For Immediate Release
Date: May 03, 2024

Contact

Jim Martin
(603) 271-3710

NHDES reminder that public pools and spas must meet new state requirements

Concord, NH – The New Hampshire Department of Environmental Services (NHDES) is reminding owners and operators of seasonal public bathing facilities (PBFs) that they are required by New Hampshire law to do three things prior to their pools or spas being open for the summer season. 1) Register their PBFs with the state; 2) Conduct an annual fee-based self-certification for each facility; and 3) certify that the PBF is operated under the supervision of a certified pool operator. Operation of a PBF by an owner/operator that has not met the three requirements outlined above (registration, self-certification and operation under supervision of a CPO) is a violation of state law. The online registration form is available on our PBF Registration Form webpage

Under state law a “public bathing facility” includes, but is not limited to, swimming pools, therapy pools, spas, special recreation pools, slides, and tubing courses, at hotels, motels, health facilities, water parks, condominium complexes, apartment complexes, youth recreation camps, public parks, and recreational campgrounds or camping park.

The annual self-certification fee is $250 per PBF (regardless of size) up to a maximum of $1,500 annually for any facility that has more than six PBFs. It includes an annual compliance declaration that focuses on the practical aspects of public pool and spa operation such as: circulation, filter and disinfection system performance, daily water quality testing and recordkeeping, presence of critical life-safety equipment, and facility maintenance. For seasonal facilities, the annual self-certification must be completed annually prior to reopening. For year-round facilities, the annual self-certification must be completed annually by March 1. The online form and payment instructions are available on the PBF annual Self-Certification Form webpage.

All PBFs must operate under the supervision of a certified pool operator (CPO). A CPO may be the owner or designee, an employee of the establishment where the PBF is located, or a contracted vendor. The CPO is responsible for training on-site personnel in the basics of daily operation, including but not limited to, water testing and record keeping, documenting operational issues, maintaining water quality/clarity, handling sanitizers and pool closure procedures. The CPO must personally visit the PBF at least once a week to ensure the pool is being operated in a safe and sanitary manner, and the CPO must be available by telephone to on-site personnel whenever not personally present. Certifications can be obtained from an approved training program dedicated to the operation of PBFs. To find an in-person or virtual training course offering in New Hampshire, visit the Pool and Hot Tub Alliance webpage.

NHDES has initiated an outreach campaign to PBF owners and operators to educate them on the applicable laws and assist them with coming into compliance prior to the 2024 summer swimming season. NHDES encourages PBF owners and operators to complete this process as soon as possible. The NHDES Public Pool and Spa program will conduct inspections throughout the summer and fall to confirm compliance with the requirements outlined above. To learn more about the program, please visit the NHDES public pools and spas webpage

State regulations and codes are developed to make sure that treated recreational water facilities (for example, pools, hot tubs and water parks) provide a clean, healthy and safe environment for the public. These regulations set minimum standards to decrease the public’s risk of illness and injury. Industries and organizations that should take notice of these requirements include, but are not limited to, hotels, motels, campgrounds, colleges, apartment complexes, condominium and homeowner associations, fitness centers, and municipalities. Private residential pools are exempt. 

For more guidance, please see these frequently asked questions

Contact: Tim Wilson, NHDES Public Pool and Spa Program Manager; Email: DESpools@des.nh.gov.