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10.17.01.00.htm 10.17.01.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 17 SWIMMING POOLS AND SPAS Chapter 01 Public Swimming Pools and Spas Authority: Health-General Article, §2-102, 2-104, 18-102, and 20-303, Annotated Code of Maryland, and U.S.C. §8003
10.17.01.01.htm 10.17.01.01. 01 Purpose and Scope.. A. The purpose of this chapter is to enact regulations that protect and promote the public health and safety of individuals at public spas and pools in Maryland. Public pools include limited public-use pools, recreational pools, and semipublic pools. Public spas include semipublic spas.B. This chapter adopts construction standards, updates disinfection standards, recognizes certain new technologies and design concepts, and establishes minimum criteria for pu
10.17.01.02.htm 10.17.01.02. 02 Exclusions.. This chapter does not apply to a:. A. Private pool, except for a private pool defined as a limited public-use pool in Regulation .05B of this chapter;B. Private spa;. C. Pool or spa that is completely emptied of water, disinfected, and refilled with water between each use and that is intended for use or used by a single individual during each use; orD. Pool or a spa at a bed and breakfast, if the bed and breakfast facility has eight or fewer guest rooms.
10.17.01.03.htm 10.17.01.03. 03 Previously Constructed Pools and Spas.. 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
10.17.01.04.htm 10.17.01.04. 04 Documents Incorporated by Reference.. The following documents are incorporated by reference in this chapter:. A. American National Standard for Public Swimming Pools (ANSI/NSPI-1 2003) except Articles 6.5, 6.5.1, 6.6, 6.6.1, 6.6.2, 6.6.3, 6.8, 6.9.1, 6.9.3, 7.1.6, 7.1.7, 7.1.7.1, 8.1.1, 8.4.2.1, 8.4.2.3, 12.3.1, 12.3.2, 13.2.1, 13.2.3, 15.3, 17.4.1, 17.5.1, 18.6, and 22.2.1, and except that in Appendix E, the term "shall" is substituted for "should" whenever it appears;
10.17.01.05.htm 10.17.01.05. 05 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) Alteration.. a) “Alteration” means to:. i) Change or modify an equipment room, a bathhouse, a component, or the configuration of a pool or spa;ii) Move a component from one location or position to another; or. iii) Install a new component.. b) “Alteration” does not include a repair or replacement.. 2) "Approved" means found by the Secretary to be in satisfactory compliance
10.17.01.06.htm 10.17.01.06. 06 Construction, Alteration, and Replacement Permits for Recreational Pools, Semipublic Pools, and Public Spas.A. An owner who intends to construct or alter a recreational pool, semipublic pool, or public spa or replace a public pool or spa component shall obtain a construction, alteration, or replacement permit from the Secretary before beginning construction, alteration, or replacement work.B. An owner may not construct or alter a recreational pool, semipublic pool
10.17.01.07.htm 10.17.01.07. 07 Permit for Construction of Part of a Recreational Pool, Semipublic Pool, or Public Spa.. A. An owner may request a permit for construction of part of a recreational pool, semipublic pool, or public spa by submitting to the Secretary:1) A detailed written explanation of why construction plans for the entire pool or spa cannot be submitted;2) Plans, information, and statements as required in Regulation .06 of this chapter that pertain to the construction of part
10.17.01.08.htm 10.17.01.08. 08 Approval After Construction, Alteration, or Replacement.. A. After construction, alteration, or replacement of a component at a recreational pool, semipublic pool, or public spa is completed, the owner shall contact the Secretary for approval of the pool or spa within 30 days.B. 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 alteration or construction.
10.17.01.09.htm 10.17.01.09. 09 Permits for Operation.. A. A person may not operate a public pool or spa without an annual operating permit issued by the Secretary, except that in the case of a pool or spa that has received a partial approval of construction or alteration pursuant to Regulation .08E of this chapter, the Secretary may issue a nontransferrable 30-day permit for the temporary operation of the pool or spa.B. On an application form provided by the Secretary, a person shall apply t
10.17.01.10.htm 10.17.01.10. 10 Suspension or Revocation of an Operating Permit.. A. Suspension.. 1) The Secretary may:. a) Suspend an operating permit if an owner or operator violates a requirement of this chapter; and. b) Summarily suspend an operating permit and close a public pool or spa when protection of the public health, safety, or welfare imperatively requires emergency action.2) The Secretary may summarily suspend an operating permit pursuant to §A(1)b) of this regulation for any of the following:
10.17.01.11.htm 10.17.01.11. 11 Inspections and Right of Entry.. A. The Secretary may enter, at a reasonable time, public or private property for inspecting and investigating conditions relative to the enforcement of this chapter.B. A person may not deny or interfere with the Secretary's entry onto public or private property to inspect or to take enforcement action pursuant to this chapter.
10.17.01.12.htm 10.17.01.12. 12 Conflict of Regulations.. An owner shall comply with:. A. The provision that establishes a higher standard for the promotion and protection of public health and safety if a provision of this chapter is in conflict with a local code, ordinance, statute, or other regulation; andB. This chapter if there is a conflict between this chapter and the provisions of American National Standard for Public Swimming Pools or the American National Standard for Public Spas.
10.17.01.13.htm 10.17.01.13. 13 Standards for Recreational and Semipublic Pools.. An owner shall ensure that an existing, newly built, or altered recreational or semipublic pool is in compliance with:A. This chapter;. B. Applicable State and local codes; and. C. The American National Standard for Public Swimming Pools..
10.17.01.14.htm 10.17.01.14. 14 Standards for Public Spas.. A. An owner shall ensure that an existing, newly built, or altered public spa is in compliance with:. 1) This chapter;. 2) Applicable State and local codes; and. 3) The American National Standard for Public Spas.. B. An owner shall ensure that a swim spa has:. 1) Clearly identified controls for the swim jets; and. 2) A shut-off switch for the swim jets that is accessible from within the swim spa..
10.17.01.15.htm 10.17.01.15. 15 Standards for Limited Public-Use Pools.. A. An owner of a limited public-use pool shall ensure that:. 1) The construction of the pool is in compliance with:. a) The American National Standard for Residential Inground Swimming Pools, if the pool is constructed in the ground or as a permanent structure in a building; orb) The American National Standard for Aboveground/Onground Residential Swimming Pools, if the pool is removable and located above ground or on ground;
10.17.01.16.htm 10.17.01.16. 16 Standards for Water Recreational Attractions.. An owner shall ensure that:. A. A water recreational attraction:. 1) Is designed to eliminate or minimize safety hazards such as entrapment, slipping, abrasions, cuts, falls, trip hazards, impact injury, and drowning;2) Is in compliance with applicable State and local codes and this chapter; and. 3) Has a communication system for use by supervisors, watchers, and lifeguards;. B. Plans for supervision, attendants, and lifeguar
10.17.01.17.htm 10.17.01.17. 17 Standards for Public Wading Pools.. An owner shall ensure that a public wading pool is in compliance with:. A. This chapter;. B. Applicable State and local codes;. C. The American National Standard for Public Swimming Pools; and. D. Article 10.6 of the American National Standard for Public Spas..
10.17.01.18.htm 10.17.01.18. 18 Standards for Public Therapy Pools.. An owner shall ensure that a public therapy pool:. A. Is in compliance with:. 1) This chapter;. 2) Applicable State and local codes; and. 3) The American National Standard for Public Swimming Pools;. B. Has:. 1) A deck with a minimum width of 4 feet around at least 50 percent of the therapy pool that provides access to individuals using the therapy pool, not including any ramp, entrance area, or exercise area; and
10.17.01.19.htm 10.17.01.19. 19 User Load.. A. The Secretary shall determine the user load, as defined in Regulation .05B(32) of this chapter, based on the following criteria:1) For a pool and its deck, one individual is allowed for:. a) Every 12 square feet of water surface in shallow areas,. b) Every 15 square feet of water surface in areas exceeding 5 feet of water depth, excluding a diving area, andc) The 300 square-foot diving area required for each diving board or diving platform;.
10.17.01.20.htm 10.17.01.20. 20 Public Pool or Spa Site.. An owner shall ensure that a public pool or spa site:. A. Drains away from the pool or spa area;. B. Has water and waste water facilities that conform to the requirements of:. 1) COMAR 09.20.01,. 2) COMAR 26.04.01-26.04.04, and. 3) Local plumbing code requirements;. C. Has a walkway between a pool or spa and appurtenant buildings such as a bathhouse or equipment room; andD. Complies with applicable State and local codes..
10.17.01.21.htm 10.17.01.21. 21 Barriers.. A. Except as set forth in §B, C, and D of this regulation, an owner shall ensure that a recreational pool, semipublic pool, or public spa, including the required deck area, is completely surrounded by a barrier that complies with the following requirements:1) The top of the barrier is at least 72 inches above grade measured on the side of the barrier that faces away from the pool or spa;2) The maximum vertical clearance between grade and the bottom of the barri
10.17.01.22.htm 10.17.01.22. 22 Decks.. A. An owner shall ensure that:. 1) A deck at a recreational or semipublic pool:. a) Completely surrounds the pool;. b) Is continuous with a minimum unobstructed width of 4 feet and an average width of 6 feet, and. c) Is in conformance with the American National Standard for Public Swimming Pools;. 2) A deck at a public spa is in conformance with the American National Standard for Public Spas;. 3) The slope of a deck is away from a pool or a spa, toward points of dispo
10.17.01.23.htm 10.17.01.23. 23 Equipment Rooms.. An owner shall ensure that a recreational pool, semipublic pool, or public spa has an equipment room that:A. Houses the pool or spa circulation, filtration, and disinfection equipment; and. B. Has:. 1) Weathertight construction to prevent the entrance of precipitation;. 2) Adequate floor area for safe access to all equipment;. 3) A minimum ceiling height of 7 feet 6 inches;. 4) A waterproof floor that drains to a floor drain;.
10.17.01.24.htm 10.17.01.24. 24 Pipe Material.. An owner shall ensure that pipe material for a public pool or spa conforms to COMAR 09.20.01..
10.17.01.25.htm 10.17.01.25. 25 Circulation Systems.. A. Gauges and Release Valves. An owner shall ensure that the circulation system for a recreational pool, semipublic pool, or public spa includes the following:1) A pressure gauge on the filter or on the influent side of the filter piping;. 2) A pressure gauge on the effluent side of the filter piping;. 3) A vacuum or compound gauge on the influent side of a pump;. 4) A flow meter that:. a) Indicates the rate of flow through the circulation system;.
10.17.01.26.htm 10.17.01.26. 26 Circulation System Components.. A. Except as provided in §B of this regulation, an owner of a recreational pool, semipublic pool, or public spa shall ensure that circulation system components, including skimmers, pumps, filters, multiport valves, adjustable output rate chemical feeders, flow-through chemical feeders, chemical process equipment, chlorine generators, ion generators, and other pool and spa equipment comply with Circulation System Components and Related Materials f
10.17.01.27.htm 10.17.01.27. 27 Diving Area and Equipment.. An owner of a public pool shall ensure that:. A. A pool used for accredited competitive aquatic events as defined in §3 of the American National Standard for Public Swimming Pools is in compliance with §6.4.1 of American National Standard for Public Swimming Pools;B. The dimensions of a pool diving area are in conformance with the following minimum dimensions and explanatory diagram:1) Minimum dimensions:. Diving Board Height (H) Above Water.
10.17.01.28.htm 10.17.01.28. 28 Suction Entrapment Prevention.. To prevent a suction entrapment hazard, an owner shall ensure that:. A. A vacuum fitting is capped when not in use;. B. A vacuum line valve is in the closed position when not in use;. C. Except as provided in §F and G of this regulation, the main drain for a public pool or spa complies with 15 U.S.C. §8003 and is:1) Connected to a minimum of two main drain outlets that are:. a) Not isolated by a valve or other means;.
10.17.01.28-1.htm 10.17.01.28-1. 28-1 Drain System Figures.. A. Dual Drain System.. B. Channel Drain System.. C. Main Drain and Skimmer Line System..
10.17.01.29.htm 10.17.01.29. 29 Chemical Storage Area.. An owner shall ensure that a recreational pool, semipublic pool, or public spa has a chemical storage area that:A. Is protected against the weather, excess heat, and moisture; and. B. Has:. 1) A lockable door which can be opened from the inside,. 2) Ventilation that is sized at 2 cfm per square foot of floor area and that exhausts to the open air,3) A minimum of 20 footcandles of illumination, and. 4) Storage for chemicals in accordance with the ma
10.17.01.30.htm 10.17.01.30. 30 Hydrostatic Relief Valves.. An owner shall ensure that an in-ground recreational pool, semipublic pool, or public spa has hydrostatic relief valves as needed to relieve the hydrostatic pressure from ground water when the pool or spa is empty.
10.17.01.31.htm 10.17.01.31. 31 Filter Backwash Water and Deck Drainage Disposal.. A. An owner shall ensure that:. 1) The disposal of filter backwash water and pool or spa wastewater conforms with:. a) COMAR 09.20.01,. b) Local sanitary code requirements, and. c) Discharge requirements of COMAR 26.08.01 - 26.08.04; and. 2) Deck drainage disposal conforms with:. a) COMAR 09.20.01, and. b) Local plumbing code requirements.. B. An owner may not return filter backwash water or other wastewater to a p
10.17.01.32.htm 10.17.01.32. 32 Illumination of Water, Deck, and Walkway.. An owner shall ensure that an indoor recreational pool, semipublic pool, or public spa, or one used during nighttime, is provided with:A. Even illumination of the water, deck, and walkways;. B. Illumination of the water and deck that is:. 1) A combination of underwater lighting and deck lighting so that the:. a) Underwater lighting yields at least 0.5 watt per square foot of water surface area, and. b) Deck lighting yields a
10.17.01.33.htm 10.17.01.33. 33 Ventilation of an Indoor Recreational Pool, Semipublic Pool, or Public Spa.. An owner shall ensure that an indoor recreational pool, semipublic pool, or public spa has:. A. A ventilating system capable of:. 1) Exhausting 1 1/2 cfm of air per square foot of enclosed area, or. 2) Dehumidifying the recirculated air from the enclosed area; and. B. Make-up air equal to the volume of exhausted air or as required in the ventilation system specifications.
10.17.01.34.htm 10.17.01.34. 34 Plumbing.. A. Water Supply System. An owner shall ensure that a water supply system at a public pool or spa is in conformance with:1) COMAR 26.04.01, 26.04.03, and 26.04.04;. 2) COMAR 09.20.01; and. 3) Local plumbing code requirements.. B. Sewage Disposal System. An owner shall ensure that a sewage disposal system at a public pool or spa is in conformance with:1) COMAR 26.04.02 and 26.04.03;. C. Drinking Fountains. An owner shall ensure that a recreational pool, semi
10.17.01.35.htm 10.17.01.35. 35 Toilet, Hand Sink, and Shower Facilities.. A. Except as provided in §B of this regulation, an owner shall ensure that a recreational pool, semipublic pool, or public spa has:1) A bathhouse, toilets, hand sinks, and showers within 100 feet of an entrance gate to the pool or spa in accordance with the American National Standard for Public Swimming Pools, Articles 19.1―19.6.13;2) At least a minimum number of toilets, hand sinks, and showers based on:.
10.17.01.36.htm 10.17.01.36. 36 Antiscald Protection for Showers.. An owner of a recreational pool, semipublic pool, or public spa shall ensure that each shower has an approved pressure-balanced, antiscald device that limits the delivered water temperature to below 115°F.
10.17.01.37.htm 10.17.01.37. 37 Accommodations for Disabled Individuals.. An owner shall ensure that a public pool or spa is in compliance with all applicable federal, State, and local codes governing facilities for disabled individuals, including COMAR 05.02.02.
10.17.01.38.htm 10.17.01.38. 38 Equipment Installation and Operating Instructions.. An owner of a public pool or spa shall ensure that:. A. Pool and spa equipment is installed according to manufacturers' instructions and this chapter;. B. Valves, controls, gauges, filters, pumps, feeders, and other operating equipment are easily accessible;C. Valves, controls, and piping are permanently numbered, labeled, or color-coded to identify their purpose or function; and
10.17.01.39.htm 10.17.01.39. 39 Maintenance.. An owner of a public pool or spa shall ensure that:. A. An inspection of the pool or spa and related facilities is made at least once a week by the operator for the purpose of maintaining the pool or spa in compliance with this chapter;B. The pool or spa and its related facilities are maintained in a safe, clean, and orderly condition;C. A broken, damaged, or malfunctioning fixture is promptly repaired or replaced; and.
10.17.01.40.htm 10.17.01.40. 40 Public Pool and Spa Safety.. A. First Aid and Lifesaving Equipment. An owner shall ensure that:. 1) A recreational pool is provided with:. a) A first aid kit as recommended by the American Red Cross;. b) A face mask for CPR;. c) Disposable medical grade examination gloves;. d) A bloodborne pathogen control kit;. e) A backboard designed for medical emergency use that is equipped with straps and head immobilizer;. f) A light, strong rescue pole not less than 10 feet long; and.
10.17.01.41.htm 10.17.01.41. 41 Pool and Spa Operator Certification.. A. A person may not act as or perform the duties of a public pool or spa operator without a pool and spa operator certification card issued by the Secretary as required in §B and G of this regulation.B. The Secretary shall issue a 3-year public pool and spa operator certification card only to an individual 16 years old or older who has:1) Completed a 14-hour approved public pool and spa operator's course or a course offered by the Sec
10.17.01.42.htm 10.17.01.42. 42 Approval of Operator's Course.. The Secretary shall approve a pool and a spa operator's course based on the following criteria:. A. An approved course shall cover general aspects of public pool and spa operation including:. 1) Applicable regulations,. 2) Disease prevention,. 3) Disinfection,. 4) Filtration,. 5) Circulation system components,. 6) General pool and spa equipment,. 7) Operation and maintenance of equipment,. 8) Water chemistry,. 10) Record keeping,.
10.17.01.43.htm 10.17.01.43. 43 Pool and Spa Operation.. An owner shall ensure that a certified pool and spa operator:. A. Is on site at all times when a recreational pool is open;. B. Is available at a semipublic pool, public spa, and at a limited public-use pool for performance of all requirements of this chapter and is able to respond to operational problems within 15 minutes when not available on site;C. Measures and records, or supervises and verifies the measurement and recording of, all informatio
10.17.01.44.htm 10.17.01.44. 44 Disinfection of a Pool and Spa.. A. An owner or operator of a public pool or spa shall ensure that a disinfectant or combination of disinfectants is added to the water automatically through an approved chemical feeder to maintain continuously a residual level as specified below:1) Free chlorine shall be between:. a) 1.5 ppm and 10.0 ppm in pools for swimming and diving and water recreational attractions;. b) 3.0 ppm and 10.0 ppm in pools for wading or therapy; and.
10.17.01.45.htm 10.17.01.45. 45 Water Chemistry of a Pool and Spa.. A. An owner or operator shall ensure that the water chemistry of a public pool or spa is maintained according to the following requirements:1) The pH of the water is maintained between 7.2 and 7.8;. 2) The total alkalinity of the water is maintained between 60 ppm and 180 ppm;. 3) The calcium hardness of the water is maintained between 150 and 400 ppm;.
10.17.01.46.htm 10.17.01.46. 46 Operating Records Required.. An operator shall maintain operating records on a form provided by the Secretary or an equivalent form and shall:A. Except as provided in §B of this regulation, record the information required in §C(1)3) of this regulation in 2-hour intervals for a recreational pool and for a public spa, and three times per day for a limited public-use and semipublic pool and record the information required in §C(4)9) of this regulation a minimum of t
10.17.01.47.htm 10.17.01.47. 47 Test Kits.. A. In order to comply with the requirements of Regulation .46 of this chapter, an owner shall ensure that:1) One or more of the following for measuring the disinfectant level is used:. a) A chlorine or bromine test kit that is the DPD (diethyl-p-phenylene diamine) reagent system for measuring free and combined chlorine or total bromine with an indicator range from 0.0 to 10.0 ppm or with procedures for performing a dilution test to achieve readings up to 10.0 ppm.
10.17.01.48.htm 10.17.01.48. 48 Sanitary Quality of Water.. Although routine testing is not required, an owner shall ensure that the water in a public pool or spa:A. Has a coliform bacteria level of less than 1 coliform per milliliter; and. B. Is free of pathogenic organisms..
10.17.01.49.htm 10.17.01.49. 49 Chemical Handling and Storage.. An owner shall ensure that a:. A. Material safety data sheet for a potentially hazardous chemical is available to the operator;. B. Chemical is handled, used, stored, and disposed of in accordance with the material safety data sheet and all applicable federal, State, and local codes; andC. Chemical is stored in a chemical storage area which is in compliance with Regulation .29 of this chapter.
10.17.01.50.htm 10.17.01.50. 50 Control of Infectious and Contagious Diseases.. A. An owner may not knowingly permit an individual to enter the water of a public pool or spa who has:1) An infectious or contagious disease that may be transmitted through water;. 2) An open cut, blister, or other lesion; or. 3) Diarrhea.. B. An owner or operator may not prohibit an individual from entering the water of a public pool or spa if a physician certifies that the individual's condition is not infectio
10.17.01.51.htm 10.17.01.51. 51 Injury and Illness Reports.. A public pool or spa owner shall ensure that:. A. An injury, drowning, near drowning, or suction entrapment occurring at a pool or spa that results in death or that requires resuscitation or admission to a hospital is reported to the Secretary within 24 hours of the incident;B. A waterborne illness contracted at a pool or spa is reported to the Secretary within 24 hours of the owner's or operator's knowledge of the incident;C. A water rescue by aqua
10.17.01.52.htm 10.17.01.52. 52 Disinfection of Swimsuits and Towels.. An owner shall ensure that a swimsuit or towel furnished to an individual by the owner or operator of a public pool or spa is:A. Washed in a washing machine with laundry detergent in hot water with a temperature of at least 175(F; andB. Rinsed in an effective disinfectant or heat dried at 175(F or more for at least 30 minutes after being washed.
10.17.01.53.htm 10.17.01.53. 53 Variances.. A. An owner who has been granted a variance by the Secretary before February 10, 1997 may continue to operate under that variance.B. An owner may request a variance from a requirement of this chapter by submitting a written application that:1) Contains specific details of the alternative procedure proposed by the owner;. 2) Specifies the applicable regulation to which the variance pertains;. 3) Explains the reason for the request;.
10.17.01.54.htm 10.17.01.54. 54 Compliance Schedules.. A. The owner of a public pool or spa that has a structure, equipment, or appurtenance that is not in compliance with this chapter as determined by the Secretary may submit to the Secretary for approval a compliance schedule for meeting the requirements of this chapter.B. The request from an owner for approval of a compliance schedule shall include:. 1) The reason that the noncompliance item cannot be immediately corrected;.
10.17.01.9999.htm 10.17.01.9999. Administrative History 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
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