.09 Permits for Operation.

A. A person may not operate a public pool or spa without an annual operating permit issued by the Secretary, except that in the case of a pool or spa that has received a temporary approval of construction pursuant to Regulation .08D of this chapter, the Secretary may issue a nontransferable 30-calendar-day permit for the temporary operation of the pool or spa.

B. On an application form provided by the Secretary, an owner shall apply to the Secretary for an annual permit to operate a public pool or spa for:

(1) A newly constructed pool or spa, at least 30 business days before the pool or spa is scheduled to open; or

(2) An existing pool or spa, 30 business days before the previous permit expires.

C. The Secretary shall:

(1) Issue, for each pool or spa, a nontransferable permit to an owner whose public pool or spa is in compliance with this chapter as verified by a full compliance inspection completed within the 12 months prior to the expiration of the current operating permit; and

(2) When a public pool or spa does not meet the requirements of this chapter, deny the permit within 30 business days of the receipt of the application by notifying the owner in writing:

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

(b) Of the action to be taken in order for the pool or spa to qualify for a permit;

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

(d) That to preserve the right to a hearing, the person shall contact the Secretary within 10 business days of the receipt of the notice of denial.

D. A person who operates a public pool or spa shall post the operating permit in a conspicuous place near the entrance to the pool or spa.