SF 399 (LSB 2005SV (2) 90)

SENATE FILE 399

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO SSB 1134)

A BILL FOR

An Act relating to swimming pool inspections and housing cooperatives.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 135I.2, Code 2023, is amended to read as follows:
   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 or housing cooperative representing seventy-two or fewer dwelling units if the association’s bylaws of the association or cooperative, 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.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill exempts a housing cooperative from the requirements of Code chapter 135I (swimming pools and spas) if the housing cooperative represents 72 or fewer dwelling units; the cooperative’s bylaws apply to a rental agreement relative to any of the dwelling units; the cooperative’s bylaws include an exemption from Code chapter 135I requirements; the cooperative’s bylaws provide for inspection of the swimming pool or spa by an entity other than the department of health and human services or local board of health; and the cooperative’s bylaws assume any liability associated with operation of the swimming pool or spa.