Sec. 10.17.01.05. Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Alteration.

(a) “Alteration” means to:

(i) Change or modify an equipment room, a bathhouse, a component, or the configuration of a pool or spa;

(ii) Move a component from one location or position to another; or

(iii) Install a new component.

(b) “Alteration” does not include a repair or replacement.

(2) “Approved” means found by the Secretary to be in satisfactory compliance with applicable statutes and regulations promulgated or enforced by the Secretary.

(3) “Barrier” means a fence or wall or a combination of a fence and wall that completely surrounds and obstructs access to the pool or spa.

(4) “Cfm” means cubic feet per minute.

(4-1) “Component” means:

(a) A piece of pool or spa equipment;

(b) A deck;

(c) A barrier;

(d) One or more skimmers;

(e) One or more filters, including piping and valves;

(f) A ventilation system;

(g) Lighting provided for water, deck, and walkways; or

(h) Pipe material for pool or spa water.

(4-2) “Critical violation” means a violation that results from a product, practice, circumstance, or event that creates a situation that requires immediate correction or cessation of operation to prevent injury, illness, or death based on the number of potential injuries and the nature, severity, and duration of the anticipated injury or illness, or specifically:

(a) Failure to comply with:

(i) Regulation .06-1E of this chapter;

(ii) For a public pool with a lifeguard on duty, Regulation .21 of this chapter, except for §A(10)(a), (b), and (d)-(f) and B(2);

(iii) For a public pool without a lifeguard on duty, Regulation .21 of this chapter, except for §A(10)(a) and (d)-(f) and B(2);

(iv) Regulation .25G of this chapter;

(v) Regulation .28 of this chapter, except for §H(3)(b), (7), and (8) and I;

(vi) Regulation .40B, D, and E of this chapter;

(vii) Regulation .43A and B of this chapter;

(viii) Regulation .45A(7) of this chapter;

(ix) Regulation .48B of this chapter; or

(x) Manufacturer’s instructions or directions when adding chemicals to a public pool or spa;

(b) Meeting both of the following conditions at the same time:

(i) The flow through a circulation system of a public pool or spa meets the criteria for a major violation as specified in §B(7-1) of this regulation; and

(ii) One or more of the water quality parameters meets the criteria for a major violation as specified in §B(7-1) of this regulation;

(c) A pH level in a public pool or spa that is at or:

(i) Below 6.8; or

(ii) Above 8.2;

(d) A free chlorine level in a:

(i) Pool for swimming or diving or a water recreational attraction that is less than 1 ppm;

(ii) Wading or therapy pool that is less than 3 ppm; or

(iii) Spa that is less than 4 ppm;

(e) A free chlorine level in a public pool or spa that is 11 ppm or greater;

(f) A bromine level in a:

(i) Pool for swimming or diving or a water recreational attraction that is less than 3 ppm; or

(ii) Spa, wading pool, or therapy pool that is less than 4 ppm;

(g) A bromine level in a public pool or spa that is 11 ppm or greater;

(h) A temperature in a mechanically heated:

(i) Pool above 96°F; or

(ii) Spa above 104°F;

(i) Hand feeding of any chemicals while patrons are in the water of a public pool or spa; or

(j) Insufficient illumination such that the bottom of the pool or spa is not clearly visible.

(4-3) “Full compliance inspection” means an inspection that verifies compliance with this chapter.

(5) “Gpm” means gallons per minute.

(5-1) “Hand feeding” means adding chemicals to a pool or spa by any means other than an automatic chemical feeder.

(6) “Lifeguard” means an individual who is 15 years old or older and who has a valid lifeguard certificate from:

(a) The American Red Cross;

(b) The Boy Scouts of America, not including a lifeguard merit badge;

(c) The Young Men's Christian Association;

(d) Ellis and Associates' National Pool and Waterpark Lifeguard Training; or

(e) An organization with a lifesaving training program equivalent to that of the American Red Cross.

(7) Limited Public-Use Pool.

(a) “Limited public-use pool” means a private pool which is made available for use by:

(i) Children in family day care under the care of a family day care provider at a family day care home as defined in COMAR 07.04.01; or

(ii) An organized group, agency, or other person for swimming lessons or water safety training.

(b) “Limited public-use pool” does not include a pool that is emptied of water, disinfected, and refilled with water between each use.

(7-1) “Major violation” means a violation that if not corrected within 24 hours could lead to injury, illness, or death, or specifically:

(a) Failure to comply with:

(i) Regulation .21B(2) of this chapter;

(ii) Regulation .25 of this chapter, except for §§B(2) and G;

(iii) Regulation .28H(3)(b) or I of this chapter;

(iv) Regulation .29 of this chapter;

(v) Regulation .32A of this chapter;

(vi) Regulation .40 of this chapter, except for §§B, D, and E;

(vii) Regulation .46 of this chapter; or

(viii) Regulation .48A of this chapter;

(b) The flow through a circulation system of a public pool or spa is:

(i) At least 10 percent greater than the design capacity of the filter system or associated piping; or

(ii) At least 10 percent less than the minimum turnover rate as specified in Regulation .25B;

(c) A pH level in a public pool or spa that is at or:

(i) Below 7; or

(ii) Above 8;

(d) A free chlorine level in a pool for swimming or diving or a water recreational attraction that is less than 1.5 ppm;

(e) A free chlorine level in a public pool or spa that is between 10 ppm and 11 ppm;

(f) A bromine level in a public pool or spa that is greater than 8 ppm;

(g) Except for a therapy pool, a mechanically heated public pool temperature between 89°F and 96°F;

(h) A cyanuric acid level greater than 100 ppm; or

(i) A public pool or spa that has a nonfunctioning disinfection system.

(8) “Make-up water” means the potable water used to maintain the water level in a pool or a spa.

(9) “NSF” means the National Sanitation Foundation International.

(10) “NSPI” means the National Spa and Pool Institute.

(11) “Operator” means a person who supervises, controls, conducts, or manages the operation of a pool or spa.

(12) “Owner” means a person who has a legal interest in a pool or a spa or in the property on which a pool or a spa is or is to be constructed or altered, or the owner's agent.

(13) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.

(14) “PHMB” means polyiminoimidocarbonyliminoimidocarbonyliminohexamethylene hydrochloride.

(15) “Pool” means an artificial enclosure of water that is used for the immersion of the human body for recreation, therapy, or exercise, including a structure that is installed in the ground, above ground, outside, or in a building or portable structure.

(16) “Ppm” means parts per million.

(17) Private Pool and Private Spa.

(a) "Private pool" and "private spa" mean a pool or spa that is:

(i) Not open to the public;

(ii) On a property on which not more than four private residences are located; and

(iii) Used exclusively by the residents of the property and nonpaying individuals invited to use the pool or spa by a resident.

(b) "Private pool" and "private spa" include a pool or spa at a private residence used for short-term rentals including weekly, monthly, or seasonal rentals.

(18) Public Pool and Public Spa.

(a) "Public pool" and "public spa" mean a pool or spa that is not a private pool or spa.

(b) "Public pool" includes a:

(i) Limited public-use pool, as defined in §B(7) of this regulation;

(ii) Recreational pool as defined in §B(19) of this regulation; and

(iii) Semipublic pool, as defined in §B(23) of this regulation.

(c) “Public spa” includes a semipublic spa, as defined in §B(23) of this regulation.

(19) “Recreational pool” means a pool that:

(a) Is not a limited public-use pool, private pool, or semipublic pool, as defined in §B(7), (17), and (23) of this regulation;

(b) Is provided as the owner's primary business or the facility's primary purpose, for example, a swim club or similar facility;

(c) Is open for general admission to the public;

(d) Is available to an individual paying a fee for use of the pool;

(e) Is equipped with a sliding board, diving platform, water slide, water flume, or water recreational play equipment that is built into or attached to the pool structure;

(f) Is provided by, or used by a:

(i) Youth camp;

(ii) College, university, or school;

(iii) Municipality;

(iv) Water park, amusement park, or water recreational attraction as defined in §B(34) of this regulation; or

(v) An apartment complex, housing subdivision, or mobile home park with more than ten units, except as provided in §B(23)(a)(v) of this regulation; or

(g) Is used more than 4 times a week for swimming lessons, water safety instruction, or swimming competition.

(20) Repair.

(a) “Repair” means substituting a component having the same make and model as the previously approved component for the previously approved component.

(b) “Repair” does not include:

(i) Replacements;

(ii) Alterations;

(iii) Installation of additional equipment; or

(iv) Substitutions involving a component which does not meet the requirements of this chapter.

(20-1) Replacement.

(a) “Replacement” means substituting a component, which has a different make or model but has the same operating characteristics and certifications as the previously approved component, for the previously approved component.

(b) “Replacement” does not include:

(i) Repairs;

(ii) Alterations;

(iii) Installation of additional equipment; or

(iv) Substitutions involving a component which does not meet the requirements of this chapter.

(21) "Safety vacuum release system" means a vacuum release system that:

(a) Is capable of providing vacuum release at a suction outlet caused by a high vacuum occurrence due to a suction outlet flow blockage; and

(b) Complies with 15 U.S.C. §8003.

(22) "Secretary" means the Secretary of Health or the Secretary's designee, including a local health officer.

(23) "Semipublic pool" and "semipublic spa" mean a pool or spa at a facility that:

(a) Has pool use or spa use restricted to an individual:

(i) Staying at the facility, where the facility is a temporary dwelling, including a hotel, motel, campground, bed and breakfast having nine or more guest rooms, or similar temporary dwelling;

(ii) Holding membership at the facility, where the facility is an adult health club, retirement community, marina, condominium, or similar facility;

(iii) Residing at an apartment complex, housing subdivision, or mobile home park with ten units or less;

(iv) Receiving treatment at a physical therapy center pool, or spa, where the pool or spa is used for providing therapy; or

(v) Who is the owner or an owner of the pool or spa; and

(b) Has a pool or spa that is not:

(i) Open for admission to the general public, except as provided in §B(23)(a) of this regulation;

(ii) Available to an individual upon the payment of a fee for the use of the pool and spa;

(iii) A limited public-use pool, a private pool, a private spa, or a recreational pool, as defined in §B(7), (17), and (18) of this regulation;

(iv) Equipped with a sliding board, diving platform, water slide, water flume, or water recreational play equipment that is built into or attached to the pool structure; and

(v) At a bed and breakfast that has eight or fewer guest rooms.

(24) "Shallow" means 5 feet or less in depth.

(25) "Spa" means a pool, hot tub, or whirlpool that is:

(a) Primarily designed for relaxation or therapeutic use and not for swimming;

(b) Not more than 4 feet in depth;

(c) Equipped with built-in seats or benches; and

(d) Usually equipped with hydrotherapy jets, heated water, an air injection system, or some combination of these features.

(26) "Spray pool" means a shallow pool into which treated water is sprayed but not allowed to accumulate.

(27) "Swimming pool slide" means a device less than 10 feet in height that an individual may use to enter a pool by sliding down an inclined plane.

(28) "Swim spa" means a spa designed to create a current of water against which an individual may swim for exercise or therapy.

(29) "Therapy pool" means a pool that is exclusively used in the physical treatment of a disease, injury, or disorder.

(30) "Total dynamic head" means the hydraulic calculation of the resistance to flow in a circulation system based on the Hazen-Williams formula in Regulation .25C(1)(a) of this chapter.

(31) "Tube ride" means a pool designed to move an individual on a tube, raft, or other floating support along a channel filled with water.

(32) "Turnover rate" means the time required to circulate a quantity of water equal to the pool or spa volume.

(33) "Unblockable drain" means a drain of any size and shape that:

(a) A human body cannot sufficiently block to create a suction entrapment hazard;

(b) Has the minimum dimensions of 18 inches by 23 inches; and

(34) "User load" means the maximum number of individuals allowed in a pool or spa, as determined by the Secretary, for sanitary purposes, based on the water surface area and water depths.

(35) "Wading pool" means a pool with a water depth of 24 inches or less that is intended for use by children.

(36) Water Recreational Attraction.

(a) "Water recreational attraction" means a pool with special water circulation and operational features or unconventional design and operational features which provide patron recreational activity different from that associated with a conventional swimming pool, and which purposefully involves total or partial immersion in the water.

(b) "Water recreational attraction" includes but is not limited to a:

(i) Shallow water pool with permanently installed water play equipment;

(ii) Spray pool;

(iii) Tube ride;

(iv) Water slide; and

(v) Wave pool.

(c) "Water recreational attraction" does not include a pool with limited water features such as a deck-mounted sliding board or a raindrop feature.

(37) "Water slide" means a water-contact amusement ride when the height of the slide is 10 feet or more.

(38) "Wave pool" means a pool designed with mechanical or hydraulic apparatus to generate waves in the pool.