North Carolina SB 205: Eliminate Unnecessary Testing/Animal Waste.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 3
SENATE BILL 205
Second Edition Engrossed 4/8/25
House Committee Substitute Favorable 6/11/25

Short Title: Swimming Pools/Housing Regulatory Reform. (Public)
Sponsors:
Referred to:
March 3, 2025
*S205-v-3*
A BILL TO BE ENTITLED 1
AN ACT TO: PROHIBIT LOCAL BOARDS OF HEALTH FROM REGULATING PRIVATE 2
POOLS SERVING SINGLE FAMILY DWELLINGS; CLARIFY THE SCOPE OF 3
SWIMMING POOL LAWS BY AMENDING THE EXEMPTION FOR PRIVATE POOLS 4
SERVING SINGLE FAMILY DWELLINGS; MAKE OTHER TECHNICAL CHANGES 5
TO G.S. 130A-280; REFORM LOCAL GOVERNMENT DEVELOPMENT 6
REGULATIONS IN THIS STATE; AND CLARIFY THAT USE RIGHTS ON PROPERTY 7
ARE NOT EXTINGUISHED BY THE APPROVAL OF ADDITIONAL USE RIGHTS. 8
The General Assembly of North Carolina enacts: 9
10
PART I. SWIMMING POOL AMENDMENTS 11
SECTION 1. G.S. 130A-39(b) reads as rewritten: 12
"(b) A local board of health may adopt a more stringent rule in an area regulated by the 13
Commission for Public Health or the Environmental Management Commission where, in the 14
opinion of the local board of health, a more stringent rule is required to protect the public health; 15
otherwise, the rules of the Commission for Public Health or the rules of the Environmental 16
Management Commission shall prevail over local board of health rules. However, a local board 17
of health may not adopt a rule concerning a private pool serving a single family dwelling 18
otherwise exempt from regulation pursuant to G.S. 130A-280 or a rule concerning the grading, 19
operating, and permitting of food and lodging facilities as listed in Part 6 of Article 8 of this 20
Chapter and as defined in G.S. 130A-247(1), and a local board of health may adopt rules 21
concerning wastewater collection, treatment and disposal systems which are not designed to 22
discharge effluent to the land surface or surface waters only in accordance with 23
G.S. 130A-335(c)." 24
SECTION 2. G.S. 130A-280, as amended by Section 4.51 of S.L. 2024-49, reads as 25
rewritten: 26
"§ 130A-280. Scope.Scope and definitions. 27
(a) This Article Part provides for the regulation of public swimming pools in the State as 28
they may affect the public health and safety. As used in this Article, the term "public swimming 29
pool" means any structure, chamber, or tank containing an artificial body of water used by the 30
public for swimming, diving, wading, recreation, or therapy, together with buildings, 31
appurtenances, and equipment used in connection with the body of water, regardless of whether 32
a fee is charged for its use. The term includes municipal, school, hotel, motel, apartment, 33
boarding house, athletic club, or other membership facility pools and spas, spas operating for 34
display at temporary events, and artificial swimming lagoons. As used in this Article, an 35

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 205-Third Edition
"artificial swimming lagoon" means any body of water used for recreational purposes with more 1
than 20,000 square feet of surface area, an artificial liner, and a method of disinfectant that results 2
in a disinfectant residual in the swimming zone that is protective of the public health. This Article 3
Part does not apply to any of the following: 4
(1) A private pool serving a single family dwelling and used only by the residents 5
of the dwelling and their guests.guests, regardless of whether their guests gain 6
use of the private pool through a sharing economy platform or pay a fee for 7
its use. In all cases in which a fee is exchanged for access to a private pool 8
serving a single family dwelling that is used only by the residents of the 9
dwelling and their guests, the private pool shall be maintained in good and 10
safe working order. 11
(2) A private pool serving a single family dwelling meeting the minimum 12
requirements of this subdivision which is offered to, and used by, individuals 13
on a temporary basis utilizing a sharing economy platform. For the purposes 14
of this subdivision, a sharing economy platform means an online platform 15
used to facilitate peer-to-peer transactions to acquire, provide, or share access 16
to goods and services. For the purposes of this subdivision, a pool must meet 17
all of the following minimum requirements: 18
a. Pools must have proper fencing and barriers to prevent unsupervised 19
access, especially by children. The fence should be at least 4 feet high 20
with a self-latching gate. 21
b. Pools must have clear and conspicuous signage posted around the pool 22
area specifying pool rules, depth markers, and any potential hazards. 23
c. Pools must be equipped with basic lifesaving equipment, including life 24
rings and reaching poles. 25
d. Pool decks and surrounding areas must have non-slip surfaces. 26
e. Pools must have properly fitted covers for all submerged suction 27
outlets. 28
f. Pools must be well-maintained with proper chemical balance and 29
cleanliness to ensure safe and healthy swimmi