Hawaii 2022 Regular Session

Hawaii Senate Bill SB923 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 923 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO POOLS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 923
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO POOLS.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 321-11, Hawaii Revised Statutes, is amended to read as follows: "§321-11 Subjects of health rules, generally. The department of health pursuant to chapter 91 may adopt rules that it deems necessary for the public health and safety respecting: (1) Nuisances, foul or noxious odors, gases, vapors, waters in which mosquitoes breed or may breed, sources of filth, and causes of sickness or disease, within the respective districts of the State, and on board any vessel; (2) Adulteration and misbranding of food or drugs; (3) Location, air space, ventilation, sanitation, drainage, sewage disposal, and other health conditions of buildings[,]; courts[,]; construction projects[,]; excavations[,]; pools, including swimming pools; watercourses[,]; areas[,]; and alleys; (4) Privy vaults and cesspools; (5) Fish and fishing; (6) Interments and dead bodies; (7) Disinterments of dead human bodies, including the exposing, disturbing, or removing of these bodies from their place of burial, or the opening, removing, or disturbing after due interment of any receptacle, coffin, or container holding human remains or a dead human body or a part thereof and the issuance and terms of permits for the aforesaid disinterments of dead human bodies; (8) Cemeteries and burying grounds; (9) Laundries, and the laundering, sanitation, and sterilization of articles including linen and uniforms used by or in the following businesses and professions: barber shops, manicure shops, beauty parlors, electrology shops, restaurants, soda fountains, hotels, rooming and boarding houses, bakeries, butcher shops, public bathhouses, midwives, masseurs, and others in similar calling, public or private hospitals, and canneries and bottling works where foods or beverages are canned or bottled for public consumption or sale; provided that nothing in this chapter shall be construed as authorizing the prohibiting of laundering, sanitation, and sterilization by those conducting any of these businesses or professions where the laundering or sterilization is done in an efficient and sanitary manner; (10) Hospitals, freestanding surgical outpatient facilities, skilled nursing facilities, intermediate care facilities, adult residential care homes, adult foster homes, assisted living facilities, special treatment facilities and programs, home health agencies, home care agencies, hospices, freestanding birthing facilities, adult day health centers, independent group residences, and therapeutic living programs, but excluding youth shelter facilities unless clinical treatment of mental, emotional, or physical disease or handicap is a part of the routine program or constitutes the main purpose of the facility, as defined in section 346-16 under "child [[]caring[]] institution". For the purpose of this paragraph, "adult foster home" has the same meaning as provided in section 321-11.2; (11) Hotels, rooming houses, lodging houses, apartment houses, tenements, and residences for persons with developmental disabilities including those built under federal funding; (12) Laboratories; (13) Any place or building where noisome or noxious trades or manufacturing is carried on, or intended to be carried on; (14) Milk; (15) Poisons and hazardous substances, the latter term including any substance or mixture of substances that: (A) Is corrosive; (B) Is an irritant; (C) Is a strong sensitizer; (D) Is inflammable; or (E) Generates pressure through decomposition, heat, or other means, if the substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children; (16) Pig and duck ranches; (17) Places of business, industry, employment, and commerce, and the processes, materials, tools, machinery, and methods of work done therein; and places of public gathering, recreation, or entertainment; (18) Any restaurant, theater, market, stand, shop, store, factory, building, wagon, vehicle, or place where any food, drug, or cosmetic is manufactured, compounded, processed, extracted, prepared, stored, distributed, sold, offered for sale, or offered for human consumption or use; (19) Foods, drugs, and cosmetics, and the manufacture, compounding, processing, extracting, preparing, storing, selling, and offering for sale, consumption, or use of any food, drug, or cosmetic; (20) [[]Device[]] as defined in section 328-1; (21) Sources of ionizing radiation; (22) Medical examination, vaccination, revaccination, and immunization of school children. No child shall be subjected to medical examination, vaccination, revaccination, or immunization, whose parent or guardian objects in writing thereto on grounds that the requirements are not in accordance with the religious tenets of an established church of which the parent or guardian is a member or adherent, but no objection shall be recognized when, in the opinion of the department, there is danger of an epidemic from any communicable disease; (23) Disinsectization of aircraft entering or within the State as may be necessary to prevent the introduction, transmission, or spread of disease or the introduction or spread of any insect or other vector of significance to health; (24) Fumigation, including the process by which substances emit or liberate gases, fumes, or vapors that may be used for the destruction or control of insects, vermin, rodents, or other pests, which, in the opinion of the department, may be lethal, poisonous, noxious, or dangerous to human life; (25) Ambulances and ambulance equipment; (26) Development, review, approval, or disapproval of management plans submitted pursuant to the Asbestos Hazard Emergency Response Act of 1986, Public Law 99-519; and (27) Development, review, approval, or disapproval of an accreditation program for specially trained persons pursuant to the Residential Lead-Based Paint Hazard Reduction Act of 1992, Public Law 102-550. The department of health may require any certificates, permits, or licenses that it may deem necessary to adequately regulate the conditions or businesses referred to in this section." SECTION 2. Section 321-15.1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: ""Swimming pool" means any publicly or privately owned artificial enclosure, structure, basin, chamber, or tank, constructed of reinforced concrete or other materials approved by the department of health that are impervious and provide a watertight structure, containing an artificial body of water that is used for swimming, diving, or recreational bathing or therapy by humans." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2021. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 321-11, Hawaii Revised Statutes, is amended to read as follows:
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51	51	"§321-11 Subjects of health rules, generally. The department of health pursuant to chapter 91 may adopt rules that it deems necessary for the public health and safety respecting:
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53	53	(1) Nuisances, foul or noxious odors, gases, vapors, waters in which mosquitoes breed or may breed, sources of filth, and causes of sickness or disease, within the respective districts of the State, and on board any vessel;
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55	55	(2) Adulteration and misbranding of food or drugs;
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57	57	(3) Location, air space, ventilation, sanitation, drainage, sewage disposal, and other health conditions of buildings[,]; courts[,]; construction projects[,]; excavations[,]; pools, including swimming pools; watercourses[,]; areas[,]; and alleys;
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59	59	(4) Privy vaults and cesspools;
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61	61	(5) Fish and fishing;
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63	63	(6) Interments and dead bodies;
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65	65	(7) Disinterments of dead human bodies, including the exposing, disturbing, or removing of these bodies from their place of burial, or the opening, removing, or disturbing after due interment of any receptacle, coffin, or container holding human remains or a dead human body or a part thereof and the issuance and terms of permits for the aforesaid disinterments of dead human bodies;
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67	67	(8) Cemeteries and burying grounds;
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69	69	(9) Laundries, and the laundering, sanitation, and sterilization of articles including linen and uniforms used by or in the following businesses and professions: barber shops, manicure shops, beauty parlors, electrology shops, restaurants, soda fountains, hotels, rooming and boarding houses, bakeries, butcher shops, public bathhouses, midwives, masseurs, and others in similar calling, public or private hospitals, and canneries and bottling works where foods or beverages are canned or bottled for public consumption or sale; provided that nothing in this chapter shall be construed as authorizing the prohibiting of laundering, sanitation, and sterilization by those conducting any of these businesses or professions where the laundering or sterilization is done in an efficient and sanitary manner;
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71	71	(10) Hospitals, freestanding surgical outpatient facilities, skilled nursing facilities, intermediate care facilities, adult residential care homes, adult foster homes, assisted living facilities, special treatment facilities and programs, home health agencies, home care agencies, hospices, freestanding birthing facilities, adult day health centers, independent group residences, and therapeutic living programs, but excluding youth shelter facilities unless clinical treatment of mental, emotional, or physical disease or handicap is a part of the routine program or constitutes the main purpose of the facility, as defined in section 346-16 under "child [[]caring[]] institution". For the purpose of this paragraph, "adult foster home" has the same meaning as provided in section 321-11.2;
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73	73	(11) Hotels, rooming houses, lodging houses, apartment houses, tenements, and residences for persons with developmental disabilities including those built under federal funding;
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75	75	(12) Laboratories;
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77	77	(13) Any place or building where noisome or noxious trades or manufacturing is carried on, or intended to be carried on;
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79	79	(14) Milk;
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81	81	(15) Poisons and hazardous substances, the latter term including any substance or mixture of substances that:
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83	83	(A) Is corrosive;
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85	85	(B) Is an irritant;
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87	87	(C) Is a strong sensitizer;
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89	89	(D) Is inflammable; or
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91	91	(E) Generates pressure through decomposition, heat, or other means,
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93	93	if the substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children;
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95	95	(16) Pig and duck ranches;
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97	97	(17) Places of business, industry, employment, and commerce, and the processes, materials, tools, machinery, and methods of work done therein; and places of public gathering, recreation, or entertainment;
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99	99	(18) Any restaurant, theater, market, stand, shop, store, factory, building, wagon, vehicle, or place where any food, drug, or cosmetic is manufactured, compounded, processed, extracted, prepared, stored, distributed, sold, offered for sale, or offered for human consumption or use;
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101	101	(19) Foods, drugs, and cosmetics, and the manufacture, compounding, processing, extracting, preparing, storing, selling, and offering for sale, consumption, or use of any food, drug, or cosmetic;
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103	103	(20) [[]Device[]] as defined in section 328-1;
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105	105	(21) Sources of ionizing radiation;
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107	107	(22) Medical examination, vaccination, revaccination, and immunization of school children. No child shall be subjected to medical examination, vaccination, revaccination, or immunization, whose parent or guardian objects in writing thereto on grounds that the requirements are not in accordance with the religious tenets of an established church of which the parent or guardian is a member or adherent, but no objection shall be recognized when, in the opinion of the department, there is danger of an epidemic from any communicable disease;
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109	109	(23) Disinsectization of aircraft entering or within the State as may be necessary to prevent the introduction, transmission, or spread of disease or the introduction or spread of any insect or other vector of significance to health;
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111	111	(24) Fumigation, including the process by which substances emit or liberate gases, fumes, or vapors that may be used for the destruction or control of insects, vermin, rodents, or other pests, which, in the opinion of the department, may be lethal, poisonous, noxious, or dangerous to human life;
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113	113	(25) Ambulances and ambulance equipment;
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115	115	(26) Development, review, approval, or disapproval of management plans submitted pursuant to the Asbestos Hazard Emergency Response Act of 1986, Public Law 99-519; and
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117	117	(27) Development, review, approval, or disapproval of an accreditation program for specially trained persons pursuant to the Residential Lead-Based Paint Hazard Reduction Act of 1992, Public Law 102-550.
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119	119	The department of health may require any certificates, permits, or licenses that it may deem necessary to adequately regulate the conditions or businesses referred to in this section."
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121	121	SECTION 2. Section 321-15.1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
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123	123	""Swimming pool" means any publicly or privately owned artificial enclosure, structure, basin, chamber, or tank, constructed of reinforced concrete or other materials approved by the department of health that are impervious and provide a watertight structure, containing an artificial body of water that is used for swimming, diving, or recreational bathing or therapy by humans."
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125	125	SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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127	127	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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129	129	SECTION 5. This Act shall take effect on July 1, 2021.
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133	133	INTRODUCED BY: _____________________________
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135	135	INTRODUCED BY:
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137	137	_____________________________
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143	143	Report Title: Swimming Pools; Artificial Water Bodies; Recreational Bathing; Recreational Therapy Description: Defines "swimming pool" for the purposes of administrative rules to mean impervious, artificial bodies of water used for swimming, diving, or recreational bathing or therapy. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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149	149	Report Title:
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151	151	Swimming Pools; Artificial Water Bodies; Recreational Bathing; Recreational Therapy
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155	155	Description:
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157	157	Defines "swimming pool" for the purposes of administrative rules to mean impervious, artificial bodies of water used for swimming, diving, or recreational bathing or therapy.
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165	165	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.