10.17.01.41

.41 Pool and Spa Operator Certification.

A. A person may not act as or perform the duties of a public pool or spa operator without a pool and spa operator certification card issued by the Secretary as required in §§B and G of this regulation.

B. The Secretary shall issue a 3-year public pool and spa operator certification card only to an individual 16 years old or older who has:

(1) Completed a 14-hour approved public pool and spa operator's course or a course offered by the Secretary with a minimum grade of 70 percent on an approved written examination given following the completion of that course; or

(2) Presented proof of previous certification and has:

(a) Completed an approved 4-hour refresher course; or

(b) Passed a challenge exam offered by the Secretary.

C. The Secretary may summarily suspend a pool and spa operator's certification if the operator does not comply with Regulation .43 of this chapter.

D. Hearing for Summary Suspension. In the case of the summary suspension of certification pursuant to §C of this regulation, the Secretary shall provide the certification card holder with written notice of the suspension and an opportunity for a hearing pursuant to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

E. To preserve the right to a hearing, the certification card holder shall contact the Secretary within 30 days of the receipt of the notice of the suspension.

F. The Secretary shall recognize a pool and spa operator certification as valid throughout the State.

G. The Secretary shall issue a 3-year limited public-use pool operator certification card to an individual 16 years old or older who has completed:

(1) An approved 4-hour limited public-use pool operator's course and passed an approved written examination with a minimum grade of 75 percent following completion of the course; or

(2) The requirements of §B of this regulation.

H. An individual who possesses a public pool and spa operator certification card may perform the duties of a public pool and spa operator at a limited public-use, recreational, and semipublic pool and public spa. An individual who possesses a limited public-use pool operator certification card may perform the duties of a limited public-use pool operator only at a limited public-use pool.