Section 68-14-403 - Inspection - Notice(a) Swimming pools owned and operated by multi-family residential housing homeowner's associations shall be subject to rules and regulations promulgated by the department of health. Such rules and regulations shall be promulgated by the department to prescribe minimal sanitation and safety standards for multi-family residential housing swimming pools.(b)(1) If an inspection of a swimming pool owned and operated by a multi- family residential housing homeowner's association results in a finding that minimum standards are not met, the homeowners' association is required to post notice within ten (10) days from the date of the inspection that the swimming pool does not comply with the minimum standards required by the department.(2) The notice shall be posted by the homeowners' association in a conspicuous manner at each place of ingress and egress. "Conspicuous manner" means at a place designated by the inspector at the time of inspection.(3) The notice shall be in the form of a sign of durable construction. The sign shall be printed in letters of at least one inch (1") in height with the exception of the word "NOTICE", which shall be printed in letters a minimum of two inches (2") in height and in a color contrasting to the background. The notice shall include, but not be limited to, the following: NOTICE!
The ____________________ swimming pool does not comply with the minimum standards required by the Tennessee Department of Health.
(4) Failure to post the notice as provided in this subsection (b) shall subject the homeowners' association to a civil penalty in an amount set by the commissioner for each day the notice is not posted.(c) No local governmental agency may prescribe or enforce standards that are more stringent than the standards promulgated by the department of health.(d) No governmental agency shall have the power or authority to require the closing of a multi-family residential housing swimming pool owned and operated by a homeowners' association for the failure to meet minimum safety and sanitation requirements.(e) If a multi-family residential housing swimming pool fails to meet state safety and sanitation standards, and the homeowners' association posts the notice required by subsection (b) and keeps such swimming pool in operation, the homeowners' association shall assume all liability for any risk to health that may occur as a result of operating the swimming pool.(f) It is the intent of the general assembly that the department promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of this section. It is further the intent of the general assembly that such rules and regulations shall not be more stringent than those safety and sanitation rules and regulations promulgated for public swimming pools in 1985.(g) This section does not apply to any swimming pool owned or operated by a homeowners' association that is constructed after June 12, 1995.Acts 1995, ch. 429, §§ 1, 3, 4.