Sec. 9-2.08. Swimming pool fences.

(a)    Enclosure required. Every outdoor swimming pool shall be completely surrounded by a fence or wall not less than five (5) feet in height, which shall be so constructed as not to have openings, holes, or gaps larger that four (4) inches in any dimension, except for doors and gates. If a picket fence is erected or maintained, the vertical dimension between pickets shall not exceed four (4) inches. A dwelling house or accessory building may be used as a part of such enclosure. A gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

(b)    Applicability. The requirements of this section shall be applicable to all new outdoor swimming pools constructed on or after December 24, 1958, and shall apply to all pools existing on December 24, 1958, which have a depth of more than ten (10) inches of water below the adjacent grade. No person in possession of land within the City upon which is situated an outdoor swimming pool having a depth of more than ten (10) inches of water below the grade shall fail to provide and maintain such enclosure as required by this section.

(c)    Variances. The Planning Director may make modifications of the requirements imposed by this section upon a showing of good cause with respect to the height, nature, or location of the fence, wall, gates, or latches or the necessity therefor provided the protection as sought by this section is not reduced thereby. The Planning Director 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 in this section.

(§ 5, Ord. 649, eff. September 24, 1987)