means a fence, dwelling wall, non-dwelling wall, or a combination of fences and walls that completely surrounds a swimming pool and obstructs access to the swimming pool.
means a swimming pool that is totally contained within a building and surrounded on all four sides by the walls of a building.
means a swimming pool that is not an indoor swimming pool.
means a non-permanent structure intended for recreational bathing in which all controls and water-heating and water-circulating equipment are an integral part of the product and that is cord-connected and not permanently electrically wired.
means that which is located on the premises of a detached one- or two-family dwelling or a one-family townhouse not more than three stories high.
means a structure that is intended for swimming or recreational bathing and that contains water over 24 inches deep, including an in-ground, above-ground, or on-ground swimming pool, hot tub, or spa.
(Ordinance 2011-10-10, sec. 1, adopted 10/10/11)
(a)
Any person that violates, neglects, or refuses to comply with, or that resists the enforcement of, any of the provisions of this division shall be fined not less than zero dollars ($0.00) nor more than five hundred dollars ($500.00) if found guilty. Each day that a violation is permitted to exist shall constitute a separate offense and shall be punishable as such. The city may also bring suit for injunction against any person that shall violate or threaten to violate any of the provisions of this division, in order to prevent a continued violation or such threatened violation. If any damage to property occurred as a result of the violation of any section of this division, the court may order restitution be paid for such damage.
(b)
The fine schedule shall be as follows:
(1)
First offense may not exceed two hundred dollars ($200.00).
(2)
Second offense shall not be less than fifty dollars ($50.00) nor more than three hundred fifty dollars ($350.00).
(3)
Third offense shall not be less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
(4)
Subsequent offenses shall not exceed five hundred dollars ($500.00) per offense.
(Ordinance 2011-10-10, sec. 15, adopted 10/10/11)
(a)
This division applies only to a swimming pool that is located on the premises of a detached one- or two-family dwelling or of a one-family townhouse not more than three stories high.
(b)
This division does not apply to a portable spa if it has a safety cover that complies with American Society of Testing Materials Standard ASTM F1346-91.
(Ordinance 2011-10-10, sec. 2, adopted 10/10/11)
(a)
The top of a barrier for an outdoor residential swimming pool shall be at least 48 inches above the grade as measured on the side of the barrier that faces away from the swimming pool.
(b)
The vertical clearance between the grade and the bottom of the barrier may not exceed 4 inches as measured on the side of the barrier that faces away from the swimming pool.
(c)
If the top of the pool structure is above the grade, such as an above-ground pool, the barrier may be at ground level or mounted on top of the pool structure.
(d)
If a barrier is mounted on top of a pool structure, the vertical clearance between the top of the pool structure and the bottom of the barrier may not exceed 4 inches.
(Ordinance 2011-10-10, sec. 4, adopted 10/10/11)
(a)
An opening in a barrier for an outdoor residential swimming pool may not be of a size that would allow that would allow [sic] the passage of a sphere that is 4 inches in diameter.
(b)
A solid barrier that does not have an opening, including a masonry or stone wall, may not contain indentations or protrusions other than normal construction tolerances and tooled masonry joints.
(Ordinance 2011-10-10, sec. 5, adopted 10/10/11)
(a)
If a barrier for an outdoor residential swimming pool is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches:
(Ordinance 2011-10-10, sec. 6, adopted 10/10/11)
The mesh size for a chain-link fence that forms a barrier for an outdoor residential swimming pool may not exceed 1-1/4 inches square unless the fence has slats fastened at the top or bottom of the fence that reduce the openings to not more than 1-3/4 inches.
(Ordinance 2011-10-10, sec. 7, adopted 10/10/11)
If a barrier for an outdoor residential swimming pool is composed of diagonal members, such as a lattice fence, the opening formed by the diagonal members may not exceed 1-3/4 inches.
(Ordinance 2011-10-10, sec. 8, adopted 10/10/11)
(b)
A gate shall have a self-latching device. In addition, a pedestrian access gate shall open outwards away from the swimming pool and shall be self-closing.
(c)
If the release mechanism of a self-latching device is located less than 54 inches from the bottom of the gate:
(Ordinance 2011-10-10, sec. 9, adopted 10/10/11)
(b)
A door that gives direct access to a swimming pool through the wall shall be equipped with an alarm that:
(1)
Produces an audible warning when the door and its screen, if present, are opened;
(2)
Sounds continuously for at least 30 seconds immediately after the door is opened;
(3)
Has a minimum sound pressure rating of 85 dB(A) at 10 feet;
(4)
Has a sound that is distinctive from other household sounds such as smoke alarms, telephones, and doorbells;
(5)
Automatically resets under all conditions;
(6)
Is equipped with manual means, including touchpads or switches, to temporarily deactivate the alarm for a single for a single [sic] opening from either direction.
(Ordinance 2011-10-10, sec. 10, adopted 10/10/11)
(a)
If an above-ground pool structure is used as a barrier or the barrier is mounted on top of the pool structure and the means of access is a ladder or steps, the ladder or steps shall be:
(b)
If the ladder or steps are secured, locked, or removed, any opening created may not be of a size that would allow the passage of a sphere that is four inches in diameter.
(Ordinance 2011-10-10, sec. 11, adopted 10/10/11)
A barrier for a residential swimming pool may not be located in a way that allows the use of a permanent structure, equipment, or other similar object to climb the barrier.
(Ordinance 2011-10-10, sec. 12, adopted 10/10/11)
There shall be obtained from the city a permit that allows the permit holder permission to install a swimming pool. The permit shall be obtained prior to construction and the permit holder shall be given a copy of this division in order to know the requirements for installing a swimming pool. The price of this permit shall be as adopted by the city council.
(Ordinance 2011-10-10, sec. 13, adopted 10/10/11; Ordinance adopting 2018 Code)
There shall be allowed a period of time for current owners of swimming pools to construct a barrier around their pools. This time period shall be 6 months from the date of adoption of this division.
(Ordinance 2011-10-10, sec. 14, adopted 10/10/11)