AN ACT clarifying the scope of swimming pool laws by amending the exemption for PRIVATE POOLs serving single family dwellings; and making other technical changes to G.S. 130a‑280.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 130A‑280, as amended by Section 4.51 of S.L. 2024‑49, reads as rewritten:

§ 130A‑280.  Scope.Scope and definitions.

(a)        This Article Part provides for the regulation of public swimming pools in the State as they may affect the public health and safety. As used in this Article, the term public swimming pool means any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, motel, apartment, boarding house, athletic club, or other membership facility pools and spas, spas operating for display at temporary events, and artificial swimming lagoons. As used in this Article, an artificial swimming lagoon means any body of water used for recreational purposes with more than 20,000 square feet of surface area, an artificial liner, and a method of disinfectant that results in a disinfectant residual in the swimming zone that is protective of the public health. This Article Part does not apply to any of the following:

(1)        A private pool serving a single family dwelling and used only by the residents of the dwelling and their guests.guests, regardless of whether their guests gain use of the private pool through a sharing economy platform or pay a fee for its use. In all cases in which a fee is exchanged for access to a private pool serving a single family dwelling that is used only by the residents of the dwelling and their guests, the private pool shall be maintained in good and safe working order.

(2)        A private pool serving a single family dwelling meeting the minimum requirements of this subdivision which is offered to, and used by, individuals on a temporary basis utilizing a sharing economy platform. For the purposes of this subdivision, a sharing economy platform means an online platform used to facilitate peer‑to‑peer transactions to acquire, provide, or share access to goods and services. For the purposes of this subdivision, a pool must meet all of the following minimum requirements:

a.         Pools must have proper fencing and barriers to prevent unsupervised access, especially by children. The fence should be at least 4 feet high with a self‑latching gate.

b.         Pools must have clear and conspicuous signage posted around the pool area specifying pool rules, depth markers, and any potential hazards.

c.         Pools must be equipped with basic lifesaving equipment, including life rings and reaching poles.

d.         Pool decks and surrounding areas must have non‑slip surfaces.

e.         Pools must have properly fitted covers for all submerged suction outlets.

f.          Pools must be well‑maintained with proper chemical balance and cleanliness to ensure safe and healthy swimming conditions.

(3)        Therapeutic pools used in physical therapy programs operated by medical facilities licensed by the Department or operated by a licensed physical therapist, nor to therapeutic chambers drained, cleaned, and refilled after each individual use.

(b)        Definitions. – The following definitions apply in this Part:

(1)        Artificial swimming lagoon. – Any body of water used for recreational purposes with more than 20,000 square feet of surface area, an artificial liner, and a method of disinfectant that results in a disinfectant residual in the swimming zone that is protective of the public health.

(2)        Public swimming pool. – Any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, motel, apartment, boarding house, athletic club, or other membership facility pools and spas, spas operating for display at temporary events, and artificial swimming lagoons.

(3)        Sharing economy platform. – An online platform used to facilitate peer‑to‑peer transactions to acquire, provide, or share access to goods and services.

SECTION 2.  This act becomes effective July 1, 2025.