[R.O. 2012 § 510.010; Ord. No. 1176 § 1, 7-9-2007]
Private swimming pools, spas and hot tubs shall be enclosed in accordance with Sections 510.020 through 510.050 or by their approved barriers.
[R.O. 2012 § 510.020; Ord. No. 1176 § 1, 7-9-2007]
A. 
An outdoor private swimming pool, including an in-ground, aboveground or on-ground pool, hot tub or spa shall be provided with a barrier which shall comply with the following:
1. 
The top of the barrier shall be at least forty-eight (48) inches(1,219 mm) above finished ground level measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between finished ground level and the barrier shall be two (2) inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above finished ground level, such as an aboveground pool, the barrier shall be at finished ground level, such as the pool structure or shall be mounted on the top of the pool structure. Where the barrier is mounted on the pool structure, the opening between the top surface of the pool frame and the bottom of the barrier shall not allow passage of a four-inch (102 mm) diameter sphere.
2. 
Openings in the barrier shall not allow passage of a four-inch (102 mm) diameter sphere.
3. 
Solid barriers shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
4. 
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less that forty-five (45) inches (1,143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed one and three-fourths (1 3/4) inches (44 mm) in width. Decorative cutouts shall not exceed one and three-fourths (1 3/4) inches (44 mm) in width.
5. 
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is forty-five (45) inches (1,143 mm) or more, spacing between vertical members shall not exceed four (4) inches (102 mm). Decorative cutouts shall not exceed one and three-fourths (1 3/4) inches (44 mm) in width.
6. 
Maximum mesh size for chain-link fences shall be a one and one-fourth (1 1/4) inch (32 mm) square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than one and three-fourths (1 3/4) inches (44 mm).
7. 
Where the barrier is composed of diagonal members such as a lattice fence, the maximum opening formed by the diagonal members shall be not more than one and three-fourths (1 3/4) inches (44 mm).
8. 
Access gates shall comply with the requirements of Subsection (A)(1) through (7) of this Section and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than fifty-four (54) inches (1,372 mm) from the bottom of the gate:
a. 
The release mechanism shall be located on the pool side of the gate at least three (3) inches (76 mm) below the top of the gate; and
b. 
The gate and barrier shall not have an opening greater than one-half (1/2) inch (13 mm) within eighteen (18) inches (457 mm) of the release mechanism.
9. 
Where a wall of a dwelling unit serves as part of the barrier and contains a door that provides direct access to the pool, one (1) of the following shall apply:
a. 
All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The audible warning shall commence not more than seven (7) seconds after the door and door screen, if present, are opened and shall sound continuously for a minimum of thirty (30) seconds. The alarm shall have a minimum sound pressure rating of eighty-five (85) dBA at ten (10) feet (3,048 mm) and the sound of the alarm shall be distinctive from other household sounds such as smoke alarms, telephone and door bells. The alarm shall automatically reset under all conditions. The alarm shall be equipped with manual means, such as touchpads or switches, to deactivate temporarily the alarm for a single opening from either direction. Such deactivation shall last for not more than fifteen (15) seconds. The deactivation touchpads or switches shall be located at least fifty-four (54) inches (1,372 mm) above the threshold of the door.
b. 
All doors with direct access to the pool through that wall shall be equipped with a self-closing and self-latching device with the release mechanism located a minimum of fifty-four (54) inches (1,372 mm) above the floor. Swinging doors shall open away from the pool area.
c. 
The pool shall be equipped with a power safety cover. Where in a closed position, the cover shall be capable of holding a weight of four hundred eighty-five (485) pounds (2157 N), shall not have any openings that allow passage of four and one-half (4 1/2) inches (114 mm) sphere and shall incorporate a system to drain standing water that collects on the cover. The cover control switch shall be permanently installed in accordance with NFPA 70 listed in Chapter 35 and be key-operated and of a spring-loaded or momentary contract type. Where the switch is released, the operation of the cover shall stop instantly and be capable of reversing direction immediately. The switch shall be in the line of sight of the complete pool cover.
10. 
Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure and the means of access is a fixed or removable ladder or steps, the ladder or steps shall be surrounded by a barrier which meets the requirements of Subsection (A)(1) through (9) of this Section. A removable ladder shall not constitute an acceptable alternative to enclosure requirements.
[R.O. 2012 § 510.030; Ord. No. 1176 § 1, 7-9-2007]
All walls surrounding an indoor private swimming pool shall comply with Section 510.020(A)(9).
[R.O. 2012 § 510.040; Ord. No. 1176 § 1, 7-9-2007]
Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.
[R.O. 2012 § 510.050; Ord. No. 1176 § 1, 7-9-2007]
A. 
The following shall be exempt from the provisions of this Chapter:
1. 
A spa or hot tub with an approved safety cover.
2. 
Fixtures which are drained after each use.