1. 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.
2. B. An owner may not construct or alter a recreational pool, semipublic pool, or public spa without a construction or alteration permit.

3. C. To obtain a construction or alteration permit, an owner shall submit to the Secretary:

   1. (1) An application for a construction or alteration permit on an application form provided by the Secretary that includes:

      1. (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;
      2. (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

      3. (c) The owner’s signature, which:

         1. (i) Indicates the owner has supplied the correct information on and with the application; and
         2. (ii) Is in agreement with the statement set forth in §C(1)(b) of this regulation;

   2. (2) Plans and specifications for the construction or alteration which:

      1. (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;

      2. (b) Are drawn:

         1. (i) To scale;
         2. (ii) In a professional and accurate manner; and
         3. (iii) With sufficient clarity and detailed dimensions to show the nature and character of the work to be performed;
      3. (c) Include specific information on the quality or performance of the material or equipment when necessary to establish conformance with this chapter; and

      4. (d) Are supplied:

         1. (i) In triplicate as physical documents; or
         2. (ii) As electronic documents; and
   3. (3) The application review fee required by COMAR 10.01.17.02.

4. 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. (1) Site plan with contours;
   2. (2) Building plan;
   3. (3) Pool or spa layout plan, sectional views, and appurtenant equipment;
   4. (4) Pool or spa piping layout plan;
   5. (5) Deck and barrier plan;
   6. (6) Filter room layout plan with the location of equipment and piping;
   7. (7) Ventilation plan;
   8. (8) Bathhouse plan;
   9. (9) Lighting plan;
   10. (10) Potable water supply plumbing diagram;
   11. (11) Waste disposal plumbing diagram;
   12. (12) Finish schedules;
   13. (13) Equipment and material specifications;
   14. (14) Head loss calculations;
   15. (15) Pump performance curve;
   16. (16) Waste water disposal site;
   17. (17) Chemical storage plan; and
   18. (18) Any information, including material samples, necessary to determine if the plans and specifications comply with criteria set forth in this chapter.
5. 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.

6. F. Before beginning construction or alteration work, an owner shall obtain:

   1. (1) Necessary local zoning approval;
   2. (2) Building permits;
   3. (3) Electrical permits;
   4. (4) Plumbing permits; and
   5. (5) Other applicable local permits.
7. 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.
8. H. The Secretary shall review the plans and application for a construction or alteration permit within 30 business days of receipt of the application.

9. I. If plans are submitted that are:

   1. (1) Not in compliance with the requirements of this chapter, the Secretary shall:

      1. (a) Notify the owner of the deficiencies in the application;
      2. (b) Deny the application if additional information to correct the deficiencies in the application is not received during the resubmittal window; or
      3. (c) Allow the owner 30 business days to resubmit information to correct the deficiencies before denying the application according to §I(1)(b) of this regulation; or

   2. (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:

      1. (a) The start of the construction or alteration for 1 year from the date of issue; and
      2. (b) 1 additional year from the date construction or alteration begins.
10. 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.

11. 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. (1) Revised plans are submitted through the application review process in §C of this regulation;
    2. (2) The owner pays the applicable fees; and
    3. (3) The Secretary issues a construction or alteration permit for the revised work.
12. 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.

13. M. If the Secretary denies the issuance of a construction or alteration permit as set forth in §I 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. (1) Of the reason or reasons for the denial or revocation;
    2. (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. (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.
14. N. An owner shall ensure that a construction or alteration permit is posted in a conspicuous location at the site of construction or alteration.

Authority: Health-General Article, §§2-102, 2-104, 18-102, and 20-303, Annotated Code of Maryland, and 15 U.S.C. §8003

Effective date: February 10, 1997 (24:3 Md. R. 187)

Chapter revised as an emergency provision effective July 1, 1999 (26:16 Md. R. 1238); amended permanently effective December 13, 1999 (26:25 Md. R. 1898)

Regulation .01A amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .02 amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .03 amended as an emergency provision effective January 3, 2014 (41:2 Md. R. 88); amended permanently effective May 12, 2014 (41:9 Md. R. 521)

Regulation .03A amended effective March 20, 2000 (27:5 Md. R. 584); December 19, 2005 (32:25 Md. R. 1942)

Regulation .04 amended as an emergency provision effective December 19, 2008 (36:4 Md. R. 345); amended permanently effective June 15, 2009 (36:12 Md. R. 837)

Regulation .04A, B amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .05B amended effective March 20, 2000 (27:5 Md. R. 584); December 19, 2005 (32:25 Md. R. 1942)

Regulation .05B amended as an emergency provision effective December 19, 2008 (36:4 Md. R. 345); amended permanently effective June 15, 2009 (36:12 Md. R. 837)

Regulation .05B amended as an emergency provision effective January 3, 2014 (41:2 Md. R. 88); amended permanently effective May 12, 2014 (41:9 Md. R. 521)

Regulation .05B amended effective November 2, 2020 (47:10 Md. R. 517); October 1, 2022 (49:12 Md. R. 640)

Regulation .06 amended as an emergency provision effective January 3, 2014 (41:2 Md. R. 88); amended permanently effective May 12, 2014 (41:9 Md. R. 521); November 2, 2020 (47:10 Md. R. 517)

Regulation .06-1 adopted effective November 2, 2020 (47:10 Md. R. 517)

Regulation .07 repealed and new Regulation .07 adopted effective November 2, 2020 (47:10 Md. R. 517)

Regulation .08 amended as an emergency provision effective January 3, 2014 (41:2 Md. R. 88); amended permanently effective May 12, 2014 (41:9 Md. R. 521)

Regulation .08 amended effective November 2, 2020 (47:10 Md. R. 517)

Regulation .09 amended effective November 2, 2020 (47:10 Md. R. 517)

Regulation .09C amended effective March 20, 2000 (27:5 Md. R. 584); December 19, 2005 (32:25 Md. R. 1942)

Regulation .10 amended effective November 2, 2020 (47:10 Md. R. 517)

Regulation .11C adopted effective November 2, 2020 (47:10 Md. R. 517)

Regulation .12B amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .13C amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .14A amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .15A amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .16C, D amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .17C, D amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .18A amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .21 amended effective October 1, 2022 (49:12 Md. R. 640)

Regulation .21B amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .22A amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .25B amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .25C amended effective March 20, 2000 (27:5 Md. R. 584)

Regulation .25G adopted effective November 2, 2020 (47:10 Md. R. 517)

Regulation .26 amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .27 amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .27F amended as an emergency provision effective January 3, 2014 (41:2 Md. R. 88); amended permanently effective May 12, 2014 (41:9 Md. R. 521)

Regulation .28 amended effective March 20, 2000 (27:5 Md. R. 584); December 19, 2005 (32:25 Md. R. 1942)

Regulation .28 amended as an emergency provision effective December 19, 2008 (36:4 Md. R. 345); amended permanently effective June 15, 2009 (36:12 Md. R. 837)

Regulation .28F, G amended as an emergency provision effective January 3, 2014 (41:2 Md. R. 88); amended permanently effective May 12, 2014 (41:9 Md. R. 521)

Regulation .28H amended effective November 2, 2020 (47:10 Md. R. 517)

Regulation .35A amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .40 amended effective March 20, 2000 (27:5 Md. R. 584); December 19, 2005 (32:25 Md. R. 1942)

Regulation .41B amended effective December 19, 2005 (32:25 Md. R. 1942)

Regulation .43 amended effective March 20, 2000 (27:5 Md. R. 584)

Regulation .43B amended effective November 2, 2020 (47:10 Md. R. 517)

Regulation .46 amended effective March 20, 2000 (27:5 Md. R. 584)

Regulation .53A amended as an emergency provision effective January 3, 2014 (41:2 Md. R. 88); amended permanently effective May 12, 2014 (41:9 Md. R. 521)

Regulation .55 adopted effective November 2, 2020 (47:10 Md. R. 517)