Any constructed pool located above or below the ground, whether portable
or fixed, used or capable of being used for swimming, wading or bathing purposes
and having a depth of at least two feet and a capacity of at least 200 cubic
feet in volume shall be subject to the following requirements:
A. Every outdoor swimming pool shall be completely surrounded
at all times, whether or not filled with water, by a fence or wall not less
than four feet in height, unless the pool wall itself is four feet or more
above grade at all points.
B. Every such fence, wall, door or gate shall be constructed
so as not to have openings, holes or gaps larger than two inches in a horizontal
dimension and four inches in a vertical dimension or shall be otherwise designed,
constructed and maintained to be nonclimbable by small children. The wire
sizes for all fences and doors fabricated with wire mesh shall not be less
than No. 16 wire. The gates or door openings in the fence shall be at least
of the same height and construction as the fence or wall and shall be equipped
with a self-closing and self-latching device located at least four feet above
the underlying ground and inaccessible from the outside to small children.
Every gate or door shall be kept locked at all times when the swimming pool
enclosure is not in use.
C. All ladders used to gain access to aboveground pools
shall be removed or placed so as not to allow entrance by small children when
the pool is not in use. No permanent ladders may be attached to aboveground
pools on the outside unless the pool is surrounded by a separate fence as
specified above.