Maryland 2022 2022 Regular Session

Maryland House Bill HB303 Introduced / Bill

Filed 01/19/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0303*  
  
HOUSE BILL 303 
E4   	2lr1032 
SB 254/21 – JPR   	CF 2lr1034 
By: Delegate Stein 
Introduced and read first time: January 19, 2022 
Assigned to: Environment and Transportation 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Public Safety – Maryland Swimming Pool and Spa Standards – Adoption 2 
 
FOR the purpose of requiring the Maryland Department of Labor to adopt by regulation 3 
the International Swimming Pool and Spa Code as the Maryland Swimming Pool 4 
and Spa Standards; providing for the implementation of the Standards by the 5 
Department, local jurisdictions, counties, and municipalities; requiring the 6 
Department to consult with the Maryland Department of Health on the 7 
implementation of the Standards in relation to the regulation of the operation and 8 
maintenance of swimming pools and spas; and generally relating to the Maryland 9 
Swimming Pool and Spa Standards. 10 
 
BY adding to 11 
 Article – Public Safety 12 
Section 12–1201 through 12–1207 to be under the new subtitle “Subtitle 12. 13 
Maryland Swimming Pool and Spa Standards” 14 
 Annotated Code of Maryland 15 
 (2018 Replacement Volume and 2021 Supplement) 16 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 
That the Laws of Maryland read as follows: 18 
 
Article – Public Safety 19 
 
SUBTITLE 12. MARYLAND SWIMMING POOL AND SPA STANDARDS. 20 
 
12–1201. 21 
 
 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 22 
INDICATED. 23 
  2 	HOUSE BILL 303  
 
 
 (B) “ADDITIONS” HAS THE MEANING STAT ED IN THE INTERNATIONAL 1 
SWIMMING POOL AND SPA CODE. 2 
 
 (C) “ALTERATIONS” HAS THE MEANING STAT ED IN THE INTERNATIONAL 3 
SWIMMING POOL AND SPA CODE. 4 
 
 (D) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF LABOR. 5 
 
 (E) (1) “INTERNATIONAL SWIMMING POOL AND SPA CODE” MEANS THE 6 
FIRST PRINTING OF TH E MOST RECENT EDITION O F THE INTERNATIONAL 7 
SWIMMING POOL AND SPA CODE ISSUED BY THE INTERNATIONAL CODE COUNCIL. 8 
 
 (2) “INTERNATIONAL SWIMMING POOL AND SPA CODE” DOES NOT 9 
INCLUDE INTERIM AMEN DMENTS OR SUBSEQUENT PRINTINGS OF THE MOS T 10 
RECENT EDITION OF TH E INTERNATIONAL SWIMMING POOL AND SPA CODE. 11 
 
 (F) “LOCAL JURISDICTION ” MEANS THE COUNTY OR 	MUNICIPAL 12 
CORPORATION THAT IS RESPONSIBLE FOR IMPL EMENTATION AND ENFOR CEMENT 13 
OF THE STANDARDS UNDER THIS SUBTITLE. 14 
 
 (G) “REPAIRS” HAS THE MEANING STAT ED IN THE INTERNATIONAL 15 
SWIMMING POOL AND SPA CODE. 16 
 
 (H) “SPA” HAS THE MEANING STAT ED IN THE INTERNATIONAL SWIMMING 17 
POOL AND SPA CODE. 18 
 
 (I) “STANDARDS” MEANS THE MARYLAND SWIMMING POOL AND SPA 19 
STANDARDS. 20 
 
 (J) “SWIMMING POOL ” HAS THE MEANING STAT ED IN THE INTERNATIONAL 21 
SWIMMING POOL AND SPA CODE. 22 
 
12–1202. 23 
 
 (A) THIS SUBTITLE DOES NO T ALTER OR ABROGATE THE AUTHORITY OF : 24 
 
 (1) THE STATE FIRE PREVENTION COMMISSION TO ENFORCE THE 25 
ELECTRICAL CODE UNDER SUBTITLE 6 OF THIS TITLE; 26 
 
 (2) THE PUBLIC SERVICE COMMISSION TO ENFORCE THE ENERGY 27 
CODE DEFINED UNDER TH E ENERGY CONSERVATION BUILDING STANDARDS ACT, 28 
TITLE 7, SUBTITLE 4 OF THE PUBLIC UTILITIES ARTICLE; OR 29 
 
 (3) THE MARYLAND DEPARTMENT OF HEALTH TO: 30   	HOUSE BILL 303 	3 
 
 
 
 (I) ENFORCE THE STANDARDS FOR THE DES IGN AND 1 
CONSTRUCTION , INCLUDING ADDITIONS , ALTERATIONS , OR REPAIRS, OF PUBLIC 2 
SWIMMING POOLS ; OR 3 
 
 (II) REGULATE THE OPERATI ON AND MAINTENANCE O	F 4 
SWIMMING POOLS AND S PAS. 5 
 
 (B) THIS SUBTITLE DOES NO T ALTER OR ABROGATE ANY ZONING POWER OR 6 
RELATED AUTHORITY OF A COUNTY OR MUN ICIPAL CORPORATION . 7 
 
 (C) THIS SUBTITLE DOES NO T ALLOW OR ENCOURAGE THE STATE TO 8 
INITIATE OR ASSUME A N INDEPENDENT ROLE I N THE ADMINISTRATION AND 9 
ENFORCEMENT OF THE STANDARDS FOR A SWIMM ING POOL OR SPA THAT IS NOT 10 
OWNED OR OPERATED BY THE STATE. 11 
 
12–1203. 12 
 
 (A) (1) THE DEPARTMENT SHALL ADOP T BY REGULATION , AS THE 13 
MARYLAND SWIMMING POOL AND SPA STANDARDS, THE INTERNATIONAL 14 
SWIMMING POOL AND SPA CODE, WITH THE MODIFICATIO NS INCORPORATED BY 15 
THE DEPARTMENT IN ACCORDA NCE WITH SUBSECTION (B) OF THIS SECTION. 16 
 
 (2) THE DEPARTMENT SHALL ADOP T EACH SUBSEQUENT VE RSION OF 17 
THE STANDARDS WITHIN 18 MONTHS AFTER IT IS I SSUED. 18 
 
 (B) BEFORE ADOPTING EACH VERSION OF THE STANDARDS, THE 19 
DEPARTMENT SHALL : 20 
 
 (1) REVIEW THE INTERNATIONAL SWIMMING POOL AND SPA CODE 21 
TO DETERMINE WHETHER MODIFICATION S SHOULD BE INCORPOR ATED IN THE 22 
STANDARDS; 23 
 
 (2) CONSIDER CHANGES TO THE INTERNATIONAL SWIMMING POOL 24 
AND SPA CODE TO ENHANCE ENERG Y CONSERVATION AND E FFICIENCY; 25 
 
 (3) SUBJECT TO THE PROVI SIONS OF ITEM (2) OF THIS SUBSECTION , 26 
ADOPT MOD IFICATIONS TO THE STANDARDS THAT ALLOW ANY INNOVATIVE 27 
APPROACH, DESIGN, EQUIPMENT, OR METHOD OF CONSTRU CTION, INCLUDING 28 
ADDITIONS, ALTERATIONS , OR REPAIRS, THAT CAN BE DEMONSTR ATED TO OFFER 29 
ADDITIONAL ENERGY EF FICIENCY; 30 
 
 (4) CONSULT WITH THE MARYLAND DEPARTMENT OF HEALTH ON 31 
THE EFFECT OF THE PR OPOSED CHANGES ON HE ALTH AND SAFETY ;  32  4 	HOUSE BILL 303  
 
 
 
 (5) ACCEPT WRITTEN COMME NTS; 1 
 
 (6) CONSIDER ANY COMMENT S RECEIVED; AND 2 
 
 (7) HOLD A PUBLIC HEARIN G ON EACH PROPOSED M ODIFICATION. 3 
 
 (C) THE STANDARDS APPLY TO EA CH SWIMMING POOL OR SPA IN THE 4 
STATE FOR WHICH AN AP PLICATION FOR A PERM IT IS RECEIVED BY A LOCAL 5 
JURISDICTION ON OR A FTER JUNE 1, 2023. 6 
 
12–1204. 7 
 
 (A) A LOCAL JURISDICTION M AY ADOPT LOCAL AMEND MENTS TO THE 8 
STANDARDS IF THE LOCA L AMENDMENTS DO NOT : 9 
 
 (1) PROHIBIT THE MINIMUM IMPLEMEN TATION AND ENFORCEME NT 10 
ACTIVITIES SET FORTH IN § 12–1205 OF THIS SUBTITLE; OR 11 
 
 (2) WEAKEN ENERGY CONSER VATION AND EFFICIENC Y PROVISIONS 12 
CONTAINED IN THE STANDARDS. 13 
 
 (B) IF A LOCAL JURISDICTI ON ADOPTS A LOCAL AM ENDMENT TO THE 14 
STANDARD S, THE STANDARDS AS AMENDED BY THE LOCAL JURISDI CTION APPLY IN 15 
THE LOCAL JURISDICTI ON. 16 
 
 (C) IF A LOCAL AMENDMENT CONFLICTS WITH THE STANDARDS, THE LOCAL 17 
AMENDMENT PREVAILS I N THE LOCAL JURISDIC TION. 18 
 
 (D) A LOCAL JURISDICTION T HAT ADOPTS A LOCAL A MENDMENT TO THE 19 
STANDARDS SHALL ENSUR E THAT THE LOCAL AME NDMENT IS ADOPTED IN 20 
ACCORDANCE WITH APPL ICABLE LOCAL LAW . 21 
 
 (E) TO KEEP THE DATABASE ESTABLISHED UNDER TH IS SUBTITLE 22 
CURRENT, A LOCAL JURISDICTION THAT ADOPTS A LOCAL AMENDMENT TO THE 23 
STANDARDS SHALL PROVI DE A COPY OF THE LOCA L AMENDMENT TO THE 24 
DEPARTMENT : 25 
 
 (1) AT LEAST 15 DAYS BEFORE THE EFFE CTIVE DATE OF THE 26 
AMENDMENT ; OR 27 
 
 (2) WITHIN 5 DAYS AFTER THE ADOPT ION OF AN EMERGENCY LOCAL 28 
AMENDMENT . 29 
   	HOUSE BILL 303 	5 
 
 
12–1205. 1 
 
 (A) (1) (I) EACH LOCAL JURISDICTI ON SHALL IMPLEMENT AND 2 
ENFORCE THE MOST CUR RENT VERSION OF THE STANDARDS AND ANY LOC AL 3 
AMENDMENTS TO THE STANDARDS. 4 
 
 (II) ANY MODIFICATION OF T HE STANDARDS ADOPTED BY THE 5 
STATE ON OR AFTER DECEMBER 31, 2022, SHALL BE IMPLEMENTED AND ENFORCED 6 
BY A LOCAL JURISDICT ION NOT LATER THAN 12 MONTHS AFTER THE 7 
MODIFICATIONS ARE AD OPTED BY THE STATE. 8 
 
 (2) AT A MINIMUM, THE LOCAL JURISDICTI ON SHALL ENSURE THAT 9 
IMPLEMENTATION AND E NFORCEMENT OF THE STANDARDS INCLUDES : 10 
 
 (I) REVIEW AND ACCEPTANC E OF APPROPRIATE PLA NS; 11 
 
 (II) ISSUANCE OF WORK PER MITS; 12 
 
 (III) INSPECTION OF THE WO RK AUTHORIZED BY THE WORK 13 
PERMITS; AND 14 
 
 (IV) ISSUANCE OF APPROPRI ATE USE AND OCCUPANC	Y 15 
CERTIFICATES. 16 
 
 (3) EACH LOCAL JURISDICTI ON SHALL DETERMINE T HE MANNER IN 17 
WHICH THE MINIMUM IM PLEMENTATI ON AND ENFORCEMENT A CTIVITIES OF THIS 18 
SUBSECTION ARE CARRI ED OUT. 19 
 
 (B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, THE 20 
COUNTY IN WHICH A SW IMMING POOL OR SPA I S LOCATED SHALL IMPL EMENT AND 21 
ENFORCE THE STANDARDS FOR THAT SW IMMING POOL OR SPA I N ACCORDANCE 22 
WITH THIS SUBTITLE . 23 
 
 (2) (I) A MUNICIPAL CORPORATIO N THAT DID NOT ADOPT A 24 
SWIMMING POOL AND SP A CODE BEFORE OCTOBER 1, 2022, MAY ELECT TO 25 
IMPLEMENT AND ENFORC E THE STANDARDS IN ACCORDAN CE WITH THIS SUBTITL E 26 
FOR SWIMMING POOLS O R SPAS LOCATED IN THE MUNICIPAL CORPOR ATION. 27 
 
 (II) IF A MUNICIPAL CORPOR ATION ELECTS TO IMPL EMENT AND 28 
ENFORCE THE STANDARDS UNDER THIS PARAGRAPH , THE COUNTY IN WHICH THE 29 
MUNICIPAL CORPORATIO N IS LOCATED IS NOT 	RESPONSIBLE FOR 30 
IMPLEMENTATION AND E NFORCEMENT OF THE STANDARDS IN THE MUNICIPAL 31 
CORPORATION . 32 
  6 	HOUSE BILL 303  
 
 
 (3) A COUNTY THAT DID NOT ADOPT A SWIMMING POO L AND SPA 1 
CODE BEFORE OCTOBER 1, 2022, SHALL IMPLEMENT AND ENFORCE THE 2 
STANDARDS IN THE COUN TY UNLESS IT ELECTS TO NEGOTIATE WITH A MUNICIPAL 3 
CORPORATION IN THE C OUNTY TO HAV E THE MUNICIPAL CORP ORATION 4 
IMPLEMENT AND ENFORC E THE STANDARDS IN THE COUN TY. 5 
 
 (4) A MUNICIPAL CORPORATIO N THAT ADOPTED A SWI MMING POOL 6 
AND SPA CODE BEFORE OCTOBER 1, 2021, SHALL IMPLEMENT AND ENFORCE THE 7 
STANDARDS IN THE MUNI CIPAL CORPORATION UN LESS IT ELECTS TO NEGOTIATE 8 
WITH THE COUNTY IN W HICH THE MUNICIPAL C ORPORATION IS LOCATE D TO HAVE 9 
THE COUNTY IMPLEMENT AND ENFORCE THE STANDARDS IN THE MUNI CIPAL 10 
CORPORATION . 11 
 
 (C) A LOCAL JURISDICTION M AY CHARGE FEES NECES SARY TO COVER THE 12 
COST OF IMPLEMENTATI ON AND ENFORCEMENT OF T HE STANDARDS AND ANY 13 
LOCAL AMENDMENTS TO THE STANDARDS. 14 
 
12–1206. 15 
 
 (A) THE DEPARTMENT SHALL MAIN TAIN A CENTRAL AUTOM ATED 16 
DATABASE IN ACCORDAN CE WITH THIS SECTION . 17 
 
 (B) (1) AT A MINIMUM , THE DEPARTMENT SHALL INCL UDE IN THE 18 
DATABASE: 19 
 
 (I) THE STANDARDS; 20 
 
 (II) LOCAL AMENDMENTS TO THE STANDARDS; 21 
 
 (III) THE ELECTRICAL CODE REQUIRED UNDER SUBTITLE 6 OF 22 
THIS TITLE; 23 
 
 (IV) LOCAL AMENDMENTS TO THE ELECTRICAL CODE; AND 24 
 
 (V) INFORMATION COMPILED BY THE DEPARTMENT UNDER 25 
PARAGRAPH (2) OF THIS SUBSECTION . 26 
 
 (2) THE DEPARTMENT MAY COMPIL E AND INCLUDE IN THE 27 
DATABASE: 28 
 
 (I) ANY INFORMATION PROV IDED BY A LOCAL JURI SDICTION 29 
ON THE IMPLEMENTATIO N AND INTERPRETATION OF THE STANDARDS BY THE 30 
LOCAL JURISDICTION ; AND 31 
   	HOUSE BILL 303 	7 
 
 
 (II) INTERIM AMENDMEN TS TO THE INTERNATIONAL 1 
SWIMMING POOL AND SPA CODE INCLUDING SUBSEQ UENT PRINTINGS OF TH E MOST 2 
RECENT EDITION . 3 
 
 (C) THE DEPARTMENT SHALL : 4 
 
 (1) MAKE INFORMATION FRO M THE DATABASE AVAIL ABLE TO A 5 
LOCAL JURISDICTION , STATE UNIT, OR OTHER INTERESTED PARTY; 6 
 
 (2) PROVIDE EACH LOCAL J URISDICTION WITH THE NECESSARY 7 
HARDWARE OR SOFTWARE TO ENABLE THE LOCAL JURISDICTION TO ACCE SS THE 8 
INFORMATION IN THE D ATABASE; AND 9 
 
 (3) COORDINATE WITH LOCA L SWIMMING POOL AND SPA OFFICIALS, 10 
THE STATE FIRE MARSHAL, AND LOCAL FIR E OFFICIALS IN COMPI LING 11 
INFORMATION FOR THE DATABASE. 12 
 
 (D) (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 13 
PARAGRAPH , THE DEPARTMENT MAY CHARGE A FEE FOR INFORMATIO N PROVIDED 14 
FROM THE DATABASE . 15 
 
 (II) THE DEPARTMENT MAY NOT CH ARGE A FEE TO A STATE 16 
UNIT OR LOCAL JURISD ICTION. 17 
 
 (2) THE DEPARTMENT MAY NOT CH ARGE A FEE TO A LOCA L 18 
JURISDICTION FOR THE ONGOING MAINTENANCE OF THE DATABASE . 19 
 
 (3) FEES COLLECTED IN ACC ORDANCE WITH THIS SU BSECTION 20 
UNEXPENDED AT THE EN D OF THE FISCAL YEAR DO NOT REVER T TO THE GENERAL 21 
FUND OF THE STATE, BUT SHALL BE KEPT IN A SPECIAL FUND AVAIL ABLE TO THE 22 
DEPARTMENT TO CARRY O UT THIS SUBTITLE. 23 
 
12–1207. 24 
 
 (A) THE DEPARTMENT MAY : 25 
 
 (1) DEVELOP A VOLUNTARY FORUM THAT MAY BE US ED, ON REQUEST 26 
OF A LOCAL JURISDICT ION, TO RESOLVE CONFLICTS TH AT INVOLVE THE 27 
STANDARDS; AND 28 
 
 (2) ADOPT REGULATIONS TO CARRY OUT THIS SUBTI TLE. 29 
 
 (B) THE DEPARTMENT : 30 
  8 	HOUSE BILL 303  
 
 
 (1) SHALL NOTIFY EACH LO CAL JURISDICTION OF EACH CHANGE TO 1 
THE INTERNATIONAL SWIMMING POOL AND SPA CODE AND THE IMPACT T HE 2 
CHANGE WILL HAVE ON THE L OCAL AMENDMENTS IN T HAT LOCAL JURISDICTI ON; 3 
 
 (2) MAY PROVIDE TRAINING FOR LOCAL SWIMMING P OOL AND SPA 4 
OFFICIALS ON THE STANDARDS AND CERTIFY THE PARTICIPATION OF LOCAL 5 
SWIMMING POOL AND SP A OFFICIALS IN THE T RAINING; 6 
 
 (3) ON REQUEST , SHALL PROVIDE A LOCA L JURISDICTION WITH 7 
TECHNICAL ASSISTANCE TO IMPLEMENT AND ENF ORCE THE STANDARDS; AND 8 
 
 (4) SHALL CONSULT WITH T HE MARYLAND DEPARTMENT OF HEALTH 9 
ON THE IMPLEMENTATIO N OF THE STANDARDS IN RELATION TO THE REGULATION 10 
OF THE OPERATION AND MAINTENANCE OF SWIMM ING POOLS AND SPAS . 11 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That: 12 
 
 (a) Except as provided in subsection (b) of this section, this Act shall be construed 13 
to apply to swimming pools and spas, including swimming pools and spas in hotels and 14 
motels, only prospectively and may not be applied or interpreted to have any effect on or 15 
application to a swimming pool or spa in operation before the effective date of this Act.  16 
 
 (b) This Act shall be construed to apply to any swimming pool or spa for which 17 
new construction or renovation, or a substantial and material structural change, occurs on 18 
or after the effective date of this Act.  19 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 20 
October 1, 2022. 21