Subtitle 17 SWIMMING POOLS AND SPAS › Chapter 01 Public Swimming Pools and Spas

.01 Purpose and Scope. A. The purpose of this chapter is to enact regulations that protect and promote the public health and safety of individuals at public spas and pools in Maryland. Public pools include limited public-use pools, recreational pools, and semipublic pools. Public…

.02 Exclusions. This chapter does not apply to a: A. Private pool, except for a private pool defined as a limited public-use pool in Regulation .05B of this chapter; B. Private spa; C. Pool or spa that is completely emptied of water, disinfected, and refilled with water between e…

.03 Previously Constructed Pools and Spas. A. Except as provided in §C of this regulation, the owner of a pool or spa that was constructed before February 10, 1997 is exempt from bringing the pool or spa into compliance with: (1) Regulations .13C, .14A(3), .17C, .18A(3), .22, .24…

.04 Documents Incorporated by Reference. The following documents are incorporated by reference in this chapter: A. American National Standard for Public Swimming Pools (ANSI/NSPI-1 2003) except Articles 6.5, 6.5.1, 6.6, 6.6.1, 6.6.2, 6.6.3, 6.8, 6.9.1, 6.9.3, 7.1.6, 7.1.7, 7.1.7.…

.05 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) Alteration. (a) “Alteration” means to: (i) Change or modify an equipment room, a bathhouse, a component, or the configuration of a pool or spa; (ii) Move a component from o…

.06 Construction and Alteration Permits. A. An owner who intends to construct or alter a public pool or spa shall obtain a construction or alteration permit from the Secretary before beginning the construction or alteration. B. An owner may not construct or alter a recreational p…

.07 Repairs. An owner may make a repair to a recreational pool, semipublic pool, or public spa in accordance with this chapter without: A. Obtaining a construction, alteration, or replacement permit from the Secretary; or B. Notifying the Secretary.

.08 Approval After Construction or Alteration. A. 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 construction or alteration. B. The Secretary shall conduct an in…

.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…

.10 Suspension or Revocation of an Operating Permit. A. Suspension. (1) The Secretary may: (a) Suspend an operating permit if an owner or operator violates a requirement of this chapter; and (b) Summarily suspend an operating permit and close a public pool or spa when protection …

.11 Inspections and Right of Entry. A. The Secretary may enter, at a reasonable time, public or private property for inspecting and investigating conditions relative to the enforcement of this chapter. B. A person may not deny or interfere with the Secretary's entry onto public o…

.12 Conflict of Regulations. An owner shall comply with: A. The provision that establishes a higher standard for the promotion and protection of public health and safety if a provision of this chapter is in conflict with a local code, ordinance, statute, or other regulation; and …

.13 Standards for Recreational and Semipublic Pools. An owner shall ensure that an existing, newly built, or altered recreational or semipublic pool is in compliance with: A. This chapter; B. Applicable State and local codes; and C. The American National Standard for Public Swimm…

.14 Standards for Public Spas. A. An owner shall ensure that an existing, newly built, or altered public spa is in compliance with: (1) This chapter; (2) Applicable State and local codes; and (3) The American National Standard for Public Spas. B. An owner shall ensure that a swim…

.15 Standards for Limited Public-Use Pools. A. An owner of a limited public-use pool shall ensure that: (1) The construction of the pool is in compliance with: (a) The American National Standard for Residential Inground Swimming Pools, if the pool is constructed in the ground or …

.16 Standards for Water Recreational Attractions. An owner shall ensure that: A. A water recreational attraction: (1) Is designed to eliminate or minimize safety hazards such as entrapment, slipping, abrasions, cuts, falls, trip hazards, impact injury, and drowning; (2) Is in com…

.17 Standards for Public Wading Pools. An owner shall ensure that a public wading pool is in compliance with: A. This chapter; B. Applicable State and local codes; C. The American National Standard for Public Swimming Pools; and D. Article 10.6 of the American National Standard f…

.18 Standards for Public Therapy Pools. An owner shall ensure that a public therapy pool: A. Is in compliance with: (1) This chapter; (2) Applicable State and local codes; and (3) The American National Standard for Public Swimming Pools; B. Has: (1) A deck with a minimum width of…

.19 User Load. A. The Secretary shall determine the user load, as defined in Regulation .05B(32) of this chapter, based on the following criteria: (1) For a pool and its deck, one individual is allowed for: (a) Every 12 square feet of water surface in shallow areas, (b) Every 15 …

.20 Public Pool or Spa Site. An owner shall ensure that a public pool or spa site: A. Drains away from the pool or spa area; B. Has water and waste water facilities that conform to the requirements of: (1) COMAR 09.20.01, (2) COMAR 26.04.01—26.04.04, and (3) Local plumbing code r…

.21 Barriers. A. Except as set forth in §§B, C, and D of this regulation, an owner shall ensure that a recreational pool, semipublic pool, or public spa, including the required deck area, is completely surrounded by a barrier that complies with the following requirements: (1) The…

.22 Decks. A. An owner shall ensure that: (1) A deck at a recreational or semipublic pool: (a) Completely surrounds the pool; (b) Is continuous with a minimum unobstructed width of 4 feet and an average width of 6 feet, and (c) Is in conformance with the American National Standar…

.23 Equipment Rooms. An owner shall ensure that a recreational pool, semipublic pool, or public spa has an equipment room that: A. Houses the pool or spa circulation, filtration, and disinfection equipment; and B. Has: (1) Weathertight construction to prevent the entrance of prec…

.24 Pipe Material. An owner shall ensure that pipe material for a public pool or spa conforms to COMAR 09.20.01.

.25 Circulation Systems. A. Gauges and Release Valves. An owner shall ensure that the circulation system for a recreational pool, semipublic pool, or public spa includes the following: (1) A pressure gauge on the filter or on the influent side of the filter piping; (2) A pressure…

.26 Circulation System Components. A. Except as provided in §B of this regulation, an owner of a recreational pool, semipublic pool, or public spa shall ensure that circulation system components, including skimmers, pumps, filters, multiport valves, adjustable output rate chemica…

.27 Diving Area and Equipment. An owner of a public pool shall ensure that: A. A pool used for accredited competitive aquatic events as defined in §3 of the American National Standard for Public Swimming Pools is in compliance with §6.4.1 of American National Standard for Public …

.28 Suction Entrapment Prevention. To prevent a suction entrapment hazard, an owner shall ensure that: A. A vacuum fitting is capped when not in use; B. A vacuum line valve is in the closed position when not in use; C. Except as provided in §§F and G of this regulation, the main …

.29 Chemical Storage Area. An owner shall ensure that a recreational pool, semipublic pool, or public spa has a chemical storage area that: A. Is protected against the weather, excess heat, and moisture; and B. Has: (1) A lockable door which can be opened from the inside; (2) Ven…

.30 Hydrostatic Relief Valves. An owner shall ensure that an in-ground recreational pool, semipublic pool, or public spa has hydrostatic relief valves as needed to relieve the hydrostatic pressure from ground water when the pool or spa is empty.

.31 Filter Backwash Water and Deck Drainage Disposal. A. An owner shall ensure that: (1) The disposal of filter backwash water and pool or spa wastewater conforms with: (a) COMAR 09.20.01; (b) Local sanitary code requirements; and (c) Discharge requirements of COMAR 26.08.01—26.0…

.32 Illumination of Water, Deck, and Walkway. An owner shall ensure that an indoor recreational pool, semipublic pool, or public spa, or one used during nighttime, is provided with: A. Even illumination of the water, deck, and walkways; B. Illumination of the water and deck that …

.33 Ventilation of an Indoor Recreational Pool, Semipublic Pool, or Public Spa. An owner shall ensure that an indoor recreational pool, semipublic pool, or public spa has: A. A ventilating system capable of: (1) Exhausting 1 1/2 cfm of air per square foot of enclosed area; or (2)…

.34 Plumbing. A. Water Supply System. An owner shall ensure that a water supply system at a public pool or spa is in conformance with: (1) COMAR 26.04.01, 26.04.03, and 26.04.04; (2) COMAR 09.20.01; and (3) Local plumbing code requirements. B. Sewage Disposal System. An owner sha…

.35 Toilet, Hand Sink, and Shower Facilities. A. Except as provided in §B of this regulation, an owner shall ensure that a recreational pool, semipublic pool, or public spa has: (1) A bathhouse, toilets, hand sinks, and showers within 100 feet of an entrance gate to the pool or s…

.36 Antiscald Protection for Showers. An owner of a recreational pool, semipublic pool, or public spa shall ensure that each shower has an approved pressure-balanced, antiscald device that limits the delivered water temperature to below 115°F.

.37 Accommodations for Disabled Individuals. An owner shall ensure that a public pool or spa is in compliance with all applicable federal, State, and local codes governing facilities for disabled individuals, including COMAR 05.02.02. Cross References 10.17.01.21A(10)(e)

.38 Equipment Installation and Operating Instructions. An owner of a public pool or spa shall ensure that: A. Pool and spa equipment is installed according to manufacturers' instructions and this chapter; B. Valves, controls, gauges, filters, pumps, feeders, and other operating e…

.39 Maintenance. An owner of a public pool or spa shall ensure that: A. An inspection of the pool or spa and related facilities is made at least once a week by the operator for the purpose of maintaining the pool or spa in compliance with this chapter; B. The pool or spa and its …

.40 Public Pool and Spa Safety. A. First Aid and Lifesaving Equipment. An owner shall ensure that: (1) A recreational pool is provided with: (a) A first aid kit as recommended by the American Red Cross; (b) A face mask for CPR; (c) Disposable medical grade examination gloves; (d)…

.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…

.42 Approval of Operator's Course. The Secretary shall approve a pool and a spa operator's course based on the following criteria: A. An approved course shall cover general aspects of public pool and spa operation including: (1) Applicable regulations; (2) Disease prevention; (3)…

.43 Pool and Spa Operation. An owner shall ensure that a certified pool and spa operator: A. Is on-site at all times when a recreational pool is open; B. Is available at a semipublic pool, public spa, and at a limited public-use pool for performance of all requirements of this ch…

.44 Disinfection of a Pool and Spa. A. An owner or operator of a public pool or spa shall ensure that a disinfectant or combination of disinfectants is added to the water automatically through an approved chemical feeder to maintain continuously a residual level as specified belo…

.45 Water Chemistry of a Pool and Spa. A. An owner or operator shall ensure that the water chemistry of a public pool or spa is maintained according to the following requirements: (1) The pH of the water is maintained between 7.2 and 7.8; (2) The total alkalinity of the water is …

.46 Operating Records Required. An operator shall maintain operating records on a form provided by the Secretary or an equivalent form and shall: A. Except as provided in §B of this regulation, record the information required in §C(1)—(3) of this regulation in 2-hour intervals fo…

.47 Test Kits. A. In order to comply with the requirements of Regulation .46 of this chapter, an owner shall ensure that: (1) One or more of the following for measuring the disinfectant level is used: (a) A chlorine or bromine test kit that is the DPD (diethyl-p-phenylene diamine…

.48 Sanitary Quality of Water. Although routine testing is not required, an owner shall ensure that the water in a public pool or spa: A. Has a coliform bacteria level of less than 1 coliform per milliliter; and B. Is free of pathogenic organisms. Cross References 10.17.01.05B(4-…

.49 Chemical Handling and Storage. An owner shall ensure that a: A. Material safety data sheet for a potentially hazardous chemical is available to the operator; B. Chemical is handled, used, stored, and disposed of in accordance with the material safety data sheet and all applic…

.50 Control of Infectious and Contagious Diseases. A. An owner may not knowingly permit an individual to enter the water of a public pool or spa who has: (1) An infectious or contagious disease that may be transmitted through water; (2) An open cut, blister, or other lesion; or (…