*Red font in the legislation and regulation indicates changes from previous reporting

Maryland– Pool Code Clarification

Issue: Code of Maryland (COMAR) clarification on pool depth markers  

Affects:  Those who build pools/spas

Send comments or questions to:  Regan Ratliff, rratliff@phta.org or Dr. Clifford Mitchell, Director of the Environmental Health Bureau, cliff.mithcell@maryland.gov

Code Clarification:  In response to stakeholder outreach, the Maryland Department of Health has clarified COMAR 10.17.01.13(C) relating to pool depth markers. 

COMAR 10.17.01.03 states that a pool or spa that was constructed prior to February 10, 1997, the pool is exempt from compliance with COMAR 10.17.01.13(C), “unless the pool or spa has a condition that jeopardizes the health or safety of the public, in which case the owner shall ensure that the condition is corrected to meet the requirements of this chapter…”. 

In the notice of code clarification, the Department states that it recognizes many older pools were constructed without depth markers and does not believe the absence of depth markers in older pools should be grounds for pool closure or denial of an annual operating permit. 

Notice of Code Clarification: https://images.magnetmail.net/images/clients/APSP/attach/NoticeofCodeClarificationDeputySecretaryLetteronDepthMarkers.pdf

COMAR 10.17.01: http://www.dsd.state.md.us/COMAR/SubtitleSearch.aspx?search=10.17.01.*