Health, Disease Control and Prevention, Environmental Services

Section R392-302-3

General Requirements

Notice of Proposed Rule

(Amendment)

DAR File No.: 37072
Filed: 11/23/2012 01:48:52 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule change is intended to refine the scope of the rule to exclude bodies of water such as wake boarding ponds that were never intended to be included in the rule.

Summary of the rule or change:

Only Section R392-302-3 has been amended. The change clarifies the scope of the rule by excluding any pool that is over 30,000 square feet and that is also not designed for activities that swimming pools are normally designed for such as swimming.

State statutory or constitutional authorization for this rule:

• Section 26-15-2

Anticipated cost or savings to:

the state budget:

The change doesn't add or remove any activities performed by state government so there would be no cost or savings.

local governments:

Wake boarding parks are becoming more popular. These types of bodies of water might be construed to fall under the pool rule and thus would need to be regulated by local health departments unless this proposed amendment is enacted. Excluding these types of bodies of water would reduce possible regulatory costs, but at least part of the costs might be paid by permit fees. Since there is no history of the regulation of these, there is no basis for calculating an aggregate cost.

small businesses:

Wake board parks would probably be small businesses. The rule would eliminate possible compliance costs and permit fees for these businesses. Since the rule wasn't intended to apply to very large bodies of water, compliance with the same standards as a swimming pool would likely make the construction of a wake board park economically infeasible. The rule change would thus potentially be an extraordinarily large cost savings for a wake board park. Calculation of the amount is not possible as the data necessary to do the calculation is not available.

persons other than small businesses, businesses, or local governmental entities:

Wake board parks would probably be small businesses. The rule would eliminate possible compliance costs and permit fees for these businesses. Since the rule wasn't intended to apply to very large bodies of water, compliance with the same standards as a swimming pool would likely make the construction of a wake board park economically infeasible. The rule change would thus potentially be an extraordinarily large cost savings for a wake board park. Calculation of the amount is not possible as the data necessary to do the calculation is not available.

Compliance costs for affected persons:

There would be no compliance costs for affected persons, but there could be cost savings. Wake board parks would probably be small businesses. The rule would eliminate possible compliance costs and permit fees for these businesses. Since the rule wasn't intended to apply to very large bodies of water, compliance with the same standards as a swimming pool would likely make the construction of a wake board park economically infeasible. The rule change would thus potentially be an extraordinarily large cost savings for a wake board park. Calculation of the amount is not possible as the data necessary to do the calculation is not available.

Comments by the department head on the fiscal impact the rule may have on businesses:

Clarifying that the public pool rule does not govern wake boarding ponds is beneficial to regulated business without impairing public health protection.

David Patton, PhD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Disease Control and Prevention, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at rmarsden@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/14/2013

This rule may become effective on:

01/21/2013

Authorized by:

David Patton, Executive Director

R392. Health, Disease Control and Prevention, Environmental Services.

R392-302. Design, Construction and Operation of Public Pools.

R392-302-3. General Requirements.

(1) This rule does not require a construction change in any portion of a public pool facility if the facility was installed and in compliance with law in effect at the time the facility was installed, except as specifically provided otherwise in this rule. However if the Executive Director or the Local Health Officer determines that any facility is dangerous, unsafe, unsanitary, or a nuisance or menace to life, health or property, the Executive Director or the Local Health Officer may order construction changes consistent with the requirements of this rule to existing facilities.

(2) This rule does not regulate any private residential pool. A private residential pool that is used for swimming instruction purposes shall not be regulated as a public pool.

(3) This rule does not regulate any body of water larger than 30,000 square feet, 2,787.1 square meters, and for which the design purpose in not swimming, wading, bathing, diving, a water slide splash pool, or children's water play activities.

 

KEY: pools, spas, water slides

Date of Enactment or Last Substantive Amendment: [October 18, 2010]2013

Notice of Continuation: January 20, 2012

Authorizing, and Implemented or Interpreted Law: 26-15-2