Health, Dept. of

Plain English Breakdown

The candidate explanation included details about permit fees and misdemeanor penalties that were not explicitly mentioned in the official source material.

Hotel and Public Swimming Pool Inspection Act

This bill allows Tennessee's health commissioner to set rules for building, cleaning, and operating public swimming pools safely, require inspections every three months, issue permits, and close non-compliant facilities.

What This Bill Does

• Allows the state health commissioner to create rules for building, cleaning, and running public swimming pools safely.
• Requires inspections of public swimming pools at least once every three months.
• Gives the commissioner power to issue permits that are needed to run a public swimming pool.
• Makes it illegal to operate a public swimming pool without a valid permit or if safety rules are not followed.

Who It Names or Affects

• People who own, manage, or use public swimming pools in Tennessee.

Terms To Know

Public Swimming Pool

A man-made pool used for bathing, swimming, or teaching swimming that is open to the public and located either indoors or outdoors.

Limits and Unknowns

• The bill does not apply to privately owned above-ground pools inside fitness facilities if they meet certain criteria.
• This bill did not pass in the most recent session.

Official Summary Text

The Hotel and Public Swimming Pool Inspection Act (the "Act") authorizes the commissioner of health and the commissioner
'
s duly authorized representative; and, in the event of the commissioner
'
s absence or vacancy, the deputy commissioner (together, "com
missioner") to engage in the following conduct:



Prescribe and enforce rules governing the alteration, construction, sanitation, safety, and operation of public swimming pools.


Grant variances and waivers for public swimming pools from the requirements of the Act or such rules as long as such variance or waiver does not constitute a health or safety hazard as determined by the commissioner.


Inspect public swimming pools at least once every three months, and as often as necessary, to determine compliance.


Issue, suspend, and revoke permits to operate public swimming pools.


Notify an owner, proprietor, or agent in charge of changes needed to achieve compliance and to close facilities for failure to comply.

The Act prohibits a person from operating a public swimming pool without a valid permit issued by the commissioner on or before April 1 of each year, requires persons operating or proposing to operate a public swimming pool to procure a permit from the co
mmissioner, and provides for permit expiration and renewal. The Act also establishes a permit fee to operate a public swimming pool and authorizes suspension of a permit if the commissioner has reasonable cause to believe the permittee is not in complian
ce
, provided the permittee is given an opportunity to correct violations.

Further, a person operating a public swimming pool who fails or refuses to comply with the Act or rules, obstructs or hinders the regulatory authority, or otherwise operates a swimming pool in violation of the Act or rules commits a Class C misdemeanor, a
nd each day of operation after notice of noncompliance has been given and the violation has not been corrected constitutes a separate offense.

"PUBLIC SWIMMING POOL" DEFINED

The Act defines “
public swimming pool”
to mean a structure of man-made materials, located indoors or outdoors, used for bathing or swimming, or for instructional purposes in swimming, diving, or other aquatic activities by humans, together with buildings,
appurtenances, and equipment used in connection with the structure. The Act also includes spa-type, wading, special purpose pools, and water recreation attractions operated at or in various settings to which admission may be gained with or without payme
nt
of a fee.

This bill excludes a privately owned, above-ground swimming pool that meets all of the following criteria:



Is sited indoors at the location of, or a location affiliated with, a fitness facility.


Is installed according to manufacturer instructions.


Has controlled access that prevents unauthorized entry by anyone other than facility
staff.


Has functioning equipment necessary to ensure safe water quality and cleanliness.


Is used only by facility staff and students for the purpose of swimming instruction.


Is not used for rental, parties, or open swimming sessions by fitness facility members or customers.

This bill narrows the scope of each statutory provision that regulates, requires permits for, imposes fees on, authorizes inspection of, or penalizes operation of a public swimming pool by removing from coverage any indoor, privately owned, above-ground s
wimming pool. A pool meeting the exclusion would no longer be subject to the Act
'
s requirements that apply to public swimming pools.

Current Bill Text

SENATE BILL 2174
By Yager

HOUSE BILL 2090
By Powers
HB2090
010926
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 68,
relative to swimming pools.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 68-14-302(11), is amended by
deleting the subdivision and substituting:
(11) "Public swimming pool":
(A) Means a structure of man-made materials, located either indoors or
outdoors, used for bathing or swimming, or for instructional purposes in
swimming, diving, or other aquatic activities by humans, together with buildings,
appurtenances, and equipment used in connection with the structure;
(B) Includes spa-type, wading, special purpose pools, or water recreation
attractions including, but not limited to, those operated at or in camps, child care
facilities, cities, clubs, subdivisions, apartment buildings, counties, institutions,
schools, motels, hotels, and mobile home parks to which admission may be
gained with or without payment of a fee; and
(C) Does not include a privately owned, above-ground swimming pool
that:
(1) Is sited indoors at the location of, or a location affiliated with, a
fitness facility;
(2) Is installed according to manufacturer instructions;
(3) Has controlled access that prevents unauthorized entry by
anyone other than facility staff;

- 2 - 010926

(4) Has functioning equipment necessary to ensure safe water
quality and cleanliness;
(5) Is used only by facility staff and students for the purpose of
swimming instruction; and
(6) Is not used for rental, parties, or open swimming sessions by
fitness facility members or customers.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.