[HISTORY: Adopted by the Town of Bedford as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-5-1974 by Art. 5; amended in its entirety11-6-2019 by Ord. No. 2019-05]
Every person owning land in the Town of Bedford on which there is situated a swimming pool which contains 24 inches or more of water in depth at any point shall erect and maintain thereon an adequate enclosure either surrounding the property or pool area, sufficient to make such body of water inaccessible to small children.
A. 
Enclosure specifications.[1] Such enclosure, including gates therein, must be not less than four feet above the underlying ground; and
[1]
Editor's Note: Enclosure specifications are defined in the state adopted edition of the International Swimming Pool and Spa Code.
B. 
Gates specifications.[2] All gates must be self-latching with latches placed four feet above the underlying ground or otherwise made inaccessible from the outside to small children.
[2]
Editor's Note: Gates specifications are defined in the state adopted edition of the International Swimming Pool and Spa Code.
The penalty for violation of this article shall be a fine of $100 for each offense. Each day during which this article is not complied with shall constitute a separate offense.
[Adopted 11-14-2007; amended in its entirety 11-6-2019 by Ord. No. 2019-05]
A. 
As permitted by RSA 31:39 and RSA 485-A:26, this article shall regulate the operation of all swimming pools, recreational spas, hot tubs, and natural bathing areas that meet the definitions of public bathing places and facilities as defined in this article. Such facilities regulated by this chapter shall be referred to herein as "public pools" or "public spas."
B. 
All public pools and spas shall be maintained and operated at all times in accordance with New Hampshire Code of Administrative Rules, Env-Wq 1100 Public Bathing Places. Copies of the Code are available for review electronically on the Health Department web pages.
C. 
If any requirement in Env-Wq 1100 conflicts with any Town ordinance, the more stringent requirement shall apply.
In addition to any requirements provided under Chapter 275, Zoning, site plan review regulations, or any other local, state or federal law, all new facilities meeting the criteria of a public bathing facility/place shall secure plan review and construction approval from the New Hampshire Department of Environmental Services.
Where terms are not specifically defined in this article, their meanings shall be derived from adopted codes. Where a term is not defined under any adopted code, its meaning shall be the ordinarily accepted meaning within the context that the term is used.
HEALTH AUTHORITY
The Health Officer of the Town of Bedford, whose appointment shall be under the jurisdiction of RSA 128:1, or his designee.
PUBLIC BATHING FACILITY
A public bathing place that comprises a water-containing structure and associated buildings and equipment, intended or used for bathing, swimming, or diving purposes.
PUBLIC BATHING FACILITY OPERATOR
The individual who has responsibility for the daily operation of a public bathing place and who is trained in the sanitation, safety, and proper maintenance of the public bathing place and all physical and mechanical equipment associated therewith.
PUBLIC BATHING PLACE
A place or location, together with buildings and equipment, intended or used for recreational or therapeutic bathing, swimming, or diving, and operated by or for any governmental subdivision, public or private corporation, partnership, association, or educational institution open to the public, members, or students, whether on a fee or free basis. The term includes public bathing facilities, flow-through bathing places, and designated beaches. The term does not include any bathing place that serves three or fewer living units and that is used only by the residents of the living units and their guests.
SENSORY DEPRIVATION TANKS (FLOAT TANKS)
A self-contained unit containing water with dissolved magnesium sulfate having an approximate specific gravity of 1.25. Intended to isolate an individual from external stimulation by creating a weightless environment. Cabin is usually light and soundproof as well.
[1]
Editor's Note: See Env-Wq 1100 Public Bathing Places, Code of Administrative Rules, for complete text of definitions applicable hereto.
A. 
Annual permit required. No person, corporation, or other entity shall operate, maintain, or allow to be used any public pool or spa except when in possession of a valid permit issued by the Health Department. The permits shall be issued annually. Annual permits shall expire March 31 of every year.
B. 
Expiration of permit. Except as otherwise stipulated in this Code, any permit issued pursuant to this article shall be valid for a one-year period and shall expire on the last day of March, annually. There shall be a late application fee for any permit renewal application received more than 10 days after its expiration.
C. 
Permit to be posted. Any permit issued pursuant to this article shall be posted in a conspicuous place about the public bathing facility.
D. 
Revocation procedure.
(1) 
Whenever the Health Authority shall find that any public bathing facility is not in compliance with the terms and conditions of this article, the Health Authority may cause the operating permit to be revoked or suspended by any or all of the following methods:
(a) 
The Health Authority may physically remove the permit from its posting.
(b) 
The Health Authority may notify the owner or operator of the public bathing facility in writing that the operating permit is revoked or suspended.
(c) 
The Health Authority may post a sign or signs conspicuously about the public bathing facility to the effect that the operating permit has been revoked.
(2) 
Revocation proceedings shall be in accordance with Env-Wq 1103.13.
E. 
Facility temporary closure.
(1) 
A public bathing facility shall be subject to immediate closure where deficiencies exist when the required corrective action is unable to produce verifiable results at the time of the inspection. The following deficiencies shall be cause for immediate closure:
(a) 
Low/high disinfectant or pH.
(b) 
Water clarity: unable to see bottom drains.
(c) 
Required pool enclosure/gate in disrepair.
(d) 
Missing, loose, cracked, or broken main drain cover.
(e) 
Circular flat-style drain covers.
(f) 
Wading pools without working SVRS.
(g) 
Hand feeding disinfectant (automatic feeder not operating).
(h) 
Water level below bottom of return skimmers.
(2) 
The closure order shall be lifted upon the inspector's verification of the correction.
A. 
All owners and operators of public bathing facilities shall allow the Health Authority entry onto the pool premises at all reasonable times for the purposes of inspections and sample collection.
B. 
The Health Authority shall require an annual preopening inspection prior to the public bathing facility being utilized by the public.
C. 
Permit holders will be billed for reinspection if the same violation is noted on two or more inspections in any twelve-month period.
A. 
Annual permit fees.
(1) 
For each indoor pool: $175.
(2) 
Per outdoor pool or natural bathing place: $125.
(3) 
Spa and hot tub permits: $125 per tub or spa up to two units and $100 for each additional unit at each site.
(4) 
For municipally owned and operated facilities: no permit fee.
B. 
Reinspection fee: $50 per visit.
C. 
Late permit renewals: $25.
A. 
Quality of water.
(1) 
Public swimming pools, recreational spas, hot tubs, and natural bathing areas shall be maintained and operated at all times in accordance with New Hampshire Public Bathing Rules, Env-Wq 1100. A copy of these regulations shall be on file at the Town Health Department.
(2) 
Sensory deprivation tanks (float tanks) shall be operated in compliance with the document "Float Tanks" Guidelines for Regulating Flotation Systems as Special Use Pools as published by the Washington State Department of Health in December of 2017.
(3) 
In the event that the Health Officer or the designated representative deems a biological water test is required, the public bathing facility shall pay for the water testing fee in addition to the public bathing place permit.
(4) 
Public bathing facilities will be charged separately for the water test. Failure to pay for the water test will result in the suspension of the Town of Bedford public bathing places permit.
B. 
Required equipment.
(1) 
Public pools. All public pools shall be supplied at all times with the following items of equipment, which shall be maintained in complete form and proper working order:
(a) 
Public pools using chlorine as a disinfectant shall be equipped with a positive displacement chlorinator or a unit that controls the rate of hypochlorite or bromine tablet erosion, which shall be maintained in operating condition at all times. Other systems of disinfections, such as bromine and the like, will be considered on an individual basis, capable of determining free, combined, and residual levels or concentrations of the disinfecting agent as well as measuring pH, alkalinity and cyanuric acid.
(b) 
One shepherd's crook with a minimum handle length of 12 feet.
(c) 
One ring buoy with a rope attached, the rope to be no less than 1/4 inch in diameter and in length 1 1/2 times the width of the pool or 50 feet, whichever is less.
(d) 
One plastic floatable backboard device for the transportation of persons with spinal injuries.
(e) 
One standard American Red Cross twenty-four-unit first aid kit or its equivalent.
(2) 
Public spas and hot tubs. Public spas and hot tubs used by the public for recreational purposes shall be operated in accordance with the following standards:
(a) 
Adequate shower bath facilities shall be provided at all spa and hot tub facilities. Showering is required before use of the spa and hot tub.
(b) 
Disinfection shall be by continuous feed equipment with hypochlorite or bromine being the only acceptable disinfectants.
(c) 
Spa and tub surfaces and surrounding areas shall be smooth, easily cleanable, and maintained in good repair at all times.
A. 
In public pools, supervision of bathers shall be provided in accordance with the following standards:
(1) 
Where lifeguard service is provided, the lifeguard shall have satisfactorily completed a senior course of instruction in lifesaving and water safety equivalent to that offered by the American Red Cross or the YMCA.
(2) 
Where no lifeguard service is provided, a warning sign shall be placed in plain view, which shall state "WARNING-NO LIFEGUARD ON DUTY" with clearly legible letters at least four inches in height.
B. 
Certification. Public bathing facility operators shall be certified pool operators.