§ 5-5. Fencing of swimming pools.

(a)

Fence required. Every owner, lessee, tenant, licensee or other person in possession of land within the corporate limits of the city upon which is situated a swimming pool shall at all times maintain a fence, wall or barrier that completely surrounds the swimming pool. The fence, wall or barrier shall be not less than four (4) feet in height with no openings, holes or gaps large enough for a sphere four (4) inches in diameter to pass through. A single-family, duplex or accessory building may be used as a part of such enclosure, provided that all outside entrances into the swimming pool area or court are equipped with gates as described in this section.

(b)

Gates . All gates opening directly into a swimming pool enclosure shall be equipped with self-closing and self-latching devices designed to keep, and capable of keeping, such gate securely closed at all times when not in actual use. The gate handle must be at least forty-two (42) inches above grade. Self-closing and self-latching devices are not required on doors, which provide access into buildings.

(c)

New installations . A person who, on or after March 31, 1989, obtains a permit to install a swimming pool, is responsible for assuring compliance with the revisions [provisions] of this section.

(d)

Contractor's responsibility. Before the pool is filled with water, the swim contractor is responsible for:

(1)

Ensuring that the fence/enclosure is complete;

(2)

Ensuring that all required gate latches and self-closers are in place and operating; and

(3)

A final inspection shall be obtained from the city inspection office prior to the actual use of the swimming pool.

(e)

Existing installations . All gates into swimming pool enclosures, which lawfully existed prior to March 31, 1989, shall be made to fully comply with the self-closing and self-latching provisions of subsection (b) of this section before January 31, 1991.

(f)

See 2015 International Pool and Spa Code adopted later in this code. (See Article VI, section 5-276.)

(Ord. No. 2347, § 2, 12-13-16)