Purpose

• The bill authorizes private residential swimming pools to be used as part of a business for certified swimming classes, under specific safety and staffing conditions. It also updates key definitions related to swimming pools and safety standards.

Main Provisions

• Private residential pool use for certified swimming classes

  • A private residential pool may be used as part of a business if:
  • It is used by a paying guest of the homeowner.
  • The guest 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.
  • This use is allowed “notwithstanding” certain existing Minnesota Rules (specifically Minnesota Rules part 4717.0250 subpart 7).

• Definitions added (to Minnesota Statutes 2024 section 144.1222)

  • ASME ANSI standard: a safety standard accredited by the American National Standards Institute and published by the American Society of Mechanical Engineers.
  • ASTM standard: a safety standard issued by ASTM International.
  • Public pool: a pool that is open to the public or to various groups (e.g., members of an organization and their guests, residents of multifamily housing, patrons of hotels or lodgings, or other listed facilities); with exceptions for certain family day care homes.
  • Unblockable suction outlet or drain: a drain of any size/shape that a human body cannot block to create a suction entrapment hazard and that meets ASME/ANSI standards.
  • Certified swimming class: a class such as an ISR (Infant Swimming Resource) class, American Red Cross swimming class, or any other class certified by a nationally accredited organization that operates in all 50 states.
  • Certified swimming instructor: an ISR instructor, a Red Cross swimming instructor, a swim coach, or any other instructor certified by a nationally accredited organization that operates in all 50 states.

Changes to Existing Law (What the bill changes)

• Adds a new subdivision (2e) to allow private residential pools to be used for certified swimming classes as a business activity, under specified conditions.
• Adds/clarifies definitions (ASME ANSI standard, ASTM standard, public pool, unblockable suction outlet or drain, certified swimming class, certified swimming instructor) to align with safety and credentialing expectations.
• Overrides or supersedes a portion of the current Minnesota Rules to permit this fee-for-service use of private residential pools, subject to the stated limitations.

Practical Impact

• Homeowners who are certified swimming instructors can offer paid, certified swimming classes in their private homes using their own private pools, with limits on class size and staffing.
• The approach emphasizes safety standards (ASME/ANSI and ASTM) and recognized national certifying organizations for classes and instructors.
• Consumers (paying guests) may gain access to certified instruction in a private home setting, potentially increasing access to swimming lessons while maintaining defined safety and supervision limits.

Safety and Oversight Considerations

• The bill references safety standards (ASME/ANSI, ASTM) and defines unblockable suction outlets to address entrapment hazards.
• The one-on-one instruction requirement, coupled with a maximum pool occupancy, aims to maintain close supervision and reduce risk during lessons.

Relevant Terms - private residential pool - certified swimming class - certified swimming instructor - one-on-one basis - paying guest - not more than four individuals - ASME ANSI standard - ASTM standard - public pool - unblockable suction outlet or drain - ISR (Infant Swimming Resource) - American Red Cross swimming class - nationally accredited organization - Minnesota Rules part 4717.0250 subpart 7 - Minnesota Statutes 2024 section 144.1222 - safety standards - pool occupancy limits