Bill Summary for S 368 (2011-2012)

Summary date: 

Mar 17 2011

Bill Information:

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.

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Bill summary

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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