Montgomery County                            2883

construction as not to be easily climbed or penetrated. Natural plant-
ing may be used in lieu of such fence or wall if it is equivalent to the
standards of an artificial fence or wall in prohibiting climbing and
penetration. The fencing of public pools shall be as specified in the
manual of public swimming pool construction.

105-12. Swimming pool gates and doors.

There shall be securely affixed to the fence, wall or other en-
closure of every outdoor public and private pool a gate, door or other
such closure designed to prevent accidental or unauthorized entry.
Each such gate or door shall be equipped with an appropriate self-
closing or latching device situated on the pool side of the said gate or
door at a height of not less than thirty-six inches from the ground,
except that a built-in lock may present its key slot to the outside.

All fences and gates shall be maintained in good condition and
all gates, doors and closures shall be closed, and latched when the pool
is not in use. These requirements shall apply to both new and existing
outdoor swimming pools within Montgomery County, provided that
the owner of an existing pool shall have a reasonable time for compli-
ance, but in no event to exceed one hundred eighty days from the
effective date of this Chapter.

Any private swimming pool may be provided with an approved
protective cover in lieu of a fence or enclosure. Such protective cover
shall meet the requirements and specifications as defined in 105-1(g)
of this Chapter and shall be firmly anchored and used whenever the
pool is not attended.

Article III. Regulations; Appeals; Penalties.
105-13. Rules and regulations.

(a)    The County Executive is authorized and designated to
prescribe and issue written rules and regulations for the implementa-
tion and operation of public swimming pools and public swimming
pool construction to this Chapter as may be necessary from time to
time to implement the provisions of this Chapter.

(b)    Each person selling, constructing or installing a swim-
ming pool in Montgomery County shall provide the purchaser or
owner with a current copy of this Chapter.

105-14. Appeals.

Any person aggrieved by any action involving suspension or
revocation of any license or permit issued under this Chapter follow-
ing written notice of the action shall have the opportunity to appear
at a hearing before the approving authority to show cause why the
permit should not be revoked or suspended. A decision of the ap-