North Carolina SB 144: Common Sense Distribution Licensing.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 144

Short Title: Requirements for Operating Public Cold Baths. (Public)
Sponsors: Senator Hanig (Primary Sponsor).
Referred to: Rules and Operations of the Senate
February 25, 2025
*S144-v-1*
A BILL TO BE ENTITLED 1
AN ACT CLARIFYING THE SCOPE OF PUBLIC SWIMMING POOL LAWS TO EXEMPT 2
PUBLIC COLD BATHS THAT MEET SPECIFIED REQUIREMENTS; AND MAKING 3
OTHER TECHNICAL AND CLARIFYING CHANGES TO G.S. 130A-280. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 130A-280, as amended by Section 4.51(a) of S.L. 2024-49, reads 6
as rewritten: 7
"§ 130A-280. Scope.Scope and definitions. 8
(a) This Article Part provides for the regulation of public swimming pools in the State as 9
they may affect the public health and safety. As used in this Article, the term "public swimming 10
pool" means any structure, chamber, or tank containing an artificial body of water used by the 11
public for swimming, diving, wading, recreation, or therapy, together with buildings, 12
appurtenances, and equipment used in connection with the body of water, regardless of whether 13
a fee is charged for its use. The term includes municipal, school, hotel, motel, apartment, 14
boarding house, athletic club, or other membership facility pools and spas, spas operating for 15
display at temporary events, and artificial swimming lagoons. As used in this Article, an 16
"artificial swimming lagoon" means any body of water used for recreational purposes with more 17
than 20,000 square feet of surface area, an artificial liner, and a method of disinfectant that results 18
in a disinfectant residual in the swimming zone that is protective of the public health. This Article 19
Part does not apply to any of the following: 20
(1) A private pool serving a single family dwelling and used only by the residents 21
of the dwelling and their guests. 22
(2) A private pool serving a single family dwelling meeting the minimum 23
requirements of this subdivision which is offered to, and used by, individuals 24
on a temporary basis utilizing a sharing economy platform. For the purposes 25
of this subdivision, a sharing economy platform means an online platform 26
used to facilitate peer-to-peer transactions to acquire, provide, or share access 27
to goods and services. For the purposes of this subdivision, a pool must meet 28
all of the following minimum requirements: 29
a. Pools must have proper fencing and barriers to prevent unsupervised 30
access, especially by children. The fence should be at least 4 feet high 31
with a self-latching gate. 32
b. Pools must have clear and conspicuous signage posted around the pool 33
area specifying pool rules, depth markers, and any potential hazards. 34
c. Pools must be equipped with basic lifesaving equipment, including life 35
rings and reaching poles. 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 144-First Edition
d. Pool decks and surrounding areas must have non-slip surfaces. 1
e. Pools must have properly fitted covers for all submerged suction 2
outlets. 3
f. Pools must be well-maintained with proper chemical balance and 4
cleanliness to ensure safe and healthy swimming conditions. 5
(2a) A public cold bath that meets all of the following requirements: 6
a. Is a tub or tank that is used by the general public, one bather at a time, 7
regardless of whether a fee is charged for its use. 8
b. Contains chilled water that is (i) maintained at a temperature lower 9
than 60 degrees Fahrenheit, (ii) no more than 180 gallons in volume, 10
and (iii) at a depth that allows the bather to maintain the bather's head 11
above the water while in a seated position. 12
c. Continuously filters and sanitizes the chilled water. 13
(3) Therapeutic pools used in physical therapy programs operated by medical 14
facilities licensed by the Department or operated by a licensed physical 15
therapist, nor to therapeutic chambers drained, cleaned, and refilled after each 16
individual use. 17
(b) The following definitions apply in this Part: 18
(1) Artificial swimming lagoon. – Any body of water used for recreational 19
purposes with more than 20,000 square feet of surface area, an artificial liner, 20
and a method of disinfectant that results in a disinfectant residual in the 21
swimming zone that is protective of the public health. 22
(2) Public swimming pool. – Any structure, chamber, or tank containing an 23
artificial body of water used by the public for swimming, diving, wading, 24
recreation, or therapy, together with buildings, appurtenances, and equipment 25
used in connection with the body of water, regardless of whether a fee is 26
charged for its use. The term includes municipal, school, hotel, motel, 27
apartment, boarding house, athletic club, or other membership facility pools 28
and spas, spas operating for display at temporary events, and artificial 29
swimming lagoons." 30
SECTION 2. This act becomes effective July 1, 2025. 31