[HISTORY: Adopted by the Board of Supervisors of the County of Frederick 9-12-1984 as Ch. 19 of the 1984 Frederick County Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 52.
Building maintenance — See Ch. 54.
Sewage disposal and sewers — See Ch. 161.
Zoning — See Ch. 165.
[1]
Editor's Note: For statutory provisions relating to the authority of the County to regulate swimming pools, see Code of Virginia, § 15.2-921.
A. 
Fences. The enclosure shall extend not less than four feet above the ground. Enclosure fences shall be constructed so as to prohibit the passage of a sphere larger than four inches in diameter through any opening or under the fence. Fences shall be designed to withstand a horizontal concentrated load of 200 pounds applied on a one-square-foot area at any point of the fence.
[Amended 12-9-1992]
B. 
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
SWIMMING POOL
Any outdoor man-made structure constructed from material other than natural earth or soil designed or used to hold water for the purpose of providing a swimming or bathing place for any person, or any such structure for the purpose of impounding water therein to a depth of more than two feet.
It shall be unlawful for any person to construct, maintain, use, possess or control any pool on any property in the County without having completely around such swimming pool a fence as hereinabove defined.
[Amended 12-9-1992]
All gates shall be self-closing and self-latching, with latches placed at least four feet above the ground. It shall be unlawful for any such gate to be allowed to remain unfastened while the pool is not in use. Fences shall be constructed so as to come within two inches of the ground at the bottom.
[Added 12-9-1992]
A natural barrier, pool cover or other protective device approved by the governing body shall be an acceptable enclosure as long as the degree of protection afforded by the substituted device or structure is not less than the protection afforded by the enclosure, gate and latch described herein.
[Amended 12-9-1992]
Any person violating the provisions of this chapter shall be punished by a maximum fine of $2,500 or by imprisonment for not more than 12 months, or by both such fine and imprisonment.