(A) Definitions. For the purpose of this section the following words and phrases shall have the meanings ascribed them respectively.
DOOR. A part of a fence that when open provided ingress and egress through the fence and when closed obstructs ingress and egress through the fence.
FENCE. A free-standing artificially- constructed barrier, composed of any material or combination of materials (including, but not limited to, wood, metal, plastic, or other materials), including without limitation screens and walls, and hedges, shrubbery, or other vegetation, planted or erected to enclose, screen or otherwise restrict ingress or egress to an area.
GATE. Interchangeable with the term DOOR.
GRADE. The degree of rise or descent of a sloping surface.
SWIMMING POOL. Any artificial basin of water constructed, modified, or improved for wading, swimming, or diving. The term does not include artificial lakes.
SWIMMING POOL (IN GROUND). Any swimming pool whose sides rest in partial or full contact with the earth.
SWIMMING POOL (NON- PERMANENTLY INSTALLED). Any swimming pool that is so constructed that it may be readily disassembled for storage and reassembled to its original integrity.
SWIMMING POOL (ON GROUND). Any swimming pool whose sides rest fully above the surrounding earth.
SWIMMING POOL (PERMANENTLY INSTALLED). Any swimming pool that is constructed in the ground or in a building in such a manner that the pool cannot be readily disassembled for storage.
SWIMMING POOL, RESIDENTIAL. Any in-ground pool or on-ground pool capable of a water depth greater than 42 inches (1,067 mm), and all pools installed inside a residence regardless of water depth, whether or not served by electrical circuits of any nature, and which is intended for noncommercial use as a swimming pool by not more than two owner families and their guests.
SWIMMING POOL (WADING). Any pool that may range in water depth from two feet to zero feet for wading.
(B) Swimming pools. A swimming pool, residential (family pool), a swimming pool (permanently installed), or a swimming pool (in ground) shall be permitted as an accessory use, provided the following conditions are met:
(1) Minimum yard building setback requirements of the zoning lot in which the swimming pool is to be located, shall be observed.
(2) Access thereto shall be restricted by one of the means described more fully in 675 IAC 14-4.3-296 safety features:
(a) Walls or fencing not less than four feet high and completely surrounding the pool and deck area with the exception of self-closing and latching gates and doors, both capable of being locked.
(b) Other means not less than four feet high and deemed impenetrable by the enforcing authority at the time of construction and completely surrounding the pool and deck area when the pool is not in use.
(c) A combination of divisions (a) and (b) above that completely surrounds the pool and deck with the exception of self-closing and latching gates and doors which are capable of being locked. This applies to divisions (a) and (b) above and this division only.
(d) A power safety pool cover that:
1. Shall provide a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool;
2. Shall be mechanically operated such that the cover cannot be drawn open or retracted without the use of a:
a. Key;
b. Key and switch; or
c. Touch pad with a personal access code:
(i) Is installed with tract, rollers, rails, guides, or other accessories necessary to accomplish divisions 1. and 2. above, in accordance with the manufacturer's instructions; and
(ii) Shall bear an identification tag indicating that the cover satisfied the requirements of ASTM F (Reapproved 2003), Standards Performance Specification for Safety Covers and Labeling Requirements for all Covers for Swimming Pools, Spas, and Hot Tubs, as published by ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428- 2959 for power safety pool covers.
(3) Not less than the following lifesaving equipment shall be installed with each residential swimming pool:
(a) A ring or throwing buoy fitted with 40 feet of one-fourth inch diameter line.
(b) A pole not less than 12 feet in length.
(c) Access to a telephone.
(4) All gates and doors thereto shall be self-closing and latching and capable of being locked.
(5) Electrical service shall meet all current provisions of the National Electric Code regarding separation and clearance required from pool.
(6) Provisions of 675 IAC 14-4.3-270 is adopted by reference and local building and electrical permits, shall be required prior to the building and commencement of construction.
(Prior Code, § 154.034) (Ord. passed 4-15-1957; Ord. 1214, passed 7-24-1984; Ord. 2323, passed 10-12-2009; Ord. 2427, passed 4-16-2014) Penalty, see § 154.999