Gaithersburg, MD Swimming Pools & Spas: Pool Permits (2026)
Swimming pool permit rules in Gaithersburg, MD, also covering above-ground pools, in-ground pools, and spa installations, set fencing, barrier, alarm, and inspection requirements.
Key Facts
- 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
- Also must satisfy
- Montgomery County Code Chapter 51
- Overtime inspections
- 48 hours advance notice required
Summary
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.
Sec. 5-18. - Swimming Pool and Spa Code—Adoption of the Swimming Pool and Spa Code (2021). The International Swimming Pool and Spa Code 2021, as published by the International Code Council, Inc., is hereby adopted as the swimming pool and spa code for the city, except as modified by section 5-19...(7)Section 103. Delete entirety Section 103.1 and substitute the following: 103.1 Enforcement Agency. The City of Gaithersburg Planning and Code Administration is responsible for enforcing the provisions of this code...(9)Subsection 108.1. Fees. Add sentence with the following, "Required fees shall be paid for each separate permit application."
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 52 Update 1).
Full Breakdown
1 to name "The City of Gaithersburg Planning and Code Administration" as the agency "responsible for enforcing the provisions of this code," with its director or designee serving as the City building official. 1, Local Code, requiring that "swimming pools, spas and hot tubs shall also comply with Chapter 51 of the Montgomery County Code," on top of the adopted ISPSC. Item (8) lets an owner use the City's Certified Inspections Program, under which private, City-approved third-party engineers and inspectors may perform and certify construction inspections in place of City staff; questions go to Inspections staff at (301) 258-6330.
2 to be made at least 48 hours in advance. 17, requiring annual inspection of "all public and community swimming pools" for code compliance, with documentation filed with the City. 1: a City Manager decision may be appealed to the City Board of Appeals within 17 days, and a Board decision may be further appealed to the Circuit Court within 30 days under the Maryland Rules of Procedure.
Violations & Fines
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.
Frequently Asked Questions
Do I need a permit to build a residential pool in Gaithersburg?
Who inspects a new pool once it's built?
Are public and community pools inspected more often than private ones?
Does Montgomery County have its own pool rules on top of the City's?
Sources & Official References
Other rules in Gaithersburg
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Pool Permits in Nearby Cities
How other cities in Montgomery County handle pool permits.