10.17.01.08

.08 Approval After Construction or Alteration.

A. 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 construction or alteration.

B. The Secretary shall conduct an inspection to ensure that a recreational pool, semipublic pool, or public spa is constructed or altered according to the approved plans and meets the requirements of this chapter, and shall:

(1) Grant written approval for the pool or spa if:

(a) It was constructed or altered according to the approved plans;

(b) It meets the requirements of this chapter; and

(c) The owner has received local approval for any:

(i) Building;

(ii) Electrical;

(iii) Plumbing; or

(iv) Other work that requires a local permit; or

(2) Deny approval for the pool or spa if:

(a) It was not constructed or altered according to the approved plans;

(b) It does not meet the requirements of this chapter; or

(c) The owner has not received local approval for any:

(i) Building;

(ii) Electrical;

(iii) Plumbing; or

(iv) Other work that requires a local permit.

C. The Secretary shall grant written approval or deny approval of the completed construction or alteration of a public pool or spa within 15 business days of inspecting.

D. If minor items that do not affect the health or safety of the public need to be corrected, the Secretary may issue a temporary approval for the pool or spa after construction pending full compliance according to the following conditions:

(1) The owner shall fully comply with this chapter by the end of the 30-business-day period in order to obtain written approval of the recreational pool, semipublic pool, or public spa; and

(2) If at the end of the 30-business-day period, the Secretary is unable to approve the recreational pool, semipublic pool, or public spa pursuant to §B of this regulation, the Secretary shall disapprove the construction.

E. If the Secretary does not grant approval for the pool or spa after it is constructed or altered, the Secretary shall notify the owner in writing:

(1) Of the reason or reasons for the disapproval;

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

(3) That to preserve the right to a hearing, the owner shall submit a written request for a hearing to the Secretary within 10 business days of the receipt of the notice of disapproval; and

(4) That the owner shall submit a new plan review application and pay any applicable fees according to Regulation .06 of this chapter.