1323.07 REQUIRED FENCES AND/OR FENCES AREAS.
   (a)    Swimming Pools.
      (1)    Every pool which is constructed either partially or wholly by means of an excavation or depression below grade shall be enclosed by a fence at least forty-two inches (42") and not more than forty-eight inches in height above the ground and shall be constructed so as to prevent access to such pool by small children; except that any pool constructed completely above grade which has a self contained fence or siding with a removable access, does not require a fence. If the pool is located in a completely fenced yard which meets the minimum requirements of this section, no additional fence is required.
      (2)    For the protection of life and limb of the general public, is shall be mandatory that a temporary fence of at least forty-two inches (42") be erected by the property owner or his agent, completely around the excavation of a swimming pool, and such fence shall remain in place until the completion of the permanent fence.
         (Ord. 2003-34. Passed 6-23-03.)