Every outdoor swimming pool must be completely surrounded by a fence or wall that: is at least 42 inches high; and except for doors or gates:has no openings, holes, or gaps larger than 4 inches in any dimension; or for a picket fence, has a horizontal distance between pickets of no more than 4 inches. City Code, 1976/83, art. 19, §184(a) Ord. 99-548

Except as specified in subsection (b) of this section, every gate or door opening through the enclosure must be equipped with a self-closing, self-latching device that keeps the gate or door securely closed at all times when not in actual use. This section does not apply to the door of any dwelling house that forms a part of the enclosure. City Code, 1976/83, art. 19, §184(b) Ord. 99-548

Compliance with the requirements of this subtitle is the duty, jointly and severally, of both: the owner of premises; and the person who occupies the land on which the outdoor swimming pool is located. City Code, 1976/83, art. 19, §184(c) Ord. 99-548

In individual cases, the Department of Housing and Community Development may modify one or more of the requirements of this subtitle on a showing of good cause and satisfactory assurances that the degree of protection is not reduced. The Department of Housing and Community Development also may permit the use of protective devices or structures other than those specified in this subtitle, so long as the degree of protection is not reduced. City Code, 1976/83, art. 19, §184(e) Ord. 99-548

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. City Code, 1976/83, art. 19, §184(f) Ord. 99-548

In this subtitle, the following terms have the meanings indicated. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person” also includes, except as used in <cite data-path="|health|§11-318">§ 11-318 {“Penalties”} of this subtitle</cite>, a governmental entity or an instrumentality or unit of a governmental entity. “Public swimming pool” means:any swimming pool, other than as specified in paragraph (3) of this subsection, intended to be used collectively by individuals, regardless of whether a fee is charged for that use; and all buildings and appurtenances used in connection with that swimming pool. “Public swimming pool” includes:any community or apartment-complex swimming pool; any hotel or motel swimming pool; any school swimming pool; any recreational center swimming pool; and any swimming pool owned or operated by a public or private club. “Public swimming pool” does not include any swimming pool that is:located on private property; under the control of the owner or lessee of that property; and used only by the family and guests of that owner or lessee, without payment of any fee. City Code, 1976/83, art. 11, §245 (parts) City Code, 1976/83, art. 19, §184(f) Ord. 99-548 Ord. 22-125

This subtitle applies to all public swimming pools and to the buildings and appurtenances used in connection with them. City Code, 1976/83, art. 11, §244(b) Ord. 99-548

The rules and regulations that the Commissioner adopts under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> may include criteria, standards, and regulations for the design, operation, and maintenance of public swimming pools. With the approval of the Board of Estimates, the Commissioner may establish fees for:the licenses issued under this subtitle; and the inspections and other services performed by the Commissioner in connection with the regulation of public swimming pools. The Commissioner may inspect a public swimming pool as necessary or appropriate to assure compliance with the requirements of this subtitle and the rules and regulations adopted under it. City Code, 1976/83, art. 11, §246(a), (b), (d) Ord. 99-548

No person may operate any public swimming pool in the City without a license to do so from the Commissioner of Health. City Code, 1976/83, art. 11, §247(a) Ord. 99-548

The application for a license must: be in the form that the Commissioner requires; and contain the information that the Commissioner requires. Ord. 99-548

The Commissioner must issue a license to the applicant if: the public swimming pool complies with the criteria, standards, and regulations adopted by the Commissioner; and the applicant:has complied with all other applicable laws, rules, and regulations; and pays the applicable license and inspection fee. City Code, 1976/83, art. 11, §247(e) Ord. 99-548

Public swimming pool licenses are issued on an annual or seasonal basis. Unless sooner suspended or revoked, an annual license expires on the 1<sup>st</sup> anniversary of its effective date. Unless sooner suspended or revoked, a seasonal license is valid from May 1 to October 1. The application for a seasonal license must be submitted by April 1 of each year. City Code, 1976/83, art. 11, §247(b), (c) Ord. 99-548

A license may not be transferred from place to place or person to person. City Code, 1976/83, art. 11, §247(f) Ord. 99-548

Subject to the hearing provisions of Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>, the Commissioner of Health may suspend or revoke any license issued under this subtitle if the licensee: has withheld or falsified any information; or neglects, refuses, or otherwise fails to comply with any provision of:this subtitle; or a rule or regulation adopted under this subtitle. City Code, 1976/83, art. 11, §§246(c), 249(a) Ord. 99-548

If the Commissioner discovers a violation that represents a health or safety hazard to users of a pool, the Commissioner may issue an order of immediate suspension to the licensee. An order issued under this section must:cite the violation; specify the corrective action to be taken; and order all swimming operations to be discontinued immediately. The notice must also state that a hearing will be provided to the licensee under Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>, if one is requested. City Code, 1976/83, art. 11, §248 Ord. 99-548

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}. The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 99-548

Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 6 months or to both fine and imprisonment for each offense. Each day that a violation continues is a separate offense. City Code, 1976/83, art. 11, §250 Ord. 99-548