[HISTORY: Adopted by the City Council of the City of Fairfax 7-14-2020 by Ord. No. 423. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 211, Swimming Pools, adopted 7-13-1993 by Ord. No. 308.
For purposes of this section, the following terms have the following meanings:
- PRIVATE RESIDENTIAL SWIMMING POOL
- Any outdoor structure intended for swimming or wading located on private residential property that has a depth capacity greater than 24 but less than 48 inches at any point.
- A. The swimming pool may be constructed, installed or located in-ground, partially in-ground or aboveground, and may include permanent or temporary swimming pools.
Private residential swimming pools and any attached or functionally related deck shall comply with the required yard setbacks for the relevant zoning district. No such pool shall be located within a drainage or utility easement area. Private residential swimming pools must be located in the rear yard.
All private residential swimming pools shall be completely enclosed within a permanent wall or fence of the nonclimbing type so as to be impenetrable by toddlers, affording no external hand holds or foot holds, and a minimum of four feet in height. To the extent it is applicable, fences must comply with the provisions of the Zoning Code relating to fences. All fences must be installed four inches or less from the surface of the ground. All gates or doors opening through the enclosure must be equipped with a self-latching mechanism, of a type to accept a lock, and which must keep the door or gate securely closed at all times. Pool gates must be locked when the pool is not in use. Pool ladders must be made inaccessible to climbing when not in use.
In lieu of a wall or fence, a cover may be used. The cover shall be of a solid and durable material and construction which cannot be damaged or broken into by toddlers. The cover must also be accompanied by a child proof mechanism which secures the cover against tampering or lock release by a toddler in order to prevent accidental entry and drowning.