Ordinance on Public Baths (Bäderverordnung) - Purpose

1. This regulation governs the monitoring of water quality and facility-related hygienic conditions of baths in accordance with Article 2, as well as the air quality in indoor swimming pools. Furthermore, it authorizes the executing authority to take appropriate public health measures against related deficiencies.

1. Provisions Regarding Baths Include

a) Public baths with artificial pools such as open-air baths and indoor pools;

b) Baths with restricted public access in schools, hotels, homes, hospitals, clinics, sanatoriums, and similar institutions;

c) Publicly designated natural baths.

1. Public Baths are Accessible to the General Public. The term "baths" also includes associated facilities such as wardrobes, changing rooms, toilets, showers, whirlpools, saunas, steam baths, and operational rooms.

1. Baths according to Art. 2 lit. a and b must be designed in such a way that the health of the bathers and the staff is not endangered by the quality of the bathwater, the air in the rooms, and the hygiene of the facilities.

1. The Department of Health and Social Affairs establishes the technical, hygienic, and operational standards in a directive. It bases these standards on the current editions of recognized norms. These standards may be supplemented as necessary.

2. The bathing water of the pools and the indoor air quality of the swimming halls must meet the established requirements.

3. The structural aspects of the pools according to Art. 2 lit. a and b must conform to the state of the art.

4. Reserved are the special provisions of federal and cantonal decrees, particularly in the areas of environmental protection, hazardous substances, employee protection, accident prevention, and construction.

1. The Office for Food Control is responsible for the random inspection of baths and facilities in accordance with Article 2. This inspection includes chemical, physical, and microbiological examinations of the bathing water, as well as, if necessary, the ambient air and associated facilities.

2. The operators of the baths and the persons responsible for their operation are obliged to assist the control authorities free of charge in the performance of their duties and to provide the necessary information.

3. The Office for Food Control may involve third parties in inspections and sampling.

4. It may order measures, in particular, the rectification of deficiencies or the closure of facilities.

5. The results of examinations and inspections must be communicated in writing to the responsible person and the sponsoring entity.

6. The Office for Food Control may inform the public about the results and inspections.

1. The operator of the swimming pool as referred to in Art. 2 lit. a and b shall designate a person responsible for the operation.

2. The person responsible for the operation of the swimming pool as referred to in Art. 2 lit. a and b is obliged to conduct self-monitoring.

3. The Food Control Office establishes guidelines for self-monitoring.

4. A written documentation must be maintained, containing a description of the swimming pool operations and its organization, a hazard analysis, instructions for personnel, records of measurement results and activities, as well as of special incidents.

5. Records must be retained for at least 5 years.

1. Special incidents must be reported to the Office of Food Control without delay.

1. The operator of the facility shall inform the visitors of the results of the bathing water quality in an appropriate manner.

1. Laboratory investigations are generally subject to fees. Fees are levied for inspections if they have led to objections. The fee schedule for food inspections applies accordingly[4].

1. Appeals against orders of the Office for Food Control can be lodged with the Department of Health and Social Affairs within 20 days.

2. Appeals against decisions of the Department of Health and Social Affairs can be lodged with the Higher Court within 30 days.

1. This regulation shall enter into force on 1 March 2003.