A. General: All swimming pools shall comply with the requirements of this section and other applicable sections of this code.
B. Swimming Pool Defined: A "swimming pool" is any structure intended for swimming, recreational bathing or wading that contains water over twenty four inches (24") (610 mm) deep. This includes inground, aboveground and onground pools; hot tubs; spas; fixed in place wading pools; and inflatable wading pools.
C. Public Swimming Pool Regulations: Public swimming pools shall be completely enclosed by a fence at least four feet (4') (1,290 mm) in height or a screen enclosure. Openings in the fence shall not permit the passage of a four inch (4") (102 mm) diameter sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates.
D. Residential Swimming Pool Regulations: Residential swimming pools, excluding spas with a lockable safety cover, shall be enclosed by a barrier which complies with the following requirements:
1. Barrier Height And Clearances: The top of the barrier shall be at least forty eight inches (48") (1,219 mm) above grade, measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (2") (51 mm), measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade the barrier is authorized to be at ground level or mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches (4") (102 mm).
2. Barrier Openings: Openings in the barrier shall not allow passage of a four inch (4") (102 mm) diameter sphere.
3. Solid Barrier Surfaces: Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
4. Closely Spaced Horizontal Members: Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than forty five inches (45") (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1.75 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches (44 mm) in width.
5. Widely Spaced Horizontal Members: Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is forty five inches (45") (1,143 mm) or more, spacing between vertical members shall not exceed four inches (4") (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches (44 mm) in width.
6. Chainlink Dimensions: Maximum mesh size for chainlink fences shall be a 2.25 inch square (57 mm square) unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1.75 inches (44 mm).
7. Diagonal Members: Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be no more than 1.75 inches (44 mm).
8. Gates: Access gates shall comply with the construction and material requirements contained herein and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than fifty four inches (54") (1,372 mm) from the bottom of the gate, the release mechanism shall be located on the pool side of the gate at least three inches (3") (76 mm) below the top of the gate; and the gate and barrier shall have no opening greater than 0.5 inch (12.7 mm) within eighteen inches (18") (457 mm) of the release mechanism.
9. Dwelling Unit Wall As A Barrier: Where a wall of a dwelling serves as part of the barrier, one of the following shall apply:
a. Other means of protection, such as self-closing doors with self-latching devices, which are approved by the administrative staff shall be accepted so long as the degree of protection afforded is not less than the protection required by all city codes.
10. Pool Structure As Barrier: Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier which meets the requirements of this section. When the ladder or steps are secured, locked, or removed, any opening created shall not allow the passage of a four inch (4") (102 mm) diameter sphere.
E. Indoor Swimming Pools: Walls surrounding indoor swimming pools shall not be required to comply with the requirements of this section.
F. Prohibited Locations: Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. (Ord. 2004-2, 2-19-2004)