SF 773

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to health; exempting portable wading pools 
  1.3             from rules related to public swimming pools; allowing 
  1.4             portable wading pools to be used at certain day care 
  1.5             homes; requiring the commissioners of health and human 
  1.6             services to amend rules; amending Minnesota Statutes 
  1.7             1998, section 144.1222, by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 144.1222, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 2a.  [PORTABLE WADING POOLS.] (a) The following 
  1.12  portable wading pools are private residential pools for purposes 
  1.13  of swimming pool regulation under Minnesota Rules, chapter 4717, 
  1.14  if they are not open to the public for any other use: 
  1.15     (1) a portable wading pool that is used at a family day 
  1.16  care or group family day care home licensed under Minnesota 
  1.17  Rules, chapter 9502; or 
  1.18     (2) a portable wading pool that is used at a nonresidential 
  1.19  child care program or service that is exempt from licensure. 
  1.20     (b) For purposes of this subdivision, "portable wading pool"
  1.21  means a pool that is entirely aboveground, is readily movable, 
  1.22  has a maximum depth of 24 inches, and is used or designed to be 
  1.23  used exclusively for wading. 
  1.24     Sec. 2.  [AMENDMENT TO HEALTH DEPARTMENT RULES.] 
  1.25     The commissioner of health shall amend Minnesota Rules, 
  1.26  chapter 4717, to conform with section 1.  The amendment required 
  2.1   by this section may be done in the manner specified in Minnesota 
  2.2   Statutes, section 14.388, under the authority of clause (3) of 
  2.3   that section. 
  2.4      Sec. 3.  [RULES RELATING TO PHYSICAL ENVIRONMENT.] 
  2.5      (a) The commissioner of human services shall amend 
  2.6   Minnesota Rules, part 9502.0425 to: 
  2.7      (1) allow family day care and group family day care homes 
  2.8   to use portable wading pools, as defined in Minnesota Statutes, 
  2.9   section 144.1222, subdivision 2a, paragraph (b); 
  2.10     (2) require providers, as defined in Minnesota Rules, 
  2.11  chapter 9502, to obtain written permission from a child's parent 
  2.12  or legally appointed guardian before allowing the child to use a 
  2.13  portable wading pool; 
  2.14     (3) require providers to change the water in a portable 
  2.15  wading pool at least daily; 
  2.16     (4) require a caregiver trained in child-related first aid 
  2.17  and cardiopulmonary resuscitation to be present at a portable 
  2.18  wading pool whenever one or more children use the pool; and 
  2.19     (5) require portable wading pools to be kept inaccessible 
  2.20  to children except when the children are supervised by a 
  2.21  caregiver. 
  2.22     (b) The amendments required by this section may be done in 
  2.23  the manner specified in Minnesota Statutes, section 14.388, 
  2.24  under the authority of clause (3) of that section. 
  2.25     Sec. 4.  [EFFECTIVE DATE.] 
  2.26     Sections 1 to 3 are effective the day following final 
  2.27  enactment.