Bill Text: MS HB942 | 2010 | Regular Session | Comm Sub


Bill Title: Public swimming pools; require owners to post signs to contact Health Department for concerns about sanitation or safety of.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-02-09 - Died In Committee [HB942 Detail]

Download: Mississippi-2010-HB942-Comm_Sub.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Public Health and Human Services

By: Representative Bondurant

House Bill 942

(COMMITTEE SUBSTITUTE)

AN ACT TO REQUIRE THE STATE BOARD OF HEALTH TO ADOPT NONBINDING SANITATION AND SAFETY GUIDELINES FOR THE OPERATION OF PUBLIC SWIMMING POOLS; TO REQUIRE OWNERS OF PUBLIC SWIMMING POOLS TO POST A SIGN CLOSE TO THE POOL NOTIFYING PERSONS TO CONTACT THE STATE DEPARTMENT OF HEALTH IF THEY HAVE ANY PUBLIC HEALTH CONCERNS REGARDING THE POOL AND PROVIDING THE CONTACT TELEPHONE NUMBER OF THE DEPARTMENT; TO PROVIDE THAT UPON THE RECEIPT OF A COMPLAINT ABOUT THE SANITATION OR SAFETY OF A PUBLIC SWIMMING POOL, THE DEPARTMENT MAY CONTACT THE OWNER OR INSPECT THE POOL IN A TIMELY MANNER; TO PROVIDE THAT IF THE DEPARTMENT DETERMINES THAT THERE ARE SANITARY OR SAFETY PROBLEMS WITH THE OPERATION OF THE POOL, IT MAY MEET WITH THE OWNER OF THE POOL AND ADVISE THE OWNER ABOUT THE SANITARY AND SAFE OPERATION OF THE POOL AND HOW TO RESOLVE THE PROBLEM NOTED IN THE COMPLAINT, BASED ON THE GUIDELINES ADOPTED BY THE BOARD; TO AUTHORIZE THE BOARD TO ADOPT ANY RULES AND REGULATIONS NEEDED TO CARRY OUT THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  This act shall be known and may be cited as the "Mississippi Public Swimming Pool Act."

     SECTION 2.  As used in this act, the following terms shall be defined as follows:

          (a)  "Department" means the State Department of Health.

          (b)  "Public swimming pool" means a watertight structure of concrete, masonry or other approved materials that is located either indoors or outdoors, that is operated with or without charge for the use of the general public for swimming by humans, and that is filled with a filtered and disinfected water supply, together with buildings, appurtenances, and equipment used in connection with the structure.  The term "public swimming pool" means a conventional pool, spa-type pool, wading pool, special purpose pool or water recreation attraction, to which admission may be gained with or without payment of a fee, and includes, but is not limited to, pools operated by or serving camps, churches, municipalities, counties, day care centers, group home facilities for eight (8) or more clients, health spas, institutions, parks, state agencies, schools, subdivisions, or the cooperative living-type projects of five (5) or more living units such as apartments, boardinghouses, hotels, mobile home parks, motels, recreational vehicle parks and townhouses.

          (c)  "Private pool" means a facility used only by an individual, family or living unit members and their guests that does not serve any type of cooperative housing or joint tenancy of five (5) or more living units.

     SECTION 3.  (1)  The State Board of Health shall adopt sanitation and safety guidelines for the operation of public swimming pools for protection of the health and safety of persons using those pools.  The sanitation and safety guidelines shall include, but not be limited to, matters relating to structure; appurtenances; operation; source of water supply; bacteriological, chemical and physical quality of water in the pool; method of water purification, treatment and disinfection; lifesaving apparatus; measures to ensure safety of bathers; and measures to ensure the personal cleanliness of bathers.  These guidelines adopted by the board are only recommendations for the operation of public swimming pools and shall not be binding on the owners of public swimming pools.

     (2)  The owner of a public swimming pool located in Mississippi must post in close proximity to the pool a sign with the words "If you have any public health concerns regarding this swimming pool, please contact the State Department of Health," and the contact telephone number where a person may report a complaint regarding the sanitation and/or safety of the pool.  The sign shall be:

          (a)  Purchased from the department; and

          (b)  Placed in a location in plain sight of the main entrance to the pool at a height between four (4) feet and six (6) feet above the ground.

     (3)  Upon the receipt of a complaint about the sanitation or safety of a public swimming pool, the department may contact the owner or inspect the pool in a timely manner and determine if the pool is being operated in a sanitary and safe manner.  If the department determines that there are sanitary or safety problems with the operation of the pool, a representative of the department may meet with the owner of the pool and advise the owner about the sanitary and safe operation of the pool and how to resolve the problem noted in the complaint, based on the guidelines adopted under subsection (1) of this section.

     (4)  The State Board of Health may promulgate any rules and regulations needed to carry out the provisions of this section.

     (5)  This section does not apply to private pools.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2010.

feedback