Montgomery County                            2875

(d)    Private Swimming Pool. Any swimming pool built in con-
junction with a private residence used or intended to be used solely
by the owner or the lessee thereof, and his immediate family and
guests invited to use it without payment of any fee.

(e)    Owner. Any person, cooperative, association, partnership,
firm, corporation or public agency or authorized agent thereof under
whose authority the swimming pool is being constructed, remodeled,
reconstructed or operated. For the purposes of serving notices of
violation, the person present at the swimming pool charged with its
operation shall be deemed to be an agent of the owner.

(f)    Operator. Any person appointed or engaged by the owner
to be in the immediate control of the operation at a specific site.

(g)    Protective Covers. Any fabric, plastic, rubber, metal, net
or other material which is capable of covering the entire swimming
pool surface and when firmly secured or anchored is of sufficient
strength to protect the accidental entry into the swimming pool, but
in any case sustains a weight of not less than 150 lbs.

(h) Lifeguard. A person at least sixteen years of age holding a
valid senior life saver's certificate from the American Red Cross or the
Young Men's Christian Association or Young Women's Christian
Association.

105-2. Scope.

(a)    All physical standards required by this Chapter shall apply
to all public swimming pools constructed after the effective date of
this Chapter. The physical standards shall apply to all public swim-
ming pools in existence prior to the effective date and to all private
swimming pools proposed for conversion to a public swimming pool
where:

1.    Any physical condition exists that would prevent the
achievement of prescribed operating standards.

2.    Any physical condition exists which would endanger the
health, safety or life of any person within the pool or immediately
adjacent thereto.

3.    Alteration, addition or replacement of any equipment or
appurtenances is made.

(b)    Except as otherwise herein provided, the physical standards
of this Chapter shall not apply to private swimming pools. Such
pools, however, must comply with the appropriate requirements of the
respective building, plumbing and electrical codes of Montgomery
County.

(c)    All of the operational standards and personnel requirements
of this Chapter shall apply to all public swimming pools, regardless
of the date of construction.