Except for pools built substantially above existing grade level and which have above- grade sidewalls no less than four feet in height together with a deck at the top edge of the pool which is surrounded by an outer edge protective railing and which is fitted with an access ladder which can be lifted and locked in position to form an enclosed area in conjunction with the protective railing or which access ladder can be entirely removed and a gate or door be closed and locked to form an enclosed area with the protective railing (herein called “aboveground swimming pools”), every outdoor swimming pool shall be completely surrounded by a fence not less than six feet in height from the existing grade line for public swimming pools, and not less than four feet an height from the existing grade line for family swimming pools. The fence shall be constructed in accordance with the provisions of Part Eleven - The Planning and Zoning Code. A building or existing wall may be used as part of such enclosure.
All gates or doors opening through such fence enclosure shall be designed to permit locking and shall be kept locked when the pool is not in actual use, or is left unattended.
All aboveground swimming pools shall be designed to contain a protective railing at the outer edge of the deck which railing shall be not less than three feet in height and so that the access ladder may be lifted anal locked in position to form an enclosed area in conjunction with the railing or be capable of being removed and be fitted with a gate or door across the access space which is capable of being locked to form an enclosed area in conjunction with the railing. When the pool is not in actual use or is left unattended, the access ladder shall either be lifted and locked in position to form an enclosed area, or be moved and a gate or door to close the opening through the protective railing shall be put in place and locked.
The requirements for fencing and gates or lift or movable access ladders on aboveground pools shall apply to both new and existing outdoor swimming pools having a maximum depth over twenty-four inches, except that owners of existing outdoor pools shall be given a reasonable period, not to exceed six months from the effective date of this section (Ordinance 67-26, passed April 19, 1967) in which to comply. No person in possession of land within the City, either as owner, purchaser, lessee, tenant or a licensee, upon which is situated a swimming pool having a maximum depth over twenty-four inches shall fail to provide and maintain such fence or wall or liftable or removable access ladder as herein provided.
The Board of Zoning Appeals may make modifications in individual cases, upon a showing of good cause with respect to the height, nature or location of the fence, gates or latches, or the necessity therefor, provided the protection as sought hereunder is not reduced thereby. The Inspector of Buildings may permit other protective devices or structures to be used as long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate and latch described herein.
(Ord. 67-26. Passed 4-19-67.)