1395.05  FENCING.
   (a)   Every pool hereafter constructed, with the exception of semi-permanent above ground pools, shall be completely enclosed by a fence that is either: (1) not less than 48 inches in height of chain link type, with mesh openings of not more than two inches knuckled at both top and bottom; or (2) not less than 48 inches in height of suitable type and material as approved by the Chief Building Official in substantial compliance with the principles of pool safety as provided in the Building Official Code Administrator International Code. The gates shall be of the self-closing, self-latching type with the latch on the inside of the gate, not readily available for children to open. A fence which encloses the yard, as a whole, of the type referred to above, may be considered as complying with the requirements hereof. All gates must be locked when the residents are away from the house or when the pool is not in use. A portable plastic or vinyl outdoor swimming pool two feet or under in height shall have a protective cover of plastic and shall be properly secured when not in use.
   (b)   Above ground pools shall be enclosed by a fence or have a built-in fence and a barricade to the means of access to the pool built in a manner acceptable to the Building Inspector.
   (c)   Above ground pools forty-eight inches in height or greater need not be enclosed by a fence if the following apply:
      (1)   Where an above ground pool structure is used as a barrier or part of a barrier at least forty-eight inches high; or
      (2)   Where the barrier is mounted on the top of the pool structure, and the means of access is a ladder or steps, in which case:
         A.   The ladder or step shall be capable of being secured, locked or removed to prevent access; or
         B.   The ladder or step shall be surrounded by a barrier complying with the fencing requirements of this section as stated above.
(Ord. 72-173. Passed 10-2-72; Ord. 2012-148. Passed 12-3-12; Ord. 2013-4. Passed 2-4-13.)