1303.14 SWIMMING POOLS.
   Every swimming pool, public or private, that is required to have a building permit under the provisions of this Chapter 1303 shall have a fence installed around the perimeter that complies with the following standards:
   (a)   Fences shall be not less than four (4) feet in height (from finished grade) with no opening, other than doors or gates, larger than three (3) square inches. The fence around the swimming pool area may include yard areas as long as the fence, together with any buildings or other structures to which the fence abuts, prevents unauthorized access to the swimming pool area except through doors or gates.
   (b)   All gate or door openings through the fence shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping such door or gate securely closed at all times when the door or gate is not in use. All self- closing and self-latching devices shall be installed at a height on the door or gate not less than three and one-half (3 ½) feet above the ground level at such door or gate, or secured from the outside by a locking mechanism; provided, that the door of a single family residence that is part of the required enclosure need not be equipped with self-closing and self-latching devices if all other provisions of this Section 1303.14 have been met.
   (c)   For the purposes of this Section 1303.14, a “swimming pool” shall mean any structure, basin, chamber or tank containing water used for swimming, diving, relaxing, or recreational bathing, and having a depth of one and one half (1 ½) feet or more at any point.
   (d)   The fence required under this Section 1303.14 shall be installed before final inspection of the swimming pool, as required under Section 1303.12. In no event shall the swimming pool be filled with water or used until the fence is installed and inspected.
   (e)   In addition to this Section 1303.14, swimming pools are subject to the zoning regulations in Codified Ordinance Section 1151.22 and the setback requirements of the applicable zoning district.
      (Ord. 2007-133. Passed 11-26-07.)