NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION
CHAPTER 397
HOUSE BILL 291
AN ACT AUTHORIZING THE STATE BOARD OF HEALTH TO ESTABLISH RECOMMENDED MINIMUM STANDARDS FOR THE DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE OF PUBLIC SWIMMING POOLS.
The General Assembly of North Carolina do enact:
Section 1. Chapter 130 of the General Statutes of North Carolina is hereby amended by adding a new Article following Article 13 thereof, to be designated as Article 13A and to read as follows:
"Article 13A
"Design, Construction, Operation and Maintenance of Public Swimming Pools.
"G.S. 130-169.1. Swimming Pools Defined. For the purpose of this Article the following definitions shall apply:
(1) 'Person': any individual, firm, partnership, cooperative organization, corporation, municipality, any other political subdivision or other organized entity.
(2) 'Swimming pool': any structure, basin, chamber, or tank containing an artificial body of water for swimming, diving, or recreational bathing.
(3) 'Public swimming pool': any swimming pool, other than a residential swimming pool, intended to be used collectively by numbers of persons for swimming or bathing, operated by any person as defined herein, whether he be owner, lessee, operator, licensee, or concessionaire, regardless of whether or not a fee is charged for such use.
(4) 'Residential swimming pool': any swimming pool located on private property under the control of the home owner; the use of which is limited to swimming or bathing by members of his family or their invited guests.
"G.S. 130-169.2. Authority of the State Board of Health. For the protection of the public health and safety, the State Board of Health is hereby authorized, empowered and directed to prepare minimum standards regarding the design, construction, maintenance and operation of public swimming pools. These standards shall include and be restricted to such items as water supply, sewer and waste connections, bathing load, recirculation equipment, piping and appurtenances filtration equipment, disinfection and chemical feed equipment, bathhouse, showers and toilet facilities, safety operation equipment, and water quality and operation of such sanitation equipment.
"G.S. 130-169.3. Minimum Standards. The minimum standards established by the State Board of Health are to be made available to local governmental units as a recommended guide in the development of local ordinances governing the design, construction, and maintenance of public swimming pools and may be adopted by reference by the local governmental units as the standards of the local governmental unit.
"G.S. 130-169.4. Local Governmental Agencies. Local governmental agencies with authority to enact ordinances or regulations for the protection of the public health are authorized to adopt and enforce ordinances governing the design, construction, and maintenance of public swimming pools using the minimum standards adopted by the State Board of Health under authority of G.S. 130-169.2 as their standards guide.
"G.S. 130-169.5. Lakes, Ponds, Streams, etc. The standards provided by this Article shall not apply to lakes, ponds, streams and other natural places used for swimming; the approval or acceptances of such places as not being dangerous to the public health is to be based on the results of a sanitary survey and the bacteriological quality of the water.
"G.S. 130-169.6. Residential Swimming Pools Exempted. The provisions of this Article shall not apply to residential swimming pools."
Sec. 2. Separability Clause. If any part of this Act is adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remaining portion of this Act.
Sec. 3. Repealing Clause. All laws and clauses of laws in conflict herewith are hereby repealed.
Sec. 4. Effective Date. This Act shall be in full force and effect from and after January 1, 1964.
In the General Assembly read three times and ratified, this the 8th day of May, 1963.