April 27, 2010

VIA ELECTRONIC MAIL DELIVERY

Representative Scott Pelath, Chairperson

Administrative Rules Oversight Committee

Indiana Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, Indiana 46204-2789

ATTN: Sarah Burkman

RE: LSA Document #09-789 – Indiana Swimming Pool, Spa and Water Attraction Code, third edition

Dear Representative Pelath:

On behalf of the Fire Prevention and Building Safety Commission (Commission), I am submitting this notice to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-25, because the Commission has determined that the promulgation of the captioned rule may not be completed within one year after publication of the Notice of Intent to Adopt a Rule.

The Commission published its Notice of Intent to Adopt a Rule for the captioned document on September 30, 2009 (DIN: 20090930-IR-675090789NIA). This rule is the first new edition of the Indiana Swimming Pool Code in 17 years and is being adopted, in part, to bring new technologies and new water attractions within the safety rules of the Commission. In order to ensure that the fiscal impact of the new code, especially with respect to the new technologies and new water attractions, is based on accurate information, the Commission may have to take additional time for the final adoption of this rule. Thus promulgation of this rule may not be completed by September 30, 2010. The Commission expects that the rule can be approved by the Governor by March 31, 2011.

This notice setting forth the expected date of approval of LSA Document #09-789 as March 31, 2011, is being submitted in a timely manner. June 7, 2010, is the two hundred fiftieth day after publication of the Notice of Intent to Adopt a Rule.

Yours truly,

Mara J. Snyder, Director

Legal and Code Services

Indiana Department of Homeland Security