Bill Text: MI HB6190 | 2019-2020 | 100th Legislature | Engrossed


Bill Title: Health: other; public swimming pool requirements; extend to include learn to swim facilities. Amends secs. 12521, 12522, 12523, 12524, 12525, 12526, 12527, 12527a, 12528, 12529, 12530, 12531, 12531a, 12532, 12533 & 12534 of 1978 PA 368 (MCL 333.12521 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2020-11-18 - Referred To Committee Of The Whole [HB6190 Detail]

Download: Michigan-2019-HB6190-Engrossed.html

 

 

Substitute For

HOUSE BILL NO. 6190

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 12521, 12522, 12523, 12524, 12525, 12526, 12527, 12527a, 12528, 12529, 12530, 12531, 12531a, 12532, 12533, and 12534 (MCL 333.12521, 333.12522, 333.12523, 333.12524, 333.12525, 333.12526, 333.12527, 333.12527a, 333.12528, 333.12529, 333.12530, 333.12531, 333.12531a, 333.12532, 333.12533, and 333.12534), sections 12521, 12527, 12527a, 12528, 12529, and 12532 as amended by 2004 PA 408, section 12522 as amended by 2014 PA 430, section 12525 as amended by 1980 PA 522, section 12531a as added by 1989 PA 153, and section 12533 as amended by 1989 PA 153.

the people of the state of michigan enact:


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Sec. 12521. As used in sections 12521 to 12534:


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(a) "Department" means the department of environmental quality.environment, Great Lakes, and energy.

(b) "Local health department" means that term as defined under section 1105.

(b) "Learn to swim facility" means a swimming pool facility that is used primarily for a member-based swim instruction business.

(c) "Person" means a person that term as defined in section 1106 or a governmental entity.

(d) "Public swimming pool" means an artificial body of water for a qualified premises that is used collectively by a number of individuals primarily for the purpose of swimming, wading, recreation, or instruction and includes related equipment, structures, areas, and enclosures intended for the use of individuals using or operating the swimming pool such as equipment, dressing, locker, shower, and toilet rooms. Public swimming pools include those which are for parks, schools, motels, camps, resorts, apartments, clubs, hotels, mobile home parks, subdivisions, waterparks, and the like. A public swimming pool does not include a pool or portable pool located on the same premises with a 1-, 2-, 3-, or 4-family dwelling and for the benefit of the occupants and their guests, a natural bathing area such as a stream, lake, river, or man-made lake or pond that uses water from natural sources and has an inflow and outflow of natural water, an exhibitor's swimming pool built as a model at the site of the seller and in which swimming by the public is not permitted, or a pool serving not more than 4 hotel, motel, apartment, condominium, or similar units. is not a public swimming pool.

(e) "Qualified premises" includes, but is not limited to, a


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park, school, motel, camp, resort, apartment, club, hotel, mobile home park, subdivision, and waterpark.

Sec. 12522. (1) The department shall review the design, construction, and operation of public swimming pools and learn to swim facilities to protect the public health, prevent the spread of disease, and prevent accidents or premature deaths.

(2) Except as otherwise provided in subsection (3), the The department shall promulgate rules to carry out sections 12521 to 12534. Rules that apply to public swimming pools continue to apply to learn to swim facilities unless the department rescinds the rules or the rules are amended so as not to apply to learn to swim facilities.

(3) Until December 31, 2018, rules pertaining to lifeguarding promulgated by the department under subsection (2) do not apply to a pool that meets all of the following requirements:

(a) It is located in a health and wellness center that is owned or operated by a community hospital authority as authorized under 1945 PA 47, MCL 331.1 to 331.11.

(b) The total pool water surface area within the swimming pool enclosure is not more than 2,400 square feet.

(c) No diving board is provided.

Sec. 12523. The department has supervisory and visitorial power and control as limited in sections 12521 to 12534 over persons engaged in the construction and operation of public swimming pools and learn to swim facilities.

Sec. 12524. (1) The department, its agents or representatives, or representatives of a designated local health department shall make periodic inspections of public swimming pools and learn to swim facilities.


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(2) The department, its agents or representatives, or representatives of a designated local health department may enter upon the premises of a public swimming pool premises or learn to swim facility and may enter upon other property of a person at all reasonable times for the purpose of inspecting the public swimming pool and learn to swim facility and carrying out the authority vested in the department under sections 12521 to 12534.

Sec. 12525. (1) A person intending to construct a public swimming pool or learn to swim facility, or intending to modify an existing public swimming pool or learn to swim facility, shall submit plans and specifications for the proposed installation accompanied by a fee specified in section 12527a to the department for review and approval and shall secure a permit for the construction. A person shall not start or engage in the construction of a public swimming pool or learn to swim facility or modify an existing public swimming pool or learn to swim facility until the permit for the construction is issued by the department.

(2) Sections 12521 to 12534 or an action of the department shall do not relieve the applicant or owner of a public swimming pool or learn to swim facility from the responsibility for of securing a building permit or complying with applicable local codes, regulations, or ordinances not in conflict with sections 12521 to 12534. Compliance with an approved plan does not authorize the owner constructing or operating a public swimming pool or learn to swim facility to create or maintain a nuisance or a hazard to health or safety.

(3) Plans and specifications submitted for the purpose of obtaining a construction permit shall must include a true description of the entire swimming pool system and auxiliary


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structures or parts thereof as proposed to be constructed and operated.

Sec. 12526. (1) The department shall examine the plans and specifications submitted under section 12525 and determine whether the swimming pool facilities, if constructed in accordance therewith, with the plans and specifications, are or would be sufficient and adequate to protect the public health and safety. If the plans and specifications are approved, the department shall issue a permit for construction. If the plans and specifications are not approved, the department shall notify the applicant or the applicant's representative of the deficiencies. The applicant may have the plans and specifications amended to remedy the deficiencies and resubmit the documents, without additional fee, for further consideration.

(2) A construction permit shall be is valid for not more than 2 years after the date of issuance unless a written time extension is granted by the department.

(3) Each public swimming pool shall and learn to swim facility must be constructed or modified in accordance with the approved plans and specifications unless written approval of a change is granted by the department.

Sec. 12527. (1) A person shall not operate a public swimming pool shall not be operated or learn to swim facility without obtaining a license.

(2) A person engaged in the operation of a public swimming pool or learn to swim facility shall obtain a license to operate the public swimming pool or learn to swim facility from the department, its agent or representative, or a representative of a designated local health department and shall pay an initial or


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renewal fee as specified in section 12527a.

(3) A The owner of a public swimming pool or learn to swim facility shall display the license shall be displayed by the owner in a conspicuous place on the premises.

(4) A license shall expire expires on December 31 of every third year if the annual renewal fee is paid or as stipulated on the license, whichever is sooner.

(5) A license shall must be renewed upon on the receipt of a proper application, an annual renewal fee as specified in section 12527a, and evidence that the public swimming pool or learn to swim facility is being operated and maintained in accordance with sections 12521 to 12534 and the applicable rules and regulations.

(6) A license shall not be transferred is not transferrable to another person but it a license may be replaced by another license upon on the receipt of a proper application and the fee specified in section 12527a.

Sec. 12527a. (1) The fees related to public swimming pool and learn to swim facility regulation under this part are as follows:

(a)

Construction permit fee for a swimming pool with a

 

 

surface area as follows:

 

(i)

500 square feet or less..........................

$

550.00

(ii)

501 to 1,500 square feet.........................

$

700.00

(iii)

1,501 to 2,400 square feet.......................

$

800.00

(iv)

2,401 to 4,000 square feet.......................

$

1,300.00

(v)

More than 4,000 square feet......................

$

1,800.00

(b)

Construction permit fee for modification

 

 

of an existing swimming pool.....................

$

275.00

(c)

Initial license fee for a swimming pool

 


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with a surface area as follows:

 

(i)

500 square feet or less..........................

$

550.00

(ii)

501 to 1,000 square feet.........................

$

600.00

(iii)

1,001 to 1,500 square feet.......................

$

625.00

(iv)

1,501 to 2,000 square feet.......................

$

650.00

(v)

2,001 to 2,500 square feet.......................

$

700.00

(vi)

2,501 to 3,500 square feet.......................

$

800.00

(vii)

3,501 to 4,500 square feet.......................

$

900.00

(viii)

More than 4,500 square feet......................

$

1,000.00

(d)

Initial license fee for a modified swimming

 

 

pool.............................................

$

275.00

(e)

Annual renewal license fee, to December 31.

$

55.00

(f)

Late annual renewal license fee, after

 

 

December 31 through April 30.....................

$

100.00

(g)

Lapsed annual renewal license fee, after

 

 

April 30.........................................

$

150.00

(h)

Replacement license fee for transfer to

 

 

another person...................................

$

50.00

(2) The department may adjust the amounts prescribed in subsection (1) every 3 years by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit consumer price index Consumer Price Index and rounded to the nearest dollar.

(3) A person that has a valid, current permit to operate a public swimming pool on the effective date of the amendatory act that added this subsection November 29, 2004 is not required to pay an initial license fee as specified in this section.

(4) A person that has a valid, current permit to operate a learn to swim facility on the effective date of the amendatory act


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that added this subsection is not required to pay an initial license fee as specified in this section.

(5) As used in this section, "Detroit Consumer Price Index" means the most comprehensive index of consumer prices available for the Detroit area from the Bureau of Labor Statistics of the United States Department of Labor.

Sec. 12528. If upon investigation, the department, its agent or representative, or a representative of a designated local health department finds that a public swimming pool or learn to swim facility was not constructed or modified in accordance with the approved plans and specifications, the department, its agent or representative, or a representative of a designated local health department shall give written notice to the applicant that the license will not be issued, citing the deficiencies or noncomplying items that constitute the reasons for not issuing the license and a date by which the licensee shall comply. An applicant who fails to correct the deficiencies or noncomplying items within the time specified shall must be denied a license.

Sec. 12529. The department may, in accordance with the administrative procedures act of 1969, revoke the a license to operate a public swimming pool or learn to swim facility upon a finding that the public swimming pool or learn to swim facility is not being operated or maintained in accordance with sections 12521 to 12534 or the rules. A person aggrieved by a decision of the department or its authorized representative to revoke the license may appeal to a court of competent jurisdiction as provided by the administrative procedures act of 1969. A license that has been revoked shall must be reissued only when the department determines the deficiencies are corrected.


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Sec. 12530. The department shall provide for a system of periodic reports covering the operation of the a public swimming pool and learn to swim facility so that the department may readily determine compliance with sections 12521 to 12534 and the rules.

Sec. 12531. If the department, its agent or representative, or a representative of a designated local health department considers that conditions warrant prompt closing of a public swimming pool or learn to swim facility until sections 12521 to 12534 and the rules are complied with for the protection of the public health and safety, the department or designated local health department may order the owner or operator of the public swimming pool or learn to swim facility to prohibit an individual from using it until corrections are made to protect adequately the public health and safety.

Sec. 12531a. A person shall not prohibit the use of a coast guard approved life jacket in a public swimming pool or learn to swim facility by an individual who has in his or her possession a statement signed by a licensed physician stating that the individual has a physical disability or condition that necessitates the use of a life jacket. An individual assumes the risk of any injury to himself or herself caused by the use of a life jacket as provided in this section which that is not otherwise caused by the pool operator's negligence of the operator of the public swimming pool or learn to swim facility.

Sec. 12532. (1) The department may approve payments for each public swimming pool and learn to swim facility granted an initial license and each renewal license to a designated local health department when the fees are collected by the this state from the designated local health department's respective area, as follows:


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(a) Initial license fee for a swimming pool........

$

100.00

(b) Annual renewal license fee.....................

$

30.00

(c) Late annual renewal license fee................

$

45.00

(d) Lapsed annual renewal license fee..............

$

70.00

(2) The state treasurer shall make the payments upon receipt of approval from the department.

(3) A designated local health department may collect additional fees as provided under section 2444 from the owner of a public swimming pool or learn to swim facility for services provided under sections 12521 to 12534.

Sec. 12533. A person who violates sections 12521 to 12531a or a rule promulgated under those sections is guilty of a misdemeanor. Each day upon which a violation occurs is a separate violation. The attorney general or local prosecuting attorney shall be is responsible for prosecuting a person who violates sections 12521 to 12531a.

Sec. 12534. Notwithstanding the existence and pursuit of any other remedy, the department, its agent or representative, or a representative of a designated local health department may maintain an action in the name of the this state for injunction or other process against a person to restrain or prevent the construction or modification of a public swimming pool or learn to swim facility without a construction permit, or the operation of a public swimming pool or learn to swim facility without an operation permit, or in a manner contrary to law.

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