1377.02 ENCLOSURE OF SWIMMING POOLS.
   (a)    Every outdoor, in-ground commercial swimming pool or family pool shall be completely surrounded by a fence or wall not less than four (4) feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four (4) inches in any dimension except for doors and gates. If a picket fence is erected or maintained, the horizontal dimension shall not exceed four (4) inches. An accessory building may be used as part of such enclosure, and a dwelling house may be used as a part of such enclosure of a family pool.
   (b)    All gates or doors opening through such enclosure shall be equipped with a self- closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
   (c)   Every outdoor, above-ground commercial or family swimming pool with a height of forty-eight (48) 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, removed entirely and/or otherwise secured in the upright position to prevent ingress; or
      (2)   Equipped with a self-closing and self-locking gate or fence, forty-eight (48) inches in height, which encloses the steps; or
      (3)   Equipped with a fence a minimum height of two (2) feet around the top perimeter of the pool or spa, 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 or fence, forty-eight (48) inches in height, which encloses the steps.
   (d)    These requirements shall be applicable to all new commercial swimming pools or family pools hereafter constructed, other than indoor pools, and shall apply to all existing pools which have a minimum depth of eighteen (18) inches of water. No person in possession of land, either as owner, purchaser, lessee, tenant or a licensee, upon which is situated a commercial swimming pool or family pool having a minimum depth of eighteen (18) inches shall fail to provide and maintain such fence or wall as herein provided.
(Ord. 75-2017. Passed 8-17-17.)