1. (a) The licensee shall assure that there is a safe supply of water under pressure, which is available for drinking, cooking, and household use.
2. (b) Hot water under pressure, which measures at least 100 degrees Fahrenheit, shall be available at all sinks, showers, and bathtubs located in living space that is used by residents during operating hours.
3. (c) Hot water at taps that are accessible to residents shall be regulated to maintain a temperature at the tap of not higher than 120 degrees Fahrenheit.
4. (d) Programs that have their own independent water supply and are not considered to be public water systems as defined in RSA 485:1-a, XV and confirmed by the New Hampshire department of environmental services (NHDES), shall test their water supply utilizing a laboratory accredited under the environmental laboratory accreditation program in accordance with Env-C 300.
5. (e) For new applicants of programs as described in (d) above , not more than 90 days prior to the date the application is submitted to the unit, water testing shall be conducted for arsenic, bacteria, nitrate, nitrite, lead, both stagnant and flushed, copper, both stagnant and flushed, fluoride, uranium, radon, manganese, and PFAS, and provide the results to the unit with the application.

6. (f) Ongoing water testing shall be conducted as follows and results maintained on file at the program, available for review by the health officer and the department:

   1. (1) Once every 3 months for bacteria;
   2. (2) Annually for arsenic, nitrate, and nitrite; and
   3. (3) At least once every 3 years for stagnant lead, stagnant copper, fluoride, and manganese.
7. (g) Any program whose water test results has exceeded maximum contaminant levels established in Env-Dw 700 or action levels established in Env-Dw 714 shall immediately contact the unit to report that finding and provide the unit with a plan for how it will ensure that residents will not be at risk from exposure to the unsafe water.
8. (h) Within 30 days of the date the program learns that they have failed a water test the program shall submit to the unit an acceptable corrective action plan which details what action will be taken to correct the unsafe condition of the water and a date by which that action will be complete, unless the program requests, either verbally or in writing, and the unit agrees to extend that deadline.
9. (i) The unit shall extend the deadline in (h) above if it determines that the program can demonstrate that it has made a good faith effort to develop and submit the corrective action plan within the 30-day period but has been unable to do so and that the health, safety, or well-being of the residents will not be jeopardized by granting the extension.
10. (j) When a program fails to submit a written proposed corrective action plan within 30 days of receiving the unacceptable test result under (h) above, the unit shall initiate action to suspend the license or permit in accordance with He-C 4001.09(i), until such time as laboratory results meeting those requirements are received by the unit.
11. (k) Programs shall ensure that there are functional sewage disposal facilities.
12. (l) There shall be flush toilets in working order connected to a sewage disposal system.
13. (m) Any program whose septic system is showing signs of failure, shall immediately contact the unit and the local health officer to inform them of the problem, and provide an interim corrective action plan to include a timeline for repairs and how it will ensure that residents will not be exposed to any risks from the failed septic system.
14. (n) If a program determines that it cannot comply with the timeline for repairs as required in (m) above, it shall request an extension from the unit.
15. (o) The unit shall grant the extension in (n) above if the program provides a written plan for completion of the repairs, and the safety and well-being of the residents is maintained.
16. (p) At least once each day and whenever visibly soiled, sinks, toilets, commodes, foot stools, potty chairs, and adapters shall be cleaned to remove visible dirt and sanitized.
17. (q) Toilet paper, individual cloth or paper towels, and individual bar or liquid soap shall be available and accessible to residents and staff.
18. (r) Bathroom floors and other surfaces shall be cleaned at least weekly, and more often when obviously soiled.

19. (s) Programs serving diapered residents and residents who are not toilet trained shall have a designated diaper changing area that:

    1. (1) Is not located in kitchens, food preparation or food service areas, or on surfaces where food is prepared or served;
    2. (2) Is located adjacent to or in close proximity to a hand washing sink to allow access for hand washing without having to open doors or have physical contact with other residents;
    3. (3) Has a non-porous, washable surface, which shall be sanitized after each diaper change and used exclusively for diaper changing;
    4. (4) Contains a foot-activated receptacle for disposal of soiled disposable diapers and cleansing articles; and
    5. (5) Is equipped with a sink used for adult and resident hand washing before or after diaper changing or toileting.

Source. #2664, eff 3-30-84, EXPIRED: 3-30-90 New. #8581, eff 4-20-06, EXPIRED: 4-20-14 New. #10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; ss by #14214, eff 4-1-25