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144.1222 PUBLIC POOLS; ENCLOSED SPORTS ARENAS.
    Subdivision 1. Public pools. The commissioner of health shall be responsible for the
adoption of rules and enforcement of applicable laws and rules relating to the operation,
maintenance, design, installation, and construction of public pools and facilities related to them.
The commissioner shall adopt rules governing the collection of fees under section 144.122 to
cover the cost of pool construction plan review, monitoring, and inspections.
    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.
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;
(2) projects valued at $250,000 or less, a minimum of $800 per pool plus:
(i) for each slide, an additional $400; and
(ii) for each spa pool, an additional $500;
(3) projects valued at $250,000 or more, 0.5 percent of documented estimated project cost to
a maximum fee of $10,000;
(4) alterations to an existing pool without changing the size or configuration of the pool, $400;
(5) removal or replacement of pool disinfection equipment only, $75; and
(6) request for variance from the public pool and spa rules, $500.
    Subd. 2. Pools used for treatment or therapy. A pool used by a medical or rehabilitation
facility to facilitate treatment or therapy, to which only authorized access is allowed and which
is not open for any other public use, is exempt from the requirements of Minnesota Rules, part
4717.1050, regarding warning signs, and Minnesota Rules, part 4717.1650, subpart 1, regarding
placards.
    Subd. 2a. Portable wading pools at family day care or group family day care homes. A
portable wading pool that is located at a family day care or group family day care home licensed
under Minnesota Rules, chapter 9502, or at a home at which child care services are provided
under section 245A.03, subdivision 2, clause (2), shall be defined as a private residential pool and
not as a public pool for purposes of public swimming pool regulations under Minnesota Rules,
chapter 4717, provided that the portable wading pool has a maximum depth of 24 inches and is
capable of being manually emptied and moved.
    Subd. 2b. Swimming 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 11.
    Subd. 2c. Pools used for adult-only recreation. Notwithstanding Minnesota Rules, part
4717.1850, a pool with a zero-depth area may be used without a lifeguard present if access to
the pool area is prohibited to individuals under the age of 18 years during the time a lifeguard
is not present.
    Subd. 2d. Hot tubs on rental houseboats. (a) A hot water pool intended for seated
recreational use, including a hot tub or whirlpool, that is located on a houseboat that is rented
to the public is not a public pool and is exempt from the requirements for public pools under
Minnesota Rules, chapter 4717.
(b) A hot water pool under this subdivision must be conspicuously posted with the following
notice to renters:
"NOTICE
This spa is exempt from state and local sanitary requirements that prevent disease
transmission.
USE AT YOUR OWN RISK
This notice is required under Minnesota Statutes, section 144.1222, subdivision 2d."
    Subd. 3. Enclosed sports arenas. The commissioner of health shall be responsible for the
adoption of rules and enforcement of applicable laws and rules relating to indoor air quality in the
operation and maintenance of enclosed sports arenas.
History: 1995 c 165 s 1; 2002 c 279 s 5; 2002 c 333 s 1; 1Sp2003 c 14 art 7 s 25; 2005 c 50
s 1; 2005 c 130 s 1