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SENATE FLOOR VERSION
March 28, 2024
ENGROSSED HOUSE
BILL NO. 4035 By: Townley, Hefner, and
Cantrell of the House
and
Haste of the Senate
An Act relating to public health and safety;
regulating public pools and spas by the State
Department of Health; providing exceptions to
regulations; providing for 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-
1014, 1-1015, 1-1016, 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 a n effective date.
BE IT ENACTED BY THE PEOPLE 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:
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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;
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 promulgate rules for
the safety and sanitation of public pools and spas, fees for
construction permit applications, fees for operation license
applications, fines for v iolations of safety and sanitation
requirements, and revocation standards for noncomplia nce.
Municipalities with a population of five thousand (5,000) or less,
according to the latest Federal Decennial Census, shall be charged
no more than Fifty Dollars ($50.00) for construction permit
applications and for operation license applications.
C. All public pool and spa 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 th e International
Swimming Pool and Spa Code, which may be promulgated into rule by
the State Department of Health. Construction permit applications
shall include plans prepared by a licensed professional engineer.
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Pool and spa owners must possess a construction permit from the
State Department of Health prior to beginning construction.
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 Departmen t of Health access for the
purposes of an inspection. Public pool and spa owners, managers,
operators, and attendants shall be responsible for maintaining
sanitary and safe conditions. All owners, managers, operators, and
attendants in charge of a public pool or spa shall be responsible
for ensuring safety and sanitation requirements are met when
operational. All pool and spa owners shall maintain records
demonstrating compliance and shall provide to the State Department
of Health upon request. The Depa rtment shall report any suspected
illegal activity on the premises of licensed 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 is not
operational. Public pools and spas that are out of compliance with
safety and sanitation requirements during three consecutive
inspections shall be con sidered a public nuisance. These pools
shall be considered permanently closed by the mu nicipality in which
the public pool is located. Permanently closed pools and spas shall
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be completely filled in, or fully drained and secured by
constructing or utilizing a barrier adequate for the prevention of
unauthorized persons. Municipalities may s ecure permanently closed
public pools and spas and charge the costs thereof against the taxes
of the owner. Permanently closed pools and spas fully drained and
secured by a barrier shall complete the initial licensure process
prior to opening to the publi c. Permanently closed pools that have
been filled in shall be required to complete the construction permit
application process prior to the completion of the initial licensure
application process.
SECTION 2. REPEALER 63 O.S. 2021, Sections 1-1013, 1-
1013.1, 1-1014, 1-1015, 1-1016, 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.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN S ERVICES
March 28, 2024 - DO PASS