N.H. Code Admin. R. 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. (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. (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:
https://www.cdc.gov/mahc/pdf/2018-MAHC-Code-Clean-508.pdf
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]
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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.