North Carolina § 130A-280 - (Effective until July 1, 2022) Scope.

§ 130A-280. (Effective until July 1, 2022) Scope.

This Article provides for the regulation of public swimming pools in the State as they may affect the public health and safety. As used in this Article, the term "public swimming pool" means any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, motel, apartment, boarding house, athletic club, or other membership facility pools and spas, and artificial swimming lagoons. As used in this Article, an "artificial swimming lagoon" means any body of water used for recreational purposes with more than 20,000 square feet of surface area, an artificial liner, and a method of disinfectant that results in a disinfectant residual in the swimming zone that is protective of the public health. This Article does not apply to a private pool serving a single family dwelling and used only by the residents of the dwelling and their guests. This Article also does not apply to therapeutic pools used in physical therapy programs operated by medical facilities licensed by the Department or operated by a licensed physical therapist, nor to therapeutic chambers drained, cleaned, and refilled after each individual use. History (1989, c. 577, s. 1; 1997-443, s. 11A.80; 2019-88, s. 2(a).) Section set out twice. - The section above is effective until July 1, 2022. For the section as amended July 1, 2022, see the following section, also numbered G.S. 130A-280 . Editor's Note. - Session Laws 2011-39, s. 1(a) and (b), provides: "(a) Public Swimming Pool Operation Permit: Fencing Requirements. - Notwithstanding Part 10 of Article 8 of Chapter 130A of the General Statutes and rules adopted pursuant to the Part, except as provided in this section, the Department of Environment and Natural Resources shall not deny an operation permit to an owner or operator of a public swimming pool that received an operation permit prior to April 1, 2010, solely due to the failure of the owner or operator to comply with the specific fencing requirements set forth in 15A NCAC 18A.2528(a)(1) through 15A NCAC 18A.2528(a)(6) and 15A NCAC 18A.2528(b)(1) through 15A NCAC 18A.2528(b)(2). The Department may deny an operation permit to an owner or operator that fails to comply with these provisions when: (i) at least fifty percent (50%) of the fence has been damaged or destroyed or (ii) the owner or operator elects to replace the fence. The Department may deny an operation permit to an owner or operator that fails to comply with any other rules for public swimming pools adopted by the Commission for Health Services. "(b) Public Swimming Pool Owner/Operator Compliance: Fencing Requirements. - Notwithstanding Part 10 of Article 8 of Chapter 130A of the General Statutes and rules adopted pursuant to the Part, except as provided in this section, the owner or operator of a public swimming pool that received an operation permit prior to April 1, 2010, shall not be required to comply with the specific fencing requirements set forth in 15A NCAC 18A.2528(a)(1) through 15A NCAC 18A.2528(a)(6) and 15A NCAC 18A.2528(b)(1) through 15A NCAC 18A.2528(b)(2). The owner or operator of a public swimming pool that received an operation permit prior to April 1, 2010, shall be required to comply with these fencing requirements when (i) at least fifty percent (50%) of the fence has been damaged or destroyed or (ii) the owner or operator elects to replace the fence. The owner or operator of a public swimming pool that received an operation permit prior to April 1, 2010, shall comply with all other rules for public swimming pools adopted by the Commission for Public Health." Session Laws 2011-39, s. 2(a) and (b), provides: "(a) Interactive Play Attraction Operation Permit: Dressing and Sanitary Facilities. - Notwithstanding Part 10 of Article 8 of Chapter 130A of the General Statutes and rules adopted pursuant to the Part, the Department of Environment and Natural Resources shall not deny an operation permit to an owner or operator of an interactive play attraction, as described in 15A NCAC 18A.2508(2)(d)(v), solely due to the failure of the owner or operator to comply with the dressing and sanitary facilities requirements of 15A NCAC 18A.2526. The Department may deny an operation permit to an owner or operator that fails to comply with any other rules for interactive play attractions adopted by the Commission for Health Services. "(b) Interactive Play Attraction Owner/Operator Compliance: Dressing and Sanitary Facilities. - Notwithstanding Part 10 of Article 8 of Chapter 130A of the General Statutes or rules adopted pursuant to the Part, the owner or operator of an interactive play attraction, as described in 15A NCAC 18A.2508(2)(d)(v), shall not be required to comply with the dressing and sanitary facilities requirements of 15A NCAC 18A.2526. The owner or operator of an interactive play attraction shall comply with all other rules for interactive play attractions adopted by the Commission for Public Health." Session Laws 2011-39, s. 3(a) and (b), as amended by Session Laws 2012-187, s. 14(a), provides: "(a) Wading Pool Fence Study. - The Commission for Public Health shall review the safety benefits of 15A NCAC 18A.2531(a)(7), which requires a wading pool to be separated from a swimming pool by a fence or other structure. As part of its review, the Commission shall specifically consider whether the safety benefits of requiring a fence or other structure between a wading pool and a swimming pool outweigh the safety benefits of allowing a parent with a child in each pool to quickly move between the wading pool and the swimming pool. The Commission shall report its findings and recommendations to the Joint Regulatory Reform Committee by March 1, 2012. "(b) Wading Pool Fence Compliance. - From the effective date of this act through January 1, 2013, the Department of Environment and Natural Resources shall not require owners and operators of public swimming pools to comply with 15A NCAC 18A.2531(a)(7)." Session Laws 2011-39, s. 4, provides: "Rule-making Authority. - No later than January 1, 2012, the Commission for Public Health shall adopt rules consistent with the provisions of Sections 1 and 2 of this act. Notwithstanding G.S. 150B-19(4) , the rules adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Sections 1 and 2 of this act." Session Laws 2019-88, s. 2(b), provides: "No later than December 1, 2019, the Commission for Public Health shall adopt rules governing the construction and operation of artificial swimming lagoons, as defined in G.S. 130A-280 , as enacted by Section 2(a) of this act, pursuant to Part 10 of Article 8 of Chapter 130A of the General Statutes." Effect of Amendments. - Session Laws 2019-88, s. 2(a), effective July 8, 2019, substituted "spas, and artificial swimming lagoons" for "spas" in the third sentence and added the fourth sentence. § 130A-280. (Effective July 1, 2022) Scope. This Article provides for the regulation of public swimming pools in the State as they may affect the public health and safety. As used in this Article, the term "public swimming pool" means any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, motel, apartment, boarding house, athletic club, or other membership facility pools and spas, spas operating for display at temporary events, and artificial swimming lagoons. As used in this Article, an "artificial swimming lagoon" means any body of water used for recreational purposes with more than 20,000 square feet of surface area, an artificial liner, and a method of disinfectant that results in a disinfectant residual in the swimming zone that is protective of the public health. This Article does not apply to a private pool serving a single family dwelling and used only by the residents of the dwelling and their guests. This Article also does not apply to therapeutic pools used in physical therapy programs operated by medical facilities licensed by the Department or operated by a licensed physical therapist, nor to therapeutic chambers drained, cleaned, and refilled after each individual use. History (1989, c. 577, s. 1; 1997-443, s. 11A.80; 2019-88, s. 2(a); 2021-77, s. 8(a).) Section set out twice. - The section above is effective July 1, 2022. For the section as in effect until July 1, 2022, see the preceding section, also numbered G.S. 130A-280 . Editor's Note. - Session Laws 2011-39, s. 1(a) and (b), provides: "(a) Public Swimming Pool Operation Permit: Fencing Requirements. - Notwithstanding Part 10 of Article 8 of Chapter 130A of the General Statutes and rules adopted pursuant to the Part, except as provided in this section, the Department of Environment and Natural Resources shall not deny an operation permit to an owner or operator of a public swimming pool that received an operation permit prior to April 1, 2010, solely due to the failure of the owner or operator to comply with the specific fencing requirements set forth in 15A NCAC 18A.2528(a)(1) through 15A NCAC 18A.2528(a)(6) and 15A NCAC 18A.2528(b)(1) through 15A NCAC 18A.2528(b)(2). The Department may deny an operation permit to an owner or operator that fails to comply with these provisions when: (i) at least fifty percent (50%) of the fence has been damaged or destroyed or (ii) the owner or operator elects to replace the fence. The Department may deny an operation permit to an owner or operator that fails to comply with any other rules for public swimming pools adopted by the Commission for Health Services. "(b) Public Swimming Pool Owner/Operator Compliance: Fencing Requirements. - Notwithstanding Part 10 of Article 8 of Chapter 130A of the General Statutes and rules adopted pursuant to the Part, except as provided in this section, the owner or operator of a public swimming pool that received an operation permit prior to April 1, 2010, shall not be required to comply with the specific fencing requirements set forth in 15A NCAC 18A.2528(a)(1) through 15A NCAC 18A.2528(a)(6) and 15A NCAC 18A.2528(b)(1) through 15A NCAC 18A.2528(b)(2). The owner or operator of a public swimming pool that received an operation permit prior to April 1, 2010, shall be required to comply with these fencing requirements when (i) at least fifty percent (50%) of the fence has been damaged or destroyed or (ii) the owner or operator elects to replace the fence. The owner or operator of a public swimming pool that received an operation permit prior to April 1, 2010, shall comply with all other rules for public swimming pools adopted by the Commission for Public Health." Session Laws 2011-39, s. 2(a) and (b), provides: "(a) Interactive Play Attraction Operation Permit: Dressing and Sanitary Facilities. - Notwithstanding Part 10 of Article 8 of Chapter 130A of the General Statutes and rules adopted pursuant to the Part, the Department of Environment and Natural Resources shall not deny an operation permit to an owner or operator of an interactive play attraction, as described in 15A NCAC 18A.2508(2)(d)(v), solely due to the failure of the owner or operator to comply with the dressing and sanitary facilities requirements of 15A NCAC 18A.2526. The Department may deny an operation permit to an owner or operator that fails to comply with any other rules for interactive play attractions adopted by the Commission for Health Services. "(b) Interactive Play Attraction Owner/Operator Compliance: Dressing and Sanitary Facilities. - Notwithstanding Part 10 of Article 8 of Chapter 130A of the General Statutes or rules adopted pursuant to the Part, the owner or operator of an interactive play attraction, as described in 15A NCAC 18A.2508(2)(d)(v), shall not be required to comply with the dressing and sanitary facilities requirements of 15A NCAC 18A.2526. The owner or operator of an interactive play attraction shall comply with all other rules for interactive play attractions adopted by the Commission for Public Health." Session Laws 2011-39, s. 3(a) and (b), as amended by Session Laws 2012-187, s. 14(a), provides: "(a) Wading Pool Fence Study. - The Commission for Public Health shall review the safety benefits of 15A NCAC 18A.2531(a)(7), which requires a wading pool to be separated from a swimming pool by a fence or other structure. As part of its review, the Commission shall specifically consider whether the safety benefits of requiring a fence or other structure between a wading pool and a swimming pool outweigh the safety benefits of allowing a parent with a child in each pool to quickly move between the wading pool and the swimming pool. The Commission shall report its findings and recommendations to the Joint Regulatory Reform Committee by March 1, 2012. "(b) Wading Pool Fence Compliance. - From the effective date of this act through January 1, 2013, the Department of Environment and Natural Resources shall not require owners and operators of public swimming pools to comply with 15A NCAC 18A.2531(a)(7)." Session Laws 2011-39, s. 4, provides: "Rule-making Authority. - No later than January 1, 2012, the Commission for Public Health shall adopt rules consistent with the provisions of Sections 1 and 2 of this act. Notwithstanding G.S. 150B-19(4) , the rules adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Sections 1 and 2 of this act." Session Laws 2019-88, s. 2(b), provides: "No later than December 1, 2019, the Commission for Public Health shall adopt rules governing the construction and operation of artificial swimming lagoons, as defined in G.S. 130A-280 , as enacted by Section 2(a) of this act, pursuant to Part 10 of Article 8 of Chapter 130A of the General Statutes." Effect of Amendments. - Session Laws 2019-88, s. 2(a), effective July 8, 2019, substituted "spas, and artificial swimming lagoons" for "spas" in the third sentence and added the fourth sentence. Session Laws 2021-77, s. 8(a), effective July 1, 2022, inserted "spas operating for display at temporary events” in the third sentence.