1722.08 FENCE.
   (a)   Every outdoor family swimming pool and permanent family wading pool shall be completely surrounded by an appropriate fence not less than four feet in height for family pools. A building or existing wall may be used as a part of such enclosure.
   (b)   All gates or doors opening through such enclosure shall be of self-closing and self- latching construction and shall be designed to permit locking and shall be kept locked when the pool is not in actual use, or is left unattended.
   (c)   These requirements shall apply to both new and existing outdoor family swimming pools except the owners of existing outdoor family swimming pools shall he given a reasonable period, not to exceed ninety days from the effective date of this section, in which to comply. No person in possession of land within the City, either as owner, purchaser, lessee, tenant or a licensee, upon which is situated a family swimming pool shall fail to provide and maintain such fence or wall as herein provided.
   (d)   Upon the approval by the Building Commissioner, modification may be made in individual cases, upon showing of good cause, with respect to the height, nature or location of the fence, gates or latches, or the necessity therefor, provided the protection as sought hereunder is not reduced thereby. Upon the approval of the Building Commissioner, other protective devices or structures may 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 herein. (Ord. 59-08. Passed 7-21-2008.)