135I.4 - POWERS AND DUTIES.
135I.4 POWERS AND DUTIES.
The department is responsible for registering and regulating the
operation of swimming pools, spas, and, notwithstanding chapter 89,
swimming pool or spa water heaters. The department shall conduct
seminars and training sessions, and disseminate information regarding
health practices, safety measures, and operating procedures required
under this chapter. The department may:
1. Inspect, at the time of installation and periodically
thereafter, all swimming pools and spas for the purpose of detecting
and eliminating health or safety hazards.
2. Establish minimum safety and sanitation criteria for the
operation and use of swimming pools and spas.
3. Establish minimum qualifications for swimming pool, spa, and
waterslide operators and lifeguards. Swimming pools operated by
apartments, condominiums, country clubs, neighborhoods, or
manufactured home communities or mobile home parks are exempt from
requirements regarding lifeguards.
4. Establish and collect fees to defray the cost of administering
this chapter. It is the intent of the general assembly that fees
collected under this chapter be used to defray the cost of
administering this chapter. However, the portion of fees needed to
defray the costs of a local board of health in implementing this
chapter shall be established by the local board of health. A fee
imposed for the inspection of a swimming pool or spa shall not be
collected until the inspection has actually been performed.
5. Adopt rules in accordance with chapter 17A for the
implementation and enforcement of this chapter and the establishment
of fees.
6. Enter into agreements with a local board of health to
implement the inspection and enforcement provisions of this chapter.
The agreements shall provide that the fees established by the local
board of health for inspection and enforcement shall be retained by
the local board. However, inspection fees shall not be charged by
the department for facilities which are inspected by third-party
authorities. Third-party authorities shall be approved by the
department. The department shall monitor and certify the inspection
and enforcement programs of local boards of health and approved
third-party authorities. Section History: Recent Form
89 Acts, ch 291, § 4; 92 Acts, ch 1194, § 3; 92 Acts, ch 1237, §
9; 2001 Acts, ch 153, §16; 2007 Acts, ch 159, §22