<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06-1" citation="COMAR 10.17.01.06-1" title_num="10" subtitle_num="17" chapter_num="01" heading="Replacements.">
  <paragraph num="A.">
    <text>An owner may replace a component at a recreational pool, semipublic pool, or public spa before obtaining approval from the Secretary.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Before replacing a component at a recreational pool, semipublic pool, or public spa, an owner shall obtain necessary:</text>
    <paragraph num="(1)">
      <text>Local zoning approval;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Building permits;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Electrical permits;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Plumbing permits; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Other applicable local permits.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The local health department may approve a local building permit for, or that includes, replacement of a component at a recreational pool, semipublic pool, or public spa before the replacement application is approved by the Secretary.</text>
  </paragraph>
  <paragraph num="D.">
    <text>An owner shall submit, on a form provided by the Secretary, an application for the replacement of a component at a recreational pool, semipublic pool, or public spa within 10 business days of completing the replacement.</text>
  </paragraph>
  <paragraph num="E.">
    <text>If, during an inspection by the local health department, it is determined that a component has been replaced and the owner failed to submit the form required in §D of this regulation, the owner shall submit the required form to the Department within 10 business days of the local health department’s inspection.</text>
  </paragraph>
  <paragraph num="F.">
    <text>The Secretary shall inspect the replacement of a component at a recreational pool, semipublic pool, or public spa within 30 business days of receipt of the application.</text>
  </paragraph>
  <paragraph num="G.">
    <text>If, during the inspection, the replacement of a component at a recreational pool, semipublic pool, or public spa is in compliance with the requirements of this chapter, the Secretary shall:</text>
    <paragraph num="(1)">
      <text>Provide the owner a copy of the inspection report; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Issue an approval letter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>If, during the inspection, the replacement of a component at a recreational pool, semipublic pool, or public spa is not in compliance with the requirements of this chapter, the Secretary shall:</text>
    <paragraph num="(1)">
      <text>Deny the replacement application; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Notify the owner:</text>
      <paragraph num="(a)">
        <text>Of the reason or reasons for the denial;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>That the owner may request from the Secretary an opportunity for a hearing on the denial pursuant to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, if the owner wishes to contest the denial;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>That to preserve the right to a hearing, the owner shall contact the Department within 10 business days of the receipt of the notice of denial; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>That the owner shall cease operation of a recreational pool, semipublic pool, or public spa if the component is essential to operation or cease operation of the replaced component, where the replacement of a component was found to violate this chapter until:</text>
        <paragraph num="(i)">
          <text>The violation is corrected;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A new replacement application and applicable fee is submitted to the Secretary; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The Secretary inspects and approves the replacement of the component.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>