EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0303*
HOUSE BILL 303
E4 2lr1032
SB 254/21 – JPR CF SB 319
By: Delegate Stein Delegates Stein, Boyce, Healey, Jalisi, Lehman, Prettyman,
and Ruth
Introduced and read first time: January 19, 2022
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 23, 2022
CHAPTER ______
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 2 HOUSE BILL 303
12–1201. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “ADDITIONS” HAS THE MEANING STAT ED IN THE INTERNATIONAL 4
SWIMMING POOL AND SPA CODE. 5
(C) “ALTERATIONS” HAS THE MEANING STAT ED IN THE INTERNATIONAL 6
SWIMMING POOL AND SPA CODE. 7
(D) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF LABOR. 8
(E) (1) “INTERNATIONAL SWIMMING POOL AND SPA CODE” MEANS THE 9
FIRST PRINTING OF TH E MOST RECENT EDITIO N OF THE INTERNATIONAL 10
SWIMMING POOL AND SPA CODE ISSUED BY THE INTERNATION AL CODE COUNCIL. 11
(2) “INTERNATIONAL SWIMMING POOL AND SPA CODE” DOES NOT 12
INCLUDE INTERIM AMEN DMENTS OR SUBSEQUENT PRINTINGS OF THE MOS T 13
RECENT EDITION OF TH E INTERNATIONAL SWIMMING POOL AND SPA CODE. 14
(F) “LOCAL JURISDICTION ” MEANS THE COUNTY OR MUNICIPAL 15
CORPORATION THAT IS RESPONSIBLE FOR IMPL EMENTATION AND ENFOR CEMENT 16
OF THE STANDARDS UNDER THIS SUBTITLE. 17
(G) “REPAIRS” HAS THE MEANING STAT ED IN THE INTERNATIONAL 18
SWIMMING POOL AND SPA CODE. 19
(H) “SPA” HAS THE MEANING STAT ED IN THE INTERNATIONAL SWIMMING 20
POOL AND SPA CODE. 21
(I) “STANDARDS” MEANS THE MARYLAND SWIMMING POOL AND SPA 22
STANDARDS. 23
(J) “SWIMMING POOL ” HAS THE MEANING STAT ED IN THE INTERNATIONAL 24
SWIMMING POOL AND SPA CODE. 25
12–1202. 26
(A) THIS SUBTITLE DOES NO T ALTER OR ABROGATE THE AUTHORITY OF : 27
(1) THE STATE FIRE PREVENTION COMMISSION TO ENFORCE THE 28
ELECTRICAL CODE UNDER SUBTITLE 6 OF THIS TITLE; 29
HOUSE BILL 303 3
(2) THE PUBLIC SERVICE COMMISSION TO ENFORCE THE ENERGY 1
CODE DEFINED UNDER TH E ENERGY CONSERVATION BUILDING STANDARDS ACT, 2
TITLE 7, SUBTITLE 4 OF THE PUBLIC UTILITIES ARTICLE; OR 3
(3) THE MARYLAND DEPARTMENT OF HEALTH TO: 4
(I) ENFORCE THE STANDARDS FOR THE DES IGN AND 5
CONSTRUCTION , INCLUDING ADDITIONS , ALTERATIONS , OR REPAIRS, OF PUBLIC 6
SWIMMING POOLS ; OR 7
(II) REGULATE THE OPER ATION AND MAINTENANC E OF 8
SWIMMING POOLS AND S PAS. 9
(B) THIS SUBTITLE DOES NO T ALTER OR ABROGATE ANY ZONING POWER OR 10
RELATED AUTHORITY OF A COUNTY OR MUNICIPA L CORPORATION . 11
(C) THIS SUBTITLE DOES NO T ALLOW OR ENCOURAGE THE STATE TO 12
INITIATE OR ASSUME A N INDEPENDENT ROLE IN THE ADMINISTRATION A ND 13
ENFORCEMENT OF THE STANDARDS FOR A SWIMM ING POOL OR SPA THAT IS NOT 14
OWNED OR OPERATED BY THE STATE. 15
12–1203. 16
(A) (1) THE (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 17
PARAGRAPH , THE DEPARTMENT SHALL ADOP T BY REGULATION , AS THE MARYLAND 18
SWIMMING POOL AND SPA STANDARDS, THE INTERNATIONAL SWIMMING POOL 19
AND SPA CODE, WITH THE MODIFICATIO NS INCORPORATED BY T HE DEPARTMENT 20
IN ACCORDANCE WITH S UBSECTION (B) OF THIS SECTION. 21
(II) THE DEPARTMENT SHALL ADOP T, AS PART OF THE 22
STANDARDS, THE PROVISIONS OF TH E INTERNATIONAL SWIMMING POOL AND SPA 23
CODE RELATING TO THE REQUIREMENTS FOR ADD ITIONS, ALTERATIONS , AND 24
REPAIRS WITHOUT MODI FICATION. 25
(2) THE DEPARTMENT SHALL ADOP T EACH SUBSEQUENT VE RSION OF 26
THE STANDARDS WIT HIN 18 MONTHS AFTER IT IS I SSUED. 27
(B) BEFORE ADOPTING EACH VERSION OF THE STANDARDS, THE 28
DEPARTMENT SHALL : 29
(1) REVIEW THE INTERNATIONAL SWIMMING POOL AND SPA CODE 30
TO DETERMINE WHETHER MODIFICATIONS SHOULD BE INCORPORATED IN T HE 31
STANDARDS; 32
4 HOUSE BILL 303
(2) CONSIDER CHANGES TO THE INTERNATIONAL SWIMMING POOL 1
AND SPA CODE TO ENHANCE ENERG Y CONSERVATION AND E FFICIENCY; 2
(3) SUBJECT TO THE PROVI SIONS OF ITEM (2) OF THIS SUBSECTION , 3
ADOPT MODIFICATIONS TO THE STANDARDS THAT ALLOW ANY INNOVATIVE 4
APPROACH, DESIGN, EQUIPMENT, OR METHOD OF CONSTRU CTION, INCLUDING 5
ADDITIONS, ALTERATIONS , OR REPAIRS, THAT CAN BE DEMONSTR ATED TO OFFER 6
ADDITIONAL ENERGY EF FICIENCY; 7
(4) CONSULT WITH THE MARYLAND DEPARTMENT OF HEALTH ON 8
THE EFFECT OF THE PR OPOSED CHANGES ON HE ALTH AND SAFETY; 9
(5) ACCEPT WRITTEN COMME NTS; 10
(6) CONSIDER ANY COMMENT S RECEIVED; AND 11
(7) HOLD A PUBLIC HEARIN G ON EACH PROPOSED M ODIFICATION. 12
(C) THE STANDARDS APPLY TO EA CH SWIMMING POOL OR SPA IN THE 13
STATE FOR WHICH AN AP PLICATION FOR A PERM IT IS RECEIVED BY A LOCAL 14
JURISDICTION ON OR A FTER JUNE 1, 2023. 15
12–1204. 16
(A) A LOCAL JURISDICTION M AY ADOPT LOCAL AMEND MENTS TO THE 17
STANDARDS IF THE LOCA L AMENDMENTS DO NOT : 18
(1) PROHIBIT THE MINIMUM IMPLEMENTATION AND E NFORCEMENT 19
ACTIVITIES SET FORTH IN § 12–1205 OF THIS SUBTITLE; OR 20
(2) WEAKEN ENERGY CONSER VATION AND EFFICIENC Y PROVISIONS 21
CONTAINED IN THE STANDARDS. 22
(B) IF A LOCAL JURISDICTI ON ADOPTS A LOCAL AM ENDMENT TO THE 23
STANDARDS, THE STANDARDS AS AMENDED BY THE LOCAL JURISDI CTION APPLY IN 24
THE LOCAL JURISDICTION . 25
(C) IF A LOCAL AMENDMENT CONFLICTS WITH THE STANDARDS, THE LOCAL 26
AMENDMENT PREVAILS I N THE LOCAL JURISDIC TION. 27
(D) A LOCAL JURISDICTION T HAT ADOPTS A LOCAL A MENDMENT TO THE 28
STANDARDS SHALL ENSUR E THAT THE LOCAL AME NDMENT IS ADOPTED IN 29
ACCORDANCE WITH APPL ICABLE LOCAL LAW . 30
HOUSE BILL 303 5
(E) TO KEEP THE DATABASE ESTABLISHED UNDER TH IS SUBTITLE 1
CURRENT, A LOCAL JURISDICTION THAT ADOPTS A LOCAL AMENDMENT TO THE 2
STANDARDS SHALL PROVI DE A COPY OF THE LOC AL AMENDMENT TO THE 3
DEPARTMENT : 4
(1) AT LEAST 15 DAYS BEFORE THE EFFE CTIVE DATE OF THE 5
AMENDMENT ; OR 6
(2) WITHIN 5 DAYS AFTER THE ADOPT ION OF AN EMERGENCY LOCAL 7
AMENDMENT . 8
12–1205. 9
(A) (1) (I) EACH LOCAL JURISDICTI ON SHALL IMPLEMENT A ND 10
ENFORCE THE MOST CUR RENT VERSION OF THE STANDARDS AND ANY LO CAL 11
AMENDMENTS TO THE STANDARDS. 12
(II) ANY MODIFICATION OF T HE STANDARDS ADOPTED BY THE 13
STATE ON OR AFTER DECEMBER 31, 2022, SHALL BE IMPLEMENTED AND ENFORCED 14
BY A LOCAL JURISDICT ION NOT LATER THAN 12 MONTHS AFTER THE 15
MODIFICATIONS ARE AD OPTED BY THE STATE. 16
(2) AT A MINIMUM, THE LOCAL JURISDICTI ON SHALL ENSURE THAT 17
IMPLEMENTATION AND E NFORCEMENT OF THE STANDARDS INCLUDES : 18
(I) REVIEW AND ACCEPTANC E OF APPROPRIATE PLA NS; 19
(II) ISSUANCE OF WORK PERMITS; 20
(III) INSPECTION OF THE WO RK AUTHORIZED BY THE WORK 21
PERMITS; AND 22
(IV) ISSUANCE OF APPROPRI ATE USE AND OCCUPANC Y 23
CERTIFICATES. 24
(3) EACH LOCAL JURISDICTI ON SHALL DETERMINE T HE MANNER IN 25
WHICH THE MINIMUM IM PLEMENTATION AND ENF ORCEMENT ACTIVITIES OF THIS 26
SUBSECTION ARE CARRIED OUT. 27
(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, THE 28
COUNTY IN WHICH A SW IMMING POOL OR SPA I S LOCATED SHALL IMPL EMENT AND 29
ENFORCE THE STANDARDS FOR THAT SW IMMING POOL OR SPA I N ACCORDANCE 30
WITH THIS SUBTITLE . 31
6 HOUSE BILL 303
(2) (I) A MUNICIPAL CORPORATIO N THAT DID NOT ADOPT A 1
SWIMMING POOL AND SP A CODE BEFORE OCTOBER 1, 2022, MAY ELECT TO 2
IMPLEMENT AND ENFORC E THE STANDARDS IN ACCORDAN CE WITH THIS SUBTITL E 3
FOR SWIMMING POOLS O R SPAS LOCATED IN TH E MUNICIPAL CORPORAT ION. 4
(II) IF A MUNICIPAL CORPORATIO N ELECTS TO IMPLEMEN T AND 5
ENFORCE THE STANDARDS UNDER THIS PARAGRAPH , THE COUNTY IN WHICH THE 6
MUNICIPAL CORPORATIO N IS LOCATED IS NOT RESPONSIBLE FOR 7
IMPLEMENTATION AND E NFORCEMENT OF THE STANDARDS IN THE MUNI CIPAL 8
CORPORATION . 9
(3) A COUNTY THAT DID NOT ADOPT A SWIMMING POO L AND SPA 10
CODE BEFORE OCTOBER 1, 2022, SHALL IMPLEMENT AND ENFORCE THE 11
STANDARDS IN THE COUN TY UNLESS IT ELECTS TO NEGOTIATE WITH A MUNICIPAL 12
CORPORATION IN THE C OUNTY TO HAVE THE MU NICIPAL CORPORATION 13
IMPLEMENT AND ENFORCE THE STANDARDS IN THE COUN TY. 14
(4) A MUNICIPAL CORPORATIO N THAT ADOPTED A SWI MMING POOL 15
AND SPA CODE BEFORE OCTOBER 1, 2021 2022, SHALL IMPLEMENT AND ENFORCE 16
THE STANDARDS IN THE MUNI CIPAL CORPORATION UN LESS IT ELECTS TO 17
NEGOTIATE WITH THE C OUNTY IN WHICH THE MUNICIP AL CORPORATION IS 18
LOCATED TO HAVE THE COUNTY IMPLEMENT AND ENFORCE THE STANDARDS IN THE 19
MUNICIPAL CORPORATIO N. 20
(C) A LOCAL JURISDICTION M AY CHARGE FEES NECES SARY TO COVER THE 21
COST OF IMPLEMENTATI ON AND ENFORCEMENT O F THE STANDARDS AN D ANY 22
LOCAL AMENDMENTS TO THE STANDARDS. 23
12–1206. 24
(A) THE DEPARTMENT SHALL MAIN TAIN A CENTRAL AUTOM ATED 25
DATABASE IN ACCORDAN CE WITH THIS SECTION . 26
(B) (1) AT A MINIMUM , THE DEPARTMENT SHALL INCL UDE IN THE 27
DATABASE: 28
(I) THE STANDARDS; 29
(II) LOCAL AMENDMENTS TO THE STANDARDS; 30
(III) THE ELECTRICAL CODE REQUIRED UNDER SUBTITLE 6 OF 31
THIS TITLE; 32
(IV) LOCAL AMENDMENTS TO THE ELECTRICAL CODE; AND 33 HOUSE BILL 303 7
(V) INFORMATION COMPILED BY THE DEPARTMENT UNDER 1
PARAGRAPH (2) OF THIS SUBSECTION . 2
(2) THE DEPARTMENT MAY COMPIL E AND INCLUDE IN THE 3
DATABASE: 4
(I) ANY INFORMATION PROV IDED BY A LOCAL JURI SDICTION 5
ON THE IMPLEMENTATIO N AND INTERPRETATION OF THE STANDARDS BY THE 6
LOCAL JURISDICTION ; AND 7
(II) INTERIM AMENDMENTS T O THE INTERNATIONAL 8
SWIMMING POOL AND SPA CODE INCLUDING SUBSEQ UENT PRINTINGS OF TH E MOST 9
RECENT EDITION . 10
(C) THE DEPARTMENT SHALL : 11
(1) MAKE INFORMATION FRO M THE DATABASE AVAIL ABLE TO A 12
LOCAL JURISDICTION , STATE UNIT, OR OTHER INTERESTED PARTY; 13
(2) PROVIDE EACH LOCAL J URISDICTION WITH THE NECESSA RY 14
HARDWARE OR SOFTWARE TO ENABLE THE LOCAL JURISDICTION TO ACCE SS THE 15
INFORMATION IN THE D ATABASE; AND 16
(3) COORDINATE WITH LOCA L SWIMMING POOL AND SPA OFFICIALS, 17
THE STATE FIRE MARSHAL, AND LOCAL FIRE OFFIC IALS IN COMPILING 18
INFORMAT ION FOR THE DATABASE . 19
(D) (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 20
PARAGRAPH , THE DEPARTMENT MAY CHARGE A FEE FOR INFORMATIO N PROVIDED 21
FROM THE DATABASE . 22
(II) THE DEPARTMENT MAY NOT CH ARGE A FEE TO A STATE 23
UNIT OR LOCAL JURISD ICTION. 24
(2) THE DEPARTMENT MAY NOT CH ARGE A FEE TO A LOCA L 25
JURISDICTION FOR THE ONGOING MAINTENANCE OF THE DATABASE . 26
(3) FEES COLLECTED IN ACC ORDANCE WITH THIS SU BSECTION 27
UNEXPENDED AT THE EN D OF THE FISCAL YEAR DO NOT REVERT TO THE GENERAL 28
FUND OF THE STATE, BUT SHALL BE KEPT IN A SPECIAL FUND AVAIL ABLE TO THE 29
DEPARTMENT TO CARRY O UT THIS SUBTITLE. 30
12–1207. 31 8 HOUSE BILL 303
(A) THE DEPARTMENT MAY : 1
(1) DEVELOP A VOLUNTARY FORUM THAT MAY BE US ED, ON REQUEST 2
OF A LOCAL JURISDICT ION, TO RESOLVE CONFLICTS THAT INVOLVE THE 3
STANDARDS; AND 4
(2) ADOPT REGULATIONS TO CARRY OUT THIS SUBTI TLE. 5
(B) THE DEPARTMENT : 6
(1) SHALL NOTIFY EACH LO CAL JURISDICTION OF EACH CHANGE TO 7
THE INTERNATIONAL SWIMMING POOL AND SPA CODE AND THE IMPACT T HE 8
CHANGE WILL HAVE ON THE LOCAL AMENDMENTS IN THAT LOCAL JURISD ICTION; 9
(2) MAY PROVIDE TRAINING FOR LOCAL SWIMMING P OOL AND SPA 10
OFFICIALS ON THE STANDARDS AND CERTIFY THE PARTICIPATION OF LOCAL 11
SWIMMING POOL AND SP A OFFICIALS IN THE T RAINING; 12
(3) ON REQUEST , SHALL PROVIDE A LOCA L JURISDICTIO N WITH 13
TECHNICAL ASSISTANCE TO IMPLEMENT AND ENF ORCE THE STANDARDS; AND 14
(4) SHALL CONSULT WITH T HE MARYLAND DEPARTMENT OF HEALTH 15
ON THE IMPLEMENTATIO N OF THE STANDARDS IN RELATION TO THE REGULATION 16
OF THE OPERATION AND MAINTENANCE OF SWIMM ING POOLS AND SPAS. 17
SECTION 2. AND BE IT FURTHER ENACTED, That : 18
(a) Except as provided in subsection (b) of this section, this Act shall be construed 19
to apply to swimming pools and spas, including swimming pools and spas in hotels and 20
motels, only prospectively and may not be applied or interpreted to have any effect on or 21
application to a swimming pool or spa in operation before the effective date of this Act. 22
(b) This Act shall be construed to apply to any swimming pool or spa for which 23
new construction or renovation, or a substantial and material structural change, this Act 24
does not apply to a swimming pool or spa built and in operation before June 1, 2023, unless 25
there is construction or renovation that results in a substantial and material structural 26
change to the swimming pool or spa that occurs on or after the effective date of this Act 27
June 1, 2023. 28
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2022. 30