§ 2. Requirements for in-ground swimming pools.

A.

Barriers. It shall be the responsibility of any person owning or maintaining an inground swimming pool to ensure that the pool is completely surrounded by barriers that conform to the requirements set forth below:

1.

The top of the barrier shall be at least forty-eight (48) inches above grade measured on the side of the barrier that faces away from the swimming pool.

2.

The maximum vertical clearance between the bottom of the barrier and grade shall be four (4) inches measured on the side of the barrier that faces away from the swimming pool.

3.

Openings in the barrier shall not allow passage of a sphere that is four (4) or more inches in diameter.

4.

Solid barriers which do not have openings, such as masonry or stone walls, shall not contain indentations or protrusions (except for normal construction tolerances and tooled masonry joints) that could be used to climb such barriers.

5.

Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1.75 inches.

6.

Maximum mesh size for chain link fences shall be a one and one-quarter (1.25) inch square unless the barrier is provided with slats fastened at the top or the bottom which reduce the openings to not more than one and three-quarter (1.75) inches.

7.

Barriers shall be located so as to prohibit permanent structures, equipment, or similar objects from being used to climb the barriers.

B.

Gates. It shall be the responsibility of any person owning or maintaining an in-ground swimming pool to ensure that any gate through which access to the pool may be gained complies with all of the requirements set forth in Section 2(A), above, and also complies with the following:

1.

Access gates shall be equipped to accommodate a locking device.

2.

Access gates shall open outward away from the pool, be self-closing, and have a self-latching device.

3.

Where the release mechanism of a self-latching device is located less than fifty-four (54) inches from the bottom of the gate, the release mechanism and openings shall comply with the following:

a.

The release mechanism shall be located on the pool side of the gate at least three (3) inches below the top of the gate; and

b.

The gate and barrier shall have no opening greater than one-half (.5) inch within eighteen (18) inches of the release mechanism.

(Res. No. R-2008-08, § 2, 4-14-2008)