Hancock officials say county & state gave differing directions
by Geoff Fox
Hancock’s new splash pad opened Friday, August 16 after years of anticipation, but closed again on the morning of Wednesday, August 21. A public statement said the closure was for maintenance work.
Some tweaks have been made to the splash pad since its opening. At the same time, Hancock was asked by state health officials to close down the public facility, as the Maryland Department of Health said the town had not secured the needed permits to operate the splash pad yet.
Town officials have been in conversation with health department staff to get those permits, but says they got conflicting directions about what was needed to build and operate Hancock’s first splash pad.
photo by Geoff Fox
In an email from the Maryland Department of Health (MDH), Director of Communications Chase Cook last week confirmed the Town of Hancock had not secured needed permits.
“The town of Hancock has not applied for or received the required license from MDH or the operating permit from Washington County Health Department for their splash pad,” Cook said.
Cook said the MDH issued an abatement order on August 21 — essentially a close order — for the splash pad and it had not been rescinded after an inspection found safety issues.
When asked what those safety issues were, Cook said he wasn’t able to say and had to check with the state’s legal team before he could.
“The Department is actively talking with city officials to remedy those concerns,” he said.
Town Manager Mike Faith on Friday confirmed he has been in talks with state officials, trying to follow regulations he had asked for last year before the splash pad construction began.
What he got, last February and March, were differing instructions.
“They kind of gave me the run around,” Faith said.
Faith was told to contact someone who said he needed to get a building permit through the county. The county had told Faith he didn’t need a building permit for the splash pad.
The only permit Faith said he was told he needed was an electrical permit, which he did obtain.
When he asked about obtaining an operating permit, Faith said the county never responded to his inquiry.
When doing research online, Faith said all he could find was regulations regarding swimming pool. He couldn’t find anything on splash pads.
So, Faith turned to a county inspector – Hancock Councilman David Kerns – and the director of the county permits. They told Faith he had all the permits he needed, and the electrical permit was all he needed.
At this time, Faith said he had no information from the Maryland Health Department and Washington County telling him he’s good.
Cook said the Maryland Department of Health did need more information and details from the Town of Hancock.
The state needs a construction permit, while the Washington County Health Department would provide an operation permit following the submission of the appropriate plans.
Cook said the Maryland Department of Health continues to regulate splash pads in municipalities and counties that have not yet enacted their own regulations about those water recreation facilities.
The permits are required to be renewed annually.
In a phone interview Friday, Mike Faith confirmed the town had received an abatement order from state officials. The town is working with the state to address that order.
Faith said the town didn’t hide the opening of the splash pad or evade the permit process.
“We open and it was the worst kept secret in Washington County,” Faith said, noting that a county commissioner was there when the splash pad was christened and welcomed the public.
Faith said there were funds from the state given to the town for the splash pad. That money came from the Maryland DNR.
“It’s almost like the left hand doesn’t know what the right hand is doing,” Faith said of the different agencies involved in the project.
Faith said shortly after opening the splash pad, he received an email from the health department
“I think I did my due diligence. I think the town did our part,” Faith said.
During this time, Faith said he’s also been dealing with the Health Department in regards to the pigeon problem in a blighted house on High Street.
An email about the splash pad was from the same person involved with the pigeon problem, telling Faith he needed certain permits and who to contact.
Faith called him and sent an email in response.
“This is the same guy that didn’t respond to me back in late March when I asked him what we needed because I was directed to him,” Faith said.
Faith said he then got a phone call from the Health Department in Hagerstown telling him they’ll have to do a few things until the splash pad is opened.
Faith argued the town was happy to get any permitting and inspections that were needed, but there was too much money invested in the splash pad to close it.
“She said, ‘If you don’t close it, we’re going to shut you down’.” Faith said. “I said, ‘You can try’.”
A day or two later, Faith said health officials came to Hancock and told him they needed the building and construction permits as well as giving the Health Department the specs of the pad and coating.
Two employees from the Health Department were there for about 15 to 20 minutes, Faith said, and didn’t point out any safety issues, except that a couple fixtures were the same color as the decking, so they needed some differing colors so people wouldn’t trip.
That was when they handed him the abatement order on August 21. Faith said the order had been written the day before.
“So the health department had already predetermined they were going to close us down before they even looked at the splash pad or had a conversation with me,” Faith said.
Faith then contacted the town’s attorney to determine if the State of Maryland has the authority to issue a construction permit in Washington County when the county is the local authority on building permits.
“If you build a house in Hancock, you wouldn’t call the state for a building permit, you’d call the county,” Faith said. “That’s how it’s set up.”
The town is appealing the abatement order because they don’t think the state has that authority in this case.
Faith said Monday was to be the last day this season, making the abatement a moot point.
“We’ll be closed for the season, then we’ll go through the process; whatever they require,” he said.
Faith has submitted the plans to the state, paid the $300 application fee, and completed the application for what is required. That application has since been sent in.
“My understanding of the process now, that once they approve the plans, then the local heal department office, which is the Washington County Health Department, will come out and do an inspection and they’ll issue a yearly permit to run the pad,” Faith said.
Faith also mentioned MDH having the list of safety issues, however, he has never received the list.
“I’ve asked for it, haven’t seen it,” Faith said. “Because if I got the list, I would’ve addressed everything on that list. I’m just telling you, the splash pad is safe.”
The water, he said is being tested three times a day, the chlorine and pH are being monitored constantly.
“We’re actually doing more than I think will be required once we’re issued a permit,” Faith said.
