(A) Enclosures. All swimming pools shall be enclosed by wall of a single-family residential building, a solid wall, chain link or wrought iron fence not less than five feet nor more than six feet in height. If the design or material of the fence or gate is such that there are openings, the openings shall be of a size to prohibit a spherical object four inches in diameter from passing through or under the fence or gate. If a residence or living area constitutes part of the enclosure for a swimming pool or other contained body of water, in lieu of the requirements above, at least one of the following shall apply:
(1) Between the swimming pool or other contained body of water and the residence or living area, a minimum four foot wall, fence or barrier to the pool area that meets all of the requirements of § 150.152(A).
(2) The pool shall be protected by a motorized safety pool cover which requires the operation of a key switch that meets the American Society of Testing and Materials Emergency Standards (ASTME) 13-89 and which does not require manual operation other than the use of the key switch.
(3) All ground level doors or other doors with direct access to the swimming pool or other contained body of water shall be equipped with a self-latching device that meets the requirements of this division. Emergency escape or rescue windows from sleeping rooms with access to the swimming pool or other contained body of water shall be equipped with a latching device not less than 54 inches above the floor. All other operational dwelling units or guest room windows with similar access shall be equipped with a screwed in place wire mesh screen, or a keyed lock that prevents opening the window more than four inches, or a latching device located not less than 54 inches above the floor.
(4) If the swimming pool is an aboveground swimming pool which has non-climbable exterior sides which are a minimum height of four feet. Any access ladder or steps shall be removable without tools and secured in an inaccessible position with a latching device not less than 54 inches above the ground when the pool is not in use.
(5) It is hereby declared to be a public nuisance to maintain an outdoor swimming pool, either above or below ground level, with a maximum depth of 18 inches or more in the town unless either the premises upon which the pool is located or the pool itself is enclosed as required herein. Irrigation and storm water retention facilities, and the water features in public parks and golf courses are exempt from the fencing requirement of this Development Code.
(B) Gates. All gates shall be substantially the same height as the wall or the fence and shall be self-closing and self-latching and be constructed in such a manner as to prevent uninvited access.
(Prior Code, Ch. 4, Art. IV, § 4-238) (Ord. 432-06, passed 6-19-2006)