HF4712

Purpose

This bill would allow a private residential swimming pool to be used as part of a business for certified swimming classes, offered by a homeowner to paying guests, under specific conditions and safety standards.

Main Provisions

• Private residential pool use for certified swimming classes (new Subdivision 2e)
  • A private residential pool may be used as part of a business if:
  • It is used by a paying guest of the homeowner who participates in a certified swimming class conducted by the homeowner.
  • The homeowner is a certified swimming instructor.
  • The class is conducted on a one-on-one basis.
  • No more than four individuals are in the pool at the same time during the class.
• Compliance with existing and safety standards
  • The bill references safety and design standards (ASME/ANSI and ASTM) and uses terms such as “unblockable suction outlet or drain” to describe safety features.
• Definitions added or clarified (Subd. 4)
  • ASME/ANSI standard: Safety standard accredited by ANSI and published by ASME.
  • ASTM standard: Safety standard issued by ASTM International.
  • Public pool: Defines what counts as a pool open to the public (distinct from private residential pools).
  • Unblockable suction outlet or drain: A drain that a human body cannot block to create a suction hazard, and that meets ASME/ANSI standards.
  • Certified swimming class: Includes ISR classes, American Red Cross swimming classes, or any other nationally certified class operating in all 50 states.
  • Certified swimming instructor: Includes ISR instructors, Red Cross instructors, or other nationally certified instructors operating nationwide.

Significant Changes to Existing Law

• Adds a new subdivision to Minnesota Statutes 144.1222 (Subd. 2e) to formally authorize private residential pools to be used for paid, certified swimming classes under the conditions listed above.
• Establishes explicit safety and certification references (ASME/ANSI, ASTM) and defines key terms (public pool, unblockable suction, certified classes/instructors) to guide oversight and safety.
• Clarifies that the new use is allowed notwithstanding certain existing Minnesota Rules related to private pools (noting the provision is allowed “notwithstanding” those rules, within the stated conditions).

Definitions and Standards Emphasized

• Emphasis on safety standards through references to ASME/ANSI and ASTM.
• Clarifies what counts as a certified swimming class and who can qualify as a certified swimming instructor.
• Distinguishes private residential pools from public pools for the purposes of certification and use as a business activity.

Practical Implications

• Homeowners with certified qualifications could generate business by teaching certified swimming classes to guests in their private pools, with occupancy limited to four people and one-on-one instruction.
• The approach links local pool use to national safety and certification standards, aiming to ensure safe operation when private pools are used commercially.

Relevant Terms - private residential pool - certified swimming class - certified swimming instructor - paying guest - one-on-one basis - four individuals - Minnesota Rules part 4717.0250 - ASME/ANSI standard - ASTM standard - public pool - unblockable suction outlet or drain - ISR (Infant Swimming Resource) class - American Red Cross swimming class - nationally accredited organization - safety standards