(a) Request. An owner may request a modification from a requirement of this title by submitting a written request to the Health Officer that contains specific details of the alternative procedure proposed; specifies the applicable regulation to which the modification pertains; explains the reason for the request; provides the name and address of the owner; provides the name and location of the facility; and demonstrates that the alternate procedure proposed meets or produces the intended effect of the regulation for which the modification is requested and maintains the protection of the health and safety of the individuals using the facility at or above the level required by the regulation from which the variance is requested.
(b) Decision. Decisions on modification requests submitted under this section shall be made in writing and rendered by the Health Officer within 30 days after receipt of the written request. The decision shall specify the section of this title to which the variance applies, state the reasons for the decision, and require the owner to indemnify the County against liability arising from the modification.
(c) Exemption. The owner of a pool that was approved by the Health Officer for construction before the adoption of this title may submit a written request to the Health Officer which exempts the previously approved pool or spa from complying with this title and State regulation as set forth under COMAR, 10.17.01, except when the previously approved pool or spa has a condition that jeopardizes the health or safety of the public or an owner intends to alter the previously approved pool or spa, including appurtenant structures and equipment.
(d) Maintenance and repairs of pools and spas approved before adoption of this title without compliance with this subtitle. The owner of a pool or spa that was approved by the Health Officer for construction before the adoption of this title shall maintain the pool or spa, including appurtenant structures and equipment, as originally approved and may complete a repair that restores the pool or spa to its original condition before damage or deterioration without complying with the requirements of this title when the repair:
(1) costs less than 25% of the replacement value of the pool or spa, including appurtenant structures and equipment;
(2) consists of the same or equivalent materials and components having the same specifications, operating characteristics, and certifications as the original construction; and
(3) does not create a danger or allow a danger to continue that threatens the health and safety of an individual using the pool or spa.
(e) Repairs of pools and spas approved before adoption of this title in compliance with this title. The owner of a pool or spa that was approved by the Health Officer for construction before the adoption of this title shall ensure that a repair complies with all applicable provisions of this title when completing a repair that:
(1) costs more than 25% of the replacement value of the pool or spa, including appurtenant structures and equipment; or
(2) alters the materials or components of the original construction.
(1985 Code, Art. 16, § 16-501) (Bill No. 89-97)