[1]
Cross reference: Public swimming pools, § 38-255.
[Code 1974, §§ 93-1—93-3]
(a) 
In this section the term "swimming pool" means a body of water in an artificial or semiartificial receptacle or other container, used or intended to be used for private, public, or semipublic swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed upon such adults or children, operated or maintained by any person, whether he be an owner, lessee, operator, licensee, possessor, or renter. The term "swimming pool" shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool, and also motels, hotels, school, clubs, fraternal organizations, societies, university groups, and community associations.
(b) 
Every outdoor swimming pool or family pool shall be completely surrounded by a fence or wall not less than four feet in height which shall be so constructed as not to have openings, holes, or gaps larger than four inches in any dimension except for doors and gates. If a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. A dwelling house or accessory building may be used as part of such enclosure.
(c) 
All gates or doors opening through such enclosure shall be equipped with self-closing and self-latching devices located at least 42 inches from the bottom of the gate, such device to be used 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.
(d) 
This section shall be applicable to all new swimming pools hereafter constructed, other than indoor pools, and shall apply to all existing pools which have a depth at any point therein of greater than 18 inches of water. No person in possession of land within the Township, either as owner, purchaser, lessee, tenant, or as a licensee, upon which is situated a swimming pool having a depth at any point herein of greater than 18 inches shall fail to provide and maintain such fence or wall as provided in this section.
(e) 
The supervisor or the Township Chief Building Inspector, or their duly appointed agents, shall inspect or cause to be inspected all swimming pools within the Township at such times as deemed necessary to carry out the intent of this section. Such persons are hereby authorized to enter upon any premises, private or public, at such times as they may deem necessary and to require the owner, proprietor, possessor, lessee, tenant, licensee, renter, or operator to comply with the requirements of this section. In the event of failure of compliance after written notice of the requirements of this section, the supervisor or the Chief Building Inspector or their duly appointed agents shall have the power to abate or cause a suspension of the use of such swimming pool until such time as the same is, in the opinion of the supervisor or the Chief Building Inspector or their duly appointed agents, no longer a menace or hazard to health, safety, or morals.