All pools and pool equipment shall be installed and utilized in accordance with its listing and labeling; and shall be assembled, erected, operated, and maintained as directed in the manufacturer's installation instructions.
   (a)    Any swimming pool as defined by Section 1133.02 shall be subject to the standards of this subsection including pools that are designed to be temporary in nature.
      (1)    Swimming pools that are enclosed within a building shall not be subject to these standards.
      (2)    The swimming pool shall be set back a minimum of ten feet from all lot lines and five feet from all principal and accessory buildings as measured from the edge of the water.
      (3)    The swimming pool, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access. Said fence or wall shall not be less than four feet in height and maintained in good condition with a gate and lock with the following modifications.
         A.   Such fence shall be constructed so as to have no openings, holes, or gaps larger than three inches in any dimension, except for doors or gates. An accessory building may be used in or as part of such enclosure.
         B.   Above-ground pools that have a vertical surface of at least four feet in height shall be required to have fences, locking gates or other approved barriers only where access is made to the pool.   
   (b)    Prior to erecting and utilizing, swimming pools exceeding minimum thresholds shall require a zoning permit as indicated in Section 1132.02 (c)(3).
   (c)    Any pool for the use of occupants of multi-family dwellings containing over three apartments or those that are accessory to a nonresidential use shall meet the structural and sanitary requirements of the Ohio Department of Health.
      (Ord.  21-19.  Passed 4-1-19.)