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(a) All physical standards required by this chapter shall apply to all public swimming pools constructed after the effective date of this chapter. The physical standards shall apply to all public swimming pools in existence prior to the effective date and to all private swimming pools proposed for conversion to a public swimming pool where:
(1) Any physical condition exists that would prevent the achievement of prescribed operating standards.
(2) Any physical condition exists which would endanger the health, safety or life of any person within the pool or immediately adjacent thereto.
(3) Alteration, addition or replacement of any equipment or appurtenances is made.
(b) Except as otherwise herein provided, the physical standards of this chapter shall not apply to private swimming pools. Such pools, however, must comply with the appropriate requirements of the respective building, plumbing and electrical codes of Montgomery County.
(c) All of the operational standards and personnel requirements of this chapter shall apply to all public swimming pools, regardless of the date of construction.
(d) All private swimming pools shall comply with the requirements for fencing, the safety standards under section 51-10(a), disposal of waste water and site location of the pool with respect to wells and sewage disposal systems.
(e) Where the requirements of this chapter are more specific or stringent than the requirements of the state department of health and mental hygiene regulations governing public swimming pools and bathing beaches, the requirements of this chapter shall take precedence.
(f) Where this chapter is silent, the provisions of the state department of health and mental hygiene shall govern and apply. (1971 L.M.C., ch. 45, § 1; 1986 L.M.C., ch. 33, § 1.)
Editor's note-This chapter was effective March 10, 1971.
(a) The owner shall be responsible for submitting plans to and obtaining the necessary building permit from the approving authority to construct a public swimming pool and for providing the physical maintenance, supplies and personnel required for such pool.
(b) The owner and appropriate contractor shall be jointly and severally responsible for:
(1) Having an approved plan before any work is commenced on the construction of the swimming pool, any addition, remodeling or other improvement thereto;
(2) Following the requirements of the physical standards of this chapter, the approved plan and specifications and the terms of the building permit;
(3) Having such public swimming pool inspected as required in subsection (b) of section 51-6.
(c) The owner, pool operator and pool management company, where appropriate, shall be jointly and severally responsible for determining that a valid operating permit has been issued for a public swimming pool prior to commencing of operation, for following the operating standards as hereinafter set forth in the chapter and for keeping such records as may be required.
(d) The owner, pool operator and pool management company, where appropriate, shall jointly and severally be responsible for obtaining the necessary operating permits and for responding to emergency closing orders.
(e) The approving authority shall be responsible for reviewing the plans as may be required and issuing of permits, and for inspecting public swimming pools.
(f) Any person using a public swimming pool shall be responsible for following such safety rules as may be promulgated for the operation thereof. The pool operator is authorized to deny the use of the premises to any person violating the established safety rules. (1971 L.M.C., ch. 45, § 1; 1979 L.M.C., ch. 44, § 2.)
No person shall begin construction or substantial alteration of a public swimming pool until plans and specifications therefor have been approved by the approving authority; nor shall any person convert a private swimming pool to a public swimming pool without having the written approval of the approving authority.
(a) Before work is commenced on any construction, addition, remodeling or other improvement thereto, an application for permit to construct, the plans, specifications and pertinent explanatory data required shall be submitted to the approving authority in such manner and containing such information as the approving authority may require from time to time.
(b) The approving authority shall review the plans and specifications for compliance with physical standards of this chapter and shall either approve or disapprove them on that basis within thirty (30) days from the date of receipt of such plans and specifications. In the event that incomplete submissions of plans, specifications or information required to determine such compliance is made, the approving authority shall notify the applicant accordingly and the thirty-day period shall be deemed to commence from the date of receipt of the additional information.
(c) The approving authority shall not issue any building permit for a public swimming pool until the plans and specifications for such pool have been approved.
(d) The approval of plans and specifications by the approving authority may be either in the form of a suitable endorsement upon such plans and specifications or by a separate written document to that effect. In either case, the approval shall expire one hundred eighty (180) days from the date of issuance unless the pool is under construction and concurrently with the expiration of the building permit.
(e) All public swimming pools shall be constructed in accordance with the physical standards of this chapter and the approved plans and specifications. No change shall be made after the approval of plans without the written consent of the approving authority.
(f) No person shall operate or maintain a public swimming pool until a current and valid operating permit shall have been issued by the approving authority. The approving authority may issue such temporary operating permits as it may determine to be proper from time to time.
(g) An application for an annual operating permit, accompanied by the fee as hereinafter set, shall be submitted to the approving authority prior to the initial opening of the pool and upon each renewal thereafter at least thirty (30) days prior to the expiration of the permit.
(h) An operating permit shall be issued by the approving authority upon a satisfactory finding that the swimming pool meets the requirements of this chapter. A permit shall remain in effect until April 30 of the year following issuance unless it has been revoked or suspended. When a valid application for permit renewal has been properly filed and the existing permit has not been suspended, revoked or denied by the approving authority, the existing permit shall continue in effect for not more than one hundred eighty (180) days from the date of expiration pending formal action by the approving authority on the renewal request.
(i) The operating permit may be revoked for repeated or continuing violations of the requirements of this chapter; provided, that the approving authority has given the owner notice in writing of the violations and opportunity for hearing before the approving authority to show cause why the revocation of the permit should not occur. Request for hearing, however, shall not entitle the owner or operator to continue operation of the swimming pool if the approving authority finds any conditions present as set forth in paragraph (j) or that the safety of the users of the pool requires it to be closed.
(j) Operating permits for a public swimming pool may be summarily suspended and the pool ordered closed by the approving authority upon a finding of any of the following conditions:
(1) The pool is being operated without adequate or responsible supervision.
(2) The turbidity of the water in the pool visually obscures the view of the main drain or the bottom of the pool when filled to its usual capacity.
(3) The level of the disinfectant in the pool is less or greater than specified in the manual on public swimming pool operations for adequate disinfections.
(4) The filtered water is not being delivered to the swimming pool for a period exceeding one (1) hour during the use of the pool.
(5) The bath house is not usable.
(6) The automatic disinfectant feeder has been inoperative in excess of twenty-four (24) hours. (1971 L.M.C., ch. 45, § 1; 1972 L.M.C., ch. 16, § 5; 1979 L.M.C., ch. 55, § 3; 1990 L.M.C., ch. 1, § 1.)
Editor's note-Section 1 of 1990 L.M.C., ch. 1, added the term "Public swimming pools" to the title of this section.
An owner must not begin construction or substantial alteration of a private swimming pool without a building permit. The Department of Permitting Services must not issue a building permit for a private swimming pool until the owner has applied for a building permit for the fence or wall required to enclose the pool under Section 51-15. (1990 L.M.C., ch. 1, § 1; FY 1991 L.M.C., ch. 1, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2.)
(a) Public swimming pools.
(1) The approving authority must inspect, from time to time during reasonable hours, any part of a public swimming pool for the purposes of determining compliance with the provisions of this chapter. A person must not obstruct or deny access to a properly authorized representative of the approving authority.
(2) Before any piping and equipment is permanently concealed, a person constructing a public swimming pool must obtain an inspection by the approving authority.
(3) A newly constructed public swimming pool is not eligible for an operating permit until a final inspection has been made by the approving authority.
(b) Private swimming pools.
(1) When the Department of Permitting Services receives a complaint that a private swimming pool is in violation of this Chapter, the Department must inspect, during reasonable hours, the private swimming pool to determine compliance with this Chapter.
(2) An owner who constructs or substantially alters a private swimming pool must obtain all inspections required by the Department of Permitting Services.
(3) Within 5 days after a pool is completed, an owner must request a final inspection of the pool by the Department of Permitting Services if the Department issued the building permit for the pool. The Department must not certify that a private swimming pool passes final inspection unless the owner has complied with this Chapter. A private swimming pool must not be filled until it has passed final inspection. (1971 L.M.C., ch. 45, § 1; 1985 L.M.C., ch. 48, § 1; 1990 L.M.C., ch. 1, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2.)
The following basic principles shall govern location, construction or reconstruction of all public swimming pools. They shall be used to interpret and promulgate regulations and to serve as the basis for the issuance of construction permits under section 51-5.
(a) Location. Public swimming pools shall be located so as to:
(1) Prevent and minimize the possibility of water contamination in the swimming pool from external sources occurring through:
a. Low-lying pool elevations in areas subject to periodic flooding,
b. Location of a pool in the path of uncontrolled surface water movement, or
c. Leakage into the pool from sources of contamination located overhead;
(2) Permit ready access to the pool for emergencies; and
(3) Ensure that utilities are available, or can be installed.
(b) Construction generally. All public swimming pools shall be constructed:
(1) To prevent or reduce the possibility of water contamination occurring through:
a. Entrance of surface water,
b. Back flow or back siphonage, or
c. Transport of foreign matter by bathers or spectators;
(2) To provide water of drinking quality to the pool and at all taps accessible to the bathers;
(3) To provide a continuous replenishment of clear, clean water to the pool of such chemical composition as to control the growth and spread of organisms and to minimize deleterious effects on the bathers and at such rates of delivery as the use of pool requires;
(4) To ensure reasonable expectations of the pool operating properly;
(5) To ensure a reasonable degree of mechanical strength and permanence of materials;
(6) To ensure that repairs and maintenance of the pool and its appurtenances can be made and that the pool can be kept clean;
(7) To prevent exposure of bathers, operating personnel and of outside persons to accidental hazards, and to permit the taking of such corrective measures when necessary should an accident occur;
(8) To provide for the personal hygiene of the bathers; and
(9) To facilitate the protection of bathers and operating personnel in the use of the pool.
(c) Manual for public swimming pool construction. The permittee shall comply with material, method, and location specifications as set out by the manual on public swimming pool construction issued by the county executive.
The approving authority may permit the use of new materials, equipment, designs and methods of a type which do not conform with the requirements of the manual; provided, that they are not prohibited by this chapter or other applicable laws. The approving authority shall require proof of recognized authority that the new materials, equipment, designs and methods are safe, constitute compliance with this section and that their performance and quality are equal to or superior to those of the materials, equipment and designs or methods required in the manual. (1971 L.M.C., ch. 45, § 1; 1979 L.M.C., ch. 55, § 4.)
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