2001 SESSION

01-2354

06/10

HOUSE BILL 1381-FN-A

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill adds definitions of public bathing facilities, public beaches, and certain related terms; and requires licensing for public bathing facilities, public bathing facility operators, and designers and installers. It also establishes fees for licensing and provides for rulemaking authority in the department of environmental services relative to the requirements for licensing.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-2354

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraphs; Definitions. Amend RSA 485-A:2 by inserting after paragraph XXIII the following new paragraphs:

XXIV. "Public bathing facility" means an impervious water-containing structure, together with associated buildings and equipment, intended or used for bathing, swimming or diving purposes, operated for or by any municipality, governmental subdivision, public or private corporation, partnership, association or educational institution and open to the public, members, guests, or students, whether on a fee or free basis. Public bathing facility shall not include any bathing facility used by an individual, family, or living unit members and guests, which serves 3 or fewer living units.

XXV. "Public bathing facility operator" means the individual who has full responsibility for the daily operation of a public bathing facility.

XXVI. "Common interest bathing facility" means any public bathing facility which is part of the common facilities of a common interest ownership community that is established for dwelling purposes only, such as a condominium, cooperative, or homeowners association, and which is operated by such community for the residents thereof and their guests.

XXVII. "Public beach" means an area on a river, lake, pond, or tidal water that is intended or used for bathing or swimming operated for or by any municipality, governmental subdivision, public or private corporation, partnership, association, or educational institution, open to the public, members, guests or students, whether on a fee or free basis.

XXVIII. "Bathing" means to become partially or totally immersed in water.

2 Rulemaking; Public Bathing Facilities. Amend RSA 485-A:6, X to read as follows:

X. The safety standards and licensing requirements for [swimming pools and] public bathing [places] facilities required by RSA 485-A:26.

3 New Paragraphs; Licensing Added. Amend RSA 485-A:26 to read as follows:

485-A:26 [Swimming Pools and Bathing Places] Public Bathing Facilities.

I. No person shall 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,] a public bathing facility unless the construction, design and physical specifications of such [pool or] public bathing [place] facility shall have received prior approval by the department. A fee of $100 shall be paid to the department upon submission of such plans for review. Fees collected under this paragraph shall be deposited with the state treasurer as unrestricted revenue. The commissioner shall adopt rules relative to safety standards to protect persons using said facilities. Nothing in this section shall be deemed to affect the powers of local health officers or the department of health and human services, with respect to nuisances.

II. The department may take samples of the water of any [such] public bathing facility or public beach for analysis to determine compliance with water quality requirements. The costs of such sampling and analysis shall be paid by the owner or operator of such facility or beach. The costs recovered for such sampling shall be deposited in the general fund as unrestricted revenue. The costs recovered for analysis shall be consistent with the fee structure established in RSA 131:3-a and deposited as provided in RSA 131:3-a. Any municipality which establishes a program of sampling and analysis which is equivalent to the department's program shall not be subject to additional sampling and analysis by the department.

III. No person shall operate or maintain a public bathing facility without a license issued by the department. The license shall be conditioned upon the maintenance of clean, healthful sanitary conditions, as determined and approved by the department, and shall be valid only for the calendar year in which it is issued and subject to suspension or revocation at any time for cause. The fee for such license shall be $30 for each facility with a capacity less than 3,000 gallons, $35 for each facility with a capacity of 3,000 gallons or more but less than 16,000 gallons, $45 for each facility with a capacity of 16,000 gallons or more but less than 80,000 gallons, and $60 for each pool with a capacity of 80,000 gallons or more. Fees collected under this paragraph shall be deposited with the state treasurer as unrestricted revenue. The commissioner shall adopt rules under RSA 541-A relative to licensing of public bathing facilities under this section.

IV. A public bathing facility required to be licensed by the department shall be operated by a person licensed by the department. The commissioner shall adopt rules under RSA 541-A relative to licensing of public bathing facility operators and requirements for training and qualifications of such operators. Such licenses shall be renewed annually. The annual license fee shall be $25. Fees collected under this paragraph shall be deposited with the state treasurer as unrestricted revenue.

V. Persons who submit to the department plans for the construction, design and physical specifications of public bathing facilities or who construct public bathing facilities from plans required to be approved by the department shall be licensed by the department. Such licenses shall be renewed annually. The commissioner shall adopt rules under RSA 541-A relative to licensing of designers and installers of public bathing facilities and requirements for training and qualifications of such designers and installers. The fee for such license shall be $100 for a designer and $100 for an installer. Fees collected under this paragraph shall be deposited with the state treasurer as unrestricted revenue.

4 Injunction; Public Bathing Facility. Amend RSA 485-A:27 to read as follows:

485-A:27 Injunction. Any person operating or maintaining a youth camp or public [swimming pool or] bathing [place] facility without the same having been approved by the department may be enjoined by the superior court or any justice of the court upon petition brought by the attorney general.

5 Effective Date. This act shall take effect July 1, 2002

LBAO

01-2354

9/19/01

HB 1381-FN-A - FISCAL NOTE

FISCAL IMPACT: