Bill Text: IA SF399 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to the registration and regulation of spray pads, swimming pools, and spas owned or operated by local or state government, commercial interests, or certain private entities, making penalties applicable, and including effective date provisions. (Formerly SSB 1134.) Effective date: 05/03/2023.
Spectrum: Committee Bill
Status: (Passed) 2023-05-03 - Signed by Governor. S.J. 1065. [SF399 Detail]
Download: Iowa-2023-SF399-Enrolled.html
Senate
File
399
-
Enrolled
Senate
File
399
AN
ACT
RELATING
TO
THE
REGISTRATION
AND
REGULATION
OF
SPRAY
PADS,
SWIMMING
POOLS,
AND
SPAS
OWNED
OR
OPERATED
BY
LOCAL
OR
STATE
GOVERNMENT,
COMMERCIAL
INTERESTS,
OR
CERTAIN
PRIVATE
ENTITIES,
MAKING
PENALTIES
APPLICABLE,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
135I.1,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3A.
a.
“Spray
pad”
means
a
constructed
area
that
is
described
by
all
of
the
following:
(1)
The
area
has
no
standing
water.
(2)
The
area
is
equipped
with
water
sprays
or
other
water
play
features
where
the
water
is
intended
to
contact
the
users.
Senate
File
399,
p.
2
(3)
The
area
uses
or
has
a
feature
that
uses
water
that
is
recirculated
independently
or
from
an
associated
swimming
pool.
b.
“Spray
pad”
includes
an
interactive
fountain,
and
a
splash
pad,
spray
park,
wet
deck,
and
water
recreation
attraction.
c.
“Spray
pad”
does
not
include
an
area
that
uses
only
potable
water
that
is
not
circulated
and
is
drained
directly
to
waste.
Sec.
2.
Section
135I.2,
Code
2023,
is
amended
to
read
as
follows:
135I.2
Applicability.
This
chapter
applies
to
all
spray
pads,
swimming
pools
,
and
spas
owned
or
operated
by
local
or
state
government,
or
commercial
interests
or
private
entities
including
but
not
limited
to
facilities
operated
by
cities,
counties,
public
or
private
school
corporations,
hotels,
motels,
camps,
apartments,
condominiums,
and
health
or
country
clubs.
This
chapter
does
not
apply
to
facilities
intended
for
single
family
use
or
to
a
spray
pad,
swimming
pool
,
or
spa
operated
by
a
homeowners’
association
or
housing
cooperative
representing
seventy-two
or
fewer
dwelling
units
if
the
association’s
bylaws
of
the
association
or
cooperative
,
which
also
apply
to
a
rental
agreement
relative
to
any
of
the
dwelling
units,
include
an
exemption
from
the
requirements
of
this
chapter
,
provide
for
inspection
of
the
spray
pad,
swimming
pool
,
or
spa
by
an
entity
other
than
the
department
or
local
board
of
health,
and
assume
any
liability
associated
with
operation
of
the
spray
pad,
swimming
pool
,
or
spa.
This
chapter
does
not
apply
to
a
spray
pad,
swimming
pool
,
or
spa
used
exclusively
for
therapy
under
the
direct
supervision
of
qualified
medical
personnel.
To
avoid
duplication
and
promote
coordination
of
inspection
activities,
the
department
may
enter
into
written
agreements
with
a
local
board
of
health
to
provide
for
inspection
and
enforcement
in
accordance
with
this
chapter
.
Sec.
3.
Section
135I.3,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
person
shall
not
operate
a
spray
pad,
swimming
pool
or
spa
without
first
having
registered
with
the
department.
Registration
shall
be
renewed
annually.
Senate
File
399,
p.
3
Sec.
4.
Section
135I.4,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
is
responsible
for
registering
and
regulating
the
operation
of
spray
pads,
swimming
pools,
spas,
and,
notwithstanding
chapter
89
,
spray
pad,
swimming
pool
,
or
spa
water
heaters.
The
department
shall
conduct
seminars
and
training
sessions,
and
disseminate
information
regarding
health
practices,
safety
measures,
and
operating
procedures
required
under
this
chapter
.
The
department
may:
Sec.
5.
Section
135I.4,
subsections
1,
2,
and
4,
Code
2023,
are
amended
to
read
as
follows:
1.
Inspect,
at
the
time
of
installation
and
periodically
thereafter,
all
spray
pads,
swimming
pools
,
and
spas
for
the
purpose
of
detecting
and
eliminating
health
or
safety
hazards.
2.
Establish
minimum
safety
and
sanitation
criteria
for
the
operation
and
use
of
spray
pads,
swimming
pools
,
and
spas.
4.
Establish
and
collect
fees
to
defray
the
cost
of
administering
this
chapter
.
It
is
the
intent
of
the
general
assembly
that
fees
collected
under
this
chapter
be
used
to
defray
the
cost
of
administering
this
chapter
.
However,
the
portion
of
fees
needed
to
defray
the
costs
of
a
local
board
of
health
in
implementing
this
chapter
shall
be
established
by
the
local
board
of
health.
A
fee
imposed
for
the
inspection
of
a
spray
pad,
swimming
pool
,
or
spa
shall
not
be
collected
until
the
inspection
has
actually
been
performed.
Sec.
6.
Section
135I.6,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
If
the
department
or
a
local
board
of
health
acting
pursuant
to
agreement
with
the
department
determines
that
a
provision
of
this
chapter
or
a
rule
adopted
pursuant
to
this
chapter
has
been
or
is
being
violated,
the
department
may
withhold
or
revoke
the
registration
of
a
spray
pad,
swimming
pool
,
or
spa,
or
the
department
or
the
local
board
of
health
may
order
that
a
facility
or
item
of
equipment
not
be
used,
until
the
necessary
corrective
action
has
been
taken.
The
department
or
the
local
board
of
health
may
request
the
county
attorney
to
bring
appropriate
legal
proceedings
to
enforce
this
chapter
,
including
an
action
to
enjoin
violations.
The
attorney
general
may
also
institute
appropriate
legal
proceedings
at
the
request
Senate
File
399,
p.
4
of
the
department.
This
remedy
is
in
addition
to
any
other
legal
remedy
available
to
the
department
or
a
local
board
of
health.
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
399,
Ninetieth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor
