New Mexico Administrative Code
Title 7 - HEALTH
Chapter 18 - AQUATIC VENUES
Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS
Section 7.18.1.11 - MODIFICATIONS, ADDITIONS, AND OMISSIONS

(1) "Aquatic venue" means any artificially constructed structure that is expressly designated or used with the knowledge or consent of the owner or operator for swimming, water recreation, or bathing for the use of any segment of the public. Such structures do not necessarily contain standing water, so water exposure may occur via contact, ingestion, or aerosolization. The term "aquatic venue" includes all class A, class B, class C, and class D aquatic venues and spas. This term does not include residential housing or lodging facilities having five or fewer living units. Plumbing fixtures associated with a specific living unit, hot springs, and fill-and-draw tubs are also excluded. The term "aquatic venue" includes, but is not limited to, public pools and spas owned or operated by:

(2) "Interactive water play aquatic venue" means any indoor or outdoor installation that includes sprayed, jetted or other water sources contacting bathers and not incorporating standing or captured water as part of the bather activity area. Only those intended for public use and recreation shall be regulated. These aquatic venues are also known as splash pads, spray pads, wet decks.

(1) Abbreviations.

(2) "Approved" means accepted in writing by the department.

(3) "Class A aquatic venue" means any public aquatic venue including, but not limited to, general admission pools, aquatic centers, recreation parks, schools, colleges and universities, organizational camps, daycare facilities, clubs, recreation districts, city, municipal, county and state pools and pools operated by other political subdivisions as defined by law. Class A aquatic venues shall not include pools located at boarding schools, colleges and universities exclusively associated with specific living units but would not be open to the entire boarding school, college or university population or the general public.

(4) "Class B aquatic venue" means any public aquatic venue, located at, and operated to serve a facility having six or more living or guest units at:

(5) "Class C aquatic venue" means a public aquatic venue that is designed specifically as a bathing attraction or for sporting or recreational purposes and may include, but is not limited to, special features such as:

(6) "Class D aquatic venue" means any public aquatic venue used for physical therapy or rehabilitation including, but not limited to, post-operative strength training, assistance of buoyancy of water, and other one-on-one training.

(7) "Club" means a facility constructed to provide entertainment, athletic or physical conditioning for its members, guests, invitees, occasional users, patrons, or clientele. It includes, but is not limited to, racquetball clubs, country clubs, golf clubs, health spas, fitness, sports and wellness facilities or aerobics instruction facilities.

(8) "Combined chlorine (CC)" means that portion of the total residual chlorine that is combined with ammonia or nitrogen compounds and will not react chemically with undesirable or pathogenic organisms.

(9) "Department" means the New Mexico environment department.

(10) "Department representative" means the secretary of the environment department or his/her designees.

(11) "Engineer" means any individual currently registered and in good standing under the "New Mexico Engineering and Surveying Practice Act."

(12) "New construction" means the activity of building or installing a public aquatic venue, and its component parts, where no such structure has previously existed or where previously existing aquatic venue structures have been removed.

(13) "Non-substantial alteration" means the alteration, modification, or renovation of an aquatic venue (for outdoor or indoor aquatic facilities) where the total cost of the work does not exceed fifty percent of the replacement cost of the aquatic venue.

(14) "Person" means:

(15) "Private aquatic venue" means:

(16) "Service animal" means a guide dog, signal dog, or other animal trained to do work or perform tasks for the benefit of an individual with a disability including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, or providing minimal protection or rescue work, such as pulling a wheelchair or fetching dropped items. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals.

(17) "Variance" means written permission from the department to use an alternative measure of compliance with any provision in the aquatic venue rules, except those specifically prohibited in the rule. The alternative measure shall provide public health and safety protection that is equal to or greater than the protections provided in this rule.

(1) Subpart 4.1.4: Compliance Certificate;

(2) Section 4.1.5.3: Permit Issuance;

(3) Section 4.7.3.2.7.1: Feeders for pH Adjustment - Provided;

(4)Section 4.7.3.2.8.1.1: Automated Controllers - Installed;

(5)Subpart 5.2.2: Exemptions;

(6) Section 5.6.7.4: Water Replenishment;

(7) Section 5.7.5.2: Manual Disinfectant Feed System; and

(8) Section 6.3.2.1(4): List of aquatic facilities requiring qualified lifeguards.