(a) Every outdoor swimming pool shall be completely surrounded by a fence not less than six feet in height for public swimming pools, and not less than four feet in height for private swimming pools. A fence shall be constructed so that access is effectively restricted. A building or existing wall may be used as part of such enclosure. All gates or doors opening through such enclosure shall be designed to permit locking and shall be kept locked when the pool is not in actual use or is left unattended.
(b) Every outdoor, above-ground swimming pool with a height of 24 inches or greater, measured from the ground upward, and which is not contained in a fenced-in yard, must be:
(1) Equipped with retractable steps which may be locked or otherwise secured in the upright position to prevent ingress; or
(2) Equipped with a self-closing and self-locking gate or fence, 48 inches in height, which encloses the steps; or
(3) Equipped with a fence with a minimum height of two feet around the top perimeter of the pool, with retractable steps which may be locked or otherwise secured in the upright position or which is equipped with a self-closing and self-locking gate, 48 inches in height, which encloses the steps.
(c) The Building Commissioner may make modifications in individual cases, upon a 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. The Building Commissioner may permit other protective devices or structures to 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. 2019-42. Passed 5-20-19.)