SECOND REGULAR SESSION

HOUSE BILL NO. 2149

94TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES SMITH (14) (Sponsor) AND TILLEY (Co-sponsor).

                  Read 1st time February 14, 2008 and copies ordered printed.

D. ADAM CRUMBLISS, Chief Clerk

5107L.01I

AN ACT

To amend chapter 316, RSMo, by adding thereto one new section relating to the regulation of swimming pools, with a penalty provision.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 316, RSMo, is amended by adding thereto one new section, to be known as section 316.255, to read as follows:

            316.255. 1. As used in this section, the following terms mean:

            (1) "Certified operator", an individual who has successfully completed the Certified Pool-Spa Operator course approved by the National Swimming Pool Foundation, the Aquatic Facility Operator course approved by the National Recreation and Park Association, or an equivalent course provided by a nonprofit organization approved by the department of health and senior services. Such course shall provide at least fourteen hours of training on pool operation, safety, and maintenance. At least six hours of training and a proctored exam shall be carried out in a classroom environment. The remainder of the training may be carried out by online training approved by the department. A copy of the certification shall be forwarded to the department. A certified operator shall maintain his or her certification as required by the applicable organization;

            (2) "Swimming pool", a fixed or mobile structure, basin, chamber, or tank and appurtenant buildings and equipment that serve or are installed for use by:

            (a) The state;

            (b) A political subdivision of the state;

            (c) A motel or hotel;

            (d) A resort, camp, club, or association;

            (e) A housing development;

            (f) A school;

            (g) A religious, charitable, or youth organization;

            (h) An educational or rehabilitation facility; or

            (i) Another entity.

Swimming pool does not include a fixed or mobile structure, basin, chamber, or tank that only serves three or fewer individual residences.

            2. Beginning July 1, 2009, an owner of a swimming pool shall employ at least one certified operator. The owner shall replace a vacancy in the certified operator position within ninety days of the occurrence of the vacancy if the owner employs only one certified operator. A current certificate of a certified operator by an owner of a swimming pool shall be posted conspicuously and maintained at the swimming pool for the duration of such employment.

            3. Any person who violates the provisions of this section is guilty of an infraction.

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