Current through Register Vol. 51, No. 19, September 20, 2024
A. A person may not operate or permit the use of a
recreational pool, semipublic pool, or public spa that has not received written
approval from the Secretary after its construction or alteration.
B. The Secretary shall conduct an inspection
to ensure that a recreational pool, semipublic pool, or public spa is
constructed or altered according to the approved plans and meets the
requirements of this chapter, and shall:
(1)
Grant written approval for the pool or spa if:
(a) It was constructed or altered according
to the approved plans
(b) It meets
the requirements of this chapter; and
(c) The owner has received local approval for
any:
(i) Building;
(ii) Electrical;
(iii) Plumbing; or
(iv) Other work that requires a local
permit;
(2)
Deny approval for the pool or spa if:
(a) It
was not constructed or altered according to the approved plans;.
(b) It does not meet the requirements of this
chapter; or
(c) The owner has not
received local approval for any:
(i)
Building;
(ii) Electrical;
(iii) Plumbing; or
(iv) Other work that requires a local
permit.
C. The Secretary shall grant written approval or deny
approval of the completed construction or alteration of a public pool or spa
within 15 business days of inspecting.
D. If minor items that do not affect the health or
safety of the public need to be corrected, the Secretary may issue a temporary
approval for the pool or spa after construction pending full compliance
according to the following conditions:
(1)
The owner shall fully comply with this chapter by the end of the
30-business-day period in order to obtain written approval of the recreational
pool, semipublic pool, or public spa; and
(2) If at the end of the 30-business-day
period, the Secretary is unable to approve the recreational pool, semipublic
pool, or public spa pursuant to §B of this regulation, the Secretary shall
disapprove the construction.
E. If the Secretary does not grant approval for the
pool or spa after it is constructed or altered, the Secretary shall notify the
owner in writing:
(1) Of the reason or
reasons for the disapproval;
(2)
That the owner may request from the Secretary an opportunity for a hearing on
the disapproval pursuant to State Government Article, Title 10, Subtitle 2,
Annotated Code of Maryland;
(3)
That to preserve the right to a hearing, the owner shall submit a written
request for a hearing to the Secretary within 10 business days of the receipt
of the notice of disapproval; and
(4) That the owner shall submit a new plan
review application and pay any applicable fees according to Regulation .06 of
this chapter.
