(A) Barrier requirements.
(1) A minimum 48-inch high barrier, which completely surrounds and restricts access to the swimming pool, shall be installed and maintained in a sound and safe condition around a swimming pool or around the tract of land where the pool is located. The barrier may consist of a security fence, freestanding wall, a building's wall, or combination thereof. When the swimming pool is an aboveground swimming pool of which the wall(s) of the swimming pool are greater than 48 inches from the ground to the top of the pool wall(s) at every point around the pool, then no barrier is required, but the means of access into the swimming pool (e.g. ladder or steps), shall be secured, locked or removed to prevent access during any period of time that the pool is unattended or not in use. Spas or hot tubs with a locking safety cover which complies with ASTM Standard F 1346-91 shall exempt from these barrier requirements, provided they are equipped with a safety locking cover which is locked at all time during which the spa or hot tub is not in use. Storable swimming or wading pools shall be exempt from this section provided all means of access into the pool are removed and the pool is covered when it is not attended.
(2) The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall not allow passage of a four-inch-diameter-sphere. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall not allow passage of a four-inch-diameter sphere.
(3) Openings in the barrier shall not allow passage of a four-inch-diameter sphere.
(4) To prevent a person from scaling a solid barrier, which does not have openings, such as a masonry or stone wall, such barrier wall shall not contain indentations or protrusions in excess of 1.25 square inches except for normal construction tolerances and tooled masonry joints.
(5) Where the barrier is composed of horizontal and vertical members and the distance between the tops of each of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1.75 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches in width.
(6) Where the barrier is composed of horizontal and vertical members and the distance between the tops of each of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches in width.
(7) Maximum mesh size for chain link fences shall be a 2.25-inch square unless the fence is provided with slats fastened at the top or the bottom of which reduce the openings to not more than 1.75 inches.
(8) Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1.75 inches.
(9) The Building Inspector shall approve the plans and specifications for the barrier prior to its installation. The barrier shall be equipped with doors or gates which are self-closing and self-latching with the latch to be located a minimum of 42 inches above ground level and equipped with a lock which shall be kept locked when the swimming pool is unattended.
(B) Setbacks.
(1) Swimming pools shall be set back a minimum of five feet from any side or rear lot line as measured from the nearest edge of the slope around the pool or perimeter walk.
(2) Swimming pools shall not be located in an easement of record as measured from the nearest edge of the slope around the pool or perimeter walk.
(3) Swimming pools shall not be permitted in the front yard or side yard in the area between the street right-of-way line and the minimum required building setback line.
(C) Drainage. Swimming pools which raise the existing elevation more than eight inches shall be reviewed by the City Engineer who shall have the right to refuse the permit for construction of same if, in his opinion, adjoining properties will be adversely affected because of alteration of drainage patterns.
(D) Permit required. No person shall construct, install or locate a swimming pool, as defined herein, without first obtaining a swimming pool permit from the city. Storable swimming or wading pools are not required to obtain a pool permit. The applicant for a swimming pool permit shall submit any information as the Building Inspector shall deem necessary. An application for a Natural Resources Management Permit shall also be submitted if required under the Natural Resources Management regulations in this Code.
(E) Storable swimming and wading pools must be disassembled and stored between the dates November 1 and April 1 of each year.
(‘81 Code, § A1-59) (Ord. 291, passed 4-21-83; Am. Ord. 755, passed 6-24-04; Am. Ord. 756, passed 7-8-04; Am. Ord. 768, passed 2-24-05)