(a) Fence. Every private swimming pool shall be completely surrounded by a fence not less than four feet in height, which shall be constructed so that horizontal members are on the pool side of the enclosure and vertical members are not spaced more than four inches apart. Such enclosure shall be constructed of such material and shall be maintained so as not to permit any opening in said enclosure, other than a gate, wider than four inches at any point along the enclosure. A building or wall may be used as part of the enclosure.
(b) Gate. All gates or doors opening through an enclosure shall be of self-closing and self-latching construction shall be designed to permit locking and shall be kept locked when the pool is not in actual use or is left unattended.
(c) Modifications. 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, provided that the protection sought hereunder is not reduced thereby. The Building Commissioner may permit other protective devices or structures to be used, particularly in the case of large pools constructed above ground, so long as the degree of protection afforded by substitute devices or structures is not less than the protection afforded by the wall, fence, gate and latch described herein.
(Ord. 2009-07. Passed 2-18-09.)