In this subtitle the following words have the meanings indicated. “Additions” has the meaning stated in the International Swimming Pool and Spa Code. “Alterations” has the meaning stated in the International Swimming Pool and Spa Code. “Department” means the Maryland Department of Labor. “International Swimming Pool and Spa Code” means the first printing of the most recent edition of the International Swimming Pool and Spa Code issued by the International Code Council. “International Swimming Pool and Spa Code” does not include interim amendments or subsequent printings of the most recent edition of the International Swimming Pool and Spa Code. “Local jurisdiction” means the county or municipal corporation that is responsible for implementation and enforcement of the Standards under this subtitle. “Repairs” has the meaning stated in the International Swimming Pool and Spa Code. “Spa” has the meaning stated in the International Swimming Pool and Spa Code. “Standards” means the Maryland Swimming Pool and Spa Standards. “Swimming pool” has the meaning stated in the International Swimming Pool and Spa Code.

This subtitle does not alter or abrogate the authority of: the State Fire Prevention Commission to enforce the Electrical Code under Subtitle 6 of this title; the Public Service Commission to enforce the Energy Code defined under the Energy Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article; or the Maryland Department of Health to: enforce the Standards for the design and construction, including additions, alterations, or repairs, of public swimming pools; or regulate the operation and maintenance of swimming pools and spas. This subtitle does not alter or abrogate any zoning power or related authority of a county or municipal corporation. This subtitle does not allow or encourage the State to initiate or assume an independent role in the administration and enforcement of the Standards for a swimming pool or spa that is not owned or operated by the State.

Except as provided in subparagraph (ii) of this paragraph, the Department shall adopt by regulation, as the Maryland Swimming Pool and Spa Standards, the International Swimming Pool and Spa Code, with the modifications incorporated by the Department in accordance with subsection (b) of this section. The Department shall adopt, as part of the Standards, the provisions of the International Swimming Pool and Spa Code relating to the requirements for additions, alterations, and repairs without modification. The Department shall adopt each subsequent version of the Standards within 18 months after it is issued. Before adopting each version of the Standards, the Department shall: review the International Swimming Pool and Spa Code to determine whether modifications should be incorporated in the Standards; consider changes to the International Swimming Pool and Spa Code to enhance energy conservation and efficiency; subject to the provisions of item (2) of this subsection, adopt modifications to the Standards that allow any innovative approach, design, equipment, or method of construction, including additions, alterations, or repairs, that can be demonstrated to offer additional energy efficiency; consult with the Maryland Department of Health on the effect of the proposed changes on health and safety; accept written comments; consider any comments received; and hold a public hearing on each proposed modification. The Standards apply to each swimming pool or spa in the State for which an application for a permit is received by a local jurisdiction on or after December 31, 2023.

A local jurisdiction may adopt local amendments to the Standards if the local amendments do not: prohibit the minimum implementation and enforcement activities set forth in § 12–1205 of this subtitle; or weaken energy conservation and efficiency provisions contained in the Standards. If a local jurisdiction adopts a local amendment to the Standards, the Standards as amended by the local jurisdiction apply in the local jurisdiction. If a local amendment conflicts with the Standards, the local amendment prevails in the local jurisdiction. A local jurisdiction that adopts a local amendment to the Standards shall ensure that the local amendment is adopted in accordance with applicable local law. To keep the database established under this subtitle current, a local jurisdiction that adopts a local amendment to the Standards shall provide a copy of the local amendment to the Department: at least 15 days before the effective date of the amendment; or within 5 days after the adoption of an emergency local amendment.

Each local jurisdiction shall implement and enforce the most current version of the Standards and any local amendments to the Standards. Any modification of the Standards adopted by the State on or after December 31, 2022, shall be implemented and enforced by a local jurisdiction not later than 12 months after the modifications are adopted by the State. At a minimum, the local jurisdiction shall ensure that implementation and enforcement of the Standards includes: review and acceptance of appropriate plans; issuance of permits; inspection of the work authorized by the permits; and issuance of appropriate use and occupancy certificates. Each local jurisdiction shall determine the manner in which the minimum implementation and enforcement activities of this subsection are carried out. Except as otherwise provided in this subsection, the county in which a swimming pool or spa is located shall implement and enforce the Standards for that swimming pool or spa in accordance with this subtitle. A municipal corporation that did not adopt a swimming pool and spa code before December 31, 2022, may elect to implement and enforce the Standards in accordance with this subtitle for swimming pools or spas located in the municipal corporation. If a municipal corporation elects to implement and enforce the Standards under this paragraph, the county in which the municipal corporation is located is not responsible for implementation and enforcement of the Standards in the municipal corporation. A county that did not adopt a swimming pool and spa code before December 31, 2022, shall implement and enforce the Standards in the county unless it elects to negotiate with a municipal corporation in the county to have the municipal corporation implement and enforce the Standards in the county. A municipal corporation that adopted a swimming pool and spa code before December 31, 2022, shall implement and enforce the Standards in the municipal corporation unless it elects to negotiate with the county in which the municipal corporation is located to have the county implement and enforce the Standards in the municipal corporation. A local jurisdiction may charge fees necessary to cover the cost of implementation and enforcement of the Standards and any local amendments to the Standards.

The Department shall maintain a central automated database in accordance with this section. At a minimum, the Department shall include in the database: the Standards; local amendments to the Standards; the Electrical Code required under Subtitle 6 of this title; local amendments to the Electrical Code; and information compiled by the Department under paragraph (2) of this subsection. The Department may compile and include in the database: any information provided by a local jurisdiction on the implementation and interpretation of the Standards by the local jurisdiction; and interim amendments to the International Swimming Pool and Spa Code including subsequent printings of the most recent edition. The Department shall: make information from the database available to a local jurisdiction, State unit, or other interested party; provide each local jurisdiction with the necessary hardware or software to enable the local jurisdiction to access the information in the database; and coordinate with local swimming pool and spa officials, the State Fire Marshal, and local fire officials in compiling information for the database. Except as provided in subparagraph (ii) of this paragraph, the Department may charge a fee for information provided from the database. The Department may not charge a fee to a State unit or local jurisdiction. The Department may not charge a fee to a local jurisdiction for the ongoing maintenance of the database. Fees collected in accordance with this subsection unexpended at the end of the fiscal year do not revert to the General Fund of the State, but shall be kept in a special fund available to the Department to carry out this subtitle.

The Department may: develop a voluntary forum that may be used, on request of a local jurisdiction, to resolve conflicts that involve the Standards; and adopt regulations to carry out this subtitle. The Department: shall notify each local jurisdiction of each change to the International Swimming Pool and Spa Code and the impact the change will have on the local amendments in that local jurisdiction; may provide training for local swimming pool and spa officials on the Standards and certify the participation of local swimming pool and spa officials in the training; on request, shall provide a local jurisdiction with technical assistance to implement and enforce the Standards; and shall consult with the Maryland Department of Health on the implementation of the Standards in relation to the regulation of the operation and maintenance of swimming pools and spas.