1337.05 ENCLOSURE OF SWIMMING POOL.
   Every outdoor ground-level swimming pool and every person, firm or corporation owning land upon which is situated a ground-level swimming pool, fish pond or other body of water containing twenty-four (24) inches or more of water in depth at any one point, shall erect and maintain thereon a fence of not less than four (4) feet in height, and which shall be so constructed as not to have openings, holes or gaps larger than four (4) inches in any dimension except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four (4) inches. A principal or accessory building may be used as part of such enclosure. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any building which forms a part of the enclosure need not be so equipped. Self-closing or self-latching devices shall be placed not less than three (3) feet above the ground. In the case of an above-the-ground pool, the walls of the pool above ground may be used as the lower portion of the four (4) foot high fence requirement. The added upper portion must be of sturdy construction and shall comply with this code. Some effective means must be provided to deny access to the pool when the pool is not in use or a responsible person is not in attendance. (Example: Ladders must be removed and secured elsewhere; stairs must be raised and locked in the "up" position.). Where decks or other structures are added to above-the-ground pools, the added portion must be four (4) or more feet above the ground and some effective means must be provided to deny access to the pool deck or other structure when the pool is not in use or a responsible person is not in attendance. (Ord. 2011-69. Passed 9-13-11.)