All swimming pools which require a building permit shall also receive a fence permit and are subjected to the following:
(a) Every pool heretofore or hereafter constructed shall have erected around it a barrier or fence which shall be of rigid construction and which shall be not less than four feet and not over six feet in height; shall extend to within two inches of the ground and shall contain, except for gates, no openings larger than six inches square. Gates shall be securely locked when such pool is not in use by the owner thereof, or anyone using the same with his permission.
(b) Every large, above-ground pool heretofore or hereafter constructed or placed upon any lot shall have erected around it a barrier or fence which shall be of rigid construction and which shall be not less than four feet or over six feet in height; shall extend to within two inches of the ground and shall contain, except for gates, no openings larger than six inches square. Gates shall be securely locked when such pool is not in use by the owner thereof, or anyone using the same with his permission. If, in the opinion of the Zoning Inspector, the aboveground pool has, by reason of its construction, a barrier not less than four feet in height, which provides the required safety to children and restricts access to the pool, the fence required by this section may be waived.
If a pool structure is less than four feet aboveground, it shall be deemed to be a permanent in ground pool. (Ord. 2696-95. Passed 1-4-95.)