John --
Thanks again for your clarification. I am happy to be able to give you
a very specific answer to your very specific question. I apologize
for the delay, but only now have I been able to access the information
again in order to provide you with the text of the relevant excerpts
from the Montgomery County Code.
Chapter 51 of the Montgomery County Code includes the regulations
applicable to public and private swimming pools located in the county.
Here is the text of the two sections of Chapter 51 that specifically
relate to the fencing of private swimming pools:
"Sec. 51-15. Enclosure of swimming pool.
(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."
"Sec. 51-16. Swimming pool fences, gates, and locks.
(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.) "
The following subsections of Chapter 51 constitute the rest of the
Code regulations that apply to private residential swimming pools:
"Sec. 51-1. Definitions.
In this Chapter, the following words have the following meanings:
. . . .
"(b) Automatic pool cover: A mechanical device that completely covers
the swimming pool surface automatically when activated, and meets the
requirements of a power safety cover established by the American
Society for Testing and Materials."
. . . .
"(h) Private swimming pool: Any swimming pool that is:
(1) built on the grounds of a single-family private residence; and
(2) used solely by the owner, immediate family, tenants, and guests."
"Sec. 51-5A. Permits-Private swimming pools.
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. "
"Sec. 51-6. Inspections
. . . .
"(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."
The source for all of the citations above is this site, which provides
links to each of the sections within Chapter 51:
American Legal Publishing: Montgomery County Code: Chapter 51: Swimming Pools
http://www.amlegal.com/mcmd_nxt/gateway.dll?f=templates&fn=default.htm&vid=alp:montgomerycounty_md
Additional Information:
The Code compilation quoted above has been updated to include "all
changes to the Montgomery County Code pursuant to laws effective
through February 16, 2004." A separate page on the American Legal
Publishing site indicates that no changes have been made to Chapter 51
of the Montgomery County since February 16:
American Legal Publishing: Montgomery County Code: Preliminary Information
http://www.amlegal.com/mcmd_nxt/gateway.dll?f=templates&fn=default.htm&vid=alp:montgomerycounty_md
Search Strategy:
After trying several variations on search terms, I found the
compilation of the Montgomery County Code using the following Google
search:
"montgomery county code"
://www.google.com/search?hl=en&lr=&ie=UTF-8&q=%22montgomery+county+code%22&btnG=Search
I am confident that this is exactly the information you are seeking.
I apologize again for the unavoidable delay in getting you the
information. If anything is unclear, please ask for clarification
before rating this answer.
markj-ga
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2 Comments
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