Regular Session 2023-2024 House Bill 1565 P.N. 1839

PRINTER'S NO. 1839

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1565

Session of

2023

INTRODUCED BY BRIGGS, KINSEY, FRANKEL, SANCHEZ, MADDEN, ROZZI

AND GREEN, JULY 11, 2023

REFERRED TO COMMITTEE ON HEALTH, JULY 11, 2023

AN ACT

Amending the act of June 23, 1931 (P.L.899, No.299), entitled

"An act regulating public bathing places, swimming pools,

public bath houses, public and private natatoriums, turkish

bath houses, all places hired for any form of bathing or

swimming, and all related appurtenances; fixing license fees;

providing, in matters of sanitation, cleanliness and safety,

for supervision by the Department of Health; and prescribing

penalties for violations," further providing for title of act

and for short title; providing for definitions, for water

supply, for certified lifeguards, for swimming pool

pesticides, for safety, for public notice, for hygiene, for

violations and penalties, for permits, for issuance of

permit, for fees, for powers and duties of department, for

validity, for construction, for permit revocation or

suspension, for public nuisance declaration, for violations

and for repeals; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The title and sections 1, 2, 3, 4, 4.1 and 4.2 of

the act of June 23, 1931 (P.L.899, No.299), known as the Public

Bathing Law, are amended to read:

AN ACT

Regulating public bathing places, swimming pools, public bath

houses, [public and private natatoriums, turkish bath

houses,] all places hired for any form of bathing or

swimming, and all related appurtenances; fixing [license]

permit fees; [providing,] in matters of sanitation,

cleanliness and safety, providing for supervision by the

Department of Health; and prescribing penalties for

violations.

[Section 1. Be it enacted, &c., That this]

Section 1. Short title.

This act shall be known[,] and may be cited as the "Public

Bathing Law."

[Section 2. Definitions, as used in this act:

(1) A public bathing place shall mean any place open to the

public for amateur and professional swimming or recreative

bathing, whether or not a fee is charged for admission or for

the use of said place, or any part thereof. Except with respect

to the regulation of water supply and content, hygiene and

plumbing and electrical facilities, and safety equipment, a

public bathing place shall not include a swimming pool, lake or

pond owned, operated and maintained for the exclusive use and

enjoyment of residents of a condominium or cooperative or

members of a property-owners association or the personal guests

of such residents or members.

(2) A swimming pool shall mean a place in the open or

enclosed in any structure or building for the purpose of

admitting two or more persons to bathe or swim together.

(3) A natatorium shall mean a place in any building, or

parts of buildings, maintained and conducted by any person or

persons, club, corporation, association, or society or other

organization, where fees are charged to public or member patrons

for swimming, bathing, turkish, swedish or other forms of

bathing.

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(4) Department shall mean the Department of Health of this

Commonwealth.

(5) A certified lifeguard shall mean an individual who has a

current certification in lifeguarding from a certifying

authority recognized by the department in a notice published in

the Pennsylvania Bulletin.

(6) A recreational swimming establishment shall mean a

facility that is designed, constructed and/or designated for use

by individuals for the primary purpose of swimming, where a fee

is charged for admission. This definition shall include, but is

not limited to, swimming pools, water rides, wave pools and

swimming beaches and other outdoor swimming facilities. The term

excludes those facilities owned by condominiums, other property

owner associations, rental arrangements which include three or

more families or social units, hotels or motels, campgrounds,

private clubs and private organizations which do not provide

access to the general public, swimming facilities used

exclusively for hydrotherapy and residential swimming facilities

used solely by the owner of a residence, his family and personal

guests.

Section 3. Classification.--Bathing places shall be

classified as follows:

(1) Natural lakes, ponds, pools, rivers and water streams.

(2) Outdoor ponds, pools, and streams which may be partly

artificial and partly natural.

(3) Outdoor or indoor bathing or swimming pools and places

which are entirely artificial in construction.

(4) Recreational swimming establishments.

Section 4. In all places used and intended to be used for

bathing and swimming by the public or any person or persons, the

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water shall be maintained at all times clean and sanitary. For

the protection of the public, from time to time, the water used

shall be analyzed and tested and used in accord with the

chemical content and quality of water prescribed by the rules

and regulations of the department for the preservation of the

public health.

(a) The chemical content and quality of water in any places

for bathing and swimming, or their appurtenances, at no time

during the periods when such places for bathing and swimming are

open for patronage and use, shall be of a chemical content or

quality injurious to the health and bodies of the patrons and

users of said public bathing places and swimming pools and

contrary to the rules and regulations of the department.

Section 4.1. Certified Lifeguards.--]

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Beach." A body of natural water, impounded or flowing, of a

size in relation to the bathing load that the quality and

quantity, confined or flowing, does not need to be mechanically

controlled for the purpose of purification or contained in an

impervious structure.

"Department." The Department of Health of the Commonwealth.

"Lifeguard." An individual who has a current lifeguard

certificate issued by a lifeguard certifying authority

recognized by the department and published in the Pennsylvania

Bulletin.

"Natatorium." A place in a building or parts of buildings,

maintained and conducted by a person, club, corporation,

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association or society or other organization, where fees are

charged to public or member patrons for swimming or bathing,

including Turkish, Swedish or other forms of bathing.

"Public bathing place." An outdoor or indoor area used for

amateur, professional or recreative swimming or bathing, whether

or not a fee is charged for admission or for the use of the

area. The following apply:

(1) The term includes a recreational swimming

establishment, spa or spray pool.

(2) The term excludes the following unless otherwise

noted:

(i) A bathing area at a private single-family

residence which is used solely by the owner, family of

the owner or guests of the owner.

(ii) A swimming pool, lake or pond owned, operated

and maintained for the exclusive use and enjoyment of

residents of a condominium or cooperative or members of a

property owners' association or the personal guests of

the residents or members, except with respect to the

regulation of the water supply and content, hygiene and

pumping and electrical facilities and safety equipment.

"Recirculation system." The combination of mechanically

controlled drains, gutters or skimmers, inlets, piping, pumps,

controls, serge tanks or balance tanks to provide water

recirculation to and from an impervious structure and the

treatment systems.

"Recreational swimming establishment." A public bathing

place that charges an admission fee. The term excludes:

(1) Facilities owned by a property owners' association.

(2) Rental arrangements which include three or more

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families or social units.

(3) Hotels and motels.

(4) Campgrounds.

(5) Private clubs or organizations which do not provide

access to the general public.

(6) Swimming facilities used exclusively for

hydrotherapy.

"Spa." A structure, chamber or tank, including a hot tub,

spray pool or whirlpool, that is designed for recreational or

therapeutic use and is not designed to be drained, cleaned or

refilled after each individual use.

"Spray pool" or "splash pad." A unit containing spray

features intended for recreational use that does not allow water

to pool in the basin.

"Swimming pool." A place in the open or enclosed in any

structure or building for the purpose of admitting two or more

people to bathe or swim together.

"Unit." A separate and distinct public bathing place within

a facility with one or more public bathing places, including a

swimming pool, spray pool, splash pad, spa, beach or other water

attraction.

Section 3. (Reserved).

Section 4. Water supply.

(a) Requirements.--A public bathing place that operates a

recirculation system shall:

(1) Be equipped with an approved device to provide

continuous disinfection to prevent the growth of pathogenic

organisms.

(2) Maintain a recirculation and filtration system

capable of maintaining chemical and physical standards. The

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system shall:

(i) Have a bacteriological analysis on a consistent

and timely basis during the period of maximum use of the

public bathing place as provided by regulation and

appropriate for public health.

(ii) Monitor the water quality to ensure standards

are met. All monitoring results must be recorded on a

form provided by the department. A copy of the results

must be kept on file for three years by the facility

owner and any corrective action taken shall be documented

in the appropriate records.

(iii) Ensure that all water in a public bathing

place, swimming pool or spa is sufficiently clear so that

a six-inch colored disk is clearly visible from the

surface of the swimming pool or spa.

(b) Definition.--As used in this section, the term "public

bathing place" shall include a condominium.

Section 4.1. Certified lifeguards.

(a) Number.--An adequate number of certified lifeguards

shall be on duty at a recreational swimming establishment when

the recreational swimming establishment is open to the public.

(b) Requirements.--The department shall promulgate

regulations to determine the number of lifeguards required at a

recreational swimming establishment using objective criteria

that take into consideration industry standards. The department

shall consult with approved certifying authorities and

recreational swimming establishments to develop [regulations]

requirements relating to lifeguards.

[Section 4.2. Swimming Pool Pesticides.--]

Section 4.2. Swimming pool pesticides.

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The use of general use pesticides in the care and maintenance

of a swimming pool at a private single-family residence by any

person is authorized without any certification restrictions

imposed by the act of March 1, 1974 (P.L.90, No.24), known as

the "Pennsylvania Pesticide Control Act of 1973," or any

regulations promulgated [thereunder] under the act.

Section 2. The act is amended by adding sections to read:

Section 4.3. Safety.

(a) Electrical safety.--An operator of a public bathing

place under this act shall maintain electrical equipment and

wiring as appropriate to ensure public health.

(b) Vector control.--An operator and owner of a public

bathing place under this act shall take adequate measures for

the control of arthropods and rodents.

maintenance at a public bathing place shall reduce, to a

practical minimum, the danger of injury to persons from

drowning, falls, collisions, fires, nuisances or hazards of any

kind.

(d) Safety equipment.--An operator of a public bathing place

or other facility covered under this act shall ensure that

required safety equipment is stocked and available for public

use at all times.

(e) Definition.--As used in this section, the term "public

bathing place" shall include a condominium.

Section 4.4. Public notice.

(a) Notice.--A public bathing place shall be subject to

notice requirements as determined by the department. The notice

under this section shall be made available to the public upon

request and shall contain the following information:

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(1) A copy of the most recent electrical inspection.

(2) A copy of the most recent bacteriological monitoring

results.

(3) A copy of the lifeguard certification, first aid

certification and cardiopulmonary resuscitation certification

for each lifeguard employed at the facility.

(4) A copy of all applicable safety data sheets.

(5) A copy of the public bathing place permit.

(b) Hot tubs and spas.--A hot tub and spa shall be posted

with the signage indicating information as appropriate to ensure

compliance with safe use of a hot tub and spa.

signs at the entrance stating that all incidents involving

vomitus, fecal contamination or unsafe conditions must be

reported to management immediately.

(d) Hours of operation.--A public bathing place shall post a

sign at the entrance stating the hours of operation.

Section 4.5. Hygiene.

(a) Food safety.--If food service is provided at a public

bathing place, the food service facilities and operations shall

comply with the requirements under 3 Pa.C.S. Ch. 57 Subch. A

(relating to retail food facility safety).

(b) Sewage.--A sewerage system serving a public bathing

place shall be approved by the Department of Environmental

Protection. The approval shall be based upon satisfactory

compliance with 25 Pa. Code Ch. 73 (relating to standards for

onlot sewage treatment facilities) and the act of June 22, 1937

(P.L.1987, No.394), known as The Clean Streams Law.

Section 4.6. Violations and penalties.

The department may impose the following administrative or

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civil penalties on a public bathing place in violation of this

act:

(1) The department may levy a civil penalty of up to

$5,000 per day upon a person that owns or operates a public

bathing place in this Commonwealth in violation of the

provisions of this act.

(2) The department shall hold hearings and issue

adjudications in accordance with 2 Pa.C.S. (relating to

administrative law and procedure). The adjudications may be

appealed to Commonwealth Court under 42 Pa.C.S. § 763

(relating to direct appeals from government agencies).

Section 3. Sections 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of

the act are amended to read:

[Section 5. Permits.--]

Section 5. Permits.

(a) General rule.--It shall be unlawful for [any] a person

or persons, club, firm, corporation, partnership, institution,

association, municipality or county to construct, add to or

modify, or to operate, or continue to operate, any public bath

house, bathing swimming place or swimming pool, spa, beach,

natatorium, or any structure intended to be used for bathing or

swimming purposes, indoors or outdoors, without having first

obtained a permit so to do or being in possession of an

unrevoked permit.

(b) [Permits shall be obtained in the following manner: Any]

Application.--A person or persons, firm, corporation, co-

partnership, associations, institution, municipality or county,

or other body, desiring to construct, add to or modify, or to

operate and maintain any public bathing place, bath house,

bathing or swimming pool, natatorium, place or structure,

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indoors or outdoors, intended to be used for hire for bathing or

swimming within [the] this Commonwealth, shall file with the

department, on [blanks prepared by it] a form prepared by the

department, an application for permission to operate [such] a

bathing place or swimming pool.

(b.1) Validity of permit.--A permit shall be valid for a

period of one year, effective from April 1 to March 31 of the

following year.

a fee of ten ($10.00) dollars, and by] include:

(1) maps, drawings, specifications and descriptions of

the bathing place, pool, or structure[, its];

(2) the bathing place's, pool's or structure's

appurtenances and operations[, descriptions];

(3) a description of the source or sources of water

supply[,];

(4) the amount of chemical content and quality of water

available and intended to be used[,];

(5) the method and manner of water purifications,

treatment, disinfection, heating, regulating and cleaning[,

and];

(6) measures employed to insure installation of

necessary lavatories, dressing rooms, segregation of sexes,

and personal cleanliness of bathers[,];

(7) the method and manner of washing, disinfecting,

drying, and storing bathing apparel and towels[,]; and

(8) all other information and statistics that may be

required by the rules and regulations of the department.

(d) [Thereupon the department shall cause an investigation

to be made of] Investigation.--The department shall investigate

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the proposed bathing place or existing place, pond or pool. If

[it shall be determined] the department determines that the

bathing or swimming place reasonably may be expected to become

unclean, unsanitary, a nuisance, or may constitute a menace to

public health, the department shall immediately refuse a permit

[therefor] in a written order or decision giving the reasons for

[such] the refusal, and notify the applicant of [said] the

refusal.

[Section 6.]

(e) Exception.--A permit shall not be required for a

facility inside a condominium, cooperative or property owners'

association, as long as the facility is solely for the use of

members or personal guests of the members. The facility must be

registered with the department, including location, owner

contact information and other information as requested by the

department for the purpose of inspection.

Section 6. Issuance of permit.

If the department [shall determine] determines that the

bathing or swimming place, for which a permit is applied, is or

may be maintained continually in a clean, sanitary and healthful

manner, and will not constitute or become a menace to the public

health, promote immorality, or be a public nuisance, [it] the

department shall notify the applicant for [such] the permit

under what conditions and restrictions, if any, the department

will issue a permit. [Thereupon, if the said applicant then

shall desire such permit, and shall agree] If the applicant

agrees to comply with the restrictions and conditions prescribed

by the department, the department shall issue the permit.

[Section 7. All fees accompanying the applications for

permits, together with any monies received for transcribing any

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records for appeals, or any other purpose, shall be paid into

the State Treasury, through the Department of Revenue.

Section 8. Powers and Authority of the Department.--

(a) The department at all reasonable times shall have access

to, and are hereby empowered to enter upon, any and all parts of

the premises of any bathing and swimming place used and let for

hire to the public or individuals, and to make such examinations

and investigations as shall determine the sanitary conditions,

adequate number of certified lifeguards under section 4.1 and

all hazards and dangers from fires or anything else and whether

the provisions of this act and the rules and regulations of the

department are being complied with or are being violated.

(b) If it be determined upon such examination and

investigation that any bathing or swimming place is being

maintained contrary to the provisions of this act, such bathing

and swimming place forthwith shall be closed to all persons, and

the bathing or swimming pools be drained and kept dry until

provision is made to comply with this law and permission given

by the department to reopen the same. Prosecutions also shall be

brought and carried to final judgment by the department against

each and every person violating any of the provisions of this

act.

and detailed records of all such investigations, inspections and

prosecutions.]

Section 7. Fees.

(a) Application fee.--A new application for a permit to

construct, add to, modify or to operate or maintain a public

bathing place shall be accompanied by a fee of $100 for the

initial unit and $50 for each additional unit.

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(b) Annual renewal permit fee.--Beginning in the calendar

year following the payment of the application fee, or if a

permit from the department is received prior to 2024, a person

or persons, club, firm, corporation, partnership, institution,

association, municipality or county in possession of a permit

under this act shall pay an annual renewal permit fee to the

department prior to April 1 to renew the permit, and the fee

shall be based on the total water surface area of all permitted

units of the public bathing place as follows:

(1) The fee shall be $100 if the total square feet of

permitted water surface is less than 600 square feet.

(2) The fee shall be $125 if the total square feet of

permitted water surface is equal to or greater than 600 and

less than 1,000 square feet.

(3) The fee shall be $150 if the total square feet of

permitted water surface is equal to or greater than 1,000

square feet and less than 10,000 square feet.

(4) The fee shall be $300 if the total square feet of

permitted water surface is equal to or greater than 10,000

square feet.

a permit replacement due to ownership change, name change or

lost permit shall be accompanied by a fee of $25.

(d) Fees.--All fees collected by the department under this

section shall be paid to the department to administer the

program. Fees may be updated by rules and regulations of the

department.

Section 8. Powers and duties of department.

(a) Regulations.--The department shall promulgate

regulations necessary to implement the provisions of this act.

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The department shall consider the most up-to-date guidance

published in the Model Aquatic Health Code as developed by the

Centers for Disease Control and Prevention.

(b) Access and closure.--The department shall have access to

any part of the premises of a facility permitted under the

provisions of this act. A public bathing place in violation of

this act shall be closed to all persons until the public bathing

place is brought into compliance and permitted by the department

to reopen.

detailed records of all investigations, inspections and

prosecutions.

[Section 9.]

(d) Temporary regulations.--The following apply:

(1) In order to facilitate the prompt implementation of

this chapter, the department shall promulgate temporary

regulations that shall expire not later than two years

following the publication of the temporary regulations. The

temporary regulations shall not be subject to:

(i) Sections 201, 202, 203, 204 and 205 of the act

of July 31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law.

(ii) The act of June 25, 1982 (P.L.633, No.181),

known as the Regulatory Review Act.

(iii) Sections 204(b) and 301(10) of the act of

October 15, 1980 (P.L.950, No.164), known as the

Commonwealth Attorneys Act.

(2) The department's authority to adopt temporary

regulations under paragraph (1) shall expire six months after

the effective date of this section. Regulations adopted after

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this period shall be promulgated as provided by law.

(3) The department shall transmit the temporary

regulations to the Legislative Reference Bureau for

publication in the next available issue of the Pennsylvania

Bulletin no later than six months after the effective date of

this section.

Section 9. Validity.

The provisions of this act shall not operate to invalidate

the provisions of any ordinance, rule or regulation lawfully

enacted to protect the public health or against dangers from

fire, water hazards or nuisances of any kind.

[Section 10. No township, borough, city, or county, for

operating and carrying on the business licensed and regulated by

this act, shall impose any license fee in addition to the fees

herein prescribed: Provided, however, That the owners or

managers of such bathing places or swimming pools shall be

privileged to apply to the proper authorities of the

municipality in which such bathing or swimming place is located

and pay for any police and other protection necessary to protect

the patrons of such place from personal and bodily injury.

Section 11. Any permit granted by the department, as provided

in this act, shall be revocable or subject to suspension at any

time if the department shall determine that the bathing or

swimming place or pool is or has been conducted in a manner

unsanitary, unclean, promoting immorality or is dangerous to the

public health.

Section 12.

Any]

Section 10. Construction.

A township, borough, city or county shall not impose a permit

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fee in addition to the fees prescribed in this act. Nothing in

this section shall be construed to prevent the facility operator

of a public bathing place to apply for the provision of any

police and other protection necessary to ensure public safety.

Section 11. Permit revocation or suspension.

A violation of the provisions of this act shall be grounds

for permit revocation or suspension.

Section 12. Public nuisance declaration.

A bathing or swimming place constructed, operated or

maintained contrary to the provisions of this act is [hereby]

declared to be a public nuisance, and, after being closed and

drained of all water promptly, shall be abated and enjoined as

other nuisances are abated and enjoined by an action brought by

the Attorney General in any common pleas court of the county

when [such] the public nuisance is being maintained.

[Section 13. Any person, firm, or corporation, association

or institution whether as principal or agent, employer or

employee, who violates by any act of omission or commission, or

in any manner is a party to or directly or indirectly aids or

permits a violation of any of the provisions of this act, shall

be guilty of a summary offense. Each day that the conditions or

acts in violation of this act of Assembly shall remain or

continue shall be deemed, on the part of the person or persons

charged with the knowledge thereof, to be a separate and

distinct offense against the provisions of this act. For each

offense, upon conviction, such person or persons shall be

punished by a fine of not less than twenty-five ($25.00) dollars

nor more than five hundred ($500.00) dollars, or shall be

imprisoned in the county jail for a term not exceeding six

months, or by both such fine and imprisonment.

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Section 14.]

Section 13. Violations.

(a) Criminal violation.--A firm, corporation, association or

institution whether as principal, agent or employer that

violates by any act of omission or commission, or in any manner

is a party to or directly or indirectly aids or permits a

violation of any of the provisions of this act, shall be guilty

of a summary offense of the fifth degree and be subject to

jurisdiction and penalties as defined under 34 Pa.C.S. § 925

(relating to jurisdiction and penalties). Each day that the

conditions or acts in violation of this act shall remain or

continue is deemed a separate and distinct offense.

(b) Jurisdiction.--The Attorney General and county district

attorney's offices shall have concurrent jurisdiction over

offenses under this section.

Section 14. Repeals.

All acts or parts of acts contrary to or inconsistent with

the provisions hereof are hereby repealed. But nothing contained

in this act shall be contained in this act shall be construed to

repeal the provisions of any law the enforcement of which is

vested in the Department of Forests and Waters or the Water and

Power Resources Board.

Section 4. This act shall take effect in 60 days.

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