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1 Rulemaking; Public Bathing Facilities RSA 485-A:6, X is repealed and reenacted to read as follows:
X. Public bathing places regulated under RSA 485-A:26, including:
(a) Standards for the design, construction, operation, and maintenance of such facilities to protect persons using the facilities, as required by RSA 485-A:26, I.
(b) A schedule of fees to recover the costs of the inspections and sampling authorized by RSA 485-A:26, II.
(c) Procedures for obtaining the annual license to operate required by RSA 485-A:26, IV.
2 Public Bathing Facilities; Fees. Amend RSA 485-A:26 to read as follows:
485-A:26 Swimming Pools and Bathing Places; Public Bathing Facility Program Fund.
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, unless the construction, design and physical specifications of such pool or bathing place shall have received prior approval by the department. A nonrefundable application fee of $100 $400, plus $25 per 100 square feet of area over 400 square feet 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 into the public bathing facility program fund. 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 facility 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. The costs recovered for such sampling shall be deposited in the general fund as unrestricted revenue public bathing facility program fund. 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. Such license shall be conditioned upon the maintenance of clean, healthful, and sanitary conditions, as determined and approved by the department. Such license shall be valid within the calendar year for which it is issued and subject to suspension or revocation at any time for cause. The fee for such license shall be $225 per pool with a maximum of $1,250 per facility and shall be deposited with the state treasurer in the public bathing facility program fund.
IV. There is established in the office of the state treasurer a public bathing facility program fund which shall be kept distinct and separate from all other funds. Such fund shall be the depository of all fees collected under this section. All moneys in such fund shall be nonlapsing and continually appropriated to the department for the purposes of inspecting and taking samples from public bathing facilities as required under paragraph II.
3 New Subparagraph; Public Bathing Facility Program Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (333) the following new subparagraph:
(334) Money deposited in the public bathing facility program fund established in RSA 485-A:26, IV.
4 Effective Date. This act shall take effect July 1, 2017.
Text to be added highlighted in green.
1 Rulemaking; Public Bathing Facilities RSA 485-A:6, X is repealed and reenacted to read as follows:
X. Public bathing places regulated under RSA 485-A:26, including:
(a) Standards for the design, construction, operation, and maintenance of such facilities to protect persons using the facilities, as required by RSA 485-A:26, I.
(b) A schedule of fees to recover the costs of the inspections and sampling authorized by RSA 485-A:26, II.
(c) Procedures for obtaining the annual license to operate required by RSA 485-A:26, IV.
2 Public Bathing Facilities; Fees. Amend RSA 485-A:26 to read as follows:
485-A:26 Swimming Pools and Bathing Places; Public Bathing Facility Program Fund.
I. No person shall install, operate or maintain an artificial swimming pool or bathing place open to and used by the public unless the construction, design and physical specifications of such pool or bathing place shall have received prior approval by the department. A nonrefundable application fee of $400, plus $25 per 100 square feet of area over 400 square feet 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 into the public bathing facility program fund. 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 facility 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. The costs recovered for such sampling shall be deposited in the public bathing facility program fund. 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. Such license shall be conditioned upon the maintenance of clean, healthful, and sanitary conditions, as determined and approved by the department. Such license shall be valid within the calendar year for which it is issued and subject to suspension or revocation at any time for cause. The fee for such license shall be $225 per pool with a maximum of $1,250 per facility and shall be deposited with the state treasurer in the public bathing facility program fund.
IV. There is established in the office of the state treasurer a public bathing facility program fund which shall be kept distinct and separate from all other funds. Such fund shall be the depository of all fees collected under this section. All moneys in such fund shall be nonlapsing and continually appropriated to the department for the purposes of inspecting and taking samples from public bathing facilities as required under paragraph II.
3 New Subparagraph; Public Bathing Facility Program Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (333) the following new subparagraph:
(334) Money deposited in the public bathing facility program fund established in RSA 485-A:26, IV.
4 Effective Date. This act shall take effect July 1, 2017.