1319.03 FENCE REQUIRED.

   Every swimming pool which is constructed either partially or wholly by means of an excavation or depression below grade, as well as on grade surface, shall be enclosed by a fence at least forty eight inches in height above the ground and shall be constructed so as to prevent access to such swimming pool by small children; except that any swimming pool constructed partially or completely below grade which has a self-contained fence or siding with a removable access does not require a fence. In no instance shall a pool be filled with water prior to an approved fence being constructed on said property. This section shall not apply to an on grade surface swimming pool if any of the following requirements are met:

   (a)   Its access ladder can be removed when not in use; or

   (b)   Its access ladder can be locked in an upright position when not in use; or

   (c)   When a pool is enclosed by a deck and the ladder and/or stairs can block any access to the deck/pool area when not in use.

      (Ord. 17-2010. Passed 10-12-10.)