MODIFY PUBLIC SWIMMING POOL REQUIREMENTS.

View NCGA Bill Details2011-2012 Session
Senate Bill 368 (Public) Filed Thursday, March 17, 2011
TO MODIFY THE APPLICABILITY OF CERTAIN FENCING REQUIREMENTS FOR PUBLIC SWIMMING POOLS.
Intro. by Tucker, Rouzer.

Status: Ch. SL 2011-39 (Senate Action) (Apr 12 2011)
S 368/S.L. 2011-39

Bill Summaries:

  • Summary date: Apr 13 2011 - More information

    AN ACT TO (1) MODIFY THE APPLICABILITY OF CERTAIN FENCING REQUIREMENTS TO PUBLIC SWIMMING POOLS; (2) PROVIDE THAT REQUIREMENTS RELATED TO DRESSING AND SANITARY FACILITIES DO NOT APPLY TO INTERACTIVE PLAY ATTRACTIONS; (3) DIRECT THE COMMISSION FOR PUBLIC HEALTH TO STUDY ISSUES RELATED TO FENCING REQUIREMENTS FOR WADING POOLS; AND (4) TEMPORARILY PROHIBIT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FROM ENFORCING CERTAIN REQUIREMENTS RELATED TO FENCING FOR WADING POOLS. Summarized in Daily Bulletin 3/17/11, 3/22/11, and 3/31/11. Enacted April 12, 2011. Effective April 12, 2011.


  • Summary date: Mar 31 2011 - More information

    House committee substitute makes the following changes to 2nd edition.
    The previous edition codified, in GS 130A-281 and 130A-282, the prohibitions on the Department of Environment and Natural Resources (DENR) against denying an operation permit to owner/operators of public swimming pools for failure to comply with fencing requirements unless certain conditions were met, and for failing to provide dressing/sanitary facilities in certain circumstances. New edition retains the same prohibitions, but removes the directives from codification, and instead directs the Commission for Public Health to adopt rules consistent with the directives to DENR before January 1, 2012. Clarifies that an owner/operator of a public swimming pool that received an operation permit before April 1, 2010 (was, who had a fence constructed before April 1, 2010) is required to comply with fencing rules (1) when at least 50% of the fence is damaged or destroyed or (2) the owner/operator elects to replace the fence.


  • Summary date: Mar 22 2011 - More information

    Senate committee substitute makes the following changes to 1st edition.
    Clarifies proposed GS 130A-282(b)(3) to except the owner/operator of a fountain from providing dressing and sanitation facilities or fencing in connection with the fountain if the fountain: (1) is located on public grounds or in a public park, (2) is not associated with a swimming pool, (3) incorporates sprayed water that contacts the user, and (4) does not incorporate standing water as part of the user activity area. Requires the owner/operator to comply with all other rules for public swimming pools classified as interactive play attractions.


  • Summary date: Mar 17 2011 - More information

    Enacts new subsection (b) to GS 130A-281, which requires a swimming pool permit, to prohibit the Department of Environment and Natural Resources (DENR) from denying an operation permit to an owner or operator of a public swimming pool that received a permit before April 1, 2010, solely due to owner or operator’s failure to comply with specified fencing requirements. However, allows DENR to deny a permit for failure to comply when (1) at least 50% of the fence has been damaged or destroyed or (2) the owner or operator elects to replace the fence. Makes a conforming change.
    Adds two exceptions in GS 130A-282(b), which excepts certain public swimming pools from listed rules, as follows: (1) the owner/operator of a public swimming pool with a fence constructed before April 1, 2010, must comply with the specified fencing requirements only when 50% of the fence is damaged or destroyed, or the owner replaces the fence and (2) the owner or operator of a fountain located on public grounds or in a public park that is not associated with a pool and incorporates devices with sprayed water is not required to provide dressing and sanitation facilities. Requires the excepted owner or operator to comply with all other applicable rules. Makes a conforming change and makes other clarifying changes.
    Directs the Commission for Public Health (Commission) to review the safety benefits of 15A NCAC 18A .2531(a)(7), which requires a wading pool to be separated from a swimming pool by a fence or other structure, and to specifically consider whether allowing a parent with a child in each pool to quickly move between the two pools would be more or less beneficial. Directs the Commission to report to the Joint Regulatory Committee by March 1, 2012.
    Prohibits the Department from requiring owners and operators of public swimming pools to comply with 15A NCAC 18A .2531(a)(7) from the date the act becomes law through July 1, 2012.


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