STAND. COM. REP. NO. 3748

Honolulu, Hawaii

RE: H.B. No. 1743

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1743, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO POOLS,"

begs leave to report as follows:

The purpose and intent of this measure is to define "pool" to mean a watertight artificial structure containing a body of water that does not exchange water with any other body of water, either naturally or mechanically, used for swimming, diving, recreational bathing, or therapy by humans.

Your Committee received testimony in support of this measure from the Department of Health and one individual.

Your Committee finds that public swimming pools are currently regulated under the Hawaii Administrative Rules, which require established turnover rates and disinfectant residuals to ensure that proper filtering of the water is occurring at all times during use by the public. Your Committee further finds that man-made lagoons and pools, such as the Natatorium, cannot meet these requirements and do not meet nationally recognized definitions of a "public swimming pool". Therefore, alternative public health standards for other public recreational waters, such as beaches, should be applied to these structures instead, particularly if the owner of the structure intends to use the ocean or ocean venue for swimming. This measure clarifies the definition of "pool" so that certain structures such as man-made lagoons and pools do not fall under the regulation of "pools".

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1743, H.D. 1, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair