§ 1332.05 FENCES AND GATES.
   (A)   Each pool and/or spa shall be completely surrounded by a fence or barrier not less than 48 inches above grade on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches. Where the top of the pool structure is above grade, the barrier is permitted to be at ground level or mounted on top of the pool structure.
   (B)   All gates or doors opening into such enclosure shall be designed to permit locking and shall be kept locked when the pool is not in actual use or is left unattended. This provision shall not apply if the entire parcel on which the pool is located is provided with such a fence and such a gate in conformity with Chapter 1312 of this Code of Ordinances, regulating fences, nor shall it apply to a pool entirely above the ground if the sides of the pool are at least 48 inches above finished ground level.
   (C)   No swimming pool or spa cover in any form or type of construction shall be considered a qualifying barrier or substitute for a fence barrier.
(Ord. 46-93, passed 4-19-1993; Ord. 108-07, passed 8-20-2007; Ord. 38-2019, passed 10-21-2019)