1.1    .................... moves to amend H.F. No. 3812, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 144.1222, subdivision 1a, is amended to
1.4read:
1.5    Subd. 1a. Fees. All plans and specifications for public swimming pool and spa
1.6construction, installation, or alteration or requests for a variance that are submitted to the
1.7commissioner according to Minnesota Rules, part 4717.3975, shall be accompanied by the
1.8appropriate fees. All public pool construction plans submitted for review after January 1,
1.92009, must be certified by a professional engineer registered in the state of Minnesota.
1.10If the commissioner determines, upon review of the plans, that inadequate fees were
1.11paid, the necessary additional fees shall be paid before plan approval. For purposes of
1.12determining fees, a project is defined as a proposal to construct or install a public pool,
1.13spa, special purpose pool, or wading pool and all associated water treatment equipment
1.14and drains, gutters, decks, water recreation features, spray pads, and those design and
1.15safety features that are within five feet of any pool or spa. The commissioner shall charge
1.16the following fees for plan review and inspection of public pools and spas and for requests
1.17for variance from the public pool and spa rules:
1.18    (1) each spa pool, $500 $800;
1.19    (2) projects valued at $250,000 or less, a minimum of $800 per pool plus: each
1.20spa pool, $500;
1.21    (i) (3) for each slide, an additional $400; and
1.22    (ii) for each spa pool, an additional $500;
1.23    (3) (4) projects valued at $250,000 or more, the greater of the sum of the fees in
1.24clauses (1), (2), and (3) or 0.5 percent of the documented estimated project cost to a
1.25maximum fee of $10,000;
1.26    (4) (5) alterations to an existing pool without changing the size or configuration
1.27of the pool, $400;
2.1    (5) (6) removal or replacement of pool disinfection equipment only, $75; and
2.2    (6) (7) request for variance from the public pool and spa rules, $500.

2.3    Sec. 2. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
2.4to read:
2.5    Subd. 1c. Public pool construction. For all public pools constructed after January
2.61, 2009, each pump must be connected to at least two suction outlets, connected in parallel
2.7with suction outlet covers that meet ASME/ANSI standards.

2.8    Sec. 3. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
2.9to read:
2.10    Subd. 1d. Public pools; required equipment. (a) Beginning January 1, 2010, all
2.11public pools with the deepest water being less than four feet deep must have either:
2.12    (1) an unblockable suction outlet or drain;
2.13    (2) at least two suction outlets, connected in parallel with suction outlet covers that
2.14meet ASME/ANSI standards; or
2.15    (3) a gravity outlet or drain.
2.16    (b) Beginning January 1, 2011, all other existing public pools must have either:
2.17    (1) an unblockable suction outlet or drain;
2.18    (2) at least two suction outlets, connected in parallel with suction outlet covers that
2.19meet ASME/ANSI standards; or
2.20    (3) a gravity outlet or drain.
2.21    (c) By June 1, 2008, all drain covers and grates must be installed with screws that
2.22meet the manufacturer's specifications.
2.23    (d) By July 1, 2008, and annually thereafter, all public pool owners must certify to
2.24the commissioner on a form prescribed by the commissioner that:
2.25    (1) all outlets except for unblockable drains and gravity drains are equipped with
2.26covers that have been stamped by the manufacturer that they are in compliance with
2.27ASME/ANSI standards; and
2.28    (2) all covers and grates, including mounting rings, have been inspected to ensure
2.29that they have been properly installed and are not broken or loose.

2.30    Sec. 4. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
2.31to read:
2.32    Subd. 1e. Safety inspections. (a) The pool operator is required to conduct a
2.33physical inspection of the drain covers and grates on a daily basis. The record required
3.1under Minnesota Rules, part 4717.0750, must indicate that this inspection was completed
3.2every day the pool is open for use.
3.3    (b) If at any time an outlet cover or grate is missing, broken, or loose, the pool
3.4must be closed immediately and may not be reopened until the cover or grate has been
3.5replaced and properly installed.

3.6    Sec. 5. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
3.7to read:
3.8    Subd. 4. Definitions. (a) For purposes of this section, the following terms have
3.9the meanings given them.
3.10    (b) "ASME/ANSI standard" means a safety standard accredited by the American
3.11National Standards Institute and published by the American Society of Mechanical
3.12Engineers.
3.13    (c) "ASTM standard" means a safety standard issued by ASTM International,
3.14formerly known as the American Society for Testing and Materials.
3.15    (d) "Public pool" means any pool other than a private residential pool, that is open to
3.16the public generally, whether for a fee or free of charge; open exclusively to members of
3.17an organization and their guests; residents of a multiunit apartment building, apartment
3.18complex, residential real estate development, or other multifamily residential area; or
3.19patrons of a hotel or lodging or other public accommodation facility; or operated by
3.20a person in a park, school, licensed child care facility, group home, motel, camp, resort,
3.21club, condominium, manufactured home park, or political subdivision with the exception
3.22of swimming pools at family day care homes licensed under section 245A.14, subdivision
3.2311, paragraph (a).
3.24    (e) "Unblockable suction outlet or drain" means a drain of any size and shape that a
3.25human body cannot sufficiently block to create a suction entrapment hazard and meets
3.26ASME/ANSI standards.

3.27    Sec. 6. Minnesota Statutes 2006, section 157.16, as amended by Laws 2007, chapter
3.28147, article 9, section 34, is amended to read:
3.29157.16 LICENSES REQUIRED; FEES.
3.30    Subdivision 1. License required annually. A license is required annually for
3.31every person, firm, or corporation engaged in the business of conducting a food and
3.32beverage service establishment, hotel, motel, lodging establishment, public pool, or
3.33resort. Any person wishing to operate a place of business licensed in this section shall
3.34first make application, pay the required fee specified in this section, and receive approval
4.1for operation, including plan review approval. Seasonal and temporary food stands and
4.2special event food stands are not required to submit plans. Nonprofit organizations
4.3operating a special event food stand with multiple locations at an annual one-day event
4.4shall be issued only one license. Application shall be made on forms provided by the
4.5commissioner and shall require the applicant to state the full name and address of the
4.6owner of the building, structure, or enclosure, the lessee and manager of the food and
4.7beverage service establishment, hotel, motel, lodging establishment, public pool, or resort;
4.8the name under which the business is to be conducted; and any other information as may
4.9be required by the commissioner to complete the application for license.
4.10    Subd. 2. License renewal. Initial and renewal licenses for all food and beverage
4.11service establishments, hotels, motels, lodging establishments, public pools, and resorts
4.12shall be issued for the calendar year for which application is made and shall expire
4.13on December 31 of such year. Any person who operates a place of business after the
4.14expiration date of a license or without having submitted an application and paid the fee
4.15shall be deemed to have violated the provisions of this chapter and shall be subject to
4.16enforcement action, as provided in the Health Enforcement Consolidation Act, sections
4.17144.989 to 144.993. In addition, a penalty of $50 shall be added to the total of the license
4.18fee for any food and beverage service establishment operating without a license as a
4.19mobile food unit, a seasonal temporary or seasonal permanent food stand, or a special
4.20event food stand, and a penalty of $100 shall be added to the total of the license fee for all
4.21restaurants, food carts, hotels, motels, lodging establishments, public pools, and resorts
4.22operating without a license for a period of up to 30 days. A late fee of $300 shall be added
4.23to the license fee for establishments operating more than 30 days without a license.
4.24    Subd. 2a. Food manager certification. An applicant for certification or certification
4.25renewal as a food manager must submit to the commissioner a $28 nonrefundable
4.26certification fee payable to the Department of Health.
4.27    Subd. 3. Establishment fees; definitions. (a) The following fees are required for
4.28food and beverage service establishments, hotels, motels, lodging establishments, public
4.29pools, and resorts licensed under this chapter. Food and beverage service establishments
4.30must pay the highest applicable fee under paragraph (d), clause (1), (2), (3), or (4), and
4.31establishments serving alcohol must pay the highest applicable fee under paragraph (d),
4.32clause (6) or (7). The license fee for new operators previously licensed under this chapter
4.33for the same calendar year is one-half of the appropriate annual license fee, plus any
4.34penalty that may be required. The license fee for operators opening on or after October 1
4.35is one-half of the appropriate annual license fee, plus any penalty that may be required.
5.1    (b) All food and beverage service establishments, except special event food stands,
5.2and all hotels, motels, lodging establishments, public pools, and resorts shall pay an
5.3annual base fee of $150.
5.4    (c) A special event food stand shall pay a flat fee of $40 annually. "Special event
5.5food stand" means a fee category where food is prepared or served in conjunction with
5.6celebrations, county fairs, or special events from a special event food stand as defined
5.7in section 157.15.
5.8    (d) In addition to the base fee in paragraph (b), each food and beverage service
5.9establishment, other than a special event food stand, and each hotel, motel, lodging
5.10establishment, public pool, and resort shall pay an additional annual fee for each fee
5.11category, additional food service, or required additional inspection specified in this
5.12paragraph:
5.13    (1) Limited food menu selection, $50. "Limited food menu selection" means a fee
5.14category that provides one or more of the following:
5.15    (i) prepackaged food that receives heat treatment and is served in the package;
5.16    (ii) frozen pizza that is heated and served;
5.17    (iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
5.18    (iv) soft drinks, coffee, or nonalcoholic beverages; or
5.19    (v) cleaning for eating, drinking, or cooking utensils, when the only food served
5.20is prepared off site.
5.21    (2) Small establishment, including boarding establishments, $100. "Small
5.22establishment" means a fee category that has no salad bar and meets one or more of
5.23the following:
5.24    (i) possesses food service equipment that consists of no more than a deep fat fryer, a
5.25grill, two hot holding containers, and one or more microwave ovens;
5.26    (ii) serves dipped ice cream or soft serve frozen desserts;
5.27    (iii) serves breakfast in an owner-occupied bed and breakfast establishment;
5.28    (iv) is a boarding establishment; or
5.29    (v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum
5.30patron seating capacity of not more than 50.
5.31    (3) Medium establishment, $260. "Medium establishment" means a fee category
5.32that meets one or more of the following:
5.33    (i) possesses food service equipment that includes a range, oven, steam table, salad
5.34bar, or salad preparation area;
5.35    (ii) possesses food service equipment that includes more than one deep fat fryer,
5.36one grill, or two hot holding containers; or
6.1    (iii) is an establishment where food is prepared at one location and served at one or
6.2more separate locations.
6.3    Establishments meeting criteria in clause (2), item (v), are not included in this fee
6.4category.
6.5    (4) Large establishment, $460. "Large establishment" means either:
6.6    (i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a
6.7medium establishment, (B) seats more than 175 people, and (C) offers the full menu
6.8selection an average of five or more days a week during the weeks of operation; or
6.9    (ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium
6.10establishment, and (B) prepares and serves 500 or more meals per day.
6.11    (5) Other food and beverage service, including food carts, mobile food units,
6.12seasonal temporary food stands, and seasonal permanent food stands, $50.
6.13    (6) Beer or wine table service, $50. "Beer or wine table service" means a fee
6.14category where the only alcoholic beverage service is beer or wine, served to customers
6.15seated at tables.
6.16    (7) Alcoholic beverage service, other than beer or wine table service, $135.
6.17    "Alcohol beverage service, other than beer or wine table service" means a fee
6.18category where alcoholic mixed drinks are served or where beer or wine are served from
6.19a bar.
6.20    (8) Lodging per sleeping accommodation unit, $8, including hotels, motels,
6.21lodging establishments, and resorts, up to a maximum of $800. "Lodging per sleeping
6.22accommodation unit" means a fee category including the number of guest rooms, cottages,
6.23or other rental units of a hotel, motel, lodging establishment, or resort; or the number of
6.24beds in a dormitory.
6.25    (9) First public swimming pool, $180; each additional public swimming pool, $100.
6.26"Public swimming pool" means a fee category that has the meaning given in Minnesota
6.27Rules, part 4717.0250, subpart 8 section 144.1222, subdivision 4.
6.28    (10) First spa, $110; each additional spa, $50. "Spa pool" means a fee category that
6.29has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.
6.30    (11) Private sewer or water, $50. "Individual private water" means a fee category
6.31with a water supply other than a community public water supply as defined in Minnesota
6.32Rules, chapter 4720. "Individual private sewer" means a fee category with an individual
6.33sewage treatment system which uses subsurface treatment and disposal.
6.34    (12) Additional food service, $130. "Additional food service" means a location at
6.35a food service establishment, other than the primary food preparation and service area,
6.36used to prepare or serve food to the public.
7.1    (13) Additional inspection fee, $300. "Additional inspection fee" means a fee to
7.2conduct the second inspection each year for elementary and secondary education facility
7.3school lunch programs when required by the Richard B. Russell National School Lunch
7.4Act.
7.5    (e) A fee of $350 for review of the construction plans must accompany the initial
7.6license application for restaurants, hotels, motels, lodging establishments, or resorts with
7.7five or more sleeping units.
7.8    (f) When existing food and beverage service establishments, hotels, motels, lodging
7.9establishments, or resorts are extensively remodeled, a fee of $250 must be submitted
7.10with the remodeling plans. A fee of $250 must be submitted for new construction or
7.11remodeling for a restaurant with a limited food menu selection, a seasonal permanent
7.12food stand, a mobile food unit, or a food cart, or for a hotel, motel, resort, or lodging
7.13establishment addition of less than five sleeping units.
7.14    (g) Seasonal temporary food stands and special event food stands are not required to
7.15submit construction or remodeling plans for review.
7.16    Subd. 3a. Statewide hospitality fee. Every person, firm, or corporation that
7.17operates a licensed boarding establishment, food and beverage service establishment,
7.18seasonal temporary or permanent food stand, special event food stand, mobile food unit,
7.19food cart, resort, hotel, motel, or lodging establishment in Minnesota must submit to the
7.20commissioner a $35 annual statewide hospitality fee for each licensed activity. The fee
7.21for establishments licensed by the Department of Health is required at the same time the
7.22licensure fee is due. For establishments licensed by local governments, the fee is due by
7.23July 1 of each year.
7.24    Subd. 4. Posting requirements. Every food and beverage service establishment,
7.25hotel, motel, lodging establishment, public pool, or resort must have the license posted in
7.26a conspicuous place at the establishment.

7.27    Sec. 7. REVISOR'S INSTRUCTION.
7.28    The revisor of statutes shall change the public pool definition in Minnesota Rules,
7.29part 4717.0250, subpart 8, with the following language: "public pool" means any pool,
7.30other than a residential pool, that is open to the public generally, whether for a fee or free
7.31of charge; open exclusively to members of an organization and their guests; residents of
7.32a multiunit apartment building, apartment complex, residential real estate development,
7.33or other multifamily residential area; or patrons of a hotel or lodging or other public
7.34accommodation facility; or operated by a person in a park, school, licensed child care
7.35facility, group home, motel, camp, resort, club, condominium, manufactured home park,
8.1or political subdivision with the exception of swimming pools at family day care homes
8.2licensed under Minnesota Statutes, section 245A.14, subdivision 11, paragraph (a).

8.3    Sec. 8. EFFECTIVE DATE.
8.4    Sections 1 to 5 are effective the day following final enactment."
8.5Amend the title accordingly