SF 2833

1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

1.1A bill for an act

1.2relating to health; requiring public pools and spas to be equipped with
1.3anti-entrapment devices or systems; requiring a study; appropriating money;
1.4amending Minnesota Statutes 2006, sections 144.1222, subdivision 1a, by adding
1.5subdivisions; 157.16, as amended; 157.20, subdivisions 1, 2a.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. CITATION.
1.8    Sections 2 to 4 may be cited as the "Abigail Taylor Pool Safety Act."

1.9    Sec. 2. Minnesota Statutes 2006, section 144.1222, subdivision 1a, is amended to read:
1.10    Subd. 1a. Fees. All plans and specifications for public swimming pool and spa
1.11construction, installation, or alteration or requests for a variance that are submitted to the
1.12commissioner according to Minnesota Rules, part 4717.3975, shall be accompanied by the
1.13appropriate fees. All public pool construction plans submitted for review after January 1,
1.142009, must be certified by a professional engineer registered in the state of Minnesota.
1.15If the commissioner determines, upon review of the plans, that inadequate fees were
1.16paid, the necessary additional fees shall be paid before plan approval. For purposes of
1.17determining fees, a project is defined as a proposal to construct or install a public pool,
1.18spa, special purpose pool, or wading pool and all associated water treatment equipment
1.19and drains, gutters, decks, water recreation features, spray pads, and those design and
1.20safety features that are within five feet of any pool or spa. The commissioner shall charge
1.21the following fees for plan review and inspection of public pools and spas and for requests
1.22for variance from the public pool and spa rules:
1.23    (1) each spa pool, $500 $800;
2.1    (2) projects valued at $250,000 or less, a minimum of $800 per pool plus: each
2.2spa pool, $500;
2.3    (i) (3) for each slide, an additional $400; and
2.4    (ii) for each spa pool, an additional $500;
2.5    (3) (4) projects valued at $250,000 or more, the greater of the sum of the fees in
2.6clauses (1), (2), and (3) or 0.5 percent of the documented estimated project cost to a
2.7maximum fee of $10,000;
2.8    (4) (5) alterations to an existing pool without changing the size or configuration
2.9of the pool, $400;
2.10    (5) (6) removal or replacement of pool disinfection equipment only, $75; and
2.11    (6) (7) request for variance from the public pool and spa rules, $500.

2.12    Sec. 3. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
2.13to read:
2.14    Subd. 1b. Public pool construction. For all public pools constructed after January
2.151, 2009, without a gravity outlet or drain, each pump must be connected to at least two
2.16suction outlets, connected in parallel with suction outlet covers that meet ASME/ANSI
2.17standards.

2.18    Sec. 4. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
2.19to read:
2.20    Subd. 1c. Public pools; required equipment. (a) Beginning January 1, 2009, all
2.21public pools with the deepest water being less than four feet deep must have:
2.22(1) an unblockable suction outlet or drain;
2.23(2) at least two suction outlets, connected in parallel with suction outlet covers that
2.24meet ASME/ANSI standards; or
2.25    (3) a gravity outlet or drain.
2.26(b) Beginning January 1, 2011, all other existing public pools must have:
2.27(1) an unblockable suction outlet or drain;
2.28(2) at least two suction outlets, connected in parallel with suction outlet covers
2.29that meet ASME/ANSI standards;
2.30    (3) a gravity outlet or drain; or
2.31    (4) any other system determined by the commissioner to be equally effective as, or
2.32better than, the systems listed in this paragraph at preventing or eliminating the risk of
2.33injury or death associated with pool drainage systems.
3.1    (c) By June 1, 2008, all drain covers and grates must be installed with screws that
3.2meet the manufacturer's specifications.
3.3    (d) By July 1, 2008, and annually thereafter, all public pool owners must certify to
3.4the commissioner on a form prescribed by the commissioner that:
3.5    (1) all outlets except for unblockable drains are equipped with covers that have been
3.6stamped by the manufacturer that they are in compliance with ASME/ANSI standards; and
3.7    (2) all covers and grates, including mounting rings, have been inspected to ensure
3.8that they have been properly installed and are not broken or loose.

3.9    Sec. 5. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
3.10to read:
3.11    Subd. 1d. Safety inspections. (a) The pool operator is required to conduct a
3.12physical inspection of the drain covers and grates on a daily basis. The record required
3.13under Minnesota Rules, part 4717.0750, must indicate that this inspection was completed
3.14every day the pool is open for use.
3.15    (b) If at any time an outlet cover or grate is missing, broken, or loose, the pool must
3.16be closed immediately. The pool must not be reopened until the missing or broken cover
3.17or grate has been replaced according to the manufacturer's specifications, or the loose
3.18cover or grate has been reattached to the manufacturer's specifications.

3.19    Sec. 6. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
3.20to read:
3.21    Subd. 1e. Study. By January 15, 2009, the commissioner of health shall report to
3.22the chairs and ranking minority members of the legislative committees and divisions
3.23having jurisdiction over the regulation of public pools and spas: the number of public
3.24pools and spas under license in the state of Minnesota, the type of ownership of public
3.25pools under license in the state, the type of drains at all licensed public pools and spas as
3.26reported by owners/licensees, and general observations from the department regarding
3.27implementation of the law. Also, the department shall report on the estimated economic
3.28impact and costs of the installation of a second main drain and cover.

3.29    Sec. 7. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
3.30to read:
3.31    Subd. 4. Definitions. (a) For purposes of this section, the following terms have
3.32the meanings given them.
4.1    (b) "ASME/ANSI standard" means a safety standard accredited by the American
4.2National Standards Institute and published by the American Society of Mechanical
4.3Engineers.
4.4    (c) "ASTM standard" means a safety standard issued by ASTM International,
4.5formerly known as the American Society for Testing and Materials.
4.6    (d) "Public pool" means any pool other than a private residential pool, that is: (1)
4.7open to the public generally, whether for a fee or free of charge; (2) open exclusively to
4.8members of an organization and their guests; (3) open to residents of a multiunit apartment
4.9building, apartment complex, residential real estate development, or other multifamily
4.10residential area; (4) open to patrons of a hotel or lodging or other public accommodation
4.11facility; or (5) operated by a person in a park, school, licensed child care facility, group
4.12home, motel, camp, resort, club, condominium, manufactured home park, or political
4.13subdivision with the exception of swimming pools at family day care homes licensed
4.14under section 245A.14, subdivision 11, paragraph (a).
4.15    (e) "Unblockable suction outlet or drain" means a drain of any size and shape that a
4.16human body cannot sufficiently block to create a suction entrapment hazard and meets
4.17ASME/ANSI standards.

4.18    Sec. 8. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
4.19to read:
4.20    Subd. 5. Swimming pond exemption. (a) A public swimming pond in existence
4.21before January 1, 2008, is not a public pool for purposes of this section and section
4.22157.16, and is exempt from the requirements for public swimming pools under Minnesota
4.23Rules, chapter 4717. The commissioner shall convene a group of stakeholders to address
4.24the exceptions for public swimming pools and make recommendations to the legislature
4.25by December 15, 2010.
4.26    (b) Notwithstanding paragraph (a), a public swimming pond must meet the
4.27requirements for public pools described in subdivisions 1c and 1d.
4.28    (c) For purposes of this subdivision, a "public swimming pond" means an artificial
4.29body of water contained within a lined, sand-bottom basin, intended for public swimming,
4.30relaxation, or recreational use that includes a water circulation system for maintaining
4.31water quality and does not include any portion of a naturally occurring lake or stream.
4.32    (d) This subdivision expires June 30, 2011.

5.1    Sec. 9. Minnesota Statutes 2006, section 157.16, as amended by Laws 2007, chapter
5.2147, article 9, section 34, is amended to read:
5.3157.16 LICENSES REQUIRED; FEES.
5.4    Subdivision 1. License required annually. A license is required annually for
5.5every person, firm, or corporation engaged in the business of conducting a food and
5.6beverage service establishment, hotel, motel, lodging establishment, public pool, or
5.7resort. Any person wishing to operate a place of business licensed in this section shall
5.8first make application, pay the required fee specified in this section, and receive approval
5.9for operation, including plan review approval. Seasonal and temporary food stands and
5.10special event food stands are not required to submit plans. Nonprofit organizations
5.11operating a special event food stand with multiple locations at an annual one-day event
5.12shall be issued only one license. Application shall be made on forms provided by the
5.13commissioner and shall require the applicant to state the full name and address of the
5.14owner of the building, structure, or enclosure, the lessee and manager of the food and
5.15beverage service establishment, hotel, motel, lodging establishment, public pool, or resort;
5.16the name under which the business is to be conducted; and any other information as may
5.17be required by the commissioner to complete the application for license.
5.18    Subd. 2. License renewal. Initial and renewal licenses for all food and beverage
5.19service establishments, hotels, motels, lodging establishments, public pools, and resorts
5.20shall be issued for the calendar year for which application is made and shall expire
5.21on December 31 of such year. Any person who operates a place of business after the
5.22expiration date of a license or without having submitted an application and paid the fee
5.23shall be deemed to have violated the provisions of this chapter and shall be subject to
5.24enforcement action, as provided in the Health Enforcement Consolidation Act, sections
5.25144.989 to 144.993. In addition, a penalty of $50 shall be added to the total of the license
5.26fee for any food and beverage service establishment operating without a license as a
5.27mobile food unit, a seasonal temporary or seasonal permanent food stand, or a special
5.28event food stand, and a penalty of $100 shall be added to the total of the license fee for all
5.29restaurants, food carts, hotels, motels, lodging establishments, public pools, and resorts
5.30operating without a license for a period of up to 30 days. A late fee of $300 shall be added
5.31to the license fee for establishments operating more than 30 days without a license.
5.32    Subd. 2a. Food manager certification. An applicant for certification or certification
5.33renewal as a food manager must submit to the commissioner a $28 nonrefundable
5.34certification fee payable to the Department of Health.
5.35    Subd. 3. Establishment fees; definitions. (a) The following fees are required for
5.36food and beverage service establishments, hotels, motels, lodging establishments, public
6.1pools, and resorts licensed under this chapter. Food and beverage service establishments
6.2must pay the highest applicable fee under paragraph (d), clause (1), (2), (3), or (4), and
6.3establishments serving alcohol must pay the highest applicable fee under paragraph (d),
6.4clause (6) or (7). The license fee for new operators previously licensed under this chapter
6.5for the same calendar year is one-half of the appropriate annual license fee, plus any
6.6penalty that may be required. The license fee for operators opening on or after October 1
6.7is one-half of the appropriate annual license fee, plus any penalty that may be required.
6.8    (b) All food and beverage service establishments, except special event food stands,
6.9and all hotels, motels, lodging establishments, public pools, and resorts shall pay an
6.10annual base fee of $150.
6.11    (c) A special event food stand shall pay a flat fee of $40 annually. "Special event
6.12food stand" means a fee category where food is prepared or served in conjunction with
6.13celebrations, county fairs, or special events from a special event food stand as defined
6.14in section 157.15.
6.15    (d) In addition to the base fee in paragraph (b), each food and beverage service
6.16establishment, other than a special event food stand, and each hotel, motel, lodging
6.17establishment, public pool, and resort shall pay an additional annual fee for each fee
6.18category, additional food service, or required additional inspection specified in this
6.19paragraph:
6.20    (1) Limited food menu selection, $50. "Limited food menu selection" means a fee
6.21category that provides one or more of the following:
6.22    (i) prepackaged food that receives heat treatment and is served in the package;
6.23    (ii) frozen pizza that is heated and served;
6.24    (iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
6.25    (iv) soft drinks, coffee, or nonalcoholic beverages; or
6.26    (v) cleaning for eating, drinking, or cooking utensils, when the only food served
6.27is prepared off site.
6.28    (2) Small establishment, including boarding establishments, $100. "Small
6.29establishment" means a fee category that has no salad bar and meets one or more of
6.30the following:
6.31    (i) possesses food service equipment that consists of no more than a deep fat fryer, a
6.32grill, two hot holding containers, and one or more microwave ovens;
6.33    (ii) serves dipped ice cream or soft serve frozen desserts;
6.34    (iii) serves breakfast in an owner-occupied bed and breakfast establishment;
6.35    (iv) is a boarding establishment; or
7.1    (v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum
7.2patron seating capacity of not more than 50.
7.3    (3) Medium establishment, $260. "Medium establishment" means a fee category
7.4that meets one or more of the following:
7.5    (i) possesses food service equipment that includes a range, oven, steam table, salad
7.6bar, or salad preparation area;
7.7    (ii) possesses food service equipment that includes more than one deep fat fryer,
7.8one grill, or two hot holding containers; or
7.9    (iii) is an establishment where food is prepared at one location and served at one or
7.10more separate locations.
7.11    Establishments meeting criteria in clause (2), item (v), are not included in this fee
7.12category.
7.13    (4) Large establishment, $460. "Large establishment" means either:
7.14    (i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a
7.15medium establishment, (B) seats more than 175 people, and (C) offers the full menu
7.16selection an average of five or more days a week during the weeks of operation; or
7.17    (ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium
7.18establishment, and (B) prepares and serves 500 or more meals per day.
7.19    (5) Other food and beverage service, including food carts, mobile food units,
7.20seasonal temporary food stands, and seasonal permanent food stands, $50.
7.21    (6) Beer or wine table service, $50. "Beer or wine table service" means a fee
7.22category where the only alcoholic beverage service is beer or wine, served to customers
7.23seated at tables.
7.24    (7) Alcoholic beverage service, other than beer or wine table service, $135.
7.25    "Alcohol beverage service, other than beer or wine table service" means a fee
7.26category where alcoholic mixed drinks are served or where beer or wine are served from
7.27a bar.
7.28    (8) Lodging per sleeping accommodation unit, $8, including hotels, motels,
7.29lodging establishments, and resorts, up to a maximum of $800. "Lodging per sleeping
7.30accommodation unit" means a fee category including the number of guest rooms, cottages,
7.31or other rental units of a hotel, motel, lodging establishment, or resort; or the number of
7.32beds in a dormitory.
7.33    (9) First public swimming pool, $180; each additional public swimming pool, $100.
7.34"Public swimming pool" means a fee category that has the meaning given in Minnesota
7.35Rules, part 4717.0250, subpart 8 section 144.1222, subdivision 4.
8.1    (10) First spa, $110; each additional spa, $50. "Spa pool" means a fee category that
8.2has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.
8.3    (11) Private sewer or water, $50. "Individual private water" means a fee category
8.4with a water supply other than a community public water supply as defined in Minnesota
8.5Rules, chapter 4720. "Individual private sewer" means a fee category with an individual
8.6sewage treatment system which uses subsurface treatment and disposal.
8.7    (12) Additional food service, $130. "Additional food service" means a location at
8.8a food service establishment, other than the primary food preparation and service area,
8.9used to prepare or serve food to the public.
8.10    (13) Additional inspection fee, $300. "Additional inspection fee" means a fee to
8.11conduct the second inspection each year for elementary and secondary education facility
8.12school lunch programs when required by the Richard B. Russell National School Lunch
8.13Act.
8.14    (e) A fee of $350 for review of the construction plans must accompany the initial
8.15license application for restaurants, hotels, motels, lodging establishments, or resorts with
8.16five or more sleeping units.
8.17    (f) When existing food and beverage service establishments, hotels, motels, lodging
8.18establishments, or resorts are extensively remodeled, a fee of $250 must be submitted
8.19with the remodeling plans. A fee of $250 must be submitted for new construction or
8.20remodeling for a restaurant with a limited food menu selection, a seasonal permanent
8.21food stand, a mobile food unit, or a food cart, or for a hotel, motel, resort, or lodging
8.22establishment addition of less than five sleeping units.
8.23    (g) Seasonal temporary food stands and special event food stands are not required to
8.24submit construction or remodeling plans for review.
8.25    Subd. 3a. Statewide hospitality fee. Every person, firm, or corporation that
8.26operates a licensed boarding establishment, food and beverage service establishment,
8.27seasonal temporary or permanent food stand, special event food stand, mobile food unit,
8.28food cart, resort, hotel, motel, or lodging establishment in Minnesota must submit to the
8.29commissioner a $35 annual statewide hospitality fee for each licensed activity. The fee
8.30for establishments licensed by the Department of Health is required at the same time the
8.31licensure fee is due. For establishments licensed by local governments, the fee is due by
8.32July 1 of each year.
8.33    Subd. 4. Posting requirements. Every food and beverage service establishment,
8.34hotel, motel, lodging establishment, public pool, or resort must have the license posted in
8.35a conspicuous place at the establishment.

9.1    Sec. 10. Minnesota Statutes 2006, section 157.20, subdivision 1, is amended to read:
9.2    Subdivision 1. Inspections. It shall be the duty of the commissioner to inspect, or
9.3cause to be inspected, every public pool, food and beverage service establishment, hotel,
9.4motel, lodging establishment, or resort. For the purpose of conducting inspections, the
9.5commissioner shall have the right to enter and have access thereto at any time during
9.6the conduct of business.

9.7    Sec. 11. Minnesota Statutes 2006, section 157.20, subdivision 2a, is amended to read:
9.8    Subd. 2a. Risk categories. (a) High-risk establishment. "High-risk establishment"
9.9means a public pool, or any food and beverage service establishment, hotel, motel,
9.10lodging establishment, or resort that:
9.11    (1) serves potentially hazardous foods that require extensive processing on the
9.12premises, including manual handling, cooling, reheating, or holding for service;
9.13    (2) prepares foods several hours or days before service;
9.14    (3) serves menu items that epidemiologic experience has demonstrated to be
9.15common vehicles of food-borne illness;
9.16    (4) has a public swimming pool; or
9.17    (5) draws its drinking water from a surface water supply.
9.18    (b) Medium-risk establishment. "Medium-risk establishment" means a food and
9.19beverage service establishment, hotel, motel, lodging establishment, or resort that:
9.20    (1) serves potentially hazardous foods but with minimal holding between preparation
9.21and service; or
9.22    (2) serves foods, such as pizza, that require extensive handling followed by heat
9.23treatment.
9.24    (c) Low-risk establishment. "Low-risk establishment" means a food and beverage
9.25service establishment, hotel, motel, lodging establishment, or resort that is not a high-risk
9.26or medium-risk establishment.
9.27    (d) Risk exceptions. Mobile food units, seasonal permanent and seasonal
9.28temporary food stands, food carts, and special event food stands are not inspected on an
9.29established schedule and therefore are not defined as high-risk, medium-risk, or low-risk
9.30establishments.
9.31    (e) School inspection frequency. Elementary and secondary school food service
9.32establishments must be inspected according to the assigned risk category or by the
9.33frequency required in the Richard B. Russell National School Lunch Act, whichever
9.34frequency is more restrictive.

10.1    Sec. 12. APPROPRIATION.
10.2    $210,000 is appropriated from the state government special revenue fund to the
10.3commissioner of health for the purposes of this act, to be available until June 30, 2009.

10.4    Sec. 13. REVISOR'S INSTRUCTION.
10.5    The revisor of statutes shall replace the public pool definition in Minnesota Rules,
10.6part 4717.0250, subpart 8, with the following language: "Public pool" has the meaning
10.7given in Minnesota Statutes, section 144.1222, subdivision 4, paragraph (d).

10.8    Sec. 14. EFFECTIVE DATE.
10.9    Sections 1 to 11 are effective the day following final enactment. Sections 12 and 13
10.10are effective July 1, 2008.