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