The Maryland State Department of Health and Mental Hygiene Regulations Governing public swimming pools and public spas as set out in the Code of Maryland Regulations (COMAR 10.17.01), and as they may be amended from time to time, are hereby adopted by reference as the County regulations governing public swimming pools and public spas and made a part of this Subtitle, with the additions, insertions and changes prescribed in this Division. The Clerk of the Council shall at all times maintain and keep a current set of such State regulations for public inspection.

The following additions, insertions and changes are hereby made to the Maryland State Department of Health and Mental Hygiene Regulations governing public swimming pools adopted by reference herein as the County regulations governing public swimming pools.

In addition to the definition of terms contained in the State regulations adopted by reference in this Division, the following definitions and terminology shall apply and are applicable to such provisions adopted by reference: County shall mean Prince George's County, Maryland. County Health Officer shall mean the duly appointed County Health Officer or his authorized representative. Public Swimming Pool shall mean any constructed swimming pool or wading pool, together with buildings and all appurtenances thereto, except those serving an individual private residence. It shall also include community swimming pools within residential zones. Public Swimming Pool Lifeguard shall mean any individual meeting the requirements of this Division who actively supervises public swimming pools for the purpose of insuring proper health and safety standards, as provided in this Division. Public Swimming Pool Operator shall mean any individual, duly licensed by the County Health Officer, who is responsible for the overall operation of a public swimming pool. Turbidity shall mean the cloudy condition of pool water caused by suspended particles which obscure visibility. Wading Pool shall mean any pool not normally in excess of 24 inches deep at its maximum depth and usually reserved for use by small children.

It shall be unlawful for any person to operate or permit to be operated within the County a public swimming pool without first obtaining from the County Health Officer a license for the pool.

Application for a public swimming pool license shall be made on forms provided by the County Health Officer. The owner of the swimming pool, the lessor of the swimming pool or the property management company shall be the responsible party and must sign as the applicant for the license.

The fees for the issuance of public swimming pool licenses shall be proposed and recommended by the County Executive, adopted by resolution of the County Council after notice and public hearing; and included in the Table of Fees, section 2-253.63, Attachment A.

No person shall construct or substantially alter any public swimming pool or its appurtenances, until plans and specifications have been submitted to and approved by the Prince George's County Health Department. At the time of submitting plans to the Health Department for new or remodeled swimming pools, a fee for new pools or remodeled pools shall be paid as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website. A fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website, shall be paid for each resubmittal of plans after the first resubmittal. An additional fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website shall be paid for each reinspection after the first reinspection required prior to approval to operate. A fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website shall be paid for prospective inspections, consultations, and equipment evaluations.

Public swimming pool licenses issued pursuant to this Subdivision shall be issued for a period not to exceed one year, and shall terminate on December 31 of each year.

Public swimming pool licenses issued pursuant to this Subdivision shall be subject to temporary suspension by the County Health Officer for reasons of turbidity, improper chlorination, insufficient supervision, improper water pH, excess cyanuric acid, or if there are reasonable grounds to believe that a real health or safety hazard exists. The pool may reopen after suspension upon correction of the violation. The Health Department must be notified of the correction by the next working day. Upon reinspection by the Health Department, if the initial violation has not been corrected, the pool will be closed and written permission from the Health Department must be obtained and a fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website must be paid before reopening.

It shall be unlawful for any person to act as a public swimming pool operator unless duly licensed by the County Health Officer.

Application for a pool operator's license must be made to the Department by submitting the following: A completed application along with the appropriate fee and a recent photograph clearly showing the applicant's facial features when trimmed to a size of two inches by two inches; Documentation that applicant is sixteen (16) years of age or older; and Original written evidence of successful completion of an approved pool operators course; or A valid pool operator's license from a local jurisdiction with a reciprocal agreement on licensure with the Department; or When previous experience/training is documented, a passing grade of seventy-five percent (75%) on a challenge exam offered by the Health Officer. License renewals will be issued upon receipt of the following: A completed application along with the appropriate fee; and Proof of having completed an approved four-hour refresher course or the equivalent in continuing education. To reinstate a revoked license, an operator must pass the Department's challenge exam. The Health Department may offer its own four-hour refresher course for applicants for license renewal, but applicants are not required to take the Department's version of the course in order to qualify for license renewal.

The fees for the issuance of a public swimming pool operator's license shall be proposed and recommended by the County Executive and adopted by resolution of the County Council. A fee for the challenge exam offered in accordance with Section 5-218 of this Subtitle shall be proposed and recommended by the County Executive and adopted by resolution of the County Council. A fee for the four-hour refresher course for applicants for the pool operator's license renewal, which is required in accordance with Section 5-218 of this Subtitle, shall be proposed and recommended by the County Executive and adopted by resolution of the County Council.

Public swimming pool operators' licenses issued pursuant to this Section shall be issued for a three-year period.

Any public swimming pool license required by this Subdivision shall be on public display at all times at the pool office. All licenses required by this Subdivision shall be available for presentation by the licensee at all times.

A preopening inspection of all seasonal pools shall be made by the Health Department to determine compliance with all provisions of this Division prior to issuing the yearly operating license required in Section 5-213. A fee of One Hundred Fifty Dollars ($150.00) shall be paid for each preopening reinspection.

For serious or repeated violations of this Division, or for interference with the County Health Officer in the performance of his duties, any license required by this Subdivision may be revoked after an opportunity for a hearing has been provided by the County Health Officer. A written notice of such revocation and written notice of the hearing shall be given to the licensee.

Public swimming pool lifeguards must be fifteen (15) years of age or older, and hold a valid certificate approved by the County Health Officer. Lifeguard certificates required by this Section shall be available for presentation at all times.

Except as provided in subsections (b) and (c), it shall be unlawful for any person to operate or permit to be operated within the County a public swimming pool unless such pool is under the prompt supervision of duly licensed swimming pool operator and under the actual and direct supervision of that number of qualified public swimming pool lifeguards as indicated below. 1—50 persons in water—One lifeguard; 51—100 persons in water—Two lifeguards; 101—150 persons in water—Three lifeguards; For each additional 75 persons in water—One lifeguard. The provisions of subsection 5-224(a) do not apply to a pool with a water surface area of under 2,500 square feet located within or outside a building that has a permit issued by Prince George's County to operate as a hotel or motel, or that is registered as a seller of health club services pursuant to the Annotated Code of Maryland, Commercial Law Article, Title 14, Subtitle 12B, and that meets all State regulations, including COMAR10.17.01.40F and the following provisions: The size, color, design, application, symbol, and visual layout of a safety sign is in compliance with the ANSI Z-535 series of standards for Safety Signs and Colors as referenced in American National Standard for Public Spas; A spa safety sign is posted in a permanent location adjacent to a spa in compliance with the American National Standard for Public Spas; The spa safety sign includes the user load of the spa; A chemical warning sign is posted at the entrance door to a chemical storage area and includes the text "Caution! Chemical Storage Area"; A chemical vat, feeder, pump, and line is labeled to identify the chemical in use; A chlorine gas warning sign reading "Danger—Chlorine Gas" is posted at the entrance to a chlorine gas feed room and storage area; Other warning, health advisory, and safety signs are posted if necessary to protect the public health and safety, for example, "Danger! No Diving In Shallow Water"; A semipublic pool or public spa that does not have a lifeguard on duty has a conspicuous sign posted adjacent to entrances to the pool or spa reading "WARNING; NO LIFEGUARD ON DUTY. SWIM AT YOUR OWN RISK. DO NOT SWIM ALONE. CHILDREN UNDER 15 SHOULD NOT USE THE POOL WITHOUT ADULT SUPERVISION."; and In addition to meeting the above requirements and the provisions of COMAR 10.17.01.40F, a pool with a water surface area of under 2,500 square feet that is located in or outside a building that has a use and occupancy permit to operate as a hotel or motel, or that is registered as a seller of health club services pursuant to the Annotated Code of Maryland, Commercial Law Article, Title 14, Subtitle 12B, and that meets a description of the provisions set forth in subsection 5-224(b) must have a conspicuous sign posted adjacent to entrances to the pool or spa reading: "CHILDREN UNDER THE AGE OF 15 ARE NOT PERMITTED TO USE THE POOL WITHOUT ADULT SUPERVISION." The County Health Officer has the authority to make adjustments in the foregoing schedule when deemed necessary and practicable and when such adjustment will not present a hazard to the public health or safety of persons using a pool. Swimming pools shall be maintained in a clean, sanitary and safe manner at all times. All bathhouse supplies such as paper towels and toilet paper shall be available at all times. All structures and equipment at swimming pools shall be maintained in good repair at all times. For every pool a daily operating record shall be kept including pH, chlorine residual, number of bathers, time of recording, pressure differential (if applicable), and flow rate which shall be made available for checking by the County Health Officer during each inspection. A data sheet containing all operational data, particularly the pool volume, rate of flow, turnover rate, backwashing procedure, and for DE pools, pre-coat procedure shall be posted at the pool for all pools included in the operation. All valves shall be tagged or otherwise marked to follow the data sheets. At no time shall there be more swimmers in the pool than the number the pool was designed for. No person shall be permitted in the pool who has an obvious or known infection, cut, abrasion, or open blister.

Each swimming pool shall be provided with an approved first-aid kit which fulfills the minimum requirements of the American Red Cross and the following additional safety equipment: A rescue tube for lifesaving for each lifeguard on duty; A reaching pole of adequate length as determined by pool size; A backboard designed for medical emergency use that is equipped with straps and a head immobilizer; A cot with blankets; A whistle (one per guard); and A dust pan and brush for glass removal. Each swimming pool shall be provided with a telephone within the pool enclosure with all emergency numbers listed. All swimming pools using gas chlorine for disinfecting pool water shall have available a gas mask currently approved by the National Institute of Occupational Safety and Health (NIOSH). This mask must not be stored in the gas chlorine room. All chemicals kept on the pool premises shall be stored in a safe manner. No glass containers shall be allowed within the pool enclosure. No situation considered by the County Health Officer to be a safety hazard shall be permitted to exist at any swimming pool.

All water supplies to a swimming pool must meet all applicable regulations of Prince George's County and the Secretary of Health and Mental Hygiene of the State of Maryland. All pools shall maintain a minimum concentration of free residual chlorine in the water in all parts of the swimming pool between 1.5 ppm and 10 ppm and between 3.0 ppm and 10 ppm for wading and therapy pools; if bromine is used, the total concentration shall be between 3.0 ppm and 10 ppm and 4.0 ppm and 8.0 ppm for wading and therapy pools. If cyanuric acid is used, the concentration shall not exceed 100 ppm. The pH of the pool shall be maintained between 7.2 and 7.8. When any swimming pool is in use, the water shall be of sufficient clarity that the main drain can be clearly seen from all sides of the pool. All chemicals added to the swimming pool water shall be fed by a mechanical feeder, or in a manner approved by the County Health Officer. All broken mechanical feeders must be repaired within twenty-four (24) hours. Chemicals added during this period must be in a manner approved by the County Health Officer. Approved water-testing kits shall be provided at each pool for determining pH, free chlorine residual, using D.P.D. method of determination, and if used in the pool water, cyanuric acid. Free chlorine and pH readings must be taken and recorded a minimum of every two (2) hours when the pool is in operation. The ranges of test kit readings must be approved by the County Health Officer to determine that the kit is capable of monitoring the water chemistry adequately. All chemicals added to the pool water must be approved by the County Health Officer. Any guidelines issued by the County Health Officer regarding the use of a particular chemical must be adhered to.

The purpose and intent of this Division is to protect and promote the public health and safety of the users of public swimming pools in Prince George's County. Therefore, variances from provisions of this Division may be approved when, in the opinion of the County Health Officer, such variances will not adversely affect the users' health and safety. If such variances are permitted, they shall be made in strict compliance with the restrictions, limitations, or conditions which the County Health Officer may demand.

The County Health Officer shall recommend to the County Council any necessary regulations which need to be promulgated for the orderly administration of this Division. Such regulations shall take effect only after approval by the County Council.