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SB 30 - Public Swimming Pools - regulation

James, Donzella (35th)	Butler, Gloria (55th)

Status Summary	SC:	NATR	HC:	Ind	FR:	01/15/99	LA:	04/20/00	Signed by Governor

First Reader Summary

A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.

Code Sections - 31-43-1/ 31-43-2/ 31-43-3/ 31-43-4/ 31-43-5/ 31-43-6/ 31-43-7/ 31-43-8/ 31-43-9/ 31-43-10/ 31-43-11/ 31-43-12/ 31-43-13

SB 30  00                                             SB30/AP 
 
      SENATE BILL 30 
 
      By:  Senators James of the 35th and Butler of the 55th 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To provide for various matters relating to public health, 
  1- 2  county boards of health, and the Department of Human 
  1- 3  Resources; to amend Title 31 of the Official Code of Georgia 
  1- 4  Annotated, relating to health, so as to provide for 
  1- 5  evaluations of the suitability of sites for on-site sewage 
  1- 6  management systems by certain persons who are registered 
  1- 7  with the Department of Human Resources and by soil and water 
  1- 8  conservation technicians and provide for the effect of such 
  1- 9  evaluations; to provide for exceptions; to provide for the 
  1-10  direction and supervision of certain persons employed by a 
  1-11  county board of health by the district director of 
  1-12  environmental health of the Division of Public Health of the 
  1-13  Department of Human Resources; to provide for the regulation 
  1-14  of public swimming pools; to provide for legislative 
  1-15  purpose; to provide a definition; to provide for annual 
  1-16  permits; to provide for rules and regulations to be adopted 
  1-17  by the Department of Human Resources related to regulation 
  1-18  of the design, operation, and maintenance of public swimming 
  1-19  pools; to provide for suction hazard reduction; to provide 
  1-20  for the inspection of apartment complex pools and of the 
  1-21  issuance of certain reports; to provide for the 
  1-22  applicability of said provisions; to amend Code Section 
  1-23  50-13-4 of the Official Code of Georgia Annotated, relating 
  1-24  to procedural requirements for the adoption, amendment, or 
  1-25  repeal of rules and other matters relating to rules, so as 
  1-26  to provide that the legislative override provisions of said 
  1-27  Code section shall apply to all rules of the Department of 
  1-28  Human Resources relating to swimming pools and on-site 
  1-29  sewage management systems, including interpretive rules and 
  1-30  general statements of policy, and provide for the assignment 
  1-31  of such rules to the chairpersons of certain committees; to 
  1-32  provide for related matters; to provide for an effective 
  1-33  date; to repeal conflicting laws; and for other purposes. 
 
  1-34       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-35                           SECTION 1. 
 
  1-36  Title 31 of the Official Code of Georgia Annotated, relating 
  1-37  to health, is amended by striking in its entirety subsection 
 
 
 
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  2- 1  (b) of Code Section 31-3-5, relating to the functions of 
  2- 2  county boards of health, and inserting in lieu thereof a new 
  2- 3  subsection (b) and by adding at the end thereof a new 
  2- 4  subsection (d) to read, respectively, as follows: 
 
  2- 5    "(b) Each county board of health shall have the power and 
  2- 6    duty to adopt regulations providing standards and 
  2- 7    requirements governing the installation of on-site sewage 
  2- 8    management systems within the incorporated and 
  2- 9    unincorporated area of the county, subject to the 
  2-10    provisions of Code Section 31-2-7, and any rules and 
  2-11    regulations promulgated under such Code section Code 
  2-12    Section 31-2-7, and subsection (d) of this Code section. 
  2-13    Such regulations shall include and be limited to the 
  2-14    following: 
 
  2-15      (1) Specifying the locations within the incorporated and 
  2-16      unincorporated area of the county where on-site sewage 
  2-17      management systems may be installed; 
 
  2-18      (2) Specifying the minimum lot size or land area which 
  2-19      may be served by an on-site sewage management system 
  2-20      based on scientific data regarding on-site sewage 
  2-21      management systems; 
 
  2-22      (3) Specifying the types of residences, buildings, or 
  2-23      facilities which may be served by on-site sewage 
  2-24      management systems; 
 
  2-25      (4) Issuing permits for the installation of on-site 
  2-26      sewage management systems prior to such installation; 
 
  2-27      (5) Inspecting on-site sewage management system 
  2-28      installations prior to the completion of the 
  2-29      installation; and 
 
  2-30      (6) Providing for on-going ongoing maintenance of such 
  2-31      systems, except for nonmechanical residential sewage 
  2-32      management systems." 
 
  2-33      "(d)(1) As used in this subsection, the term: 
 
  2-34        (A) 'Soil classifier' means a person who holds at 
  2-35        least a bachelor of science degree from an accredited 
  2-36        college or university with a major in agronomy, soil 
  2-37        science, or related field and has such other 
  2-38        qualifications as may be specified by the department 
  2-39        by rule. 
 
  2-40        (B) 'Soil and water conservation technician' means a 
  2-41        person employed as a soil and water conservation 
 
 
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  3- 1        technician by a soil and water conservation district 
  3- 2        provided for in Article 2 of Chapter 6 of Title 2. 
 
  3- 3      (2) Any person may qualify as a soil classifier, who 
  3- 4      holds a valid certificate of registration as a 
  3- 5      registered geologist issued pursuant to Chapter 19 of 
  3- 6      Title 43, or who holds a valid certificate of 
  3- 7      registration as a professional engineer issued pursuant 
  3- 8      to Chapter 15 of Title 43 and is practicing within his 
  3- 9      or her area of engineering competency may register with 
  3-10      the Department of Human Resources to conduct 
  3-11      investigations of the suitability of a site within the 
  3-12      state for an on-site sewage management system.  Upon the 
  3-13      submission of an evaluation of the suitability of a site 
  3-14      within the state for an on-site sewage management system 
  3-15      by such a person who is registered with the department 
  3-16      or by a soil and water conservation technician, the 
  3-17      county board of health shall be required to accept the 
  3-18      evaluation unless such evaluation is found by the county 
  3-19      board of health to be deficient or questionable.  If the 
  3-20      county board of health finds such evaluation to be 
  3-21      deficient or questionable, the board shall, within three 
  3-22      working days of making such finding, issue a written 
  3-23      determination stating all deficiencies and all measures 
  3-24      needed to correct the deficiencies. A copy of this 
  3-25      determination shall be provided to the state director of 
  3-26      environmental health.  Level four soils evaluations 
  3-27      submitted to a county board of health under the 
  3-28      provisions of this subsection will be accepted." 
 
  3-29                           SECTION 2. 
 
  3-30  Said title is further amended by designating the existing 
  3-31  language in Code Section 31-3-11, relating to the 
  3-32  appointment of a director and staff of county boards of 
  3-33  health, as subsection (a) of said Code section and by adding 
  3-34  at the end thereof a new subsection (b) to read as follows: 
 
  3-35    "(b) Each employee of a county board of health whose 
  3-36    duties include enforcing those environmental health laws 
  3-37    of this state or environmental health regulations of that 
  3-38    board of health relating to septic tanks or individual 
  3-39    sewage management systems shall be subject to the 
  3-40    direction and supervision of the district director of 
  3-41    environmental health, although the hiring and termination 
  3-42    from employment of such employee shall be subject to the 
  3-43    director of that county board of health.  The employment 
  3-44    activities of such employee with regard to environmental 
 
 
                                 -3- 
 
 
 
  4- 1    health shall be reported to the director of environmental 
  4- 2    health through the district director of environment health 
  4- 3    at least quarterly.  The director of environmental health 
  4- 4    may recommend to that director of that county board of 
  4- 5    health personnel actions, including but not limited to 
  4- 6    termination, which the director of environmental health 
  4- 7    deems appropriate for such employee's failure or refusal 
  4- 8    to comply with the direction of the director of 
  4- 9    environmental health in the carrying out of the 
  4-10    environmental health employment duties of such employee. 
  4-11    As used in this subsection, the term 'director of 
  4-12    environmental health' means the director of environmental 
  4-13    health of the Division of Public Health of the Department 
  4-14    of Human Resources." 
 
  4-15                           SECTION 3. 
 
  4-16  Said title is further amended by adding at the end thereof a 
  4-17  new Chapter 43 to read as follows: 
 
 
 
  4-18    31-43-1. 
 
  4-19    This chapter shall be known and may be cited as 
  4-20    'Michelle's Law.' 
 
  4-21    31-43-2. 
 
  4-22    The purpose of this chapter is to protect the public 
  4-23    health and safety through the proper design, operation, 
  4-24    and maintenance of public swimming pools. 
 
  4-25    31-43-3. 
 
  4-26    As used in this chapter, the term 'public swimming pool,' 
  4-27    'swimming pool,' or 'pool' means any structure, chamber, 
  4-28    or tank containing an artificial body of water used by the 
  4-29    public for swimming, diving, wading, recreation, or 
  4-30    therapy, together with buildings, appurtenances, and 
  4-31    equipment used in connection with the body of water, 
  4-32    regardless of whether a fee is charged for its use.  The 
  4-33    term includes municipal, school, hotel, or motel pools and 
  4-34    any pool to which access is granted in exchange for 
  4-35    payment of a daily fee. This chapter shall not apply to a 
  4-36    private pool or hot tub serving a single family dwelling 
  4-37    and used only by the residents of the dwelling and their 
  4-38    guests.  This chapter also shall not apply to apartment 
  4-39    complex pools, country club pools, subdivision pools which 
  4-40    are open only to residents of the subdivision and their 
 
 
 
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  5- 1    guests, therapeutic pools used in physical therapy 
  5- 2    programs operated by medical facilities licensed by the 
  5- 3    department or operated by a licensed physical therapist 
  5- 4    nor to therapeutic chambers drained, cleaned, and refilled 
  5- 5    after each individual use nor to religious ritual baths 
  5- 6    used solely for religious purposes. 
 
  5- 7    31-43-4. 
 
  5- 8    (a) On or after December 31, 2000, a permit shall be 
  5- 9    obtained from the county board of health in the county in 
  5-10    which a public swimming pool is located prior to 
  5-11    construction or continued operation of a public swimming 
  5-12    pool.  When the ownership of a public swimming pool 
  5-13    changes or if the pool is leased by the owner, it shall be 
  5-14    the responsibility of the new owner or lessee to secure a 
  5-15    permit issued in his or her name. 
 
  5-16    (b) Unless suspended or revoked, a swimming pool operation 
  5-17    permit shall be valid for the period of operation 
  5-18    specified in the application, but in no event shall it be 
  5-19    valid for more than 12 months. 
 
  5-20    31-43-5. 
 
  5-21    A separate application for an operation permit must be 
  5-22    submitted for each public swimming pool.  The owner or 
  5-23    operator shall apply annually to the county board of 
  5-24    health for an operator's permit.  A form must be obtained 
  5-25    from the county board of health to provide: 
 
  5-26      (1) The owner's name, address, and telephone number; 
 
  5-27      (2) The operator's name, address, and telephone number; 
 
  5-28      (3) The street address of the public swimming pool; 
 
  5-29      (4) The physical location of the public swimming pool; 
 
  5-30      (5) The type of public swimming pool; 
 
  5-31      (6) The construction date, if applicable; 
 
  5-32      (7) The proposed operating dates; 
 
  5-33      (8) The type of disinfection; and 
 
  5-34      (9) The signature of the owner or a designated 
  5-35      representative of the owner. 
 
  5-36    31-43-6. 
 
  5-37    Construction of public swimming pools and additions and 
  5-38    alterations to such pools may start only upon issuance and 
 
 
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  6- 1    receipt of a permit pursuant to Code Section 31-43-4 and 
  6- 2    shall be in compliance with plans and data submitted in 
  6- 3    accordance with Code Section 31-43-5 and other data 
  6- 4    approved by the county board of health of the county in 
  6- 5    which each pool is located. 
 
  6- 6    31-43-7. 
 
  6- 7    A permittee shall notify the county board of health at the 
  6- 8    time of completion of the construction of a public 
  6- 9    swimming pool to permit inspection before the pool is 
  6-10    placed in operation. 
 
  6-11    31-43-8. 
 
  6-12    Each public swimming pool shall be inspected by the county 
  6-13    board of health to determine compliance with this chapter 
  6-14    and with the rules and regulations adopted by the 
  6-15    Department of Human Resources.  Pools which open on or 
  6-16    after April 1 and which close on or before October 31 
  6-17    shall be inspected at least once during the period of 
  6-18    operation. All other pools shall be inspected at least 
  6-19    twice a year. 
 
  6-20    31-43-9. 
 
  6-21    A permit for a public swimming pool may be suspended or 
  6-22    revoked by the county board of health for failure to 
  6-23    comply with the provisions of this chapter and the rules 
  6-24    and regulations adopted by the Department of Human 
  6-25    Resources. 
 
  6-26    31-43-10. 
 
  6-27    (a) The Department of Human Resources shall adopt and 
  6-28    promulgate rules and regulations concerning the 
  6-29    construction and operation of public swimming pools. The 
  6-30    Department of Human Resources shall classify public 
  6-31    swimming pools on the basis of size, usage, type, or any 
  6-32    other appropriate factor and shall adopt requirements for 
  6-33    each classification.  The rules shall include requirements 
  6-34    for: 
 
  6-35      (1) Submission and review of plans prior to 
  6-36      construction; 
 
  6-37      (2) Application, review, expiration, renewal, and 
  6-38      revocation or suspension of an operating permit; 
 
  6-39      (3) Inspection; 
 
 
 
 
                                 -6- 
 
 
 
  7- 1      (4) Design and construction including materials, depth 
  7- 2      and other dimensions, and standards for the abatement of 
  7- 3      suction hazards; and 
 
  7- 4      (5) Operation and safety including water source, water 
  7- 5      quality and testing, fencing, water treatment, chemical 
  7- 6      storage, toilet and bath facilities, measures to ensure 
  7- 7      the personal cleanliness of bathers, safety equipment, 
  7- 8      and sewage and other waste-water disposal. 
 
  7- 9    Public swimming pools constructed or remodeled prior to 
  7-10    December 31, 2000, that do not meet specific design and 
  7-11    construction requirements of the rules for public swimming 
  7-12    pools adopted by the Department of Human Resources shall 
  7-13    not be required to comply with design and construction 
  7-14    requirements other than requirements related to the 
  7-15    abatement of suction hazards.  Public swimming pools 
  7-16    constructed or remodeled prior to December 31, 2000, shall 
  7-17    comply with all other rules for public swimming pools 
  7-18    adopted by the Department of Human Resources by January 1, 
  7-19    2003. 
 
  7-20    (b) No single drain, single-suction outlet public swimming 
  7-21    pool shall be allowed to operate unless a protective cover 
  7-22    is properly installed. 
 
  7-23    31-43-11. 
 
  7-24    Each county board of health and its duly authorized agents 
  7-25    are authorized and empowered to enforce compliance with 
  7-26    the provisions of this chapter and the rules and 
  7-27    regulations relating to public swimming pools adopted and 
  7-28    promulgated by the Department of Human Resources and, in 
  7-29    connection therewith, to enter upon and inspect the 
  7-30    premises of a public swimming pool at any reasonable time 
  7-31    and in a reasonable manner. 
 
  7-32    31-43-12. 
 
  7-33    Notwithstanding any provision of Code Section 31-43-13 
  7-34    regarding the applicability of this chapter to the 
  7-35    contrary, a resident or owner of an apartment complex that 
  7-36    is not subject to regulation under this chapter or local 
  7-37    ordinance may request that the county board of health 
  7-38    inspect a pool at such apartment complex.  Upon receipt of 
  7-39    such a request, the county board of health shall have the 
  7-40    authority to inspect such pool at any reasonable time and 
  7-41    in a reasonable manner and issue a report on the condition 
  7-42    of such pool. 
 
 
 
                                 -7- 
 
 
 
  8- 1    31-43-13. 
 
  8- 2    The provisions of this chapter shall apply only in those 
  8- 3    counties where local rules and regulations governing 
  8- 4    public swimming pools are not in effect on December 31, 
  8- 5    2000. Nothing in this chapter shall be construed to limit 
  8- 6    the authority of a county to adopt an ordinance or 
  8- 7    resolution regarding public swimming pools that applies to 
  8- 8    apartment complex pools." 
 
  8- 9                           SECTION 4. 
 
  8-10  Code Section 50-13-4 of the Official Code of Georgia 
  8-11  Annotated, relating to procedural requirements for the 
  8-12  adoption, amendment, or repeal of rules and other matters 
  8-13  relating to rules, is amended by adding at the end thereof a 
  8-14  new subsection (h) to read as follows: 
 
  8-15    "(h) The provisions of subsections (e) and (f) of this 
  8-16    Code section shall apply  to any rule of the Department of 
  8-17    Human Resources that is promulgated pursuant to Code 
  8-18    Section 31-2-7 or 31-43-10, except that the presiding 
  8-19    officer of the Senate is directed to assign the notice of 
  8-20    such a rule to the chairperson of the Senate Defense, 
  8-21    Science and Technology Committee and the presiding officer 
  8-22    of the House of Representatives is directed to assign the 
  8-23    notice of such a rule to the chairperson of the House 
  8-24    Committee on Industry. As used in this subsection, the 
  8-25    term 'rule' shall have the same meaning as provided in 
  8-26    paragraph (6) of Code Section 50-13-2 and shall include 
  8-27    interpretive rules and general statements of policy, 
  8-28    notwithstanding any provision of subsection (a) of this 
  8-29    Code section to the contrary." 
 
  8-30                           SECTION 5. 
 
  8-31  This Act shall become effective December 31, 2000. 
 
  8-32                           SECTION 6. 
 
  8-33  All laws and parts of laws in conflict with this Act are 
  8-34  repealed. 
 
 
 
 
 
 
 
 
 
 
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