Title 11
Swimming Pools
Subtitle 1
Definitions; General Provisions
§ 11-101. Definitions.
(a) In general.
In this title, the following terms have the meanings indicated.
(b) Swimming pool.
(1) In general.
"Swimming pool" means any pool, hot tub, spa, or other body of water that is used for swimming, diving, wading, therapeutic, or recreational bathing.
(2) Inclusions.
"Swimming pool" includes any body of water described in paragraph (1) of this subsection, whether:
(i) in-ground, above-ground, or on-ground; or
(ii) indoor or outdoor.
§ 11-102. Compliance with Swimming Pool and Spa Code.
In addition to the requirements of this title, all swimming pools must comply with the International Swimming Pool and Spa Code, as adopted and modified in Part XII of the City Building, Fire, and Related Codes Article.
Subtitle 2
Private Outdoor Swimming Pools
Part I
Definitions; General Provisions
§ 11-201. "Private outdoor pool" defined.
In this subtitle, "private outdoor pool" means any swimming pool that :
(1) is not a public swimming pool subject to Subtitle 3 {"Public Swimming Pools"} of this title; and
(2) is not totally contained within a building and surrounded on all sides by the building's walls.
§ 11-202. Purpose.
The purpose of this subtitle is to protect the inhabitants of the City, particularly children, from the hazards to life and safety inherent in unenclosed outdoor swimming pools.
§ 11-203. Scope of subtitle.
(a) In general.
This subtitle applies to all private outdoor pools in the City, whenever built.
(b) Subtitle sets minimum requirements.
This subtitle establishes minimum enclosure requirements only. All more stringent enclosure standards and other regulations imposed by the Building, Fire, and Related Codes Article of Baltimore City must be complied with to the extent applicable.
11-204 to 11-205. {Reserved}
Part II
Required Enclosure
§ 11-206. Fence or wall required.
Every outdoor swimming pool must be completely surrounded by a fence or wall that:
(1) is at least 42 inches high; and
(2) except for doors or gates:
(i) has no openings, holes, or gaps larger than 4 inches in any dimension; or
(ii) for a picket fence, has a horizontal distance between pickets of no more than 4 inches.
§ 11-207. Gates and doors.
(a) In general.
Except as specified in subsection (b) of this section, every gate or door opening through the enclosure must be equipped with a self-closing, self-latching device that keeps the gate or door securely closed at all times when not in actual use.
(b) Exception.
This section does not apply to the door of any dwelling house that forms a part of the enclosure.
§ 11-208. Owner and occupant responsible for compliance.
Compliance with the requirements of this subtitle is the duty, jointly and severally, of both:
(1) the owner of premises; and
(2) the person who occupies the land on which the outdoor swimming pool is located.
§ 11-209. Modifications.
(a) Individual cases.
In individual cases, the Department of Housing and Community Development may modify one or more of the requirements of this subtitle on a showing of good cause and satisfactory assurances that the degree of protection is not reduced.
(b) Alternative devices.
The Department of Housing and Community Development also may permit the use of protective devices or structures other than those specified in this subtitle, so long as the degree of protection is not reduced.
11-210 to 11-211. {Reserved}
Part III
Penalties
§ 11-212. Penalties: $500.
Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense.
Subtitle 3
Public Swimming Pools
Part I
Definitions; General Provisions
§ 11-301. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Person.
(1) In general.
"Person" has the meaning stated in § 1-107(a) {"Person: In general"} of the City Code's General Provisions Article.
(2) Qualified inclusion of governmental entities.
Notwithstanding § 1-107(b) {"Person: Exclusion"} of the General Provisions Article, in this subtitle "person" also includes, except as used in § 11-318 {"Penalties"} of this subtitle, a governmental entity or an instrumentality or unit of a governmental entity.
(c) Public swimming pool.
(1) In general.
"Public swimming pool" means:
(i) any swimming pool, other than as specified in paragraph (3) of this subsection, intended to be used collectively by individuals, regardless of whether a fee is charged for that use; and
(ii) all buildings and appurtenances used in connection with that swimming pool.
(2) Inclusions.
"Public swimming pool" includes:
(i) any community or apartment-complex swimming pool;
(ii) any hotel or motel swimming pool;
(iii) any school swimming pool;
(iv) any recreational center swimming pool; and
(v) any swimming pool owned or operated by a public or private club.
(3) Exclusions.
"Public swimming pool" does not include any swimming pool that is:
(i) located on private property;
(ii) under the control of the owner or lessee of that property; and
(iii) used only by the family and guests of that owner or lessee, without payment of any fee.
§ 11-302. Scope of subtitle.
This subtitle applies to all public swimming pools and to the buildings and appurtenances used in connection with them.
§ 11-303. General powers of Commissioner.
(a) Standards and criteria.
The rules and regulations that the Commissioner adopts under § 2-106 {"Rules and regulations"} of this article may include criteria, standards, and regulations for the design, operation, and maintenance of public swimming pools.
(b) Fees.
With the approval of the Board of Estimates, the Commissioner may establish fees for:
(1) the licenses issued under this subtitle; and
(2) the inspections and other services performed by the Commissioner in connection with the regulation of public swimming pools.
(c) Inspections.
The Commissioner may inspect a public swimming pool as necessary or appropriate to assure compliance with the requirements of this subtitle and the rules and regulations adopted under it.
11-304 to 11-305. {Reserved}
Part II
License Required
§ 11-306. In general.
No person may operate any public swimming pool in the City without a license to do so from the Commissioner of Health.
§ 11-307. Applications.
The application for a license must:
(1) be in the form that the Commissioner requires; and
(2) contain the information that the Commissioner requires.
§ 11-308. Issuance of license.
The Commissioner must issue a license to the applicant if:
(1) the public swimming pool complies with the criteria, standards, and regulations adopted by the Commissioner; and
(2) the applicant:
(i) has complied with all other applicable laws, rules, and regulations; and
(ii) pays the applicable license and inspection fee.
§ 11-309. Term of license.
(a) In general.
Public swimming pool licenses are issued on an annual or seasonal basis.
(b) Annual licenses.
Unless sooner suspended or revoked, an annual license expires on the 1st anniversary of its effective date.
(c) Seasonal licenses.
(1) Unless sooner suspended or revoked, a seasonal license is valid from May 1 to October 1.
(2) The application for a seasonal license must be submitted by April 1 of each year.
§ 11-310. License not transferable.
A license may not be transferred from place to place or person to person.
11-311 to 11-312. {Reserved}
Part III
Suspensions and Revocations
§ 11-313. In general.
Subject to the hearing provisions of Title 2, Subtitle 3 {"Administrative Hearings"} of this article, the Commissioner of Health may suspend or revoke any license issued under this subtitle if the licensee:
(1) has withheld or falsified any information; or
(2) neglects, refuses, or otherwise fails to comply with any provision of:
(i) this subtitle; or
(ii) a rule or regulation adopted under this subtitle.
§ 11-314. Immediate suspension.
(a) Order of suspension.
If the Commissioner discovers a violation that represents a health or safety hazard to users of a pool, the Commissioner may issue an order of immediate suspension to the licensee.
(b) Contents.
An order issued under this section must:
(1) cite the violation;
(2) specify the corrective action to be taken; and
(3) order all swimming operations to be discontinued immediately.
(c) Opportunity for hearing.
The notice must also state that a hearing will be provided to the licensee under Title 2, Subtitle 3 {"Administrative Hearings"} of this article, if one is requested.
11-315 to 11-316. {Reserved}
Part IV
Penalties
§ 11-317. Enforcement by citation.
(a) In general.
In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {"Environmental Control Board"}.
(b) Process not exclusive.
The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
§ 11-318. Penalties: $1,000 and 6 months.
(a) In general.
Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 6 months or to both fine and imprisonment for each offense.
(b) Each day a separate offense.
Each day that a violation continues is a separate offense.