§ 133.09 PROTECTIVE COVERING OR FENCING.
   (A)   (1)   Any person, corporation, or partnership which either owns or maintains or uses or abandons any open well, cesspool, cistern, quarry, recharging basin, catch basin, sump, excavation for the erection of any building structure, or excavation created by the razing or removal of any building structure without covering or surrounding such installation with protective fencing is guilty of a violation of § 10.99.
      (2)   The provisions of this division (A) shall not apply during the course of repair, construction, removal, or filling of any of the structures or conditions herein described while any worker is present at the location thereof either performing services thereon or as a watchman to guard such location.
(Prior Code, § 27-2-30)
   (B)   Incorporation by reference. The Private Swimming Pool Enclosure Act, as enacted by the General Assembly, be and the same is hereby incorporated by reference.
      (1)   Definitions. As used in this division (B), SWIMMING POOL means an outdoor artificial basin of water that is constructed, modified, improved, or installed in or above the ground of private residential property for the purpose of swimming or wading and that has a depth of more than 24 inches, covering more than 25 square feet, or that has a capacity of more than 200 gallons of water. The term includes only swimming pools intended for the use of the owner and guests and does not include swimming pools subject to the Swimming Pool and Bathing Beach Act or the Swimming Pool Safety Act. The term does not include above-ground pools with a height of 42 or more inches and does not include Jacuzzis.
      (2)   Barrier required. A protective fence, wall, or other effective, permanent barrier shall completely enclose the perimeter of a swimming pool, the construction or installation of which is completed on or after the effective date of this Act. The fence, wall, or other barrier shall be at least 42 inches in height.
(Ord. 24-05, passed 12-11-2023)
Penalty, see § 133.99
Statutory reference:
   Related provisions, see 720 ILCS 605/1