2874                            County Local Laws

not been included therein, and if the person or circumstances to which
the Act or any part thereof is inapplicable had been specifically
exempted therefrom.

Sec. 3. This Act shall take effect on the 76th day following the
date on which it becomes law.

Effective: May 12, 1971

CHAPTER 45

(BILL NO. 49-70)

AN ACT to repeal in their entirety Chapter 105, title "Swimming
Pools," and Chapter 105A, title "Swimming Pools—Lifeguards,"
of the Montgomery County Code 1965, as amended, and to enact
in lieu thereof a new Chapter 105, title "Swimming Pools," to
provide standards for construction, operation and the fencing of
all swimming pools, and to prescribe safety standards, provisions
for lifeguards, together with the annual requirement of an oper-
ating permit for all public swimming pools.

Be It Enacted by the County Council for Montgomery County,
Maryland, that—

Sec. 1. Chapter 105, title "Swimming Pools," of the Montgomery
County Code 1965, as amended, is hereby repealed in its entirety
and a new Chapter 105, title "Swimming Pools," is hereby enacted
in lieu thereof to read as follows:

CHAPTER 105

SWIMMING POOLS
Article I. Construction; Operation; Permits; Safety Standards.

105-1. Definitions.

For the purpose of this Article, the following definitions shall
apply:

(a)    Approving Authority. The County Health Officer and his
designated agents, under supervision of the County Executive.

(b)    Swimming Pool. Any artificial structure, basin, chamber
or tank, either above or below ground, which is used or intended
to be used for the primary purpose of swimming, diving, wading or
recreational bathing, including all appurtenant equipment, structures
and facilities located within a common enclosure.

(c)    Public Swimming Pool. Any swimming pool, except a pri-
vate swimming pool, which is intended to be used collectively by
numbers of persons for swimming, diving, wading or recreational
bathing.