Local regulation of swimming pools considered

The state no longer would set minimum safety requirements for public swimming pools under a bill heard Jan. 21 by the Natural Resources Committee.

Plymouth Sen. Tom Brandt, sponsor of LB760, said the bill would transfer the authority to permit, license and inspect swimming pools, mobile home parks and recreation camps from the state Department of Water, Energy and Environment to county, city or village governments with jurisdiction over those facilities.

The bill would eliminate a requirement that the department prepare minimum sanitary and safety requirements for the operation of swimming pools and bather preparation facilities and instead authorize local governments to adopt their own requirements.

The department no longer would approve permits for the operation of a swimming pool or be required to inspect them at least once annually. It would be required to maintain a list of acceptable pool operator competency courses.

LB760 also would authorize local governments to adopt minimum health and safety requirements for recreation camps as well as minimum requirements for the establishment, operation and maintenance of mobile home parks.

Department director Jesse Bradley testified in support of the bill, saying local governments could more “efficiently and responsively” regulate the facilities. He said the department would provide inspection forms and other resources to local authorities to help ease the transition.

Jeremy Eschliman gave neutral testimony on LB760 on behalf of the Nebraska Association of Local Health Directors. He said Nebraska relies on local health departments to coordinate environmental services in communities of varying sizes across multi-county regions.

However, the bill does not authorize local health departments to carry out the specified programs and could require them to receive approval from dozens of municipalities in their region, Eschliman said.

“This creates inconsistency for regulated entities,” he said, “increasing administrative burden and ultimately [making] it harder to maintain uniform public health and safety protections.”

Also testifying in a neutral capacity was Brock Hanisch of the Nebraska Environmental Health Association. He said LB760 raises concerns by proposing to replace statewide regulations for public swimming pools and spas with a discretionary local approach.

The current swimming pool requirements, along with operator training and routine inspections, help identify and correct hazards before they result in illness or injury, Hanisch said.

“Maintaining statewide minimum standards for swimming pools and spas provides a consistent baseline of protection for all Nebraskans, supports local implementation and helps ensure the public health safeguards remain in place regardless of where a facility is located,” he said.

No one testified in opposition to the bill and the committee took no immediate action on it.