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.
Italics indicate opposite chamber/conference committee amendments.
*hb0303*
HOUSE BILL 303
E4 (2lr1032)
ENROLLED BILL
— Environment and Transportation/Judicial Proceedings —
Introduced by Delegate Stein Delegates Stein, Boyce, Healey, Jalisi, Lehman,
Prettyman, and Ruth
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 303
Section 12–1201 through 12–1207 to be under the new subtitle “Subtitle 12. 1
Maryland Swimming Pool and Spa Standards” 2
Annotated Code of Maryland 3
(2018 Replacement Volume and 2021 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Public Safety 7
SUBTITLE 12. MARYLAND SWIMMING POOL AND SPA STANDARDS. 8
12–1201. 9
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(B) “ADDITIONS” HAS THE MEANING STAT ED IN THE INTERNATIONAL 12
SWIMMING POOL AND SPA CODE. 13
(C) “ALTERATIONS” HAS THE MEANING STAT ED IN THE INTERNATIONAL 14
SWIMMING POOL AND SPA CODE. 15
(D) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF LABOR. 16
(E) (1) “INTERNATIONAL SWIMMING POOL AND SPA CODE” MEANS THE 17
FIRST PRINTING OF TH E MOST RECENT EDITIO N OF THE INTERNATIONAL 18
SWIMMING POOL AND SPA CODE ISSUED BY THE INTERNATIONAL CODE COUNCIL. 19
(2) “INTERNATIONAL SWIMMING POOL AND SPA CODE” DOES NOT 20
INCLUDE INTERIM AMEN DMENTS OR SUBSEQUENT PRINTINGS OF THE MOS T 21
RECENT EDITION OF TH E INTERNATIONAL SWIMMING POOL AND SPA CODE. 22
(F) “LOCAL JURISDICTION ” MEANS THE COUNTY OR MUNICIPAL 23
CORPORATION THAT IS RESPONSIBLE FOR IMPL EMENTATION AND ENFOR CEMENT 24
OF THE STANDARDS UNDER THIS SUBTITLE. 25
(G) “REPAIRS” HAS THE MEANING STAT ED IN THE INTERNATIONAL 26
SWIMMING POOL AND SPA CODE. 27
(H) “SPA” HAS THE MEANING STAT ED IN THE INTERNATIONAL SWIMMING 28
POOL AND SPA CODE. 29
(I) “STANDARDS” MEANS THE MARYLAND SWIMMING POOL AND SPA 30
STANDARDS. 31 HOUSE BILL 303 3
(J) “SWIMMING POOL ” HAS THE MEANING STAT ED IN THE INTERNATIONAL 1
SWIMMING POOL AND SPA CODE. 2
12–1202. 3
(A) THIS SUBTITLE DOES NO T ALTER OR ABROGATE THE AUTHORITY OF : 4
(1) THE STATE FIRE PREVENTION COMMISSION TO ENFORCE THE 5
ELECTRICAL CODE UNDER SUBTITLE 6 OF THIS TITLE; 6
(2) THE PUBLIC SERVICE COMMISSION TO ENFORCE THE ENERGY 7
CODE DEFINED UNDER TH E ENERGY CONSERVATION BUILDING STANDARDS ACT, 8
TITLE 7, SUBTITLE 4 OF THE PUBLIC UTILITIES ARTICLE; OR 9
(3) THE MARYLAND DEPARTMENT OF HEALTH TO: 10
(I) ENFORCE THE STANDARDS FOR THE DES IGN AND 11
CONSTRUCTION , INCLUDING ADDITIONS , ALTERATIONS , OR REPAIRS, OF PUBLIC 12
SWIMMING POOLS ; OR 13
(II) REGULATE THE OPERATI ON AND MAINTENANCE O F 14
SWIMMING POOLS AND S PAS. 15
(B) THIS SUBTITLE DOES NO T ALTER OR ABROGATE ANY ZONING POWER OR 16
RELATED AUTHORITY OF A COUNTY OR MUNICIPA L CORPORATION . 17
(C) THIS SUBTITLE DOES NO T ALLOW OR ENCOURAGE THE STATE TO 18
INITIATE OR ASSUME A N INDEPENDENT ROLE I N THE ADMINISTRATION AND 19
ENFORCEMENT OF THE STANDARDS FOR A SWIMM ING POOL OR SPA THAT IS NOT 20
OWNED OR OPERATED BY THE STATE. 21
12–1203. 22
(A) (1) THE (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 23
PARAGRAPH , THE DEPARTMENT SHALL ADOP T BY REGULATION , AS THE MARYLAND 24
SWIMMING POOL AND SPA STANDARDS, THE INTERNATIONAL SWIMMING POOL 25
AND SPA CODE, WITH THE MODIFICATIO NS INCORPORATED BY T HE DEPARTMENT 26
IN ACCORDANCE WITH S UBSECTION (B) OF THIS SECTION. 27
(II) THE DEPARTMENT SHALL ADOP T, AS PART OF THE 28
STANDARDS, THE PROVISIONS OF TH E INTERNATIONAL SWIMMING POOL AND SPA 29
CODE RELATING TO THE REQUIREMENTS FOR ADD ITIONS, ALTERATIONS , AND 30
REPAIRS WITHOUT MODI FICATION. 31 4 HOUSE BILL 303
(2) THE DEPARTMENT SHALL ADOP T EACH SUBSEQUENT VE RSION OF 1
THE STANDARDS WITHIN 18 MONTHS AFTER IT IS ISSUED. 2
(B) BEFORE ADOPTING EACH VERSION OF THE STANDARDS, THE 3
DEPARTMENT SHALL : 4
(1) REVIEW THE INTERNATIONAL SWIMMING POOL AND SPA CODE 5
TO DETERMINE WHETHER MODIFICATIONS SHOULD BE INCORPORATED IN T HE 6
STANDARDS; 7
(2) CONSIDER CHANGES TO THE INTERNATIONAL SWIMMING POOL 8
AND SPA CODE TO ENHANCE ENERG Y CONSERVATION AND E FFICIENCY; 9
(3) SUBJECT TO THE PROVI SIONS OF ITEM (2) OF THIS SUBSECTION , 10
ADOPT MODIFICATIONS TO THE STANDARDS THAT ALLOW ANY INNOVATIVE 11
APPROACH, DESIGN, EQUIPMENT, OR METHOD O F CONSTRUCTION , INCLUDING 12
ADDITIONS, ALTERATIONS , OR REPAIRS, THAT CAN BE DEMONSTR ATED TO OFFER 13
ADDITIONAL ENERGY EF FICIENCY; 14
(4) CONSULT WITH THE MARYLAND DEPARTMENT OF HEALTH ON 15
THE EFFECT OF THE PR OPOSED CHANGES ON HE ALTH AND SAFETY ; 16
(5) ACCEPT WRITTEN COMMENTS ; 17
(6) CONSIDER ANY COMMENT S RECEIVED; AND 18
(7) HOLD A PUBLIC HEARIN G ON EACH PROPOSED M ODIFICATION. 19
(C) THE STANDARDS APPLY TO EA CH SWIMMING POOL OR SPA IN THE 20
STATE FOR WHICH AN AP PLICATION FOR A PERM IT IS RECEIVED BY A LOCAL 21
JURISDICTION ON OR AFTER JUNE 1 DECEMBER 31, 2023. 22
12–1204. 23
(A) A LOCAL JURISDICTION M AY ADOPT LOCAL AMEND MENTS TO THE 24
STANDARDS IF THE LOCA L AMENDMENTS DO NOT : 25
(1) PROHIBIT THE MINIMUM IMPLEMENTATION AND E NFORCEMENT 26
ACTIVITIES SET FORTH IN § 12–1205 OF THIS SUBTITLE; OR 27
(2) WEAKEN ENERGY CONSER VATION AND EFFICIENC Y PROVISIONS 28
CONTAINED IN THE STANDARDS. 29
HOUSE BILL 303 5
(B) IF A LOCAL JURISDICTI ON ADOPTS A LOCAL AM ENDMENT TO THE 1
STANDARDS, THE STANDARDS AS AMENDED BY THE LOCAL JURISDI CTION APPLY IN 2
THE LOCAL JURISDICTION. 3
(C) IF A LOCAL AMENDMENT CONFLICTS WITH THE STANDARDS, THE LOCAL 4
AMENDMENT PREVAILS I N THE LOCAL JURISDIC TION. 5
(D) A LOCAL JURISDICTION T HAT ADOPTS A LOCAL A MENDMENT TO THE 6
STANDARDS SHALL ENSUR E THAT THE LOCAL AME NDMENT IS ADOPTED IN 7
ACCORDANCE WITH APPLICA BLE LOCAL LAW . 8
(E) TO KEEP THE DATABASE ESTABLISHED UNDER TH IS SUBTITLE 9
CURRENT, A LOCAL JURISDICTION THAT ADOPTS A LOCAL AMENDMENT TO THE 10
STANDARDS SHALL PROVI DE A COPY OF THE LOC AL AMENDMENT TO THE 11
DEPARTMENT : 12
(1) AT LEAST 15 DAYS BEFORE THE EFFE CTIVE DATE OF THE 13
AMENDMENT ; OR 14
(2) WITHIN 5 DAYS AFTER THE ADOPT ION OF AN EMERGENCY LOCAL 15
AMENDMENT . 16
12–1205. 17
(A) (1) (I) EACH LOCAL JURISDICTI ON SHALL IMPLEMENT A ND 18
ENFORCE THE MOST CUR RENT VERSION OF THE STANDARDS AND ANY LOC AL 19
AMENDMENTS TO THE STANDARDS. 20
(II) ANY MODIFICATION OF T HE STANDARDS ADOPTED BY THE 21
STATE ON OR AFTER DECEMBER 31, 2022, SHALL BE IMPLEMENTED AND ENFORCED 22
BY A LOCAL JURISDICT ION NOT LATER THAN 12 MONTHS AFTER THE 23
MODIFICATIONS ARE AD OPTED BY THE STATE. 24
(2) AT A MINIMUM, THE LOCAL JURISDICTI ON SHALL ENSURE THAT 25
IMPLEMENTATION AND E NFORCEMENT OF THE STANDARDS INCLUDES : 26
(I) REVIEW AND ACCEPTANC E OF APPROPRIATE PLA NS; 27
(II) ISSUANCE OF WORK PERMITS; 28
(III) INSPECTION OF THE WO RK AUTHORIZED BY THE WORK 29
PERMITS; AND 30
6 HOUSE BILL 303
(IV) ISSUANCE OF APPROPRI ATE USE AND OCCUPANC Y 1
CERTIFICATES. 2
(3) EACH LOCAL JURISDICTI ON SHALL DETERMINE T HE MANNER IN 3
WHICH THE MINIMUM IM PLEMENTATION AND ENF ORCEMENT ACTIVITIES OF THIS 4
SUBSECTION ARE CARRI ED OUT. 5
(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, THE 6
COUNTY IN WHICH A SW IMMING POOL OR SPA I S LOCATED SHALL IMPL EMENT AND 7
ENFORCE THE STANDARDS FOR THAT SW IMMING POOL OR SPA I N ACCORDANCE 8
WITH THIS SUBTITLE . 9
(2) (I) A MUNICIPAL CORPORATIO N THAT DID NOT ADOPT A 10
SWIMMING POOL AND SP A CODE BEFORE OCTOBER 1 DECEMBER 31, 2022, MAY 11
ELECT TO IMPLEMENT A ND ENFORCE THE STANDARDS IN ACCORDAN CE WITH THIS 12
SUBTITLE FOR SWIMMIN G POOLS OR SPAS LOCA TED IN THE MUNICIPAL 13
CORPORATION . 14
(II) IF A MUNICIPAL CORPOR ATION ELECTS TO IMPL EMENT AND 15
ENFORCE THE STANDARDS UNDER THIS PARAGRAPH , THE COUNTY IN WHICH THE 16
MUNICIPAL CORPORATIO N IS LOCATED IS NOT RESPONSIBLE FOR 17
IMPLEMENTATION AND E NFORCEMENT OF THE STANDARDS IN THE MUNI CIPAL 18
CORPORAT ION. 19
(3) A COUNTY THAT DID NOT ADOPT A SWIMMING POO L AND SPA 20
CODE BEFORE OCTOBER 1 DECEMBER 31, 2022, SHALL IMPLEMENT AND ENFORCE 21
THE STANDARDS IN THE COUN TY UNLESS IT ELECTS TO NEGOTIATE WITH A 22
MUNICIPAL CORPORATIO N IN THE COUNTY TO H AVE THE MUNICIPAL CORPORATION 23
IMPLEMENT AND ENFORC E THE STANDARDS IN THE COUN TY. 24
(4) A MUNICIPAL CORPORATIO N THAT ADOPTED A SWI MMING POOL 25
AND SPA CODE BEFORE OCTOBER 1 DECEMBER 31, 2021 2022, SHALL IMPLEMENT 26
AND ENFORCE THE STANDARDS IN THE MUNI CIPAL CORPORATION UN LESS IT 27
ELECTS TO NEGOTIATE WITH THE COUNTY IN W HICH THE MUNICIPAL C ORPORATION 28
IS LOCATED TO HAVE T HE COUNTY IMPLEMENT AND ENFORCE THE STANDARDS IN 29
THE MUNICIPAL CORPOR ATION. 30
(C) A LOCAL JURISDICTION M AY CHARGE FEES NECES SARY TO COVER THE 31
COST OF IMPLEMENTATION AND E NFORCEMENT OF THE STANDARDS AND ANY 32
LOCAL AMENDMENTS TO THE STANDARDS. 33
12–1206. 34
HOUSE BILL 303 7
(A) THE DEPARTMENT SHALL MAIN TAIN A CENTRAL AUTOM ATED 1
DATABASE IN ACCORDAN CE WITH THIS SECTION . 2
(B) (1) AT A MINIMUM , THE DEPARTMENT SHALL INCL UDE IN THE 3
DATABASE: 4
(I) THE STANDARDS; 5
(II) LOCAL AMENDMENTS TO THE STANDARDS; 6
(III) THE ELECTRICAL CODE REQUIRED UNDER SUBTITLE 6 OF 7
THIS TITLE; 8
(IV) LOCAL AMENDMENTS TO THE ELECTRICAL CODE; AND 9
(V) INFORMATION COMPILED BY THE DEPARTMENT UNDE R 10
PARAGRAPH (2) OF THIS SUBSECTION . 11
(2) THE DEPARTMENT MAY COMPIL E AND INCLUDE IN THE 12
DATABASE: 13
(I) ANY INFORMATION PROV IDED BY A LOCAL JURI SDICTION 14
ON THE IMPLEMENTATIO N AND INTERPRETATION OF THE STANDARDS BY THE 15
LOCAL JURISDICTION ; AND 16
(II) INTERIM AMENDMENTS T O THE INTERNATIONAL 17
SWIMMING POOL AND SPA CODE INCLUDING SUBSEQ UENT PRINTINGS OF TH E MOST 18
RECENT EDITION . 19
(C) THE DEPARTMENT SHALL : 20
(1) MAKE INFORMATION FRO M THE DATABASE AVAIL ABLE TO A 21
LOCAL JURISDICTION , STATE UNIT, OR OTHER INTE RESTED PARTY ; 22
(2) PROVIDE EACH LOCAL J URISDICTION WITH THE NECESSARY 23
HARDWARE OR SOFTWARE TO ENABLE THE LOCAL JURISDICTION TO ACCE SS THE 24
INFORMATION IN THE D ATABASE; AND 25
(3) COORDINATE WITH LOCA L SWIMMING POOL AND SPA OFFICIALS, 26
THE STATE FIRE MARSHAL, AND LOCAL FIRE OFFIC IALS IN COMPILING 27
INFORMATION FOR THE DATABASE. 28
8 HOUSE BILL 303
(D) (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 1
PARAGRAPH , THE DEPARTMENT MAY CHARGE A FEE FOR INFORMATIO N PROVIDED 2
FROM THE DATABASE . 3
(II) THE DEPARTMENT MAY NOT CHARGE A FEE TO A STATE 4
UNIT OR LOCAL JURISD ICTION. 5
(2) THE DEPARTMENT MAY NOT CH ARGE A FEE TO A LOCA L 6
JURISDICTION FOR THE ONGOING MAINTENANCE OF THE DATABASE . 7
(3) FEES COLLECTED IN ACC ORDANCE WITH THIS SU BSECTION 8
UNEXPENDED AT THE EN D OF THE FISCAL YEAR DO NOT REVERT T O THE GENERAL 9
FUND OF THE STATE, BUT SHALL BE KEPT IN A SPECIAL FUND AVAIL ABLE TO THE 10
DEPARTMENT TO CARRY O UT THIS SUBTITLE. 11
12–1207. 12
(A) THE DEPARTMENT MAY : 13
(1) DEVELOP A VOLUNTARY FORUM THAT MAY BE US ED, ON REQUEST 14
OF A LOCAL J URISDICTION, TO RESOLVE CONFLICTS THAT INVOLVE THE 15
STANDARDS; AND 16
(2) ADOPT REGULATIONS TO CARRY OUT THIS SUBTI TLE. 17
(B) THE DEPARTMENT : 18
(1) SHALL NOTIFY EACH LO CAL JURISDICTION OF EACH CHANGE TO 19
THE INTERNATIONAL SWIMMING POOL AND SPA CODE AND THE IMPACT THE 20
CHANGE WILL HAVE ON THE LOCAL AMENDMENTS IN THAT LOCAL JURISD ICTION; 21
(2) MAY PROVIDE TRAINING FOR LOCAL SWIMMING P OOL AND SPA 22
OFFICIALS ON THE STANDARDS AND CERTIFY THE PARTICIPATION OF LOCAL 23
SWIMMING POOL AND SP A OFFICIALS IN THE T RAINING; 24
(3) ON REQUEST , SHALL PROVIDE A LOCA L JURISDICTION WITH 25
TECHNICAL ASSISTANCE TO IMPLEMENT AND ENF ORCE THE STANDARDS; AND 26
(4) SHALL CONSULT WITH T HE MARYLAND DEPARTMENT OF HEALTH 27
ON THE IMPLEMENTATIO N OF THE STANDARDS IN RELATION TO THE REGULATION 28
OF THE OPERATION AND MAI NTENANCE OF SWIMMING POOLS AND SPAS . 29
SECTION 2. AND BE IT FURTHER ENACTED, That : 30
HOUSE BILL 303 9
(a) Except as provided in subsection (b) of this section, this Act shall be construed 1
to apply to swimming pools and spas, including swimming pools and spas in hotels and 2
motels, only prospectively and may not be applied or interpreted to have any effect on or 3
application to a swimming pool or spa in operation before the effective date of this Act. 4
(b) This Act shall be construed to apply to any swimming pool or spa for which 5
new construction or renovation, or a substantial and material structural change, this Act 6
does not apply to a swimming pool or spa built and in operation before June 1 December 31, 7
2023, unless there is construction or renovation that results in a substantial and material 8
structural change to the swimming pool or spa that occurs on or after the effective date of 9
this Act June 1 December 31, 2023. 10
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2022. 12
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.