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(a) The county executive is authorized and designated to prescribe and issue written regulations, adopted under method (2) of section 2A-15 of this Code, for the implementation and operation of public swimming pools and public swimming pool construction as may be necessary from time to time to implement the provisions of this chapter.
(b) Each person selling, constructing or installing a swimming pool in Montgomery County shall provide the purchaser or owner with a current copy of this chapter. (1971 L.M.C., ch. 45, § 1; 1984 L.M.C., ch. 24, § 49.)
A decision of the approving authority revoking or suspending a permit, license or registration may be appealed to the county board of appeals within ten (10) days from the receipt of the decision. (1971 L.M.C., ch. 45, § 1; 1979 L.M.C., ch. 55, § 9.)
A private spa must be:
(a) equipped with a safety cover that:
(1) meets the requirements established by the American Society for Testing and Materials; or
(2) is found by the County Executive to meet an equivalent standard; and
(b) covered with the safety cover whenever the spa is not attended. (CY 1991 L.M.C., ch. 39, § 1.)
Editor's note-Former § 51-14 has been renumbered § 51-17. Section 1 of CY 1991 L.M.C., ch. 39, added a new § 51-14.
(a) During construction. A swimming pool over 18 inches deep, or the property on which the pool is constructed, must be enclosed by a temporary or permanent fence or wall while the swimming pool is under construction. The fence or wall must be at least 42 inches high and must be of a type which will warn of potential danger.
(b) Permanent enclosure.
(1) Private Swimming Pool. An outdoor swimming pool over 18 inches deep must be:
(A) completely enclosed by an approved fence or wall; or
(B) the property on which the pool is constructed must be completely enclosed by an approved fence or wall; and
(i) each door leading from the house to the pool must be equipped with an audible alarm; or
(ii) the pool must be equipped with an automatic pool cover.
(2) Public Swimming Pool. A public pool must be enclosed as required by the manual of public swimming pool construction. (1971 L.M.C., ch. 45, § 1; 1990 L.M.C., ch. 1, § 1; FY 1991 L.M.C., ch. 1, § 1.)
Editor's note-In Osterman v. Peters, 260 Md. 313, 272 A.2d 21 (1971) it was held that failure to fence a swimming pool as required by § 105-2 of the 1965 Code (now repealed) was not negligence per se.
Section 3 of FY 1991 L.M.C., ch. 1, reads as follows:
"Sections 51-15(b)(1) and 51-16 apply only to a pool for which the building permit application is submitted after the effective date of this law [July 13, 1990]. Any other private swimming pool must be:
(a) enclosed by an approved 42 inch fence or wall, and any latch or lock must be no less than 3 feet from the ground; or
(b) the pool must be equipped with an automatic pool cover in lieu of a fence, and the automatic pool cover must be closed whenever the pool is not attended."
(a) Fence requirements. The fence or wall enclosing a private swimming pool must be:
(1) at least 5 feet high;
(2) securely anchored in the ground;
(3) not easy to climb or penetrate; and
(4) maintained in good condition.
(b) Gates and locks. Any gate or door in a fence or wall enclosing a private swimming pool must have a self-closing and self-latching lock or latch on the pool side of the gate or door at a height of not less than 4 feet from the ground. Any gate or door must be closed and latched when the pool is not attended. (1971 L.M.C., ch. 45, § 1; FY 1991 L.M.C., ch. 1, § 1.)
Note-See the editor's note to § 51-15.
(a) Every public swimming pool must have available at all times when the pool is open at least one automated external defibrillator in good working order and at least one staff member who is trained in its use.
(b) (1) This Section is not intended to impose any civil liability, or relieve any person from civil liability, regarding the presence or use of, or failure to use, any automated external defibrillator, except as expressly provided in paragraph (2).
(2) An owner or employee of a public swimming pool is not liable in connection with the use or nonuse of an automated external defibrillator, unless:
(A) the pool does not have an automated external defibrillator available as this Section requires; or
(B) an employee has acted with gross negligence or engaged in willful or wanton misconduct.
(c) Any violation of this Section is a class C civil violation. The County Attorney or any affected person may file an action in a court with jurisdiction to enjoin repeated violations of this Section.
(d) The Department of Health and Human Services must inspect each pool to assure that the pool has an automated external defibrillator on site and that defibrillator is registered with the Maryland Institute for Emergency Medical Services Systems. The Department of Health and Human Services must investigate each complaint alleging a violation of this Section and take appropriate action, including issuing a citation when compliance cannot be obtained otherwise. (2012 L.M.C., ch. 23, § 1; 2013 L.M.C., ch. 4, § 1; 2016 L.M.C., ch. 7, § 1.)
Editor's note—Section 2 of 2012 L.M.C., ch. 23, states: “This law may be cited as ‘Connor’s Law.’”
Any person violating any provision of this chapter shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Any such swimming pool installed, operated or maintained in violation of the provisions of this chapter shall constitute a nuisance; and the approving authority may, in addition to the penalties hereinbefore set forth, maintain any proper action for the abatement of such nuisance. Each day a violation of the provisions of this chapter continues to exist shall constitute a separate offense. (1971 L.M.C., ch. 45, § 1; 1983 L.M.C., ch. 22, § 55; 1985 L.M.C., ch. 48, § 2.)