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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 4035 By: Townley
AS INTRODUCED
An Act relating to public health and safety;
regulating public pools and spas by the State
Department of Health; providing exceptions to
regulations; providing promulgation of rules ;
providing certain regulations in certain
circumstances; providing for public nuisance;
repealing 63 O.S. 2021, Sections 1-1013, 1-1013.1, 1-
1013.2, 1-1014, 1-1015, 1-1016, 1-1016A, 1-1016B, 1-
1017, 1-1018, 1-1019, 1-1020, 1-1020.1, and 1-1021
which relate to public pools and spas regulations and
guidelines; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1022 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. The State Department of Health shall regulate public pools
and spas. The Department shall not regulate:
1. Spray pads, spray grounds, or splash pads intended for use
by children in which the water is supplied by a system of sprays and
does not accumulate above ground;
2. Pools located at private residences;
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3. Pools run by a Homeowner's Association where pools or spas
are limited to use by the homeowner group and their nonpaying
guests; and
4. Public or semipublic pools where the main objective is the
external cleansing of the body.
B. The State Commissioner of Health shall pr omulgate rules for
the safety and sanitation of public pools and spas, fees for
construction permit applications, fees for operation license
applications, fines for violations of safety and sanitation
requirements, and revocation standards for noncomplianc e.
Municipalities with a population of five thousand (5,000) or less
shall be charged no more than Fifty Dollars ($50.00) for
construction permit applications and for operatio n license
applications.
C. All public pool owners shall apply for a construction permit
on a form designated by the State Department of Health. Pool and
spa designs shall be based on the portions of the International
Swimming Pool and Spa Code promulgate d into rule by the State
Department of Health. Construction permit applications shall
include plans prepared by a licensed professional engineer. Pool
and spa owners must possess a construction permit from the State
Department of Health prior to beginnin g construction.
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D. Public pools and spas shall be licensed annually by the
Department. Public pool and spa owners shall apply for licensure on
a form designated by the Department.
E. Public pool and spa owners must allow an authorized
representative from the State Department of Health access for the
purposes of an inspection. Public pool and spa owners, manager s,
operators, and attendan ts shall be responsible for m aintaining
sanitary and safe conditions. All owners, managers, operators, and
attendants in charge of a public pool or spa shall be responsible
for ensuring safety sanita tion requirements are met when
operational. All pool and spa owners shall maintain records
demonstrating compliance to pr ovide to the State Department of
Health upon request. The Department shall report any suspected
illegal activity on the premises of l icensed public pools and spas
to the appropriate enforcement authority.
F. Every public pool and spa shall be secured for the purposes
of preventing public access during the months in which it i s not
operational. Public pools and spas which are out of co mpliance with
safety and sanitation requirements during three consecutive
inspections, shall b e considered a public nuisance. These pools
shall be considered permanently clo sed by the municipalit y in which
the public pool is located. Permanently closed p ools shall be
completely filled in or secured by constructing or utilizing a
barrier adequate for the prevention of unauthorized persons.
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Municipalities may secure permanent ly closed public pools and spas
and charge the costs thereof against the taxes of the owner.
Permanently closed pools secured by a barrier must complete the
initial licensure process prior to opening to the public.
Permanently close pools that have been filled in, shall be requ ired
to complete the construction permit application proce ss prior to the
completion of the initial licensure application process.
SECTION 2. REPEALER 63 O.S. 2021, Sections 1-1013, 1-
1013.1, 1-1013.2, 1-1014, 1-1015, 1-1016, 1-1016A, 1-1016B, 1-1017,
1-1018, 1-1019, 1-1020, 1-1020.1, and 1-1021, are hereby repealed.
SECTION 3. This act shall become effective November 1, 2024.
59-2-8464 TJ 12/21/23