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 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.