(A) Setbacks. All swimming pools shall meet the following requirements, in addition to setbacks and other requirements specified elsewhere:
(1) Swimming pools may be permitted consistent with CAMA’s general use standards for Ocean Hazard Area of Environmental Concern (AEC) pursuant to G.S. 15A NCAC 07H.0309.
(B) Prohibited.
(1) It shall be unlawful for any person to cause, permit, maintain or allow a swimming pool to be a nuisance as defined herein.
(2) Pools and spas are allowed adjacent to coastal buildings only if these amenities will not act as obstructions that lead to damage to nearby buildings. Pools and spas must be installed in-ground (either frangible or immovable) or completely elevated above the DFE. This constraint applies where the ground level is below, at or above the DFE. Above-ground pools within the DFE are prohibited.
(C) Fence required; gates. All swimming pools shall be completely surrounded by a fence not less than four feet in height. If a fence is erected, the width between any opening or pickets shall not exceed four inches. Openings in any such fence, gate, or wall may not exceed four inches. The wall(s) of a principal or accessory building may be used to meet this enclosure requirement. All gates or doors opening through such fence, wall, house or building shall have self-closing and self-latching devices for keeping the gate or door closed at all times when not in actual use. Fence gates shall open outward away from the swimming pool.
(D) Modifications and exceptions. The Administrator may make modifications in writing with respect to the height, nature or location of the fence, wall, gates or latches, in individual cases, upon a showing of good cause provided the protection as sought hereunder is not reduced thereby. The Administrator may permit in writing other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate and latch described herein.
(E) Spas and hot tubs; covers. Spas or hot tubs with a safety cover must comply with ASTM F 1346 as required in Appendix G of the State Building Code and shall be exempt from § 7-132(b)4. Covers must be closed and locked when the spa or hot tub is not in use.
(Ord. passed 9-24-2008; Ord. passed 11-2-2011; Ord. 2017-2, passed 2-1-2017; Ord. 2017-4, passed 5-3-2017) Penalty, see §
10.06