1328.03 FENCES REQUIRED.
   (a)    Every outdoor swimming pool shall be completely surrounded by a fence not less than six feet in height for public swimming pools, and not less than forty-two inches in height for family swimming pools, which shall be constructed so that horizontal members are on the pool side of the enclosure and vertical members other than supporting members shall not be spaced more than two inches apart. A building or existing wall may be used as part of such enclosure.
   (b)    All gates or doors opening through such enclosures shall be designed to permit locking and shall be kept locked when the pool is not in actual use, or is left unattended.
   (c)    These requirements shall apply to both new and existing outdoor swimming pools having a maximum depth over eighteen inches, 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 in possession of land within the City, either as owner, purchaser, lessee, tenant or a licensee, upon which is situated a swimming pool having a maximum depth over eighteen inches shall fail to provide and maintain such fence or wall as herein provided.
   (d)    The Building Inspector 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 therefor, provided the protection as sought hereunder, is not reduced thereby. The Building Inspector 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 and latch described herein. No enclosure as provided for herein shall be constructed without first securing a permit for the construction of same from the Building Inspector.
(Ord. 897-B. Passed 1-23-68.)