.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 partial approval of construction or alteration pursuant to Regulation .08E of this chapter, the Secretary may issue a nontransferrable 30-day permit for the temporary operation of the pool or spa.

B. On an application form provided by the Secretary, a person shall apply to the Secretary for a permit to operate a public pool or spa at least 30 days before the pool or spa is scheduled to open for use for the first time and 30 days before a previous permit expires.

C. The Secretary shall:

(1) Issue a nontransferable permit to an owner whose public pool or spa is in compliance with this chapter; and

(2) When a public pool or spa does not meet the requirements of this chapter, deny the permit within 30 days 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 30 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 at the pool or spa site.