(A) Every outdoor swimming pool shall be completely surrounded by a fence or wall which shall be set back from the pool five feet and be not less than four feet in height. If the fence is constructed less than five feet from the pool, the fence shall be six feet in height. The fence or wall shall not have openings, holes, or gaps larger than four inches in any dimension except for doors and gates. If a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. A dwelling house or accessory building may be used as part of the enclosure.
(B) All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. This requirement applies to all new swimming pools, other than indoor pools, and applies to all existing pools which have a minimum depth of 18 inches of water. No person in possession of land within the city, either as owner, purchaser, lessee, tenant, or licensee, upon which is situated a swimming pool having a minimum depth of 18 inches shall fail to provide and maintain the fence or walls as provided in this code.
(C) The Building Inspector may approve modifications to the height, nature, or location of the fence, wall, gates, or latches, provided the protection as sought under this code is not reduced. 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 in this code. The Building Department shall allow 30 days’ notice within which to comply with the requirements of this section. Notice to comply with the provisions of this code shall be in writing and given by certified mail.
(D) In the case of existing pools or structures, the Building Inspector may grant a variance from the provisions of this code as to the height of the fence or setback requirements; however, the protective devices and safeguards installed must comply with the safety precautions intended to be provided by this code.
(E) Hot tubs may use a secured cover instead of a fence.
(Prior Code, § 8.415)