Clear Creek County board of health declares Raspberry Hot Springs a public health nuisance, orders immediate cease of public use

The Clear Creek County Board of County Commissioners, sitting as the county Board of Health, voted to declare Raspberry Hot Springs — the commercial operation at 899 Chinook Road in Idaho Springs — a public health nuisance and ordered the owner and operator to cease public use. The action, made in Case COD26-027 and reflected in draft resolution BOH-26-03, follows an inspection by Clear Creek County Public and Environmental Health that found multiple deficiencies the agency said posed an unacceptable risk to public health.

Assistant county attorney Kathy Parker presented staff’s case, telling the board the department had coordinated with the Colorado Department of Public Health and Environment and that inspections and notices had been provided to the owner. “That risk is not small,” Parker said, summarizing staff concerns about sanitation, lack of handrails and what the presentation characterized as manual chemical dosing instead of automated, continuously monitored disinfection.

Environmental health manager Gary Hague, who conducted the inspection, described missing and noncompliant design and sanitation elements. Hague said the pool lacked required automated disinfection feeders, adequate circulation and required public facilities, and that no certified pool operator was present. He listed potential waterborne agents the county considered risks, including Legionella, E. coli, Cryptosporidium and Pseudomonas, and cited apparent graywater discharges that Renegade County regulations (Reg 86 / 5 CCR 1002-86) address.

Owner-operator Alexander Ginsberg disputed portions of the staff account and said his operation keeps purchase and booking records and that many corrective steps had already been or were being taken. “We’ve been sanitizing the pool since day one,” Ginsberg said in his response. He described purchasing an automated feeder, ordering regulatory signage and working with water-rights consultants and engineers on a substitute water supply plan and augmentation. Ginsberg acknowledged historic regulatory contacts over spring/water use but said he halted unauthorized use when notified and is seeking to complete permitting and remediation.

Ginsberg’s attorney (online), Michael Douglas, asked the board to consider a cooperative path to compliance rather than immediate enforcement that might lead to litigation, noting statutory rights to judicial review and stay in some circumstances.

Commissioners pressed both staff and the owner on specific technical issues — including turnover-rate calculations, the status of the on-site vault-type toilet (unpermitted), the presence and adequacy of handrails and records of water testing and chemical logs. County staff told the board they had not received the operational logs or permits necessary under state pool rules and county code.

After questioning and deliberation, a commissioner moved to adopt resolution BOH-26-03 to declare the Raspberry Hot Springs operation a public health nuisance under CRS 25-1-518 and to order the owner and operator to cease and desist the nuisance. The motion was seconded and approved by voice vote; the transcript records the board voting “Aye” but does not contain a roll-call tally.

The order requires abatement actions and the posting of conspicuous signage at the property entrance and pool area; Parker told the board the draft imposes a statutory abatement time frame (24 hours to abate or the board may cause abatement). The board and staff indicated they expect the county to provide the owner an opportunity to gather personal effects if inspected on site and would enforce the order primarily against the regulated use rather than private use.

The board’s action does not automatically adjudicate every technical code question (permitting, CDPHE certification and building permits remain required), but it directs that the property may not be used as a regulated pool open to the public while the order is in effect. The owner and operator were given copies of the order, and staff indicated the county will follow the statutory abatement process; the owner may pursue any permitted administrative or judicial remedies under Colorado statute.

The hearing also included staff citations to a Division of Water Resources consent decree related to water-use enforcement and discussion about the owner’s past interactions with water regulators. The board concluded that the combination of missing permits, absent documentation and the observed conditions warranted the nuisance declaration to protect public health.

The board adjourned the Board of Health session after the vote. Next procedural steps noted in the hearing record: the board will sign the order and provide a copy to the owner/operator and the county will follow its abatement/enforcement procedures; the transcript does not record any immediate fines or enforcement beyond the cease-and-desist order.