10.17.01.06-1

.06-1 Replacements.

A. An owner may replace a component at a recreational pool, semipublic pool, or public spa before obtaining approval from the Secretary.

B. Before replacing a component at a recreational pool, semipublic pool, or public spa, an owner shall obtain necessary:

(1) Local zoning approval;

(2) Building permits;

(3) Electrical permits;

(4) Plumbing permits; and

(5) Other applicable local permits.

C. The local health department may approve a local building permit for, or that includes, replacement of a component at a recreational pool, semipublic pool, or public spa before the replacement application is approved by the Secretary.

D. An owner shall submit, on a form provided by the Secretary, an application for the replacement of a component at a recreational pool, semipublic pool, or public spa within 10 business days of completing the replacement.

E. If, during an inspection by the local health department, it is determined that a component has been replaced and the owner failed to submit the form required in §D of this regulation, the owner shall submit the required form to the Department within 10 business days of the local health departmentís inspection.

F. The Secretary shall inspect the replacement of a component at a recreational pool, semipublic pool, or public spa within 30 business days of receipt of the application.

G. If, during the inspection, the replacement of a component at a recreational pool, semipublic pool, or public spa is in compliance with the requirements of this chapter, the Secretary shall:

(1) Provide the owner a copy of the inspection report; and

(2) Issue an approval letter.

H. If, during the inspection, the replacement of a component at a recreational pool, semipublic pool, or public spa is not in compliance with the requirements of this chapter, the Secretary shall:

(1) Deny the replacement application; and

(2) Notify the owner:

(a) Of the reason or reasons for the denial;

(b) That the owner may request from the Secretary an opportunity for a hearing on the denial pursuant to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, if the owner wishes to contest the denial;

(c) 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; and

(d) That the owner shall cease operation of a recreational pool, semipublic pool, or public spa if the component is essential to operation or cease operation of the replaced component, where the replacement of a component was found to violate this chapter until:

(i) The violation is corrected;

(ii) A new replacement application and applicable fee is submitted to the Secretary; and

(iii) The Secretary inspects and approves the replacement of the component.