Oklahoma 2024 Regular Session

Oklahoma House Bill HB4035 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	SENATE FLOOR VERSION - HB4035 SFLR Page 1
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	30	+	March 28, 2024
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3	34		BILL NO. 4035 By: Townley, Hefner, and
4	35		Cantrell of the House
5	36
6	37		and
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8	39		Haste of the Senate
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14	45		An Act relating to public health and safety;
15	46		regulating public pools and spas by the State
16	47		Department of Health; providing exceptions to
17	48		regulations; providing for promulgation of rules;
18	49		providing certain regulations in certain
19	50		circumstances; providing for public nuisance;
20	51		repealing 63 O.S. 2021, Sections 1 -1013, 1-1013.1, 1-
21	52		1014, 1-1015, 1-1016, 1-1017, 1-1018, 1-1019, 1-1020,
22	53		1-1020.1, and 1-1021, which relate to public pools
23	54		and spas regulations and guidelines; providing for
24	55		codification; and providing a n effective date.
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29		-	SUBJECT: Public health and safety
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31	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
32		-
33	62		SECTION 1. NEW LAW A new section of law to be codified
34	63		in the Oklahoma Statutes as Section 1 -1022 of Title 63, unless there
35	64		is created a duplication in numbering, reads as follows:
36		-
37	65		A. The State Department of Health shall regulate public pools
38	66		and spas. The Department shall not regulate:
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40	94		1. Spray pads, spray grounds, or splash pads intended for use
41	95		by children in which the water is supplied by a system of sprays and
42	96		does not accumulate above ground;
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44	97		2. Pools located at private residences;
45		-	ENR. H. B. NO. 4035 Page 2
46	98		3. Pools run by a homeowner's association where pools or spas
47	99		are limited to use by the homeowner group and their nonpaying
48	100		guests; and
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50	101		4. Public or semipublic pools where the main objective is the
51	102		external cleansing of the body.
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53	103		B. The State Commissioner of Health shall promulgate rules for
54	104		the safety and sanitation of public pools and spas, fees for
55	105		construction permit applications, fees for operation license
56	106		applications, fines for v iolations of safety and sanitation
57	107		requirements, and revocation standards for noncomplia nce.
58	108		Municipalities with a population of five thousand (5,000) or less,
59	109		according to the latest Federal Decennial Census, shall be charged
60	110		no more than Fifty Dollars ($50.00) for construction permit
61	111		applications and for operation license applications.
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63	112		C. All public pool and spa owners shall apply for a
64	113		construction permit on a form designated by the State Department of
65	114		Health. Pool and spa designs shall be based on th e International
66	115		Swimming Pool and Spa Code, which may be promulgated into rule by
67	116		the State Department of Health. Construction permit applications
68	117		shall include plans prepared by a licensed professional engineer.
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69	145		Pool and spa owners must possess a construction permit from the
70	146		State Department of Health prior to beginning construction.
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72	147		D. Public pools and spas shall be licensed annually by the
73	148		Department. Public pool and spa owners shall apply for licensure on
74	149		a form designated by the Department.
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76	150		E. Public pool and spa owners must allow an authorized
77	151		representative from the State Departmen t of Health access for the
78	152		purposes of an inspection. Public pool and spa owners, managers,
79	153		operators, and attendants shall be responsible for maintaining
80	154		sanitary and safe conditions. All owners, managers, operators, and
81	155		attendants in charge of a public pool or spa shall be responsible
82	156		for ensuring safety and sanitation requirements are met when
83	157		operational. All pool and spa owners shall maintain records
84	158		demonstrating compliance and shall provide to the State Department
85	159		of Health upon request. The Depa rtment shall report any suspected
86	160		illegal activity on the premises of licensed public pools and spas
87	161		to the appropriate enforcement authority.
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89	162		F. Every public pool and spa shall be secured for the purposes
90		-	of preventing public access during the months in which it is not ~~ENR. H. B. NO. 4035 Page 3~~
	163	+	of preventing public access during the months in which it is not
91	164		operational. Public pools and spas that are out of compliance with
92	165		safety and sanitation requirements during three consecutive
93	166		inspections shall be con sidered a public nuisance. These pools
94	167		shall be considered permanently closed by the mu nicipality in which
95	168		the public pool is located. Permanently closed pools and spas shall
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96	196		be completely filled in, or fully drained and secured by
97	197		constructing or utilizing a barrier adequate for the prevention of
98	198		unauthorized persons. Municipalities may s ecure permanently closed
99	199		public pools and spas and charge the costs thereof against the taxes
100	200		of the owner. Permanently closed pools and spas fully drained and
101	201		secured by a barrier shall complete the initial licensure process
102	202		prior to opening to the publi c. Permanently closed pools that have
103	203		been filled in shall be required to complete the construction permit
104	204		application process prior to the completion of the initial licensure
105	205		application process.
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107	206		SECTION 2. REPEALER 63 O.S. 2021, Sections 1-1013, 1-
108	207		1013.1, 1-1014, 1-1015, 1-1016, 1-1017, 1-1018, 1-1019, 1-1020, 1-
109	208		1020.1, and 1-1021, are hereby repealed.
110		-
111		-	SECTION 3. This act shall become effective November 1, 2024. ENR. H. B. NO. 4035 Page 4
112		-	Passed the House of Represe ntatives the 4th day of March, 2024.
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117		-	Presiding Officer of the House
118		-	of Representatives
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122		-	Passed the Senate the 16th day of April, 2024.
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127		-	Presiding Officer of the Senate
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131		-	OFFICE OF THE GOVERNOR
132		-	Received by the Office of the Governor this ___ _________________
133		-	day of ___________________, 20_______, at _______ o'clock _______ M.
134		-	By: _________________________________
135		-	Approved by the Governor of the State of Oklahoma this _____ ____
136		-	day of ___________________, 20_______, at _______ o'clock _______ M.
137		-
138		-
139		-	_________________________________
140		-	Governor of the State of Oklahoma
141		-
142		-	OFFICE OF THE SECRETARY OF STATE
143		-	Received by the Office of the Secretary of State this __________
144		-	day of ___________________, 20_______, at _______ o'clock _______ M.
145		-	By: _________________________________
	209	+	SECTION 3. This act shall become effective November 1, 2024.
	210	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN S ERVICES
	211	+	March 28, 2024 - DO PASS