North Carolina § 130A-282 - Commission to adopt rules; exception.

§ 130A-282. Commission to adopt rules; exception.

Rules Required. - For protection of the public health and safety, the Commission shall adopt and the Department shall enforce rules concerning the construction and operation of public swimming pools. The Commission shall classify public swimming pools on the basis of size, usage, type, or any other appropriate factor and shall adopt requirements for each classification. The rules shall include requirements for: Submission and review of plans prior to construction. Application, review, expiration, renewal, and revocation or suspension of an operating permit. Inspection. Design and construction including materials, depth and other dimensions, and standards for the abatement of suction hazards. Operation and safety including water source, water quality and testing, fencing, water treatment, chemical storage, toilet and bath facilities, measures to ensure the personal cleanliness of bathers, safety equipment and other safety measures, and sewage and other wastewater disposal. Exception. - Public swimming pools constructed or remodeled prior to May 1, 1993, that do not meet specific design and construction requirements of the rules for public swimming pools adopted by the Commission shall not be required to comply with design and construction requirements other than requirements related to the abatement of suction hazards. Public swimming pools constructed or remodeled prior to May 1, 1993, shall comply with all other rules for public swimming pools adopted by the Commission. No single drain, single suction outlet public swimming pools less than 18 inches deep shall be allowed to operate. History (1989, c. 577, s. 1; 1993, c. 215, s. 1; 1993 (Reg. Sess., 1994), c. 732, s. 1.) 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 2017-209, s. 8, provides: "(a) Definitions. - 'Pool Lighting and Ventilation Rule' means 15A NCAC 18A.2524 (Lighting and Ventilation) for purposes of this section and its implementation. "(b) Pool Lighting and Ventilation Rule. - Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission and local inspectors shall implement the Pool Lighting and Ventilation Rule, as provided in subsection (c) of this section. "(c) Implementation. - The Commission shall require pool illumination sufficient to illuminate the main drains of a pool. The Commission shall require pool illumination sufficient to illuminate the deck area of a pool so that it is visible at all times the pool is in use but shall not require specific foot candles of illumination for the deck area. "(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend the Pool Lighting and Ventilation Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission, pursuant to this section, shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(e) Sunset. - This section expires when permanent rules adopted as required by subsection (d) of this section become effective." Session Laws 2019-88, s. 3, provides: "The Commission for Public Health shall study the requirements of 15A NCAC 18A.2530(f), which requires that all swimming pools have a telephone capable of directly dialing 911 or other emergency notification system, which telephone is permanently affixed to a location inside or within 75 feet of the pool enclosure and is accessible to all pool users. The Commission shall examine the need for a dedicated permanently affixed telephone in light of widespread cellular telephone availability, and, at a minimum, the Commission shall examine the need for and advisability of requiring closure of pools where a dedicated permanently affixed telephone is temporarily out of service due to technical issues. The Commission shall submit a report of the study's findings and recommendations to the Joint Legislative Oversight Committee on Health and Human Services no later than March 1, 2020." PART 11. TATTOOING.