In this subtitle, “private outdoor pool” means any swimming pool that : is not a public swimming pool subject to Subtitle 3 {“Public Swimming Pools”} of this title; and is not totally contained within a building and surrounded on all sides by the building’s walls. Ord. 99-548

The purpose of this subtitle is to protect the inhabitants of the City, particularly children, from the hazards to life and safety inherent in unenclosed outdoor swimming pools. City Code, 1976/83, art. 19, §184(d) Ord. 99-548

This subtitle applies to all private outdoor pools in the City, whenever built. This subtitle establishes minimum enclosure requirements only. All more stringent enclosure standards and other regulations imposed by the <cite data-path="|building-codes">Building, Fire, and Related Codes Article of Baltimore City</cite> must be complied with to the extent applicable. Ord. 99-548 Ord. 13-093

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