TITLE 7 HEALTH
CHAPTER
18 AQUATIC VENUES
PART 2 PUBLIC AQUATIC VENUES: FEES
7.18.2.1 ISSUING
AGENCY: New Mexico Environmental Improvement Board.
[7.18.2.1
NMAC - Rp, 7.18.2.1 NMAC, 8/1/16]
7.18.2.2 SCOPE:
Owners and operators of public aquatic venues and other public bathing
attractions.
[7.18.2.2
NMAC - Rp, 7.18.2.2 NMAC, 8/1/16]
7.18.2.3 STATUTORY
AUTHORITY: Sections 74-1-1 through 74-1-16 NMSA 1978.
[7.18.2.3
NMAC - Rp, 7.18.2.3 NMAC, 8/1/16]
7.18.2.4 DURATION:
Permanent.
[7.18.2.4
NMAC - Rp, 7.18.2.4 NMAC, 8/1/16]
7.18.2.5 EFFECTIVE
DATE: August 1, 2016, unless a later date is cited
at the end of a section.
[7.18.2.5
NMAC - Rp, 7.18.2.5 NMAC, 8/1/16]
7.18.2.6 OBJECTIVE:
To establish fees for the administration of rules and standards
regarding the inspection, enforcement, training, review of plans, and other
appropriate program components for public aquatic venues and other public
bathing attractions as specified in 7.18.1 NMAC, Public Aquatic Venues: General
Provisions.
[7.18.2.6
NMAC - Rp, 7.18.2.6 NMAC, 8/1/16]
7.18.2.7 DEFINITIONS: [RESERVED]
[See 7.18.1 NMAC for Definitions.]
7.18.2.8 ADOPTION
BY REFERENCE: Outside standards, listings, and publications
referenced in this rule are part of this rule.
[7.18.2.8
NMAC - Rp, 7.18.5.8 NMAC, 8/1/16]
7.18.2.9 ENFORCEMENT
AUTHORITY:
A. Private aquatic venues shall not
be subject to the provisions of this rule or to 7.18.1 NMAC.
B. Department representatives shall be responsible
for the enforcement of this rule.
[7.18.2.9
NMAC - Rp, 7.18.5.9 NMAC, 8/1/16]
7.18.2.10 CONSTRUCTION
PERMIT FEES:
A. Permit fees for new construction, remodeling, or
renovation issued pursuant to Section 7.18.1.12 NMAC, Construction Permits,
shall be the following:
(1) for a class A, class B, class C, or class D aquatic venue,
or for a spa, the fee shall be $150.00;
(2) for
multiple class A, class B, class C or class D aquatic venues or spas located in
the same aquatic facility, the fee shall be $150.00 for each aquatic venue;
B. All applicable
fees shall be paid at the time the construction permit application is submitted
to the department.
C. All fees shall be remitted to the department by check or
money order made payable to the “water recreation facilities fund” or “New
Mexico environment department (NMED).”
D. Any check returned for non-payment for any
reason shall result in cancellation of the construction permit.
E. All fees are non-refundable.
[7.18.2.10
NMAC - Rp, 7.18.5.10 NMAC, 8/1/16]
7.18.2.11 OPERATING
PERMIT FEES:
A. Operating permit fees issued pursuant to 7.18.1.14
NMAC, Operating Permits, shall be the following:
(1) for all class A aquatic venues, the fee shall be $150.00 per
year;
(2) for class B aquatic venues, the shall be:
(a) up to 600 square feet of aquatic venue surface area, $100.00
per year;
(b) from 601 square feet to 1000 square feet of aquatic venue
surface area, $125.00 per year;
(c) from 1001 square feet of aquatic venue surface area and
greater, $150.00 per year;
(3) for all class C aquatic venues, the fee shall be $150.00 per
year.
(4) for all class D aquatic venues, the fee shall be $150.00 per
year.
(5) for all public spas, the fee shall be $150.00 per year.
B. Payment of fees.
(1) An
operating permit fee shall be assessed for each separate aquatic venue at a
facility or site.
(2) Fees
are payable in the month that the permit is to be issued. Operating permits will
not be issued until the department receives all appropriate fees.
(3) All fees shall be remitted to the department
by check or money order made payable to the “water recreation facilities fund”
or “New Mexico environment department (NMED).”
(4) Non-payment
of all appropriate fees, including the return of any check for non-payment for
any reason, shall result in cancellation of the operating permit.
(5) All
fees are non-refundable.
[7.18.2.11
NMAC - Rp, 7.18.2.11 NMAC, 8/1/16]
7.18.2.12 RE-INSPECTION
PENALTY: If a site inspection results in the issuance of a written notice of
non-approval or suspension, the department may assess a re-inspection penalty
of $50.00 to re-inspect each public aquatic venue in the aquatic facility. For
each additional re-inspection required, an additional $50 will be added to the
re-inspection penalty for each aquatic venue, up to $250 per aquatic venue per
year. The re-inspection fee shall be remitted to the department prior to a
subsequent re-inspection being conducted. Re-inspection penalties shall not be
charged for aquatic venues that have been closed for 30 days or more and
require a re-opening inspection.
[7.18.2.12
NMAC - Rp, 7.18.5.12 NMAC, 8/1/16]
7.18.2.13 VARIANCE
FEE: If a variance
is requested pursuant to 7.18.2.22 NMAC, Variance, an application fee of $50.00
shall be remitted by the applicant at the time the variance application is
submitted to the department. The fee is non-refundable.
[7.18.2.13
NMAC - Rp, 7.18.5.13 NMAC, 8/1/16]
7.18.2.14 RIGHT
OF ENTRY:
A. Upon presentation of credentials, department
representatives may enter any premises where a public aquatic venue is located
or where records required by the aquatic venue rules are located during the aquatic
venue’s operating hours.
B. When entry is denied by the property owner, the
department may seek a district court order to:
(1) have a right of entry to, upon, or
through any premises where a public aquatic venue is located;
(2) have a right of entry on any premises
where any records required by the aquatic venue rules or by permit condition
are kept;
(3) have access to and copy any
records that the aquatic venue rules or a permit requires the facility to
maintain;
(4) inspect any
premises or equipment to determine compliance with the aquatic venue rules or
any permit condition; and
(5) obtain any sample(s) required to
determine compliance with the aquatic venue rules or any permit condition.
[7.18.2.14
NMAC - Rp, 7.18.5.14 NMAC, 8/1/16]
7.18.2.15
to 7.18.2.50 [RESERVED]
7.18.2.51 CONSTRUCTION: This part shall be liberally construed to carry out its purpose.
[7.18.2.51
NMAC - Rp, 7.18.5.51 NMAC, 8/1/16]
7.18.2.52 SEVERABILITY: If any provision or application
of this part is held invalid, the remainder of this part, or its application to
other situations or persons, shall not be affected.
[7.18.2.52
NMAC - Rp, 7.18.5.52 NMAC, 8/1/16]
7.18.2.53 REFERENCES
IN OTHER REGULATIONS: Any reference to the aquatic
venue regulations or any prior version of the aquatic venue regulations in any
other rule shall be construed as a reference to this rule. References to the “aquatic
venue rules” in this part refer
to all provisions contained in 7.18.1 through 7.18.2 NMAC.
[7.18.2.53
NMAC - Rp, 7.18.5.53 NMAC, 8/1/16]
7.18.2.54 SAVINGS
CLAUSE: Repeal or
supersession of prior versions of this part or the aquatic venue rules shall
not affect any administrative or judicial action initiated under those prior
versions.
[7.18.2.54
NMAC - Rp, 7.18.5.54 NMAC, 8/1/16]
7.18.2.55 COMPLIANCE
WITH OTHER REGULATIONS: Compliance with the aquatic venue rules or this part does not relieve
a person from the responsibility to comply with any other applicable federal,
state, or local regulations.
[7.18.2.55
NMAC - Rp, 7.18.5.55 NMAC, 8/1/16]
7.18.2.56 PENALTY: Any person who violates any
provision of this rule shall be subject to the penalty provisions in Section 74-1-10 NMSA 1978 of the Environmental
Improvement Act, in addition to any other penalties provided for in the aquatic
venue rules.
[7.18.2.56
NMAC - Rp, 7.18.5.56 NMAC, 8/1/16]
7.18.2.57 LIMITATION
OF DEFENSE: The
existence of a valid permit for the installation, modification or operation of
an aquatic venue shall not constitute a defense to a violation of any section
of this regulation, except the requirement for obtaining a permit.
[7.18.2.57
NMAC - Rp, 7.18.5.57 NMAC, 8/1/16]
HISTORY
OF 7.18.2 NMAC:
Pre-NMAC
History: The material in this part was derived from
that previously filed with the state records center and archives:
HSSD
72-2, Swimming Pool Regulations Governing the Sanitary Design, Equipment,
Construction and Operation, filed 9/27/72.
EIB 74-2, Regulations Governing Public Baths and Public and Semi-Public
Swimming Pools, filed 7/15/74.
EIB 76-1,
Regulations Governing Public Swimming Pools And Public
Baths, filed 3/25/76.
History
of Repealed Material:
7 NMAC
18.1, Public Swimming Pools and Public Baths (filed 10/27/1995) repealed
03/30/05.
7.18.2
NMAC, Public Swimming Pools, Spas and Baths:
General Provisions (filed 2/09/05) Repealed 07/30/08.
7.18.2 NMAC, Public Swimming Pools, Spas and Baths: General Provisions (filed 12-2-13) Repealed effective 10-1-2015.
7.18.2
NMAC, Public Swimming Pools, Spas and Baths:
General Provisions (filed 6/12/2008), repealed and replaced by 7.18.1 NMAC,
Public Aquatic Venues: General Provisions, effective 8/1/2016.
Other
History:
EIB 76-1,
Regulations Governing Public Swimming Pools And Public Baths (filed 3/25/76)
was reformatted, renumbered and replaced by 7 NMAC 18.1, Public Swimming Pools
and Public Baths, effective 11/30/1995.
Portions
of 7 NMAC 18.1, Public Swimming Pools and Public Baths (filed 10/27/1995), was
replaced by 7.18.2 NMAC, Public Swimming Pools, Spas and Baths: General Provisions, effective 03/30/05.
7.18.2
NMAC, Public Swimming Pools, Spas and Baths:
General Provisions (filed 2/09/05), was replaced by 7.18.2 NMAC, Public
Swimming Pools, Spas and Baths: General
Provisions effective 07/30/08.
7.18.5
NMAC, Public Swimming Pools, Spas and Baths:
Fees (filed 6/12/2008), repealed and replaced by 7.18.2 NMAC, Public Aquatic Venues: Fees, effective 8/1/2016.