(a) Every swimming pool (including existing pools) shall have a protective barrier such as a screened enclosure, a plastic dome or a fence of sturdy construction. The fence shall not be less than 42 inches in height, measured from the level of the ground where it is located, and shall be of such design and construction as to effectually prevent a child from crawling or otherwise passing through or under such fence. Each gate in such fence shall be provided with a secure lock and shall be kept locked at all times when the depth of water in the pool exceeds 18 inches, unless the pool is in use or is under the immediate observation of a responsible person. No part of any fence shall be located between the building setback line fixed by the Zoning Code and the street on which the lot or parcel abuts.
(b) The Planning and Zoning Commission shall have the power to make exceptions to and modifications of the requirements set forth in division (a) hereof for enclosures of existing pools in cases in which, in the Commission’s opinion, such requirements are not essential to safety and the enforcement thereof would work a hardship on the owner.
(Ord. 73, passed 10-10-1960)