No. 38285 (5-year Review): Rule R392-303. Public Geothermal Pools and Bathing Places

DAR File No.: 38285
Filed: 02/11/2014 02:02:08 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Section 26-15-2. This section authorizes the Department to adopt rules and enforce minimum sanitary standards for the operation and maintenance of public swimming pools.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The rule was originally enacted in July 2009 in response to legislator's requests. There was a move in the legislature to exempt these types of pools a couple of years later from inspections, but the measure did not pass. Early in 2013, the Utah Department of Health (UDOH) was approached by an operator of a geothermal pool who had contacted other operators in the state. After close to five years of experience with this rule being enacted, these operators had some proposed changes to the rule that they felt through their experience would remove unnecessary regulations, but yet maintain public health. UDOH and the operators worked together to come up with proposed rule changes, and UDOH is currently in the process of modifying this rule in response to their request. UDOH has received comments from local health departments indicating the need to continue statewide enforcement of this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

As these types of pools are popular with the public, the need to regulate these pools continues to be quite important. There needs to be a safe level of use continued to be provided by geothermal pool operators as the public expectation is high. Many of the pools in the state operate as resorts, and as such need to maintain minimum levels of sanitation to prevent disease outbreaks. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Disease Control and Prevention, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at [e-mail]

Effective:

02/11/2014

Authorized by:

David Patton, Executive Director

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