Every residential, outdoor swimming pool shall be totally enclosed
by a fence or solid structure four (4) feet in height, firmly secured
at ground level, with no opening, holes or spaces larger than four
(4) inches in any direction. Such fence or structure, including gates
therein, shall not be less than four (4) feet above finished grade,
and any gate shall be made self-closing and be equipped with a self-closing
safety latch placed at a minimum height of four (4) feet from ground
level on the inside of the gate or otherwise made inaccessible from
the outside of the gate. For the purpose of this paragraph, an exterior
door of a dwelling house can be used in lieu of a gate when such dwelling
house is used to satisfy, in whole or in part, the enclosure requirements
of this bylaw. Each swimming pool fence enclosure, as defined above,
shall be placed at a distance no greater than twenty (20) feet from
the apron of the pool.
For the purpose of this bylaw, a "residential swimming pool"
shall be defined as a swimming or wading pool more than twenty-four
(24) inches deep which is maintained by a individual for his own or
family's use or for the use of personal guests of his household
and any other swimming pool not included within the definition of
a "public or semipublic pool" under the provisions of 105 CMR 435.000
in effect as of December 31, 1986.
The provisions of this section shall not apply to fences constructed
prior to the effective date of this bylaw, provided that such fences
were constructed in conformity with the provisions in effect at the
time of construction. If no regulations existed at the time of the
construction of an existing pool, such pool enclosure shall be brought
into compliance with the existing provisions of this bylaw.
The provisions of this bylaw shall be enforced by the Building
Inspector. The Board of Health is empowered to grant a variance from
the provisions of this bylaw after a public hearing and a determination
by said Board that the public health and safety can be protected without
strict adherence to the provisions of this bylaw.