§ 152.036  SWIMMING POOLS.
   Residential swimming pools shall be maintained in good repair, and in a clean, safe and sanitary condition, that is not a nuisance to the general public.
   (A)   Enclosures. Private swimming pools, hot tubs and spas containing or designed to contain, water more than 24 inches in depth shall be completely surrounded by a fence or barrier at least 48 inches in height above the finished ground level, measured on the side of the barrier away from the pool. The barrier may be the pool structure, or may be mounted on the pool structure. Openings between grade and the barrier, or the top of the pool structure and barrier (when the top of pool is less than 48 inches above grade), shall be no more than four inches. Gates and doors in such barriers shall be self-closing and self-latching. Where the self latching device is located less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. No existing pool enclosure shall be removed or replaced in a manner that reduces its effectiveness as a safety barrier.
   (B)   Exception. Spas or hot tubs with an approved safety cover shall be exempt from the provisions of this section.
(Ord. 11-015, passed 5-4-11)