Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 333-H.F.No. 1517 
                  An act relating to human services; establishing 
                  requirements for swimming pools at family day care or 
                  group family day care homes; making municipalities 
                  immune from liability for claims based upon a 
                  provider's failure to comply with requirements for 
                  swimming pools at family day care or group family day 
                  care homes; amending Minnesota Statutes 2000, sections 
                  144.1222, by adding a subdivision; 245A.14, by adding 
                  a subdivision; 466.03, subdivision 6d. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 144.1222, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [POOLS AT FAMILY DAY CARE OR GROUP FAMILY DAY 
        CARE HOMES.] Notwithstanding Minnesota Rules, part 4717.0250, 
        subpart 8, a swimming pool that is located at a family day care 
        or group family day care home licensed under Minnesota Rules, 
        chapter 9502, shall not be considered a public pool, and is 
        exempt from the requirements for public pools in Minnesota 
        Rules, parts 4717.0150 to 4717.3975.  If the provider chooses to 
        allow children cared for at the family day care or group family 
        day care home to use the swimming pool located at the home, the 
        provider must satisfy the requirements in section 245A.14, 
        subdivision 10.  
           Sec. 2.  Minnesota Statutes 2000, section 245A.14, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [SWIMMING POOLS; FAMILY DAY CARE AND GROUP 
        FAMILY DAY CARE PROVIDERS.] (a) This subdivision governs 
        swimming pools located at family day care or group family day 
        care homes licensed under Minnesota Rules, chapter 9502.  This 
        subdivision does not apply to portable wading pools or 
        whirlpools located at family day care or group family day care 
        homes licensed under Minnesota Rules, chapter 9502.  For a 
        provider to be eligible to allow a child cared for at the family 
        day care or group family day care home to use the swimming pool 
        located at the home, the provider must not have had a licensing 
        sanction under section 245A.07 or a correction order or 
        conditional license under section 245A.06 relating to the 
        supervision or health and safety of children during the prior 24 
        months, and must satisfy the following requirements: 
           (1) notify the county agency before initial use of the 
        swimming pool and annually, thereafter; 
           (2) obtain written consent from a child's parent or legal 
        guardian allowing the child to use the swimming pool, and renew 
        the parent or legal guardian's written consent at least 
        annually.  The written consent must include a statement that the 
        parent or legal guardian has received and read materials 
        provided by the department of health to the department of human 
        services for distribution to all family day care or group family 
        day care homes and the general public on the human services 
        Internet web site related to the risk of disease transmission as 
        well as other health risks associated with swimming pools.  The 
        written consent must also include a statement that the 
        department of health, department of human services, and county 
        agency will not monitor or inspect the provider's swimming pool 
        to ensure compliance with the requirements in this subdivision; 
           (3) enter into a written contract with a child's parent or 
        legal guardian, and renew the written contract annually.  The 
        terms of the written contract must specify that the provider 
        agrees to perform all of the requirements in this subdivision; 
           (4) attend and successfully complete a swimming pool 
        operator training course once every five years.  Acceptable 
        training courses are: 
           (i) the National Swimming Pool Foundation Certified Pool 
        Operator course; 
           (ii) the National Spa and Pool Institute Tech I and Tech II 
        courses (both required); or 
           (iii) the National Recreation and Park Association Aquatic 
        Facility Operator course; 
           (5) require a caregiver trained in first aid and adult and 
        child cardiopulmonary resuscitation to supervise and be present 
        at the swimming pool with any children in the pool; 
           (6) toilet all potty-trained children before they enter the 
        swimming pool; 
           (7) require all children who are not potty-trained to wear 
        swim diapers while in the swimming pool; 
           (8) if fecal material enters the swimming pool water, add 
        three times the normal shock treatment to the pool water to 
        raise the chlorine level to at least 20 parts per million, and 
        close the pool to swimming for the 24 hours following the 
        entrance of fecal material into the water or until the water pH 
        and disinfectant concentration levels have returned to the 
        standards specified in clause (10), whichever is later; 
           (9) prevent any person from entering the swimming pool who 
        has an open wound or any person who has or is suspected of 
        having a communicable disease; 
           (10) maintain the swimming pool water at a pH of not less 
        than 7.2 and not more than 8.0, maintain the disinfectant 
        concentration between two and five parts per million for 
        chlorine or between 2.3 and 4.5 parts per million for bromine, 
        and maintain a daily record of the swimming pool's operation 
        with pH and disinfectant concentration readings on days when 
        children cared for at the family day care or group family day 
        care home are present; 
           (11) have a disinfectant feeder or feeders; 
           (12) have a recirculation system that will clarify and 
        disinfect the swimming pool volume of water in ten hours or 
        less; 
           (13) maintain the swimming pool's water clarity so that an 
        object on the pool floor at the pool's deepest point is easily 
        visible; 
           (14) have two or more suction lines in the swimming pool; 
           (15) have in place and enforce written safety rules and 
        swimming pool policies; 
           (16) have in place at all times a safety rope that divides 
        the shallow and deep portions of the swimming pool; 
           (17) satisfy any existing local ordinances regarding 
        swimming pool installation, decks, and fencing; 
           (18) maintain a water temperature of not more than 104 
        degrees Fahrenheit and not less than 70 degrees Fahrenheit; and 
           (19) for lifesaving equipment, have a United States Coast 
        Guard-approved life ring attached to a rope, an exit ladder, and 
        a shepherd's hook available at all times to the caregiver 
        supervising the swimming pool. 
           The requirements of clauses (5), (16), and (18) only apply 
        at times when children cared for at the family day care or group 
        family day care home are present. 
           (b) A violation of paragraph (a), clauses (1) to (3), is 
        grounds for a sanction under section 245A.07, or a correction 
        order or conditional license under section 245A.06.  
           (c) If a provider under this subdivision receives a 
        licensing sanction under section 245A.07 or a correction order 
        or a conditional license under section 245A.06 relating to the 
        supervision or health and safety of children, the provider is 
        prohibited from allowing a child cared for at the family day 
        care or group family day care home to continue to use the 
        swimming pool located at the home. 
           Sec. 3.  Minnesota Statutes 2000, section 466.03, 
        subdivision 6d, is amended to read: 
           Subd. 6d.  [LICENSING OF PROVIDERS.] A claim against a 
        municipality based on the failure of a provider to meet the 
        standards needed for a license to operate a day care facility 
        under chapter 245A for children, unless the municipality had 
        actual knowledge of a failure to meet licensing standards that 
        resulted in a dangerous condition that foreseeably threatened 
        the plaintiff.  A municipality shall be immune from liability 
        for a claim arising out of a provider's use of a swimming pool 
        located at a family day care or group family day care home under 
        section 245A.14, subdivision 10, unless the municipality had 
        actual knowledge of a provider's failure to meet the licensing 
        standards under section 245A.14, subdivision 10, paragraph (a), 
        clauses (1) to (3), that resulted in a dangerous condition that 
        foreseeably threatened the plaintiff. 
           Presented to the governor April 9, 2002 
           Signed by the governor April 12, 2002, 1:36 p.m.