(A)   Privately owned artificial basins of water used for swimming or wading, hereinafter “swimming pools” shall be in conformity with the requirements of this subchapter; provided, however, these requirements shall not be applicable to any such swimming pool less than 24 inches deep or having a surface area of less than 250 square feet, except when such pools are permanently equipped with a water recirculating system or involve structural materials.
   (B)   No person shall own, possess, build, construct, install, enlarge or alter a swimming pool as defined in division (A), unless there shall be erected and maintained an adequate enclosure, either surrounding the property upon which the swimming pool is located or the pool area itself, sufficient to make such a body of water inaccessible to small children.
   (C)   All swimming pools, regardless of whether they are of permanent or temporary construction and regardless of whether they are reconstructed in the ground or above the ground, shall be protected by a fenced enclosure with a height of at least 4 feet above the underlying ground level and shall be equipped with a self-latching gate having a latch at least 4.5 feet from the bottom of the gate, the release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate. The gate to the fenced enclosure around each swimming pool shall be locked with a lock which can be opened only with a key or combination whenever the pool is not in use.
   (D)   The provision of this section shall apply to any swimming pool, herein defined, built, constructed, installed, enlarged or altered after the effective date of this section. Within 3 months of the effective date of this section existing swimming pools must meet the standards in divisions (A), (B), (C) and (D).
(Ord. 2831, passed 3-4-1999)