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§ 10-3-2-3 BARRIER.
   (A)   (1)   The pools shall be completely surrounded by a barrier at least 48 inches high. If the barrier is of bars or other elements with spaces between, clear spaces shall be a maximum of four inches wide. The bottom rail or bar shall be a maximum of four inches above the deck or grade.
      (2)   The barrier shall enclose the pool area. The barrier shall not provide an easily climbable framework. All gates or doors installed in the barriers or fencing shall be equipped with positively self-closing and self-latching devices which function at all times except that facilities which provide lifeguard service and monitored public access may have open gates during operating hours. All gates and doors shall be capable of being locked. Latches which remain continuously locked and which can be opened only by the use of a key or other access control system may be of a height which allows the barrier, fence and latch to be in compliance with the Americans with Disabilities Act as amended, and applicable regulations. Latches which are not continuously locked shall be at least 45 inches above the ground. Access controlled systems and/or higher or additional latches may be required by the Enforcement Authority if deemed necessary by the Enforcement Authority to provide additional protection to the public.
   (B)   Variances from any requirements of this section shall not be issued.
('74 Code, § 11-5-7A.1) (Ord. 12-1978; Am. Ord. 59-1987; Am. Ord. 51-1989; Am. Ord. 12-1993)