Articles

Client Alert: Update to Montgomery County Public Pool Policy

Date: June 17, 2020
One of the most visible services provided by Community Associations is resident swimming pools. In the throes of Covid-19, however, swimming pools have instead become the most visible sign of what those Associations are unable to provide for their residents. Fortunately, the phased reopening of Maryland counties offers an opportunity to restore some semblance of normal activities.

Of course, phased reopening does not mean an immediate return to business as usual, but rather yet another set of regulations and requirements that Associations must navigate. This is made even more challenging by the overlapping restrictions imposed by both state and county governments. We have previously addressed this subject in general terms here (Link unavailable as of August 2023). As the state progresses through its reopening phases, more detailed guidance has become available which may also continue to change.

Montgomery County in particular has set forth a reopening plan that is not only slower than the state as a whole, but that also imposes more stringent regulations. The county has issued advanced notice of what will be required for public pools to operate within the county in 2020. The county’s announcement bulletin regarding all public pools can be found here. The following is a non-exhaustive list of requirements that will be most important and pertinent to Community Association facilities:
 

Social Distancing

  1. Pool occupancy will be limited to a number that allows each patron in the pool to maintain 6 feet of social distancing from others. To ensure 6 square feet per person, a pool’s maximum occupancy is determined by dividing the total surface area by 36.
  2. Social distancing must be enforced for patrons waiting in lines inside or outside the pool complex.
  3. Seating must be arranged so that individuals or households remain at least 6 feet from other individuals or households.
  4. Patrons should not wear masks in the water, but should otherwise wear masks when interacting with any individual outside of their household.
  5. No gatherings or events may be held.

Sanitization

  1. Water fountains must be turned off or covered
  2. Toys and equipment (if any are provided) should be available in sufficient supply so as to limit sharing
  3. Frequently touched surfaces (e.g. railings, chairs, doorknobs) must be disinfected at least twice per day
  4. Hand sanitizer and soap must be supplied.
  5. Other facility features, including toilets, floors, and hot tubs must also be subject to regular maintenance and sanitization schedules

Staff

  1. All staff must wear face coverings if interacting with patrons or other staff.
  2. Any staff member who is ill must stay home. This may have a severe impact on the ability to fully and safely staff pools

Signage

  1. Informational Signs must be posted for patrons. These include reminders of general hygienic practices as well as facility-specific guidelines.
Of course, all of these guidelines may be subject to change as our understanding of both the coronavirus itself and the public health situation develop. Therefore, Associations should be aware that the above is preliminary guidance to assist Associations in preparing to open pools. Associations should monitor CDC guidance, as well as state and local announcements for any policy changes. If you have any questions concerning these guidelines or other requirements for safe and legal operation of community facilities, we recommend that you consult with your Whiteford attorney.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.