Senate File 399 S-3076 Amend Senate File 399 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 135I.1, Code 2023, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 3A. a. “Spray pad” means a constructed 5 area that is described by all of the following: 6 (1) The area has no standing water. 7 (2) The area is equipped with water sprays or other water 8 play features where the water is intended to contact the users. 9 (3) The area uses or has a feature that uses water that is 10 recirculated independently or from an associated swimming pool. 11 b. “Spray pad” includes an interactive fountain, and 12 a splash pad, spray park, wet deck, and water recreation 13 attraction. 14 c. “Spray pad” does not include an area that uses only 15 potable water that is not circulated and is drained directly 16 to waste. > 17 2. Page 1, line 4, by striking < swimming pools and spas > and 18 inserting < spray pads, swimming pools , and spas > 19 3. Page 1, lines 10 and 11, by striking < swimming pool or 20 spa > and inserting < spray pad, swimming pool , or spa > 21 4. Page 1, lines 16 and 17, by striking < swimming pool or 22 spa > and inserting < spray pad, swimming pool , or spa > 23 5. Page 1, line 19, by striking < swimming pool or spa > and 24 inserting < spray pad, swimming pool , or spa > 25 6. Page 1, line 20, by striking < swimming pool or spa > and 26 inserting < spray pad, swimming pool , or spa > 27 7. Page 1, after line 25 by inserting: 28 < Sec. ___. Section 135I.3, unnumbered paragraph 1, Code 29 2023, is amended to read as follows: 30 A person shall not operate a spray pad, swimming pool or 31 spa without first having registered with the department. 32 Registration shall be renewed annually. 33 Sec. ___. Section 135I.4, unnumbered paragraph 1, Code 34 2023, is amended to read as follows: 35 -1- SF 399.1124 (1) 90 dg/rh 1/ 3 #1. #2. #3. #4. #5. #6. #7.

The department is responsible for registering and regulating 1 the operation of spray pads, swimming pools, spas, and, 2 notwithstanding chapter 89 , spray pad, swimming pool , or spa 3 water heaters. The department shall conduct seminars and 4 training sessions, and disseminate information regarding health 5 practices, safety measures, and operating procedures required 6 under this chapter . The department may: 7 Sec. ___. Section 135I.4, subsections 1, 2, and 4, Code 8 2023, are amended to read as follows: 9 1. Inspect, at the time of installation and periodically 10 thereafter, all spray pads, swimming pools , and spas for the 11 purpose of detecting and eliminating health or safety hazards. 12 2. Establish minimum safety and sanitation criteria for the 13 operation and use of spray pads, swimming pools , and spas. 14 4. Establish and collect fees to defray the cost of 15 administering this chapter . It is the intent of the general 16 assembly that fees collected under this chapter be used to 17 defray the cost of administering this chapter . However, the 18 portion of fees needed to defray the costs of a local board of 19 health in implementing this chapter shall be established by the 20 local board of health. A fee imposed for the inspection of a 21 spray pad, swimming pool , or spa shall not be collected until 22 the inspection has actually been performed. 23 Sec. ___. Section 135I.6, unnumbered paragraph 1, Code 24 2023, is amended to read as follows: 25 If the department or a local board of health acting pursuant 26 to agreement with the department determines that a provision 27 of this chapter or a rule adopted pursuant to this chapter 28 has been or is being violated, the department may withhold 29 or revoke the registration of a spray pad, swimming pool , or 30 spa, or the department or the local board of health may order 31 that a facility or item of equipment not be used, until the 32 necessary corrective action has been taken. The department or 33 the local board of health may request the county attorney to 34 bring appropriate legal proceedings to enforce this chapter , 35 -2- SF 399.1124 (1) 90 dg/rh 2/ 3

including an action to enjoin violations. The attorney general 1 may also institute appropriate legal proceedings at the request 2 of the department. This remedy is in addition to any other 3 legal remedy available to the department or a local board of 4 health. 5 Sec. ___. EFFECTIVE DATE. This Act, being deemed of 6 immediate importance, takes effect upon enactment. > 7 8. Title page, by striking lines 1 and 2 and inserting < An 8 Act relating to the registration and regulation of spray pads, 9 swimming pools, and spas owned or operated by local or state 10 government, commercial interests, or certain private entities, 11 making penalties applicable, and including effective date 12 provisions. > 13 9. By renumbering as necessary. 14 ______________________________ CHARLIE McCLINTOCK -3- SF 399.1124 (1) 90 dg/rh 3/ 3 #8. #9.