(1) Existing licensed public swimming pools, spas, or other water features that were in use or under construction prior to March 1, 2010 and which do not fully comply with the upgraded requirements for the physical plants set out in ARM Title 37, chapter 115, subchapters 5 through 10, but met the rules in effect at the time of construction, may continue to be operated as long as the facility meets the requirements of the grandfather clause in ARM 37.115.1905 and the operating requirements in this chapter, poses no significant health or safety risks, and is operated and maintained as designed, except that:

(a) Existing pools with slopes that exceed 1:3 in a deep end or diving well must be renovated to no greater than a 1:3 slope by January 1, 2011. Pools that do not meet this requirement will not be licensed after December 31, 2010.

(b) Existing public swimming pools, spas, and other water features, must comply with the barrier requirements set out in ARM 37.115.601, 37.115.602, and 37.115.603 by December 31, 2010, or later date set in these rules. Facilities that do not meet this requirement will not be licensed after December 31, 2011.

(c) Existing wading pools that are permanent structures and that use the daily fill and drain method of operation in conjunction with hand or manual chlorination shall not be licensed and may not operate after December 31, 2010. No wading pool may be operated unless the wading pool complies with the requirements of the Virginia Graeme Baker Pool and Spa Safety Act, 15 USC 8001-8005 (2007) (VGBPSSA).

(d) Diving boards may not be used in any pool designed before or after March 1, 2010 until the pool and diving board meets the requirements of ANSI-I-1991 or ARM 37.115.801 through 37.115.807.

(e) License holders of indoor pools, spas, or other water features that currently use isocyanurates or forms of chlorine stabilized with cyanuric acid as a disinfectant must convert to a different disinfectant system no later than March 1, 2011.

(f) Under the provisions of the VGBPSSA, existing pools and spas are required to now be in compliance with the applicable standards set out in 15 USC 8001-8005. Pools, spas, or other water features that have drains that are not in compliance with these requirements may not operate until they are brought into compliance. Licensees must submit certification to the department on or before March 1, 2011 that the drains are in compliance with the Virginia Graeme Baker Pool and Spa Safety Act. If that certificate is not provided to the department by that date, the pool, spa, or other water feature may not operate until the certificate is provided even if the drain complies with federal law.

(2) All swimming pools, spas, and other water features must meet the operating requirements set in these rules with the following exception:

(a) current licensees of any swimming pools, spas, or other water features, do not need to meet the requirement of having an operator who meets the qualifications set in ARM 37.115.1101 until December 31, 2011.