CHAPTER Env-Wq 1100
PUBLIC BATHING PLACES
Statutory Authority:
RSA 485-A:6, X; RSA 485-A:26; RSA 485-A:26-a; RSA 541-A:16, I
Revision Note #1:
Document #8468, effective 11-1-05,
readopted with amendments and renumbered former Part Env-Ws 1101 through Part Env-Ws 1105 on swimming pools, public bathing places, spas and
water slides under a new subtitle as Chapter Env-Wq 1100. Document #8468 also reserved the numbers
Env-Ws 1101 through Env-Ws 1119 in Chapter Env-Ws 1100. The redesignation from subtitle Env-Ws to
subtitle Env-Wq was done pursuant to a rules reorganization plan for Department
rules approved by the Director of the Office of Legislative Services on 9-7-05.
Document #8468 replaced
all prior filings for rules formerly in Env-Ws 1101 through Env-Ws 1105. The prior filings for rules in former Env-Ws 1101 through Env-Ws
1105 include the following documents:
#221.14, as in
effect 8-31-73
#2139, eff 9-23-82
#2872, eff 10-3-84
#5045, eff 1-16-91
#6420, INTERIM, eff 1-17-97, EXPIRED
5-17-97
#6542, eff 7-18-97
#8390, INTERIM, eff 7-18-05
Document #10577, effective
5-1-14, readopted with amendments the rules in Chapter Env-Wq 1100. These changes included
extensive renumbering of rules within Env-Wq 1100 and expansion in some cases
of rules into more than one section number.
For example, Env-Wq 1103.01 was readopted with amendments and renumbered
as Env-Wq 1111.01 through Env-Wq 1111.03 in Part Env-Wq 1111 entitled
“Waivers.” The following definitions
were also added to Part Env-Wq 1102:
Env-Wq
1102.01 “Air handling system”
Env-Wq
1102.08 “Circulation system”
Env-Wq
1102.12 “Cover/grate”
Env-Wq
1102.17 “Design flow rate”
Env-Wq
1102.24 “Flow rate”
Env-Wq
1102.08 “Gravity flow system”
Env-Wq
1102.37 “Person”
Env-Wq
1102.40 “Pool or spa”
Env-Wq
1102.51 “Suction outlet”
Env-Wq
1102.58 “Unblockable drain”
Env-Wq
1102.59 “Virginia Graeme Baker Pool and Spa Safety Act (VGBA)”
Document # 10577 replaced the prior
filing for rules in the former Chapter Env-Wq 1100 filed under Document #8468, which had been effective 11-1-05. The rules in the former Chapter Env-Wq 1100
did not expire on 11-1-13 since they were extended pursuant to RSA 541-A:14-a
until replaced by the rules in Document #10577, effective 5-1-14.
Revision Note #3:
Document #13198, effective
5-1-21, adopted or readopted with amendments all of the rules in Chapter Env-Wq
1100. These changes included extensive
renumbering of most of the existing rules within Chapter Env-Wq 1100 as
indicated in the source notes. Document
#13198 replaces the prior filing for rules in the former Chapter Env-Wq 1100 in
Document #10577, which had been effective 5-1-14.
Document #13198 readopted
with amendments Part Env-Wq 1101 through Env-Wq 1103, including the addition of
the following definitions in Part Env-Wq 1102 as amendments:
Env-Wq
1102.06 “Certified pool operator”
Env-Wq
1102.16 “Daytime telephone number”
Env-Wq
1102.23 “Electronic portal”
Env-Wq
1102.26 “Establishment”
Env-Wq
1102.37 “Operating volume”
Env-Wq
1102.44 “Pool”
Env-Wq
1102.52 “Re-entrainment”
Env-Wq
1102.58 “Steps”
Env-Wq
1102.59 “Substantial modification”
Env-Wq
1102.61 “Swimming area”
Env-Wq
1102.69 “Underwater shelf”
The former Env-Wq 1102.26
defining “Flow Meter” was also renumbered as Env-Wq 1102.28. The former Env-Wq 1102.33 defining “Operator”
was readopted with amendment and renumbered as Env-Wq 1102.45 defining “Pool
Operator.”
Document# 13198 also added
the following rules to Part Env-Wq 1103:
Env-Wq 1103.13 Transfer of PBF Ownership: Responsibilities of Prior Owner.
Env-Wq 1103.14 Transfer of PBF Ownership: Responsibilities of New Owner.
These additions
necessitated the renumbering of the former Env-Wq 1103.13 Suspension or
Revocation of Approvals. as Env-Wq 1103.15.
Document #13198 adopted
the following new Parts in Chapter Env-Wq 1100:
PART Env-Wq 1105 PBF SELF-CERTIFICATION OF COMPLIANCE
PART Env-Wq 1106 CERTIFIED POOL OPERATOR TRAINING REQUIREMENT
PART Env-Wq 1114 PBF EMERGENCY CLOSURE PROCEDURE
PART Env-Wq 1115 EQUIVALENT PROGRAMS
The adoptions necessitated
the renumbering of the former Part Env-Wq 1104 through Part Env-Wq 1110 as Part
Env-Wq 1107 through Part Env-Wq 1113 and the renumbering of the former Part
Env-Wq 1111 as Part Env-Wq 1116.
PART Env-Wq
1101 PURPOSE; APPLICABILITY
Env-Wq 1101.01 Purpose. The purpose of the rules in Env-Wq 1100 is to:
(a)
Establish
the criteria and procedures for reviewing and approving the design and installation of public bathing places;
(b)
Identify standards to protect water quality and the health and
safety of persons using public bathing places;
(c)
Ensure that public bathing places are maintained and operated safely for
patrons; and
(d)
Implement:
(1) RSA 485-A:26, II(b) relative to registration
of PBF establishments;
(2) RSA 485-A:26-a relative to PBF compliance
self-certification;
(3) RSA 485-A:27, II relative to emergency
closures;
(4) RSA 485-A:27-a relative to certified pool
operators; and
(5) RSA 485-A:26, IV relative to equivalent
municipal programs.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1101.02 Applicability; Potential Conflicts.
(a)
This chapter shall apply to all public bathing places as defined in
Env-Wq 1102.
(b)
If any requirement in Env-Wq 1100 or in any document or standard
incorporated by reference conflicts with any other applicable requirement or
local ordinance, the requirement that is most protective of public health shall
apply.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
PART Env-Wq
1102 DEFINITIONS
Env-Wq 1102.01 “Air handling system” means mechanical or
electrical equipment, or combination thereof, that controls air distribution,
air flow, relative humidity, and condensation.
Source. (See Revision
Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14; ss by #13198,
eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1102.02 “Automated chemical controller” means
electrical equipment that senses water variables, primarily sanitizer
concentrations and pH, and controls feed systems to maintain variables within
desired limits.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100) ; ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1102.03
“Bather” means any individual entering the water at a public bathing
place.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100) ; ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1102.04 “Bromine” means the element having atomic
number 35, which is a dark, heavy, reddish-brown liquid in its natural state,
that is sometimes used in bathing facility water sanitation.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1102.05 “Cartridge filter” means a filter that uses a
fabric-like cartridge as a filtering medium.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1102.06 “Certified pool operator” means a pool
operator who meets the qualifications established in RSA 485-A:27-a, I,
reprinted in Appendix E.
Source. #13198, eff 5-1-21 (see Revision Note #3 at chapter
heading for Env-Wq 1100)
Env-Wq 1102.07 “Chlorine” means the element having atomic
number 17, which is a heavy, green, highly poisonous gas in its natural state,
that when compressed into a liquid form can be used to sanitize bathing
facility water.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.06) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Env-Wq 1102.08 “Chlorine demand” means the amount of chlorine
needed to oxidize organic matter present in bathing facility water, such as
combined chlorine, susceptible bacteria, and algae.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.07) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Env-Wq 1102.09
“Circulation system” means the totality of the mechanical components
including, but not limited to, pumps, hair and lint strainers, filters, valves,
gauges, meters, heaters, surface skimmers, inlet/outlet fittings, and chemical
feeding devices, that are a part of a system connected to a pool or spa which,
when connected to each other by piping, perform as a coordinated system for
purposes of maintaining pool or spa water in a clear and sanitary condition.
Source. (See Revision Note #2 at chapter heading for
Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.08) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq 1102.10 “Combined chlorine” means compounds formed
when free chlorine combines with nitrogen or ammonia from substances introduced
into chlorinated water, including but not limited to urine, suntan oils, hair
spray,
and perspiration.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.09) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.10) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.11) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Source. (See Revision Note #2 at chapter heading for
Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.12) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.13) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100);
ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.14) (see Revision Note #3 at
chapter heading for Env-Wq 1100)
Source. #13198, eff 5-1-22 (see Revision Note #3 at
chapter heading for Env-Wq 1100)
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.15) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Env-Wq 1102.18 “Department” means the New Hampshire
department of environmental services.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.16) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Env-Wq 1102.19 “Design flow rate” means the rate of flow
used for design calculations in a system.
Source. (See Revision Note #2 at chapter heading for
Env-Wq 1100) #10577, eff 5-1-14; ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.17) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Env-Wq 1102.20 “Designated beach” means a
public bathing place that comprises an area on the shore of a surface water,
the adjacent surface water, and associated buildings and equipment, intended or
used for bathing, swimming, or other primary water contact purposes. The term includes, but is not limited to,
beaches or other swimming areas at hotels, motels, health facilities, water
parks, condominium complexes, apartment complexes, youth recreation camps,
public parks, and recreational campgrounds or camping parks as defined in RSA
216-I:1, VII. The term does not
include any area on a water body that serves 3 or fewer living units and that
is used only by the residents of the living units and their guests.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.18) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.19) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.20) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Source. #13198, eff 5-1-21 (see Revision Note #3 at chapter
heading for Env-Wq 1100)
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.21) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.22) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Source. #13198, eff 5-1-21 (see Revision Note #3 at chapter
heading for Env-Wq 1100)
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss
by #13198, eff 5-1-21 (formerly Env-Wq 1102.23) (see Revision Note #3 at
chapter heading for Env-Wq 1100)
Env-Wq
1102.28 “Flow meter” means a device that
measures the rate of flow of water through piping.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.26) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq
1102.29 “Flow rate” means the quantity
of water flowing through a pipe in a specified time, such as the number of
gallons flowing past a point in one minute.
Source. (See Revision Note #2 at chapter heading for
Env-Wq 1100) #10577, eff 5-1-14); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.24) (see Revision Note #3 at chapter heading
for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.24) (see
Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1102.30 “Flow-through
bathing place” means a public bathing place that has been formed by damming all
or portions of a surface water, in which circulation depends on the flow of
water, whether pumped or gravity-fed.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.25) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Env-Wq 1102.31 “Free available
chlorine” means that portion of the total chlorine remaining in chlorinated
water that is not bound in combined chlorine and so is available as a sanitizer.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.27) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Env-Wq 1102.32 “Gravity flow system” means “gravity flow
system” as described in ANSI/APSP/ICC-7, 2013, reprinted in Appendix D.
Source. (See Revision Note #2 at chapter heading for
Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.28) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq 1102.33 “Heterotrophic plate count (HPC)”
means a laboratory test for culturing and quantifying live bacteria, which are
primary indicators of disinfection efficiency.
Indicators of health risk include normal skin flora such as Streptococcus,
Staphylococcus, and Pseudomonas that are likely to be shed in
oils, saliva,
and mucus discharges.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (from Env-Wq 1102.23);
ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.29) (see Revision Note #3 at
chapter heading for Env-Wq 1100)
Env-Wq 1102.34 “Hose bib” means a valve with a threaded
connection that is used as a hose connection.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (formerly Env-Wq 1102.30) (see Revision Note #3 at chapter heading
for Env-Wq 1100)
Env-Wq 1102.35 “Hypochlorite” means a family of chemical compounds
such as calcium hypochlorite, lithium hypochlorite, and sodium hypochlorite, used as a
chlorine carrier in public bathing facility water.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.31) (see Revision Note
#3 at chapter heading for Env-Wq 1100)
Env-Wq 1102.36 “Lifeguard” means an individual trained and
certified in water rescue and lifesaving who is responsible for supervision and
lifesaving at a public bathing place.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.32) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Source. #13198, eff 5-1-21 (see Revision
Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1102.38 “Owner” means the person who is legally
responsible for ensuring compliance with applicable requirements.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.34) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq 1102.39 “Oxidation reduction potential
(ORP)” means a measure of the ability of chemicals in the water to oxidize, or
reduce, ions, generally measured in millivolts (mV).
Source. (See Revision Note
#1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.35) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq 1102.40 “Patron” means any individual
using a public bathing place, regardless of whether the individual enters the
water.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.36) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq
1102.41 “Person” means “person” as
defined in RSA 485-A:2, IX as reprinted in Appendix C.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.37) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq 1102.42 “pH” means the expression of the intensity of
the acid or alkaline condition of a solution, such as water, as indicated by
the hydrogen ion concentration and expressed as a number on the scale of 0 to
14, with 0
being most acidic, 7 being neutral, and 14 being most basic.
Source. (See Revision
Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.38) (see Revision Note #3 at chapter heading for Env-Wq
1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.38) (see Revision Note #3
at chapter heading for Env-Wq 1100)
Env-Wq 1102.43 “Phenol red” means a pH indicator used in
water analysis in the range between 6.8 and 8.4, wherein the color changes from
yellow to red to purple as pH increases.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.39) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq 1102.44 “Pool” means “pool” as defined in RSA
485-A:26, I(a), reprinted in Appendix C.
Source. #13198, eff 5-1-21 (formerly
(see Revision Note #3 at chapter heading for Env-Wq 1100
Env-Wq 1102.45 “Pool operator” means the individual who has
responsibility for the daily operation of a public bathing facility and who is
trained in the sanitation, safety, and proper maintenance of the public bathing
facility and all physical and mechanical equipment associated therewith.
Source. #13198, eff 5-1-21 (see
Revision Note #3 at chapter heading for Env-Wq 1100
Env-Wq 1102.46 “Pool or spa” means a water-containing
structure at an establishment.
Source. (See Revision
Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.40) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq 1102.47 “Pressure-type sand filter” means a filter
that uses sand or sand and gravel as the filtering medium, through which pool
water is pumped under pressure.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2
at chapter heading for Env-Wq 1100) ; ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.41) (see Revision
Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1102.48
“Primary water contact” means full body contact with water, with or
without incidental ingestion of water.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100) ; ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.42) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq 1102.49 “Pseudomonas
aeruginosa” means a gram-negative rod-shaped bacteria that commonly
causes illnesses or infections such as dermatitis or folliculitis and otitis
externa, or “swimmer’s ear.”
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss
by #13198, eff 5-1-21 (formerly Env-Wq 1102.43) (see Revision Note #3 at
chapter heading for Env-Wq 1100)
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.44) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly
Env-Wq 1102.44) (see Revision Note #3 at chapter heading for Env-Wq 1100)
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1102.53
“Safety vacuum release system (SVRS)” means a system or device capable of
providing vacuum release at a suction outlet caused by a high vacuum occurrence
due to suction outlet flow blockage.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.46) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.47) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.48) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Source. (See Revision Note
#1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.49) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.50) (see Revision Note #3 at
chapter heading for Env-Wq 1100)
Source. #13198, eff 5-1-21 (see Revision
Note #3 at chapter heading for Env-Wq 1100)
Source. #13198, eff 5-1-21 (see Revision
Note #3 at chapter heading for Env-Wq 1100)
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.51) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq
1102.61 “Swimming area” means:
(a) For a pool, the area inside the perimeter of
a swimming pool that contains the operating volume; or
(b) For a designated beach or flow-through
bathing place, the area delineated by ropes or other means as being available
for swimming, wading, and other water contact activities.
Source. #13198, eff 5-1-21 (see Revision
Note #3 at chapter heading for Env-Wq 1100)
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.52) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.53) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq 1102.64 “Total chlorine” means the sum of free
available chlorine and combined chlorine.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.54) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Source. (See Revision
Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.55) (see Revision Note #3 at chapter heading for Env-Wq
1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.55) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Source. (See Revision
Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.56) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.57) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq 1102.68
“Unblockable drain” means “unblockable drain” as defined in the
Virginia Graeme Baker Pool and Spa Safety Act, reprinted in Appendix D.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.58) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq 1102.69 “Underwater shelf” means a flat, shallow area
of a pool that adjoins the pool wall below the surface of the water, typically
used for lounging, sitting, and playing in shallow water. The term includes “swim-out”, “sun shelf”,
“Baja shelf”, “tanning ledge”, and “tanning shelf”.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1102.70 “Virginia Graeme Baker
Pool and Spa Safety Act (VGBA)” means Title XVI of the Energy Independence and
Security Act of 2007, Public Law 110-140., 15 U.S.C. § 8003.
Source. (See Revision
Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.59) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq 1102.71 “Wading pool” means a water-containing
structure that has a maximum depth of 2 feet.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.60) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq 1102.72 “Weir” means a flap within a skimmer that
adjusts automatically to small changes in water level and assures a continuous
water flow to the skimmer.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21
(formerly Env-Wq 1102.61) (see Revision Note #3 at chapter heading for Env-Wq
1100)
Env-Wq 1103.01 Approval of Public Bathing
Places Required.
(a) As specified in RSA 485-A:26, II(a), no
person shall construct or install, operate, or maintain an artificial swimming
pool or bathing place open to and used by the public, or as a part of a
business venture, or a public bathing facility unless the construction, design, and
physical specifications of such pool or bathing place have received prior
approval from
the department.
(b) Designated beaches in operation as of August
1, 2005 shall be deemed to have received prior approval from the department.
(c) Subject to (d), below, the owner of a public
bathing facility (PBF) that has been closed for 12 months or longer shall apply
for approval in accordance with this part prior to reopening the PBF for public
use.
(d) If a publicly-owned year-round pool was
closed, or if a publicly-owned seasonal pool was not opened, due to a public
health emergency, then in lieu of the application required by (c), above, the
public entity that owns the pool shall submit:
(1) A
registration in accordance with Env-Wq 1104 if one has not already been
submitted; or
(2) If a
registration has already been submitted, a notice of intent to re-open in
accordance with (e)-(f), below.
(e) A notice of intent to re-open submitted
pursuant to (d)(2), above, shall include:
(1) The name of
the public entity that owns the pool;
(2) The
location of the pool by street address and municipality;
(3) The name,
title, daytime telephone number, and email address of a contact for purposes of
the notification;
(4) The date
the pool was last closed; and
(5) The date
the pool is expected to re-open.
(f) The notice of intent to re-open shall be
submitted to the department:
(1) By sending
it electronically to pools@des.nh.gov; or
(2) By sending
or delivering it to:
DES
Water Division
29
Hazen Drive
P.O.
Box 95
Concord, NH
03302-0095
Attn:
PBF Program Manager
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1103.02 Application for Approval of Public Bathing
Places.
(a)
Any person
wishing to obtain approval for a public bathing facility (PBF) shall submit to
the department:
(1) A
“PBF Permit Application”, NHDES-W-07-056, dated February 2021, on the form
available via the department’s website at www.des.nh.gov,
that contains or is supplemented by the information specified in Env-Wq 1103.03 through
Env-Wq 1103.05 and is signed as specified in (e) and (f), below;
(2) Plans and
specifications as
specified in Env-Wq 1103.06; and
(3) The
fee required by RSA 485-A:26, II(a).
(b) The
applicant shall submit the materials required by (a), above, to the department using
an electronic portal, which when available will be accessible via www.des.nh.gov,
or at the following address:
DES Water Division
29 Hazen Drive
P.O. Box 95
Concord, NH
03302-0095
Attn: PBF Program Manager
(c)
Any
person wishing to obtain approval for a designated beach or a flow-through
bathing place shall submit to the department:
(1) An application, on a “Public Beach
Application”, NHDES-W-07-043, dated January 2021, or “Flow-Through Bathing Place Application”, NHDES-W-07-044,
dated January 2021, as applicable, obtained from the department’s website at www.des.nh.gov,
that contains the information specified in Env-Wq 1103.07 and is
signed as specified in (e) and (f), below;
(2) The
information specified in Env-Wq 1103.09; and
(3)
Specifications and dimensions as specified in Env-Wq 1103.08, on the
plans specified in Env-Wq 1103.10.
(d) The
applicant shall submit the materials required by (c), above, to the department
using an electronic portal, which when available will be accessible via www.des.nh.gov,
or at the following address:
DES Water Division
29 Hazen Drive
P.O. Box 95
Concord,
NH 03302-0095
Attn: Public Beach Program
(e)
The applicant and the owner, if other than the applicant, shall sign and
date the application form.
(f)
The signature(s) shall constitute certification that:
(1) The information provided is true, complete,
and not misleading to the knowledge and belief of the signer; and
(2) The signer understands that:
a. The
submission of false, incomplete, or misleading information is grounds for
denying the application or revoking any permit that is issued based
on the information; and
b. That he or she is subject to the penalties
established in New Hampshire law for making unsworn false statements.
Source. (See Revision Note
#1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at
chapter heading for Env-Wq 1100)
Env-Wq 1103.03 PBF Application: Site and Contact Information. The applicant shall provide the following
information:
(a) The name
of the
establishment at which the PBF will be located;
(b) The street
address, municipality,
and zip code where the PBF will be located and the establishment’s daytime telephone
number;
(c)
The name, company, daytime telephone number, and email address of the
primary contact for purposes of inspections, billing, and enforcement;
(d) The name,
company, mailing
address, email address, and daytime telephone number of:
(1) The owner of the PBF;
(2) The PBF designer;
(3) The PBF installer, if known at the time the
application is submitted; and
(4) The
general contractor, if applicable and known at the time the application is
submitted;
(e)
The name, company, NH license number, license expiration date, email
address, and daytime telephone number of the professional engineer responsible
for the plans;
(f) The type
of PBF for
which approval is being requested, and if the PBF is a special recreation pool,
the type of special recreation pool;
(g)
Whether the PBF will be used seasonally or year-round; and
(h) Whether
the PBF will
be an indoor or outdoor facility, or both.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at
chapter heading for Env-Wq 1100)
Env-Wq 1103.04 PBF Application:
Specifications. The applicant shall
provide the following information regarding the pool or spa specifications:
(a)
The
operating volume of the pool or spa, in gallons;
(b) Materials of
construction;
(c) The
shape of the pool or spa and measurements, in feet and inches, of the following
pool or spa dimensions:
(1) The depth from operational water level at the
shallow end;
(2) The depth from operational water level at the
break in depth between the shallow and deep portions of a swimming pool;
(3) The depth from operational water level at the
wall of the deep end or 12 inches out from that wall, whichever is deeper;
(4) The maximum depth from operational water
level at the deep end;
(5) The depth of any underwater shelves in a pool
or the seat or bench in a spa;
(6) The perimeter, length, and width of the pool
or spa; and
(7) For a pool, the distance from the edge of
each slide to the side walls;
(d)
The surface area of the pool or spa, in square feet;
(e) The slope, in feet per feet, of:
(1) The bottom of the shallow end;
(2) The transition between the shallow and deep
end; and
(3) The bottom of the deep end;
(f)
Details of the deck area showing compliance with Env-Wq 1108.08(b);
(g)
Information on the system’s hydraulics, as follows:
(1) The designed flow rate of the circulation
system in gallons per minute, which for multiple filtration systems shall
represent the combined flow;
(2) A calculation of the
designed turnover
time, in hours, based on the operating volume of the pool or spa and the
designed flow rate;
(3) Calculation of total dynamic
head;
(4) The
type, number, and location of water inlets;
(5) Whether skimmers will be used,
and if so, the number of skimmers, with the location of skimmers shown
on the plans submitted pursuant to Env-Wq 1103.06(c); and
(6) Whether there is a perimeter overflow system,
also known as a gutter; and
(7) Whether a surge tank, balance tank, or
collection tank is used, and if so the total capacity and operating volume of
the tank in gallons;
(h) Information on submerged suction outlets,
other outlets, and outlet covers, as follows:
(1) The
number and location of submerged suction outlets, whether they are direct
suction or indirect suction, sometimes called gravity, and the manufacturer and
model of the outlets;
(2) The
dimensions of each outlet, including open surface area of the cover in square
inches;
(3)
Maximum outlet cover rating, stated in gallons per minute, of wall
outlets and of floor outlets;
(4) The
calculated velocity, stated in feet per second, of water passing through each
outlet cover;
(5) The diameter, in inches, and
schedule of all suction outlet piping, including branch outlet piping
connecting sumps, with the piping shown on the plans submitted pursuant to
Env-Wq 1103.06(c); and
(6) Whether there is a dedicated vacuum line;
(i)
Information on flow measurement, as follows:
(1) The flow meter manufacturer and model;
(2) The range of the flow meter; and
(3) Confirmation that vacuum and PSI gauges will
be installed at the circulation pump;
(j)
Information on pumps, including the number and type of pumps for
filters, boosters, features, and any others, and for each:
(1) The
manufacturer and model of the pump;
(2) The
horsepower of the pump;
(3) The
maximum pump circulation rate, in gallons per minute; and
(4) The
number of suction outlets for each pump;
(k)
Information on the filter system, including:
(1) The
type and quantity of filter(s);
(2) The
manufacturer and model of the filter;
(3) The
total filter area, in square feet; and
(4) The
filtration rate, in gallons per minute per square foot of filter area;
(l) Information on the disinfection system that will
be used, including:
(1) The
type of primary disinfection system, the type of product, and the method of
delivery;
(2) The
manufacturer and model of the disinfection unit and manufacturer’s specifications
on the disinfection unit submitted with the plans submitted pursuant to Env-Wq
1103.06(c);
(3) The
capacity of the disinfection unit, in pounds per day;
(4) For a salt disinfection unit, the number of
cells, with the piping configuration if more than one being shown on the plans
submitted pursuant to Env-Wq 1103.06(c);
(5) Whether the unit has an automated controller,
and if so the manufacturer and model of the controller; and
(6) Whether the disinfection system is
interlocked with the pump as required by Env-Wq 1109.08;
(m)
Whether there is any supplemental water treatment system and if so, the
type of system and manufacturer and model of the system;
(n) The type(s) of entrapment avoidance methods
used, with the manufacturer and model of each device and specifications for
each method submitted with the plans submitted pursuant to Env-Wq 1103.06(c);
and
(o)
Documentation that all components meet the requirements of Env-Wq
1108.22(a)(1), submitted with the plans provided pursuant to Env-Wq 1103.06.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1103.05 PBF Application:
Other Required Information. The
applicant also shall provide the following information regarding pool or spa
operations and safety:
(a)
Information on emergency equipment, including whether there are or will
be:
(1) For pools:
a. A 12-foot
pole with body hook as required by Env-Wq 1107.06(a)(1);
b. A type IV
rescue flotation device as required by Env-Wq 1107.06(a)(2); and
c. Whether
there is or will be a rope with floats at the break point in a pool as required
by Env-Wq 1108.18(f), if applicable;
(2) A first aid
kit as required by Env-Wq 1107.06(a)(3);
(3) Depth
markers on the deck and vertical walls as required by Env-Wq 1108.18; and
(4) For spas, a
functioning clock that is visible to each spa;
(b)
Information on signage, including:
(1)
Whether there are or will be “No Lifeguard” signs at all points of
access as required by Env-Wq 1107.02(c), if there will be no lifeguard or other
individual to enforce safety standards;
(2)
Whether patron safety rules are or will be posted as required by Env-Wq
1107.04(a)(2) or Env-Wq 1107.04(e)(2), as applicable;
(3)
Whether there is a phone or a sign identifying the nearest location of a
phone as required by Env-Wq 1107.04;
(c) For
outdoor PBFs, confirmation that the security fencing and self-closing,
self-latching gates meet the requirements specified in Env-Wq 1108.08(a);
(d) The anticipated maximum bather load;
(e)
Information on the availability of toilet and shower facilities as specified in
Env-Wq
1108.04 and Env-Wq 1108.01, respectively;
(f)
Information on the water source for the PBF, including:
(1) The
source of
water,
and whether it is a public water supply, a private groundwater supply, or
surface water;
(2) If the source
water is a
public water
supply, the
name and municipality of the water supply; and
(3) Whether water
service to the PBF meets the requirements of Env-Wq 1108.10;
(g)
Whether sewage and other wastewater, exclusive of filter backwash and
pool drainage, will be discharged into a public sewer or a subsurface disposal
system approved under RSA 485-A:29-44 and Env-Wq 1000;
(h)
Whether the filter will be backwashed;
(i)
Confirmation that the discharge or disposal of filter backwash and pool
drainage meets the requirements of Env-Wq 1109.07(g); and
(j) Information on the air-handling system to
show compliance with Env-Wq 1108.21.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1103.06 PBF Application:
Required Plans and Specifications.
The plans and specifications required by Env-Wq 1103.02(a)(2)
shall:
(a) Be prepared or reviewed by a professional
engineer licensed in the state of New Hampshire pursuant to RSA 310-A to
confirm compliance with the design requirements of Env-Wq 1100;
(b) Be stamped by the engineer who prepared or
reviewed them, which stamp shall serve to certify that the pool shown on the
plans complies with the design requirements of Env-Wq 1100; and
(c) Include:
(1) A plan to
scale of the layout of buildings, pool(s), spa(s), deck area, rest rooms,
showers, equipment room, and location of backflow prevention and water
supply;
(2) A plan to scale
of the pool or spa showing all dimensions, ladders, slides, stairs, underwater
shelves, benches, lights, and shut-off switches;
(3) A
longitudinal section to scale of the entire pool or spa and a cross-section to
scale of the deep end showing dimensions, depths, and slopes;
(4) A detailed
schematic of the entire PBF piping system, with all pipe diameters shown and
all piping labeled and marked to indicate the direction of water flow.
including:
a. The size,
location, and material of piping;
b.
Configuration of wall and floor inlets, skimmers, and perimeter
overflows;
c. Submerged
suction outlets;
d. Surge,
balance, or collection tanks;
e. Vacuum
lines;
f. Hydrotherapy
jets;
g. Fill spout;
h. Deck drains;
and
e. Wastewater
disposal;
(5) A detailed
layout or schematic of the equipment room showing the location, size, material,
and configuration of all exposed piping, all pumps, all filter and disinfection
system components, heaters, valves, manifolds, gauges, meters, anti-entrapment
devices, and all other appurtenances as applicable, with all components
labeled, pipe diameters noted, and all piping labeled and marked to indicate
direction of water flow.
(6) Cut sheets for
all equipment showing that all components are certified to NSF/ANSI 50
requirements as required by Env-Wq 1108.22(a)(1);
(7)
Specifications of the pump, including a pump performance curve showing
gallons per minute versus total dynamic head to show that the maximum flow rate
of the pump allowing for total dynamic head does not exceed the rating of the
main drain cover/grate;
(8)
Specifications of the filtration components, disinfection components
including automated controllers, and anti-entrapment system components; and
(9)
Documentation showing that the discharge site for any outdoor shower or
filter backwash discharge is approved by the department as required by Env-Wq
1109.07(g).
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(a)
The name of the waterbody where the beach or flow-through bathing place will be
located;
(b)
The street address and latitude/longitude of the proposed beach or flow-through
bathing place;
(c)
The municipality where the beach or flow-through bathing place will be
located; and
(d)
The name,
mailing address, and daytime telephone number of:
(1) The owner of the beach or flow-through bathing place; and
(2) The contractor, if known at the time the
application is filed.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1103.08 Specifications and
Dimensions for Designated Beaches or Flow-through Bathing Places. The specifications required by Env-Wq
1103.02(c)(3) shall be as follows:
(a) Measurements of:
(1)
Shore frontage of beach or access to flow-through bathing place, in
feet;
(2)
Width of beach or access to flow-through bathing place, in feet; and
(3) The
surface area of the beach or access to flow-through bathing place, in square
feet;
(b) The maximum water depth, in feet, at the edge
of the swimming area or at the float line;
(c) The surface area of the swimming area, in
square feet;
(d) The maximum expected bather load and whether the
beach or flow-through bathing place will have one or more lifeguards; and
(e) Information on how construction of the beach
or access to flow-through bathing place will comply with RSA 482-A, Dredge and
Fill in Wetlands, and RSA 483-B, the Shoreland Water Qualify Protection Act.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(a) The location of the nearest toilet
facilities per
Env-Wq
1108.04, if any;
(b)
Information
on the water quality for the swimming area, including a copy of a recent
bacterial analysis and the location of any water inlets, point discharges, and
non-point sources of pollution; and
(c) Information on the height, location, and
material of the security fencing, if any.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1103.10 Plans Required for
Designated Beach or Flow-through Bathing Place Application. The plans required by Env-Wq 1103.02(c)(3)
shall be as follows:
(a) A simple
layout to scale or with dimensions shown of the buildings, beach area, toilets,
if any, and location of the potable water supply, if any; and
(b) A
plan drawn to scale showing the swimming area dimensions including depth.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1103.11 Review of
Applications.
(a) Upon receiving a complete application package as
specified in Env-Wq 1103.02, the department shall review the application.
(b)
The department
shall approve the proposed public bathing place if the department determines
that the proposed public bathing place has been designed so as to comply
with the applicable design standards of this chapter.
(c)
The department shall inform the applicant of its decision in
writing. If the application is denied,
the decision shall state the reason(s) for the denial.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1103.12 Pre-operational Inspection
Required for Public Bathing Facilities.
(a) The owner of a
public bathing facility (PBF) shall not open the PBF for public use prior to
the PBF being inspected by the department to determine compliance with this
chapter if it is:
(1) A
newly-constructed PBF; or
(2) An existing
PBF that has been closed for 12 months or longer.
(b) The PBF owner shall contact the department to
schedule the inspection required by (a), above.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1103.13 Transfer
of PBF Ownership: Responsibilities of Prior Owner.
(a) If ownership of a PBF is transferred, the
owner of the PBF prior to the transfer, hereinafter the “prior owner”, shall
submit the notification required by (b), below, in writing to the department
within 10 working days prior to the anticipated date of transfer.
(b) The notice required by (a), above, shall
include the following information:
(1) The full
legal name and mailing address of the prior owner;
(2) The name,
title, daytime telephone number, and email address, if any, of an individual
who has been authorized by the prior owner to file the notice and otherwise
communicate with the department regarding the notice and the PBF;
(3) The
number and date of the approval issued by the department for the plans and
specifications for the PBF, if the PBF was approved pursuant to RSA 485-A:26 or
predecessor authority;
(4) If plans
and specifications for the PBF were not approved pursuant to RSA 485-A:26 or
predecessor authority, the month and year the PBF was constructed;
(5) The
location of the PBF, including the name of the establishment at which the PBF
is located and the street address, including municipality;
(6) The name
and mailing address of the person to whom ownership is being transferred; and
(7) The
anticipated date of transfer.
(c) The notice required by (a), above, shall be
signed and dated as follows:
(1) If the
prior owner is an individual, the individual shall sign and date the notice;
and
(2) If the prior owner is other than an
individual, the owner shall authorize an official of the owner to sign the
notice, and the authorized individual shall sign and date the notice and print
or type his or her name and title.
(d) The signature provided pursuant to (c),
above, shall constitute certification that:
(1) The
information provided in the notice is true, complete, and not misleading to the
knowledge and belief of the signer; and
(2) The
signer understands that he or she is subject to the penalties specified in
New Hampshire law for falsification in official matters.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1103.14 Transfer
of PBF Ownership: Responsibilities of New Owner.
(a) If ownership of a
PBF is transferred, the owner of the PBF subsequent to the transfer,
hereinafter the “new owner”, shall submit the information required by (b),
below, in writing to the department within 10 working days after the transfer.
(b) The notice required by (a), above, shall
include the following information:
(1) The full
legal name and mailing address of the new owner;
(2) The name, title, daytime telephone number,
and email address, if any, of an individual who has been authorized by the new
owner to file the notice and otherwise communicate with the department
regarding the notice and the PBF;
(3) The
location of the PBF, including the name of the establishment at which the PBF
is located and the street address, including municipality;
(4) The
business identification number assigned to the new owner by the New Hampshire
secretary of state; and
(5) The date
ownership was transferred to the new owner.
(c) The notice required by (a), above, shall be signed
and dated as follows:
(1) If the
new owner is an individual, the individual shall sign and date the notice; and
(2) If the new owner is other than an individual,
the owner shall authorize an official of the owner to sign the notice, and the
authorized individual shall sign and date the notice and print or type his or
her name and title.
(d) The signature provided pursuant to (c),
above, shall constitute certification that:
(1) The information provided in the notice is
true, complete, and not misleading to the knowledge and belief of the signer;
(2) The signer understands that he or
she is subject to the penalties specified in New Hampshire law for
falsification in official matters; and
(3) The new owner:
a. Has obtained and reviewed a copy of Env-Wq
1100; and
b. Agrees to comply with all applicable
requirements.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1103.15 Suspension
or Revocation of Approvals.
(a) Upon finding that information submitted as
part of an application for which an approval has been issued is incorrect,
misleading, incomplete, or otherwise deficient, the department shall proceed in accordance
with this section.
(b) The department shall initiate an action to
suspend or revoke the approval pursuant to RSA 541-A:30, II, RSA 541-A:31, and
the provisions of Env-C 200 applicable to adjudicative proceedings.
(c) The notice issued to initiate the action
shall inform the owner:
(1) That the department is
proposing to suspend or revoke the approval;
(2) Of the grounds on which the
department’s proposed action is based; and
(3) Of the deadline for
requesting a hearing at which the owner may show cause why the approval should
not be suspended or revoked.
(d) The department shall suspend the approval if
the department
determines, as a result of the proceeding initiated under (b), above, that:
(1) The deficient information was
submitted inadvertently or negligently; and
(2) The approval would have been
issued if correct, complete, and not misleading information had been submitted
originally.
(e) If the department suspends the approval, the
decision issued pursuant to (h), below, shall:
(1) Specify a reasonable time in
which the owner can correct the deficiencies that formed the basis for the
suspension; and
(2) Notify the owner that if the
deficiencies are not corrected within the time specified, the approval shall be
revoked.
(f) A decision to suspend an approval pending receipt of
adequate and correct information
shall not be considered a final decision from which an appeal may be
taken.
(g) The department shall revoke the approval if
the department
determines, as a result of the proceeding initiated under (b), above, that:
(1) The permit holder submitted
deficient information with the intent to mislead or to avoid one or more
requirements of the statute or rules; or
(2) The approval would not have
been issued if correct, complete, and not misleading information had been
submitted originally.
(h) The department shall issue a
written decision to the owner. If the
approval is suspended or revoked, the decision shall specify the reason(s) for
the decision.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1104.01 PBF Registration and Notification of
Closure Required.
(a)
As specified in RSA 485-A:26, II(b), effective January 1, 2020 no person
shall operate or maintain a PBF unless the facility is registered with the
department.
(b) As provided in RSA 485-A:26, II(d):
(1) The registration shall be valid for the life
of the facility; and
(2) The owner of a PBF that has closed shall
notify the department of the closure in writing within 30 days of the closure.
(c) After closure, the registration shall no
longer be valid.
(d) If the PBF owner wishes to re-open a PBF that
has closed, the owner shall submit a new registration prior to re-opening the
PBF.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1104.02 Process for Public Bathing
Facility Registration.
(a)
To register a PBF, the owner or the owner’s duly-authorized agent shall
submit to the department a completed “PBF Registration Form”, NHDES-W-07-088,
February 2021, available via the department’s website at www.des.nh.gov, that:
(1) Contains the information specified in Env-Wq
1104.03;
(2) Is complete, correct, and not misleading; and
(3) Is signed as specified in (c) and (d), below.
(b) The registrant shall submit the registration
to the department via an electronic portal, which when available will be
accessible via www.des.nh.gov, or at the following
address:
DES
Water Division
29
Hazen Drive
P.O.
Box 95
Concord,
NH 03302-0095
Attn:
PBF Program Manager
(c)
The registrant and the owner, if other than the registrant, shall sign
and date the registration.
(d)
Each signature shall constitute certification that:
(1) The information provided is true, complete,
and not misleading to the knowledge and belief of the signer; and
(2) The signer understands that:
a. The
submission of false, incomplete, or misleading information is grounds for
denying the registration or suspending any registration that is issued based on
the information; and
b. The signer
is subject to the penalties established in New Hampshire law for falsification
in official matters, currently in RSA 641.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1104.03 Information Required for PBF
Registration. The registration
required by RSA 485-A:26, II(b) shall include the following the information:
(a)
The site and contact information identified in Env-Wq 1104.04;
(b)
The specifications identified in Env-Wq 1104.05; and
(c)
The additional information identified in Env-Wq 1104.06.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1104.04 PBF Registration: Site and
Contact Information. The site and
contact information required by Env-Wq 1104.03(a) shall be as follows:
(a)
Information on the PBF and the establishment at which the PBF is
located, as follows:
(1) The establishment’s name;
(2) The
establishment’s location by street address, municipality, and zip code;
(3) The establishment’s mailing address including
municipality and zip code; and;
(4) The establishment’s daytime telephone number;
(b) The name, company, daytime telephone number,
and email address of the primary contact for purposes of inspections, billing,
and enforcement;
(c) The name, company, mailing address, email
address, and daytime telephone number of the owner of the PBF;
(d)
The name, company, mailing address, email address, and daytime telephone
number of each pool operator at the establishment, if known at the time of
registration, and beginning with any registrations filed after January 1, 2022,
the training provider and certification number of each certified pool operator;
and
(e)
Identification of each PBF at the establishment, and for each the
following:
(1) The file identification number assigned by
the department, which can be obtained via the department’s website at www.des.nh.gov;
(2) The name by which the PBF is identified, such
as “Family Pool”, “Resort Pool”, “Outdoor Spa”, and the like;
(3) Whether the PBF is a swimming pool, wading
pool, therapy pool, special recreation pool, or spa, and if a special
recreation pool, the type of pool;
(4) Whether the
PBF is indoor, outdoor, or both, and if outdoor, whether there is a full
enclosure with gate that meets the requirements of Env-Wq 1108.08(a);
(5) Whether use of the PBF is seasonal or
year-round;
(6) The year the PBF was constructed, if known;
and
(7) The year of the most recent renovation, if
applicable, and whether the renovation was cosmetic or repair of the plumbing
or drainage system and whether the pump, filter, or disinfection system was
replaced.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(a) The operating volume of the PBF, in gallons;
(b) The materials of construction for the PBF;
(c) The shape of the PBF;
(d) The following depths and dimensions, measured
in feet:
(1) Depth from operational water level at the
shallow end;
(2) Depth from operational water level at the
breakpoint between the shallow and deep end;
(3) Maximum depth from operational water level;
(4) Perimeter length and length(s) and width(s)
of sides; and
(5) For spas, the spa body dimensions and the
dimensions of the spa foot-well;
(e) Surface area, in square feet;
(f) Bather load;
(g) The most recent flow rate measured from the
flow meter, in gallons per minute (GPM);
(h) The turnover time in hours;
(i) The number of water inlets on the wall and
the number of water inlets on the floor;
(j) Whether a gutter or perimeter overflow system
or skimmers are used, and if skimmers are used, the number of skimmers;
(k) The following information on suction outlets:
(1) The total number of submerged suction
outlets;
(2) The location of each suction outlet, such as
on the pool floor or sidewall;
(3) Whether the suction outlet cover or grate is
VGBA approved;
(4) Whether the outlets are direct suction or
indirect suction, sometimes called gravity;
(5) The date of most recent replacement of
suction outlet cover; and
(6) Whether there is a dedicated vacuum line;
(l) Information on pumps, as follows:
(1) The type of pump and how many of each type
there are;
(2) The manufacturer and model of the pump;
(3) The horsepower of the pump; and
(4) The number of outlets per pump;
(m) Information on the filter system, as follows:
(1) The type of filter and the number of each
type;
(2) The manufacturer and model of the filter; and
(4) The total effective filter area, in square
feet;
(n) Whether entrapment avoidance devices are used
and if so, whether it is a safety vacuum release system (SVRS) or automatic
shut-off and the manufacturer and model of the device; and
(o) Information on the disinfection system, as
follows:
(1) Whether the primary disinfection is
chlorination or bromination and the type of product used;
(2) The delivery method for the disinfection;
(3) The manufacturer and model of the
disinfection unit;
(4) If a salt disinfection system is used,
provide the number of cells and confirm that the system incorporates an
automated pH control system as required by Env-Wq 1109.08(d)(1) and provide the
manufacturer and model of the controller;
(5) Confirmation that the disinfection system is
wired such that the chemical feed equipment cannot operate when circulation
flow stops as required by Env-Wq 1109.08(g)(2); and
(6) Whether
there is supplemental water treatment, and if so the type of disinfection and
the manufacturer and model of the unit.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1104.06 PBF Registration: Additional Information. The additional information required by Env-Wq
1104.03(c) shall be as follows:
(a) Whether the water used in the PBF is from a
public water system, private well, or surface water;
(b)
If the source is a public water system, the name and location of the
public water supply;
(c) Whether sewage and other wastewater,
exclusive of filter backwash and pool drainage, are discharged into a public
sewer or a subsurface disposal system approved under RSA 485-A:29-44 and Env-Wq
1000; and
(d) Whether the
filter is backwashed, and if so, confirmation that the discharge or disposal
meets the requirements of Env-Wq 1109.07(g).
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1104.07 Acceptance of Registrations.
(a)
Upon receipt of a registration, the department shall determine whether
the registration contains the information required by Env-Wq 1104.03 and is
signed as required by Env-Wq 1104.02(c).
(b) If the registration contains the information
required by Env-Wq 1104.03 and is signed as required by Env-Wq 1104.02(c), the
department shall accept the registration.
(c) If the registration does not contain the
information required by Env-Wq 1104.03 or is not signed as required by Env-Wq
1104.02(c), or both, the department shall return the registration to the
registrant with a notice of what is needed to complete the registration.
(d) The owner of a PBF for which a registration
was returned pursuant to (c), above, shall not be in compliance with RSA
485-A:26, II(b) unless and until a completed, signed registration is filed with
the department.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1104.08 Suspension
or Revocation of Registrations.
(a) Upon finding that information submitted to
register a PBF is incorrect or misleading in any material aspect, the
department shall proceed in accordance with this section.
(b)
The department shall notify the owner in writing:
(1) Of the specific information that appears to
be incorrect or misleading; and
(2) That the owner has 10 days from the date of the
notice to submit a new registration as specified in Env-Wq 1104.02 that is
correct and not misleading.
(c) If the owner does not submit a new
registration that complies with Env-Wq 1104.02(a) within 10 days of the date of
the notice sent pursuant to (b), above, the department shall initiate an action
to suspend the registration pursuant to RSA 541-A:30, II, RSA 541-A:31, and the
provisions of Env-C 200 applicable to adjudicative proceedings.
(d)
The notice issued to initiate the action shall inform the owner:
(1) That the department is proposing to suspend
the registration;
(2) Of the grounds on which the department’s
proposed action is based; and
(3) Of the deadline for submitting:
a. A registration that complies with Env-Wq
1104.02(a); or
b. A request for a hearing at which the owner
may show cause why the registration is correct and not misleading.
(e) If the owner requests a hearing instead of
submitting a registration that complies with Env-Wq 1104.02(a), the department
shall suspend the registration if the department determines, as a result of the
proceeding initiated under (c), above, that the information submitted was
incorrect or misleading in any material aspect.
(f)
If the department suspends the registration, the decision issued
pursuant to (h), below, shall:
(1) Specify a
reasonable time in which the owner may correct the deficiencies that formed the
basis for the suspension; and
(2) Notify the owner that if the deficiencies are
not corrected within the time specified, the registration shall be revoked.
(g)
A decision to suspend a registration pending receipt of correct,
complete, and not misleading information shall not be a final decision from
which an appeal may be taken.
(h)
The department shall issue a written decision to the owner.
(i)
If the registration is suspended, the decision shall:
(1) Specify the reason(s) for the decision;
(2) Specify the
deadline for submitting a registration that complies with Env-Wq 1104.02(a);
and
(3) Explain
that if a registration that complies with Env-Wq 1104.02(a) is not submitted by
the deadline, the registration shall be revoked.
(j) The owner of a PBF for which a registration
was suspended or revoked pursuant to this section shall not be in compliance
with RSA 485-A:26, II(b) unless and until a registration that complies with
Env-Wq 1104.02(a) is filed with the department.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
PART Env-Wq 1105
PBF SELF-CERTIFICATION OF COMPLIANCE
Env-Wq
1105.01 Self-Certification
Declaration for PBFs Required. As
specified in RSA 485-A:26-a:
(a) The owner of a PBF that is open for 9 months
or more in a calendar year shall submit a self-certification declaration to the
department within 60 days of January 1, 2021 and annually prior to March 2nd
thereafter, stating that each PBF at the establishment is in compliance with
all applicable requirements of RSA 485-A:26 and Env-Wq 1100; and
(b)
The owner of a PBF that is open fewer than 9 months in a calendar year
shall submit to the department, prior to opening in 2021 and annually prior to
opening thereafter, a self-certification declaration stating that each pool at
the facility is in compliance with all applicable requirements of RSA 485-A:26
and Env-Wq 1100.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1105.02 Self-Certification Declaration.
(a) Each owner required to submit a
self-certification declaration for a PBF shall submit to the department:
(1) A “PBF Self-Certification Declaration”,
NHDES-W-07-048, February 2021, available via the department’s website at www.des.nh.gov, that contains:
a. The site and contact information specified in
Env-Wq 1105.03;
b. The information and declarations as to
specifications identified in Env-Wq 1105.04 for each PBF covered by the
self-certification;
c. The information and declarations as to safety
identified in Env-Wq 1105.05 for each PBF covered by the self-certification;
and
d. The declarations as to water quality and
testing specified in Env-Wq 1105.06 for each PBF covered by the
self-certification;
(2) The signatures and certifications required by
(c) and (d), below;
(3) The fee required by RSA 485-A:26-a, IV; and
(4) For
declarations submitted on or after January 1, 2022, a statement that each PBF
is operated under the supervision of a certified pool operator.
(b) The certifier shall submit the materials
requested by (a), above, to the department using an electronic portal, which
when available will be accessible via www.des.nh.gov,
or, if an electronic portal is not available, at the following address:
DES
Water Division
29
Hazen Drive
P.O.
Box 95
Concord, NH
03302-0095
Attn: PBF Program Manager
(c) The owner and the individual completing the
declaration, if other than the owner, shall sign and date the
self-certification declaration form.
(d)
Each signature shall constitute certification that:
(1) The information provided is true, complete,
and not misleading to the knowledge and belief of the signer; and
(2) The signer understands that:
a. The submission of false, incomplete, or misleading
information is grounds for refusing to accept the declaration; and
b. The signer is subject to the penalties
established in New Hampshire law for falsification in official matters.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1105.03 Self-Certification Declaration:
Site and Contact Information. The
site and contact information required by Env-Wq 1105.02(a)(1)a. shall be as
follows:
(a)
The name of the establishment at which the PBF is located;
(b)
The location, by street address, municipality, and zip code where the
PBF is located and the establishment’s mailing address;
(c) The name, company, daytime telephone number,
and email address of the primary contact for purposes of inspections, billing,
and enforcement;
(d)
The name, company, mailing address, email address, and daytime telephone
number of the owner of the PBF;
(e)
Whether there has been a change in ownership or primary contact since
the prior self-certification;
(f)
Beginning with the self-certification filed in 2022 and annually
thereafter, the following:
(1) The number of certified pool operators (CPO);
and
(2) For each
CPO, the individual’s name, company if any, mailing address, email address,
daytime telephone number, training provider, certificate number, and
certificate expiration date; and
(g)
A list of each PBF at the establishment for which the declaration is
being submitted, and for each:
(1) The PBF file identification number, obtained
from the department via its website at www.des.nh.gov;
(2) The name used to identify the PBF, such as
“Family Pool”, “Resort Pool”, “Outdoor Spa”, or the like;
(3) Whether the PBF is an indoor or outdoor
facility, or both; and
(4) Whether the PBF is operated seasonally or
year-round; and
(h) Whether there has been any change in the
anticipated bather load, and if so, whether it has increased or decreased.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1105.04 Self-Certification Declaration:
Specifications.
(a)
The information and declarations required by Env-Wq 1105.02(a)(1)b.
shall be as follows:
(1) Information on the disinfection system that
is used, including:
a. The type of disinfection system;
b. The specific disinfection product used and
the method of delivery used, such as erosion, positive displacement, or salt
ECG;
c. Whether the disinfection system uses a timer;
d. Whether the disinfection system includes an
automated chemical controller; and
e. Whether the disinfection unit is interlocked
with the pump system as required by Env-Wq 1109.08(g)(2);
(2) Declarations that:
a. The disinfection system is being maintained
and is functioning as intended or, if not, the date by which repairs or other
actions will be taken to correct the problems; and
b. No hand-feeding of disinfection chemicals is
being done while patrons are using the PBF;
(3) The type of pumps used, and the following
information on each type of pump:
a. The number of pumps;
b. The most recent flow rate measured from the
flow meter, in gallons per minute; and
c. For each pool or spa system, the turnover
time in hours and minutes, calculated as the operating volume in gallons
divided by the flow rate in gallons per minute divided by 60 minutes per hour;
(4) A declaration that all pumps are being
maintained and are functioning as intended or, if not, the date by which
repairs or other actions will be taken to correct the problem;
(5) Information on the filter system, including:
a. The type(s) of filter(s) and the number of
each type;
b. The effective filter area, in square inches;
and
c. The frequency of backwash or filter element
cleaning;
(6) A declaration that the filter system is being
maintained and is functioning as intended or, if not, the date by which repairs
or other actions will be taken to correct the problem;
(7) Information on water inlets, suction outlets,
skimmer or gutter systems, and equalizer lines, as follows:
a. Whether all water inlets are functioning and
whether all wall inlets are adjustable to allow for changes in direction of
flow as required by Env-Wq 1109.03(h);
b. Whether all suction outlets are functioning
and have covers that meets applicable requirements, including that they cannot
be removed without using tools and are not broken, loose, or missing;
c. Whether a skimmer system is being used, and
if so, whether all skimmers are functioning with functioning weir flaps;
d. Whether there are any skimmer equalizer
lines, and if so whether they have been permanently disabled or covered with a
cover that meets applicable requirements;
e. Whether a
perimeter overflow system, also known as a gutter system, is being used, and if
so whether it is functioning according to its design; and
f. Whether any inlets, skimmers, skimmer
equalizers, or suction outlets have been repaired, retrofitted, added, or
disabled since the last self-certification declaration, and if so:
1. For new equipment, the date of installation,
the manufacturer and model, and whether the equipment was installed according
to its manufacturer’s specifications; and
2. For all other modifications, the date of the
modification and a description of the modification;
(8) A
declaration that the water inlets, suction outlets, skimmer or gutter system,
and equalizer lines are functioning as intended and all suction outlet covers
are approved and installed according to manufacturer’s specifications or, if
not, the date by which repairs or other actions will be taken to correct the
problem(s);
(9) Information on entrapment avoidance devices,
as follows:
a. Whether a safety vacuum release system (SVRS) or
automatic pump shut-off is used on any pump system, and if so, the following:
1. The manufacturer and model of the device;
2. Whether the device is installed according to
the manufacturer’s specifications;
3. Whether all devices are functioning; and
4. The most recent date each device was tested;
(10) A declaration that each entrapment avoidance
device is functioning as intended or, if not, the date by which repairs or
other actions will be taken to correct the problem(s);
(11) Information on piping, as follows:
a. Whether all pipes are correctly labeled and
color coded based on their purpose; and
b. Whether all visible pipes have arrows
indicating flow direction; and
(12) A declaration that all pipes are correctly
colored and marked or, if not, the date that repairs or other actions necessary
to correct the problem(s) will be taken.
(b)
If any of the equipment identified in (a), above, has changed from the
previous self-certification, the owner shall provide the following information
for each new item:
(1) The date of the installation;
(2) The manufacturer and model number for the
equipment; and
(3) Whether the equipment was installed according
the manufacturer’s instructions.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1105.05 Self-Certification
Declaration: Safety.
(a) The compliance information and declarations
required by Env-Wq 1105.02(a)(1)c. shall be as follows:
(1) Safety rules for patrons are posted
conspicuously in each pool area and in each spa area;
(2) A telephone or radio capable of reaching emergency
services is within 200 feet of pool or spa, or signs are posted that identify
the location of the emergency phone if phone is not in pool area;
(3) A functioning clock is visible from each spa;
(4) The following items are present:
a. For pools, a 12-foot-long pole with a body
hook affixed;
b. For pools, a type IV throwable rescue
flotation device; and
c. For all PBFs, a first aid kit;
(5) The showers
are functioning and each has a working mixing valve as required by Env-Wq
1108.01;
(6) Toilets are provided as required by Env-Wq
1108.04;
(7) Trash receptacles are located in toilet areas
and bathing areas;
(8) If towels are provided, they are washed and
dried after each use and stored in a sanitary location;
(9) If dressing rooms are provided, the rooms:
a. Are kept free of visible dirt and debris; and
b. Have trash receptacles;
(10) The security wall or fencing surrounding outdoor
PBFs is at least 4 feet high, includes at least one gate, and completely
encloses the PBF; and
(11) Gates to the outdoor PBF area:
a. Are at least 4 feet high, self-closing, and
self-latching;
b. Open outward; and
c. Can be locked.
(b)
If a declaration cannot truthfully be made that one or more of the items
listed in (a), above, meets the applicable requirement, the individual
completing the self-certification declaration shall identify the item and
provide the date by which the requirement(s) will be met.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1105.06 Self-Certification
Declaration: Water Quality and Testing.
(a) The compliance information and declarations
required by Env-Wq 1105.02(a)(1)d. shall be as follows:
(1) No issues or
problems have been experienced with water chemistry, clarity, foaming, or
algae, or, if problems have arisen, the proper methods of bringing the PBF back
into compliance, such as shocking, were used;
(2) The PBF is maintaining the bacteriological
and chemical/physical standards set forth in Env-Wq 1108.12 and Env-Wq 1108.13,
respectively;
(3) The water
quality test kit and reagents being used meet the requirements of Env-Wq
1107.01; and
(4) Daily logs are being completed that
demonstrate the PBF is tested every 4 hours of operation and maintaining the
department’s water quality standards.
(b)
If a declaration cannot truthfully be made that one or more of the items
listed in (a), above, meets the applicable requirement, the individual
completing the self-certification declaration shall identify each item and
provide the date by which the requirement(s) will be met.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
PART Env-Wq 1106
CERTIFIED POOL OPERATOR TRAINING REQUIREMENT
Env-Wq
1106.01 Certified Pool Operator (CPO)
Responsibilities
(a) Pursuant to RSA 485-A:27-a, each PBF shall
have a certified pool operator (CPO) no later than January 1, 2022.
(b) A CPO may be the owner or duly-authorized designee,
an employee of the establishment where the PBF is located, or a contracted
vendor.
(d) The CPO shall be responsible for training
on-site personnel in the basic operation of the PBF, including but not limited
to water testing and record keeping, water clarity, handling sanitizers, pool
rules, hours of operation, and pool closure procedures.
(e) The CPO shall:
(1) Personally
visit the PBF not less frequently than once per week to ensure the pool is
being operated in a safe and sanitary manner; and
(2) Be available by telephone to on-site
personnel whenever not personally present.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1106.02 CPO Training Required.
(a)
As provided in RSA 485-A:27-a, successful completion of the certified
pool and spa operator certification program offered by the Association of Pool
and Spa Professionals or National Swimming Pool Foundation shall qualify an
individual as a CPO.
(b)
Successful completion of the certified pool and spa operator
certification program offered by the following also shall qualify an individual
as a CPO:
(1) Pool & Hot Tub Alliance; and
(2) Any training program approved by the
department pursuant to Env-Wq 1106.04.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1106.03 Application for Certification
Program Approval. An organization
seeking approval of a certified pool and spa operator certification program
shall apply by submitting the following using an electronic portal, which when
available will be accessible via www.des.nh.gov,
or in writing to the department:
(a)
A description of the organization, including:
(1) The organization’s name, mailing address,
email address, and daytime telephone number;
(2) The legal form of the organization, such as a
corporation, limited liability corporation, partnership, etc.; and
(3) If the
organization is required by RSA 292, RSA 293, RSA 293-A, or other applicable
provisions of New Hampshire law to register with the New Hampshire secretary of
state, proof of being registered and in good standing to do business in New
Hampshire;
(b)
The name, mailing address, email address, and daytime telephone number
of an individual at the organization who can be contacted regarding the
application;
(c)
A list of courses to be offered; and
(d)
A complete description of each course for which the organization is
seeking approval, including:
(1) The name of the course;
(2) The name and qualifications of each
individual who will present the course;
(3) The length of time attendees of the course
will be under direct supervision of the instructor;
(4) A syllabus for the course and the written
materials to be used in the course;
(5) A
demonstration of how the proposed course complies with Section 6.1 of the Model
Aquatic Health Code, 3rd edition, 2018, available as noted in
Appendix B; and
(6) The type of
test to be offered at the end of the course to evaluate whether attendees have
obtained the knowledge required by Env-Wq 1100.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1106.04 Approval of Training Program.
(a)
The department shall review information submitted pursuant to Env-Wq
1106.03 within 30 days of receipt.
(b)
The department shall approve the proposed training program if the information
submitted demonstrates that the proposed training program meets the standards
of Section 6.1 of the Model Aquatic
Health Code, 3rd edition, 2018, available as noted in Appendix B. For purposes of this section, training
programs offered by the Association of Pool and Spa Professionals, National Swimming
Pool Foundation, or Pool & Hot Tub Alliance shall be deemed to meet this
requirement.
(c)
The department shall notify the applicant in writing of its
decision. If the application is denied,
the decision shall specify the reason(s) for the denial.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
PART Env-Wq 1107
TESTING,
SUPERVISION,
AND SAFETY
Env-Wq
1107.01 PBF Testing and Recordkeeping
Requirements.
(a) The pool operator shall conduct tests for
disinfectant residual and pH prior to opening the PBF to the public and every 4 hours
during operation.
(b)
If an
oxidation-reduction potential (ORP) controller is used, it shall not be relied
upon as a method for measuring the concentration of sanitizer in the water.
(c) The pool operator shall use a water quality
testing kit with unexpired reagents, such as diethylphenylene diamine (DPD) and phenol
red, capable of testing for pH and free and total chlorine or total
bromine. The method used in determining
the free available chlorine shall be such that the combined chlorine or other
oxidizers that might be present in the pool do not affect the determination.
(d) The pool operator shall test a heated pool or spa for
temperature prior to use and every 4 hours during operation.
(e)
The
pool operator shall conduct each test:
(1) At each
end of a PBF that is 10,000 gallons or greater; and
(2) At one
location in a PBF that is less than 10,000 gallons.
(f) The pool operator shall:
(1) Maintain dated daily logs for each PBF at the
establishment for
a rolling
12-month
period; and
(2) Make the records available to the department
and patrons of the PBF upon request.
(g)
The
pool operator shall record the following on the daily log:
(1) The results of the inspection of the
cover/grate required by Env-Wq 1107.07(a);
(2) The results of all tests conducted pursuant
to (a) through (d), above;
(3) Each time that the filter is backwashed
or the
cartridge filter is replaced;
(4) Each time that a spa is emptied and cleaned;
(5) Each operational
problem, together with a description of all actions taken to address the
problem; and
(6) The time of each fecal or vomit accident,
together with a description of all actions taken to address the accident.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1104.01)
Env-Wq
1107.02 PBF Supervision.
(a) The owner shall allow public use of a PBF only
when a pool operator
is available to respond to equipment malfunctions and other emergencies within
20 minutes of being notified by patrons or the owner of the malfunction or
emergency.
(b) The pool operator
designated by the owner pursuant to (a), above, shall:
(1) Maintain the quality of the water at the
facility;
(2) Have access to and be knowledgeable of the
PBF circulation and disinfection systems; and
(3) As of January 1, 2022, either:
a. Be a CPO; or
b. Be trained and supervised by a CPO.
(c) If a lifeguard or other individual to enforce
safety standards will not be present at a PBF, the owner shall post a sign at
all access points notifying patrons of the absence of a lifeguard.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1104.02)
Env-Wq
1107.03 Testing and Supervision at
Other Public Bathing Places.
(a) The pool operator of a common interest
bathing facility that uses automated chemical controllers for both pH and
disinfectant shall test for temperature, disinfectant residual, and pH at least
once a day.
(b) The pool operator of a common interest
bathing facility that does not use automated chemical controllers shall test
for temperature, pH, and disinfectant residual prior to opening the PBF and
every 4 hours during operation.
(c)
If a common interest bathing place is not monitored by a lifeguard or pool operator,
the owner(s) shall post a sign at all access points notifying patrons of the
absence of a lifeguard or pool operator, as applicable.
(d) If a designated beach or flow-through bathing place is not
monitored by a lifeguard, the owner shall post a sign at all access points
notifying patrons of the absence of a lifeguard.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1104.03)
Env-Wq 1107.04 PBF Safety.
(a)
The
owner of an establishment that has a swimming pool shall:
(1) Develop and adopt safety rules for patrons of
the pool; and
(2) Post conspicuously-displayed signs informing
patrons of the safety rules.
(b) The rules and signs required by (a), above,
shall include the following:
(1) Patrons with any communicable disease shall
not enter the pool;
(2) Patrons shall not discharge any bodily fluids
into the pool;
(3) Patrons shall not bring or throw into the
pool any object that may in any way carry contamination or otherwise endanger
the safety of bathers;
(4) Patrons shall not spit in or in any other way
contaminate the water, floors, walkways, aisles, or dressing rooms associated with
the pool;
(5) Bathers shall take a cleansing shower before
entering the pool;
(6) Patrons shall not run or engage in boisterous
rough play in the pool or on the deck or walkways around the pool or in the
bathhouse associated with the pool;
(7) Patrons shall not bring food or drink into the pool or within 4 feet
of its edge;
(8) Patrons shall not have glass containers in the pool or on the
deck or
in the bathhouse associated with the pool; and
(9) Any additional rules developed by the
establishment’s management.
(c)
The owner of an establishment shall ensure that a telephone or radio capable of reaching emergency services is
located within 200 feet of any pool or spa at the establishment.
(d)
The
signs required
by (a), above, and (e), below, shall provide the location of the
telephone or radio required by (c), above.
(e)
The
owner of an establishment that has a spa shall:
(1) Develop and adopt safety rules for patrons of
the spa; and
(2) Post conspicuously-displayed signs informing
patrons of the safety rules.
(f) The rules and signs required by (e), above,
shall include the following:
(1) Patrons shall not use a public spa alone
unless permitted by the pool operator or owner;
(2) Patrons shall not use a public spa if under
the influence of alcohol, anticoagulants, antihistamines, vasoconstrictors,
vasodilators, stimulants, hypnotics, narcotics, or tranquilizers;
(3) Patrons who are elderly, pregnant, or
suffering from heart disease, diabetes, or high or low blood pressure shall not use
a public spa without obtaining permission from their physician;
(4) Unsupervised children under 14 years of age
shall not use a public spa;
(5) Bathers shall not use body oils or lotions;
and
(6) Any additional rules developed by the
establishment’s management.
(g)
A functioning clock shall be visible from all public spas.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1104.04)
Env-Wq
1107.05 Safety at Other Public
Bathing Places.
(a)
If the
owner of a common interest bathing place, designated beach, or flow-through
bathing place has developed safety rules, the owner shall post
conspicuously-displayed notices informing patrons of the safety rules developed
by the owner.
(b)
The owner of a common interest bathing place, designated beach, or flow-through
bathing place shall ensure that:
(1) A telephone or radio capable of reaching emergency services is located within 200
feet of the water; or
(2) If a telephone or radio capable of reaching
emergency services is not located within 200 feet of the water, then a sign is
posted informing patrons of the location of the nearest public telephone or
radio capable of reaching emergency services.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at
chapter heading for Env-Wq 1100) (formerly Env-Wq 1104.05)
Env-Wq 1107.06 Emergency Rescue Equipment for All Public
Bathing Places.
(a) Subject to (b),
below, the owner of a PBF shall provide the following emergency rescue equipment
at the PBF:
(1) A light, strong pole not less than 12 feet
long to
which a body hook has been affixed;
(2) A Type IV throwable rescue flotation device
approved by the United States Coast Guard and capable of supporting an adult,
with an attached throwing/retrieval line which shall be a rope at least
one-quarter
inch in diameter
and one-half the maximum width of the pool or 50 feet in length, whichever is
less; and
(3) A
first aid kit stocked for treatment of common pool-related injuries, which at a
minimum shall contain the following:
a.
Impermeable, unused, and disposable latex-free medical gloves;
b. Materials
to control bleeding and to clean or cover minor cuts and abrasions; and
c. A
personal resuscitation mask or shield for performing rescue breathing.
(b) If the owner of a PBF that does not have a
first aid kit meeting (a)(3), above, is a political subdivision and its local
legislative body has not voted or does not vote to approve funding for the
first aid kit required by (a)(3), above, and the first aid kit is not fully
funded by the state, the owner shall not be required to provide the first aid
kit.
(c)
The owner of a common interest bathing place or flow-through bathing place shall:
(1) Provide the emergency equipment identified in
(a), above; or
(2) Prominently post at least one sign that
clearly states that no emergency rescue equipment is available.
(d) The owner of a designated beach shall:
(1) Provide emergency rescue equipment such as a
rescue board, rescue tube or ring, or other emergency rescue equipment deemed
appropriate by the owner; or
(2) Prominently post at least one sign that
clearly states that no emergency rescue equipment is available.
Source. #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly
Env-Wq 1104.06)
Env-Wq
1107.07 Suction Outlet Cover/Grate.
(a)
The pool
operator shall inspect each cover/grate daily to ensure the cover/grate
has not been damaged and is securely attached.
(b)
The owner of a PBF shall not allow bathers to use the PBF if any
cover/grate is missing, broken, or secured in such a way that it can be removed
without the use of tools.
Source. #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly
Env-Wq 1104.07)
PART Env-Wq 1108 DESIGN FEATURES, WATER
QUALITY STANDARDS, AND OPERATION
REQUIREMENTS
Env-Wq 1108.01 Showers.
(a) The owner of a PBF shall provide shower
facilities to
the patrons of the PBF, as specified below:
(1) One shower for
every 40 swimming pool bathers shall be provided;
(2) A minimum
of one shower for each spa shall be provided; and
(3) Showers
shall be of such design that a mixture of hot and cold water that will not
scald patrons can be obtained through a mixing valve.
(b) Any shower located on a deck adjacent to a
pool or spa shall drain to a public sewer system or a state-approved sewage
disposal system.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1105.01)
Env-Wq 1108.02 Towels. If towels are provided for public use at a PBF, the
owner shall ensure that all such towels are maintained in a sanitary manner by:
(a)
Washing and disinfecting or
machine drying
the towels after each use; and
(b)
Storing the towels in a sanitary location.
Source. (See Revision Note
#1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-5-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly
Env-Wq 1105.02)
Env-Wq 1108.03 Dressing Rooms. The owner of a PBF shall ensure that any dressing
room provided for use by patrons is kept free of visible dirt and debris.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at
chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.03)
Env-Wq 1108.04 Toilets for PBFs. The owner of a PBF shall provide toilet facilities as
follows:
(a) The toilet facilities shall be located within 200 feet of
the PBF for use immediately before entering the water;
(b) Separate toilet facilities shall be
provided for each
gender;
(c) For a pool or spa installed prior to May 1,
2014, one toilet and one urinal for every 60 males and one toilet for every 40
females shall be provided; and
(d) For a pool or spa installed after May 1,
2014, the minimum number of fixtures shall be based on the maximum bather load,
as specified in the state plumbing code, which is the portion of the state
building code as defined in RSA 155-A that pertains to plumbing.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1105.04)
Env-Wq 1108.05 Toilets for Other Public Bathing Places. If the owner of a common interest bathing place, designated
beach, or flow-through bathing place provides toilets, the following shall
apply:
(a)
Portable or chemical toilets shall
be installed in such a way that they can not be tipped over; and
(b) The toilets shall be within 200 feet of the water,
provided however that if toilets cannot be installed within 200 feet of the
water due to unique topography, the toilets shall be placed as close to the
water as practicable.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1105.05)
Env-Wq 1108.06 Trash
Receptacles.
(a) The owner of a PBF
shall provide enclosed trash receptacles in all dressing rooms, toilet areas, and
bathing areas.
(b) The owner of a designated beach wherein
patrons are responsible for carrying out their own trash shall provide enclosed
trash receptacles in all dressing rooms and toilet areas.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1105.06)
Env-Wq 1108.07 Food and Drink
Prohibited
in the Bathing Area. The owner of a PBF
shall not allow food or drink in the pool or spa or within 4 feet of the edge of the pool or spa.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1105.07)
Env-Wq 1108.08 Security
Fencing,
Deck Areas for PBFs.
(a) The owner of a PBF shall provide security fencing
as follows:
(1) All outdoor
PBFs shall
have a wall, fence, or other enclosure constructed around the entire facility;
(2) The entire
wall, fence,
or other enclosure, including doors and gates, shall be at least 4 feet above grade
measured on the inside and outside;
(3) The wall,
fence,
or other enclosure shall be constructed so as to prevent passage through it; and
(4) Subject to
(c), below, each fence shall have at least one gate and all gates shall:
a. Be
self-closing and self-latching;
b. Open only
outward from the enclosed area;
c. Be equipped with
a latch located on the pool side of the gate and at least 3 inches below the
top of the gate;
d. Have no
opening greater than ˝ inch within 18 inches of the latch; and
e. Accommodate
a locking device.
(b) The owner of a PBF shall provide a deck area
between the water
and the fence or enclosure in accordance with the following:
(1) The deck
area shall be a minimum of 4 feet wide of unobstructed space, measured from the
edge of the pool;
(2) The deck
area shall slope away from the pool no less than 1/4 inch per foot and no more
than 1/2 inch per foot, such that standing water shall be no deeper than 1/8
inch, 20 minutes after the cessation of the addition of water to the deck; and
(3) The surface
of the deck shall be of a slip-resistant textured finish other than carpet or
artificial turf.
(c) If the owner of a PBF having one or more
gates that do not comply with (a)(4)b.- e., above, is a political subdivision
and its local legislative body has not voted or does not vote to approve
funding to bring the gate(s) into compliance with (a)(4)b.- e., above, and
compliance is not fully funded by the state, the owner shall not be required to
comply with (a)(4)b.- e., above.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (from Env-Wq 1105.07); ss by #13198, eff 5-1-21 (see Revision Note
#3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.08)
Env-Wq 1108.09 Security Fencing, Deck Areas for Other Public Bathing
Places.
(a) If the owner of a common interest bathing place, designated beach,
or flow-through bathing place provides security fencing, the fencing shall
comply with Env-Wq 1108.08(a), including (a)(4)b.- e.
(b) If the owner of a common interest bathing place, designated
beach, or flow-through bathing place provides a deck area, the deck area shall
comply with Env-Wq 1108.08(b).
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1105.09)
Env-Wq 1108.10 Cross-Connection Control. The owner of a PBF shall ensure that:
(a) Water service to the PBF is protected against backflow and
back siphonage;
(b) Water introduced to the PBF, whether directly
or through the circulation system, is supplied through an air gap of at least 6
inches; and
(c) Vacuum breaker backflow preventers are
installed prior to all hose bibs servicing the PBF.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1105.10)
Env-Wq 1108.11
Deck Cleaning. The owner of a PBF
shall ensure that:
(a)
The deck area is maintained to be free of litter and visible
dirt; and
(b)
Hose bibs with vacuum breakers are provided to flush the deck
areas.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1105.11)
Env-Wq 1108.12 PBF Bacteriological Water Quality
Standards. The owner of a PBF shall not allow bathers
to use the PBF unless the water in the PBF meets the following bacteriological
standards:
(a) Less than one total coliform bacteria count per 100
milliliters of water;
(b) Less than 200 non-coliform bacteria counts per 100
milliliters of water;
(c) Less than one Pseudomonas aeruginosa
count per 100 milliliters; and
(d) Less than 200 heterotrophic
bacteria colony forming units per one milliliter of water.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1105.12)
Env-Wq 1108.13 PBF Chemical
and Physical Water Quality Standards.
(a) The owner of a PBF shall not allow bathers to use the PBF unless the water therein
meets the following chemical and physical standards:
(1) The pH shall be
between 7.0 and 7.8;
(2) Clarity shall be such
that the main drains are clearly visible at all times;
(3) Heated swimming, wading, and
special recreation pool water temperature shall not exceed 89°F, equivalent
to 32°C;
(4) Heated therapy pool and spa water temperature
shall not exceed 104°F, equivalent to 40°C;
(5) Turbidity shall not exceed 1.0 nephelometric
turbidity unit (NTU);
(6) For swimming, wading, and special recreation
pool water:
a. The free available chlorine level shall be
one to 5 milligrams per liter (mg/L); or
b. The free available bromine level shall be 2
to 10 mg/L;
(7) For therapy pool and spa water, the free
available chlorine or free available bromine level shall be 2 to 10 mg/L;
(8) The combined chlorine level shall not exceed
0.5 mg/L;
(9) Where an ORP controller is used, the minimum
set point value shall not be less than 650 mV;
(10) The cyanuric acid level shall not exceed 50
mg/L; and
(11) The total alkalinity shall be 60 to 180 mg/L.
(b) No chemical shall be manually added to the
water while the pool is open for operation.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at
chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.13)
Env-Wq 1108.14 Water Quality
Standards for Designated Beaches.
(a) As established by RSA 485-A:8, a designated
beach shall be considered unsafe for public use if:
(1) The
standard specified in (b)(1) or (c)(1), below, as applicable, is exceeded by 70
counts in any one sample or by any amount in 2 or more samples taken during the
same sampling event; or
(2) The
standard specified in (b)(2) or (c)(2), below, as applicable, is exceeded in 3
samples over a 60-day period.
(b)
For freshwater beaches, the standards shall be:
(1) For
purposes of (a)(1), above, E. coli bacteria are present in
numbers greater than 88 counts/100 mL of water; or
(2) For
purposes of (a)(2), above, E. coli bacteria are present in
numbers greater than a geometric mean of 47 counts/100 mL of water.
(c)
For saltwater beaches, the standards shall be:
(1) For
purposes of (a)(1), above, Enterococci bacteria are present in numbers
greater than 104 counts/100 mL of water; or
(2) For
purposes of (a)(2), above, Enterococci bacteria are present in numbers
greater than a geometric mean of 35 counts/100 of water.
(d)
If test results exceed the applicable standard in (a) - (c), above, the
owner shall:
(1) Retest for
bacteria; and
(2) Post a
bacteria advisory provided by the department.
(e)
The owner shall post a cyanobacteria advisory provided by the department
whenever a cyano-bacteria scum is present in the bathing area that is dominant
and represents more than 50% of the algal cell count or the total cell count of
cyanobacteria at the beach area is greater than 70,000 total cells/ml of water.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1105.14)
Env-Wq 1108.15 Water Quality
for Flow-through Bathing Places.
(a) Water in flow-through bathing places shall
meet the bacteriological quality requirements for Class B waters as specified in
RSA 485-A:8.
(b) Water flow in a flow-through bathing place
shall be a minimum of 2 gallons per minute of water flow per bather, based on
the maximum expected bathing load.
(c) Water flow at the rate specified in (b),
above, shall be maintained by engineered means if necessary when the bathing
place is in use.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1105.15)
Env-Wq 1108.16 PBF Water
Circulation.
(a) The owner of a PBF shall operate the
circulation system continuously during the operating season.
(b) Circulation shall
be adequate to maintain water quality standards as specified in Env-Wq 1108.12 and
Env-Wq 1108.13.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1105.16)
Env-Wq 1108.17 Filter Cleaning.
(a) The owner of a PBF shall change or clean and disinfect
all cartridge filters when the pressure differential between the influent and
effluent lines of the filter reaches 6 pounds per square inch (psi) or the
manufacturer’s recommended pressure differential, if less than 6 psi.
(b) If no means of measuring the pressure
differential is provided, cartridge filters shall be changed or cleaned and
disinfected at least once per day.
(c) Cartridge filters also shall be cleaned and
disinfected in a concentrated chlorine solution or replaced in response to a
violation of Env-Wq 1108.12.
Source. #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly
Env-Wq 1105.17)
Env-Wq 1108.18 Depth Markers
and Float Lines.
(a) The owner of a PBF shall plainly and conspicuously
mark the depth of water in feet:
(1) At or above
the waterline on the vertical wall of the PBF; and
(2) On the top
of the coping or edge of the deck or walkway next to the PBF.
(b) Depth markers on surfaces used for walking
shall be slip-resistant.
(c) Depth markers shall be installed at:
(1) The
maximum and minimum water depths;
(2) All
points of slope change;
(3) Intermediate
increments of water depth not to exceed 2 feet, nor spaced at distances greater
than 25-foot
intervals; and
(4) When an
underwater shelf does not use steps as a transition to the rest of the pool,
depth markers of the adjacent pool depth shall be placed at the underwater
shelf’s edge a minimum of every 10 feet.
(d) Depth markers on irregularly shaped pools and
spas also shall designate depths at all major deviations in shape.
(e) Depth markers shall be:
(1) At least 4
inch in height;
(2) Of
contrasting color to the background on which they are applied; and
(3) Of a
permanent nature, provided that semi-permanent markers may be used until the
PBF undergoes renovations that allow permanent markers to be affixed.
(f) Any PBF having depths greater than 5 feet shall
have a rope with attached floats placed across the pool one to 2 feet from the
5-foot depth on the shallow side of the break.
Source. #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly
Env-Wq 1105.18)
Env-Wq 1108.19
Water Surface Area Per Bather.
(a)
The surface area of a swimming pool installed prior to May 1, 2014 shall
provide not less than 27 square feet of water surface per bather.
(b)
For pools installed on or after May 1, 2014, the following shall apply:
(1) In areas of a swimming pool 5-feet deep or
less, not less than 15 square feet (sq.ft.) of water surface area shall be
provided per bather;
(2) In areas of a swimming pool greater than 5
feet deep, not less than 25 sq.ft. of water surface area shall be provided per
bather; and
(3) For special recreational pools, not less than
25 sq.ft. of splash zone shall be provided per bather.
(c)
The surface area of a spa shall provide not less than 10 sq. ft. of
water surface per bather.
Source. #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly
Env-Wq 1105.19)
Env-Wq 1108.20 Ladders,
Recessed Steps, and Underwater Shelves for PBFs.
(a)
Subject to (c), below, the owner of a PBF shall provide ladders or
steps, or both, as follows:
(1) Where the vertical distance from the bottom
of a PBF to the deck is more than 2 feet, one set of recessed steps or a ladder
shall be provided for each 75-foot length of perimeter or portion thereof;
(2) Recessed steps or ladders shall be provided:
a. At the deep portion of all swimming pools;
and
b. On each side
of the pool near the deep end if the swimming pool is more than 30 feet wide;
and
(3) Subject to
(d), below, the top edge and leading horizontal edge of each step, underwater
shelf, and spa seat or bench shall be outlined with a continuous 2-inch
slip-resistant contrasting tile or other permanent marking that can be seen
from the deck and from underwater.
(b)
If the owner of a PBF provides underwater shelves, the following shall
apply:
(1) Underwater shelves shall be installed in pool
areas no deeper than 4 feet;
(2) Underwater shelves shall be not more than 12
inches deep;
(3) Underwater shelf floors shall be:
a. Horizontal; or
b. Of a uniform slope no steeper than 1:12 from
a zero depth entry;
(4) When an underwater shelf does not use steps
as a transition to the rest of the pool, the underwater shelf shall not be used
as a means of entry to the rest of the pool; and
(5) Additional inlets shall be provided in the
underwater shelf area as needed to ensure the volume of water in the shelf is
filtered and chemically treated once every 60 minutes or less.
(c) If the owner of a PBF that does not have
ladders or steps as specified in (a), above, is a political subdivision and its
local legislative body has not voted or does not vote to approve funding for
compliance with (a), above, and compliance is not fully funded by the state,
the owner shall not be required to comply with (a), above.
(d) The owner of a pool or spa that is in
operation as of May 1, 2014 shall comply with (a), above, only if the pool or
spa to which the requirement applies undergoes renovations that otherwise
require the pool or spa to be drained to a point where the steps, underwater
shelves, or spa seat or bench, as applicable, are no longer under water.
Source. #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly
Env-Wq 1105.20)
Env-Wq 1108.21 Air and
Ventilation for Indoor PBFs.
(a) Ventilation shall be provided through mechanical
systems, engineered openings for natural ventilation, or a combination thereof.
(b) Subject to (c), below, air handling systems
shall be designed to:
(1) Dehumidify
the recirculated air from the enclosed area;
(2) Deliver
outside air to the enclosed area;
(3) Replace a
volume of air equal to the volume of exhausted air, or as required in the air
handling system specifications;
(7) Prevent any
re-entrainment; and
(8) Limit
physical or electronic access to system controls to the owner, the owner’s
duly-authorized designee, and the certified pool operator.
(c) If the owner of a PBF that does not have
ventilation as specified in (b), above, is a political subdivision and its
local legislative body has not voted or does not vote to approve funding for
compliance with (b), above, and compliance is not fully funded by the state,
the owner shall not be required to comply with (b), above.
(d) The owner of a
PBF that is in operation as of the 2021 effective date of this chapter and that
does not have an air handling system, shall comply with (a) and (b), above,
only if the facility to which the requirements apply undergoes renovations that
make the installation of a suitable air handling system possible.
Source. #13198, eff
5-1-21
Env-Wq
1108.22 Requirements for All Pool or
Spa Components.
(a) Subject to (b), below, any pool or spa
component installed on or after May 1, 2014 including but not limited to
filters, filter media, pumps, skimmers, valves, flow meters, suction fittings,
chemical feeders, and automatic controllers, shall be:
(1) Certified
by NSF or a comparable independent testing organization as meeting applicable
NSF/ANSI Standard 50 requirements for the specific use for which it is intended
and the specific use conditions to which it will be subject; and
(2) Installed
and maintained in accordance with its manufacturer’s instructions.
(b) The owner of a pool or spa that is in
operation as of May 1, 2014 may continue to use replaceable parts, such as
filter media, that do not meet (a)(1), above, until such time as the component
which uses the replaceable parts fails or is otherwise being replaced.
Source. #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly
Env-Wq 1105.22)
PART Env-Wq 1109
Env-Wq 1109.01 Minimum Swimming
Pool Dimensions.
(a) Swimming pools at PBFs shall be designed and
constructed to meet the dimension standards specified in:
(1)
ANSI/APSP-1, 2003, Standard for Public Swimming Pools, as noted in
Appendix B and available by contacting the department, for pools installed on
or after May 1, 2014 but before the 2021 effective date of these rules; and
(2)
ANSI/APSP/ICC-1, 2014, Standard for Public Swimming Pools, available as
noted in Appendix B, for pools installed on or after the 2021 effective date of
these rules.
(b) A swimming pool installed prior to May 1,
2014 shall comply with the plans on which the approval was issued.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter
heading for Env-Wq 1100) (formerly Env-Wq 1106.01)
Env-Wq 1109.02
Materials and Methods of Construction.
(a) Materials of construction for swimming pools
shall comply with the following:
(1) The
material shall be smooth, non-toxic, and impervious, finished concrete or
concrete block, steel, or fiberglass;
(2) The pool
bottom shall have a non-slip finish;
(3) Plastic
liners may
be used in conjunction with any of the materials in (1), above; and
(4) Asphalt,
“black-top,” and similar materials shall not be permitted.
(b) The pool bottom shall have a light-colored
finish.
(c) Each component of a swimming pool, including
all components of the circulation system, shall be installed in accordance with
its manufacturer’s specifications.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#10934, eff 9-19-15; ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter
heading for Env-Wq 1100) (formerly Env-Wq 1106.02)
Env-Wq 1109.03 Hydraulic
Design: Inlets.
(a) Return inlets shall comply with Env-Wq
1108.22(a)(1).
(b) At least one return inlet shall be provided
per 20 gallons per minute (GPM) of total design circulation flow.
(c) Inlets shall be located and directed to
provide uniform circulation and uniform disinfectant residual.
(d) Inlets installed in a pool’s walls shall be
spaced a maximum of 20 feet, center of inlet to center of inlet, around the
periphery of the pool.
(e) Inlets installed in a pool’s bottom shall be
evenly spaced.
(f) The return water flow for each inlet shall
not exceed 20 GPM.
(g) The water velocity through each inlet shall
not exceed 20 feet per second (fps).
(h) Inlets shall be adjustable to allow for
changes in direction of flow.
(i) The flow rate at all inlets shall be
balanced, which may be accomplished by connecting the inlets by a continuous
loop of pipe.
(j) Inlets shall be designed so as to not
constitute a hazard to the user.
(k) Inlets in pools with perimeter overflow
systems shall be at least 8 inches below the overflow lip.
(l) In any pool wider than 20 feet, wall inlets
shall be permanently directed to half the distance to the longitudinal
centerline of the pool.
(m) At least one
inlet shall be located in each recessed stairwell or other space where water
circulation might be impaired.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter
heading for Env-Wq 1100) (formerly Env-Wq 1106.03)
Env-Wq
1109.04 Hydraulic Design: Pumps, Drains, and
Suction Outlets.
(a) Each pump, drain, and suction outlet shall
comply with Env-Wq 1108.22(a)(1).
(b) Any pool in operation prior to November 1,
2005 with a single outlet or with 2 drains that are less than 3 feet apart may
continue to operate provided each outlet is protected by one or more of the
methods or devices specified in ANSI/APSP/ICC-7, 2013, available as noted in
Appendix B.
(c) If suction outlets are used, a minimum of 2
outlets shall be installed at the lowest point of the pool floor.
(d) Each drain in a suction outlet system shall
be:
(1) Connected to a
common pipe through a tee configuration located such that the drains are
hydraulically balanced; and
(2) Designed to handle a minimum of 100% of the
total design circulation flow if all other drains are blocked.
(e) Drains shall be spaced:
(1) Not less than 36 inches and not more than 60
inches apart, center to center, from each other; and
(2) Evenly from the side walls.
(f) Drain suction piping shall:
(1) Be sized to handle 100% of the circulation;
(2) Have a minimum
nominal pipe size of 2.5 inches when used between multiple drains; and
(3) Be sized to
meet the velocity requirements in Env-Wq 1109.06(f).
(g) Each suction outlet in a pool shall
be protected as required by the VGBA, available at https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter106&edition=prelim,
and its implementing regulations at 16 CFR § 1450, available at https://www.ecfr.gov/cgi-bin/text-idx?SID=1410c3f48d73aa2683c546eab89a43b5&mc=true&node=pt16.2.1450&rgn=div5.
(h) Each pump shall be equipped with a vacuum and
pressure gauge that is separate from the pressure gauge associated with the
filter.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter
heading for Env-Wq 1100) (formerly Env-Wq 1106.04)
Env-Wq
1109.05 Hydraulic Design: Skimmers and Overflow
Systems.
(a) Each component of a skimmer or overflow
system shall comply with Env-Wq 1108.22(a)(1).
(b) The total capacity of all skimmer/overflow
systems in any pool shall be at least 100% of the required flow of the
circulation system, constructed to provide overflow return around the entire
periphery of the pool.
(c) There shall be one skimmer for 500 square
feet of pool surface or fraction thereof and no less than 2 skimmers total.
(d) Skimmers shall:
(1) Be located so
as to maintain effective skimming action over the entire water surface of the
pool;
(2) Have
proportioning valves that are adjusted such that
the flow rate through the skimmers removes debris from the water surface;
(3) Have a
minimum intake throat width of 5 inches, measured at the weir location;
(4) Have a weir
that adjusts automatically to variations in water level of at least 4 inches;
and
(5) Be
installed so that the operating level of the pool is not more than 9 inches
below the finished deck level.
(e) No skimmer on a pool installed after May 1,
2014 shall be equipped with an equalizer line.
If a skimmer installed prior to May 1, 2014 is equipped with an
equalizer line, the suction outlet shall be fitted with a cover that meets the requirements of
ANSI/APSP/ICC-16, 2011, available as noted in Appendix B.
(f) The flow rate through any individual skimmer
shall not exceed the maximum flow rate of the skimmer as certified by its
manufacturer.
(g) Skimmer piping shall be sized to handle the
maximum flow rate for the required number of skimmers, but in no case less than
100% of the design flow rate.
(h) Overflow systems shall be capable of handling
100% of the circulation flow without the overflow troughs being flooded.
(i) Surge capacity equal to or greater than one
gallon per square foot of swimming pool water surface area shall be provided
either in the system or by use of a surge tank.
(j) The water level of the swimming pool shall be
maintained above the level of the overflow rim, except for the time needed to
transfer all of the water that may be in the surge capacity back into the
swimming pool after a period of use.
(k) Perimeter overflow
system piping shall be sized to handle 100% of the design flow rate.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1106.05)
Env-Wq 1109.06 Piping.
(a) All visible piping, including waste lines and
valves and other fittings, shall be:
(1) Color coded
as specified in (b), below;
(2) Labeled to
identify its purpose; and
(3) Marked to
show the direction of flow.
(b) Unless otherwise specified in an applicable
plumbing or building code or local ordinance, the color coding required by (a),
above, shall be as specified in Table 1109-1, below:
Table 1109-1: Color
Coding for Visible Piping, Valves, and Fittings
Purpose |
Color |
Potable Water |
Dark blue |
Skimmer or
Gutter |
Olive Green |
Pool Return |
Light blue |
Main Drain |
Black |
Alum |
Orange |
Chlorine, gas
or solution |
Yellow |
Soda Ash |
White |
Acid |
Pink |
Backwash |
Dark Brown |
Sewer or
other wastewater |
Dark Gray |
Deck Drains |
Light Brown |
Gas other
than chlorine or compressed air |
Red |
Compressed
Air |
Dark Green |
(c) If plastic pipe is proposed, a minimum of Schedule
40 rigid PVC or equivalent that can withstand operating pressures shall be
used.
(d) Flexible pipe shall not be used for pools.
(e) Flexible PVC hoses that meet NSF Standard 50
may be affixed to spa shells where rigid pipes do not provide the necessary
angles to connect circulation components.
(f) Piping shall be designed to carry the
required quantity of water at a maximum velocity not to exceed 6 fps for
suction piping, and not to exceed 10 fps for discharge piping except for copper
pipe where the velocity shall not exceed 8 fps.
(g)
Return lines, main drain lines, and surface overflow system lines shall
each be equipped with proportioning valves.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1106.06)
Env-Wq 1109.07 Filter Systems; Wastewater Disposal.
(a)
Each component of a filter system shall comply with Env-Wq 1108.22(a)(1).
(b)
Each filter system shall include the following:
(1) A strainer such as a pressure-type sand
filter, a diatomaceous earth pressure or suction filter, or a cartridge-type
filter;
(2) A flow meter that also meets the requirements
of (c), below;
(3) A pressure gauge and an air relief valve for
each filter;
(4) A sight glass in each waste line from filter
to backwash; and
(5) A set of instructions for operating and
maintaining the system.
(c)
Each flow meter installed on a PBF filter system shall be:
(1) Capable of measuring flows that are at least
1.5 times the design flow rate;
(2) Accurate within 10% of true flow;
(3) Located where the operator or an inspector
can read the meter in the normal course of operations or during a routine
inspection, respectively; and
(4) Installed in accordance with the
manufacturer’s specifications.
(d)
Pressure-type sand filters also shall comply with the following:
(1) For low-rate rapid sand filters, the flow rate
shall not exceed 3 gallons per minute per square foot of filter area;
(2) For high-rate rapid sand filters, the flow rate
shall not exceed 15 gallons per minute per square foot of filter area; and
(3) Back wash flow rates shall be 10 to 15
gallons per minute per square foot of filter area.
(e)
Diatomaceous earth pressure or suction filters shall comply with the
following:
(1) The flow rate shall not exceed 2.0 gallons
per minute per square foot of filter area; and
(2) Filter piping shall provide for circulation
through the filter only or be capable of selection to discharge to waste.
(f)
For cartridge-type filters, filter flow rates shall not exceed 0.375
gallons per minute per square foot of filter media.
(g)
Filter backwash and wastewater disposal shall be as follows:
(1) Sewage and other wastewater, exclusive of
filter backwash and pool drainage, shall be discharged into either a public
sewer or a subsurface disposal system approved under RSA 485-A:29-44 and Env-Wq
1000;
(2) Backwash and pool drainage shall be
discharged:
a. Into a public sewer through an air gap of not
less than one inch; or
b. Disposed of in a location or system approved
by
the department pursuant to RSA 485:3, X, RSA 485-A:29-44, RSA 485-A:13, I(a),
or Env-Wq 402; and
(3) When a pool
or spa at a PBF is drained by discharge to a public sewer, the free
disinfectant residual shall not exceed 3 mg/L chlorine or bromine.
Source. #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly
Env-Wq 1106.07)
Env-Wq 1109.08
Disinfection Methods.
(a) Each component of a primary disinfection
system shall comply with Env-Wq 1108.22(a)(1).
(b) A PBF shall use at least one of the following
primary disinfection methods in order to meet the water quality standards
specified in Env-Wq 1108.12 and Env-Wq 1108.13 for each PBF:
(1) A positive
displacement pump type disinfection unit providing hypochlorination;
(2) A
disinfection unit that controls the rate of hypochlorite or bromine tablet
erosion; or
(3) A salt
electrolytic chlorine generator.
(c) A disinfection unit as specified in (b)(1) or
(2), above, shall be capable of feeding at a rate to permit a free residual
chlorine concentration of 10 mg/L or a free residual bromine concentration of
22.5 mg/L to be maintained in the pool.
(d) A salt electrolytic chlorine generator (ECG)
as specified in (b)(3), above, shall:
(1) Have a total
dissolved solids (TDS) readout, a low salt indicator, and integrated pH
monitoring and management;
(2) Have a feed
rate that is adjustable from zero to full range;
(3) Be capable
of providing a chlorine dosage equivalent to 100% of the total daily
requirement during peak bather load;
(4) Be
installed according to manufacturer’s instructions; and
(5) Maintain
the saline content of the pool or spa water in the required range specified by
the manufacturer.
(e) Gaseous chlorine shall not be used as a
disinfection method.
(f) Stabilized chlorine or bromine shall not be used as a
disinfection method for indoor facilities.
(g) Each disinfection unit and ECG shall be:
(1) Installed
in accordance with the manufacturer's instructions; and
(2) Wired such
that the chemical feed equipment cannot operate when circulation flow stops.
Source. #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly
Env-Wq 1106.08)
Env-Wq 1109.09
Turn-over Rates.
(a) Any swimming pool installed on or after May
1, 2014 shall have a minimum circulation flow rate of one pool water turnover
every 6 hours.
(b) If any swimming pool installed prior to May
1, 2014 that, when operated in accordance with these rules cannot consistently
maintain water quality, is substantially modified after the 2021 effective date
of this chapter, the final minimum circulation flow rate shall be one pool
water turnover every 6 hours.
(c) For swimming pools installed prior to May 1,
2014 and not substantially modified thereafter, the following shall apply:
(1) Any
swimming pool with an average water depth of greater than 4 feet shall have a
minimum circulation flow rate of one pool water turnover every 8 hours; and
(2) Any
swimming pool with an average water depth of 4 feet or less shall have a
minimum circulation flow rate of one pool water turnover every 6 hours.
(d) Turnover rates for water covering an
underwater shelf shall be as specified in Env-Wq 1108.20(b)(5).
Source. #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly
Env-Wq 1106.09)
PART Env-Wq 1110
Env-Wq
1110.01 Minimum Spa Dimensions.
(a) The maximum water depth of a spa shall
be 4 feet measured from the water line.
(b) The maximum depth of any seat or bench in a spa shall
be 2 feet measured from the water line.
(c) The floor slope of a spa shall not exceed one foot in
12 feet.
(d) Spas shall be provided with suitable
handholds around their perimeter in areas where water depths exceed 3 feet 6
inches.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1107.01)
Env-Wq 1110.02 Materials and
Methods of Construction.
(a) The selection of all materials for components
and accessories to be used in and around spas shall be such that all parts with
external surfaces and edges that may come in contact with the user are
assembled, arranged, and finished so that they will not constitute a cutting,
pinching, puncturing, or abrasion hazard under casual contact.
(b) The selection of component and accessory materials
to be used in and around spas shall be such that the assembled and installed
product shall:
(1) Not be
toxic to man or harmful to the environment; and
(2) Be
chemically compatible with the materials and environment contacted under
intended use conditions.
(c) Spa surfaces shall be smooth, abrasion free,
readily cleanable, and slip-resistant where intended for footing.
(d) Each component of a spa, including all
components of the circulation system, shall:
(1) Comply with
Env-Wq 1108.22(a)(1);
and
(2) Be
installed in accordance with its manufacturer’s specifications.
Source. (See Revision Note
#1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter
heading for Env-Wq 1100) (formerly Env-Wq 1107.02)
Env-Wq 1110.03 Spa Inlets, Outlets, and Pumps.
(a) Inlets for spas shall be arranged so as to
provide uniform circulation and uniform disinfectant residual.
(b) A minimum of 2 inlets shall be provided for
each spa, with inlets added as necessary to accommodate the designed flow rate.
(c)
Spa inlets shall be adjustable to allow for changes in direction of
flow.
(d) A minimum of 2 outlets shall be provided for
each pump in the spa’s circulation system.
(e) The outlets shall be:
(1) Separated
by a minimum of 3 feet or located on 2 different planes;
(2) Connected to a
common pipe through a tee configuration located such that the drains are
hydraulically balanced;
(3) Provided
with a cover that complies with ANSI/APSP/ICC-16, 2011, available as noted in
Appendix B; and
(4) Protected as required by the VGBA, available at https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter106&edition=prelim
and its implementing regulations at 16 CFR § 1450, available at https://www.ecfr.gov/cgi-bin/text-idx?SID=1410c3f48d73aa2683c546eab89a43b5&mc=true&node=pt16.2.1450&rgn=div5.
(f) Piping of the spa’s drain outlet shall be
capable of handling 100% of the circulation.
(g) Each pump shall be equipped with a vacuum and
pressure gauge that is separate from the pressure gauge associated with the
filter.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1107.03)
Env-Wq 1110.04
Spa Circulation Systems.
(a)
A spa shall be operated with a continuous overflow.
(b)
The
circulation system of a spa shall be separate from that of any companion pool(s).
(c) The
circulation system of a spa shall maintain water quality to the standards
specified in Env-Wq 1108.12 and Env-Wq 1108.13.
(d)
The flow rate through the spa’s skimmers shall be designed to:
(1) Provide more than 50% of the total turnover
rate; and
(2) For each skimmer, not exceed the maximum flow
rate of the
skimmer as certified by its manufacturer.
(e)
The minimum acceptable width for the intake throat of a skimmer used in
a spa, measured at the weir location, shall be 5 inches.
(f)
Where surface skimmers are used as the spa’s sole overflow system, one
surface skimmer shall be provided for each 100 square feet or fraction thereof
of the spa’s surface area with no less than 2 skimmers total.
(g)
Skimmers used in a spa shall:
(1) Be located so as to maintain effective
skimming action over the entire surface area of the spa; and
(2) Have proportioning valves that are
adjusted such that the flow rate through the skimmers removes debris from the
water surface.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1107.04)
Env-Wq 1110.05 Spa Filter
Requirements.
(a) The filter system for a spa shall meet the
same requirements as specified in Env-Wq 1109.07.
(b) A spa shall have a filtration system with piping, pumps,
filters, disinfection and other equipment which maintain water quality to the standards
of Env-Wq 1108.12 and Env-Wq 1108.13.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1107.05)
Env-Wq 1110.06 Disinfection. A spa shall meet the same disinfection
requirements as specified in Env-Wq 1109.08.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1107.06)
Env-Wq
1110.07 Turn-over Rate. A spa shall be operated so as to circulate,
filter,
and disinfect the entire volume of spa water no less than once every 30
minutes.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1107.07)
PART Env-Wq 1111
DESIGN AND CONSTRUCTION FEATURES for wading poolS
Env-Wq 1111.01 Minimum
Wading Pool Dimensions.
(a) The maximum water depth of a wading pool
shall be 2 feet measured from the water line.
(b) The floor slope of a wading pool, if any,
shall not exceed one foot in 12 feet.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1108.01)
Env-Wq 1111.02 Materials of
Construction.
(a) The selection of all materials for components
and accessories to be used in and around wading pools shall be such that all
parts with external surfaces and edges that may come in contact with the user
are assembled, arranged, and finished so that they will not constitute a
cutting, pinching, puncturing, or abrasion hazard under casual contact.
(b) The selection of component and accessory
materials to be used in and around wading pools shall be such that the
assembled and installed product shall not be toxic to man or harmful to the
environment and shall be chemically compatible with the materials and
environment contacted under intended use.
(c)
Wading pool surfaces shall be smooth, abrasion free, readily cleanable,
and slip-resistant.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1108.02)
Env-Wq 1111.03 Wading Pool
Inlets and Outlets.
(a) Each component of a wading pool, including all components of the
circulation system, shall:
(1) Comply with
Env-Wq 1108.22(a)(1);
and
(2) Be
installed in accordance with its manufacturer’s specifications.
(b) Non-circulated wading pools shall not
be permitted.
(c) Inlets and drains for wading pools shall
provide for uniform circulation and uniform disinfectant residual, in
accordance with Env-Wq 1109.03 through Env-Wq 1109.06.
(d) One inlet shall be provided for each 20 feet
of wading pool perimeter, with a minimum of 2 inlets.
(e) A minimum of 2 drain outlets shall be
provided for each pump in the wading pool’s circulation system.
(f)
The wading pool’s outlets shall be:
(1) Separated by
a minimum of 3 feet or located on 2 different planes;
(2) Connected to a
common pipe through a tee configuration located such that the drains are
hydraulically balanced;
(3) Provided
with a cover that complies with ANSI/APSP/ICC-16, 2011, available as noted in
Appendix B; and
(4) Protected as required by the VGBA, available at https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter106&edition=prelim, and its implementing regulations, 16 CFR § 1450,
available at https://www.ecfr.gov/cgi-bin/text-idx?SID=1410c3f48d73aa2683c546eab89a43b5&mc=true&node=pt16.2.1450&rgn=div5.
(g) The total velocity through the wading pool’s
drainage grate openings shall not exceed 1.5 fps.
(h)
Piping of the wading pool’s drain outlet shall be capable of handling
100% of the circulation.
(i)
If the circulation system on a wading pool does not comply with (a)
through (h), above, the owner shall close the wading pool until such time as
the requirements of (a) through (h), above, are met.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1108.03)
Env-Wq 1111.04
Wading Pool Circulation Systems.
(a)
The circulation system of a wading pool shall be separate from that of
any companion pool(s).
(b)
Return lines, main drain lines, and surface overflow system lines, shall
each be equipped with proportioning valves.
(c)
The flow rate through the wading pool’s skimmers shall be designed to:
(1) Provide more than 50% of the total turnover
rate; and
(2) For each skimmer, not exceed the maximum flow
rate of the skimmer as certified by its manufacturer.
(d)
Skimmers used in a wading pool shall:
(1) Be located so as to maintain effective
skimming action over the entire water surface of the wading pool; and
(2) Have proportioning valves that are adjusted such
that the flow rate through the skimmers removes debris from the water surface.
(e) The
minimum acceptable width for the intake throat of a wading pool’s skimmer, measured at the
weir location, shall be 5 inches.
(f)
Where surface skimmers are used as the sole overflow system, one surface
skimmer shall be provided for each 100 square feet or fraction thereof of the
wading pool’s surface area with no less than 2 skimmers total.
(g)
The circulation system shall maintain wading pool water quality in
accordance with Env-Wq 1108.12 and Env-Wq 1108.13.
(h)
Recreational features such as small slides and toy animals placed within
a wading
pool shall not interfere with the proper water circulation in the
wading pool.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at
chapter heading for Env-Wq 1100) (formerly Env-Wq 1108.04)
Env-Wq 1111.05 Wading Pool
Filter Requirements.
(a) The filter system for a wading pool shall
meet the same standards as specified in Env-Wq 1109.07.
(b)
The filtration system shall maintain wading pool water quality in
accordance with Env-Wq 1108.12 and Env-Wq 1108.13.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff -5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1108.05)
Env-Wq
1111.06 Disinfection. Wading pools shall meet the same disinfection
requirements as specified in Env-Wq 1109.08.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1108.06)
Env-Wq 1111.07 Turn-over
Rate.
(a) Any wading pool with a maximum water depth
greater than 12 inches shall have a minimum circulation flow rate of one pool
water turnover per 4 hours.
(b) Any wading pool with a maximum water depth 12
inches or less shall have a minimum circulation flow rate of one pool water
turnover per one hour.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1108.07)
PART Env-Wq 1112
DESIGN AND CONSTRUCTION FEATURES for special Recreation poolS
Env-Wq
1112.01 Special Recreation Pool Minimum Dimensions.
(a)
The water depth at the end of the flume and for 20 feet minimum straight
distance from the end of the flume shall be 3 feet.
(b)
A non-slip entrance into and exit from the special recreation pool water shall be
provided.
(c)
There shall be a minimum distance of 5 feet between a slide and
the side
wall of the
receiving pool.
(d) There
shall be a minimum distance of 6 feet between slides that discharge to
the same receiving pool.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1109.01)
Env-Wq 1112.02 Materials of
Construction. Materials for special
recreation pools shall be in accordance with Env-Wq 1109.02.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1109.02)
Env-Wq
1112.03 Hydraulic Design.
(a) Hydraulic design for special recreation pools
shall be in accordance with Env-Wq 1109.03 through Env-Wq 1109.06.
(b) Slide pump intakes shall be in a reservoir
separate from the receiving pool.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1109.03)
Env-Wq 1112.04 Filter
Requirements. Special recreation
pools shall:
(a)
Meet the same filter requirements as specified in Env-Wq 1109.07;
and
(b) Maintain water quality standards as specified
Env-Wq 1108.12
and Env-Wq 1108.13.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1109.04)
Env-Wq
1112.05 Disinfection. Special recreation pools shall meet the same
disinfection requirements as specified in Env-Wq 1109.08.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1109.05)
Env-Wq
1112.06 Turn-over Rate.
Circulation flow rates shall be one turnover per hour.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly
Env-Wq 1109.06)
PART
Env-Wq 1113 DESIGN AND CONSTRUCTION FEATURES for therapy poolS
Env-Wq 1113.01 Therapy Pool Minimum Dimensions. Floor configuration for therapy pools may
vary due to the variety of depth needs unique to the use of therapy pools.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1110.01)
Env-Wq
1113.02 Materials of Construction. Materials for therapy pools shall be in
accordance with Env-Wq 1109.02.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1110.02)
Env-Wq 1113.03 Hydraulic Design. Hydraulic design for therapy pools shall be
in accordance with Env-Wq 1109.03 through Env-Wq 1109.06.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1110.03)
Env-Wq
1113.04 Filter Requirements. Therapy pools shall meet the same filter
requirements as specified in Env-Wq 1109.07 and shall maintain water quality
standards as specified Env-Wq 1108.12 and Env-Wq 1108.13.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1110.04)
Env-Wq
1113.05 Disinfection. Therapy pools shall meet the same
disinfection requirements as specified in Env-Wq 1109.08.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1110.05)
Env-Wq 1113.06 Turn-Over Rates. A therapy pool shall have a minimum
circulation flow rate of one pool water turnover per 4 hours.
Source. (See Revision
Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577,
eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by
#13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
(formerly Env-Wq 1110.06)
PART Env-Wq 1114 PBF EMERGENCY CLOSURE PROCEDURE
Env-Wq 1114.01 Purpose. The purpose of this part is to implement RSA
485-A:27, II relative to emergency closures of PBFs.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1114.02 Grounds for an Emergency
Closure. As specified in RSA
485-A:27, II(a), violation of the following standards shall form the basis for
an emergency closure order:
(a) Bacteriological water quality standards, as
specified in Env-Wq 1108.12;
(b) Chemical water quality standards, as
specified in Env-Wq 1108.13(a)(1), (6), (7), (8), (10), and (b);
(c) Physical water quality standards, as
specified in Env-Wq 1108.13(a)(2), and (5); and
(d) Patron safety requirements relating to:
(1) Emergency
response, as specified in Env-Wq 1107.04(c) or Env-Wq 1107.05(b), as applicable;
(2) Emergency
rescue equipment, as specified in Env-Wq 1107.06(a)(1) and (2);
(3) First aid
kits, as specified in Env-Wq 1107.06(a)(3);
(4) Suction
outlet covers/grates, as specified in Env-Wq 1109.04(g); and
(5) Security
fencing, as specified in Env-Wq 1108.08 or Env-Wq 1108.09, as applicable.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1114.03
Closing Procedure.
(a)
If as a result of an on-site inspection the department determines that
one or more of the violations noted in Env-Wq 1114.02 are present and that the
deficiencies threaten the health or safety of patrons of the facility, the
department shall:
(1) Issue an emergency closure notice to the PBF
owner or the owner’s on-site representative; and
(2) Make all reasonable attempts to notify the
local health officer immediately and provide a copy of the notice as soon as
practicable.
(b)
The notice issued shall state with specificity:
(1) The identity of each pool and spa to be
closed;
(2) The violation(s) that form the basis of the
closure notice for each pool and spa;
(3) The
action(s) the department requires the PBF owner to take to correct all
identified violations; and
(4) How to
reopen the PBF once all deficiencies have been corrected.
(c) As required by RSA 485-A:27, II(c), upon
receipt of an emergency closure notice, the PBF owner shall:
(1) Immediately
close each identified pool and spa; and
(2) Not reopen
the pool until each deficiency cited in the emergency closure notice has been
corrected and the department has confirmed the corrections.
(d) As provided in RSA 485-A:27, II(d):
(1) If an owner
believes an emergency closure notice has been issued in error, the owner shall
notify the department in writing, which may be sent by email, fax, United
States Postal Service delivery, or private delivery;
(2) The written
notice shall identify each reason why the owner or operator believes the
emergency closure notice is not appropriate; and
(3) The
department shall provide the owner or operator with an opportunity for an
adjudicative hearing within 10 days of receiving the written notice.
(e)
If a hearing pursuant to (d), above, is held and the PBF owner is
aggrieved by the decision of the department after the hearing, the owner may
appeal the decision as an enforcement decision to the water council as provided
in RSA 21-O:14.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1114.04 Reopening Procedure Following
an Emergency Closure.
(a) Once the PBF owner has corrected all
deficiencies listed on the emergency closure notice, the owner shall contact
the department in writing by mail or email to:
(1) Inform the department
of what actions have been taken to address the identified violations, which
shall include water quality test results if water quality standard violations
formed the whole or partial basis for the emergency closure notice; and
(2) Request a
follow-up inspection and water test, as applicable.
(b) Within 10 days of receiving a request
pursuant to (a), above, the department shall review the request to determine if
the PBF is ready to reopen, provided that the department shall conduct an
inspection if necessary to confirm that the violations have been corrected.
(c) If the PBF owner has corrected all
violations, the department shall notify the owner that the PBF may be reopened.
(d) If the PBF owner has not corrected all
violations, the department shall not allow the facility to reopen, and shall
provide the owner with a list of further actions to be taken in order to come
into compliance.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
PART Env-Wq 1115
EQUIVALENT PROGRAMS
Env-Wq 1115.01 Purpose. The purpose of this part is to:
(a)
Implement RSA 485-A:26, IV relative to equivalent municipal programs of
sampling and analysis; and
(b)
Establish a process whereby municipalities may voluntarily establish
inspection programs that are equivalent to the department’s so as to have more
direct oversight of the municipality’s own PBFs, and, if desired, the other
PBFs within the municipality.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1115.02 Equivalent Program Request For Approval
Process.
(a) Any municipality that wishes to establish an
equivalent program of sampling and analysis shall submit to the department a
written request for approval that contains the information specified in Env-Wq
1115.03 and is signed as specified in (c) and (d), below;
(b) The municipality shall submit the materials
required by (a), above, to the department using an online portal, which when
available will be accessible via www.des.nh.gov,
or at the following address:
DES Water
Division
29 Hazen
Drive
P.O. Box
95
Concord,
NH 03302-0095
Attn: PBF
Program Manager
(c) An authorized representative of the
municipality shall sign and date the request.
If the request is submitted electronically, the submittal itself shall
constitute the signature and the date shall be the date of receipt by the
department.
(d) The signature shall constitute certification
that:
(1) The
information provided is true, complete, and not misleading to the knowledge and
belief of the signer; and
(2) The signer
understands that:
a. The
submission of false, incomplete, or misleading information is grounds for
denying the application or revoking any approval that is issued based on the
information; and
b. That he or
she is subject to the penalties established in New Hampshire law for making
unsworn false statements.
Source. #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for
Env-Wq 1100)
Env-Wq 1115.03 Equivalent Program Request for Approval
Contents. The request for approval of an equivalent program of sampling and
analysis shall include the following information:
(a) The name of the municipality submitting the
application;
(b) The name, title, mailing address, email
address, and daytime telephone number of the authorized representative for the
municipality’s program;
(c) A plan detailing how the municipality will
conduct sampling and analysis for biological and chemical water quality that is
equivalent to the department’s;
(d) A timeline for training all staff to be
involved in sampling and analysis or a request for such training from the
department;
(e) The date by which the municipality intends to
implement its equivalent program; and
(f) Whether the municipality intends to implement
the program with respect to only those PBFs owned by the municipality or also
to all other PBFs in the municipality.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1115.04 Optional Inspection Program. A municipality seeking approval for an
equivalent program of sampling and analysis may also seek approval for an
equivalent program of inspections by providing the following information:
(a) A plan detailing how the municipality will
conduct inspections that are equivalent to the department’s in the areas listed
in Env-Wq 1114.02(c)-(d);
(b) A timeline for training all staff to be
involved in the inspections or a request for the department to provide such
training; and
(c) Whether the municipality intends to implement
the program with respect to only those PBFs owned by the municipality or also
to all other PBFs in the municipality.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq 1115.05 Review of Requests.
(a) Upon receiving a complete request as
specified in Env-Wq 1115.02, with or without the optional information as
specified in Env-Wq 1115.04, the department shall review the request.
(b) The department shall approve the proposed
equivalent program if the department determines that the proposed program is
equivalent to the department’s.
(c) The department shall inform the applicant of
its decision in writing. If the
application is denied, the decision shall state the reasons(s) for the denial.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1115.06 Maintaining Equivalent
Program Status. In order for a
municipality to maintain its status as an equivalent program, it shall:
(a) Have available to the department, all
sampling and analysis records and, if an inspection program was approved, all
inspection reports and related documents for not less than 3 years;
(b) Update the department of any changes in the
staff responsible for the sampling and analysis program and, if applicable, the
inspection program within 30 days of the change; and
(c)
Notify the department annually of the municipality’s intent to continue
the equivalent program no later than May 1st of each year.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1115.07 Effect of Approved Equivalent
Program. The following shall apply
in any municipality that has an approved equivalent program:
(a) If the approved program is for sampling and
analysis only, the department shall continue to inspect all PBFs in the
municipality for compliance with the areas covered by Env-Wq 1114.02(c)-(d);
and
(b) If the approved program is for municipal PBFs
only, the department shall continue to inspect all other PBFs in the
municipality.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
Env-Wq
1115.08 Suspension or Revocation of
Approval.
(a) If the department receives information that
supports a determination that the municipality is not implementing an approved
program in accordance with the approval, the department shall initiate an
adjudicative proceeding under RSA 541-A:31 and Env-C 200 to provide an
opportunity to the municipality to show cause why the approval should not be
revoked.
(b) The notice issued to initiate the action
shall inform the municipality:
(1) That the department is proposing
to suspend or revoke the approval;
(2) Of the grounds on which the
department’s proposed action is based; and
(3) Of the deadline for
requesting a hearing at which the municipality may show cause why the approval
should not be suspended or revoked.
(c) If as a result of the proceeding initiated
under (a), above, the department determines that the municipality is not
implementing the approved program in accordance with the approval but that the
municipality can change how it is implementing the program to comply with the
approval, the department shall suspend the approval until the municipality
provides proof that it has corrected the deficiencies.
(d) If the department suspends the approval, the
decision issued pursuant to (g), below, shall:
(1) Specify a reasonable time in
which the municipality can correct the deficiencies that formed the basis for
the suspension; and
(2) Notify the owner that if the deficiencies
are not corrected within the time specified, the approval shall be revoked.
(e) A decision to suspend an approval pending correction
of deficiencies shall not
be considered a final decision from which an appeal may be taken.
(f) If as a result of the proceeding initiated
under (a), above, the department determines that the municipality is not
implementing the approved program in accordance with the approval and that the
municipality cannot or will not change how it is implementing the program to
comply with the approval, the department shall revoke the approval.
(g) The department shall issue a
written decision to the municipality. If
the approval is suspended or revoked, the decision shall specify the reason(s)
for the decision.
(h) A municipality whose approval has been
suspended pursuant to this section shall not conduct any sampling and analysis
or other inspections until the approval has been reinstated.
(i) A municipality whose approval has been
revoked that wishes to resume an equivalent program shall apply as specified in
Env-Wq 1115.02, provided that in addition to the required information, the
municipality shall provided a clear and concise written explanation as to what
has been done to correct the situation or circumstances that previously
prevented it from implementing the program as approved.
Source. #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)
PART
Env-Wq 1116 WAIVERS
Env-Wq 1116.01 Purpose. The purpose of this part is to accommodate
situations where:
(a) Strict compliance with the requirements in
this chapter would result in a design or method of operation that is not in the
best interests of public health or the environment; or
(b) An alternative method or material is
available that would provide at least the same degree of protection to public
health and the environment as the method or material specified.
Source. #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly
Env-Wq 1111.01)
Env-Wq 1116.02 Request for Waiver.
(a) Any owner of a public bathing place who
wishes to request a waiver of one or more specific requirements of this chapter
shall submit a request for a waiver to the department in writing as set forth in this
section.
(b)
A request to waive a design requirement shall be submitted with the
application filed pursuant to Env-Wq 1103.02 or as soon thereafter as the need
for the waiver becomes known to the applicant.
(c)
A request to waive an operational requirement may be submitted whenever
the owner becomes aware that a waiver is needed.
(d) The waiver request shall include the
following:
(1) The name,
mailing address, and daytime telephone number of the owner of the public
bathing place to which the request relates and, if available, a fax number and
email address;
(2) The name,
mailing address, and daytime telephone number and, if available, the fax number
and email address of the person requesting the waiver, if other than the owner;
(3) Identification of
the rule for which a waiver is requested;
(4) A full
explanation of why a waiver is necessary, including an explanation of the economic
and operational consequences of complying with the rule as written;
(5) For waivers of operational requirements where
the owner is not proposing to implement an alternative to the stated
requirement, the length of time the owner needs to come into compliance with
the stated requirement;
(6) If the waiver is based on
strict compliance with the rule not being in the best interests of public
health or the environment:
a. An explanation of why strict compliance would
not be in the best interests of public health and the environment; and
b. A description of any alternative methods,
procedures, or designs that will be used in lieu of complying with the rule;
(7) If the waiver is
based on an alternative method or material being available that would
provide at least the same degree of protection to public health and the
environment as the method or material specified:
a. A
description of the proposed method or material; and
b. An
explanation of why the proposed method or material provides the same degree of protection
to public health and the environment as the method or material specified;
(8) Supporting
data for the proposed alternative(s); and
(9) An
explanation of how granting the request would be consistent with the criteria
specified in Env-Wq 1116.03(c).
(e) The requestor shall submit the request to the
department at the address specified in Env-Wq 1103.02(b).
(f) The requestor and the owner, if other
than the requestor, shall sign and date the request.
(g) The signature(s) shall constitute
certification that:
(1) The information provided is true, complete,
and not misleading to the knowledge and belief of the signer; and
(2) The signer understands that:
a. The
submission of false, incomplete, or misleading information is grounds for
denying the waiver request or revoking any waiver that is granted based
on the information; and
b. That he or she is subject to penalties for
falsification in official matters, currently in RSA 641.
Source. #10577, eff 5-1-14
(See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff
5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly
Env-Wq 1111.02)
Env-Wq 1116.03 Review of Request; Criteria for Granting
Request.
(a) The department shall review a request for a
waiver of a design requirement as part of the review of the application
submitted pursuant to Env-Wq 1103.02.
(b) The department shall review a request for a
waiver of an operational requirement within 15 working days of receiving the
request.
(c) The department shall grant a waiver if the
department determines that:
(1) The requirement is not established in a
statute or that the statute which establishes the requirement expressly
authorizes waivers to the requirement to be granted; and
(2) Granting the waiver will not result in a
lower level of protection being afforded to public health or the environment
than complying with the rule as adopted.
(d)
The department shall include such conditions in the waiver as are
necessary to ensure the criteria of (c), above, are met.
(e)
For operational waivers where the owner is not proposing to implement
an alternative to the stated requirement, the department shall specify the
expiration date of the waiver.
(f)
The department shall notify the owner of the decision on the waiver
request in writing. If the request is denied,
the decision shall specify the reason(s) for the denial.
Source. #10577, eff
5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198,
eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly
Env-Wq 1111.03)
Appendix A: State Statutes Implemented
Rule
Section(s) |
Statutory
Section(s) Implemented |
Env-Wq 1100 (see also specific parts below) |
RSA 485-A:26 through 27-a |
Env-Wq 1104 |
RSA 485-A:26, II(b)-(d) |
Env-Wq 1105 |
RSA 485-A:26-a |
Env-Wq 1106 |
RSA 485-A:27-a |
Env-Wq 1114 |
RSA 485-A:27, II |
Env-Wq 1115 |
RSA 485-A:26, IV |
Env-Wq 1116 |
RSA 541-A:22, IV |
Appendix B: Incorporated References
Rule
Section(s) |
Title,
Date |
Obtain at: |
Env-Wq
1106.03(d)(5) Env-Wq 1106.04(b) |
Section 6.1, Model Aquatic Health Code, 3rd edition,
2018 |
U.S. DHHS, Centers
for Disease Control and Prevention Download for
free at: |
|
|
|
|
|
|
Env-Wq 1109.01(a)(1) |
ANSI/APSP-1,
2003 American National Standard for Public Swimming Pools |
The
Association of Pool & Spa Professionals (APSP) 2111
Eisenhower Ave. Alexandria,
VA 22314 [Now merged
with PHTA] ANSI/APSP-1 (2003) - contact department to review |
Env-Wq
1109.01(a)(2) Env-Wq 1109.04(b) Env-Wq 1109.05(e) Env-Wq
1110.03(e)(3) Env-Wq 1111.03(f)(3) |
ANSI/APSP/ICC-1,
2014 American
National Standard for Public Swimming Pools ANSI/APSP/ICC-7, 2013 American National Standard for Suction Entrapment
Avoidance in Swimming Pools, Wading Pools, Spas, Hot Tubs and Catch Basins ANSI/APSP/ICC-16, 2011 American
National Standard for Suction Fitting Assemblies (SOFA) for Use in Pools,
Spas, and Hot Tubs |
Pool and Hot
Tub Alliance (PHTA) 4775 Granby
Cir, Colorado Springs, CO 80919 Phone: (719)
540-9119 ANSI/APSP/ICC-1
(2014) https://www.poolweb.com/media/state_regs/ansi.pdf ANSI/APSP/ICC-7,
$165, https://webstore.ansi.org/standards/apsp/ansiapspicc2013-1508182 ANSI/APSP/ICC-16,
$165, https://webstore.ansi.org/standards/apsp/ansiapspicc162017 |
Appendix C: State Statutory
Definitions
RSA 141-C:2
VI.
“Communicable disease” means illness due to a microorganism, virus, infectious
substance, biological product that may be engineered as a result of
biotechnology, or any naturally occurring or bioengineered component of any
such microorganism, virus, infectious substance, or biological product, which
may be transmitted directly or indirectly to any person from an infected
person, animal or arthropod (including insecta or arachnida) or
through the vehicle of an intermediate host, vector, or inanimate environment.
RSA 485-A:2
IX. “Person”
means any municipality, governmental subdivision, public or private
corporation, individual, partnership, or other entity.
RSA 485-A:26
Swimming Pools and Bathing Places Public Bathing Facilities.
I. In
this section:
(a) “Pool” means a man-made structure and
associated pump, filter, drain, and electrical equipment that is used for
recreational or therapeutic bathing, swimming, diving, or other contact with
the water such as by wading, splashing, tubing, or sliding. "Pool" shall include, but is not
limited to, swimming pools, therapy pools, spas, special recreation pools,
slides, and tubing courses, at hotels, motels, health facilities, water parks,
condominium complexes, apartment complexes, youth recreation camps, public
parks, and recreational campgrounds or camping parks as defined in RSA 216-I:1,
VII. "Pool" shall not include
any pool, spa, or other pool that serves 3 or fewer living units and is used
only by the residents of the living units and their guests, and does not
include baptismal fonts or similar structures owned by a religious organization
and used for religious rituals.
(b) “Public bathing facility” means a pool that
is operated by or for any governmental subdivision, public or private
corporation, partnership, association, or educational institution and that is
open to the public, members, or students, whether for a fee or free.
Appendix D: Additional Definitions
Virginia
Graeme Baker Pool and Spa Safety Act -
Pub. L. 110-140
Sec. 1403. Definitions.
(7)
UNBLOCKABLE DRAIN.—
The term `unblockable drain´ means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard.
ANSI/APSP/ICC-7, 2013
Gravity flow systems are systems that incorporate a
receptacle or container as part of a circulation system that is vented to
atmosphere and receives water from the pool/spa or water feature by force of
gravity, from which the pump draws its water supply. [from definition of vented reservoir]
vented reservoir: A receptacle or container incorporated as part of a
circulation system that is vented to atmosphere and receives water from the
pool/spa or water feature by force of gravity, from which the pump draws its
water supply. Systems including vented
reservoirs are commonly referred to as gravity
flow systems, gravity feed systems,
or gravity drainage systems. Vented reservoirs include but are not limited
to the following: catch pools, surge tanks, collector tanks, skimmers open to
the atmosphere, atmospheric vent, gutters, overflow gutters, or perimeter
gutter systems.
Appendix E: Statutory Provisions
485-A:27-a
Certified Operator Training Required.
I.
Effective January 1, 2022, a public bathing facility shall be operated
only under the supervision of an individual who has successfully completed a
certified pool and spa operator certification program offered by the
Association of Pool and Spa Professionals, National Swimming Pool Foundation,
or other pool and spa operator certification programs approved by the
department.
II.(a)
By January 1, 2022, each owner of a public bathing facility that is open
for 9 months or more in a calendar year shall submit to the department the name
and daytime telephone number including area code of each certified pool
operator engaged by the owner to supervise the pool at the facility. The
submission of this information shall occur as part of the self-certification in
RSA 485-A:26-a.
(b) For facilities that begin operation after
January 1, 2022, the information in subparagraph (a) shall be submitted prior
to beginning operation.