1486.03 LOCATION, PROTECTIVE BARRIERS AND SAFETY DEVICES.
   (a)   All outdoor private residential swimming pools shall comply with the following provisions:
      (1)   All outdoor private swimming pools constructed prior to the effective date of this chapter, August 13, 2008, shall comply with the following provisions. Any pool not in compliance with the following provisions shall become compliant within one year of the effective date of this chapter.
         A.   In-ground pools shall be surrounded on all sides by a fence or other similar barrier at least 48 inches in height, with no more than four inches off the ground. A wall of a dwelling building may be an acceptable barrier under this provision, provided that there is no more than four inches between the wall and the other barriers used. All gates through the fence or means of access through barrier shall be self-closing and have a self-latching device.
         B.   Above-ground pools with sides of the structure greater than four feet above grade to not require fencing or other barriers.
      (2)   All outdoor private swimming pools constructed after the effective date of this chapter, August 13, 2008, shall comply with the following provisions:
         A.   The pool shall be surrounded on all sides by a fence or other similar barrier. The top of the barrier shall be at least 48 inches above grade measured 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, measured on the side of the barrier that faces away from the swimming pool. 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 where the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches. A wall of a dwelling building may be an acceptable barrier under this provision, provided that there is no more than four inches between the wall and the other barriers used.
         B.   Openings in the barrier shall not allow passage of a four-inch-diameter sphere.
         C.   Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
         D.   Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1.75 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches in width.
         E.   Access gates and other means of access into the pool area shall comply with the above requirements, shall open outward away from the pool area, and shall be self- closing and self-latching. Where the release mechanism for the latch is less than 54 inches above the finished surface, the release shall be located on the pool side of the gate at least three inches below the top of the gate.
         F.   Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, the ladder or steps shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of this section.
         G.   The swimming pool construction shall conform to the Ohio Plumbing Code adopted in Chapter 1424 and the National Electric Code as adopted in Chapter 1426.
         H.   Swimming pools greater than 18 inches in height from grade shall be located no less than three feet from all property lines and from all other structures on the property or on adjacent properties.
   (b)   All indoor and outdoor residential swimming pools and public swimming pools shall be installed, constructed, operated, and maintained in compliance with the regulations set forth by the Ohio Board of Building Standards as adopted by the Village pursuant to Section 1422.01.
(Ord. 2008-154. Passed 8-13-08; Ord. 2013-65. Passed 7-10-13.)