H.B. 66

1

RESTRICTING REGULATION OF NATURAL
2 HOT SPRINGS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Curtis Oda
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill amends the Health Code to provide certain exemptions from swimming pool
11 regulations for natural springs.
12 Highlighted Provisions:
13 This bill:
14 . defines terms; and
15 . exempts geothermal pools and cold springs from certain health department
16 regulations of public swimming pools.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 26-15-1, as last amended by Chapter 112, Laws of Utah 1991
24 26-15-2, as enacted by Chapter 126, Laws of Utah 1981
25 ENACTS:
26 26-15-2.5, Utah Code Annotated 1953
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 26-15-1 is amended to read:
30 26-15-1. Definitions.
31 As used in this chapter:
32 (1) "Cold spring" means a flow-through public pool in which the water:
33 (a) is derived exclusively from a natural spring; and
34 (b) does not exceed 50 degrees Fahrenheit.
35 (2) "Flow-through public pool" means a public pool fed by a continuous supply of
36 water that causes an equal volume of water to overflow to waste.
37 [(1)] (3) "Food handler" means any person working part-time or full-time in a food
38 service establishment who moves food or food containers, prepares, stores, or serves food;
39 comes in contact with any food, utensil, tableware or equipment; or washes the same. The term
40 also includes owners, supervisors, and management persons, and any other person working in a
41 food-service establishment. The term also includes any operator or person employed by one
42 who handles food dispensed through vending machines; or who comes into contact with food
43 contact surfaces or containers, equipment, utensils, or packaging materials used in connection
44 with vending machine operations; or who otherwise services or maintains one or more vending
45 machines.
46 (4) "Geothermal pool" means a flow-through public pool, which uses geothermal
47 water.
48 (5) "Geothermal water" means water derived from and heated exclusively from the
49 natural heat energy from the earth.
50 [(2)] (6) "Pest" means a noxious, destructive, or troublesome organism whether plant
51 or animal, when found in and around places of human occupancy, habitation, or use which
52 threatens the public health or well being of the people within the state.
53 [(3)] (7) "Vector" means any organism, such as insects or rodents, that transmits a
54 pathogen that can affect public health.
55 Section 2. Section 26-15-2 is amended to read:
56 26-15-2. Minimum rules of sanitation established by department.
57 The department shall establish and enforce, or provide for the enforcement of minimum
58 rules of sanitation necessary to protect the public health. Such rules shall include, but not be

59 limited to, rules necessary for the design, construction, operation, maintenance, or expansion
60 of:
61 (1) restaurants and all places where food or drink is handled, sold or served to the
62 public;
63 (2) public swimming pools, except as provided in Section 26-15-2.5 ;
64 (3) public baths including saunas, spas, massage parlors, and suntan parlors, except as
65 provided in Section 26-15-2.5 ;
66 (4) public bathing beaches;
67 (5) schools which are publicly or privately owned or operated;
68 (6) recreational resorts, camps, and vehicle parks;
69 (7) amusement parks and all other centers and places used for public gatherings;
70 (8) mobile home parks and highway rest stops;
71 (9) construction or labor camps;
72 (10) jails, prisons and other places of incarceration or confinement;
73 (11) hotels and motels;
74 (12) lodging houses and boarding houses;
75 (13) service stations;
76 (14) barbershops and beauty shops;
77 (15) physician and dentist offices;
78 (16) public buildings and grounds; and
79 (17) public conveyances and terminals.
80 Section 3. Section 26-15-2.5 is enacted to read:
81 26-15-2.5. Geothermal pool and cold springs exemptions.
82 (1) This section applies to the department and a local health department created under
83 Title 26A, Local Health Authorities.
84 (2) Except as provided in Subsection (3), geothermal pools and cold springs are
85 exempt from public swimming pool requirements and public bath requirements related to:
86 (a) disinfectants and chemical feeders;
87 (b) acid based chemistry requirements;
88 (c) recirculation requirements related to:
89 (i) pumps;

90 (ii) skimmers;
91 (iii) filters;
92 (iv) water disinfection equipment;
93 (v) drains; and
94 (vi) other disinfectant equipment designed to completely recirculate the pool volume of
95 water; and
96 (d) water temperature requirements.
97 (3) The department may apply requirements exempted under Subsection (2), only to
98 the extent necessary to protect the public health, if the department can demonstrate that:
99 (a) (i) the geothermal pool or cold spring has consistently exceeded bacterial levels of
100 200 fecal coliforms per 50 milliliters; and
101 (ii) any requirements of Subsection (2) which the department intends to impose on the
102 geothermal pool are necessary to protect the public health; or
103 (b) (i) the geothermal pool has consistently exceeded a water temperature of 125
104 degrees Fahrenheit; and
105 (ii) any requirements in Subsection (2) which the department intends to impose on the
106 geothermal pool are necessary to protect the public health.
107 (4) A change in ownership or remodeling of the facilities of an existing geothermal
108 pool or cold spring does not change the exemption provided by this section.




Legislative Review Note
as of 11-16-06 8:46 AM

Office of Legislative Research and General Counsel