Swimming Pool Regulations

Occupancies in Montgomery County

Chapter 51 of the Montgomery County Code includes the regulations applicable to public and private swimming pools located in the county.

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."