§ 152.04 FENCING REQUIREMENTS.
   (A)   Every outdoor private swimming pool in which the water, 18 inches or more in depth, may be maintained, shall be completely surrounded by a fence of not less than five feet in height, and located no closer than three feet from any part of the pool.
   (B)   Such fence shall be of chain link type or any other style offering equivalent protection.
   (C)   All gates or doors opening through such enclosure shall be designed to permit locking and shall be kept locked when the pool is not in use or left unattended.
   (D)   Above-ground type swimming pools may meet the fencing requirements if an enclosed type rail with a gate that will permit locking and shall be kept locked when the swimming pool is not in use or left unattended, is a part of the swimming pool’s structure, and if the height of the top of the rail is not less than five feet from the ground. Also, any entrance ladder or steps shall be removed or locked so that it is inaccessible when the pool is not actually in use or left unattended.
   (E)   Pools of a non-permanent structure may meet the fencing requirement if they have a locking cover removable only by key, combination, special tool, or device.
   (F)   Power safety pool covers which provide a continuous connection between the cover and deck so as to prohibit access to the pool when the cover is completely drawn over the pool and are mechanically operated by a key or key and switch so that the cover cannot be drawn open or retracted without the use of a key and satisfy the requirements of ASTM F1346 for power safety pool covers.
(Ord. 2005-10, passed 9-12-2005) Penalty, see § 152.99