In this Chapter, the following words have the following meanings: Approving authority means the Director of the Department of Health and Human Services or the Director's designee. Automated external defibrillator means a portable electronic device that provides an electric shock to the heart in order to reestablish normal contraction rhythms in a heart having dangerous arrhythmia or that is in cardiac arrest. Automatic pool cover means 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. Health club means any licensed and registered corporation or business which offers or provides to the public, on a paid membership basis, services, facilities, instruction, training, or assistance in body building, weight loss, exercising, muscle toning, aerobics, or any other similar physical activity. Hotel has the same meaning as in Code § 54-1. Lifeguard means a person who: (a) is at least 15 years old; and (b) has a valid lifeguard certificate from the American Red Cross, the Young Men's Christian Association, or a comparable program approved by the Director of the Department of Health and Human Services. Owner means any person, cooperative, association, partnership, firm, corporation, public agency, or authorized agent of any of them, excluding a pool management company, under whose authority a swimming pool or private spa is being constructed, remodeled, reconstructed, or operated. For the purposes of serving notices of violation of this chapter, the person present at the swimming pool or private spa and charged with its operation is an agent of the owner. Pool management company means any person, cooperative, association, partnership, firm, or corporation, excluding a pool operator, who is responsible by contract or other agreement with the owner of a public swimming pool for the operation of the public swimming pool, including: (a) assuring compliance with all operating standards in this Chapter and all applicable regulations; (b) providing for the physical maintenance, supplies, and personnel as required by this Chapter and all applicable regulations; and (c) obtaining all necessary permits and licenses. Pool operator means any person in possession of a valid county pool operator's license who is in the immediate control of the operation of a public swimming pool. Private spa means any outdoor bathing structure that is: (a) a self-contained unit in which all control, water heating, and water circulating equipment is an integral part of the unit; (b) built on the grounds of a single-family private residence; (c) used solely by the owner, immediate family, tenants, and guests; and (d) not used for swimming, diving, or wading. Private swimming pool means any swimming pool that is: (a) built on the grounds of a single-family private residence; and (b) used solely by the owner, immediate family, tenants, and guests. Public spa means any public swimming pool that is: (a) intended for public recreational and therapeutic uses other than swimming, diving, or wading; and (b) is not drained, cleaned, or refilled for each user. Public swimming pool means a swimming pool, except a private swimming pool, which is intended to be used collectively by numbers of persons for swimming, diving, wading, or recreational bathing. Spa guard means an individual currently certified in cardiopulmonary resuscitation (CPR). Swimming pool means any artificial structure, basin, chamber, or tank, except a private spa, either above or below ground, which is used or intended to be used for the primary purpose of swimming, diving, wading, or recreational bathing. Swimming pool includes all appurtenant equipment, structures, and facilities located within a common enclosure. A unit used in conjunction with the private practice of a physician or physical therapist is not a swimming pool.

The council is hereby authorized by resolution or ordinance to provide for the construction, location, maintenance and regulation of fish ponds and swimming pools; and such resolution or ordinance may require permits for the construction, location or maintenance of fish ponds and swimming pools and may require such safeguards as the council may deem necessary for the protection of the public. Any person violating any lawful resolution or ordinance adopted or passed under the authority of this section shall be subject to punishment for a class C violation as set forth in section 1-19 of chapter 1 of the County Code.

(a) All physical standards required by this chapter shall apply to all public swimming pools constructed after the effective date of this chapter. The physical standards shall apply to all public swimming pools in existence prior to the effective date and to all private swimming pools proposed for conversion to a public swimming pool where: (1) Any physical condition exists that would prevent the achievement of prescribed operating standards. (2) Any physical condition exists which would endanger the health, safety or life of any person within the pool or immediately adjacent thereto. (3) Alteration, addition or replacement of any equipment or appurtenances is made. (b) Except as otherwise herein provided, the physical standards of this chapter shall not apply to private swimming pools. Such pools, however, must comply with the appropriate requirements of the respective building, plumbing and electrical codes of Montgomery County. (c) All of the operational standards and personnel requirements of this chapter shall apply to all public swimming pools, regardless of the date of construction. (d) All private swimming pools shall comply with the requirements for fencing, the safety standards under section 51-10(a), disposal of waste water and site location of the pool with respect to wells and sewage disposal systems. (e) Where the requirements of this chapter are more specific or stringent than the requirements of the state department of health and mental hygiene regulations governing public swimming pools and bathing beaches, the requirements of this chapter shall take precedence. (f) Where this chapter is silent, the provisions of the state department of health and mental hygiene shall govern and apply.

(a) The owner shall be responsible for submitting plans to and obtaining the necessary building permit from the approving authority to construct a public swimming pool and for providing the physical maintenance, supplies and personnel required for such pool. (b) The owner and appropriate contractor shall be jointly and severally responsible for: (1) Having an approved plan before any work is commenced on the construction of the swimming pool, any addition, remodeling or other improvement thereto; (2) Following the requirements of the physical standards of this chapter, the approved plan and specifications and the terms of the building permit; (3) Having such public swimming pool inspected as required in subsection (b) of section 51-6. (c) The owner, pool operator and pool management company, where appropriate, shall be jointly and severally responsible for determining that a valid operating permit has been issued for a public swimming pool prior to commencing of operation, for following the operating standards as hereinafter set forth in the chapter and for keeping such records as may be required. (d) The owner, pool operator and pool management company, where appropriate, shall jointly and severally be responsible for obtaining the necessary operating permits and for responding to emergency closing orders. (e) The approving authority shall be responsible for reviewing the plans as may be required and issuing of permits, and for inspecting public swimming pools. (f) Any person using a public swimming pool shall be responsible for following such safety rules as may be promulgated for the operation thereof. The pool operator is authorized to deny the use of the premises to any person violating the established safety rules.

No person shall begin construction or substantial alteration of a public swimming pool until plans and specifications therefor have been approved by the approving authority; nor shall any person convert a private swimming pool to a public swimming pool without having the written approval of the approving authority. (a) Before work is commenced on any construction, addition, remodeling or other improvement thereto, an application for permit to construct, the plans, specifications and pertinent explanatory data required shall be submitted to the approving authority in such manner and containing such information as the approving authority may require from time to time. (b) The approving authority shall review the plans and specifications for compliance with physical standards of this chapter and shall either approve or disapprove them on that basis within thirty (30) days from the date of receipt of such plans and specifications. In the event that incomplete submissions of plans, specifications or information required to determine such compliance is made, the approving authority shall notify the applicant accordingly and the thirty-day period shall be deemed to commence from the date of receipt of the additional information. (c) The approving authority shall not issue any building permit for a public swimming pool until the plans and specifications for such pool have been approved. (d) The approval of plans and specifications by the approving authority may be either in the form of a suitable endorsement upon such plans and specifications or by a separate written document to that effect. In either case, the approval shall expire one hundred eighty (180) days from the date of issuance unless the pool is under construction and concurrently with the expiration of the building permit. (e) All public swimming pools shall be constructed in accordance with the physical standards of this chapter and the approved plans and specifications. No change shall be made after the approval of plans without the written consent of the approving authority. (f) No person shall operate or maintain a public swimming pool until a current and valid operating permit shall have been issued by the approving authority. The approving authority may issue such temporary operating permits as it may determine to be proper from time to time. (g) An application for an annual operating permit, accompanied by the fee as hereinafter set, shall be submitted to the approving authority prior to the initial opening of the pool and upon each renewal thereafter at least thirty (30) days prior to the expiration of the permit. (h) An operating permit shall be issued by the approving authority upon a satisfactory finding that the swimming pool meets the requirements of this chapter. A permit shall remain in effect until April 30 of the year following issuance unless it has been revoked or suspended. When a valid application for permit renewal has been properly filed and the existing permit has not been suspended, revoked or denied by the approving authority, the existing permit shall continue in effect for not more than one hundred eighty (180) days from the date of expiration pending formal action by the approving authority on the renewal request. (i) The operating permit may be revoked for repeated or continuing violations of the requirements of this chapter; provided, that the approving authority has given the owner notice in writing of the violations and opportunity for hearing before the approving authority to show cause why the revocation of the permit should not occur. Request for hearing, however, shall not entitle the owner or operator to continue operation of the swimming pool if the approving authority finds any conditions present as set forth in paragraph (j) or that the safety of the users of the pool requires it to be closed. (j) Operating permits for a public swimming pool may be summarily suspended and the pool ordered closed by the approving authority upon a finding of any of the following conditions: (1) The pool is being operated without adequate or responsible supervision. (2) The turbidity of the water in the pool visually obscures the view of the main drain or the bottom of the pool when filled to its usual capacity. (3) The level of the disinfectant in the pool is less or greater than specified in the manual on public swimming pool operations for adequate disinfections. (4) The filtered water is not being delivered to the swimming pool for a period exceeding one (1) hour during the use of the pool. (5) The bath house is not usable. (6) The automatic disinfectant feeder has been inoperative in excess of twenty-four (24) hours.

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.

(a) Public swimming pools. (1) The approving authority must inspect, from time to time during reasonable hours, any part of a public swimming pool for the purposes of determining compliance with the provisions of this chapter. A person must not obstruct or deny access to a properly authorized representative of the approving authority. (2) Before any piping and equipment is permanently concealed, a person constructing a public swimming pool must obtain an inspection by the approving authority. (3) A newly constructed public swimming pool is not eligible for an operating permit until a final inspection has been made by the approving authority. (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 following basic principles shall govern location, construction or reconstruction of all public swimming pools. They shall be used to interpret and promulgate regulations and to serve as the basis for the issuance of construction permits under section 51-5. (a) Location. Public swimming pools shall be located so as to: (1) Prevent and minimize the possibility of water contamination in the swimming pool from external sources occurring through: a. Low-lying pool elevations in areas subject to periodic flooding, b. Location of a pool in the path of uncontrolled surface water movement, or c. Leakage into the pool from sources of contamination located overhead; (2) Permit ready access to the pool for emergencies; and (3) Ensure that utilities are available, or can be installed. (b) Construction generally. All public swimming pools shall be constructed: (1) To prevent or reduce the possibility of water contamination occurring through: a. Entrance of surface water, b. Back flow or back siphonage, or c. Transport of foreign matter by bathers or spectators; (2) To provide water of drinking quality to the pool and at all taps accessible to the bathers; (3) To provide a continuous replenishment of clear, clean water to the pool of such chemical composition as to control the growth and spread of organisms and to minimize deleterious effects on the bathers and at such rates of delivery as the use of pool requires; (4) To ensure reasonable expectations of the pool operating properly; (5) To ensure a reasonable degree of mechanical strength and permanence of materials; (6) To ensure that repairs and maintenance of the pool and its appurtenances can be made and that the pool can be kept clean; (7) To prevent exposure of bathers, operating personnel and of outside persons to accidental hazards, and to permit the taking of such corrective measures when necessary should an accident occur; (8) To provide for the personal hygiene of the bathers; and (9) To facilitate the protection of bathers and operating personnel in the use of the pool. (c) Manual for public swimming pool construction. The permittee shall comply with material, method, and location specifications as set out by the manual on public swimming pool construction issued by the county executive. The approving authority may permit the use of new materials, equipment, designs and methods of a type which do not conform with the requirements of the manual; provided, that they are not prohibited by this chapter or other applicable laws. The approving authority shall require proof of recognized authority that the new materials, equipment, designs and methods are safe, constitute compliance with this section and that their performance and quality are equal to or superior to those of the materials, equipment and designs or methods required in the manual.

(a) Outdoor public swimming pools owned or operated by Montgomery County and all indoor public swimming pools, except public spas, shall be made accessible to persons with mobility impairment not later than January 1, 1986. (b) "Accessible" includes access to the pool's edge and a means to enter and exit the water. (c) The approving authority shall develop in conjunction with each pool owner a plan of compliance specifying the levels of impairment to be accommodated, the equipment to be provided, and a schedule for completion. The approving authority may waive this requirement on a determination of unreasonable hardship, as where access to the pool's edge would involve major structural changes to elevators, stairwells, or hallways, or where the restricted size of the deck or pool makes access unfeasible, or where use by persons with mobility impairment is, as a practical matter, unforeseeable. (d) The pool owner is responsible for maintaining any equipment necessary to provide accessibility but is not required to provide personnel to operate the equipment.

The following basic principles shall govern the operation of public swimming pools and shall be used to interpret, promulgate regulations and to serve as the basis of issuance and renewal of operating permits under section 51-5. (a) Operation generally. Public swimming pools shall be operated: (1) To maintain clarity, cleanliness and chemical composition of the water in the pool at all times it is in use in a manner which will prevent the growth and spread of organisms, minimize deleterious effects on the bathers and permit the visual observation and surveillance of bathers at the deepest point of the pool. (2) To provide such equipment and trained personnel as will: a. Permit taking a required emergency action, b. Permit regulation and control of the use of the pool, and c. Assure proper operation of the pool, its equipment and associated facilities; (3) To eliminate hazards to the health and safety of bathers and occupations due to: a. Unsafe conditions, and b. Unsafe practices; (4) To maintain the cleanliness of decks, surfaces, bath houses and other associated facilities; (5) To assure performance of equipment and fixtures in the manner for which they were intended; (6) To provide for the personal hygiene of the bathers. (b) Manual on public swimming pool operations. All permittees and licensees shall comply with the requirements for public swimming pool operation as set forth in this chapter and as set forth in the manual on public swimming pool operations as such manual may be issued by executive regulations by the county executive. The manual on public swimming pool operations shall incorporate an inspection form which shall constitute notice of violation as set forth herein when served on the owner, pool management company, pool operator or agent thereof.

(a) Every public swimming pool must be in the immediate control of a pool operator. (b) A person may act as both lifeguard and pool operator if acting as both does not adversely affect safety and operational standards. (c) The approving authority must issue a swimming pool operator's license if the applicant: (1) is at least 17 years old; (2) has at least 2 seasons' experience as a lifeguard or operator, or has one season's experience and has successfully completed a training course approved by the approving authority; and (3) passes an examination given by the approving authority or has an operator's license issued by Montgomery County for the previous operating season. (d) Reserved. (e) A swimming pool operator's license is valid for 3 years after the date of issuance, unless revoked by the approving authority. The approving authority may issue a swimming pool operator's license which is valid for less than three years if the applicant requests a license for a shorter period. When an applicant has filed a valid application for license renewal and the applicant's current license has not been suspended or revoked by the approving authority, the current license remains valid for not more than 180 days after its expiration date until the approving authority acts on the renewal request. (f) A swimming pool operator's license may be suspended or revoked if the licensee: (a) has repeated or continuing violations of this Chapter; or (b) obtains the license by fraud. The approving authority must give the licensee notice in writing of the violations and an opportunity for a hearing before the approving authority before the license is suspended or revoked.

(a) It shall be unlawful for any pool management company to operate in the County unless such pool management company shall have registered with the approving authority for each pool it operates. Application for such registration shall be made to the approving authority on forms provided by the approving authority and accompanied by a registration fee as hereinafter provided. (b) The approving authority must maintain a registry of each pool in the County operated by a pool management company. The registry must contain the name of the pool, the pool management company responsible for that pool, and the name of the individuals to be contacted as responsible for the specific pool as representatives of the pool management company. The pool management company must notify the approving authority within 48 hours of any changes in responsible personnel. (c) Registration of a pool management company to operate a pool shall be valid for the period for which application is made, but not to exceed one (1) year from the date of issuance or until such registration shall be suspended or revoked. When a valid application for registration renewal has been properly filed and the existing registration has not been suspended, revoked or denied by the approving authority, the existing registration shall continue in effect for not more than one hundred eighty (180) days from the expiration date pending formal action by the approving authority on the renewal request. (d) Registration of a pool management company for a pool it operates may be suspended or revoked for violations of subsections (j)(1) through (j)(6) of Section 51-5 during the operating season resulting in three (3) summary closures of the pool or pools under contract of the management company. The action to revoke or suspend shall be upon a finding by the approving authority that the pool management company was responsible for the condition resulting in summary closures of the pool unhindered by contractual arrangements with the pool owner; provided, that the approving authority has given the pool management company or agent thereof notice in writing of the violations and opportunity for hearing before the approving authority to show cause why the suspension or revocation of the registration should not occur. (e) Within a thirty-day period following the show cause hearing, the approving authority shall issue an order suspending, revoking or validating the registration, stating the reasons therefor. (f) The County Executive shall establish administrative procedures and guidelines for the implementation of this registry to be incorporated in the manual on public swimming pool operation issued pursuant to subsection (b) of Section 51-8 of this Chapter.

(a) Safety equipment. All private and public swimming pools must be equipped with: (1) life-saving and emergency equipment to pull a person from the pool without entering the water; and (2) a working telephone. (b) Lifeguards. (1) Except for public spas, health clubs, and hotels, as provided in paragraph (c), (d), and (e), every public swimming pool must have at least one lifeguard with a valid infant/child/adult cardiopulmonary resuscitation (CPR) certificate from the American Red Cross, the American Heart Association, the National Safety Council, or a comparable program approved by the state Department of Health and Mental Hygiene, present when the pool is open for use. (2) Whenever any person is in the water, a lifeguard must: (A) be on the deck and observing the pool; and (B) not leave the deck for any reason unless all persons are out of the water. (3) The approving authority may require additional lifeguards to be on the deck at any public swimming pool if the approving authority finds that the pool is inadequately guarded because of the: (A) number of persons using the pool; (B) shape, dimensions, or layout of the pool; (C) existence of obstructions to vision; or (D) capabilities of the persons using the pool. (c) Public spas. A public spa must have at least one spa guard present when the spa is open for use. The spa guard must be available immediately to help in an emergency. (d) Health club. A swimming pool located on the grounds of a health club is not subject to paragraph (b) of this section, if it: (1) has a water surface area less than or equal to 2,500 square feet 32 maximum depth of five feet; (2) is used only for members or guests who are at least 16 years of age; (3) includes posted safety, health, and warning signs, as required under subsection (f), translated in Spanish, French, Chinese, Korean, and other languages, as determined necessary by the Approving authority; and (4) the owner complies with subsection (f) of this subtitle and all other provisions under Code of Maryland Regulations (COMAR) 10.17.01, Public Swimming Pools and Spas. (e) Health club contracts – Disclosure Statement Required. (1) A health club not subject to paragraph (b) of this section, must provide: (A) a contract for health club services, at the initial point of sale, that includes a disclosure statement, signed and dated by the member, that indicates the facility will not have a lifeguard on duty while the swimming pool is in use. (f) Hotels. Except for on Saturday and Sunday between 11:00 a.m. and 7:00 p.m., paragraph (b) does not apply to a pool that has a water surface area less than 2,500 square feet located on the grounds of a hotel for the exclusive use of its registered guests if: (1) the hotel is properly licensed under Chapter 54; and (2) the owner complies with subsection (f) of this subtitle and all other provisions under Code of Maryland Regulations (COMAR) 10.17.01, Public Swimming Pools and Spas. (g) Safety Signs Required; Emergency Alert System. (1) An owner of a public spa, health club, or hotel must post warning signs that meet the following: (A) the size, color, design, application, symbol, and visual layout of a safety sign is in compliance with the ANSI Z-535 series of standards for Safety Signs and Colors as referenced in American National Standard for Public Spas; (B) a safety sign is posted in a permanent location adjacent to a health club or hotel in compliance with the American National Standard for Public Spas; (C) the safety sign includes the user load of the pool; (D) a chemical warning sign is posted at the entrance door to a chemical storage area and includes the text “Caution! Chemical Storage Area”; (E) a chemical vat, feeder, pump, and line is labeled to identify the chemical in use; (F) a chlorine gas warning sign reading “Danger—Chlorine Gas” is posted at the entrance to a chlorine gas feed room and storage area; (G) other warning, health advisory, and safety signs are posted, as required by Executive Regulation, if necessary to protect the public health and safety; and (H) a pool that does not have a lifeguard on duty has a conspicuous sign posted adjacent to entrances to the pool reading “Warning: No lifeguard on duty. SWIM AT YOUR OWN RISK. Children under the age of 16 are not permitted to use the pool without adult supervision”; and (2) the pool area has a functional and visible emergency alert system approved by the Director of the Department of Health and Human Services that: (A) connects directly to 9-1-1; and (B) notifies an employee of the health club or hotel when activated; and (3) the health club or hotel has an employee with a valid infant/child/adult cardiopulmonary resuscitation (CPR) certificate from the American Red Cross, the American Heart Association, the National Safety Council, or a comparable program approved by the state Department of Health and Mental Hygiene, on the premises of the health club or hotel when the pool is open for use and no lifeguard is on duty; and (4) the owner of the health club must have an employee who regularly inspects the swimming pool area to ensure the well-being and safety of its members and guests.

The fee for obtaining any license, permit or registration as provided in this chapter shall be such amount as the county executive, by regulation adopted under method (3) of section 2A-15 of this Code, may set from time to time. No separate pool operating permit shall be required for a wading or spray pool. A separate fee, in such amount as the executive may set by regulation adopted under method (3) of section 2A-15 of this Code, from time to time, will be charged for administration of the examination to applicants for a pool operator's license as provided in this chapter. Fees shall not exceed the reasonable costs of administering and enforcing this chapter. There shall be no operating permit fee charged for any pool operated by the county.

(a) The county executive is authorized and designated to prescribe and issue written regulations, adopted under method (2) of section 2A-15 of this Code, for the implementation and operation of public swimming pools and public swimming pool construction as may be necessary from time to time to implement the provisions of this chapter. (b) Each person selling, constructing or installing a swimming pool in Montgomery County shall provide the purchaser or owner with a current copy of this chapter.

A decision of the approving authority revoking or suspending a permit, license or registration may be appealed to the county board of appeals within ten (10) days from the receipt of the decision.

A private spa must be: (a) equipped with a safety cover that: (1) meets the requirements established by the American Society for Testing and Materials; or (2) is found by the County Executive to meet an equivalent standard; and (b) covered with the safety cover whenever the spa is not attended.

(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. "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."

(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.

(a) Every public swimming pool must have available at all times when the pool is open at least one automated external defibrillator in good working order and at least one staff member who is trained in its use. (b) (1) (2) This Section is not intended to impose any civil liability, or relieve any person from civil liability, regarding the presence or use of, or failure to use, any automated external defibrillator, except as expressly provided in paragraph (2). (2) An owner or employee of a public swimming pool is not liable in connection with the use or nonuse of an automated external defibrillator, unless: (A) the pool does not have an automated external defibrillator available as this Section requires; or (B) an employee has acted with gross negligence or engaged in willful or wanton misconduct. (c) Any violation of this Section is a class C civil violation. The County Attorney or any affected person may file an action in a court with jurisdiction to enjoin repeated violations of this Section. (d) The Department of Health and Human Services must inspect each pool to assure that the pool has an automated external defibrillator on site and that defibrillator is registered with the Maryland Institute for Emergency Medical Services Systems. The Department of Health and Human Services must investigate each complaint alleging a violation of this Section and take appropriate action, including issuing a citation when compliance cannot be obtained otherwise.

Any person violating any provision of this chapter shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Any such swimming pool installed, operated or maintained in violation of the provisions of this chapter shall constitute a nuisance; and the approving authority may, in addition to the penalties hereinbefore set forth, maintain any proper action for the abatement of such nuisance. Each day a violation of the provisions of this chapter continues to exist shall constitute a separate offense.