N.H. Admin. Code § He-C 4002.27

Current through Register No. 45, November 7, 2024

Section He-C 4002.27 - Water Testing and Sewage Disposal

(a) Programs shall have a safe supply of water under pressure available for drinking and household use in accordance with the following:

(1) Hot water under pressure, which measures at least 60 degrees Fahrenheit shall be available at all sinks during operating hours;

(2) Hot water at taps which are accessible to children shall have an automatic control to maintain a temperature at the tap of not higher than 120 degrees Fahrenheit;

(3) In accordance with Env-Dw 501.04(c), a program that is considered to be a public water system as defined in RSA 485:1-a, XV, subject to regulation by the department of environmental services, shall have on file, available for review by the health officer and the department, a written document which lists the United States Environmental Protection Agency identification number of the system, assigned by the department of environmental services;

(4) Programs that have their own independent water supply and are not considered to be public water systems as defined in RSA 485:1-a, XV and confirmed by DES, shall test their water supply in accordance with the following:

a. Water testing shall be performed by a laboratory accredited under the environmental laboratory accreditation program in accordance with Env-C 300;

b. For new applicants, not more than 90 days prior to the date the application is submitted to the department, water testing shall be conducted for arsenic, bacteria, nitrate, nitrite, lead, both stagnant and flushed, copper, both stagnant and flushed, and fluoride, and results provided to the department with the application; and

c. Ongoing water testing shall be conducted as follows and results maintained on file at the program, available for review by the health officer and the department:

1. Once every 3 months for bacteria;

2. Annually for arsenic, nitrate, and nitrite; and

3. At least once every 3 years for stagnant lead, stagnant copper, and fluoride;

(5) The results of water tests required by (a)(4)b. and c. above, and results of any other water tests shall be in compliance with the maximum contaminant levels established in Env-Dw 700 for bacteria, nitrates, nitrites, arsenic, and fluoride, and shall not exceed the action levels established in Env-Dw 714 for lead and copper;

(6) Any program whose water test result has exceeded maximum contaminant levels or action levels shall:

a. Immediately contact the department to report that finding, and provide the department with a plan for how it will ensure that children will not be at risk from exposure to the unsafe water; and

b. Within 30 days of the date the program learns that they have failed a water test submit to the department an acceptable corrective action plan which details what action will be taken to correct the unsafe condition of the water and a date by which that action will be complete, unless the program requests, either verbally or in writing, and the department agrees, to extend that deadline, based on the following criteria:

1. The program demonstrates that it has made a good faith effort to develop and submit the corrective action plan within the 30 day period but has been unable to do so; and

2. The department determines that the health, safety, or well-being of children will not be jeopardized as a result of granting the extension; and

(7) When a program fails to submit a written proposed corrective action plan within 30 days of receiving the unacceptable test result under (a)(6)b. above, the department shall initiate action to suspend the license or permit in accordance with He-C 4002.44(q) and (r), until such time as laboratory results meeting those requirements are received by the department.

(b) During all hours of operation there shall be functional sewage disposal facilities designed to accommodate the license capacity of the program, in accordance with the following:

(1) There shall be no visible sewage on the grounds;

(2) There shall be flush toilets in working order connected to a sewage disposal system; and

(3) Any program whose septic system is showing signs of failure shall:

a. Immediately make arrangements with a contractor licensed to evaluate and repair or replace septic systems to:

1. Make temporary repairs to the septic system to correct the problem so that the program may continue to operate; or

2. Make permanent repairs to the septic system or replace the septic system;

b. Immediately contact the local health officer to inform him or her of the problem;

c. Immediately contact the department to verbally report the problem, and give the department a plan for how it will immediately provide that:

1. All required bathroom units function properly; and

2. Children will not be exposed to any risks from the failed septic system;

d. Within 10 days of the date that child care staff first notice signs indicating that the septic system is in failure, submit to the department a written plan, which includes:

1. What action has been taken to correct the failed septic system;

2. The date by which that action will be completed;

3. An explanation of how the program will ensure that the requirements in c.1. and c.2. above will continue to be met until repair or replacements are completed; and

e. Request an extension to d. above, which the department shall grant if additional time is necessary to develop a written plan and the safety and well-being of the children is maintained.

(c) Privies are permissible in lieu of, or in addition to, (b)(2) above under the following conditions:

(1) The licensee shall obtain approval by the town health officer for use of a privy;

(2) The privy shall be constructed in accordance with Env-Wq 1022.01;

(3) There shall be running water for handwashing available and accessible inside the privy area or immediately upon exiting the privy;

(4) Privies shall be located:

a. At least 100 feet from any place where food is prepared or served;

b. At least 75 feet from any surface water; and

c. At least 200 feet up-gradient of any well or spring;

(5) Privy contents shall be:

a. Removed as often as necessary to prevent the pit from being filled to within one foot of the top of the pit; and

b. Disposed of in accordance with Env-Wq 1600;

(6) The contents of the pit shall be covered daily with lime or other suitable agent to eliminate insects and odors;

(7) The materials for liming and disinfection shall be kept:

a. In proximity to the privy where they are readily available for use; and

b. Stored in a manner where children cannot access the contents;

(8) The privy and the pit shall be made fly-tight and provided with self-closing lids; and

(9) Child care staff shall maintain the privy in clean and sanitary conditions at all times.

(d) The licensee shall maintain chemical toilets in accordance with Env-Wq 1600, which shall be pumped by a septage hauler licensed by the department of environmental services.

N.H. Admin. Code § He-C 4002.27

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97

New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08 (from He-C 4002.29 )

Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12046, Effective 11/19/2016, Expires 5/18/2017.

Ss by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17;

Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12415, Effective 11/6/2017, Expires 11/6/2027.

Amended by Volume XLII Number 19, Filed May 12, 2022, Proposed by #13373, Effective 4/22/2022, Expires 4/22/2032