Chapter 51. Swimming Pools - Regulations

This regulation adopts the definitions contained in the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, unless superseded or amended by the following definitions:

1. A.N.S.I. means the American National Standard Institute for Public Swimming Pools.

2. Approving Authority means the Director of the Department of Health and Human Services or the Director’s designee.

3. Decks means those areas surrounding a pool which are specifically constructed or installed for use by patrons.

4. Deep Area means swimming pool water depth that exceeds five feet.

5. Diving Pool means a swimming pool intended for use exclusively by divers.

6. Dry Deck means all pedestrian surface areas within the pool enclosure not subject to frequent splashing or constant wet foot traffic. Landscape areas are not included in this definition.

7. Egress means the manner of exiting the pool.

8. Floor means the interior bottom pool surface which consists of that surface from a horizontal plane up to a maximum of a 1:3 slope.

9. Handrail means a corrosion resistant tube or bar extending above and returning to the horizontal surface of the pool deck, curb or coping and located at each side of each ladder and in the center or on one side of each stairway.

10. Hazard means a condition or situation that could cause injury or illness to a patron or pool personnel.

11. Hydrostatic Relief means a method of reducing the water pressure around an empty or partially filled pool.

12. Immediate Premises means the area within the enclosed boundaries of the pool site.

13. Non-Swimming Area means any portion of a pool where water depth, offset ledges or similar irregularities would prevent safe swimming activities.

14. N.S.P.I. means the National Spa and Pool Institute.

15. Overflow System means perimeter type overflows, surface skimmers and surface water collection systems of various design and manufacture.

16. Patron means any person using a Public Swimming Pool, the adjoining deck area, or the immediate premises for the purposes of water sports, recreation, therapy, or related activities.

17. 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, or guests; and

d. not used for swimming, diving, or wading.

18. Private Swimming Pool means any swimming pool that is:

a. built on the grounds of a single family residence; and

b. used solely by the owner, immediate family, tenants, and guests.

19. Public Swimming Pool means any swimming pool, except a private swimming pool or private spa, which is intended to be used collectively, by a number of persons for swimming, diving, wading or recreational bathing. Public Swimming Pools include:

1. A Public Pool that is:

a. not a Public Spa; and

b. is intended for public recreational use such as swimming, diving, wading, therapy, competition or associated activity.

2. A Public Spa 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.

20. Shallow Area means an area where the water depth is five feet or less.

21. Stairs, Recessed Stairs, Ladders and Recessed Treads means those means of entry and exit to and from the pool.

a. Stairs means a riser and tread or series of risers and treads extending down from the deck into the pool.

b. Recessed Stairs means a riser and tread or series of risers and treads extending down from the deck to the pool floor with the bottom riser or tread termination at the pool wall (thus creating a “stair well”).

c. Ladders means a series of vertically separated treads or rungs either connected by vertical rail members or independently fastened to an adjacent vertical pool wall.

d. Recessed Treads means a series of vertically spaced cavities in the pool walls creating tread areas for stepholes.

22. Swimming Pool, whether public or private, 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. A swimming pool includes all associated 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.

23. Toxic means an adverse physiological effect on man or the environment.

24. Training Pool means a pool not normally in excess of 3.5' deep at its points of maximum depth and usually reserved for use by persons learning to swim.

25. Transition Point means the place in the floor of the pool between water depths of 4'6" and 5'6" where an abrupt change in slope occurs. The transition point must be at the 5' depth in pools having a constant slope.

26. Turnover means the time required to circulate the entire pool volume of water through the filtration system and back to the pool.

27. Vertical means a line or surface running perpendicular to the plane of the horizon; a truly plumb line.

28. Wading Pool means a Public Pool that is a maximum of 24" deep and primarily intended for use by children.

29. Water Line:

a. Skimmer system - the water line is the midpoint of the operating range of the skimmers.

b. Overflow Systems - the water line is the height of the overflow rim.

30. W.S.S.C. means the Washington Suburban Sanitary Commission

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards.

A. Plans and specifications requirements .

1. One copy of the plans and specifications must be submitted to the Approving Authority.

2. Plans and specifications must include sufficient information to permit detailed review for compliance with the Ordinance and this Manual.

3. Plans and specifications must be drawn to scale and contain these elements:

a. Type of pool as defined in 51.00.01.01.

b. Location diagram.

c. Site plan, including location of roads, utilities and drainage.

d. Swimming Pool layout, including appurtenances.

e. Piping layout, including summary table of pool fittings and complete hydraulic calculations for determining dynamic head.

f. Filter room layout.

g. Bathhouse plan, unless no bathhouse required.

h. Equipment specifications, including performance curves for circulating pumps to be used, as prepared and certified by the manufacturer. Make and model number must be submitted for all NSF equipment. Specifications sheets must be submitted for all non-NSF equipment.

i. Structural sections.

j. Finish schedule of all surfaces.

k. Copy of the Opinion of the Board of Appeals, when applicable.

B. Inspection requirements

1. An inspection and pressure test must be performed by the Approving Authority of the circulation piping before the pool bottom is installed.

2. Prior to licensure, the Swimming Pool must be inspected for compliance with the plans, especially the circulation piping and the installed equipment.

3. Prior to licensure, an operating test checking flow distribution in the Swimming Pool and performance of equipment must be completed satisfactorily.

4. The owner must provide for inspection of manufacturers’ manuals for the installed equipment and written instructions for the operation of the particular pool.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards.

A. Location requirements.

1. A Swimming Pool must not be located in a 100-year flood plain unless the pool deck and equipment is established at elevations to protect them from flooding.

2. Storm drainage must not discharge into the Swimming Pool enclosure.

3. The water surface of indoor Swimming Pools must not be located directly below waste pipes.

4. The water surface of any Swimming Pool must not be located directly under power wires.

5. Rooftop Swimming Pools must be located reasonably close to the elevators.

6. Emergency access to the Swimming Pool and deliveries to equipment areas must be possible by means of:

a. ability to drive a vehicle directly to the equipment area and immediate premise; or

b. ability to drive a vehicle to a point within reasonable distance of the Swimming Pool. The point must be connected with the pool by a hard surface walk containing no steps or grades exceeding 15%; or

c. elevators and nearby stairways in the case of rooftop and/or indoor Swimming Pools. The elevators and stairways must be of such dimensions as to permit manipulation of a loaded litter.

7. Public water supply and sewer must be available to the site, or an approved individual water supply system and/or an approved individual sewage disposal system can be installed satisfactorily on the site.

8. The location of the site must permit the removal of backwash water in accordance with the requirements of the W.S.S.C., the City of Rockville, or the City of Gaithersburg as applicable.

9. Swimming Pools must discharge into sanitary sewer systems where such systems are available and service is granted by W.S.S.C. or other operating agency.

B. Barrier requirements.

1. All outdoor Swimming Pool areas must be enclosed by a barrier designed so as to minimize the possibility of unauthorized or unwary persons entering the pool area. The barrier must not be less than 72 inches in height. The Approving Authority may grant an exemption from the barrier being 72 inches in height. If an exemption is granted, the barrier must not be less than 60 inches in height, measured from the deck.

2. All wading pools must be surrounded by a fence or barrier at least 42 inches in height. A gate must be provided.

3. Sand beaches and other unpaved areas which are designed for use by patrons and which have surface material which will cling to the feet, must be separated from the pool deck by a fence, planting, or other permanent barrier such that access to the deck is gained only at controlled access points. Areas designed primarily for spectator use must be separated from areas used by patrons by a fence, partition, or other physical means. Entrance to these areas must not be through areas normally used by patrons.

C. Utility requirements.

1. If a public water supply is available to the site on which the pool is located, water from the public water system must be used to serve the pool and ail plumbing fixtures.

2. The potable water supply system must meet the requirements established by the Maryland State Department of Health and Mental Hygiene and the Montgomery County Code for potable water service and must be able to maintain minimum pressure under all normal usages.

3. All portions of the potable water supply system serving the Swimming Pool and auxiliary facilities must be protected against backflow.

4. Potable water introduced into the Swimming Pool, either directly or to the circulation system, must be supplied through an air gap of at least 2 pipe diameters or other approved means.

5. If a public sewerage system is available to the site on which the pool is located, connection must be made to the system. Swimming Pools must discharge into sanitary sewer systems where such systems are available and service is granted by W.S.S.C. or other operating agency.

6. The sewerage system must be adequate to serve the facilities including the bathhouse, locker room, and related accommodations in accordance with the requirements of the Maryland State Department of Health and Mental Hygiene and the Montgomery County Code and/or W.S.S.C.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards:

A. The capacity of the pool, which is the maximum number of persons permitted in the pool at any given moment, is established as follows:

1. Public Pools - After deduction of the 300 square feet for each diving board or platform, one person is allotted for every 20 square feet of Deep Area and one person for every 12 square feet of shallow area. One additional person is allotted for each diving board or platform.

2. Public Spas - One person is allotted for every 9 square feet of total water area.

B. Pool and enclosure capacities must be determined by the Approving Authority in writing and must be conspicuously posted by the owner at the pool.

This regulation adopts the pool and spa safety and operator certification sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, as the operating standards of this regulation unless superseded or amended by the following specific standards:

A. General.

1. The Swimming Pool structure must be constructed of materials which are non-toxic to man and the environment, resistant to permanent deformation, impervious and enduring, can withstand the design stresses, will provide a watertight structure, and have a smooth and easily cleanable surface without cracks or joints, excluding structural joints.

2. Wood, sand, or earth must not be permitted for surfaces in a Swimming Pool.

3. The floor of all pools must be white, light colored, or light colored patterns in order to facilitate the identification of any objects within the pool.

4. The surfaces within a Swimming Pool intended to provide footing for patrons must be designed to provide a slip-resistant surface. The roughness or irregularity of such surfaces must not cause injury or discomfort to the feet.

5. An adequate means of hydrostatic relief must be provided.

6. There must be no hazardous protrusions, including underwater ledges, from the floor or walls of the pool into the water.

7. The maximum horizontal distance of the tip of the diving board or platform from Point A may vary plus or minus 3" to allow for construction tolerance on Public Swimming Pools.

B. Floor.

1. The slope of the shallow area floor must be uniform, must slope to drain, and must not exceed 1' of fall in 12'. Public Spa floors must slope to drain.

2. The slope of the Deep Area floor must be uniform, must slope to drain, and must not exceed 1' of fall in 3'.

3. All corners formed by the intersection of walls or by the intersection of walls and floors must have a minimum 6" cove radius in water depths greater than 3 feet. For additional guidance, see the current standards established by A.N.S.I.

C. Means of Swimming Pool Entry/Egress: Stairs, Recessed Stairs, Ladders, and Recessed Treads.

1. Public Swimming Pools must have:

a. In the diving well: 1 ladder for each 75' of perimeter but no less than 2 ladders.

b. In the shallow area: one means of entry/egress for each 75' of perimeter and approximately evenly spaced.

c. Not less than two means of entry/egress at any one pool.

2. No means of entry/egress needs to be provided at pools where the maximum water depth does not exceed 24 inches.

3. Stairs, recessed stairs, ladders, and recessed treads should be so located so as not to interfere with racing lanes.

4. All handrails must meet the standards established by A.N.S.I.

5. Ladder treads must be constructed so as to reduce the possibility of slipping, be self-draining, and be at least 3" in width over the stepping surface.

6. The design and construction of pool stairs must conform to the following:

a. Each stair tread must have minimum unobstructed horizontal dimensions of 10" x 24".

b. Risers at the centerline of the treads must have a maximum uniform height of 12".

c. Stair treads must have slip-resistant surfaces.

7. The design and construction of recessed treads in the pool wall must meet the standards established by A.N.S.I.

8. Pool stairs must be painted or tiled on the nosing with a contrasting color to indicate a drop to the next level.

D. Special Features.

1. Underwater seat benches, when provided, must not be over 20" below the water line and must be:

a. visually set apart from the surrounding pool surfaces by a contrasting color or visual image such as provided by colored tile nosing, etc;

b. completely recessed in either a separate alcove or wall indentation especially designed for that purpose when located in the Deep Area of a pool; and

c. provided with a slip-resistant surface.

2. Off-set ledges, when provided, must fall within an 11 degree line from vertical starting at the junction of the pool wall and water line. Ledges must have a maximum width of 8" and a slip-resistant surface.

DIAGRAM BELOW:

1. 11" should be 11°

2. 1.5 should be 1:5

E. Wading Pools.

1. Wading pools must be separate and physically set apart from shallow water areas of Swimming Pools by at least 6' of deck. Wading pools must not adjoin the main pool where the water in the main pool is in excess of 4' deep.

2. Wading pools must have a maximum water depth of 24".

3. Walls in wading pools must be vertical or within 11 degrees of vertical except for the lower 6", which must be radiused to the floor. Walls must not extend more than 6" above the water line at any point.

4. Floors of wading- pools must be uniform and sloped to drain with a maximum slope of 1' in 12'.

F. Pool Depths.

1. Public Swimming Pools must have a minimum depth of water in the shallow end of the main swimming area of 3' with a 3'6" minimum if racing lanes are provided.

2. Public Spas must have depths as required for their intended use.

3. Public Swimming Pools intended for diving must:

a. comply with COMAR 10.17.01 (2013) if constructed after the effective date February 10, 1997;

b. come into compliance with COMAE. 10.17.01 (2013) once altered if constructed before February 10, 1997; or

c. maintain the pool, including appurtenant structures and equipment, in the manner most recently approved before the adoption of COMAR 10.17.01 (2013) provided:

i. any appurtenant structures and equipment consist of the same or equivalent materials having the same specifications, operating characteristics, and certification; and

ii. the pool does, not create a hazard as determined by the approving authority that threatens the health and safety of an individual using the pool.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards:

A. General Standards.

1. A deck clearance of 24" must be provided around deck equipment which is 36" or less in height above the deck and 36" deck clearance around all other deck equipment.

2. Dressing room exits to pool must be to the shallow area of the pool. At least 15' of deck must be provided between the dressing room door and the pool edge or as approved by the Approving Authority.

3. Joints where pool coping meets concrete decks must be caulked and made water tight and must not allow water to pass to the ground beneath.

B. Deck Drainage.

1. Joints in decks must be provided to control cracks which may be hazardous due to a change in elevation, separation of surfaces, or movement of the slab.

2. Where deck work joins concrete work other than the pool, these areas must be protected by expansion joints filled with a non-rigid material such as mastic to adequately protect the pool from the pressures of relative movements.

3. Decks must be edged, radiused, or otherwise relieved so as to provide no exposed sharp corners.

4. Except for ramps, dry decks must have a uniform slope of not less than 1/4" per foot and not greater than 1/2" per foot to drains.

5. Public Spa decks must be sloped to drain and shall prevent standing water.

6. Drainage must be adequate to remove pool splash water, deck cleaning water, and rain water, and must drain away from the pool.

7. Site drainage must be provided to prevent standing water.

8. Drain covers must be suitable for bare foot traffic and flush with the deck.

9. Water to the pool must be introduced only through an air gap of at least 2 times the pipe diameters.

10. Fill spouts must be located under a diving board, within 10 inches adjacent to a ladder or handrail, or in front of a lifeguard stand whose supports are immediately adjacent to the pool or spa rim, or otherwise properly shielded so as not to create a hazard. Its open end must have no sharp edges and be provided with a flexible cover on the tip of the fill spout.

C. Perimeter Deck.

1. A minimum of 4' in un-obstructive width must surround the pool perimeter.

2. The perimeter deck shall be flush with pool wall/coping or as the Approving Authority allows.

3. Patrons may be restricted from access to areas of the perimeter deck.

D. Dry Deck.

1. Must be continuous and an un-obstructed circulation path in conformance with ADA requirements for an Accessible Route.

2. Shall connect all site amenities, entrances, and exits as required by ADA requirements.

E. Fixtures.

1 . Hose bibs must be provided around the perimeter of the deck so that all parts of the pool deck area may be reached with 100' of hose and are placed so that no tripping hazard is created. All hose bibs must be equipped with a backflow preventer.

2. At least one drinking fountain must be provided for each 2,500 square feet of water surface or fraction thereof. The drinking fountain must be located more than 100' from any point inside the pool enclosure.

3. Rinse devices such as showers or foot sprays, designed to rinse loose foreign matter from the body, may be provided at access points to the deck from unpaved areas.

F. Lifeguard Chairs.

1. At least one elevated lifeguard chair must be provided for each 2,000 square feet of water surface area or fraction thereof. The lifeguard chair or chairs must be located so that the entire bottom area of the Swimming Pool is collectively visible from the lifeguard chair(s) on the perimeter of the Swimming Pool, and the lifeguard’s field of vision does not have to exceed 90° to the right and left of the center line of the chair.

2. Where a Swimming Pool is equipped with more than one lifeguard chair and the pool width is 45' or more, each lifeguard chair must be located on opposite sides of the pool.

3. A Swimming Pool which meets all of the following conditions is exempt from the requirements for a lifeguard chair:

a. The greatest water surface dimension is equal to or less than 35'.

b. The maximum depth does not exceed 5'.

c. The shape of the Swimming pool is such that the entire bottom of the Swimming Pool can be seen by a person standing at any location on the edge of the Swimming Pool.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards:

A. Artificial lighting must be provided at all indoor and outdoor Swimming Pools which are to be used at night or when daylight is insufficient. Lighting fixtures must be of such number and design as to illuminate all parts of the pool, the water, and the entire pool area. Lighting must be installed to minimize reflection from the water surface so the visibility of the pool or spa bottom is not obscured.

B. Fixtures, electrical equipment, and wiring must be installed in conformity with the Montgomery County Electrical and Building Code and the National Electrical Code adopted therein, and must be installed so as to create no hazard of burning, electrical shock, mechanical injury, or temporary blinding by glare to the patrons and so that lifeguards can clearly see every part of the pool area without being blinded by glare.

C. Where underwater lighting is used, no less than 1.25 watts must be employed per square foot of water surface in water over 5' deep and not less than .75 watts must be employed per square foot of water surface in water 5' deep or less.

D. Where underwater lighting is used, and night swimming is permitted, area lighting must be provided for the deck areas and directed toward the deck areas away from the pool surface where practical. At least 0.6 watts per square foot of deck area or at least 15 footcandles must be provided.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards:

A. There must be no protrusions, extensions, means of entanglement, or other obstructions which can cause entrapment or injury to the patron. There must be no hazardous obstruction extending from the Swimming Pool wall or floor.

B. Handholds must be provided around the perimeter of the Swimming Pool and must not be more than 9" above or 3" below the static water level. The overhang for coping or cantilevered decking shall not be greater than 2" nor less then 1" and shall not exceed 2 1/2" in thickness for the last 2" of the overhang.

C. A lifeline must be provided at or within 1' of the transition point and on the shallow side of that point. Its position must be marked with floats at not greater than 5' spacing. The life line must be 1/2" inch minimum diameter and its terminals must be securely anchored, be of corrosion-resistant material, and be of a type which has no projection which may constitute a hazard to patrons.

D. Depth Markers.

1. Depth of water in feet must be clearly and permanently marked at or above the water line on the vertical pool wall and on the top of coping or edge of the deck within 12" of the pool wall. Markings must be at maximum and minimum points, at all points of slope change, and at no more than 2' increments of depth. Such marking must be spaced at no more than 25' intervals and must be arranged to be uniformly located on both sides of the Swimming Pool as well as both ends. In the case of irregularly shaped Swimming Pools, such markings must also designate depths at all major deviations in shape.

2. The depth marking numbers must be at least 4" minimum height, be a contrasting color with the background, and be permanent. Markings on the vertical pool wall must be positioned to be read from the water side. Markings on the deck must be positioned to be read while standing on the deck facing the water. Deck markings must be slip-resistant.

3. Depth markers shall be marked in units of feet and inches. Abbreviations of “FT” and “IN” may be used in lieu of “FEET” and “INCHES”.

E. Indoor Public Spas may not be individually enclosed.

F. Hotels exempted from lifeguards must provide a functional and visible emergency alert system approved by the Director that:

1. connects directly to 9-1-1; and

2. notifies an employee of the hotel when activated.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards:

A. General.

1. A circulation system consisting of pumps, piping, return inlets and suction outlets, filters, and all associated equipment shall be provided for the complete circulation of water. All new Public Pools and Public Spas must have separate dedicated filtering systems.

2. The time required for complete water turnover at Public Swimming Pools and Diving Pools must not exceed 480 minutes, at training pools must not exceed 240 minutes, at wading pools must not exceed 120 minutes, and at Public Spas must not exceed 30 minutes.

3. Circulation components must meet the standards established by both the A.N.S.I. and the National Sanitation Foundation. The circulation components must be installed per the manufacturer’s specifications and accessible for inspection, repair, or replacement.

4. Swimming Pool inlets and outlets must be provided and arranged to produce a uniform circulation of water so as to maintain water clarity and a uniform disinfectant residual throughout the pool.

5. In Public Spas, when only one skimmer is provided, the main drain and skimmer must be connected prior to any valves to prevent entrapment.

B. Inlets - All Swimming Pools.

1. All inlets must be adjustable for flow regulation and located either in the wall at least 12" below normal water level or in the floor of the pool.

2. Inlets must be provided at a minimum rate of one for every 20' of wall perimeter or fraction thereof.

3. Inlets must not be less than 1 ½" in diameter.

4. Inlets from the circulation system must be designed so as not to constitute a hazard to the patron.

C. Outlets - All Swimming Pools.

1. At Public Swimming Pools utilizing side-wall inlets, main drain outlets must be provided in the deepest part of the pool to drain the pool and to return at least 30% of the design rate of flow to the filtration system.

2. At Public Swimming Pools utilizing bottom inlets, main drains must be in the deepest part of the pool.

3. When the main drain outlets are used for pool pump suction, they must not be spaced more than 20' on center. An outlet must not be more than 15' from each side wall. Main drain sumps must be hydrologically based.

4. All main drain sumps and covers must conform with the federal requirements of the Virginia Graeme Baker Act.

D. Surface Skimming Systems.

1. A surface skimming device must be provided at all Public Pools to receive water and floating material from the pool surface as part of the circulation system.

2. The size of the surface skimming system must accommodate at least 70% of the design rate-of-flow when side wall inlets are used, and 100% of the design rate-of-flow, when bottom inlets are used.

3. The surface skimming system must be designed and constructed to skim the pool surface when water level of the pool is maintained at the operating level of the rim or weir device.

4. When a perimeter or gutter system is used, it must extend around the entire perimeter of the pool. Gutters must be located near the top of the pool and designed so that the channel is accessible for cleaning and presents no hazard to the patron. The lip of the gutter must be level throughout the pool and designed to serve as a handhold for patrons. The gutter bottom must slope toward outlets spaced no more than 15' apart. The outlet drains must not be less than 2" in diameter and the total open area of the grating must be at least 1 1/2 times the cross-section of the outlet pipe. Connection to the suction side of the circulation pump must be through a surge tank.

5. Floating weir type skimmers must be recessed into the pool walls. There must be one skimmer provided for each 30' of pool perimeter. Every outdoor pool must be equipped with at least 2 skimmers located in opposite corners, one of which is the north or northeast corner. The skimmers must come equipped with a device for regulating the water flow through the outlet pipe. All new and replacement skimmers must conform with the federal requirements of the Virginia Graeme Baker Act.

6. In wading pools which use floating weir type skimmers, only one skimmer will be required when any of the following conditions are met:

a. All pool dimensions are less than 20'.

b. The surface area is less than 200 square feet.

c. The additional skimmer would provide a rate-of-flow less than 1.67 gallons/minute per inch of weir.

d. The skimmer equalizer line is connected to the main drain sump.

e. The skimmer suction line and the main drain line are connected prior to any valves.

E. Piping System.

1. The piping system must be designed so that it is possible to fill the pool, circulate the pool water through the treatment equipment, return it to the pool, wash the filters, discharge filtered water to waste, drain the entire system, disinfect the circulated water, add other necessary chemicals, and heat the pool water where heating units are provided.

2. All pool piping must be supported by piers, hangers, or other means.

3. All pipes must be capable of being drained or otherwise protected from damage caused by freezing.

4. The piping system in the filter room must be labeled by color coding, permanently tagged valves, or other means. It must be accompanied by a corresponding diagram outlining proper operation and backwash procedures.

5. The water from all new and remodeled Public Swimming Pools and Public Spas must be circulated through a separate, properly sized, and approved filter system.

6. At all installations where water from the pool is returned to an equipment room located below the normal water level of the pool, control valves must be installed on the suction manifold and the return line.

F. Pumps.

1. The pumping equipment must have the ability to circulate the pool water at the required circulation rate at or near maximum efficiency against the maximum total dynamic head developed immediately prior to washing of the filters.

2. Self-priming pumps must be provided when the elevation of the pumps is higher than the normal water level in the pool.

3. Pumps must be accessible for inspection and service. Replacement parts must fit with existing parts in the pump without the need for redrilling mounting holes or otherwise altering the replacement part of the pump.

4. The motor frame must contain adequate provision and be properly grounded.

5. Pumps used on Public Swimming Pools must meet the safety performance requirements of A.N.S.I. and the National Sanitation Foundation standards covering pumps.

6. A cleanable strainer shall be provided upstream of the circulation pump(s) to remove solids, debris, hair, lint, etc., on all pressure filter systems.

7. A spare strainer basket must be provided for each unit.

G. Filtration.

Circulation systems must be equipped with filters which pass the water and retain the suspended matter and have the following characteristics:

1. Filter requirements - General.

a. Filters must be designed to maintain pool water under anticipated operating conditions in accordance with 51.00.01.09A.2 of this regulation.

b. Filters must be designed so that filtration surfaces can be inspected and serviced.

c. Filters must meet the standards established by both the A.N.S.I. and National Sanitation Foundation.

2. Design Rates.

Maximum flow rate of filters must not exceed the requirements established by both the A.N.S.I. and National Sanitation Foundation.

3. On pressure type filters, a pressure gauge or gauges with an appropriate range must be provided.

4. A means must be provided to permit release of air which enters the filter tank. Any filter incorporating an automatic internal air release as its principal means of air release must have lids which provide a slow and safe release of pressures as a part of its design and must have a manual air release in addition to automatic releases. Any separation tank used in conjunction with a filter tank must have a manual means of air release or a lid which provides a slow and safe release of pressures as they are opened as a part of its design.

5. Separation tanks must have a precautionary statement warning the user not to start up the filter pump without first opening the air release unless automatic air vents are a part of the tank and t system. The statement must be visible and noticeable within the area of the air release.

6. Filters must be sized to accommodate or exceed the design flow rate of the system as per manufacturer instructions.

7. Public Pools utilizing cartridge type filters must provide a second complete set of approved filter elements.

8. A tub of sufficient size to hold 1 complete set of filter elements must be provided for cleaning cartridge filter elements.

H. A suction type cleaner must be provided for each pool site.

1. If the suction cleaner is operated by the circulation pump, the suction cleaner line must be connected ahead of the hair and lint catcher. Sufficient pool connections must be provided to allow easy access to all parts of the pool bottom with the cleaner.

2. Portable cleaners may be approved by the Approving Authority.

I. Waste Water Disposal.

1. Backwash water must be discharged into a sanitary sewer or by other means approved by the Approving Authority. No direct connection is permitted between the backwash line and sanitary sewer.

2. A holding tank of sufficient size to handle a backwash volume (minimum 2 minute volume) must be provided. The holding tank must provide an appropriate air gap from the end of the backwash line and connect to sanitary sewer by a maximum 2" pipe.

J. Suitable equipment capable of feeding disinfectants, coagulants, chemicals for pH adjustment, and other required chemicals to the water being circulated must be provided in all pools.

1. Sanitizing equipment must meet the standards established by both the A.N.S.I. and National Sanitation Foundation and be capable of introducing a sufficient quantity of approved sanitizer to maintain the appropriate levels, required under all conditions of intended use.

2. Public Swimming Pools must have independent sanitizing feed systems. Supplemental feeding of sanitizers via the skimmer are prohibited when the pool is in use. Un-dissolved sanitizer must not be present within the skimmer when the pool is in use. Chemical feeders must be installed in accordance with the manufacturer’s specification.

a. Chemical feed pumps must be wired so they can not operate unless there is adequate return flow to properly disburse the chemical throughout the pool as designed.

b. Chemical feed pumps that are controlled by automatic sensing devices must have another redundant method to ensure pumps will not operate when there is inadequate flow.

3. Solution containers of sufficient size to adequately serve the pool and constructed of corrosion resistant material must be provided for each machine head of the positive displacement type feeder.

4. No chemical feeder may feed more than one pool.

5. The use of chlorine gas feeding equipment must be approved by the Approving Authority prior to installation.

6. The use of sodium hypochlorite as a sanitizer in an elevated pool application (rooftop) must be approved by the Approving Authority prior to installation.

K. Rate-of-flow meters must be installed on all circulation systems.

1. There must be no impediments to flow upstream and downstream from the indicators for distances according to the manufacture’'s directions.

2. Meters must be placed to separately measure the flow to each pool.

3. Rate-of-flow meters must be of types which:

a. read directly in gallons per minute;

b. have a scale that is permanently etched and calibrated by the manufacturer and covers the range in which the system will operate; and

c. are capable of measuring between 90% of the minimum required flow rate and 110% of the maximum flow rate of the filter(s).

L. Sight glasses must be provided on all backwash lines.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards:

A. The method of heating the pool water must produce a reasonably uniform water temperature throughout the pool and must not endanger the patrons because of excessive heat or electrical shock.

B. Heat exchangers must be designed to heat all or part of the circulated water and must be provided with easily readable thermometers mounted on the return line after the heater effluent line(s). Heaters at indoor pools must be capable of maintaining the temperature of the pool water at not less than 74° F.

C. At Public Swimming Pools, an automatic temperature limiting device which will prevent the introduction of water in excess of 88° F. must be provided.

D. At Public Spas, an automatic temperature limiting device which will prevent the introduction of water in excess of 104° F. to the pool must be provided.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards

A. Space.

1. Equipment areas or rooms must provide sufficient space and sufficient clearances between pieces of equipment as well as between equipment and walls, floor, and ceiling to permit:

a. The maintenance, operation, and replacement of equipment;

b. Storage of chemicals and supplies without blocking access to equipment;

c. Free drainage of water to points of disposal; and

d. Cleaning of the room or area.

2. There must be a minimum clearance of 16" for maintenance and 6" for operation.

B. Access.

1. Equipment areas must be made inaccessible to the patrons by means of separate enclosed rooms or buildings. Entrance to the areas must be through lockable doors only.

2. Equipment areas must be easily accessible to the. operator from the deck. Access must be provided in any barrier located along the most direct route to the equipment. Steps or ladders must be provided at the equipment area if it lies at a different elevation from the deck.

C. Construction.

1. Floors of equipment areas must be finished in concrete or other impervious material and sloped to a drain so that no accumulation of water will occur.

2. Natural or mechanical ventilation sufficient to maintain the equipment room in a relatively dry condition must be provided.

3. Sufficient artificial light (20 footcandles minimum) to make controls and valves clearly visible must be provided.

4. Off the floor shelving of sufficient strength to handle the storage of chemical containers must be provided and constructed of a nonporous material.

With the exception of Saturdays and Sundays between the hours of 11:00 a.m. and 7:00 p.m., lifeguards are not required to be on duty at 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:

A. the hotel is properly licensed under Chapter 54;

B. the hotel posts warning signs that meet the following:

1. 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;

2. a safety sign is posted in a permanent location adjacent to a hotel in compliance with the American National Standard for Public Spas;

3. the safety sign includes the user load of the pool;

4. a chemical warning sign is posted at the entrance door to a chemical storage area and includes the text "Caution! Chemical Storage Area";

5. a chemical vat, feeder, pump, and line is labeled to identify the chemical in use;

6. a chlorine gas warning sign reading "Danger—Chlorine Gas" is posted at the entrance to a chlorine gas feed room and storage area;

7. other warning, health advisory, and safety signs are posted, as required by Executive Regulation, if necessary to protect the public health and safety; and

8. 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 15 are not permitted to use the pool without adult supervision"; and

C. the pool area has a functional and visible emergency alert system approved by the Director of the Department of Health and Human Services that:

1. connects directly to 9-1-1; and

2. notifies an employee of the hotel when activated.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards

A. General.

1. All Public Swimming Pool installations, except those on the premises of motels or other transient residences must include an adjacent bathhouse equipped with showers, toilets, sinks, and dressing rooms.

2. When pool memberships are offered or to be offered at Swimming Pools exempted above, the necessary bathhouse must be provided.

B. Layout.

1. The bathhouse must be laid out so that patrons must pass the showers before entering the pool.

2. The bathhouse must contain space reserved for the manager's use and for first aid equipment and treatment.

C. Construction.

1. Floors of the bathhouse must be continuous throughout the area and relatively smooth, but with a slight texture to minimize slipping. To ensure complete draining, the floor of the bathhouse must be sloped not less than 1/4" per foot toward drains.

2. All partitions between the dressing room area, screen partitions, shower, toilet, and dressing room booths must be of durable material not subject to damage by water, and so designed that a water way is provided between the partition and floor to permit thorough cleaning of the floor areas with hoses and brooms and to increase circulation of air.

3. Lockers, wire baskets, hangers, hooks, or other sanitary means of storing clothing and personal accessories must be provided at each bathhouse.

D. Light and Ventilation.

1. The bathhouse must be artificially illuminated to an intensity of not less than 15 footcandles on all parts of the floor surface at any time. All lights must be protected from breakage by a shatterproof shield.

2. The bathhouse must be provided with natural or mechanical ventilation to permit the maintaining of reasonably dry conditions.

E. Showers, Toilets, and Lavatory Facilities.

1. Minimum sanitary facilities must be provided. The minimum criteria for bathhouse plumbing fixtures is based upon the anticipated maximum attendance of patrons. Plumbing fixtures for either sex is based upon a ratio of 50% of the total number of bathers being male and 50% being female, except where the pool is confined to use by one sex only, wherein 100% of plumbing fixture requirements must be provided for that sex.

2. A minimum of one toilet stall, one sink, and one urinal must be provided for each 100 male bathers or fraction thereof.

3. A minimum of two shower heads must be provided for the first 100 males or fraction thereof. One shower head must be provided for each additional 100 male bathers or fraction thereof. Up to 50% of the required number of showers may be placed on the pool deck.

4. A minimum of two toilet stalls and sinks must be provided in each bathhouse building for the first 100 females or fraction thereof. One additional water closet and sink shall be provided for each additional 100 females or fraction thereof.

5. A minimum of two shower heads must be provided for the first 100 females or fraction thereof. One shower head must be added for each additional 100 females or fraction thereof. Up to 50% of the required number of showers may be placed on the pool deck.

6. Water temperature from all shower heads must be between a minimum of 90°F and a maximum of 115°F, and must be protected by an approved pressure balanced anti-scald device. A minimum flow rate of 2 gpm is required at all showerheads.

7. A soap dispenser must be provided at each sink and shower and the dispenser must be of all shatterproof construction.

8. Mirrors must be provided and must be shatterproof. Toilet paper and holders must be provided at each toilet stall.

9. Fixtures must be installed in accordance with the Washington Suburban Sanitary District Plumbing and Gas Fitting Code or other applicable plumbing code and must be protected against back siphonage.

10. Fixtures must be designed so that they may be readily cleaned. Frequent cleaning and disinfecting must not cause damage.

11. Trash containers must be provided in both men's and women's bathhouses. Covered trash receptacles must be provided in the women's bathhouse.

12. Hose bibs must be provided in the bathhouse so that the dressing rooms, showers, and toilet areas can be cleaned.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards:

No food or drink is permitted in the Swimming Pool or on the decks within 6 feet of the pool. Trash containers must be provided throughout the immediate premises. A separate permit is required for the preparation and serving of food and drink under regulations governing Eating and Drinking Establishments.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards:

If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

This regulation takes effect immediately upon the adoption of a resolution of approval by the County Council.

The section of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing definitions is incorporated for the definitions of this regulation unless superseded or amended by the following definitions:

1. Approving Authority means the Director of the Department of Health and Human Services or the Director’s designee. The Approving Authority is referred to as the “Director” in this document.

2. Backboard means a device used to stabilize injured patrons in the water.

3. Backwash Chart means a written step-by-step procedure describing the method for backwashing a recirculation system. The Backwash Chart must include pipe and valve coding or labeling information.

4. Chapter 51 means Montgomery County Code Chapter 51: Swimming Pools.

5. Closed means anytime when patrons are prohibited from entering the water or. if necessary, the immediate premises of a pool due to the existence of one of the summary reasons for closure as listed in 51.00.02.10.A.

6. CPR means Cardiopulmonary Resuscitation.

7. Data Sheet means a document posted in the equipment room, which provides the following information regarding the physical attributes of each Swimming Pool:

a. Water volume (gallons);

b. Water Surface Area (square feet);

c. Pool Perimeter (linear feet);

d. Designated Flow Rate (gallons per minute);

e. Designed Turnover Time;

f. Bather Load (Maximum Capacity);

g. Water Depths; and

h. Number of Returns (inlets).

8. Director means the Director of the Department of Health and Human Services or the Director’s designee.

9. Hazard means a condition or situation that could cause injury or illness to a patron or pool personnel.

10. Hotel has the same meaning as in Code §54-1.

11. Immediate Control means when the assigned Pool Operator is on the pool premises or able to report to the pool premises, if requested, within 15 minutes of notification by the Director.

12. Immediate Premises means the area within the enclosed boundaries of the pool site.

13. Immediate Supervision means when a Water-Safe person is no more than arm’s length from and continually observing a non Water-Safe person. The Water-Safe person is in addition to the Lifeguard.

14. Imminent Hazard means a condition or situation that must be immediately corrected to prevent injury or illness to a patron or pool personnel and requires closure of a Swimming Pool until the condition or situation no longer exists.

15. Lifeguard means a person at least 15 years old and in possession of a valid lifeguarding certificate from the American Red Cross, the Young Men’s Christian Association, or a comparable program approved by the Director.

16. Open means any time patrons can be admitted to the immediate premises, including swim team practices and competitions.

17. Owner means any person, cooperative, association, partnership, firm, corporation, public agency or authorized agent, excluding a Pool Management Company, under whose authority the Swimming Pool is being constructed, remodeled, reconstructed, or operated. For the purposes of serving a notice of violation of Chapter 51, the person who is present and in charge of the operation of the pool is considered an agent of the Owner.

18. Patron means any person using a Public Swimming Pool, the adjoining deck area, or the immediate premises for the purposes of water sports, recreation, therapy, or related activities.

19. 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 but not limited to one or more of the following:

a. Assuring compliance with all operating standards set forth in Chapter 51 and all rules and regulations promulgated under that Chapter;

b. Providing for the physical maintenance, supplies, and personnel as required by Chapter 51 and all rules and regulations promulgated under that Chapter; and

c. Obtaining all necessary permits and licenses.

20. Pool Operator means any person in possession of a valid Montgomery County Pool Operator’s license who is in the Immediate Control of the operation of a Public Swimming Pool.

21. 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, or guests; and

d. not used for swimming, diving, or wading.

22. Private Swimming Pool means any Swimming Pool that is:

a. built on the grounds of a single family residence; and

b. used solely by the Owner, immediate family, tenants, and guests.

23. Public Swimming Pool means any Swimming Pool, except a Private Swimming Pool or Private Spa, which is intended to be used collectively by a number of persons for swimming, diving, wading, or recreational bathing. Public Swimming Pools include:

a. A Public Swimming Pool that is:

1. not a Public Spa; and

2. is intended for public recreational use such as swimming, diving, wading, therapy, competition or associated activity.

b. A Public Spa that is:

1. intended for public recreational and therapeutic uses other than swimming, diving, or wading; and

2. is not drained, cleaned, or refilled for each user.

24. Ready-To-Rescue means when a Lifeguard is attired in clothing appropriate to conduct the job duties; positioned so there is an unobstructed view of the pool floor; actively observing patrons in the water; and who has appropriate lifesaving equipment at hand.

25. Required Flow Rate means the minimum rate of flow for the recirculation system of a Public Swimming Pool as determined by the Montgomery County Manual on Swimming Pool Construction.

26. Spa Guard means an individual in possession of an approved current certification in infant, child, and adult CPR and first aid from an approved organization.

27. Spray Pool means any shallow pool into which treated water is sprayed but not allowed to accumulate. A Spray Pool is considered a Public Pool for the purposes of these regulations. A Spray Pool may also be referred to as an “interactive fountain.”

28. Swimming Pool, public or private, 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. A Swimming Pool includes all associated 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.

29. Wading Pool means a Public Swimming Pool that is a maximum of 24 inches deep and primarily intended for use by children.

30. Water Rescue means when a Lifeguard must enter the water with rescue equipment to assist a patron in distress, with or without the need to contact emergency personnel.

31. Water-Safe means being able to swim and capable of exercising proper judgment in taking action for self-preservation under emergency conditions.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards:

A. Operating Permit.

1. It is the joint responsibility of the Owner and the Pool Management Company to submit an annual application to operate a Public Swimming Pool and pass a pre-opening inspection prior to operating the Public Swimming Pool.

2. If a Public Swimming Pool has closed for the season, an opening inspection must be conducted by and approval obtained from the Director prior to an Owner or Pool Management Company operating the pool.

3. A valid Montgomery County Swimming Pool permit must be posted on the immediate premises of the Public Swimming Pool.

B. Pool Management Company Registration.

1. It is the responsibility of the Pool Management Company to submit an annual application to manage a Public Swimming Pool.

2. A Pool Management Company must post a valid registration permit on the immediate premises of the Public Swimming Pool.

C. Pool Operator and Lifeguard Certification.

Pool Operators, Lifeguards, and Spa Guards must be in possession of original documentation of their qualifications when they are on duty at the Public Swimming Pool.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing water chemistry, disinfection, and circulation systems are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards:

A. Filtration.

When any Public Swimming Pool is open, it is the joint responsibility of the Owner, Pool Operator, and Pool Management Company to comply with the following:

1. Water in the Public Swimming Pool must be of sufficient clarity so that the main drain is clearly visible from the closest lifeguard chair or the furthest edge of the Public Swimming Pool, if the Public Swimming Pool has no lifeguard chair;

2. Floating or sunken debris, algae, dirt, filter media, or filter aids must not be present in the Public Swimming Pool; and

3. The circulation system must operate between the minimum Required Flow Rate and the manufacturer’s listed filter capacity, as indicated on an approved flow meter.

B. Chemical Treatment.

At all times when the Public Swimming Pool is open, it is the responsibility of the Owner, Pool Operator, and Pool Management Company to comply with the following:

1. Chemical levels.

a. Public Swimming Pool (Except Wading, Spa, Spray, and Therapy Pools):

1. pH a minimum of 7.2 and a maximum of 7.8;

2. Free chlorine a minimum of 1.5 ppm and a maximum of 10.0 ppm; and,

3. Total bromine a minimum of 3.0 ppm and a maximum of 8.0 ppm;

b. Public Wading. Spray, and Therapy Pools:

1. pH a minimum of 7.2 and a maximum of 7.8;

2. Free chlorine a minimum of 3.0 ppm and a maximum of 10.0 ppm; and,

3. Total bromine a minimum of 4.0 ppm and a maximum of 8.0 ppm;

c. Public Spas:

1. pH a minimum of 7.2 and a maximum of 7.8;

2. Free chlorine a minimum of 4.0 ppm and a maximum of 10.0 ppm;

3. Total bromine a minimum of 4.0 ppm and a maximum of 8.0 ppm; and

d. Cyanuric acid a maximum of 80 ppm in any stabilized pool.

2. Tests for pH, free chlorine, and total bromine residuals must be performed and recorded at least once every hour when the pool is open. The initial tests must be performed prior to opening the pool to patrons to insure compliance with 51.00.02.03.B. Tests for cyanuric acid must be performed and recorded at least once a week prior to opening the pool to patrons and after any cyanuric acid treatment.

3. Any chemicals used in the Public Swimming Pool water must: (a) be non-toxic to persons in the concentrations found in the water and (b) be clearly labeled with directions for use.

4. A convenient method must be provided to measure the effective concentration of the chemical in the water.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety, operator certification, user load, suction entrapment prevention, toilet hand sink, and shower facilities, and diving areas and equipment are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards:

A. Staffing Requirements.

1. At least one Lifeguard in possession of a valid infant/child/adult or professional rescuer CPR certificate and a valid first aid certificate must be on the immediate premises when the Public Swimming Pool is open. For hotels exempted under 51.00.02.04.A.6.c. of this regulation, an employee with a valid infant/child/adult CPR certificate must be on the premises of the hotel when the pool is open for use and no lifeguard is on duty.

2. It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company to provide a licensed Montgomery County Pool Operator who is on site or who is in Immediate Control. A Montgomery County Pool Operator must be available to respond to operational problems within 15 minutes when not available on site.

3. If a Public Swimming Pool permit is summarily suspended two times in a licensure period for any of the conditions stated in 51.00.02.10.A. of this regulation, a Pool Operator must remain on the premises any time the pool is open, for the remainder of the licensure period.

4. It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company to ensure a camp or day care is properly supervised at a Public Swimming Pool in accordance to COMAR 10.17.01.

5. A person may fulfill the function of both a Lifeguard/Spa Guard and Pool Operator when such duplication can be accomplished without adversely affecting the safety of patrons and the operational standards of the Public Swimming Pool.

6. Lifeguards.

a. Public Swimming Pool.

1. It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company of every Public Pool to provide at least one Ready-To-Rescue Lifeguard on the pool deck observing the Public Pool when the Swimming Pool is open.

2. A Lifeguard must have an unobstructed view of the Swimming Pool bottom and their field of vision must not exceed 90 degrees to the right or left when patrons are permitted in the water.

3. When a break is called, a Lifeguard must continue to be Ready-To-Rescue until all patrons have left the water.

4. The Director may require additional Lifeguards to be Ready-To-Rescue or restrict swimming to any portion of any Swimming Pool if the safety of the patrons is deemed to be at risk.

5. An Owner, Pool Operator, or Pool Management Company may use a Lifeguard on the deck of a Swimming Pool to monitor an adjacent Wading Pool provided the Wading Pool is not the only Swimming Pool at the facility and the Wading Pool can be observed from the Swimming Pool deck.

6. Public Spray Pools are exempt from the Lifeguard requirements in this subsection.

b. Public Spas.

It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company of every Public Spa to provide at least one Spa Guard on the immediate premises when patrons are permitted in the water. The Spa Guard must be trained in performing the chemical tests required in COMAR 10.17.01 and stated in this Executive Regulation.

c. Hotel.

51.00.02.04: A.6. Lifeguards, except for on Saturday and Sunday between 11:00 a.m. and 7:00 p.m., 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;

2. the hotel posts 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 hotel pool 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 15 are not permitted to use the pool without adult supervision”; and

3. the pool area has a functional and visible emergency alert system approved by the Director that:

a. connects directly to 9-1-1; and

b. notifies an employee of the hotel when activated.

B. Occupancy.

It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company of every Public Swimming Pool to comply with the following:

1. The number of patrons within the immediate premise must not exceed the limit established by the Montgomery County Manual on Public Swimming Pool Construction and the number of patrons in the water must not exceed the number that can be safely supervised by the Lifeguards or that exceeds the limit established in COMAR 10.17.01.

2. A visibly posted set of rules must be established and printed legibly on a backing of durable and water-resistant construction. It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company to enforce the rules which must include prohibiting patrons from:

a. Introducing dirt, excreta, foaming agents, soaps and other extraneous matter into the water;

b. Bringing dangerous objects and materials in the immediate premises;

c. Unsafe acts, both in and out of the water;

d. Entering the pool water if patrons exhibit signs of infection or are otherwise shown to be a contamination risk;

e. Entering the pool water if patrons are not demonstrably Water-Safe or under the Immediate Supervision of a Water-Safe person;

f. Entering the pool water if patrons are incontinent unless such individuals are clothed in snugly fitting water-proof pants which are designed to prevent the introduction of fecal matter into the pool and are worn over any type of diaper, including swim diapers;

g. Swimming without a Ready-To-Rescue Lifeguard present on the deck of a Public Swimming Pool;

h. Bringing any animal, other than a registered service animal, onto the immediate premises or allowing any animal to enter the pool water; and,

i. Possessing food and beverage on the pool deck in an area other than that established in 51.00.02.07.D. This requirement does not include plastic bottled water brought by a patron for personal consumption.

3. Public Spas.

In addition to 51.00.02.04, B.1 and 2 above, it is the joint responsibility of the Owner, Pool Operator, and Pool Management Company to visibly post and enforce the following rules which prohibit patrons:

a. From staying in the water for periods in excess of 15 minutes if the water temperature is from 98°F to 104°F. A minimum interval of 5 minutes must be spent out of the water for every 15 minutes in the water;

b. Under 5 years of age;

c. Who are pregnant or have a history of heart disease, diabetes, or circulatory problems, unless a physician has been consulted before using the spa.

C. Hazards.

It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company of every Public Swimming Pool to correct a hazard within the time frame specified by the Director.

D. Imminent Hazards.

It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company to close a Public Swimming Pool when an imminent hazard exists.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing test kits, decks, and public pool and spa safety are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards:

It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company to provide the following at each Public Swimming Pool:

A. Safety & Rescue Equipment - All Public Swimming Pools.

1. A first aid kit as recommended by the American Red Cross and the following:

5 - 4 inch gauze pads

2 - Eye dressing pads

1 - Pair of Scissors

1 - Tweezers

1 - Face mask with one-way valve for performing CPR

Disposable latex plastic gloves

2. Two twin size blankets for emergency use only;

3. A telephone that meets the requirements of COMAR 10.17.01.40 (2013). The facility’s telephone number must be clearly posted. If a cellular telephone is used, the phone must be the property of the Owner or Pool Management Company, adequately charged, functioning, available to patrons and pool personnel, only used for emergencies, and remain at the Swimming Pool when the Public Swimming Pool is open;

4. A bloodborne pathogen control kit;

5. Testing equipment for pH and the approved chemicals in use must be provided. The testing equipment must be in proper working condition and capable of reading free chlorine residual or total bromine on a scale containing a minimum of 1.0 ppm increments with a range of 1.5 ppm to 10.0 ppm chlorine or 3.0 ppm to 8.0 ppm bromine inclusive, and pH values on a scale containing 0.2 increments with a range of 7.2 to 7.8 inclusive; and

6. A means for disabled patrons to enter and exit any indoor Public Swimming Pool or a Public Swimming Pool constructed after February 10, 1997 and all Montgomery County-owned pools. Any handicapped accessible equipment must be in good working condition.

7. An Automated External Defibrillator (AED) in good working condition and current registration with the Maryland Institute for Emergency Medical Services Systems Automated External Defibrillator Public Access Program.

B. Safety & Rescue Equipment - Public Pools.

1. One or more lightweight but strong poles that are not less than 12 feet in length and equipped with blunted ends to assist or rescue patrons;

2. An approved Backboard designed for medical emergency use equipped with three quick release straps and a head immobilizer; and

3. A rescue tube for each Ready-To-Rescue Lifeguard.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing operating records and injury and illness reports are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards.

It is the responsibility of the Owner, Pool Operator, and Pool Management Company of all Public Swimming Pools to comply with the following:

A. An operational log must be must be available at all times for inspection. An operational log must include the information required in COMAR 10.17.01 (2013) and:

1. Approved disinfectant residuals recorded at one hour intervals and prior to opening for the day;

2. pH levels recorded at one hour intervals and prior to opening for the day;

3. Cyanuric acid concentration (if in use) recorded once weekly for a public pool and daily for a Public Spa and after each addition of cyanuric acid, when the level is stabilized; and

4. The reason a Public Swimming Pool was closed (if appropriate) and any action taken as a result of the closure.

B. All Public Swimming Pool equipped with an approved Vacuum Release System (VRS) must be tested and recorded daily prior to opening.

C. An Injury and Illness Report form must be completed and submitted to the Director as required in COMAR 10.17.01.

The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing decks, plumbing, disinfection of towels, antiscald protection for showers, equipment rooms, and maintenance are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards:

It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company of all Public Swimming Pools to comply with the following:

A. Decks and Immediate Premises.

1. Decks must be clean and free of algae, debris, and ponded water.

2. The immediate premises must be kept free of trash and glass.

3. A sufficient number of covered, cleanable waste containers must be placed in the bathhouse and within the immediate premises. Waste containers must be emptied at sufficient intervals to keep them from overflowing.

4. All drinking fountains, foot showers, and deck drains must be in good working condition.

B. Bathhouse and Restrooms.

1. All facilities within the bathhouse and restrooms must be in good working condition and maintained in a clean and sanitary manner. A sanitary napkin disposal container must be provided in the women’s bathhouse.

2. Hot water, at least 90°F and less than 115°F, must be provided at each shower and, for Public Swimming Pools constructed after the effective date of this regulation, each hand sink must have at least 90°F of hot water.

3. The following must be provided in a bathhouse restroom:

a. Soap in a dispenser at each shower;

b. An adequate supply of soap in a dispenser and paper towels or other approved hand drying device at hand sinks and;

c. Toilet paper at each toilet.

4. Swimsuits may not be provided by a Public Swimming Pool facility unless the recipient becomes the sole owner of the suit and is responsible for its care and cleaning.

5. Towels provided by a Public Swimming Pool must be properly washed and disinfected after each use. A covered, cleanable container must be provided to collect soiled towels. Clean towels must be stored in a sanitary manner.

C. Equipment Rooms.

1. Filter and pump rooms must be kept clean, uncluttered, and reasonably dry at all times. Chemical spills, waste material, excess water, and debris must be promptly removed. Supplies and chemicals must be stored in labeled containers.

2. Controls, valves, and gauges must be accessible. Valves and gauges must be in good working condition and labeled in accordance with the Backwash Chart.

3. Filter and pump rooms must be adequately lighted so that all controls, valves, and gauges can be easily identified and read.

4. Filter and pump rooms must be adequately ventilated to control excessive heat and vapor.

5. A Backwash Chart and Data Sheet must be provided.

6. The elements of cartridge filter systems must be cleaned and/or replaced according to the manufacturer’s recommendation.

7. A complete second set of cartridge filter elements must be provided on site along with container(s) of sufficient size to hold these elements.

8. The backwash waste water and waste water from the cleaning of cartridge filters must be discharged into an approved sanitary sewer system.

9. A chemical warning sign is posted at the entrance door to a chemical storage area and includes the text “Caution! Chemical Storage Area”.

10. A chemical vat, feeder, pump, and line is labeled to identify the chemical in use.

11. A chlorine gas warning sign reading “Danger–Chlorine Gas” is posted at the entrance to a chlorine gas feed room and storage area.

D. Eating and Drinking.

When food or drink is allowed on the immediate premises, all such food and drink (with the exception of plastic containers of beverages) must be consumed in an area that is at least 6 feet from the Swimming Pool’s edge. If the Owner plans to sell or serve food or drink (including at swim meets), a food service facility permit is required by the Director.

It is the joint responsibility of the Owner, Pool Operator, and any retained Pool Management Company to provide a written emergency plan accessible to pool personnel and to train the personnel on implementing the plan. The emergency plan must include procedures for managing emergencies and must be readily accessible to pool personnel.

The Director must be allowed to inspect any part of a Public Swimming Pool during operational hours.

Whenever an inspection of a Public Swimming Pool is made, the findings must be recorded on the inspection report form currently authorized by the Director. One copy of the inspection report form must be furnished to the Pool Owner, Pool Operator, or Pool Management Company representative. The inspection report form must provide a specific and reasonable period of time for the correction of violations.

When the Director is denied entry to the pool to make any lawful inspection pursuant to Chapter 51 of the Montgomery County Code or these regulations, the Director may immediately suspend the Swimming Pool permit and order the pool to be immediately closed pending final resolution of the matter pursuant to the provisions of Section 51-13 of the Montgomery County Code.

A. When any of the following conditions are found to exist at a Public Swimming Pool, the pool operating permit must be suspended and the Public Swimming Pool closed until such time as the condition has been corrected and an inspection by the Director has been made or approval to reopen has been granted by the Director:

1. Unless exempted under 51.00.02.04.A.6.c., a Lifeguard is not on the pool deck and observing patrons in the water of a public pool, a Spa Guard is not on the immediate premise;

2. The main drain is not clearly visible from the nearest lifeguard chair or the furthest edge of the Swimming Pool, if the Swimming Pool has no lifeguard chair;

3. The free chlorine, total bromine, pH, other approved disinfectant residual, or cyanuric acid concentration in the pool water are other than specified in COMAR 10.17.01;

4. The circulating equipment is not working properly for more than one hour;

5. The water level is below the skimmers in pools using this method of circulation;

6. The chemical disinfectant feeder has not been functional for a period of 24 hours provided that the pH, free chlorine, total bromine, or other approved disinfectant residuals are maintained in accordance with COMAR 10.17.01;

7. The bathhouse or restroom drainage system is blocked sufficiently to render the bathhouse or restroom unusable, water is not available at sufficient pressure to operate the bathhouse or restroom, waste disposal systems are inoperable, unsanitary conditions exist or the bathhouse or restroom is unusable for other health or safety reasons;

8. The Director has been wrongfully denied permission to inspect the Public Swimming Pool pursuant to Chapter 51 and any regulations promulgated under that Chapter;

9. A licensed Montgomery County Pool Operator is not in Immediate Control of a Public Swimming Pool, as required.

10. The Director determines that an imminent hazard exists to the health or safety of the users of any Public Swimming Pool; or,

11. At least one Lifeguard or Spa Guard does not possess an approved CPR certificate and is not within the Swimming Pool enclosure, or an employee on the premises for hotels when exempted from the lifeguard requirement under 51.00.02.04.A.6.c.

B. When a Public Swimming Pool is closed for any of the above reasons it must remain closed pending:

1. Verification by the Director that all of the conditions which resulted in suspension of the permit have been corrected; or,

2. Presentation of evidence by the Owner, Pool Operator, or Pool Management Company, satisfactory to the Director, that such conditions either do not exist or do not constitute an imminent hazard.

The Owner, Pool Operator, or Pool Management Company whose Swimming Pool permit has been suspended, must make application for a re-inspection and pay any required re-inspection fee for the purpose of reinstatement of the permit.

Within 10 business days following the submission of the application and fee, the Director must either make an inspection or otherwise determine whether the conditions causing the suspension have been corrected. If the Director finds that the Public Swimming Pool complies with Chapter 51 and these regulations, the permit must be reinstated.

A decision of the Director revoking or suspending a permit, license, or registration may be appealed to the County Board of Appeals within 10 days from the receipt of the decision.

If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

This regulation takes effect immediately upon the adoption of a resolution of approval by the County Council.

Swimming Pool Operating Permit (each pool) $650.00

Swimming Pool Operating Permit > 100 K gallons $760.00

Swimming Pool Operating Permit Wading Pools $ 75.00

Swimming Pool Plan Review $480.00

Swimming Pool Equipment Replacement Review $260.00

Pool Operator's Test $ 40.00

Pool Operator's License

One Year $ 40.00

Two Years $ 70.00

Three Years $ 90.00

Reinspection $100.00

after normal work hours $150.00

Pool Management Company Registration (each location) $ 55.00

Duplicate Permit, License, Registration $ 10.00

This regulation takes effect on July 1, 2011.