1.1                          A bill for an act
  1.2             relating to human services; establishing requirements 
  1.3             for swimming pools at family day care or group family 
  1.4             day care homes; making municipalities immune from 
  1.5             liability for claims based upon a provider's failure 
  1.6             to comply with requirements for swimming pools at 
  1.7             family day care or group family day care homes; 
  1.8             amending Minnesota Statutes 2000, sections 144.1222, 
  1.9             by adding a subdivision; 245A.14, by adding a 
  1.10            subdivision; 466.03, subdivision 6d. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 144.1222, is 
  1.13  amended by adding a subdivision to read: 
  1.14     Subd. 2a.  [POOLS AT FAMILY DAY CARE OR GROUP FAMILY DAY 
  1.15  CARE HOMES.] Notwithstanding Minnesota Rules, part 4717.0250, 
  1.16  subpart 8, a pool that is located at a family day care or group 
  1.17  family day care home licensed under Minnesota Rules, chapter 
  1.18  9502, shall not be considered a public pool, and is exempt from 
  1.19  the requirements for public pools in Minnesota Rules, parts 
  1.20  4717.0150 to 4717.3975.  If the provider chooses to allow 
  1.21  children cared for at the family day care or group family day 
  1.22  care home to use the pool located at the home, the provider must 
  1.23  satisfy the requirements in section 245A.14, subdivision 10.  
  1.24     Sec. 2.  Minnesota Statutes 2000, section 245A.14, is 
  1.25  amended by adding a subdivision to read: 
  1.26     Subd. 10.  [SWIMMING POOLS; FAMILY DAY CARE AND GROUP 
  1.27  FAMILY DAY CARE PROVIDERS.] (a) This subdivision governs pools 
  1.28  located at family day care or group family day care homes 
  2.1   licensed under Minnesota Rules, chapter 9502.  For a provider to 
  2.2   be eligible to allow a child cared for at the family day care or 
  2.3   group family day care home to use the pool located at the home, 
  2.4   the provider must not have had a licensing sanction under 
  2.5   section 245A.07 or a correction order or fine under section 
  2.6   245A.06 relating to the supervision or health and safety of 
  2.7   children substantiated by the county agency during the prior 24 
  2.8   months, and must satisfy the following requirements: 
  2.9      (1) obtain written consent from a child's parent or legal 
  2.10  guardian allowing the child to use the pool, and renew the 
  2.11  parent's or legal guardian's written consent at least annually.  
  2.12  The written consent must include a statement that the parent or 
  2.13  legal guardian has received and read materials provided by the 
  2.14  department of health to the department of human services for 
  2.15  distribution to all family day care or group family day care 
  2.16  homes related to the risk of disease transmission as well as 
  2.17  other health risks associated with swimming pools.  The written 
  2.18  consent must also include a statement that the department of 
  2.19  health and county agency will not monitor or inspect the 
  2.20  provider's swimming pool to ensure compliance with the 
  2.21  requirements in this subdivision; 
  2.22     (2) enter into a written contract with a child's parent or 
  2.23  guardian, and renew the written contract annually.  The terms of 
  2.24  the written contract must specify that the provider agrees to 
  2.25  perform all of the requirements in this subdivision; 
  2.26     (3) attend and successfully complete a pool operator 
  2.27  training course once every five years.  Acceptable training 
  2.28  courses are: 
  2.29     (i) the National Swimming Pool Foundation Certified Pool 
  2.30  Operator course; 
  2.31     (ii) the National Spa and Pool Institute Tech I and Tech II 
  2.32  courses (both required); or 
  2.33     (iii) the National Recreation and Park Association Aquatic 
  2.34  Facility Operator course; 
  2.35     (4) require a caregiver trained in first aid and adult and 
  2.36  child cardiopulmonary resuscitation to supervise any children in 
  3.1   the pool; 
  3.2      (5) toilet all potty-trained children before they enter the 
  3.3   pool; 
  3.4      (6) require all children who are not potty-trained to wear 
  3.5   swim diapers while in the pool; 
  3.6      (7) if fecal material enters the pool water, add three 
  3.7   times the normal shock treatment to the pool water, and close 
  3.8   the pool to swimming for the 24 hours following the entrance of 
  3.9   fecal material into the water or until the water pH and 
  3.10  disinfectant concentration levels have returned to the standards 
  3.11  specified in clause (9), whichever is later; 
  3.12     (8) prevent any child from entering the pool who has an 
  3.13  open wound or any child who has or is suspected of having a 
  3.14  communicable disease; 
  3.15     (9) maintain the pool water at a pH of not less than 7.4 
  3.16  and not more than 7.6, maintain the disinfectant concentration 
  3.17  between one and two parts per million for chlorine or between 
  3.18  2.3 and 4.5 parts per million for bromine, and maintain a record 
  3.19  of the pool's operation with weekly pH and disinfectant 
  3.20  concentration readings; 
  3.21     (10) have a disinfectant feeder or feeders; 
  3.22     (11) maintain the pool's water clarity so that an object on 
  3.23  the pool floor at the pool's deepest point is easily visible; 
  3.24     (12) have in place and enforce written safety rules and 
  3.25  pool policies; 
  3.26     (13) prohibit diving; 
  3.27     (14) prohibit pushing or rough play in the pool area; 
  3.28     (15) have in place at all times a safety rope that divides 
  3.29  the shallow and deep portions of the pool; 
  3.30     (16) satisfy any existing local ordinances regarding pool 
  3.31  installation, decks, and fencing; 
  3.32     (17) maintain a water temperature of not more than 104 
  3.33  degrees Fahrenheit and not less than 70 degrees Fahrenheit; and 
  3.34     (18) for lifesaving equipment, have a ring buoy attached to 
  3.35  a rope that is available at all times to the caregiver 
  3.36  supervising the pool. 
  4.1      (b) A violation of this subdivision is grounds for a 
  4.2   sanction under section 245A.07, or a correction order or fine 
  4.3   under section 245A.06.  If a provider under this subdivision 
  4.4   receives a licensing sanction or a correction order or fine 
  4.5   relating to the supervision or health and safety of children, 
  4.6   the provider is prohibited from allowing a child cared for at 
  4.7   the family day care or group family day care home to continue to 
  4.8   use the pool located at the home. 
  4.9      Sec. 3.  Minnesota Statutes 2000, section 466.03, 
  4.10  subdivision 6d, is amended to read: 
  4.11     Subd. 6d.  [LICENSING OF PROVIDERS.] A claim against a 
  4.12  municipality based on the failure of a provider to meet the 
  4.13  standards needed for a license to operate a day care facility 
  4.14  under chapter 245A for children, unless the municipality had 
  4.15  actual knowledge of a failure to meet licensing standards that 
  4.16  resulted in a dangerous condition that foreseeably threatened 
  4.17  the plaintiff.  A municipality shall be immune from liability 
  4.18  for a claim based upon the failure of a provider to comply with 
  4.19  licensing requirements under section 245A.14, subdivision 10, 
  4.20  relating to swimming pools located at family day care or group 
  4.21  family day care homes regardless of whether a municipality has 
  4.22  actual knowledge of children in care at a family day care or 
  4.23  group family day care home using a swimming pool located at the 
  4.24  home, or actual knowledge of a provider's failure to meet the 
  4.25  licensing standards under section 245A.14, subdivision 10, that 
  4.26  resulted in a dangerous condition that foreseeably threatened 
  4.27  the plaintiff.