HF 3653

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; changing provisions governing the operation of public
pools, spas, and swimming pools; amending Minnesota Statutes 2006, section
144.1222, subdivision 1a, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2006, section 144.1222, subdivision 1a, is amended to
read:

Subd. 1a.

Fees.

All plans and specifications for public swimming pool and spa
construction, installation, or alteration or requests for a variance that are submitted to the
commissioner according to Minnesota Rules, part 4717.3975, shall be accompanied by the
appropriate fees. new text begin All public pool construction plans submitted for review after January 1,
2009, must be certified by a professional engineer registered in the state of Minnesota. new text end
If the commissioner determines, upon review of the plans, that inadequate fees were
paid, the necessary additional fees shall be paid before plan approval. For purposes of
determining fees, a project is defined as a proposal to construct or install a public pool,
spa, special purpose pool, or wading pool and all associated water treatment equipment
and drains, gutters, decks, water recreation features, spray pads, and those design and
safety features that are within five feet of any pool or spa. The commissioner shall charge
the following fees for plan review and inspection of public pools and spas and for requests
for variance from the public pool and spa rules:

(1) each spa pool, $500;

(2) projects valued at $250,000 or less, a minimum of $800 per pool plus:

(i) for each slide, an additional $400; and

(ii) for each spa pool, an additional $500;

(3) projects valued at $250,000 or more, 0.5 percent of documented estimated
project cost to a maximum fee of $10,000;

(4) alterations to an existing pool without changing the size or configuration of
the pool, $400;

(5) removal or replacement of pool disinfection equipment only, $75; and

(6) request for variance from the public pool and spa rules, $500.

Sec. 2.

Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Unblockable drain. new text end

new text begin "Unblockable drain" means a drain of any size and
shape that a human body cannot sufficiently block to create a suction entrapment hazard.
new text end

Sec. 3.

Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
to read:

new text begin Subd. 1c. new text end

new text begin Public pool construction. new text end

new text begin All public pools constructed after December
19, 2008, must contain a combination of two or more main drains, or drain covers meeting
ASME/ANSI standards, connected in parallel, per suction pump.
new text end

Sec. 4.

Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
to read:

new text begin Subd. 1d. new text end

new text begin Public pools; required equipment. new text end

new text begin (a) Beginning December 19, 2008,
all pools with the deepest water being less than four feet deep must meet the requirements
in this subdivision:
new text end

new text begin (1) Each public pool and spa must be equipped with anti-entrapment devices or
systems that comply with ASME/ANSI performance standard A112.19.8, or any successor
standard.
new text end

new text begin (2) Each public pool and spa with a single main drain, other than an unblockable
drain, must be equipped, at a minimum, with one or more of the devices listed in items (i)
to (vi) or with systems designed to prevent entrapment by pool or spa drains that meet the
requirements of paragraph (b):
new text end

new text begin (i) a safety vacuum release system that ceases operation of the pump, reverses
the circulation flow, or otherwise provides a vacuum release at a suction outlet when a
blockage is detected, that has been tested by an independent third party and found to
conform to ASME/ANSI standard A112.19.17 or ASTM standard F2387;
new text end

new text begin (ii) a suction-limiting vent system with a tamper-resistant atmospheric opening;
new text end

new text begin (iii) a gravity drainage system that utilizes a collector tank;
new text end

new text begin (iv) an automatic pump shut-off system;
new text end

new text begin (v) a device or system that disables the drain; and
new text end

new text begin (vi) any other system determined by the commissioner to be equally effective as,
or better than, the systems listed in this paragraph at preventing or eliminating the risk
of injury or death associated with pool drainage systems.
new text end

new text begin (b) Any devise or system described in paragraph (a) must meet the requirements of
any ASME/ANSI or ASTM performance standard if there is a standard for a device or
system, or any applicable consumer product safety standard.
new text end

new text begin (c) All other existing pools must comply with this subdivision no later than
December 19, 2009.
new text end