MD
Maryland House Bill HB303

Maryland 2022 Regular Session

Maryland House Bill HB303 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 730
21
3-– 1 –
4-Chapter 730
5-(House Bill 303)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0303*
810
9-Public Safety – Maryland Swimming Pool and Spa Standards – Adoption
11+HOUSE BILL 303
12+E4 (2lr1032)
13+ENROLLED BILL
14+— Environment and Transportation/Judicial Proceedings —
15+Introduced by Delegate Stein Delegates Stein, Boyce, Healey, Jalisi, Lehman,
16+Prettyman, and Ruth
1017
11-FOR the purpose of requiring the Maryland Department of Labor to adopt by regulation
12-the International Swimming Pool and Spa Code as the Maryland Swimming Pool
13-and Spa Standards; providing for the implementation of the Standards by the
14-Department, local jurisdictions, counties, and municipalities; requiring the
15-Department to consult with the Maryland Department of Health on the
16-implementation of the Standards in relation to the regulation of the operation and
17-maintenance of swimming pools and spas; and generally relating to the Maryland
18-Swimming Pool and Spa Standards.
18+Read and Examined by Proofreaders:
1919
20-BY adding to
21- Article – Public Safety
22-Section 12–1201 through 12–1207 to be under the new subtitle “Subtitle 12.
23-Maryland Swimming Pool and Spa Standards”
24- Annotated Code of Maryland
25- (2018 Replacement Volume and 2021 Supplement)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
2624
27- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
28-That the Laws of Maryland read as follows:
25+Sealed with the Great Seal and presented to the Governor, for his approval this
2926
30-Article – Public Safety
27+_______ day of _______________ at ________________________ o’clock, ________M.
3128
32-SUBTITLE 12. MARYLAND SWIMMING POOL AND SPA STANDARDS.
29+______________________________________________
30+Speaker.
3331
34-12–1201.
32+CHAPTER ______
3533
36- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
37-INDICATED.
34+AN ACT concerning 1
3835
39- (B) “ADDITIONS” HAS THE MEANING STAT ED IN THE INTERNATIONAL
40-SWIMMING POOL AND SPA CODE.
36+Public Safety – Maryland Swimming Pool and Spa Standards – Adoption 2
4137
42- (C) “ALTERATIONS” HAS THE MEANING STAT ED IN THE INTERNATIONAL
43-SWIMMING POOL AND SPA CODE.
38+FOR the purpose of requiring the Maryland Department of Labor to adopt by regulation 3
39+the International Swimming Pool and Spa Code as the Maryland Swimming Pool 4
40+and Spa Standards; providing for the implementation of the Standards by the 5
41+Department, local jurisdictions, counties, and municipalities; requiring the 6
42+Department to consult with the Maryland Department of Health on the 7
43+implementation of the Standards in relation to the regulation of the operation and 8
44+maintenance of swimming pools and spas; and generally relating to the Maryland 9
45+Swimming Pool and Spa Standards. 10
4446
45- (D) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF LABOR.
46- Ch. 730 2022 LAWS OF MARYLAND
47+BY adding to 11
48+ Article – Public Safety 12 2 HOUSE BILL 303
4749
48-– 2 –
49- (E) (1) “INTERNATIONAL SWIMMING POOL AND SPA CODE” MEANS THE
50-FIRST PRINTING OF TH E MOST RECENT EDITIO N OF THE INTERNATIONAL
51-SWIMMING POOL AND SPA CODE ISSUED BY THE INTERNATIONAL CODE COUNCIL.
5250
53- (2) “INTERNATIONAL SWIMMING POOL AND SPA CODE” DOES NOT
54-INCLUDE INTERIM AMEN DMENTS OR SUBSEQUENT P RINTINGS OF THE MOST
55-RECENT EDITION OF TH E INTERNATIONAL SWIMMING POOL AND SPA CODE.
51+Section 12–1201 through 12–1207 to be under the new subtitle “Subtitle 12. 1
52+Maryland Swimming Pool and Spa Standards” 2
53+ Annotated Code of Maryland 3
54+ (2018 Replacement Volume and 2021 Supplement) 4
5655
57- (F) “LOCAL JURISDICTION ” MEANS THE COUNTY OR MUNICIPAL
58-CORPORATION THAT IS RESPONSIBLE FOR IMPL EMENTATION AND ENFOR CEMENT
59-OF THE STANDARDS UNDER THIS SUBTITLE.
56+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
57+That the Laws of Maryland read as follows: 6
6058
61- (G) “REPAIRS” HAS THE MEANING STAT ED IN THE INTERNATIONAL
62-SWIMMING POOL AND SPA CODE.
59+Article – Public Safety 7
6360
64- (H) “SPA” HAS THE MEANING STAT ED IN THE INTERNATIONAL SWIMMING
65-POOL AND SPA CODE.
61+SUBTITLE 12. MARYLAND SWIMMING POOL AND SPA STANDARDS. 8
6662
67- (I) “STANDARDS” MEANS THE MARYLAND SWIMMING POOL AND SPA
68-STANDARDS.
63+12–1201. 9
6964
70- (J) “SWIMMING POOL ” HAS THE MEANING STAT ED IN THE INTERNATIONAL
71-SWIMMING POOL AND SPA CODE.
65+ (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10
66+INDICATED. 11
7267
73-12–1202.
68+ (B) “ADDITIONS” HAS THE MEANING STAT ED IN THE INTERNATIONAL 12
69+SWIMMING POOL AND SPA CODE. 13
7470
75- (A) THIS SUBTITLE DOES NO T ALTER OR ABROGATE THE AUTHORITY OF :
71+ (C) “ALTERATIONS” HAS THE MEANING STAT ED IN THE INTERNATIONAL 14
72+SWIMMING POOL AND SPA CODE. 15
7673
77- (1) THE STATE FIRE PREVENTION COMMISSION TO ENFORCE THE
78-ELECTRICAL CODE UNDER SUBTITLE 6 OF THIS TITLE;
74+ (D) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF LABOR. 16
7975
80- (2) THE PUBLIC SERVICE COMMISSION TO ENFORCE THE ENERGY
81-CODE DEFINED UNDER TH E ENERGY CONSERVATION BUILDING STANDARDS ACT,
82-TITLE 7, SUBTITLE 4 OF THE PUBLIC UTILITIES ARTICLE; OR
76+ (E) (1) “INTERNATIONAL SWIMMING POOL AND SPA CODE” MEANS THE 17
77+FIRST PRINTING OF TH E MOST RECENT EDITIO N OF THE INTERNATIONAL 18
78+SWIMMING POOL AND SPA CODE ISSUED BY THE INTERNATIONAL CODE COUNCIL. 19
8379
84- (3) THE MARYLAND DEPARTMENT OF HEALTH TO:
80+ (2) “INTERNATIONAL SWIMMING POOL AND SPA CODE” DOES NOT 20
81+INCLUDE INTERIM AMEN DMENTS OR SUBSEQUENT PRINTINGS OF THE MOS T 21
82+RECENT EDITION OF TH E INTERNATIONAL SWIMMING POOL AND SPA CODE. 22
8583
86- (I) ENFORCE THE STANDARDS FOR THE DES IGN AND
87-CONSTRUCTION , INCLUDING ADDITIONS , ALTERATIONS , OR REPAIRS, OF PUBLIC
88-SWIMMING POOLS ; OR
84+ (F) “LOCAL JURISDICTION ” MEANS THE COUNTY OR MUNICIPAL 23
85+CORPORATION THAT IS RESPONSIBLE FOR IMPL EMENTATION AND ENFOR CEMENT 24
86+OF THE STANDARDS UNDER THIS SUBTITLE. 25
8987
90- (II) REGULATE THE OPERATI ON AND MAINTENANCE O F
91-SWIMMING POOLS AND S PAS.
92- LAWRENCE J. HOGAN, JR., Governor Ch. 730
88+ (G) “REPAIRS” HAS THE MEANING STAT ED IN THE INTERNATIONAL 26
89+SWIMMING POOL AND SPA CODE. 27
9390
94-– 3 –
95- (B) THIS SUBTITLE DOES NO T ALTER OR ABROGATE ANY ZONING POWER OR
96-RELATED AUTHORITY OF A COUNTY OR MUNICIPA L CORPORATION .
91+ (H) “SPA” HAS THE MEANING STAT ED IN THE INTERNATIONAL SWIMMING 28
92+POOL AND SPA CODE. 29
9793
98- (C) THIS SUBTITLE DOES NO T ALLOW OR ENCOURAGE THE STATE TO
99-INITIATE OR ASSUME A N INDEPENDENT ROLE I N THE ADMINISTRATION AND
100-ENFORCEMENT OF THE STANDARDS FOR A SWIMM ING POOL OR SPA THAT IS NOT
101-OWNED OR OPERATED BY THE STATE.
94+ (I) “STANDARDS” MEANS THE MARYLAND SWIMMING POOL AND SPA 30
95+STANDARDS. 31 HOUSE BILL 303 3
10296
103-12–1203.
10497
105- (A) (1) THE (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
106-PARAGRAPH , THE DEPARTMENT SHALL ADOP T BY REGULATION , AS THE MARYLAND
107-SWIMMING POOL AND SPA STANDARDS, THE INTERNATIONAL SWIMMING POOL
108-AND SPA CODE, WITH THE MODIFICATIO NS INCORPORATED BY T HE DEPARTMENT
109-IN ACCORDANCE WITH S UBSECTION (B) OF THIS SECTION.
11098
111- (II) THE DEPARTMENT SHALL ADOP T, AS PART OF THE
112-STANDARDS, THE PROVISIONS OF TH E INTERNATIONAL SWIMMING POOL AND SPA
113-CODE RELATING TO THE REQUIREMENTS FOR ADDIT IONS, ALTERATIONS , AND
114-REPAIRS WITHOUT MODI FICATION.
99+ (J) “SWIMMING POOL ” HAS THE MEANING STAT ED IN THE INTERNATIONAL 1
100+SWIMMING POOL AND SPA CODE. 2
115101
116- (2) THE DEPARTMENT SHALL ADOP T EACH SUBSEQUENT VE RSION OF
117-THE STANDARDS WITHIN 18 MONTHS AFTER IT IS I SSUED.
102+12–1202. 3
118103
119- (B) BEFORE ADOPTING EACH VERSION OF THE STANDARDS, THE
120-DEPARTMENT SH ALL:
104+ (A) THIS SUBTITLE DOES NO T ALTER OR ABROGATE THE AUTHORITY OF : 4
121105
122- (1) REVIEW THE INTERNATIONAL SWIMMING POOL AND SPA CODE
123-TO DETERMINE WHETHER MODIFICATIONS SHOULD BE INCORPORATED IN T HE
124-STANDARDS;
106+ (1) THE STATE FIRE PREVENTION COMMISSION TO ENFORCE THE 5
107+ELECTRICAL CODE UNDER SUBTITLE 6 OF THIS TITLE; 6
125108
126- (2) CONSIDER CHANGES TO THE INTERNATIONAL SWIMMING POOL
127-AND SPA CODE TO ENHANCE ENERG Y CONSERVATION AND E FFICIENCY;
109+ (2) THE PUBLIC SERVICE COMMISSION TO ENFORCE THE ENERGY 7
110+CODE DEFINED UNDER TH E ENERGY CONSERVATION BUILDING STANDARDS ACT, 8
111+TITLE 7, SUBTITLE 4 OF THE PUBLIC UTILITIES ARTICLE; OR 9
128112
129- (3) SUBJECT TO THE PROVI SIONS OF ITEM (2) OF THIS SUBSECTION ,
130-ADOPT MODIFICATIONS TO THE STANDARDS THAT ALLOW ANY INNOVATIVE
131-APPROACH, DESIGN, EQUIPMENT, OR METHOD OF CONSTRU CTION, INCLUDING
132-ADDITIONS, ALTERATIONS , OR REPAIRS, THAT CAN BE DEMONSTR ATED TO OFFER
133-ADDITIONAL ENERGY EF FICIENCY;
113+ (3) THE MARYLAND DEPARTMENT OF HEALTH TO: 10
134114
135- (4) CONSULT WITH THE MARYLAND DEPARTMENT OF HEALTH ON
136-THE EFFECT OF THE PR OPOSED CHANGES ON HE ALTH AND SAFETY ;
115+ (I) ENFORCE THE STANDARDS FOR THE DES IGN AND 11
116+CONSTRUCTION , INCLUDING ADDITIONS , ALTERATIONS , OR REPAIRS, OF PUBLIC 12
117+SWIMMING POOLS ; OR 13
137118
138- (5) ACCEPT WRITTEN COMME NTS; Ch. 730 2022 LAWS OF MARYLAND
119+ (II) REGULATE THE OPERATI ON AND MAINTENANCE O F 14
120+SWIMMING POOLS AND S PAS. 15
139121
140-– 4 –
122+ (B) THIS SUBTITLE DOES NO T ALTER OR ABROGATE ANY ZONING POWER OR 16
123+RELATED AUTHORITY OF A COUNTY OR MUNICIPA L CORPORATION . 17
141124
142- (6) CONSIDER ANY COMMENT S RECEIVED; AND
125+ (C) THIS SUBTITLE DOES NO T ALLOW OR ENCOURAGE THE STATE TO 18
126+INITIATE OR ASSUME A N INDEPENDENT ROLE I N THE ADMINISTRATION AND 19
127+ENFORCEMENT OF THE STANDARDS FOR A SWIMM ING POOL OR SPA THAT IS NOT 20
128+OWNED OR OPERATED BY THE STATE. 21
143129
144- (7) HOLD A PUBLIC HEARING ON EACH PROP OSED MODIFICATION .
130+12–1203. 22
145131
146- (C) THE STANDARDS APPLY TO EA CH SWIMMING POOL OR SPA IN THE
147-STATE FOR WHICH AN AP PLICATION FOR A PERM IT IS RECEIVED BY A LOCAL
148-JURISDICTION ON OR A FTER JUNE 1 DECEMBER 31, 2023.
132+ (A) (1) THE (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 23
133+PARAGRAPH , THE DEPARTMENT SHALL ADOP T BY REGULATION , AS THE MARYLAND 24
134+SWIMMING POOL AND SPA STANDARDS, THE INTERNATIONAL SWIMMING POOL 25
135+AND SPA CODE, WITH THE MODIFICATIO NS INCORPORATED BY T HE DEPARTMENT 26
136+IN ACCORDANCE WITH S UBSECTION (B) OF THIS SECTION. 27
149137
150-12–1204.
138+ (II) THE DEPARTMENT SHALL ADOP T, AS PART OF THE 28
139+STANDARDS, THE PROVISIONS OF TH E INTERNATIONAL SWIMMING POOL AND SPA 29
140+CODE RELATING TO THE REQUIREMENTS FOR ADD ITIONS, ALTERATIONS , AND 30
141+REPAIRS WITHOUT MODI FICATION. 31 4 HOUSE BILL 303
151142
152- (A) A LOCAL JURISDICTION MAY ADOPT LOCAL AMEN DMENTS TO THE
153-STANDARDS IF THE LOCA L AMENDMENTS DO NOT :
154143
155- (1) PROHIBIT THE MINIMUM IMPLEMENTATION AND E NFORCEMENT
156-ACTIVITIES SET FORTH IN § 12–1205 OF THIS SUBTITLE ; OR
157144
158- (2) WEAKEN ENERGY CONSER VATION AND EFFICIENC Y PROVISIONS
159-CONTAINED IN THE STANDARDS.
145+ (2) THE DEPARTMENT SHALL ADOP T EACH SUBSEQUENT VE RSION OF 1
146+THE STANDARDS WITHIN 18 MONTHS AFTER IT IS ISSUED. 2
160147
161- (B) IF A LOCAL JURISDICTI ON ADOPTS A LOCAL AM ENDMENT TO THE
162-STANDARDS, THE STANDARDS AS AMENDED BY THE LOCAL JURISDI CTION APPLY IN
163-THE LOCAL JURISDICTI ON.
148+ (B) BEFORE ADOPTING EACH VERSION OF THE STANDARDS, THE 3
149+DEPARTMENT SHALL : 4
164150
165- (C) IF A LOCAL AMENDMENT CONFLICTS WITH THE STANDARDS, THE LOCAL
166-AMENDMENT PREVAILS IN THE LOCA L JURISDICTION.
151+ (1) REVIEW THE INTERNATIONAL SWIMMING POOL AND SPA CODE 5
152+TO DETERMINE WHETHER MODIFICATIONS SHOULD BE INCORPORATED IN T HE 6
153+STANDARDS; 7
167154
168- (D) A LOCAL JURISDICTION T HAT ADOPTS A LOCAL A MENDMENT TO THE
169-STANDARDS SHALL ENSUR E THAT THE LOCAL AME NDMENT IS ADOPTED IN
170-ACCORDANCE WITH APPL ICABLE LOCAL LAW .
155+ (2) CONSIDER CHANGES TO THE INTERNATIONAL SWIMMING POOL 8
156+AND SPA CODE TO ENHANCE ENERG Y CONSERVATION AND E FFICIENCY; 9
171157
172- (E) TO KEEP THE DATABASE ESTABLISHED UNDER TH IS SUBTITLE
173-CURRENT, A LOCAL JURISDICTION THAT ADOPTS A LOCAL AMENDMENT TO THE
174-STANDARDS SHALL PROVI DE A COPY OF THE LOC AL AMENDMENT TO THE
175-DEPARTMENT :
158+ (3) SUBJECT TO THE PROVI SIONS OF ITEM (2) OF THIS SUBSECTION , 10
159+ADOPT MODIFICATIONS TO THE STANDARDS THAT ALLOW ANY INNOVATIVE 11
160+APPROACH, DESIGN, EQUIPMENT, OR METHOD O F CONSTRUCTION , INCLUDING 12
161+ADDITIONS, ALTERATIONS , OR REPAIRS, THAT CAN BE DEMONSTR ATED TO OFFER 13
162+ADDITIONAL ENERGY EF FICIENCY; 14
176163
177- (1) AT LEAST 15 DAYS BEFORE THE EFFE CTIVE DATE OF THE
178-AMENDMENT ; OR
164+ (4) CONSULT WITH THE MARYLAND DEPARTMENT OF HEALTH ON 15
165+THE EFFECT OF THE PR OPOSED CHANGES ON HE ALTH AND SAFETY ; 16
179166
180- (2) WITHIN 5 DAYS AFTER THE ADOPT ION OF AN EMERGENCY LOCAL
181-AMENDMENT .
167+ (5) ACCEPT WRITTEN COMMENTS ; 17
182168
183-12–1205.
184- LAWRENCE J. HOGAN, JR., Governor Ch. 730
169+ (6) CONSIDER ANY COMMENT S RECEIVED; AND 18
185170
186-– 5 –
187- (A) (1) (I) EACH LOCAL JURISDICTI ON SHALL IMPLEMENT A ND
188-ENFORCE THE MOST CUR RENT VERSION OF THE STANDARDS AND ANY LOC AL
189-AMENDMENTS TO THE STANDARDS.
171+ (7) HOLD A PUBLIC HEARIN G ON EACH PROPOSED M ODIFICATION. 19
190172
191- (II) ANY MODIFICATION OF T HE STANDARDS ADOPTED BY THE
192-STATE ON OR AFTER DECEMBER 31, 2022, SHALL BE IMPLEMENTED AND ENFORCED
193-BY A LOCAL JURISDICT ION NOT LATER THAN 12 MONTHS AFTER THE
194-MODIFICATIONS ARE AD OPTED BY THE STATE.
173+ (C) THE STANDARDS APPLY TO EA CH SWIMMING POOL OR SPA IN THE 20
174+STATE FOR WHICH AN AP PLICATION FOR A PERM IT IS RECEIVED BY A LOCAL 21
175+JURISDICTION ON OR AFTER JUNE 1 DECEMBER 31, 2023. 22
195176
196- (2) AT A MINIMUM, THE LOCAL JURISDICTI ON SHALL ENSURE THAT
197-IMPLEMENTATION AND E NFORCEMENT OF THE STANDARDS INCLUDES :
177+12–1204. 23
198178
199- (I) REVIEW AND ACCEPTANC E OF APPROPRIATE PLA NS;
179+ (A) A LOCAL JURISDICTION M AY ADOPT LOCAL AMEND MENTS TO THE 24
180+STANDARDS IF THE LOCA L AMENDMENTS DO NOT : 25
200181
201- (II) ISSUANCE OF WORK PERMITS;
182+ (1) PROHIBIT THE MINIMUM IMPLEMENTATION AND E NFORCEMENT 26
183+ACTIVITIES SET FORTH IN § 12–1205 OF THIS SUBTITLE; OR 27
202184
203- (III) INSPECTION OF THE WO RK AUTHORIZED BY THE WORK
204-PERMITS; AND
185+ (2) WEAKEN ENERGY CONSER VATION AND EFFICIENC Y PROVISIONS 28
186+CONTAINED IN THE STANDARDS. 29
187+ HOUSE BILL 303 5
205188
206- (IV) ISSUANCE OF APPROPRI ATE USE AND OCCUPANC Y
207-CERTIFICATES .
208189
209- (3) EACH LOCAL JURISDICTI ON SHALL DETERMINE T HE MANNER IN
210-WHICH THE MINIMUM IM PLEMENTATION AND ENF ORCEMENT ACTIVITIES OF THIS
211-SUBSECTION ARE CARRI ED OUT.
190+ (B) IF A LOCAL JURISDICTI ON ADOPTS A LOCAL AM ENDMENT TO THE 1
191+STANDARDS, THE STANDARDS AS AMENDED BY THE LOCAL JURISDI CTION APPLY IN 2
192+THE LOCAL JURISDICTION. 3
212193
213- (B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, THE
214-COUNTY IN WHICH A SW IMMING POOL OR SP A IS LOCATED SHALL I MPLEMENT AND
215-ENFORCE THE STANDARDS FOR THAT SW IMMING POOL OR SPA I N ACCORDANCE
216-WITH THIS SUBTITLE .
194+ (C) IF A LOCAL AMENDMENT CONFLICTS WITH THE STANDARDS, THE LOCAL 4
195+AMENDMENT PREVAILS I N THE LOCAL JURISDIC TION. 5
217196
218- (2) (I) A MUNICIPAL CORPORATIO N THAT DID NOT ADOPT A
219-SWIMMING POOL AND SP A CODE BEFORE OCTOBER 1 DECEMBER 31, 2022, MAY
220-ELECT TO IMPLEMENT AND ENFORC E THE STANDARDS IN ACCORDAN CE WITH THIS
221-SUBTITLE FOR SWIMMIN G POOLS OR SPAS LOCA TED IN THE MUNICIPAL
222-CORPORATION .
197+ (D) A LOCAL JURISDICTION T HAT ADOPTS A LOCAL A MENDMENT TO THE 6
198+STANDARDS SHALL ENSUR E THAT THE LOCAL AME NDMENT IS ADOPTED IN 7
199+ACCORDANCE WITH APPLICA BLE LOCAL LAW . 8
223200
224- (II) IF A MUNICIPAL CORPOR ATION ELECTS TO IMPL EMENT AND
225-ENFORCE THE STANDARDS UNDER THIS PARAGRAPH , THE COUNTY IN WHIC H THE
226-MUNICIPAL CORPORATIO N IS LOCATED IS NOT RESPONSIBLE FOR
227-IMPLEMENTATION AND E NFORCEMENT OF THE STANDARDS IN THE MUNI CIPAL
228-CORPORATION .
229- Ch. 730 2022 LAWS OF MARYLAND
201+ (E) TO KEEP THE DATABASE ESTABLISHED UNDER TH IS SUBTITLE 9
202+CURRENT, A LOCAL JURISDICTION THAT ADOPTS A LOCAL AMENDMENT TO THE 10
203+STANDARDS SHALL PROVI DE A COPY OF THE LOC AL AMENDMENT TO THE 11
204+DEPARTMENT : 12
230205
231-– 6 –
232- (3) A COUNTY THAT DID NOT ADOPT A SWIMMING POO L AND SPA
233-CODE BEFORE OCTOBER 1 DECEMBER 31, 2022, SHALL IMPLEMENT AND ENFORCE
234-THE STANDARDS IN THE COUN TY UNLESS IT ELECTS TO NEGOTIATE WITH A
235-MUNICIPAL CORPORATIO N IN THE COUNTY TO H AVE THE MUNICIPAL CO RPORATION
236-IMPLEMENT AND ENFORC E THE STANDARDS IN THE COUN TY.
206+ (1) AT LEAST 15 DAYS BEFORE THE EFFE CTIVE DATE OF THE 13
207+AMENDMENT ; OR 14
237208
238- (4) A MUNICIPAL CORPORATIO N THAT ADOPTED A SWI MMING POO L
239-AND SPA CODE BEFORE OCTOBER 1 DECEMBER 31, 2021 2022, SHALL IMPLEMENT
240-AND ENFORCE THE STANDARDS IN THE MUNI CIPAL CORPORATION UN LESS IT
241-ELECTS TO NEGOTIATE WITH THE COUNTY IN W HICH THE MUNICIPAL C ORPORATION
242-IS LOCATED TO HAVE T HE COUNTY IMPLEMENT AND ENFORCE THE STANDARDS IN
243-THE MUNICIPAL CORPOR ATION.
209+ (2) WITHIN 5 DAYS AFTER THE ADOPT ION OF AN EMERGENCY LOCAL 15
210+AMENDMENT . 16
244211
245- (C) A LOCAL JURISDICTION M AY CHARGE FEES NECES SARY TO COVER THE
246-COST OF IMPLEMENTATI ON AND ENFORCEMENT O F THE STANDARDS AND ANY
247-LOCAL AMENDMENTS TO THE STANDARDS.
212+12–1205. 17
248213
249-12–1206.
214+ (A) (1) (I) EACH LOCAL JURISDICTI ON SHALL IMPLEMENT A ND 18
215+ENFORCE THE MOST CUR RENT VERSION OF THE STANDARDS AND ANY LOC AL 19
216+AMENDMENTS TO THE STANDARDS. 20
250217
251- (A) THE DEPARTMENT SHALL MAIN TAIN A CENTRAL AUTOMAT ED
252-DATABASE IN ACCORDAN CE WITH THIS SECTION .
218+ (II) ANY MODIFICATION OF T HE STANDARDS ADOPTED BY THE 21
219+STATE ON OR AFTER DECEMBER 31, 2022, SHALL BE IMPLEMENTED AND ENFORCED 22
220+BY A LOCAL JURISDICT ION NOT LATER THAN 12 MONTHS AFTER THE 23
221+MODIFICATIONS ARE AD OPTED BY THE STATE. 24
253222
254- (B) (1) AT A MINIMUM , THE DEPARTMENT SHALL INCL UDE IN THE
255-DATABASE:
223+ (2) AT A MINIMUM, THE LOCAL JURISDICTI ON SHALL ENSURE THAT 25
224+IMPLEMENTATION AND E NFORCEMENT OF THE STANDARDS INCLUDES : 26
256225
257- (I) THE STANDARDS;
226+ (I) REVIEW AND ACCEPTANC E OF APPROPRIATE PLA NS; 27
258227
259- (II) LOCAL AMENDMENTS TO THE STANDARDS;
228+ (II) ISSUANCE OF WORK PERMITS; 28
260229
261- (III) THE ELECTRICAL CODE REQUIRED UNDER SUBTITLE 6 OF
262-THIS TITLE;
230+ (III) INSPECTION OF THE WO RK AUTHORIZED BY THE WORK 29
231+PERMITS; AND 30
232+ 6 HOUSE BILL 303
263233
264- (IV) LOCAL AMENDMENTS TO THE ELECTRICAL CODE; AND
265234
266- (V) INFORMATION COMPILED BY THE DEPARTMENT UNDER
267-PARAGRAPH (2) OF THIS SUBSECTION .
235+ (IV) ISSUANCE OF APPROPRI ATE USE AND OCCUPANC Y 1
236+CERTIFICATES. 2
268237
269- (2) THE DEPARTMENT MAY COMPIL E AND INCLUDE IN THE
270-DATABASE:
238+ (3) EACH LOCAL JURISDICTI ON SHALL DETERMINE T HE MANNER IN 3
239+WHICH THE MINIMUM IM PLEMENTATION AND ENF ORCEMENT ACTIVITIES OF THIS 4
240+SUBSECTION ARE CARRI ED OUT. 5
271241
272- (I) ANY INFORMATION PROV IDED BY A LOCAL JURISDICTION
273-ON THE IMPLEMENTATIO N AND INTERPRETATION OF THE STANDARDS BY THE
274-LOCAL JURISDICTION ; AND LAWRENCE J. HOGAN, JR., Governor Ch. 730
242+ (B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, THE 6
243+COUNTY IN WHICH A SW IMMING POOL OR SPA I S LOCATED SHALL IMPL EMENT AND 7
244+ENFORCE THE STANDARDS FOR THAT SW IMMING POOL OR SPA I N ACCORDANCE 8
245+WITH THIS SUBTITLE . 9
275246
276-– 7 –
247+ (2) (I) A MUNICIPAL CORPORATIO N THAT DID NOT ADOPT A 10
248+SWIMMING POOL AND SP A CODE BEFORE OCTOBER 1 DECEMBER 31, 2022, MAY 11
249+ELECT TO IMPLEMENT A ND ENFORCE THE STANDARDS IN ACCORDAN CE WITH THIS 12
250+SUBTITLE FOR SWIMMIN G POOLS OR SPAS LOCA TED IN THE MUNICIPAL 13
251+CORPORATION . 14
277252
278- (II) INTERIM AMENDMENTS T O THE INTERNATIONAL
279-SWIMMING POOL AND SPA CODE INCLUDING SUBSEQ UENT PRINTINGS OF TH E MOST
280-RECENT EDITION .
253+ (II) IF A MUNICIPAL CORPOR ATION ELECTS TO IMPL EMENT AND 15
254+ENFORCE THE STANDARDS UNDER THIS PARAGRAPH , THE COUNTY IN WHICH THE 16
255+MUNICIPAL CORPORATIO N IS LOCATED IS NOT RESPONSIBLE FOR 17
256+IMPLEMENTATION AND E NFORCEMENT OF THE STANDARDS IN THE MUNI CIPAL 18
257+CORPORAT ION. 19
281258
282- (C) THE DEPARTMENT SHALL :
259+ (3) A COUNTY THAT DID NOT ADOPT A SWIMMING POO L AND SPA 20
260+CODE BEFORE OCTOBER 1 DECEMBER 31, 2022, SHALL IMPLEMENT AND ENFORCE 21
261+THE STANDARDS IN THE COUN TY UNLESS IT ELECTS TO NEGOTIATE WITH A 22
262+MUNICIPAL CORPORATIO N IN THE COUNTY TO H AVE THE MUNICIPAL CORPORATION 23
263+IMPLEMENT AND ENFORC E THE STANDARDS IN THE COUN TY. 24
283264
284- (1) MAKE INFORMATION FRO M THE DATABASE AVAIL ABLE TO A
285-LOCAL JURISDICTION , STATE UNIT, OR OTHER INTERESTED PARTY;
265+ (4) A MUNICIPAL CORPORATIO N THAT ADOPTED A SWI MMING POOL 25
266+AND SPA CODE BEFORE OCTOBER 1 DECEMBER 31, 2021 2022, SHALL IMPLEMENT 26
267+AND ENFORCE THE STANDARDS IN THE MUNI CIPAL CORPORATION UN LESS IT 27
268+ELECTS TO NEGOTIATE WITH THE COUNTY IN W HICH THE MUNICIPAL C ORPORATION 28
269+IS LOCATED TO HAVE T HE COUNTY IMPLEMENT AND ENFORCE THE STANDARDS IN 29
270+THE MUNICIPAL CORPOR ATION. 30
286271
287- (2) PROVIDE EACH LOCAL J URISDICTION WITH THE NECESSARY
288-HARDWARE OR SOFTWARE TO ENABLE THE LOCAL JURISDICTION TO ACCE SS THE
289-INFORMATION IN THE D ATABASE; AND
272+ (C) A LOCAL JURISDICTION M AY CHARGE FEES NECES SARY TO COVER THE 31
273+COST OF IMPLEMENTATION AND E NFORCEMENT OF THE STANDARDS AND ANY 32
274+LOCAL AMENDMENTS TO THE STANDARDS. 33
290275
291- (3) COORDINATE WITH LOCA L SWIMMING POOL AND SPA OFFICIALS,
292-THE STATE FIRE MARSHAL, AND LOCAL FIRE OFFIC IALS IN COMPILING
293-INFORMATION FOR THE DATABASE.
276+12–1206. 34
277+ HOUSE BILL 303 7
294278
295- (D) (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
296-PARAGRAPH, THE DEPARTMENT MAY CHARGE A FEE FOR INFORMATIO N PROVIDED
297-FROM THE DATABASE .
298279
299- (II) THE DEPARTMENT MAY NOT CH ARGE A FEE TO A STATE
300-UNIT OR LOCAL JURISD ICTION.
280+ (A) THE DEPARTMENT SHALL MAIN TAIN A CENTRAL AUTOM ATED 1
281+DATABASE IN ACCORDAN CE WITH THIS SECTION . 2
301282
302- (2) THE DEPARTMENT MAY NOT CH ARGE A FEE TO A LOCA L
303-JURISDICTION FOR THE ONGOING MAINTENANCE OF THE D ATABASE.
283+ (B) (1) AT A MINIMUM , THE DEPARTMENT SHALL INCL UDE IN THE 3
284+DATABASE: 4
304285
305- (3) FEES COLLECTED IN ACC ORDANCE WITH THIS SU BSECTION
306-UNEXPENDED AT THE EN D OF THE FISCAL YEAR DO NOT REVERT TO THE GENERAL
307-FUND OF THE STATE, BUT SHALL BE KEPT IN A SPECIAL FUND AVAIL ABLE TO THE
308-DEPARTMENT TO CARRY O UT THIS SUBTITLE.
286+ (I) THE STANDARDS; 5
309287
310-12–1207.
288+ (II) LOCAL AMENDMENTS TO THE STANDARDS; 6
311289
312- (A) THE DEPARTMENT MAY :
290+ (III) THE ELECTRICAL CODE REQUIRED UNDER SUBTITLE 6 OF 7
291+THIS TITLE; 8
313292
314- (1) DEVELOP A VOLUNTARY FORUM THAT MAY BE US ED, ON REQUEST
315-OF A LOCAL JURISDICT ION, TO RESOLVE CONFLICTS THAT INVOLVE THE
316-STANDARDS; AND
293+ (IV) LOCAL AMENDMENTS TO THE ELECTRICAL CODE; AND 9
317294
318- (2) ADOPT REGULATIONS TO CARRY OUT THIS SUBTI TLE.
295+ (V) INFORMATION COMPILED BY THE DEPARTMENT UNDE R 10
296+PARAGRAPH (2) OF THIS SUBSECTION . 11
319297
320- (B) THE DEPARTMENT: Ch. 730 2022 LAWS OF MARYLAND
298+ (2) THE DEPARTMENT MAY COMPIL E AND INCLUDE IN THE 12
299+DATABASE: 13
321300
322-– 8 –
301+ (I) ANY INFORMATION PROV IDED BY A LOCAL JURI SDICTION 14
302+ON THE IMPLEMENTATIO N AND INTERPRETATION OF THE STANDARDS BY THE 15
303+LOCAL JURISDICTION ; AND 16
323304
324- (1) SHALL NOTIFY EACH LO CAL JURISDICTION OF EACH CHANGE TO
325-THE INTERNATIONAL SWIMMING POOL AND SPA CODE AND THE IMPACT T HE
326-CHANGE WILL HAVE ON THE LOCAL AMENDMENTS IN THAT LOCAL JURISD ICTION;
305+ (II) INTERIM AMENDMENTS T O THE INTERNATIONAL 17
306+SWIMMING POOL AND SPA CODE INCLUDING SUBSEQ UENT PRINTINGS OF TH E MOST 18
307+RECENT EDITION . 19
327308
328- (2) MAY PROVIDE TRAINING FOR LOCAL SWIMMING P OOL AND SPA
329-OFFICIALS ON THE STANDARDS AND CERTIFY THE PARTICIPATION OF LOCAL
330-SWIMMING POOL AND SP A OFFICIALS IN THE T RAINING;
309+ (C) THE DEPARTMENT SHALL : 20
331310
332- (3) ON REQUEST , SHALL PROVIDE A LOCA L JURISDICTION WITH
333-TECHNICAL ASSISTANCE TO IMPLEMENT AND ENF ORCE THE STANDARDS; AND
311+ (1) MAKE INFORMATION FRO M THE DATABASE AVAIL ABLE TO A 21
312+LOCAL JURISDICTION , STATE UNIT, OR OTHER INTE RESTED PARTY ; 22
334313
335- (4) SHALL CONSULT WITH THE MARYLAND DEPARTMENT OF HEALTH
336-ON THE IMPLEMENTATIO N OF THE STANDARDS IN RELATION TO THE REGULATION
337-OF THE OPERATION AND MAINTENANCE OF SWIMM ING POOLS AND SPAS .
314+ (2) PROVIDE EACH LOCAL J URISDICTION WITH THE NECESSARY 23
315+HARDWARE OR SOFTWARE TO ENABLE THE LOCAL JURISDICTION TO ACCE SS THE 24
316+INFORMATION IN THE D ATABASE; AND 25
338317
339- SECTION 2. AND BE IT FURTHER ENACTED, That :
318+ (3) COORDINATE WITH LOCA L SWIMMING POOL AND SPA OFFICIALS, 26
319+THE STATE FIRE MARSHAL, AND LOCAL FIRE OFFIC IALS IN COMPILING 27
320+INFORMATION FOR THE DATABASE. 28
321+ 8 HOUSE BILL 303
340322
341- (a) Except as provided in subsection (b) of this section, this Act shall be construed
342-to apply to swimming pools and spas, including swimming pools and spas in hotels and
343-motels, only prospectively and may not be applied or interpreted to have any effect on or
344-application to a swimming pool or spa in operation before the effective date of this Act.
345323
346- (b) This Act shall be construed to apply to any swimming pool or spa for which
347-new construction or renovation, or a substantial and material structural change, this Act
348-does not apply to a swimming pool or spa built and in operation before June 1 December 31,
349-2023, unless there is construction or renovation that results in a substantial and material
350-structural change to the swimming pool or spa that occurs on or after the effective date of
351-this Act June 1 December 31, 2023.
324+ (D) (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 1
325+PARAGRAPH , THE DEPARTMENT MAY CHARGE A FEE FOR INFORMATIO N PROVIDED 2
326+FROM THE DATABASE . 3
352327
353- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
354-October 1, 2022.
328+ (II) THE DEPARTMENT MAY NOT CHARGE A FEE TO A STATE 4
329+UNIT OR LOCAL JURISD ICTION. 5
355330
356-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
331+ (2) THE DEPARTMENT MAY NOT CH ARGE A FEE TO A LOCA L 6
332+JURISDICTION FOR THE ONGOING MAINTENANCE OF THE DATABASE . 7
333+
334+ (3) FEES COLLECTED IN ACC ORDANCE WITH THIS SU BSECTION 8
335+UNEXPENDED AT THE EN D OF THE FISCAL YEAR DO NOT REVERT T O THE GENERAL 9
336+FUND OF THE STATE, BUT SHALL BE KEPT IN A SPECIAL FUND AVAIL ABLE TO THE 10
337+DEPARTMENT TO CARRY O UT THIS SUBTITLE. 11
338+
339+12–1207. 12
340+
341+ (A) THE DEPARTMENT MAY : 13
342+
343+ (1) DEVELOP A VOLUNTARY FORUM THAT MAY BE US ED, ON REQUEST 14
344+OF A LOCAL J URISDICTION, TO RESOLVE CONFLICTS THAT INVOLVE THE 15
345+STANDARDS; AND 16
346+
347+ (2) ADOPT REGULATIONS TO CARRY OUT THIS SUBTI TLE. 17
348+
349+ (B) THE DEPARTMENT : 18
350+
351+ (1) SHALL NOTIFY EACH LO CAL JURISDICTION OF EACH CHANGE TO 19
352+THE INTERNATIONAL SWIMMING POOL AND SPA CODE AND THE IMPACT THE 20
353+CHANGE WILL HAVE ON THE LOCAL AMENDMENTS IN THAT LOCAL JURISD ICTION; 21
354+
355+ (2) MAY PROVIDE TRAINING FOR LOCAL SWIMMING P OOL AND SPA 22
356+OFFICIALS ON THE STANDARDS AND CERTIFY THE PARTICIPATION OF LOCAL 23
357+SWIMMING POOL AND SP A OFFICIALS IN THE T RAINING; 24
358+
359+ (3) ON REQUEST , SHALL PROVIDE A LOCA L JURISDICTION WITH 25
360+TECHNICAL ASSISTANCE TO IMPLEMENT AND ENF ORCE THE STANDARDS; AND 26
361+
362+ (4) SHALL CONSULT WITH T HE MARYLAND DEPARTMENT OF HEALTH 27
363+ON THE IMPLEMENTATIO N OF THE STANDARDS IN RELATION TO THE REGULATION 28
364+OF THE OPERATION AND MAI NTENANCE OF SWIMMING POOLS AND SPAS . 29
365+
366+ SECTION 2. AND BE IT FURTHER ENACTED, That : 30
367+ HOUSE BILL 303 9
368+
369+
370+ (a) Except as provided in subsection (b) of this section, this Act shall be construed 1
371+to apply to swimming pools and spas, including swimming pools and spas in hotels and 2
372+motels, only prospectively and may not be applied or interpreted to have any effect on or 3
373+application to a swimming pool or spa in operation before the effective date of this Act. 4
374+
375+ (b) This Act shall be construed to apply to any swimming pool or spa for which 5
376+new construction or renovation, or a substantial and material structural change, this Act 6
377+does not apply to a swimming pool or spa built and in operation before June 1 December 31, 7
378+2023, unless there is construction or renovation that results in a substantial and material 8
379+structural change to the swimming pool or spa that occurs on or after the effective date of 9
380+this Act June 1 December 31, 2023. 10
381+
382+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
383+October 1, 2022. 12
384+
385+
386+
387+
388+
389+Approved:
390+________________________________________________________________________________
391+ Governor.
392+________________________________________________________________________________
393+ Speaker of the House of Delegates.
394+________________________________________________________________________________
395+ President of the Senate.