North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S205 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 2
	3	+	S 1
4	4		SENATE BILL 205
5		-	~~Second Edition Engrossed 4/8/25~~
	5	+
6	6
7	7		Short Title: Clarify Swimming Pool Laws/Priv. Pool Rentals. (Public)
8	8		Sponsors: Senator Jarvis (Primary Sponsor).
9	9		Referred to: Rules and Operations of the Senate
10	10		March 3, 2025
11		-	S205 -v-2
	11	+	S205 -v-1
12	12		A BILL TO BE ENTITLED 1
13		-	AN ACT PROHIBITING LOCAL BOARDS OF HEALT H FROM REGULATING PR IVATE 2
14		-	POOLS SERVING SINGLE FAMILY DWELLINGS; C LARIFYING THE SCOPE OF 3
15		-	SWIMMING POOL LAWS B Y AMENDING THE EXEMPTION FOR PRIVATE POOLS 4
16		-	SERVING SINGLE FAMIL Y DWELLINGS; AND MAK ING OTHER TECHNICAL 5
17		-	CHANGES TO G.S. 130A-280. 6
18		-	The General Assembly of North Carolina enacts: 7
19		-	SECTION 1. G.S. 130A-39(b) reads as rewritten: 8
20		-	"(b) A local board of health may adopt a more stringent rule in an area regulated by the 9
21		-	Commission for Public Health or the Environmental Management Commission where, in the 10
22		-	opinion of the local board of health, a more stringent rule is required to protect the public health; 11
23		-	otherwise, the rules of the Commission for Public Health or the rules of the Environmental 12
24		-	Management Commission shall prevail over local board of health rules. However, a local board 13
25		-	of health may not adopt a rule concerning a private pool serving a single family dwelling 14
26		-	otherwise exempt from regulation pursuant to G.S. 130A-280 or a rule concerning the grading, 15
27		-	operating, and permitting of food and lodging facilities as listed in Part 6 of Article 8 of this 16
28		-	Chapter and as defined in G.S. 130A-247(1), and a local board of health may adopt rules 17
29		-	concerning wastewater collection, treatment and disposal systems which are not designed to 18
30		-	discharge effluent to the land surface or surface waters only in accordance with 19
31		-	G.S. 130A-335(c)." 20
32		-	SECTION 2. G.S. 130A-280, as amended by Section 4.51 of S.L. 2024-49, reads as 21
33		-	rewritten: 22
34		-	"§ 130A-280. Scope.Scope and definitions. 23
35		-	(a) This Article Part provides for the regulation of public swimming pools in the State as 24
36		-	they may affect the public health and safety. As used in this Article, the term "public swimming 25
37		-	pool" means any structure, chamber, or tank containing an artificial body of water used by the 26
38		-	public for swimming, diving, wading, recreation, or therapy, together with buildings, 27
39		-	appurtenances, and equipment used in connection with the body of water, regardless of whether 28
40		-	a fee is charged for its use. The term includes municipal, school, hotel, motel, apartment, 29
41		-	boarding house, athletic club, or other membership facility pools and spas, spas operating for 30
42		-	display at temporary events, and artificial swimming lagoons. As used in this Article, an 31
43		-	"artificial swimming lagoon" means any body of water used for recreational purposes with more 32
44		-	than 20,000 square feet of surface area, an artificial liner, and a method of disinfectant that results 33
45		-	in a disinfectant residual in the swimming zone that is protective of the public health. This Article 34
46		-	Part does not apply to any of the following: 35 General Assembly Of North Carolina Session 2025
47		-	Page 2 Senate Bill 205-Second Edition
48		-	(1) A private pool serving a single family dwelling and used only by the residents 1
49		-	of the dwelling and their guests.guests, regardless of whether their guests gain 2
50		-	use of the private pool through a sharing economy platform or pay a fee for 3
51		-	its use. In all cases in which a fee is exchanged for access to a private pool 4
52		-	serving a single family dwelling that is used only by the residents of the 5
53		-	dwelling and their guests, the private pool shall be maintained in good and 6
54		-	safe working order. 7
55		-	(2) A private pool serving a single family dwelling meeting the minimum 8
56		-	requirements of this subdivision which is offered to, and used by, individuals 9
57		-	on a temporary basis utilizing a sharing economy platform. For the purposes 10
58		-	of this subdivision, a sharing economy platform means an online platform 11
59		-	used to facilitate peer-to-peer transactions to acquire, provide, or share access 12
60		-	to goods and services. For the purposes of this subdivision, a pool must meet 13
61		-	all of the following minimum requirements: 14
62		-	a. Pools must have proper fencing and barriers to prevent unsupervised 15
63		-	access, especially by children. The fence should be at least 4 feet high 16
64		-	with a self-latching gate. 17
65		-	b. Pools must have clear and conspicuous signage posted around the pool 18
66		-	area specifying pool rules, depth markers, and any potential hazards. 19
67		-	c. Pools must be equipped with basic lifesaving equipment, including life 20
68		-	rings and reaching poles. 21
69		-	d. Pool decks and surrounding areas must have non-slip surfaces. 22
70		-	e. Pools must have properly fitted covers for all submerged suction 23
71		-	outlets. 24
72		-	f. Pools must be well-maintained with proper chemical balance and 25
73		-	cleanliness to ensure safe and healthy swimming conditions. 26
74		-	(3) Therapeutic pools used in physical therapy programs operated by medical 27
75		-	facilities licensed by the Department or operated by a licensed physical 28
76		-	therapist, nor to therapeutic chambers drained, cleaned, and refilled after each 29
77		-	individual use. 30
78		-	(b) Definitions. – The following definitions apply in this Part: 31
79		-	(1) Artificial swimming lagoon. – Any body of water used for recreational 32
80		-	purposes with more than 20,000 square feet of surface area, an artificial liner, 33
81		-	and a method of disinfectant that results in a disinfectant residual in the 34
82		-	swimming zone that is protective of the public health. 35
83		-	(2) Public swimming pool. – Any structure, chamber, or tank containing an 36
84		-	artificial body of water used by the public for swimming, diving, wading, 37
85		-	recreation, or therapy, together with buildings, appurtenances, and equipment 38
86		-	used in connection with the body of water, regardless of whether a fee is 39
87		-	charged for its use. The term includes municipal, school, hotel, motel, 40
88		-	apartment, boarding house, athletic club, or other membership facility pools 41
89		-	and spas, spas operating for display at temporary events, and artificial 42
90		-	swimming lagoons. 43
91		-	(3) Sharing economy platform. – An online platform used to facilitate 44
92		-	peer-to-peer transactions to acquire, provide, or share access to goods and 45
93		-	services." 46
94		-	SECTION 3. This act becomes effective July 1, 2025. 47
	13	+	AN ACT CLARIFYING THE SCOPE OF SWIMMING POOL LAWS BY AMENDIN G THE 2
	14	+	EXEMPTION FOR PRIVATE POOLS SERVING SINGLE FAMILY DWELLINGS; AND 3
	15	+	MAKING OTHER TECHNIC AL CHANGES TO G.S. 130A-280. 4
	16	+	The General Assembly of North Carolina enacts: 5
	17	+	SECTION 1. G.S. 130A-280, as amended by Section 4.51 of S.L. 2024-49, reads as 6
	18	+	rewritten: 7
	19	+	"§ 130A-280. Scope.Scope and definitions. 8
	20	+	(a) This Article Part provides for the regulation of public swimming pools in the State as 9
	21	+	they may affect the public health and safety. As used in this Article, the term "public swimming 10
	22	+	pool" means any structure, chamber, or tank containing an artificial body of water used by the 11
	23	+	public for swimming, diving, wading, recreation, or therapy, together with buildings, 12
	24	+	appurtenances, and equipment used in connection with the body of water, regardless of whether 13
	25	+	a fee is charged for its use. The term includes municipal, school, hotel, motel, apartment, 14
	26	+	boarding house, athletic club, or other membership facility pools and spas, spas operating for 15
	27	+	display at temporary events, and artificial swimming lagoons. As used in this Article, an 16
	28	+	"artificial swimming lagoon" means any body of water used for recreational purposes with more 17
	29	+	than 20,000 square feet of surface area, an artificial liner, and a method of disinfectant that results 18
	30	+	in a disinfectant residual in the swimming zone that is protective of the public health. This Article 19
	31	+	Part does not apply to any of the following: 20
	32	+	(1) A private pool serving a single family dwelling and used only by the residents 21
	33	+	of the dwelling and their guests.guests, regardless of whether their guests gain 22
	34	+	use of the private pool through a sharing economy platform or pay a fee for 23
	35	+	its use. In all cases in which a fee is exchanged for access to a private pool 24
	36	+	serving a single family dwelling that is used only by the residents of the 25
	37	+	dwelling and their guests, the private pool shall be maintained in good and 26
	38	+	safe working order. 27
	39	+	(2) A private pool serving a single family dwelling meeting the minimum 28
	40	+	requirements of this subdivision which is offered to, and used by, individuals 29
	41	+	on a temporary basis utilizing a sharing economy platform. For the purposes 30
	42	+	of this subdivision, a sharing economy platform means an online platform 31
	43	+	used to facilitate peer-to-peer transactions to acquire, provide, or share access 32
	44	+	to goods and services. For the purposes of this subdivision, a pool must meet 33
	45	+	all of the following minimum requirements: 34 General Assembly Of North Carolina Session 2025
	46	+	Page 2 Senate Bill 205-First Edition
	47	+	a. Pools must have proper fencing and barriers to prevent unsupervised 1
	48	+	access, especially by children. The fence should be at least 4 feet high 2
	49	+	with a self-latching gate. 3
	50	+	b. Pools must have clear and conspicuous signage posted around the pool 4
	51	+	area specifying pool rules, depth markers, and any potential hazards. 5
	52	+	c. Pools must be equipped with basic lifesaving equipment, including life 6
	53	+	rings and reaching poles. 7
	54	+	d. Pool decks and surrounding areas must have non-slip surfaces. 8
	55	+	e. Pools must have properly fitted covers for all submerged suction 9
	56	+	outlets. 10
	57	+	f. Pools must be well-maintained with proper chemical balance and 11
	58	+	cleanliness to ensure safe and healthy swimming conditions. 12
	59	+	(3) Therapeutic pools used in physical therapy programs operated by medical 13
	60	+	facilities licensed by the Department or operated by a licensed physical 14
	61	+	therapist, nor to therapeutic chambers drained, cleaned, and refilled after each 15
	62	+	individual use. 16
	63	+	(b) Definitions. – The following definitions apply in this Part: 17
	64	+	(1) Artificial swimming lagoon. – Any body of water used for recreational 18
	65	+	purposes with more than 20,000 square feet of surface area, an artificial liner, 19
	66	+	and a method of disinfectant that results in a disinfectant residual in the 20
	67	+	swimming zone that is protective of the public health. 21
	68	+	(2) Public swimming pool. – Any structure, chamber, or tank containing an 22
	69	+	artificial body of water used by the public for swimming, diving, wading, 23
	70	+	recreation, or therapy, together with buildings, appurtenances, and equipment 24
	71	+	used in connection with the body of water, regardless of whether a fee is 25
	72	+	charged for its use. The term includes municipal, school, hotel, motel, 26
	73	+	apartment, boarding house, athletic club, or other membership facility pools 27
	74	+	and spas, spas operating for display at temporary events, and artificial 28
	75	+	swimming lagoons. 29
	76	+	(3) Sharing economy platform. – An online platform used to facilitate 30
	77	+	peer-to-peer transactions to acquire, provide, or share access to goods and 31
	78	+	services." 32
	79	+	SECTION 2. This act becomes effective July 1, 2025. 33