Bill Text: IA SF399 | 2023-2024 | 90th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
Senate
File
399
-
Reprinted
SENATE
FILE
399
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1134)
(As
Amended
and
Passed
by
the
Senate
March
15,
2023
)
A
BILL
FOR
An
Act
relating
to
the
registration
and
regulation
of
spray
1
pads,
swimming
pools,
and
spas
owned
or
operated
by
local
2
or
state
government,
commercial
interests,
or
certain
3
private
entities,
making
penalties
applicable,
and
including
4
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
SF
399
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399
Section
1.
Section
135I.1,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3A.
a.
“Spray
pad”
means
a
constructed
3
area
that
is
described
by
all
of
the
following:
4
(1)
The
area
has
no
standing
water.
5
(2)
The
area
is
equipped
with
water
sprays
or
other
water
6
play
features
where
the
water
is
intended
to
contact
the
users.
7
(3)
The
area
uses
or
has
a
feature
that
uses
water
that
is
8
recirculated
independently
or
from
an
associated
swimming
pool.
9
b.
“Spray
pad”
includes
an
interactive
fountain,
and
10
a
splash
pad,
spray
park,
wet
deck,
and
water
recreation
11
attraction.
12
c.
“Spray
pad”
does
not
include
an
area
that
uses
only
13
potable
water
that
is
not
circulated
and
is
drained
directly
to
14
waste.
15
Sec.
2.
Section
135I.2,
Code
2023,
is
amended
to
read
as
16
follows:
17
135I.2
Applicability.
18
This
chapter
applies
to
all
spray
pads,
swimming
pools
,
19
and
spas
owned
or
operated
by
local
or
state
government,
or
20
commercial
interests
or
private
entities
including
but
not
21
limited
to
facilities
operated
by
cities,
counties,
public
or
22
private
school
corporations,
hotels,
motels,
camps,
apartments,
23
condominiums,
and
health
or
country
clubs.
This
chapter
does
24
not
apply
to
facilities
intended
for
single
family
use
or
to
25
a
spray
pad,
swimming
pool
,
or
spa
operated
by
a
homeowners’
26
association
or
housing
cooperative
representing
seventy-two
27
or
fewer
dwelling
units
if
the
association’s
bylaws
of
the
28
association
or
cooperative
,
which
also
apply
to
a
rental
29
agreement
relative
to
any
of
the
dwelling
units,
include
an
30
exemption
from
the
requirements
of
this
chapter
,
provide
for
31
inspection
of
the
spray
pad,
swimming
pool
,
or
spa
by
an
32
entity
other
than
the
department
or
local
board
of
health,
and
33
assume
any
liability
associated
with
operation
of
the
spray
34
pad,
swimming
pool
,
or
spa.
This
chapter
does
not
apply
to
a
35
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399
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S.F.
399
spray
pad,
swimming
pool
,
or
spa
used
exclusively
for
therapy
1
under
the
direct
supervision
of
qualified
medical
personnel.
2
To
avoid
duplication
and
promote
coordination
of
inspection
3
activities,
the
department
may
enter
into
written
agreements
4
with
a
local
board
of
health
to
provide
for
inspection
and
5
enforcement
in
accordance
with
this
chapter
.
6
Sec.
3.
Section
135I.3,
unnumbered
paragraph
1,
Code
2023,
7
is
amended
to
read
as
follows:
8
A
person
shall
not
operate
a
spray
pad,
swimming
pool
or
9
spa
without
first
having
registered
with
the
department.
10
Registration
shall
be
renewed
annually.
11
Sec.
4.
Section
135I.4,
unnumbered
paragraph
1,
Code
2023,
12
is
amended
to
read
as
follows:
13
The
department
is
responsible
for
registering
and
regulating
14
the
operation
of
spray
pads,
swimming
pools,
spas,
and,
15
notwithstanding
chapter
89
,
spray
pad,
swimming
pool
,
or
spa
16
water
heaters.
The
department
shall
conduct
seminars
and
17
training
sessions,
and
disseminate
information
regarding
health
18
practices,
safety
measures,
and
operating
procedures
required
19
under
this
chapter
.
The
department
may:
20
Sec.
5.
Section
135I.4,
subsections
1,
2,
and
4,
Code
2023,
21
are
amended
to
read
as
follows:
22
1.
Inspect,
at
the
time
of
installation
and
periodically
23
thereafter,
all
spray
pads,
swimming
pools
,
and
spas
for
the
24
purpose
of
detecting
and
eliminating
health
or
safety
hazards.
25
2.
Establish
minimum
safety
and
sanitation
criteria
for
the
26
operation
and
use
of
spray
pads,
swimming
pools
,
and
spas.
27
4.
Establish
and
collect
fees
to
defray
the
cost
of
28
administering
this
chapter
.
It
is
the
intent
of
the
general
29
assembly
that
fees
collected
under
this
chapter
be
used
to
30
defray
the
cost
of
administering
this
chapter
.
However,
the
31
portion
of
fees
needed
to
defray
the
costs
of
a
local
board
of
32
health
in
implementing
this
chapter
shall
be
established
by
the
33
local
board
of
health.
A
fee
imposed
for
the
inspection
of
a
34
spray
pad,
swimming
pool
,
or
spa
shall
not
be
collected
until
35
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S.F.
399
the
inspection
has
actually
been
performed.
1
Sec.
6.
Section
135I.6,
unnumbered
paragraph
1,
Code
2023,
2
is
amended
to
read
as
follows:
3
If
the
department
or
a
local
board
of
health
acting
pursuant
4
to
agreement
with
the
department
determines
that
a
provision
5
of
this
chapter
or
a
rule
adopted
pursuant
to
this
chapter
6
has
been
or
is
being
violated,
the
department
may
withhold
7
or
revoke
the
registration
of
a
spray
pad,
swimming
pool
,
or
8
spa,
or
the
department
or
the
local
board
of
health
may
order
9
that
a
facility
or
item
of
equipment
not
be
used,
until
the
10
necessary
corrective
action
has
been
taken.
The
department
or
11
the
local
board
of
health
may
request
the
county
attorney
to
12
bring
appropriate
legal
proceedings
to
enforce
this
chapter
,
13
including
an
action
to
enjoin
violations.
The
attorney
general
14
may
also
institute
appropriate
legal
proceedings
at
the
request
15
of
the
department.
This
remedy
is
in
addition
to
any
other
16
legal
remedy
available
to
the
department
or
a
local
board
of
17
health.
18
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
19
importance,
takes
effect
upon
enactment.
20
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