Gaithersburg's Swimming Pools & Spas: The Rules That Matter

Every city handles swimming pools & spas a little differently. In Gaithersburg, Maryland, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Fencing & Safety Requirements

Gaithersburg raises the model pool barrier standard: new pool enclosures under the amended 2021 International Swimming Pool and Spa Code must stand at least 60 inches high, not the model code's 48 inches, and no barrier or gate may use a climbable pattern. Pools permitted before July 13, 1990 may instead keep a 42-inch fence with a latch at least 3 feet up, or use an automatic pool cover.

Key details: New pool barrier height: 60 inches, § 5-19(23), (26). Pre-1990 pools: 42-inch fence or automatic cover allowed. Gate latch height: At least 3 feet above ground. Design ban: No 'climbable' pattern on gates or barriers. Timing: Barrier must be up before pool is filled.

City Code § 5-19(15) rewrites Subsection 113.4, Violation penalties: a barrier violation is "guilty of a municipal infraction, enforceable and punishable by a fine and/or penalty as established by the Mayor and City Council pursuant to Sections 1-9 through 1-11 of the City Code. Each day that a violation exists shall be deemed a separate offense." The same item lets the City pursue injunctive, mandamus, or other court action, and any court of competent jurisdiction may issue restraining orders or injunctions to force compliance.

Pool Permits

Every pool, spa, or hot tub built in Gaithersburg needs a permit under the City's adopted 2021 International Swimming Pool and Spa Code. City Code § 5-19(7) puts the Planning and Code Administration Department in charge of enforcement, § 5-19(9) requires a separate fee for each permit application, and § 5-19(5) layers Montgomery County Code Chapter 51 on top of the City's own rules.

Key details: Adopted code: 2021 ISPSC, City Code § 5-18/5-19. Enforcement agency: Planning and Code Administration Dept.. Permit fee rule: Separate fee per permit application, § 108.1. Public pools: Annual inspection required, § 110.17. Appeal deadline: 17 days to Board of Appeals.

City Code § 5-19(15) rewrites Subsection 113.4, Violation penalties: building a pool without a permit or otherwise violating this chapter is "guilty of a municipal infraction, enforceable and punishable by a fine and/or penalty as established by the Mayor and City Council pursuant to Sections 1-9 through 1-11 of the City Code," with each day the violation continues counted as a separate offense, and the City may seek injunctive or mandamus relief in court on top of the fine.

The Bottom Line

Gaithersburg's swimming pools & spas rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Gaithersburg is broadly strict or permissive.

This guide is based on Gaithersburg's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.