(a) (1) The owner of any property containing less than one-half acre, upon which there is located a swimming pool, fish pond or other similar structure containing water over 18 inches in depth in any portion thereof, shall install such swimming pool, fish pond or other structure in accordance with the following distances from the property lines of the lot on which it is located;
A. On lots with a 40-foot frontage, not less than three feet;
B. On lots with a 50-foot frontage, not less than five feet; and
C. On lots with a 60-foot or more frontage, not less than ten feet.
(2) The owner shall protect such swimming pool, fish pond or other similar structure by completely surrounding it with either shrubbery of sufficient density to prevent ingress and egress, or a fence approved by the Building Commissioner, at least three and one-half feet high. Any gate entrance to a required fence shall be kept locked with a suitable lock at all times when the pool, pond or other similar structure is not protected by the presence of a responsible adult person. Swimming pools aboveground which involve the use of a ladder are required to have such ladder removed or placed in such a position as to be inaccessible to a child during times when such pool is not in use or is not under supervision.
(b) Whenever the wall of any aboveground swimming pool is three and one-half feet or more above the ground level, the fencing requirements set forth in division (a) of this section shall not apply.
(c) The pool, fish pond or other structure defined in this section shall be connected to and serviced by a drain located six inches or more below the top edge of such structure and such drain shall be connected to the storm sewer system.
(d) (1) Nothing contained herein shall apply to pools placed aboveground without ladders, which meet all of the following criteria:
A. They are designed to be manually erected aboveground.
B. They do not exceed six feet in diameter nor one foot in depth.
C. They are designed to permit erection and dismantling on a seasonal basis.
(2) However, no such pool shall be installed, erected or maintained within three feet of any rear lot line or side lot line without the written consent thereto of all real property owners within a radius of ten feet of any portion of such pool.
(e) (1) The owner of any swimming pool, above-ground or in-ground, shall drain the water therein to the nearest sewer line.
(2) A complaint for a violation of this division (e) shall be referred, for investigation, to the Building Commissioner, who may issue a written reprimand and warning to the violator.
(3) All portable pools shall, when not in use, be drained or covered by any material which will be securely fastened in such a manner as to prevent access to the water in said pool. "Not in use" means any absence of a responsible adult from the immediate vicinity of the pool for any period of time.
(f) In specific cases, the Board of Housing Appeals may vary the application of this section in order that the public health, safety, convenience, comfort and general welfare may be safeguarded and substantial justice done for the reasons set forth in Section 351.14(c)(1) to (3).
(g) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 238-08. Passed 10-6-08.)