(a) Every swimming pool, including existing swimming pools shall be completely surrounded by a separate fence, not less than four feet in height measured from the level of the ground where located, which shall be of such design and construction as to effectually prevent a child from crawling or otherwise passing through or under the fence. The Building Inspector or a member of the Building Committee of Council shall be responsible for the inspection and approval of such fences.
(b) A building or existing wall may be used as part of such enclosure.
(c) All gates or doors opening through such enclosure shall be designed to permit locking and shall be kept locked when the depth of water in the pool exceeds eighteen inches and the pool is not in actual use or is left unattended.
(d) No part of any fence shall be located between the building setback line fixed by the Zoning Ordinance and the street on which the lot or parcel abuts.
(e) These requirements shall apply to both new and existing outdoor swimming pools, except that owners of existing outdoor pools shall be given a reasonable period, not to exceed three months from the effective date of this section, in which to comply. No person, either as owner, purchaser, lessee, tenant or licensee, in possession of land within the Village upon which is situated a swimming pool shall fail to provide and maintain such fence as herein provided.
(f) The Building Committee or the Building Inspector, at the direction of the Building Committee, may make modifications in individual cases, upon a showing of good cause, with respect to the height, nature or location of the fence, gates or latches or the necessity therefore, provided the protection sought hereunder is not reduced thereby. The Building Committee or the Building Inspector, at the direction of the Building Committee, may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate or latch described herein.
(Ord. 85-3. Passed 3-13-85.)