RESOLUTION NO. RS2009-833

WHEREAS, Tennessee Code Annotated § 68-14-303 authorizes the Tennessee Department of Health to contract with county health departments for the inspection of public swimming pools; and

WHEREAS, the Metropolitan Board of Health has entered into a contract with the State of Tennessee for the inspection of public swimming pools in accordance with state law; and

WHEREAS, Tennessee Code Annotated § 68-14-403 provides that pools owned and operated by multi-family residential housing homeowners’ associations that do not meet the minimum safety and sanitation standards established by the Tennessee Department of Health are allowed to remain open provided they post a sign stating that the pool does not comply with such minimum standards; and

WHEREAS, the minimum safety and sanitation standards for swimming pools were established to protect the health and safety of the pool patrons; and

WHEREAS, it is contrary to the purpose of the regulations to allow pools owned and operated by multi-family residential housing homeowners’ associations that may have numerous health violations to open without taking corrective action; and

WHEREAS, it is fitting and proper that legislation be enacted to modify this exemption for homeowners’ association pools to require that they come into compliance within two years.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly introduce and enact the necessary legislation to modify the provisions of T.C.A. § 68-14-403 to require pools owned and operated by multi-family residential housing homeowners’ associations to come into compliance with applicable health regulations within two years.

Section 2. That the Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Vivian Wilhoite