reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 16 - HOUSING › Chapter 10.16.07 - Health and Medication Requirements for Youth Camps › Section 10.16.07.16 - Appeal Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  otherwise provided in the Administrative Procedure Act, State Government
				  Article, Title 10, Subtitle 2, Annotated Code of Maryland, or in this
				  regulation, before the Department takes any final action to deny, suspend, or
				  revoke a certificate for emergency epinephrine the Department shall give the
				  person against whom the action is contemplated an opportunity for a
				  hearing.
B. The Department shall
				  give the applicant for a certificate for emergency epinephrine:
(1) Written notice of the denial, suspension,
				  or revocation of the certificate for emergency epinephrine;
(2) The reasons for the denial, suspension,
				  or revocation; and
(3) In
				  accordance with §A of this regulation, an opportunity for a
				  hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  purpose of this chapter is to enact regulations that protect and promote the
				  public health and safety of individuals at public spas and pools in Maryland.
				  Public pools include limited public-use pools, recreational pools, and
				  semipublic pools. Public spas include semipublic spas.
B. This chapter adopts construction
				  standards, updates disinfection standards, recognizes certain new technologies
				  and design concepts, and establishes minimum criteria for public pools and
				  spas.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.02 - Exclusions

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not apply to a:
A. Private pool, except for a private pool
				  defined as a limited public-use pool in Regulation .05B of this
				  chapter;
B. Private spa;
C. Pool or spa that is completely emptied of
				  water, disinfected, and refilled with water between each use and that is
				  intended for use or used by a single individual during each use; or
D. Pool or a spa at a bed and breakfast, if
				  the bed and breakfast facility has eight or fewer guest rooms.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.03 - Previously Constructed Pools and Spas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §C of this
				  regulation, the owner of a pool or spa that was constructed before February 10,
				  1997 is exempt from bringing the pool or spa into compliance with:
(1) Regulations .13C, .14A(3), .17C, .18A(3),
				  .22, .24, and .35 of this chapter; and
(2) Notwithstanding any exemption set forth
				  at §A(1) of this regulation, the diving area dimensions of Regulation .27B
				  of this chapter if the diving area is in compliance with American National
				  Standard for Public Swimming Pools.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.04 - Documents Incorporated by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
The following documents are incorporated by reference in
					 this chapter:
A. American National
				  Standard for Public Swimming Pools (ANSI/NSPI-1 2003) except Articles 6.5,
				  6.5.1, 6.6, 6.6.1, 6.6.2, 6.6.3, 6.8, 6.9.1, 6.9.3, 7.1.6, 7.1.7, 7.1.7.1B,
				  8.1.1, 8.4.2.1B, 8.4.2.3B, 12.3.1, 12.3.2, 13.2.1, 13.2.3, 15.3, 17.4.1,
				  17.5.1, 18.6, and 22.2.1, and except that in Appendix E, the term "shall" is
				  substituted for "should" whenever it appears;
B. American National Standard for Public
				  Spas, (ANSI/NSPI-2 1999), except Articles 7.6 and 7.6.1;
C. Circulation System Components and Related
				  Materials for Pools, Spas/Hot Tubs (ANSI/NSF Standard-50 1992);
D. American National Standard for Residential
				  Inground Swimming Pools (ANSI/NSPI-5 1995) including Appendix E, Model Barrier
				  Code for Residential Swimming Pools, Spas, and Hot Tubs;
E. American National Standard for
				  Aboveground/Onground Residential Swimming Pools (ANSI/NSPI-4 1992);
				  and
F.
										15 U.S.C. §
											8003, as amended.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.05 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  chapter, the following terms have the meanings indicated.
B. Terns 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.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.06 - Construction and Alteration Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner who intends to construct or alter
				  a public pool or spa shall obtain a construction or alteration permit from the
				  Secretary before beginning the construction or alteration.
B. An owner may not construct or alter a
				  recreational pool, semipublic pool, or public spa without a construction or
				  alteration permit.
C. To obtain a
				  construction or alteration permit, an owner shall submit to the Secretary:
(1) An application for a construction or
				  alteration permit on an application form provided by the Secretary that
				  includes:
(a) The full names and addresses of
				  the owner and authorized agents of the owner who may act on the owner's behalf
				  during the construction or alteration of the pool or spa;
(b) A statement saying "I hereby acknowledge
				  that all items either listed or shown in these plans and specifications as not
				  in contract, by others, or equivalent, are my responsibility. I also realize
				  that this entire project must be completed in accordance with the approved
				  plans and specifications and all conditions listed in the construction or
				  alteration permit and meet the requirements of this chapter prior to the
				  issuance of an operating permit by the Secretary"; and
(c) The owner's signature, which:
(i) Indicates the owner has supplied the
				  correct information on and with the application; and
(ii) Is in agreement with the statement set
				  forth in §C(l)(b) of this regulation;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.06-1 - Replacements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner may
				  replace a component at a recreational pool, semipublic pool, or public spa
				  before obtaining approval from the Secretary.
B. Before replacing a component at a
				  recreational pool, semipublic pool, or public spa, an owner shall obtain
				  necessary:
(1) Local zoning
				  approval;
(2) Building
				  permits;
(3) Electrical
				  permits;
(4) Plumbing permits;
				  and
(5) Other applicable local
				  permits.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.07 - Repairs

Current through Register Vol. 51, No. 14, July 12, 2024
An owner may make a repair to a recreational pool,
					 semipublic pool, or public spa in accordance -with this chapter
					 -without:
A. Obtaining a construction,
				  alteration, or replacement permit from the Secretary; or
B. Notifying the Secretary.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.08 - Approval After Construction or Alteration

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not operate or permit the use of a
				  recreational pool, semipublic pool, or public spa that has not received written
				  approval from the Secretary after its construction or alteration.
B. The Secretary shall conduct an inspection
				  to ensure that a recreational pool, semipublic pool, or public spa is
				  constructed or altered according to the approved plans and meets the
				  requirements of this chapter, and shall:
(1)
				  Grant written approval for the pool or spa if:
(a) It was constructed or altered according
				  to the approved plans
(b) It meets
				  the requirements of this chapter; and
(c) The owner has received local approval for
				  any:
(i) Building;
(ii) Electrical;
(iii) Plumbing; or
(iv) Other work that requires a local
				  permit;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.09 - Permits for Operation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person
				  may not operate a public pool or spa without an annual operating permit issued
				  by the Secretary, except that in the case of a pool or spa that has received a
				  temporary approval of construction pursuant to Regulation .08D of this chapter,
				  the Secretary may issue a nontransferable 30-calendar-day permit for the
				  temporary operation of the pool or spa.
B. On an application form provided by the
				  Secretary, an owner shall apply to the Secretary for an annual permit to
				  operate a public pool or spa for:
(1) A newly
				  constructed pool or spa, at least 30 business days before the pool or spa is
				  scheduled to open; or
(2) An
				  existing pool or spa, 30 business days before the previous permit
				  expires.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.10 - Suspension or Revocation of an Operating Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Suspension.
(1) The Secretary may:
(a) Suspend an operating permit if an owner
				  or operator violates a requirement of this chapter; and
(b) Summarily suspend an operating permit and
				  close a public pool or spa when protection of the public health, safety, or
				  welfare imperatively requires emergency action.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.11 - Inspections and Right of Entry

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The Secretary may enter, at a reasonable time, public or private property for
				  inspecting and investigating conditions relative to the enforcement of this
				  chapter.
B. A person may not deny
				  or interfere with the Secretary's entry onto public or private property to
				  inspect or to take enforcement action pursuant to this chapter.
C. The Secretary shall conduct:
(1) A full compliance inspection of the
				  public pool or spa relative to the enforcement of this chapter at least once
				  every 12 months; and
(2) An
				  inspection of the public pool or spa relative to the enforcement of this
				  chapter at least once every 90 business days except:
(a) If a critical violation exists, an
				  inspection is required at least every 30 business days; or
(b) If no critical violations were found on
				  the three previous consecutive inspections, only the full compliance inspection
				  prescribed in §C(1) of this regulation is required.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.12 - Conflict of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
An owner shall comply with:
A. The provision that establishes a higher
				  standard for the promotion and protection of public health and safety if a
				  provision of this chapter is in conflict with a local code, ordinance, statute,
				  or other regulation; and
B. This
				  chapter if there is a conflict between this chapter and the provisions of
				  American National Standard for Public Swimming Pools or the American National
				  Standard for Public Spas.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.13 - Standards for Recreational and Semipublic Pools

Current through Register Vol. 51, No. 14, July 12, 2024
An owner shall ensure that an existing, newly built, or
					 altered recreational or semipublic pool is in compliance with:
A. This chapter;
B. Applicable State and local codes;
				  and
C. The American National
				  Standard for Public Swimming Pools.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.14 - Standards for Public Spas

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  owner shall ensure that an existing, newly built, or altered public spa is in
				  compliance with:
(1) This chapter;
(2) Applicable State and local codes;
				  and
(3) The American National
				  Standard for Public Spas.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.15 - Standards for Limited Public-Use Pools

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner of a limited public-use pool
				  shall ensure that:
(1) The construction of
				  the pool is in compliance with:
(a) The
				  American National Standard for Residential Inground Swimming Pools, if the pool
				  is constructed in the ground or as a permanent structure in a building;
				  or
(b) The American National
				  Standard for Aboveground/Onground Residential Swimming Pools, if the pool is
				  removable and located above ground or on ground;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.16 - Standards for Water Recreational Attractions

Current through Register Vol. 51, No. 14, July 12, 2024
An owner shall ensure that:
A. A water recreational attraction:
(1) Is designed to eliminate or minimize
				  safety hazards such as entrapment, slipping, abrasions, cuts, falls, trip
				  hazards, impact injury, and drowning;
(2) Is in compliance with applicable State
				  and local codes and this chapter; and
(3) Has a communication system for use by
				  supervisors, watchers, and lifeguards;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.17 - Standards for Public Wading Pools

Current through Register Vol. 51, No. 14, July 12, 2024
An owner shall ensure that a public wading pool is in
					 compliance with:
A. This
				  chapter;
B. Applicable State and
				  local codes;
C. The American
				  National Standard for Public Swimming Pools; and
D. Article 10.6 of the American National
				  Standard for Public Spas.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.18 - Standards for Public Therapy Pools

Current through Register Vol. 51, No. 14, July 12, 2024
An owner shall ensure that a public therapy pool:
A. Is in compliance with:
(1) This chapter;
(2) Applicable State and local codes;
				  and
(3) The American National
				  Standard for Public Swimming Pools;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.19 - User Load

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary
				  shall determine the user load, as defined in Regulation .05B(32) of this
				  chapter, based on the following criteria:
(1)
				  For a pool and its deck, one individual is allowed for:
(a) Every 12 square feet of water surface in
				  shallow areas,
(b) Every 15 square
				  feet of water surface in areas exceeding 5 feet of water depth, excluding a
				  diving area, and
(c) The 300
				  square-foot diving area required for each diving board or diving
				  platform;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.20 - Public Pool or Spa Site

Current through Register Vol. 51, No. 14, July 12, 2024
An owner shall ensure that a public pool or spa
					 site:
A. Drains away from the pool or
				  spa area;
B. Has water and waste
				  water facilities that conform to the requirements of:
(1) COMAR 09.20.01,
(2) COMAR 26.04.01-----26.04.04,
				  and
(3) Local plumbing code
				  requirements;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.22 - Decks

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner shall
				  ensure that:
(1) A deck at a recreational or
				  semipublic pool:
(a) Completely surrounds the
				  pool;
(b) Is continuous with a
				  minimum unobstructed width of 4 feet and an average width of 6 feet,
				  and
(c) Is in conformance with the
				  American National Standard for Public Swimming Pools;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.23 - Equipment Rooms

Current through Register Vol. 51, No. 14, July 12, 2024
An owner shall ensure that a recreational pool, semipublic
					 pool, or public spa has an equipment room that:
A. Houses the pool or spa circulation,
				  filtration, and disinfection equipment; and
B. Has:
(1)
				  Weathertight construction to prevent the entrance of precipitation;
(2) Adequate floor area for safe access to
				  all equipment;
(3) A minimum
				  ceiling height of 7 feet 6 inches;
(4) A waterproof floor that drains to a floor
				  drain;
(5) A lockable entrance door
				  that allows complete and unencumbered access to the equipment room;
(6) A minimum of 20 footcandles of artificial
				  illumination;
(7) Ventilation sized
				  at 2 cubic feet per minute per square foot of floor area that is:
(a) Mechanical exhaust ventilation if
				  chemicals are used or stored in the equipment room, or
(b) Natural or mechanical exhaust ventilation
				  if chemicals are not used or stored in the equipment room;
(8) Adequate make-up air to replace the air
				  exhausted by the ventilation system;
(9) A hose bibb with an atmospheric vacuum
				  breaker; and
(10) A water-resistant
				  data sheet that is posted in a conspicuous place for each pool or spa and that
				  includes the following information:
(a) Volume
				  of water,
(b) Minimum turnover
				  rate,
(c) Maximum filter
				  capacity,
(d) Water surface
				  area,
(e) Length of water
				  perimeter,
(f) Maximum bather load,
				  and
(g) Operating instructions for
				  valves and equipment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.24 - Pipe Material

Current through Register Vol. 51, No. 14, July 12, 2024
An owner shall ensure that pipe material for a public pool
					 or spa conforms to COMAR 09.20.01.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.25 - Circulation Systems

Current through Register Vol. 51, No. 14, July 12, 2024
A. Gauges and
				  Release Valves. An owner shall ensure that the circulation system for a
				  recreational pool, semipublic pool, or public spa includes the following:
(1) A pressure gauge on the filter or on the
				  influent side of the filter piping;
(2) A pressure gauge on the effluent side of
				  the filter piping;
(3) A vacuum or
				  compound gauge on the influent side of a pump;
(4) A flow meter that:
(a) Indicates the rate of flow through the
				  circulation system;
(b) Has a
				  permanent scale readable in gallons per minute;
(c) Is accurate to within 10 percent of the
				  actual flow; and
(d) Reads in the
				  range encompassing the minimum and maximum flow rate;
(5) A thermometer on the return line to a
				  pool or spa if the circulation system includes a heating system; and
(6) A manually operated air release valve on
				  a pressure filter or a separation tank, or both.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.26 - Circulation System Components

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Except as provided in §B of this regulation, an owner of a recreational
				  pool, semipublic pool, or public spa shall ensure that circulation system
				  components, including skimmers, pumps, filters, multiport valves, adjustable
				  output rate chemical feeders, flow-through chemical feeders, chemical process
				  equipment, chlorine generators, ion generators, and other pool and spa
				  equipment comply with Circulation System Components and Related Materials for
				  Pools, Spas/Hot Tubs.
B. The
				  Secretary shall accept swimming pool, spa, or hot tub circulation system
				  components as meeting the requirements set forth in §A of this regulation
				  if these items are in the current published NSF listing of swimming pool, spa,
				  or hot tub circulation system components or a listing from organizations
				  accredited by the American National Standards Institute (ANSI) for the
				  certification of circulation system components.
C. Chemical Feeder and Process Equipment. An
				  owner of a recreational pool, semipublic pool, or public spa shall ensure that
				  the capacity of chemical feeder and process equipment is adequate to:
(1) Provide the minimum required disinfectant
				  residual to the pool or spa water, as required in Regulation .44A of this
				  chapter; and
(2) Establish
				  breakpoint when the combined chlorine level is over 0.2 ppm.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.27 - Diving Area and Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
An owner of a public pool shall ensure that:
A. A pool used for accredited competitive
				  aquatic events as defined in § 3 of the American National Standard for
				  Public Swimming Pools is in compliance with § 6.4.1 of American National
				  Standard for Public Swimming Pools;
B. The dimensions of a pool diving area are
				  in conformance with the following minimum dimensions and explanatory diagram:
(1) Minimum dimensions:
Diving Board Height (H) Above Water
Dimension
Deck Level Board (20" or less)
One Meter Diving Board (More than
20" but not more than 39")
Three Meter Diving
Board (More
							 than 3'3",
but not more than 10'0")
Minimum
Preferred
Maximum
Minimum
Preferred
Maximum
Minimum
Preferred
D0
6'0"
-
-
6'0"
-
-
6'0"
-
D1
9'0"
10'0"
-
10'0"
12'0"
-
12'6"
13'0"
D2
2'9"
3'0"
3'6"
3'0"
3'0"
-
3'0"
3'0"
Oh
2'6"
3'0"
3'0"
4'101/2"
6'0"
-
4'101/2"
6'0"
L1
15'0"
16'0"
-
18'0"
20'0"
-
20'0"
20'0"
L2
12'0"
15'0"
-
15'0"
21'0"
-
22'6"
24'0"
L3
15'0"
24'0"
-
15'0"
24'0"
-
24'0"
24'0"
S1
-
1:2
1:10
-
1:12
1:12
1:12
1:12
S2
-
-
1:3
-
-
1:3
1:3
1:3
B1
6'0"
6'0"
9'0"
9'0"
16'0"
-
-
16'0"
D0 = Water depth at cove
					 radius;
D1 = Water depth below board plummet
					 line maintained for entire length of L1 allowing for
					 slope to the drain;
D2 = Water depth at shallow end of
					 pool;
Oh = Length of board overhang above
					 pool;
L1 = Length from below board plummet
					 line to start of transition slope;
L2 = Length of transition
					 zone;
L3 = Length of shallow end of
					 pool;
S1 = Shallow end slope ratio;
S2 = Transition slope ratio;
					 and
B1 = Board length.
(2) Explanatory diagram
Click here
					 to view Image
(3) The transitional radius from wall to
				  floor are in conformance with Article IV of the American National Standard for
				  Public Swimming Pools.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.28 - Suction Entrapment Prevention

Current through Register Vol. 51, No. 14, July 12, 2024
A. A vacuum fitting is capped when not in
				  use;
B. A vacuum line valve is in
				  the closed position when not in use;
C. Except as provided in §§F and G
				  of this regulation, the main drain for a public pool or spa complies with
				  15 U.S.C. §
											8003 and is:
(1) Connected to a minimum of two main drain
				  outlets that are:
(a) Not isolated by a valve
				  or other means;
(b) Spaced at least
				  3 feet from edge to edge; and
(c)
				  Hydraulically balanced; or
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.28-1 - Drain System Figures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Dual
				  Drain System.
Click
					 here to view Image
B. Channel Drain System.
Click
					 here to view Image
C. Main Drain and Skimmer Line System.
Click
					 here to view Image
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.29 - Chemical Storage Area

Current through Register Vol. 51, No. 14, July 12, 2024
An owner shall ensure that a recreational pool, semipublic
					 pool, or public spa has a chemical storage area that:
A. Is protected against the weather, excess
				  heat, and moisture; and
B. Has:
(1) A lockable door which can be opened from
				  the inside,
(2) Ventilation that is
				  sized at 2 cfm per square foot of floor area and that exhausts to the open
				  air,
(3) A minimum of 20
				  footcandles of illumination, and
(4) Storage for chemicals in accordance with
				  the material safety data sheet for a particular chemical.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.30 - Hydrostatic Relief Valves

Current through Register Vol. 51, No. 14, July 12, 2024
An owner shall ensure that an in-ground recreational pool,
					 semipublic pool, or public spa has hydrostatic relief valves as needed to
					 relieve the hydrostatic pressure from ground water when the pool or spa is
					 empty.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.31 - Filter Backwash Water and Deck Drainage Disposal

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner shall ensure that:
(1) The disposal of filter backwash water and
				  pool or spa wastewater conforms with:
(a)
				  COMAR 09.20.01,
(b) Local sanitary
				  code requirements, and
(c)
				  Discharge requirements of COMAR 26.08.01 ----- 26.08.04; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.32 - Illumination of Water, Deck, and Walkway

Current through Register Vol. 51, No. 14, July 12, 2024
An owner shall ensure that an indoor recreational pool,
					 semipublic pool, or public spa, or one used during nighttime, is provided
					 with:
A. Even illumination of the
				  water, deck, and walkways;
B.
				  Illumination of the water and deck that is:
(1) A combination of underwater lighting and
				  deck lighting so that the:
(a) Underwater
				  lighting yields at least 0.5 watt per square foot of water surface area,
				  and
(b) Deck lighting yields at
				  least 0.6 watt per square foot of required deck area or at least 15
				  footcandles; or
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.33 - Ventilation of an Indoor Recreational Pool, Semipublic Pool, or Public Spa

Current through Register Vol. 51, No. 14, July 12, 2024
An owner shall ensure that an indoor recreational pool,
					 semipublic pool, or public spa has:
A.
				  A ventilating system capable of:
(1)
				  Exhausting 1 1/2 cfm of air per square foot of enclosed area, or
(2) Dehumidifying the recirculated air from
				  the enclosed area; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.34 - Plumbing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Water Supply
				  System. An owner shall ensure that a water supply system at a public pool or
				  spa is in conformance with:
(1) COMAR
				  26.04.01, 26.04.03, and 26.04.04;
(2) COMAR 09.20.01; and
(3) Local plumbing code
				  requirements.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.35 - Toilet, Hand Sink, and Shower Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this
				  regulation, an owner shall ensure that a recreational pool, semipublic pool, or
				  public spa has:
(1) A bathhouse, toilets,
				  hand sinks, and showers within 100 feet of an entrance gate to the pool or spa
				  in accordance with the American National Standard for Public Swimming Pools,
				  Articles 19.1-19.6.13;
(2) At least
				  a minimum number of toilets, hand sinks, and showers based on:
(a) The maximum user load of the pool or spa
				  set forth in Regulation .19 of this chapter;
(b) Fixture ratios set forth in §A(1) of
				  this regulation; and
(c) State and
				  local building codes;
(3) 50 percent of the required fixtures
				  designated for use by each sex, unless the pool or spa is for one sex only;
				  and
(4) At least 50 percent of the
				  required showers located within a bathhouse.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.36 - Antiscald Protection for Showers

Current through Register Vol. 51, No. 14, July 12, 2024
An owner of a recreational pool, semipublic pool, or public
					 spa shall ensure that each shower has an approved pressure-balanced, antiscald
					 device that limits the delivered water temperature to below
					 115°F.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.37 - Accommodations for Disabled Individuals

Current through Register Vol. 51, No. 14, July 12, 2024
An owner shall ensure that a public pool or spa is in
					 compliance with all applicable federal, State, and local codes governing
					 facilities for disabled individuals, including COMAR
					 05.02.02.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.38 - Equipment Installation and Operating Instructions

Current through Register Vol. 51, No. 14, July 12, 2024
An owner of a public pool or spa shall ensure that:
A. Pool and spa equipment is installed
				  according to manufacturers' instructions and this chapter;
B. Valves, controls, gauges, filters, pumps,
				  feeders, and other operating equipment are easily accessible;
C. Valves, controls, and piping are
				  permanently numbered, labeled, or color-coded to identify their purpose or
				  function; and
D. Operating
				  instructions for the circulation and water treatment systems:
(1) Refer to the number, label, or color code
				  of the valves, controls, and piping, and
(2) Are posted in the equipment room in a
				  water-resistant cover.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.39 - Maintenance

Current through Register Vol. 51, No. 14, July 12, 2024
An owner of a public pool or spa shall ensure that:
A. An inspection of the pool or spa and
				  related facilities is made at least once a week by the operator for the purpose
				  of maintaining the pool or spa in compliance with this chapter;
B. The pool or spa and its related facilities
				  are maintained in a safe, clean, and orderly condition;
C. A broken, damaged, or malfunctioning
				  fixture is promptly repaired or replaced; and
D. The pool or spa is left in a safe
				  condition when closed for the season.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.40 - Public Pool and Spa Safety

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  First Aid and Lifesaving Equipment. An owner shall ensure that:
(1) A recreational pool is provided with:
(a) A first aid kit as recommended by the
				  American Red Cross;
(b) A face mask
				  for CPR;
(c) Disposable medical
				  grade examination gloves;
(d) A
				  bloodborne pathogen control kit;
(e) A backboard designed for medical
				  emergency use that is equipped with straps and head immobilizer;
(f) A light, strong rescue pole not less than
				  10 feet long; and
(g) A rescue tube
				  designed for lifesaving for each required lifeguard;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.41 - Pool and Spa Operator Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not act as or perform the
				  duties of a public pool or spa operator without a pool and spa operator
				  certification card issued by the Secretary as required in §§B and G
				  of this regulation.
B. The
				  Secretary shall issue a 3-year public pool and spa operator certification card
				  only to an individual 16 years old or older who has:
(1) Completed a 14-hour approved public pool
				  and spa operator's course or a course offered by the Secretary with a minimum
				  grade of 70 percent on an approved written examination given following the
				  completion of that course; or
(2)
				  Presented proof of previous certification and has:
(a) Completed an approved 4-hour refresher
				  course; or
(b) Passed a challenge
				  exam offered by the Secretary.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.42 - Approval of Operator's Course

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary shall approve a pool and a spa operator's
					 course based on the following criteria:
A. An approved course shall cover general
				  aspects of public pool and spa operation including:
(1) Applicable regulations,
(2) Disease prevention,
(3) Disinfection,
(4) Filtration,
(5) Circulation system components,
(6) General pool and spa equipment,
(7) Operation and maintenance of
				  equipment,
(8) Water
				  chemistry,
(9) Water
				  testing,
(10) Record
				  keeping,
(11) General pool and spa
				  chemicals,
(12) Chemical
				  handling,
(13) Waste water
				  disposal,
(14) Safety,
(15) Sanitation, and
(16) Other pertinent topics as specified by
				  the Secretary; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.43 - Pool and Spa Operation

Current through Register Vol. 51, No. 14, July 12, 2024
An owner shall ensure that a certified pool and spa
					 operator:
A. Is on site at all times
				  when a recreational pool is open;
B. Is available at a semipublic pool, public
				  spa, and at a limited public-use pool for performance of all requirements of
				  this chapter and is able to respond to operational problems within:
(1) 30 minutes when not available on-site;
				  or
(2) If a contractual certified
				  pool and spa operator, 2 hours when not available on-site;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.44 - Disinfection of a Pool and Spa

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  An owner or operator of a public pool or spa shall ensure that a disinfectant
				  or combination of disinfectants is added to the water automatically through an
				  approved chemical feeder to maintain continuously a residual level as specified
				  below:
(1) Free chlorine shall be between:
(a) 1.5 ppm and 10.0 ppm in pools for
				  swimming and diving and water recreational attractions;
(b) 3.0 ppm and 10.0 ppm in pools for wading
				  or therapy; and
(c) 4.0 ppm and
				  10.0 ppm in spas;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.45 - Water Chemistry of a Pool and Spa

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner or operator shall ensure that the
				  water chemistry of a public pool or spa is maintained according to the
				  following requirements:
(1) The pH of the
				  water is maintained between 7.2 and 7.8;
(2) The total alkalinity of the water is
				  maintained between 60 ppm and 180 ppm;
(3) The calcium hardness of the water is
				  maintained between 150 and 400 ppm;
(4) The Langelier Saturation Index of the
				  water is maintained between -0.5 and +0.5 as calculated by:
(a) The Langelier Saturation Index formula:
				  Langelier Saturation Index = pH + TF + CF + AF - 12.1 where: TF = temperature
				  factor, CF = calcium hardness factor, and AF = alkalinity factor, and
(b) The following factor table:
Temperature(°F)
TemperatureFactor
CalciumHardness(ppm)
CalciumFactor
TotalAlkalinity(ppm)
AlkalinityFactor
32
0.0
5
0.3
5
0.7
37
0.1
25
1.0
25
1.4
46
0.2
50
1.3
50
1.7
53
0.3
75
1.5
75
1.9
60
0.4
100
1.6
100
2.0
66
0.5
150
1.8
150
2.2
76
0.6
200
1.9
200
2.3
84
0.7
300
2.1
300
2.5
94
0.8
400
2.2
400
2.6
105
0.9
800
2.5
800
2.9
128
1.0
1000
2.6
1000
3.0
(5) The amount of total dissolved solids is
				  maintained so that it does not exceed 1,500 ppm, except for a salt water pool
				  where the total dissolved solids may not exceed 3,000 ppm;
(6) The amount of dissolved metals is
				  maintained so that it does not exceed the following levels:
(a) Iron, 0.3 ppm,
(b) Manganese, 0.3 ppm, and
(c) Copper, 1.3 ppm; and
(7) The water clarity is maintained so that
				  either a 6 inch seechi disc placed in the deepest part of a pool or spa or the
				  main drain is clearly visible and sharply defined when observed from the side
				  of the pool or spa.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.46 - Operating Records Required

Current through Register Vol. 51, No. 14, July 12, 2024
An operator shall maintain operating records on a form
					 provided by the Secretary or an equivalent form and shall:
A. Except as provided in §B of this
				  regulation, record the information required in §C(1)-(3) of this
				  regulation in 2-hour intervals for a recreational pool and for a public spa,
				  and three times per day for a limited public-use and semipublic pool and record
				  the information required in §C(4)-(9) of this regulation a minimum of
				  three times per day for a public pool and spa, beginning 1/2 hour before
				  opening;
B. For a public pool or
				  spa where an approved automatic controller is used, record the information
				  required in §C of this regulation:
(1) A
				  minimum of three times per day in conformance with the following schedule:
(a) The first recording of the day shall be
				  made 1/2 hour before the pool or spa opens,
(b) The second recording shall be completed
				  between 12 p.m. and 2 p.m., and
(c)
				  The final recording shall be completed 2 hours before closing; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.47 - Test Kits

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to
				  comply with the requirements of Regulation .46 of this chapter, an owner shall
				  ensure that:
(1) One or more of the following
				  for measuring the disinfectant level is used:
(a) A chlorine or bromine test kit that is
				  the DPD (diethyl-p-phenylene diamine) reagent system for measuring free and
				  combined chlorine or total bromine with an indicator range from 0.0 to 10.0 ppm
				  or with procedures for performing a dilution test to achieve readings up to
				  10.0 ppm.
(b) An ozone test kit
				  that is the indigo trisulfonate method for measuring ozone with an indicator
				  range from 0.0 to 1.0 ppm,
(c) A
				  copper test kit that is accurate to within +/- 0.1 ppm for measuring
				  copper,
(d) A PHMB test kit with an
				  indicator range from 0.0 ppm to 75 ppm, or
(e) A hydrogen peroxide test kit that is the
				  DPD reagent system with an indicator range from 0.0 to 40 ppm;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.48 - Sanitary Quality of Water

Current through Register Vol. 51, No. 14, July 12, 2024
Although routine testing is not required, an owner shall
					 ensure that the water in a public pool or spa:
A. Has a coliform bacteria level of less than
				  1 coliform per milliliter; and
B.
				  Is free of pathogenic organisms.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.49 - Chemical Handling and Storage

Current through Register Vol. 51, No. 14, July 12, 2024
An owner shall ensure that a:
A. Material safety data sheet for a
				  potentially hazardous chemical is available to the operator;
B. Chemical is handled, used, stored, and
				  disposed of in accordance with the material safety data sheet and all
				  applicable federal, State, and local codes; and
C. Chemical is stored in a chemical storage
				  area which is in compliance with Regulation .29 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.50 - Control of Infectious and Contagious Diseases

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner may not knowingly permit an
				  individual to enter the water of a public pool or spa who has:
(1) An infectious or contagious disease that
				  may be transmitted through water;
(2) An open cut, blister, or other lesion;
				  or
(3) Diarrhea.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.51 - Injury and Illness Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A public pool or spa owner shall ensure that:
A. An injury, drowning, near drowning, or
				  suction entrapment occurring at a pool or spa that results in death or that
				  requires resuscitation or admission to a hospital is reported to the Secretary
				  within 24 hours of the incident;
B.
				  A waterborne illness contracted at a pool or spa is reported to the Secretary
				  within 24 hours of the owner's or operator's knowledge of the
				  incident;
C. A water rescue by
				  aquatic safety personnel is reported to the Secretary every 3 months during
				  operation or at the seasonal closure of the facility, whichever is more
				  frequent; and
D. The information
				  required in A-----C of this regulation is recorded on a pool and spa injury and
				  illness report form provided by the Secretary.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.52 - Disinfection of Swimsuits and Towels

Current through Register Vol. 51, No. 14, July 12, 2024
An owner shall ensure that a swimsuit or towel furnished to
					 an individual by the owner or operator of a public pool or spa is:
A. Washed in a washing machine with laundry
				  detergent in hot water with a temperature of at least 175(F; and
B. Rinsed in an effective disinfectant or
				  heat dried at 175(F or more for at least 30 minutes after being
				  washed.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.53 - Variances

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner who has
				  been granted a variance by the Secretary before February 10, 1997 may continue
				  to operate under that variance.
B.
				  An owner may request a variance from a requirement of this chapter by
				  submitting a written application that:
(1)
				  Contains specific details of the alternative procedure proposed by the
				  owner;
(2) Specifies the applicable
				  regulation to which the variance pertains;
(3) Explains the reason for the
				  request;
(4) Provides the name and
				  address of the owner;
(5) Provides
				  the name and location of the facility; and
(6) Demonstrates that the alternative
				  procedure proposed:
(a) Meets or produces the
				  intended effect of the regulation for which the variance is requested,
				  and
(b) Maintains the protection of
				  the health and safety of the individuals using the facility at or above the
				  level required by the regulation for which the variance is requested.