving facility that meets the following requirements:
(1) The platform or springboard that is three feet high or less has a minimum water depth
of eleven feet directly beneath the diving plummet;
(2) Pool ladders located within a diving area are positioned at least twenty‑six feet away
from any pool side that contains a diving takeoff point;
(3) If an indoor pool, there is sufficient overhead clearance to prevent divers from
contacting structural elements above the platform or springboard;
(4) A lateral clearance of at least twenty‑six feet from the diving axis is maintained to
allow safe diver exit without crossing the path of incoming divers;
(5) Guard rails are installed on any platform or springboard three feet in height and
extend at least to the edge of the water; and
(6) Access routes to diving platforms are designed to prevent unsafe or rapid entry and
arranged to minimize collision risk.
Diving is prohibited outside the designated diving area.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-23.
12 44:02:15:08. Access structures. A lodging facility with a biological filtration pool shall
ensure the pool has recessed steps, ladders, or stairs. A biological filtration pool wider than thirty
feet must have recessed steps, ladders, or stairs installed on each side. The steps, ladders, and
stairs may not obstruct circulation patterns or treatment zones and must allow safe movement
without creating slip or entrapment hazards.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-23.
13 44:02:15:09. Decks and concession areas. A lodging establishment that installs a deck
for a biological filtration pool must ensure the deck:
(1) Is constructed of slip‑resistant materials suitable for wet environments;
(2) Is designed to prevent runoff to the pool;
(3) Does not interfere with treatment zones;
(4) Does not obstruct the visibility of the water surface; and
(5) Does not use or have carpet.
Deck drainage may not connect directly to circulation systems or treatment zones.
If concessions are provided, concessions must be located in a separate area from the pool deck
that is designated for serving and consuming food or drink.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-23.
14 44:02:15:10. Fencing and barriers. A lodging facility with a biological filtration pool
must enclose or control the biological filtration pool area as needed to prevent unauthorized
access. The lodging establishment shall control or restrict access to any area where hazards may
be present to prevent unauthorized entry. Barriers may not obstruct water visibility or interfere
with ecological and hydraulic performance.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-23.
15 44:02:15:11. Hydraulics and circulation. A lodging establishment operating a
biological filtration pool shall ensure, regarding the pool’s circulation system:
(1) A turnover period not exceeding twelve hours;
(2) Even flow penetration throughout the swimming area and into the treatment zone so
that water movement reaches all areas and depths of the swimming basin without creating
stagnant zones, as verified through visual observation of circulation patterns, proper functioning
and placement of circulation inlets and outlets, and consistent clarity throughout the swimming
area;
(3) The use of free-overfall discharge devices installed with consistent overflow height
tolerances;
(4) Discharge equipment is installed circumferentially around the perimeter of the
swimming area so that water is removed or directed uniformly from all sides, preventing uneven
circulation or stagnation; and
(5) A retention basin or equivalent debris-collection mechanism suitable for the type of
biological treatment system is installed.
For purposes of this section, "turnover period" means the maximum time for the complete
volume of the pool to pass once through the circulation and filtration system.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-23.
16 44:02:15:12. Filtration. A lodging establishment operating a biological filtration pool
shall ensure the pool's treatment zone maintains effective biological filtration using either a
plant-based regeneration zone or an engineered biological filtration system.
If a plant-based regeneration zone is used, the lodging establishment shall install marsh or
submerged vegetation suitable for biological filtration between April first and September thirtieth
and maintain that vegetation to prevent invasive growth, biomass accumulation, impairment of
filtration, or any condition that reduces the biological filtering performance of the treatment
zone. The regeneration zone must be maintained to ensure sufficient biological activity as
necessary for filtration. A treatment zone remains compliant when biological treatment capacity
is maintained, regardless of whether vegetation or engineered filtration is used.
If an engineered biological filtration system is used, the lodging establishment shall
install the system in accordance with manufacturer specifications, maintain the biological media
to ensure active biofilm development and adequate hydraulic permeability, prevent clogging,
media deterioration, or mechanical failures that impair filtration, verify that flow remains evenly
distributed throughout all treatment modules, and replace or service the media as necessary to
maintain the system’s biological treatment capacity.
For purposes of this section, "invasive growth" means vegetation spreading beyond the
intended regeneration zone or obstructing circulation.
For purposes of this section, "biomass accumulation" means excessive buildup of organic
material that interferes with water movement.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-23, 34-18-24.
17 44:02:15:13. Depth markings and signs requirements. A lodging establishment
operating a biological filtration pool shall ensure depth markings and signs for a biological
filtration pool must be in accordance with § 44:02:02:22 and the "Recommended Standards for
Swimming Pool Design and Operation," 1996 edition.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-23.
18 44:02:15:14. Water treatment and water‑quality standards. A lodging establishment
may not use chemical disinfectants as part of routine operation or maintenance of a biological
filtration pool. The pool may be operated only through biological, physical, and mechanical
treatment processes consistent with this chapter.
A lodging establishment must maintain the water quality in the pool with a pH between
6.0 and 9.0. If the pH exceeds 8.5, the lodging establishment must immediately conduct
ammonia testing to detect ammonia toxicity. Ammonia testing conducted due to elevated pH is
required for monitoring purposes only and does not establish an enforceable threshold.
A lodging establishment must maintain the water quality in the pool with a total
phosphorus level of less than 0.01mg/L. If the total phosphorus level exceeds the threshold, the
lodging establishment must investigate and correct potential nutrient sources, and must perform
follow‑up phosphorus testing at least weekly until results return to acceptable levels.
A lodging establishment must maintain the water quality in the pool with a turbidity low
enough to permit clear visibility of the pool bottom at its greatest depth.
A lodging establishment must maintain the water quality with the following microbial
parameters:
Parameter Swimming area water
Escherichia coli CFU*/100mL < 100
Enterococci CFU*/100mL < 50
Pseudomonas aeruginosa CFU*/100mL < 10**
* Colony-forming units
Water-quality testing procedures must follow department-approved methods.
Source:
19 General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-23.
20 44:02:15:15. Immediate closure conditions. The following conditions pose a health
hazard and require immediate closure of the biological filtration pool:
(1) An E. coli test result that exceeds the allowable limits set forth in the section;
(2) Turbidity preventing the pool bottom from being clearly visible;
(3) Pump or circulation failure;
(4) Significant function loss of biological media or vegetation within the treatment zone;
(5) Mechanical or biological failure of engineered filtration modules resulting in loss of
treatment capacity;
(6) Media clogging or deterioration causing hydraulic stagnation or reduced filtration;
(7) Structural failure of treatment components that prevents circulation through the
treatment zone.
(8) Visible sewage or animal contamination;
(9) Excessive algae growth impairing clarity; or
(10) Any other condition the department determines poses an immediate health risk.
For closures because of an E. coli test result, the pool must remain closed until two
consecutive water samples, collected at least twenty-four hours apart, confirm E. coli levels are
within allowable limits. A lodging establishment shall notify the department within twenty-four
hours of receiving any unsafe water-quality result for E. coli. For any other condition that poses a
health hazard and requires immediate closure, the pool must remain closed until the condition no
longer poses a health hazard.
For purposes of this section, "significant functional loss," means a measurable decline in
the biological treatment capacity of the treatment zone, whether due to plant die-off in a
21 regeneration zone or mechanical, media, or biological failure in an engineered biological
filtration system, verified through clarity checks, hydraulic observations, or debris accumulation.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-23.
22 44:02:15:16. Operation and maintenance. Prior to operating a biological filtration
pool, a lodging establishment shall develop and implement a written operation and maintenance
plan for the pool that includes:
(1) Procedures for circulation, skimming, cleaning, and inspection;
(2) Maintenance treatment zone components, whether aquatic plants and substrate or
engineered biological media and modules;
(3) A schedule for water‑quality testing; and
(4) Procedures for responding to contamination or unsafe conditions.
Only mechanical or manual cleaning methods may be used.
The lodging establishment shall perform and document daily operational checks
contained in § 44:02:15:19 of the pool for water clarity, circulation, and water level.
For plant-based systems, the lodging establishment shall observe and document daily that
vegetation is healthy without die-off, has substrate that remains unclogged and permeable, lacks
excessive biomass or debris, and has circulation patterns that show even flow penetration without
stagnation. For engineered biological filtration systems, the lodging establishment shall observe
and document daily that the biological media shows no clogging, treatment modules function
properly, and circulation patterns indicate full flow penetration. Weekly water‑quality testing
records must be maintained at the lodging establishment.
The lodging establishment shall retain records of the daily operation check logs, weekly
water‑quality testing results, documentation of all cleaning and maintenance activities, and all
materials required under the written operation and maintenance plan and must be retained for at
least three years and made available to the department upon request.
23 The lodging establishment must perform routine maintenance of the biological filtration
pool as necessary to preserve biological function.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-23, 34-18-24.
24 44:02:15:17. Visitor load and capacity. A lodging establishment operating a biological
filtration pool shall calculate the maximum nominal number of daily visitors for the pool based
on the biological filtration capacity of the treatment zone:
(1) For plant-based systems, capacity must be calculated using the formula of N = 1/k
(V_T + V_F + A•q), in which:
(a) N = nominal visitor number;
(b) K = person-related thinning factor (10 m³/person);
(c) V_T = regeneration‑capable water volume of utilization area (m³/d);
(d) V_F = daily filling water (m³/d);
(e) A = treatment‑area size (m²); and
(f) q = raw‑water inflow (m³/m²·day); or
(2) For engineered biological filtration systems, the capacity must be based on the
system’s designed daily treatment volume, including:
(a) Manufacturer-rated biological treatment volume (m³/day);
(b) Circulation turnover rate;
(c) Surface area or media volume of treatment modules; and
(d) Any additional hydraulic conditions relevant to maintaining compliance with
§ 44:02:15:14.
The nominal number represents the maximum designed daily visitor capacity of the pool and
may not be routinely exceeded.
Temporary exceedances may occur only if all water-quality requirements remain
compliant and the treatment system, whether a regeneration zone or an engineered biological
filtration system, continues to function within its designed biological and hydraulic load limits.
25 Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-24.
26 44:02:15:18. Water-quality monitoring. From May first through September thirtieth, a
lodging establishment operating a biological filtration pool shall perform:
(1) Daily temperature, pH, and visibility measurements;
(2) Twice-daily clarity checks for transparency;
(3) Monthly total phosphorus and acid-capacity testing;
(4) Nitrate and ammonia testing twice per season, occurring once at the opening of the
pool for the season and once at the closing of the pool for the season; and
(5) Weekly microbial testing submitted to a laboratory certified by the Environmental
Protection Agency.
Outside of May first through September thirtieth, the lodging establishment shall conduct
weekly clarity and circulation checks and monthly pH and nutrient parameters, unless the
biological filtration pool is closed to guests. If the pool is closed to guests outside of May first
through September thirtieth, only monthly monitoring for clarity, pH, and nutrient stability is
required.
The lodging establishment shall take samples from the clean-water inlet and the
utilization area at approximately twelve inches in depth and twenty inches from basin edge.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-24.
27 44:02:15:19. Documentation and operations log. A lodging establishment operating a
biological filtration pool shall maintain a daily log documenting:
(1) All water-quality data recorded under § 44:02:15:18;
(2) The total count of individuals who entered the swimming area during operating
hours;
(3) Weather conditions;
(4) Filling-water quantity;
(5) Circulation volume;
(6) Inspection and maintenance activities; and
(7) Special occurrences.
The records must be retained for three years. The lodging establishment shall make the
documents available to the department upon request.
For purposes of this section, "special occurrences" means any unusual, unexpected, or
abnormal event that affects water quality, circulation, vegetation condition, biological filtration
function, structural integrity, or public-health protection.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-24.
28 44:02:15:20. Safety, supervision, and public information. A lodging establishment
operating a biological filtration pool shall:
(1) Visibly posted signage informing guests that biological filtration pools do not use
chemical disinfectants and may present natural-water health risks;
(2) Ensure that bathing rules are visibly posted; and
(3) Ensure that supervision is adequate for pool layout, capacity, and use.
Source:
General Authority: SDCL 34-18-10.5, 34-18-22.
Law Implemented: SDCL 34-18-10.5, 34-18-24.
29 44:02:15:21. Inspection, compliance, and enforcement. Biological filtration pools are
subject to inspection as provided in SDCL chapter 34-18 and this article. A lodging establishment
operating a biological filtration pool fails an inspection if the department identifies any condition
that poses a risk to public health or safety requiring immediate closure under § 44:02:15:15 when
the pool was open to guests. If a violation is found but does not result in a failed inspection, the
department may order corrective action until compliance is achieved or public-health risks are
eliminated.
Source:
General Authority: SDCL 34‑18‑10.5, 34-18-22.
Law Implemented: SDCL 34-18-10, 34‑18‑10.5, 34-18-24.