CR 10-041 Ordinance Amending Section 610 Swimming Pools•
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May 13, 2010
Council Report No. 2010=041
ORDINANCE AMENDING SECTION 610
SWIMMING POOLS
Proposed Action
Staff recommends that the Council approve the following motion: Move to approve Ordinance 2010-1018 for
first reading.
Overview
The Minnesota Department of Health. (MDH) modified the definition of a "Public Pool" in 2008 and
incorporated some new Minnesota Rules into the State Swimming Pool Code. Because the City entered into
the new MDH Delegation Agreement they have asked the city to amend our pool ordinance to be in line with
the current Minnesota Swimming Pool Code.
Primary Issues to consider
• What are the proposed amendments?
Supporting Documents
• Analysis of Issues
• Alternatives
• Ordinance number 2010-1018
Christopher P. Kearney
Building Official
Financial Impact: $ Nonex Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
Council Report 2010-041
• Page 2
Analysis of Issues
What are the amendments that are being proposed:
1. Section 610.01 Subdivision 7. Deals with the definition of a "Public Swimming Pool". The current
definition of a public swimming pool in the ordinance is being deleted entirely and replaced with the
definition in the State of Minnesota Swimming Pool Code.
2. The following language is being added to Section 610.01 Subdivision 7:
"Public pool "means any pool other than a private residential pool that is: (1) open to the public
generally, whether for a fee or free of charge; (2) open exclusively to members of an organization and
their guests; (3) open to residents of a multiunit apartment building, apartment complex, residential real
estate development, or other multifamily residential area; (4) open to patrons of a hotel or lodging or other
public accommodation facility; or (5) operated by a person in a park, school, licensed child care facility,
group home, motel, camp, resort, club, condominium, manufactured home park, or political subdivision
with the exception of swirmning pools at family day care homes licensed under section 245A.14,
subdivision 11, paragraph (a)". This definition of public pool is required by the State Department of
Health.
3. The following underlined language is being added to Section 610.11:
Public swimming pools and public and private special purpose pools shall be operated, governed and
• regulated by regulations established and issued by the Minnesota Department of Health as contained in
Minnesota Rules Parts 4717.0150 to 4717.3975 as well as Minnesota Statute Section 144.1222.
Regulation MHD 4717 and Minnesota Statute Section_ 144.1222 are adopted by reference. Any future
revisions of MN Rules Chapter 4717 are adopted by reference and are made part of this ordinance.. This
language is required by the State Department of Health due to the fact they updated the MN Swimming
Pool Code after the Abigail Taylor tragedy. The revised ordinance will be in line with what is in the State
of Minnesota Swimming Pool Code regarding construction and maintenance of public pools.
4. The language in Section 610.13 that deals with frequency of pool inspections has been amended to
make it clear that each public pool will be inspected as least once per year and as often as necessary. The
following language is being added: Inspections of public swimming pools and public special purpose
pools. The health authority shall inspect every such pool at least once every 12 months and as frequently
as may be necessary or desirable to insure compliance with the provisions of this section. This is a
Minnesota Department of Health requirement.
Alternatives
1. Adopt Ordinance number 2010-1018 for first reading
2. Do not adopt Ordinance number 2010-1018 for first reading
Staff recommends Alternative #1.
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CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2010-1018
AN ORDINANCE AMENDING
SECTION 610 OF THE HOPKINS CITY CODE
THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. That Section 610.01 Subdivision 7. be deleted:
Subd. 7. "Publie- swimming peel" means any- peel ether than a
private —residential= peel, intended- -to be 'ase, - ries of—per-Se-ns
ane—eperated by an ewnery• lessee, eper-ter, - lieensee, er
eenees-siena-ire, regardless of whether a- fee is eha-rged Eger sueh terse..
Section 2. That Se6tion 610.01 Subdivision 7. be amended by adding
the following:
"Public pool" means any pool other than a private
residential pool, that is: (1) open to the public generally, whether
for a fee or free of charge; (2) open exclusively to members of an
organization and. their. guests; (3) open to residents of a multiunit
• apartment building, apartment complex, residential real estate
development, or other multifamily residential area; (4) open to
patrons of a hotel or lodging or other public accommodation facility;
or (5) operated by a person in a park, school, licensed child care
facility, group home, motel, camp, resort, club, condominium,
manufactured home park, or political subdivision with the exception of
swimming pools at family day care homes licensed under section
245A.,14, subdivision ll,.paragraph (a).
Section 3. That Section 610.11 be amended by adding the following:
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610.11. Rules and regulations pertaining to construction, care and
operation of public swimming pools and public special purpose pools.
Public swimming pools and public and private special purpose pools
shall be operated, governed and regulated by regulations established
and issued by the Minnesota Department of Health as contained in
Minnesota Rules Parts 4717.0150 to 4717.3975 as well as Minnesota
Statute Section 144._1222. Regulation MHD 4717 and Minnesota Statute
Section 144.1222 are adopted by reference._Any future revisions of MN
Rules Chapter 4717 are adopted by reference and are made part of this
ordinance. Two copies of the Minnesota department of health
regulations MHD 4717 shall be on file for public inspection at the
office of the manager and of the clerk. In addition to all other
sections as hereinabove set forth, such pools shall also be regulated,
governed and controlled by all applicable provisions of this code.
Section 610
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Section 4. That Section 610.13 be amended by adding the following:
610.13. Inspections of public swimming pools and public special
purpose pools. The health authority shall inspect every such pool at
least once every 12 months and as frequently as may be necessary or
desirable to insure compliance with the provisions of this section.
The effective date of this ordinance shall be the date of
publication.
First Reading: May 18, 2010
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Section 610
June 1, 2010
June 10, 2010
June 10, 2010
Date
Gene Maxwell, Mayor
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