(A) Every person in possession of land within the city either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a body of water as defined in § 154.02, shall erect and maintain thereon an adequate barrier sufficient to make such body of water inaccessible to small children.
(B) When barriers are required, the barrier shall comply with the following:
(1) The top of the barrier shall be at least 60 inches (1524 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and bottom of the barrier shall be two inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to four inches (102 mm) when grade is a solid surface, such as a concrete deck, or when the barrier is mounted on top of the above-ground pool structure. When barriers have horizontal members spaced less than 45 inches (1143 mm) apart, the horizontal members shall be placed on the pool side of the barrier. Any decorative design work on the side away from the swimming pool, such as protrusions, indentations or cutouts, which renders the barrier easily climbable, is prohibited.
(2) (a) Openings in the barrier shall not allow passage of a one and three-fourths-inch-diameter (44 mm) sphere.
(b) Exceptions.
1. When vertical spacing between such openings is 45 inches (1143 mm) or more, the opening size may be increased such that the passage of a four-inch-diameter (102 mm) sphere is not allowed.
2. For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to four inches (102 mm) when the distance between the tops of horizontal members is 45 inches (1143) or more.
(3) Chain link fences used as the barrier shall not be less than 11 gauge.
(4) Access gates shall comply with the requirements of subdivisions (1) through (3). Pedestrian access gates shall be self-closing and have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1372 mm) from the bottom of the gate, the release mechanism shall be located on the pool side of the barrier at least three inches (76 mm) below the top of the gate, and the gate and barrier shall have no opening greater than one-half inch (13 mm) within 18 inches (457 mm) of the release mechanism. Pedestrian gates shall swing away from the pool. Any gates other than pedestrian access gates shall be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use.
(5) (a) Where a wall of a Group R, Division 1 or 3 Occupancy or Group U, Division 1 Occupancy serves as part of the barrier and contains door openings between the dwelling unit and the outdoor swimming pool, which provide direct access to the pool, a separation fence meeting the require-ments of subdivisions (1) through (4) shall be provided.
(b) Exception: when approved by the Building Official, one of the following may be used:
1. Self-closing and self-latching devices installed on all doors with direct access to the pool with the release mechanism located a minimum of 54 inches (1372 mm) above the floor.
2. An alarm installed on all doors with direct access to the pool. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door and its screen, if present, are opened, and be capable of providing a sound pressure level of not less than 85 dBA when measured indoors at 10 feet (3048 mm). The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last no longer than 15 seconds. The deactivation switch shall be located at least 54 inches (1372 mm) above the threshold of the door.
3. A spa or hot tub with a locking safety cover which complies with the ASTM Standard F 1346-91 shall not be required to provide other barriers. Where a locking safety cover is not provided, the spa or hot tub shall comply with the requirements of subdivisions (1) through (5) of this division.
4. The pool is equipped with an approved safety pool cover.
5. Other means of protection may be acceptable so long as the degree of protection afforded is not less than that afforded by any of the devices described above.
(6) Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps shall be capable of being secured, locked or removed to prevent access or the ladder or steps shall be surrounded by a barrier which meets the requirements of subdivisions (1) through (5) of this division. When the ladder or steps are secured, locked or removed, any opening created shall be protected by a barrier complying with subdivisions (1) through (5) of this division.
(7) Doors with direct access to an indoor swimming pool shall comply with this chapter.
(8) The provisions of this chapter shall be completed and approved in writing before a pool or body of water shall be filled. All persons main-taining existing pools or bodies of water shall comply with the provisions of this section.
(9) The Building Official may permit alternative means of pool protection, provided the protection is not less than that provided by the fencing, gates, latches and alarms described in this section.
(Ord. 990, passed 11-6-95; Am. Ord. 1028, passed 7-6-99) Penalty, see Ch. 13