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Key: (1) language to be deleted (2) new language

CHAPTER 328--S.F.No. 2833
An act
relating to health; requiring public pools and spas to be equipped with
anti-entrapment devices or systems; requiring a study; appropriating money;
amending Minnesota Statutes 2006, sections 144.1222, subdivision 1a, by adding
subdivisions; 157.16, as amended; 157.20, subdivisions 1, 2a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

    Sec. 2. 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. 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.
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 $800;
    (2) projects valued at $250,000 or less, a minimum of $800 per pool plus: each
spa pool, $500;
    (i) (3) for each slide, an additional $400; and
    (ii) for each spa pool, an additional $500;
    (3) (4) projects valued at $250,000 or more, the greater of the sum of the fees in
clauses (1), (2), and (3) or 0.5 percent of the documented estimated project cost to a
maximum fee of $10,000;
    (4) (5) alterations to an existing pool without changing the size or configuration
of the pool, $400;
    (5) (6) removal or replacement of pool disinfection equipment only, $75; and
    (6) (7) request for variance from the public pool and spa rules, $500.

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

    Sec. 4. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
to read:
    Subd. 1c. Public pools; required equipment. (a) Beginning January 1, 2009, all
public pools with the deepest water being less than four feet deep must have:
(1) an unblockable suction outlet or drain;
(2) at least two suction outlets, connected in parallel with suction outlet covers that
meet ASME/ANSI standards; or
    (3) a gravity outlet or drain.
(b) Beginning January 1, 2011, all other existing public pools must have:
(1) an unblockable suction outlet or drain;
(2) at least two suction outlets, connected in parallel with suction outlet covers
that meet ASME/ANSI standards;
    (3) a gravity outlet or drain; or
    (4) 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.
    (c) By June 1, 2008, all drain covers and grates must be installed with screws that
meet the manufacturer's specifications.
    (d) By July 1, 2008, and annually thereafter, all public pool owners must certify to
the commissioner on a form prescribed by the commissioner that:
    (1) all outlets except for unblockable drains are equipped with covers that have been
stamped by the manufacturer that they are in compliance with ASME/ANSI standards; and
    (2) all covers and grates, including mounting rings, have been inspected to ensure
that they have been properly installed and are not broken or loose.

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

    Sec. 6. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
to read:
    Subd. 4. Definitions. (a) For purposes of this section, the following terms have
the meanings given them.
    (b) "ASME/ANSI standard" means a safety standard accredited by the American
National Standards Institute and published by the American Society of Mechanical
Engineers.
    (c) "ASTM standard" means a safety standard issued by ASTM International,
formerly known as the American Society for Testing and Materials.
    (d) "Public pool" means any pool other than a private residential pool, that is: (1)
open to the public generally, whether for a fee or free of charge; (2) open exclusively to
members of an organization and their guests; (3) open to residents of a multiunit apartment
building, apartment complex, residential real estate development, or other multifamily
residential area; (4) open to patrons of a hotel or lodging or other public accommodation
facility; or (5) operated by a person in a park, school, licensed child care facility, group
home, motel, camp, resort, club, condominium, manufactured home park, or political
subdivision with the exception of swimming pools at family day care homes licensed
under section 245A.14, subdivision 11, paragraph (a).
    (e) "Unblockable suction outlet or drain" means a drain of any size and shape that a
human body cannot sufficiently block to create a suction entrapment hazard and meets
ASME/ANSI standards.

    Sec. 7. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
to read:
    Subd. 5. Swimming pond exemption. (a) A public swimming pond in existence
before January 1, 2008, is not a public pool for purposes of this section and section
157.16, and is exempt from the requirements for public swimming pools under Minnesota
Rules, chapter 4717.
    (b) Notwithstanding paragraph (a), a public swimming pond must meet the
requirements for public pools described in subdivisions 1c and 1d.
    (c) For purposes of this subdivision, a "public swimming pond" means an artificial
body of water contained within a lined, sand-bottom basin, intended for public swimming,
relaxation, or recreational use that includes a water circulation system for maintaining
water quality and does not include any portion of a naturally occurring lake or stream.
    (d) This subdivision expires June 30, 2011.

    Sec. 8. Minnesota Statutes 2006, section 157.16, as amended by Laws 2007, chapter
147, article 9, section 34, is amended to read:
157.16 LICENSES REQUIRED; FEES.
    Subdivision 1. License required annually. A license is required annually for
every person, firm, or corporation engaged in the business of conducting a food and
beverage service establishment, hotel, motel, lodging establishment, public pool, or
resort. Any person wishing to operate a place of business licensed in this section shall
first make application, pay the required fee specified in this section, and receive approval
for operation, including plan review approval. Seasonal and temporary food stands and
special event food stands are not required to submit plans. Nonprofit organizations
operating a special event food stand with multiple locations at an annual one-day event
shall be issued only one license. Application shall be made on forms provided by the
commissioner and shall require the applicant to state the full name and address of the
owner of the building, structure, or enclosure, the lessee and manager of the food and
beverage service establishment, hotel, motel, lodging establishment, public pool, or resort;
the name under which the business is to be conducted; and any other information as may
be required by the commissioner to complete the application for license.
    Subd. 2. License renewal. Initial and renewal licenses for all food and beverage
service establishments, hotels, motels, lodging establishments, public pools, and resorts
shall be issued for the calendar year for which application is made and shall expire
on December 31 of such year. Any person who operates a place of business after the
expiration date of a license or without having submitted an application and paid the fee
shall be deemed to have violated the provisions of this chapter and shall be subject to
enforcement action, as provided in the Health Enforcement Consolidation Act, sections
144.989 to 144.993. In addition, a penalty of $50 shall be added to the total of the license
fee for any food and beverage service establishment operating without a license as a
mobile food unit, a seasonal temporary or seasonal permanent food stand, or a special
event food stand, and a penalty of $100 shall be added to the total of the license fee for all
restaurants, food carts, hotels, motels, lodging establishments, public pools, and resorts
operating without a license for a period of up to 30 days. A late fee of $300 shall be added
to the license fee for establishments operating more than 30 days without a license.
    Subd. 2a. Food manager certification. An applicant for certification or certification
renewal as a food manager must submit to the commissioner a $28 nonrefundable
certification fee payable to the Department of Health.
    Subd. 3. Establishment fees; definitions. (a) The following fees are required for
food and beverage service establishments, hotels, motels, lodging establishments, public
pools, and resorts licensed under this chapter. Food and beverage service establishments
must pay the highest applicable fee under paragraph (d), clause (1), (2), (3), or (4), and
establishments serving alcohol must pay the highest applicable fee under paragraph (d),
clause (6) or (7). The license fee for new operators previously licensed under this chapter
for the same calendar year is one-half of the appropriate annual license fee, plus any
penalty that may be required. The license fee for operators opening on or after October 1
is one-half of the appropriate annual license fee, plus any penalty that may be required.
    (b) All food and beverage service establishments, except special event food stands,
and all hotels, motels, lodging establishments, public pools, and resorts shall pay an
annual base fee of $150.
    (c) A special event food stand shall pay a flat fee of $40 annually. "Special event
food stand" means a fee category where food is prepared or served in conjunction with
celebrations, county fairs, or special events from a special event food stand as defined
in section 157.15.
    (d) In addition to the base fee in paragraph (b), each food and beverage service
establishment, other than a special event food stand, and each hotel, motel, lodging
establishment, public pool, and resort shall pay an additional annual fee for each fee
category, additional food service, or required additional inspection specified in this
paragraph:
    (1) Limited food menu selection, $50. "Limited food menu selection" means a fee
category that provides one or more of the following:
    (i) prepackaged food that receives heat treatment and is served in the package;
    (ii) frozen pizza that is heated and served;
    (iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
    (iv) soft drinks, coffee, or nonalcoholic beverages; or
    (v) cleaning for eating, drinking, or cooking utensils, when the only food served
is prepared off site.
    (2) Small establishment, including boarding establishments, $100. "Small
establishment" means a fee category that has no salad bar and meets one or more of
the following:
    (i) possesses food service equipment that consists of no more than a deep fat fryer, a
grill, two hot holding containers, and one or more microwave ovens;
    (ii) serves dipped ice cream or soft serve frozen desserts;
    (iii) serves breakfast in an owner-occupied bed and breakfast establishment;
    (iv) is a boarding establishment; or
    (v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum
patron seating capacity of not more than 50.
    (3) Medium establishment, $260. "Medium establishment" means a fee category
that meets one or more of the following:
    (i) possesses food service equipment that includes a range, oven, steam table, salad
bar, or salad preparation area;
    (ii) possesses food service equipment that includes more than one deep fat fryer,
one grill, or two hot holding containers; or
    (iii) is an establishment where food is prepared at one location and served at one or
more separate locations.
    Establishments meeting criteria in clause (2), item (v), are not included in this fee
category.
    (4) Large establishment, $460. "Large establishment" means either:
    (i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a
medium establishment, (B) seats more than 175 people, and (C) offers the full menu
selection an average of five or more days a week during the weeks of operation; or
    (ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium
establishment, and (B) prepares and serves 500 or more meals per day.
    (5) Other food and beverage service, including food carts, mobile food units,
seasonal temporary food stands, and seasonal permanent food stands, $50.
    (6) Beer or wine table service, $50. "Beer or wine table service" means a fee
category where the only alcoholic beverage service is beer or wine, served to customers
seated at tables.
    (7) Alcoholic beverage service, other than beer or wine table service, $135.
    "Alcohol beverage service, other than beer or wine table service" means a fee
category where alcoholic mixed drinks are served or where beer or wine are served from
a bar.
    (8) Lodging per sleeping accommodation unit, $8, including hotels, motels,
lodging establishments, and resorts, up to a maximum of $800. "Lodging per sleeping
accommodation unit" means a fee category including the number of guest rooms, cottages,
or other rental units of a hotel, motel, lodging establishment, or resort; or the number of
beds in a dormitory.
    (9) First public swimming pool, $180; each additional public swimming pool, $100.
"Public swimming pool" means a fee category that has the meaning given in Minnesota
Rules, part 4717.0250, subpart 8 section 144.1222, subdivision 4.
    (10) First spa, $110; each additional spa, $50. "Spa pool" means a fee category that
has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.
    (11) Private sewer or water, $50. "Individual private water" means a fee category
with a water supply other than a community public water supply as defined in Minnesota
Rules, chapter 4720. "Individual private sewer" means a fee category with an individual
sewage treatment system which uses subsurface treatment and disposal.
    (12) Additional food service, $130. "Additional food service" means a location at
a food service establishment, other than the primary food preparation and service area,
used to prepare or serve food to the public.
    (13) Additional inspection fee, $300. "Additional inspection fee" means a fee to
conduct the second inspection each year for elementary and secondary education facility
school lunch programs when required by the Richard B. Russell National School Lunch
Act.
    (e) A fee of $350 for review of the construction plans must accompany the initial
license application for restaurants, hotels, motels, lodging establishments, or resorts with
five or more sleeping units.
    (f) When existing food and beverage service establishments, hotels, motels, lodging
establishments, or resorts are extensively remodeled, a fee of $250 must be submitted
with the remodeling plans. A fee of $250 must be submitted for new construction or
remodeling for a restaurant with a limited food menu selection, a seasonal permanent
food stand, a mobile food unit, or a food cart, or for a hotel, motel, resort, or lodging
establishment addition of less than five sleeping units.
    (g) Seasonal temporary food stands and special event food stands are not required to
submit construction or remodeling plans for review.
    Subd. 3a. Statewide hospitality fee. Every person, firm, or corporation that
operates a licensed boarding establishment, food and beverage service establishment,
seasonal temporary or permanent food stand, special event food stand, mobile food unit,
food cart, resort, hotel, motel, or lodging establishment in Minnesota must submit to the
commissioner a $35 annual statewide hospitality fee for each licensed activity. The fee
for establishments licensed by the Department of Health is required at the same time the
licensure fee is due. For establishments licensed by local governments, the fee is due by
July 1 of each year.
    Subd. 4. Posting requirements. Every food and beverage service establishment,
hotel, motel, lodging establishment, public pool, or resort must have the license posted in
a conspicuous place at the establishment.

    Sec. 9. Minnesota Statutes 2006, section 157.20, subdivision 1, is amended to read:
    Subdivision 1. Inspections. It shall be the duty of the commissioner to inspect, or
cause to be inspected, every public pool, food and beverage service establishment, hotel,
motel, lodging establishment, or resort. For the purpose of conducting inspections, the
commissioner shall have the right to enter and have access thereto at any time during
the conduct of business.

    Sec. 10. Minnesota Statutes 2006, section 157.20, subdivision 2a, is amended to read:
    Subd. 2a. Risk categories. (a) High-risk establishment. "High-risk establishment"
means a public pool, or any food and beverage service establishment, hotel, motel,
lodging establishment, or resort that:
    (1) serves potentially hazardous foods that require extensive processing on the
premises, including manual handling, cooling, reheating, or holding for service;
    (2) prepares foods several hours or days before service;
    (3) serves menu items that epidemiologic experience has demonstrated to be
common vehicles of food-borne illness;
    (4) has a public swimming pool; or
    (5) draws its drinking water from a surface water supply.
    (b) Medium-risk establishment. "Medium-risk establishment" means a food and
beverage service establishment, hotel, motel, lodging establishment, or resort that:
    (1) serves potentially hazardous foods but with minimal holding between preparation
and service; or
    (2) serves foods, such as pizza, that require extensive handling followed by heat
treatment.
    (c) Low-risk establishment. "Low-risk establishment" means a food and beverage
service establishment, hotel, motel, lodging establishment, or resort that is not a high-risk
or medium-risk establishment.
    (d) Risk exceptions. Mobile food units, seasonal permanent and seasonal
temporary food stands, food carts, and special event food stands are not inspected on an
established schedule and therefore are not defined as high-risk, medium-risk, or low-risk
establishments.
    (e) School inspection frequency. Elementary and secondary school food service
establishments must be inspected according to the assigned risk category or by the
frequency required in the Richard B. Russell National School Lunch Act, whichever
frequency is more restrictive.

    Sec. 11. STUDIES.
    Subdivision 1. Report. By January 15, 2009, the commissioner of health shall
report to the chairs and ranking minority members of the legislative committees and
divisions having jurisdiction over the regulation of public pools and spas: the number of
public pools and spas under license in the state of Minnesota, the type of ownership of
public pools under license in the state, the type of drains at all licensed public pools and
spas as reported by owners or licensees, and the number of pools and spas that required
drain modification due to this act. This report shall include the estimated economic impact
and costs of the installation of a second main drain and cover.
    Subd. 2. Stakeholder group. The commissioner of health shall convene a group
of stakeholders to address the exception for public swimming ponds, under Minnesota
Statutes, section 144.1222, subdivision 5, and make recommendations to the legislature
by December 15, 2010.

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

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

    Sec. 14. EFFECTIVE DATE.
    Sections 1 to 11 are effective the day following final enactment. Sections 12 and 13
are effective July 1, 2008.
Presented to the governor May 13, 2008
Signed by the governor May 16, 2008, 4:12 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569