CHAPTER 135I SWIMMING POOLS AND SPAS
135I.1 DEFINITIONS.
135I.2 APPLICABILITY.
135I.3 REGISTRATION REQUIRED.
135I.4 POWERS AND DUTIES.
135I.5 PENALTY.
135I.6 ENFORCEMENT.



        

135I.1 DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. "Department" means the Iowa department of public health. 2. "Local board of health" means a county, city, or district board of health as defined in section 137.2. 3. "Spa" means a bathing facility such as a hot tub or whirlpool designed for recreational or therapeutic use. 4. "Swimming pool" means an artificial basin and its appurtenances, either constructed or operated for swimming, wading, or diving, and includes a swimming pool, wading pool, waterslide, or associated bathhouse. "Swimming pool" does not include a decorative fountain which does not serve primarily as a wading or swimming pool and the drain of which fountain is not connected to any type of suction device for removing or recirculating the water. 5. "Swimming pool or spa water heater" means an appliance designed for heating nonpotable water stored at atmospheric pressure, such as water in a swimming pool, spa, hot tub, or for similar uses.

         Section History: Recent Form

         89 Acts, ch 291, § 1; 91 Acts, ch 75, §1; 92 Acts, ch 1194, § 1;
      2001 Acts, ch 58, §5
         Referred to in § 669.14, 670.4
        

135I.2 APPLICABILITY. This chapter applies to all swimming pools and spas owned or operated by local or state government, or commercial interests or private entities including but not limited to facilities operated by cities, counties, public or private school corporations, hotels, motels, camps, apartments, condominiums, and health or country clubs. This chapter does not apply to facilities intended for single family use or to a swimming pool or spa operated by a homeowners' association representing seventy-two or fewer dwelling units if the association's bylaws, which also apply to a rental agreement relative to any of the dwelling units, include an exemption from the requirements of this chapter, provide for inspection of the swimming pool or spa by an entity other than the department or local board of health, and assume any liability associated with operation of the swimming pool or spa. This chapter does not apply to a swimming pool or spa used exclusively for therapy under the direct supervision of qualified medical personnel. To avoid duplication and promote coordination of inspection activities, the department may enter into written agreements with a local board of health to provide for inspection and enforcement in accordance with this chapter.

         Section History: Recent Form

         89 Acts, ch 291, § 2; 92 Acts, ch 1194, § 2; 92 Acts, ch 1237, §
      8; 96 Acts, ch 1097, §1; 2001 Acts, ch 58, §6; 2008 Acts, ch 1058, §5

        

135I.3 REGISTRATION REQUIRED. A person shall not operate a swimming pool or spa without first having registered with the department. Registration shall be renewed annually.

         Section History: Recent Form

         89 Acts, ch 291, § 3
        

135I.4 POWERS AND DUTIES. The department is responsible for registering and regulating the operation of swimming pools, spas, and, notwithstanding chapter 89, swimming pool or spa water heaters. The department shall conduct seminars and training sessions, and disseminate information regarding health practices, safety measures, and operating procedures required under this chapter. The department may: 1. Inspect, at the time of installation and periodically thereafter, all swimming pools and spas for the purpose of detecting and eliminating health or safety hazards. 2. Establish minimum safety and sanitation criteria for the operation and use of swimming pools and spas. 3. Establish minimum qualifications for swimming pool, spa, and waterslide operators and lifeguards. Swimming pools operated by apartments, condominiums, country clubs, neighborhoods, or manufactured home communities or mobile home parks are exempt from requirements regarding lifeguards. 4. Establish and collect fees to defray the cost of administering this chapter. It is the intent of the general assembly that fees collected under this chapter be used to defray the cost of administering this chapter. However, the portion of fees needed to defray the costs of a local board of health in implementing this chapter shall be established by the local board of health. A fee imposed for the inspection of a swimming pool or spa shall not be collected until the inspection has actually been performed. 5. Adopt rules in accordance with chapter 17A for the implementation and enforcement of this chapter and the establishment of fees. 6. Enter into agreements with a local board of health to implement the inspection and enforcement provisions of this chapter. The agreements shall provide that the fees established by the local board of health for inspection and enforcement shall be retained by the local board. However, inspection fees shall not be charged by the department for facilities which are inspected by third-party authorities. Third-party authorities shall be approved by the department. The department shall monitor and certify the inspection and enforcement programs of local boards of health and approved third-party authorities.

         Section History: Recent Form

         89 Acts, ch 291, § 4; 92 Acts, ch 1194, § 3; 92 Acts, ch 1237, §
      9; 2001 Acts, ch 153, §16; 2007 Acts, ch 159, §22
        

135I.5 PENALTY. A person who violates a provision of this chapter commits a simple misdemeanor. Each day upon which a violation occurs constitutes a separate violation.

         Section History: Recent Form

         89 Acts, ch 291, § 5
        

135I.6 ENFORCEMENT. If the department or a local board of health acting pursuant to agreement with the department determines that a provision of this chapter or a rule adopted pursuant to this chapter has been or is being violated, the department may withhold or revoke the registration of a swimming pool or spa, or the department or the local board of health may order that a facility or item of equipment not be used, until the necessary corrective action has been taken. The department or the local board of health may request the county attorney to bring appropriate legal proceedings to enforce this chapter, including an action to enjoin violations. The attorney general may also institute appropriate legal proceedings at the request of the department. This remedy is in addition to any other legal remedy available to the department or a local board of health.

         Section History: Recent Form

         89 Acts, ch 291, § 6; 92 Acts, ch 1194, § 4; 92 Acts, ch 1237, §
      10; 2007 Acts, ch 159, §23

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