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.

C. A person may operate or permit the use of a recreational pool, semipublic pool, or public spa for 30 days after completing the replacement of a public pool or spa component without receiving a final inspection and written approval from the Secretary.

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

(1) Grant written approval for the pool or spa if it was constructed or altered, or a public pool or spa component was replaced according to the approved plans, meets the requirements of this chapter, and the owner has received local approval for any building, electrical, plumbing, or other work that requires a local permit; or

(2) Deny approval for the pool or spa if it was not constructed or altered, or a public pool or spa component was not replaced according to the approved plans, does not meet the requirements of this chapter, or the owner has not received local approval for any building, electrical, plumbing, or other work that requires a local permit.

E. The Secretary shall grant written approval or deny approval of the completed construction, alteration, or replacement of a public pool or spa component within 30 days of receipt of notice of completion from the owner.

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

(1) The owner shall fully comply with this chapter by the end of the 30-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-day period, the Secretary is unable to approve the recreational pool, semipublic pool, or public spa pursuant to §C of this regulation, the Secretary shall disapprove the construction or alteration.

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

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

(2) That the person 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, if the person wishes to contest the disapproval; and

(3) That to preserve the right to a hearing, the person shall contact the Secretary within 30 days of the receipt of the notice of disapproval.