(A) All private in-ground and above-ground pools except as noted below must be completely enclosed, including a self-latching gate, with a minimum of a four-foot fence so as to prevent unauthorized or accidental access by children. All latches must be placed at a minimum of four feet above the ground. Above-ground pools greater than four feet in height with a retractable or removable ladder and all pools smaller than 100 square feet and 18 inches in depth or less and not containing any recirculating equipment shall be exempt from this requirement.
(B) The Enforcement Officer shall have the authority to waive this requirement in light of extenuating circumstances regarding a particular piece of property such as natural barriers preventing access and location on large fenced lots. A natural barrier, hedge, pool cover, or other protective devise approved by the Code Enforcement Officer may be used if the degree of protection is comparable to the required protections specified in division (A) above.
(C) All public swimming pools must meet all applicable state regulations regarding fencing. In- ground pools shall be in conformity with the requirements set forth herein and the state Building Code § 625.0, as amended.
(D) A permit must be obtained for Planning and Zoning, with a site inspection by the Code Enforcement Officer before installing a swimming pool.
(E) The penalty for a violation of this section shall be set out in § 152.999. No penalty as it may relate to this section shall be enforced retroactively against any property owner.
(Prior Code, § 152.142) (Ord. 920.27, passed 10-7-1993; Ord. 2018-0412, passed 4-5-2018) Penalty, see § 152.999