§ 268-2Barrier requirements.
§ 268-3Compliance required.
As used in this chapter, the following terms shall have the meanings indicated:
- A fence, a wall, a building wall or a combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.
- RESIDENTIAL SWIMMING POOL
- Any structure that is capable of containing water of 24 inches (610 mm) or more in depth which is used or intended to be used for swimming or recreational bathing and which is available only to the family and guests of the householder. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas.
All outdoor residential swimming pools shall be completely enclosed by a barrier and be secure from trespass. Except as provided in Subsection B of this section, said barrier shall comply with the following regulations:
The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier should be four inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches.
Openings in the barrier shall not allow passage of a sphere five inches in diameter.
Solid barriers, which do not have openings, such as masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches in width. Where there are decorative cutouts, spacing within the cutouts shall not exceed 1 3/4 inches in width.
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts, spacing within the cutouts shall not exceed 1 3/4 inches in width.
Maximum mesh size for a chain link fence shall not exceed the standard residential chain link fence as set by industry standards and allowed in the Village of Williamsville as determined from time to time.
Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than two inches.
Access gates to the pool shall be locked or secured to prevent access.
Where an aboveground pool structure is used as the barrier (which is an aboveground freestanding pool constructed at least 48 inches above grade) or where the barrier is mounted on the top of the pool structure at least 48 inches above grade and the means of access is a ladder or steps, then a) the ladder to the pool or steps shall be capable of being secured, locked or removed to prevent access or b) the ladder or steps shall be surrounded by a barrier which meets the requirements of Subsection A(1) through (8). When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a sphere five inches in diameter.
Existing permanent barriers. The regulations for a barrier required by this chapter in Subsection A of this section shall not apply to an existing permanent barrier in place on the effective date of this chapter. An existing permanent barrier which is more than 49.0% removed, damaged, destroyed or enlarged shall be installed, enlarged, repaired or constructed pursuant to the regulations contained herein in Subsection A of this section.
It shall be unlawful to construct, maintain, install or enlarge any residential swimming pool in the Village except in compliance with the provisions of this chapter.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction, be fined a minimum of $250 and a maximum of $750 for each offense, and everyday that such a violation is continued shall constitute a separate and distinct offense.