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, or public spa or replace a public pool or spa component without a construction, alteration, or replacement permit.

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

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

(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, or the replacement of the public pool or spa component;

(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, alteration, or replacement permit and meet the requirements of this chapter prior to the issuance of an operating permit by the Secretary”; and

(c) The owner’s signature, which:

(i) Indicates the owner has supplied the correct information on and with the application; and

(ii) Is in agreement with the statement set forth in §C(1)(b) of this regulation; and

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

(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;

(b) Are drawn to scale, in a professional and accurate manner, with sufficient clarity and detailed dimensions to show the nature and character of the work to be performed; and

(c) Include specific information on the quality or performance of the material or equipment when necessary to establish conformance with this chapter.

D. Except for an alteration or replacement, an owner shall ensure that the plans and specifications required in §C of this regulation include the following:

(1) Site plan with contours;

(2) Building plan;

(3) Pool or spa layout plan, sectional views, and appurtenant equipment;

(4) Pool or spa piping layout plan;

(5) Deck and barrier plan;

(6) Filter room layout plan with the location of equipment and piping;

(7) Ventilation plan;

(8) Bathhouse plan;

(9) Lighting plan;

(10) Potable water supply plumbing diagram;

(11) Waste disposal plumbing diagram;

(12) Finish schedules;

(13) Equipment and material specifications;

(14) Head loss calculations;

(15) Pump performance curve;

(16) Waste water disposal site;

(17) Chemical storage plan; and

(18) Any information, including material samples, necessary to determine if the plans and specifications comply with criteria set forth in this chapter.

E. An owner shall ensure that, for an alteration or replacement, the plans and specifications required in §C of this regulation include the information that pertains to the alteration or replacement.

F. An owner shall obtain necessary local zoning approval and building, electrical, plumbing, and other applicable local permits before beginning construction or alteration of a recreational pool, semipublic pool, or public spa or replacement of a public pool or spa component.

G. Before issuing a construction, alteration, or replacement permit, the Secretary may require changes in the design of the facilities if the design does not meet the criteria set forth in this chapter.

H. Upon an owner’s compliance with the provisions of this chapter, the Secretary shall approve the plans and specifications and issue a construction, alteration, or replacement permit, which is valid for the start of the construction, alteration, or replacement for 1 year from the date of issue and for 1 additional year from the date construction, alteration, or replacement begins.

I. The local county health officer may not approve a local building permit for recreational pool, semipublic pool, or public spa construction, alteration, or replacement until the plans and specifications for pool or spa construction or alteration, or the replacement of a public pool or spa component have been approved by the Secretary.

J. The Secretary shall review the plans and application and shall approve or deny issuance of a construction, alteration, or replacement permit within 30 days of receipt of the application.

K. If plans are submitted that are not in compliance with the requirements of this chapter, the Secretary shall disapprove the plans and deny the issuance of a construction, alteration or replacement permit.

L. An owner may not deviate from the approved plans and specifications for construction, alteration, or replacement at a recreational pool, semipublic pool, or public spa unless revised plans are submitted to and approved in writing by the Secretary.

M. If a recreational pool, semipublic pool, or public spa is not being constructed or altered or components are not being replaced in accordance with the approved plans, the Secretary may revoke the construction, alteration, or replacement permit for the construction, alteration, or replacement and the owner immediately shall cease construction, alteration, or replacement.

N. If the Secretary denies the issuance of a construction, alteration, or replacement permit as set forth in §K of this regulation, or revokes a construction, alteration, or replacement permit as set forth in §M of this regulation, the Secretary shall notify the owner in writing:

(1) Of the reason or reasons for the denial or revocation;

(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) That to preserve the right to a hearing, the owner shall contact the Department within 30 days of the receipt of the notice of denial or revocation.

O. An owner shall ensure that a construction, alteration, or replacement permit is posted in a conspicuous location at the site of construction, alteration, or replacement.

P. An owner may make a repair to a previously approved structure, component, or piece of equipment in accordance with this chapter without:

(1) Obtaining a construction, alteration or replacement permit from the Secretary; or

(2) Notifying the Secretary.