§ 18-11. Swimming pools; fencing and gates.

(a)

Definition. For the purpose of this section, a swimming pool is any confined body of water, exceeding one hundred fifty (150) square feet in surface area and two (2) feet in depth, used or intended to be used for swimming or bathing purposes.

(b)

Fences, etc. Every swimming pool shall be enclosed by a wall, fence or other structure having a minimum height of five (5) feet and constructed or installed so as to obstruct access thereto by persons other than the owners or occupants of the premises on which such swimming pool is located.

(c)

Gates. Such fences shall include gates or doors therein. All gates and doors installed must be self-closing and self-latching, with latches placed at least four (4) feet above the ground level. All gates opening through such enclosure shall be kept securely closed and latched at all times.

(d)

Ingress and egress. Such fence, gate or other protective device as required by these subsections shall be installed in such a manner as to comply with the fire regulations and the laws of the state and the ordinances of the city.

(e)

Variances. The owner of any swimming pool may request approval of variance from the fencing requirements of this section by submitting to the building inspector written application for such variance, setting forth a description of such pool and an alternate safeguard or condition of the site by which unauthorized entry into such swimming pool may be restricted or prevented. The building inspector may approve such alternate safeguard or obstruction upon finding that one of the following conditions exists:

(1)

That physical conditions of the site would make the erection of a fence or wall impractical.

(2)

That proposed limitation of access or conditions of control which would be continuously effective would accomplish the intent of the fencing requirements.

(f)

Exemptions.

(1)

The provisions of paragraphs (b), (c) and (d) of this section shall not apply to premises where a swimming pool is used or maintained and the premises are used for any hotel, motel, apartment or trailer park consisting of ten (10) or more units, where the owner or managerial employee thereof is on duty on such premises twenty-four (24) hours each day.

(2)

All swimming pools which are completely contained within the walls of a building shall be exempt from the provisions of this section.

(Code 1962, § 20-18; Ord. No. 75-4, §§ 2—6)

Cross reference

Water, Ch. 28.