Introduced Version




Citations Affected: IC 16-19-3-4; IC 16-22-8-34.

Synopsis: Regulation of condominium swimming pools. Provides an exception to state department of health rules governing swimming and wading pools for condominiums that meet certain requirements.

Effective: July 1, 2013.


    January 10, 2013, read first time and referred to Committee on Public Policy.


First Regular Session 118th General Assembly (2013)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-19-3-4; (13)IN0466.1.1. -->     SECTION 1. IC 16-19-3-4, AS AMENDED BY P.L.83-2007, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) The executive board may, by an affirmative vote of a majority of its members, adopt reasonable rules on behalf of the state department to protect or to improve the public health in Indiana.
    (b) The rules may concern but are not limited to the following:
        (1) Nuisances dangerous to public health.
        (2) The pollution of any water supply other than where jurisdiction is in the water pollution control board and department of environmental management.
        (3) The disposition of excremental and sewage matter.
        (4) The control of fly and mosquito breeding places.
        (5) The detection, reporting, prevention, and control of diseases that affect public health.
        (6) The care of maternity and infant cases and the conduct of maternity homes.
        (7) The production, distribution, and sale of human food.
        (8) Except as provided in section 4.4 of this chapter, the conduct of camps.
        (9) Standards of cleanliness of eating facilities for the public.
        (10) Standards of cleanliness of sanitary facilities offered for public use.
        (11) The handling, disposal, disinterment, and reburial of dead human bodies.
        (12) Vital statistics.
        (13) Sanitary conditions and facilities in public buildings and grounds, including plumbing, drainage, sewage disposal, water supply, lighting, heating, and ventilation, other than where jurisdiction is vested by law in the fire prevention and building safety commission or other state agency.
        (14) The design, construction, and operation of swimming and wading pools. However, the rules governing swimming and wading pools do not apply to:
             (A) a pool maintained by an individual for the sole use of the individual's household and house guests; or
            (B) an indoor pool maintained by a condominium (as defined by IC 32-25-2-7), that has fewer than one hundred (100) units, for the sole use of the condominium residents' household and residents' guests, if access to the condominium property is restricted by a gate requiring a pass code for entry and the facility containing the pool is locked.

SOURCE: IC 16-22-8-34; (13)IN0466.1.2. -->     SECTION 2. IC 16-22-8-34, AS AMENDED BY P.L.134-2008, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 34. (a) The board or corporation may do all acts necessary or reasonably incident to carrying out the purposes of this chapter, including the following:
        (1) As a municipal corporation, sue and be sued in any court with jurisdiction.
        (2) To serve as the exclusive local board of health and local department of health within the county with the powers and duties conferred by law upon local boards of health and local departments of health.
        (3) To adopt and enforce ordinances consistent with Indiana law and administrative rules for the following purposes:
            (A) To protect property owned or managed by the corporation.
            (B) To determine, prevent, and abate public health nuisances.
            (C) To establish isolation and quarantine regulations in

accordance with IC 16-41-9.
            (D) To license, regulate, and establish minimum sanitary standards for the operation of a business handling, producing, processing, preparing, manufacturing, packing, storing, selling, distributing, or transporting articles used for food, drink, confectionery, or condiment in the interest of the public health.
            (E) To control:
                (i) rodents, mosquitos, and other animals, including insects, capable of transmitting microorganisms and disease to humans and other animals; and
                (ii) the animals' breeding places.
            (F) To require persons to connect to available sewer systems and to regulate the disposal of domestic or sanitary sewage by private methods. However, the board and corporation have no jurisdiction over publicly owned or financed sewer systems or sanitation and disposal plants.
            (G) To control rabies.
            (H) For the sanitary regulation of water supplies for domestic use.
            (I) To protect, promote, or improve public health. For public health activities and to enforce public health laws, the state health data center described in IC 16-19-10 shall provide health data, medical information, and epidemiological information to the corporation.
            (J) To detect, report, prevent, and control disease affecting public health.
            (K) To investigate and diagnose health problems and health hazards.
            (L) To regulate the sanitary and structural conditions of residential and nonresidential buildings and unsafe premises.
            (M) To regulate the remediation of lead hazards.
            (N) To license and regulate the design, construction, and operation of public pools, spas, and beaches. However, a pool exempted by IC 16-19-3-4(b)(14) is not considered a public pool.
            (O) To regulate the storage, containment, handling, use, and disposal of hazardous materials.
            (P) To license and regulate tattoo and body piercing facilities.
            (Q) To regulate the storage and disposal of waste tires.
        (4) To manage the corporation's hospitals, medical facilities, and mental health facilities.

        (5) To furnish health and nursing services to elementary and secondary schools within the county.
        (6) To furnish medical care to insured and uninsured residents of the county.
        (7) To furnish dental services to the insured and uninsured residents of the county.
        (8) To establish public health programs.
        (9) To adopt an annual budget ordinance and levy taxes.
        (10) To incur indebtedness in the name of the corporation.
        (11) To organize the corporation into divisions.
        (12) To acquire and dispose of property.
        (13) To receive charitable contributions and gifts as provided in 26 U.S.C. 170.
        (14) To make charitable contributions and gifts.
        (15) To establish a charitable foundation as provided in 26 U.S.C. 501.
        (16) To receive and distribute federal, state, local, or private grants.
        (17) To receive and distribute grants from charitable foundations.
        (18) To establish corporations and enter into partnerships and joint ventures to carry out the purposes of the corporation. This subdivision does not authorize the merger of the corporation with a hospital licensed under IC 16-21.
        (19) To erect, improve, remodel, or repair corporation buildings.
        (20) To determine operating procedures.
        (21) To do the following:
            (A) Adopt a schedule of reasonable charges for nonresidents of the county for medical and mental health services.
            (B) Collect the charges from the patient, the patient's insurance company, or a government program.
            (C) Require security for the payment of the charges.
        (22) To adopt a schedule of and to collect reasonable charges for medical and mental health services.
        (23) To enforce Indiana laws, administrative rules, ordinances, and the code of the health and hospital corporation of the county.
        (24) To purchase supplies, materials, and equipment.
        (25) To employ personnel and establish personnel policies.
        (26) To employ attorneys admitted to practice law in Indiana.
        (27) To acquire, erect, equip, and operate the corporation's hospitals, medical facilities, and mental health facilities.
        (28) To dispose of surplus property in accordance with a policy by the board.
        (29) To determine the duties of officers and division directors.
        (30) To fix the compensation of the officers and division directors.
        (31) To carry out the purposes and object of the corporation.
        (32) To obtain loans for hospital expenses in amounts and upon terms agreeable to the board. The board may secure the loans by pledging accounts receivable or other security in hospital funds.
        (33) To establish fees for licenses, services, and records. The corporation may accept payment by credit card for fees. IC 5-14-3-8(d) does not apply to fees established under this subdivision for certificates of birth, death, or stillbirth registration.
        (34) To use levied taxes or other funds to make intergovernmental transfers to the state to fund governmental health care programs, including Medicaid and Medicaid supplemental programs.
    (b) The board shall exercise the board's powers and duties in a manner consistent with Indiana law, administrative rules, and the code of the health and hospital corporation of the county.