By Marcelle Dibrell

Starting July 1, 2025, public swimming pools across Idaho will no longer be subject to state-mandated health inspections, the result of a newly passed law that removes oversight authority from the Idaho Department of Health and Welfare (IDHW).

Idaho House Bill 202, which was approved by the legislature with minimal opposition, eliminates the state’s ability to enforce health, safety, and sanitation standards for public aquatic facilities — leaving inspections up to local jurisdictions or individual pool operators.

The change was prompted by what the state Department of Health and Welfare (IDHW) characterized as “obsolete” rules, said Sen. Julie VanOrden, who co-sponsored the bill.

“ Big swimming pools in communities really are not being built that much anymore,” VanOrden said.

In testimony to lawmakers, IDHW representatives said the regulations were overly prescriptive — going as far as to specify diving board dimensions — and argued that most public pool operators already conduct their own inspections to comply with insurance requirements or local laws.

Beautiful public swimming pools such as this to rely on local jurisdictions or individual pool operators to comply with health and safety standards. See story on page 1. “These rules are overly burdensome and too prescriptive,” said Jared Larsen, a spokesperson for IDHW, in a March hearing discussing the bill.

But not everyone agrees that the rules are unnecessary, and some people have implied that lawmakers may not have even read the bill.

“I think if you ask most of the legislators, ‘Did you realize that you voted on this?’ My guess is they would probably say no. That's unfortunate, but I guess that's the way it goes,” said Russ Duke, director of Central District Health, which serves Ada, Boise, Elmore and Valley Counties.

In the Boise area alone, Duke’s agency annually inspects 36 public pools, checking water quality, chemical levels, safety equipment, and signage. He says that the statemandated inspections often uncover major health risks.

“We do find issues,” Duke said, emphasizing that internal inspections by pool operators are no guarantee of safety. “We’ve had some pretty significant outbreaks in our health district of waterborne illness.”

Without standardized inspections, he said, “It’s like allowing restaurants to inspect their own kitchens. I'm not sure they all realize the significance of how this will potentially impact public health into the future.”

CDH and other regional health districts across the state say they were blindsided by the change. Although the law was framed as a “cleanup bill” addressing outdated or duplicative rules, public pool inspections were mentioned once in the 21-page document. It passed with just one dissenting vote, from Sen. Melissa Wintrow, who said she received concerned emails from her constituents.

“Before it was presented on the Senate floor, I heard directly from a stakeholder that this bill could put public health at risk,” Wintrow said. “Therefore, I voted no.”

While proponents of the law, including co-sponsor VanOrden, framed the measure as a return to “local control,” public health officials argue that the law actually removes any enforceable standard.

The CDH said: 'The seven public health districts conducted inspections and enforced the rules under the Department of Health and Welfare’s authority. The new law removed the Director of DHW's authority to enforce the rules that were established by the Board of Health and Welfare.

Without the rules, neither CDH nor any other health district has the legal authority to conduct inspections or enforcement activities for public swimming pools.

The health districts could try to establish their own rules, but they would need to go to the legislature for approval, which does not seem likely.'

Because regional health districts conducted inspections under IDHW’s legal authority, public health officials say they can no longer require compliance or issue violations. Any future inspections would have to be voluntary — and even then, there's no clear mechanism for enforcement.

The timing of the law’s implementation, right before peak pool season, adds urgency to the concerns. The City of Boise, which operates several public pools, has said it will maintain its current safety protocols, which include daily water testing and self-inspections.

“Nothing changes,” said Doug Holloway, Boise’s Parks and Recreation director. “We already adhere to the strictest health and safety standards.”

But Holloway’s reassurance applies only to Boise. Other cities and towns — especially smaller communities with fewer resources — may not have the capacity or inclination to maintain rigorous inspection routines in the absence of state oversight.

Public health experts warn that without uniform standards, Idaho risks a patchwork system where safety depends on geography and budget.

“It’s a real possibility that some pools won’t be inspected at all,” said Duke.