H*4918 Session 108 (1989-1990)
H*4918(Rat #0676, Act #0551 of 1990) General Bill, By Alexander
A Bill to amend Chapter 55, Title 44, Code of Laws of South Carolina, 1976,
relating to water, sewage, and waste disposal, by adding Article 23 so as to
provide for the regulation of public swimming pools by the Department of
Health and Environmental Control by enacting the State Recreational Waters
Act.-amended title
03/29/90 House Introduced and read first time HJ-36
03/29/90 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-36
04/18/90 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-9
04/25/90 House Debate adjourned until Thursday, April 26, 1990 HJ-82
05/01/90 House Debate adjourned until Wednesday, May 2, 1990 HJ-19
05/02/90 House Read second time HJ-19
05/03/90 House Read third time and sent to Senate HJ-11
05/08/90 Senate Introduced and read first time SJ-13
05/08/90 Senate Referred to Committee on Medical Affairs SJ-13
05/09/90 Senate Recalled from Committee on Medical Affairs SJ-23
05/09/90 Senate Amended SJ-23
05/09/90 Senate Read second time SJ-24
05/09/90 Senate Unanimous consent for third reading on next
legislative day SJ-24
05/10/90 Senate Read third time and returned to House with
amendments SJ-19
05/30/90 House Concurred in Senate amendment and enrolled HJ-32
06/05/90 Ratified R 676
06/06/90 Signed By Governor
06/06/90 Effective date 06/06/90
06/06/90 Act No. 551
07/02/90 Copies available
(A551, R676, H4918)
AN ACT TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO WATER, SEWAGE, AND WASTE DISPOSAL, BY ADDING ARTICLE
23 SO AS TO PROVIDE FOR THE REGULATION OF PUBLIC SWIMMING POOLS BY THE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BY ENACTING THE STATE
RECREATIONAL WATERS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
State Recreational Waters Act
SECTION 1. Chapter 55, Title 44 of the 1976 Code is amended by
adding:
"Article 23
Public Swimming Pools
Section 44-55-2310. This article may be cited as the State
Recreational Waters Act.
Section 44-55-2320. As used in this article:
(1) `Board' means the Board of Health and Environmental Control.
(2) `Commissioner' means the commissioner of the department or
his authorized agent.
(3) `Department' means the Department of Health and
Environmental Control.
(4) `Person' means an individual, public or private corporation,
political subdivision, governmental agency, municipality, industry,
copartnership, association, firm, trust, estate, or any other legal
entity. `Person' does not mean a church, synagogue, or religious
organization.
(5) `Public swimming pool' means an artificial structure used to
impound water to provide for such recreational uses as bathing,
swimming, diving, wading, spraying, sliding, floating, rafting, or
other similar usage which is not built in connection with a single
family residence and the use of which is not confined to the family of
the residence and its private guests, or which is not owned,
constructed, operated, or maintained by a church, synagogue, or
religious organization.
Section 44-55-2330. The department shall promulgate regulations,
standards, and procedures necessary to protect the health and safety
of the public and to ensure proper design, construction, and operation
of public swimming pools. The regulations may prescribe minimum
design criteria, the requirements for the issuance of construction and
operation permits, operation and maintenance standards, and
bacteriological, chemical, and physical standards for public swimming
pool waters.
Section 44-55-2340. (A) No person may construct, materially
alter, or enlarge a public swimming pool until an application for a
construction permit has been submitted to, and a construction permit
is issued by, the department. An application submitted for a
construction permit must be signed by the owner and include drawings,
plans, and specifications prepared and signed by an architect or
engineer registered in this State which demonstrate compliance with
the design standards promulgated by the department. No newly
constructed or altered public swimming pool may be placed into
operation until the department has conducted a final inspection and
issued written approval that the construction is completed
satisfactorily.
(B) No person may operate an existing public swimming pool until
he has obtained an annual operating permit from the department for the
calendar year in which the pool is to be operated. All annual
operating permits expire on the last day of the calendar year for
which they are issued. An annual operating permit for a newly
constructed pool is not required until the calendar year following the
year in which the pool is constructed.
(C) The owner shall operate and maintain his public swimming
pool in a manner to provide water quality which is bacteriologically,
chemically, and physically safe for swimming or its other intended use
and assure that it is free from potential safety hazards to the users.
The owner shall keep records of operation on forms approved by the
department and shall make the records available to the department upon
request. The records must include information as specified in the
regulations promulgated by the department.
Section 44-55-2350. The department may establish and collect fees
for the construction permits and the annual operating permits required
by Section 44-55-2340 unless prohibited by the General Assembly.
Section 44-55-2360. It is unlawful for a person to fail to
comply with the requirements of this article and regulations
promulgated by the department including a permit or order issued by
the board, commissioner, or department.
Section 44-55-2370. (A) Whenever the department finds that a
person is in violation of a permit, regulation, standard, or
requirement under this article, the department, after written notice
of violation, may issue an order requiring the person to comply with
the permit, regulation, standard, or requirement or may request the
Attorney General to commence an action under this subsection in the
appropriate court. The department also may assess civil penalties as
provided in this section for violations of the provisions of this
article, including any order, permit, regulation, or standard.
(B) A person who fails to take appropriate corrective action
after receiving written notice of the violation of a provision of
Section 44-55-2360 is liable for a civil penalty not to exceed five
hundred dollars a day for the first violation; one thousand dollars a
day for the second violation; and three thousand dollars a day for the
third or subsequent violations which occur during the same year.
Fifty percent of the penalties collected must be retained and used in
the implementation of the recreational waters program, thirty percent
must be forwarded to the county in which the violations occur, and
twenty percent must be forwarded to the state's general fund.
Section 44-55-2380. For purposes of enforcing this article and
regulations promulgated pursuant to this article, an employee or duly
authorized representative of the department may enter at reasonable
times the premises of a public swimming pool. The department, upon
receipt of information that a public swimming pool may present an
imminent and substantial hazard to the health of persons using the
pool, may issue an order directing the owner or operator of the
swimming pool to take steps necessary to eliminate the hazard. The
action may include temporary cessation of operation of the public
swimming pool."
Authority to regulate
SECTION 2. The department may use the authority of this act to
enforce the requirements of an effective regulation relating to public
swimming pools which were promulgated pursuant to Chapter 1, Title 44
of the 1976 Code so long as these requirements are consistent with the
provisions of this act and until regulations are promulgated pursuant
to the authority of this act.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 6th day of June, 1990.
|