New Mexico Administrative Code

A. The department may suspend a permit at any time when it determines that there is a violation that may affect public health or safety. B. Whenever a permit holder or operator has failed to comply with any of the requirements of this rule, the permit holder or operator shall be …

A. Any person whose permit has been suspended may make application for reinstatement of the permit in writing to the department. Within five working days following receipt of such a request, a department representative shall inspect the aquatic venue or premises or both. If the a…

A. A permit may be revoked when: (1) it appears that a violation may affect public health or safety; (2) any conditions of a permit are violated; (3) there are willful or repeated violations of any of the requirements in the aquatic venue rules; (4) the permit has been obtained t…

Owners and operators of public aquatic venues or other public bathing attractions.

A. Hearings provided for in the aquatic venue rules shall be held within 15 working days of a petitioner's delivery of a hearing request to the department. B. Hearings provided for in this regulation shall be conducted in accordance with 20.1.5 NMAC.

A. The department may grant a variance from the design and construction or operation and maintenance provisions of the aquatic venue rules through written permission for the use of alternative measures that will provide public health and safety protection that is equal to or grea…

A. An approved variance shall be void one year after the date of approval if the permitted activities granted thereby have not been utilized. If the department voids a variance for any reason, the department will serve written notice on the permit holder. B. The department may vo…

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 owne…

When swim teams and swimming exercise classes are the only users of an aquatic facility, in lieu of a qualified lifeguard the owner or designated agent may allow substitution of a swim coach attendant, who is certified by the American red cross or an equivalent organization in fi…

A. Testing equipment: (1) All public aquatic venues shall have fully functional water quality testing devices for measuring the pH, free and combined chlorine concentration, or bromine, (or concentration of other approved disinfectant), and cyanuric acid if stabilized chlorine is…

Owners of aquatic venues that are used for public events at sports fields, county fairs, portable pools and similar special uses shall be reviewed by the department on an individual case basis. The department may require special conditions as part of approval of such pools to ass…

Sections 74-1-1 through 74-1-16 NMSA 1978.

Permanent.

August 1, 2016, unless a later date is cited at the end of a section.

This part shall be liberally construed to carry out its purpose.

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.

Any reference to the aquatic venue regulations or to 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.…

Repeal or supersession of prior versions of this part or the public swimming pool rules shall not affect any administrative or judicial action initiated under those prior versions.

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.

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.

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 rule, except the requirement for obtaining a permit.

To protect public health and safety by establishing standards and provisions for the regulation of public aquatic venues and other public bathing attractions.

A. Private aquatic venues shall not be subject to the provisions of this regulation or 7.18.2 NMAC, Aquatic Venues: Fees. B. Authorized department representatives shall be responsible for the enforcement of this rule.

Except as otherwise provided, the United States department of health and human services center for disease control and prevention Model Aquatic Health Code, 1st Edition is hereby incorporated by reference.

New Mexico Environmental Improvement Board.

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,…

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, $10…

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 $…

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.

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 owne…

Owners and operators of public aquatic venues and other public bathing attractions.

Sections 74-1-1 through 74-1-16 NMSA 1978.

Permanent.

August 1, 2016, unless a later date is cited at the end of a section.

This part shall be liberally construed to carry out its purpose.

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.

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 N…