Current through Register Vol. 51, No. 19, September 20, 2024
A. An owner who intends to construct or alter
a public pool or spa shall obtain a construction or alteration permit from the
Secretary before beginning the construction or alteration.
B. An owner may not construct or alter a
recreational pool, semipublic pool, or public spa without a construction or
alteration permit.
C. To obtain a
construction or alteration permit, an owner shall submit to the Secretary:
(1) An application for a construction or
alteration permit on an application form provided by the Secretary that
includes:
(a) The full names and addresses of
the owner and authorized agents of the owner who may act on the owner's behalf
during the construction or alteration of the pool or spa;
(b) A statement saying "I hereby acknowledge
that all items either listed or shown in these plans and specifications as not
in contract, by others, or equivalent, are my responsibility. I also realize
that this entire project must be completed in accordance with the approved
plans and specifications and all conditions listed in the construction or
alteration permit and meet the requirements of this chapter prior to the
issuance of an operating permit by the Secretary"; and
(c) The owner's signature, which:
(i) Indicates the owner has supplied the
correct information on and with the application; and
(ii) Is in agreement with the statement set
forth in §C(l)(b) of this regulation;
(2) Plans and specifications for the
construction which:
(a) Are prepared by a
licensed or certified professional engineer, architect, draftsman, or a person
with extensive experience in the design of pools and spas;
(b) Are drawn:
(i) To scale;
(ii) In a professional and accurate manner;
and
(iii) With sufficient clarity
and detailed dimensions to show the nature and character of the work to be
performed;
(c) Include
specific information on the quality or performance of the material or equipment
when necessary to establish conformance with this chapter; and
(d) Are supplied:
(i) In triplicate as physical documents;
or
(ii) As electronic documents;
and
(3) The
application review fee required by COMAR 10.01.17.02.
D. Except as provided in §E of this
regulation, an owner shall ensure that the plans and specifications required by
§C of this regulation include the following:
(1) Site plan with contours;
(2) Building plan;
(3) Pool or spa layout plan, sectional views,
and appurtenant equipment;
(4) Pool
or spa piping layout plan;
(5) Deck
and barrier plan;
(6) Filter room
layout plan with the location of equipment and piping;
(7) Ventilation plan;
(8) Bathhouse plan;
(9) Lighting plan;
(10) Potable water supply plumbing
diagram;
(11) Waste disposal
plumbing diagram;
(12) Finish
schedules;
(13) Equipment and
material specifications;
(14) Head
loss calculations;
(15) Pump
performance curve;
(16) Waste water
disposal site;
(17) Chemical
storage plan; and
(18) Any
information, including material samples, necessary to determine if the plans
and specifications comply with criteria set forth in this chapter.
E. An owner shall ensure that, for
an alteration, the plans and specifications required by §C of this
regulation include the information that pertains to the alteration.
F. Before beginning construction or
alteration work, an owner shall obtain:
(1)
Necessary local zoning approval;
(2) Building permits;
(3) Electrical permits;
(4) Plumbing permits; and
(5) Other applicable local permits.
G. The local county health officer
may not approve a local building permit for, or that includes, construction or
alteration of a recreational pool, semipublic pool, or public spa until the
plans and specifications for construction or alteration of a public pool or spa
have been approved by the Secretary.
H. The Secretary shall review the plans and
application for a construction or alteration permit within 30 business days of
receipt of the application.
I. If
plans are submitted that are:
(1) Not in
compliance with the requirements of this chapter, the Secretary shall:
(a) Notify the owner of the deficiencies in
the application;
(b) Deny the
application if additional information to correct the deficiencies in the
application is not received during the re submittal window; or
(c) Allow the owner 30 business days to
resubmit information to correct the deficiencies before denying the application
according to § 1(1) (b) of this regulation; or
(2) In compliance with the requirements of
this chapter, the Secretary shall approve the plans and issue a construction or
alteration permit, which is valid for:
(a) The
start of the construction or alteration for 1 year from the date of issue;
and
(b) 1 additional year from the
date construction or alteration begins.
J. If the Secretary denies the issuance of a
construction or alteration permit, an owner shall reapply for a new
construction or alteration permit according to §C of this regulation and
pay the applicable fees.
K. An
owner may not deviate from the approved plans and specifications for
construction or alteration at a recreational pool, semipublic pool, or public
spa unless:
(1) Revised plans are submitted
through the application review process in §C of this regulation;
(2) The owner pays the applicable fees;
and
(3) The Secretary issues a
construction or alteration permit for the revised work.
L. If a recreational pool, semipublic pool,
or public spa is not being constructed or altered in accordance with the
approved plans, the Secretary may revoke the construction or alteration permit
and the owner shall immediately cease construction or alteration.
M. If the Secretary denies the issuance of a
construction or alteration permit as set forth in § 1 of this regulation,
or revokes a construction or alteration permit as set forth in §L of this
regulation, the Secretary shall notify the owner in writing:
(1) Of the reason or reasons for the denial
or revocation;
(2) That the owner
may request from the Secretary an opportunity for a hearing on the denial or
revocation pursuant to State Government Article, Title 10, Subtitle 2,
Annotated Code of Maryland, if the owner wishes to contest the denial or
revocation; and
(3) That to
preserve the right to a hearing, the owner shall contact the Department within
10 business days of the receipt of the notice of denial or
revocation.
N An owner
shall ensure that a construction or alteration permit is posted in a
conspicuous location at the site of construction or alteration.
