An Act To Change the Timing of the Health Care Occupations Report and To Add and Clarify Definitions Relating to Swimming Pools and Spas
Maine Legislature, Session 123, LD 2105
Committee: Health and Human Services
Sponsors: DRISCOLL, PERRY
Amends: 22 MRSA §256-A, 22 MRSA §257, 22 MRSA §2662, 22 MRSA §2663, 22 MRSA §2664, 22 MRSA §2665, 22 MRSA §2666, 22 MRSA §2667, 22 MRSA §2668

Legislative Document 
No. 2105 
H.P.1491 
House of Representatives, December 31, 2007 
An Act To Change the Timing of the Health Care Occupations 
Report and To Add and Clarify Definitions Relating to Swimming 
Pools and Spas 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative DRISCOLL of Westbrook. 
Cosponsored by Representative: PERRY of Calais. 
Printed on recydeJ paper 
'-7J1~m.7J?~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §256-A, first~, as amended by PL 2007, c. 240, Pt. RR, §2, is 
further amended to read: 
Beginning in 2006, the Department of Labor, in conjunction with the Office of Health 
Data and Program Management's Division of Data, Research and Vital Statistics, shall 
compile and annually update a health care occupations report to be completed and 
presented to the health workforce forum established in section 257 by September 15th. 
Beginning in 2009, the health care occupations report must be completed and presented to 
the health workforce forum established in section 257 by September 15th and presented 
every 4th year thereafter. The report must be posted on a publicly accessible site on the 
Internet maintained by the Department of Labor and provide the following information: 
Sec. 2. 22 MRSA §257, as amended by PL 2005, c. 327, §3, is further amended to 
read: 
§257. Health workforce forum 
The department shall convene at least once annually a health workforce forum to 
review the latest report developed under section ~ 
256-A and discuss current health 
care workforce issues. The forum must include representatives of health professionals, 
licensing boards, employers, health education programs and the Department of Labor. 
The department shall use the information gathered through the forum to develop its 
health policy and planning decisions authorized under this Title and to make appropriate 
policy recommendations based on its analysis of the health care workforce. 
The 
department shall post its annual the report and recommendations on a publicly accessible 
site on the Internet maintained by the department by December 31 st of each year, 
beginning in ~ 
2009. 
Sec. 3. 22 MRS A §2661, as enacted by PL 1985, c. 150, is amended to read: 
§2661. Purpose 
The purpose of this chapter is to provide minimum requirements and standards for the 
protection of the public health, safety and welfare of persons using public swimming 
pools or spas. 
Sec. 4. 22 MRSA §2662, as enacted by PL 1985, c. 150 and amended by PL 2003, 
c. 689, Pt. B, §6, is further amended to read: 
§2662. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Communicable disease. "Communicable disease" is a disease capable of being 
transmitted from one person to another. 
2. 
Department. 
"Department" means the Department of Health and Human 
Services. 
2-A. Medical facility pool or medical facility spa. "Medical facilitv pool" or 
"medical facility spa" means a pool or spa under the direct supervision and control of 
licensed medical personnel. 
2-D. 
Pool. 
"Pool" means a basin, chamber or tank constructed of smooth, 
impervious and easily cleaned materials, located either indoors or outdoors, in-ground, 
aboveground or on-ground, provided with a controlled water supply and containing an 
artificial body of water used for swimming, recreational bathing or wading. 
"Pool" 
includes any related equipment, structures, areas and enclosures that are intended for the 
use of persons using or operating the pool, including equipment, dressing lockers, 
showers and toilet rooms. 
3. Pool depth. "Pool depth" means the distance between the floor of the pool and 
the maximum operating water level. 
4. 
Residential spa. 
"Private Residential spa" means any constructed spa, 
permanently installed or portable, whish that is used in connection with a single or 
multifamily residence, used by tenants of apartment buildings, owners of condominiums 
or members of property owners associations and available only to the these residents and 
their private guests. 
5. Residential swimming pool. "Private Residential swimming pool" means any 
constructed pool whish that is used as-a for swimming l*** in connection with a single or 
multifamily residence, used by tenants of apartment buildings, owners of condominiums 
and members of property owners associations and available only to the these residents 
and their private guests. A pool on the premises of a family child care provider who is 
certified or required to be certified under section 830 I-A is a residential pool. 
6. 
Public spa. 
"Public spa" means any constructed spa other than a pFi¥ate 
residential spa or medical facility spa. 
7. Public pool. "Public switnnHng pool" means any constructed or prefabricated 
pool other than a private s'NitnnHng residential pool or medical facility pool that is 
intended to be used for swimming, recreational bathing or wading and is operated by an 
owner, lessee, tenant or concessionaire or by a person licensed by the department, 
regardless of whether a fee is charged for use. A pool on the premises of a child care 
facility that is licensed or required to be licensed under section 830 I-A is a public pool. 
8. Spa. "Spa" means a unit containing water primarily designed for therapeutic or 
nontherapeutic use whish that is not drained, cleaned or refilled for each individual. It 
may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral 
baths, air induction bubbles or any combination thereof. The term spa "Spa" includes, but 
is not limited to, a therapeutic pool, hydrotherapy pool, whirlpool, hot spa and hot ttffis 
tub. 
9. 
Swimming p881. 
"Swimming pool" means any basin, chamber or tank 
constructed of impervio\:is material, located either indoors or o\:itdoors containing an 
artificial body of water fur s'ivimming or recreational bathing and having a depth of 2 feet 
or more at ~ 
point. 
This incl\:ides any related eq\:iipment, struct\:!Fes, areas and 
enclos\:!Fes that are intended fur the \:ise of persons \:ising or operating the swimming pool 
s\:ich as eq\:!ipment, dressing lockers, showers and toilet rooms. 
Sec. 5. 22 MRSA §2663, as enacted by PL 1985, c. 150, is amended to read: 
§2663. Existing installations 
1. Public pool or spa; existing use. Any public swimming pool or spa installed 
prior to the effective date of this shepter September 19, 1985, may have its existing use, 
maintenance or repair continued if the use, maintenance or repair is in accordance with 
the original design and location and no hazard to the public health, safety or welfare has 
been created by the installation. 
2. Public pool or spa; maintenance. The owner or hi5 the owner's designated agent 
shall be i§. responsible for the maintenance of the public svlimming pool or spa in a safe 
and sanitary condition. 
Sec. 6. 22 MRSA §2664, as enacted by PL 1985, c. 150, is amended to read: 
§2664. Rules 
The department may proffi\:!lgate adopt and enforce rules necessary to protect public 
health and safety and carry out the provisions of this chapter relating directly to the safe 
and sanitary design, construction and operation of public swimming pools and spas. 
Sec. 7. 22 MRSA §2665, as enacted by PL 1985, c. 150, is amended to read: 
§2665. Submission of plans 
Ne A person may not begin construction of a public swimming pool or spa or 
substantially alter or reconstruct any public svAmming pool or spa without first having 
submitted plans and specifications to the department for review and approval. 
The 
department review shall be i§.limited to matters relating directly to safety and sanitation. 
The design criteria to be followed by the department in the review and approval is the 
minimum standard for public swimming pools and the minimum standard for public spas 
published by the National Swimming Pool Instit\:ite Association of Pool and Spa 
Professionals or successor organization. 
Sec. 8. 22 MRSA §2666, as enacted by PL 1985, c. 150, is amended to read: 
§2666. Health and safety 
1. Employment; communicable disease. Ne A person having a communicable 
disease may not be employed or work at a public swimming pool or spa. 
2. Nuisance. Any public svrimming pool or spa found to be unsanitary, as defined 
by the department's rules, is declared to be a nuisance. 
3. 
Supervision. Every public swimming pool or spa shall must be under the 
supervision of a capable individual who shall assume the responsibility for compliance 
with this chapter relating to the safe and sanitary operation and maintenance of a public 
swimming pool or spa. Nothing in this This chapter may not be construed to require a 
lifeguard to be on duty when a public swimming pool or spa is open to the public. 
Sec.9. 22 MRSA §2667, as enacted by PL 1985, c. 150, is amended to read: 
§2667. Inspections 
The department may conduct the inspections as it eeems considers necessary to 
4nsw:e ensure compliance with the provisions of this chapter and shall ha',te has right of 
entry at any reasonable hour to public swimming pools or spas for this purpose. 
Sec. 10. 22 MRSA §2668, as enacted by PL 1985, c. 150, is amended to read: 
§2668. Closure 
The department may close any public swimming pool or spa for failure to comply 
with the provisions of this chapter. 
Before closing a public sli'limming pool or spa, the department shall issue a notice in 
writing enumerating instances of failure to comply with the law or rules. The owner shall 
must have an opportunity to request a fair hearing before the department pursuant to Title 
5, sections 9052 to 9064. 
Closed public swimming pools and spas shall must be reopened upon presentation of 
evidence that the deficiencies causing the closing have been corrected. 
Sec. 11. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 22, chapter 602, in the chapter headnote, the words 
"public swimming pools and spas" are amended to read "public pools and spas" and the 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
SUMMARY 
This bill changes the timing of the Department of Labor's health care occupations 
report from annually to every 4th year beginning in 2009. 
This bill also changes the definition of "private" pool or spa to "residential" pool or 
spa and distinguishes a residential pool or spa from a public pool or spa by including in 
the definition the limitation that the residential pool or spa is available for use only by the 
residents of the apartment, condominium or association related to the pool or spa. This 
bill also clarifies the definition of "public pool" by stating that its characterization as 
public does not depend on a fee being charged for its use. This bill clearly defines a pool 
I 
on the premises of a child care facility within the meaning of the Maine Revised Statutes, 
Title 22, section 830 I-A, subsection 2 to be a public pool and a pool on the premises of a 
family child care provider within the meaning of Title 22, section 830 I-A, subsection 3 to 
be a residential pool. The bill also updates the law to reflect the change of terminology 
created by the bill.