(A) Barrier required. Every person in possession of land within the city either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool including permanent swimming pools, portable pools, spas and hot tubs must at all times provide and maintain barriers for swimming pools, spas and hot tubs as required herein.
(B) Public pool barriers. For public pools, barriers must be installed and inspected and approved in accordance with Rule 4717.1550, “Pool Access Restriction; Fencing,” as authorized by M.S. Chapter 144.05.
(C) Private pool barriers. For private pools in excess of 24 inches in depth, barriers must be installed in accordance with the following:
(1) The barrier must be constructed of corrosion and decay resistant materials or other materials approved by the City Building Official. The barrier must not be less than four feet in height and must have no intermediate openings through which a four inch sphere may pass. The bottom of the barrier must be not more than four inches above the sidewalk or finished grade. For barriers constructed eight feet in height or taller, the City Building Official may require that the barrier be designed or certified by a Minnesota Licensed Professional Engineer to Minnesota State Building Code.
(2) Gates and doors through the barrier must not exceed four feet in width unless approved by the City Building Official. A gate serving a driveway must not be used to meet the barrier requirements of this section. All gates or doors opening through the barrier must be equipped with self-closing and self- latching devices capable of keeping the doors or gates securely closed at all times; provided, however, that doors accessing the pool area from a dwelling and forming any part of the barrier need not be so equipped. Gates and doors through the barrier must be capable of being securely locked when the pool is not in use. All latches or locking devices on doors and gates required by this section must be installed not less than four feet above the adjoining walks, steps, or ground level.
(3) Where an above ground pool structure is used as a barrier, or when the barrier is mounted on top of the pool structure, the barrier must comply with subdivisions (1) and (2) above. Where the means of access is by ladder or steps, then the ladder or steps must be capable of being secured, locked or removed to prevent access or the ladder or steps must be surrounded by a barrier which meets the requirements of subdivisions (1) and (2) above. When the ladder or steps are secured, locked or removed, any opening created must be protected by a barrier complying with subdivisions (1) and (2) above.
(4) The requirements of this section requiring a barrier or other solid structure surrounding a swimming pool on all sides, may be waived to the extent that the topographical features of the land upon which the pool is constructed or is proposed to be constructed are such as to make the pool area inaccessible and unapproachable from outside the pool area.
('72 Code, § 432:10) (Ord. 1972-115, passed 7-10-72; Am. Ord. 1985-496(A), passed 9-23-85; Am. Ord. 1996-830, passed 12-16-96; Am. Ord. 2022-1285, passed 11-14-22) Penalty, see § 10.99