City of Nashua, NH Chapter 290 Swimming Pools, Spas and Hot Tubs

[HISTORY: Adopted by the Board of Aldermen of the City of Nashua NRO 1975, T. 7, §§ 101 to 108 (Secs. 20-1 to 20-8 of the 1987 Code); amended 5-28-1980 by Ord. No. O-80-25; 6-14-1988 by Ord. No. O-88-41. Subsequent amendments noted where applicable.]

§ 290-1 Applicability.

This chapter shall regulate the construction and operation of all swimming pools, spas and hot tubs except those facilities located appurtenant to single-family or duplex family residences. All such bathing facilities regulated by this chapter shall be referred to herein as "public pools" or "public spas."

§ 290-2 License required; fees; expiration; posting.

[Amended 3-28-2006 by Ord. No. O-06-06]

No person, corporation or other entity shall operate, maintain or allow to be used any public swimming pool, spa or hot tub except in possession of a valid license issued by the City Environmental Health Department. Said licenses shall be issued for an annual fee of $325 for each indoor pool or $275 for each outdoor pool. Spa and hot tub permits will be issued at $250 per tub or spa. Licenses will be issued annually and expire April 30. This license shall be posted in a conspicuous place about the pool or spa.

§ 290-3 License revocation.

Whenever the Health Officer or a sanitarian of the Environmental Health Department of the City shall find that any public pool or spa is not in compliance with the terms and conditions of this chapter, the Health Officer may cause the operating license to be revoked or suspended by any or all of the following methods:

A. He may physically remove the license from its posting.

B. He may notify the owner or operator of the pool in writing that the operating license is revoked or suspended.

C. He may post a sign or signs conspicuously about the pool to the effect that the operating license has been revoked.

§ 290-4 Inspections and sample collection.

All owners and operators of public pools and spas shall allow any authorized representative of the Environmental Health Department of the City onto the pool premises at all reasonable times for the purposes of inspection and sample collection.

§ 290-5 Maintenance; operation; water quality.

A. Public swimming pools. Public swimming pools shall be maintained and operated at all times in accordance with the following standards:

(1) All public pools must be equipped with a water recirculation device designed and operated so as to provide three complete turnovers of pool water in 24 hours.

(2) All water recirculation devices shall be kept in constant operation 24 hours a day.

(3) All public pools shall be equipped with a positive displacement chlorinator which shall be maintained in operating condition at all times. Other systems of disinfection such as bromine, ozonization, hydrogen peroxide and ultraviolet light will be considered on an individual basis.

(4) Disinfectant shall not be manually fed into public pools.

(5) Public pools using cyanuric acid as a stabilizer shall be maintained with a cyanuric acid level not less than 30 parts per million nor more than 80 parts per million.

(6) Public pools utilizing cyanuric acid as a stabilizer shall be maintained with a free chlorine residual of 1.5 to three parts per million in diameter and 1 1/2 times the width of the pool in length.

(7) One backboard device for the transportation of persons with spinal injuries.

(8) One break-point safety line.

(9) One standard American Red Cross twenty-four-unit first-aid kit or its equivalent.

§ 290-6 Lifeguards; warning signs.

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. Signs must be posted to inform patrons of hot tubs or spas of the inherent health risks associated with their use. As an absolute minimum this notification must cite the dangers of use while under the influence of alcohol, anticoagulants, antihistamines, vasoconstrictors, vasodialator, stimulants, hypnotics, narcotics or tranquilizers. The elderly or those suffering from heart disease, diabetes or high or low blood pressure must be informed of the inherent risks associated with spas or hot tubs. All users must be made aware of the safe and proper use of the facility.

§ 290-7 Violations and penalties.

Any person who operates, maintains or allows to be used any public pool or spa except when in possession of a valid license as required by this chapter shall be guilty of a separate violation for each day of such operation, maintenance or use. Each such violation shall result in a fine of not less than $100 or a greater sum not to exceed the provisions of § 1-12 of the City Code.