§ 8-01-140. Swimming pool enclosure requirements.

(a)

Definitions. For the purposes of this section, the following terms, words and phrases shall have the meaning given herein:

Enclosure. A wall, building, fence, gate or any combination thereof which controls access to the pool proper. This enclosure shall be constructed so as to provide protection for the safety of uninvited guests. All enclosures constructed after August 31, 1979 shall be of ninety-five (95) percent opacity to prevent viewing into the enclosed area. The opacity requirement shall not apply if the enclosure is at least six (6) feet in height above the grade surrounding the outside of the enclosure.

Large gate. A means of entrance or exit which is intended for use by motor vehicles which includes, but is not limited to, motorboats, trailers and service and maintenance vehicles. Large gates shall be the same height as the fence or wall, shall be locked either by a key lock, combination lock or some other form of padlock, and if constructed after August 31, 1979, shall be ninety-five (95) percent opaque. The opacity requirement shall not apply if the gate is at least six (6) feet in height above the grade surrounding the outside of the enclosure.

Small gate. A means of entrance or exit which is intended for foot traffic, which includes but is not limited to, people and pets. Small gates shall be the same height as the wall or fence, shall be equipped with a self-closing and self-latching device at least five (5) feet above the grade, for keeping the gate or door securely closed at all times when not in actual use, and if constructed after August 31, 1979, shall be ninety-five (95) percent opaque. The opacity requirement shall not apply if the gate is at least six (6) feet in height above the grade surrounding the outside of the enclosure.

Swimming pool. Any structure containing an artificial body of water together with all pumps, filters and other appurtenant equipment to control the quality, clarity and flow of the water and used or intended to be used as a place for swimming, diving, bathing or similar recreation activities having a depth of more than twenty-four (24) inches, at any point.

(b)

Enclosure. Every swimming pool shall be completely surrounded by an enclosure not less than five (5) feet in height above the grade surrounding the outside of the enclosure. A dwelling house or accessory building may be used as part of such an enclosure. All fence openings or points of entry into the pool area shall be equipped with either large or small gates of the same height as the fence or wall.

(c)

Height requirements. Enclosures are not in compliance with the height requirements of this section if there are any materials stacked or placed on the outside of the enclosure which would shorten the distance to the top of the enclosure to less than the height requirements of this section.

(d)

Exceptions. Where the physical configuration of multifamily pools in existence on August 31, 1979, does not permit compliance with the provisions of this section, the code official may issue a special permit allowing the continuance of such facility. Every swimming pool in existence on August 31, 1979, shall be completely surrounded by an enclosure at least four (4) feet in height. However, all enclosures constructed after such date shall comply with paragraph (b) of this section. This section shall not apply to motels or hotels.

(e)

Penalties. Any person in possession of land within the city, either as owner, purchaser, lessee or tenant, violating any of the provisions of this section shall upon conviction hereof be subject to punishment as provided in section 1-01-100 of this Code.

(Ord. No. 593, §§ 1—5, 8-21-79; Ord. No. 1003, § 15, 3-25-97; Ord. No. 1340, § 3, 8-11-08)