SB 2174

The Hotel and Public Swimming Pool Inspection Act (the "Act"") authorizes the commissioner of health and the commissioner ' s duly authorized representative; and, in the event of the commissioner ' s absence or vacancy, the deputy commissioner (together, ""com missioner"") to engage in the following conduct:  Prescribe and enforce rules governing the alteration, construction, sanitation, safety, and operation of public swimming pools.  Grant variances and waivers for public swimming pools from the requirements of the Act or such rules as long as such variance or waiver does not constitute a health or safety hazard as determined by the commissioner.  Inspect public swimming pools at least once every three months, and as often as necessary, to determine compliance.  Issue, suspend, and revoke permits to operate public swimming pools.  Notify an owner, proprietor, or agent in charge of changes needed to achieve compliance and to close facilities for failure to comply. The Act prohibits a person from operating a public swimming pool without a valid permit issued by the commissioner on or before April 1 of each year, requires persons operating or proposing to operate a public swimming pool to procure a permit from the co mmissioner, and provides for permit expiration and renewal. The Act also establishes a permit fee to operate a public swimming pool and authorizes suspension of a permit if the commissioner has reasonable cause to believe the permittee is not in complian ce, provided the permittee is given an opportunity to correct violations. Further, a person operating a public swimming pool who fails or refuses to comply with the Act or rules, obstructs or hinders the regulatory authority, or otherwise operates a swimming pool in violation of the Act or rules commits a Class C misdemeanor, a nd each day of operation after notice of noncompliance has been given and the violation has not been corrected constitutes a separate offense. ""PUBLIC SWIMMING POOL"" DEFINED The Act defines “ public swimming pool” to mean a structure of man-made materials, located indoors or outdoors, used for bathing or swimming, or for instructional purposes in swimming, diving, or other aquatic activities by humans, together with buildings, appurtenances, and equipment used in connection with the structure. The Act also includes spa-type, wading, special purpose pools, and water recreation attractions operated at or in various settings to which admission may be gained with or without payme nt of a fee. This bill excludes a privately owned, above-ground swimming pool that meets all of the following criteria:  Is sited indoors at the location of, or a location affiliated with, a fitness facility.  Is installed according to manufacturer instructions.  Has controlled access that prevents unauthorized entry by anyone other than facility staff.  Has functioning equipment necessary to ensure safe water quality and cleanliness.  Is used only by facility staff and students for the purpose of swimming instruction.  Is not used for rental, parties, or open swimming sessions by fitness facility members or customers. This bill narrows the scope of each statutory provision that regulates, requires permits for, imposes fees on, authorizes inspection of, or penalizes operation of a public swimming pool by removing from coverage any indoor, privately owned, above-ground s wimming pool. A pool meeting the exclusion would no longer be subject to the Act ' s requirements that apply to public swimming pools."