A. The owner of a public pool or spa that has a structure, equipment, or appurtenance that is not in compliance with this chapter as determined by the Secretary may submit to the Secretary for approval a compliance schedule for meeting the requirements of this chapter.
B. The request from an owner for approval of a compliance schedule shall include:
(1) The reason that the noncompliance item cannot be immediately corrected;
(2) The plan for correction of the noncompliance item; and
(3) The time schedule for the correction of the noncompliance item.
C. The Secretary may approve the compliance schedule if the:
(1) Owner has submitted a written request for approval of a compliance schedule in accordance with §B of this regulation;
(2) Time schedule for the correction of the noncompliance item is accepted by the Secretary; and
(3) Operation of the pool or spa during the time allowed to bring the pool or spa into compliance does not adversely affect the health and safety of the public.
D. The Secretary may not approve a compliance schedule for a newly constructed pool or spa that has not received construction approval under Regulation .08 of this chapter.
E. The Secretary shall issue an operating permit or shall refrain from suspending an operating permit to an owner if:
(1) A compliance schedule has been approved by the Secretary for the correction of a noncompliance item;
(2) The owner is following the approved compliance schedule; and
(3) The pool or spa is otherwise in compliance with this chapter.