1179.02 FENCES.
   (a)   Every swimming pool shall be completely enclosed by a fence or barrier of sturdy construction not less than forty-eight (48) inches in height, measured from the level of the ground where located, which shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through or under the fence or barrier. Each gate or door in the fence or barrier shall be self-closing and self-latching. Where the self-latching device is less than fifty-four (54) inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Each gate or barrier shall be provided with a secure lock and shall be kept locked at all times when the depth of the water in the pool exceeds eighteen (18) inches, unless the pool is in use or is under the immediate supervision of a responsible person. No part of any fence shall be located between the building setback line fixed by the Zoning Code and the street on which the lot or parcel abuts.
   (b)   The Administrator or Designee shall have the power to make exceptions to and modification of the above requirement for existing pool fences, in cases in which, in the Administrator/Designee's opinion such requirements are not essential to safety and the enforcement thereof would work hardship on the owners.
(Ord. 19-011. Passed 4-22-19.)