A.        Applicability.  Every swimming pool, hot tub or spa not enclosed within a building shall meet the requirements of this Section; provided, however, that any swimming pool, hot tub or spa installed prior to the effective date of the ordinance codified in this Section which does not meet the requirements of this Section shall be brought into compliance on or before July 31, 2008, or at the time of remodeling of the swimming pool, hot tub or spa or the deck for such swimming pool, hot tub or spa, whichever is sooner.

B.         Fence or wall enclosures. 

1.         Every swimming pool, hot tub or spa not equipped with a safety cover meeting the requirements of subsection C hereof shall be completely enclosed by a fence or wall:

             a.         Located not less than four feet (4') from the swimming pool, hot tub or spa;

            b.         With a minimum vertical height of not less than four feet (4') for a single-family residential swimming pool; and not less than six feet (6') for any public pool, community pool, private club pool, homeowners association pool or multi-family complex pool;

            c.         With a maximum vertical clearance from the ground to the bottom of the fence or wall of two inches (2");

            d.         With no gaps or voids which allow passage of a sphere equal to or greater than four inches (4") in diameter;

            e.         With any pedestrian access gate opening away from the swimming pool, hot tub or spa and is equipped with a self-closing, self-latching device placed no lower than four feet (4') above the ground; and

            f.          With any gates other than pedestrian access gates equipped with lockable hardware or padlocks and  locked at all times when not in use.

2.         An existing wall or portion of a building may serve as one or more sides of the enclosure.

C.        Safety covers. 

1.         Any swimming pool not enclosed by a fence or wall in compliance with subsection B hereof shall be equipped with an approved power safety cover that meets or exceeds current American Society for Testing and Materials (ASTM) standards.

2.         Any hot tub or spa not enclosed by a fence or wall in compliance with subsection B hereof shall be equipped with an approved manual safety cover that meets or exceeds current American Society for Testing and Materials (ASTM) standards.

3.         Safety covers shall be closed at all times when the swimming pool, hot tub or spa is not in use.

(Ord. 2007-13 § 6 (part);Ord. 2005-27)