(A) Application. The provisions of this section shall control the design of barriers for residential swimming pools. These design controls are intended to provide protection against potential drownings and near-drownings by restricting access to swimming pools.
(B) Definition. For the purpose of this section, BARRIER shall be defined as a fence, wall, building wall, or combination thereof which completely surrounds a swimming pool and obstructs access to the swimming pool.
(C) Barriers for outdoor swimming pools. An outdoor swimming pool, including an in-ground, above-ground, or on-ground pool, shall be provided with a barrier which shall comply with the following:
(1) The top of the barrier shall be at least 72 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above-ground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches;
(2) Openings in the barrier shall not allow passage of a four-inch diameter sphere;
(3) Solid barriers which do not have openings, such as a masonry or stone wall, shall not contact indentations or protrusions except for normal construction tolerances and tooled masonry joints;
(4) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed one and three-fourth inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-fourth inches in width;
(5) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-fourth inches in width;
(6) Maximum mesh size for chain link fences shall be a one and one-fourth inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than one and three-fourth inches;
(7) Where the barrier is composed of diagonal members, such as a lattice fence, the maximum openings formed by the diagonal members shall not be more than one and three-fourth inches;
(8) Access gates shall comply with the requirements of divisions (C)(1) through (C)(7) above and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism and openings shall comply with the following:
(a) The release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate; and
(b) The gate and barrier shall have no opening greater than one-half inch within 18 inches of the release mechanism.
(9) Where a wall of a dwelling serves as part of the barrier, one of the following conditions shall be met:
(a) The pool shall be equipped with a powered safety cover;
(b) All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with manual means, such as touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for not more than 15 seconds. The deactivation switch(es) shall be located at least 54 inches above the threshold of the door; or
(c) All doors with direct access to the pool through the wall shall be equipped with a self-closing and self-latching device with the release mechanism located a minimum of 54 inches above the floor. Swinging doors shall open away from the pool area.
(10) Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then:
(a) The ladder or steps shall be capable of being secured, locked, or removed to prevent access; or
(b) The ladder or steps shall be surrounded by a barrier which meets the requirements of divisions (C)(1) through (C)(9) above. When the ladder or steps are secured, locked, or removed, any opening created shall not allow the passage of a four-inch sphere.
(D) Barrier exceptions. A swimming pool with an operational power safety cover shall be exempt from the provisions of this chapter, but only if the pool is covered at all times when no one is making actual use of the pool.
(1977 Code, § 4-1-4) (Ord. 75-4, passed 8-11-1975; Ord. 08-03, passed 7-10-2008)