(A) All pools, hot tubs, or spas shall be provided with required safeguards to prevent children from gaining uncontrollable access. A successful barrier shall be considered one which prevents a child from getting over, under, or through and keeps the child from gaining access to the pool, hot tub, or spa except when supervising adults are present. Permanent fences shall meet all requirements of § 150.087. Temporary fencing may be exempted from some of the requirements of § 150.087 upon approval of the City Manager or designee, but for a period of no more than the duration of the applicable permit, or 180 days, whichever is less.
(1) Safeguards shall include a fence at least six feet in height, unless exempted per § 150.068(C).
(2) Openings in the barrier (i.e., spaces between fence pickets, railing balusters, and the like) shall not allow passage of a four-inch sphere.
(3) All fence openings or points of entry into the enclosure area shall be equipped with a gate, and all gates must be equipped with self-closing and self-latching devices placed so as to be inaccessible to small children. The gates shall be locked at all times when the pool, hot tub, or spa is not in direct use.
(B) Suction outlets shall be designed and installed in accordance with ANSI/APSP-7.
(C) The following shall be considered fencing exemptions or modifications for spas, hot tubs, and certain above ground pools as specified:
(1) Exempted. Spas or hot tubs with a safety cover which comply with ASTM F1346 (per § 303 of the International Property Maintenance Code (2018) shall be exempted from any required fencing of this subchapter.
(2) Modified. Above ground pools with sides or attached fences which are four feet in height around the entire circumference, insurmountable, with an access ladder or steps capable of being secured, locked, removed, or otherwise protected to prevent access, shall require a fence of no less than four feet in height rather than the required six feet of division (A) above, while meeting all other safety fence requirements.
(Prior Code, § 150.053) (Ord. 2022-03, passed 5-24-2022) Penalty, see § 150.999