New Mexico Swimming Pools

Our New Mexico Environment Department has shut down our HOA pool. Why they started inspecting our pool five years ago is a mystery. Our pool is and has always been a private pool. In the late 1980s, when we first built the pool, we installed a sign at the entrance that states: No Trespassing, Private Pool for Residents & Guests of PVHA Only.

NM states under 7.18.2.7. BU that a [“Private Pool” means: (1) any pool or span owned by no more than four individuals, either jointly, individually or through association, incorporation or otherwise, for the exclusive use of the occupants thereof and their guests or invites…]

Section 7.18.2.9 states that a “Private pools shall not be subject to the provisions of this regulation or 7.18.3 NMAC, Public Swimming Pools, Spas and Baths: Design and Construction or 7.18.4 NMAC, Public Swimming Pools, Spas and Baths: Maintenance and Operation Requirements or 7.18.5 NMAC, Public Swimming Pools, Spas and Baths: Fees.”

Has any New Mexico HOAs had any similar issues with their pools?

Thanks for your research. I wish more people would read our regulations. Your responses have been polite and professional and I appreciate that very much, thank you. I think after talking with Ms. Z perhaps there are other options we can agree on; I’ll discuss that after clarifying the regulations as they apply to homeowners associations.

Essentially, if up to four “associated” people own (title) to a pool and they and their guests use the pool only, then that is a private pool. In your case, the four individuals do not own the pool; they are on the board of directors of the homeowners association that owns the pool. Also, “through association” can not mean homeowner’s associations as those are more specifically addressed in the regulation.

Please see Section 7.18.2.7. Z: “Class B pool” means any public pool, located at, and operated to serve a facility having six or more living or guest units at: (5): homeowner’s associations, if the pool is for the exclusive use of the association members and their guests only and no memberships are sold to outside persons.

Also Section 7.18.2.7.BW: (Excerpt)….The term “public pool” includes, but is not limited to, public pools owned or operated by: (9): associations;. By the sections you and I have quoted, the associations apply to more than four owners or any homeowners association.

As I stated, we will continue to work with the association on this issue. However, we are mandated to enforce the pool regulations written into law by our elected officials. So long as we have forward movement on a non-compliant issue and it is not an imminent threat to life and safety, it can be regarded as enforcement. Ms. Z provided until this year to submit plans and repair. As yet, we are in the same condition as prior years.

The only way we can legally permit the pool to continue to operate on a permanent basis with an insufficient turnover rate and reduced bather load is through the variance process; I have asked Mr. S in Santa Fe if we can do that (waiting for a response). I’ll let you know what he says as soon as I know.

Barring a variance, we will need some kind of forward movement on the association’s part. If you can submit engineered plans this year that will remedy the problem, I could permit you based on future plans submitted by a certain date. You will need to provide a reasonable deadline date. Then, based our approval of the design and on the extent and cost of the repairs, we could work out what’s called a Compliance Schedule. That should satisfy both of our legal obligations.

With regard to imminent life and safety issues, it appears to me that last year the emergency phone was removed as it was labeled “First Aid” and there was no working phone again. Someone stated to me that people were making 411 calls. Your pool is the only one I have with a regular plug-in phone, and it occurred to me that even if not purposely removed, it could be stolen and not noticed. This concerns me not only as a health professional, but as a former fully-trained firefighter and EMT. Should someone slip, hit their head and lose consciousness or drown, the seconds an emergency phone saves could be the difference between life and death. I know that first-hand. Cell phone batteries die and service is not guaranteed. If at any time the emergency phone is not working, the association must close and lock the pool by law.

I would prefer a hard-wired and permanently affixed working phone that dials 911 direct. There are push-button speaker types also, but links such as this provide ideas: http://www.telephonestuff.com/catalog/dept_id_1062.htm . There are a couple vendors a Google search will reveal; this is not an endorsement of this site.

The phone should reduce your insurance rates, and not having one is a huge liability issue for you as well. If the phone is not hard-wired and affixed, spot inspections through the season may be conducted to verify it remains in place. Lack of a phone will result in an immediate suspension of the permit and a Notice of Violation, so please assign someone to periodically verify its operation.

As soon as I get a response from Mr. S regarding a variance I’ll let you know. And of course, feel free to have my comments on the regulations reviewed by another professional.

Environmental Scientist Advanced
Las Cruces