(a) Every in-ground swimming pool and/or pond shall be completely enclosed by a fence of sturdy construction not less than 60 inches in height, measured from the level of the ground where located, which shall be of such design and construction as to effectually prevent a child from crawling or otherwise passing through or under the fence. Each gate in the fence shall be provided with a secure lock and shall be kept locked at all times when the depth of water in the pool exceeds 18 inches, unless the pool is in use or under the immediate observation of a responsible person. No part of any fence shall be located between the building setback line fixed by Section 1321.01 of the Building Code and the street on which the lot or parcel abuts. Said fence or wall does not apply to pools entirely above ground.
(b) As an alternative means of protection around swimming pools, in lieu of a wall or fence, a locking cover shall be acceptable provided that the cover is capable of supporting a 300- pound superimposed load acting on an area of one square foot at any point on the outer surface of the cover. Such cover shall include a lock which shall be of such construction that when the pool is not in use it shall be maintained so as to prevent as far as practicable, uncontrolled access to or unauthorized use by children or other persons.
(c) The construction and/or placement of any fence required under this section shall fully comply with the provisions of Chapter 1321.
(d) The Zoning Board of Appeals shall have the power to make exceptions to and modification of the above requirement for fences for existing in-ground pools or ponds, in cases which, in the Board’s opinion, such requirements are not essential to safety and the enforcement thereof would work hardship on the owners.
(Ord. 2017-10. Passed 11-13-17.)
CODIFIED ORDINANCES OF STRYKER