1369.09 FENCES.
   (a)   Every outdoor in-ground swimming pool shall be completely surrounded by a fence of not less than 48 inches in height, located not further than 50 feet from the edge of the swimming pool. A building or existing wall may be used as part of such fence. Every outdoor, above-ground swimming pool with a height of 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 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.
   (b)   Before work is commenced on the construction of the fence, or on any alteration, addition, remodeling or other improvement thereto, an application for a permit to do such work shall be submitted to the Director of Buildings for approval. No part of the work shall be commenced until the Director of Buildings has indicated his or her approval by granting a permit therefor. The fee for a permit to construct a fence around a swimming pool shall be as provided in Section 1335.10 of the Building and Housing Code.
   (c)   All gates or doors opening through a fence shall be manufactured self-closing and self-locking and shall be kept locked when the pool is not in actual use or when it is left unattended.
   (d)   No person in possession of land within the City, either as owner, purchaser, lessee, tenant or licensee, where there is a swimming pool required by this chapter to have a fence surrounding it, shall fail to provide and maintain the fence as specified in this section within 90 days from notification of such a violation.
(Ord. 1995-12. Passed 3-13-95; Ord. 2002-17. Passed 3-25-02; Ord. 2016-37. Passed 10-10-16.)