Amendment S-3076 to SF 399
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
Adopted · March 15, 2023
Filed March 15, 2023 in the Senate by CHARLIE
What it changes
AI summary This amendment adds "spray pads" to the list of facilities regulated by the bill and provides a specific definition for them. It ensures that spray pads are included in all rules regarding registration, inspections, safety standards, and penalties.1
Read the amendment’s wording
- Page 1, before line 1 by inserting: “Section
- 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. (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.”
- Page 1, line 4, by striking “swimming pools and spas” and inserting “spray pads, swimming pools , and spas”
- Page 1, lines 10 and 11, by striking “swimming pool or spa” and inserting “spray pad, swimming pool , or spa”
- Page 1, lines 16 and 17, by striking “swimming pool or spa” and inserting “spray pad, swimming pool , or spa”
- Page 1, line 19, by striking “swimming pool or spa” and inserting “spray pad, swimming pool , or spa”
- Page 1, line 20, by striking “swimming pool or spa” and inserting “spray pad, swimming pool , or spa”
- Page 1, after line 25 by inserting: “Sec. ___. 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. Sec. ___. 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. ___. Section 135I.4, subsections 1, 2, and 4, Code 2023, are amended to read as follows:
- 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.
- Establish minimum safety and sanitation criteria for the operation and use of spray pads, swimming pools , and spas.
- 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. ___. 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 of the department. This remedy is in addition to any other legal remedy available to the department or a local board of health. Sec. ___. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment.”
- Title page, by striking lines 1 and 2 and inserting “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.”
- By renumbering as necessary.