(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313, 272 A.2d 21 (1971) it was held that failure to fence a swimming pool as required by § 105-2 of the 1965 Code (now repealed) was not negligence per se.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."