New Mexico Administrative Code
Title 7 - HEALTH
Chapter 18 - AQUATIC VENUES
Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS
Section 7.18.1.12 - CONSTRUCTION PERMITS

Universal Citation: 7 NM Admin Code 7.18.1.12

Current through Register Vol. 35, No. 18, September 24, 2024

A. No person shall construct or substantially alter a public aquatic venue, or part thereof, or convert a private aquatic venue into a public aquatic venue without first:

(1) submitting a construction permit application that shall include plans, specifications, supporting material, and other information required by the department;

(2) receiving a construction permit; and

(3) paying all applicable fees.

B. No person shall deviate from the approved plans and specifications during the construction or alteration of public aquatic venues described in this rule without first receiving prior written approval from the department.

C. Construction permits will be issued only to the owner or authorized agent of the owner.

D. A construction permit may be issued only when the facility owner or agent has provided sufficient information for the department to determine that the aquatic venue will:

(1) operate continuously in a clean and sanitary manner;

(2) not constitute a hazard to public health and safety; and

(3) provide health and safety protection equal to or greater than that required by the aquatic venue rules.

E. Persons submitting plans and specifications for a proposed public aquatic venue that demonstrate a new technology or alternative mode of operation not contemplated in these rules shall apply for a variance.

F. The department shall issue a construction permit, issue a construction permit with conditions, or deny the construction permit application. The department may revoke a construction permit under 7.18.1.19 NMAC or suspend a construction permit if the department determines that the provisions of the aquatic venue rules are not met.

G. The department shall notify the applicant in writing that the application is complete or incomplete within 30 days of receipt of the application.

H. Once the department determines that the application is complete, for class B aquatic venues, the department shall have up to 30 working days to issue the permit, issue the permit with conditions, or deny the permit application. For class A, C, and D aquatic venues, the department shall have up to 90 working days to issue the permit, issue the permit with conditions, or deny the permit application. All construction permit denials shall be in writing stating the reason the permit was denied. The applicant for a permit that has been denied may request an administrative hearing. The request for a hearing shall be made in writing to the department within 15 calendar days after notice of the department's decision has been received by the applicant. Hearings on permit denials shall be held in accordance with 7.18.1.21 NMAC and 20.1.5 NMAC.

I. Private aquatic venues that are converted into public aquatic venues or public aquatic venues that were previously operating without a permit shall be subject to the aquatic venue rules including, but not limited to, the requirement to obtain a construction permit.

J. Non-substantial alterations do not require a construction permit; however an aquatic facility owner planning a non-substantial alteration shall contact the department to review proposed changes prior to starting the non-substantial alteration.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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