1456.02 PERMIT REQUIRED; FENCING; LOCATION.
   (a)   No person shall locate, construct, install or maintain any swimming pool or wading pool, or make any change in such pool or appurtenance thereof, unless he or she has submitted an application and plans therefor and obtained a permit and authorization from the Division of Building and Zoning Inspection and the Health Department. Private wading pools that are portable or of temporary construction do not require a building permit.
   (b)   No person shall locate, construct, install, make, change, maintain or use a private swimming pool or private wading pool unless the pool or premises upon which it is located is enclosed by a fence or other barriers not less than sixty inches in height, measured from the ground level, with no opening greater than three inches wide, and so constructed and of such strength that children under the age of seven years are unable to pass through. Any entrance or exit in such fence shall be equipped with a self-closing gate with a lock.
   (c)   No swimming or wading pool shall be located in any front yard on any lot, or between any street and any building line. A swimming or wading pool may be located in part of the rear yard behind a residence as an additional accessory use. No swimming pool may be placed closer than five feet to any property line or building.
   (d)   Swimming pools smaller in size than the minimum standards set out in this chapter may or may not be required to provide recirculation equipment, as provided for in Section 1456.03, so long as it does not create a health or nuisance hazard or problem, and upon proper authorization.
(Ord. 42-1981. Passed 2-23-81.)