(A) It shall be unlawful to construct, install, maintain or operate a swimming pool within the town, either an already existing one or one newly constructed, without constructing and maintaining around the entire perimeter thereof a fence not less than four feet in height and of sufficient strength to eliminate unobstructed access thereto, except at properly constructed entrance gates. The gates shall be of a self- closing type with the latch on the inside of the gate, not readily available for children to open. It is the intent and purpose of this section to provide protection to children against injury or mishap resulting from construction and maintenance of swimming pools. However, if the entire premises of the residence is enclosed, then this provision may be waived by the Building Inspector upon inspection and approval of the residence enclosure. The fence or barrier may enclose either the pool area only or the full property boundary area or any part of the property which includes the pool.
(B) The fence or barrier shall be designed to meet the following criteria.
(1) The fence or barrier shall be at least 48 inches in height.
(2) Entrances through the fence or barrier shall be provided with self-closing gates which have self-latching mechanisms.
(3) Openings under and through a fence or barrier with the gate(s) closed shall be sized so that a four and one-half inch diameter sphere cannot pass through the openings.
(4) Shrubbery or plantings are not acceptable as a fence or barrier.
(5) A dwelling house or accessory building may be used as part of such enclosure. No person in possession of land in the town, either as owner, purchaser, lessee, tenant or licensee, upon which is situated a swimming pool shall fail to provide and maintain such barrier as herein provided.
(C) Swimming pool owners whose pool or property do not meet the imperatives of this chapter shall have one year from the date of adoption of this chapter to become fully compliant with the complete content of this chapter.
(Ord. 18-1, passed 1-9-2018) Penalty, see § 10.99