1 STATE OF OKLAHOMA
1
2 2nd Session of the 59th Legislature (2024)
2
3 HOUSE BILL 4035 By: Townley
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to public health and safety;
7 regulating public pools and spas by the State
8 Department of Health; providing exceptions to
8 regulations; providing promulgation of rules;
9 providing certain regulations in certain
9 circumstances; providing for public nuisance;
10 repealing 63 O.S. 2021, Sections 1-1013, 1-1013.1, 1-
10 1013.2, 1-1014, 1-1015, 1-1016, 1-1016A, 1-1016B, 1-
11 1017, 1-1018, 1-1019, 1-1020, 1-1020.1, and 1-1021
11 which relate to public pools and spas regulations and
12 guidelines; providing for codification; and providing
12 an effective date.
13
13
14
14
15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15
16 SECTION 1. NEW LAW A new section of law to be codified
16
17 in the Oklahoma Statutes as Section 1-1022 of Title 63, unless there
17
18 is created a duplication in numbering, reads as follows:
18
19 A. The State Department of Health shall regulate public pools
19
20 and spas. The Department shall not regulate:
20
21 1. Spray pads, spray grounds, or splash pads intended for use
21
22 by children in which the water is supplied by a system of sprays and
22
23 does not accumulate above ground;
23
24 2. Pools located at private residences;
24
Req. No. 8464 Page 1
 1 3. Pools run by a Homeowner's Association where pools or spas
1
2 are limited to use by the homeowner group and their nonpaying
2
3 guests; and
3
4 4. Public or semipublic pools where the main objective is the
4
5 external cleansing of the body.
5
6 B. The State Commissioner of Health shall promulgate rules for
6
7 the safety and sanitation of public pools and spas, fees for
7
8 construction permit applications, fees for operation license
8
9 applications, fines for violations of safety and sanitation
9
10 requirements, and revocation standards for noncompliance.
10
11 Municipalities with a population of five thousand (5,000) or less
11
12 shall be charged no more than Fifty Dollars ($50.00) for
12
13 construction permit applications and for operation license
13
14 applications.
14
15 C. All public pool owners shall apply for a construction permit
15
16 on a form designated by the State Department of Health. Pool and
16
17 spa designs shall be based on the portions of the International
17
18 Swimming Pool and Spa Code promulgated into rule by the State
18
19 Department of Health. Construction permit applications shall
19
20 include plans prepared by a licensed professional engineer. Pool
20
21 and spa owners must possess a construction permit from the State
21
22 Department of Health prior to beginning construction.
22
23
23
24
24
Req. No. 8464 Page 2
 1 D. Public pools and spas shall be licensed annually by the
1
2 Department. Public pool and spa owners shall apply for licensure on
2
3 a form designated by the Department.
3
4 E. Public pool and spa owners must allow an authorized
4
5 representative from the State Department of Health access for the
5
6 purposes of an inspection. Public pool and spa owners, managers,
6
7 operators, and attendants shall be responsible for maintaining
7
8 sanitary and safe conditions. All owners, managers, operators, and
8
9 attendants in charge of a public pool or spa shall be responsible
9
10 for ensuring safety sanitation requirements are met when
10
11 operational. All pool and spa owners shall maintain records
11
12 demonstrating compliance to provide to the State Department of
12
13 Health upon request. The Department shall report any suspected
13
14 illegal activity on the premises of licensed public pools and spas
14
15 to the appropriate enforcement authority.
15
16 F. Every public pool and spa shall be secured for the purposes
16
17 of preventing public access during the months in which it is not
17
18 operational. Public pools and spas which are out of compliance with
18
19 safety and sanitation requirements during three consecutive
19
20 inspections, shall be considered a public nuisance. These pools
20
21 shall be considered permanently closed by the municipality in which
21
22 the public pool is located. Permanently closed pools shall be
22
23 completely filled in or secured by constructing or utilizing a
23
24 barrier adequate for the prevention of unauthorized persons.
24
Req. No. 8464 Page 3
 1 Municipalities may secure permanently closed public pools and spas
1
2 and charge the costs thereof against the taxes of the owner.
2
3 Permanently closed pools secured by a barrier must complete the
3
4 initial licensure process prior to opening to the public.
4
5 Permanently close pools that have been filled in, shall be required
5
6 to complete the construction permit application process prior to the
6
7 completion of the initial licensure application process.
7
8 SECTION 2. REPEALER 63 O.S. 2021, Sections 1-1013, 1-
8
9 1013.1, 1-1013.2, 1-1014, 1-1015, 1-1016, 1-1016A, 1-1016B, 1-1017,
9
10 1-1018, 1-1019, 1-1020, 1-1020.1, and 1-1021, are hereby repealed.
10
11 SECTION 3. This act shall become effective November 1, 2024.
11
12
12
13 59-2-8464 TJ 12/21/23
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 8464 Page 4