Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 17 - SWIMMING POOLS AND SPAS
Chapter 10.17.01 - Public Swimming Pools and Spas
Section 10.17.01.03 - Previously Constructed Pools and Spas
Universal Citation: MD Code Reg 10.17.01.03
Current through Register Vol. 51, No. 19, September 20, 2024
A. Except as provided in §C of this regulation, the owner of a pool or spa that was constructed before February 10, 1997 is exempt from bringing the pool or spa into compliance with:
(1) Regulations .13C, .14A(3), .17C, .18A(3),
.22, .24, and .35 of this chapter; and
(2) Notwithstanding any exemption set forth
at §A(1) of this regulation, the diving area dimensions of Regulation .27B
of this chapter if the diving area is in compliance with American National
Standard for Public Swimming Pools.
B. Except for Regulation .28 of this chapter, the owner of a pool or spa that was constructed before February 10, 1997:
(1) Shall maintain the pool or spa, including
appurtenant structures and equipment as originally constructed; and
(2) May complete a repair according to
Regulation .06P that restores the pool or spa to its original condition before
damage or deterioration without the component complying with the requirements
of this chapter.
C. For a pool or spa that was constructed before February 10, 1997, the exemptions in §A of this regulation do not apply if:
(1) The pool or spa has a condition that
jeopardizes the health or safety of the public, in which case the owner shall
ensure that the condition is corrected to meet the requirements of this
chapter;
(2) An owner intends to
alter the pool or spa, including appurtenant structures and equipment, in which
case the owner shall ensure that the alteration complies with the requirements
of this chapter; or
(3) A suction
outlet is not in compliance with Regulation .28 of this chapter, in which case
the owner shall ensure that the suction outlet is altered to meet the
requirements of Regulation .28 of this chapter for suction entrapment
prevention.
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