For the protection of the citizens and general public, all swimming pools, spas, and hot tubs shall be completely enclosed by a substantial wall or fence of not less than four feet in height.
Any wall or fence shall be so constructed that holes or gaps shall be such that a two-inch sphere cannot pass through, except for doors or gates when open. All doors and gates shall be self-closing and self-latching, latches on gates and doors shall be located on the inside and not readily accessible for children to operate. Gates shall have the latching device at least 40 inches from ground level and these gates shall remain locked unless adult supervision is in attendance.
Swimming pools, spas, and hot tubs already constructed and in operation shall comply with this chapter within 90 days of the passage of the ordinance codified in this chapter.
Exceptions: If the property on which the swimming pool, spa or hot tub is located is enclosed, then the specific provision for enclosing the swimming pool, spa, or hot tub area may be waived by the City Building Department upon inspection and approval of the fenced area.
The City Building Department may make modifications in individual cases, upon showing of good cause, with respect to the height, nature, or location of the fence, wall, gates, or latches, or the necessity therefor, provided the protection as sought hereunder is not reduced thereby. Note that in no case may the location of the fence be changed by the Department which would violate the required setbacks without first having obtained the approval of the Hearing Examiner via variance procedures.
The City Building Department may permit other protective devices or structures to be used as long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate, and latch described herein.
(Ord. 1678 § 3, 1986; Ord. 2481 § 11, 2008)